O2192
f:atty\muni\laws\barry\sidewalkcafes7 -11-062d.doc
City Council Meeting 7-11-06 Santa Monica, California
ORDINANCE NUMBER 2192 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING THE SANTA MONICA ZONING ORDINANCE TO
AUTHORIZE FOOD SERVING BUSINESSES TO ESTABLISH ANCILLARY
SIDEWALK DINING CAFES OF UP TO 200 SQUARE FEET IN AREA WITHOUT
PROVIDING REQUIRED PARKING IN THE RVC, BCD, BSCD, C2, C3, C3-C, C4, C6,
CM AND C-P ZONING DISTRICTS
WHEREAS, an economic downturn in previous years prompted the City Council
to adopt Interim Ordinance Number 2083(CCS) in June 24, 2003 to permit sidewalk
dining up to 200 square feet in area without providing code required parking; and
WHEREAS, this interim ordinance also modified the application review process
reducing the time and money needed to process an application for sidewalk dining; and
WHEREAS, this interim ordinance was later extended by Interim Ordinances
Nos. 2088 (eeS) and 2127 (CCS); and
WHEREAS, restaurants serve a critical role in the vitality of the City's commercial
districts, provide an important source of tax revenue, and are essential to the overall
health of the local economy; and
WHEREAS, sidewalk dining can be an important component of a restaurant's
operations since it provides dining opportunities that take advantage of the City's
moderate climate and enhances the overall ambiance of the City; and
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WHEREAS, the City's current Zoning Ordinance allows the establishment of
sidewalk dining in all commercial districts and the RVC district subject to the approval of
a Performance Standard Permit ("PSP") and either a licensing agreement or a sidewalk
use permit; and
WHEREAS, Santa Monica Municipal Code Section 9.04.12.120 establishes the
general zoning requirements which govern sidewalk cafes with specific design
guidelines also being developed for uses along the Promenade, Transit Mall, and
Ocean Avenue; and
WHEREAS, the Zoning Ordinance contains two restrictions that impact the
establishment of new sidewalk dining - the parking requirements that must be met and
the need for a PSP; and
WHEREAS, requiring an existing business to locate additional parking or obtain a
parking variance is extremely difficult and requiring a small sidewalk cafes to obtain a
PSP is unnecessary given the exacting standards that must be met; and
WHEREAS, on April 5, 2006, the Planning Commission held a public hearing to
adopt a Resolution of Intention which stated the Commission's intention to recommend
modification to the City's Zoning Ordinance to the City Council; and
WHEREAS, on May 3, 2006, the Planning Commission held a public hearing on
the proposed text amendment and recommended that the City Council approve the
proposal; and
WHEREAS, the City Council considered the proposed ordinance on June 27,
2006; and
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WHEREAS, the proposed amendments are consistent in principle with the goals,
objectives, policies, land uses and programs specified in the adopted General Plan,
more specifically, Land Use Element Objective 1.6 which states that the City's land use
policies should seek to "accommodate commercial uses which serve regional,
community, and local needs while respecting the adjacent residential neighborhoods"
and Land Use Element Objective 1.1 which seeks to improve the quality of life for all
residents by providing a balance of land uses; and
WHEREAS, the proposed ordinance will eliminate unnecessary barriers to the
establishment of modest outdoor dining cafes and thereby assist the economic viability
of restaurants; and
WHEREAS, sidewalk cafes create an atmosphere that improves the pedestrian
experience, creates a more community focused environment, takes advantage of the
City's moderate climate and enhances the overall ambiance of the City; and
WHEREAS, the public health, safety and general welfare require the adoption of
the proposed amendment in that the proposed amendment would help preserve the
City's economic and social welfare in that restaurants serve a critical role in the vitality
of the City's commercial districts, provide an important source of tax revenue, and are
essential to the overall health of the local economy; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.04.08.12.020 is hereby
amended to read as follows:
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Section 9.04.08.12.020. Permitted uses.
The following uses shall be permitted in the RVC
District, if conducted within an enclosed building, except
where otherwise permitted:
(a) Arts and crafts shops;
(b) Camera shops;
(c) Congregate housing;
(d) Convention and conference facilities;
(e) Domestic violence shelters;
(f) Entertainment and cultural uses;
(g) Gift or souvenir shops;
(h) Libraries;
(i) Marine oriented uses such as aquariums;
U) Museums;
(k) Neighborhood grocery stores;
(I) Single-family dwellings placed on a permanent
foundation (including manufactured housing);
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(m) Multifamily dwellings;
(n) Nightclubs within hotels;
(0) Retail uses that cater to the visiting public;
(p) Public parks and playgrounds;
(q) Residential uses existing at the time of
adoption of this Chapter;
(r) Restaurants;
(s) Schools;
(t) Senior housing;
(u) Senior group housing;
(v) Sidewalk cafes not more than 200 square feet
in area, subject to the limitations contained in Section
9.04.10.02.460.
