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city Council Meeting 7-13-93 Santa Monica, California
STAFF REPORT
TO: Mayor and city Council
FROM: City Attorney
SUBJECT: Ordinance 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
At its meeting on June 29, 1993, the City Council
introduced for first reading an ordinance 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. The ordinance
is now presented to the City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Joseph Lawrence, Acting City Attorney
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city Council Meeting 7-13-93 Santa Monica, California
ORDINANCE NUMBER 1690(CCS)
(City Councll 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 Resolutlon of Intentlon announclng its intention to
recommend that the City Counc1l amend the zoning ordinance to
revise development standards to allmv outdoor newsstands in
certain commerclal districts; and
WHEREAS, on April 7, 1993, the Plannlng Comm1SS1on held a
public hearing on the proposed revislons to the Zonlng Ordinance,
and recommended to the Clty Council that such amendments be
adopted; and
WHEREAS, the City Councll held a public hear1ng 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, 1n that the amendments enhance the
pedestrian character and scale of public spaces, and maximize
ground-floor pedestrian amen1tles to all m'l 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 publ1C spaces 1n 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 is added to the Santa
Monica Munic1pal 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 lS 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 Honlca Munlclpal Code section
9.04.08.18.020 IS amended to read as follows:
9.04.08.18.020 Permitted Uses.
The follow~ng convenIence goods and service type uses shall
be permitted in the C3 DIstrict, if conducted within an enclosed
building, (except where otherwise permItted):
( a) Art galler~es.
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BUDGETARY /FISCAL IMPACT
If the initiative passes, the city of Santa Monica would receive
entitlements of approximately $2.4 million in bond act funds as
well as the opportunity to compete for additional grants.
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City staff recommends that the City council approve the attached
resolution in support of the CALPAW 94 Park and Wildlife General
Obligation Bond Act initiative.
Prepared by: Susan Mccarthy, Director
Barbara stinchfield, Manager, Community & Neighbor-
hood Services
Department of Cultural and Recreation Services
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(bb) Restaurants.
(cc) Senlor group housing.
(dd) Senior hous1ng.
(ee) Single family dwelling units.
(ff) Single room occupancy housing.
(gg) Tailors.
(hh) Theaters.
( ii) Trade schools.
(j j) Transitional housing.
(kk) Variety stores.
( 11) Accessory uses WhlCh are determined by the
Zoning Admin1strator to be necessary and customarlly associated
with and appropriate, 1nc~dental, and subordinate to, the
principal permitted uses and wh~ch are consistent and not more
disturbing or disruptlve than perm1tted uses.
(mm) Other uses determined by the Zoning
Adm1nistrator to be similar to those Ilsted above and which are
consistent and not more dlsturbing or disruptive than permitted
uses.
SECTION 4. Santa Monica Mun1c1pal Code Section
9.04.08.20.020 is amended to read as follows:
9.04.08.20.020. Permitted Uses.
The fallowing convenience goods and serVlce type uses shall
be permitted In the C-3C District, ~f conducted within an
enclosed building, (except where otherwise permitted):
( a) Art Gallerles.
(b) Art~st studios above the first floor.
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( c) Appl1ance repa1r 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.
(1) Dance stud1OS.
(m) Domestlc vlolence shelters.
(n) Electrlc distribution substations.
( 0) Exercise facilltles.
(p) General offices above the first floor and first
floor offices not at the street frontage.
(q) General Retall.
(r) Health equlpment rentals.
(s) Homeless shelters ~v'1 th less than fifty-five
(55) beds.
(t) ExerC1se Facll1ties.
(u) Laundromats.
(v) Medical, dental and optometrist clinics and
laboratories.
(w) MUlti-faml1y dwelllng unlts.
( x) Museums.
(y) Outdoor newsstands.
(z) Party equ~pment rentals.
(aa) Photocopy shops.
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(bb) Places of worshlp.
(cc) Restaurants.
(dd) Sen10r group housing.
(ee) senior hous1ng.
(ff) Single family dwelling units.
(gg) S~ngle room occupancy hous~ng.
(hh) Small appliance stores.
(ii) Tailors
(jj) Theaters.
(kk) Trade Schools.
(11) Transitional housing.
