Santa Monica City Council
July 25, 2023

City Council
Interim Zoning Ordinance
Third Street Promenade & Economic Recovery
July 25, 2023
Promenade IZO
Background | Continued Support in Economic Recovery for Businesses October 11, 2022 | Citywide & Promenade Economic Recovery Amendments  Streamlined Review for Commercial Uses, Expanded Alcohol Exemptions  Allowed Greater Flexibility in Reoccupying Existing Tenant Spaces  Relaxed Parking & Loading Requirements for Changes of Use  Established the “Third Street Promenade Area”
 Third Street Promenade
 South Side Wilshire
 East Side 4th Street
 North Side Broadway
 West Side 2nd Street
Promenade IZO
Background | Continued Support in Economic Recovery for Businesses March 14, 2023 | Outdoor Space Program
 For Businesses Using Outdoor Space on Privately-Owned Commercial Property  Restaurants, Fitness, Personal Services, Retail, etc.  Encourages Use of Outdoor Space/Supportive of Economic Recovery January 24, 2023 | Council Discussion – Strategies to Revitalize the Promenade  1200 Block: Consider an Arts and Entertainment District  Expand Outdoor Dining Opportunities
 Promote Available Tenant Space and Development Opportunities  Expand Allowable Commercial Uses
 Partner with DTSM on Street Performers
Proposed Promenade IZO

1. Allows greater flexibility for restaurants that provide entertainment within the Third Street Promenade Area

2. Expands Alcohol Exemption (AE) permits to other uses for further streamlining review, corrects/refines existing AE conditions

3. Allows outdoor rooftop commercial uses on public parking structures owned by the City

4. Allows Director of Planning to consider commercial uses that are not clearly defined in the Zoning Code

5. Allows longer term for Temporary Use Permits (6 months) Restaurants with Entertainment
 Allows greater flexibility/options for restaurants to provide entertainment within the Third Street Promenade Area
 Encourages a more active nightlife/entertainment presence Restaurants w/Entertainment Standards (Citywide): Purpose  To ensure that restaurants do not operate as bars/nightclubs which typically require Conditional Use Permits
 Changes would eliminate restrictions on dancing, checking ID upon entry, bottle service, pub crawl events, pool tables/arcade games/etc, storefront improvements for amplified music
Alcohol Exemptions
 Expand Eligible Uses & Update Operational Standards
ZO Amendments (2022): Expanded to Bars/Nightclubs, Retail, Liquor Stores  Expand AE Eligibility & Establish Operational Standards for the following:

Outdoor Rooftop Uses | Cultural Facilities | Instructional Services Commercial Entertainment/Recreation | Convenience Markets  Updated Operational Standards for the following:

Restaurants | Bars/Nightclubs/Lounges | Food Halls
General Retail Sales | Liquor Stores
Outdoor Rooftop Uses
Third Street Promenade Area:
 Allow certain Outdoor Commercial Uses on the Rooftop of City-Owned Parking Structures.

Rooftop Cinemas | Community Assembly | Community Gardens Small/Large Scale Entertainment/Recreation Facilities
 Exempt from Floor Area/FAR & Developer Linkage/Impact Fees  Rooftop Cinemas | Allow Projections Above Parking Surface Level:

Cinema Screens (25’) | Concession Stands, Restrooms, Storage (15’) Land Use Flexibility
 Allows Director of Community Development or designee to consider uses that are not clearly defined in the Zoning Code provided that:
 Use is similar, consistent with, and no more disturbing or disruptive than uses that are permitted or conditionally permitted within all Downtown Community Plan Districts
 Would assist creative and unique business proposals:
 Hybrid of Uses
 Uses Restricted Operationally based on Use Classification Definition Temporary Use Permits | Other Clerical Amendments
 Temporary Use Permits (Consistent with recent Econ IZO) (Citywide)  Allow term of permit up to 180 days without a Minor Use Permit  Allow one-time permit extension of 180 days subject to added conditions and findings.
 Other Clerical Amendments Related to Economic Recovery Third Street Promenade Area:
 Correcting Bar/Nightclub to Permitted Use, subject to an AE Permit  Clarify that Liquor Stores are Permitted Use, subject to an AE Permit

9.28.040(A)(5) Parking Exclusions:
 Outdoor Space Program: Parking Exclusions language added back to ZO 1200 Block Promenade | Arts/Entertainment
 Proposed changes: streamlined review path for arts/entertainment type uses while staff continues to evaluate the 1200 Block as an active hub.  Encourages a more active nightlife/entertainment presence Future Evaluation of the 1200 Block
 Engage with a consultant to explore opportunities on activating public spaces (such as sidewalks for seating/service area) on the Promenade  While providing for public safety and emergency service access on the Third Street Promenade.