(w) Single room occupancy housing;
(x) Skating rinks;
(y) Snack shops;
(z) Swim and health clubs;
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(aa) Transitional housing;
(bb) Outdoor public utilities and maintenance
service yards;
(cc) The following uses if conducted on the Santa
Monica Pier or along The Promenade:
(1 ) Bait shops and fishing supplies,
(2) Exhibitions and games,
(3) Fish markets,
(4) Marine service stations and boat landings on
the Pier only,
(5) Night clubs,
(6) Sport fishing;
(dd) Accessory uses which are determined by the
Zoning Administrator to be necessary and customarily
associated with, and are appropriate, incidental, and
subordinate to, the principal permitted use;
(ee) Other uses determined by the Zoning
Administrator to be similar to those listed above and which
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are consistent and not more disruptive or disturbing than
permitted uses.
SECTION 2.Santa Monica Municipal Code Section 9.04.08.12.030 is hereby
amended to read as follows:
Section 9.04.08.12.030. Uses subject to
performance standards permit.
The following uses may be permitted in the RVC
District subject to the approval of a Performance Standards
Permit:
(a) Automobile rental agencies.
(b) Sidewalk cafes that exceed 200 square feet in
area.
(c) Game Arcades.
SECTION 3.Santa Monica Municipal Code Section 9.04.08.14.020 is. hereby
amended to read as follows:
Section 9.04.08.14.020. Permitted uses.
The following convenience goods and service type
uses shall be permitted in the Broadway Commercial District,
if conducted within an enclosed building (except where
otherwise permitted):
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(a) Appliance stores.
(b) Appliance or electronic repair shops.
(c) Art galleries.
(d) Artist studios.
(e) Barber or beauty shops.
(f) Child day care centers.
(g) Cleaners.
(h) Congregate housing.
(i) Domestic violence shelters.
U) Drugstores.
(k) Food stores.
(I) General offices above the first floor.
(m) Hardware stores.
(n) Homeless shelters with less than fifty-five
beds.
(0) Laundromats.
(p) Libraries.
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(q) Medical, dental, and optometrist offices,
provided that the use does not exceed twenty-five percent of
total square footage of the building or three thousand square
feet, whichever is less.
(r) Multifamily dwelling units.
(s) Offices and meeting rooms for charitable,
youth and welfare organizations.
(t) Places of worship.
(u) Public parks and playgrounds.
(v) Photocopy shops.
(w) Plant nurseries (provided all supplies, except
planted stock are kept entirely within an enclosed building).
(x) Restaurants of fifty seats or less.
(y) Schools.
(z) Senior group housing.
(aa) Senior housing.
(bb) Sidewalk cafes not more than 200 square feet
in area, subject to the limitations contained in Section
9.04.10.02.460.
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(cc) Single-family dwelling units.
(dd) Single-room occupancy housing.
(ee) Specialty offices.
(ff) Tailors.
(gg) Transitional housing.
(hh) Accessory uses which are determined by the
Zoning Administrator to be necessary and customarily
associated with, and are appropriate, incidental, and
subordinate to, the principal permitted uses and which are
consistent with and no more disturbing or disruptive than
permitted uses.
(ii) Other uses determined by the Zoning
Administrator to be similar to those listed above which are
consistent with and no more disturbing or disruptive than
permitted uses.
SECTION 4.Santa Monica Municipal Code Section 9.04.08.14.030 is hereby
amended to read as follows:
Section 9.04.08.14.030. Uses subject to
performance standards permit.
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The following uses may be permitted in the Broadway
Commercial District subject to approval of a Performance
Standards Permit:
(a) Automobile storage lots associated with
automobile dealerships selling new vehicles on the effective
date of this Chapter. Existing automobile storage lots shall
comply with Section 9.04.12.100 within three years from the
effective date of this Chapter.
(b) Large family day care homes.
(c) Sidewalk cafes that exceed 200 square feet in
area.
SECTION 5.Santa Monica Municipal Code Section 9.04.08.15.020 is hereby
amended to read as follows:
Section 9.04.08.15.020. Permitted uses.
(1 ) The following uses shall be permitted in the
BSC-1 portion of the BSC District, provided that any such
use shall obtain a use permit pursuant to Section
9.04.08.15.035 if its Third Street Promenade first-floor
frontage exceeds fifty feet. All uses shall be conducted within
an enclosed building, except where otherwise specified:
(a) Art galleries.
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(b) Artist studios above the first floor and at the
rear seventy-five feet of a parcel.
