City Council Meeting 2-14-06
ORDINANCE NUMBER (CCS)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 9.04.08.15.020 AND
9.04.08.15.040 AND ADDING SECTION 9.04.08.15.085 TO THE MUNICIPAL CODE TO
ESTABLISH A DISCRETIONARY REVIEW PROCESS TO REGULATE THE CONVERSION OF ANY
PORTION OF A RESTAURANT USE OR ANY ASSOCIATED RECREATIONAL OR ENTERTAINMENT USE
TO A NEW OR EXPANDED RETAIL USE LOCATED ON THE GROUND FLOOR LEVEL ADJACENT TO THE
THIRD STREET PROMENADE
WHEREAS, in 1965,
the City Council sought to revitalize its declining downtown business district
by closing three blocks of Third Street to vehicular traffic in order to create
a pedestrian shopping mall pursuant to the Pedestrian Mall Act; and
WHEREAS, the Third
Street Mall did not attract shoppers; and, as a result, retail businesses on
the mall failed, and the downtown business district continued to decline; and
WHEREAS, in 1986,
the City Council again acted to save its downtown by adopting the Third Street
Mall Specific Plan to provide a framework for reviving the Third Street Mall
and surrounding areas; and
WHEREAS, the
Specific Plan made diversity the foundation of the mall’s future, mandating a
mixture of uses and activities sufficient to ensure that the mall would attract
a diverse group of residents and visitors; and
WHEREAS,
thereafter, the City embarked upon a substantial effort to transform the
moribund Third Street Mall into a new kind of public space which would serve as
a community gathering place, attract visitors from near and far and define the
City’s municipal character; and
WHEREAS, the
redesign included numerous improvements to the pedestrian street: retail
pavilions, landscaping, water elements, public benches, street lamps, and
topiary dinosaur sculptures in the central landscaped area of each block and
the area was also renamed the Third Street Promenade; and
WHEREAS, this
space was, from the time of its conception, distinguished from other shopping
areas, by the carefully planned and unusual mix of opportunities it afforded,
including street performers, sidewalk
dining, cinema, bookstores, special events, clothing stores, specialty
shops, and night clubs; and
WHEREAS, as
conceived, the Third Street Promenade was not simply a shopping mall; it was a
place to go for entertainment, company, relaxation, strolling; a place where
one could watch jugglers and dancers,
dine outdoors, argue politics, listen to music, browse a bookshop, take in a
movie and more; and
WHEREAS, moreover,
the Third Street Promenade was planned as a gathering place for all segments of
society: children, the elderly, and people from all cultural and economic
groups; and
WHEREAS, the plan
succeeded, and the Third Street Promenade became a resounding success as a
favored destination for local residents,
WHEREAS, as such,
it became, and still is, an engine which drives
WHEREAS, the
influx of visitors to the Third Street Promenade has brought significant
traffic and parking problems; and
WHEREAS, at
present, these problems are being addressed by a downtown parking strategy;
however, the problem is significant and the options are limited because the
area is very small, has been built out for decades and features a mixture of
uses, including residential, which is inconsistent with simply building larger
and larger parking structures; and
WHEREAS,
maintaining the delicate balance of entertainment, restaurants and retail,
which is the foundation of the Third Street Promenade’s success, has been an
ongoing challenge; and
WHEREAS, over the
years, market forces have threatened the mix many times; and the City has
responded to preserve the Third Street Promenade’s unique character through the
adoption of laws and polices which promote the general welfare by maintaining
the Promenade’s eclectic character; and
WHEREAS, in 1996,
the City revised the Third Street Mall Specific Plan through the adoption of
the Bayside District Specific Plan, a critical objective of which remained to
attract and accommodate a mix of uses serving residents, visitors and tourists
during both daytime and evening hours; and
WHEREAS, to this
end, the specific plan established a ten-year projection and plan for the
controlled growth of retail outlets on the Third Street Promenade; and
WHEREAS, the
actual growth of retail far outstripped the planned growth to the point that
the ten year projection was already met just five years into the planning
period; and
WHEREAS, as of
2001, there was already approximately 530,000 square feet of retail on the
three block Third Street Promenade and the pressure to create more retail
spaces continued unabated; and
WHEREAS, the
massive influx of retail establishments displaced restaurants and sidewalk
dining; and
WHEREAS, five
restaurants were lost in the two years prior to the adoption of the initial
interim ordinance and four more were near or at the end of their leases; frontage
devoted to sidewalk dining shrunk; and
WHEREAS, as
reflected by these changes, the balance of uses on the Third Street Promenade
was once again threatened; this time by a loss of restaurants and influx of
additional retail; and
WHEREAS, if left
unchecked, this trend will deprive the Third Street Promenade of its unique
character and vitality by rendering it simply a standard shopping mall; and
WHEREAS, the
influx of retail not only impacted the mix of establishment located on the
Third Street Promenade, it also exacerbated parking and traffic problems; and
WHEREAS, residents
and visitors come to the Third Street Promenade for dining and entertainment,
typically for many hours; in contrast, persons who are simply shopping, stay
for shorter periods of time, resulting in more people making more trips and
