Agenda packet, first session — Santa Monica City Council, September 9, 2025 (part 4 of 5)

The minimum requirements outlined in this Information Bulletin may be updated upon amendments to the 2025 California Building Code and 2025 California Fire Code.

INFORMATION BULLETIN
Single Exit Stairway Provisions for Multifamily Residential Buildings Over Three Stories

11.C.a
Packet Pg. 964 Attachment: Single Exit Informational Bulletin (September 1, 2025) [Revision 1] (7286 : High Rise and Single Stairway) Eligibility and Application Process
The licensed architect for the proposed multifamily project greater than three stories in height with the proposed single stair exit must:
• Submit an Alternate Materials and Methods Request per CBC Section 104.2.3. • Provide justification that life safety, fire protection, and egress performance meet or exceed the intent of the CBC.
• Incorporate enhanced design features as described below.

Minimum Required Design Features for Consideration
Multifamily dwelling (R-2 Occupancy) not more than four stories in height:

In addition to compliance with existing California building and fire code requirements, additional minimum required design features required include:
• The building must be sprinklered throughout with NFPA 13 standards. • The building must have not more than four dwelling units per floor. • The maximum floor area shall be limited to 4,000 sq. ft. per story. • Exit from the building must be discharged directly to a public street or to an alley which is 20 feet in width.
• The stairway exit from the R-2 occupancy shall not pass through any other occupancies. • No electrical outlets are permitted in exit stairways. • Emergency escape and rescue openings are required in all bedrooms.

Multifamily dwelling (R-2 Occupancy) more than four stories in height and up to six stories in height:

In addition to compliance with existing California building and fire code requirements, additional minimum required design features required include:
• The building must have not more than four dwelling units per floor. • The maximum floor area shall be limited to 4,000 sq. ft. per story. • Exit must be discharged directly to a public street or an alley which is 20 feet in width.

11.C.a
Packet Pg. 965 Attachment: Single Exit Informational Bulletin (September 1, 2025) [Revision 1] (7286 : High Rise and Single Stairway) • The stairway enclosure shall be pressurized.
• The travel distance from a dwelling unit door to the exit enclosure door shall be limited to 20 feet.
• The exit from the R-2 occupancy shall not pass through any other occupancies. • Required fire protection and life safety enhancements:
o Emergency escape and rescue openings are required in all bedrooms. o Increased minimum stair width from 44” to 48”.
• No occupied roofs above the highest floor are permitted. • Any occupancies other than R-2 occupancy must not communicate with the R-2 occupancy stairwell.
• No electrical outlets in exit stairways or corridors. • A Peer Review report is required per Section 104.2.3.7 of 2025 California Fire Code and California Building Code.

Review and Determination
Approval is subject to compliance with the design provision identified in this Informational Bulletin, and dependent on the equivalency of proposed life safety measures.

Statewide Code Development
Changes have already been proposed and may be reflected in future editions of the CBC (e.g., 2028 CBC anticipated to allow four-story single-exit buildings statewide).

Per AB 835, the Office of the State Fire Marshal is researching code updates to permit taller single-exit buildings (up to the high rise limit). A first draft of their report is expected in September 2025. The final document will be presented to the State Fire Marshal in November / December of 2025, and this Informational Bulletin will be updated accordingly to remain consistent with any future State adopted code changes.

11.C.a
Packet Pg. 966 Attachment: Single Exit Informational Bulletin (September 1, 2025) [Revision 1] (7286 : High Rise and Single Stairway) 1 David Yakobson
From: Greg Chasen <[email protected]>
Sent: Monday, September 8, 2025 4:21 PM
To: councilmtgitems
Subject: Support Item 11C - Single Stair & High-Rise Definition Reform

EXTERNAL
Santa Monica City Council,
Santa Monica City Council
1685 Main Street
Santa Monica, CA 90401
Re: Support for Single-Stair Reform and High-Rise Definition Update Dear Mayor and Councilmembers,
I am writing to express my strong support for the proposed regulatory updates outlined in the September 9, 2025 staff report, particularly the adoption of the updated Alternate Materials and Methods Request (AMMR) process for single-exit stairway multi-family buildings up to six stories, and the alignment of Santa Monica’s high-rise definition with the State standard of 75 feet.

The proposed single-stair reforms present a forward-thinking approach to housing design that balances safety, livability, and sustainability. By incorporating enhanced sprinkler systems, limited travel distances, stairway pressurization, direct street discharge, wider stairways, and mandatory peer review for taller projects, the AMMR process maintains an equivalent level of fire and life safety while allowing more efficient and space-conscious building layouts.

Importantly, single-stair designs enable the creation of family-sized units—homes with more bedrooms and better layouts—within mid-rise buildings. This is critical for supporting a diverse and stable population, attracting and retaining families, and ensuring the long-term vitality of our city.

From an urban design perspective, these reforms will allow smaller building footprints, more active facades, and a greater variety of architectural forms. By avoiding bulky double-corridor Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 967 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 2 designs, single-stair buildings can be more human-scaled, visually appealing, and compatible with Santa Monica’s unique character. This approach also supports improved natural light and ventilation for residents, further enhancing livability.

Additionally, aligning the high-rise definition with State standards recognizes modern firefighting capabilities, updated building safety requirements, and our City’s planned investment in Fire Department capacity. This change will reduce unnecessary regulatory barriers and better focus resources on buildings that truly require specialized high-rise response.

In light of Santa Monica’s urgent housing needs, these reforms offer a practical pathway to encourage well-designed, safe, and sustainable residential development that strengthens our community fabric. I urge the Council to approve these changes and continue exploring policies that promote both safety and housing innovation.

Thank you for your leadership and commitment to creating a more livable Santa Monica.

This letter tool is powered by Abundance Network - Santa Monica, a locally led and run organization working to make our city more affordable, accessible, and livable through targeted reforms to how our government delivers for people.

Greg Chasen
[email protected]
Santa Monica, California 90401
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 968 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 3 David Yakobson
From: Kara Block <[email protected]>
Sent: Monday, September 8, 2025 4:38 PM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Cc: councilmtgitems; Council Mailbox; Sia Poursabahian; Jing Yeo; Oliver Chi Subject: City Council Agenda Item 11.C - SUPPORT to Align High-Rise Definition Consistent with State Code and AMMR for Single-Exit Stairway

EXTERNAL
Dear Mayor Negrete and Councilmembers.

I am writing to encourage you all to support tomorrow's Agenda Item 11.C to Align High-Rise Definition Consistent with State Code and AMMR for Single-Exit Stairway. As I support the approval of both items, I believe it is of the utmost importance to align Santa Monica's High-Rise definition as soon as possible.

As a licensed architect who works on projects in multiple jurisdictions in California, 75' high is the typical threshold for mid-rise construction with High-Rise being any building over 75'. One of the most cost-effective construction types for multi-family residential buildings is a "podium project" that you see all over the LA area and means that the ground floor (or two or 3) levels are built of concrete and metal (Type I Construction) with a maximum of 5-stories of wood frame construction (Type III Construction) above. With all podium projects I have worked on in my 20+ years of practicing architecture, the building owners also require that the height stays under the high-rise threshold. The primary reason for this requirement is cost! I would estimate there is a minimum premium of $750,000 to implement the additional required high-rise features.

Why does this matter? With the cost of construction and other economic factors Santa Monica housing developers are currently facing, adding a significant cost to buildings that they could otherwise build a few short miles away in Los Angeles is not worth it to many. When a building is classified as a high rise, there are different and additional fire protection measures that must be incorporated into the design including pressurized egress stairways with separate mechanical equipment to provide the pressurization, on-site fire water storage tanks, separate fire pumps for the storage tanks, just to name a few. In addition to the large cost of this added equipment, the space required for most of these features is also quite staggering. For example, a fire water storage tank for a 100-unit building would require similar space as 4-5 vehicle parking spaces with the adjacent fire water pump taking up about another car size space.

These tanks are typically located in the lowest floor of the basement due to the weight and space requirements. For every foot of excavation for subterranean parking, the cost exponentially goes up.

The main question is if Los Angeles and most of the Cities in California safely have a high-rise threshold of at least 75', why can't Santa Monica as well? I encourage you all to support Agenda Item 11.C to Align High-Rise Definition Consistent with State Code and AMMR for Single-Exit Stairway.

Thank you for your consideration and for your attention to work to remove barriers to housing production for all income levels.

Thank You,
Kara Block, AIA, NCARB
Partner

Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 969 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 4 DFH Architects, LLP
1544 Twentieth Street
Santa Monica, CA 90404
tel: 310.394.4045 ext.4567
direct: 310.752.4567
cell: 213.706.0835
www.dfhaia.com
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 970 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 1 David Yakobson
From: Judy Kruger <[email protected]>
Sent: Friday, September 5, 2025 9:59 AM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Cc: councilmtgitems; Sia Poursabahian; Jing Yeo; Oliver Chi; Paula Larmore; Judy Kruger (Santa Monica Chamber of Commerce)
Subject: Agenda Item 11.C, Align High-Rise Definition Consistent with State Code and AMMR for Single-Exit Stairway – SUPPORT
Attachments: 9.5.25 Chamber Letter - High Rise Def.pdf

EXTERNAL
Dear Mayor Negrete and Councilmembers - Please see attached Chamber letter in submission for Agenda Item 11.C to be presented at City Council on September 9th, 2025.

Best Regards,
Judy
Judy Kruger
CEO & President
213-703-1340
[email protected]
smchamber.com
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 971 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) September 5, 2025
City Council
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
Re: Agenda Item 11.C, Align High-Rise Definition Consistent with State Code and AMMR for Single-Exit Stairway – SUPPORT
Dear Mayor Negrete and City Councilmembers:

On behalf of the Santa Monica Chamber of Commerce, we urge the Council to approve Item 11.C to align the City’s definition of a high-rise building with the Statewide definition and establish an Alternative Means/Methods process to facilitate the construction of single-stairwell multifamily unit residential buildings up to six stories.

We frequently hear from our members that the cost and lack of available housing options in Santa Monica directly impacts their ability to attract and retain local employees.

Both of these changes will significantly decrease the cost for housing projects in support of both City’s housing production and economic recovery goals. This change will also create consistency with Los Angeles and many other cities State-wide.

As the Council previously provided unanimous direction to move forward with both of these items direction at its March 25, 2025 hearing, we appreciate the authorization being provided to Staff on the single-stairway exit but we disappointed that the high-rise definition is merely another vote directing Staff to bring this long-awaited change back as part of the new building and fire code updates. We ask Council to confirm that the Staff Report’s estimate of “late September/early October 2025” for this item to come back will stick so that developers/property owners can move forward with entitlements and/or construction drawings with certainty.

The Chamber appreciates City Staff and the Council’s attention and work to remove barriers to housing production for all income levels to increase opportunities for our workforce to both live and work in Santa Monica.

Respectfully Submitted,

Judy Kruger Paula Larmore
President & CEO Chair of the Board
Board Executives
Chair
Paula Larmore
Harding, Larmore,
Kutcher & Kozal LLP
Past Chair
Charlie LopezQuintana
ETC Hotels
Treasurer
Addie VanGessel
Tavern on Main
Vice-Chair
Dustin Peterson
Fairmont Miramar
Hotel & Bungalows
Vice-Chair
Jeremy Rawitch
RAND
Vice-Chair
Vee Gomez
Beach Yoga SoCal
Vice-Chair
Melissa Cohen
Boston Properties
Vice-Chair
Elias Garcia
Kaiser Permanente
Directors
Eddie Guerboian
Jeweler
Neil Carrey
Attorney
Elnie Vannatim
Cedars-Sinai
Gina Gribow
EKA Public Affairs
Directors
Jessica Rincon
Sanbourne
Lilit Avagyan
US Bank
Jenn Verma
Lionsgate
Ben Marcus
UP Partners
Yvette Sims
Hair by Yvette
Cheree
Michael Altchule
UCLA Health
Shanna Johnson
Regent
Shari Davis
Santa Monica
College
Wesly Hernandez
SNAP Inc.

Berta Negari
XYZ Rent
Garrett Childers
SM Fire 1109
Doreen Lahav
Prism Places
Kara Block
DHF Architects
Carlos Madrid

SMPD POA
Jared Amerson
Providence Saint
John’s
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 972 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 2 David Yakobson
From: Kevin Zelaya <[email protected]>
Sent: Friday, September 5, 2025 7:51 PM
To: councilmtgitems
Subject: Support Single Stair in Santa Monica: Agenda Item 11C

EXTERNAL
Santa Monica City Council,
I am writing to urge you to support the ordinance that would legalize 4–6 story single stair apartment buildings in Santa Monica.

As you know, the City currently follows an outdated policy that requires two stairways in most multifamily housing. While well intentioned, this rule makes it harder to design efficient, livable housing. It forces larger building footprints with smaller units, reduces open space, and limits natural light and airflow all at a time when Santa Monica urgently needs more housing options that people actually want to live in.

Allowing single stair buildings would bring Santa Monica in line with successful practices in many other countries. It would unlock better housing design, more family friendly units, and healthier living environments while still ensuring safety.

The City has studied this reform and is now at the crucial step of moving it forward. I urge you to vote yes this Tuesday to support single stair residential buildings. This is a commonsense reform that will improve both housing supply and quality of life in Santa Monica.

Thank you for your leadership on this important issue.

Kevin Zelaya
[email protected]
1139 S Rimpau Blvd
Los Angeles, California 90019
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 973 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 3 David Yakobson
From: Jan Gardner <[email protected]>
Sent: Friday, September 5, 2025 8:52 PM
To: councilmtgitems
Subject: Support Single Stair in Santa Monica: Agenda Item 11C

EXTERNAL
Santa Monica City Council,
I am writing to urge you to support the ordinance that would legalize 4–6 story single stair apartment buildings in Santa Monica.

Thank you for your leadership on this important issue.

Jan Gardner
[email protected]
3 Ponderosa, Lane
Rolling Hills Est, California 90274
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 974 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 4 David Yakobson
From: Quinn Vaughn <[email protected]>
Sent: Friday, September 5, 2025 4:39 PM
To: councilmtgitems
Subject: Support Single Stair in Santa Monica: Agenda Item 11C

EXTERNAL
Santa Monica City Council,
I am writing to urge you to support the ordinance that would legalize 4–6 story single stair apartment buildings in Santa Monica.

Thank you for your leadership on this important issue.

Quinn Vaughn
[email protected]
1670 Manning Ave
Los Angeles, California 90024
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 975 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 5 David Yakobson
From: Eve Lopez <[email protected]>
Sent: Sunday, September 7, 2025 8:30 PM
To: Lana Negrete; Jesse Zwick; Dan Hall; Ellis Raskin; Caroline Torosis; Natalya Zernitskaya; Barry Snell
Cc: councilmtgitems; Fire; Matthew Hallock
Subject: Agenda Item 11C - Opposition to Proposed Redefinition of High-Rise Building Standards and Single Stairwell Provisions

EXTERNAL
Dear Mayor Negrete and Councilmembers,
I urge you to reject the proposed redefinition of high-rise buildings from 55 feet to 75 feet and the allowance of singlestairwell residential projects up to six stories.

Fire Department Capabilities vs. Building Height
The current 55-foot threshold reflects our geography, firefighting capacity, and unique risks. Raising it to 75-foot threshold may align with State code, but it disregards the operational realities of Santa Monica’s Fire Department today. Fire and life safety should be tailored to local capacity, not to a one-size-fits-all statewide minimum. Santa Monica’s compact urban setting, narrow streets, and unrelenting densification this City Council has done nothing to stop, complicate ladder placement and access. Firefighters may face blocked approaches, construction obstacles, angled positioning, or overhead utility constraints, all of which reduce the effective height a ladder can reach. In practice, the theoretical capacity of a ladder truck is rarely achievable in a real emergency environment.

If the City cannot safely reach occupants on the upper floors of a 75-foot structure with the existing fleet, then lowering safety standards to match the State definition places lives at risk.

Leadership and Accountability
It is telling that the Police Chief chose to resign over differences with this administration, yet disappointing that our Fire Chief has not shown the same willingness to push back on a proposal that so directly impacts life safety. True leadership requires speaking candidly and placing public safety above administrative convenience or development priorities.

Risks to an Aging Population
Equally concerning is the plan to allow single-stairwell buildings up to six stories. A single exit is a dangerous vulnerability.

Sprinklers and pressurization may help but cannot replace the need for a second means of escape. It is especially troubling that Agenda Item 11A acknowledges Santa Monica’s growing aging population, yet this proposal would raise building heights beyond the reach of current equipment and sanction designs that put aging residents with limited mobility at greater risk.

For these reasons, I urge the Council to:

1. Maintain the current 55-foot threshold for defining high-rise buildings unless and until the City can demonstrate, with specifics, that its equipment and staffing are capable of safely protecting buildings up to 75 feet.

2. Reject the single-stairwell provision for buildings above three stories, as the proposed “equivalencies” do not eliminate the fundamental risks created by having only one means of escape and unreasonably places Santa Monica’s vulnerable aging population at risk.

The Council’s first responsibility must be public safety. Please take that responsibility seriously and reject Agenda item 11C.

Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 976 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 6 Thank you for your consideration of this critical public safety matter.

Eve Lopez
Santa Monica Resident
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 977 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 7 David Yakobson
From: Melissa Cohen <[email protected]>
Sent: Monday, September 8, 2025 9:56 AM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Cc: councilmtgitems; Sia Poursabahian; Jing Yeo; Oliver Chi; Alexander Cameron; Molly Castles; Laura Kerl
Subject: SM High Rise Definition and Single Stair: September 9th Council Item Attachments: BXP_Letter to Council_Support High Rise Definition_090525.pdf

EXTERNAL
Dear Mayor Negrete and City Councilmembers,
On behalf of BXP, please see attached letter of support to align the City’s Definition of High-Rise Building with the Statewide Definition.

Thank you for the opportunity to participate
Melissa
Melissa Cohen
VP, Development
Los Angeles Regional Director
2800 28th Street, Suite 170
Santa Monica, CA 90405
(310) 597-0576
[email protected]

Disclaimer
This message is a private communication and is intended only for the named addressee. It may contain information which is confidential, proprietary and/or privileged under applicable law. If you are not the designated recipient, you may not review, copy or distribute this message. If you receive this message in error, please notify the sender by reply e-mail and delete this message from your system.

Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 978 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 2800 28th Street, Suite 170
Santa Monica, CA 90405
424.330.3530
www.bxp.com
BXP, Inc.
(NYSE: BXP)
September 5, 2025
City Council
City of Santa Monica
1685 Main Street
Santa Monica, CA 90404
Re: Agenda Item 11.C, Align the City’s Definition of High-Rise Building with the Statewide Definition – SUPPORT
Dear Mayor Negrete and City Councilmembers,
On behalf of BXP, we are grateful for the chance to provide our support to align the City’s Definition of High-Rise Building with the Statewide Definition. In addition, we support the City establishing an Alternative Means/Methods for construction of single-stairwell multifamily unit residential buildings up to sixstories.

As the largest commercial office landlord in Santa Monica with over 2.4MM SF and currently in the early planning phases of a mixed-use development that would contribute to the City’s housing production, we are supportive of the City Staff and Council’s attention and work to remove barriers to housing production for all income levels. There are currently many barriers and costs that are keeping multi-family developers from moving forward with housing projects in the city. Aligning the City’s definition of a High-Rise Building with the Statewide Definition significantly decreases the cost for housing projects and we respectfully ask that the City Council adopt these changes promptly.

Thank you,
Melissa Cohen Alex Cameron
Melissa Cohen Alex Cameron
VP, Development VP, Leasing
Los Angeles Regional Director Los Angeles Regional Director Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 979 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 8 David Yakobson
From: Santa Monica Forward <[email protected]> Sent: Monday, September 8, 2025 12:27 PM
To: Lana Negrete; Dan Hall; Caroline Torosis; Jesse Zwick; Ellis Raskin; Natalya Zernitskaya; Barry Snell; councilmtgitems
Subject: Santa Monica Forward Supports 11.C - Single-Stair

EXTERNAL
Mayor and Members of the Santa Monica City Council,
On behalf of Santa Monica Forward, I am writing to express our enthusiastic support for Item 11.C, the adoption of an ordinance to allow for single-stair buildings and fix the high-rise building code. This is a common-sense update to our building code that will unlock new opportunities for much-needed housing in our city while maintaining safe housing for residents. In particular, single-stair is a crucial unlock to allow familysized 3 and 4 bedroom units that the city is severely lacking.

For too long, outdated regulations requiring two stairwells in smaller multi-family buildings have inadvertently limited the type of housing that can be built. This has made it difficult to construct appropriately scaled housing on smaller infill lots and has often resulted in floor plans that are inefficient and less livable.

Adopting a single-stair ordinance will directly address these issues, primarily by enabling the creation of more family-friendly housing. By reclaiming the space otherwise lost to a redundant second staircase, architects and builders can design larger, "through-units" with windows and light on opposite sides. These are the bright, better-ventilated, multi-bedroom homes that Santa Monica families are desperately seeking but can rarely find or afford.

This is not a radical or untested idea. It is a proven, safe, and widely used building practice in cities like Seattle and New York, as well as throughout Europe. When combined with the modern fire safety standards such as sprinklers and pressurized stairwells included in the ordinance, these buildings maintain the highest levels of safety for residents.

Passing the single-stair ordinance is a simple, practical, and powerful step your council can take to encourage the development of more diverse, livable, and family-oriented housing. We urge you to vote yes on this important measure.

Thank you for your consideration.

Sincerely,
Santa Monica Forward
Co-Chairs, Bradley Ewing and Carl Hansen
Vice Chair, Sam Shapiro-Kline
--
We are working for a diverse, progressive, sustainable and equitable Santa Monica.

SantaMonicaForward.org
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 980 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 9 David Yakobson
From: Eli Eli Gill <[email protected]>
Sent: Monday, September 8, 2025 12:27 PM
To: councilmtgitems
Subject: Support Item 11C - Single Stair & High-Rise Definition Reform

11.C.b
Packet Pg. 981 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 10 designs, single-stair buildings can be more human-scaled, visually appealing, and compatible with Santa Monica’s unique character. This approach also supports improved natural light and ventilation for residents, further enhancing livability.

Thank you for your leadership and commitment to creating a more livable Santa Monica.

Eli Eli Gill
[email protected]
Santa Monica, California 90403
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 982 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 11 David Yakobson
From: Hank Koning <[email protected]>
Sent: Monday, September 8, 2025 1:00 PM
To: councilmtgitems; Jesse Zwick; Lana Negrete; Ellis Raskin; Dan Hall; Caroline Torosis; Natalya Zernitskaya; Barry Snell
Subject: Council Meeting 9/9/2025 Agenda Item 11-C
Attachments: A propsaed single stair project.pdf

EXTERNAL
Major, City Council Members,
I applaud you all for taking up these building code issues.

Over a decade ago I brought up the highrise definition issue with the then Santa Monica Building Official Ron Takiguchi. He said he thought aligning Santa Monica’s definition with the California Building Code was appropriate and would look into it.

Unfortunately he left the City.

I have continued to raise this issue over the years like a broken record.

So yes, I support your direction to city staff.

However, there needs to be a correction.The motion refers to 75’ high buildings. The CBC language actually measures the 75’ limit as being from the highest floor level to the lowest level where firefighting apparatus would be located (typically the street gutter). So a building that is 85’ in height by either the Planning or Building Code definition most likely would have its highest floor level less than 75’ above the street level and therefore not be a highrise. It’s important to use the CBC language to avoid confusion later.

I urge you to direct staff to revise the language accordingly.

In regard to the single stair item, I just spent 2 weeks in Denmark and stayed in a sixth floor apartment in Copenhagen. This was served by a single stair and had 4 units opening off each floor. The floor plate easily exceeded 4,000sf. and the building was not even sprinklered.

I do support the concept of allowing a single stair for residential buildings with no more than 4 units per floor.

However as presented here, I don’t believe this will be utilized much. Firstly this requires submitting for an Alternate Means and Methods Request (AMMR). These are costly, time consuming and discretionary. In addition, AMMRs are typically not accepted by the Department of Building and Safety until a Plan Check Application is submitted and a Plan Check number provided on the application form. So when I start designing a project and am considering having a single stair arrangement, I need to submit the AMMR (assuming the City will accept it at this stage), pay the fee, wait for DBS and also the Fire Department to approve, before I even start a schematic design. Los Angeles is also considering a similar single stair ordinance but they do not require an AMMR be submitted.