(c) Bakeries.
(d) Barber or beauty shops.
(e) Business colleges.
(f) Child day care centers.
(g) Cleaners.
(h) Congregate housing.
(i) Cultural facilities.
U) Dance studios.
(k) Domestic violence shelters.
(I) Exercise facilities.
(m) General offices above the first floor and in the
rear seventy-five feet of a parcel.
(n) General retail.
(0) Homeless shelters with less than fifty-five
beds.
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(p) Medical, dental and optometrist clinics and
laboratories above the first floor and in the rear seventy-five
feet of a parcel.
(q) Multi-family dwelling units.
(r) Museums.
(s) Outdoor newsstands.
(t) Pawnbrokers.
(u) Photocopy shops.
(v) Places of worship.
(w) Restaurants, subject to the limitations
contained in Section 9.04.08.15.080.
(x) Senior group housing.
(y) Senior housing.
(z) Sidewalk cafes, subject to the provisions of the
Outdoor Dining Standards for the Third Street Promenade,
approved by resolution of the City Council, and subject to the
limitations contained in Section 9.04.08.15.080.
(aa) Single-room occupancy housing.
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(bb) Tailors.
(cc) Trade schools.
(dd) Transitional housing.
(ee) Accessory uses which are determined by the
Zoning Administrator to be necessary and customarily
associated with and appropriate, incidental, and subordinate
to, the principal permitted uses and which are consistent and
not more disturbing or disruptive than permitted uses.
(ff) Other. uses determined by the Zoning
Administrator to be similar to those listed above and which
are consistent and not more disturbing or disruptive than
permitted uses.
(2) The following uses shall be permitted in the
BSC-2, BSC-3 and BSC-4 portions of the BSC District. All
uses shall be conducted within an enclosed building, except
where otherwise specified:
(a) Art galleries.
(b) Artist studios above the first floor.
(c) Appliance repair shops.
(d) Bakeries.
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(e) Banks and savings and loan institutions.
(f) Barber or beauty shops.
(g) Business colleges.
(h) Child day care centers.
(i) Cleaners.
U) Congregate housing.
(k) Cultural facilities.
(I) Dance studios.
(m) Domestic violence shelters.
(n) Exercise facilities.
(0) General offices above the first floor and in the
rear seventy-five feet of a parcel.
(p) General retail.
(q) Homeless shelters with less than fifty-five
beds.
( r) Laundromats.
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(s) Medical, dental and optometrist clinics and
laboratories above the first floor and in the rear fifty feet of a
parcel.
(t) Multi-family dwelling units.
(u) Museums.
(v) Outdoor newsstands.
(w) Pawnbrokers.
(x) Party equipment rentals.
(y) Photocopy shops.
(z) Places of worship.
(aa) Restaurants, subject to the limitations
contained in Section 9.04.08.15.080.
(bb) Senior group housing.
(cc) Senior housing.
(dd) Sidewalk cafes not more than 200 square feet
in area, subject to the limitations contained in Sections
9.04.10.02.460 and 9.04.08.15.080.
(ee) Single-room occupancy housing.
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(ff) Tailors.
(gg) Theaters.
(hh) Trade schools.
(ii) Transitional housing.
Uj) Accessory uses which are determined by the
Zoning Administrator to be necessary and customarily
associated with and appropriate, incidental, and subordinate
to, the principal permitted uses and which are consistent and
not more disturbing or disruptive than permitted uses.
(kk) Other uses determined by the Zoning
Administrator to be similar to those listed above and which
are consistent and not more disturbing or disruptive than
permitted uses.
SECTION 6.Santa Monica Municipal Code Section 9.04.08.15.030 is hereby
amended to read as follows:
Section 9.04.08.15.030. Uses subject to
performance standards permit.
(1 ) The following uses may be permitted in the
BSC-1 portion of the BSC District subject to the approval of
a performance standards permit:
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(a) None.
(2) The following uses may be permitted in the
BSC-2, BSC-3 and BSC-4 portions of the BSC District
subject to the approval of a performance standards permit:
(a) Sidewalk cafes that exceed 200 square feet in
area, subject to the limitations contained in Section
9.04.08.15.080.
SECTION 7.Santa Monica Municipal Code Section 9.04.08.16.020 is hereby
amended to read as follows:
Section 9.04.08.16.020. Permitted uses.
The following convenience goods and service type
uses shall be permitted in the C2 District, if conducted within
an enclosed building, except where otherwise permitted:
(a) Appliance stores.
(b) Appliance repair shops.
(c) Art galleries.
(d) Artist studios above the first floor.
(e) Branch offices of banks or savings and loan
institutions.
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(f) Barber or beauty shops.
