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SR-8D (9)LUTM:PB:DKW:DB/pa92009c.paword - Council Mtg: June 29, 1993 T~: FRQM: SUBJECT: Mayor and City Cauncil City Staff ~ i ~ ~~N ~ 9 1993 Santa Manica, Califarn~a Text Amendment 92-009 to EstabZish Use Allowances and Dev~lopment Standards for outdoor Newstands in Commercial Districts INTR~DUCTION This report recammends that the City Caunci~ adopt Text Amendment (TA) 92--~09 to allow and establish development standards for outdaor newsstands in various cammercial districts throughout the City, and to ~stablish the creation af a Use Permit procedure. On April 7, 1993, the Planning Commiss~on voted 5-0 on a motion to ~ecammend appraval of the proposed newsstand Text Amendment by the City Council. BACKGROUND Project Description The newsstand Text Amendment was initiated at the request of the City Council. The Use Permit portion of this Text Amendment has been part of ather Text Amendments in the past and has been reviewed by both the Planning Commission and the City Council. The proposed newsstand Text Amendment would allow outdoor newsstands "by right" in the C3 (Downtown Commercial) and C3C (Downtown CommerciaZ ~verlay) Districts and with a Lse Permit in the RVC (Residential Visitor Cammercial), BCD {Broadway - 1 - ~ ~ ~ J~1N ~ 9 1993 Commercial), C2 (Neighborhood Commercial), C4 (Highway Commercial), C6 (Broadway Commercial), and CM (Main Street Commercial) Districts. The proposed Text Amendment would fur~her pravide minimum standards for ~utdovr newsstands and amend 5ection 9.04.1D.~2.340, "Permitted outdoar Uses," ta include newsstands. The proposed Us~ Parmit amendment wou~d establish a Zoning Administrator publia hearing re~iew process for certain kinds of develapment, such as newsstands in certain zonas. Planning Commiss~on Ac~ion and Discussion At th~ April 7, 1993 public hearing af tha Planning Commission, the five Commissioners presant voted to recommend City Council approval of the proposed Text Amendment. In their discussion of the proposal, the Planning Commission expressed concern that the proposed requirement that no outdoor newsstand may be within 1,00o feet of another newsstand was ~xcessive. Th~ 1,004-foot standard was taken from existing Zoning Ordinance standards for the spacing of adult entertainment uses. A spacing requirement appears apprapriate to limit possible effects on traffic and sidawalk cQngestion and to control possible adverse aesthetic impacts of numerous newstands in an area. Given the concern that the 1,flD0-faot limit may be excessive, sta~f has revised the standards to require that na newsstand may be within 500' of another newsstand. - 2 - CEQA Status The praposed Text Amendment is categorically exempt from the provisions af the California Environmental Quality Act pursuant to class 5(IO} of the City af Santa Monica G~idelines far the Implementation of CEQA. TTTTT VC~T@ Existing Code Requirements The existing Zoning Ordinance daes not permit outdoor newsstands. Section 3.44.10.02.340, "Permitted Outdoor Uses,f' reads as fol~ows. The ~ollowing uses, if identi~ied as a permitted use in the district, shall be pErmitted autside of an enclosed building provided they are entirely on private property: (a) Drive-in and drive-through restaurants. (b} Patio tables, chairs, umbrellas, and similar outdoor accessories used in cannection with a restaurant. (c) Vending machines, including weighing scal.es, wherc accessary to a business conducted within a building. (d) Border matera.al,s, ~lowar pots, trellises, and the like, provided they are accessory to a retail plant nurs- ery and do nat exceed 15~ of the inventory o~ thE nursery business. (e) Automobile dealership display and storage lots. (f) Dutdoar vending or display when otherwise permitted by this cade. Because outdaar newsstands are neither called out ir~ Section 9.04.10.02.340 nor mentianed within the "permitted uses" sectians of any of the City's zvning districts, outdoor newsstands are not a per~nitted use. Furthermora, Section 9.D4.1~.02.340 specifies that autdoor uses are permitted on private praperty on1y, whereas it is contemplated that outdoor newsstands would be permitted on - 3 - bath private and public praperty if certain minimum standards could be met. The existing Zaning Ordinance has no procedure for a Use Permi~ process. The most comparable existing procedure is that for Variances, which requires a public hearing before the Zoning Administratar and a public natice o~ the hearing in a local newspaper and notification of a1Z ~enants and property owners within a 300-faot radius of the subject parce~.. For a Variance (or a Use Permit, as proposedj, the Zoning Administrator's decision may be appealed to the Planning Cammission. Proposed Newsstand Amendment Th~ proposed amendment would accomplish three primary gaals. First, it would establish newsstands as a permitted autdoor use under Seation 9.04.10.02.340. Secondly, ~t wo~ld establish outdoor newsstands as unde~ either the "Permitted" or "Uses subject to a use permi.t" sectinns i.n various cammercia~ districts throughout the City. Fina~ly, it would establish specific development standards required for outdQQr newsstands. Staff recommends the following amendment to Section 9.04.10.02.340, "Permitted Outdoar Uses" (bald indicates new text): Th~ fal~owing uses, if identified as a permitted use in the district, shall be permitted outside af an enclQSed building provid~d they are entirely on private property or on public property when atherwisa permitted by this ~ade: (a) Driva-in and drive-through restaurants. (b) Patio table~, chairs, umbrellas, and simi~ar outdoor accessorias used in connection wi,th a restaurant. (c) Vending machines, including weighing scales, when - 4 - accessory to a business conduct~d within a building. (d} Border materials, flow~r pots, trellises, and the Iike, provided they are accessory to a retail plant nurs- ery and do not exceed 15~ of the inventory of the nursery business. (ej Automobile dealership display and storage lots. (f) outdoar vending ar display when otherwise permitted by this code. (g) Outdaar newsstands when otherwise permitted by this code. Staff further recommends that outdaor newsstands be permitted by right (requiring Administrative Approval on~y) in the C3 and C3C Districts, as these zoning d~signations are lvcated in tha pedestrian-ariented, transit-serv~d, high density downtown area in which outdoor newsstand uses ar~ most appropriate. In the BCD, RVC, C2, C4, C6, and CM Districts staff recommends that outdoor newsstands be permitted with a Use P~rmit. (Attachment A.) As a general retail type af use, the paxking requirement for outdoor newsstands wau~d be 1 space per 300 square feet, as called out in Section 9.04.10.08.040 of the Zoning Ordinance. Therefare, no Text Amendment relating to newsstands would be necessary to the parking section of the Zoning Drdinance. Since the maximum ou~daor newsstand wou~d not exceed 2' X 50~ with the proposed standards, the parking ~equired would be zero spaces based on the following calculation: DIMENSION AREA STANDARD NO. SPACES REQUIRED 2' X 50' = 1~0 s,f. 1:300 =.34 (Zess than .5, round down to zera spaces) - 5 ~ In all commercial districts wh~ra they would be permitted (including C3 and C3C Districts), outdoor newsstands would be required to comply with the following deveZapment standards: 9.XX,Y%.XXx Outdaar Newsstands. The purpose of this Section is to enaure that autdaor newsstands 3ocated in any permitted commer~ial district shal~ not adversely impact su=round~nq uses and shall be developed in a manner whiah enhances and proteats the intagrity of the Distriat. The follow~ng apecfaZ conditions shall apply ~o outdoor newsstands: (a) Property Development Standards. The outdoor newsstand shall comply with all propesty dev~lopment standards of the commercial district in which it is located. (b) Maximum Size. No autdoor newsstand sh~ll exaeed 2~ in depth, S0~ in length, 8~ in height, or ioo square feet in total floar area. (c) Minimum Distance fram Other ~utdoor Newsstands. No autdoor newastand ahall be located closer than 50o feet to the nearest other outdoar newsstand. {d) Outdoor Newsstands on Fublia Riqhts-of-Way. Prior to submi~tal of an application for an outdaor newsstand, the appiicant must abtain preliminary approval from ~he Department af General Services and the City Parkiag and Traffia Engineer to ens~re that publia safety and pedestrian and vehiculax traf~ic aoncerns are adequately addressed. Fees shall be assessed for the use of public property. A minimum 8~ pedestrian path must be maintained between the the outdaor newsstand and the curb ar any ather pedestrian-abstructinq vbject. If the outdoor neWSS~and abuts the wall of a private parael, the operator must have the permission of the the awner of the private parcel to operate an autdaar newsstand in that location. (e) Maintenance and Design. outdoar newsstands shall be maintained at all times in a clean, neat and attractiva condition and in qood repair; shall be canstructed af a per~anent material ta the satisfaction of ~he Building and Safety Divisian; and shall be of a design app~oved by the Architectural Review Board based on the guidelines contained in Chapter 9.32 of the Municipal Code. (f) Advertising. Na outdoor advertising signs ar publioity dea~ing with the display, sale periodiaals, as approved by the and as governed by Chapter 9,52 Code. newsstand shall be use~ for purposes other than that or purohase of newspapers or Axchitectura~ Review Board (Sign Cade) of the Municipal - 5 - (g~ P~aaement. No outdoar newsstand sha~l be placed within three feet of any display window of any building abuttinq the street or in such manner a~ to i~pede or interfere with ~he reasanable use af such windaw for display purpases, unless such a windaw is on the indaor partion of a newsstand facilitp, {h} IIse. Na outdaor newsstand shall be ~tilised ~or the sale, nor for the display for sale, of any article or item other than aewspapers, magazines, periodicals and other similar newsprint publications. The proposed development standards are intended to enhance the benefits of outdaor newsstands while limiting the negative impacts. In formulating these standards, planning sta~f reviswed the standards for outdoor newsstands in the City of Las Angeles (Attachment B) and worked with staff from other City of Santa Monica divisions. Proposed Use Per~n~t Procedure The Use Permit process existed under the former Zoning Ordinance. This process would be identical to that of Variances under the prasent aade: notice to neighbors and property owners within a 300-foot radius, a hearing before the Zoning Administratar, and possibZe appeal to the Planning Commission. The Use Permit process zs intended to relieve the workload of the Planning Commissifln by al~owing minor use permits ta be approved by the Zoning Admin~strator; this pracess also reduces processing time and costs far applicants (a CUP costs $Z630; a Use Permit would currently cost $500, and mailing label preparation costs would also be lower). In later text amendments, staff intends to propose that some uses presently subject to a Perfor~nance Standards Permit or CUP be instead subject ta the Use Permit. - 7 - General P~an Conformance The proposed Text Amendment is cons~.stent with citywide Objective 3.3 of the Land Use and Circulation Element af the General Plan (LUCE}, which states that the City shall "enhance the pedestrian scale and character of straets and public spaces~~ with po~icies that "maximize provision of pedestrian am~nities at ~he ground floor street frontage, such as frequent entrances and windaws, awnings, arcades, and paseos" (Policy 3.3.1) and policies which "allaw kiasks and vendors where appropra.ate by permit" (Pol.icy 3.~.s). with the exception af tha C5 (Special ~ffice) Distric~, the Land Use and Circulation Element emphasizes pedestrian amenities in all commercial districts, including "commercial corridors" such as the C4 Diatrict. The propased text amend~nent is cansistent with these goals. Specific P1an Conformance Tha praposal to allow newsstands by right in the C3C District is not in c~nflict with the Third Street Mall Specific Plan. The Specific Plan daes not call out newsstands as a permitted or prohibited use. Theref~re, the standard allowing newsstands in the C3C District would prevai.J.. Conc~.usa.on The proposed Text Amendmen~ will allow a use which will enhance the pedestrian character of tha City and which is in conformance with the General Plan. The Use Permit pracedura will create an - 8 - added measure of flexibility to the code, ultimately decreasing the number of cases ~eviewed by the Planning Commission and the number of appeals reviewed by the City Council. Therefare, staff recommends that the City Council approve TA 92-009. PUSLIC NOTIFICATION Because this propasal is not site-specific, no radius