Secondly, there are the proposed conditions. Requiring a pressurized stair shaft requires having a vestibule through which one passes to enter the stair shaft. This takes up a lot of room. In addition a pressurized stair shaft also requires an emergency power source - either an emergency generator or batteries. This adds a lot of cost both in construction and also in ongoing maintenance. The proposed City of Los Angeles ordinance allows Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 983 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 12 the use of open exterior stairs. This would avoid the pressurisation requirement. This ordinance should also allow the use of exterior stairs.

The 4,000sf/floor plate limitation, the 20' door and the need for the stair to discharge directly to a street or 20’ alley also limit how many projects can use the single stair option.

I have attached a study for a single stair housing project that we prepared for the recent "Small Lots, Big Impact “competition. Having to include the requirements of the proposed conditions would render the project infeasible. There may be other submissions with single stair designs that may be good to look at.

I urge you to direct staff to reconsider the process and conditions so the single stair scenario is a more realistic possibility.

Thank you for your consideration of these issues.
____________________
Hank Koning, FAIA, LFRAIA, LEED AP Founding Principal
KoningEizenberg| 1454 25th Street, Santa Monica, CA 90404 Direct: 424 220 2733 (incl. VM and SMS texts)
www.kearch.com
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 984 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway)

OVERVIEW
A stack of communal spaces faces the street. Behind the elevator, the open ground floor is left as an unconditioned “garage” for residents to organize according to preference: bike storage; workshop; parking; or a revenue-generating guest suite permitted as an ADU.

The 400-SF prefabricated units comprise 15’ x 27’-6”, 1-bed 1-bath modules with exterior corridor and 4’x6’ balcony. Stacked modules combine via a knockout zone to create an 800-SF 2-bed, 2-bath suitable for a growing family or household. Compact bathrooms and single-wall kitchens optimize usable space.

Living simply while maximizing amenity (with minimal conditioned spaces) offers an alternate sustainable lifestyle model. In this replicable model, prefabrication minimizes waste while the “social stack” and podium spaces could be tailored by site and owners. Communal areas and units cross-ventilate. Trellis-mounted rooftop PV panels add shade and on-site power generation. Drought tolerant landscaping includes planters, trellises, and parkway strip.

This 18-unit prototype for
missing-middle housing focuses
as much on building relationships
with neighbors as building equity.

MAKING IT WORK
Inspired by the German Baugruppen and Nightengale in Australia, Social Stack functions as something between a condo and a co-op. Owners opt-in to a lifestyle centered in sustainability and collective decision making on shared resources.

The project uses TOC Tier 3 incentives to maximize density, meaning at minimum 2 units would be affordable. Design assumes no public funds are used, and units are Chapter 11A compliant - including accessible compact bathrooms, inspired by Stanley Saitowitz’s in San Francisco.

A set of code improvements would make this project possible:
• Single Stair Access maximizes communal space and unit arrangement.

While possible to achieve this project as a walk-up, this proposal includes an elevator to serve a wider range of residents.
• Measuring Fire Separation Distance (10’) from the Centerline of Side Alley for exterior exit balcony.

SOCIAL STACK

GF ALTERNATES STREET FACADE ALLEY FACADE

SECTION WITH INTERIOR VIEWS
TRASH
TRASH

MACHINE
ROOM

ELECTRICAL

PLAY PORCH
DOUBLE
HEIGHT

TERRACE

PARTY / MEETING

BBQ ROOF DECK
MAIL
PARCEL

BIKE / STORAGE LOCKERS
MAKE
ADU - GUEST RENTAL PARKING - 4 STALLS
^N 1 : 3/32
1 : 3/64

LAUNDRY

COWORKING

TERRACE
GF
2F
4F
6F
5F
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 13 David Yakobson
From: Jeanne Laurie <[email protected]>
Sent: Monday, September 8, 2025 1:24 PM
To: councilmtgitems
Subject: 9/9/25 agenda item 11-C: Proposed Redefinition of High-Rise Building Standards and Single Stairwell Provisions -- OPPOSE!

EXTERNAL
Single Stairwell Provisions -- OPPOSE!

I oppose the proposed redefinition of high-rise buildings from 55 feet to 75 feet and the allowance of singlestairwell residential projects up to 6ix stories.

I urge the City Council to do the following:

1) Maintain the current 55-foot threshold for defining high-rise buildings until the Fire Department can demonstrate that its equipment and staffing are capable of safely protecting buildings up to 75 feet in height. 2) Reject the single-stairwell provision for buildings above 3 stories, as having only one means of escape places Santa Monica’s aging population at risk.

Background:

Fire Department Capabilities vs. Building Height -- The current 55-foot threshold reflects our geography, firefighting capacity, and unique risks. Raising it to a 75-foot threshold may align with State code, but it disregards the operational realities of Santa Monica’s Fire Department today.

Santa Monica’s compact urban setting, narrow streets, and densification, which this City Council has done nothing to stop, complicate both ladder placement and access. Firefighters may face blocked approaches, construction obstacles, angled positioning, or overhead utility constraints, all of which reduce the effective height a ladder can reach. In practice, the theoretical capacity of a ladder truck is rarely achievable in a real emergency environment.

If the City cannot safely reach occupants on the upper floors of a 75-foot structure with the existing fleet, then lowering safety standards to match the State definition places lives at risk.

Leadership and Accountability -- It is worth noting that Police Chief Batista resigned over differences with this administration, yet our Fire Chief is apparently not willing to push back on a proposal that could impact life safety.

Risks to an Aging Population -- The plan to allow single-stairwell buildings up to 6 stories, i.e., a single exit, creates a dangerous vulnerability. Sprinklers and pressurization may help, but they cannot replace the need for a second means of escape.

Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 986 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 14 While agenda item 11-A acknowledges Santa Monica’s growing aging population, this proposal would raise building heights beyond the reach of current firefighting equipment and allow designs that would put aging residents with limited mobility at greater risk.

Again, I oppose agenda item 11-C.

Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 987 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 15 David Yakobson
From: John Lin <[email protected]>
Sent: Monday, September 8, 2025 2:14 PM
To: councilmtgitems
Subject: Support Item 11C - Single Stair & High-Rise Definition Reform

EXTERNAL
Santa Monica City Council,
Santa Monica City Council
1685 Main Street
Santa Monica, CA 90401
Re: Support for Single-Stair Reform and High-Rise Definition Update Dear Mayor and Councilmembers,
I am writing to express my emphatic support for the proposed regulatory updates outlined in the September 9, 2025 staff report, particularly the adoption of the updated Alternate Materials and Methods Request (AMMR) process for single-exit stairway multi-family buildings up to six stories, and the alignment of Santa Monica’s high-rise definition with the State standard of 75 feet.

11.C.b
Packet Pg. 988 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 16 designs, single-stair buildings can be more human-scaled, visually appealing, and compatible with Santa Monica’s unique character. This approach also supports improved natural light and ventilation for residents, further enhancing livability.

Thank you for your leadership and commitment to creating a more livable Santa Monica.

John Lin
[email protected]
Santa Monica, California 90401
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 989 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 17 David Yakobson
From: [email protected] <[email protected]> Sent: Monday, September 8, 2025 2:12 PM
To: councilmtgitems
Subject: Support Item 11C - Single Stair & High-Rise Definition Reform

11.C.b
Packet Pg. 990 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 18 designs, single-stair buildings can be more human-scaled, visually appealing, and compatible with Santa Monica’s unique character. This approach also supports improved natural light and ventilation for residents, further enhancing livability.

Thank you for your leadership and commitment to creating a more livable Santa Monica.

11.C.b
Packet Pg. 991 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 1 David Yakobson
From: Nikima Newsome
Sent: Monday, September 8, 2025 5:09 PM
To: [email protected]
Cc: councilmtgitems
Subject: FW: Please support parking reform and more housing in Santa Monica! Hello Mr. Gilbert,
I am in receipt of your email, and it will be uploaded to the agenda prior to the meeting tomorrow. In the future, please direct all written public comments for Council meeting agenda items to [email protected].

Best,
Nikima
Nikima S. Newsome, MPA/MMC
she/her
City Clerk
(310) 458-8211
[email protected]
santamonica.gov - City Clerk's Office
Apply to a Board or Commission!
Facebook | Twitter | Instagram
Subscribe to City of Santa Monica Email Updates
-----Original Message-----
From: [email protected] <[email protected]> Sent: Monday, September 8, 2025 5:06 PM
To: Nikima Newsome <[email protected]>
Subject: Please support parking reform and more housing in Santa Monica!

EXTERNAL
Dear City Clerk Niki Newsome,
As a Santa Monica resident, I write you in support of item 11-C, regarding a provision to allow single-exit stairway residential buildings, up to six stories in height.

The City Council has a great opportunity to authorize staff to implement an updated Alternate Materials and Methods Request (AMMR) process for single-exit stairway multifamily residential buildings of up to six stories. I urge you to do so and act with urgency, as changes in state law will soon make reform more challenging to implement.

Under Santa Monica’s current building code requiring two stairways, almost all new multifamily housing must be built on large sites and include double-loaded corridors connecting the two stairways (hallways with apartments on both sides). This typology often necessitates assembling multiple parcels, and produces small units with limited access to air and light. Single-stair buildings, on the other hand, could easily be built on many more local parcels, and would produce larger family-sized units with cross-ventilation and quality shared open space. More and more Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 992 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 2 cities in California and across the United States are taking steps to legalize single-stair buildings as a commonsense reform that unlocks the potential of small parcels and creates a product that is attractive to many families.

Single-stair buildings make housing more affordable and have an excellent safety record. New research shows that single-stairwell buildings cost significantly less to construct than their dual-stairway counterparts and that they can fit on smaller infill lots. Furthermore, these small apartment buildings, made financially feasible by allowing single stairways, tend to have the most affordable rents across building types; they expand housing options for low- and middle-income families. Single-stair buildings use more of their floor plans for living space instead of hallways. This leads to lower building costs and greater affordability. In addition, single-stair buildings foster a more fine-grain pedestrian-oriented urban design with a greater number of smaller buildings.

There is a growing movement around this revolution in building codes. The cities of New York, Seattle, and Honolulu already allow single-stair buildings, and Los Angeles is currently pursuing building-code amendments to do the same. I ask that you direct staff to act swiftly in drafting single-stair legislation, so that your City Council is able to adopt a final ordinance legalizing this housing typology by Tuesday, Sept. 30. This reform will help boost housing production by putting more parcels into play, revitalize commercial corridors, and create higher-quality housing options for families.

I also think it will help in better design and help create more housing without the excess mass.

I urge you to support the motion and work to expedite this necessary reform.

Sincerely,
Adam Gilbert
Santa Monica, CA 90403-4473
[email protected]
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 993 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 3 David Yakobson
From: Jake Pierce <[email protected]>
Sent: Monday, September 8, 2025 6:01 PM
To: Lana Negrete; Dan Hall; Caroline Torosis; Jesse Zwick; Ellis Raskin; Natalya Zernitskaya; Barry Snell
Cc: Azeen Khanmalek; Scott Epstein; Lindsay; Zachary Pitts; councilmtgitems; John Yi Subject: Strong support re: Item 11C, single-stair reform (Abundant Housing LA, et al) Attachments: Support - Single Stair (AHLA, LCI, YA).pdf

EXTERNAL
Dear Mayor Negrete and members of the Santa Monica City Council, Local housing advocates would like to express strong support for efforts to legalize single-stair multifamily residential buildings, up to six stories.

Our coalition, made up of Abundant Housing LA, Livable Communities Initiative and YIMBY Action, asks you to act with urgency on this important matter (Item 11-c on tomorrow's City Council agenda). These buildings are every bit as safe as those two stairwells, and allowing them will lead to more affordable housing, better urban design and larger apartment units, suitable for local families.

In addition to expressing enthusiastic support, we do have two concerns, including that the current language would limit the allowable unit size in these complexes.

Please see the attached letter for our full comments.

Thank you,
Jacob Pierce
Housing Elements & Policy Analyst
Abundant Housing LA
@jacobpierceLA
To help
protect your
privacy,
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prevented
auto matic
download of
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from the
Internet.

Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 994 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 9/8/2025
Santa Monica City Council
1685 Main Street
Santa Monica CA 90401
RE: Item 11c Legalizing Single-Stair Buildings Up to 6 Stories Dear Mayor Negrete and members of the Santa Monica City Council:

We write you in support of item 11-C, regarding a provision to allow single-exit stairway residential buildings, up to six stories in height.

Your City Council has a great opportunity to authorize staff to implement an updated Alternate Materials and Methods Request (AMMR) process for single-exit stairway multifamily residential buildings of up to six stories. Our organizations urge you to do so and act with urgency, as changes in state law will soon make reform more challenging to implement.

Under Santa Monica’s current building code requiring two stairways, almost all new multifamily housing must be built on large sites and include double-loaded corridors connecting the two stairways (hallways with apartments on both sides). This typology often necessitates assembling multiple parcels, and produces small units with limited access to light and air. Single-stair buildings, on the other hand, could easily be built on many more local parcels, and would produce larger family-sized units with cross-ventilation and quality shared open space. More and more cities in California and across the United States are taking steps to legalize single-stair buildings as a common-sense reform that unlocks the potential of small parcels and creates a product that is attractive to many families.

A recent report from Pew Research summarizes the benefits of single-stair buildings and provides evidence on their excellent safety record. The report found that single-stairway buildings “cost 6% to 13% less to construct than similar dual-stairway buildings” and that they can fit on “smaller infill lots.” It also found that “small apartment buildings with two to 19 units” made financially feasible by allowing single stairways tend to have the most affordable rents across building types and expand housing Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 995 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) options for low- and middle-income families. The Harvard Joint Center for Housing Studies found that single-stair buildings are able to use up to 10% more of a floor plan for living space, instead of hallways, which leads to lower building costs and therefore greater affordability. In addition, single-stair buildings “form more neighborly, less anonymous interior communities than one enormous whole-block apartment building with 100 units sharing a hallway.”
There is a growing movement around this revolution in building codes. The cities of New York, Seattle, and Honolulu already allow single-stair buildings, and Los Angeles is currently pursuing building-code amendments to do the same. We ask that you direct staff to act swiftly in drafting a single-stair ordinance, so that your City Council is able to adopt a final ordinance legalizing this housing typology by Tuesday, Sept. 30. This reform will help boost housing production by putting more parcels into play, revitalize commercial corridors, and create higher-quality housing options for families.

While we strongly support this item, we want to draw your attention to a couple concerns around the current drafting of the AMMR bulletin. First, we urge you to allow 4,000 square feet of net floor area rather than maximum floor area per story. One of the greatest benefits of the single-stair typology is that it makes it easier to provide family-sized units. If non-usable space (such as hallways, elevators, and stairwells) is included in the 4,000 sq. ft. metric, it will be challenging for developers to build four family-sized units per story. Second, the bulletin should be revised to clarify that a parking garage, if furnished, can utilize the same stair as the residential floors.

We urge you to support the motion with the above modifications. Thank you for your leadership.

Sincerely,
Azeen Khanmalek Lindsay Sturman
Azeen Khanmalek
Executive Director
Abundant Housing LA
Co-Founder
Livable Communities Initiative
Zach Pitts
LA Director
YIMBY Action
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 996 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 4 David Yakobson
From: Matias Fuchs-Lynch <[email protected]> Sent: Monday, September 8, 2025 8:26 PM
To: councilmtgitems
Subject: Support Item 11C - Single Stair & High-Rise Definition Reform

11.C.b
Packet Pg. 997 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 5 designs, single-stair buildings can be more human-scaled, visually appealing, and compatible with Santa Monica’s unique character. This approach also supports improved natural light and ventilation for residents, further enhancing livability.

Thank you for your leadership and commitment to creating a more livable Santa Monica.

Matias Fuchs-Lynch
[email protected]
Santa Monica, California 90403
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 998 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 6 David Yakobson
From: [email protected]
Sent: Tuesday, September 9, 2025 9:43 AM
To: councilmtgitems; Barry Snell; Caroline Torosis; Dan Hall; Ellis Raskin; Jesse Zwick; Lana Negrete; Natalya Zernitskaya
Cc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: FOSP: City Council 9/9/25 item 11-C -- OPPOSE!

EXTERNAL
September 8, 2025
To: Mayor Negrete and City Councilmembers
From: Board of Directors, Friends of Sunset Park
RE: 9/9/25 agenda item 11-C: Proposed Redefinition of High-Rise Building Standards and Single Stairwell Provisions -- OPPOSE!
The FOSP Board opposes the proposed redefinition of high-rise buildings from 55 feet to 75 feet and the allowance of single-stairwell residential projects up to 6ix stories.

We urge the City Council to do the following:
1) Maintain the current 55-foot threshold for defining high-rise buildings until the Fire Department can demonstrate that its equipment and staffing are capable of safely protecting buildings up to 75 feet in height.
2) Reject the single-stairwell provision for buildings above 3 stories, as having only one means of escape places Santa Monica’s aging population at risk.

Background:

If the City cannot safely reach occupants on the upper floors of a 75-foot structure with the existing fleet, then lowering safety standards to match the State definition places lives at risk.

Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 999 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 7 Leadership and Accountability -- It is worth noting that Police Chief Batista resigned over differences with this administration, yet our Fire Chief is apparently not willing to push back on a proposal that could impact life safety.

While agenda item 11-A acknowledges Santa Monica’s growing aging population, this proposal in item 11-C would raise building heights beyond the reach of current firefighting equipment and allow designs that would put aging residents with limited mobility at greater risk.

Again, the FOSP Board opposes agenda item 11-C.

Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 1000 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 8 David Yakobson
From: Andrew Hoyer <[email protected]>
Sent: Tuesday, September 9, 2025 10:07 AM
To: councilmtgitems; Lana Negrete; Dan Hall; Jesse Zwick; Caroline Torosis; Ellis Raskin; Natalya Zernitskaya; Barry Snell
Subject: Sept 9, 2025: Item 11-C

EXTERNAL
What a truly horrendous and life-threatening idea! Please do not go down this path.

Andrew Hoyer
There is only one moment in time when it is essential to awaken. That moment is now. - Buddha
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 1001 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 9 David Yakobson
From: Noma Boardmember <[email protected]>
Sent: Tuesday, September 9, 2025 11:36 AM
To: Ellis Raskin; Jesse Zwick; Natalya Zernitskaya; Dan Hall; Barry Snell; Caroline Torosis; Lana Negrete; Oliver Chi; councilmtgitems
Cc: Bruce Leddy
Subject: City Council Item 11.C. 9-9-25 - OPPOSE

EXTERNAL
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.

Mayor Negrete and City Council Members -
The Board of NOMA OPPOSES Item 11.C., the proposed redefinition of High-Rise Building Standards from 55 to 75 feet, and the allowance of single-stairwell design in residential projects up to six stories.

Has Council already forgotten that nearly the entire neighboring city of Pacific Palisades burned to the ground on January 7th this year? Areas of Santa Monica faced mandatory evacuations as fire raced to our doorstep and – were it not for a change of winds – we might have lost large parts of our city as well. IS THIS REALLY THE TIME TO REDUCE FIRE SAFETY IN OUR BUILDINGS?
Reducing stairwells increases the odds that people will not be able to safely evacuate in a fire or earthquake, particularly as we have an aging population. And to what end would we choose to reduce safe egress? So that developers can squeeze a few more dollars of profit on new buildings, while risking residents' lives? Additionally, the Staff Report justifies the increased high-rise definition in part by saying there are "planned enhancements" of FIre Department facilities, apparatus, equipment and personnel that will allow adequate response in buildings up to 75 feet. But these future improved capabilities are likely to take time to implement and will be costly. Our city is not in a position fiscally to add large expenditures (see, proposed resolution of "Current Fiscal Distress," Item 4.S.) so at the very least, this proposed redefinition of a "high-rise" should happen AFTER we have increased our capability to fight fires in taller buildings, not before. That's just common sense.

We strongly urge the Council to oppose this misguided item.

The Board of NOMA
smnoma.org
[email protected]
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 1002 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 1 David Yakobson
From: Nikima Newsome
Sent: Tuesday, September 9, 2025 8:21 AM
To: councilmtgitems
Subject: Fw: Please support parking reform and more housing in Santa Monica! Niki
Nikima S. Newsome
City Clerk
City of Santa Monica
(310)458-8211
From: [email protected] <[email protected]> on behalf of Scott Simmons <[email protected]>
Sent: Monday, September 8, 2025 10:34:52 PM
To: Nikima Newsome <[email protected]>
Subject: Please support parking reform and more housing in Santa Monica!

Under Santa Monica’s current building code requiring two stairways, almost all new multifamily housing must be built on large sites and include double-loaded corridors connecting the two stairways (hallways with apartments on both sides). This typology often necessitates assembling multiple parcels, and produces small units with limited access to air and light. Single-stair buildings, on the other hand, could easily be built on many more local parcels, and would produce larger family-sized units with cross-ventilation and quality shared open space. More and more cities in California and across the United States are taking steps to legalize single-stair buildings as a common-sense reform that unlocks the potential of small parcels and creates a product that is attractive to many families.

Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 1003 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 2 There is a growing movement around this revolution in building codes. The cities of New York, Seattle, and Honolulu already allow single-stair buildings, and Los Angeles is currently pursuing building-code amendments to do the same. I ask that you direct staff to act swiftly in drafting single-stair legislation, so that your City Council is able to adopt a final ordinance legalizing this housing typology by Tuesday, Sept. 30. This reform will help boost housing production by putting more parcels into play, revitalize commercial corridors, and create higher-quality housing options for families.

I urge you to support the motion and work to expedite this necessary reform.

Sincerely,
Scott Simmons
Santa Monica, CA 90403-2817
[email protected]
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 1004 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 3 David Yakobson
From: Nikima Newsome
Sent: Tuesday, September 9, 2025 8:22 AM
To: councilmtgitems
Subject: Fw: Please support parking reform and more housing in Santa Monica! Niki
Nikima S. Newsome
City Clerk
City of Santa Monica
(310)458-8211
From: [email protected] <[email protected]> on behalf of Emily Feder <[email protected]>
Sent: Monday, September 8, 2025 10:31:34 PM
To: Nikima Newsome <[email protected]>
Subject: Please support parking reform and more housing in Santa Monica!

Under Santa Monica’s current building code requiring two stairways, almost all new multifamily housing must be built on large sites and include double-loaded corridors connecting the two stairways (hallways with apartments on both sides). This typology often necessitates assembling multiple parcels, and produces small units with limited access to air and light. Single-stair buildings, on the other hand, could easily be built on many more local parcels, and would produce larger family-sized units with cross-ventilation and quality shared open space. More and more cities in California and across the United States are taking steps to legalize single-stair buildings as a common-sense reform that unlocks the potential of small parcels and creates a product that is attractive to many families.

Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 1005 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 4 There is a growing movement around this revolution in building codes. The cities of New York, Seattle, and Honolulu already allow single-stair buildings, and Los Angeles is currently pursuing building-code amendments to do the same. I ask that you direct staff to act swiftly in drafting single-stair legislation, so that your City Council is able to adopt a final ordinance legalizing this housing typology by Tuesday, Sept. 30. This reform will help boost housing production by putting more parcels into play, revitalize commercial corridors, and create higher-quality housing options for families.

I urge you to support the motion and work to expedite this necessary reform.

Sincerely,
Emily Feder
Santa Monica, CA 90403-3337
[email protected]
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 1006 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 5 David Yakobson
From: Nikima Newsome
Sent: Tuesday, September 9, 2025 8:23 AM
To: councilmtgitems
Subject: Fw: Please support parking reform and more housing in Santa Monica! Niki
Nikima S. Newsome
City Clerk
City of Santa Monica
(310)458-8211
From: [email protected] <[email protected]> on behalf of Emily McCrorie <[email protected]>
Sent: Monday, September 8, 2025 8:39:05 PM
To: Nikima Newsome <[email protected]>
Subject: Please support parking reform and more housing in Santa Monica!

EXTERNAL
Dear City Clerk Niki Newsome,
Please vote yes for single stair reform! I live in an old building in Ocean Park with 1 main staircase and I’ve never lived in an apartment building with so many friendly neighbors! My apartment is airy and light, both things that single stair buildings can provide more easily and cheaply than current buildings. To make our city more affordable, more dense, and friendlier to residents these are the types of policies we should support.

