City Council
Zoning Ordinance Amendments
Outdoor Space Program & Economic Recovery
March 14, 2023
Temporary Outdoor Space Program
Background | Emergency Orders, IZOs, Economic Recovery
Established May 29, 2020
For Businesses within Parklets, Sidewalks, SM Pier, Promenade, Commercial Property Restaurants, Fitness, Personal Services, Retail, etc. Temporary Permits Issued via Streamlined Review (no application fees) Other Land Use Changes: Public Safety, Drive-through COVID testing, Extended TUPs Temporary Program Expires June 30, 2023
Other Economic Recovery Support: 2-Year Extension of Permit Timeframes IZO 2698: 2 additional years to exercise rights for Planning Entitlements, Permits, etc Expired December 31, 2022: Amend ZO to memorialize timeframes for future reference Current Outdoor Space Program
Critical in Supporting Businesses during the Pandemic New perspective on need for Outdoor Space
Accommodates customer preference of being outdoors
Outdoor Space opportunity for business ineligible for parklets 94 Outdoor Space Permits issued on Private Property (37 active) Primarily Restaurants
Permanent Program
Allow Existing Businesses to Retain Existing Permitted Outdoor Space Continue to provide Flexibility for new Outdoor Space proposals Exempt from Parking Requirements, Floor Area / Floor Area Ratio Establish Standards: Mobility/RRR Site Review, Location, Hours Planning Commission Recommendation
January 25, 2023 – Planning Commission Discussion
Recommended Adoption of Permanent Program
Recommended Codifying 2-Year Permit Extension (for record keeping) Acknowledged success of Temporary Outdoor Program
Expressed importance of continued support to SM Businesses Recommended Program Flexibility with Limited Restrictions Recommended changes to draft Program adding greater
flexibility for businesses
Planning Commission Recommendation
Proposed Changes to Draft Program
Eliminate Maximum Allowable Size of Outdoor Space
Staff Initial Proposal: Max Size 1,000 SF
PC Recommendation: No Size Limitation
Eliminate a Maximum Conversion of Parking Spaces for Outdoor Space Staff Initial Proposal: 50% Max Parking Conversion of existing spaces PC Recommendation: No Parking Conversion Limitation
Outdoor space shall comply with Building Code, Fire Code, circulation standards established per Administrative Regulations by Mobility Division.
Planning Commission Recommendation
Proposed Changes to Draft Program
Eliminate Maximum Allowable Size of Outdoor Space
Eliminate a Maximum Conversion of Parking Spaces for Outdoor Space Consistent with current Temporary Outdoor Space Program which has no size or parking conversion restrictions;
Allows for greater flexibility/staff to work with businesses on outdoor spaces workable for the business and overall vehicle circulation safety. Staff Supports PC Recommendations:
Staff/PC aligned on recommendation and Permanent Program Outreach | Site Visits
Site Visits
Staff visited all 94 temporary outdoor permit holders 34 of the 94 operators still had outdoor seating or barriers in place 1814 Berkeley St 1210 Montana Ave 2901 Pico Blvd
Outreach | Site Visits
Site Visits
Staff visited all 94 temporary outdoor permit holders 34 of the 94 operators still had outdoor seating or barriers in place 2420 Pico Blvd | Lunetta 1610 Montana Ave | Forma Restaurant Outreach | Survey
Survey
Staff distributed a survey to 94 existing temporary outdoor permit holders Received 24 responses.
How is the space used? How often is the space used?