thereby placing ever-increasing demands on the downtown’s already
overtaxed traffic and parking
capacities; and
WHEREAS, these
increased demands degrade the quality of residents’ lives and the desirability of
the Third Street Promenade and the City as destinations and thereby threaten
the City’s welfare; and
WHEREAS, in order
to preserve the City’s economic and social welfare, the City Council must act
in order to protect the unique qualities and vitality of the Third Street
Promenade by ensuring the best possible mix of restaurants, retail and
entertainment; and
WHEREAS, in
general, the City must ensure the best possible mix of restaurants, retail and
entertainment so that the Promenade remains unusual and attractive and does not
become simply an average shopping mall through the continued expansion of
retail at the expense of other uses; and
WHEREAS,
similarly, the City must preserve the outdoor dining opportunities which have
become one of the hallmarks of the Promenade; and
WHEREAS, exactly
how best to accomplish this end is a complex question which required detailed
study, including a review of the specific plan; and
WHEREAS, in light
of these concerns, the City Council adopted Ordinance Number 2030 (CCS) on
November 27, 2001, a forty-five day ordinance which established a moratorium on
new or expanded ground floor retail use on the Third Street Promenade, adopted
Ordinance Number 2032 (CCS) which extended Ordinance Number 2030 (CCS) until
January 9, 2003, adopted Ordinance Number 2062 (CCS) which extended Ordinance
Number 2030 (CCS) until September 9, 2003, adopted Ordinance Number 2082 (CCS)
which extended Ordinance Number 2030 (CCS) until September 9, 2005, and adopted
Ordinance Number 2162 (CCS) which extended Ordinance Number 2030 (CCS) until
March 26, 2006; and
WHEREAS, after
adoption of Ordinance Number 2030 (CCS), the City Council established a
Promenade Uses Task Force to study the Promenade issues described herein, to
seek feedback and input from the community, and to make recommendations to the
City Council regarding the appropriate
mix of uses on the Promenade; and
WHEREAS, the Task
Force met regularly between May 2002 and March 2003, considering goals and
objectives for the Promenade and the Downtown, reviewing relevant City policies
and regulations, and conducting community workshops; and
WHEREAS, the Task
Force subsequently prepared a series of recommendations for review by the City
Council; and
WHEREAS, in March,
2005, the City Council adopted an ordinance implementing the legislative
changes for restaurants recommended by the Task Force; and
WHEREAS, at the
time of the ordinance’s adoption, it was not clear how these legislative
changes and other implementation measures would affect the viability of
restaurants on the Promenade; and
WHEREAS, due to
this uncertainty, the City Council retained the interim standards; and
WHEREAS, for the
reasons described above, the City’s Comprehensive Land Use and Zoning Ordinance
should be revised to accommodate restrictions on the expansion or establishment
of new ground floor retail uses on the Third Street Promenade to ensure and
maintain the district’s unique mix of uses; and
WHEREAS, the
Planning Commission conducted public hearings and considered the proposed
amendment on December 14, 2005 and January 4, 2006; and
WHEREAS, the City
Council held a public hearing on the proposed text amendment on January 24,
2006; and
WHEREAS, the
proposed Zoning Ordinance text 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 states that
the City’s land use policies should seek to “reinforce Downtown as the focus of
the City, supporting the greatest concentration of activity; and
WHEREAS, the
proposed amendment would limit the amount of retail uses on the Third Street
Promenade and allow for the preservation of dining opportunities to ensure the
unique mix of restaurants, retail, and entertainment, maintaining focus and
concentration of activity on the Promenade and Downtown area; and
WHEREAS, the
proposed Zoning Ordinance text amendment is also consistent with Land Use
Element Objective 1.4, which states that the City’s land use policies should
seek to “encourage revitalization of the Third Street Mall, recognizing the
important role the Third Street Mall can play in making Downtown the activity
focus of the City;” and
WHEREAS, the
proposed amendment would limit the expansion of retail uses at the expense of
restaurant uses and would encourage and maintain the viability of the Promenade
and Downtown area by preserving the character and unique mixture of uses, a key
element to the success of the Promenade; and
WHEREAS, the
public health, safety, and general welfare the adoption of the proposed
amendment in that the amendment would help preserve the City’s economic and
social welfare, protect the unique qualities and vitality of the Third Street
Promenade by ensuring the best possible mix of restaurants, retail, and
entertainment, and maintain the quality of residents’ lives and the
desirability of the Promenade and the City as a destination,
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF
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 9.04.13.060 if its Third Street Promenade first-floor frontage exceeds fifty feet, and that the conversion of any portion of a restaurant use or any associated recreational or entertainment use to a new or expanded retail use located on the ground floor level adjacent to the Third Street Promenade shall obtain a conditional use permit pursuant to Section 9.04.08.15.085. 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, subject to the limitations contained in Section 9.04.08.15.085.