(g) Child day care centers.
(h) Cinema buildings in existence since May 23,
2000.
(i) Cleaners.
U) Congregate housing.
(k) Domestic violence shelters.
(I) General offices above the first floor; and on the
ground floor for parcels located at least one hundred fifty feet
from Montana Avenue, Ocean Park Boulevard, or Pico
Boulevard.
(m) General retail and specialized retail uses.
(n) Homeless shelters with less than fifty-five
beds.
(0) Laundromats.
(p) Libraries.
(q) Multifamily dwelling units.
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(r) Offices and meeting rooms for charitable,
youth, and welfare organizations.
(s) Photocopy shops.
(t) Places of worship.
(u) Plant nurseries (provided all supplies, except
planted stock, are kept entirely within an enclosed building).
(v) Restaurants of fifty seats or less and at which
no alcohol is served or consumed.
(w) Schools.
(x) Senior group housing.
(y) Senior housing.
(z) Shoe repair stores.
(aa) Sidewalk cafes not more than 200 square feet
in area, subject to the limitations contained in Section
9.04.10.02.460.
(bb) Single-family dwelling units.
(cc) Single-room occupancy housing.
(dd) Specialty offices.
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(ee) Tailors.
(ff) Theaters with fewer than seventy-five seats.
(gg) Transitional housing.
(hh) Accessory uses which are determined by the
Zoning Administrator to be necessary and customarily
associated with, and appropriate, incidental, and subordinate
to, the principal permitted uses and which are consistent with
and no more disturbing or disruptive than permitted uses.
(i i) Other uses determined by the Zoning
Administrator to be similar to those listed above which are
consistent with and no more disturbing or disruptive than
permitted uses.
SECTION a.Santa Monica Municipal Code Section 9.04.08.16.030 is hereby
amended to read as follows:
Section 9.04.08.16.030. Uses subject to
performance standards permit.
The following uses may be permitted in the C2 District
subject to the approval of a Performance Standards Permit:
(a) Large family day care homes.
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(b) Sidewalk cafes that exceed 200 square feet in
area.
SECTION 9.Santa Monica Municipal Code Section 9.04.08.18.020 is hereby
amended to read as follows:
Section 9.04.08.18.020. Permitted uses.
The following convenience goods and service type
uses shall be permitted in the C3 District, if conducted within
an enclosed building, except where otherwise permitted:
(a) Art galleries.
(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 colleges.
(h) Cleaners.
(i) Child day care centers.
U) Congregate housing.
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(k) Dance studios.
(I) Domestic violence shelters.
(m) Electric distribution substations.
(n) Exercise facilities.
(0) General offices.
(p) General retail and specialized retail uses.
(q) Homeless shelters with less than fifty-five
beds.
(r) Hotels and motels.
(s) Laundromats.
(t) Medical, dental and optometrist clinics and
laboratories.
(u) Medical equipment rentals.
(v) Multifamily dwelling units.
(w) Museums.
(x) Outdoor newsstands.
(y) Party equipment rentals.
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(z) Photocopy shops.
(aa) Places of worship.
(bb) Restaurants.
(cc) Senior group housing.
(dd) Senior housing.
(ee) Sidewalk cafes not more than 200 square feet
in area, subject to the limitations contained in Section
9.04.10.02.460.
(ff) Single-family dwelling units.
(gg) Single-room occupancy housing.
(hh) Tailors.
(ii) Theaters.
Uj) Trade schools.
(kk) Transitional housing.
(II) Variety stores.
(mm) Accessory uses which are determined by the
Zoning Administrator to be necessary and customarily
associated with and appropriate, incidental, and subordinate
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to, the principal permitted uses and which are consistent and
not more disturbing or disruptive than permitted uses.
(nn) Other uses determined by the Zoning
Administrator to be similar to those listed above and which
are consistent and not more disturbing or disruptive than
permitted uses.
SECTION 10.Santa Monica Municipal Code Section 9.08.18.030 is hereby
amended to read as follows:
Section 9.04.08.18.030. Uses subject to
performance standards permit.
The following uses may be permitted in the C3 District
subject to the approval of a Performance Standards Permit:
(a) Automobile rental agencies.
(b) Automobile parking lots.
(c) Sidewalk cafes that exceed 200 square feet in
area.
SECTION 11.Santa Monica Municipal Code Section 9.04.08.20.020 is hereby
amended to read as follows:
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Section 9.04.08.20.020. Permitted uses.
The following convenience goods and service type
uses shall be permitted in the C-3C District, if conducted
within an enclosed building, except where otherwise
permitted:
(a) Art galleries.
(b) Artist studios above the first floor.
(c) Appliance repair shops.
(d) Bakeries.
