Agenda packet — Santa Monica City Council, May 23, 2023 (part 4 of 4)

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Packet Pg. 1027 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study Fire
Proposed Budget Changes
34 Reallocate funds dedicated to Community Response Unit Pilot Project to add an EMS Battalion Chief, who will serve as the Departments Homeless Liaison Accept WCCOG funds to add contracted case manager for high users of 9-1-1
Restore 14-week Recruit Academy to provide opportunities for improved diversity and inclusion of underrepresented groups
Reclassify 3.0 Firefighter positions to 3.0 Captain positions to serve in the Emergency Incident Technician capacity
Add an as-needed 0.4 FTE EMS/Logistics position

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Packet Pg. 1028 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study Housing & Human Services
Proposed
Budget
Revenues Expenditures Positions
Perm / Temp
FY 2023-24 $34,677,056 $55,225,509 73.3 / 8.2
FY 2024-25 $35,370,822 $55,900,537 73.3 / 8.2
35 Key Areas of Focus
• Addressing and preventing
homelessness, Measure GS
• Project and tenant-based rental
and income assistance
• Affordable housing production,
preservation, and monitoring
• Out of school time programs at
Virginia Avenue Park, Police
Activities League, and CREST
• Human Services Grants
Program

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Packet Pg. 1029 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study Housing & Human Services
Proposed Budget Changes
• Add 5.5 FTE Housing Division staff
• Add 1.0 FTE ADA Coordinator
• Ongoing funding for limited expansion of CREST, PAL, and VAP youth programs
• Continue and expand multidisciplinary outreach teams
• Homelessness Strategic Plan
• Redesign SAMOSHEL to accommodate 24/7 intakes
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Packet Pg. 1030 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study Recreation & Arts
Proposed
Budget
Revenues Expenditures Positions
Perm / Temp
FY 2023-24 $6,704,970 $13,225,612 42.8 / 43.3
FY 2024-25 $6,620,195 $13,700,450 42.8 / 43.3
37 Key Areas of Focus
• Park and beach recreation
programs
• Swim Center, SaMoHi pool, and Beach House aquatics programs • Sports leagues, Memorial Park
Gym, The Cove Skatepark,
community classes
• Permits for sports fields, tennis
courts, community events, fitness
instructors
• Public Art, Beach House, Art of
Recovery, Acknowledge and
Reframe Together programs
• Equitable funding for
Organizational Support Program

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Packet Pg. 1031 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study Recreation & Arts
38 Proposed Budget Changes
• Add 3.0 FTE to create new department
• Ongoing Art of Recovery events
• Add 1.5 as-needed FTE to expand hours at Memorial Park Gym, Fitness Room and field rentals
• Add 0.5 FTE for Beach House event rentals
• Add 1.0 FTE and 0.6 as-needed FTE for City Pickleball Program • Resume Swim Center conference room rental (0.1 as-needed FTE)
• Expand cost-covering aquatic classes at SaMoHi aquatic center (0.1 as-needed FTE)

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Packet Pg. 1032 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study Recreation & Arts
39 Organizational Support Program (OSP)
• 23/24 OSP budget is $409,925, a 2% increase
over 2019, the last time the grant application
was opened.
• 27 applicants; 22 recommended for funding by
diverse jury panel of arts experts; 3 are new
• Awards range from $6K to $70K • Grant awards determined by a combination of jury score, previous grant award, and the
City’s available resources.
• Focus on level funding for organization
stability.

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Packet Pg. 1033 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study Human Resources
Proposed
Budget
Expenditures Positions
Perm
FY 2023-24 $6,308,341 26
FY 2024-25 $6,575,105 26
Key Areas of Focus
• HR ARC Mission Statement:
• Attract and Retain the Next Generation of Leaders
• Reinforce a Civil and Equitable Workplace
• Cultivate a Culture of Accountability, Empowerment and Leadership
• Moss Adams Organizational Review Recommendations
• Classification Analysis
• Consolidation and Clear Career Paths
• Technology Enhancements and Workflow Efficiencies
• Streamline Processes / New Benefit Administration System • Equity and Inclusion
• Municipal Code Enhancements
40 7.A.g
Packet Pg. 1034 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study Human Resources
Proposed Budget Changes
• Funding for services to administer selection/examination processes to establish eligibility lists for employee recruitment • Funding for classification and compensation studies
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Packet Pg. 1035 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study Information Services
Proposed
Budget
Revenues Expenditures Positions
Perm / Temp
FY 2023-24 $5,940,113 $12,974,857 52 / 0.5
FY 2024-25 $5,807,440 $13,591,029 52 / 0.5
Key Areas of Focus
• Mission: Leverage technology in support of responsive City services and an exceptional digital experience for the people of Santa Monica.
• Key projects include:
oComplete update to City's web presence
oReplace the Computer Assisted
Dispatch/Records Management System (CAD/RMS)
o Award contract for the City's new permitting technologies oComputer Equipment Replacement Program and
implement Managed Print Services
42 7.A.g
Packet Pg. 1036 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study Information Services
Proposed Budget Changes
• Convert 1.0 FTE limited-term Business Process Technology Analyst to Permanent position
• Ongoing funding for technology-related items, such as A/V maintenance contract for City Hall campus and DocuSign
• Consolidate Community Broadband into General Fund for greater efficiencies from more flexible sharing of resources 43 7.A.g
Packet Pg. 1037 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study Library
44 Proposed
Budget
Revenues Expenditures Positions
Perm / Temp
FY 2023-24 $114,465 $11,047,152 56.5 / 16.4
FY 2024-25 $120,318 $11,577,417 56.5 / 16.4

KEY AREAS OF FOCUS
Equitable and Inclusive Economic Recovery through literacy, learning, and community engagement Restore Library hours and services to meet community needs  FY 22/23 – added 35 hours per week of service, including evenings at all locations and Saturdays at two branches
 FY 23/24 – adds 22 additional hours per week, including later evenings at all locations and Saturdays at Main Library

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Packet Pg. 1038 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study Library
45 KEY AREAS OF FOCUS
Equitable and Inclusive Economic Recovery through literacy, learning, and community engagement Enhance user experience with a focus on facilities, infrastructure and safety  Reopened the Fairview Branch for self-service, all branches OPEN for community use Emphasize values of equity and inclusion through community engagement, library services, programs and policies.
 Programs are up 54%  Materials circulation is up 13%  Visitors are up 51%

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Packet Pg. 1039 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study Library
46 Proposed Budget Changes Restore additional service
hours at all open locations • Main Library opens
Saturdays
• Main Library opens earlier M-Th • All locations extend evening hours
Add 3.0 FTE (Library Services
Officer, Library Assistant II,
Librarian I)
Add 4,026 as-needed hours
(Library Assistant I, Library
Assistant II, Librarian I)

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Packet Pg. 1040 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study POLICE
47 Goals
Ad d re ssing C rim e a nd Public Sa fety
• Exp a nd Hom e le ss O utre a c h a nd Eng a g e m e nt • Enha nc e Pe d e stria n a nd Tra ffic Sa fe ty
• Utiliz e a nd re fine ALPR c a m e ra ne tw ork in d ow ntow n a re a • Inc re a se fre q ue nc y of sp e c ia l op e ra tions throug h c olla b ora tion of Pub lic Se rvic e O ffic e rs, Pa trol O p e ra tions, DSU, HLP a nd Da RT
Pe rsona l De ve lop m e nt a nd Re silie nc e
• Enha nc e a b ility to re c ruit a nd hire q ua lifie d c a nd id a te s • Exp a nd We llne ss a nd Re silie nc e Initia tive throug h a d e d ic a te d he a lth c a m p a ig n utiliz ing ne w ly a c q uire d sta te gra nt fund s
• Enha nc e a nd im p rove FTO p rog ra m
• Inc re a se e m p loye e op p ortunitie s for g row th a nd p rofe ssiona l d e ve lop m e nt

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Packet Pg. 1041 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study POLICE
48 Goals
Stre ng the ning Trust a nd Re la tionship s
• Enha nc e C om m unity Eng a g e m e nt throug h inc re a se d NRO q ua lity of life c a m p a ig ns • Youth De ve lop m e nt a nd Eng a g e m e nt throug h e xp a nsion of the De p a rtm e nt’s LEAD Prog ra m Te c hnolog y a nd Infra struc ture
• Le ve ra g e ne w ly a c q uire d te c hnolog y of LIVE 911 to im p rove UAS re sp onse • Re se a rc h, d e sig n, a nd im p le m e nt d e p a rtm e nt’s Re a l Tim e C rim e C e nte r, • “S.M.A.R.T” C e nte r

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Packet Pg. 1042 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study POLICE
Proposed Budget Changes
• Expand Homeless Liaison Program (6 Officers, 1 Sergeant) and add funding for Mental Health Clinician
• Expand parking security services at Downtown parking structures • OT Funding for DaRT Team
49 Proposed Budget Revenues Expenditures Positions
Sworn /Civilian / Temp
FY 2023-24 $18,053,443 $116,043,633 228 / 166.5 / 21
FY 2024-25 $17,089,292 $119,724,933 228 / 166.5 / 21

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Packet Pg. 1043 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study Transportation
Proposed
Budget
Revenues Expenditures Positions
Perm / Temp
FY 2023-24 $153,046,637 $110,737,702 472.3 / 0.5
FY 2024-25 $165,660,897 $115,332,204 472.3 / 0.5
50 Key Areas of Focus
Re stora tion of se rvic e to p re - p a nd e m ic le ve ls • Comprehensive Operational Analysis – to inform potential new service models and adding 6,000 revenue service hours to improve frequency and improve travel trip times.
• 17 MCO Students currently in training, 16 have graduated since January 1, 2023.
• Adding 26 hours of public counter service at GoSamo Center. • Recruitment and retention efforts through community
partnerships, job fairs, two-day hiring events, wellness programs.

Enha nc e Sa fe ty & Se c urity
• Proposed Transit Safety Officers onboard buses/ continued partnership with SMPD Detail at high frequency bus stops. • Expand security patrol hours and locations of parking structures.
• Complete Traffic Signal inventory and assessment.
• Six Schools Pedestrian Safety Project (Safe Routes to School). • 7th Street Activation Project with security fencing, bus stop enhancements, three dog exercise areas and food vendors.

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Packet Pg. 1044 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study Transportation
Key Areas of Focus
C ustom e r Exp e rie nc e • Enhanced parking structure cleaning and maintenance
through partnerships with
DTSM and other city
departments.
• Delivery of 15 BEB’s and
procurement of an
additional 30 BEB’s over the
biennial process for a
cleaner and safer ride.
• Technology enhancements
to improve bus arrival times,
more real time e-signs, new
fleet communication system
to inform customers.
• Additional credit card
readers at beach lots.
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Packet Pg. 1045 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study Transportation
Prop ose d Bud g e t C ha ng e s
Proposed budget cha nges
re fle c t stra te g ic inve stm e nts to
e nha nc e sa fe ty throug hout the
tra nsp orta tion ne tw ork a nd
re store se rvic e to p re- p a nd e m ic
le ve ls. Ne t inc re a se of 3.0 FTE’s.
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Packet Pg. 1046 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study Public Works
Proposed
Budget
Revenues Expenditures Positions
Perm / Temp
FY 2023-24 $172,077,590 $164,477,732 480.5 / 0.4
FY 2024-25 $186,597,020 $172,900,571 480.5 / 0.4
Key Areas of Focus
• Continue maintaining and enhancing the City's facilities, infrastructure, and public spaces
• Implement the Sustainable Water Master Plan and position the City to achieve water self-sufficiency
• Attain regulatory compliance towards Zero Waste
• Deliver key capital improvements that support vital city operations including a microgrid at the City Yards Campus, new Ground Water Wells and Arcadia Water Treatment Plant Upgrades.
• Strategic Planning for Conversion of the Airport
• Advance carbon neutrality through green power and building and vehicle electrification
• Continue efforts to identify and pursue funding from external sources 53 7.A.g
Packet Pg. 1047 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study Public Works
• Funding to establish specialized
public space maintenance
team focusing on waste and
debris generated by people
experiencing homelessness
(3.0 FTE permanent)
Proposed Budget Changes (General Fund)
54 • Ongoing funding for
maintenance of the water
features at Ken Genser
and Tongva Parks
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Packet Pg. 1048 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study Public Works
• Funding to increase tree pruning
frequencies in high-traffic areas to improve
safety and aesthetics of our public spaces
55 Proposed Budget Changes (General Fund)
• Funding for maintenance to
support additional service
hours at the Main Library
• Funding to support hybrid public meetings (Ge ne ra l Fund a nd Airp ort Fund ) 55 7.A.g
Packet Pg. 1049 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study Public Works
• Staffing to enhance alley clearing, illegal dumping and bulky item pickup services, bike lane sweeping, comply with State mandatory organics recycling, and work towards Zero Waste goal, funded by new rate adjustments. (RRR: 18.0 FTE p e rm a ne nt, - 2.9 FTE tempora ry)
Proposed Budget Changes (Other Funds)
56 56

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Packet Pg. 1050 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study Public Works
• Funding to repair and replace
aging equipment at airport
hangars (Airp ort)
57 Proposed Budget Changes (Other Funds)
• Funding to continue the Trades Intern
Program, which focuses on supporting
and empowering vulnerable Santa
Monica youth and adults (Airp ort, Wa te r
& Wa ste w a te r: 3.0 FTE p e rm a ne nt)
• Staffing to help advance water
conservation projects (Wa ste w a te r: 2.0
FTE p e rm a ne nt)
• Staffing changes to align positions with
operational responsibilities (Wa te r &
Cemetery)
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Packet Pg. 1051 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study Capital Improvement Program
Addendum to the FY 2022-24 Adopted Biennial CIP
Budget
58 7.A.g
Packet Pg. 1052 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study General Fund ,
$13.5 M
Water,
Wastewater
and Clean
Beaches
$26.9 M
Big Blue Bus ,
$25.5 M
Grants, Gas Tax,
Local Return
and CDBG ,
$15.8M
Vehicle
Replacement ,
$10.3 M
Airport, $8.2 M
All Others,
$16.8M
Capital Improvement Program
PROPOSED FY 2023-24 EXCEPTION-BASED CIP BUDGET
TOTAL BUDGET: $104.1 MILLION (excludes internal transfers) Non-General Funds
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Packet Pg. 1053 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study Capital Improvement Program
•Reed Park Improvements: $0.2 million (General Fund)
•Vehicle Management Program: $0.25 million (General Fund) •Marine Park Basketball Court Reconstruction: $0.4 million (Special Revenue) •Park Improvements Program: $0.25million (Special Revenue) •19th Street Open Space Project – Phase 1: $0.5 million (CDBG) •Virginia Ave. Park Basketball Court Replacement: $0.4 million (CDBG) •Virginia Ave. Park Commercial Kitchen: $0.15 million (CDBG) CIP Budget Adjustments
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Packet Pg. 1054 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study Capital Improvement Program • Wilshire Active Transportation Safety Project: $0.1 million (Grant)
• Bus Terminal at PCH and Sunset Blvd: $1.0 million (Local Return) • Parking Study: $0.25 million (Local Return) • Cemetery Elevator Retrofit: $0.17 million (Cemetery Fund) • 7th Street Fencing Upgrade: $0.3 million (Big Blue Bus Fund) • Administration Building Upgrade: $4.0 million (Big Blue Bus Fund) CIP Budget Adjustments
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Packet Pg. 1055 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study Capital Improvement Program
Unfunded Projects (Not Comprehensive)
62 • Parking Structure 1 Seismic
Retrofit
• Memorial Park Expansion
• Lincoln Neighborhood Corridor
Streetscape
• Street Light Upgrades
• Vehicle and Computer
Replacement
• Gandara Park Restoration
• Airport ParkExpansion
• Memorial ParkPhases2-3
• Fire Station Facilities
• City Hall North Wing Building
System Upgrade
• Pier Deck Upgrades
• Pier West End Upgrade
• Public Landscape Relocation

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Packet Pg. 1056 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study OTHER BUSINESS:

City Fee Changes
63 New
• Planning Fees – scaled down
reviews
• Beach House contractorinstructed
• Parking and Mobility additional
activities
• Cemetery spaces
• Election Fees
Adjusted
• Carousel Building Rental
• Urban Run-off In Lieu
• Aquatics Staffing
• Library room rental
• EV User

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Packet Pg. 1057 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study OTHER BUSINESS:

Fiscal Policy Changes
Already
Approved
• Suspend Unfunded Pension Liability
Paydown until at least FY 2027-28
Need
Approval
• Continue 5-year forecasting
• Eliminate GF year end savings setasides for department use • Rebuild GF Rainy Day Fund annually to
reach 15%

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Packet Pg. 1058 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study June 27 – Public Hearing: Adoption of the FY 2023-25 Biennial Budget • Final changes
• Changes from this evening
• Incorporating Organizational Support Program and Human Services Grants Program grant awards
• Resolutions
Next Steps
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Packet Pg. 1059 Attachment: PowerPoint Presentation (5224 : FY 2023-2025 Biennial Budget Study City Council
Report
City Council Meeting: May 23, 2023
Agenda Item: 10.A
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance to Cancel Development Agreement 13DEV-010 that Allowed Construction of a Multi-Screen Movie Theater Complex on the Third Level of Santa Monica Place at 315 Colorado Avenue
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on May 9, 2023, the City Council introduced for first reading an Ordinance to cancel Development Agreement 13DEV-010 that allowed construction of a multiscreen movie theater complex on the third level of Santa Monica Place at 315 Colorado Avenue. The ordinance is now presented to the City Council for adoption.

Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:

A. CDD-Ord-Cancellation of SMP Theater DA

10.A
Packet Pg. 1060
1 City Council Meeting May 23, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA CANCELLING DEVELOPMENT AGREEMENT 13DEV-010

BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL CORPORATION, AND

MACERICH SMP LP, A DELAWARE LIMITED PARTNERSHIP
WHEREAS, on April 22, 2014, City Council approved Development Agreement 13DEV-010 (“Development Agreement”) to allow the construction of a multi-screen movie theater complex on the third level of Santa Monica Place, located at 315 Colorado Avenue (the “project”); and
WHEREAS, at the time of the Development Agreement’s approval, and pending completion of the Downtown Community Plan (“DCP”), the City’s Interim Zoning Ordinance (“IZO”) required the project to be reviewed though a development agreement because the project exceeded the height limitations in the IZO but was within the eightyfour-foot height limit allowed by the Land Use and Circulation Element (“LUCE”); and WHEREAS, consistent with LUCE land use policies at the time, the Development Agreement included a suite of community benefits required by Macerich, including, but not limited to, contributions towards construction of the City’s Colorado Esplanade Project and the Downtown Wayfinding Metro Grant project, provisions for making theaters available to the American Film Market, a transportation demand management plan, local hiring provisions, and sustainable features; and
WHEREAS, the tenant space that was created as a result of the Development Agreement has not been used a movie theater since March 2020, and any new uses of

10.A.a
Packet Pg. 1061 Attachment: CDD-Ord-Cancellation of SMP Theater DA (5777 : SMP Theater DA Cancellation - Second Reading) 2 the space would require a separate process to determine what, if any, discretionary permits are required; and
WHEREAS, Macerich is proposing a new museum in the tenant space, a permitted use in the DCP’s Transit Adjacent Zone; and
WHEREAS, these key community benefits required were satisfied concurrently with the completion of construction of the project or are no longer applicable where the use of the space will no longer be for a movie theatre; and WHEREAS, many of the terms and conditions contained in the Development Agreement are also structured for a single-purpose theater use that is no longer in operation, and, therefore, restrict the reuse of the vacant tenant space for other permitted uses identified in the DCP; and
WHEREAS, since the approval of the Development Agreement, the height limit has been increased in the DCP, and a development agreement would no longer be required for the project; and
WHEREAS, facilitating the reuse of this anchor tenant space for a visitor-andcommunity-serving immersive art use, or other permitted use, will help support the overall economic recovery efforts of both the City and private property owners in Santa Monica’s Downtown, contribute to the Downtown Core as being a thriving, mixed-use urban environment, and provide entertainment, arts, and cultural opportunities to residents and visitors alike; and
WHEREAS, pursuant to Santa Monica Municipal Code Section 9.60.150, either the City or applicant or successor in interest may propose an amendment or cancellation in whole or in part of a development agreement; and

10.A.a
Packet Pg. 1062 Attachment: CDD-Ord-Cancellation of SMP Theater DA (5777 : SMP Theater DA Cancellation - Second Reading) 3 WHEREAS, except as provided for in Santa Monica Municipal Code 9.60.180, a development agreement may only be amended or cancelled in whole or in part by the mutual consent of all parties to the subject development agreement; and WHEREAS, Macerich has requested that the Development Agreement be cancelled; and
WHEREAS, on April 19, 2023, the Planning Commission conducted a duly-noticed public hearing to consider the proposed Development Agreement cancellation, and, after considering oral and written testimony, recommended to the City Council that the City Council agree to cancel the Development Agreement; and
WHEREAS, on May 9, 2023, the City Council conducted a duly-noticed public hearing to consider the proposed cancellation and the Planning Commission’s recommendation.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Development Agreement 13DEV-010 adopted by City Council on April 22, 2014, is hereby cancelled in its entirety pursuant to Santa Monica Municipal Code Section 9.60.150.

SECTION 2. 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 3. 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

10.A.a
Packet Pg. 1063 Attachment: CDD-Ord-Cancellation of SMP Theater DA (5777 : SMP Theater DA Cancellation - Second Reading) 4 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 of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. 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:
_________________________
Douglas Sloan, City Attorney

10.A.a
Packet Pg. 1064 Attachment: CDD-Ord-Cancellation of SMP Theater DA (5777 : SMP Theater DA Cancellation - Second Reading) City Council
Report
City Council Meeting: May 23, 2023
Agenda Item: 10.B
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance to Amend Santa Monica Municipal Code Chapter 6.20, Home-Sharing and Vacation Rentals, to Authorize Home-Sharing in Certain Qualifying Accessory Structures and Incorporate a Home-Sharing Legalization Program
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on May 9, 2023, the City Council introduced for first reading an Ordinance to amend Santa Monica Municipal Code Chapter 6.20, Home-Sharing and Vacation Rentals, to authorize home-sharing in certain qualifying accessory structures and incorporate a Home-Sharing Legalization Program. The ordinance is now presented to the City Council for adoption.

Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:

A. CCD-ord-Homeshare Legalization Program 2d

10.B
Packet Pg. 1065
City Council Meeting: May 23, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 6.20, HOME-SHARING

AND VACATION RENTALS, TO AUTHORIZE HOME-SHARING IN CERTAIN

QUALIFYING ACCESSORY STRUCTURES AND INCORPORATE A HOME-SHARING

LEGALIZATION PROGRAM
WHEREAS, on May 12, 2015, the Council adopted Ordinance 2484 (CCS), adding Santa Monica Municipal Code Chapter 6.20, Home-Sharing and Vacation Rentals, to clarify the City’s long-standing prohibition of renting any dwelling unit, in whole or in part, for a period of thirty consecutive days or less for exclusive transient use, or “vacation rentals”, and to relax that prohibition by allowing renting of one or more bedrooms in a dwelling unit that is the primary residence of the host for a period of thirty consecutive days or less, while the host lives on site, in the dwelling unit, throughout the visitors’ stay, or “home-sharing” (the “Home-Sharing Ordinance”); and
WHEREAS, on January 24, 2017, Council adopted Ordinance 2535 (CCS) to amend the Home-Sharing Ordinance to clarify certain definitions and, in response to portions of the ordinance challenged by home-sharing platforms, to limit the obligations imposed on those platforms; and
WHEREAS, on June 27, 2017, Council adopted Ordinance 2547 (CCS), to amend the Home-Sharing Ordinance to treat accessory dwelling units (“ADUs”) that received building permits on or after March 31, 2017 as separate dwelling units for the purpose of defining home-sharing activity; and

10.B.a
Packet Pg. 1066 Attachment: CCD-ord-Homeshare Legalization Program 2d (5778 : Home Share - Second Reading) WHEREAS, on September 24, 2019, Council adopted Ordinance 2616 (CCS), to further amend the Home-Sharing Ordinance to strengthen regulation of home-sharing and vacation rentals; and
WHEREAS, permitting regulated home-sharing while prohibiting vacation rentals strikes an important balance: allowing residents to supplement their income through home-sharing and providing home-share visitors with potentially more affordable accommodations, while deterring landlords from evading rent control laws, evicting tenants, and converting residential units into de facto hostels or hotels, thus removing needed permanent housing from the market while at the same time changing the character of and undermining community ties in residential neighborhoods; and WHEREAS, Santa Monica Municipal Code Section 9.21.020 provides that accessory structures shall be considered part of the principal building if the accessory building is located less than 6 feet from the principal building or if connected to it by fully enclosed space; and
WHEREAS, Santa Monica Municipal Code Section 9.21.020 prohibits an accessory structure from containing a shower or tub enclosure; and WHEREAS, the Santa Monica Municipal Code previously required certain property owners to record deed restrictions which, in part, prohibited using accessory structures that were not accessory dwelling units as rented rooms or sleeping quarters; and WHEREAS, since September 2020, the City has denied applications for renewal of home-share licenses for properties that were previously approved for home-share due to changes in regulations in the home-share regulations or because the permits were previously erroneously issued; and

10.B.a
Packet Pg. 1067 Attachment: CCD-ord-Homeshare Legalization Program 2d (5778 : Home Share - Second Reading) WHEREAS, on June 8, 2021, City Council directed staff to return with proposed amendments to Santa Monica Municipal Code Chapter 6.20, the City’s home-sharing ordinance, to allow the home-sharing of detached accessory buildings located more than six feet from the main building occupied by the host; and WHEREAS, amendments to Santa Monica Municipal Code Section 9.21.020 were also necessary for consistency with Council direction; and WHEREAS, until the amendments to Chapter 6.20 and Section 9.21.020 could occur, on October 25, 2022, City Council adopted a Resolution to Establish a HomeShare Legalization Program (“Program”) that allowed Council to authorize previously licensed home-share operators to receive a temporary, conditional license to resume operations pending updates to the Home-Share Ordinance, as long as the proposed home-share units do not have any outstanding unpermitted work in order to protect the health and safety of home-sharing guests;
WHEREAS, that Program expires on the earlier of: 1) effective date of amendments to Santa Monica Municipal Code Chapter 6.20 and Section 9.21.020; or (2) June 30, 2023; and
WHEREAS, on April 11, 2023, the City Council adopted Ordinance Number 2742 (CCS), amending the text of the Zoning Ordinance to, among other things, eliminate the prohibition on accessory structures from containing a shower or tub enclosure, which is expected to become effective May 11, 2023; and
WHEREAS, Council now seeks to codify the Program through amendments to Chapter 6.20 prior to the June 30, 2023, expiration date.

10.B.a
Packet Pg. 1068 Attachment: CCD-ord-Homeshare Legalization Program 2d (5778 : Home Share - Second Reading)

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Santa Monica Municipal Code Section 6.20.010 is hereby amended to read as follows:

6.20.010 Definitions.

For purposes of this Chapter, the following words or phrases shall have the following meanings:
(a) Accessory Dwelling Unit. “Accessory Dwelling Unit” shall have the same meaning as set forth in 9.21.020(A). An accessory dwelling unit that received its building permit on or after March 31, 2017, constitutes a separate dwelling unit for purposes of this Chapter.
(b) Bedroom. Any habitable space in a dwelling unit other than a kitchen or living room that is intended for or capable of being used for sleeping, is at least seventy square feet in area, is separated from other rooms by a door, and is accessible to a bathroom without crossing another bedroom.
(c) Booking Transaction. Any reservation or payment service provided by a person who facilitates a home-sharing or vacation rental transaction between a prospective visitor and a host.
(d) Dwelling Unit. One or more rooms designed, occupied, or intended for occupancy as separate living quarters, with full cooking, sleeping, and bathroom facilities for the exclusive use of a single household. A dwelling unit includes a single‐family residence, and each unit of an apartment, duplex, or multiple dwelling structure designed as a separate habitation for one or more persons, but does not include units located within

10.B.a
Packet Pg. 1069 Attachment: CCD-ord-Homeshare Legalization Program 2d (5778 : Home Share - Second Reading) City-approved hotels, motels, and bed and breakfasts, as defined in Section

9.51.030(B)(15). Notwithstanding anything to the contrary in 9.21.020(A), for purposes of this Chapter, an accessory building shall be considered part of the principal dwelling unit if it is located on the same parcel as the principal building. (e) Eligible Resident. Any natural person who: (1) is either: (i) a long-term resident of a dwelling unit, or (ii) an owner of a dwelling unit; and (2) uses that dwelling unit as his or her primary residence.
(f) Home-Sharing. Renting for a period of thirty consecutive days or less, one or more bedrooms in a dwelling unit that is the primary residence of the host, while the host lives on site, in the dwelling unit, throughout the visitors’ stay. A dwelling unit rented out for home-sharing is referred to as a “home-share.”
(g) Host. Any natural person who is an eligible resident of a dwelling unit offered for use as a home-share.
(h) Hosting Platform. A person who participates in the home-sharing or vacation rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation. (i) Lives On Site. Maintains a physical presence in the dwelling unit, including, but not limited to, sleeping overnight, preparing and eating meals, and engaging in other activities in the dwelling unit, of the type typically maintained by a natural person in the dwelling unit in which he or she is an eligible resident. (j) Long-Term Resident. Any natural person who, as of the date a home-share application is submitted pursuant to Section 6.20.021: (1) has occupied the dwelling unit that is the subject of the home-share application as his or her primary residence for at

10.B.a
Packet Pg. 1070 Attachment: CCD-ord-Homeshare Legalization Program 2d (5778 : Home Share - Second Reading) least the prior twelve months; and (2) has either: (i) if the natural person is a tenant, subtenant, lessee, or sublessee, a written rental housing agreement for the dwelling unit for a period of twelve months or more after the date the home-share application is submitted, or (ii) if the natural person is not a tenant, subtenant, lessee, or sublessee, written documentation establishing that the natural person will reside at the dwelling unit for a period of twelve months or more after the date the home-share application is submitted.
(k) Owner. Any person who, alone or with others, has legal or equitable title to a dwelling unit. A person whose interest in a dwelling unit is solely that of a tenant, subtenant, lessee, or sublessee under an oral or written rental housing agreement shall not be considered an owner.
(l) Person. Any natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, or organization of any kind. (m) Primary Residence. The usual place of return for housing of an owner or longterm resident as documented by at least two of the following: motor vehicle registration, driver’s license, California state identification card, voter registration, income tax return, property tax bill, or a utility bill. A person can only have one primary residence. (n) Vacation Rental. Renting for a period of thirty consecutive days or less any dwelling unit, in whole or in part, for exclusive transient use. Exclusive transient use shall mean that no eligible resident of the dwelling unit lives on site, in the dwelling unit, throughout any visitor’s stay. Rentals of units located within City-approved hotels, motels, and bed and breakfasts shall not be considered vacation rentals. (o) Visitor. A natural person who rents a home-share or vacation rental.

10.B.a
Packet Pg. 1071 Attachment: CCD-ord-Homeshare Legalization Program 2d (5778 : Home Share - Second Reading) SECTION 2. Santa Monica Municipal Code Section 6.20.110 is hereby added to read as follows:

6.20.110 Home-Sharing Legalization Program.

Notwithstanding the foregoing, or anything to the contrary in this Code, an accessory dwelling unit that received its building permit on or after March 31, 2017, shall not constitute a separate dwelling unit for purposes of this Chapter if it meets all of the following conditions:
(a) The City previously issued the applicant a home-share permit for the dwelling unit in accordance with this Chapter;
(b) The City subsequently denied the applicant’s request to renew the home-share permit due to changes in the City’s home-share regulations or because the permit was previously erroneously issued; and
(c) The dwelling unit applicant proposes to use for home-sharing activities does not have any outstanding code violation for unpermitted work.

SECTION 3. 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 the extent necessary to effect the provisions of this Ordinance.