map, signage or ma~Iing natification is required. A legal notice was pubiished in the Outlook (Attachment C) and staf~ has notified the Neighbarhood Suppnrt Center of the proposed Text Amendment. BUDGETfFINANCIAL IMPACT The recommendatian presented in this repart does not have any budget or fiscal impact. R~COMMENDATION It is respectfu~ly reaommended that the City Council approve Text Amendment 92-009 based on the following findings: FINDINGS: 1. The praposed Text Amendment is cansistent in principal with the goals, objectives, pvlicies, land uses, and programs specified ~n the adopted General Plan, in that it is consistent with Land Use and Circulation Element Objective 3.3, which states tha~ the City sho~Zd enhance pedestrian character and scale of public spaces and Policies 3.3.1 and 3.3.5 which state that the City should maximize ground-flaor pedestrian amenities and allow - 9 - kiosks and v~ndors by perm~t where apprapriate, and in that the Use Permit procedure would allow a review process which is similar but more xnclusive than the Variance re~ie~a process already in the Zoning Ordinance. 2. The public health, safety, and general ~~elfare requires the adoption of the propQSed amendment, in that the amendment alla~~s expanded opportunities ta enhance the pedestr~an scale and character of public spaces in Santa Monica, and in tha~ the proposed Use Permit pracedure would reduce the ease load of the Planning Cammission and the City Cauncil tihile pro~iding applicants with a procedure that is both Iess time-consuming and less expensive than the Conditional Use Permit process. Prepared by: Paul Berlant, Director, Land Use and Transportation Manag~ment Department D. Kenyon Webster, Planning Manager Drummond Buckley, Assoeiate Planner Planning Division Land Use and Transportation Manage~ent Department ATTACHPZENTS : A. ordinance Implementing proposed Text Amendznent B. City of Los Ang~les Standards Go~erning Ne*,asstands C. Public Notice D. P].anning Cammission Staff Repor~ E. Planning Commission Statement of ~ffi.cial Action DB PC/pa92009 06/22/93 -ia- A~'T'AC1~EIITT A CA:MHS:newsl~hpa~pc City Council Meeting 6-29-93 Santa Manica, Calif~rnia ORDINANCE NUMBER (City Council Series) AN ORDINANCE OF THE CITY COITNCIL 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 PERMZT PROCEI}UR~ WHEREAS, on February 3, 1993, the P~anning Commission adapted a Resolution of Intention announcing its intention ta recommend that the City Council amend the Zoning Ordinance ta revise development standards to allow outdaor newsstands in certain commarcial districts; and WHEREAS, on Aprii 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 prapased Zaning ~rdinanee amendments and finds and declares that the proposed amend~ents are consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adapted General Plan, in that the amendments enhance the pedestrian character and scale af public spaces, and maximize ground-floor pedestrian amenities to allaw vertdors by permit where appropriate; and ~ 1 _ WHEREAS, the City Council finds and declares that the pubiic health, safety, and general welfare require the adoption af the proposed Zaning Ordinance amendments, in that the amendments allow expandEd opportunities to enhance the pedestrian scale and character of public spaces in Santa Monica; NOW, THERE~ORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Sectian 9.04.08.12.035 is added to thE Santa Manica Municipal Code ta read as follows: 9.04.08.~2.035 Uses Subject ta a Use Permit. (a) outdoor newsstands. SECTION 2. Section 9.04.08.14.035 is added to the Santa Monica Municipal Code to read as follow: 9.04.08.14.035 Uses Subject to a Use Permit. (a) outdoar newsstands. SECTZON 3. Section 9.04.08.16.b35 is added to the Santa Monica Municipal Cod~ to read as follow: 9.04.a8.16.035 Uses Subject to a Use Permit. (a) Outdaar newsstands. SECTION 4. Santa Monica Municipal Code SECtian 9.D4.OS.18.o20 is amended to read as follows: 9.04.08.~8.020 Permitted Uses. The fallowing convenience goods and service type uses shall be permitted in the C3 Distr~ct, if conducted within an enclosed building, (except where atherwise permitted): {a) Art galler~es. ~ ~ 1 / - 2 - (b} Artist studios above the first floor. (c) Auditoriums. (d) Bakeries. (e) Banks and savings and loan institutions. (f} Barber or beauty shops. (g) Business col~eges. (h) Cleaners. (i) Child day care centers. (j) Congregate housing. (k) Dance studios. (1) Domestic ~iolence shelters. (m} Electric distributian substations. (n} Exercise facilities. {o} General offices. {p} General retail and specialized retai~ uses. (q) Home~ess shelters with less than fifty-five (55) beds. (r) Hotels and mot~ls (s) Laundromats. (t) Medica~, dental and optom~trist clinics ~nd laboratories. (u) (v) ~~) (~) (y} {z) (aa) Medical equipment rentals. Multi-family dwelling units. Museums. outdoor newsstands. Party equipment rentals. Photocopy shops. Places af worship. ., ~ - 3 - (bb) Restaurants. (cc) Senior group housing. (dd) Senior hausing. (ee) Single family dwelling units. (ff) Single room occupancy housing. (gg) Tailors. (hh) Theaters. (ii) Trade schoals. (jj) Transitional housing. (kk) Variety stores. (~1) Accessory uses which are determinad by the Zoning Adm inistrator 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 Ad~-inistrator to be similar to those listed above and which are consistent and not mare disturbing or disruptive than permitted uses. SECTION 4. Santa Monica Municipal Code Section 9.04.08.20.020 is amended to read as follows: 9.04.08.20.020. Permitted U5~5. The following conv~nience 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 flodr. _ 4 - ~ , (c) (d) ~~) (f) (g) (h) (i) ~J) (k) {1) (m) (n) t~) tp) floor af~ices not (q) (r) (~) (55) beds. Appliance repair shops. Bakeries. Banks and savings and loan institutio~s. Barber or beauty shops. Business col~eges. Child day care centers. Cleaners. Congregate hausing. Cultural facilities. Dance studios. Domestic violence she~ters. Electric distribution substations. Exercise facilities. Gen~ral offiees above the first floor and first at the street frontage. General Retail. Health equipment rentals. Hameless shelters with less than fifty-five (t) Exercise Facilities. (u) Laundramats. (v) Medicai, dental and optametrist clinics and laborataries. (w} (x} (Y) (z) (aa) Multi-fami~y dwelling units. Museums. Outdoar newsstands. Party equipment rentals. Photocopy shops. „ , - 5 - (bb) Places of