Sincerely,
Emily McCrorie
Santa Monica, CA 90405-3440
[email protected]
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 1007 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 6 David Yakobson
From: Nikima Newsome
Sent: Tuesday, September 9, 2025 8:23 AM
To: councilmtgitems
Subject: Fw: Please support parking reform and more housing in Santa Monica! Niki
Nikima S. Newsome
City Clerk
City of Santa Monica
(310)458-8211
From: [email protected] <[email protected]> on behalf of Colleen Obrien <[email protected]> Sent: Monday, September 8, 2025 6:36:15 PM
To: Nikima Newsome <[email protected]>
Subject: Please support parking reform and more housing in Santa Monica!

Under Santa Monica’s current building code requiring two stairways, almost all new multifamily housing must be built on large sites and include double-loaded corridors connecting the two stairways (hallways with apartments on both sides). This typology often necessitates assembling multiple parcels, and produces small units with limited access to air and light. Single-stair buildings, on the other hand, could easily be built on many more local parcels, and would produce larger family-sized units with cross-ventilation and quality shared open space. More and more cities in California and across the United States are taking steps to legalize single-stair buildings as a common-sense reform that unlocks the potential of small parcels and creates a product that is attractive to many families.

Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 1008 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 7 There is a growing movement around this revolution in building codes. The cities of New York, Seattle, and Honolulu already allow single-stair buildings, and Los Angeles is currently pursuing building-code amendments to do the same. I ask that you direct staff to act swiftly in drafting single-stair legislation, so that your City Council is able to adopt a final ordinance legalizing this housing typology by Tuesday, Sept. 30. This reform will help boost housing production by putting more parcels into play, revitalize commercial corridors, and create higher-quality housing options for families.

I urge you to support the motion and work to expedite this necessary reform.

Sincerely,
Colleen Obrien
Santa Monica, CA 90405-5843
[email protected]
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 1009 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 8 David Yakobson
From: Nikima Newsome
Sent: Tuesday, September 9, 2025 8:24 AM
To: councilmtgitems
Subject: Fw: Please support parking reform and more housing in Santa Monica! Niki
Nikima S. Newsome
City Clerk
City of Santa Monica
(310)458-8211
From: [email protected] <[email protected]> on behalf of Liliya Jones <[email protected]>
Sent: Monday, September 8, 2025 6:00:41 PM
To: Nikima Newsome <[email protected]>
Subject: Please support parking reform and more housing in Santa Monica!

Under Santa Monica’s current building code requiring two stairways, almost all new multifamily housing must be built on large sites and include double-loaded corridors connecting the two stairways (hallways with apartments on both sides). This typology often necessitates assembling multiple parcels, and produces small units with limited access to air and light. Single-stair buildings, on the other hand, could easily be built on many more local parcels, and would produce larger family-sized units with cross-ventilation and quality shared open space. More and more cities in California and across the United States are taking steps to legalize single-stair buildings as a common-sense reform that unlocks the potential of small parcels and creates a product that is attractive to many families.

Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 1010 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 9 There is a growing movement around this revolution in building codes. The cities of New York, Seattle, and Honolulu already allow single-stair buildings, and Los Angeles is currently pursuing building-code amendments to do the same. I ask that you direct staff to act swiftly in drafting single-stair legislation, so that your City Council is able to adopt a final ordinance legalizing this housing typology by Tuesday, Sept. 30. This reform will help boost housing production by putting more parcels into play, revitalize commercial corridors, and create higher-quality housing options for families.

I urge you to support the motion and work to expedite this necessary reform.

Sincerely,
Liliya Jones
Santa Monica, CA 90403-2646
[email protected]
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 1011 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 1 David Yakobson
From: Nikima Newsome
Sent: Tuesday, September 9, 2025 9:45 AM
To: councilmtgitems
Subject: Fw: Please support parking reform and more housing in Santa Monica! Follow Up Flag: Follow up
Flag Status: Flagged
Niki
Nikima S. Newsome
City Clerk
City of Santa Monica
(310)458-8211
From: [email protected] <[email protected]> on behalf of John Williams <[email protected]>
Sent: Tuesday, September 9, 2025 9:19:58 AM
To: Nikima Newsome <[email protected]>
Subject: Please support parking reform and more housing in Santa Monica!

Under Santa Monica’s current building code requiring two stairways, almost all new multifamily housing must be built on large sites and include double-loaded corridors connecting the two stairways (hallways with apartments on both sides). This typology often necessitates assembling multiple parcels, and produces small units with limited access to air and light. Single-stair buildings, on the other hand, could easily be built on many more local parcels, and would produce larger family-sized units with cross-ventilation and quality shared open space. More and more cities in California and across the United States are taking steps to legalize single-stair buildings as a common-sense reform that unlocks the potential of small parcels and creates a product that is attractive to many families.

11.C.b
Packet Pg. 1012 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 2 options for low- and middle-income families. Single-stair buildings use more of their floor plans for living space instead of hallways. This leads to lower building costs and greater affordability. In addition, single-stair buildings foster a more fine-grain pedestrian-oriented urban design with a greater number of smaller buildings.

I urge you to support the motion and work to expedite this necessary reform.

Sincerely,
John Williams
Santa Monica, CA 90402-2032
[email protected]
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 1013 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 1 David Yakobson
From: Sam Shapiro-Kline <[email protected]>
Sent: Wednesday, September 10, 2025 9:52 AM
To: Lana Negrete; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya; councilmtgitems; Caroline Torosis
Subject: Re: Appointment to Measure GS Resident Oversight Committee

EXTERNAL
Thank you very much for appointing me to the Measure GS Committee! I look forward to working with you all on addressing our local housing crisis.

Best,
Sam Shapiro-Kline
On Tue, Sep 9, 2025, 9:38 AM Sam Shapiro-Kline <[email protected]> wrote:

Hello Councilmembers,
Please consider my application for appointment to the Measure GS Resident Oversight Committee.

The city and Measure GS committee need committed residents who can scrutinize our policies and how funds can be spent in a way that maximizes their impact on keeping residents & community members housed. I bring the right combination of expertise in affordable housing finance & development law, creativity and curiosity to find and apply best practices from other jurisdictions, and urgency & bias to action to address our housing crisis.

I previously attended the August Measure GS Committee meeting and was quite shocked to hear that the city's Flexible Financial Assistance program, which was allocated $6M in GS funds, had not launched. I have brought this up with Oliver Chi as well as some of you, and continue to track whether progress has been made. This is the dedication and focus I will bring to the GS Oversight Committee.

Thanks,
Sam Shapiro-Kline
Application text below:

My experience as a housing advocate in Santa Monica and Los Angeles has equipped me with extensive knowledge of planning, zoning, and land use principles directly relevant to the GS oversight committee's work. Currently, I serve as chair of Abundant Housing Los Angeles’s State Policy Committee, where I lead members in analyzing and interpreting housing legislation. This leadership role requires me to identify ways to improve or resolve flaws in proposed bills, drawing on my understanding of housing policy and development processes to anticipate potential implementation issues. This experience has sharpened my ability to evaluate how policies affect real-world housing outcomes - directly applicable Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 1014 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 2 to oversight committee deliberations. Though my expertise in zoning, state law, and planning is selftaught rather than professionally acquired, I consider this background an asset. Having developed my knowledge outside traditional professional channels, I can effectively bridge communication gaps between affordable housing professionals and the general public. During my time on the Westside Community Plan Advisory Group, I witnessed firsthand how planning discussions were frequently delayed by the need to explain technical terminology to participants. The committee would benefit from members who can translate complex concepts into accessible language for community members.

Through ongoing personal research and monitoring of proposed projects in both Santa Monica and Los Angeles, I've maintained current knowledge of planning trends and development patterns. This continuous engagement with planning issues ensures I would bring informed perspectives to committee deliberations. I believe my combination of technical knowledge, leadership experience in housing policy, and ability to communicate complex housing finance and development concepts makes me well-qualified to serve on the Measure GS Resident Oversight Committee.

Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 1015 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 3 David Yakobson
From: Genise Schnitman <[email protected]>
Sent: Tuesday, September 9, 2025 12:01 PM
To: councilmtgitems; Council Mailbox; Caroline Torosis; Jesse Zwick; Lana Negrete; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Subject: Agenda Item: 11.C / Single-stair regulation

EXTERNAL
I write in enthusiastic support of Item 11-C, which would reform the outdated prohibition of single-stairway residential buildings up to six stories, a change that can enable the creation of housing with more flexible and varied layouts, including units more suited to families, and with better natural light and ventilation than are possible under current code. The existing requirement limiting multifamily residential projects to double-loaded corridor plans enforces needless constraints that result in identical units with windows only one side (except for corner units that might have cater-corner windows), and which tend, in order to make the project feasible, to generally include only a couple of bedrooms.

Single stair building plans, where they have been allowed, have proven they are safe — including with respect to fire — and cost-effective, as demonstrated in Austin, Seattle, New York, et alia. They make possible residential projects on smaller and oddly shaped parcels, and the more efficient and flexible layouts result in construction costs around 10% lower than double-loaded corridor typologies.

Santa Monica needs more affordable and attractive, human-scaled housing options and this is one highly effective means toward achieving that important end.

Sincerely,
Genise Schnitman
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 1016 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 4 David Yakobson
From: Connor Webb <[email protected]>
Sent: Tuesday, September 9, 2025 12:16 PM
To: Lana Negrete; Jesse Zwick; Dan Hall; Caroline Torosis; Barry Snell; Ellis Raskin; Natalya Zernitskaya; councilmtgitems
Subject: Item 11C - Support Single-Stairway Reform & High-Rise Definition Reform

EXTERNAL
Dear Council,
I strongly support the proposed updates to housing regulations, including adoption of the Alternate Materials and Methods Request (AMMR) for single-stairway multifamily buildings up to six stories, and aligning the city’s definition of high-rise with the State’s standard of 75 feet.

Single stair reforms are essential data-driven code changes that unlock housing forms that improve safety, livability, and sustainability in Santa Monica. By utilizing modern safety approaches like enhanced sprinkler systems, stairway pressurization, wider stairways, etc., the AMMR will maintain an equivalent level of fire safety while simultaneously permitting more affordable, feasible, and efficient housing construction.

A recent study by Pew Research Center found that in areas where mid-level single-stairway construction is already permitted, like Seattle and New York City, fire-related deaths are not higher in single-stairway buildings, and lack of a second stairway did not play a role in those fatalities. Single-stair buildings even had some advantages related to avoiding smoke spread in the horizontal corridors of dual stairway buildings. Importantly, the study found that construction costs of a second stairway are approximately 6-13% higher and consume additional floor area—making housing more expensive for buyers, renters, and developers—compared to single-stairway buildings.

It is difficult to summarize all of the architectural changes single-stair reform allows, but it includes smaller building footprints, family-sized units, more aesthetically pleasing facades, and improved ventilation and natural light for each unit.

By simultaneously aligning the high-rise definition with the State’s standards of 75 feet, we are recognizing the advances in firefighting tactics and building safety standards and materials. It helps to reduce unnecessary barriers to housing production, a major goal of this council.

However, I do encourage the council to engage staff about the feasibility of expanding the single-stair reform to seven stories or 75 feet, instead of the proposed six stories. This is well within common practice internationally, while allowing all mid-level buildings and potential future “Tier 1” sites under SB 79 to utilize the single stair change (such as a future D Line extension to DTSM that the city and WSSCOG have made a long-standing priority).

Whether at six or seven stories, this single-stair reform is key to improving the quality and quantity of housing production in Santa Monica, and ultimately improving the ability to retain key demographics in the city, like young families.

Sincerely,
Connor Webb
90404/Mid-City
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 1017 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 5 David Yakobson
From: Stephen Smith <[email protected]>
Sent: Tuesday, September 9, 2025 12:19 PM
To: councilmtgitems; Lana Negrete; Ellis Raskin; Dan Hall; Caroline Torosis; Natalya Zernitskaya; Barry Snell; Jesse Zwick
Subject: Agenda Item 11-C: support for single-stair AMMR bulletin/high-rise height limit revision Attachments: 250909, CfB letter to Santa Monica.pdf

EXTERNAL
Hello,
Please see my organization's letter of support attached for the AMMR bulletin related to single-exit buildings, and the code change to bring Santa Monica's high-rise definition in line with the state's. I am heartened by the recent attention to building code issues, and I hope there will be more focus to come.

Thanks,
--
Stephen Smith
Executive director, Center for Building
[email protected]
Cell: (484) 995-8479
Bluesky: @stephenjacobsmith.com
LinkedIn: https://www.linkedin.com/in/stephen-smith-5419756b/ Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 1018 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) Center for Building in North America
Brooklyn, NY
centerforbuilding.org
Stephen Smith
[email protected]
September 9, 2025
Letter in support of proposed code changes/bulletins in Santa Monica To whom it may concern,
I have taken the time to review a staff report and associated informational bulletin regarding taller single-exit apartment buildings in Santa Monica, as well as a separate change to the city’s building code definition of a high-rise building, both intended to improve the feasibility of construction in the city while maintaining a high level of life safety for such buildings. My organization is in support of both.

Single-exit apartment buildings
Santa Monica’s proposed bulletin laying out minimum conditions for designers to submit an Alternate Materials and Methods Request (AMMR) for single-exit multifamily buildings above three stories is a reasonable interim measure while the state studies the issue and proposals work their way through the national International Code Council’s code development process.

The AMMR bulletin’s separate conditions for four-story buildings on the one hand and five- and six-story buildings on the other recognizes the differing levels of risk based on height, applying more stringent standards to buildings of taller heights. Both sets of conditions roughly match conditions applied elsewhere, with positive results. The four-story conditions are slightly more restrictive than but roughly in line with the E24-24-SHAPIRO-MC1 proposal that will be considered by the International Code Council’s membership next year, which is itself based on language that has been present in the National Fire Protection Association’s model codes since 1991, and adopted statewide in Georgia and Vermont without issue. The five- and six-story conditions roughly match those of the Seattle Building Code, similarly adopted without issues in various forms dating back to 1977.

Because the policy change is coming in the form of an AMMR bulletin rather than a formal code change, officials should ensure that the 1 Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 1019 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) Center for Building in North America
Brooklyn, NY
centerforbuilding.org
Stephen Smith
[email protected]
process is as seamless as possible for applicants, to minimize the soft costs of compliance.

I would also encourage city officials to monitor submissions for taller single-exit apartment buildings and listen to feedback from designers, so that the city’s experience can be shared with the state fire marshal and International Code Council, to inform their efforts related to the same issue.

High-rise building code definition
The national model International Building Code (IBC) defines high-rise buildings as any “building with an occupied floor or occupied roof located more than 75 feet above the lowest level of fire department vehicle access,” while the California Building Code has a similar definition. This is an important threshold in the code, beyond which a number of expensive fire safety features are required. The commentary of the IBC writes that the definition is based on the maximum reach of typical ground-based firefighting apparatus (e.g., truck-mounted aerial ladders). Since Santa Monica has a well-funded and well-equipped fire department with apparatus typical of other dense, urban jurisdictions, bringing the city’s high-rise definition in line with that of the national mode and state codes is appropriate. The change will deliver significant cost savings for buildings of around six to eight stories (depending on ceiling heights), which are currently classified as high-rise buildings in Santa Monica but not elsewhere in the state.

Santa Monica’s attempts to streamline its building code are commendable, and a model for other jurisdictions in the state.

Thank you,
Stephen Smith
Executive director
2 Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 1020 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) 6 David Yakobson
From: Alison Warner <[email protected]>
Sent: Tuesday, September 9, 2025 4:14 PM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Cc: councilmtgitems; Jing Yeo; Oliver Chi; Paula Larmore; Joe Fahey Subject: Item 11.C Support for Code Updates to Reduce the Cost of Building Multifamily Housing

EXTERNAL
Dear Councilmembers,
I am writing on behalf of SanMon Inc, the owner of 2601 Lincoln Boulevard, in support of Agenda Item 11.C.

We agree with City StaƯ’s recommendations to reduce the cost of constructing housing by both (a) aligning the City’s definition of “High-Rise Building” to be consistent with the definition in State Law and (b) establishing an updated Alternate Materials and Methods Request (AMMR) for construction of single-stairwell multifamily unit residential buildings up to six-stories.

The current economic and regulatory environment in Santa Monica makes it extremely diƯicult to move forward with redevelopment of commercial properties with new multi-family housing projects. City StaƯ’s recommendation to align the City’s “High-Rise Building” definition to be consistent with State Law would substantially reduce construction costs. Construction costs could be further reduced with approval of an updated AMMR for construction of single-stairwell multifamily unit residential buildings up to six-stories. Both updates would help make development projects more economically feasible.

We appreciate the City Council providing the direction on both of these items in March 2025 and urge the Council to both (a) direct StaƯ to bring back the “High-Rise Building” definition alignment no later than September/early October 2025 and (b) authorize StaƯ to implement an Alternate Materials and Methods Request (AMMR) process for single-exit stairway multi-family residential buildings of up to six stories.

Thank you,
Alison Warner
(o) 310 496 4145 | (c) 310 903 9857 | [email protected] 11611 San Vicente Blvd, Suite 900, Los Angeles, CA 90049 www.balboaretail.com
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.b
Packet Pg. 1021 Attachment: Written Comments [Revision 1] (7286 : High Rise and Single Stairway) High-Rise & Single Stairway Ordinance Updates
Santa Monica City Council
September 9, 2025
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.c
Packet Pg. 1022 Attachment: PowerPoint Presentation (7286 : High Rise and Single Stairway) 2 Background
In March 2025, staff was asked to assess the viability of the following policy matters:
• High-Rise Building Definition: Aligning Santa Monica’s definition with the State Standard.
• Single-Stairway Buildings: Establishing a clear process for constructing multi-family residential buildings of up to six stories with a single exit.

Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.c
Packet Pg. 1023 Attachment: PowerPoint Presentation (7286 : High Rise and Single Stairway) 3 High-Rise Definition
Background &
Justification
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.c
Packet Pg. 1024 Attachment: PowerPoint Presentation (7286 : High Rise and Single Stairway) 4 High-Rise Definition – Background & Justification
Current vs. Proposed Definition
• Current local: >55 ft
• Proposed: >75 ft (HSC §13210 (b))
o To establish a high-rise definition as those buildings greater than 75-feet would align with the California Building Code (Section 403)
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.c
Packet Pg. 1025 Attachment: PowerPoint Presentation (7286 : High Rise and Single Stairway) 5 High-Rise Definition – Background & Justification
Staff has assessed that a transition to a high-rise definition aligned with the State standard is both reasonable and justified • Modern Fire Department capacity
• Planned SMFD enhancements
• Advanced building life-safety systems
• Consistency with State Code
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.c
Packet Pg. 1026 Attachment: PowerPoint Presentation (7286 : High Rise and Single Stairway) 6 Single Stairway
Provisions
AMMR Approach
for R-2
Occupancies
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.c
Packet Pg. 1027 Attachment: PowerPoint Presentation (7286 : High Rise and Single Stairway) 7 Single Stairway Provisions– AMMR Approach for R-2 Occupancies Current Code Background
• CBC 1006.3.4: Limits to 3 stories with no occupied roofs allowed • CBC 104.2.3: Alternate Materials & Methods Request (AMMR) process allows equivalency-based alternates
• Evaluated on a case-by-case basis
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.c
Packet Pg. 1028 Attachment: PowerPoint Presentation (7286 : High Rise and Single Stairway) 8 Single Stairway Provisions– AMMR Approach for R-2 Occupancies Overview of AMMR Framework
• Applies to R-2, 4-6 story buildings
• Requires licensed architect
• Joint review by Building & Fire
• Evaluated for life-safety equivalence
• Proposed AMMR requirements would institute enhanced building & fire safety systems to ensure structures meet life / safety standards Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.c
Packet Pg. 1029 Attachment: PowerPoint Presentation (7286 : High Rise and Single Stairway) 9 Single Stairway Provisions– AMMR Approach for R-2 Occupancies 4- Story AMMR Projects
• NFPA 13 sprinklers
• Max 4 units/floor; 4,000 sq ft/story
• 35 ft max unit entrance-to-stair travel
• 44” minimum stair width
• Bedroom emergency escape / rescue
openings
• Direct exit to street or 20’ alley
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.c
Packet Pg. 1030 Attachment: PowerPoint Presentation (7286 : High Rise and Single Stairway) 10 Single Stairway Provisions– AMMR Approach for R-2 Occupancies 5-6 Story AMMR Projects
• Pressurized stair
• 20 ft max unit entrance-to-stair travel
• 48” minimum stair width
• No occupied roofs above the highest
floor permitted
• Peer review required
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.c
Packet Pg. 1031 Attachment: PowerPoint Presentation (7286 : High Rise and Single Stairway) 11 Single Stairway Provisions– AMMR Approach for R-2 Occupancies AMMR Review Process
• Reviewed jointly by staff
• Evaluated for safety equivalency
• Will evolve with future State code updates (e.g., AB835) • Identified as being a reasonable and justifiable policy adjustment by staff Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.c
Packet Pg. 1032 Attachment: PowerPoint Presentation (7286 : High Rise and Single Stairway) 12 Implementation &
Impacts
Recommended
Actions
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.c
Packet Pg. 1033 Attachment: PowerPoint Presentation (7286 : High Rise and Single Stairway) 13 Implementation & Impacts– Next Steps & Review
Implementation Plan
• High-rise definition updated September 30 while adopting new code • Information Bulletin released to development community • Ongoing monitoring of OSFM & CBC changes
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.c
Packet Pg. 1034 Attachment: PowerPoint Presentation (7286 : High Rise and Single Stairway) 14 Implementation & Impacts– Next Steps & Review
Impacts
• No immediate fiscal impacts
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.c
Packet Pg. 1035 Attachment: PowerPoint Presentation (7286 : High Rise and Single Stairway) 15 Implementation & Impacts– Recommended Actions
Recommended Actions:
• Direct that as part of the City’s next regular building and fire code update process, staff align the high-rise definition to be consistent with the Statewide high-rise definition.
• Authorize staff to implement an updated Alternate Materials and Methods Request (AMMR) process for single-exit stairway multi-family residential buildings of up to six stories in height pursuant to the Information Bulletin. • Questions?
Item 11-C
September 9, 2025
Item 11-C
September 9, 2025

11.C.c
Packet Pg. 1036 Attachment: PowerPoint Presentation (7286 : High Rise and Single Stairway) City Council
Report
City Council Meeting: September 9, 2025
Agenda Item: 12.A
1 of 30
To: Mayor and City Council
From: Arminé Chaparyan, Director, Administration
Subject: Introduction and First Reading of an Ordinance Amending Article 6 of the Santa Monica Municipal Code to Establish a Permitting Process and Operational Conditions for Commercial Cannabis Uses; Introduction and First Reading of an Ordinance Amending Article 9 of the Santa Monica Municipal Code to Authorize Commercial Cannabis Uses within Certain Zoning Districts; Authorization for City Manager to Execute All Necessary Associated Documents to Accept the Cannabis Equity Assessment; Adoption of a Resolution Establishing a Cannabis Equity Program; and Adoption of a Fee Resolution Establishing a Non-City-Based Cannabis Delivery Permit Fee and Cannabis Retailer Permit Fees
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Adopt the attached Ordinance amending the text of Article 6 of the Municipal Code to establish a permitting process and operational conditions for commercial cannabis uses.

3. Adopt the attached Ordinance amending the text of Article 9 of the Municipal Code to authorize commercial cannabis uses within certain zoning districts.

4. Authorize the City Manager to execute all necessary documents to accept the Cannabis Equity Assessment.

5. Adopt the attached Resolution establishing a cannabis equity program.

6. Adopt the attached Resolution establishing Cannabis Retailer Permit fees and a Non-City-Based Cannabis Delivery Permit fee.

Summary
On June 13, 2023, City Council held a study session on adult-use cannabis and directed staff to prepare an ordinance to allow adult-use cannabis businesses of all types within the City, to follow State guidelines for locating adult-use cannabis

12.A
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businesses and directed a preference that adult-use cannabis not be required to go through a discretionary permit process. As part of that overall direction, Council also directed the creation of a social equity component in the adult-use cannabis program to help ensure that communities most impacted by federal and state cannabis enforcement are provided an opportunity to benefit from the cannabis industry.