SECTION 4. 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

10.B.a
Packet Pg. 1072 Attachment: CCD-ord-Homeshare Legalization Program 2d (5778 : Home Share - Second Reading) declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 5. 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:
_________________________
Douglas Sloan, City Attorney

10.B.a
Packet Pg. 1073 Attachment: CCD-ord-Homeshare Legalization Program 2d (5778 : Home Share - Second Reading) City Council
Report
City Council Meeting: May 23, 2023
Agenda Item: 10.C
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance Amending the Text of the Santa Monica Municipal Code to Confirm the Applicability of Certain Zoning and Health and Safety Regulations to Wireless Facilities Subject to Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on May 9, 2023, the City Council introduced for first reading an Ordinance amending the text of the Santa Monica Municipal Code to confirm the applicability of certain zoning and health and safety regulations to wireless facilities subject to Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities. The ordinance is now presented to the City Council for adoption.

Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:

A. CDD-Ord-ZO Amendments re Wireless Facilities 2d

10.C
Packet Pg. 1074
1 City Council Meeting: May 23, 2023 Santa Monica, California ORDINANCE NUMBER _____ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA

AMENDING THE TEXT OF THE ZONING ORDINANCE TO CONFIRM THE

APPLICABILITY OF CERTAIN ZONING AND HEALTH AND SAFETY REGULATIONS

TO WIRELESS FACILITIES SUBJECT TO SANTA MONICA MUNICIPAL CODE CHAPTER 9.32
WHEREAS, Federal law limits or preempts local regulations applicable to certain wireless facilities, including, but not limited to, personal wireless service facilities and “over-the-air reception devices” (“OTARDs”); and
WHEREAS, personal wireless service facilities are facilities for the provision of personal wireless services and are generally infrastructure deployed by cellular network providers, and, although commonly associated with satellite television services, OTARDs also include antennas that provide fixed wireless broadband Internet; and WHEREAS, on August 28, 2018, the City Council adopted Ordinance No. 2583 (the “2018 Ordinance”) which amended Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities, to update the City’s regulations applicable to wireless facilities for consistency with State and Federal law; and WHEREAS, consistent with Federal regulations, the 2018 Ordinance limits regulation of personal wireless facilities to the provisions of Chapter 9.32 and further expressly exempts OTARD antennas from the minor use permit requirements in Chapter

9.32; and

10.C.a
Packet Pg. 1075 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 2 WHEREAS, the intent of the OTARD exemption was to avoid a conflict with Federal regulations that prohibit local discretionary zoning permits for qualifying OTARDs; and
WHEREAS, the Zoning Ordinance’s regulations for “communications facilities”, which existed prior to the adoption of Ordinance 2583, could be misconstrued to regulate personal wireless service facilities and OTARDs in violation of Federal law; and WHEREAS, in addition, staff is aware of at least one instance where building permits were not obtained prior to installation of an OTARD, which required code enforcement action to remedy; and
WHEREAS, on March 14, 2023, the City Council adopted emergency Interim Zoning Ordinance Number 2739 (CCS), which amended the City’s Zoning Ordinance to immediately confirm the City’s intention to limit zoning regulation of personal wireless service facilities and exempt and OTARDs from zoning regulations in accordance with Federal law while expressly requiring compliance with applicable public health and safety regulations; and
WHEREAS, on March 15, 2023, the Planning Commission adopted Resolution Number 23-008 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance to confirm the applicability of certain zoning and health and safety regulations to wireless facilities subject to Santa Monica Municipal Code Chapter 9.32; and WHEREAS, on April 12, 2023, the Planning Commission conducted a duly noticed public hearing, and, after considering oral and written testimony regarding the proposed amendments to the text of the Zoning Ordinance, adopted Resolution Number 23-009

10.C.a
Packet Pg. 1076 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 3 (PCS), recommending that the City Council amend the text of the Zoning Ordinance based on the following findings:

1. The proposed amendments to the text of the Zoning
Ordinance are consistent with the General Plan and any applicable Specific Plans in that the proposed amendments are declarative of existing law, affirm the existing policies in the Zoning Ordinance, and provide clear guidance on the applicable permitting requirements and procedures for personal wireless service facilities and “over-the-air reception devices” (“OTARDs”) to all stakeholders. The proposed amendments will not change the regulation of personal wireless service facilities and OTARDs.

2. The proposed amendments to the text of the Zoning
Ordinance are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the amendments will confirm the City’s intention to limit zoning regulation of personal wireless service facilities and exempt and OTARDs from zoning regulations in accordance with Federal law while expressly requiring compliance with applicable public health and safety regulations.

WHEREAS, on May 9, 2023, the City Council conducted a duly noticed public hearing, and, after considering all oral and written testimony, desires to adopt the proposed Zoning Ordinance amendments as set forth below.

10.C.a
Packet Pg. 1077 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 4 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Based upon the oral and written testimony presented to the City Council at the public hearing on May 9, 2023, regarding the amendments to the text of the Zoning Ordinance, the City Council hereby makes the following findings:

1. The amendments to the text of the Zoning Ordinance are consistent with the General Plan and any applicable Specific Plans in that the amendments are declarative of existing law, affirm the existing policies in the Zoning Ordinance, and provide clear guidance on the applicable permitting requirements and procedures for personal wireless service facilities and “over-the-air reception devices” (“OTARDs”) to all stakeholders. The amendments will not change the regulation of personal wireless service facilities and OTARDs.

2. The amendments to the text of the Zoning Ordinance are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the amendments will confirm the City’s intention to limit zoning regulation of personal wireless service facilities and exempt and OTARDs from zoning regulations in accordance with Federal law while expressly requiring compliance with applicable public health and safety regulations.

10.C.a
Packet Pg. 1078 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 5 SECTION 2. Santa Monica Municipal Code Section 9.13.020 is hereby amended to read as follows:

9.13.020 Land Use Regulations
Table 9.13.020 prescribes the land use regulations for the Employment Districts. The regulations for each district are established by letter designations below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“—” designates uses that are not permitted.

Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the Santa Monica Municipal code (“Zoning Ordinance”). Use classifications and sub-classifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance.

10.C.a
Packet Pg. 1079 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 6 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.

Single Unit Dwelling – – P
Accessory Dwelling Unit – – P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit – – P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Structure – – P
Senior Citizen Multiple-Unit Residential – – P
Single-Room Occupancy Housing – – P
Congregate Housing L (1) L (1) P
Senior Group Residential CUP CUP P Section 9.31.310, Senior Group Residential
Elderly and Long-Term Care – P P
Emergency Shelters L (2)/CUP L (2)/CUP L (2)/CUP Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.

Small P P P
Large P P P Section 9.31.140, Family Day Care,
Large
Residential Facilities See sub-classifications below.

Residential Care, Limited P P P Section 9.31.270, Residential Care Facilities
Residential Care, Senior P P P
Hospice, Limited P P P
Supportive Housing P P P
Transitional Housing P P P
Public and Semi-Public Uses
Adult Day Care MUP P P
Child Care and Early Education Facilities MUP P P Section 9.31.120, Child Care and Early Education Facilities
Colleges and Trade Schools, Public or Private – CUP –
Community Assembly CUP CUP CUP
Community Gardens P P P
Cultural Facility – – CUP
Hospitals and Clinics – – P
Park and Recreation Facilities, Public P P P
Public Safety Facilities MUP MUP P
Schools, Public or Private L (3)/CUP L (3)/CUP P
Social Service Centers MUP MUP P Section 9.31.350, Social Service Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.

Kennels CUP – –
Pet Day Care Services MUP – –

10.C.a
Packet Pg. 1080 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 7 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Veterinary Services P – –
Automobile/Vehicle Sales and Service See sub-classifications below.

Alternative Fuels and Recharging
Facilities L (5)/CUP CUP –
Automobile Rental L (4) P –
Section 9.31.050, Automobile
Rental
Automobile Storage Use CUP CUP –
Automobile/Vehicle Sales and Leasing CUP CUP –
Section 9.31.070,
Automobile/Vehicle Sales, Leasing,
and Storage
Automobile/Vehicle Repair, Major L (5)/CUP – –
Section 9.31.060,
Automobile/Vehicle Repair, Major
and Minor
Automobile/Vehicle Service and Repair,
Minor L (5)/CUP – –
Section 9.31.060,
Automobile/Vehicle Repair, Major
and Minor
Automobile/Vehicle Washing CUP – –
Section 9.31.080,
Automobile/Vehicle Washing
Large Vehicle and Equipment Sales,
Service, and Rental CUP – –
Service Station L (5)/CUP CUP – Section 9.31.320, Service Stations Towing and Impound L (5)/CUP – –
Banks and Financial Institutions See sub-classifications below.

Banks and Credit Unions – L (6) CUP
Business Services P L (6) P
Commercial Entertainment and Recreation See sub-classifications below.

Cinemas – – –
Theaters L (7)/CUP – –
Convention and Conference Centers – CUP –
Small-Scale Facility L (8)/CUP MUP (6) CUP Section 9.31.340, Small-Scale Facility, Game Arcades
Eating and Drinking Establishments See sub-classifications below.

10.C.a
Packet Pg. 1081 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 8 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (Greater than 5,000
SF)
– CUP (6) P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Food Hall (up to 175 seats) CUP CUP CUP
Equipment Rental P – P
Food and Beverage Sales See sub-classifications below.

Convenience Markets L (6) L (6) P
Farmers Markets CUP – –
Funeral Parlor and Mortuary – – CUP
Live-Work L (14) CUP L (14) Section 9.31.170, Live-Work Offices See sub-classifications below.

Business and Professional L (9) P P
Creative P P –
Medical and Dental – P P
Walk-In Clientele L (10) L (6) L (10)
Parking, Public or Private CUP CUP CUP
Personal Services See sub-classifications below.

General Personal Services – L (6) P
Personal Services, Physical Training – L (6) CUP
Retail Sales See sub-classifications below.

Building Materials Sales and Services P – –
Section 9.31.220, Outdoor Retail
Display and Sales
Firearms and Ammunition Sales – – –
General Retail Sales, Small-Scale CUP (11) MUP (6) P Section 9.31.220, Outdoor Retail Display and Sales
Medical Marijuana Dispensaries – – CUP Section 9.31.185, Medical Marijuana Dispensaries
Industrial Uses
Artist’s Studio P P P
Commercial Kitchens P – –
Industry, General P CUP (12) –
Research and Development P CUP (12) P
Industry, Limited P CUP (12) –
Media Production P P –
Recycling Facility See sub-classifications below.

Recycling Collection Facility P – –
Recycling Processing Facility P – –
Warehousing, Storage, and Distribution See sub-classifications below.

Indoor Warehousing and Storage P – –
Outdoor Storage CUP (13) – –
Personal Storage P CUP – Section 9.31.240, Personal Storage Wholesaling and Distribution P – –

10.C.a
Packet Pg. 1082 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 9 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P
City Bikeshare Facility P P P
Communication Facilities See sub-classifications below.

Antennas and Transmission Towers CUP – CUP
Facilities within Buildings CUP P CUP
Light Fleet-Based Services CUP – –
Utilities See sub-classifications below.

Utilities, Major P P –
Utilities, Minor P P P
Specific Limitations:
(1) Limited to 100% affordable housing projects. For senior citizen multiple-unit residential projects in the Office Campus District that are not 100% affordable approval of a Conditional Use Permit is required. (2) Homeless shelters with less than 55 beds are permitted by right. Homeless shelters with 55 beds or more may be permitted with application for and approval of a Conditional Use Permit. (3) Permitted if existing. New uses require approval of a Conditional Use Permit. (4) Limited to accessory automobile rental facilities located within automobile/vehicle repair use. (5) Permitted if located 100 ft. or more from any residential use or district. Conditional Use Permit required if located within 100 ft. of a residential use or district.
(6) Conditionally permitted as businesses that provide goods and services to employees on the premises. No more than 25% of the total square footage of a development may be devoted to such businesses. (7) Limited to theaters with 99 seats or less and 10,000 sq. ft. or less. Larger theaters require a Conditional Use Permit. (8) Exercise facilities (e.g., yoga, Pilates, martial arts, and dance studios) permitted by right. Other small-scale commercial recreation uses require a Conditional Use Permit.
(9) Permitted if existing or accessory to a primary permitted use on the same site and not exceeding 25 percent of the gross floor area of the primary permitted use.
(10) Permitted if existing. New uses are not permitted. (11) Limited to retail sales of goods manufactured on the premises provided that the floor space devoted to such use does not exceed 20% of the gross floor area of the primary permitted use or 2,000 sq. ft., whichever is less. (12) Such uses must be conducted within an enclosed building or an open enclosure screened from public view. In order to approve a Conditional Use Permit, the review authority must make a finding that proposed uses are compatible with office and advanced technological uses.
(13) Limited to outdoor storage of fleet vehicles if such vehicles are directly related to the primary operation on the site. (14) If the commercial use requires a MUP or CUP, an application shall be required in accordance with Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the Live-Work unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from uses that generate airborne particulates in a unit with an unenclosed kitchen.

SECTION 3. Santa Monica Municipal Code Section 9.32.030 is hereby amended to read as follows:

A. Applicable Facilities. This Chapter applies to all personal wireless service facilities within the City and all applications and requests for approval to construct, install, modify,

10.C.a
Packet Pg. 1083 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 10 collocate, relocate or otherwise deploy personal wireless service facilities in the City, unless exempted pursuant to subsection B of this Section.

B. Exempt Facilities. Notwithstanding subsection A of this Section, the provisions in this Chapter shall not be applicable to the facilities listed in this subsection B. The exemption from provisions in this Chapter shall not exempt the same facilities from the provisions and building permit requirements in Article 8 (Building Regulations).

1. Facilities installed in the public right-of-way governed by Chapter 7.70 (Public Right-of-Way Wireless Communication Facilities) of this Code;

2. Amateur radio facilities;

3. OTARD antennas;

4. Personal wireless service facilities installed completely indoors and not visible to the public intended to extend signals for personal wireless services in a personal residence or a business (such as a femtocell or indoor distributed antenna system); and

5. Personal wireless service facilities or equipment owned and operated by CPUC-regulated electric companies for use in connection with electrical power generation, transmission and distribution facilities subject to CPUC General Order 131- D.

C. Requests for Approval Pursuant to Section 6409(a). Any request to collocate, replace or remove transmission equipment at an existing tower or base station submitted with a written request for approval under Section 6409(a) shall be processed administratively pursuant to the standards and procedures established by the Director, in accordance with Federal law.

10.C.a
Packet Pg. 1084 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 11 SECTION 4. Santa Monica Municipal Code Section 9.51.030 is hereby amended read as follows:

9.51.030 Nonresidential Use Classifications
A. Public and Semi-Public Use Classifications.

1. Adult Day Care. Establishments providing non-medical care for persons 18 years of age or older on a less than 24-hour basis licensed by the State of California.

2. Cemetery. Establishments primarily engaged in operating sites or structures reserved for the interment of human or animal remains, including mausoleums, burial places, and memorial gardens.

3. Child Care and Early Education Facility. Establishments providing nonmedical care for persons less than 18 years of age on a less than 24-hour basis other than family day care (small and large). This classification includes commercial and nonprofit nursery schools, preschools, day care facilities for children, and any other day care facility licensed by the State of California. See Division 3, Section 9.31.120, Child Care and Early Education Facilities, for further details.

4. College and Trade School. Institutions of higher education providing curricula of a general, religious or professional nature, typically granting recognized degrees, including conference centers and academic retreats associated with such institutions. This classification includes junior colleges, business and computer schools, management training, technical and trade schools, but excludes personal instructional services such as music lessons.

5. Community Assembly. A facility for public or private meetings including community centers, banquet centers, religious assembly facilities, civic auditoriums,

10.C.a
Packet Pg. 1085 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 12 union halls, meeting halls for clubs and other membership organizations. This classification includes functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, and storage. It does not include gymnasiums or other sports facilities, convention centers, or facilities, such as day care centers and schools that are separately classified and regulated. See Division 3, Section 9.31.100, Community Assembly, for further details.

6. Community Garden. An area of land managed and maintained by a public or non-profit organization or a group of individuals to grow and harvest food crops and/or ornamental crops, such as flowers, for personal or group use, consumption, or donation.

