City Council
Report
City Council Meeting: October 11, 2022
Agenda Item: 10.C
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and Adoption of Emergency Interim Zoning Ordinance to Extend Interim Zoning Regulations Extended and Amended by Emergency Interim Zoning Ordinance Number 2704 (CCS) Authorizing Temporary Use of Private Outdoor Space; Temporary Permitted Uses for Emergency Shelters, Public Safety Facilities, and Drive-Through Facilities for Covid-19 Testing and Vaccination Purposes; and Flexibility in Issuance of Temporary Use Permits and Alcoholic Beverage Sales
Recommended Action
Staff recommends that the City Council introduce and adopt an Emergency Interim Zoning Ordinance extending interim zoning regulations established by Emergency Interim Zoning Ordinance Number 2674 (CCS) and extended and amended by Emergency Interim Zoning Ordinances 2678 and 2704 (CCS) authorizing temporary outdoor use of private outdoor space; temporary permitted uses for emergency shelters, public safety facilities, and drive-through facilities for COVID-19 testing and vaccination purposes; flexibility in issuance of temporary use permits and alcoholic beverage sales; and zoning changes necessary for continued emergency response and economic recovery.
Summary
On June 8, 2021, Council adopted Emergency Interim Zoning Ordinance Number 2674 (CCS) (“Emergency IZO 2674”) establishing interim zoning regulations for temporary uses of private outdoor space for commercial activity and to extend certain zoning changes necessary for continued emergency response and economic recovery, including, but not limited to, temporary drive-through facilities for COVID-19 testing, and allowance for off-site alcohol sales.
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Staff recommends that Council extend the interim zoning regulations that were last extended and amended by Emergency IZO 2704 through June 30, 2023 to allow businesses to maintain their permitted outdoor space on private property while staff continues to develop a private outdoor space program. Staff will return to Council in early 2023 with recommended amendments to the Zoning Ordinance to implement a permanent private outdoor space program. Staff will also evaluate whether the temporary land uses contained in IZO would be necessary for continued emergency response and economic recovery.
Discussion
Extension of Outdoor Use of Private Property
Temporary Outdoor Use Permits originally authorized under the City’s emergency orders approved the use of private property for outdoor commercial operations. The temporary use of private outdoor space has been a critical component of the City’s response to support businesses during the COVID-19 pandemic, including certain zoning changes to support emergency response and economic recovery. Currently, 94 local businesses are using a Temporary Outdoor Use Permit issued pursuant to the IZO to conduct restaurant, fitness activities, personal services, and retail on private outdoor property—surface parking lots, courtyards, and other spaces on associated privatelyowned commercial property—to help offset any pandemic-related indoor use restrictions or accommodate customer preference of being outdoors.
This opportunity to use outdoor space on private property serves many businesses that are not eligible or not able to have a parklet in front of their business, particularly on commercial streets with higher traffic speeds such as Pico Boulevard and sections of Wilshire and Ocean Park Boulevards. Currently, outdoor dining is the primary activity of these private outdoor spaces. Per the IZO, table service and alcohol sales are temporarily permitted within these spaces, and parking requirements are suspended.
In developing the permanent outdoor program for private property, staff is evaluating the overall use of private outdoor space by businesses during the pandemic. Staff continues to develop appropriate standards considering the size and location of outdoor spaces, 3 of 6
parking needs, fire and life safety accessibility of the site, and noise when abutting residential districts and uses.
Extension of Zoning and Land Use Related Changes
There are a range of zoning and land use related changes that were made throughout the pandemic to facilitate emergency response and to also support local businesses.
Changes that are recommended to continue through the IZO extension include:
▪ Permitted Use in all Zoning Districts: Public Safety Facilities and Emergency Shelters.
Allowing these uses provides flexibility in establishing uses related to health and safety supportive of emergency response and the pandemic recovery. ▪ Drive-through facilities only for COVID-19 testing and vaccination purposes at hospitals, clinics, and pharmacies.