worship. (cc} Restaurants. (dd} Senior graup housing. (ee) Senior hausing. (ff) Single family dwelling units. (gg) Single roam accupancy housing. (hh) Small app~iance stores. (ii) Tailors (jj) Theaters. {kk) Trade Schools. (I1) Transitional housing. (mm) Variety stores. (nn) Accessory uses which are determined by the Zaning Administratar to be necessary and customarily associated with, and apprapriate, incidental, and subordinate to, the principal permitted uses and which are consistent and nat more disturbing or disruptive than permitt~d uses. (oo) Other uses d~termined by the Zoning Administratar to be similar to those listed above and which are consistent and not more disturbing or disruptive than permitt~d uses. SECTION 6. Section 9.04.08.22.035 is added to th~ Santa Monica Municipal Code ta read as follow: 9.04.08.22.035 Uses Sub~ect to a Use Permit. (a) Outdoor newsstands. SECTIDN 7. Section 9.04.08.26.035 is added to the Santa Monica Municipal Code to read as follow: 5 ~~ ' t f - 6 - 9.04.08.26.035 Uses Subj~ct to a Use Permit, (a) Outdoor newsstands. SECTION 8. Sectian 9.04.08.28.035 is added to the Santa Manica Municipal Code ta read as follow: 9.04.08.28.035 Uses Subject to a Use Permit. (a) outdoor newsstands. SECTION 9. Santa Monica Municipal Code Section 9.D4.10.02.340 is amended ~o read as follaws: 9.04.20.02.340 Permitted Outdoor Uses. The foilowing uses, if identified as a permitted use in the district, shall be permitted autside af an enclosed building provided they are entirely on private property, or on public property ~hen otherwise permitted by this Code: (a) Drive-in and drive-through restaurants. (b) Patio tables, chairs, umbrellas, and similar outdoor accessories used in connectio~ wi~h a restaurant. (c} Vending machines, including weighing scales, when accessary to a business conduct~d within a building. {d) Border materials, flower pots, trel~ises, and the like, provided they are accessory to a retail plant nursery and do not exceed 15 ~ of the inventary of the nursery business. (e) Automabile dealership display and storage lots. (f) Outd~or ~ending or display when otherwise permitted by this Code. (q) Outdoor newsstar~ds when otherwise permitted by this Code. ~ . , - 7 - SECTION 9. Subchapter 9.04.13 is added to the ~anta Monica Municipal Code to read as follows: Subchapter 9.04.13 Use Permit Special Standards. 9.Q4.13.014 Purpo58. The uses cantained 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 contained in this Part are intended to explicitly describe the location, confxquration, desiqn, amenities, operatian and other development standards which alanq with a~ditianal aanditions of approval for the Use Permit will ensure that the potential impacts are minimized, consistent with the goals, objectians, and po~icies of the General Plan, 9,04.13.020 Applicability. The Zoninq Adminxstrator, or the Planninq Commission on appeal, may approve a Use Permit for the proposed praject on the condition that the projeet camp~y with the special standards contained in this Part. Projects subject to approval of a Use Permit must also camply with all other requirements of this Chapter unless otherwise provided in this Section. The Zoninq Administra~or, ar Planninq Commission on appeal, may require additional canditians of appro~al of the Use Permit to ensure that the potential impacts of the project are - 8 - minimized. When the proposed groject does not meet the required speaial standards and cannot be modified ta comply with the special standards, the Zoninq Administrator, or the Planninq 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 CGmm~rC181 distric~ shal~ nat adversely impact surroundinq uses and shall be developed in a manner which enhances and protects the integrity of the District. The followinq special conditions sha13 apply to outdoor newsstands: (a} Property Develop~ent Standards. The outdoor newsstand shall camply with all property development standards of the ca~m~rciai dist~ict in which it is located. (b) Maximum Size. Na outdoor newsstand shall exceed 2' in depth, 50~ in lenqth, 8' in height, or 1a0 square feet in total €loor area. (c) Minimum Distance from Other Outdoor Newsstands. No outdaor newsstand shall be lacated aloser than 50a feet to the nearest other outdoor newsstand. - 9 - (d) Outdoor Newsstands on Public Riqhts-of-Way. Prior ta submittal of an agp~ication for aa outdoor newsstand, the applicant must obtain preliminary approval from the Department of General Services and the City Parkinq and Traffic Engineer to ensure that ptiblic safety and pedestrian and vehicular traffic concerns are adequately addressed. Fees shall be assessed for the use af public property. A minimum 8• pedestrian path must be maintained between the autdoar newsstand and the curb or any other pedestrian-obstructing objeat. If the autdoor newsstand abuts the wall of a private parce3, the operatar must have the permission of the owner of ~he pri~ate parcel ta operate an outdoor newsstand in that location, {e) Maintenance and Design. ~utdoor newsstands shall be maintained at all times in a clean, neat and attractive condition and in gooa repair; shall be canstructed 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. .~~, _ ~p _ (f) Advertising. No outdoor newsstand shall be used for advertisinq siqns or publiaity 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 Municipa~ Code. {g} Placement. Na outdaor 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 ~se of such winaow €ar display purposes, unless such a window is on the indoor portion of a newsstand facility. (h) Use. No outdoor newsstand shall be utiiized for the sale, nar for the display for sale, of any article or item other than newspapers, magazines, periodicals and other similar newsprint publications. SECTION 10. Part 9.d4.20.11 is added to the Santa Monica Municipal Code ta read as follows: Part 9.04.20.11 Use Permits. 9.04.20.11.010 Purpose, A IIse Permit is intended to allow the establishment of those uses which have some special impaat ar uniqueness such - 11 - that their effect on the surraunding environment cannot be determined in advance of the use beinq proposed for a particular location, but which are generally considered to be ~ess significant in potential effects than those uses subject to a Conditional Use Permit. The permit application process allows for tbe review af the lacation of the proposed use, design, configuration af improvements, and potential impact on the surraunding area from proposed use, and the evaluation of the use based on fixed and established standards. 