Item 10-B
Planning Commission Mtg: April 5, 2006
TO: The Honorable Planning
Commission
FROM: Planning Staff
SUBJECT: Resolution of Intention to consider Amending the Permitted Uses and
Performance Standards Sections in the Zoning Ordinance to allow the
administrative approval of sidewalk cafes up to 200 square feet without
requiring on-site parking in the following districts: Residential Visitor Commercial
(RVC), Broadway Commercial (BCD), Bayside Commercial District (BSC),
Neighborhood Commercial (C2), Downtown Commercial (C3), Downtown Overlay
(C3-C), Highway Commercial (C4), Boulevard Commercial (C6), Main Street
Commercial (CM), and Commercial Professional (CP). The Resolution Includes
Consideration of a New Santa Monica Municipal Code Section, 9.04.10.02.460 to
Establish Standard Conditions of Approval and an Entitlement Process to
Evaluate Sidewalk Café Requests as well as Amendments to SMMC Section
9.04.12.120 Related to Sidewalk Cafes and Performance Standards Permit
Requirements
The attached Resolution of Intention will authorize a public hearing to
consider amendments to the permitted uses and performance standards sections of
the RVC District and several other commercial districts to allow ancillary
sidewalk café uses without providing code required parking. The proposed amendments will create an
administrative process to evaluate applications, establish standard conditions
of approval, and ensure other related code sections are properly amended for
consistency with anticipated text changes. The specific code sections that would
be amended include: 9.04.08.12.020 and 9.04.08.12.030 (RVC), 9.04.08.14.020 and
9.04.08.14.030 (BCD), 9.04.08.15.020(2)
and 9.04.08.15.030(2) (BSCD), 9.04.08.16.020 and 9.04.08.16.030 (C2),
9.04.08.18.020 and 9.04.08.18.030 (C3), 9.04.08.20.020 and 9.04.08.20.030
(C3-C), 9.04.08.22.020 and 9.04.08.22.030 (C4), 9.04.08.26.020 and
9.04.08.26.030 (C6), 9.04.08.28.020 and 9.04.08.28.030 (CM), and sections
9.04.08.30.020 and 9.04.08.30.030 (CP) of the Zoning Ordinance. Additionally, a
new section would be adopted, 9.04.10.02.460, to establish standard conditions
and administrative procedures to review applications. SMMC Section 9.04.12.120
related to sidewalk cafes and performance standards permit requirements would
also be amended.
On February 11, 2003, the City Council directed staff to analyze and
develop standards for sidewalk dining in the public right-of-way. The City Council subsequently adopted Interim
Ordinance Number 2083 (CCS) on June 24, 2003 that permitted sidewalk dining up
to 200 square feet in area and waived the parking requirement subject to
administrative approval. The City
Council consequently extended this interim ordinance on July 8, 2003 and June
15, 2004 (Nos. 2088 and 2127, respectively), which will expire on August 6,
2006.
Staff
recommends that the Planning Commission approve the attached Resolution of
Intention.
Prepared
by: Amanda Schachter,
Planning Manager
Jonathan Lait, AICP, Principal Planner
Peter D. James, Assistant Planner
Planning and Community Development Department
Attachment: Planning Commission Resolution
of Intention
RESOLUTION NO. 06-005
(Planning Commission Series)
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF
WHEREAS, fluctuations to the regional economy over
the last several years significantly impacted the City’s business community;
and
WHEREAS, restaurants were especially hard hit by a
drop in tourism and discretionary spending occasioned by existing economic
conditions; and
WHEREAS, restaurants serve a critical role in the
vitality of the City’s commercial districts, provide an important source of tax
revenue, and are essential to the overall health of the local economy; and
WHEREAS, sidewalk dining can be an important
component of a restaurant’s operations since it provides dining opportunities
that take advantage of the City’s moderate climate and enhances the overall
ambiance of the City; and
WHEREAS, the City allows the establishment of
sidewalk dining in most commercial districts and the Residential Visitor
Commercial District subject to the administrative approval of a minor outdoor
dining permit; and
WHEREAS, Santa Monica Municipal Code Section
9.04.12.120 establishes the general zoning requirements that govern sidewalk
cafes. Specific design guidelines have
also been developed that govern the placement and operation of outdoor dining
uses along the Promenade, Transit Mall and
WHEREAS, on February 11, 2003 the City Council
directed staff to analyze and develop standards for sidewalk dining that would
increase the opportunities for outdoor dining; and
WHEREAS, there are two current restrictions that
impact the establishment of new sidewalk dining: the parking requirements that
must be met, and the need to obtain a Performance Standards Permit; and
WHEREAS, excluding the Bayside District, if a
restaurant expands into a sidewalk area, parking is required for the new
area. While this additional parking may
only consist of one or two new parking spaces, it is extremely difficult for
existing businesses to locate this additional parking or obtain a parking
variance.
