PCD:SF:AA:f:\plan\admin\downtown
task force\code changes\cc report.doc
City Council Meeting:
June 8, 2004 Santa
Monica, California
TO: Mayor
and City Council
FROM: City
Staff
SUBJECT: Promenade Uses Task Force Legislative
Amendments
INTRODUCTION
This report
recommends that the City Council introduce for first reading an ordinance
amending Municipal Code Section 9.04.08.15.080 to eliminate the numerical cap
on restaurants in the Bayside District and expand the types of alcohol sales
subject to a conditional use permit, amending Section 9.04.10.18.050 to provide
for a Conditional Use Permit exemption for alcohol-serving restaurants in the
Bayside District, amending Sections 9.04.08.15.020 and 9.04.08.15.040 and
adding Section 9.04.13.060 to limit the Promenade frontage of any new or
expanding retail use to fifty linear feet unless a use permit is obtained, and
amending Sections 6.36.030 and 6.36.090 and eliminating Section 6.36.070 to expand
the vending cart program subject to a license agreement; and adopt a resolution
amending Bayside District Specific Plan Policy 4.1.9 to eliminate the numerical
cap on restaurants in the Bayside District,
amending Policy 4.1.28 to allow for expanded outdoor dining areas on the
Promenade, and adding Signage Standard 13.5.11 to allow for signage for
upper-level restaurants. The proposed
legislative changes are part of a series of programming, management, capital
and legislative recommendations developed by the Promenade Uses Task Force to
facilitate the continued vitality and diversity of the uses on the Third Street
Promenade and in the Bayside District.
BACKGROUND
Maintaining
the proper balance of uses on the Third Street Promenade is an important community
goal. The original Third Street Mall was primarily a pedestrian retail mall
whose failure to attract residents and visitors threatened the viability of the
downtown area. In response, the City
embarked upon an extensive planning and community participation process
culminating in the adoption of the Third Street Mall Specific Plan, now called
the Bayside District Specific Plan. The
Specific Plan was adopted by Council in January 1996 and establishes policies to
preserve a unique mixture of uses, a key element to the success of the
Promenade. Over the years, Council has
maintained the balance of uses by enacting zoning regulations that foster an
appropriate mix of restaurant, retail and entertainment uses.
Information presented
to Council in November 2001 showed that the mix of uses is at risk. Five restaurants had been lost in the
previous two years, with four more near or at the end of their leases. As restaurants have left the Promenade,
retail uses have grown. The growth of
retail has already exceeded the ten-year projection contained in the Bayside
District Specific Plan. Concern has
been expressed that the Promenade is becoming less unique and more like a
typical shopping mall. If allowed to
continue, this trend will threaten the unique character and economic and social
welfare of the downtown area.
In response,
on November 27, 2001, the City Council adopted an interim ordinance regulating the concentration of ground floor retail
uses on the Promenade by limiting the total linear footage and square footage
of retail on each block. The Council
also established a Promenade Uses Task Force to study the relevant issues, seek
feedback and input from the community, and make recommendations to the City
Council regarding the appropriate mix of uses on the Promenade. The Task Force included three Council
members, one Planning Commissioner, two Bayside District Corporation (BDC)
board members, and one Third Street property owner. The interim ordinance was extended twice in order to enable the
Task Force to conduct its work and extended again while the Task Force
recommendations are implemented. The
interim ordinance is set to expire in September 2005.
PROMENADE USES TASK FORCE
The
Promenade Uses Task Force began meeting in May 2002 and met regularly through
March 2003. The Task Force began its meetings by discussing goals, issues and
opportunities related to the vitality of the Promenade. The Task Force also reviewed existing
regulatory documents and improvement plans for the area, including the General
Plan, Bayside District Specific Plan, and Downtown Parking Strategy. Early in the Task Force process, it became
apparent that outside expertise would be needed to assist the Task Force in its
efforts. Project for Public Spaces
(PPS), a non-profit organization that is nationally recognized for helping
communities enhance their public spaces, was engaged to provide technical
assistance in support of the Task Force’s efforts.
PPS commenced its efforts with the Task Force by focusing on the
elements that make great public spaces, including examples of a variety of
successful public spaces from around the world. Under PPS’ guidance, the Task Force also participated in the
“Place Evaluation Game”, where participants go to a public space, make critical
observations of the place with respect to a variety of criteria (comfort and
image, access and linkages, uses and activities, etc.), and make
recommendations for short-term and long-term improvements.
To help create an analytical framework for the Task Force’s
deliberations, PPS conducted user intercept surveys, time-lapse filming, and
activity mapping of pedestrian patterns on the Promenade and in the Bayside
District. Some of the key findings of
this analysis included:
§
Unique shops and restaurants tend
to be a greater draw to passersby than do formula retail establishments;
§
The quality and creativity of
individual storefronts has an even greater influence on pedestrian appeal,
irrespective of chain affiliation; and
§
Outdoor dining that is located on
the sidewalk immediately next to a restaurant tends to disrupt the pedestrian
flow along the sidewalk and discourage pedestrians from approaching the
adjacent storefronts.
The Task Force also participated in presentations and discussions with
Larry Lund, a retail expert, regarding current trends in national and local
retailing. A national trend that is
particularly relevant to the Promenade is the consolidation of retailing by a
small group of large retailers. This
trend has impacted the Promenade, as well as most cities throughout the nation,
over the past few years and is not expected to abate within the foreseeable
future. The Task Force explored whether
there is a formula regarding an appropriate mix of retail, restaurant and
entertainment uses for successful urban environments. Mr. Lund’s research shows a wide variety in the mix among
successful areas, ranging from restaurant-heavy areas to areas that are
virtually devoid of restaurants in the prime area, though restaurants can
usually be found on nearby side streets.