The City’s Zoning Ordinance prohibits new drive-through facilities. This special exception remains necessary to allow the establishment of testing and vaccination as we continue to advance through the Pandemic. Many of these facilities are established within tented parking spaces where tests or vaccinations are administered while patients remain in their vehicles.
▪ Temporary Use Permits for uses permitted pursuant to 9.31.370(b) of more than 45 days and not exceeding 180 days (6 months).
Extending the temporary use permit approval up to 180 days provides flexibility for outdoor temporary uses supportive of economic recovery efforts and consistent with social distancing practices during the pandemic. An example of a prior use that utilized this extended period was the temporary outdoor drive-in theater at 302 Colorado Avenue (former Sears Department store parking lot).
▪ Off-site alcohol sales for restaurants, consistent with the State Alcoholic Beverage Control (ABC) requirements:
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SB 389, effective as of January 1, 2022, extended the authorization under the First Notice of Regulatory Relief issued by the California Department of Alcoholic Beverage Control that expired on December 31, 2021 to allow the expansion of off-site privileges for restaurants and breweries as a result of the Pandemic. This provision recognizes this expansion of alcoholic beverages “to- go” as allowed by the State and allows such privileges for restaurants, breweries, etc. consistent with ABC requirements to continue through the term of this IZO.
Temporary Suspension of Certain Zoning Regulations
The interim zoning regulations suspend certain provisions of the City’s Zoning Ordinance, including, but not limited to, parking requirements (except for those relating to accessible parking) and maximum floor area ratio, to the extent necessary to accommodate the uses permitted under the interim zoning regulations as well as Santa Monica Municipal Code Chapter 6.40, Santa Monica Outdoors Pilot Program. Since the adoption of Emergency IZO 2704, the City Council adopted Santa Monica Municipal Code Chapter 6.42, Santa Monica Outdoors Parklet Program. The proposed Emergency Interim Zoning Ordinance includes a suspension of Zoning Ordinance provisions to the extent necessary to accommodate the provisions of Chapter 6.42 as well.
Environmental Review
The proposed Emergency IZO extension to continue allowing temporary outdoor use of private property and zoning changes to aid in economic recovery are exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines (common sense exemption). Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed changes may have a significant effect on the environment. The proposal would not result in adverse physical environmental effects since such uses are compatible with surrounding commercial uses, would not create hazards or adverse health effects to any sensitive residential uses, and are permitted land uses in the Zoning Ordinance or have been permitted in many areas of the City for over a year.
Therefore, no further environmental review under CEQA is required. 5 of 6
Past Council Actions
Meeting Date Description
06/08/21 Adoption of Emergency Interim Zoning Ordinance 2674 extending temporary uses of private outdoor space for commercial activity and extending certain zoning changes necessary for continued emergency response and economic recovery.
07/27/21 Extended Emergency Interim Zoning Ordinance 2674 through June 30, 2022.
05/10/22 Extended Emergency Interim Zoning Ordinance 2678 through December 21, 2022.
On June 8, 2021, Council also adopted Emergency Ordinance 2673 (CCS) through June 30, 2022, which established Santa Monica Municipal Code Chapter 6.40 to authorize the continuation of the Santa Monica Outdoors program on streets and sidewalks; authorized fee waivers in support of the program until January 1, 2022; and gave direction to initiate the Main Street closure pilot program.
On July 27, 2021, Council extended Emergency IZO 2674, establishing Emergency IZO 2678 through June 30, 2022 to align with the expiration of the Santa Monica Outdoors program on streets and sidewalks. On May 10, 2022, the Council further extended Emergency IZO 2678 through December 31, 2022 and established a separate review path for the private outdoor space program from the Santa Monica Outdoors program on streets and sidewalks.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.
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Prepared By: Steve Mizokami, Senior Planner
Approved Forwarded to Council
Attachments:
A. CDD-Ord-LifeOutdoorsIZO3dExtension-101122
B. Ord 2678 (7-27-21)
C. Ord 2704 (5-10-22)
D. PowerPoint Presentation