City Council
Report
City Council Meeting: March 25, 2025
Agenda Item: 12.A
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To: Mayor and City Council
From: Arminé Chaparyan, Director, Administration
Subject: Introduction and First Reading of an Interim Zoning Ordinance Amending Downtown Interim Zoning Ordinance and Introduction and Adoption of an Emergency Ordinance Amending Santa Monica Municipal Code Chapter 9.61 Signs to Promote Economic Recovery by Increasing Land Use Flexibility in the City's Downtown and by Making Minor Changes to Signage in the Bayside Conservation District and Third Street Promenade Area
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Sections 15301 (Existing Facilities, 15303 (New Construction or Conversion of Small Structures), and 15311 (Accessory Structures) of the California Environmental Quality Act (CEQA) Guidelines.
2. Introduction for first reading of an Interim Zoning Ordinance Amending Interim Zoning Regulations Established to Promote Economic Recovery by Increasing Land Use Flexibility in the City’s Downtown Area and Establishing a Pilot Program to Allow for Exclusively Commercial Outdoor Uses in the Office Campus District to Allow Additional Flexibility Related to Community Assembly Uses in the Bayside Conservation District.
3. Introduction and Adoption of an Emergency Ordinance Amending Santa Monica Municipal Code Chapter 9.61: Signs to Make Minor Changes for Signage in the Bayside Conservation District and Third Street Promenade Area to Promote Economic Recovery.
Summary
On July 25, 2023, Council adopted Interim Zoning Ordinance Number 2754 (CCS) (“IZO 2754”), establishing interim zoning regulations promoting economic recovery in the City’s Downtown, including the Third Street Promenade Area and Santa Monica Place, and also included minor clerical amendments further supporting economic recovery. On September 26, 2023, the Council introduced for first reading Interim Zoning Ordinance 2 of 11
Number 2761 (CCS) (“IZO 2761”), which was adopted on October 10, 2023, extending and amending the interim zoning regulations established by IZO 2754 through November 22, 2028.
The interim zoning regulations support a variety of potential commercial uses within the Downtown. These changes focused on enabling certain outdoor rooftop commercial uses on Public Parking Structures owned by the City, greater flexibility for restaurants providing entertainment, and provided a streamlined review for alcohol permits.
On October 22, 2024, the Council introduced Interim Zoning Ordinance Number 2794 (CCS) (“IZO 2794”), which adopted on November 11, 2024, amending the interim zoning regulations to further promote economic recovery efforts within the Downtown and Third Street Promenade area, simplifying the review process for new businesses.
Amendments were focused on streamlining the review process for uses within the Third Street Promenade area by eliminating Conditional Use Permit and Minor Use Permit requirements, and expanding the streamlining of alcohol permits for a variety of different commercial uses. On October 22, the Council also introduced and adopted Ordinance Number 2793 (CCS), an emergency ordinance amending the Sign Code by relaxing limitations to encourage the use of creative signs and to enhance overall business promotion on the Promenade.
These amendments were critical in providing greater certainty and predictability for property owners and their existing tenants, along with prospective businesses considering locations within the Promenade area. Additionally, consistent with the City’s Outdoor Space Program efforts, the IZO included a pilot program limited to the Office Campus District that would allow exclusively outdoor uses such as open-air markets to locate on private property, subject to meeting certain conditions.
Consistent with the Council’s continued support of local businesses and to promote economic recovery efforts within the Downtown area, staff proposes a minor change resulting in additional land use flexibility that would encourage the reuse and occupancy of existing buildings:
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• Community Assembly Uses within the area of the Third Street Promenade o Provide greater flexibility for Community Assembly uses within the BC Districts by exempting such uses from additional requirements specific to the use as established in SMMC Section 9.31.100.
Additionally, in response to feedback and concerns raised by some property owners on the Third Street Promenade, subsequent to the adopted Sign Code changes in October 2024, staff proposes a minor amendment that would simplify and make consistent the allowable animated/digital sign area for all buildings facing the Promenade:
• 9.61.200(F) Bayside Conservation District: Animated/Digital Signs: Simplify the allowable sign area by establishing a single consistent standard that would apply to any building (one story or two-stories or greater) resulting in greater consistency in animated/digital signs throughout the Promenade.