(mm) Var1ety stores.
(nn) Accessory uses ';vh 1ch are determined by the
Zon~ng Administrator to be necessary and customar~ly associated
with, and appropr1ate, 1nC1dental, and subordinate to, the
principal permitted uses and \.,rhich are consistent and not more
disturbing or disruptive than perm1tted uses.
(00) Other uses determined by the Zoning
Administrator to be similar to those l1sted above and Wh1Ch are
consistent and not I'lore disturbing or disruptive than permitted
uses.
SECTION 6. Sect10n 9.04.08.22.035 is added to the Santa
Monica Munlcipal Code to read as follow:
9.04.08.22.035 Uses Subject to a Use Permit.
(a) outdoor newsstands.
SECTION 7. Sect10n 9.04.08.26.035 1S added to the Santa
Monica Municlpal 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. Sectlon 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 Monlca Municipal Code Section
9.04.10.02.340 is amended to read as follows:
9.04.10.02.340 Permitted outdoor Uses.
The fOllowing uses, if ldentified as a permitted use in the
district, shall be permitted outside of an enclosed building
provided they are ent~rely on pr1vate property, or on public
property when otherwise perm1tted by th~s Code:
( a) Drive-in and dr1ve-through restaurants.
(b) Patio tables, cha~rs, umbrellas, and slmilar outdoor
accessories used in connection with a restaurant.
( c) Vending machines, lncluding welghing scales, when
accessory to a business conducted w~thin a building.
(d) Border mater1als, flower pots, trellises, and the
like, provided they are accessory to a retail plant nursery and
do not exceed l5 % of the 1nventory of the nursery business.
( e) Automobl1e dealershlp d1splay and storage lots.
(f) Outdoor vendlng or dlsplay when otherwise permltted by
this Code.
(g) Outdoor newsstands when otherwlse permltted 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:
subehapter 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
Permit. The standards conta1ned in this Part are
intended to explicitly descr1be the location,
configuration, des~gn, arnen1tles, operation and other
development standards Ii/hich along with additional
conditions of approval for the Use Permit w~ll ensure
that the potentlal ~mpacts are mlnimized, cons1stent
with the goals, obJections, and policies of the
General Plan.
9.04.13.020 Applicability.
The Zoning AdI1in~strator, or the Plann1ng
Commiss1on on appeal, nay approve a Use Permit for
the proposed project on the cond~tion that the
project comply wl..th the spec~al standards contained
in this Part. ProJects subject to approval of a Use
Perm~t must also comply ,.Jl th all other requ1rements
of this Chapter unless otherwise provided in this
Section. The zoning Administrator, or Plannlng
Commiss1on on appeal, may require additional
condit~ons of approval of the Use Permit to ensure
that the potent1.al l.mpacts of the proJect are
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minimized. Hhen the proposed project does not meet
the required special standards and cannot be modified
to comply with the speclal standards, the Zoning
Administrator, or the Planning commission on appeal,
shall disapprove the project.
~ 9.04.13.030 Outdoor Newsstands.
The purpose of thlS Section is to ensure that
outdoor newsstands located in any permitted
commercial district shall not adversely l.mpact
surround~ng uses and shall be developed in a manner
which enhances and protects the integrity of the
District. The followlng spec1.al conditions shall
apply to outdoor newsstands;
( a) Property Development Standards. The
outdoor newsstand shall comply with all
property development standards of the
commercial d~strlct in which it is located.
(b) MaXlmum Size. No outdoor newsstand shall
exceed 2' in depth, 50' 1n length, 8' ln
height, or 149 square feet ln total floor area.
( c) Minimum D1stance from Other Outdoor
Newsstands. No outdoor newsstand shall be
located closer than 500 feet to the nearest
other outdoor newsstand.
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(d) outdoor Newsstands on Public
Rights-of-Way. Prior to submittal of an
appllcation for an outdoor newsstand, the
applicant must obtain prel1mlnary approval from
the Department of General Services and the City
Parking and Traff~c Eng~neer to ensure that
public safety and pede5trlan and vehicular
traffic concerns are adequately addressed.