On November 17,
2002, the Task Force hosted a public workshop attended by interested members of
the community, including residents, restaurateurs, retailers, and property
owners. The workshop included a
presentation by PPS of ideas and opportunities for enhancing the mix and
vibrancy of the Promenade and Bayside District, followed by attendees’
participation in the Place Evaluation Game.
Some of issues, findings and recommendations identified by PPS, the Task
Force and the workshop participants included:
§
The use and activity issues on
the Promenade cannot be studied and improved in isolation, as the Promenade and
adjacent streets have a symbiotic relationship and present opportunities to
create a whole that is greater than the sum of its parts. Certain places within the District,
including Second and Fourth Streets and the alleys, are in need of the same
level of attention that has been directed toward the Promenade and Transit Mall
streets.
§
While the high rents for
Promenade storefronts are out of reach for most restaurants, establishing
outdoor cafes in the center of the Promenade and at the outside edges of the
sidewalks could maintain the food opportunities and environmental amenities associated
with restaurants. Cafes could be
associated with restaurants and kitchens that are located in more affordable
locations. Restaurants might also be
created on second floors with dining terraces overlooking the Promenade.
§
In addition to retail and restaurants,
entertainment is a key element of the Promenade’s success and acts as a draw to
help support other uses. The existing
movie theaters are outdated and likely will become less competitive in the near
future unless they can provide appropriate amenities such as stadium
seating. The current theater sites are
generally too small to provide for these modern amenities. However, encouraging new theater development
along Second and Fourth Streets could expand the vitality of the District while
maintaining this critical element in the mix of uses.
§
More flexibility in the design
elements on the Promenade (seating, planters, fixed kiosks, etc.) is needed to
allow for outdoor dining and a greater variety of activities.
§
Street vendors of a more local nature
could make the area more unique and help support Santa Monica-based
micro-enterprises.
§
Appropriate resources for event
programming, public space management and local business recruitment is needed
to support the enhancement and expansion of the vitality of the Bayside
District.
In the months following the workshop, the Task Force
held additional meetings with PPS and Larry Lund and concluded their meetings
in March with a series of recommendations.
CITY COUNCIL ACTION
On June 10,
2003, the City Council reviewed the recommendations of the Promenade Uses Task
Force, indicated their general concurrence with the Task Force recommendations
and directed staff to return with a work program for implementation of the Task
Force recommendations.
On September
9, 2003, Council discussed the work plan related to the Promenade Uses Task
Force recommendations and identified priorities for implementation of Task
Force and Bayside District Board recommendations. At that meeting, Council also adopted Resolutions of Intention
directing the Planning Commission to review and make recommendations on the
Zoning Ordinance and Specific Plan changes associated with the
recommendations.
RECOMMENDED LEGISLATIVE CHANGES
The legislative
changes recommended by the Task Force are discussed below.
The Task
Force discussions and expert input pointed to the fact that most restaurants
are unable to pay the rents that Promenade-fronting space currently commands. The Task Force also noted that the City’s
regulatory mechanisms are weighted against restaurants, and are especially
adverse to independent operators, thereby creating additional barriers to new
restaurants. The following
recommendations were meant to address this inequity.
In
response to concerns regarding an overabundance of establishments serving food
and drink on the Promenade, in the early 1990s the City adopted caps on the
total number of restaurants and alcohol-serving establishments permitted within
each block of the Promenade and within the Bayside District as a whole. Due to the drop in the number of restaurants
since that time, the caps are not in danger of being approached. As of February 2003, there were 59 food uses
existing within the District, while the caps permit 76 total food uses. Similarly, 52 food uses are permitted within
the three blocks of the Promenade, while 31 food uses existed as of February.
Although
the restaurant caps are not currently being approached, the existence of the
regulatory mechanism requires any new restaurant that opens within the Bayside
District to secure a permit from the City, including review of where the new
restaurant stands relative to the cap.
While this permit does not require a public hearing, it does involve an
additional step in the process that competes for limited staff resources within
the Planning Division. Without the cap,
restaurants without alcohol service could open with as little as a business
license. The following zoning ordinance and specific plan amendments would
remove the restaurant caps and block-by-block alcohol caps, while retaining the
overall alcohol cap for the district:
SMMC
Section 9.04.08.15.080 Limitations on food uses and alcohol outlets.
(a) The
number of alcohol and food serving establishments in the BSC District
shall be limited. For purposes of this Section, a food serving establishment
shall include any restaurant, including, without limitation, any drive-through
or drive-in restaurant, fast-food or take-out restaurant, or sidewalk cafe, and
any use which includes incidental food service. The number of food
serving establishments and on-sale alcohol outlets in the BSC District
shall not exceed the limitations below. For purposes of this Section, fast-food
food courts shall be counted as one food serving establishment and one
alcohol outlet, even though individual tenants within a fast-food food court
may be required to obtain separate conditional use permits in order to
obtain an on-sale alcohol license. The total number of food serving
establishments and alcohol outlets in the BSC District shall be limited to seventy-six
food serving establishments, fifty alcohol-serving establishments of
which may have a with Type 41 (On-Sale Beer and Wine) or Type 47
(On-Sale General) alcohol licenses. No alcohol outlets which are not
also food serving establishments shall be allowed. Additionally, the number
of food serving establishments and alcohol outlets on Block 4, Block 5
and Block 6 shall be limited as follows:
Block 4:
Food Serving Establishments: Eighteen, ten of which may have a Type 41 (On-Sale
Beer and Wine) or Type 47 (On-Sale General) Alcohol License, and one of which
may be a fast-food food court, provided the fast-food food court is located in
the northern half of the block. Type 48 (On-Sale General for Public Premise)
Alcohol License: None. Other On-Sale Alcohol License Types: None.