The proposed IZO would amend the current interim land use regulations and would maintain the current expiration date of November 22, 2028, although the Council could make any of the interim zoning regulations permanent amendments to the Zoning Ordinance. The proposed Sign Code amendment would be effective immediately upon adoption.
Discussion
The subject amendments reflect the City’s ongoing evaluation and simplification of zoning requirements that provide greater flexibility and streamlined review for new potential businesses to utilize existing buildings and tenant spaces within the Downtown and Third Street Promenade area. Below is a summary of the proposed amendments.
Zoning Ordinance text reflecting such amendments is provided in the attachments in redline (strikeout/underline) form.
Eliminate Additional Regulations Specific to Community Assembly Uses Located within the Bayside Conservation (BC) Districts
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In efforts to provide greater flexibility in re-tenanting vacant buildings and tenant spaces in BC Districts, the proposed amendment would exempt applicants from meeting supplemental requirements specific to community assembly uses currently established in the Zoning Code, which can impact the ability for such uses to locate on parcels less than 7,500 square feet, incur additional improvement costs to the site, and restrict operating hours. These additional requirements are summarized as follows:
• Minimum parcel size on which such uses can be established (site qualification);
• Buffering distances from residential uses;
• Landscaping;
• Surface parking area screening;
• Permitted hours of operations between 7am-10pm;
As defined in SMMC 9. 51.030(A)(5), community assembly uses include facilities 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.
The subject change would apply to properties along Second Street, Third Street Promenade, and Fourth Street between Wilshire Boulevard to the north and Broadway to the south as indicated in Figure 1 below.
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Figure 1: Broadway Commercial (BC) Districts: 2nd Street, Promenade, Fourth Street between Wilshire Boulevard and Broadway
Currently, community assembly uses are permitted by-right within the subject area. The proposed change would remove the supplemental requirements described above, allowing community assembly uses to be permitted in buildings located on any sized parcel, and eliminate buffering distances to residential uses, landscaping requirements, and operating hour restrictions. Staff does not have any concerns with eliminating these additional requirements within this area due to its proximity to the Promenade where the greatest mix of uses with the highest day and night activity is encouraged. Relief from these standards would help support private organizations with greater opportunities in finding permanent meeting space within the centralized area of the Downtown. The proposed change would further encourage a balanced mix of commercial and semipublic uses, consistent with the goals and policies of the Downtown Community Plan (DCP). For these reasons, staff recommends approval of this proposed amendment.
Third Street Promenade: Revise Allowable Animated/Digital Sign Area In efforts to provide consistency in the allowable animated/digital sign area for each building facing the Promenade, staff recommends simplifying the allowable sign area by 6 of 11
establishing a single consistent standard that would apply to any building (one story or two-stories or greater). Currently, there are two animated/digital sign area standards based on single-story and two-story or greater buildings:
• For one-story buildings: maximum allowable sign area and placement shall be the area above the storefront up to the roof line and for the width of the tenant space.
• For buildings of two-stories or greater, maximum allowable sign area shall be the area above the storefront up to the sill level of the second floor and for the width of the tenant space. The sign may be placed anywhere on the building façade so long as the maximum allowable sign area is not exceeded.
The proposed changes are as follows:
• For all buildings: maximum allowable sign area shall be the area above the storefront up to 5’-0” in height, and for the width of the tenant space. The sign may be placed anywhere on the building façade so long as the sign does not project above the roofline and the maximum allowable sign area is not exceeded.
The proposed change would provide greater consistency in the allowable amount of animated/digital signage and would provide greater clarity in applying the standard since building facades facing the Promenade vary in overall design.
Past Council Actions
Meeting Date Description
May 12, 2020 Council adopted two Emergency Interim Zoning Ordinances establishing interim zoning regulations to support the
economic recovery of local businesses impacted by the
COVID-19 pandemic.
November 10, 2020 Extended Emergency Interim Zoning Ordinances for both Citywide and Promenade, extended through December 31,
2022.