Fees shall be assessed for the use of public
property. A min1mum 8' pedestrlan path must be
maintained betHeen the outdoor newsstand and
the curb or any other pedestrian-obstructing
object. If the outdoor newsstand abuts the
wall of a pr1vate parcel, the operator must
have the permlsslon of the owner of the private
parcel to operate an outdoor newsstand in that
location.
( e) Maintenance and Design. Outdoor
newsstands shall be naintained at all times in
a clean, neat and attractive condition and in
good repair; shall be constructed of a
permanent rnaterl.al to the satisfaction of the
BUllding 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 rrunlc1pal 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 Munic1pal 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 lInpede or lnterfere with the
reasonable use of such wlndow for display
purposes, unless such a wlndow 1S on the 1ndoor
portion of a newsstand facility.
(h) Use. No outdoor newsstand shall be
ut1lized for the sale, nor for the display for
sale} of any artlcle or Item other than
newspapers, nagazInes, 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 is
intended to allow the establishment of those uses
which have some special 1mpact or uniqueness such
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that the1.r effect on the surround1ng environment
cannot be determined in advance of the use being
proposed for a part1.cular locat~on, 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 reV1.ew of the location of the
proposed use, design, conf1guration of improvements,
and potential impact on the surrounding area from
proposed use, and the evaluat1.on of the use based on
fixed and established standards.
9.04.20.11.020 Appl1catlon. An application
for a Use Permlt shall be filed l.n a manner
consistent with the requlrements conta1ned 1n Part
9.04.20.20, Sect10ns 9.04.20.20.010 through
9.04.20.20.060.
9.04.20.11.030 Hearlng and Notice. Upon
receipt in proper form of a Use Permit appl1.cation, a
public hearing before the Zon1.ng Admin1.strator shall
be set. Notice of such hearing shall be sent to all
property owners and tenants with1n 300 feet of the
property ln 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 Flndl.ngs. Following a review
of the application and public hearing, the Zoning
Adm~nistrator shall prepare a vlrl tten decision which
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shall contain the find1ngs of fact upon which such
decision is based. The Zoning Adm~nistrator or
Planning Commisslon on appeal, may approve a Use
Permit appl1cation in whole or in part, with or
without conditlons, prov1ded all of the following
findings of fact are made:
(a) The proposed use 1S one subject to
approval of a Use Permit withln the subject distr1ct
and complies with all of the applicable provisions of
this Chapter.
(b) The subJect parcel 1S phys1cally suitable
for the type of land use be1ng proposed.
(c) The proposed use 1S compat~ble w1th any of
the land uses presently on the subject parcel if the
present land uses are to remain.
(d) The proposed use Hould be compatible with
existing and perm1ss.lble land uses wlthln the
district and the general area in t,N'hich the proposed
use is to be located.
(e) The phys~cal locatlon or placement of the
use on the site is compatlble ,"'lith and relates
harmon1ously to the surroundlng neighborhood.
(f) The proposed use is conslstent wlth the
goals, object1ves, and pol1c~es 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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9.04.20.11.050 Cond~tlons. In granting a Use
Permit, the Zon1ng Admln1strator, or the Planning
Commiss1on on appeal, shall require that the use and
development of the property conform with a site plan,
architectural drawings, or statements submitted in
support of the appllcat~on, or in such modifications
thereof as may be deeMed necessary to protect the
public health, safety, and general welfare and secure
the objectives of the General Plan, and may also
impose such other cond~tions as may be deemed
necessary to achl.eve these purposes, lnclud~ng, but
not limited to, the followlng matters:
( a) Setbacks, yard areas, and open spaces.
(b) Fences, walls, and screenl.ng.
( c) Landscap1ng and maintenance of landscaping
and grounds.
(d) Regulation of slgns.
(e) Control of nOise, Vibration, odors, and
other potentlally dangerous or Ob]ect1onable
elements.
(f) Limits on tlme for conduct of specific
activities.
(g) Time perlod within which the proposed use
shall be developed.
(h) Such other conditlons as may be determined
to assure that development will be in accordance with
the intent and purposes of this Chapter.
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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 administerlng agency.