Block 5:
Food Serving Establishments: Sixteen, ten of which may have a Type 41 (On-Sale
Beer and Wine) or Type 47 (On-Sale General) Alcohol License, and one of which
may be a fast-food food court. Type 48 (On-Sale General
for Public Premise) Alcohol License: None. Other On-Sale Alcohol License Types:
None.
Block 6:
Food Serving Establishments: Eighteen, eleven of which may have a Type 41
(On-Sale Beer and Wine) or Type 47 (On-Sale General) Alcohol License, and one
of which may be a fast-food food court. Type 48 (On-Sale General for Public
Premise) Alcohol License: None. Other On-Sale Alcohol License Types: None.
Bayside District Specific Plan
Policy 4.1.9:
The number of on-sale alcohol
outlets and food serving establishments in the Bayside District shall be
limited on a block by block basis in order to provide for a mix of activities
including retail and entertainment, and to prevent an over concentration of food
serving and alcohol outlets.
In
order to prevent a future over-concentration of restaurants, the Task Force also
recommended that the Bayside District monitor restaurant growth in the Bayside
District and inform the City if a proliferation of restaurants appears to be
underway. Adoption of the proposed
Specific Plan amendment would not reduce the City’s flexibility to impose
restaurant limits within the Zoning Ordinance in the future.
Under the
City’s existing regulations, new restaurants with alcohol service are required
to obtain a Conditional Use Permit, in addition to securing Alcohol and
Beverage Control (ABC) approval from the State. The Task Force felt that the CUP requirement, which involves a
public hearing before the Planning Commission (appealable to the City Council),
can be an expensive, lengthy and uncertain process that creates a barrier for
restaurateurs, particularly independent restaurateurs who may not have the
resources both to finance a prolonged approval process and pay the Promenade’s
elevated rents. Recognizing that the
alcohol conditions that have historically been applied by the Planning
Commission are largely standard conditions, applicable to all alcohol-serving
restaurants, the Task Force recommended that restaurants with alcohol service
require administrative approval only, subject to uniform standards that reflect
the conditions that have historically been applied by the Planning Commission.
If a
proposed restaurant or restaurant expansion were unable to meet the pre-defined
standards, a CUP and hearing before the Planning Commission would be required. The Task Force recommended that the
regulatory cap on the number of alcohol-serving restaurants remain in
place. The following zoning ordinance
amendment would implement the proposed change:
Restaurants or “bona fide” public eating places in the
BSC-1 portion of the BSC District which offer alcoholic beverages including
beer or wine incidental to meal service shall be exempt from the provisions of
this part 9.04.10.18 only if the applicant agrees in writing to comply with the
following criteria and conditions:
(a)
The primary use of the premises shall be for sit-down
meal service to patrons. Alcohol shall
not be served to persons except those intending to purchase meals.
(b)
If a counter service area is provided, a patron shall
not be permitted to sit at the counter unless the patron is ordering a meal in
the same manner as patrons ordering meals at the table seating. The seats located around the counter service
area cannot be used as a waiting area where patrons may drink before being
seated or as a bar where beverages only are served.
(c)
Window or other signage visible from the public
right-of-way that advertises beer or alcohol shall not be permitted.
(d)
Customers shall be permitted to order meals at all times
and at all locations where alcohol is being served. The establishment shall serve food to patrons during all hours
the establishment is open for customers.
(e)
The establishment shall maintain a kitchen or
food-serving area in which a variety of food is prepared on the premises.
(f)
Take out service shall be only incidental to the
primary sit-down use.
(g)
No alcoholic beverage shall be sold for consumption
beyond the premises.
(h)
Except for special events, alcohol shall not be
served in any disposable containers such as disposable plastic or paper cups.
(i)
No video or other amusement games shall be permitted
on the premises.
(j)
No dancing is permitted. Live entertainment may only be permitted in the manner set forth
in the “Restaurant” definition contained in Section 9.04.02.030.730.
(k)
Any minimum purchase requirement may be satisfied by
the purchase of beverages or food.
(l)
The primary use of any outdoor dining area shall be
for seated meal service. Patrons who
are standing in the outdoor seating area shall not be served.
(m) The
operation shall at all times be conducted in a manner not detrimental to
surrounding properties by reason of lights, noise, activities or other
actions. The operator shall control
noisy patrons leaving the restaurant.
(n)
The permitted hours of alcoholic
beverage service shall be 9:00 a.m. to 12:00 midnight Sunday through
Thursday, and 9:00 a.m. to 1:00 a.m. Friday and Saturday with complete
closure and all employees vacated from the building by 1:00 a.m. Sunday through
Thursday, and 2:00 a.m. Friday and Saturday. All alcoholic beverages must be removed from
the outdoor dining area no later than 12:00 midnight. No after hours operation is permitted.
(o)
No more than 35 percent of total gross revenues per
year shall be from alcohol sales. The
operator shall maintain records of gross revenue sources which shall be
submitted annually to the City of Santa Monica Planning Division at the
beginning of the calendar year and also available to the City of Santa Monica
and the California Department of State Alcoholic Beverage Control (ABC) upon
request.
(p)
Prior to occupancy, a security plan shall be
submitted to the Chief of Police for review and approval. The plan shall address both physical and
operational security issues.
(q)
Prior to occupancy, the operator shall submit a plan
for approval by the Director of Planning regarding employee alcohol awareness
training programs and policies. The
plan shall outline a mandatory alcohol-awareness training program for all
employees having contact with the public and shall state management's policies
addressing alcohol consumption and inebriation. The program shall require all
employees having contact with the public to complete an ABC-sponsored
alcohol-awareness training program within 90 days of the effective date of the
exemption determination. In the case of new employees, the employee shall
attend the alcohol awareness training within 90 days of hiring. In the event
the ABC no longer sponsors an alcohol awareness training program, all employees
having contact with the public shall complete an alternative program approved
by the Director of Planning. The
operator shall provide the City with an annual report regarding compliance with
this requirement. The operator shall be
subject to any future citywide alcohol-awareness training program affecting
similar establishments.