After the June 2023 study session, staff initiated work on drafting the amendments to the Zoning Ordinance and prepared a cannabis equity assessment to help inform a potential cannabis equity program. In addition, Council adopted an Interim Zoning Ordinance to permit the two existing Medicinal Cannabis Retailers that received permits to sell adult-use cannabis or adult-use cannabis products to persons 21 years of age and over.

This report outlines the proposed changes to the Zoning Ordinance to allow cannabis retailer uses in the City’s non-residential districts and location requirements for cannabis retailers within the allowable zoning districts. It also outlines the proposed changes to Article 6 of the Santa Monica Municipal Code to provide definitions, operating requirements and conditions, permitting regulations and fees, and other regulatory standards. In addition, a summary of the cannabis equity assessment is presented along with a proposed cannabis equity program consistent with prior Council direction for a “standard equity” program that would be administrative and rely on existing staff considering available resources, time, and desired outcomes The cannabis program presented for Council consideration is responsive to Council’s prior direction to incorporate social equity into a new adult use cannabis program. Staff also obtained a cannabis equity grant from the Governor’s Office of Business and Economic Development State of California (GO-Biz) to offset staff time for preparation of the equity program. A condition of the grant is Council’s adoption of the equity program, which would provide benefits to qualified equity applicants – largely in the form of zoning relief and priority processing.

In the course of developing this new program, staff also received feedback from the

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Planning Commission expressing interest in supporting equity applicants to participate or open a business in any industry, not just cannabis. Further, the City is limited in both budget and staff resources to administer the cannabis program, and there are also relatively fewer opportunities in the cannabis industry compared to several years ago.

As a result, staff has also developed other options for future consideration that could be designed as regulations or incentives to augment the core equity program including cannabis retailers in Santa Monica carrying products manufactured by equity applicants certified by the State of California or employing best practices to hiring people impacted by past criminalization of cannabis. Taxes generated from cannabis businesses can also be reinvested into entrepreneurship programs to support equity applicants. These will be subject to future budget decisions by the City Council.

Discussion
The City of Santa Monica first adopted regulations for medical marijuana (medicinal cannabis) in June 2015 as a part of the City’s comprehensive Zoning Ordinance update (Article 9 of the Santa Monica Municipal Code) which enabled up to two medicinal cannabis retailers within the City subject to a regulatory permit and selection process.

All other cannabis-related uses were prohibited. The dispensaries were allowed only along limited sections of Wilshire Boulevard and Santa Monica Boulevard within the Mixed-Use Boulevard Low (MUBL), Mixed-Use Boulevard (MUB) or General Commercial (GC) zones subject to a Conditional Use Permit.

On March 7, 2017, the City Council directed staff to prohibit adult-use commercial cannabis activities within the city, to draft an ordinance creating a regulatory permit and selection process for medicinal cannabis retailers, to amend the City’s Municipal Code to address changes in State law, and to consider options for allowing non-volatile medicinal cannabis light manufacturing uses. On October 24, 2017, the City Council adopted an Interim Zoning Ordinance (IZO) and adopted a separate ordinance adding Chapters to Article 6, Business, Professions, and Trades, which established general regulations and definitions for commercial cannabis activities, including a regulatory permit process for medicinal cannabis retailers and light (non-volatile) manufacturing, and making other changes as needed to conform with State law. The ordinances

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prohibited all adult-use commercial cannabis activities including retail, cultivation, testing, distribution, and manufacturing. The IZO subsequently expired, but the additions to Article 6 remained in place. After a prolonged selection process, two medicinal cannabis retailers were selected. The two retailers, located at 925 Wilshire Boulevard and 1418 Wilshire Boulevard, began operations recently.

On November 8, 2022, Measure HMP was approved by the voters by a margin of 66% to 34% to impose a tax on all commercial cannabis activities at initial rates of 3% of gross receipts for adult-use cannabis retailers, 2% for medicinal cannabis retailers and 1% on other cannabis business types. These rates could be increased up to 10% of gross receipts at the discretion of the City Council.

On June 13, 2023, City Council held a study session on adult-use cannabis and directed staff to prepare an ordinance to allow adult-use cannabis businesses of all types within the City, to follow State guidelines for locating adult-use cannabis businesses and directed a preference that adult-use cannabis not be required to go through a discretionary permit process. As part of that overall direction, Council also directed the creation of a process to allow two existing medicinal cannabis retailers to sell adult-use cannabis and the creation of a social equity component to help ensure that communities most impacted by federal and state cannabis enforcement are provided an opportunity to benefit from the cannabis industry.

On November 14, 2023, pursuant to prior Council direction, Council adopted Interim Ordinance Number 2764 (CCS) (IZO 2764) which adopted interim zoning regulations to permit the City’s two existing Medicinal Cannabis Retailers to sell adult-use cannabis or adult-use cannabis products to persons 21 years of age and over. On December 19, 2023, Council adopted Interim Ordinance Number 2770 (CCS) (IZO 2770) which extended the interim zoning regulations until February 12, 2026. On December 17, 2024, Council extended Interim Ordinance 2764 to expand the operating hours to 8am to 10pm for the two existing cannabis retailers.

On April 23, 2024, the City Council held another study session to provide direction on

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the level and complexity of a cannabis equity program. Council also discussed options and provided direction on location restrictions for the adult-use cannabis ordinance. The following summarizes their discussion and direction on key policy questions:

1. Should the City develop a standard equity option or an enhanced equity option? • Council direction: Pursue a standard equity program that would prioritize individuals who qualify for the equity program and not require additional staffing.

2. Should there be an additional buffer around specific sensitive uses in the City? • Council direction: Approve 600-foot buffer between sensitive site uses as established by State guidelines.

3. For distances between operators, would Council prefer a small (300’), medium (600’), or large (900’) buffer?
• Council direction: Approve 300-foot buffer between facilities.

4. In addition to a distance between operators, should there be an additional restriction that states that in no case should there be more than one cannabis business per block?
• Council direction: Only one location per city block.

Cannabis Social Equity
Cannabis social equity recognizes the long-term negative impacts of cannabis criminalization on minority communities and provides equitable opportunities to enter the regulated cannabis industry. The spectrum of equitable cannabis policy may include simple measures such as fee waivers to more ambitious efforts of a comprehensive program development. Whatever form it takes, the objective of social equity is to make a positive impact on those that have been the most disproportionately affected by cannabis criminalization.

During the April 23, 2024, Council study session, staff presented two framework options for the Council’s consideration. The options were informed by staff’s comparative analysis of existing equity programs and lessons learned. A “standard equity” option would be administrative, rely on existing staff, and take approximately one year to develop. It could include standard practices such as fee waivers and expedited

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application review. An “enhanced equity” option would include tailored components developed from the equity assessment findings and take approximately two years to develop with dedicated staff. Council directed staff to develop a standard equity program that could include areas such as community reinvestment, support for direct technical assistance to businesses, and substance abuse prevention programs.

Allocation of funds would ultimately be a future Council budget decision.

Details of the cannabis equity assessment and proposed cannabis equity program are provided later in this report.

Proposed Article 9 Text Amendments
The proposed Zoning Ordinance text amendments would accomplish the following:
• Allow Cannabis Retailers, which may sell both adult-use and medicinal cannabis and cannabis products, as a permitted use in the City’s non-residential districts; • Establish location requirements for cannabis retailers within the allowable zoning districts; and
• Define a Cannabis Retailer use.

The proposed text amendments would initially only allow cannabis retail sales with other cannabis-related uses, such as consumption lounges, to potentially follow in phases through subsequent text amendments based on the performance of the retail uses, demand for other cannabis uses, industry trends, and other factors. Besides the location requirements, the Zoning Ordinance text amendments would reference definitions, operating requirements and conditions, and other regulatory standards in various sections of SMMC Article 6 where these types of regulations and conditions are typically located.

As detailed in the amendments included in the Ordinance (Attachment B), the proposed text amendments include adding Cannabis Retailers as permitted uses under the Retail Sales land use classification in the land use tables of the City’s non-residential zoning districts as previously directed by Council. These districts include the following:

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• Downtown Districts
• Mixed-Use and Commercial Districts
• Bergamot Districts
• Employment Districts
• Oceanfront District
Within the Mixed-Use and Commercial Districts, an amendment is also proposed to add cannabis retailers to the list of uses that are required to meet the active use requirements of SMMC Section 9.11.030.

The existing Medicinal Cannabis Retailers section of the Zoning Ordinance found in SMMC Section 9.31.185 would be removed and replaced with a new Cannabis Retailers section in SMMC Section 9.31.095. The new section would primarily reference definitions, operating requirements and conditions, and other regulatory standards in various sections of SMMC Article 6 where these types of regulations and conditions are more appropriately located.

The new section would also provide location requirements for Cannabis Retailers consistent with prior Council direction and existing State regulations. While a strict cap on the number of cannabis uses is not proposed as part of the text amendments consistent with prior Council direction, the location requirements would ultimately limit the overall number of potential cannabis uses within the city. These location requirements would prohibit cannabis uses within 600 feet from schools, youth centers in existence at the time a complete commercial cannabis business permit application is submitted, and day care centers licensed by the State Department of Social Services in existence at the time a complete commercial cannabis business permit application is submitted. Cannabis uses would also be prohibited within 300 feet of another cannabis use and on the same block as another cannabis use.

However, as staff has further examined the potential procedures for implementing a minimum distance requirement between cannabis uses, a number of issues have arisen

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that could create uncertainty for cannabis retailer applicants and staff as well as potentially delay the program and open the City to litigation risk. The timing of a cannabis retailer permit application submittal and payment of the application fee could signify when a particular location for a cannabis retailer is secured and a 300-foot buffer is established. The City’s Business License division with the Finance Department is envisioned to process these applications. Regulatory permit applications handled by the Business License division are typically submitted through a variety of ways including online, in person, and by mail. Given that the order of permit application submittals received would be critical to establishing the locations and subsequent buffers around cannabis retailers, these various methods of submitting permit applications could lead to uncertainty in determining the order of applications received. For valid applications received for eligible locations, questions have arisen as to the time period the applications should remain valid before other applicants could proceed with their permit applications for locations within the 300-foot buffer or on the same block. The ability of the City’s current software to track these potential varying time periods and deadlines is also uncertain. In order to provide more certainty for cannabis retailer applicants and to minimize risk of potential confusion, delays, and litigation, Council may wish to consider removing the prohibition of cannabis uses being located within 300 feet of another cannabis use or on the same block as another cannabis use.

The land use classification for Cannabis Retailer would also be amended in SMMC Section 9.51.030(B) to encompass adult-use cannabis and adult-use cannabis products in general as well as medicinal cannabis and medicinal cannabis products to state:

Cannabis Retailer. A licensed premises which is a physical location from which retail cannabis or cannabis products are intended to be sold. The premises may be closed to the public; sales may be made exclusively by delivery. Subject to the provisions of SMMC Section 9.31.095, cannabis retailers that are licensed and regulated by Business and Professions Code Section 26000 et seq and as amended from time to time shall be permitted to deliver or sell adult-use cannabis or adult-use cannabis products to persons 21 years of age and over or medicinal cannabis or cannabis products to persons 18 years of age and over with a physician’s recommendation.

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Planning Commission Recommendation
On June 4, 2025, the Planning Commission adopted a Resolution recommending that the City Council amend the text of the Zoning Ordinance to authorize Cannabis Retailers, which may sell both adult-use and medicinal cannabis and cannabis products, within certain zoning districts. With regards to the cannabis equity program, the Commission expressed a desire for Council to consider a broader equity program and elements that would also benefit non-cannabis related local businesses and budding entrepreneurs and not just those seeking to enter the cannabis industry. The Commission also expressed that a cannabis equity program, while striving to be inclusive and expansive, should not result in processes and barriers that delay the commencement of the adult-use cannabis program and opening of businesses.

Zoning Text Amendment 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 cannabis retailers are an active, pedestrian-oriented use that is appropriate in non-residential zoning districts supporting the goal of the General Plan Land Use and Circulation Element (LUCE) to create complete neighborhoods with amenities that serve residents, workers, and visitors in the area.

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 create the opportunity for an enhanced retail land use with location and operating requirements that ensure compatibility with surrounding uses while maintaining appropriate health and safety measures.

Proposed Article 6 Text Amendments
Definitions, operating requirements and conditions, references to administrative regulations, and other regulatory standards related to medicinal cannabis are currently provided in various sections of SMMC Article 6 - Business, Professions, and Trades.

The proposed revisions to Article 6 Chapter 6.200 (Attachment C) related to cannabis

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address streamlining the application process by providing clarity for permit approval for both cannabis retail and delivery operations. Furthermore, the ordinance will be updated to ensure consistency in definitions and terminology, eliminate provisions no longer deemed applicable, and align internal code section references for improved accuracy and ease of interpretation. Most of the proposed regulations in Article 6 are also intended to align with existing State cannabis regulations. The primary proposed changes are outlined below:
• Application and Permit Process: Eliminate the Cannabis Permit application selection process including the Request for Application process, the evaluation and selection committee, and the maximum of two permits. • Addition of the Cannabis Delivery Permit: New operational requirements for Non-City-Based Cannabis Delivery Retailers are proposed which include the requirement of a State license, proof of compliance and licensure in the city the retail store is located and vehicle and insurance requirements. • Restrictions on Transfers, Change or Alterations: Specifies that the permits are generally not transferable except as outlined and certain changes must be reported to the City for review.
• Annual Renewal and Compliance: Reiterates that the permits are issued in conjunction with the business license certificate and annual renewal is required for retailers and non-city-based cannabis deliveries.
• City Oversight and Enforcement: Clarifies the City’s ability to conduct regular inspections which are aimed to ensure that retailers are adhering to the applicable regulations intended to protect the community. • Indemnification Agreement: Similar to other regulatory permits, these agreements are intended to minimize the City’s financial exposure to claims, losses and damages.
• Elimination of Chapters 6.201 - 6.203: Chapters 6.201, 6.202, and 6.203 are being deleted because these chapters will be largely unnecessary or duplicative following the proposed adoption of Chapter 6.200, as amended. • Chapter 6.201 was specific to Medicinal Cannabis Retailers and the proposed Chapter 6.200 now addresses both Medicinal and Non-medicinal cannabis

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operations in one comprehensive chapter.
• Chapter 6.202, which permitted Medicinal Cannabis Light Manufacturing, is being deleted because the Interim Zoning Ordinance that permitted light cannabis manufacturing is no longer in effect.
• Chapter 6.203 prohibited commercial nonmedicinal cannabis uses except for the two medical cannabis retailers permitted prior to October 10, 2023. The adoption of Chapter 6.200, as amended, would make Chapter 6.203 unnecessary.

Retailer Permitting Process
The Cannabis application submittal process would be similar to other business operations with regulatory permit requirements with the addition of a pre-application submittal phase (Phase I) as depicted in the flow chart below. Phase I would be necessary as a preliminary step due to the proposed cannabis retailer location prohibition of not being located within 300 feet and not on the same block as another cannabis business. In order to map and track the locations of potential cannabis retailers, applicants would need to submit a pre-application which would include the business license tax application form, the zoning review form, and the payment of the zoning conformance review fee. If the location is compliant with the 300-foot buffer requirement, the applicant would be notified that their location has been accepted, and the 300-foot buffer would then be established and prevent any other applications within that buffer to be processed. Staff is proposing that applicants be allowed up to six months to complete Phase I.

Phase II would include the remaining application submission requirements for the business license and Retail Cannabis permit. This includes the Cannabis Retailer license and copies of the applicable policies and procedures as required by the Department of Cannabis Control, the sellers permit issued by the CDTFA, insurance and indemnification requirements, the Industrial Waste Water application, and payment of the remaining tax and fees. The application process would not be linear, and the applicable City staff reviews would be completed as the documents are submitted.

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Phase III would involve the City’s internal review process to ensure compliance with the proposed ordinance. Staff recommends that applicants be given a maximum of two years to complete both Phase II and III of the process. This would allow the applicant to complete any potential improvements, receive all necessary permits, and complete all necessary inspections. After all of the requirements have been met and the applicable City department reviews have been completed and approved, the business license certificate, the cannabis permit, and any additional conditions would be issued. The flow chart below illustrates this proposed cannabis retailer application process.

Phase III would involve the City’s internal review process to ensure compliance with the

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proposed ordinance. Staff recommends that applicants be given a maximum of two years to complete both Phase II and III of the process. This would allow the applicant to complete any potential improvements, receive all necessary permits, and complete all necessary inspections. After all of the requirements have been met and the applicable City department reviews have been completed and approved, the business license certificate, the cannabis permit, and any additional conditions would be issued. The flow chart below illustrates this proposed cannabis retailer application process.

Cannabis application process if a buffer is required between cannabis uses

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Should Council choose not to require the 300-foot buffer between cannabis uses and limitation of one cannabis use per block, the pre-application phase (Phase I) would not be required as illustrated below.

Cannabis application process if a buffer is not required between cannabis uses.

Cannabis Permit Fees
Cannabis Retailer Permit fees are not uniform and vary significantly based on the requirements set by the local permitting agency. The Cannabis Retailer Permit fees in California vary from $2,600 to as high as $51,000 with some jurisdictions requiring multiple payments throughout the application process. The City’s current Cannabis Retailer Permit fee is based on the cost associated with City staff’s time which includes the time to process the permit application, the cost of four Code Enforcement inspections, and the cost of City Attorney review time. The applicant would also be required to pay fees including the existing Cannabis Retailer Permit fee and a minimal

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fee for out-of-city delivery operations. Staff recommends that Council defer in raising these fees until the adult-use Cannabis Permit Program is fully operational. This delay would allow for a more comprehensive understanding of the time required to process cannabis permit applications and enable the establishment of fees based on a more informed assessment of associated costs to streamline the entry into compliant operations.

Cannabis Retailers would be required to pay the City the following fees and taxes (these do not include fees related to construction or tenant improvements):

Cannabis Retailer
Permit/Tax Fee
Cannabis Retailer Permit* $1,991.84
Cannabis Tax 2% Medicinal Cannabis Retailers 4% Adult
Use Retailers
State Mandated Fee CASp $4.00
Business License Planning Review
Fee
$109.23
Business License Processing Fee $40.00
*The Cannabis Retailer Permit fee for new applicants will vary depending on the quarter in which they commence operations.

Non-City-Based Cannabis Delivery Retailer
Permit/Tax Fee
Cannabis Delivery Retailer Permit $65.74
Cannabis Tax 2% Medicinal Cannabis Retailers 4% Adult
Use Retailers
State Mandated Fee CASp $4.00
Business License Processing Fee $40.00

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A proposed resolution establishing a Non-City-Based Cannabis Delivery Permit and renaming certain existing medicinal cannabis retailers fees as cannabis retailer permit fees is attached as Attachment D.

Cannabis Equity Assessment
On January 19, 2024, the City was awarded a $40,000 grant from the Governor’s Office of Business and Economic Development (GO-Biz) to conduct an equity assessment.

With those grant funds, the City contracted with SCI Consulting Group to conduct the analysis and to prepare the assessment. The assessment is attached to this report as Attachment E.

The equity assessment walks through data analysis that ultimately identifies which populations and communities within the City have been most disproportionately impacted by the War on Drugs; an overview of cannabis-related businesses and activities; barriers to entry; summary of community outreach conducted and the feedback provided; best practices from other California cities; findings formed at the intersections of all of the research and analysis; and recommendations for Santa Monica’s equity program. The City’s DEI team has reviewed the proposed equity program and is willing to assist in marketing and implementation should the program be adopted by Council.

Process
The purpose of this equity assessment is to establish a foundation with data-driven analysis to document the impact of cannabis criminalization in Santa Monica and the systemic barriers that have prevented affected communities and individuals from accessing opportunities within the legal cannabis industry. With the equity assessment, the City was able to develop an informed cannabis equity program to give charge to implementing the findings and recommendations in the assessment.

Outreach
To better understand the felt impacts of cannabis convictions, an array of opportunities including an online survey, community workshops, stakeholder interviews, and

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community-led discussions, were provided to hear directly from the community and those impacted directly by cannabis convictions. Outreach efforts yielded key themes of significant financial, regulatory, and societal barriers that inhibit the entry and success of those impacted in the legal cannabis industry and emphasized the need for a cannabis equity program.

Throughout the outreach phase of this assessment, community members shared recommendations for a future equity program that are incorporated into the potential program options and Santa Monica recommendations section of this report. To highlight a few, participants recommended investing in outreach and education campaigns focused on licensing, record expungement, and financial empowerment; support services (e.g. business training, legal assistance, grants or low-interest loans); and reinvestment of cannabis tax revenue back into impacted communities. Participants requested ongoing community engagement and transparency in program development and designing a program that centers around the voices of and empowers those directly harmed by cannabis prohibition.

All opportunities to provide insight and feedback were provided in both English and Spanish. A more detailed summary of the outreach opportunities is provided in the assessment.

Findings
The findings support the conclusion that historically cannabis prohibition has not been enforced uniformly across the City but has instead been found to burden areas that show clear signs of socio-economic disadvantage, particularly the census tracts that encompass the Pico neighborhood. In addition to Santa Monica’s specific data community feedback, best practices from peer cities provide context to inform the following eleven (11) findings:

1. Unrestricted Permitting and Licensing May Have Consequences Other jurisdictions have shown the risks associated with rapid unstructured cannabis market expansion. Allowing unrestricted adult-use cannabis licensing

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can often lead to market oversaturation, dominance by large corporations, and the displacement of small operators rooted in the community. This is most hard hitting to equity applicants who lack the resources to compete and have a high risk of being pushed out of the marketplace without protective measures and intentional policy design.

2. Program Eligibility Criteria Should Prioritize Those Most Harmed by Cannabis Enforcement
An effective equity program must prioritize those most impacted by historical cannabis criminalization, which includes individuals with past cannabis-related convictions or arrests, with low income, and those living in communities disproportionately targeted by enforcement. Considerations for Santa Monica’s equity program should include:
• Documented cannabis arrest or conviction (self or immediate family). • Household income below 80% of Area Median Income (AMI). • Residency in a disproportionately impacted area or in the City. • Ownership and control of the applying business.
• Tiered eligibility to support varying levels of need.

3. Application and Permitting Processes Present Barriers to Entry Complex and costly application processes can exclude those that may be eligible including equity applicants due to high permit fees, extensive documentation requirements, and lengthy timelines that favor well-capitalized applications. A streamlined and simple process will help reduce barriers to entry and encourage greater participation in the equity program.

4. Systemic Barriers Limit Access to the Regulated Marketplace Equity applicants face systemic challenges, including lack of start-up capital, limited access to legal and technical assistance, and lingering consequences of cannabis convictions or arrests. These barriers must be actively addressed through financial and technical assistance and targeted interventions.

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5. Equity Applicants are Vulnerable to Exploitative Partnerships Many equity applicants have limited business experience and few financial resources, making them vulnerable to exploitative arrangements. Strong safeguards and vetting procedures are needed so that equity applicants can’t be used to meet program requirements while holding no real power or long-term stake in their business, diluting the intent of the equity program.

6. Stakeholder Engagement and Education are Crucial to Program Success Public outreach and education are essential for fostering program participation and reducing stigma associated with the cannabis industry. Proactive communication strategies are needed to build trust in government processes, particularly in historically over-policed communities, and to foster a more inclusive local cannabis economy.

7. Past Convictions Have Long-Term Consequences
Many individuals continue to experience the consequences of cannabis-related convictions, including barriers to employment, housing, and financial aid.

Statewide reforms, such as AB 1793 (Bonta, 2018) have mandated automatic record sealing for eligible convictions, however, implementation gaps remain an issue. The City should explore ways to partner with legal aid providers, the District Attorney’s Office, and community groups to assist individuals with finding resources and access to expungement services.

8. Lack of Workforce Development Limits Equitable Participation Many disproportionately impacted individuals lack access to industry-specific training programs that could prepare them to enter the legal cannabis market.

This shortage of educational and workforce development opportunities limits their ability to be successful. Expanding access to vocational training, mentorship, and apprenticeship programs is key to building a sustainable equity-centered cannabis workforce.

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9. Sustainable Program Funding is Critical to Success and Long-Term Effectiveness of the Program
Long-term implementation and success of a cannabis equity program depends on sustained investment. Cities across California have struggled to operate equity programs due to inconsistent funding and inadequate staffing. Without sufficient resources, support services cannot be delivered at the scale needed to maintain an impactful equity program. The City should explore diverse funding streams including cannabis tax revenues, state grants, and philanthropic partnerships to ensure the program’s viability.