April 13, 2021 (“IZO
2667”), September 28,
2021 (“IZO 2682”), and
January 25, 2022 (“IZO
2690”)
Subsequent amendments to the “Promenade” IZO.
October 11, 2022 and Council adopted Ordinance 2726 (CCS) approving Zoning 7 of 11
Meeting Date Description
October 25, 2022 Ordinance amendments for the Third Street Promenade Area
January 24, 2023 Council held a discussion requesting that the City develop strategies to revitalize the Third Street Promenade.
July 25, 2023 Council adopted Promenade Interim Zoning Ordinance 2754 to Promote Economic Recovery in the City’s Downtown
area, including the Third Street Promenade Area and Santa Monica Place, and Provide Other Minor and Clerical
Amendments to the Zoning Ordinance Related to Economic
Recovery.
September 26, 2023 Council adopted Interim Zoning Ordinance 2761 extending Interim Zoning Ordinance 2754 promoting economic
recovery in the City’s Downtown area, including the Third Street Promenade Area and Santa Monica Place, and
providing other minor clerical amendments to the Zoning Ordinance related to economic recovery.
October 22, 2024 Council adopted Interim Zoning Ordinance 2794 amending Interim Zoning Ordinance 2761 promoting economic
recovery by increasing land use flexibility in the City’s Downtown Area, establishing a pilot program to allow
exclusively commercial outdoor uses in the office campus district, and providing other minor and clerical amendments.
Council amended Santa Monica Municipal Code Chapter
9.61: Signs to increase flexibility for signage in the Bayside Conservation District and Third Street Promenade Area, and make other minor changes to promote economic recovery,
public safety and welfare.
Environmental Analysis
The proposed amendments to interim zoning regulations previously established as described above are categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15301, 15303, and 15311 of the CEQA Guidelines.
Section 15301 of CEQA Guidelines provides (Class 1 Existing Facilities) exemption for the operation, repair, maintenance, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Projects that fall into this class of exemption include alterations to existing streets, sidewalks, gutter, bicycle facilities, and other similar facilities and 8 of 11
additions of safety or health protection during for use in conjunction with existing facilities. The proposed amendments would allow for flexibility in land uses for the Downtown and associated alterations to existing commercial buildings to accommodate the proposed changes in land uses in the Downtown. No expansion of the existing land uses is proposed. Therefore, the proposed amendments qualify under the Class 1 exemption.
Section 15303 of CEQA Guidelines provides (Class 3 New Construction or Conversion) exemption for the conversion of existing small structures from one use to another where only prior modifications are made to the exterior. The amendments would provide for new minor construction to accommodate the proposed changes in land uses in the Downtown. The amendment to signage allowed pursuant to the ordinance would be accessory structures to the commercial uses on the Third Street Promenade Therefore, the proposed amendments qualify under the Class 3 exemption.
Section 15311 of CEQA Guidelines provides (Class 3 Accessory Structures) exemptions for the construction or placement of minor structures accessory to (appurtenant to) existing commercial facilities. The amendment to revise animated sign standards in the area bound by 2nd Ct, 3rd Ct, Broadway, and Wilshire Blvd. Therefore, the proposed amendments qualify under the Class 11 exemption.
In addition, none of the exceptions specified in Section 15300.2 of CEQA Guidelines would apply that would preclude the use of these CEQA exemptions:
• The project site is not located in a sensitive environment – The project site is located in the urbanized Downtown district of Santa Monica. The project area is entire developed surrounded by commercial and residential buildings and does not contain any natural or sensitive habitats. The likelihood of the presence of any sensitive or special status species is extremely remote. No vegetation, including sensitive or riparian vegetation, would be affected by the proposed amendments.