(r)
Within thirty (30) days from the date of approval of
this exemption, the applicant shall provide a copy of the signed exemption to
the local office of the State ABC.
(s)
Prior to occupancy, the operator shall submit a plan
describing the establishment's designated driver program, which shall be
offered by the operator to the establishment's patrons. The plan shall specify how the operator will
inform patrons of the program, such as offering on the menu a free non-alcoholic
drink for every party of two or more ordering alcoholic beverages.
This exemption shall only be valid if
approved in writing by the Zoning Administrator.
The
proposed requirements reflect the standard alcohol outlet conditions associated
with CUPs approved by the Planning Commission over the past three years.
Council
also discussed whether the streamlined approval process should apply to any
restaurant with alcohol service or only to restaurants serving beer and
wine. Under the latter scenario,
restaurants proposing to serve a broader array of alcoholic beverages would be
required to obtain a CUP. Because the
Planning Commission’s alcohol conditions have historically been applied to both
types of restaurants and have proven effective in ensuring that bona fide
restaurants do not become de facto bars, staff recommends that the
proposed standards and review process apply to both types of restaurants on the
Promenade. In addition, as the Task
Force promoted a variety of restaurants on the Promenade, including “special
occasion” restaurants that are more likely to offer a full bar with specialty
beverages, a streamlined review process for all restaurants is more likely to
encourage the desired restaurant variety.
Staff’s primary
concern with the proposed regulatory process is that it would apply to only one
street within the downtown, which creates additional complexity in the Zoning
Ordinance and the potential for confusion among applicants and staff. If the new regulations prove successful,
Council may wish to consider expanding the proposed regulatory process to other
parts of the Bayside District or to other commercial areas.
Recognizing
that indoor and outdoor dining plays an important role in the mix of uses on
the Promenade and that the loss of this critical element could have long-term
implications for the character and vitality of the Promenade, the Task Force
also considered incentives to encourage the establishment and retention of
restaurants on the Promenade.
The Task
Force recognized that outdoor dining is critical to the Promenade’s ambiance
and that more opportunities to support sidewalk cafes are essential. The Task Force reviewed examples from other
US and world cities where al fresco dining occurs in the center of pedestrian
streets and on the curbside of sidewalks.
PPS also presented time-lapse video showing that restaurant-contiguous
outdoor dining areas tend to disrupt the pedestrian rhythm along the Promenade,
thereby discouraging pedestrians from approaching the storefronts adjacent to
these dining areas. In addition, the
Task Force expected that the availability of additional outdoor dining areas could
make the overall rental costs per seat more approachable for restaurants. In order to reduce regulatory barriers to
outdoor dining, the Task Force recommended that such dining be administratively
approved, subject to consistency with established guidelines. In May, 2003 the City Council adopted an
interim ordinance providing for administrative approval of outdoor dining on a
Citywide basis.
The Task
Force also recommended that outdoor dining opportunities be expanded to
encompass non-contiguous areas, including the outside edges of sidewalks and
the three center courts of the Promenade.
Alleys were also identified as a potential dining area, which is
discussed later in this report.
Enabling
outdoor dining to occur within these areas would require a discrete amendment
to the Bayside District Specific Plan, which currently permits outdoor dining
within only the first 12 feet of any storefront. In order to ensure fire and emergency service access, any dining
between the curb edges of the Promenade would need to occur within the “court”
areas (“center court” and adjacent to the dinosaurs on the north and south
blocks) to maintain roadway access. In
addition, the extending interim ordinance related to outdoor dining which
appears on tonight’s Council agenda includes consistent language related to
non-contiguous dining on the Promenade.
The City Attorney has advised that allowing central
portions of the Promenade to be used as private dining space would pose various
legal risks. Dining areas not
contiguous to storefronts would create obstructions and choke points during
times when the Promenade is crowded.
This would impact the flow of traffic and could also impact emergency
ingress and egress. Because preserving the free flow of traffic and emergency
ingress and egress is the basis for regulating street performance and other
First Amendment activities, dedicating a center portion of the public street to
private uses could jeopardize those regulatory schemes. Apart from the viability of these regulatory
systems, there are legal risks attendant upon attempting to close or restrict a
public forum to further private interests.
The
following discrete amendment of the Bayside District Specific Plan would be
necessary to allow for the expanded outdoor dining areas:
Bayside
District Specific Plan Policy 4.1.28:
Allow encroachments of up to 12
feet into the Promenade from the abutting property frontage to
accommodate outdoor dining. Uses
located in the Promenade encroachment zone shall be in accordance with the
approved Third Street Promenade Outdoor Dining Standards subject to an outdoor
dining license agreement. encroachment
permit. The complete outdoor dining
guidelines are contained in Appendix A.
If
the Specific Plan amendment is adopted, staff will return to Council with
amendments to the Third Street Promenade Outdoor Dining Standards to reflect
the expanded outdoor dining areas and to maintain adequate areas for pedestrian
circulation and street performers.
Flexibility in Signage Standards for Upper-Level
Restaurants
In order
to encourage second-story restaurants overlooking the Promenade, the Task Force
recommended more flexibility on signage above the second floor, which is
currently prohibited more than 30 inches above the second story floor line. While the municipal code allows the
Architectural Review Board to grant adjustments to these requirements, the Task
Force and the Council felt that affirmative language would appropriately convey
their intentions in this matter. The Planning
Commission recommended that the signage allowances apply to any upper-level
restaurant, not only those on the second story. As the Signage Standards of the Bayside District Specific Plan
expressly modify the sign prohibitions in the Sign Ordinance, the following
Specific Plan amendment would implement this recommendation:
Bayside District Specific Plan,
13.5 SIGNAGE STANDARDS:
11. For
buildings with Third Street Promenade frontage, restaurant identification
signage may be mounted on a building up to thirty inches above the floor line of
the floor above the restaurant.