Outreach | Survey
Survey
What is the size of the space? What other amenities are you interested in? Outreach | Survey
Survey
Existing Size Delta Desired Size
300-600 square feet / 2-4 parking spaces N/A
300-600 square feet / 2-4 parking spaces = 300-600 square feet / 2-4 parking spaces 300-600 square feet / 2-4 parking spaces = 300-600 square feet / 2-4 parking spaces 300-600 square feet / 2-4 parking spaces = 300-600 square feet / 2-4 parking spaces 300-600 square feet / 2-4 parking spaces < 600-1,000 square feet / 4-6 parking space 600-1,000 square feet / 4-6 parking space = 600-1,000 square feet / 4-6 parking space 600-1,000 square feet / 4-6 parking space = 600-1,000 square feet / 4-6 parking space 600-1,000 square feet / 4-6 parking space < 1,000-1,600 square feet / 6-10 parking spaces 600-1,000 square feet / 4-6 parking space < 1,000-1,600 square feet / 6-10 parking spaces 1,000-1,600 square feet / 6-10 parking spaces > 300-600 square feet / 2-4 parking spaces 1,000-1,600 square feet / 6-10 parking spaces = 1,000-1,600 square feet / 6-10 parking spaces 1,000-1,600 square feet / 6-10 parking spaces = 1,000-1,600 square feet / 6-10 parking spaces 1,000-1,600 square feet / 6-10 parking spaces = 1,000-1,600 square feet / 6-10 parking spaces 1,000-1,600 square feet / 6-10 parking spaces < 1,600+ square feet / 10 parking spaces 1,600+ square feet / 10 parking spaces = 1,600+ square feet / 10 parking spaces 1,600+ square feet / 10 parking spaces = 1,600+ square feet / 10 parking spaces 1,600+ square feet / 10 parking spaces = 1,600+ square feet / 10 parking spaces 1,600+ square feet / 10 parking spaces = 1,600+ square feet / 10 parking spaces 1,600+ square feet / 10 parking spaces = 1,600+ square feet / 10 parking spaces 1,600+ square feet / 10 parking spaces = 1,600+ square feet / 10 parking spaces Existing Size Versus Desired Size
Open Ended Comments:
Make permanent program cost
efficient and easy;
Outdoor seating is enjoyed by
customers;
Better use of off-street parking;
Helps business now and during
the pandemic.
Evaluation | Interdepartmental Review
Staff Coordination with City Divisions
Building and Safety
Mobility
Resource, Recovery, Recycling (RRR)
Economic Development
Interdepartmental Review | Building and Safety
Building and Safety
Involvement will remain consistent moving forward:
Plan review against building code
Permit issuance for any structural and electrical work. Standards will reflect the minimum requirements for building and safety: ADA access, barriers, building permits
Administrative Regulations will provide businesses with options for minimal outdoor space design that would avoid a complicated permit review process (based on permit review thresholds).
Interdepartmental Review | Mobility
Mobility
No explicit issues or complaints received related to parking, circulation, or loading with the temporary program
Ordinance and Administrative Regulations developed in coordination with Mobility to address parking, circulation, and loading concerns:
Parking and Loading Operations Plan (PLOP) for any outdoor space impacting loading areas;
Outdoor space where customers or staff cross an alley (public right of way) are to be approved subject to review and additional safety requirements by Mobility. Prohibit blocking or removing curb cuts and drive aisles used to access active parking areas
Require the closure of excess curb cuts blocked by outdoor areas.
Interdepartmental Review | RRR
Resource, Recovery, Recycling (RRR)
No explicit issues or complaints received related to trash and recycling with the temporary program
RRR staff to continue to review permanent outdoor program applications to ensure refuse operations are not impacted by outdoor proposals (clearance, driveway visibility, refuse storage area access).
Interdepartmental Review | Econ. Development
Economic Development
Initial interest from fitness operators during the temporary outdoor program to operate solely outdoors on underutilized surface parking lots. Use as proposed would not be a part of or associated with an existing use on the site.
Staff does not recommend including this in the permanent program due to the following:
No recent interest has been expressed by any fitness operators or any other use; Noise and other impacts may be generated from a use that is exclusively outside on a parking lot;
Unfair advantage over businesses required to operate out of a leased commercial tenant space.
Proposed Program
Program Goals:
Promote economic development and business retention
Provide flexibility and ease for businesses
Ensure fire, life and safety issues are addressed
Mitigate impacts to the site and surrounding land uses (land uses, parking, circulation, noise).