9.04,20.11.024 Application. An application for a IIse Permit shall be filed in a manner consistent with the requirements contained in Part 9.04.20,24, Sections 9.04.20.20.010 through 9.04.20.20.060. 9.a4.20.11.030 Hearing and Notice. Upon receipt in proper farm of a Use Permit applicatian, a public hearinq before the Zoning Administratar shall be set. Notice of such hearing shall be sent to all groperty oWners and tenants within 30o feet of the praperty in a manner consistent with Part 9.04.20.22, Sections 9.04.20.22.010 throuqh 9.04.20.22.140, 9.04.20.11.040 Findings. Follawing a review vf the application and public hearinq, the Zoning Administrator shall prepare a written decisian which ,, , - 12 - shall contain the findings af fact upan whiah such decision is based. The Zoning Administratar or Planninq Commission on appeal, may approve a Use Permit appliaation 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 IIse Permit within the subject district and complies with all af the applicab~e provisions of this Chapter. (b) The subject parcel is physically suitable for ~he type of land use being propos~d. (c) The praposed use is campatibie 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 existinq and permissible land uses within the district and the general area in which the proposed use is to be laaated. (e) The physical location or placement of the use an the site is compatible Wlth and relates harmoniously ta the surroundinq neighborhood. (f) The praposed use is consistent with the qaals, objectives, and policies of the General Plan. (q) The prapased use wauld not be detrimental ta the public interest, health, safety, or general welfare . - I3 - ~ _ . ~ 9.04.20.11.050 Conditions. In granting a Use Permit, the Zoning Administrator, or the Planninq Gommission 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 application, or in such modificatians thereof as may be deemed nec~ssary ta pratect the public health, safety, and qeneral welfare and secure the objsctives o€ the General Plan, and may also impose such other conditions as may be deemed necessary ta achieve these purposes, including, but not limited to, the following matters: (a) setbaaks, yard areas, and apen spaces. (b) Fences, walls, and screening. (c) Landscapinq and maintenance of landscapinq and qrounds. (d) Regulatioa of signs. (e) Control of noise, vibration, odors, and ether patentially dangerous or objectionable elements. (f) Limits an time for conduct of specific ac~ivities. (g) Time period within which the proposed use shall be developed. {h) Such ather conditions as may be determined to assure that development will be in accordance with the intent and purpases of this Chapter. ~ ~ _ , - 14 - {~} Reasonable guarantees of compliance with required conditions, such as a deed restriction or requirinq the applicant to furnish security in the form o~ money ar surety band in the amaunt fixed by the administerinq aqency. 9.04.20.11.060 Commencement of Use. The riqh~s qranted by the Use Permit shall be effeotive only when exercised wi~hin the period established as a condition of qrantinq the permit or, in the absence of such established time period, one (1) year from the date the permit becoines effective, This time ~imit may be extended by the Zoninq Administrator for qaod cause for a periad not to ~xceed six (5) 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 six (6) months following issuance of a Certi.fiaate of Occupancy. 9.04.2~.21.070 Revocation. The Zoning Administrator may, in exercise of his 4r her own discretian, ar upon the direction af the Planning Commission shall, revoke any appraved Use Permit in accordance with tha fallowing procedures: {a} A revocation hearing sha~l Yae held by the Zoninq Administrator. Notice of the hearing shall be published onae in a newspaper of genera~. circula~ion within the City and shall be served either in person ~ ^ ~. _~ - 15 - or by registered and an the permit to such hearing. a statement of th~ (b) After revoked by the mail on the owner of the property holder at least ten (10) days prior The notice of hearing shall aontain a speci~ic reasons for revocation. the hearing, a Use Permit may be Zaninq Administratar, or by the Planning CQmm~ss1011 on appeal or review, if any ane of the f o l lowinq f ind ings are made : (1) That the Use Permit was obtained by misrepresentation or fraud. (2} That the use for which the Ose Permit was granted has ceased cr has been suspended for six or more conseautive calendar months. (3) That the conditions of the permit have not been met, or the permit qranfied is being or has reaently been exercised aontrary to the ~erms of the approva~ ar in violation af a speci~fic statute, ordinance, law or requlation. (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. 9.04.24.11.080 Appeais. The approva~, aonditions af approval, denial, ar revocation af a Use Permit may be appealed to the Planning Commission within fourteen (i4) consecutive calendar days of the clate the decision is made in the manner pravided in ~- ~ - 16 - Part 9.04,20.24, Seations 9.D4.20.24.D10 throuqh 9.04.20.24.050. SECTION 11. Any provision of the Santa Monica Municipal Code a~ appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, 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 Drdinance is for any reasan held ta be in~alid or unconstitutional by a decisian of any court af any competent jurisdiction, such decisYOn sha~l not affect the validity af 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, claus~, or phrase nat declared invalid or unconstitutiona~ w~thout regard to whether any portion of the Ordinance would be subsequently declared invalid ar unconstitutional. SECTION ~3. The Mayor shal~ 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 afficial newspaper within 15 days after its adoption. This Ordinance shall became effective after 30 days from its adopt~on. APPROVED AS TO F~RM: -~ ~-, ~ ~ ~'~ f ~~. 4 ~/~f~' - 3OS PH LA~WRENCE Acti~g City Attorney - 17 - y ~ l, . J A~TACHIV~EIIT~' B ~EP-'?=1-' S~ 7H! i 12 ~ 4~, : L~: ~T~~~T ~'~i: ~vTE~J~I;i~ T~? ~~: k1~ E3.'~ ~9~?~ ##E~q . ~ 8 P~2 ~----- -- , ClT~ Q ~' c.. ~ . ~ G, , ' ~a~ssx~ ~~~;~.x~r~rrs - - -- . f3~ An~r news~tand whi~h in who~e or i~ part ~e~ts ~~~~, an or ovet any si~~wa~~ o~ p~rkway,`~~s1t c~mpi~+ with the ~c~l~awing ~tande~rdes - ~~1 ~1a n~ws~~t~ sh~ exc~d fivs ~ee~ in height, ~~v~nt~=ti~~ ~ ~~ iri wid~~ ~n~ ~hree f~L ~n de~~h* ex~pt tfigt ~~ ~Ct~d ~ ~~~ ~~ ed,~e~n~ ~o th~ ~w~ o~ a~rui~t~rg~ i~ a~~I ~~t ~~Ee~d ~s~ ~~~~ ~~ ~~ t.