O2147
f:\atty\muni\laws\barry\sidewalk use second extension2d-1.doc
Council Meeting 1-25-05 Santa Monica, California
ORDINANCE NUMBER 2147 (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA EXTENDING THE INITIAL INTERIM ORDINANCE AUTHORIZING THE
PLACEMENT OF FURNITURE, PORTABLE LANDSCAPING, AND
CIGARETTE DISPOSAL RECEPTACLES WITHIN THE PUBLIC
RIGHT-OF-WAY AND THE DISPLAY OF MERCHANDISE
IN PRIVATE VESTIBULES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findinqs and Purpose. The City Council finds and declares:
(a) The City of Santa Monica is committed to preserving the economic vitality of
local businesses.
(b) The City is also committed to maintaining the inviting pedestrian orientation of its
commercial streets.
(c) The recent economic downturn adversely impacted the City's business
community and many businesses, including restaurants, have been especially hard hit by
the drop in tourism and discretionary spending occasioned by these economic conditions.
(d) Outdoor seating, portable landscaping adjacent to businesses, merchandise
displays in private vestibules, and outdoor cigarette refuse receptacles make local
businesses more attractive to potential patrons.
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(e) These amenities also enhance the streetscape and enliven the pedestrian
experience.
(f) The private sidewalk frontage adjacent to many businesses is insufficient to
accommodate these amenities.
(g) Accordingly, on June 10, 2003, the City Council directed staff to prepare an
interim ordinance allowing for portable landscape planters, seating and cigarette refuse
receptacles in the public right-of-way and display of merchandise in private vestibules.
(h) The City Council finds and declares that the public health, safety and general
welfare requires adoption of an interim ordinance to authorize the placement of seating,
portable landscape planters, and cigarette refuse receptacles in the public right-of-way and
the display of merchandise in private vestibules in order to provide assistance to the City's
restaurants given the economic conditions and the critical role that restaurants play in the
vitality of the City's commercial districts and the overall health of the local economy.
(i) Therefore, the City's zoning and planning regulations should be revised to allow
the placement of the above specified objects in the public right-of-way and in private
vestibules.
U) Pending completion of these permanent revisions, in order to protect the public
health, safety, and welfare, it is necessary on an interim basis to change current
development standards as they relate to portable landscape planters, cigarette refuse
receptacles, outdoor seating, and the display of merchandise in private vestibules.
(k) These interim standards will serve to assist restaurants and other retail
establishments to survive during this difficult economic period.
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(I) In light of these concerns, the City Council adopted Ordinance Number 2101
(CCS) on December 16, 2003 which allowed businesses to place seating, portable
landscaping and cigarette refuse receptacles within the public right-of-way and to display
merchandise in private vestibules on Main Street and Montana Avenue. The City Council
extended Ordinance Number 2101 (CCS) on January 27,2004 through the adoption of
Ordinance Number 2112 (CCS). However, this ordinance will expire on February 27,2005,
unless extended. Extending this interim ordinance will provide the Council and
community with an adequate time to assess whether the interim provisions have assisted
in improving the pedestrian environment and economic vitality of the City's commercial
districts and whether these provisions should be incorporated into the update of the Zoning
Ordinance.
(I) As described above, there exists a current and immediate threat to the public
safety, health, and welfare should this interim ordinance not be adopted. Consequently, it
is necessary for this ordinance to extend the provisions of Ordinance Number 21 01 (CCS)
and Ordinance Number 2112 (CCS) up to and including February 25,2007 to establish on
an interim basis the following development standards:
SECTION 1. Permitted Outdoor Uses.
(a) In addition to the outdoor uses permitted in Santa Monica Municipal Code
Section, 9.04.10.02.340, the following uses shall be permitted outside of an enclosed
building on a public sidewalk:
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(1) Seating accessory to a legally established restaurant or other eating and
drinking establishment that is located immediately in front of the business and is not used
for customer dining or drinking.
(2) Portable landscape and cigarette disposal receptacles accessory to a legally
established retail establishment, restaurant, or other eating and drinking establishment that
are located immediately in front of the business
(b) Seating, portable landscape, and cigarette disposal receptacles may only be
placed on a public sidewalk pursuant to either a license agreement prepared in accordance
with administrative guidelines adopted by the City which ensure the City receives adequate
compensation, public safety is maintained, and the City's aesthetic interest is preserved or
a sidewalk use permit issued in accordance with subsection (c) of this Section.
(c) A sidewalk use permit shall be issued if the following standards are met:
(1) Seating must be regularly cleaned, maintained in good condition, and not exceed
24 inches in depth or 36 inches in height.
(2) Landscaping planters must not exceed 24 inches in width or diameter, must
prevent water drainage onto the sidewalk, must be elevated at least two inches off the
ground, and must be maintained in good condition.
(3) Cigarette refuse receptacles must comply with City design standards, be
regularly cleaned, and be maintained in good condition.
(4) A four foot contiguous sidewalk width must be kept clear for pedestrian passage
at all times and pedestrian access to building entrances must not be impeded.
(5) All items placed on the public sidewalk must be removed when the business
establishment is closed.
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(6) The business establishment must assume all liability associated with the
placement of these items on the public sidewalk.
(7) The business establishment must pay the reasonable processing costs for the
sidewalk use permit.
(d) The following use shall be permitted outside an enclosed building on properties
zoned CM or zoned C2 on Montana Avenue:
(1) A single outdoor display of merchandise entirely within the covered vestibule,
arcade or colonnade area of a retail establishment provided that the single display does
not exceed 60 inches in height, 36 inches in width and 36 inches in depth, or 42 in height,
48 inches in width and 36 inches in depth, and provided that the single display is removed
from the vestibule, arcade or colonnade when the business is closed. l:iowever, garment
racks shall be prohibited.
SECTION 2. This Ordinance shall be of no further force or effect after February 25,
2007 unless prior to that date, after a public hearing, noticed pursuant to Santa Monica
Municipal Code Section 9.04.20.22.050, the City Council, by majority vote, extends this
interim ordinance.
SECTION 3. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
affect the provisions of this Ordinance.
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SECTION 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
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Approved and adopted this 25th day of January, 2005.
,-
G'
Pam O'Connor, Mayor
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2147 (CCS) had its introduction on January 11,2005, and was
adopted at the Santa Monica City Council meeting held on January 25, 2005, by the
following vote:
Ayes: Council members: Mayor O'Connor, Mayor Pro Tem Katz, Bloom,
Genser, McKeown, Shriver
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Holbrook
ATTEST:
'-- ~~.~.~
Maria M. Stewart, Ity Clerk
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