OTHER LEGISLATIVE AMENDMENTS
An important Task Force concern relates to retail
uses whose frontages are too large for the Promenade and thereby adversely alter
the visual character and reduce the opportunity for a wide variety of
storefronts along the street. As a
result, the Task Force recommended that the Promenade frontage of any new or
expanding retail use be limited to 50 linear feet, with a process to permit
larger frontages under certain circumstances if a use permit is obtained. The Council adopted an interim ordinance
providing for a 50-foot limitation on Promenade frontages unless a use permit
is obtained. The following Zoning
Ordinance amendment would codify these requirements:
Section
9.04.08.15.020 Permitted uses.
(1) The following uses shall be permitted in the
BSC-1 portion of the BSC District, provided that any such use shall obtain a
Use Permit pursuant to Section 9.04.08.15.035 if its Third Street Promenade
first-floor frontage exceeds fifty (50) feet. All uses shall be conducted within an enclosed building, except
where otherwise specified:
(a) Art
galleries.
(b) Artist
studios above the first floor and at the rear seventy-five feet of a parcel.
(c) Bakeries.
(d) Barber
or beauty shops.
(e) Business
colleges.
(f) Child
day care centers.
(g) Cleaners.
(h) Congregate
housing.
(i) Cultural
facilities.
(j) Dance
studios.
(k) Domestic
violence shelters.
(l) Exercise
facilities.
(m) General
offices above the first floor and in the rear seventy-five feet of a parcel.
(n) General
retail.
(o) Homeless
shelters with less than fifty-five beds.
(p) Medical,
dental and optometrist clinics and laboratories above the first floor and in
the rear seventy-five feet of a parcel.
(q) Multi-family
dwelling units.
(r) Museums.
(s) Outdoor
newsstands.
(t) Pawnbrokers.
(u) Photocopy
shops.
(v) Places
of worship.
(w) Restaurants,
subject to the limitations contained in Section 9.04.08.15.080.
(x) Senior
group housing.
(y) Senior
housing.
(z) Sidewalk
cafes, subject to the provisions of the Outdoor Dining Standards for the Third
Street Promenade, approved by resolution of the City Council, and subject to
the limitations contained in Section 9.04.08.15.080.
(aa) Single-room
occupancy housing.
(bb)
Tailors.
(cc) Trade
schools.
(dd)
Transitional housing.
(ee) Accessory
uses which are determined by the Zoning Administrator to be necessary and
customarily associated with and appropriate, incidental, and subordinate to,
the principal permitted uses and which are consistent and not more disturbing
or disruptive than permitted uses.
(ff) Other
uses determined by the Zoning Administrator to be similar to those listed above
and which are consistent and not more disturbing or disruptive than permitted
uses.
Section 9.04.08.15.040
Conditionally permitted uses.
(1) The
following uses may be permitted in the BSC-1 portion of the BSC District
subject to the approval of a conditional use permit. Additionally, any use for
which the Third Street Promenade first-floor frontage exceeds fifty (50) feet
shall obtain a Use Permit pursuant to Section 9.04.08.15.035:
(a) Bars,
subject to the limitations contained in Section 9.04.08.15.080;
(b) Billiard
parlors;
(b) Bowling
alleys;
(d) Cinemas;
(e) Clubs
and lodges;
(f) Convention
and conference facilities;
(g) Fast-food
food courts, subject to the limitations contained in Section 9.04.08.15.080;
(h) Homeless
shelters with fifty-five beds or more;
(i) Hotels
and motels;
(j) Nightclubs,
subject to the limitations contained in Section 9.04.08.15.080;
(k) Open-air
farmers markets;
(l) Skating
rinks;
(m) Theaters.
Section 9.04.13.060 First-floor uses with a Third Street Promenade frontage exceeding fifty (50) feet
The
purpose of this Section is to ensure a wide variety of storefronts on the Third
Street Promenade. A new or expanded use
on the Third Street Promenade may have a first-floor frontage that exceeds
fifty (50) feet if a use permit is obtained pursuant to Santa Monica Municipal
Code Section 9.04.20.11.010 et sec. and one of the following additional
findings of fact is made:
(1) The proposed use is an
entertainment-related use that adds to the overall vitality and diversity of
the Bayside District and the use cannot be accommodated within a Third Street
Promenade frontage of 50 feet or less.
(2) The
proposed use adds to the diversity of the district by providing goods or services
that are not otherwise available in the Bayside District and the use cannot be
accommodated within a Third Street Promenade frontage of 50 feet or less.
(3) The conditions of the proposed site make it physically or practically infeasible for the use to occupy a Third Street Promenade frontage of 50 feet or less.
Although not originally considered by the Task Force,
Council directed staff to prepare a text amendment to expand the types of
permitted alcohol sales in the Bayside District to allow for uses such as
alcohol sales incidental to live theater and alcohol sales by specialty
retailers. Currently, the alcohol caps
in the Bayside District only allow alcohol sales associated with
restaurants. The proposed changes would
allow for other types of alcohol sales associated with permitted uses. A conditional use permit would continue to
be required for these types of alcohol sales, which would count toward the
total number of permitted alcohol-related uses in the District.