10.Community Reinvestment is Key to Providing Communitywide Equity Program Benefits
Cannabis legalization presents a unique opportunity to reinvestment in communities harmed by prohibition. Dedicating a portion of cannabis tax revenues to community-driven initiatives, such as youth programs and job training, can begin to repair the harms of past enforcement while fostering economic resilience. Reinvestment strategies should be guided by input from impacted communities and aligned with broader equity goals.

11.Ongoing Data Collection and Program Evaluation are Essential to Program Success
Effective implementation of an equity program requires robust data collection and evaluation to monitor key performance indications (e.g. licensing outcomes, ownership patterns, service utilization, etc.) to track progress, identify gaps, and make informed adjustments to the program. Transparency and accountability are essential to maintaining community trust and ensuring that the program evolves to meet changing needs.

Potential Program Elements and Recommendations for Equity Program In reviewing best practices from equity programs of other California cities, analysis of Santa Monica’s most impacted communities, and community voices, a menu of all potential program elements that could be included in Santa Monica’s equity program to

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address the findings noted above was included in the Cannabis Equity Assessment.

The menu is intended to be a full list of options and does not take into consideration issues such as staffing capacity and resources, market conditions, or size of the impacted communities.

Based on the Council’s prior direction to have an administrative process, to use zoning limitations to naturally cap licensing, and to have a have an equity program that balances both resources and staffing with high impact results, certain core program elements and services were recommended for Santa Monica’s cannabis equity program. The full menu of typical program elements and list of recommendations for Santa Monica can be found in the attached Cannabis Equity Assessment with several of the recommendations included in the proposed equity program described below.

Proposed Cannabis Equity Program
As a relatively small city of only 8.5 square miles, Santa Monica faces different constraints and opportunities than larger cities like Los Angeles, Oakland, or Long Beach. While many cannabis equity policy frameworks draw from statewide best practices and lessons from other jurisdictions, it was appropriate for Santa Monica to implement a more tailored approach to cannabis equity. Other neighboring cities, including Culver City and West Hollywood, do not incorporate cannabis equity programs, and some jurisdictions, including San Diego, conducted cannabis equity assessments but ultimately did not create cannabis equity programs.

The proposed program elements below reflect considerations of the City’s scale, declining market conditions for the cannabis industry, and existing budget and staff resources while aligning with the broader goals of social equity, community reinvestment, and local economic inclusion.

Purpose
The Cannabis Equity Program (“Program”) seeks to reduce the barriers of entry and participation for individuals that have been negatively impacted by the disproportionate enforcement of cannabis-related crimes by providing access into the legal cannabis

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industry. At the direction of City Council, this Program implements a focused and equitable program that balances access, oversight, and community benefit. The overarching goal is to create a lean, high-impact equity program that delivers meaningful benefits to those disproportionately affected by cannabis enforcement while remaining practical and sustainable.

Program Eligibility
The City’s eligibility standards are based on cannabis-related conviction history, lowincome status, and community ties, as these qualifiers aim to address those who have been historically shown to be the most impacted as described in Santa Monica’s Cannabis Equity Assessment (July 2025).
• Conviction History. Individuals who have been or have immediate family members who have been arrested or convicted for a cannabis-related offenses.

Rationale: Research confirms that Black/African American and Hispanic/Latino communities have been disproportionately criminalized. Restricting eligibility to Santa Monica arrests would exclude many individuals who were impacted but later moved due to displacement, gentrification, or economic hardship. Data and research on cannabis-related arrests, and criminal arrests more broadly, show that the impacts are often generational. Families of those who were arrested or convicted, particularly children and immediate relatives, frequently face long-term consequences such as housing instability, reduced economic opportunities, and barriers to education and employment. Expanding eligibility to include applicants with immediate family members who were arrested or convicted for cannabisrelated offenses would recognize these generational impacts and more accurately capture the full scope of harm experienced within communities. • Low-Income Status. Applicants at or below 80% of the Area Median Income (AMI).

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Rationale: Establishing clear financial criteria prevents the program from being exploited by individuals who do not face significant economic barriers. A welldefined low-income threshold ensures resources are allocated to those who need them most. A threshold of 80% of the Area Median Income (AMI) is a standard used by other cannabis equity programs across the state. • Community Ties. Applicants should be current or previous residents, students, or business owners in Santa Monica, for at least three years, cumulatively.

Rationale: Prioritizing applicants who have lived in the most impacted neighborhoods may limit the program’s effectiveness and reach. Requirements should consider both current and former Santa Monica residents who lived in disproportionately affected areas and should be measured cumulatively rather than consecutively to avoid penalizing those displaced due to gentrification or economic instability. Including students in the eligibility criteria would expand the pool of potential equity applicants, particularly those who may have meaningful community ties through their education in Santa Monica. Limiting eligibility strictly to individuals who currently live or previously lived in Santa Monica could inadvertently exclude people who may have strong ties to the community but do not meet the residency standard alone. If students are included, focus should be on individuals who attended K-12 school in Santa Monica. This group is more likely to reflect longer-term residency and stronger community connections. By contrast, Santa Monica College students often represent a more transient population, many of whom reside in other cities during or after their enrollment which may not align as closely with the program’s intent of addressing local impacts.
• Ownership. An equity ownership majority which allows flexibility while ensuring equity applicants maintain decision-making power.

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Rationale: Setting a majority ownership requirement ensures equity applicants benefit from the program while allowing flexibility in investment structures. Many California equity programs require at least 51% equity ownership to ensure that social equity partnerships retain control over their businesses and are not exploited by outside investors. However, requiring a strict 51% threshold may also discourage or limit opportunity for outside investors who provide essential funding. Legal assistance will protect applicants from predatory investors seeking to take advantage of the program.

Program Benefits and Services
Core Program Elements and Services. These are the minimum essential program elements and services the City should implement immediately. They focus on lowering barriers to entry for equity applicants while having a streamlined and efficient administrative process.

Financial.
• Application and permit fee waivers or deferrals for qualified equity applicants.

Implementation Consideration:

Offering application and/or permit fee waivers has financial implications that could result in loss of revenue to the City.

Application and Licensing.
• Provide equity applicants with expedited application processing and review.
• Exemption from minimum distance requirement from other cannabis uses and limits to number of cannabis uses per block.
• Provisional approval of licenses prior to securing a business location to help equity applicants attract investors and secure financing, with a time12.A Packet Pg. 1060
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limited window to finalize site selection and obtain full approval. • Disclosure of ownership and profit-sharing agreements are required during licensing review to ensure equity applicants are protected.

Administrative, Legal and Technical Assistance.
• Connect equity applicants with existing business development and cannabis industry resources.
• Refer equity applicants to pre-vetted legal aid groups and small business assistance providers, and workforce development organizations to administer direct services to equity applicants.
• Collaborate with the County District Attorney’s Office and Public Defender for expungement workshops.

Outreach and Program Information.
• Continue to update and utilize the City’s cannabis equity webpage on the City’s website to provide clear program information online in multiple languages.
• Targeted outreach to historically impacted communities using digital platforms, flyers, and community-based partnerships.

Expanded Program Services with State Grant Funding. Subject to the availability of State funding, if the City receives Type 2 funding from the California Cannabis Equity Grants Program for Local Jurisdictions administered by GO-Biz, the City could significantly expand its equity program beyond baseline services above. Under current grant program guidelines, which are subject to change, the City may apply for up to $500,000 in grant funds without providing a local one-to-one funding match.

Up to 10% of the grant may be used for city administrative costs and an additional 10% may be allocated to consultant services, such as providing technical assistance or grant

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support. The remaining 80% must be distributed directly to equity applicants in the form of grants or other eligible direct financial assistance. The following are potential program enhancements that may be feasible with this funding.

Direct Financial Assistance.
• Start-up Grants or Fee Waivers: Provide micro-grants ($5,000-$25,000 range) to equity applicants to cover local or state licensing fees, professional services, or first-year operating expenses. • Lease Assistance or Rent Subsidies: Offer limited-term subsidies to help equity applicants secure compliant locations in Santa Monica.

Expanded Legal and Technical Support.
• One-on-One Professional Services Vouchers: Offer subsidized access to vetted legal, financial, and technical consultants (e.g., for corporate formation, tax planning, or security planning).
• Compliance Readiness Checks: Fund pre-inspection walkthroughs to help applicants meet local code and Department of Cannabis Control (DCC) requirements before final inspections.

Program Administration, Monitoring, and Evaluation
The Equity Program would be executed administratively in compliance with administrative guidelines to be developed and would be monitored for key performance indicators to track progress, identify gaps, and make informed adjustments to the program.

Other Ways to Support Equity-Eligible Populations
The City is limited in both budget and staff resources to administer the cannabis program, and there are also relatively fewer opportunities in the cannabis industry compared to several years ago. As a result, in addition to the proposed equity program outlined above, staff recommends future considerations of additional regulations or incentives that could also support equity-eligible populations:

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1. Employment and Product Inclusion.
• Encourage cannabis retailers to employ best practices in hiring equityeligible populations (conviction history, low-income status, and community ties eligibility criteria) to promote economic inclusion. • Offer incentives to cannabis businesses that meet or exceed hiring a certain percentage of employees from equity eligible populations. • Encourage cannabis retail businesses to sell cannabis products from licensed cannabis equity businesses.

2. Community Reinvestment.
• Dedicate a percentage of local cannabis tax revenue specifically for community reinvestment in disproportionally impacted areas. • Establish a Community Reinvestment Fund to finance long-term social equity initiatives and economic empowerment programs.
• Explore other state and federal grant opportunities which would allow for an expansion of services making the program more impactful in support of economic development and social equity initiatives.
• These would be subject to future budget decisions by the City Council.

Past Council Actions
Meeting Date Description
10/24/17 Adoption of Interim Ordinance Replacing the Term "Medical Marijuana Dispensary" with "Medicinal Cannabis Retailer" Throughout the City's Zoning Ordinance, Chapter 9.01
Through Chapter 9.52 of Article 9 of the Santa Monica
Municipal Code; Creating a Definition for "Medicinal
Cannabis Retailer" to Replace the Definition for "Medical Marijuana Dispensary" to Conform With State Law;
Removing Certain Requirements for Medicinal Cannabis
Retailers for Consistency with State Law and to Allow for Separate Regulation and Rulemaking; and Modifying the
Definition of "Industry, Limited" to Allow for Medicinal Cannabis Light Manufacturing

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Meeting Date Description
02/25/20 Adoption of Interim Zoning Ordinance Extending Interim Zoning Ordinances Number 2557 (CCS) and 2566 (CCS),
Which Replaced the Term "Medical Marijuana Dispensary"
with "Medicinal Cannabis Retailer" Throughout the City's Zoning Ordinance, Chapter 9.01 Through Chapter 9.52 of
Article 9 of the Santa Monica Municipal Code; Created a Definition for "Medicinal Cannabis Retailer" to Replace the Definition for "Medical Marijuana Dispensary" to Conform with State Law; Removed Certain Requirements for
Medicinal Cannabis Retailers for Consistency with State Law and to Allow for Separate Regulation and Rulemaking; and Modified the Definition of "Industry, Limited" to Allow for Medicinal Cannabis Light Manufacturing
06/13/23 Adult-Use Cannabis Study Session
11/14/23 Adoption of an Interim Zoning Ordinance amending the text of the Zoning Ordinance to replace the term “Medical
Marijuana Dispensary” with “Medicinal Cannabis Retailer”, to remove certain requirements for Medicinal Cannabis
Retailers for consistency with State law, and to permit Medicinal Cannabis Retailers to deliver, cultivate, and sell adult-use cannabis or adult-use cannabis products to
persons 21 Years of Age and Over
12/19/23 Adoption of an Interim Zoning Ordinance Extending Interim Zoning Regulations Adopted by Interim Zoning Ordinance
2764 (CCS) Amending the Text of the Zoning Ordinance to Replace the Term “Medical Marijuana Dispensary” with
“Medicinal Cannabis Retailer”, to Remove Certain
Requirements for Medicinal Cannabis Retailers for
Consistency with State law, and to Permit Medicinal
Cannabis Retailers to Sell Adult-Use Cannabis or Adult-Use Cannabis Products to Persons 21 Years of Age and Over
03/19/24 Adoption of Resolution Authorizing Receipt of State of California Cannabis Equity Grant Funding for $40,000 for Preparation of a Cannabis Equity Assessment and
Authorization for City Manager to Execute All Necessary Associated Documents
04/23/24 Cannabis Social Equity Study Session
03/11/25 Adoption of Resolution Authorizing Receipt of State of California Cannabis Equity Grant Funding for $35,000 for Development of a Cannabis Equity Program and
Authorization for City Manager to Execute All Necessary Associated Documents

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Environmental Analysis
The proposed ordinance is categorically exempt from the provisions of California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines (common sense exemption). Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed ordinance may have a significant effect on the environment. The allowance of additional cannabis retailers in the City’s non-residential zoning districts is consistent with existing State law. The sale of adult-use cannabis or adult-use cannabis products at cannabis retailers is consistent with existing commercial retail land uses. [See e.g., Lucas v. City of Pomona (2023) 92 Cal.App.5th 508 (holding that substantial evidence supported city’s determination that proposed commercial cannabis activities were exempt from CEQA as consistent with existing retail land uses and density covered by previous EIR].

Therefore, no further environmental review under CEQA is required Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Analysis of cannabis business tax data is currently limited. The number of potential future permit applications remains uncertain at this time. Staff will actively track the issuance of Cannabis Retailer permits and adjust revenue forecasts as needed based on permit volume and tax revenue.

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

A. CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 B. Ordinance - Article 9 Amendments
C. Resolution - Cannabis Equity Assessment and Program

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D. Resolution - Cannabis Retailer Permit Fees
E. PowerPoint Presentation

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1 City Council Meeting: September 9, 2025 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING CHAPTER 6.200 OF THE SANTA MONICA MUNICIPAL

CODE TEXT OF THE ZONING ORDINANCE TO AUTHORIZE AND ESTABLISH REGULATIONS FOR CANNABIS BUSINESSES AND DELETING CHAPTERS 6.201,

6.202, AND 6.203 OF THE SANTA MONICA MUNICIPAL CODE
WHEREAS, the State of California has a long history of regulating cannabis uses within the State; and
WHEREAS, in 1996, California voters approved Proposition 215 (codified at Health and Safety Code section 11362.5 and titled the “Compassionate Use Act of 1996”), which provides criminal immunity for patients and primary caregivers for the cultivation and possession of cannabis if a doctor has recommended the cannabis for medical purposes; and
WHEREAS, in 2004, Senate Bill 420 was enacted (codified at Health and Safety Code section 11362.7 et seq. and titled the “Medical Marijuana Program Act”) to clarify the scope of the Compassionate Use Act of 1996; and
WHEREAS, the Medical Marijuana Program Act allows cities and other governing bodies to adopt and enforce laws consistent with its provisions; and WHEREAS, in 2015, Assembly Bills 243 and 266 and Senate Bill 643 were enacted (codified at Business and Professions Code section 19300 et seq. and titled the “Medical Marijuana Regulation and Safety Act”) and provided for enhanced statewide marijuana regulations; and

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Packet Pg. 1067 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance) 2 WHEREAS, in November 2016, voters approved Proposition 64, the Adult Use of Marijuana Act (“AUMA”), which allows adults 21 years of age or older to legally grow, possess, and use cannabis for nonmedicinal purposes, with certain restrictions; and WHEREAS, the AUMA authorizes the sale and distribution of cannabis for nonmedicinal purposes through a licensed business; and
WHEREAS, in 2017, the State legislature enacted Senate Bill 94 which created the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) and established regulations for the medicinal and adult-use cannabis markets, aligned all permit types, and authorized certain state agencies to establish rules governing cannabis operations and to implement the law; and
WHEREAS, MAUCRSA continues to preserve local control over cannabis-related uses by: (1) requiring medicinal cannabis businesses to obtain both a state license and a local license or permit, if required, to operate legally in California, (2) terminating the ability of a medicinal cannabis business to operate if its local license or permit is terminated, (3) continuing to authorize local governments to enforce local cannabis-related laws, (4) providing for penalties for unlicensed activities, and (5) expressly protecting local licensing practices, zoning and business regulation laws, and local actions taken under the constitutional police power; and
WHEREAS, consistent with State actions, City Council, when adopting its comprehensive update to its Zoning Ordinance in 2015, contemplated authorizing two medicinal cannabis retailers within the City to serve local needs; and

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Packet Pg. 1068 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance) 3 WHEREAS, the economic impacts of the COVID-19 closures of, and limitations on, businesses have been and continue to be devastating to the local Santa Monica economy; and
WHEREAS, as the commercial and economic landscape evolves, the City’s economic recovery and competitive advantage will depend on its ability to deliver on a diverse range of unique dining, retail, commercial, and entertainment uses; and WHEREAS, the City has an important governmental interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
WHEREAS, on May 10, 2022, City Council requested that the City Manager schedule a study session as soon as practicable regarding whether to allow for the sale of nonmedicinal cannabis in the City of Santa Monica; and WHEREAS, on July 26, 2022, in line with potential economic recovery efforts, the City Council voted to place a cannabis business license tax measure (“Measure HMP”) on the ballot, imposing a tax on all commercial cannabis activities; and WHEREAS, in the November 2022 election, the voters approved Measure HMP; and
WHEREAS, on June 13, 2023, City Council held a study session where it: (1) considered key policy considerations for allowing adult-use cannabis businesses and other non-retail cannabis business types within the City of Santa Moncia; (2) discussed options for allowing adult-use cannabis sales and associated regulatory restrictions as may be appropriate; and (3) provided direction to staff on bringing back changes to the

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Packet Pg. 1069 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance) 4 Municipal Code to allow for adult-use cannabis retail businesses and non-retail cannabis business types within the City; and
WHEREAS, at the June 13, 2023, study session, City Council directed staff to return with an ordinance amendment allowing the previously approved medicinal cannabis retailers to also sell adult-use cannabis while the permanent adult-use cannabis updates are pending; and
WHEREAS, on November 14, 2023, City Council the adopted Interim Zoning Ordinance Number 2764 (CCS) (“IZO 2764”), which: (1) established interim zoning regulations related to terminology, definitions and use standards consistent with those established under IZO 2557 in 2017; and (2) expanded those interim regulations in order to allow the two approved medicinal cannabis retailers to also sell adult-use cannabis; and
WHEREAS, on December 19, 2023, City Council adopted Interim Zoning Ordinance Number 2770 (CCS) (“IZO 2770”), which extended IZO 2764 to February 12, 2026, to allow adequate time for staff to further evaluate the results of the land use changes included in the IZO and to develop a permanent adult-use cannabis program; and
WHEREAS, on January 19, 2024, Santa Monica was awarded a $40,000 grant from the State to conduct an equity assessment to inform the adult-use cannabis program; and
WHEREAS, on April 23, 2024, City Council had an additional study session to provide direction on cannabis social equity in Santa Monica and locational restrictions for adult-use cannabis; and

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Packet Pg. 1070 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance) 5 WHEREAS, on September 18, 2024, the Planning Commission conducted a study session where it discussed various policy considerations for adult-use cannabis uses; and WHEREAS, on October 16, 2024, in accordance with Santa Monica Municipal Code Section 9.46.030(B), the Planning Commission adopted a Resolution of Intention, Resolution Number 24-016 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance to consider recommending that the City Council make amendments to the Zoning Ordinance to allow adult-use cannabis uses, including, but not limited to, retail, cannabis events, and consumption lounges; and
WHEREAS, on January 28, 2025, the City Council adopted Interim Zoning Ordinance Number 2799 (CCS), amending the interim zoning regulations established by IZO 2764 and extended by IZO 2770 to expand the operating hours for the City’s existing cannabis retailers consistent with State law; and
WHEREAS, Chapters 6.200, 6.201, 6.202, and 6.203 of the Santa Monica Municipal Code are collectively known as the City of Santa Monica Cannabis Ordinance (“Cannabis Ordinance”); and
WHEREAS, Chapter 6.203 currently prohibits commercial nonmedicinal cannabis uses except for the two medicinal retailers that have been authorized to engage in commercial cannabis sales pursuant to IZO 2770 and IZO 2764; and WHEREAS, the City Council now wishes to amend the Cannabis Ordinance as provided in Exhibit A to authorize commercial cannabis businesses to sell and deliver adult-use and medicinal cannabis and cannabis products in the City; and

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Packet Pg. 1071 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance) 6 WHEREAS, Chapter 6.201 currently regulates nonmedicinal cannabis retailers; and
WHEREAS, the proposed amendments to Chapter 6.200 would cover both medicinal and nonmedicinal cannabis business activities and render Chapter 6.201 duplicative; and
WHEREAS, Chapter 6.202 permitted medicinal cannabis light manufacturing, which is no longer a permitted use in the City; and
WHEREAS, the City Council now wishes to amend the Cannabis Ordinance to amend Chapter 6.200 to allow commercial cannabis businesses to sell adult-use and medicinal cannabis and cannabis products, and to delete Chapters 6.201, 6.202, and

6.203 of the Cannabis Ordinance.

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

SECTION 1. Santa Monica Municipal Code Chapter 6.200 is hereby amended to read as follows as set forth in Exhibit A.

SECTION 2. Santa Monica Municipal Code Chapters 6.201, 6.202, and 6.203 are hereby deleted in their entirety.

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 that extent necessary to effect the provisions of this Ordinance.

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Packet Pg. 1072 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance) 7 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 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:
_________________________
Heidi von Tongeln, Interim City Attorney

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Packet Pg. 1073 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance)

EXHIBIT A
PROPOSED AMENDMENTS TO CHAPTER 6.200
CHAPTER 6.200

COMMERCIAL CANNABIS

1. SMMC Section 6.200.010 is amended to read as follows:

6.200.010. Purpose.

Chapters Chapter 6.200, 6.201, 6.202, and 6.203 of this Code shall be known as the City of Santa Monica Cannabis Ordinance (hereinafter this “Ordinance”). The City has a compelling interest in protecting the public health, safety, and welfare of its citizens, residents, visitors, and businesses by developing and implementing strict performance and operating standards for cannabis-related commercial cannabis activities so that only the most qualified operators of such businesses will operate within the City. The purpose of this Ordinance is to effectuate these compelling interests by establishing regulatory requirements for commercial cannabis activities within the City.