Community gardens may be divided into separate plots for cultivation by 1 or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members. Community gardens may be accessory to public or institutional uses such as parks, schools, community centers, or religious assembly uses. This classification does not include gardens that are on a property in residential use when access is limited to those who reside on the property.

Community gardens do not include medical marijuana collectives.

7. Cultural Facility. Facilities engaged in activities to serve and promote aesthetic and educational interest in the community that are open to the public on a regular basis. This classification includes performing arts centers for theater, music, dance, and events; spaces for display or preservation of objects of interest in the arts or sciences; libraries; museums; historical sites; aquariums; art galleries; and zoos and botanical gardens. It does not include schools or institutions of higher education providing curricula of a general nature.

10.C.a
Packet Pg. 1086 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 13 8. Hospitals and Clinics. State-licensed public, private, and non-profit facilities providing medical, surgical, mental health, or emergency medical services. This classification includes facilities for inpatient or outpatient treatment, including substanceabuse programs, as well as training, research, and administrative services for patients and employees. This classification excludes veterinary services and animal hospitals (see Animal Care, Sales, and Services).
a. Hospital. A facility providing medical, surgical, mental health, or services primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors. b. Clinic. A facility providing medical, mental health, or surgical services exclusively on an out-patient basis, including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment. This classification includes licensed facilities offering substance abuse treatment, blood banks, plasma, dialysis centers, and emergency medical services offered exclusively on an out-patient basis. This classification does not include private medical and dental offices that typically require appointments and are usually smaller scale (see Offices, Medical and Dental).

9. Park and Recreation Facility. Parks, playgrounds, recreation facilities, trails, wildlife preserves, and related open spaces, which are open to the general public.

This classification also includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, golf courses, and botanical gardens, as well as related food

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Packet Pg. 1087 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 14 concessions or community centers within the facilities and restrooms within a primary structure or in an accessory structure on the same site.

10. Public Safety Facility. Facilities providing public-safety and emergency services, including police and fire protection and emergency medical services, with incidental storage, training and maintenance facilities.

11. School. Facilities for primary or secondary education, including public schools, charter schools, and private and parochial schools.

12. Social Service Center. Facilities providing a variety of supportive services for disabled and homeless individuals and other targeted groups on a less than 24-hour basis. Examples of services provided are counseling, meal programs, personal storage lockers, showers, instructional programs, television rooms, and meeting spaces. This classification is distinguished from licensed day care centers (see Adult Day Care and Child Care and Early Education Facility), clinics (see Clinic), and emergency shelters providing 24-hour or overnight care (see Emergency Shelter).

B. Commercial Use Classifications.

1. Adult-Oriented Business. See Sexually-Oriented Businesses.

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Packet Pg. 1088 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 15 a fixed location, and excludes pet supply stores that do not sell animals or provide on-site animal services (see General Retail Sales).
b. Kennel. A commercial, non-profit, or governmental facility for keeping, boarding, training, breeding or maintaining 4 or more dogs, cats, or other household pets not owned by the kennel owner or operator on a 24-hour basis.

This classification includes animal shelters and animal hospitals that provide boarding-only services for animals not receiving services on the site but excludes the provision by shops and hospitals of 24-hour accommodation of animals receiving medical services on site. This classification also includes kennels that, in addition to 24-hour accommodation, provide pet care for periods of less than 24 hours but it does not include facilities that provide pet day care exclusively or predominantly.
c. Pet Day Care Service. A commercial, non-profit, or governmental facility for keeping 4 or more dogs, cats, or other household pets not owned by the kennel owner or operator primarily for periods of less than 24 hours. d. Veterinary Service. Veterinary services for domesticated animals.

This classification allows 24-hour accommodation of animals receiving medical services but does not include kennels.

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Packet Pg. 1089 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 16 as well as equipment to recharge electric-powered vehicles. This classification does not include facilities within public garages or other stations that are accessory to a permitted use.
b. Automobile Rental. Rental of automobiles. Typical uses include car rental agencies. See Division 3, Section 9.31.050, Automobile Rental, for further details.
c. Automobile Storage Parcel. Any property used for short- or long-term parking of vehicles for sale or lease at an automobile dealership or rental agency on a separate parcel from such agency or dealership.
d. Automobile/Vehicle Sales and Leasing. Sale or lease, retail or wholesale, of new or used automobiles, light trucks, motorcycles, motor homes, and trailers, together with associated repair services and parts sales for vehicles sold or leased by the manufacturer associated with the dealership. (For auto repair, see Automobile/Vehicle Service and Repair, Major and Minor.) This classification includes on-site facilities for maintaining an inventory of vehicles for sale or lease but excludes buildings and property on a separate site that are used for storing vehicles (see Automobile Storage Parcel). Typical uses include automobile dealers and recreational vehicle sales agencies. This classification also includes minor on-site preparation, washing, buffing, waxing, and detailing of vehicles for sale or vehicles repaired at the facility. Any outdoor preparation, washing, buffing, waxing, and detailing of vehicles shall comply with the standards of Section

9.31.080(C), (D), (M), (N), (P), and (Q). This classification does not include automobile brokerage and other establishments that solely provide services of

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Packet Pg. 1090 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 17 arranging, negotiating, assisting, or effectuating the purchase of automobiles for others. See Division 3, Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage, for further details.
e. Automobile/Vehicle Repair, Major. Repair of automobiles, trucks, motorcycles, motor homes, boats and recreational vehicles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, auto glass services, vehicle painting, tire sales and installation, and installation of car alarms, sound, telecommunications, and navigation systems, but excludes vehicle dismantling or salvaging and tire retreading or recapping. See Division 3, Section 9.31.060, Automobile/Vehicle Repair, Major and Minor, for further details.
f. Automobile/Vehicle Service and Repair, Minor. The service and repair of automobiles, light-duty trucks, boats, and motorcycles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as an accessory use to a gasoline sales station or automotive accessories and supply store, as well as smog check quick-service oil, tune-up and brake and muffler shops where repairs are made or service provided in enclosed bays and no vehicles are stored overnight. This classification excludes disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles; automotive body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors or hazardous materials, and

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Packet Pg. 1091 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 18 towing services. It also excludes repair of heavy trucks, limousines or construction vehicles. See Division 3, Section 9.31.060, Automobile/Vehicle Repair, Major and Minor, for further details.
g. Automobile/Vehicle Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles, that are the principal use of a building, structure, or site, including self-serve washing facilities. See Division 3, Section

9.31.080, Automobile/Vehicle Washing, for further details. h. Large Vehicle and Equipment Sales, Service, and Rental. Sales, servicing, rental, fueling, and washing of large trucks, trailers, tractors, and other equipment used for construction, moving, agricultural, or landscape gardening activities. Includes large vehicle operation training facilities. i. Service Station. Establishments primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing minor automobile/vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or providing accessory food and retail services. See Division 3, Section 9.31.320, Service Stations, for further details. j. Towing and Impound. Establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as vehicle storage and emergency road repair services (for automobile dismantling, see Salvage and Wrecking). This classification includes parcels used for storage of impounded vehicles.

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Packet Pg. 1092 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 19 4. Banks and Financial Institutions.
a. Bank and Credit Union. Financial institutions providing retail banking services. This classification includes only those institutions engaged in the on-site circulation of money, including credit unions, but excluding check-cashing businesses. For administration, headquarters, or other offices of banks and credit unions without retail banking services/on-site circulation of money (see Offices, Business and Professional).
b. Check Cashing Business. Establishments that, for compensation, engage in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification also includes the business of deferred deposits, whereby the check casher refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code 1789.33. Check Cashing Businesses do not include State or Federally chartered banks, savings associations, credit unions, or industrial loan companies. They also do not include retail sellers engaged primarily in the business of selling consumer goods, such as consumables to retail buyers that cash checks or issue money orders incidental to their main purpose or business.

5. Bar. See Eating and Drinking Establishments.

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Packet Pg. 1093 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 20 processing, model building, and delivery services with 2 or fewer fleet vehicles on-site. (For 3 or more fleet vehicles, see Light Fleet-Based Services.)

7. Commercial Entertainment and Recreation. Provision of participant or spectator entertainment. This classification may include restaurants, snack bars, and other incidental food and beverage services to patrons. a. Cinema. Facilities for indoor display of films and motion pictures. b. Theater. Facilities designed and used for entertainment, including plays, comedy, and music, which typically contain a stage upon which movable scenery and theatrical appliances or musical instruments and equipment are used. c. Convention and Conference Centers. Facilities designed and used for conventions, conferences, seminars, trade shows, product displays, and other events in which groups gather to promote and share common interests.

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Packet Pg. 1094 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 21 facilities; ice or roller skating rinks; swimming or wave pools; miniature golf courses; bowling alleys; archery or indoor shooting ranges; and riding stables. e. Small-Scale Facility. This classification includes small, generally indoor facilities that occupy less than 5,000 square feet of building area, such as billiard parlors, card rooms, game arcades, dance halls, small tennis club facilities, poolrooms, and amusement arcades.
f. Fortunetelling. An establishment where a person or persons provide fortunetelling services and demand or receive, directly or indirectly, a fee or reward, or accept any donation for the exercise or exhibition of fortunetelling services, or give an exhibition of fortunetelling services at any place where a fee, donation or reward is charged or received, directly or indirectly as a condition of entry. Fortunetelling services shall include, but not be limited to, the telling of fortunes, forecasting of futures, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, psychic reading, occult reading, clairvoyance, clairaudience, cartomancy, psychometry, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, tarot card readings, tea leaves, telepathy or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic of any kind or nature.

8. Eating and Drinking Establishments. Businesses primarily engaged in selling and serving prepared food and/or beverages for consumption on or off the premises.

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Packet Pg. 1095 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 22 a. Bar/Night Club/Lounge. Businesses that are licensed by the State to serve alcoholic beverages, including beer, wine and mixed drinks for consumption on the premises from a liquor service facility that is physically separate from the dining area and may be operated during hours when food is not served. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details. b. Restaurant, Full-Service. Restaurants providing food and beverage services to patrons who order and are served while seated and pay after eating.

Takeout service may also be provided. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, where applicable, for further details.
c. Restaurant, Limited-Service and Take-Out. Establishments where food and beverages may be consumed on the premises, taken out, or delivered.

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Packet Pg. 1096 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 23 retail venues. Patrons may be served while seated and pay after eating, or orders may be made at a walk-up window, counter, machine, or remotely, and payment made prior to food consumption. Characteristics of food halls include but are not limited to: shared entrance/lobby areas, compartmentalized spaces for individually licensed businesses, shared eating areas, shared restrooms, and shared “back of house” areas (e.g., storage, dishwashing, food preparation). Each compartmentalized space may have access to the exterior of the building, along with outdoor dining and seating areas, which may be shared with other businesses within the establishment.
e. With Drive-Through Facility. Establishments providing food and beverage services to patrons remaining in automobiles. Includes drive-up service. f. With Outdoor Dining and Seating Area. Provision of outdoor dining facilities on the same property or in the adjacent public right-of-way. See Division 3, Section 9.31.200, Outdoor Dining and Seating, for further details.

9. Equipment Rental. Establishments whose primary activity is the rental of equipment, such as medical and party equipment, to individuals and business, and whose activities may include storage and delivery of items to customers.

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Packet Pg. 1097 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 24 have long or late hours of operation and occupy a relatively small building. This classification includes small retail stores located on the same parcel as or operated in conjunction with a Service Station but does not include delicatessens or specialty food shops. It excludes establishments that offer a sizeable assortment of fresh fruits and vegetables or fresh-cut meat (see General Market). See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details. b. Farmers Market. A location where the primary activity is the sale of agricultural products by producers and certified producers. Sales of ancillary products may occur at the location. An open air farmers market may only be operated by a local government agency.
c. General Market. Retail food markets of food and grocery items primarily for offsite preparation and consumption. Typical uses include supermarkets and specialty food stores such as retail bakeries; candy, nuts and confectionary stores; meat or produce markets; vitamin and health food stores; cheese stores; and delicatessens. This classification may include small-scale specialty food production with retail sales such as pasta shops. See Division 3, Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.150, General Markets in Residential Districts, where applicable, for further details. d. Liquor Store. Establishments primarily engaged in selling packaged alcoholic beverages for off-site consumption. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details.

11. Funeral Parlor and Mortuary. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human remains and

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Packet Pg. 1098 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 25 conducting memorial services. Typical uses include a crematory, columbarium, mausoleum, or mortuary.

12. Home Occupation. A use that is incidental and secondary to the primary residential use of a dwelling and compatible with surrounding residential uses. These uses include business, professional, and creative offices, food production, limited personal services, and urban agriculture. See Division 3, Section 9.31.160, Home Occupations for further details.

13. Instructional Services. Establishments that offer specialized programs in personal growth and development, typically in a classroom setting. Typical uses include classes or instruction in music, health, athletics, art, or academics. Instructional Services may include rehearsal studios as an accessory use. This use type excludes Colleges and Trade Schools and facilities that offer instructional services (see General Personal Services). This use type also excludes gyms, exercise clubs, or studios offering performing arts, martial arts, physical exercise, or yoga training and similar types of instruction. See Personal Services-Physical Training.

14. Live-Work. A unit that combines a work space and incidental residential space occupied and used by a single household in a structure that has been constructed for such use or converted from commercial or industrial use and structurally modified to accommodate residential occupancy and work activity in compliance with the Building Code. The working space is reserved for and regularly used by 1 or more occupants of the unit. See Division 3, Section 9.31.170, Live-Work Units, for further details.

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Packet Pg. 1099 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 26 15. Lodging. An establishment providing overnight accommodations to transient patrons who maintain a permanent place of residence elsewhere for payment for periods of 30 consecutive calendar days or less.
a. Bed and Breakfast. A residential structure that is in residential use in which the property owner or manager lives on site and within which up to 4 bedrooms are rented for overnight lodging and where meals may be provided. See Division 3, Section 9.31.090, Bed and Breakfasts, for further details. b. Hotel and Motel. An establishment providing temporary lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. This use classification includes motor lodges, motels, apartment hotels, hostels and tourist courts, but does not include rooming houses, boarding houses, or private residential clubs, single-room occupancy housing, or bed and breakfast establishments within a single-unit residence. c. Vacation Rental. A property with a dwelling unit or guest house intended for permanent occupancy that is available for rent or hire for any person other than the primary owner for transient use for 30 days or less or is otherwise occupied or utilized on a transient basis for 30 days or less. Vacation rental does not include a Bed and Breakfast as defined above.

16. Maintenance and Repair Service. Establishments engaged in the maintenance or repair of office machines, household appliances, furniture, and similar items. This classification excludes maintenance and repair of motor vehicles or boats (see Automotive/Vehicle Sales and Services) and personal apparel (see Personal Services).

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Packet Pg. 1100 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 27 17. Mobile Food Truck Off-Street Venue. A location where the commercial vending of food occurs from parked vehicles.

18. Nursery and Garden Center. Establishments primarily engaged in retailing nursery and garden products—such as trees, shrubs, plants, seeds, bulbs, and sod—that are predominantly grown elsewhere. These establishments may sell a limited amount of a product they grow themselves. Fertilizer and soil products are stored and sold in packaged form only.

19. Offices. Offices of firms, organizations (for-profit and non-profit), and public agencies providing professional, executive, management, administrative or design services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, investment, insurance, and legal offices, excluding banks and savings and loan associations with retail banking services (see Banks and Financial Institutions). This classification also includes offices where medical and dental services are provided by physicians, dentists, chiropractors, acupuncturists, optometrists, and similar medical professionals, including medical/dental laboratories within medical office buildings but excluding clinics or independent research laboratory facilities (see Research and Development) and hospitals (see Hospital and Clinic). a. Business and Professional. Offices of firms, organizations, or agencies providing professional, executive, management, administrative, financial, accounting, or legal services, but excluding those that primarily provide direct services to patrons that visit the office (see Offices, Walk-In Clientele). b. Creative. Offices, production spaces, and work spaces of establishments that are in the business of the development, publishing, production,

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Packet Pg. 1101 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 28 or distribution of creative property, including, but not limited to, advertising, architectural services, broadcasting, communications, computer software design, media content, entertainment, engineering, fashion design, film distribution, graphic design, interior design, internet content, landscape design, photography, and similar uses.
c. Medical and Dental. Offices providing consultation, diagnosis, therapeutic, preventive, or corrective personal treatment services by doctors and dentists; medical and dental laboratories that see patients; and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. Incidental medical and/or dental research within the office is considered part of the office use if it supports the on-site patient services. d. Walk-In Clientele. Offices predominantly providing direct services to patrons or clients and do not require appointments. This use classification includes employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, and offices for elected officials. It does not include banks or check-cashing facilities, which are separately classified and regulated (see Banks and Financial Institutions).