Section
9.04.08.15.080 Limitations on food uses and alcohol outlets.
(a) The
number of alcohol and food serving establishments in the BSC District shall be
limited. For purposes of this Section, a food serving establishment shall
include any restaurant, including, without limitation, any drive-through or
drive-in restaurant, fast-food or take-out restaurant, or sidewalk cafe, and
any use which includes incidental food service. The number of food serving
establishments and on-sale alcohol outlets in the BSC District shall not
exceed the limitations below. For purposes of this Section, fast-food food
courts shall be counted as one food serving establishment and one alcohol
outlet, even though individual tenants within a fast-food food court may be
required to obtain separate conditional use permits in order to obtain an
on-sale alcohol license. The total number of food serving establishments and
alcohol outlets in the BSC District shall be limited to seventy-six food
serving establishments,. The
total number of alcohol-serving establishments in the BSC District shall be
limited to fifty of which may have a Type 41 (On-Sale Beer and
Wine), or Type 47 (On-Sale General) alcohol license. No alcohol
outlets which are not also food serving establishments shall be allowed.
Additionally, the number of food serving establishments and alcohol outlets on
Block 4, Block 5 and Block 6 shall be limited as follows:
Block 4:
Food Serving Establishments: Eighteen, ten of which may have a Type 41
(On-Sale Beer and Wine) or Type 47 (On-Sale General) Alcohol License, and one
of which may be a fast-food food court, provided the fast-food food court is
located in the northern half of the block. Type 48 (On-Sale General for Public
Premise) . Alcohol Licenses: Ten None. Other
On-Sale Alcohol License Types: None.
Block 5:
Food Serving Establishments: Sixteen, ten of which may have a Type 41
(On-Sale Beer and Wine) or Type 47 (On-Sale General) Alcohol License, and one
of which may be a fast-food food court. Type 48
(On-Sale General for Public Premise) . Alcohol Licenses: Ten
None. Other On-Sale Alcohol License Types: None.
Block 6:
Food Serving Establishments: Eighteen, eleven of which may have a Type 41
(On-Sale Beer and Wine) or Type 47 (On-Sale General) Alcohol License, and one
of which may be a fast-food food court. Type 48 (On-Sale General for Public
Premise) . Alcohol Licenses: Eleven None. Other
On-Sale Alcohol License Types: None.
Bayside District Specific Plan
Policy 4.1.9:
The number of on-sale
alcohol outlets and food serving establishments in the Bayside District shall
be limited on a block by block basis in order to provide for a mix of
activities including retail and entertainment, and to prevent an over
concentration of food serving and alcohol outlets.
In order to enhance the pedestrian
environment and broaden the variety of food and services available in the
Bayside District, the Task Force recommended that the vending cart program be
expanded to appropriate sites on the Transit Mall and that the vending options
on the Promenade be expanded to include incidental food, goods and
services. The Task Force also
recommended that the leasing and management of vending carts in the downtown (Promenade,
Transit Mall and other downtown sites) be consolidated and simplified to
provide for a stronger overall vending cart strategy.
The Bayside District Leasing
Guidelines, most recently approved by Council in June 2003, provide priorities
for a broadened array of incidental food, goods and services in vending cart
offerings. The guidelines also
anticipate expansion of the vending cart program to include appropriate sites
along the Transit Mall and elsewhere in the downtown, subject to a City license
agreement. The following municipal code
modifications would expand the opportunities for vending carts and consolidate
the administration of vending cart leases.
Section
6.36.030 Exemptions.
The
provisions of this Chapter shall not apply to:
(a) Any
approved participant in any farmer’ s market;
(b) Any
approved participant in any cultural arts and crafts show (pursuant to Chapter
6.44);
(c) Any
vendor operating pursuant to or under the authority of an approved license
agreement on the Pier;
(d) Any
vendor operating pursuant to or under the authority of an approved license
agreement on the pedestrian mall established pursuant to Section 3.36.150 of
this Code;
(e) Any
approved participant in any special event authorized by the City;
(f) Any
individual vending newspapers, leaflets, pamphlets, bumper stickers or buttons;
(g) Any
individual or organization that vends the following items which have been
created, written, composed or otherwise produced by the vendor: books, cassette
tapes, compact discs, paintings, photographs or any other item that is
inherently communicative and has nominal utility apart from its communication.
Section
6.36.070 Special permit procedures for downtown vending.
Notwithstanding
any other provision of this Chapter, an application for a vendor permit for one
of the locations set forth in Section 6.36.090(a) shall be issued in accordance
with the following procedures:
(a) Within
thirty days of the effective date of this Chapter, the City shall publish a
notice that applications may be filed for vendor permits at the locations
described in Section 6.36.090(a). The notice will provide that the vendor
applications shall be due within thirty days of the date of the publication.
Commencing on February 1, 1992, and every two years thereafter, the City shall
publish notice that applications may be filed for vendor permits within thirty
days of the date of the publication.
(b) The
first vendor permits issued pursuant to this Section shall expire on June 30,
1992, unless earlier revoked pursuant to this Chapter. Subsequent permits shall
be valid for a period of two years commencing on July 1st.
(c) The
application shall indicate which one of the six locations set forth in Section
6.36.090(a) the application is being filed for by the applicant. No person
shall file an application for more than one location.
(d) In
order to file an application for the locations set forth in Section 6.36.090(a)(2)
and Section 6.36.090(a)(5), the applicant shall present proof that the
applicant is disabled within the meaning of any Federal or State law.
(e) In
connection with each location for which an application has been filed, the City
Clerk shall, within ten days of the close of the application period, place
cards bearing the name of each applicant in a container, randomly draw the
cards from the container, and create a list starting with the first applicant
whose name is drawn and followed by the name of each applicant subsequently
drawn. The applicant who is first on the list and meets the other standards for
issuance of a vendor permit set forth in this Chapter shall be issued a vendor
permit for the location for which the application has been filed.
(f) If
any vendor permit is revoked, a vendor permit shall be issued for the remaining
term of the permit to the next applicant on the list who meets the other
standards for issuance of a vendor permit set forth in this Chapter.