(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.
(2) The following uses shall be permitted in the BSC-2, BSC-3 and BSC-4 portions of the BSC District. All uses shall be conducted within an enclosed building, except where otherwise specified:
(a) Art galleries.
(b) Artist studios above the first floor.
(c) Appliance repair shops.
(d) Bakeries.
(e) Banks and savings and loan institutions.
(f) Barber or beauty shops.
(g) Business colleges.
(h) Child day care centers.
(i) Cleaners.
(j) Congregate housing.
(k) Cultural facilities.
(l) Dance studios.
(m) Domestic violence shelters.
(n) Exercise facilities.
(o) General offices above the first floor and in the rear seventy-five feet of a parcel.
(p) General retail.
(q) Homeless shelters with less than fifty-five beds.
(r) Laundromats.
(s) Medical, dental and optometrist clinics and laboratories above the first floor and in the rear fifty feet of a parcel.
(t) Multi-family dwelling units.
(u) Museums.
(v) Outdoor newsstands.
(w) Pawnbrokers.
(x) Party equipment rentals.
(y) Photocopy shops.
(z) Places of worship.
(aa) Restaurants, subject to the limitations contained in Section 9.04.08.15.080.
(bb) Senior group housing.
(cc) Senior housing.
(dd) Single-room occupancy housing.
(ee) Tailors.
(ff) Theaters.
(gg) Trade schools.
(hh) Transitional housing.
(ii) 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.
(jj) 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. 9.04.08.15.020
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 feet shall obtain a use permit pursuant to Section 9.04.13.060, and the conversion of any portion of a restaurant use or any associated recreational or entertainment use to a new or expanded retail use located on the ground floor level adjacent to the Third Street Promenade shall obtain a conditional use permit pursuant to Section 9.04.08.15.085:
(A) Bars, subject to the limitations contained in Section 9.04.08.15.080;
(B) Billiard parlors;
(C) 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.
(2) The following uses may be permitted in the BSC-2, BSC-3 and BSC-4 portions of the BSC District, subject to the approval of a conditional use permit:
(A) Automobile parking lots and structures;
(B) Bars, subject to the limitations contained in Section 9.04.08.15.080;
(C) Billiard parlors;
(D) Bowling alleys;
(E) Cinemas;
(F) Clubs and lodges;
(G) Convention and conference facilities;
(H) General offices uses on the ground floor in that portion of a parcel between twenty-five feet and seventy-five feet from the front parcel line;
(I) Homeless shelters with fifty-five beds or more;
(J) Hotels and motels;
(K) Nightclubs, subject to the limitations contained in Section 9.04.08.15.080;
(L) Open-air farmers markets;
(M) Skating rinks.
(3) In addition to those uses specified in subsection (2) of this Section, the following uses may be permitted in the BSC-3 portion of the BSC District subject to the approval of a conditional use permit:
Expansion or intensification of automobile repair facilities existing as of July 8, 1997 provided such property is physically improved to comply with the Bayside District special project design and development standards set forth in Section 9.04.08.15.070 and the special conditions for auto repair facilities set forth in Section 9.04.14.050.
Section
9.04.08.15.085. Conversion of any
portion of a restaurant use or any associated recreational or entertainment use
to a new or expanded retail use located on the ground floor level adjacent to
the
In the BSC-1 portion of the BSC District, the conversion of any portion of a restaurant use or any associated recreational or entertainment use to a new or expanded retail use located on the ground floor level adjacent to the Third Street Promenade shall require a conditional use permit subject to the following requirements:
(a) All standards, required findings, and conditions for conditional use permits pursuant to Santa Monica Municipal Code Part 9.04.20.12 shall apply.
(b) The additional finding of fact shall be made: the proposed use would preserve the unique mixture of restaurants, retail and entertainment on the Third Street Promenade and maintain the vitality and diversity of the Promenade and the Bayside District.
(c) The provisions
of this Section shall apply to all restaurant uses located on the ground floor
level adjacent to the Third Street Promenade.
However, the conversion of the rear portion of a ground floor restaurant
to a retail use shall not require a conditional use permit provided that the
retail area is located within the rear 75 feet of the property and access to
the retail area is taken from an alley.
APPROVED
AS TO FORM:
_________________________
MARSHA
JONES MOUTRIE
City Attorney