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
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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.
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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
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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
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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)
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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
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(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.
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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
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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
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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
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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
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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.
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(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.
., ~
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(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.
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(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.
„
,
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(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
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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.
~
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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
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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.
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(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.
.~~,
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(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 -
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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~~
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~s~ ~~~~ ~~ ~~ t.~e ~d~~r~ vr p~~~va~- ~y ~~re (~hga ~weaty
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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~. .
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~b~~~~ ~~~~~ be st~~a~~ed t~ i~~ ~~f,eri~r ,~f ~n~ n~ws~tsnd, ns~r ~~~~i
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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~.~ . -•
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_ _ .. ., _ .. ~ ~ ~ _ ~ _ _ _ ~ .~ _ ~ .~ .. ~ ~. ~ .. _ _ _ .. _ _ _ _ ,. _ -~ _
~PPI[O~XVE~ BY:
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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.
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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.
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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
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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
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_ 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
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