9.04.20.11.060 Commencement of Use. The
rights granted by the Use Permit shall be effective
only when exercised wlthln the period established as
a condition of grantlng the permit or, in the absence
of such established tlMe perlod, one (1) year from
the date the permlt becof.les effective. This time
limlt may be extended by the Zonlng Adrnlnlstrator for
good cause for a per~od not to exceed s~x (6) months
upon wr1tten request by the applicant. Use Perm1ts
approved 1n conjunctlon with new construction
projects shall exp1re lf the r~ghts granted therein
are not exercised \nthln SlX ( 6) months following
issuance of a Cert~ficate of Occupancy.
9.04.20.11.070 Revocation. The Zon1ng
Adrninlstrator may, ln exerClse of h1.s or her own
discret1on, or upon the dlrect1.0n of the Plannlng
Commission sha 11 , revoke any approved Use Permlt in
accordance with the followlng procedures:
( a) A revocation hear1ng shall be held by the
Zoning Administrator. Notlce of the hearing shall be
published once in a newspaper of general c1rculation
within the City and shall be served e1ther in person
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or by registered mall on the owner of the property
and on the permit holder at least ten (10) days prior
to such hearing. The not1ce of hearlng shall contain
a statement of the specific reasons for revocation.
(b) After the hearIng, a Use Permit may be
revoked by the ZonIng Admlnistrator, or by the
Planning cOmmiSSIOn on appeal or rev~ew, if any one
of the following f~nd1ngs are made:
(1) That the Use Permit was obtained by
misrepresentation or fraud.
(2 ) That the use for T,.;hlCh the Use
Permit was granted has ceased or has been suspended
for six or more consecutlve calendar months.
(3) That the condltions of the permit
have not been met, or the perMIt granted is being or
has recently been exerclsed contrary to the terms of
the approval or in v101at1on of a spec~fic statute,
ordinance, law or regulat1on.
(c) A wr1tten deterMlnation of revocation of a
Use Permit shall be mal led to the property owner and
the permit holder w~thin ten (10) days of such
determJ.natIon.
9.04.20.11.080 Appeals. The approval,
conditions of approval, denlal, or revocation of a
Use Permit may be appealed to the Planning Commission
within fourteen (14) consecutlve calendar days of the
date the deC1Slon is l"'lade In the manner provided in
.
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- Part 9.04.20.24, Sect10ns 9.04.20.24.010 through
9.04.20.24.050.
SECTION 11. Any prov1.sion of the Santa Monica Municipal
Code or appendices thereto incons1stent with the provisions of
this ordinance, to the extent of such inconsistencies and no
furt::h~r, are hereby repealed or mod1.fied to that extent necessary
to effect the provisions of th1S Ord1nance.
SECTION 12. If any sectIon, subsect1.on, sentence, clause,
or phrase of this Ord1.nance IS for any reason held to be invalid
or unconstitutional by a decls~on of any court of any competent
jurisdiction, such deC1.S10n shall not affect the validity of the
remain~ng port1ons of th1.s OrdInance. The C1.ty Councll hereby
declares that it would have passed this Ordinance, and each and
every section, subsectlon, sentence, clause, or phrase not
declared inval~d or unconst~tutlonal \nthout regard to whether
any portion of the Ord1nance ',,,ould be subsequently declared
invalid or unconst1tut1onal.
SECTION 13. The Mayor shall slgn and the city Clerk shall
attest to the passage of th1s Ord1nance. The city Clerk shall
cause the same to be published once In the official newspaper
within 15 days after its adoptlon. This Ord1.nance shall become
effective after 30 days from ltS adoptl0n.
APPROVED AS TO FORM:
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JOSEPH LAWRENCE
Acting City Attorney
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Adopted and approved this 13th day of July, 1993
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I hereby certify that the foregoing Ordinance No. 1690(CCS)
was duly and regularly ~ntroduced at a meeting of the City
Council on the 29th day of June 1993, that the sa~d Ordinance was
thereafter duly adopted at a meet~ng of the City Counc~l on the
13th day of July 1993 by the follow1ng Council vote:
Ayes: CounC1lmernbers: Abdo, Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
Vazquez
Noes. Councilmembers: None
Absta1n: CouncJ.lmembers: None
Absent: Counc1lmembers: None
ATTEST:
L~u;tZu--
~ - C~ty Clerk /
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