City of Santa Monica
California

Staff Report
1901

Adoption of an Emergency Interim Ordinance to Authorize the Issuance of Additional Temporary Use Permits for Temporary Sidewalk Sales Undertaken in Conjunction with a City Public Street Event by Business Improvement Districts and Areas and by Businesses Located within a Seven Hundred Fifty Foot Radius of the City Event and Waiving the Filing Fee for Temporary Use Permits that Will Be Exercised During the City Public Street Event by These Entities

Information

Department:Development Services (PCD)Sponsors:
Category:07. Ordinances

Recommended Action

Recommended Action

 

Staff recommends that the City Council:

1)     Adopt the attached emergency interim ordinance authorizing the issuance of additional Temporary Use Permits for temporary sidewalk sales undertaken in conjunction with and contemporaneous with a City public street event by business improvement districts and areas and by businesses located within a 750-foot radius of the City event; and

2)     Waive the filing fee for Temporary Use Permits that will be exercised in conjunction with and contemporaneous with the City public street event by these entities.

Staff Report Body

Executive Summary

 

On June 5, 2016, the City will celebrate the arrival of the Expo Line Phase Two by undertaking a City-produced Open Streets event (called “Coast”) to celebrate mobility, culture, and sustainability. The City is working closely with local businesses and neighborhood and community partners who have expressed the desire to undertake activities such as sidewalk and food/beverage sales in conjunction with the event.

 

The City’s Zoning Ordinance authorizes Temporary Use Permits (TUPs) for sidewalk sales. However, businesses are limited to four such events, except sidewalk sales located on the public right of way are limited to two events within any 12-month period, and Business Improvement Districts are limited to two such events within any 12-month period. In establishing these numerical limitations, the City did not contemplate this type of City-produced Coast event and its opportunities for business participation. Certain Business Improvement Districts will already reach this numerical limitation based on sidewalk sales events that have already been undertaken or will be undertaken apart from this City event.

 

In order to minimize the impacts that this public Coast event will have on businesses located within or near the event and to enable these businesses to undertake activities in conjunction with the event, it is necessary for the Council to enact this emergency interim ordinance to expand the frequency that temporary use permits may be obtained for sidewalk sales when these additional sales are undertaken in conjunction with a City-produced public street event and to waive the filing fee for temporary use permits sought in conjunction with this event.

 

Background

On March 2, 2016, the City Council was presented with an information item regarding the planned festivities to mark the official opening of Expo Line Phase Two. In addition to supporting Metro’s ribbon cutting ceremony by hosting activities at each of the new Santa Monica stations on opening day, the City is also planning a series of community-oriented events to help welcome Expo to the City including a City-produced Open Streets (Coast) event on June 4, 2016. City Public Street Events are authorized pursuant to Administrative Instruction II-4-4 of the City’s Community Events Law.

 

The one-day Coast event will allow pedestrian and bicycle access to streets free of automobiles with activity hubs along the route and will extend approximate 2.5 miles encompassing portions of Main Street, Colorado Avenue, and Ocean Avenue. The event will focus on sustainable mobility, celebrate the arrival of Expo, and capitalize on the completion of the Colorado Esplanade while weaving art, culture, and environmental learning opportunities throughout.

 

The City is working closely with local businesses and neighborhood and community partners to ensure favorable and mutually beneficial outcomes from the Coast event. Businesses located along and close to the Coast event depend on street access and accessibility to public parking for their employees and customers, and businesses located on the streets encompassed within this event or within close proximity to the event have both expressed concern about the impact the event will have on their businesses given the significant reduction in automobile traffic that will be allowed and the fact that certain streets and public parking lots in the area will become wholly inaccessible to vehicles. These businesses have also expressed the desire to undertake activities such as sidewalk and food/beverage sales in conjunction with the event.

 

Discussion

The City’s Zoning Ordinance authorizes Temporary Use Permits for sidewalk sales.  However, pursuant to Santa Monica Municipal Code (SMMC) Section 9.31.370(B)(2)(d), businesses are limited to four such events within any 12-month period, except sidewalk sales located on the public right of way are limited to two events within any 12-month period. The Zoning Ordinance also authorizes Business Improvements Districts and Areas to undertake a maximum of two sidewalk sales located on the public right of way within any 12-month period. In establishing these numerical limitations, the City did not contemplate this type of City-produced Coast event and its associated impacts and opportunities for business participation. Certain Business Improvements Districts will already reach this numerical limitation based on sidewalk sales events that have already been undertaken or will be undertaken apart from this City event. The City’s Zoning Ordinance also authorizes TUPs for fairs or festivals or similar compatible temporary uses.

 

In order to minimize the impacts that this Coast event will have on businesses located within or near the event and to enable these businesses to undertake activities in conjunction with the event, it is necessary for the Council to enact this emergency interim ordinance to expand the frequency that TUPs may be obtained for sidewalk sales when these additional sales are undertaken in conjunction with a City-produced public street event and to waive the filing fee for TUPs sought in conjunction with this event. The current filing fee for a TUP application is $1,395.00. These Council actions could not have been undertaken at an earlier time because the process of planning for this Coast event and defining its parameters and potential impacts had not been completed.

 

As proposed in the Interim Ordinance, the issuance of a TUP for a sidewalk sale by a Business Improvement District or Area that is geographically located, in whole or in part, within the parameters of a City Public Street Event authorized pursuant to Administrative Instruction II-4-4 of the City’s Community Events Law or by any business not within business improvement districts and areas but located within a 750 foot radius of the City Public Street Event and that will be exercised contemporaneous with and in conjunction with the City Public Street Event would not count towards the TUP numerical limitation established in SMMC Section 9.31.370(B)(2)(d). In addition, no filing fee would be required for any TUP sought by a Business Improvement District or Area that is geographically located within the parameters of a City Public Street Event authorized pursuant to Administrative Instruction II-4-4 or by any business not within business improvement districts and areas but located within a 750 foot radius of the City Public Street Event and that will be exercised contemporaneous with and in conjunction with the City Public Street Event. This Emergency Interim Ordinance will be immediately effectively and shall be of no further force or effect sixty days after its adoption, unless prior to that date, after a public hearing, noticed pursuant to Santa Monica Municipal Code Section 9.37.050, the City Council, by majority vote, extends this interim ordinance

 

Adoption of the Emergency Interim Ordinance would minimize any potential adverse impacts to businesses created by the Coast event and allow for increased community and business participation in this unique, one-day event.

 

Environmental Analysis

The proposed interim ordinance is categorically exempt from the provisions of California Environmental Quality Act (CEQA) pursuant to 15061(b)(3) of the State Implementation Guidelines (common sense exemption). Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed interim ordinance may have a significant effect on the environment. The recommended interim ordinance represents a minor and temporary change and does not substantively alter the standards and regulations within the Zoning Ordinance. Therefore, no further environmental review under CEQA is required.

 


Financial Impacts and Budget Actions

There is no immediate financial impact or budget action necessary as a result of the recommended action.

Meeting History

Apr 26, 2016 5:30 PM  City Council Regular Meeting
draft Draft