City
Council Meeting: June 27, 2006
Agenda
Item: 7-B
To: Mayor and City Council
From:
Subject: Parking
Requirements for Outdoor Dining
Recommended Action
It is recommended that the City Council introduce for first reading the proposed
ordinance that would allow food serving businesses to establish an ancillary
sidewalk dining café not more than 200 square feet in area without providing
code required parking in the Residential-Visitor Commercial (RVC), Broadway
Commercial (BCD), Bayside Commercial
(BSCD), Neighborhood Commercial (C2), Downtown Commercial (C3), Downtown
Overlay (C3-C), Highway Commercial (C4), Boulevard Commercial (C6), Main Street
Special Commercial (CM), and Commercial Professional (CP) Districts; and adoption
of a Fee Resolution establishing fees for a Minor Outdoor Dining permit.
Executive Summary
The
proposed ordinance amends the zoning code to allow sidewalk dining cafés up to
200 square feet in area to be established as an ancillary use to food serving
businesses in all commercial districts with the exception of the Special Office
Commercial (C5) District, where restaurants are only permitted with approval of
a conditional use permit. The proposed
amendments will waive code required parking for outdoor dining areas of this
size, and will create an administrative process to evaluate applications,
establish standard conditions of approval, and ensure other related code
sections are properly amended for consistency with anticipated text
changes.
The
recommendation in this report would establish a new application and fee
schedule to administer the Minor Outdoor Dining application. Requests are currently processed as a generic
minor permit and assessed an hourly rate, consistent with this proposal.
Discussion
Background
A
desire to enhance the vitality and ambiance of Santa Monica’s commercial
districts prompted the City Council to adopt Interim Ordinance Number 2083 (CCS)
on June 24, 2003 to permit sidewalk dining up to 200 square feet in area without
requiring additional off-street parking.
This ordinance also modified the application review process thereby reducing
the amount of time and money an applicant needed to invest in order to receive
approval. This ordinance was later
extended by Interim Ordinances 2088 (CCS) and 2127 (CCS), which expire on
August 6, 2006.
Eleven food
serving businesses have taken advantage of these provisions since the original
interim ordinance was adopted, allowing sidewalk dining to foster a more
pedestrian-oriented atmosphere, which benefits the community as a whole.
Analysis
The proposed
ordinance applies to sidewalk cafes no more than 200 square feet in total area,
and eliminates two impediments to establishing outdoor dining as an ancillary
use to an existing eating establishment.
These impediments relate to the application review process and the requirement
for onsite, off-street parking.
Council’s
original request to provide interim standards for outdoor dining was intended
to support local businesses in a declining economy and to enliven the city
streets. The adopted interim ordinances
successfully achieved this goal by allowing ancillary dining through an administrative
permit process, resulting in the issuance of a Minor Outdoor Dining Permit after
review by City Planning for code compliance, Environmental Public Works
Management (EPWM) for access and public right-of-way issues, and Resource
Management for verification and proof of insurance. This application also required that the
applicant provide a diagram of the proposed space to illustrate compliance with
specific criteria and design guidelines related to size, operating hours, use,
and street furnishings. This application
has since been modified and improved based on feedback from applicants.
The interim
ordinances also waived on-site, off-street parking requirements for sidewalk
cafes not more than 200 square feet in area, which was intended to alleviate the
hardship on businesses that wish to add a limited number of outdoor tables and
chairs as an ancillary dining space but are located on small lots or with
existing legal non-conforming parking.
Since the adoption of Interim Ordinance number 2083 (CCS), eleven
outdoor dining permits have been issued to the general satisfaction of participating
business owners and the Santa Monica Chamber of Commerce without a perceptible
negative effect on the existing parking resources.
In
order to maintain the intent of reducing obstacles for restaurants to establish
small outdoor dining cafes, it is recommended that the Council consider establishing
permanent standards that allow for sidewalk cafes not more than 200 square feet
in area to be permitted through an administrative process. It is anticipated that more outdoor dining opportunities
would enhance the quality of the pedestrian experience throughout the city by
enlivening the street with activities in the public right-of-way.
Staff has
received a letter from the Santa Monica Chamber of Commerce supporting the
existing provision. Several local businesses that have sought approvals pursuant
to the interim standards were also contacted and reported two common themes:
·
Restaurants
have benefited from the Interim Ordinance both in terms of increased business,
and of the quality of experience they are able to provide.
·
While
the ability to provide outdoor dining has been advantageous, some of the first applicants
expressed frustration with the length of time it takes for applications to be
processed.
