O1690
CA:MHS:news1\hpa\pc
City Council Meeting 7-13-93
Santa Monica, California
ORDINANCE NUMBER ~O(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
AMENDING THE SANTA MONICA ZONING ORDINANCE TO
PERMIT OUTDOOR NEWSSTANDS IN CERTAIN DISTRICTS;
ESTABLISHING DEVELOPMENT STANDARDS
FOR OUTDOOR NEWSSTANDS; AND CREATING
A USE PERMIT PROCEDURE
WHEREAS, on February 3, 1993, the Planning Commission
adopted a Resolution of Intention announcing its intention to
recommend that the city council amend the zoning Ordinance to
revise development standards to allow outdoor newsstands in
certain commercial districts; and
WHEREAS, on April 7, 1993, the Planning Commission held a
public hearing on the proposed revisions to the Zoning Ordinance,
and recommended to the city Council that such amendments be
adopted; and
WHEREAS, the City Council held a public hearing on the
proposed Zoning Ordinance amendments and finds and declares that
the proposed amendments are consistent in principle with the
goals, objectives, policies, land uses, and programs specified in
the adopted General Plan, in that the amendments enhance the
pedestrian character and scale of public spaces, and maximize
ground-floor pedestrian amenities to allow vendors by permit
where appropriate; and
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WHEREAS, the City council finds and declares that the
public health, safety, and general welfare require the adoption
of the proposed Zoning Ordinance amendments, in that the
amendments allow expanded opportunities to enhance the pedestrian
scale and character of public spaces in Santa Monica;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 9.04.08.12.035 is added to the Santa
Monica Municipal Code to read as follows:
9.04.08.12.035 Uses Subject to a Use Permit.
(a) Outdoor newsstands.
SECTION 2. Section 9.04.08.14.035 lS added to the Santa
Monica Municipal Code to read as follow:
9.04.08.14.035 Uses Subject to a Use Permit.
(a) Outdoor newsstands.
SECTION 3.
section 9.04.08.16.035 is added to the Santa
Monica Municipal Code to read as follow:
9.04.08.16.035 Uses sUbject to a Use Permit.
(a) Outdoor newsstands.
SECTION 4. Santa Monica Municipal Code section
9.04.08.18.020 is amended to read as follows:
9.04.08.18.020 Permitted Uses.
The following convenlence goods and service type uses shall
be permitted in the C3 District, if conducted within an enclosed
building, (except where otherwise permitted):
(a) Art galleries.
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(b)
(c)
( d)
( e)
(f)
( g)
(h)
(i)
(j)
(k)
( l)
(m)
(n)
(0)
(p)
(q)
(55) beds.
(r)
(s)
(t)
laboratories.
(u)
(v)
(w)
(x)
(y)
( z )
(aa)
Artist studios above the first floor.
Auditoriums.
Bakeries.
Banks and savings and loan institutions.
Barber or beauty shops.
Business colleges.
Cleaners.
Child day care centers.
Congregate housing.
Dance studios.
Domestic violence shelters.
Electric distribution substations.
Exercise facilities.
General offices.
General retail and specialized retail uses.
Homeless shelters with less than fifty-five
Hotels and motels
Laundromats.
Medical, dental and optometrist clinics and
Medical equipment rentals.
MUlti-family dwelling units.
Museums.
Outdoor newsstands.
Party equipment rentals.
Photocopy shops.
Places of worship.
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(bb) Restaurants.
(cc) Senior group housing.
(dd) Senior housing.
(ee) Single family dwelling units.
(ff) Single room occupancy housing.
(gg) Tailors.
(hh) Theaters.
(ii) Trade schools.
(jj) Transitional housing.
(kk) Variety stores.
(ll) Accessory uses which are determined by the
Zoning Administrator to be necessary and customarily associated
with and appropriate, incidental, and subordinate to, the
principal permitted uses and which are consistent and not more
disturbing or disruptive than permitted uses.