2. SMMC Section 6.200.020 is amended to read as follows:

6.200.020. Definitions.

For purposes of this Chapter, the following words shall have the following meanings:
a. “Cannabis” shall have the same meaning as set forth in Business and Professions Code Section 26001(f) as the same may be amended from time to time. b. “Cannabis product” shall have the same meaning as set forth in Section 11018.1 of the Health and Safety Code as may be amended from time to time. c. “Cannabis Retailer” or “Cannabis Retail Business” shall mean a licensed premises located within the City from which Cannabis or Cannabis products are intended to be sold or delivered from. A Cannabis Retailer includes any business engaging in Retail Cannabis, including businesses that sell Cannabis or Cannabis products for personal consumption or businesses that sell Medicinal Cannabis or Medicinal cannabis products for personal

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Packet Pg. 1074 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance) consumption. A Cannabis Retailer includes a Non-Storefront Cannabis Retailer that is closed to the public and makes sales exclusively by Delivery. d. “Cannabis Permits” shall refer to the Cannabis Retailer Permits and Non-City-Based Cannabis Delivery Permits, collectively.
e. “Cannabis Retailer Permit” shall mean an annual regulatory permit issued to Cannabis Retailers in conjunction with the City business license which allows the Permittee to engage in allowable Cannabis Retailer activities consistent with the requirements of this Chapter, applicable law, any adopted rules and regulations, and state law. f. “City” shall mean the City of Santa Monica.
g. “Code” shall mean the Santa Monica Municipal Code, as may be amended from time to time.
h. “Commercial cannabis activity” shall have the same meaning as that set forth in Business and Professions Code Section 26001(n) as the same may be amended from time to time.
i. “Cultivation” shall have the same meaning as set forth in Business and Professions Code Section 26001(o) as the same may be amended from time to time. j. “Delivery” shall have the same meaning as set forth in Business and Professions Code Section 26001 as the same may be amended from time to time. “Delivery” shall also include the use by a business of any technology platform to facilitate delivery of Cannabis or Cannabis products.
k. “Director” shall mean the Director of Planning and Community Development, or designee.
l. “Manufacture” shall have the same meaning as set forth in Business and Professions Code Section 26001(al) as the same may be amended from time to time. m. “Medicinal cannabis,” “medicinal Medicinal cannabis product,” and “cannabis

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Packet Pg. 1075 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance) product” shall have the same meanings as set forth in Business and Professions Code Section 26001(am) as the same may be amended from time to time. n. “Non-City-Based Cannabis Delivery Permit” shall mean the annual regulatory permit issued to Non-City-Based Cannabis Delivery Retailers in conjunction with the City business license that allows the Permittee to deliver Cannabis and Cannabis products within the City subject to the requirements of this Chapter, applicable law, adopted administrative regulations, and state law.
o. “Non-City-Based Cannabis Delivery Retailer” means a business that: (1) has no physical location within the City; and (2) is properly licensed in another California jurisdiction, which delivers Cannabis to customers in the City. p. “Non-City-Based Cannabis Delivery Services” means the Cannabis delivery services provided by a Non-City-Based Cannabis Delivery Retailer. q. “Non-Storefront Cannabis Retailer” means a Cannabis Retailer located within the City which sells Cannabis and Cannabis products to customers only through delivery. r. “Non-Storefront Cannabis Delivery Services” means the Cannabis delivery services provided by a Non-Storefront Cannabis Retailer.
s. “Permittee” means a person who has been issued a permit either: (1) a Cannabis Retailer Permit; or (2) a Non-City-Based Cannabis Delivery Permit under this Chapter. t. “Retail Cannabis” shall mean the sale of Cannabis and Cannabis products to consumers, typically through licensed storefronts or delivery services. It includes the legal sale of both adult-use and medical cannabis and cannabis products, subject to state and local regulations.
u. “Retailer” shall have the same meaning as set forth in Business and Professions Code Section 26070 26001(ay) as the same may be amended from time to time. v. “Storefront Cannabis Delivery Services” means a Cannabis Retailer with a physical

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Packet Pg. 1076 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance) location in the City which offers delivery of Cannabis and/or Cannabis products in addition to in-store sales.
“Manufacturer” shall have the same meaning as set forth in Business and Professions Code Section 26001 as the same may be amended from time to time.

3. SMMC Section 6.200.025 is added to read as follows:

6.200.025 License and Permit Required
a. Business License required. All Cannabis Retailers and all Non-City-Based Cannabis Delivery Retailers shall obtain a business license from the City to engage in business in the City.
b. Cannabis Retailer Permit required. Prior to operating any Retail Cannabis business in the City, the owner or operator shall obtain a Cannabis Retailer Permit for each location operating within the City.
c. Non-City-Based Cannabis Delivery Permit required. Prior to delivering Cannabis and/or Cannabis products to customers in the City, any business providing Non-CityBased Cannabis Delivery Services shall first apply for and obtain a Non-City-Based Cannabis Delivery Permit.

4. SMMC Section 6.200.030 is amended to read as follows:

6.200.030. Administrative regulations.
(a) The Director may adopt administrative regulations that are consistent with the purposes of

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Packet Pg. 1077 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance) this Chapter, to implement the provisions of this Ordinance, including, but not limited to, the timely exercise of rights granted by this Ordinance, the safe and lawful conduct of all commercial cannabis activities, permit application procedures, and permit standards.
(b) No person shall fail to comply with the City's administrative regulations. Any violation of any administrative regulation issued pursuant to this Section shall constitute a violation of this Code and shall subject the violator to the penalties set forth in this Chapter.

6.200.030 Cannabis Retailer Permit Application Requirements Application. In addition to any information or documents required by the Director, or adopted in administrative regulations issued pursuant to this Chapter, applications for a Cannabis Retailer Permit shall include:
a. Business Entity Information.
b. Owner and Officer Information.
c. Authorized Representative Information.
d. A description of the proposed Retail Cannabis business activities. e. In the event the applicant is not the owner of record of the real property upon which the Retail Cannabis business is or is to be located, the application must be accompanied by a notarized statement and consent from the owner of the property acknowledging that the applicant intends to operate a cannabis business on the property. In addition to furnishing such notarized statement, the applicant shall furnish the name and address of the owner of record of the property, as well as a copy of the lease or rental agreement pertaining to the premises in which the cannabis business is or will be located.

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Packet Pg. 1078 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance) f. An executed release of liability and hold harmless in the form set forth in the City’s application form.
g. A description of the procedure for documenting the source of the Cannabis to be dispensed by the cannabis use. Documentation that the location(s) where the cannabis is cultivated and manufactured have proper State and local permits and are compliant with the zoning regulations of the jurisdiction in which they are located. h. If selling Medicinal Cannabis:

1. A description of the screening, registration, and validation process for qualified medical cannabis patients and the protocols to verify that: (A) purchasers of medical cannabis products are eighteen years of age or older; and (B) purchasers of adult-use Cannabis are twenty-one years of age or older;

2. A description of qualified patient records acquisition and retention procedures;

3. A description of the process for tracking cannabis quantities and inventory controls, including on-site cultivation (if any), processing and Cannabis products received from outside sources.
i. Valid Cannabis Retail license issued by the State of California Department of Cannabis Control depending on the type of Retail Cannabis operations being proposed. j. Valid State of California Seller’s Permit.
k. Waste management plan.
l. Fingerprint background checks.
m. An approved security plan meeting the requirements set forth in administrative regulations. To the extent permitted by law, the security plan shall be kept confidential by the City. Applicants are encouraged to provide a redacted copy of the security plan that can be provided in response to a PRA request.

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Packet Pg. 1079 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance) n. Any further information determined by the City to be material to the evaluation of the applicant’s fitness to operate.

5. SMMC Section 6.200.035 is added to read as follows:

6.200.035 Non-City-Based Cannabis Delivery Permit - Application Requirements In addition to any information or documents required by the Director, or adopted in administrative regulations issued pursuant to this Chapter, applications for a Non-CityBased Cannabis Delivery Permit shall include:
a. Business Entity Information.
b. Owner and Officer Information.
c. Authorized Representative Information.
d. An executed release of liability and hold harmless in the form set forth in the City’s application form.
e. Valid Cannabis Retail license issued by the State of California Department of Cannabis Control consistent with the type of Retail Cannabis operations being proposed.
f. Valid State of California Seller’s Permit.
g. Copy of a valid local permit authorizing the applicant to engage in Retail Cannabis activity and provide cannabis delivery service. h. Insurance information as required by this Chapter or applicable administrative regulations.

6. SMMC Section 6.200.040 is amended to read as follows:

6.200.040. Conditions imposed on permit.

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Packet Pg. 1080 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance) (a) The City may impose conditions, as part of any permit issued pursuant to this Ordinance, if the conditions are reasonably necessary to effectuate the purposes of this Ordinance, protect the peace and tranquility of any residential area, mitigate traffic impacts, protect other uses in the area, or protect the health, welfare, and safety of the public.
(b) A permittee shall comply with all conditions that are imposed as part of the permit pursuant to subsection (a) of this Section.
(c) Any violation of any permit condition shall constitute a violation of this Code and shall subject the violator to the penalties set forth in this Chapter.

6.200.040 Minimum Criteria for Issuance of a Cannabis Retailer Permit. a. The applicant, and any existing or prospective manager, must be at least twentyone years of age. b. The applicant, or any existing or prospective manager, must not have had a similar type of license previously revoked or denied for good cause within the immediately preceding two years prior to the license application. c. The applicant and any proposed manager shall undergo a background investigation. Within 10 years, neither the applicant, nor any proposed or prospective manager, shall have been convicted of:

1. Any offense relating to possession, manufacture, sales, or distribution of a controlled substance, with the exception of cannabis related offenses;

2. Any offense involving the use of force or violence upon the person of another;

3. Any offense involving theft, fraud, dishonesty or deceit;

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Packet Pg. 1081 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance)

4. Any offense involving sales of Cannabis to a minor or use of a minor to distribute Cannabis.

For purposes of this subsection (c), a conviction includes a plea or verdict of guilty or a conviction following a plea of nolo contendere. The above criteria are in addition to the provisions in Section 6.04.260 (Revocation, suspension or denial of business license certificate and the applicable regulatory permits) and any applicable provisions of state law. d. The location of any Cannabis Retailer shall comply with the location requirements found in, among other things, Chapter 9.31 of this Code. e. The security plan adequately addresses the required topics. f. All applicable taxes and fees have been paid.
g. All applicable standards set forth in this Code, administrative regulations, and any other applicable state and local laws have been met.

7. SMMC Section 6.200.050 is added to read as follows:

6.200.050 Cannabis Permits - Annual Renewal Required
Any Cannabis Permits issued pursuant to this Chapter shall be effective for the same period as the corresponding business license issued. Before the expiration of any such Cannabis Permits, a Permittee that desires to continue operating in the City must file an application for renewal. The renewal application shall be filed in a manner established by administrative regulations, and such renewal application shall be granted only when the requirements for the issuance of such permit, or other criteria established in administrative regulations, are met.

8. SMMC Section 6.200.055 is added to read as follows:

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Packet Pg. 1082 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance)

6.200.055 Conformance with Applicable Laws
All Permittees shall operate in full compliance with all applicable state laws. Nothing in this Ordinance is intended to authorize the operation of any commercial cannabis activity in a manner contrary to applicable state laws.

9. SMMC Section 6.200.060 is amended to read as follows:

6.200.060. Insurance requirements.
(a) Before a permit is issued pursuant to this Ordinance, the applicant shall furnish, and maintain at all times while the permit is in effect, public liability insurance in amounts as determined by the City's Risk Manager and name the City of Santa Monica as additional insured.
(b) The insurance policy shall be endorsed to state that coverage shall not be cancelled except after thirty days prior written notice by certified mail has been given to the City.
(c) If any insurance policy issued to a permittee is cancelled for any reason, the permit issued under this Ordinance is automatically suspended. In order to reinstate the permit, the permittee shall provide a new certificate and policy of insurance to the City.
(d) A permittee shall maintain in force and effect at all times while the permit is in effect Workers' Compensation insurance as required by law.

6.200.060 Cannabis Permits - Revocation, Suspension, or Denial Any Cannabis Permits may be revoked, suspended, or denied by the Director, or designee, based upon any of the following grounds:
a. The applicant has made a materially false, misleading or fraudulent statement of fact or omission of fact to the City;

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Packet Pg. 1083 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance) b. The applicant operates, has operated, or proposes to operate in a manner that endangers public health or safety;
c. The applicant fails to comply or has failed to comply with any requirement imposed by the provisions of the Code, including any rule, regulation, condition, or standard adopted pursuant to this Chapter, or any term or condition imposed by the Cannabis Retail Permit, or any provision of state law;
d. The applicant, or any of its officers, owners or principals, has been convicted of a criminal offense that is substantially related to the qualifications, functions or duties of the vending profession, including, but not limited to, any criminal conviction involving a violent or serious felony, fraud, deceit, or embezzlement; or e. Other grounds set forth in the Code or by administrative regulations.

10. SMMC Section 6.200.070 is amended to read as follows:

6.200.070. Conformance with applicable laws.

All permittees shall operate in full compliance with all applicable State laws. Nothing in this Ordinance is intended to authorize the operation of any commercial cannabis activity in a manner contrary to applicable State laws.

6.200.070 Cannabis Retailer Operating Requirements
All Cannabis Retail Businesses in the City shall operate in conformance with the following operating requirements:
a. Hours of operation shall be limited to: Monday through Sunday, 6:00 a.m. to 10:00 p.m., or as further limited by state law.
b. Security shall comply with the following minimum standards and any standards set forth in administrative regulations:

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Packet Pg. 1084 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance)

1. Cannabis Retail Businesses shall provide adequate security and lighting on site to ensure the safety of persons and protect the premises from theft at all times in conformance with the security plan submitted with the Cannabis Retailer’s application.

2. All security guards employed by a Cannabis Retail Business shall wear a uniform, or otherwise be dressed in a manner to be easily identifiable as security guards. Security guards must be licensed and possess a valid Department of Consumer Affairs “Security Guard Card” at all times. A Cannabis Retailer’s security guards shall not possess firearms or tasers.

3. Cannabis Retail Businesses shall provide a neighborhood security guard patrol for the surrounding area of the business as specified in administrative regulations during all hours of operation.
c. Cannabis Retail Businesses shall provide law enforcement and all neighbors within one hundred feet of the business with the name and phone number of an on-site community relations employee to notify if there are operational problems with the establishment.
d. Cannabis Retail Business operator(s) shall attend regular meetings with the Santa Monica Police Department, Santa Monica Fire Department, and other City staff as may be required by the City to review public safety issues associated with their operations.
e. Delivery of Cannabis from Cannabis Retailers to customers in the City and surrounding areas is permitted, in accordance with the operating requirements in this Chapter, including Section 6.200.080 - Cannabis Delivery Operating Requirements. f. Any operating standards set for in administrative regulations established under this Chapter, including, but not limited to, administrative regulations: prohibiting Cannabis consumption on the premises or nearby vicinity; prohibiting sale or use of

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Packet Pg. 1085 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance) alcohol or tobacco products on the premises; requiring Cannabis warnings and signage as established by the City or state law; establishing allowable delivery times and methods for shipments of Cannabis or Cannabis Products into the premises; addressing Cannabis sourcing; establishing access to the premises by City staff (including Code Enforcement, Police Department and/or Fire Department) or other agents or employees of the City to determine compliance or address health, safety, or other concerns, minimum employment criteria (including minimum age); setting periodic meetings with City staff to address public safety or other community concerns; establishing odor absorption requirements; prohibiting loitering near the premises; and any other regulation intending to address health, safety, or other community concerns.

11. SMMC Section 6.200.080 is amended to read as follows:

6.200.080. Enforcement.
(a) Any person who violates any provision of this Ordinance shall be guilty of an infraction,

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Packet Pg. 1086 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance) which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars per violation or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment. Violation of any provision of this Ordinance shall be considered strict liability; accordingly, the prosecution shall not be required to prove criminal intent or that the violator meant to violate any provision of this Ordinance.
(b) Any person who violates any provision of this Ordinance shall be subject to administrative fines and administrative penalties pursuant to Chapters 1.09 and

1.10 of this Code.
(c) Any person convicted of violating this Ordinance in a criminal case, or found to be in violation of this Ordinance in a civil or administrative case brought by a law enforcement agency, shall be ordered to reimburse the City and other participating law enforcement agencies their full investigative costs. (d) Any commercial cannabis activity conducted or maintained contrary to this Ordinance may be, and the same is hereby declared to be, unlawful as defined in Section 1.08.010 of this Code and a public nuisance as defined in this Code and in Penal Code Section 373a. The City may, in addition to, or in lieu of, prosecuting a criminal action hereunder, pursue any available civil remedy, including, but not limited to, an action or preceding for the abatement, removal, and enjoinment of the operation of the commercial cannabis activity and for reimbursement of the costs of such abatement, removal and enjoinment.

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Packet Pg. 1087 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance)

6.200.080 Cannabis Delivery Operating Requirements
All deliveries of Cannabis and Cannabis Products shall be done in accordance with the following requirements:
a. Businesses based within the City, including businesses providing Storefront Cannabis Delivery Services or businesses providing Non-Storefront Cannabis Delivery Services, must have a valid City business license and Cannabis Retailer Permit to operate within the City.
b. Businesses providing Non-City-Based Cannabis Delivery Services, must have a valid City business license and a Non-City-Based Cannabis Delivery Permit to operate within the City. A business providing Non-City-Based Cannabis Delivery Services must be able to show compliance with the regulations of the jurisdiction it is licensed by and physically located in.
c. Every business providing Cannabis delivery service within the City shall obtain and maintain in full force and effect a commercial automobile insurance policy which provides the minimum coverages required by State, County, or local laws, including administrative regulations, whichever is higher.

1. The Permittee shall maintain on file with the Director proof of the insurance required hereunder before any permit under this Chapter, or business license, is issued.

2. If the insurance policies issued to the Permittee pursuant to this Chapter are canceled for any reason, any permit issued under this Chapter is automatically suspended. In order to reinstate the permit, the Permittee shall file a new certificate of insurance and provide proof of such to the Director.
d. Only delivery to persons twenty-one years of age or over shall be allowed, except deliveries of Medicinal Cannabis or medicinal cannabis products are permitted to

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Packet Pg. 1088 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance) Medicinal Cannabis patients that are eighteen years of age and older. e. Any operating standards established in any administrative regulations established under this Chapter, including, but not limited to, administrative regulations:
relating to security, operation, maintenance and appearance of vehicles delivering Cannabis and Cannabis products; establishing the minimum age and other minimum requirements for Delivery drivers and anyone accompanying the driver; outlining the maintenance of a ledger of deliveries as established by the City or state law; establishing restrictions on total floor area for storage of Cannabis and Cannabis products; concerning the operation of Non-Storefront Cannabis Delivery Retailers; establishing access to the premises by City staff (including Code Enforcement, Police Department and/or Fire Department) or other agents or employees of the City to determine compliance or address health, safety, or other concerns, minimum employment criteria (including minimum age); establishing odor absorption requirements; prohibiting loitering near the premises; and any other regulation intending to address health, safety, or other community concerns.

12. SMMC Section 6.200.090 is amended to read as follows:

6.200.090. Grounds for revocation, suspension or denial. (a) Any permit authorized pursuant to this Ordinance may be revoked, suspended, or denied by the Director based upon any of the following grounds:
(1) Making one or more false or misleading statements, or material omissions on the permit application or during the application process; (2) Failing to provide information requested or required by the City; (3) Any condition set forth in California Business and Professions Code Section 26057;
(4) Multiple violations of any conditions of a permit issued pursuant to this Ordinance;

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Packet Pg. 1089 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance) (5) Repeated failure to comply with applicable laws or regulations; (6) Operating or proposing to operate in a manner that endangers the health, safety or welfare of the community.

6.200.090 Medicinal Cannabis Retailer – Operating Requirements.

In addition to the operating requirements found in Sections 6.200.070 and 6.200.080 of this Code, other requirements in this Chapter or the Code, and any applicable administrative regulations, all Cannabis Retailers which sell Medicinal Cannabis in the City shall operate in conformance with the following operating requirements:
a. No physician shall be permitted in any Cannabis Retail Business at any time for the purpose of evaluating patients for the issuance of a medicinal cannabis recommendation or medicinal cannabis identification card. b. Medicinal Cannabis shall only be dispensed to qualified patients and their caregivers as defined by state law.
c. Medicinal Cannabis patrons shall be notified of the following verbally or through posting of a sign in a conspicuous location readily visible to persons entering the premises:

1. Use of Medicinal Cannabis shall be limited to the patient identified on a valid doctor’s recommendation, or a qualified purchaser identified on a state-issued form of identification.

2. Forgery of medical documents is a felony crime.
d. Medicinal Cannabis shall only be provided to an individual in an amount consistent with personal-medical use.
e. Medicinal Cannabis patients shall be eighteen years of age or older.

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Packet Pg. 1090 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance)

13. SMMC Section 6.200.100 is added to read as follows:

6.200.100 Noncompliance Prohibited.
a. No person or entity shall dispense, distribute, sell, convey, exchange, or give away Cannabis in the City except in compliance with the provisions of this Chapter and Section 9.31.095 of this Code. Dispensing, distributing, selling, conveying, exchanging, or giving away Cannabis in the City without a business license is a misdemeanor violation.
b. Violations of this Chapter are also subject to the administrative citation procedure provisions found in Chapter 1.09 of this Code.
c. Nothing in this Chapter shall be interpreted to conflict with state law, including, without limitation, the Compassionate Use Act, the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA) and the MAUCRSA, as may be amended, and the rights granted to individuals for the adult-use and medical-use of cannabis under state law. d. Failure of a cannabis business to pay applicable taxes and fees to the city for a three-month period shall be grounds for revocation of the City business license. If a business has failed to pay applicable taxes and fees to the city the City may suspend or revoke the business license and any Cannabis Permits (as applicable). For delinquent taxes and fees, if a business enters into a payment plan with the City within two months of being notified by the City of failure to pay applicable taxes and/or fees, the grounds for revocation of a business license specified in this section shall not apply to the business, as long as the business remains in compliance with the terms of the payment plan and completes the payment plan.

14. SMMC Section 6.200.110 is added to read as follows:

6.200.110 Adoption of Rules and Regulations – Violations. a. The Director or designee may adopt administrative regulations to implement the

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Packet Pg. 1091 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance) provisions of this Chapter, including, but not limited to, establishing or revising Cannabis Retailer operating requirements, Cannabis Delivery operating requirements, Medicinal Cannabis retailer operating requirements, periodic inspection protocols and timing, conditions of approval, establishing or revising renewal criteria for any Cannabis Permits, establishing or revising grounds for revocation, suspension, or denial of any Cannabis Permits, and any other regulation intending to address health, safety, or other community concerns. From time to time, the Director, or designee, may issue such guidance and promulgate such rules as deemed in its discretion necessary to carry out the provisions of this Ordinance.
b. No Cannabis Retailer or Non-City-Based Cannabis Delivery Retailer shall fail to comply with the City’s administrative regulations issued pursuant to this Chapter.

15. SMMC Section 6.200.115 is added to read as follows:

6.200.115 Conditions of Approval
a. Right to Condition License. The Director, or designee, may impose conditions on any Cannabis Retailer Permit, if:

1. Conditions exist that are specific to the location or business which may reasonably affect the health, safety, or welfare of the patrons or surrounding community.

2. Grounds for denial or revocation of a business license exist, or that the manner in which the business has been conducted, or operated, is detrimental to the public health, safety, and welfare.
b. Application to Change Conditions. The Director may change, modify or eliminate any conditions previously placed on a permit upon written request of the Permittee if it finds that the reasons for the original imposition of such conditions have been cured or no longer exist.

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Packet Pg. 1092 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance) c. Appeal of Conditions. A Permittee, whose permit has been conditioned pursuant to this section, may appeal the conditions by filing an appeal on a form provided by the Director within 15 days after the conditions are imposed.

If an appeal relating to cannabis permit conditions is timely filed, the Director, or designee, shall consider the appeal and, if the owner has so requested in his or her appeal form, shall grant the owner an oral hearing, and shall give the owner 10 days’ notice of the time and place of hearing. The Director, or designee, shall issue a written decision upholding the conditions or modifying or removing the conditions. The written decision of the Director, or designee, following an appeal of a cannabis permit condition shall be the final decision of the City.

16. SMMC Section 6.200.120 is added to read as follows:

6.200.120 State Licenses Required.

A Cannabis Retailer or Non-City-Based Cannabis Delivery Retailer licensed, permitted, and operating under this Chapter shall at all times have a current, valid state license for any and all activity which requires a state license under state law, including, without limitation, a seller’s permit from the State Board of Equalization. The Permittee shall post its state license in a conspicuous place. Failure to maintain and post a current, valid state license is grounds for revocation of a business license under this Chapter.

17. SMMC Section 6.200.130 is added to read as follows:

6.200.130 Violations and Penalties
Violations of any provision of this Chapter or any applicable administrative regulations shall, in addition to any other remedies contained in this Code, shall be subject to the issuance of administrative citation as set forth in Chapter 1.09 of this Code. Each day or portion thereof

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Packet Pg. 1093 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance) during which any violation is committed, continued, or permitted may be deemed a separate offense.

18. SMMC Section 6.200.140 is added to read as follows:

6.200.140 City Fees.

The City Council may adopt fees related to Cannabis Retailer Permits, Non-City-Based Cannabis Delivery Permits, or other fees necessary to implement this Chapter.

19. SMMC Section 6.200.150 is added to read as follows:

6.200.150 Other Commercial Nonmedicinal Use Prohibited
Except as provided in this Chapter, it shall be unlawful to undertake, establish, operate, maintain, or permit any other commercial cannabis activity in the City. No use permit, business license, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued. The possession of a State license for commercial cannabis activity shall not be sufficient to authorize the operation of such a use within the City.