WHEREAS, Requiring that a Performance Standards
Permit be obtained is unnecessary given the carefully crafted standards that
must be met; and
WHEREAS, in light of these concerns, the City Council
adopted Ordinance Number 2083 (CCS) on June 24, 2003 which allowed for
administrative approval of sidewalk cafes and waived the parking requirement
for sidewalk cafes 200 or less square feet in area. The City Council extended this interim
ordinance on July 8, 2003 through the adoption of Ordinance Number 2088
(CCS). The City Council extended this
interim ordinance on June 15, 2004 through the adoption of Ordinance number
2127 (CCS); and
WHEREAS, these interim standards served to promote
sidewalk dining and assist restaurants to survive; and
WHEREAS, since the adoption of these interim
ordinances, eleven outdoor dining permits have been granted. The interim measures have not led to a huge
increase in outdoor dining establishments and have not had a noticeable effect
on existing parking resources. However,
these requirements have likely enabled outdoor dining to occur in situations
that would not have been possible without the requirements; and
WHEREAS, sidewalk cafes still need to receive any
necessary approval from the City’s Environment and Public Works Management and
Resource Management departments; and
WHEREAS, the adoption of these interim standards has
been generally well received by the community and help foster a more pedestrian-oriented
atmosphere that has beneficial to local food serving establishments utilizing
these provisions
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY
OF
SECTION 1. Permitted Uses
Pursuant to Santa Monica Municipal Code Section 9.04.20.16.020(a)(1), the
Planning Commission does hereby give notice of its intention to consider
amending the City’s Zoning Ordinance contained in the following districts and
code sections, to permit sidewalk cafes up to 200 square feet in area through
an administrative process and subject to special conditions related to
operational standards, design criteria, parking, and other related requirements
that shall be set forth in a new section numbered 9.04.10.02.460; and amending SMMC 9.04.12.120
related to Performance Standards Permits considered to ensure consistency with
the proposed ordinance:
Residential Visitor
Commercial (RVC) District, Permitted use
section 9.04.08.12.020, and Uses subject to a Performance Standards section
9.04.08.12.030
Broadway Commercial
District (BCD) District, Permitted use
section 9.04.08.14.020, and Uses subject to Performance Standards section
9.0408.14.030
Neighborhood
Commercial (C2) District, Permitted use
section 9.04.08.16.020, and Uses subject to Performance Standards section
9.04.08.16.030
Downtown Commercial
(C3) District, Permitted use section
9.04.08.18.020, and Uses subject Performance Standards section 9.04.08.18.030
Downtown Overlay
(C3-C) District, Permitted use section 9.04.08.20.020,
and Uses subject to Performance Standards section 9.04.08.20.030
Highway Commercial
(C4) District, Permitted use section
9.04.08.22.020, and Uses subject to Performance Standards section
9.04.08.22.030
Boulevard Commercial
District (C6), Permitted use section
9.04.08.26.020, and Uses subject to Performance Standards section
9.04.08.26.030
Main Street
Commercial (CM) District, Permitted use
section 9.04.08.28.020, and Uses subject to Performance Standards section
9.04.08.28.030
Commercial Professional
(CP) District, Permitted use section
9.04.08.30.020, and Uses subject to Performances Standards section
9.04.08.30.030
SECTION 2. the Director of Planning and Community Development shall
certify to the adoption of this Resolution, and thenceforth and thereafter the
same shall be in full force and effect.
APPROVED AS TO FORM:
____________________________
MARSHA JONES MOUTRIE
City Attorney
Adopted and approved this 5th day of
April, 2006.
____________________________
Chairperson
I hereby
certify that the foregoing Resolution of Intention No. 06-005 was duly and
regularly introduced and approved at a meeting of the Planning Commission on
the 5th day of April 2006 by the following vote:
Ayes:
Noes:
Abstain:
Absent:
ATTEST:
__________________________________________
Planning and Community Development Director