In
response to the above concerns, the Planning and Community Development, Environmental
Public Works Management, and Resource Management Departments have revised the Minor
Outdoor Dining application to include simplified submittal requirements that
are consistent with the criteria specified for sidewalk cafes. An analysis of outdoor dining applications
over the past few years shows a substantial decrease in the amount of time an
applicant must wait for a determination.
The intention of the new application is to continue to minimize wait
time by streamlining the processing and approval process, and to simplify the
requirements for the easy and effective establishment of outdoor dining. The current review time is now approximately
four weeks.
Another
comment received from a restaurant owner on
The
proposed ordinance does, however, include minor amendments that clarify the
administrative process to obtain a permit, amends the zoning for most
commercial districts to allow by right sidewalk cafes up to 200 square feet in
area, and codifies standard conditions for approvals. Sidewalk dining beyond 200 square feet will
continue to require a Performance Standards Permit. The attached ordinance details proposed
changes to the Residential-Visitor Commercial (RVC), Broadway Commercial (BCD), Bayside Commercial (BSCD), Neighborhood
Commercial (C2), Downtown Commercial (C3), Downtown Overlay (C3-C), Highway
Commercial (C4), Boulevard Commercial (C6), Main Street Special Commercial
(CM), and Commercial Professional (CP) Districts.
Commission
Action
The Planning
Commission considered the proposed amendment on May 3rd and has
forwarded a recommendation to the City Council that supports approval of the
recommended changes. The Planning Commission staff report for the May meeting
is available online at: http://www.smgov.net/planning/commission/agendas/ps2006050309-B.htm.
Environmental Analysis
The proposed ordinance is exempt from the
provisions of the California Environmental Quality Act (CEQA) under Class 5,
minor alterations in land use limitations.
The existing interim measures have not led to a significant increase in
outdoor dining establishments and have not had a noticeable effect on existing
parking resources. It is anticipated
that the adoption of permanent standards will not result in negative impacts to
existing parking resources.
Budget/Financial
Impact
The
recommendation in this report would establish new fees to administer the Minor
Outdoor Dining application. The proposed
fee is $161.21, which would recover the full cost of reviewing and processing
the permit. Revenues from the new fee
will be deposited into account 01266.401560.
Prepared by:
Peter D.
James, Assistant Planner
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Approved: |
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Forwarded to Council: |
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Interim
Director, Planning and Community Development |
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P. City
Manager |
Attachments: (scroll down)
A. Proposed
Ordinance
B. Proposed
Fee Resolution
C. Letter
from the
D. Public
Hearing Notice
ATTACHMENT A
PROPOSED ORDINANCE
ORDINANCE NUMBER (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 (CCS) 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
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
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
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;
(j) Museums;
(k) Neighborhood grocery
stores;
(l) Single-family dwellings
placed on a permanent foundation (including manufactured housing);
(m) Multifamily dwellings;
(n) Nightclubs within
hotels;
(o) 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;
(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 are consistent and not more disruptive or
disturbing than permitted uses.
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
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):
(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.
(j) Drugstores.
(k) Food stores.
(l) General offices above
the first floor.
(m) Hardware stores.
(n) Homeless shelters with
less than fifty-five beds.
(o) Laundromats.
(p) Libraries.
(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.
(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 9.04.08.14.030. Uses subject to performance standards permit.
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 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.
(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.
(j) Dance studios.
(k) Domestic violence
shelters.
(l) Exercise facilities.
(m) General offices above the
first floor and in the rear seventy-five feet of a parcel.
(n) General retail.
(o) Homeless shelters with
less than fifty-five beds.
(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.
(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.
(e) Banks and savings and
loan institutions.
(f) Barber or beauty shops.
(g) Business colleges.
(h) Child day care centers.
(i) Cleaners.
(j) Congregate housing.
(k) Cultural facilities.
(l) Dance studios.
(m) Domestic violence
shelters.
(n) Exercise facilities.
(o) 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.
(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.
(ff) Tailors.
(gg) Theaters.
(hh) Trade schools.
(ii) Transitional housing.
(jj) 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 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:
(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 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.
(f) Barber or beauty shops.
(g) Child day care centers.
(h) Cinema buildings in
existence since May 23, 2000.
(i) Cleaners.
(j) Congregate housing.
(k) Domestic violence shelters.
(l) General offices above
the first floor; and on the ground floor for parcels located at least one
hundred fifty feet from
(m) General retail and
specialized retail uses.
(n) Homeless shelters with
less than fifty-five beds.
(o) Laundromats.
(p) Libraries.
(q) Multifamily dwelling
units.
(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.
(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.
(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 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.
(b) Sidewalk cafes that
exceed 200 square feet in area.
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.
(j) Congregate housing.
(k) Dance studios.
(l) Domestic violence
shelters.
(m) Electric distribution
substations.
(n) Exercise facilities.
