RETAIL ENCROACHMENT STANDARDS AND SPECIAL EVENT APPROVALS ON PIER PLAZA

Recommendation:

1. That the City Council provide direction to staff concerning outdoor retail sales.
2. That staff be directed to develop a special promotional event process for Pier Plaza merchants.

Background:

The City Council, at its meeting of September 23, 1997, directed staff to gather any additional information concerning retail usage of public sidewalks, plazas, etc.. Staff has researched five other cities with similar downtown areas and has found that none allow outside retail displays on the public way on an ongoing basis. Special spaces have been created in some areas, for example, Santa Monica has some carts and kiosk-type structures in the right of way.

Virtually all of these cities allow sidewalk sale permits. As you know, our code presently provides for sidewalk sales. In addition, many of the cities allow for merchants to display merchandise during special events as we do.

It appears that the City Council has at least three options:

1. Do not provide for ongoing outside display or usage of the right-of-way by the retail shops on the Pier Plaza except for approved special events and sidewalk sales on a limited basis. No code change would be required for this option.
2. Allow for an ongoing program of display and usage of an area similar to what the food businesses now have. This option would require a change in our rules and amendment to our coastal approval.
3. Create a more limited "Porch Permit" for retail shops. This would allow each permitted shop to display merchandise on each side of the entrance to the shop. It is suggested that the area be limited to 5' x 5' on either side of the door. The retail shop would pay an encroachment fee of 50¢ per square foot and provide insurance. There are presently 12 retail shops on the Pier Plaza. If the City Council is interested in this option, staff should be directed to meet with the retail shops and work out any details and return to the City Council with a complete program for final review and approval.

Special Promotion Event Approvals

The second issue concerns Special Promotion Events for the merchants on Pier Plaza. It is proposed that special events be reviewed and approved by Community Resources. These special promotional events would include Grand Openings or special business events. The idea here would be to have a simple application to allow Pier Plaza businesses to use a portion of the plaza for a promotional event related to their businesses. For example, last summer Hennessey's had a luau on the plaza as part of the paddleboard event. These promotional events would be located in the general area of the business. If this is acceptable, staff should be directed to develop a policy and application and return at a future meeting for your review and approval.

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