(mm) other uses determined by the Zoning
Administrator to be similar to those listed above and which are
consistent and not more disturbing or disruptive than permitted
uses.
SECTION 4. Santa Monica Municipal
9.04.08.20.020 is amended to read as follows:
Code
Section
9.04.08.20.020. Permitted Uses.
The fOllowing convenience goods and service type uses shall
be permitted in the c-3C District, if conducted within an
enclosed building, (except where otherwise permitted):
(a) Art Galleries.
(b) Artist studios above the first floor.
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(c) Appliance repair shops.
(d) Bakeries.
(e) Banks and savings and loan institutions.
(f) Barber or beauty shops.
(g) Business colleges.
(h) Child day care centers.
(i) Cleaners.
(j) Congregate housing.
(k) Cultural facilities.
(l) Dance studios.
(m) Domestic violence shelters.
(n) Electric distribution substations.
(0) Exercise facilities.
(p) General offices above the first floor and first
floor offices not at the street frontage.
(q) General Retail.
(r) Health equipment rentals.
(s) Homeless shelters with less than fifty-five
(55) beds.
(t) Exercise Facilities.
(u) Laundromats.
(v) Medical, dental and optometrist clinics and
laboratories.
(w) Multi-family dwelling units.
(x) Museums.
(y) Outdoor newsstands.
(z) Party equipment rentals.
(aa) Photocopy shops.
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(bb) Places of worship.
(cc) Restaurants.
(dd) Senior group housing.
(ee) senior housing.
(ff) Single family dwelling units.
(gg) single room occupancy housing.
(hh) Small appliance stores.
(ii) Tailors
(jj) Theaters.
(kk) Trade Schools.
(II) Transitional housing.
(mm) Variety stores.
(nn) Accessory uses which are determined by the
Zoning Administrator to be necessary and customarily associated
with, and appropriate, incidental, and subordinate to, the
principal permitted uses and which are consistent and not more
disturbing or disruptive than permitted uses.
(00) other uses determined by the Zoning
Administrator to be similar to those listed above and which are
consistent and not more disturbing or disruptive than permitted
uses.
SECTION 6. section 9.04.08.22.035 is added to the Santa
Monica Municipal Code to read as follow:
9.04.08.22.035 Uses Subject to a Use Permit.
(a) outdoor newsstands.
SECTION 7. section 9.04.08.26.035 is added to the Santa
Monica Municipal Code to read as follow:
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9.04.08.26.035 Uses Subject to a Use Permit.
(a) outdoor newsstands.
SECTION 8. Section 9.04.08.28.035 is added to the Santa
Monica Municipal Code to read as follow:
9.04.08.28.035 Uses Subject to a Use Permit.
(a) outdoor newsstands.
SECTION 9. Santa Monica Municipal
9.04.10.02.340 is amended to read as follows:
Code
Section
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 15 % 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 vlhen otherwise permitted by this
Code.
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SECTION 9. Subchapter 9.04.13 is added to the Santa Monica
Municipal Code to read as follows:
Subchapter 9.04.13 Use Permit special standards.
9.04.13.010 Purpose.
The uses contained in this Part may cause
negative impacts In the area in which they are
proposed to be developed and thus they require a Use
permi t. The standards contained in this Part are
intended to explicitly describe the location,
configuration, design, amenities, operation and other
development standards which along with additional
conditions of approval for the Use Permit will ensure
that the potential impacts are minimized, consistent
with the goals, objections, and policies of the
General Plan.
9.04.13.020 Applicability.
The Zoning Administrator, or the Planning
Commission on appeal, may approve a Use Permit for
the proposed project on the condition that the
project comply with the special standards contained
in this Part. Projects subject to approval of a Use
Permit must also comply with all other requirements
of this Chapter unless otherwise provided in this
section. The Zoning Administrator, or Planning
Commission on appeal, may require additional
conditions of approval of the Use Permit to ensure
that the potential impacts of the project are
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minimized. When the proposed project does not meet
the required special standards and cannot be modified
to comply with the special standards, the Zoning
Administrator, or the Planning Commission on appeal,
shall disapprove the project.