(e) Banks and savings and loan institutions.
(f) Barber or beauty shops.
(g) Business colleges.
(h) Child day care centers.
(i) Cleaners.
U) Congregate housing.
(k) Cultural facilities.
(I) Dance studios.
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(m) Domestic violence shelters.
(n) Electric distribution substations.
(0) Exercise facilities.
(p) General offices above the first floor and first
floor offices not at the street frontage.
(q) General retail.
(r) Health equipment rentals.
(s) Homeless shelters with less than fifty-five
beds.
(t) Exercise facilities.
(u) Laundromats.
(v) Medical, dental and optometrist clinics and
laboratories.
(w) Multifamily dwelling units.
(x) Museums.
(y) Outdoor newsstands.
(z) Party equipment rentals.
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(aa) Photocopy shops.
(bb) Places of worship.
(cc) Restaurants.
(dd) Senior group housing.
(ee) Senior housing.
(ff) Sidewalk cafes not more than 200 square feet
in area, subject to the limitations contained in Section
9.04.10.02.460.
(gg) Single-family dwelling units.
(hh) Single-room occupancy housing.
(ii) Small appliance stores.
Uj) Tailors.
(kk) Theaters.
(II) Trade schools.
(mm) Transitional housing.
(nn)Variety stores.
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(00) Accessory uses which are determined by the
Zoning Administrator to be necessary and customarily
associated with, and appropriate, incidental, and subordinate
to, the principal permitted uses and which are consistent and
not more disturbing or disruptive than permitted uses.
(pp) Other uses determined by the Zoning
Administrator to be similar to those listed above and which
are consistent and not more disturbing or disruptive than
permitted uses.
SECTION 12.Santa Monica Municipal Code Section 9.04.08.20.030 is hereby
amended to read as follows:
Section 9.04.08.20.030. Uses subject to
performance standards permit.
The following uses may be permitted in the C3-C
District subject to the approval of a performance standards
permit:
(a) Automobile rental agencies.
(b) Sidewalk cafes that exceed 200 square feet in
area.
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SECTION 13.Santa Monica Municipal Code Section 9.04.08.22.020 is hereby
amended to read as follows:
Section 9.04.08.22.020 Permitted uses.
The following uses shall be permitted in the C4
District, if conducted within an enclosed building, except
where otherwise permitted:
(a) Ambulance service.
(b) Appliance repair shops.
(c) Artist studios above the first floor.
(d) Automatic ice dispensing machine which need
not be in an enclosed building.
(e) Bakeries.
(f) Banks and savings and loan institutions.
(g) Barber or beauty shops.
(h) Bowling alleys.
(i) Business colleges.
U) Child day care centers.
(k) Cleaners.
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(I) Congregate housing.
(m) Dance studios.
(n) Domestic violence shelters.
(0) Electrical shops.
(p) Electric distribution substations.
(q) Funeral parlors or mortuaries.
(r) General offices.
(s) General retail and specialized retail uses.
(t) Homeless shelters with less than fifty-five
beds.
(u) Laundromats.
(v) Medical, dental and optometrist clinics and
laboratories.
(w) Medical equipment rentals.
(x) Multifamily dwelling units.
(y) Public parks and playgrounds.
(z) Party equipment rentals.
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(aa) Photocopy shops.
(bb) Places of worship.
(cc) Plant retail stores.
(dd) Real estate offices.
(ee) Restaurants of fifty seats or less.
(ff) Senior group housing.
(gg) Senior housing.
(hh) Sidewalk cafes not more than 200 square feet
in area, subject to the limitations contained in Section
9.04.10.02.460.
(ii) Sign painting shops.
Uj) Single-family dwelling units.
(kk) Single-room occupancy housing.
(II) Skating rinks.
(mm) Tailors.
(nn)Trade schools.
(00) Transitional housing.
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(pp) Variety stores.
(qq) Accessory uses which are determined by the
Zoning Administrator to be necessary and customarily
associated with, and appropriate, incidental, and subordinate
to, the principal permitted uses and which are consistent and
are no more disruptive or disturbing than permitted uses.
(rr) Other uses determined by the Zoning
Administrator to be similar to those listed above and which
are consistent and no more disruptive or disturbing than
permitted uses.
SECTION 14.Santa Monica Municipal Code Section 9.04.08.22.030 is hereby
amended to read as follows:
Section 9.04.08.22.030. Uses subject to
performance standards permit.
The following uses may be permitted in the C4 District
subject to the approval of a Performance Standards Permit:
(a) Automobile Rental Agencies.
(b) Expansion of existing automobile dealerships
of up to ten percent, but not exceeding an additional five
thousand square feet.
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(c) Service stations.
(d) Sidewalk cafes that exceed 200 square feet in
area.