Proposed Program | Land Use Updates
Changes to Permitted Land Uses
Clarify that outdoor space may be located on adjacent surface parking lots currently serving on-site commercial uses.
Temporary Program
Commercial zones only
Located on the same or adjacent parcel
Permitted uses based on the underlying zone, except for auto and liquor stores are prohibited.
Permanent Program
Located on adjacent parking lots that serve the commercial use (residentially or commercially zoned)
Prohibit animal care uses, in addition to existing prohibition on auto uses.
Proposed Program | Floor Area and Parking
Outdoor spaces will not be considered floor area, an expansion of use, or require additional parking. Additionally, legal non-conforming uses may participate and not count as an expansion of a non-conforming use
Temporary Program
Floor Area Ratio and Parking requirements were suspended Permanent Program
Outdoor Spaces are exempt from:
Floor area
Floor area ratio calculations
Parking requirements
Legal non-conforming uses: outdoor spaces not considered expansion of area Allowable Size | Conversion of Parking
No Changes Proposed (per PC Recommendation)
Temporary Program:
No size limitation or limitation on number of parking spaces converted ADA spaces must be maintained and accessible
All building egress maintained
Permanent Program: No Size/Parking Conversion Limitations Ensure Safe Circulation, Loading, Refuse Operation Needs No cap on size & the percentage of parking spaces to be converted (Planning Commission Recommendation)
Outdoor space shall comply with Building Code, Fire Code, circulation standards established per Administrative Regulations by Mobility Division. Staff to work with businesses on outdoor spaces to ensure vehicle circulation/patron safety, loading efficiency, refuse operations.
Proposed Program | Location Requirements
Change: Added setback from abutting residential uses
Temporary Program:
Surface parking lots, common open areas (courtyards, rooftops) No setback requirements when adjacent to residential uses Permanent Program:
Same locations
15-foot setback from property line abutting residential uses Clear of driveways/aisles used to access parking, ADA spaces, loading, refuse Location subject to Mobility review to ensure adequate overall circulation/safety Decks, Canopies, Structures, Heaters, ADA
Change: Prohibits use of Temporary Tents/Canopies as Permanent Fixtures Temporary Program:
Permit Thresholds for decks, temporary canopies, structures, heaters ADA access and building egress to be maintained
Permanent Program:
Same Permit Thresholds and ADA requirements
Prohibits the use of temporary tents/canopies as permanent fixtures Allow use of temporary tents/canopies during winter seasons on temporary basis Helps to address safety wind-load concerns with temporary tents/canopies Helps to encourage businesses to invest in permanent materials/design quality Established in Administrative Regulations
Change: Establishes operating hours for Restaurants and Fitness, includes use of televisions or screen projectors as prohibited speaker amplification Temporary Program:
Currently based on business’ operating hours prior to Pandemic Currently Outdoor spaces are subject to the Noise Ordinance Speaker amplification is prohibited
Permanent Program:
Establish operating hours for Restaurants and Fitness/Training Restaurants: 8am-11pm
Fitness/Training: 7am-7pm
Minimizes potential noise impacts to surrounding uses (residential) Clarifies that televisions and screen projectors prohibited in outdoor space Hours of Operation | Noise
Temporary Program:
Restaurant required to obtain all required alcohol permits from City and ABC
Permanent Program:
No Changes Proposed
Applicants will be required to amend their alcohol entitlements to include the outdoor area, or apply for a new alcohol exemption if the operator does not currently have an alcohol entitlement.