~e ~d~~r~ vr p~~~va~- ~y ~~re (~hga ~weaty . ix~~ ~~aa11 s~~ ex~ a~~~th a$ ~'~fty ~~e~~ ~c s h~i~~~ ~f e;~t~t ~., fe~t. ~.ma~d~ ~-y Ot~t. N~; ~~1.~, ~t~~ ~13~,~ ~ ~~! ~x~ept ~~r ~ new~si~nd es~e~~.ed ~d~~~~n~. !~i ~he e~all ~[ ~ . = . b~t~l~~t~g, n~ ~~wss~and ~~~I~ b~ placed l~ss ~~n twe~ve inc#~es nor . rr~or~ t~~~ ~~gh~aen i~che~ ~rarr~ t~~ ed~e o~ the cu~~,' , ` t~1 ~o n~~~~~~d ~hsfi be p~a~e~ ~r tt~ai~€ai~~c3 ~~ the ~i~~~-atk ar i ~~rk~v~y o~~aa~te ~~other ne~v~~tan~. . ~~j ~io ~e~t~, ch~ir, ra~ck, c~se, c~~opy. ~~vnin~, ~v~ri~a~~, ~r o~~er ~ . ~b~~~~ ~~~~~ be st~~a~~ed t~ i~~ ~~f,eri~r ,~f ~n~ n~ws~tsnd, ns~r ~~~~i - ar~y sr~ch c~~jec~ r~ber~ ~ttact~~d ~o ar~y par~ ~f ~ r~~w~~~~r~d b~ p~~- m~t~,ed #o exte~~ be~-$nt~ its ~xEerior ~~il. ~Ef ~o n~ws~t~nd sh~It ~ so p1~e~d 1~a~. t~~ ~~~~~r space t~r th~ F-" p$ss~ge u~ p~d~s~ri~ns upor~ ~.he sidev~-sI~ ~nd p~rkw~y i~ r€~du~ecl ta 1e~~ ~han ~ix ~'eet. ~F~ ~ewsst-aztds ~ha~ ~ saund~y ~ar~~trvct~ a~ w~. me#.a~ ar _ ~ _ o~her ~ustab~~ pe~rr~anen~ ~aa~eria~~ ~raint.~~ in ~ m~nner ~~d c~l~~ ~~ aa ~~~~ri~ by ~e B~ard v~ Pub~i~ ~ar~s. and rn~,in~in~ ~t aZI t~e,~} i~ a Cle~~, neat ~r~d ~~~~s~~i~~ ca~c~i~ian ~nd xn ~o~-d repalr ~nd, s~ to th~ ~a~trat fir~ffic I?ist~~t, as ~e~3n~d in ~tic~n 8~.~ -- Y..___ ____ _- ~f thi~ ~:ode, s~~~, n~ws~~,ands sh~Il be ~f t~e~i~ ~nd con~'~ruc~on--w------ r~ ~pprar•~ by ~e ~]e~a~rtm~at o~ ~u~tur~ A~fa~~. t~tnenc~et~ ~p [h~d. No. I8f,0~3, F~f. ~I 318~.~ . -• I~1 ~v ~~ea-~s~nd shall ae used t~~ a~~ert~sin~ s~~ns or p~t~licity -- p~~p~s~~ oi~e~ ~I~sn 6h~t d~~l~~~ ~•iL?~ f,~r~ ~ii~~lav. ~a~c r~r pur~ha~e Q~ fl~WS~tB~i~~'$ ~ti' it~w ~~~~(11~1Ce~~. _ " ~ ~HI ~a ~ew~stan~ s~~~~ be p~~ced withi~ ~hre~ ~e~t c~f ~ny at`e~~~~m~- pr~ved °~vith ~~wn. #taw~~s. ~hr~~s c~r t~ee~ c:r v,rit,~in t~ree fe~t ~~' _ 8~~ di~~~~y vrrin~l~~ a~f 8ny 1DUi~dir~~ ~~uL~1r~ ~.he Si.r~~~, nt i~-~ St~C~" . ~ n~~nr~~r ~~ tt~ ~m#~ed~ a~ ir~te~f~re ~vit~ ~.~~~ r~~~r~~t~~~~~ t~~e n~ fiuc~ - wind~w ~or ~i~~~8v ~~irp~c;~es, . ~~} j~~r n~~-~~~~n~ ~hali ~e €~t~~i~e~ fns th~ ~~I~. nr ~~I~r for s~1~, ~ar far ~he d%sp~e~* ~or ~a}e, o~ any ~r~icle vr item r~~~er tl~an ~+~~repm~r~ n~~g~i~es, p~iad~cats ~d a#.~er ~~re~itar ~~w~~~~~i. r ~t~b~is~t,iaa~s. t~.d~led ~~r Q~rd. Na4 I~et.[id~. ~~~. ~i! ~.~ . !a3 I+~e1vs~~ds. ~ ~e Ce~tra~'~'ra~~ic ~isl~ric~, a~ d~f~ned ~y ~ ~.itrx~ 8~;00 ~f ~hi9 C~de, al~~l b~ t~pen ~~d u~ilized ~or'#~usine~ a~- _ ~aes6 a~r ~ure a d~~. ~ve c~ays ~ we~k ~~d th~ ~o~c~~~ ~f ~~ ~. mi~ ~hs~t be ~~~en~ ~t t~e ne~astand $~d ~per~~~n~ i~ ~~~ae~f ~r ' ~a~~if~ seve~~y-f~ve perc~nt t'~5~vi of #,he ~im~ ~~, ~a oper~. ~r ~h€r~y ~~0~ hours s~ '+~ee~~ w~icHe~r~r is te~~. i~a~vec~ +~~ s~ch ~uirerr~nt ~ mev he ~~t~cl ~v thP Rs~rd c~f ~'u~T'rc V~~t~c~ f~-r ~qvod ~~u~. . - . . . _ - " ~i u v ,. ,~ ~~r_~~_}y~ TFi~ ~"2•~? iD;~'"~'~ET ;~~~i~iTCiJ~"JC~ TEL t-,~'~i3 ~1~- r'?.. ~r~J ~ . ~ .f~ ~ . ~ ~ ~c~n ~ ~ ~ ~~~'ART~i'T t~?P P[.T~L~C i~IORKS CI'f"Y ~~ ~135 l~I1~EL~5 ~ ~JR.~AD ~1~ ~T~E~`I ~SA~3'1°~~NAt~C~ STRE$T IISE 7.~TSPEC~~0~9 ~i'~~/7$I0~ 2~Q ~itf~~ ~tA~T ~T~ET ~ Rt~I I5 T6 (213} 485-37~I . r +~~~~ ~v ~`, J,,.--r_~_ F~IIT liJ. 1QS- P#~2~tIT '~ 3'l~iZll"~`AI~ A Z~WSSTANI) t?I~ T~~ ~LTB~,I~ SIDEwAL~ -- t , ~ , _ ~ L~sks~ ~aae ~ Firs~ ~~ae Hidtl~e ~,e~~ -- -- Homs~ Addr~sa City ~ig Telepiaon~ ~ . -- ~ - ~ -I~ocaC~.va Qf ~Ter,~a~~xtd - ~ ~ ~ .~~_~~,~___ari_~.~..__,.__~~__..~____~___,~; ! ~ F~~E~~ C~tT~EE'~ ~AT ~1) A~L OF ~ ST~I~TS ~~ H~RE~A~ AKE TRU~ AI~ CORRECT TO 1'~E B~S~ 0~' ~fY 1CNOWLEDGE; ,~D (Z) I L'NDERSTF~ ~iND I~Ii,,i~ G+~NEOI~i `s~ AND (~$L~ A~. ~F I'$8 ~Q~IIA~iTS O~ LDS lll4GELH~ MUl+~~~~PAa C~T~E SE~TIQR 4~ .~~} ~L~ITIYE TO ~{WSSTAl~~ ~ pU~I~I~ PitE?P~RTY. ~D ALL P$RT~N~14T RITi.ES Al~O SE~U~TI(~NS OI~ 'L7~E $~ '~11 ~SF I'~LIC WO~RS _ , 1~ - Dats ~ _ ~ Applic~nt°s S~gaattsr~ ~5~3 PE~T }l~JST B~ ~VA1~L~I.~ I~ClR I1+T&~~~TI~I~ 42~I DF•1~iA1+T~. P~T#i ~E FQI~-TI~A~TS~~ABLF . F.~FIk~S I~#AY 31. 19~ ~. _ _ .. ., _ .. ~ ~ ~ _ ~ _ _ _ ~ .~ _ ~ .~ .. ~ ~. ~ .. _ _ _ .. _ _ _ _ ,. _ -~ _ ~PPI[O~XVE~ BY: ~ y. '•~..W,.. ~3 ~ ~ ~T~.~i'~7i {7SE I~SgBCTZ~$~T I}~~t'ISI~}~1 ~ E~AI~ - ~ L; l; +. _ . a-ar:wwqwa• _ ! 1 ~~ ~1 u Yl~~ Y .C ~ ~ dFFICIAL NOTICE OF PUBLIC HEARING Subjeat of Hearing: Text Amendment 92-009, Citywide A Public Hearing will be h~ld by the City Council on the following request: Taxt Amendment to establish standards and permit requirements for outdoor newsstands in various commercial districts in the City. (Planner: D. Buckley) TIME: TUESDAY, JUNE 29, 1993 AT 6:30 P.M. L~CATION: COUNCIL CHAMBER, ROOM 213~ CITY HALL 1585 MAZN STREET SANTA MONICA, CALIFORNIA THE CITY OF SANTA MONICA ENCOURAGES PUBLIC CdMMENTS. INTERESTE~ PERSONS MAY COMMENT AT THE HEARING, OR BY WRITING A LETTER. Letters should be addressed to: Planning Division, Roam 212 1685 Main Street Santa Monica, California 90401 Attn: {Drummond Buckley) Addit.ional informat.ivn may b~ obtained from the Planning Division a~ the address above or by callzng (310) 458-834Z. The meeting facility is handicapped accessible. zf you have any special needs such as sign language interpreting, please contact the ~ffice of the Disab~ed at (310) 458-8701. Pursuant to California Government Coda Section 65009(b), if this matter is subsequently challenged in Court~ th~ cha~~enge ~aay be ~.imited to only thase issues raised at the Public Hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the Public Hearing. Esto es una noticia de una audencia publica para revisar applicaciones proponienda desarrollo en Santa Monica. Si deseas mas informacion, favor de llamar a Elsa Gonzalez en la Division de Plantificacion al numero (310) 458-834~. - 1 - ~ t PCWORD/newsad APPROVED AS TO F~RM: D. KENYON WEBSTER Planning Manager - 2 - A~AC~ME~T' D :~~__ ~ P&Z:DIiW:DB:pa92009a Santa Monica, Califarnia Planning Commission Mtg: April 7, 1993 T0: The Honorab~e Planning Commissian FROM: Planning Staff SUBJECT: Text Amendment 92-Oa9 Address: Citywide INTR~DUCTIQN Action: Text An~endment to establish standards and permitting requirements for outdoor newsstands in various commercial dis- tricts throughout the City. Recommendation: Recomm~ndation of approval to City Council. Permit streamlining Expiration Date: None. PROJECT DESCRIPTION The proposed Text Amendment would allow autdoor newsstands "by right" in the C3 (Downtown