SECTION 15.Santa Monica Municipal Code Section 9.04.08.26.020 is hereby
amended to read as follows:
Section 9.04.08.26.020. Permitted uses.
The following convenience goods' and service type
uses shall be permitted in the C6 District, if conducted within
an enclosed building, except where otherwise permitted:
(a) Appliance repair shops.
(b) Art galleries.
(c) Artist studios above the first floor.
(d) Automatic ice dispensing machines which need
not be in an enclosed building.
(e) Bakeries.
(f) Banks and savings and loan institutions.
(g) Barber or beauty shops.
(h) Business colleges.
34
(i) Child day care centers.
U) Cleaners.
(k) Clubs and lodges.
(I) Congregate housing.
(m) Cultural facilities.
(n) Dance studios.
(0) Domestic violence shelters.
(p) Electric distribution substations.
(q) Enclosed storage facilities.
( r) Exercise facilities.
(s) Funeral parlors or mortuaries.
(t) General offices.
(u) General retail and specialized retail uses.
(v) Homeless shelters with less than fifty-five
beds.
(w) Laundromats.
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(x) Medical, dental and optometrist clinics and
laboratories.
(y) Medical equipment rentals.
(z) Multifamily dwelling units.
(aa) Party equipment rentals.
(bb) Places of worship.
(cc) Photocopy shops.
(dd) Real estate offices.
(ee) Restaurants.
(ff) Senior group housing.
(gg) Senior housing.
(hh) Sidewalk cafes not more than 200 square feet
in area, subject to the limitations contained in Section
9.04.10.02.460.
(ii) Sign painting shops.
Uj) Single-family dwelling units.
(kk) Single-room occupancy housing.
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(II) Small appliance repair shops.
(mm) Tailors.
(nn)Theaters.
(00) Trade schools.
(pp) Transitional housing.
(qq) Accessory uses which are determined by the
Zoning Administrator to be necessary and customarily
associated with, and appropriate, incidental, and subordinate
to, the principal permitted uses and which are consistent and
are no more disruptive or disturbing than permitted uses.
(rr) Other uses determined by the Zoning
Administrator to be similar to those listed above and which
are consistent and no more disruptive or disturbing than
permitted uses.
SECTION 16.Santa Monica Municipal Code Section 9.04.08.26.030 is hereby
amended to read as follows:
Section 9.04.08.26.030. Uses subject to
performance standards permit.
The following uses may be permitted in the C6 District
subject to the approval of a Performance Standards Permit:
37
(a) Automobile rental agencies.
(b) Expansion of existing automobile dealerships
indoor or outdoor area of up to ten percent, but not
exceeding an additional five thousand square feet.
(c) Sidewalk cafes that exceed 200 square feet in
area.
SECTION 17.Santa Monica Municipal Code Section 9.04.08.28.020 is hereby
amended to read as follows:
Section 9.04.08.28.020. Permitted uses.
(a) Except for in those areas described in
subsection (b), the following uses are permitted in the "CM"
Main Street Commercial District, if the use is a single use
occupying less than seven thousand five hundred square
feet, and is conducted within an enclosed building, the
ground floor Main Street frontage of which does not exceed
seventy-five linear feet, unless otherwise indicated:
(1 ) Appliance repair shops.
(2) Art galleries.
(3) Artist studios.
(4) Banks and savings and loan institutions.
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(5) Barber and beauty shops.
(6) Bed and breakfast facilities provided that any
dining facility shall be limited to use by registered guests
only. Only two such facilities may be permitted in the district.
(7) Child day care centers.
(8) Congregate housing.
(9) Domestic violence shelters.
(10) Florists and plant nurseries.
(11 ) Furniture upholsterer's shops.
(12) General offices.
(13) General retail uses.
(14) Homeless shelters with less than fifty-five
beds.
(15) Laundromats, dry cleaners.
(16) Libraries.
(17) Medical, dental and optometrist facilities above
the first floor provided the use does not exceed a maximum
of three thousand square feet.
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(18) Multi-family dwelling units.
(19) Print or publishing shops.
(20) Restaurants with forty-nine or less seats.
(21 ) Senior housing.
(22) Senior group housing.
(23) Shoe repair stores.
(24) Sidewalk cafes not more than 200 square feet
in area, subject to the limitations contained in Section
9.04.10.02.460.
(25) Single family dwelling units.
(26) Single room occupancy housing.
(27) Tailors.
(28) Theaters with seventy-five or less seats.
(29) Transitional housing.
(30) Wholesale stores where the public is invited.
(b) On parcels with frontage on Second Street,
and which abut residentially zoned property on at least one
side yard, on that portion of the parcel located within
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seventy-five feet of Second Street, permitted uses are
limited to:
(1 ) All uses permitted in the OP-2 District.