20. SMMC Section 6.200.160 is added to read as follows:

6.200.160 Cannabis Retailer Permits - Restrictions on Transfers, Change, or Alteration
a. Transfer of a Cannabis Retailer Permit prohibited. A Cannabis Retailer Permit is valid only as to the named Permittee. No Permittee is allowed to transfer its Cannabis Retailer Permit to any person except pursuant to the terms of this section. Except as permitted, any such transfer or attempted transfer shall be deemed to constitute a voluntary surrender of the Cannabis Retailer Permit and shall thereafter be null and

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Packet Pg. 1094 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance) void, except as set forth in this Chapter.
b. Transfer of less than majority ownership. A Permittee may transfer less than 50% ownership or control of a Cannabis Retailer Permit with prior written approval of the Director, or designee, after submission of all required application materials, payment of applicable fees as established by resolution of City Council, and a determination that the transferee(s) satisfy(ies) the requirements of this Chapter such as to be entitled to the issuance of an original Cannabis Retailer Permit.
c. Change in name of business entity without any change in ownership. A Permittee may change the name without applying to the Director, or designee, for a new Cannabis Retailer Permit if the ownership of the renamed business entity is the same as the original business entity. Although a new Cannabis Retailer Permit is not required, the Permittee shall notify the City in writing of the change within 30 days of the change, provide any required documentation, and obtain an amendment to the original Cannabis Retailer Permit.
d. Change in entity form. A Permittee that changes corporate form must obtain all required state licenses and submit a new application to the City for a Cannabis Retailer Permit.
e. Involuntary transfer. In the event of the death, incapacity, receivership, assignment for the benefit of creditors or other event rendering one or more Permittees incapable of performing the duties associated with the Cannabis Retailer Permit, the Permittee or Permittee’s successor in interest (e.g., appointed guardian, executor, administrator, receiver, trustee, or assignee) shall notify the Director, or designee, in writing, within 14 calendar days of the occurrence of such event. To continue operations or cancel the existing Cannabis Retailer Permit, Permittee’s successor in interest shall submit to the Director, or designee, the following:

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Packet Pg. 1095 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance)

1. The name of Permittee’s successor in interest;

2. The name of the Permittee(s) for which the successor in interest is succeeding;

3. The phone number, mailing address, and email address of the successor in interest;

4. Documentation demonstrating that the Permittee(s) is incapable of performing the duties associated with the Cannabis Retailer Permit, such as a death certificate or a court order, and documentation demonstrating that the person making the request is the Permittee’s successor in interest such as a court order appointing guardianship, receivership, or a will or trust agreement;

5. The Director, or designee, in their sole and complete discretion, may give the Permittee’s successor in interest written approval to continue operating the cannabis retail business authorized by the Cannabis Retailer Permit on the premises for a period of time specified by the Director, or designee, provided that the successor in interest shall be subject to all terms and conditions of the Cannabis Retailer Permit, this Chapter, any provision of the state cannabis laws, or any applicable local law or regulations f. Cannabis retail business name. No Permittee shall operate, conduct, manage, engage in, or carry on the business of a Cannabis Retailer Business under any name other than the name specified in the Cannabis Retailer Permit. g. Effect of failure to comply. Failure to comply with this section constitutes grounds for suspension or revocation of a Cannabis Retailer Permit. h. No extension of permit. Any change permitted under this section shall not extend the term of a Cannabis Retailer Permit.

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Packet Pg. 1096 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance)

21. SMMC Section 6.200.170 is added to read as follows:

6.200.170 Limitations on City’s Liability
To the fullest extent permitted by law, the City shall not assume any liability whatsoever with respect to having issued any Cannabis Permits pursuant to this Chapter or otherwise approving the operation of any Cannabis Retail Business. As a condition to the approval of any Cannabis Permit, the applicant, owner and Permittee shall be required to meet all of the following conditions before a Cannabis Permit is issued:
a. The applicant, owner, and Permittee must execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend (at applicant’s, owner’s and Permittee’s sole cost and expense), and hold harmless the City, the City Council of Santa Monica, and the City’s officers, officials, employees, representatives, and agents from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City’s issuance of a Cannabis Permit, the City’s decision to approve the operation of the Cannabis Retail Business or other Retail Cannabis activity, the process used by the City in making its decision, or the alleged violation of any federal, state or local laws by the Cannabis Retail Business’s applicant, owner, Permittee, or any of their officers, managers, employees or agents. b. The applicant, owner, and Permittee must execute an agreement, in a form approved by the City Attorney, agreeing to reimburse the City for all costs and expenses, including but not limited to attorney fees and costs, which the City may be required to pay as a result of any legal challenge related to the City’s approval of the applicant’s, owner’s and Permittee’s Cannabis Permit, or related to the City’s approval of the applicant’s Cannabis Retailer activity. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed hereunder.

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Packet Pg. 1097 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance)

22. SMMC Section 6.200.180 is added to read as follows:

6.200.180 Records and Recordkeeping
a. Each Cannabis Retailer shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. At any time upon request of the City with 30-days’ notice, each Cannabis Retailer shall file a sworn statement detailing the Cannabis Retailer’s revenue and number of sales during the previous twelve (12)-month period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall also include gross revenues for each month, and all applicable taxes paid or due to be paid. On an annual basis, each Cannabis Retailer shall submit to the City a financial audit of the business’ operations conducted by an independent certified public accountant. Each Cannabis Retailer shall be subject to a regulatory compliance review and financial audit as determined by the Director, or designee. b. Each Cannabis Retailer permittee shall maintain a current register of the names and the contact information (including the address, e-mail address and telephone number) of anyone owning or holding an interest in the Cannabis Retail Business, and separately of all the officers, managers, employees, responsible persons and volunteers currently employed or otherwise engaged by the Cannabis Retail Business. The register required by this paragraph shall be provided to the Director, or designee, within 30 days of the City’s request.
c. All records collected by a Cannabis Retailer pursuant to this Chapter shall be maintained for a minimum of four years and shall be made available to the agents or employees of the City within 30 days from the City’s request, except that private medical records shall be made available only pursuant to a properly executed search warrant,

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Packet Pg. 1098 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance) subpoena, or court order.
d. All Cannabis Retailers shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all Cannabis and Cannabis Products for all stages of the growing and production or manufacturing, laboratory testing and distribution processes until purchase as required by state law.
e. Subject to any restrictions under the Health Insurance Portability and Accountability Act (HIPAA) regulations, each Cannabis Retailer shall allow the City, its agents, or its employees to have access to the business’s books, records, accounts, together with any other data or documents relevant to its Cannabis Retailer activities, for the purpose of conducting an audit or examination. Books, records, accounts, and any and all relevant data or documents will be produced no later than 30 days after receipt of the City’s request, unless otherwise stipulated by the City. The City may require the materials to be submitted in an electronic format that is compatible with the City’s software and hardware.

23. SMMC Section 6.200.190 is added to read as follows:

6.200.190 Inspection authority.

In addition to any other inspection rights authorized in this Chapter or applicable administrative regulations, the Director, or any designated representative, is authorized to enter the business premises of a Cannabis Retailer during business hours for the purpose of inspecting said premises and determining whether the retailer is in compliance with this Chapter.

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Packet Pg. 1099 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance)

24. SMMC Section 6.200.200 is added to read as follows:

6.200.200 Equity Program.

The City Council may adopt a resolution to establish, modify, or repeal an equity program relating to Cannabis Retailer Permits.

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Packet Pg. 1100 Attachment: CDD-ORD-Cannabis Retailers Updates (Article 6) 09.09.25 (6802 : Adult Use Cannabis Ordinance) 1 City Council Meeting: September 9, 2025 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

AUTHORIZE CANNABIS RETAILERS TO SELL ADULT-USE AND MEDICINAL

CANNABIS AND CANNABIS PRODUCTS WITHIN CERTAIN ZONING DISTRICTS WHEREAS, the State of California has a long history of regulating cannabis uses within the State; and
WHEREAS, in 1996, California voters approved Proposition 215 (codified at Health and Safety Code section 11362.5 and titled the “Compassionate Use Act of 1996”), which provides criminal immunity for patients and primary caregivers for the cultivation and possession of cannabis if a doctor has recommended the cannabis for medical purposes; and
WHEREAS, in 2004, Senate Bill 420 was enacted (codified at Health and Safety Code section 11362.7 et seq. and titled the “Medical Marijuana Program Act”) to clarify the scope of the Compassionate Use Act of 1996; and
WHEREAS, the Medical Marijuana Program Act allows cities and other governing bodies to adopt and enforce laws consistent with its provisions; and WHEREAS, in 2015, Assembly Bills 243 and 266 and Senate Bill 643 were enacted (codified at Business and Professions Code section 19300 et seq. and titled the “Medical Marijuana Regulation and Safety Act”) and provided for enhanced statewide marijuana regulations; and

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Packet Pg. 1101 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 2 WHEREAS, in November 2016, voters approved Proposition 64, the Adult Use of Marijuana Act (“AUMA”), which allows adults 21 years of age or older to legally grow, possess, and use cannabis for nonmedicinal purposes, with certain restrictions; and WHEREAS, the AUMA authorizes the sale and distribution of cannabis for nonmedicinal purposes through a licensed business; and
WHEREAS, in 2017, the State legislature enacted Senate Bill 94 which created the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) and established regulations for the medicinal and adult-use cannabis markets, aligned all permit types, and authorized certain state agencies to establish rules governing cannabis operations and to implement the law; and
WHEREAS, MAUCRSA continues to preserve local control over cannabis-related uses by: (1) requiring medicinal cannabis businesses to obtain both a state license and a local license or permit, if required, to operate legally in California, (2) terminating the ability of a medicinal cannabis business to operate if its local license or permit is terminated, (3) continuing to authorize local governments to enforce local cannabis-related laws, (4) providing for penalties for unlicensed activities, and (5) expressly protecting local licensing practices, zoning and business regulation laws, and local actions taken under the constitutional police power; and
WHEREAS, consistent with State actions, City Council, when adopting its comprehensive update to its Zoning Ordinance in 2015, contemplated authorizing two medicinal cannabis retailers within the City to serve local needs; and WHEREAS, on October 24, 2017, the City Council adopted Interim Zoning Ordinance 2557 (CCS) (“IZO 2557”) which established interim zoning regulations to

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Packet Pg. 1102 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 3 replace the term “medical marijuana dispensary” with “medicinal cannabis retailer” throughout the Zoning Ordinance; create a definition for “medicinal cannabis retailer” to replace the definition for “medical marijuana dispensary” to conform with State law; remove certain requirements for medicinal cannabis retailers for consistency with State law and to allow for separate and more effective regulatory rulemaking; and modify the definition of “industry, limited” to allow for medicinal cannabis light manufacturing; and WHEREAS, the interim zoning regulations adopted by IZO 2557 prohibited all adult-use commercial cannabis activities, including retail, cultivation, testing, distribution, and manufacturing; and
WHEREAS, since then, the City commenced a prolonged medicinal cannabis retailer selection process and issued two permits for the operation of medicinal cannabis retailers in the City; and
WHEREAS, on March 13, 2020, the City Manager, as the Director of Emergency Services (“Director of Emergency Services”), proclaimed the existence of a local emergency to ensure the availability of mutual aid and effectuate the City’s response to the novel coronavirus (“COVID-19”), and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency; and WHEREAS, on March 16, 2020, the Director of Emergency Services issued a Third Supplement to the Executive Order, requiring the closure of a wide range of businesses including bars, nightclubs, on-premises restaurant service, movie theatres, live performance venues, gyms, fitness centers, spas, hair salons, massage parlors, and nail salons; and

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Packet Pg. 1103 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 4 WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and
WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its earlier March 16, 2020 Order, closing all nonessential businesses, and limiting gatherings; and
WHERAS, after March 19, 2020, the Los Angeles Department of Public Health, on multiple occasions, amended and modified its Health Officer Order, recognizing the issues posed by community transmission of COVID-19 in Los Angeles County, and, in response, maintaining public health measures that have, at differing times, included strict limitations on public gatherings, required closures of certain businesses, and strict limitations and protocols for the operations of businesses permitted to remain open; and WHEREAS, the local, state, and federal COVID-19 emergency declarations have since concluded, but the economic impacts of the COVID-19 closures of, and limitations on, businesses have been and continue to be devastating to the local Santa Monica economy; and
WHEREAS, as the commercial and economic landscape evolves, the City’s economic recovery and competitive advantage will depend on its ability to deliver on a diverse range of unique dining, retail, commercial, and entertainment uses; and

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Packet Pg. 1104 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 5 WHEREAS, the City has an important governmental interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
WHEREAS, on May 10, 2022, City Council requested that the City Manager schedule a study session as soon as practicable regarding whether to allow for the sale of nonmedicinal cannabis in the City of Santa Monica; and WHEREAS, on July 26, 2022, in line with potential economic recovery efforts, the City Council voted to place a cannabis business license tax measure (Measure HMP) on the ballot, imposing a tax on all commercial cannabis activities; and WHEREAS, in the November 2022 election, the voters approved Measure HMP; and
WHEREAS, on June 13, 2023, City Council held a study session where it: (1) considered key policy considerations for allowing adult-use cannabis businesses and other non-retail cannabis business types within the City of Santa Moncia; (2) discussed options for allowing adult-use cannabis sales and associated regulatory restrictions as may be appropriate; and (3) provided direction to staff on bringing back changes to the Municipal Code to allow for adult-use cannabis retail businesses and non-retail cannabis business types within the City; and
WHEREAS, at the June 13, 2023, study session, City Council directed staff to return with an ordinance amendment allowing the previously approved medicinal cannabis retailers to also sell adult-use cannabis while the permanent adult-use cannabis updates are pending; and

12.A.b
Packet Pg. 1105 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 6 WHEREAS, on November 14, 2023, City Council the adopted Interim Zoning Ordinance Number 2764 (CCS) (“IZO 2764”), which: (1) established interim zoning regulations related to terminology, definitions and use standards consistent with those established under IZO 2557 in 2017; and (2) expanded those interim regulations in order to allow the two approved medicinal cannabis retailers to also sell adult-use cannabis; and
WHEREAS, on December 19, 2023, City Council adopted Interim Zoning Ordinance Number 2770 (CCS), which extended IZO 2764 to February 12, 2026, to allow adequate time for staff to further evaluate the results of the land use changes included in the IZO and to develop a permanent adult-use cannabis program; and WHEREAS, on January 19, 2024, Santa Monica was awarded a $40,000 grant from the State to conduct an equity assessment to inform the adult-use cannabis program; and
WHEREAS, on April 23, 2024, City Council had an additional study session to provide direction on cannabis social equity in Santa Monica and locational restrictions for adult-use cannabis; and
WHEREAS, on September 18, 2024, the Planning Commission conducted a study session where it discussed various policy considerations for adult-use cannabis uses; and WHEREAS, on October 16, 2024, in accordance with Santa Monica Municipal Code Section 9.46.030(B), the Planning Commission adopted a Resolution of Intention, Resolution Number 24-016 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance to consider recommending that the City Council make amendments to the Zoning Ordinance to allow

12.A.b
Packet Pg. 1106 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 7 adult-use cannabis uses, including, but not limited to, retail, cannabis events, and consumption lounges; and
WHEREAS, on January 28, 2025, the City Council adopted Interim Zoning Ordinance Number 2799 (CCS), amending the interim zoning regulations established by IZO 2764 and extended by IZO 2770 to expand the operating hours for the City’s existing cannabis retailers consistent with State law; and
WHEREAS, on June 4, 2025, the Planning Commission conducted a duly noticed public hearing to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance to allow cannabis retailers to sell adult-use and medicinal cannabis and cannabis products; and
WHEREAS, the City Council now wishes to amend the text of the Zoning Ordinance to allow cannabis retailers to sell adult-use and medicinal cannabis and cannabis products.

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

SECTION 1. The Santa Monica Municipal Code is hereby amended to read as set forth in Exhibit A. Changes in Exhibit A reflect amendments to the Zoning Ordinance anticipated to become effective October 9, 2025, resulting from City Council action on September 9, 2025. In making this determination, the City Council hereby finds and declares that, for the reasons articulated above, and in the staff report dated September 9, 2025:

12.A.b
Packet Pg. 1107 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 8 1. The proposed amendments to the text of the Zoning Ordinance are consistent with the General Plan and any applicable Specific Plans in that cannabis retailers are an active, pedestrian-oriented use that is appropriate in nonresidential zoning districts supporting the goals of the General Plan Land Use and Circulation Element (LUCE) to create complete neighborhoods with amenities that serve residents, workers, and visitors in the area, including Goal N3, to locate services and amenities within walking distance of neighborhoods, and Goal E4, to support the retail sector in order to provide for the needs of local residents and visitors and augment sales tax revenues.

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 create the opportunity for cannabis retailers, which are an enhanced retail land use, to operate within the City’s nonresidential districts subject to reasonable location and operating requirements that ensure compatibility with surrounding uses, including maintaining appropriate health and safety measures.

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

12.A.b
Packet Pg. 1108 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 9 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:
_________________________
Heidi von Tongeln, Interim City Attorney

12.A.b
Packet Pg. 1109 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 10 EXHIBIT A

ZONING ORDINANCE AMENDMENTS

12.A.b
Packet Pg. 1110 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 11 CANNABIS

PROPOSED REDLINE AMENDMENTS
(Changes reflect amendments anticipated to become effective October 9, 2025, resulting from City Council action on September 9, 2025.) CHAPTER 9.10
CHAPTER 9.11
CHAPTER 9.12
CHAPTER 9.13
CHAPTER 9.14
CHAPTER 9.31
CHAPTER 9.51

12.A.b
Packet Pg. 1111 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 12 CHAPTER 9.10 DOWNTOWN DISTRICTS
Section 9.10.040 Land Use Regulations
Table 9.10.040 prescribes the land use regulations for Downtown 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.

12.A.b
Packet Pg. 1112 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 13 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P P P P P P P
Section 9.31.025
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
Junior Accessory Dwelling
Unit P P P P P P P
Section 9.31.025
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
Multiple-Unit Dwelling P P L(1) L(1) P P P
Section 9.31.195,
Multiple-Unit
Dwelling Projects
Senior Citizen MultipleUnit Dwelling P P L(1) L(1) P P P Section 9.31.195,
Multiple-Unit
Dwelling Projects
Housing Types for Specific Needs
Congregate Housing P MUP,
L(3) MUP, L(1) MUP, L(1) MUP MUP MUP
Section 9.31.110,
Congregate
Housing
Elderly and Long-Term Care P L(3) L(1) L(1) L(1) L(1) L(1) Emergency Shelters L(6)/CUP L(6)/
CUP CUP/L(1) L(1), L(6)/CUP
L(6)/C
UP
L(6)/
CUP
L(6)/
CUP
Section 9.31.130,
Emergency
Shelters
Family Day Care See sub-classifications below.

Large L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Section 9.31.140,
Family Day Care,
Large
Small L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Group Residential MUP MUP,
L(3) MUP, L(1) MUP, L(1) MUP MUP MUP Section 9.31.155, Group Residential Senior Group Residential P L(3) P P P P P Section 9.31.155, Group Residential
Low Barrier Navigation
Centers P P P P P P P
Section 9.31.175,
Low Barrier
Navigation
Centers
Residential Facilities See sub-classifications below.

Residential Care, General P L(3) L(1) L(1) P L(1) L(1) Section 9.31.270, Residential Care
Facilities
Residential Care, Limited P P L(1) L(1) P P P
Residential Care, Senior P L(9) L(1) L(1) P L(9) L(9)
Hospice, General P L(3) L(1) L(1) P L(1) L(1) Section 9.31.270, Residential Care
Facilities Hospice, Limited P P L(1) L(1) P P P
Single-Room Occupancy
Housing L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Section 9.31.330,
Single Room
Occupancy
Structures
Supportive Housing P P L(1) L(1) P P P
Transitional Housing P P L(1) L(1) P P P
Public and Semi-Public Uses

12.A.b
Packet Pg. 1113 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 14 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
Adult Day Care L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Child Care and Early
Education Facilities P P P P P P P
Section 9.31.120,
Child Care and
Early Education
Facilities
Colleges and Trade Schools,
Public or Private CUP L(1) L(1) L(1) L(1) L(1) L(1)
Community Assembly L(7)/CUP CUP L(15) P CUP L(1) L(7)/
CUP
Section 9.31.100,
Community
Assembly
Community Gardens P P - P P P P
Cultural Facilities P P P P P P P
Hospitals and Clinics P P L(1) L(1) P - P
Community Clinic L(29) L(29) L(29) L(29) L(29) L(29) L(29) Park and Recreation Facilities,
Public P P P P P P P
Public Safety Facilities P P P P P P P
Schools, Public or Private CUP L(3) L(1) P P - CUP
Social Service Centers P P - P P P P
Section 9.31.350,
Social Service
Centers
Commercial Uses
Animal Care, Sales, and
Services See sub-classifications below.

Grooming and Pet Stores L(5)/CUP L(5)/CUP P L(5)/CUP L(5)/ CUP
L(5)/
CUP
L(5)/
CUP
No more than 10
dogs or cats can
be kept overnight
Pet Day Care Services MUP MUP - MUP MUP MUP MUP
Veterinary Services MUP MUP - MUP MUP - MUP
Automobile/Vehicle Sales and
Service See sub-classifications below.

Alternative Fuels and
Recharging Facilities
CUP/
L(19)
CUP/
L(19) - - CUP/ L(19) - -
Automobile Rental L(10) L(10) L(10) L(10) L(10) L(10) L(10) Section 9.31.050,
Automobile
Rental
Automobile Storage Use - - - - - - -
Section 9.31.070
Automobile/Vehi
cle Sales,
Leasing, and
Storage
New Automobile/Vehicle
Sales and Leasing
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/C
UP
- -
Additions 7,500 sq ft or
less to Automobile/
Vehicle Sales and
Leasing buildings
existing as of 7/06/2010
L(20)/
MUP
- - - - - -
Additions larger than
7,500 sq ft to
Automobile/Vehicle Sales
and Leasing buildings
existing as of 7/06/2010
L(20)/
CUP
- - - - - -
Automobile/Vehicle Repair,
Major
L(19) - - - - - - Section 9.31.060,
Automobile/Vehi
cle Repair, Major
and Minor
Automobile/Vehicle Service
and Repair, Minor
L(19) - - - - - -
Automobile/Vehicle
Washing
L(19) - - - - - - Section 9.31.080,
Automobile/Vehi

12.A.b
Packet Pg. 1114 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 15 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
cle Washing
Service Station L(19) L(19) - - L(19) - - Section 9.31.320, Service Stations
Towing and Impound - - - - - - -
Banks and Financial
Institutions
See sub-classifications below.

Banks and Credit Unions L(4)/CUP L(3),
L(5)/CUP
- - L(4)/
CUP
L(4)/
CUP
L(4)/
CUP
Check Cashing Businesses - - - - - - -
Business Services L(5)/CUP L(5)/CUP L(15) L(5)/CUP L(5)/ CUP
L(5)/
CUP
L(5)/
CUP
Commercial Entertainment and
Recreation See sub-classifications below.

Cinemas & Theaters, up to
99 seats
- CUP P P P - -
Cinemas & Theaters, more
than 99 seats
- - P CUP CUP - -
Convention and Conference
Centers

CUP CUP P CUP CUP CUP CUP
Large-Scale Facility L(21)/
CUP
L(21)/
CUP
L(21)/CU
P
L(21)/ CUP L(21)/
CUP
L(21)/
CUP
-
Small-Scale Facility L(5)/CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/C UP
L(5)/
CUP
L(5)/
CUP
Section 9.31.340
Small Scale
Facility
Fortunetelling P P P P P P P
Eating and Drinking
Establishments See sub-classifications below.

Bars/Nightclubs/Lounges CUP CUP CUP CUP CUP CUP(1
0)
- Section 9.31.040,
Alcoholic
Beverage Sales
Restaurants, Full-Service,
Limited Service & Take-Out
(2,500 sq ft and smaller,
including Outdoor Dining
and Seating)
P P P P P P P Section 9.31.040,
Alcoholic
Beverage Sales
Section 9.31.280,
Restaurants,
Limited Service,
and Take-Out
Only
Section 9.31.200,
Outdoor Dining
and Seating
Section 9.31.290,
Restaurants with
Entertainment
Restaurants, Full-Service,
Limited Service & Take-Out
(2,501 – 5,000 sq ft,
including Outdoor Dining
and Seating)

P P P P P P P
Restaurants, Full-Service,
Limited Service & Take-Out
(greater than 5,000 sq ft,
including Outdoor Dining
and Seating)

CUP P P P P P CUP
Food Hall (up to 175 seats) CUP CUP P CUP CUP CUP CUP
Equipment Rental - - - - L(5)/C
UP
- -
Food and Beverage Sales See sub-classifications below.