(g) No
application shall be accepted for any location set forth in Section 6.36.090(a)
except during the time periods set forth in subsection (a) of this Section.
However, if there are no applicants for a location, or no persons remaining on
the list selected pursuant to subsection (e), a vendor permit shall be issued
to the first person who applies for a permit for the location and meets the
standards for issuance of a vendor permit set forth in this Chapter. However,
in no event shall a permit be issued to any person who has already been issued
a vendor permit for another location pursuant to this Section.
(h) The
holder of a vendor permit whose permit is not renewed because the holder is not
selected in accordance with the procedures set forth in this Chapter shall not
be entitled to a hearing in accordance with Section 6.36.060 or any other
provision of this Code.
(i) The
applicant for a vendor permit whose application is denied because the applicant
is not selected in accordance with the procedures set forth in this Chapter
shall not be entitled to a hearing in accordance with Section 6.36.060 or any
other provision of this Code.
(j) A
vendor permit issued pursuant to this Section shall be revoked if the holder of
the permit does not vend for at least ten days in any month. (Prior code §
6287; added by Ord. No. 1495CCS, adopted 9/26/89)
Section
6.36.090 Vendor location sites.
No person
issued a vendor permit pursuant to this Chapter shall vend in any location in
the City except the following areas:
(a) Six
fixed locations for which no more than one vendor permit shall be issued for
each location:
(1) The
public sidewalk at the northwest corner of Fifth Street at Arizona Avenue.
(2) The
public sidewalk at the northeast corner of Sixth Street at Santa Monica
Boulevard.
(3) The
public sidewalk at the northwest corner of Fourth Street at Arizona Avenue.
(4) The
public sidewalk at the northeast corner of Fourth Street at Arizona Avenue.
(5) The
public sidewalk at the northwest corner of Fourth Street at Santa Monica
Boulevard.
(6) The
public sidewalk at the northwest corner of Fourth Street at Broadway.
(b) I in
connection with vending from vehicles, such as catering or ice cream trucks, on
any street designated in the vendor permit or on private property.
Density Bonuses, Fee Reductions, and Development
Review Thresholds
Two Task Force recommendations, density bonuses for
development with deed-restricted restaurant space and fee reduction incentives
for restaurants, independent retailers and community services, were deferred to
provide an opportunity to review the effects of other Task Force
recommendations. As recommended by the
Task Force, the development review thresholds are being addressed as part of
the Downtown Development Standards process, rather than being tied to
restaurant development.
PROGRAMMING, MANAGEMENT AND CAPITAL RECOMMENDATIONS
In addition
to the proposed legislative changes that are before the City Council for
consideration, the Task Force prepared a series of recommendations related to
programming, management and capital improvements that were reviewed by the
Council. Top priorities identified by
the Task Force and Council are summarized below for informational
purposes.
New Cinema Development
Movie theaters are essential to the success, vitality
and mixture of uses of the Bayside District.
However, Santa Monica’s cinemas are becoming outdated, particularly with
respect to current amenities such as stadium seating, and as a result, are in
danger of losing their market position in the next few years. Reduction of the theaters’ viability could
have serious repercussions for the Bayside District, especially District
restaurants. Recognizing that the
current cinema sites on the Promenade are too small to accommodate contemporary
theater design, the Task Force recommended that the City facilitate cinema
development through Development Agreements. Locating new theaters on other
downtown streets could help to enliven the entire District.
City and Bayside District staff is currently meeting
with operators of the cinemas to discuss the City’s openness to cinema
redevelopment to enhance the viability of the Downtown. Staff is also soliciting expert assistance
in exploring options to encourage the development of contemporary movies
theaters. Options may include combining
cinema development with the downtown parking structure reconstruction and
expansion program.
Expanded Bayside Services
PPS’ research shows that many successful urban
business improvements districts provide a more extensive array of services than
what is provided through the BDC. These
services include broader and more extensive programming and marketing,
supplemental cleaning services, and concierge services that support the total
visitor experience. Because increased
City financial support is not currently feasible, providing enhanced services
through BDC would likely require increased assessments, compounded by the assessment
proposed to support the Downtown Parking Strategy. Discussions of this issue among BDC staff, board and members are
ongoing.
Pedestrian and Ambient Lighting
The Task Force supported expansion of the pedestrian
and ambient lighting program in the alleys and streets of downtown. The City has received an MTA grant to pursue
streetscape improvements, including pedestrian lighting, on 2nd and
4th Streets. The project
could consider installing infrastructure to support ambient lighting. The design process is expected to commence
in within the next few weeks, with construction anticipated to begin in late
2005.
Public Restrooms
The majority of the Task Force members supported
efforts to provide new public restrooms on or immediately adjacent to the Promenade. City and Bayside staff continue to explore
options for public restrooms.
Alley Revitalization Demonstration Project
PPS recommended improvement of the alleys in order to
enhance the overall aesthetic quality of the District and provide additional
locations for dining, performance, independent retailers and other
activities. The Task Force recommended
that one alley segment be selected for a demonstration project that includes
capital upgrades and enhanced programming.
Given the state of the City budget, implementing capital upgrades in the
alleys immediately presents a challenge.
However, alley upgrades could be considered as part of the Downtown
Parking Structure program. In order to
maintain access for fire vehicles, programming within the alley rights-of-way
would be limited to easily portable items; tables and chairs for dining and
tents and canopies for special events would likely not be permitted. In addition, because the alleys do not have
sidewalks, measures that promote regular pedestrian traffic (such as retail or
restaurant uses fronting the alleys) when vehicles and trucks are in the alleys
could make the City vulnerable in the event of pedestrian injury. Finally, because deliveries and customer
pick-up now occurs during all times of the day, restricting vehicular access to
certain hours of each day could present logistical challenges for area
businesses.
