City Council Meeting 3-25-08
ORDINANCE NUMBER (CCS)
(City Council Series)
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.04.10.02.340 TO AUTHORIZE THE PLACEMENT OF FURNITURE, PORTABLE LANDSCAPING, AND CIGARETTE DISPOSAL RECEPTACLES WITHIN THE PUBLIC RIGHT-OF-WAY AND THE DISPLAY OF MERCHANDISE IN PRIVATE VESTIBULES
WHEREAS, the City
of
WHEREAS, the City
is also committed to maintaining the inviting pedestrian orientation of its
commercial streets; and
WHEREAS, the economic
downturn earlier this decade adversely impacted the City’s business community
and many businesses, including restaurants, were especially hard hit by the
drop in tourism and discretionary spending occasioned by these economic
conditions; and
WHEREAS, 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; and
WHEREAS, these
amenities also enhance the streetscape and enliven the pedestrian experience;
and
WHEREAS, the
private sidewalk frontage adjacent to many businesses is insufficient to
accommodate these amenities; and
WHEREAS, 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 and staff returned with a proposed ordinance as directed;
and
WHEREAS, the City
Council found and declared that the public health, safety and general welfare
required 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; and
WHEREAS, the City
Council also found that 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; and
WHEREAS, pending
completion of these permanent revisions, in order to protect the public health,
safety, and welfare, it was 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; and
WHEREAS, these
interim standards served to assist restaurants and other retail establishments
to survive during this difficult economic period; and
WHEREAS, 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,
extended Ordinance Number 2101 (CCS) on January 27, 2004 through the adoption
of Ordinance Number 2112 (CCS) on January 25, 2005 through the adoption of
Ordinance Number 2147 (CCS), and on July 25, 2006 through the adoption of
Ordinance Number 2201 (CCS); and
WHEREAS, Ordinance
Number 2201 (CCS) will be of no further force and effect after April 29, 2008; and
WHEREAS, the proposed
amendment is consistent in principle with several of the goals, objectives and
policies of the General Plan in that the amendment is consistent with Land Use
Element Objective 3.3 which requires the enhancement of the pedestrian scale
and character of streets and public spaces and Policy 3.4.2 which states the
City is to establish guidelines for the improvement of public the streetscape
including paving, lighting, street furniture, public signage, and art; and
WHEREAS, the
public health, safety and general welfare requires the adoption of the
provisions to make local businesses more attractive to potential patrons
through the enhancement of the streetscape, thereby improving the overall
health of the local economy,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
9.04.10.02.340
Permitted outdoor uses.
The following uses, if identified as a permitted use in the district, shall be permitted outside of an enclosed building provided they are entirely on private property, or on public property when otherwise permitted by this Code:
(a) Drive-in and drive-through restaurants.
(b) Patio tables, chairs, umbrellas, and similar outdoor accessories used in connection with a restaurant.
(c) Vending machines, including weighing scales, when accessory to a business conducted within a building.
(d) Border materials, flower pots, trellises and the like, provided they are accessory to a retail plant nursery and do not exceed fifteen percent of the inventory of the nursery business.
(e) Automobile dealership display and storage lots.
(f) Outdoor vending or display when otherwise permitted by this Code.
(g) Outdoor newsstands when otherwise permitted by this Code.
(h) The following additional uses shall be permitted outside of an enclosed building on a public sidewalk:
(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
(3) Seating, portable landscape, and cigarette disposal receptacles may only be placed on a public sidewalk pursuant to this subsection (h)(1) or (h)(2) if either a license agreement is obtained 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 is issued in accordance with the following standards:
(A) Seating must be regularly cleaned, maintained in good condition, and not exceed 24 inches in depth or 36 inches in height.
(B) 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.
(C) Cigarette refuse receptacles must comply with City design standards, be regularly cleaned, and be maintained in good condition.
(D) 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.
(E) All items placed on the public sidewalk must be removed when the business establishment is closed.
(F) The business establishment must assume all liability associated with the placement of these items on the public sidewalk.
(G) The business establishment must pay the reasonable processing costs for the sidewalk use permit.
(i) In the CM District or the C2 District, 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. However, garment racks shall be prohibited.
(j) Fees for license agreements and use permits shall be established by resolution of the City Council.
_________________________
MARSHA
JONES MOUTRIE
City
Attorney