20. Parking, Public or Private. Structures and surface lots offering parking for a fee when such use is not incidental to another on-site activity.

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Packet Pg. 1102 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 29 plants), shoe repair shops, self-service laundries, video rental stores, photocopying and photo finishing services, and travel agencies mainly intended for the consumer. This classification also includes massage establishments that are in full compliance with the applicable provisions of Chapter 6.104, Massage Regulations, of the Santa Monica Municipal Code, and in which all persons engaged in the practice of massage are certified pursuant to the California Business and Professions Code Section 4612. This classification does not include gyms, exercise clubs, or studios offering performing arts, martial arts, physical exercise, or yoga training and similar types of instruction. See Division 3, Section

9.31.230, Personal Service, for further details.
b. Personal Services, Physical Training. Gyms, exercise clubs, or studios less than 5,000 square feet offering martial arts, physical exercise, yoga training and similar types of instruction to classes and groups. This classification also includes exclusively youth-serving studios of less than 3,000 square feet offering performing arts, dance, martial arts, physical exercise, and similar types of instruction to classes and groups of more than 5 persons. c. Tattoo or Body Modification Parlor. An establishment whose principal business activity is one or more of the following: (i) using ink or other substances that result in the permanent coloration of the skin through the use of needles or other instruments designed to contact or puncture the skin; or (ii) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. See Division 3, Section 9.31.230, Personal Service, for further details.

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Packet Pg. 1103 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 30 22. Retail Sales.
a. Building Materials and Services. Retail sales or rental of building supplies or equipment. This classification includes lumberyards, tool and equipment sales or rental establishments, and includes establishments devoted principally to taxable retail sales to individuals for their own use. This definition does not include Construction and Material Yards, hardware stores less than 10,000 square feet or establishments engaged in the business of selling, leasing, or otherwise transferring any firearm or ammunitions.
b. General Retail Sales, Small-Scale. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes retail establishments with 25,000 square feet or less of sales area; including department stores, clothing stores, furniture stores, pet supply stores, small hardware and garden supply/nurseries stores (with 10,000 square feet or less of floor area), and businesses retailing goods including, but not limited to, the following: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, video rental, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar small10.C.a Packet Pg. 1104 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 31 item repairs. See Division 3, Sections 9.31.210, Outdoor Newsstands, and

9.31.220, Outdoor Retail Display and Sales, where applicable, for further details. c. General Retail Sales, Medium-Scale. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes retail establishments with more than 25,000 square feet but not more than 80,000 square feet of sales area.
d. General Retail Sales, Large-Scale. Retail establishments with over 80,000 square feet of sales area that sell merchandise and bulk goods for individual consumption, including membership warehouse clubs, where sales of grocery items do not occupy more than 25 percent of the floor area. e. Medical Marijuana Dispensary. Any facility, building, structure, or fixed location where 1 or more qualified patients and/or persons with identification cards and/or primary caregivers cultivate, distribute, sell, dispense, transmit, process, exchange, give away, or otherwise make available marijuana for medical purposes. The terms “primary caregiver,” “qualified patient,” and “person with an identification card” shall be as defined in California Health and Safety Code Section 11362.5 et seq.
i. A medical marijuana dispensary shall not include the following uses, as long as the location of such uses are otherwise regulated by applicable law and as long as any such use complies strictly with applicable law, including, but not limited to, California Health and Safety Code Section 11362.5 et seq.:

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Packet Pg. 1105 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 32 (1) A clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code.
(2) A health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code.
(3) A residential care facility for persons with chronic lifethreatening illness licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code.
(4) A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code.
(5) A residential hospice, or a home health agency
licensed pursuant to Chapter 8 of the California Health and Safety Code.
ii. A medical marijuana dispensary shall also not include any dwelling unit where qualified patients or persons with an identification card permanently reside and collectively or cooperatively cultivate marijuana onsite for their own personal medical use and does not include the provision, cultivation, or distribution of medical marijuana at this dwelling unit by primary caregivers for the personal medical use of the qualified patients or persons with an identification card who have designated the individual(s) as a primary caregiver, in accordance with California Health and Safety Code Sections 11362.5 and 11362.7 et seq.

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Packet Pg. 1106 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 33 f. Pawn Shop. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property. g. Swap Meet. Any indoor or outdoor place, in an approved location, or for an approved activity where new or used goods or secondhand personal property is offered for sale or exchange to the general public by a multitude of individual licensed vendors, usually in compartmentalized spaces. The term swap meet is interchangeable with and applicable to: flea markets, auctions, open air markets, outdoor sales activities, or other similarly named or labeled activities; but does not include supermarket or department store retail operations. See Division 3, Sections 9.31.360, Swap Meets, and 9.31.220, Outdoor Retail Display and Sales, for further details.

23. Restaurants. See Eating and Drinking Establishments.

24. Sexually-Oriented Business. See Chapter 9.59, Sexually-Oriented Businesses, for details
C. Industrial Use Classifications.

1. Artist’s Studio. Work space for an artist or artisan, including individuals practicing 1 of the fine arts or performing arts, or an applied art or craft. This use may include incidental display and retail sales of items produced on the premises and instructional space for small groups of students. It does not include joint living and working units (see Live-Work).
a. Studio-Light. Small-scale art production that is generally of a low impact. Typical uses include painting, photography, jewelry, glass, textile, and pottery studios.

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Packet Pg. 1107 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 34 b. Studio-Heavy. Art production on a medium or large scale generally using heavy equipment. Typical uses include large-scale metal and woodworking studios.

2. Commercial Kitchen. Kitchens used for the preparation of food to be delivered and consumed off-site. Typical uses include catering facilities. This classification does not include businesses involved in the processing or manufacturing of wholesale food products (see Industry, Limited).

3. Construction and Material Yard. Storage of construction materials or equipment on a site other than a construction site.

4. Industry, General. Manufacturing of products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. This classification includes operations such as agriculture processing; biomass energy conversion; production apparel manufacturing; photographic processing plants; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; primary metal manufacturing; fabricated metal product manufacturing; and automotive and heavy equipment manufacturing.

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Packet Pg. 1108 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 35 machine and electrical shops; computer and electronic product manufacturing; furniture and related product manufacturing; and industrial services. It also includes the preparation, manufacturing, and/or packaging of food, medicinal cannabis, and medicinal cannabis products for off-site use or consumption using nonvolatile solvents, or no solvents. Typical food manufacturing uses include canners, roasters, breweries, wholesale bakeries, and frozen food manufacturers.

6. Media Production. Establishments engaged in the production of movies, video, music and similar forms of intellectual property. Typical facilities include movie and recording studios and production facilities, distribution facilities, editing facilities, catering facilities, printing facilities, post-production facilities, set construction facilities, sound studios, special effects facilities and other entertainment-related production operations.

This classification does not include facilities for live audiences (see Commercial Entertainment and Recreation) or transmission and receiving equipment for radio or television broadcasting (see Communication Facility).
a. Support Facility. Administrative and technical production support facilities such as offices, editing and sound recording studios, film laboratories, and similar functions that occur entirely within a building. b. Full-Service Facility. Indoor and outdoor production facilities, distribution facilities, post-production facilities, set construction facilities, sound stages, special effects facilities, and other media-related production operations.

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Packet Pg. 1109 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 36 and solid waste transfer operations and are classified as utilities (see Utilities, Major). See Division 3, Section 9.31.260, Recycling Facilities, for further details. a. Recycling Collection Facility. An incidental use that serves as a neighborhood drop-off point for the temporary storage of recyclable materials but where the processing and sorting of such items is not conducted on-site. b. Recycling Processing Facility. A facility that receives, sorts, stores and/or processes recyclable materials.

8. Research and Development. A facility for scientific research and the design, development, and testing of electrical, electronic, magnetic, optical, pharmaceutical, chemical, and biotechnology components and products in advance of product manufacturing. This classification includes assembly of related products from parts produced off-site where the manufacturing activity is secondary to the research and development activities.

9. Salvage and Wrecking. Storage and dismantling of vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of goods, including, but not limited to any used building materials, used containers or steel drums, used tires, and similar or related articles or property.

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Packet Pg. 1110 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 37 b. Indoor Warehousing and Storage. Storage within an enclosed building of commercial goods prior to their distribution to wholesale and retail outlets and the storage of industrial equipment, products and materials. This classification also includes cold storage, draying or freight, moving and storage, and warehouses. It excludes the storage of hazardous chemical, mineral, and explosive materials.
c. Outdoor Storage. Storage of vehicles or commercial goods or materials in open parcels.
d. Personal Storage. Facilities offering enclosed storage with individual access for personal effects and household goods, including mini-warehouses and mini-storage. This use excludes workshops, hobby shops, manufacturing, or commercial activity.
e. Wholesaling and Distribution. Indoor storage and sale of goods to other firms for resale; storage of goods for transfer to retail outlets of the same firm; or storage and sale of materials and supplies used in production or operation, including janitorial and restaurant supplies. Wholesalers are primarily engaged in business-to-business sales, but may sell to individual consumers through mail or internet orders. They normally operate from a warehouse or office having little or no display of merchandise, and are not designed to solicit walk-in traffic. This classification does not include wholesale sale of building materials (see Building Materials and Services).

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Packet Pg. 1111 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 38 D. Transportation, Communication, and Utilities Use Classifications.

1. Airports and Heliports. Facilities for the takeoff and landing of airplanes and helicopters, including runways, helipads, aircraft storage buildings, public terminal buildings and parking, air freight terminals, baggage handling facilities, aircraft hangar and public transportation and related facilities, including bus operations, servicing and storage. This classification also includes support activities such as fueling and maintenance, storage, airport operations and air traffic control, incidental retail sales, coffee shops and snack shops, and airport administrative facilities, including airport offices, terminals, operations buildings, communications equipment, buildings and structures, control towers, lights, and other equipment and structures required by the United States Government and/or the State for the safety of aircraft operations.

2. Bus/Rail Passenger Station. Facilities for passenger transportation operations. This classification includes rail and bus stations and terminals but does not include terminals serving airports or heliports. Typical uses include ticket purchasing and waiting areas out of the public right-of-way, restrooms, and accessory uses such as cafés.

3. City Bikeshare Facility. Land and equipment used for the operation or maintenance of a network of publicly-owned and publicly-available bicycles in a bikeshare system in the City of Santa Monica. These facilities may include stations, hubs, parking facilities, payment/customer service kiosks, map stands, and helmet vending.

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Packet Pg. 1112 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 39 mechanisms, as well as structures designed to support 1 or more reception or transmission systems. Typical uses include radio towers and television towers.

Notwithstanding the foregoing, facilities described in Chapter 9.32, including without limitation personal wireless service facilities and over-the-air reception devices (“OTARDs”) shall not be considered Antenna and Transmission Towers for purposes of this use classification and shall only be subject to the applicable provisions and permit requirements in Chapter 9.32, Personal Wireless Service Facilities.
b. Equipment within Buildings. Indoor facilities containing primarily communication equipment and storage devices such as computer servers.

5. Freight/Truck Terminal and Warehouse. Facilities for freight, courier, and postal services by truck or rail. This classification does not include local messenger and local delivery services (see Light Fleet-Based Service).

6. Light Fleet-Based Service. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of 3 or more vehicles with rated capacities less than 10,000 lbs. This classification includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, nonemergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses. This classification does not include towing operations (see Automobile/Vehicle Sales and Service, Towing and Impound) or taxi or delivery services with 2 or fewer fleet vehicles on-site (see Business Services).

7. Utilities, Major. Generating plants, electric substations, and solid waste collection, including transfer stations and materials recovery facilities, solid waste

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Packet Pg. 1113 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 40 treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.

8. Utilities, Minor. Facilities necessary to support established uses involving only minor structures, such as electrical distribution lines, and underground water and sewer lines.

9. Waste Transfer Facility. A facility that operates as a materials recovery, recycling and solid waste transfer operation providing solid waste recycling and transfer services for other local jurisdictions and public agencies that are not located within the City. The facility sorts and removes recyclable materials (including paper, metal, wood, inert materials such as soils and concrete, green waste, glass, aluminum and cardboard) through separation and sorting technologies to divert these materials from the waste stream otherwise destined for landfill.

SECTION 5. Any provision of the Santa Monica Municipal Code or any appendix 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 6. 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 of the ordinance would be subsequently declared invalid or unconstitutional.

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Packet Pg. 1114 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) 41 SECTION 7. 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:
_________________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 1115 Attachment: CDD-Ord-ZO Amendments re Wireless Facilities 2d (5791 : Wireless Facilities - Second Reading) City Council
Report
City Council Meeting: May 23, 2023
Agenda Item: 10.D
1 of 10
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and Adoption of Emergency Interim Zoning Ordinance Amending the Text of the Santa Monica Municipal Code to Confirm the Applicability of Certain Zoning and Health and Safety Regulations to Wireless Facilities Subject to Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities (CONTINUED FROM 5/09/2023)
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) and 15061(b)(3) (Common Sense Exemption) and Statutory Exemption pursuant to Section 15268 (Ministerial Projects) of the California Environmental Quality Act (CEQA) Guidelines.

2. Introduce and adopt an Emergency Interim Zoning Ordinance to extend interim zoning regulations to confirm the applicability of certain zoning and health and safety regulations to wireless facilities subject to Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities.

Summary
The City’s existing land use regulations contain an unintended conflict with federal law applicable to a special category of antennas. Federal law limits or preempts local regulations applicable to certain wireless facilities, including, but not limited to, personal wireless service facilities and “over-the-air reception devices” (“OTARDs”). Personal wireless service facilities are facilities for the provision of personal wireless services and are generally infrastructure deployed by cellular network providers. Although commonly associated with satellite television services, OTARDs also include antennas that provide fixed wireless broadband Internet.

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In 2018, the City amended the Zoning Ordinance, specifically Chapter 9.32, Personal Wireless Service Facilities, with the express intent of limiting regulation of personal wireless service facilities to the provisions of Chapter 9.32 and exempting OTARDs from the zoning process for consistency with Federal law. However, the Zoning Ordinance’s regulations for “communications facilities”, which existed prior to the 2018 amendments, could be misconstrued to regulate personal wireless service facilities and OTARDs in violation of federal law. In addition, staff is aware of at least one instance where building permits were not obtained prior to installation of an OTARD, which required code enforcement action to remedy.

On March 14, 2023, to avoid ambiguity in the City’s code and to mitigate the current and immediate threat to public health, safety, and welfare caused by unpermitted installations, Council adopted Emergency Interim Zoning Ordinance 2739 (CCS) (“IZO 2739”), to confirm the City’s intention to limit zoning regulation of personal wireless service facilities and exempt OTARDs from zoning regulations in accordance with Federal law while expressly requiring compliance with applicable public health and safety regulations. The Emergency Interim Zoning Ordinance was set to expire on May 13, 2023, unless extended.

On May 9, 2023, the City Council introduced for first reading an ordinance to amend the text of the Zoning Ordinance to confirm the applicability of certain zoning and health and safety regulations to wireless facilities subject to Santa Monica Municipal Code Chapter

9.32, Personal Wireless Service Facilities. However, Council continued the proposed adoption of an Emergency Interim Zoning Ordinance to extend IZO 2739 to May 23, 2023 due to the lack of five Councilmembers available to adopt an emergency ordinance.

Staff recommends adoption of the Emergency Interim Zoning Ordinance that would extend the interim zoning regulations established by IZO 2739 to allow time for the amendments to the Zoning Ordinance that were introduced for first reading on May 9, 2023 to take effect. In order to ensure continual effectiveness of the interim zoning regulations, staff proposes that the Emergency IZO be effective from May 9, 2023.