(o) 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.
(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.
(jj) Trade schools.
(kk) Transitional housing.
(ll) Variety stores.
(mm) 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.
(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 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 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.
(j) Congregate housing.
(k) Cultural facilities.
(l) Dance studios.
(m) Domestic violence
shelters.
(n) Electric distribution
substations.
(o) 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.
(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.
(jj) Tailors.
(kk) Theaters.
(ll) Trade schools.
(mm) Transitional housing.
(nn)Variety stores.
(oo) 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 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.
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.
(j) Child day care centers.
(k) Cleaners.
(l) Congregate housing.
(m) Dance studios.
(n) Domestic violence
shelters.
(o) 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.
(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.
(jj) Single-family dwelling
units.
(kk) Single-room occupancy
housing.
(ll) Skating rinks.
(mm) Tailors.
(nn)Trade schools.
(oo) Transitional housing.
(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 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.
(c) Service stations.
(d) Sidewalk cafes that
exceed 200 square feet in area.
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.
(i) Child day care centers.
(j) Cleaners.
(k) Clubs and lodges.
(l) Congregate housing.
(m) Cultural facilities.
(n) Dance studios.
(o) 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.
(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.
(jj) Single-family dwelling
units.
(kk) Single-room occupancy
housing.
(ll) Small appliance repair
shops.
(mm) Tailors.
(nn)Theaters.
(oo) 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 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:
(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 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.
(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.
(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 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
(5) General retail, including
art gallery, provided the use does not exceed seven thousand five hundred
square feet and all access is from
(6) Shoe repair shops,
provided all access is from
(7) Theaters, provided the
use does not exceed seven thousand five hundred square feet and seventy-five
seats and all access is from
Section 9.04.08.28.030. Uses subject to performance standards permit.
(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
(1) All uses permitted
subject to a performance standards permit in the OP-2 District.
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.
(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.
(j) Drugstores.
(k) Florists.
(l) Gift or souvenir shops.
(m) Homeless shelters with
less than fifty-five beds.
(n) Hospitals.
(o) Ice cream shops.
(p) Medical and dental
clinics and laboratories.
(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.
(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.
(jj) 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 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:
(a) Sidewalk cafes that
exceed 200 square feet in area.
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 café 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 café shall
be conducted as an accessory use to a legally established restaurant or other
eating and drinking establishment. The sidewalk café 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
(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 café, but there shall be no permanent
roof or shelter over the sidewalk café area. Awnings shall be adequately
secured, retractable, and shall comply with the provisions of the
(f) The furnishings of the
interior of the sidewalk café 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.
(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 café 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 café shall not exceed the hours of operation of the associated
restaurant or other eating and drinking establishment.
(i) The sidewalk café shall
obtain a minor outdoor dining permit.
(j) The sidewalk cafe shall
not be required to provide any additional parking.
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:
(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 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.
(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.
APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney
ATTACHMENT B
Proposed Fee Resolution
RESOLUTION
NUMBER (CCS)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA SETTING FEES FOR PLANNING DIVISION REVIEW OF APPLICATIONS FOR
ADMINISTRATIVE AND DISCRETIONARY MINOR OUTDOOR DINING
WHEREAS, on June 27, 2006, the City Council
introduced for first reading an amendment to the ordinance that, in part, will
establish a new administrative application and review procedures for sidewalk
cafes not more than 200 square feet in area; and,
WHEREAS, Ordinance Number 1754 (CCS) (the
“Ordinance”) adopted July 12, 1994, governs the setting of the amount of user
fees or fees for services provided to or for the benefit of particular
individuals rather than for the general public; and
WHEREAS, the Ordinance allows such user fees or fees
for services to be set by ordinance, by a resolution adopted by the City
Council or by any other means authorized by law; and
WHEREAS,
it is the policy of the City of Santa Monica to charge for the full costs of
services provided by City Staff when such services benefit individual users
rather than members of the community as a whole; and
WHEREAS,
City staff has prepared an analysis of the estimated reasonable costs and
proposed fees related to these applications; and
WHEREAS,
a copy of this analysis and the proposed fees was made available on July 1,
2005 at the City Clerk’s Office; and
WHEREAS,
notice of this public hearing and the analysis was published in the California
Section of the Los Angeles Times on June 17, 2006 and June 23, 2006,
NOW,
THEREFORE, THE CITY COUNCIL OF THE CITY OF
|
Item |
Fee |
|
Review of Administrative Minor Outdoor Dining Application for sidewalk cafes not more than 200 square feet in area |
$161.21 |
APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney
ATTACHMENT
C
Letter
from the
Electronic version
of attachment is not available for review.
Document is available for review at the City Clerk’s office and the
Libraries.