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• The project will not have a significant effect on the environment due to unusual circumstances – The proposed amendments would provide for new minor construction to accommodate the proposed changes in land uses in the Downtown and would not create a significant effect on the environment due to unusual circumstances. The proposed sign amendment would revise allowable sign area for the installation of new animated signage. Such signage is not unusual for shopping centers and commercial areas and are common in high activity urban areas in the Los Angeles region, particularly within downtowns, shopping districts, and commercial corridors (e.g., Westfield Century City, Downtown Los Angeles, West Hollywood’s Sunset Boulevard). Under the ordinance, new animated signage must still comply with the following:
1. Limitation of 0.2 foot candles above ambient lighting at the property line;
2. Maximum brightness levels of 300 candelas per square meter at nighttime and 7,500 candelas per square meter at daytime.
3. The minimum requirements in the California Energy Code for Lighting Zones 1–4; Lighting Zones (LZs) are defined by the CEC, with LZ1 applying to areas of low ambient lighting and LZ4 applying to areas of high ambient lighting.
Within each Lighting Zone, there is a different limit on light trespass. All urban areas are designated LZ3 as default under the California Energy Code.
Based on the existing conditions in the Downtown (dense urban environment with nighttime retail and entertainment), the City has used the LZ3 standards as the basis for the lighting standards for the proposed Ordinance.
4. Ability to be dimmable.
5. Project sign luminance contrast shall be less than 30 to 1 contrast ratio.
Contrast exceeding 30 to 1 are usually deemed uncomfortable; 10 to 1 are clearly visible; and less than 3 to 1 appear to be equal.
The above standards would ensure that light pollution and glare impacts are minimized in an effort to maintain dark skies and to ensure that new digital signage reduce the amount of backlight, uplight, and glare that could adversely affect nearby residential use properties on or near the Promenade and Santa Monica Place. Therefore, lighting and 10 of 11
glare impacts from the digital signs would not create a significant effect on the environment due to unusual circumstances.
• The project would not damage scenic resources - There are no scenic resources or scenic highways on the Third Street Promenade and within Santa Monica Place. Thus, the amendments would not have impacts on scenic resources. • The project is not located on a hazardous waste site - The following hazardous material databases were checked in October 2024 for known hazardous materials contamination at SMP pursuant to Government Code Section 65962.5:
o Department of Toxic Substances Control’s (“DTSC”) Envirostor database for hazardous waste and substances sites;1
o State Water Board’s Geotracker Database for cleanup program sites, land disposal sites, leaking underground storage tank sites, military sites, permitted UST sites, oil and gas monitoring sites, and National Pollutant Discharge Elimination System sites2
o State Water Board’s list of solid waste disposal sites with waste constituents above hazardous waste levels;3
o California Environmental Protection Agency’s Lists of active Cease and Desist Orders (“CDO”), Cleanup and Abatement Orders (“CAO”), Contaminated Solid Waste Disposal Sites.4
The Promenade is not listed on any hazardous material sites lists compiled pursuant to Government Code Section 65962.5. Therefore, no impacts related to hazardous waste site listing pursuant to Government Code Section 65962.5 would occur. 1 Department of Toxic Substances Control, Envirostor Database. Website:
https://www.envirostor.dtsc.ca.gov/public/search?basic=True; accessed November 8, 2023. 2 State Water Board Geotracker Database. Website: http://www.geotracker.waterboards.ca.gov; accessed November 8, 2023.
3 State Water Board Sites Identified with Waste Constituents above Hazardous Waste Levels Outside the Waste Management Unit, online at https://calepa.ca.gov/wp-content/uploads/sites/6/2016/10/SiteCleanup-CorteseListCurrentList.pdf; accessed November 8, 2023 4 CalEPA’s List of Active CDO and CAO sites, website: http://www.calepa.ca.gov/sitecleanup/corteselist/, accessed November 8, 2023.
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• The project would not cause a substantial adverse change in the significance of a historical resource – The Promenade is not listed as a City’s designated Landmark. Therefore, the proposed amendments would not result in an adverse effect on a historic resource.
Based on the above analysis, the amendments are categorically exempt per Sections 15301, 15303, and 15311 of the CEQA Guidelines.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of recommended action. Staff will return to Council if specific budget actions are required in the future.
Prepared By: Steve Mizokami, Principal Planner
Approved Forwarded to Council
Attachments:
A. CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 03.25.25
B. CDD-Ord_sign amd 032525
C. Written Comments
D. PowerPoint Presentation