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Background
Fixed Wireless, Hub and Relay Antennas
Consumers at fixed locations access broadband Internet services through two basic types of connections: wireline or wireless. Wireline broadband involves a wired connection from the Internet service provider (“ISP”) directly to the customer premises.

Wireless broadband involves an antenna on the customer premises that sends/receives to other antennas that connect to the wired Internet network further down the line.

Some wireless ISPs (“WISPs”) rely on “hub and relay” network architecture that involves antennas at a fixed location that receive Internet traffic and distribute it to multiple customer locations. Commonly located on rooftops in commercial and/or densely populated environments, these hub-and-relay systems allow WISPs to place more transmitters and receivers within smaller coverage areas to increase capacity on the network by recycling frequencies more frequently. To encourage competition in the broadband marketplace, the Federal Communications Commission (“FCC”) recently adopted rules that exempt qualifying fixed wireless hub and relay antennas from local regulation.

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Federal Regulations Applicable to OTARDs
The FCC “prohibits laws, regulations, or restrictions imposed by State or local governments or private entities that impair the ability of antenna users to install, maintain, or use [OTARDs].”1 OTARDs include fixed wireless antennas (including hub and relay antennas) that receive or transmit fixed wireless signals.2 Fixed wireless signals are “any commercial non-broadcast communications signals transmitted via wireless technology to and/or from a fixed customer location.”3 To qualify as an OTARD, a fixed wireless antenna must be: (1) less that one meter in diameter or diagonal measurement; (2) installed “on property within the exclusive use or control of the antenna user where the user has a direct or an indirect ownership or leasehold interest”; (3) used to serve the customer on whose premises the antenna is located; and (4) used to provide broadband-only services.4 State and local restrictions on OTARD deployments are prohibited if they: (1) unreasonably delay or prevent OTARD use; (2) unreasonably increase OTARD cost; or (3) preclude a person from receiving or transmitting an acceptable quality signal.5 According to the FCC’s rules, traditional zoning procedural requirements, such as prior approval by local zoning boards, amount to unreasonable delay or prevention.6 The OTARD rule provides two exceptions related to building and safety regulations and historic preservation. Local restrictions may be permitted if related to a “clearly defined, legitimate safety objective that is either stated in the text, preamble, or legislative history 1 In re Updating the Commission’s Rule for Over-the-Air-Reception Devices, Report and Order, WT Docket No. 19-71, 36 FCC Rcd 537, 537-36 at ¶ 2 (Jan. 7, 2021) [hereinafter “2021 OTARD Order”].
2 47 C.F.R. § 1.4000(a)(1)(ii)(A).
3 Id. § 1.4000(a)(2).
4 2021 OTARD Order at ¶ 9.
5 Id. § 1.4000(a).
6 See In re Preemption of Local Zoning Regulation of Satellite Earth Stations and Implementation of Section 207 of the Telecommunications Act of 1996, Report and Order, Memorandum Opinion and Order, and Further Notice of Proposed Rulemaking, IB Docket No. 95-59, CS Docket No. 96-83, 11 FCC Rcd 19276, at ¶ 17 (Aug. 5, 1996).

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. . . .”7 Generalized safety concerns without a clear purpose or specific guidance for compliance are not sufficient to avoid federal preemption.8 However, to the extent that fixed wireless hub and relay antennas emit radio frequencies, OTARDs are also subject to compliance with FCC safety regulations for human exposure to radio frequency.9 Additionally, local restrictions may be permitted to the extent necessary to preserve locations included in or eligible for inclusion on the National Register of Historic Places.10 To satisfy either exemption, the regulation must be applied similarly to comparable devices and can be no more burdensome than necessary to achieve the safety or historic preservation objective.11 These exemptions are construed narrowly and the burden is on the local agency to justify that the exemption applies.12 Santa Monica Municipal Code
On August 28, 2018, the City Council adopted Ordinance No. 2583 (the “2018 Ordinance”) which amended Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities, to update the City’s regulations applicable to wireless facilities. These regulations primarily apply to the infrastructure deployed by cellular network providers for compliance with changes in federal and state laws.

Consistent with federal regulations, the 2018 Ordinance limits regulation of personal wireless facilities to the provisions of Chapter 9.32 and further expressly exempts OTARD antennas from the minor use permit requirements in Chapter 9.32. See SMMC § 9.32.030(B). The intent of the OTARD exemption was to avoid a conflict with federal regulations that prohibit local discretionary zoning permits for qualifying OTARDs. As a 7 47 C.F.R. § 1.4000(b)(1).
8 In re Star Lambert and Satellite Broadcasting and Communications Association of America, Memorandum Opinion and Order, DA97-1554, 12 FCC Rcd 10455, 10464-65 at ¶¶ 34-36 (July 22, 1997) (preempting a local standard that provided “[t]he public health, safety and welfare interests of the inhabitants of the City of Meade shall at all times be taken into consideration prior to the issuance of any permit and if any of these interests might be jeopardized by the issuance of a permit, the Building Official shall clearly define to the applicant his/her reasons for the failure to issue a permit.”).
9 2021 OTARD Order at ¶ 34.
10 47 C.F.R. § 1.4000(b)(2).
11 Id. § 1.4000(b).
12 Id. § 1.4000(g).

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clear expression of the City’s intent, Section 3 of the 2018 Ordinance further provides that “[a]ny 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.” In other words, any provision of the Santa Monica Municipal Code that purports to require a discretionary zoning decision for OTARD antennas was repealed by the 2018 Ordinance.

However, as explained in more detail below, the Zoning Ordinance’s regulations for the use classification for “communications facilities”, which were in place prior to the 2018 Ordinance, could be misconstrued to include OTARDs.

The same interpretive problem with respect to the use classification for “communication facilities” arises with respect to personal wireless service facilities regulated exclusively under Chapter 9.32. Although Chapter 9.32 generally prohibits traditional cell towers in residential zones, the use classifications and land use tables, which make reference to communication facilities, including the subclassification of antenna and transmission towers, could cause readers to misconstrue the prohibition as extending to additional zoning districts that the City Council did not prohibit in 2018 Ordinance. Therefore, because the 2018 Ordinance did not include text amendments to related provisions in the land-use tables and use classifications that were affected by the changes to Chapter

9.32, the City’s requirements are potentially confusing and should be clarified.

Emergency Interim Zoning Ordinance
On March 14, 2023, Council adopted Emergency Interim Zoning Ordinance 2739 (CCS) to confirm the City’s intention to limit zoning regulation of personal wireless service facilities and exempt OTARDs from zoning regulations in accordance with Federal law while expressly requiring compliance with applicable public health and safety regulations. The Emergency Interim Zoning Ordinance was set to expire on May 13, 2023, unless extended.

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On May 9, 2023, Council continued the proposed adoption of an Emergency Interim Zoning Ordinance to extend IZO 2739 due to the lack of five Councilmembers needed to be present to adopt an emergency ordinance. The proposed extension of the Emergency IZO would be effective from May 9, 2023, and would allow time for permanent regulations introduced for first reading on May 9, 2023, to become effective.

Past Council Actions
Meeting Date Description
08/28/18
(attachment A)
Adoption of Ordinance Repealing and Replacing in its Entirety the Text of Santa Monica Municipal Code Chapter 9.32 Pertaining to Personal Wireless Service Facilities
03/14/23
(attachment B)
Introduction and adoption of an Emergency Interim Zoning Ordinance to Confirm the Applicability of Certain Zoning and Health and Safety Regulations to Wireless Facilities Subject to Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities
04/09/23
(attachment C)
Introduction and First Reading of Ordinance Amending the Text of the Santa Monica Municipal Code to Confirm the Applicability of Certain Zoning and Health and Safety Regulations to Wireless Facilities Subject to Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities
Discussion
The primary conflict between the City’s intended regulation of personal wireless service facilities and exemption of OTARDs with other land use regulations involves the City’s use classification for “communication facilities”. Under SMMC § 9.51.030(D)(4), “communication facilities” are a type of non-residential use that include facilities for the provision of broadcasting and other information relay services through the use of electronic and telephonic mechanism. Given that fixed wireless OTARDs could be construed to provide information relay services through electronic mechanisms, applicants, planners and the public could mistakenly conclude that OTARDs are included in the use classification for communications facilities. The potential for confusion is exacerbated by the fact that the language in the 2018 Ordinance that clearly states that the provisions in Chapter 9.32 supersede all inconsistent provisions elsewhere in the code is uncodified—thus requiring the reader to know that uncodified

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provisions may govern potential conflicts between provisions adopted at different times and also where to find those uncodified provisions.

The tension between federal law and local law arises because the City is required by federal law to avoid prohibiting or effectively prohibiting personal wireless service facilities. Further, Federal law requires the City to permit OTARDs in all zones. With respect to OTARDs, under the City’s Zoning Ordinance, uses not listed in the City’s land use tables are prohibited by local law. For example, communication facilities are not listed in the use table for single-unit residential districts and are therefore prohibited.

See e.g., SMMC § 9.07.020, Table 9.07.020. Accordingly, to the extent that communication facilities are construed to include OTARDs, the City’s land use regulations would violate federal law by prohibiting OTARD antennas in single-unit residential zones. With respect to personal wireless service facilities, the City adopted procedures set forth in Chapter 9.32 that prohibit facilities in residential zones unless required by Federal law to make an exception. But to the extent communication facilities are construed to include personal wireless service facilities, the City’s land use regulations may prohibit or effectively prohibit facilities across a broader category of zoning districts that is inconsistent with Federal law.

To comply with federal law applicable to personal wireless service facilities and OTARDs, the proposed text amendments to the Zoning Ordinance are intended to eliminate the ambiguity by clarifying that personal wireless service facilities are exclusively regulated under Chapter 9.32 and that OTARD antennas are not subject to Article 9 (Planning and Zoning). OTARD antennas are expressly subject to building and safety review pursuant to Article 8 (Building Regulations). This would address the current and immediate threat to public health, safety and welfare posed by unpermitted facilities by providing clear guidance on the applicable permits and procedures for OTARD antennas. To further promote public health and safety, OTARDs that transmit radiofrequencies would continue to be subject to SMMC § 8.08.030(k) that authorizes the City to require testing as evidence of compliance with applicable codes and standards, including without limitation all applicable FCC standards for radio frequency

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emissions. The City’s review authority, consistent with Federal law, would not be altered in any way as a result of the proposed extension of the Emergency IZO.

Staff recommends extension of the Emergency IZO for four months until September 13, 2023. The proposed extension would allow permanent amendments to the text of the Municipal Code confirming the applicability of certain zoning and health and safety regulations to wireless facilities subject to Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities, to become effective.

Environmental Review
The text amendments that address personal wireless service facilities and OTARDs are exempt from CEQA pursuant to Section 15303 New Construction or Conversion of Small Facilities, of the State CEQA Guidelines. Section 15303 (Class 3) exempts the installation of wireless communications equipment at multiple locations. (See Aptos Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039; Robinson v. City and County of San Francisco (2012) 208 Cal.App.4th 950; San Francisco Beautiful v. City and County of San Francisco (2014) 226 Cal.App.4th 1012; Don’t Cell Our Parks v. City of San Diego, (2018) 21 Cal.App 5th 338. Personal wireless service facilities consist of the “construction and location of limited numbers of new, small facilities or structures, or the “installation of small new equipment and facilities in small structures” within the meaning of the Class 3 exemption. The text amendments that address OTARDs are exempt from CEQA pursuant to CEQA Guidelines Section 15268 Ministerial Projects. The approval of OTARDs involves a non-discretionary review process and the issuance of building permits, which are presumed to be ministerial.

Additionally, the text amendments that address OTARDs and personal wireless service facilities are also exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) Review for Exemptions – Common Sense Rule. It can be seen with certainty that the adoption of the text amendments will not have a significant effect on the environment because it will not allow for the development of any new or expanded facilities anywhere other than where they were previously allowed under existing local law. Therefore, the text amendments to permit OTARDs and personal wireless service facilities are categorically exempt from CEQA.

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Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.

Prepared By: Tony Kim, Principal Planner
Approved Forwarded to Council
Attachments:

A. City Council Meeting - August 28, 2018 (Web Link)
B. City Council Meeting - March 14, 2023 (Web Link)
C. City Council Meeting - May 9, 2023 (Web Link)
D. CDD--IZO re Wireless Facilities Ext 052323

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1 City Council Meeting: May 23, 2023 Santa Monica, California ORDINANCE NUMBER _____ (CCS)
(City Council Series)

AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SANTA MONICA EXTENDING INTERIM ZONING REGULATIONS TO

CONFIRM THE APPLICABILITY OF CERTAIN ZONING AND HEALTH AND SAFETY

REGULATIONS TO WIRELESS FACILITIES SUBJECT TO SANTA MONICA MUNICIPAL CODE CHAPTER 9.32
WHEREAS, Federal law limits or preempts local regulations applicable to certain wireless facilities, including, but not limited to, personal wireless service facilities and “over-the-air reception devices” (“OTARDs”); and
WHEREAS, personal wireless service facilities are facilities for the provision of personal wireless services and are generally infrastructure deployed by cellular network providers, and, although commonly associated with satellite television services, OTARDs also include antennas that provide fixed wireless broadband Internet; and WHEREAS, on August 28, 2018, the City Council adopted Ordinance No. 2583 (the “2018 Ordinance”) which amended Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities, to update the City’s regulations applicable to wireless facilities for consistency with State and Federal law; and WHEREAS, consistent with Federal regulations, the 2018 Ordinance limits regulation of personal wireless facilities to the provisions of Chapter 9.32 and further expressly exempts OTARD antennas from the minor use permit requirements in Chapter

9.32; and

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Packet Pg. 1126 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 2 WHEREAS, the intent of the OTARD exemption was to avoid a conflict with Federal regulations that prohibit local discretionary zoning permits for qualifying OTARDs; and
WHEREAS, the Zoning Ordinance’s regulations for “communications facilities”, which existed prior to the adoption of Ordinance 2583, could be misconstrued to regulate personal wireless service facilities and OTARDs in violation of Federal law; and WHEREAS, in addition, staff is aware of at least one instance where building permits were not obtained prior to installation of an OTARD, which required code enforcement action to remedy; and
WHEREAS, on March 14, 2023, the City Council adopted emergency Interim Zoning Ordinance Number 2739 (CCS) (“IZO 2739”), which established interim zoning regulations amending the City’s Zoning Ordinance to immediately confirm the City’s intention to limit zoning regulation of personal wireless service facilities and exempt and OTARDs from zoning regulations in accordance with Federal law while expressly requiring compliance with applicable public health and safety regulations; and WHEREAS, on March 15, 2023, the Planning Commission adopted Resolution Number 23-008 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance to confirm the applicability of certain zoning and health and safety regulations to wireless facilities subject to Santa Monica Municipal Code Chapter 9.32; and WHEREAS, on April 12, 2023, the Planning Commission conducted a duly noticed public hearing, and, after considering oral and written testimony regarding the proposed amendments to the text of the Zoning Ordinance, adopted Resolution Number 23-009

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Packet Pg. 1127 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 3 (PCS), recommending that the City Council amend the text of the Zoning Ordinance based on the following findings:

WHEREAS, on May 9, 2023, the City Council conducted a duly noticed public hearing to consider the Planning Commission’s recommendation and proposed amendments to the text of the Zoning Ordinance, and after considering all written and oral testimony introduced an ordinance for first reading to make such amendments to the Zoning Ordinance; and

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Packet Pg. 1128 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 4 WHEREAS, on May 9, 2023, the City Council continued to May 23, 2023, its consideration of an extension to the interim zoning regulations established by IZO 2739 due an insufficient number of council members available to pass an emergency ordinance; and
WHEREAS, the City Council desires to extend the interim zoning regulations established by IZO 2739 to allow time for the amendments to the text of the Zoning Ordinance that are being considered concurrently herewith to become effective; and WHEREAS, a current and immediate threat to the public health, safety and welfare continues to exist due to potential for unpermitted installations resulting from ambiguity in the City’s Zoning Ordinance.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Notwithstanding anything to the contrary in Santa Monica Municipal Code Section 9.13.020, that Section shall hereby read as follows:

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Packet Pg. 1129 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 5 “MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“—” designates uses that are not permitted.

TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.

Single Unit Dwelling – – P
Accessory Dwelling Unit – – P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit – – P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Structure – – P
Senior Citizen Multiple-Unit Residential – – P
Single-Room Occupancy Housing – – P
Congregate Housing L (1) L (1) P
Senior Group Residential CUP CUP P
Section 9.31.310, Senior Group
Residential
Elderly and Long-Term Care – P P
Emergency Shelters L (2)/CUP L (2)/CUP L (2)/CUP Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.

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Packet Pg. 1130 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 6 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Small P P P
Large P P P
Section 9.31.140, Family Day Care,
Large
Residential Facilities See sub-classifications below.

Residential Care, Limited P P P
Section 9.31.270, Residential Care
Facilities
Residential Care, Senior P P P
Hospice, Limited P P P
Supportive Housing P P P
Transitional Housing P P P
Public and Semi-Public Uses
Adult Day Care MUP P P
Child Care and Early Education Facilities MUP P P
Section 9.31.120, Child Care and
Early Education Facilities
Colleges and Trade Schools, Public or Private – CUP –
Community Assembly CUP CUP CUP
Community Gardens P P P
Cultural Facility – – CUP
Hospitals and Clinics – – P
Park and Recreation Facilities, Public P P P
Public Safety Facilities MUP MUP P
Schools, Public or Private L (3)/CUP L (3)/CUP P
Social Service Centers MUP MUP P
Section 9.31.350, Social Service
Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.

Kennels CUP – –
Pet Day Care Services MUP – –
Veterinary Services P – –
Automobile/Vehicle Sales and Service See sub-classifications below.

10.D.d
Packet Pg. 1131 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 7 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Service Station L (5)/CUP CUP – Section 9.31.320, Service Stations Towing and Impound L (5)/CUP – –
Banks and Financial Institutions See sub-classifications below.

Banks and Credit Unions – L (6) CUP
Business Services P L (6) P
Commercial Entertainment and Recreation See sub-classifications below.

Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (2,500 SF and
smaller)
P P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (2,501 – 5,000 SF)
P P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (Greater than 5,000
SF)
– CUP (6) P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Food Hall (up to 175 seats) CUP CUP CUP
Equipment Rental P – P
Food and Beverage Sales See sub-classifications below.

Convenience Markets L (6) L (6) P
Farmers Markets CUP – –
Funeral Parlor and Mortuary – – CUP
Live-Work L (14) CUP L (14) Section 9.31.170, Live-Work Offices See sub-classifications below.

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Packet Pg. 1132 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 8 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
General Personal Services – L (6) P
Personal Services, Physical Training – L (6) CUP
Retail Sales See sub-classifications below.

Building Materials Sales and Services P – –
Section 9.31.220, Outdoor Retail
Display and Sales
Firearms and Ammunition Sales – – –
General Retail Sales, Small-Scale CUP (11) MUP (6) P
Section 9.31.220, Outdoor Retail
Display and Sales
Medical Marijuana Dispensaries – – CUP Section 9.31.185, Medical Marijuana Dispensaries
Industrial Uses
Artist’s Studio P P P
Commercial Kitchens P – –
Industry, General P CUP (12) –
Research and Development P CUP (12) P
Industry, Limited P CUP (12) –
Media Production P P –
Recycling Facility See sub-classifications below.

Recycling Collection Facility P – –
Recycling Processing Facility P – –
Warehousing, Storage, and Distribution See sub-classifications below.

Indoor Warehousing and Storage P – –
Outdoor Storage CUP (13) – –
Personal Storage P CUP – Section 9.31.240, Personal Storage Wholesaling and Distribution P – –
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P
City Bikeshare Facility P P P
Communication Facilities See sub-classifications below.

Antennas and Transmission Towers CUP – CUP Chapter 9.32, Telecommunication Facilities
Facilities within Buildings CUP P CUP
Light Fleet-Based Services CUP – –
Utilities See sub-classifications below.

Utilities, Major P P –
Utilities, Minor P P P

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Packet Pg. 1133 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 9 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Specific Limitations:
(1) Limited to 100% affordable housing projects. For senior citizen multiple-unit residential projects in the Office Campus District that are not 100% affordable approval of a Conditional Use Permit is required. (2) Homeless shelters with less than 55 beds are permitted by right. Homeless shelters with 55 beds or more may be permitted with application for and approval of a Conditional Use Permit. (3) Permitted if existing. New uses require approval of a Conditional Use Permit. (4) Limited to accessory automobile rental facilities located within automobile/vehicle repair use. (5) Permitted if located 100 ft. or more from any residential use or district. Conditional Use Permit required if located within 100 ft. of a residential use or district.
(6) Conditionally permitted as businesses that provide goods and services to employees on the premises. No more than 25% of the total square footage of a development may be devoted to such businesses. (7) Limited to theaters with 99 seats or less and 10,000 sq. ft. or less. Larger theaters require a Conditional Use Permit. (8) Exercise facilities (e.g., yoga, Pilates, martial arts, and dance studios) permitted by right. Other small-scale commercial recreation uses require a Conditional Use Permit.
(9) Permitted if existing or accessory to a primary permitted use on the same site and not exceeding 25 percent of the gross floor area of the primary permitted use.
(10) Permitted if existing. New uses are not permitted. (11) Limited to retail sales of goods manufactured on the premises provided that the floor space devoted to such use does not exceed 20% of the gross floor area of the primary permitted use or 2,000 sq. ft., whichever is less. (12) Such uses must be conducted within an enclosed building or an open enclosure screened from public view. In order to approve a Conditional Use Permit, the review authority must make a finding that proposed uses are compatible with office and advanced technological uses.
(13) Limited to outdoor storage of fleet vehicles if such vehicles are directly related to the primary operation on the site. (14) If the commercial use requires a MUP or CUP, an application shall be required in accordance with Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the Live-Work unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from uses that generate airborne particulates in a unit with an unenclosed kitchen.

SECTION 2. Notwithstanding anything to the contrary in Santa Monica Municipal Code Section 9.32.030, that Section shall hereby read as follows:

A. Applicable Facilities. This Chapter applies to all personal wireless service facilities within the City and all applications and requests for approval to construct, install, modify, collocate, relocate or otherwise deploy personal wireless service facilities in the City, unless exempted pursuant to subsection B of this Section.

B. Exempt Facilities. Notwithstanding subsection subection A of this Section, the provisions in this Chapter shall not be applicable to the facilities listed in this subsection B. The exemption from provisions in this Chapter shall not exempt the same facilities from the provisions and building permit requirements in Article 8 (Building Regulations).:

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Packet Pg. 1134 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 10 1. Facilities installed in the public right-of-way governed by Chapter 7.70 (Public Right-of-Way Wireless Communication Facilities) of this Code;

2. Amateur radio facilities;

3. OTARD antennas;

SECTION 3. Notwithstanding anything to the contrary in Santa Monica Municipal Code Section 9.51.030, that Section shall hereby read as follows:

9.51.030 Nonresidential Use Classifications
A. Public and Semi-Public Use Classifications.

1. Adult Day Care. Establishments providing non-medical care for persons 18 years of age or older on a less than 24-hour basis licensed by the State of California.

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Packet Pg. 1135 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 11 2. Cemetery. Establishments primarily engaged in operating sites or structures reserved for the interment of human or animal remains, including mausoleums, burial places, and memorial gardens.

5. Community Assembly. A facility for public or private meetings including community centers, banquet centers, religious assembly facilities, civic auditoriums, union halls, meeting halls for clubs and other membership organizations. This classification includes functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, and storage. It does not include gymnasiums or other sports facilities, convention centers, or facilities, such as day care centers and schools that are separately classified and regulated. See Division 3, Section 9.31.100, Community Assembly, for further details.

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Packet Pg. 1136 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 12 6. Community Garden. An area of land managed and maintained by a public or non-profit organization or a group of individuals to grow and harvest food crops and/or ornamental crops, such as flowers, for personal or group use, consumption, or donation.

Community gardens do not include medical marijuana collectives.

8. Hospitals and Clinics. State-licensed public, private, and non-profit facilities providing medical, surgical, mental health, or emergency medical services. This classification includes facilities for inpatient or outpatient treatment, including substanceabuse programs, as well as training, research, and administrative services for patients and employees. This classification excludes veterinary services and animal hospitals (see Animal Care, Sales, and Services).

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Packet Pg. 1137 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 13 a. Hospital. A facility providing medical, surgical, mental health, or services primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors. b. Clinic. A facility providing medical, mental health, or surgical services exclusively on an out-patient basis, including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment. This classification includes licensed facilities offering substance abuse treatment, blood banks, plasma, dialysis centers, and emergency medical services offered exclusively on an out-patient basis. This classification does not include private medical and dental offices that typically require appointments and are usually smaller scale (see Offices, Medical and Dental).

9. Park and Recreation Facility. Parks, playgrounds, recreation facilities, trails, wildlife preserves, and related open spaces, which are open to the general public.

This classification also includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, golf courses, and botanical gardens, as well as related food concessions or community centers within the facilities and restrooms within a primary structure or in an accessory structure on the same site.

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Packet Pg. 1138 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 14 11. School. Facilities for primary or secondary education, including public schools, charter schools, and private and parochial schools.

B. Commercial Use Classifications.

1. Adult-Oriented Business. See Sexually-Oriented Businesses.

2. Animal Care, Sales and Services. Retail sales and services related to the boarding, grooming, and care of household pets, including:
a. Grooming and Pet Store. Retail sales of animals and/or services, including grooming, for animals on a commercial basis. Typical uses include dog bathing and clipping salons, pet grooming shops, and pet stores and shops. This classification excludes dog walking and similar pet care services not carried out at a fixed location, and excludes pet supply stores that do not sell animals or provide on-site animal services (see General Retail Sales).
b. Kennel. A commercial, non-profit, or governmental facility for keeping, boarding, training, breeding or maintaining 4 or more dogs, cats, or other household pets not owned by the kennel owner or operator on a 24-hour basis.

This classification includes animal shelters and animal hospitals that provide

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Packet Pg. 1139 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 15 boarding-only services for animals not receiving services on the site but excludes the provision by shops and hospitals of 24-hour accommodation of animals receiving medical services on site. This classification also includes kennels that, in addition to 24-hour accommodation, provide pet care for periods of less than 24 hours but it does not include facilities that provide pet day care exclusively or predominantly.
c. Pet Day Care Service. A commercial, non-profit, or governmental facility for keeping 4 or more dogs, cats, or other household pets not owned by the kennel owner or operator primarily for periods of less than 24 hours. d. Veterinary Service. Veterinary services for domesticated animals.

This classification allows 24-hour accommodation of animals receiving medical services but does not include kennels.

3. Automobile/Vehicle Sales and Services. Retail or wholesale businesses that sell, rent, and/or repair automobiles, boats, recreational vehicles, trucks, vans, trailers, and motorcycles, including the following:
a. Alternative Fuels and Recharging Facility. A facility offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g., LPG) as well as equipment to recharge electric-powered vehicles. This classification does not include facilities within public garages or other stations that are accessory to a permitted use.
b. Automobile Rental. Rental of automobiles. Typical uses include car rental agencies. See Division 3, Section 9.31.050, Automobile Rental, for further details.

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Packet Pg. 1140 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 16 c. Automobile Storage Parcel. Any property used for short- or long-term parking of vehicles for sale or lease at an automobile dealership or rental agency on a separate parcel from such agency or dealership.
d. Automobile/Vehicle Sales and Leasing. Sale or lease, retail or wholesale, of new or used automobiles, light trucks, motorcycles, motor homes, and trailers, together with associated repair services and parts sales for vehicles sold or leased by the manufacturer associated with the dealership. (For auto repair, see Automobile/Vehicle Service and Repair, Major and Minor.) This classification includes on-site facilities for maintaining an inventory of vehicles for sale or lease but excludes buildings and property on a separate site that are used for storing vehicles (see Automobile Storage Parcel). Typical uses include automobile dealers and recreational vehicle sales agencies. This classification also includes minor on-site preparation, washing, buffing, waxing, and detailing of vehicles for sale or vehicles repaired at the facility. Any outdoor preparation, washing, buffing, waxing, and detailing of vehicles shall comply with the standards of Section

9.31.080(C), (D), (M), (N), (P), and (Q). This classification does not include automobile brokerage and other establishments that solely provide services of arranging, negotiating, assisting, or effectuating the purchase of automobiles for others. See Division 3, Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage, for further details.
e. Automobile/Vehicle Repair, Major. Repair of automobiles, trucks, motorcycles, motor homes, boats and recreational vehicles, including the incidental sale, installation, and servicing of related equipment and parts. This

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Packet Pg. 1141 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 17 classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, auto glass services, vehicle painting, tire sales and installation, and installation of car alarms, sound, telecommunications, and navigation systems, but excludes vehicle dismantling or salvaging and tire retreading or recapping. See Division 3, Section 9.31.060, Automobile/Vehicle Repair, Major and Minor, for further details.
f. Automobile/Vehicle Service and Repair, Minor. The service and repair of automobiles, light-duty trucks, boats, and motorcycles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as an accessory use to a gasoline sales station or automotive accessories and supply store, as well as smog check quick-service oil, tune-up and brake and muffler shops where repairs are made or service provided in enclosed bays and no vehicles are stored overnight. This classification excludes disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles; automotive body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors or hazardous materials, and towing services. It also excludes repair of heavy trucks, limousines or construction vehicles. See Division 3, Section 9.31.060, Automobile/Vehicle Repair, Major and Minor, for further details.
g. Automobile/Vehicle Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles, that are the principal use of a building,

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Packet Pg. 1142 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 18 structure, or site, including self-serve washing facilities. See Division 3, Section

4. Banks and Financial Institutions.
a. Bank and Credit Union. Financial institutions providing retail banking services. This classification includes only those institutions engaged in the on-site circulation of money, including credit unions, but excluding check-cashing businesses. For administration, headquarters, or other offices of banks and credit unions without retail banking services/on-site circulation of money (see Offices, Business and Professional).

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Packet Pg. 1143 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 19 b. Check Cashing Business. Establishments that, for compensation, engage in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification also includes the business of deferred deposits, whereby the check casher refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code 1789.33. Check Cashing Businesses do not include State or Federally chartered banks, savings associations, credit unions, or industrial loan companies. They also do not include retail sellers engaged primarily in the business of selling consumer goods, such as consumables to retail buyers that cash checks or issue money orders incidental to their main purpose or business.

5. Bar. See Eating and Drinking Establishments.

6. Business Service. Establishments providing goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, mailbox services, equipment rental and leasing, office security, custodial services, film processing, model building, and delivery services with 2 or fewer fleet vehicles on-site. (For 3 or more fleet vehicles, see Light Fleet-Based Services.)

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Packet Pg. 1144 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 20 b. Theater. Facilities designed and used for entertainment, including plays, comedy, and music, which typically contain a stage upon which movable scenery and theatrical appliances or musical instruments and equipment are used. c. Convention and Conference Centers. Facilities designed and used for conventions, conferences, seminars, trade shows, product displays, and other events in which groups gather to promote and share common interests.

Convention centers typically have at least one auditorium and may also contain concert halls, lecture halls, meeting rooms, and conference rooms, as well as accessory uses such as facilities for food preparation and serving and administrative offices. For conference facilities accessory to hotels, see Hotel and Motel.
d. Large-Scale Facility. This classification includes large outdoor facilities such as amusement and theme parks, sports stadiums and arenas, racetracks, amphitheaters, drive-in theaters, driving ranges, and golf courses. It also includes indoor facilities with 5,000 square feet or more in building area such as fitness centers, gymnasiums, handball, racquetball, or large tennis club facilities; ice or roller skating rinks; swimming or wave pools; miniature golf courses; bowling alleys; archery or indoor shooting ranges; and riding stables. e. Small-Scale Facility. This classification includes small, generally indoor facilities that occupy less than 5,000 square feet of building area, such as billiard parlors, card rooms, game arcades, dance halls, small tennis club facilities, poolrooms, and amusement arcades.