9.04.13.030 Outdoor Newsstands.
The purpose of this section is to ensure that
outdoor newsstands located in any permitted
commercial district shall not adversely impact
surrounding uses and shall be developed in a manner
which enhances and protects the integrity of the
District. The following special conditions shall
apply to outdoor newsstands:
(a) Property Development Standards. The
outdoor newsstand shall comply with all
property development standards of the
commercial district in which it is located.
(b)
Maximum Size.
No outdoor newsstand shall
exceed 2' in depth, 50' in length, 8' in
height, or 149 square feet in total floor area.
( c)
Minimum Distance
from Other outdoor
Newsstands. No outdoor
located closer than 500
other outdoor newsstand.
newsstand shall be
feet to the nearest
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(d)
outdoor
Newsstands
on
Public
Rights-of-Way. Prior to submittal of an
application for an outdoor newsstand, the
applicant must obtain preliminary approval from
the Department of General Services and the City
Parking and Traffic Engineer to ensure that
public safety and pedestrian and vehicular
traffic concerns are adequately addressed.
Fees shall be assessed for the use of public
property. A minimum 8' pedestrian path must be
maintained between the outdoor newsstand and
the curb or any other pedestrian-obstructing
object. If the outdoor newsstand abuts the
wall of a private parcel, the operator must
have the permission of the owner of the private
parcel to operate an outdoor newsstand in that
location.
(e) Maintenance and Design. Outdoor
newsstands shall be maintained at all times in
a clean, neat and attractive condition and in
good repair; shall be constructed of a
permanent material to the satisfaction of the
Building and Safety Division; and shall be of a
design approved by the Architectural Review
Board based on the guidelines contained in
Chapter 9.32 of the Municipal Code.
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(f) Advertising. No outdoor newsstand shall
be used for advertising signs or publicity
purposes other than that dealing with the
display, sale or purchase of newspapers or
periodicals, as approved by the Architectural
Review Board and as governed by Chapter 9.52
(Sign Code) of the Municipal Code.
(g) Placement. No outdoor newsstand shall be
placed within three feet of any display window
of any building abutting the street or in such
manner as to impede or interfere with the
reasonable use of such window for display
purposes, unless such a window is on the indoor
portion of a newsstand facility.
(h)
Use.
No outdoor newsstand shall be
utilized for the sale, nor for the display for
sale, of any article or item other than
newspapers, magazines, periodicals and other
similar newsprint publications.
SECTION 10. Part 9.04.20.11 is added to the Santa Monica
Municipal Code to read as follows:
Part 9.04.20.11
Use Permits.
9.04.20.11.010 Purpose. A Use Permit lS
intended to allow the establishment of those uses
which have some special impact or uniqueness such
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that their effect on the surrounding environment
cannot be determined in advance of the use being
proposed for a particular location, but which are
generally considered to be less significant in
potential effects than those uses subject to a
Conditional Use Permit. The permit application
process allows for the review of the location of the
proposed use, design, configuration of improvements,
and potential impact on the surrounding area from
proposed use, and the evaluation of the use based on
fixed and established standards.
9.04.20.11.020 Application. An application
for a Use Permit shall be filed in a manner
consistent with the requirements contained in Part
9.04.20.20, sections 9.04.20.20.010 through
9.04.20.20.060.
9.04.20.11. 030 Hear ing and Notice. Upon
receipt in proper form of a Use Permit application, a
public hearing before the Zoning Administrator shall
be set. Notice of such hearing shall be sent to all
property owners and tenants within 300 feet of the
property in a manner consistent with Part 9.04.20.22,
sections 9.04.20.22.010 through 9.04.20.22.140.