(2) Artist studios.
(3) Child day care facility.
(4) General office above the first floor, provided
the use does not exceed four thousand square feet and all
access is from Main Street.
(5) General retail, including art gallery, provided
the use does not exceed seven thousand five hundred
square feet and all access is from Main Street.
(6) Shoe repair shops, provided all access is from
Main Street.
(7) Theaters, provided the use does not exceed
seven thousand five hundred square feet and seventy-five
seats and all access is from Main Street.
SECTION 18.Santa Monica Municipal Code Section 9.04.08.28.030 is hereby
amended to read as follows:
Section 9.04.08.28.030. Uses subject to
performance standards permit.
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(a) Except for in those areas described in
subsection (b), the following uses may be permitted in the
CM District subject to the approval of a performance
standards permit:
(1 ) Sidewalk cafes that exceed 200 square feet in
area:
(b) On parcels with frontage on Second Street, and
which abut residentially zoned property on at least one side
yard, on that portion of the parcel located within seventy-five
feet of Second Street, uses permitted with a performance
standards permit are limited to:
(1 ) All uses permitted subject to a performance
standards permit in the OP-2 District.
SECTION 19.5anta Monica Municipal Code Section 9.04.08.30.020 is hereby
amended to read as follows:
Section 9.04.08.30.020. Permitted uses.
The following uses shall be permitted in the CP
District, if conducted within an enclosed building, except
where otherwise permitted:
(a) Adult day care facilities.
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(b) Artist studios.
(c) Barber or beauty shops.
(d) Child day care centers.
(e) Confectionary stores.
(f) Congregate housing.
(g) Convent, monasteries and other similar group
living quarters.
(h) Delicatessens.
(i) Domestic violence shelters.
U) Drugstores.
(k) Florists.
(I) Gift or souvenir shops.
(m) Homeless shelters with less than fifty-five
beds.
(n) Hospitals.
(0) Ice cream shops.
(p) Medical and dental clinics and laboratories.
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(q) Medical and general offices.
(r) Medical supplies and services.
(s) Multi-family dwelling units.
(t) Offices and meeting rooms for charitable,
youth, and welfare organizations.
(u) Office supply stores.
(v) Public parks and playgrounds.
(w) Residential uses including residential uses at
the ground floor.
(x) Restaurants.
(y) Rest homes.
(z) Sanitariums.
(aa) Schools.
(bb) Senior housing.
(cc) Senior group housing.
(dd) Sidewalk cafes not more than 200 square feet
in area, subject to the limitations contained in Section
9.04.10.02.460.
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(ee) Single family dwelling units.
(ff) Single room occupancy housing.
(gg) Stationery stores.
(hh) Transitional housing.
(ii) Accessory uses which are determined by the
Zoning Administrator to be necessary and customarily
associated with, and appropriate, incidental, and subordinate
to the principal permitted uses and which are consistent and
not more disturbing or disruptive than permitted uses.
Uj) Other uses determined by the Zoning
Administrator to be similar to those listed above and which
are consistent and not more disturbing or disruptive than
permitted uses.
SECTION 20.Santa Monica Municipal Code Section 9.04.08.30.030 is hereby
amended to read as follows:
Section 9.04.08.30.030. Uses subject to
performance standards permit.
The following uses may be permitted in the CP
District subject to the approval of a Performance Standards
Permit:
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(a) Sidewalk cafes that exceed 200 square feet in
area.
SECTION 21.Section 9.04.10.02.460 is hereby added to the Santa Monica
Municipal Code to read as follows:
Section 9.04.10.02.460. Small Sidewalk Cafes.
A sidewalk cafe that is 200 square feet in area or less
shall be a permitted use in all commercial districts and in the
Residential Visitor Commercial (RVC) District if it complies
with the following standards except in the Special Office
Commercial (C5) District where this use is not authorized
and in the BSC-1 portion of the BSC District where this use
is permitted if it complies with the provisions of the Outdoor
Dining Standards for the Third Street Promenade:
(a) The sidewalk cafe shall comply with the
property development standards set forth in this Section and
the property development standards for the district in which it
is to be located as set forth in the Zoning Ordinance except
to the extent inconsistent with this Section.
(b) The sidewalk cafe shall be conducted as an
accessory use to a legally established restaurant or other
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eating and drinking establishment. The sidewalk cafe shall
be located on a contiguous adjacent parcel.
(c) A sidewalk cafe on the Transit Mall shall
comply with the adopted Outdoor Dining Standards for Santa
Monica Boulevard and Broadway. A sidewalk cafe on
Ocean Avenue shall comply with the adopted Outdoor
Dining Standards for Ocean Avenue.