Commercial) and C3C (Downtown Commer- cial Overlay) Districts and with a Use Permit in the RVC (Residential Visitor Commercial), BCD (Broadway Cammercial), C2 (Neighborhaod Commercial), C4 (Highway CoYnmercial), C6 (Broadway Commercial), and CM (Main Street Commercial) Districts. The pro- posed Text Amendment would further provide minimum standards for outdoar newsstands and amend Section 9,~4,1D,~2,34~, "Permitted autdaor Uses," to include newsstands. MUNICIPAL CODE AND GENERAL PLAN CONF4RMANCE The proposed project is consistent with the General. Plan. CEQA STATUS The proposed Text Amendment is categorically exempt from the pra- visians of the Califo~nia En~ironmental Q~ality Act pursuant to class 5(10) of the City af Santa Monica Guidelin~s far the Im- plementation of CEQA. PUBLIC N4T~FICATIQN Because this proposa~ is not site-specific, no radius map, signage or mailing notification is required. A legal notice was published in the Outlook and staff has notified the Neighborhood Support Center of the proposed Text Amendment. -i- _, ANALYSIS Background This Text Amendment was initiated at the request 4f the City Council. The Resolution of Intention was approved by the Plan- ning Commission on January 20, 1993. The existing Zoning Ordinance does not permit outdaor newsstands. Section 9.04.10.02.344, "Permitted ~utdoor Uses," reads ae foilows: 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: (a) Drive-in and drive-through restaurants. (b) Patio tab~es, chairs, umbrellas, and similar outdoor accessaries used in conn~ction with a restaurant. (c) Vending machines, including waighing sca~es, when accessory to a business conducted within a building. (d) Border materials, ~lower pots, trellises, and the like, provided they are accessory to a retail plant nurs- ery and do not exceed 15~ of the inventory of the nursery business. (e) Automobile dealership display and storage lats. (f) Outdoar vending ar display when otherwise per~itted by this cade. Because outdoor newsstands ar~ neither called out in Sectian 9.04.10.02.340 nar mentioned within the "permitted uses" sections of any of the City's zoning districts, outdoor newsstands are not a permitted use. Furthermore, Section 9,04.10.02.34o specifies that outdoor uses are permitted on private property only, whereas it is contemplated that outdoor newsstands would be permitted on both private and public praperty if certain minimum standards could be met. Praposed Amendment The proposed amendment would accomplish three primary goals. First, it would establish newsstands as a permitted outdoor use ~nder Section 9.04.10.02.340. Secondly, it wou~d establish out- daor newsstands as under either the "Permitted" or "Uses subject ta a use permit" sections in various commercial districts throughout the City. Finally, it would establish specific develapment standards required for outdoor newsstands. Sta~f recommends the following amendment to Section 9.04.10.02.340 (bold indicates new text): The following uses, if identified as a permitted use in the district, sha~I be permi.tted outside of an enclosed building provided they are en~irely on private property ar on public property when otherwise permitted by this aode: - 2 - (a} Drive-in and dri~e-through restaurants. (b) Patio tables, chairs, umbrellas, and similar outdoor accessories used in connection with a restaurant. (cy Vending machines, including weighing scales, when accessory to a business conducted within a building. (d) Border materials, flawer pots, trellises, and the Zike, provided they are accessory to a retail plant nurs- ery and do not exceed 15~ of the in~antory of the nursery business. (e} Automobile dealership display and storage lots. (f) Outdoor vending or display when otherwise permitted by this code. (g) outdoor ne~sstands when otherwise permitted by this code. Staff further recom~ends that outdoor newsstands be permitted by right (requiring Adminiatrative Approval only) in the C3 and C3C Districts, as these zoning designations are located in the pedestrian-oriented, transit-served, high density downtown ar~a in which outdoor newsstand uses are most appropriate. In the BCD, C2, C4, C6, and CM Districts staff rec~mmQnds that outdoar newsstands be permitted with a Use P~rmit. A Use Permit is a permit reviewed and approved by the Zoning Ad- ministrator, or the Planning Cammission on appeal, which is ex- pected to be established as a Text Amendment by the City Council before this Text Amendment goes before the Council. A Use Permit would have the same noticing requirements as a Variance, and would be subject to special conditions at the discretion of the Zoning Administrator or the Planning Commission on appeal. Staff recQmmends that a new Part be created ta establish "Use Permit Specia~ Standards" which would contain standards which must be met for approva~ af certain Use Permit uses including outdoor newsstand usea. As a general retail type of use, the parking requirement far out- door newsstands would be ~ space per 300 square feet, as called out in Section 9.04.10.08.040 of tha Zoning ~rdinance. As the maximum outdoor newsstand would not exceed 2' ~ 50' with the pro- posed standards, the parking required would be zaro spaces based on the following calaulation: DIMENSION AREA $TANDARD N~. SPACES REQUZRED 2' X 50' = 100 s.f. 1:300 =.34 (less than .5, round down to zero spaces) In all commercial districts where they would be permitted (in- cluding C3 and C3C Districts), outdoor newsstands would be re- quired to comply with the following development standards: 9.XR.R%.X%% Outdoor Newsstands. The purpose of this 6ectian is to ensure that autdoor newsstands lacated in any permitted commarcial district shall not adverseiy impact surrounding uses and shall be - 3 - developed in a manner which enhances and protects the inteqrity o# the Di~trict. The followinq special conditions shall apply to outdoor newastands: (a) Praperty Deve~opment 8tandards. The outdoar newsstand shall comp~y with all praperty development standards of ~he commercial district in ~hich it is looated. {b) Maximum Size. No outdoar nemsstand shall exceed 2~ in depth, 50~ ia length, 8- in height, or 149 square feet in tatal floor area. (a) Miniraum Distance from Other ou~dcor Newastands. Na outdoor newsstand shall be located closer than 1,~00 fest to the nearest other outdoor newsstand. (d~ Outdvor Ne~sstands an Public Riqhts-of-Way. Prior to submittal of an application ~ar an outdoor newsstand, the