Additional Feedback | New Changes
 Received additional feedback following posting of Staff Report  SM Place contributes to overall economic vitality of the Promenade Area  SM Place: provide flexibility in land use, restaurant operations. & AE Permits.

Staff Recommends the following changes

1. Expand AE Permit Eligible Uses to SM Place
(consistent with Third Street Promenade Area)
Additional Feedback | New Changes

2. Section 9.31.290(B): Restaurants w/Entertainment
Allow SM Place restaurants to have the same flexibility as Third Street Promenade Area restaurants

3. Land Use Table 9.10.040: Large-Scale Facility (commercial entertainment) Exempt SM Place from Limitation L(21)
Limitation L(21): Except in Santa Monica Place, N no individual Fitness Center tenant space shall exceed 100 linear feet of ground floor street frontage without the approval of a Conditional Use Permit.

Proposed Promenade IZO
 IZO reflects short/medium-term policy of streamlining the review for restaurants and other uses (museums,
instructional uses) seeking to provide alcohol service.  Expands outdoor uses on rooftops of City Parking Structures  Provides immediate Zoning Flexibility in response to feedback from businesses interested in the Promenade area.
 Clerical fixes and clarifies zoning language of prior economic recovery- related amendments
Recommendation | Adopt Interim Zoning Ordinance

1. Adopt CEQA finding that IZO Amendments are Categorically Exempt pursuant to Sections 15301, 15303, 15304;

2. Introduce for first reading an IZO to promote economic recovery in the City’s Downtown Districts, including Third Street Promenade Area, and provide other minor and clerical amendments to the Zoning Ordinance related to economic
recovery.
 Land Use Table 9.10.040: Large-Scale Facility (commercial entertainment) Exempt SM Place from Limitation L(21)
Limitation L(21): Except in Santa Monica Place, N no individual Fitness Center tenant space shall exceed 100 linear feet of ground floor street frontage without the approval of a Conditional Use Permit.

Attachment A

D. Alcohol Exemption Zoning Conformance Permit.

1. Citywide Excluding Third Street Promenade Area, Santa Monica Place, and Santa Monica Pier. Except as provided in paragraphs 2 and 3, below, limited and full-service restaurants that offer alcoholic beverages incidental to meal service that are located citywide, excluding in the Third Street Promenade Area and the area bounded by 2nd Street to the west, Broadway to the north, 4th Street to the east, and Colorado to the south, shall be exempt from the provisions of the Conditional Use Permit requirement of subsection B of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions:

Attachment A

2. Third Street Promenade Area and Santa Monica Place. Notwithstanding the provisions of paragraph 1, above, in the Third Street Promenade Area and the area bounded by 2nd Street to the west, Broadway to the north, 4th Street to the east, and Colorado to the south, the following uses that offer alcoholic beverages incidental to the primary use, including bars/nightclubs/lounges that primarily serve alcoholic beverages, shall be exempt from the provisions of the Conditional Use Permit requirement of subsection B of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions established for each use:

Attachment A

B. Third Street Promenade Area and Santa Monica Place. Notwithstanding the provisions of subsection A, restaurants located in the Third Street Promenade Area and the area bounded by 2nd Street to the west, Broadway to the north, 4th Street to the east, and Colorado to the south, may provide entertainment including but not limited to music, DJs, song, dance, stand-up comedy, and poetry readings for the patrons’ enjoyment if they meet the following standards.

Attachment A

Proposed Promenade IZO
Environmental Analysis
Categorically Exempt from CEQA
 Section 15301 (Class 1 Existing Facilities): allows for minor alterations to existing structures to allow proposed land uses.
 Section 15303 (Class 3 New Construction or Conversion): allows for conversion of land uses and minor construction and conversion of outdoor space
 Section 15304 (Class 4 Minor Alterations to Land): allows minor temporary use of land having negligible or no permanent effects on the environment (such as temporary uses)