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Packet Pg. 1145 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 21 f. Fortunetelling. An establishment where a person or persons provide fortunetelling services and demand or receive, directly or indirectly, a fee or reward, or accept any donation for the exercise or exhibition of fortunetelling services, or give an exhibition of fortunetelling services at any place where a fee, donation or reward is charged or received, directly or indirectly as a condition of entry. Fortunetelling services shall include, but not be limited to, the telling of fortunes, forecasting of futures, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, psychic reading, occult reading, clairvoyance, clairaudience, cartomancy, psychometry, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, tarot card readings, tea leaves, telepathy or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic of any kind or nature.

8. Eating and Drinking Establishments. Businesses primarily engaged in selling and serving prepared food and/or beverages for consumption on or off the premises.
a. Bar/Night Club/Lounge. Businesses that are licensed by the State to serve alcoholic beverages, including beer, wine and mixed drinks for consumption on the premises from a liquor service facility that is physically separate from the dining area and may be operated during hours when food is not served. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details.

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Packet Pg. 1146 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 22 b. Restaurant, Full-Service. Restaurants providing food and beverage services to patrons who order and are served while seated and pay after eating.

This classification includes cafes, cafeterias, coffee shops, delicatessens, fastfood restaurants, sandwich shops, limited-service pizza parlors, self-service restaurants, ice cream and frozen yogurt shops, and snack bars with indoor or outdoor seating for customers. This classification includes bakeries that have tables for on-site consumption of products. It excludes catering services that do not sell food or beverages for on-site consumption (see Commercial Kitchen). See Division 3, Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.280, Restaurants, Limited Service and Take Out Only, where applicable, for further details.
d. Food Hall. Establishments consisting of three or more individuallylicensed businesses within an enclosed building where food and beverages may be consumed on the premises, taken out, or delivered, and may also include small retail venues. Patrons may be served while seated and pay after eating, or orders may be made at a walk-up window, counter, machine, or remotely, and payment made prior to food consumption. Characteristics of food halls include but are not limited to: shared entrance/lobby areas, compartmentalized spaces for individually licensed businesses, shared eating areas, shared restrooms, and shared “back of

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Packet Pg. 1147 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 23 house” areas (e.g., storage, dishwashing, food preparation). Each compartmentalized space may have access to the exterior of the building, along with outdoor dining and seating areas, which may be shared with other businesses within the establishment.
e. With Drive-Through Facility. Establishments providing food and beverage services to patrons remaining in automobiles. Includes drive-up service. f. With Outdoor Dining and Seating Area. Provision of outdoor dining facilities on the same property or in the adjacent public right-of-way. See Division 3, Section 9.31.200, Outdoor Dining and Seating, for further details.

10. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include food markets, groceries, and liquor stores.
a. Convenience Market. Retail establishments that sell a limited line of groceries, prepackaged food items, tobacco, magazines, and other household goods, primarily for off-premises consumption. These establishments typically have long or late hours of operation and occupy a relatively small building. This classification includes small retail stores located on the same parcel as or operated in conjunction with a Service Station but does not include delicatessens or specialty food shops. It excludes establishments that offer a sizeable assortment

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Packet Pg. 1148 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 24 of fresh fruits and vegetables or fresh-cut meat (see General Market). See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details. b. Farmers Market. A location where the primary activity is the sale of agricultural products by producers and certified producers. Sales of ancillary products may occur at the location. An open air farmers market may only be operated by a local government agency.
c. General Market. Retail food markets of food and grocery items primarily for offsite preparation and consumption. Typical uses include supermarkets and specialty food stores such as retail bakeries; candy, nuts and confectionary stores; meat or produce markets; vitamin and health food stores; cheese stores; and delicatessens. This classification may include small-scale specialty food production with retail sales such as pasta shops. See Division 3, Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.150, General Markets in Residential Districts, where applicable, for further details. d. Liquor Store. Establishments primarily engaged in selling packaged alcoholic beverages for off-site consumption. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details.

11. Funeral Parlor and Mortuary. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human remains and conducting memorial services. Typical uses include a crematory, columbarium, mausoleum, or mortuary.

12. Home Occupation. A use that is incidental and secondary to the primary residential use of a dwelling and compatible with surrounding residential uses. These

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Packet Pg. 1149 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 25 uses include business, professional, and creative offices, food production, limited personal services, and urban agriculture. See Division 3, Section 9.31.160, Home Occupations for further details.

15. Lodging. An establishment providing overnight accommodations to transient patrons who maintain a permanent place of residence elsewhere for payment for periods of 30 consecutive calendar days or less.
a. Bed and Breakfast. A residential structure that is in residential use in which the property owner or manager lives on site and within which up to 4

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Packet Pg. 1150 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 26 bedrooms are rented for overnight lodging and where meals may be provided. See Division 3, Section 9.31.090, Bed and Breakfasts, for further details. b. Hotel and Motel. An establishment providing temporary lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. This use classification includes motor lodges, motels, apartment hotels, hostels and tourist courts, but does not include rooming houses, boarding houses, or private residential clubs, single-room occupancy housing, or bed and breakfast establishments within a single-unit residence. c. Vacation Rental. A property with a dwelling unit or guest house intended for permanent occupancy that is available for rent or hire for any person other than the primary owner for transient use for 30 days or less or is otherwise occupied or utilized on a transient basis for 30 days or less. Vacation rental does not include a Bed and Breakfast as defined above.

17. Mobile Food Truck Off-Street Venue. A location where the commercial vending of food occurs from parked vehicles.

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Packet Pg. 1151 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 27 a product they grow themselves. Fertilizer and soil products are stored and sold in packaged form only.

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Packet Pg. 1152 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 28 c. Medical and Dental. Offices providing consultation, diagnosis, therapeutic, preventive, or corrective personal treatment services by doctors and dentists; medical and dental laboratories that see patients; and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. Incidental medical and/or dental research within the office is considered part of the office use if it supports the on-site patient services. d. Walk-In Clientele. Offices predominantly providing direct services to patrons or clients and do not require appointments. This use classification includes employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, and offices for elected officials. It does not include banks or check-cashing facilities, which are separately classified and regulated (see Banks and Financial Institutions).

20. Parking, Public or Private. Structures and surface lots offering parking for a fee when such use is not incidental to another on-site activity.

21. Personal Service.
a. General Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber shops and beauty salons, seamstresses, tailors, dry cleaning agents (excluding large-scale bulk cleaning plants), shoe repair shops, self-service laundries, video rental stores, photocopying and photo finishing services, and travel agencies mainly intended for the consumer. This classification also includes massage establishments that are in full compliance with the applicable provisions of Chapter 6.104, Massage Regulations, of the Santa Monica Municipal Code, and in which all persons

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Packet Pg. 1153 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 29 engaged in the practice of massage are certified pursuant to the California Business and Professions Code Section 4612. This classification does not include gyms, exercise clubs, or studios offering performing arts, martial arts, physical exercise, or yoga training and similar types of instruction. See Division 3, Section

22. Retail Sales.
a. Building Materials and Services. Retail sales or rental of building supplies or equipment. This classification includes lumberyards, tool and equipment sales or rental establishments, and includes establishments devoted principally to taxable retail sales to individuals for their own use. This definition does not include Construction and Material Yards, hardware stores less than

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Packet Pg. 1154 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 30 10,000 square feet or establishments engaged in the business of selling, leasing, or otherwise transferring any firearm or ammunitions.
b. General Retail Sales, Small-Scale. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes retail establishments with 25,000 square feet or less of sales area; including department stores, clothing stores, furniture stores, pet supply stores, small hardware and garden supply/nurseries stores (with 10,000 square feet or less of floor area), and businesses retailing goods including, but not limited to, the following: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, video rental, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar smallitem repairs. See Division 3, Sections 9.31.210, Outdoor Newsstands, and

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Packet Pg. 1155 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 31 d. General Retail Sales, Large-Scale. Retail establishments with over 80,000 square feet of sales area that sell merchandise and bulk goods for individual consumption, including membership warehouse clubs, where sales of grocery items do not occupy more than 25 percent of the floor area. e. Medical Marijuana Dispensary. Any facility, building, structure, or fixed location where 1 or more qualified patients and/or persons with identification cards and/or primary caregivers cultivate, distribute, sell, dispense, transmit, process, exchange, give away, or otherwise make available marijuana for medical purposes. The terms “primary caregiver,” “qualified patient,” and “person with an identification card” shall be as defined in California Health and Safety Code Section 11362.5 et seq.
i. A medical marijuana dispensary shall not include the following uses, as long as the location of such uses are otherwise regulated by applicable law and as long as any such use complies strictly with applicable law, including, but not limited to, California Health and Safety Code Section 11362.5 et seq.:
(1) A clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code.
(2) A health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code.
(3) A residential care facility for persons with chronic lifethreatening illness licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code.

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Packet Pg. 1156 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 32 (4) A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code.
(5) A residential hospice, or a home health agency
licensed pursuant to Chapter 8 of the California Health and Safety Code.
ii. A medical marijuana dispensary shall also not include any dwelling unit where qualified patients or persons with an identification card permanently reside and collectively or cooperatively cultivate marijuana onsite for their own personal medical use and does not include the provision, cultivation, or distribution of medical marijuana at this dwelling unit by primary caregivers for the personal medical use of the qualified patients or persons with an identification card who have designated the individual(s) as a primary caregiver, in accordance with California Health and Safety Code Sections 11362.5 and 11362.7 et seq.
f. Pawn Shop. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property. g. Swap Meet. Any indoor or outdoor place, in an approved location, or for an approved activity where new or used goods or secondhand personal property is offered for sale or exchange to the general public by a multitude of individual licensed vendors, usually in compartmentalized spaces. The term swap meet is interchangeable with and applicable to: flea markets, auctions, open air markets, outdoor sales activities, or other similarly named or labeled activities; but

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Packet Pg. 1157 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 33 does not include supermarket or department store retail operations. See Division 3, Sections 9.31.360, Swap Meets, and 9.31.220, Outdoor Retail Display and Sales, for further details.

23. Restaurants. See Eating and Drinking Establishments.

24. Sexually-Oriented Business. See Chapter 9.59, Sexually-Oriented Businesses, for details.

C. Industrial Use Classifications.

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Packet Pg. 1158 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 34 3. Construction and Material Yard. Storage of construction materials or equipment on a site other than a construction site.

5. Industry, Limited. Establishments engaged in light industrial activities taking place primarily within enclosed buildings and producing minimal impacts on nearby properties. This classification includes the manufacturing of finished parts or products primarily from previously prepared materials; commercial laundries and dry cleaning plants; monument works; printing, engraving, and publishing; sign painting shops; machine and electrical shops; computer and electronic product manufacturing; furniture and related product manufacturing; and industrial services. It also includes the preparation, manufacturing, and/or packaging of food, medicinal cannabis, and medicinal cannabis products for off-site use or consumption using nonvolatile solvents, or no solvents. Typical food manufacturing uses include canners, roasters, breweries, wholesale bakeries, and frozen food manufacturers.

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Packet Pg. 1159 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 35 6. Media Production. Establishments engaged in the production of movies, video, music and similar forms of intellectual property. Typical facilities include movie and recording studios and production facilities, distribution facilities, editing facilities, catering facilities, printing facilities, post-production facilities, set construction facilities, sound studios, special effects facilities and other entertainment-related production operations.

7. Recycling Facility. A facility for receiving, temporarily storing, transferring and/or processing materials for recycling, reuse, or final disposal. This use classification does not include waste transfer facilities that operate as materials recovery, recycling, and solid waste transfer operations and are classified as utilities (see Utilities, Major). See Division 3, Section 9.31.260, Recycling Facilities, for further details. a. Recycling Collection Facility. An incidental use that serves as a neighborhood drop-off point for the temporary storage of recyclable materials but where the processing and sorting of such items is not conducted on-site.

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Packet Pg. 1160 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 36 b. Recycling Processing Facility. A facility that receives, sorts, stores and/or processes recyclable materials.

10. Warehousing, Storage, and Distribution. Storage and distribution facilities without sales to the public on-site or direct public access except for public storage in small individual space exclusively and directly accessible to a specific tenant. a. Chemical, Mineral, and Explosives Storage. Storage and handling of hazardous materials including, but not limited to: bottled gas, chemicals, minerals and ores, petroleum or petroleum-based fuels, fireworks, and explosives. b. Indoor Warehousing and Storage. Storage within an enclosed building of commercial goods prior to their distribution to wholesale and retail outlets and the storage of industrial equipment, products and materials. This classification also includes cold storage, draying or freight, moving and storage,

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Packet Pg. 1161 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 37 and warehouses. It excludes the storage of hazardous chemical, mineral, and explosive materials.
c. Outdoor Storage. Storage of vehicles or commercial goods or materials in open parcels.
d. Personal Storage. Facilities offering enclosed storage with individual access for personal effects and household goods, including mini-warehouses and mini-storage. This use excludes workshops, hobby shops, manufacturing, or commercial activity.
e. Wholesaling and Distribution. Indoor storage and sale of goods to other firms for resale; storage of goods for transfer to retail outlets of the same firm; or storage and sale of materials and supplies used in production or operation, including janitorial and restaurant supplies. Wholesalers are primarily engaged in business-to-business sales, but may sell to individual consumers through mail or internet orders. They normally operate from a warehouse or office having little or no display of merchandise, and are not designed to solicit walk-in traffic. This classification does not include wholesale sale of building materials (see Building Materials and Services).

D. Transportation, Communication, and Utilities Use Classifications.

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Packet Pg. 1162 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 38 maintenance, storage, airport operations and air traffic control, incidental retail sales, coffee shops and snack shops, and airport administrative facilities, including airport offices, terminals, operations buildings, communications equipment, buildings and structures, control towers, lights, and other equipment and structures required by the United States Government and/or the State for the safety of aircraft operations.

4. Communication Facilities. Facilities for the provision of broadcasting and other information relay services through the use of electronic and telephonic mechanisms. a. Antenna and Transmission Tower. Broadcasting and other communication services accomplished through electronic or telephonic mechanisms, as well as structures designed to support 1 or more reception or transmission systems. Typical uses include wireless telecommunication towers and facilities, radio towers, and television towers, telephone exchange/microwave relay towers, and cellular telephone transmission/personal communications systems towers. Notwithstanding the foregoing, facilities described in Chapter

9.32, including without limitation personal wireless service facilities and over-the10.D.d Packet Pg. 1163 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 39 air reception devices (“OTARDs”) shall not be considered Antenna and Transmission Towers for purposes of this use classification and shall only be subject to the applicable provisions and permit requirements in See Division 3, Chapter 9.4132, Telecommunications Personal Wireless Service Facilities, for further details.
b. Equipment within Buildings. Indoor facilities containing primarily communication equipment and storage devices such as computer servers.

7. Utilities, Major. Generating plants, electric substations, and solid waste collection, including transfer stations and materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.

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Packet Pg. 1164 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 40 8. Utilities, Minor. Facilities necessary to support established uses involving only minor structures, such as electrical distribution lines, and underground water and sewer lines.

SECTION 4. Any provision of the Santa Monica Municipal Code or any appendix 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 5. 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 of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 6. 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

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Packet Pg. 1165 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless 41 newspaper within 15 days after its adoption. This Ordinance shall become effective immediately upon adoption and its effective date shall be May 9, 2023. Pursuant to Sections 615 and 619 of the City Charter, and Section 9.46.090 of the Municipal Code, for the reasons stated in the recitals above, the staff report dated March 14, 2023, the staff report accompanying this ordinance, oral and written testimony received by the City Council, and City Council discussion, the City Council declares this ordinance to be necessary as an emergency measure for preserving the public peace, health, and safety, with the result that this ordinance shall be introduced and adopted at the same meeting and shall become effective immediately upon its adoption.

SECTION 5. This Ordinance shall be of no further force or effect as of September 13, 2023, unless it is otherwise extended pursuant to Santa Monica Municipal Code Section 9.46.090(C).

APPROVED AS TO FORM:
_________________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 1166 Attachment: CDD--IZO re Wireless Facilities Ext 052323 [Revision 1] (5792 : Continued Item:Permit Requirements IZO for Wireless

Santa Monica City CouncilMay 23, 2023

Santa Monica City Council
May 23, 2023