(d) If barriers are provided, they shall be in the
manner required by the City including any applicable design
guideline.
(e) Awnings or umbrellas may be used in
conjunction with a sidewalk cafe, but there shall be no
permanent roof or shelter over the sidewalk cafe area.
Awnings shall be adequately secured, retractable, and shall
comply with the provisions of the Uniform Building Code
adopted by the City and any applicable design guideline.
(f) The furnishings of the interior of the sidewalk
cafe shall consist only of movable tables, chairs and
umbrellas. Lighting fixtures may be permanently affixed onto
the exterior front of the principal building. Fixtures shall also
comply with any applicable design guideline.
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(g) No structure or enclosure to accommodate the
storage of trash or garbage shall be erected or placed on,
adjacent to, or separate from the sidewalk cafe on the public
sidewalk or right-of-way. Sidewalk cafes shall remain clear of
litter at all times.
(h) The hours of operation of the sidewalk cafe
shall not exceed the hours of operation of the associated
restaurant or other eating and drinking establishment.
(i) The sidewalk cafe shall obtain a minor outdoor
dining permit.
U) The sidewalk cafe shall not be required to
provide any additional parking.
SECTION 22.Santa Monica Municipal Code Section 9.04.12.120 is hereby
amended to read as follows:
Section 9.04.12.120. Sidewalk cafes.
The purpose of this Section is to permit sidewalk
cafes that enhance the pedestrian ambiance of the City and
to ensure that they do not adversely impact adjacent
properties and surrounding neighborhoods consistent with
the goals, objectives and policies of the General Plan. The
following special conditions shall apply to sidewalk cafes:
48
(a) Applicability. Sidewalk cafes may be permitted
in all commercial districts only with approval of a
performance standards permit except as authorized in
Section 9.04.10.02.460. A sidewalk cafe shall comply with
the property development standards for the district in which it
is to be located and with this Section. The provisions of this
Section shall apply to all new sidewalk cafes and to all
existing sidewalk cafes at such a time as the sidewalk cafe is
expanded or enlarged.
(b) Accessory Use. A sidewalk cafe shall be
conducted as an accessory use to a legally established
restaurant or other eating and drinking establishment that is
located on a contiguous adjacent parcel.
(c) License Agreement. A license agreement shall
be approved in a form required by the City. Sidewalk cafes
on the Third Street Mall shall comply with the adopted
Outdoor Dining Guidelines for the Third Street Mall Specific
Plan area.
(d) Barriers. If barriers are provided, they shall be
in the manner required by the City. Sidewalk cafes on the
Third Street Mall shall comply with the adopted Outdoor
49
Dining Guidelines for the Third Street Mall Specific Plan
area.
(e) Enclosure. Awnings or umbrellas may be used
in conjunction with a sidewalk cafe, but there shall be no
permanent roof or shelter over the sidewalk cafe area.
Awnings shall be adequately secured, retractable, and shall
comply with the provisions of the Uniform Building Code
adopted by the City. Sidewalk cafes on the Third Street Mall
shall comply with the adopted Outdoor Dining Guidelines for
the Third Street Mall Specific Plan area.
(f) Fixtures. The furnishings of the interior of the
sidewalk cafe shall consist only of movable tables, chairs
and umbrellas. Lighting fixtures may be permanently affixed
onto the exterior front of the principal building. Sidewalk
cafes on the Third Street Mall shall comply with the adopted
Outdoor Dining guidelines for the Third Street Mall Specific
Plan area.
(g) Refuse Storage Area. No structure or enclosure
to accommodate the storage of trash or garbage shall be
erected or placed on, adjacent to, or separate from the
sidewalk cafe on the public sidewalk or right-of-way.
Sidewalk cafes shall remain clear of litter at all times.
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(h) Hours of Operation. The hours of operation of
the sidewalk cafe shall be limited to the hours of operation of
the associated restaurant or other eating and drinking
establishment.
SECTION 23. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 24. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
ofthe ordinance would be subsequently declared invalid or unconstitutional.
SECTION 25. The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. The City Clerk shall cause the same to be published once
in the official newspaper within 15 days after its adoption. This Ordinance shall
become effective 30 days from its adoption.
APPROVED AS TO FORM:
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Approved and adopted this 11 th day of July, 2006.
~~
.
Robert T. Holbrook, Mayor
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2192 (CCS) had its introduction on June 27,2006, and was
adopted at the Santa Monica City Council meeting held on July 11, 2006, by the
following vote:
Ayes: Council members: Bloom, Genser, McKeown, O'Connor,
Mayor Pro Tem Shriver, Mayor Holbrook
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Katz
~
~TTEST:
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