applicant must abtain preliminary approvai from the Department of General Servic~s and the City Parking and Traffic Enqineer to ensure that public safety and pedestrian and vehicular traf€ic concerns are adequately addresse~. Fees shall be assessed for the use af public property. A minimum 8f pedestrian pa~h must be maintained between the the outdoor newsstand and the curb ar any ather pedestrian-obstructing object. If tha outdoor newsstand abuts the wa1Z of a private parcel, the aperator must have the permission of the the owner of the private parcel to vperate an outdoor newsstand in that locativn. (e) Maintenance and Desiqn. Outdoor ne~sstands shall be maintained at a11 timea in a clean, neat and attractive aonditicn nnd in good repair; shall be canstructed of a permanent material ta the satisfaatioa af the Huilding and 8afety Division; and ahall be af a desiqn appraved by the Architectural Review Board based on the quidelines contained in Chapter 9.32 of the Municipal Cade. (f) Advertisinq. Na outdoor ne~sstand shall be used for advertising siqns ar publicity purposas o~her than tha~ dealing with the display, sale or purchase of newspapers or periodicals, as appraved by the Architectural Review Board and as qoverned by Chapter 9.52 (sign Code) of the Municipal Code. {g) Plaaement. No outdoor newsstand shall be pZaced within three feet of any display window of any building abuttinq the stree~ or in such manner a~ to ~mpede o= interfere with the reasonable use of such ~indow for display purposes. (h) IIse. No outdoo= newss~and ~hall be utilized for the sale, nor for the display for sale, of any article or item other than newspapers, magazines, periadical~ and ather similar newsprint publicatioas. - 4 - The proposed development standards are intended to enhance the benetits af outdaor newsstands while limiting the n~ga~ive impacts. In formulating these standards, planning staff reviewed the standards for outdoor newsstands in the City of Los Angeles and worked with staff from other City of Santa Monica divisions. General Plan ConFarmance The proposed Text Amendment is aansistent with citywide Objective 3.3 of the Land Use and Circulation Element ~f the General Plan (LUCE), which states that the City shall "enhance the pedestrian scale and charactar of streets and public spaCBS" with policies that "maximize provision of pedestrian amenities at the ground floor street frontage, such as frequent entrances and windaws, awnings, arcades, and paseos" (Policy 3.3.1y and policies which "allow kiosks and vendors where appropriate by permit" (Policy 3.3.5). With the exception of the C5 (Special Office) District, the Land Use and Circulation Eiement emphasizes pedeatrian amenities in al~ commercial districts, including "commercial carridors" such as the C4 District. The proposed text amendmant is consistent with these goals. Specific P1an Conformance The proposal to allow newsstands by right in the C3C District is not in conflict with the Third Street Mall Specific Plan. The Specific Plan does not call out newsstands as a permitted or prohibited use. Therefore, the standard allowing newsstands in the C3C District would pre~ail. Conclusion The praposed Text Amendment will aYlow a use which wil~ enhance the pedestrian character of the City and which is in conformance with the General Pian, Therefore, staff reco~mends that the Planning Commission recommend approva~ to the City Council. RECOMMENDATI~N It is recommended that the Planning Commission recommend approval of Text Amendment 92-009 to the City Council based an the follaw- ing findings: FYND~NGS: l. The proposed Text Amendment is consistent in principal with the goals, objectives, policies, land uses, and pro- grams specified in the adopted General P~an, in that it is consistent with Land Use and Circulation Element Objective 3.3, which states that the City shauld enhance pedestrian character and scale of public spaces and Policies 3.3.1 and 3.3.5 which state that the City should maximi2e graund-floor pedestrian amenities and a~low kiosks and vendors by permit where appropriate. - 5 - 2. The public health, safety, and general welfare requires the adoptian of the proposed amendment, in that the amend- ment allows expanded oppartun~ties to enhance the pedestrian scale and character of public spaces in Santa Manica. Prepared by: Drummond Buckley, Associate Planner Attachments: A. Proposed Text Amendment B. City of Los Angeles Newsstand Standards C, Notice of Public Hearing DB PC/pa92d09 03/30/93 - 6 - A~'ACHME~ITT E P~AN~I~G C4MMISSIOH STA7EMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: TA 92-009 LOCATION: Gitywide CAS~ PLA~NER: Drummond Buckley, Associate Planner CEQA 57ATUS: Categarically Exempt pursuant to Class 5(10) of the City of Santa Manlca Guidelines to t~e Implementation of CEQA PLANNING COMMISSIO~ ACTION 4-7-93 Date. Approved based an t~e following findings and sub~ect ta tne conditions below. Denied. X Other. ~ecomnendation that City Council approve the proposed Text Amendm~nt. FINQINGS 1. The prapased 7ext Amendment is consistent in princlpal with the gaa~s, objectives, palic~es, land uses, and programs s~ecified i~ the adopted Generai Plan, in tnat ~t is cansistent with Land Use a~d C~rculation Element Objective 3.3, whic~ states that the City should enhance pedestr~an character and scale of public spaces and Pai~c~es 3.3.I and 3.3.5 which state that the City should max~miz~ graund-floor p~destrian amenit~es an~ al~ow ~i05kS and vendors by permit w~ere appropr~ate. 2. The public health, safety, and general welfare requires the adapt~on of the proposed amendment, in that the amendment allows expanded oppor- tunities to ~nhanc~ the pedestrian scale and character af public spaces in 5anta Monica. VOTE Ayes: 0'Connor, ~~echur, Parlee, Po]hemus, Pyne Nays; Abstain: AbsEnt: Gilpin, Morales -1- , - _ t N~TTrF If this is a fina~ decision not subject to further appeal under the City of 5anta Monica Comprehensive Land ~se and Zoning Ordinance, the time within wh~ch ~udiclal r~view of this deczsion must be soaght is governed by Code of Civil procedure Section I094.b, which provis~o~ haS been adopted by t~e C~ty pursuant to Municipal Code Section 1400. I hereby certify that this Statement of Official Action accurateTy reflects the ~~nal determinatio~ of the Planning Commission of the City of Santa Monica. signature Ralph Mech~r, Chairperson ~lease Print Name and tit]e PC/newstoa DKW:bz date _ 2 _ ' ,. ,