Proposed Program | Alcohol Permits
Continue to update existing Administrative Regulations
Temporary Program:
Established Administrative Regulations include standards and requirements for Temporary Outdoor Space Program
Permanent Program:
Update Administrative Regulations including but not limited to:
Building and Fire Code requirements
Mobility clearances, PLOP
Design Standards for decks, barriers, shading devices, lighting, furniture, signage Parking Lot Circulation
Administrative Regulations
Exemptions from Size, Location, Hours of Operations, Conversion of Parking Spaces
Temporary Program:
Allows conversion of areas not a part of the primary Pier deck access way. Permanent Program:
Exempts the following requirements:
Max Size
Location
Hours of Operations
Conversion of Parking Spaces
Santa Monica Pier
Allow non-conforming commercial uses to participate in Program Temporary Program:
Underlying zoning determines eligible uses
Permanent Program:
Existing businesses considered legal non-conforming uses would be eligible for the Program
Outdoor Space would not be considered an expansion of a non-conforming use (prohibited uses or those non-conforming due to lack of Planning Entitlements) Proposed program standards including size, location, and operating hours would be in place to ensure the compatibility of outdoor activity with nearby uses.
Existing Non-Conforming Uses
What’s required for existing permit holders to transition into the Permanent Program?
Permit Renewals Through March 31, 2024
Renewal Application and submittal of plans (fees waived) by October 31, 2023 Plans to reflect permitted outdoor space
Ensure outdoor spaces have required Building and Fire permits Renewal of Existing Outdoor Spaces not subject to new standards Existing permit holders seeking intensifications to their outdoor space subject to new permit and standards
Wastewater Fees: 3-year payment plan for restaurant permit renewals. New Applications:
Subject to Zoning Conformance Review/application fees Subject to Program Requirements
Application Process | Permit Renewals
Steps for Business Outreach to Existing Permit Holders
Door-to-door to businesses and property owners in the temporary program
Email and phone call follow-ups
Digital outreach coordinated with the Communications Team Coordination with Economic Development Divisions, Business Improvement Districts, and Chamber of Commerce.
Existing Permit Holders | Business Outreach
Establishment of new Section 9.31.199
Chapter 9.31 Standards for Specific Uses and Activities amended to include new section
Proposed Revised Language to “Definitions” and “Permitted Uses” Consistency with Zoning Ordinance:
9.04.080 Determining Floor Area
9.04.090 FAR Determining Floor Area Ratio
9.27.050 Legal Non-Conforming Uses
9.28.040(A)(4) Calculating Off-Street Parking and Loading Spaces 9.31.200 Outdoor Dining and Seating
SMMC 9.31.199 | Outdoor Commercial Uses on Private Property Other Changes Related to Emergency Response and Economic Recovery:
Other Provisions Set to Expire with IZO 2724 (no longer in State of Emergency) Public Safety Facilities and Emergency Shelters in all Districts Drive-Through facilities for COVID testing and vaccinations Temporary Use Permits up to 6-months without a Minor Use Permit Off-Site Alcohol Sales for Restaurants
Codify Extension of Permit Timeframes to ZO: IZO 2698 Additional 2-year extension for Planning Entitlements active as of 3/13/20 - 12/31/22 Timeframe to request time extension changed to any time prior to 30 days of expiration Memorializes timeframe extensions for future reference Other Zoning and Land Use Changes
Council Focus
Whether the proposed Program provides adequate flexibility in support of business retention and new business.
Whether the proposed Program standards are adequate in ensuring neighborhood compatibility.
Other recommendations to the Program for consideration.
Recommendation
Amendments are consistent with LUCE Policies:
(LU-9) Adapt to changing conditions and to support small businesses (Goal E1) Create economic base that satisfies the commercial needs of the City’s residents while providing employment opportunities and a strong fiscal infrastructure for the City
1. Council Adoption of Permanent Outdoor Space Program & Memorialize the 2-Year Permit Extension in Zoning Ordinance
Proposed Program | AB 2097
Minimum Parking Requirements Eliminated for Residential and Commercial Development Within ½ Mile of a Major Transit Stop Includes a majority of Commercial Boulevards in the City, except for Ocean Park Boulevard, Pico Boulevard, and Montana Avenue. No parking requirement expands the relaxed parking standards implemented through AB 2097 to all Commercial Boulevards. In the spirit of economic development and business retention, no additional parking required for new outdoor space,
No parking concerns expressed during Pandemic (businesses or residents) Proposed Program | AB 2097