NOTICE: In accordance with Title 17 U.S.C. Section 107, this material
is distributed without profit to those who have expressed a prior
interest in receiving the included information for research and
educational purposes.

2004

By Geneva Whitmarsh, Santa Monica Daily Press.

October 1st, 2004

A unanimous move by elected officials here this week might discourage high-profile chain stores from setting up shop on the Third Street Promenade. The City Council voted Tuesday in favor of limiting the frontage of any new or expanding retail stores to 50 linear feet, and setting up a process to allow larger frontages for such uses as bowling alleys, skating rinks and convention and conference facilities.

The law, which was previously in effect as an interim ordinance, essentially discourages chain stores, which typically demand large spaces and a lot of window space. And while many feel chain stores have led to the homogenization of the Promenade, others contend that they are driving its success. Council members have said in the past that their concern relates to stores whose frontages are too large for the Promenade and therefore alter the visual character of the street. The larger businesses also cut down on available space and limit the number of stores available to shoppers.

“I think the health of the Promenade and — by extension — the health of the downtown is a function of having a healthy mix of businesses,” said City Councilman Mike Feinstein. “The ongoing consolidation of smaller spaces into larger ones ... is a threat to the diversity and uniqueness that helps make the Promenade a draw.”

City Councilman Ken Genser said the law is “intended to discourage large national chains that need a lot of frontage.” The original Third Street Mall was primarily a pedestrian retail mall whose failure to attract residents and visitors threatened the viability of the downtown area. In response, city officials embarked upon an extensive planning and community participation process which culminated in the adoption of the “Third Street Mall Specific Plan,” now called the “Bayside District Specific Plan.”

The plan was adopted by the City Council in January 1996, and members have since regulated stores, entertainment venues and restaurants. In its early days, city officials feared that too many restaurants and not enough retails shops threatened the viability of the outdoor mall. Movie theaters were brought in and regulations were put into place that favored more retail.

Now, just the opposite has occurred — some feel there are too many chain stores, and not enough independently owned retail shops and restaurants. Information presented to the City Council in November 2001 showed that the mix of uses was at risk, according to city documents. At the time, five restaurants had been lost in the two years prior, with four more near or at the end of their leases. As restaurants left the Promenade, retail uses grew.

The growth of retail already has exceeded the 10-year projection contained in the Bayside District Specific Plan. “Concern has been expressed that the Promenade is becoming less unique and more like a typical shopping mall,” the documents read. “If allowed to continue, this trend will threaten the unique character and economic and social welfare of the downtown area.”

In response, on Nov. 27, 2001, the City Council adopted an interim ordinance regulating the concentration of ground floor retail uses on the Promenade by limiting the total linear footage and square footage of retail on each block. The City issues and make recommendations to the City Council regarding what’s appropriate on the Promenade. The task force included three council members, one Planning Commissioner, two Bayside District Corp. board members and one property owner. Officials from Bayside District Corp., a nonprofit organization that runs downtown, have routinely said they want city leaders to focus on vagrancy and parking downtown, and leave alone the mix of large and small merchants on the thriving thoroughfare. The contentious matter has been batted back and forth for more than seven years.

Earlier this year, the City Council considered creating a law that could specifically limit chain stores on the Promenade, a notion that outraged local property owners. Since at least 1997, Bayside has discussed how to address the balance of stores on the Promenade. Though it was against limiting chain stores outright, Bayside last year supported the initial law that limits storefront lengths. “The 50-feet (rule) doesn’t regulate the uniqueness (of the stores), just the size,” said Andy Agle, assistant director of planning and community development for the city. “It doesn’t say anything about chain stores, but what you’ll hear is that formula retailers look for larger spaces. “This is one the council wanted to move forward with immediately,” he continued. “This is something that will hopefully keep a sense of variety and uniqueness (on the Promenade).”