9.04.20.11. 040 Findings. Following a review
of . the application and public hearing, the Zoning
Administrator shall prepare a written decision which
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shall contain the findings of fact upon which such
decision is based. The Zoning Administrator or
Planning commission on appeal, may approve a Use
Permit application in whole or in part, with or
without conditions, provided. all of the following
findings of fact are made:
(a) The proposed use is one subject to
approval of a Use Permit within the subject district
and complies with all of the applicable provisions of
this chapter.
(b) The subject parcel lS physically suitable
for the type of land use being proposed.
(c) The proposed use is compatible with any of
the land uses presently on the subject parcel if the
present land uses are to remain.
(d) The proposed use would be compatible with
existing and permissible land uses within the
district and the general area In which the proposed
use is to be located.
(e) The physical location or placement of the
use on the site is compatible with and relates
harmoniously to the surrounding neighborhood.
(f) The proposed use is consistent with the
goals, objectives, and policies of the General Plan.
(g) The proposed use would not be detrimental
to the public interest, health, safety, or general
welfare.
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(i) Reasonable guarantees of compliance with
required conditions, such as a deed restriction or
requiring the applicant to furnish security in the
form of money or surety bond in the amount fixed by
the administering agency.
9.04.20.11.060 Commencement of Use. The
rights granted by the Use Permit shall be effective
only when exercised within the period established as
a condition of granting the permit or, in the absence
of such established time period, one (1) year from
the date the permit becomes effective. This time
limit may be extended by the zoning Administrator for
good cause for a period not to exceed six (6) months
upon written request by the applicant. Use Permits
approved in conjunction with new construction
projects shall expire if the rights granted therein
are not exercised within SlX (6) months following
issuance of a certificate of Occupancy.
9.04.20.11.070 Revocation. The Zoning
Administrator may, ln exercise of his or her own
discretion, or upon the direction of the Planning
Commission shall, revoke any approved Use Permit in
accordance with the following procedures:
(a) A revocation hearing shall be held by the
Zoning Administrator. Notice of the hearing shall be
published once in a newspaper of general circulation
within the City and shall be served either in person
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or by registered mail on the owner of the property
and on the permit holder at least ten (10). days prior
to such hearing. The notice of hearing shall contain
a statement of the specific reasons for revocation.
(b) After the hearing, a Use Permit may be
revoked by the Zoning Administrator, or by the
Planning commission on appeal or review, if anyone
of the following findings are made:
(1) That the Use Permit was obtained by
misrepresentation or fraud.
(2) That the use for which the Use
Permit was granted has ceased or has been suspended
for six or more consecutive calendar months.
(3) That the conditions of the permit
have not been met, or the permit granted is being or
has recently been exercised contrary to the terms of
the approval or in violation of a specific statute,
ordinance, law or regulation.
(c) A written determination of revocation of a
Use Permit shall be mailed to the property owner and
the permit holder within ten (10) days of such
determination.
9.04.20.11.080 Appeals. The approval,
conditions of approval, denial, or revocation of a
Use Permit may be appealed to the Planning commission
within fourteen (14) consecutive calendar days of the
date the decision is made in the manner provided in
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Part 9.04.20.24,
Sections 9.04.20.24.010 through
9.04.20.24.050.
SECTION 11.
Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
furth~r, are hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 12.
If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance.
The City Council hereby
declares that it would have passed this Ordinance, and each and
every section,
subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 13. The Mayor shall sign and the city Clerk shall
attest to the passage of this Ordinance.
The city Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption.
This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
~~
JOSEPH LAWRENCE
Acting City Attorney
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Adopted and approved this 13th day of July, 1993.
~V;)
I hereby certify that the foregoing Ordinance No. 1690(CCS)
was duly and regularly introduced at a meeting of the City
Council on the 29th day of June 1993; that the said Ordinance was
thereafter duly adopted at a meeting of the City Council on the
13th day of July 1993 by the following Council vote:
Ayes: Councilmembers: Abdo, Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
Vazquez
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
A(D;~
~ City Clerk