BAYSIDE DISTRICT BOARD RECOMMENDATIONS
The Bayside District Board considered the proposed
legislative amendments at its meetings on January 22, 2004 and February 26,
2004. The Board voted to support the
proposed amendments, with a recommendation that the proposed CUP exemption not
only apply to Promenade restaurants, but to restaurants throughout the Bayside
District. This recommendation could be
implemented by including the entire BSC District in Section 2 of the proposed
ordinance (Attachment A).
Although not a
part of the legislative amendments before the Council, the Board also
recommended prioritization of the Programming, Management and Capital
recommendations as follows:
1. Enhanced
Pedestrian and Ambient Lighting
2. Expanded
Bayside Services
3. New Cinema
Development
4. Public
Restrooms.
PLANNING
COMMISSION RECOMMENDATION
The Planning
Commission conducted a public hearing and considered the proposed Zoning
Ordinance and Specific Plan amendments on April 14, 2004 and again on
May 19, 2004. Following public
testimony and discussion, the Planning Commission made the following
recommendations:
·
Signage allowances be made for restaurants at any level of a
Promenade-fronting restaurant; the relevant text recommended by the Planning
Commission been incorporated into the proposed ordinance (Attachment A);
·
Clarification of the applicability of findings when the frontage
of a proposed Promenade business exceeds 50 feet; the relevant text recommended
by the Planning Commission has been incorporated into the proposed;
·
Retention of the CUP requirements for alcohol-serving
restaurants proposed for the Promenade, while allowing these applications to be
placed on the Planning Commission consent calendar with a simplified staff
report. Striking Section 2 from the
proposed ordinance (Attachment A) would implement this recommendation; and
·
Although not a part of the legislative amendments before the
Council, the Planning Commission expressed its support for an alley
demonstration project in 2nd Court alley between Broadway and Santa
Monica Boulevard.
CEQA STATUS
The proposed ordinance
is exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines
in that CEQA only applies to projects having the potential to cause a
significant effect on the environment.
This ordinance does not have this potential as it does not change the
permitted uses in the subject district and does not change the development
standards or amount of development that can occur in the district.
CONCLUSION
The proposed amendments to the Zoning Ordinance,
Bayside District Specific Plan and Municipal Code, in concert with the
programming, management and capital recommendations of the Promenade Uses Task
Force, provide important tools for maintaining and enhancing the diversity and
vitality of the Third Street Promenade, Bayside District and the Downtown
Core. The proposed amendments are
consistent with the goals, objectives, policies and programs of the General
Plan and the Bayside District Specific Plan.
BUDGET / FINANCIAL IMPACT
Introduction and adoption of the proposed ordinance
and resolution may result in an incremental increase in permit, sales tax
revenues and license revenues if these measures are successful in promoting
additional food-related uses in the Bayside district. However, any increases are expected to be minimal individually
and cumulatively within a fiscal year.
RECOMMENDATION
Staff recommends that the City Council introduce for
first reading the ordinance amending the Zoning Ordinance and Municipal Code
and adopt a resolution amending the Bayside District Specific Plan, as
contained in Attachments A and B.
TEXT AMENDMENT FINDINGS
1.
The proposed amendment
is consistent in principle with the goals, objectives, policies, land uses and
programs specified in the adopted General Plan, specifically Land Use Element
Objective 1.3, which reinforces Downtown as the focus of the City, supporting
the greatest concentration of activity, in that the amendment supports the
creation and retention of restaurants as a key element in concentrating
activity in the Downtown; Land Use Element Policy 1.3.1, which encourages the
concentration of land uses and activities Downtown which create activity in
both the daytime and evening hours, in that the amendment supports the creation
and retention of restaurants which support activity during the daytime and
evening; Land Use Element Policy 1.3.2, which makes Downtown a primary location
for uses that encourage street activity after normal business hours, in that
the amendment supports the creation and retention of restaurants which provide
outdoor dining areas that enliven the streets during evening hours; and Land
Use Element Policy 1.4.1, which concentrates comparison retail use and
other complementary uses, such as restaurants, on or near the Third Street
Promenade, in that the amendment supports the creation and retention of
restaurants on the Third Street Promenade.
2.
The public health,
safety and general welfare require the adoption of the proposed amendment, in that
the amendment would provide for the continued diversity and vitality of the
Third Street Promenade, a primary retail, restaurant and entertainment
destination for Santa Monica residents, businesses, and visitors.
SPECIFIC PLAN AMENDMENT FINDINGS
The proposed amendment is consistent in principle with the goals,
objectives, policies, land uses and programs specified in the adopted General
Plan, specifically Land Use Element Objective 1.3, which reinforces Downtown as
the focus of the City, supporting the greatest concentration of activity, in
that the amendment supports the creation and retention of restaurants as a key
element in concentrating activity in the Downtown; Land Use Element Policy
1.3.1, which encourages the concentration of land uses and activities Downtown
which create activity in both the daytime and evening hours, in that the
amendment supports the creation and retention of restaurants which support
activity during the daytime and evening; Land Use Element Policy 1.3.2, which
makes Downtown a primary location for uses that encourage street activity after
normal business hours, in that the amendment supports the creation and
retention of restaurants which provide outdoor dining areas that enliven the
streets during evening hours; and Land Use Element Policy 1.4.1, which
concentrates comparison retail use and other complementary uses, such as
restaurants, on or near the Third Street Promenade, in that the amendment
supports the creation and retention of restaurants on the Third Street Promenade.
Prepared
by: Suzanne Frick, Director
Andy
Agle, Assistant Director
Jeff
Mathieu, Director
Elana
Buegoff, Senior Economic Development Analyst
Resource
Management Department
Attachments:
A.
Ordinance Amending the Municipal Code
B.
Resolution Adopting an Amendment to the Bayside
District Specific Plan