Convenience Market CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/C UP
L(5)/
CUP
- Section 9.31.040,
Alcoholic
Beverage Sales
Farmer’s Market CUP P P P P P P
General Market L(12)/ L(12)/ L(12)/ L(12)/ CUP L(12)/ L(12)/ L(12) Section 9.31.040,

12.A.b
Packet Pg. 1115 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 16 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
CUP CUP CUP CUP CUP / CUP Alcoholic
Liquor Stores CUP CUP CUP CUP CUP CUP Beverage Sales -
Funeral Parlors and Mortuaries CUP - - - - - -
Instructional Services L(5)/CUP L(3),
L(5)/CUP
L(1),
L(5)/CUP
L(5)/CUP L(5)/C
UP
L(1),
L(5)/
CUP
L(1),
L(5)/
CUP
Live-Work L(13) L(3)(13) L(1)(13) L(13) L(13) L(1)(1
3)
L(13) Section 9.31.170,
Live-Work Units
Lodging See sub-classifications below.

Bed and Breakfast MUP MUP MUP MUP MUP MUP MUP Section 9.31.090, Bed and
Breakfasts
Hotels and Motels CUP CUP CUP CUP CUP CUP CUP,
L(19)
Maintenance and Repair
Services
L(5)/CUP - - - - - -
Nurseries and Garden Centers L(5)/CUP L(5)/CUP - L(5)/CUP L(5)/C UP
- L(5)/
CUP
Section 9.31.220,
Outdoor Retail
Display and Sales
Offices See sub-classifications below.

Business and Professional L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/C
UP
L(1) L(1)
Creative L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/C
UP
L(1) L(1)
Medical and Dental L(14)/
CUP
L(3),
L(5)/CUP
P L(1) L(3),
L(5)/C
UP
L(1) L(1)
Walk-In Clientele L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(5)/CUP L(3),
L(5)/C
UP
L(5)/
CUP
L(5)/
CUP
Outdoor Newsstands MUP MUP MUP MUP MUP MUP MUP Section 9.31.210, Outdoor
Newsstands
Parking, Public or Private CUP CUP - CUP CUP,
L(11)
- CUP
Personal Services See sub-classifications below.

General Personal Services L(5)/CUP L(5)/CUP P L(5)/CUP L(5)/C UP
- L(5)/
CUP
Section 9.31.230,
Personal Service
Physical Training L(17),
L(5)/CUP
L(17),
L(5)/CUP
L(17),
L(21)/CU
P
L(17),
L(5)/CUP
L(17),
L(5)/C
UP
L(17),
L(5)/
CUP
L(17),
L(5)/
CUP
Tattoo or Body Modification
Parlor
P P P P P P P Section 9.31.230,
Personal Service
Retail Sales See sub-classifications below.

Building Materials Sales
and Services

P - - - - - -
Section 9.31.220,
Outdoor Retail
Display and Sales
General Retail Sales, SmallScaleL(5)/CUP L(5)/CUP P L(5)/CUP L(5)/ CUP
L(5)/
CUP
L(5)/
CUP
General Retail Sales,
Medium-Scale

CUP CUP P CUP CUP - CUP
General Retail Sales, LargeScale- - - - - - -
Medical Marijuana
Dispensaries
CUPP -P -P -P -P -P -P Section 9.31.185,
Medical

12.A.b
Packet Pg. 1116 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 17 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
Cannabis Retailers Marijuana
Dispensaries
Section 9.31.095
Cannabis
Retailers
Pawn Shops - - - - - - -
Swap Meets - - - - - - -
Industrial Uses
Artist’s Studio P P L(2) L(1) P P P
Commercial Kitchens - - - CUP - -
Industry, Limited - - L(2),
L(23)
- - - -
Media Production See sub-classifications below.

Support Facilities L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/C
UP
L(1) L(1)
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P P P - P
City Bike Share Facility P P P P P P P
Communication Facilities See sub-classifications below.

Antennas and Transmission
Towers
- - - - - - -
Equipment within Buildings - - - - - - -
Light Fleet-Based Services - - - - MUP - -
Utilities, Major L(18) - - - - - -
Utilities, Minor P P P P P P P
Specific Limitations:
(1) Limited to upper floors, and on the ground floor where the entire tenant space shall be located at least 25 feet from the front property line, except for residential units shall be limited to upper floors only. (2) A minimum depth of 25 feet from the front parcel line adjacent to a street for the entire ground-floor street frontage shall be designed to accommodate interactive uses. For purposes of this limitation, interactive uses shall be commercial uses with an interactive element, including, but not limited to, retail sales, exhibitions, displays, demonstrations, or instruction. (3) Between 4th and 7th Court, permitted in mid-block parcels on the ground floor and upper floors. On all other parcels, permitted anywhere on the ground floor if the space has street frontage and was occupied by office on, or is vacant but was occupied by office in the 12 months preceding, the date this Ordinance is effective; otherwise, permitted on upper floors and on the ground floor where the entire tenant space including the primary entry is located at least 50 feet from the front property line.
(4) Permitted except no ground floor tenant space shall exceed 20 linear feet of ground floor street frontage without a Conditional Use Permit.
(5) Permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective. Permitted in new buildings, except:
(a) No individual ground floor tenant space shall occupy more than 7,500 square feet of floor area and/or exceed 50 linear feet of ground floor street frontage without a Conditional Use Permit. (b) Ground floor tenant spaces in the Santa Monica Place are not subject to size limitations. (6) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency shelters with 55 or more beds.
(7) Any community assembly facility abutting a residential district shall require approval of a Conditional Use Permit. (8) Limited to automobile/vehicle dealer showrooms only which must display one alternative fuel automobile/vehicle if such an automobile/vehicle is available in the dealer’s fleet, and limited to six showrooms in the Third Street Promenade Area. (9) Facilities for 6 or fewer residents are permitted by right. Facilities for more than 6 residents shall be subject to L(1) if located in the OT and WT zoning districts and L(3) if located in the NV zoning district. (10) Permitted as an ancillary use to support a primary use. (11) Limited to public parking facilities only.

12.A.b
Packet Pg. 1117 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 18 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
(12) General markets greater than 15,000 square feet require approval of a Conditional Use Permit, except general markets in the Mixed-Use Boulevard district greater than 25,000 square feet require approval of a Conditional Use Permit. (13) If the commercial use requires a MUP or CUP, an application shall be required in accordance with SMMC, 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 users that generate airborne particulates in a unit with an unenclosed kitchen. (14) All new construction requires approval of a Conditional Use Permit or permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective, except:
(a) New additions of 50% or more additional square footage to an existing building at any one time, or incrementally, after the effective date of the ordinance codified in this Chapter, requires approval of a Conditional Use Permit. (b) No ground floor, street-fronting, non-office or non-media production support facility use, non-medical or non-dental office use tenant space shall be changed into an individual office use or a media production support facility use, or individual medical or dental office use occupying more than 7,500 square feet of floor area and/or exceeding 50 linear feet of street frontage without the approval of a Conditional Use Permit. (15) Limited to the ground floor with frontage along 2nd Court and 3rd Court alleys or to upper floors. (16) Limited to public parking facilities only.
(17) Youth-serving personal services, physical training requires review and approval of passenger loading and drop-off plan by the Director.
(18) Limited to electric distribution substations.
(19) Limited to legally established existing uses as of the date this Specific Plan is effective. (20) Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships conforming to the urban auto dealership format standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing and Storage are permitted. Expansions to existing dealerships of 7,500 square feet or less that do not conform to the urban auto dealership format standards shall require an MUP. Expansions to existing dealerships larger than 7,500 square feet that do not conform to the urban auto dealership formal standards shall require a CUP. (21) No individual Fitness Center tenant space shall exceed 100 linear feet of ground floor street frontage without the approval of a Conditional Use Permit.
(22) Reserved.
(23) Excludes commercial laundries and dry cleaning plants, monument works, medicinal cannabis, and medicinal cannabis products.
(24) Reserved
(25) Reserved
(26) Reserved
(27) Reserved
(28) Reserved
(29) Permitted if all objective planning standards set forth in Government Code Section 65914.900 are met.

12.A.b
Packet Pg. 1118 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 19 CHAPTER 9.11 MIXED-USE AND COMMERCIAL DISTRICTS

9.11.020 Land Use Regulations
Table 9.11.020 prescribes the land use regulations for Mixed-Use and Commercial 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.

12.A.b
Packet Pg. 1119 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 20 TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Dwelling P P P L(1) Section 9.31.195, Multiple-Unit Dwelling Projects
Senior Citizen Multiple-Unit Dwelling P P P L(1) Section 9.31.195, Multiple-Unit Dwelling Projects
Housing Types for Specific Uses
Congregate Housing P P P P Section 9.31.110, Congregate Housing
Elderly and Long-Term Care P P P –
Emergency Shelters L(3)/CUP L(3)/CUP L(3)/CUP L(3)/CUP Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.

Large P P P P Section 9.31.140, Family Day
Care, Large
Small P P P P
Group Residential MUP MUP MUP MUP Section 9.31.155, Group Residential
Senior Group Residential P P P P Section 9.31.155, Group Residential
Low Barrier Navigation Centers P P P P Section 9.31.175, Low Barrier Navigation Centers
Residential Facilities See sub-classifications below.

Residential Care, General P P P P Section 9.31.270, Residential Care Facilities
Residential Care, Limited P P P P Section 9.31.270, Residential Care Facilities
Residential Care, Senior P P P P Section 9.31.270, Residential Care Facilities
Hospice, General P P P P Section 9.31.270, Residential
Care Facilities
Hospice, Limited P P P P Section 9.31.270, Residential
Care Facilities
Single-Room Occupancy Housing P P P P Section 9.31.330, Single Room Occupancy Structures
Supportive Housing P P P P
Transitional Housing P P P P
Public and Semi-Public Uses
Adult Day Care P P P L(2)/CUP
Child Care and Early Education Facilities P P P L(2)/CUP Section 9.31.120, Child Care and Early Education Facilities
Colleges and Trade Schools, Public or Private CUP CUP P CUP Community Assembly L(18)/CUP L(18)/CUP L(18)/CUP L(18)/CUP Section 9.31.100, Community Assembly
Community Gardens P P P P
Cultural Facilities P P P L(2)/CUP
Hospitals and Clinics – P CUP –

12.A.b
Packet Pg. 1120 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 21 TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Community Clinic L(22) L(22) L(22) L(22)
Park and Recreation Facilities, Public P P P P
Public Safety Facilities P P P CUP
Schools, Public or Private P CUP CUP P
Social Service Centers P P P P Section 9.31.350, Social Service Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.

Grooming and Pet Stores L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP No more than 10 dogs or cats may be kept overnight
Pet Day Care Services MUP MUP MUP MUP
Veterinary Services MUP MUP MUP MUP
Automobile/Vehicle Sales and Service See sub-classifications below.

Alternative Fuels and Recharging
Facilities CUP CUP CUP CUP
Automobile Rental CUP MUP MUP – Section 9.31.050, Automobile Rental
Automobile Storage Use L(4)/CUP – – –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
New Automobile/Vehicle Sales and Leasing – – CUP(6) –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Additions 7,500 square feet or less to
Automobile/Vehicle Sales and Leasing
buildings existing as of 07/06/2010
L(5)/MUP L(5)/MUP L(5)/MUP –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Additions larger than 7,500 square feet to
Automobile/
Vehicle Sales and Leasing buildings
existing as of 07/06/2010
CUP (5) CUP (5) CUP (5) –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Automobile/Vehicle Repair, Major – – CUP –
Section 9.31.060,
Automobile/Vehicle Repair,
Major and Minor
Automobile/Vehicle Service and Repair,
Minor CUP – CUP –
Section 9.31.060,
Automobile/Vehicle Repair,
Major and Minor
Automobile/Vehicle Washing – – CUP – Section 9.31.080,
Automobile/Vehicle Washing
Service Station CUP CUP MUP – Section 9.31.320, Service Stations Towing and Impound – – CUP –
Banks and Financial Institutions See sub-classifications below.

Banks and Credit Unions L(2)/CUP L(2)/CUP L(2)/CUP L(2)/CUP Check Cashing Businesses – – – –
Business Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Commercial Entertainment and Recreation See sub-classifications below.

Cinemas L(7) – – L(7)
Theaters L(8)/CUP L(8)/CUP L(8)/CUP L(8)/CUP
Convention and Conference Centers – CUP CUP –
Large-Scale Facility CUP CUP CUP -
Small-Scale Facility L(9)/CUP L(9)/CUP L(9)/CUP CUP (16) Section 9.31.340, Small-Scale Facility, Game Arcades
Fortunetelling P P P P
Eating and Drinking Establishments See sub-classifications below.

12.A.b
Packet Pg. 1121 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 22 TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Bars/Nightclubs/Lounges CUP CUP CUP - Section 9.31.040, Alcoholic Beverage Sales
Restaurants, Full-Service, Limited Service
& Take-Out (2,500 square feet and smaller,
including Outdoor Dining and Seating)

P P P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.290, Restaurants
With Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service
& Take-Out (greater than 5,000 square
feet, including Outdoor Dining and
Seating)
CUP CUP CUP CUP (10)(11)
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.290, Restaurants
With Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Food Hall (up to 175 seats) CUP CUP CUP CUP
Equipment Rental – L(19)/CUP L(19)/CUP –
Food and Beverage Sales See sub-classifications below.

Convenience Market CUP CUP CUP CUP Section 9.31.040, Alcoholic Beverage Sales
Farmers Markets CUP CUP CUP CUP
General Market L(12)/CUP L(12)/CUP L(12)/CUP L(12)/CUP Section 9.31.040, Alcoholic Beverage Sales
Liquor Stores CUP CUP CUP CUP Section 9.31.040, Alcoholic Beverage Sales
Funeral Parlors and Mortuaries – CUP CUP –
Instructional Services L(19)/CUP L(19)/CUP L(19)/CUP L(17)/CUP Live-Work L(14) L(14) L(14) L(14) Section 9.31.170, Live-Work Lodging See sub-classifications below.

Bed and Breakfast MUP MUP MUP MUP Section 9.31.090, Bed and Breakfasts
Hotels and Motels CUP CUP CUP –
Maintenance and Repair Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Nurseries and Garden Centers L(19)/CUP L(19)/CUP L(19)/CUP L(17)/CUP Section 9.31.220, Outdoor Retail Display and Sales
Offices See sub-classifications below.

Business and Professional L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Creative L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Medical and Dental L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Walk-In Clientele L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Outdoor Newsstands MUP MUP MUP MUP Section 9.31.210, Outdoor

12.A.b
Packet Pg. 1122 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 23 TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Newsstands
Parking, Public or Private CUP CUP CUP CUP
Personal Services See sub-classifications below.

General Personal Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Section 9.31.230, Personal Service
Personal Services, Physical Training L(19)(20) L(19)(20) L(19)(20) L(2)(20)/CUP Tattoo or Body Modification Parlor P P P P Section 9.31.230, Personal Service
Retail Sales See sub-classifications below.

Building Materials Sales and Services – – CUP – Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Small-Scale L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Medium-Scale CUP CUP L(19)/CUP – Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Large-Scale – – CUP – Section 9.31.220, Outdoor Retail Display and Sales
Medical Marijuana Dispensaries Cannabis
Retailers CUP(15)P CUP(15)P CUP(15)P –P
Section 9.31.185, Medical
Marijuana Dispensaries 9.31.095
Cannabis Retailers
Pawn Shops – – – –
Swap Meets – – CUP – Section 9.31.360, Swap Meets
Industrial Uses
Artist’s Studio P P P P
Commercial Kitchens – – CUP –
Media Production See sub-classifications below.

Support Facilities L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P P
City Bikeshare Facility P P P P
Communication Facilities See sub-classifications below.

Antennas and Transmission Towers – – CUP – Chapter 9.32, Personal Wireless Service Facilities
Equipment within Buildings – – P –
Light Fleet-Based Services – – CUP –
Utilities, Major – L(13) L(13) –
Utilities, Minor P P P P
Specific Limitations:
(1) Limited to the upper floors and areas not subject to the Active Use Requirement set forth in Section 9.11.030(A) for parcels located on Main Street, Montana Avenue, Pico Boulevard, and Ocean Park Boulevard. Permitted on all floors for all other parcels.
(2) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: Limited to facilities with no more than 7,500 square feet of floor area and/or 40 linear feet of ground floor street frontage; greater area and/or width requires approval of a Conditional Use Permit. (3) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency shelters with 55 or more beds.
(4) Limited to automobile storage use associated with existing automobile dealerships selling new vehicles; otherwise, requires Conditional Use Permit.
(5) Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships conforming to the Urban Auto Dealership Format standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage are permitted. Expansions to existing dealerships that do not conform to the Urban Auto Dealership Format standards shall require a MUP or CUP.

12.A.b
Packet Pg. 1123 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 24 TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations (6) New auto dealerships may be allowed, subject to approval of a Conditional Use Permit, only on sites with frontage on Santa Monica Boulevard between Lincoln Boulevard and 20th Street on Lincoln Boulevard between Interstate 10 and Santa Monica Boulevard. In other locations, new automobile dealerships are not permitted. (7) Limited to existing cinema buildings. New cinemas are not permitted. (8) Limited to theaters with 75 or fewer seats. Theaters with more than 75 seats require Conditional Use Permit. (9) Limited to exercise facilities (e.g., yoga, Pilates, martial arts, and dance studios) and arts instruction facilities. Other small-scale commercial recreation uses require approval of a Conditional Use Permit. (10) Limited to restaurants with 50 or fewer seats.
(11) Limited to 2 restaurants greater than 5,000 square feet per block along Main Street. A block is defined as both sides of Main Street and the adjacent sides of adjoining side streets. Portions of Main Street to be designated a “block” for the purpose of this Section are as follows:

Block 1: South City limits to Marine Street.

Block 2: Marine Street to Pier Avenue.

Block 3: Pier Avenue to Ashland Avenue.

Block 4: Ashland Avenue to Hill.

Block 5: Hill to Ocean Park Boulevard.

Block 6: Ocean Park Boulevard to Hollister Avenue (total of four restaurants and bars permitted in this block).

Block 7: Hollister Avenue to Strand.

Block 8: Strand to Pacific.

Block 9: Pacific to Bicknell.

Block 10: Bicknell to Bay.

Block 11: Bay to Pico Boulevard.
(12) General markets greater than 15,000 square feet require a Conditional Use Permit. In the Neighborhood Commercial District, establishments shall not exceed 25,000 square feet of floor area. (13) Limited to electric distribution substations.
(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.
(15) Medical marijuana dispensaries are limited to the following locations:
• MUB District along Wilshire Boulevard between Lincoln Boulevard and Centinela Avenue; • GC District along Santa Monica Boulevard between Lincoln Boulevard and 20th Street; and • MUBL District along Santa Monica Boulevard between 23rd Street and Centinela Avenue. (16) Limited to facilities of no more than 3,000 square feet of floor area. (17) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: No individual tenant space in the NC District shall occupy more than 7,500 square feet of floor area and/or exceed 50 linear feet of ground floor street frontage without the approval of a Conditional Use Permit. (18) Any community assembly facility abutting a residential district shall require a Conditional Use Permit. (19) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: No individual tenant space in the MUBL, MUB, and GC Districts shall occupy more than 12,500 square feet of floor area and/or exceed 75 linear feet of ground floor street frontage without the approval of a Conditional Use Permit.
(20) Youth-serving personal services, physical training requires review and approval of a passenger loading and drop-off plan by the Director.
(21) Permitted if within buildings existing as of July 24, 2015, subject to the active use requirement set forth in Section

9.11.030(A)(1), except:
• All new construction, including new additions of 50% or more additional square footage to an existing building at any one time, or incrementally, after the effective date of this Ordinance, requires approval of a Conditional Use Permit. • In the NC District, ground floor, street-fronting, tenant space occupied by non-media production, support facility uses shall not be changed to an individual office use or media production, support facility use occupying more than 12,500 square feet of floor area and/or exceeding 75 linear feet of street frontage without the approval of a Conditional Use Permit. • In the NC District, no non-medical or non-dental office use tenant space shall be changed to an individual medical or dental office use anywhere in an existing building occupying more than 7,500 square feet of floor area and/or exceeding 50 linear feet of ground floor street frontage without the approval of a Conditional Use Permit. • In the MUBL, MUB, and GC Districts, no non-medical or non-dental office use tenant space shall be changed to an individual medical or dental office use anywhere in an existing building occupying more than 12,500 square feet of floor area and/or exceeding 75 linear feet of ground floor street frontage without approval of a Conditional Use Permit. (22) Permitted if all objective planning standards set forth in Government Code Section 65914.900 are met.

12.A.b
Packet Pg. 1124 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 25 9.11.030 Development Standards
Table 9.11.030.A, Development Standards for All Projects, Except Housing Projects, prescribes the development standards for all projects, except housing projects, as defined by Section 9.52.020.1125, in Mixed-Use and Commercial Districts. Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses. Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to subsections that directly follow the table.

TABLE 9.11.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — MIXEDUSE AND COMMERCIAL DISTRICTS Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln &
Pico
Blvds)
NC NC
(Main St)
NC
(Ocean
Park Blvd
&
Montana
Ave)
Additional
Regulations
Parcel and Intensity Standards
Minimum Parcel Size (sq.
ft.) 7,500 7,500 7,500 7,500 5,000 5,000 5,000
See (F),
Consolidation of
Parcels
Minimum Parcel Width (ft.) 50 50 50 50 50 50 50
Minimum Parcel Depth (ft.) 150 150 150 150 100 100 100
Maximum FAR
Section 9.04.090,
Determining Floor
Area Ratio in
Non-Residential
Zoning Districts
Tier 1 — Base Standard 1.25 1.25 1.0 1.25 1.25 0.75 0.75 Tier 1 — Projects
Including On-Site
Affordable Housing in
Compliance with AHPP

1.5 1.5 1.25 1.5 1.5 1.0 1.0
Chapter 9.64,
Affordable Housing
Production Program
Tier 2 — With Provision
of Community Benefits 1.75 2.25 1.5

1.75 (2.0 if
on-site
affordable
housing
provided)
NA NA NA Chapter 9.23,
Community Benefits
Building Form and Location
Maximum Building Height (stories/ft.) Section 9.04.050, Measuring Height
Tier 1 — Base Standard 2/32′ 2/32′ 2/32′ 2/32′ 2/32′ 2/27′ 2/32′ Tier 1 — Projects
Including On-Site
Affordable Housing in
Compliance with AHPP
3/36′
3/39′ if
100%
residential
above
ground
floor, 3/35′
for all
other
projects
NA 3/36′ 2/32′ 2/27′ 2/32′
Chapter 9.64,
Affordable Housing
Production Program

12.A.b
Packet Pg. 1125 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 26 TABLE 9.11.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — MIXEDUSE AND COMMERCIAL DISTRICTS Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln &
Pico
Blvds)
NC NC
(Main St)
NC
(Ocean
Park Blvd
&
Montana
Ave)
Additional
Regulations
Tier 2 —With Provision of
Community Benefits 3/36′ 3/45′ 2/35′
3/32′
(3/36′ if
on-site
affordable
housing
provided)
NA NA NA Chapter 9.23,
Community Benefits
Tier 2 —
With Provision of
Community Benefits and
100% Residential Above
the Ground Floor
No limit to
stories/36′
No limit to
stories/50′
No limit to
stories/35′
No limit to
stories/32′
(36′ if onsite
affordable
housing
provided)
NA NA NA Chapter 9.23,
Community Benefits
Minimum Ground Floor
Height (ft.) 11′ 11′ 11′ 11′ 11′ 11′ 11′
Maximum Building Footprint (sq. ft.)
Tier 1 25,000 25,000 25,000 15,000 10,000 10,000 10,000 Tier 2 — With Provision
of Community Benefits 35,000 35,000 35,000 20,000 15,000 15,000 15,000 Chapter 9.23, Community Benefits Minimum Setbacks (ft.)
Interior Side and Rear—
Adjacent to Residential
District
10 10 10 10 10 10
See (E) 10
Section 9.21.110,
Projections from
Buildings into
Minimum Setbacks
and Daylight Plane
Parking See Sections 9.28.070, Location of Parking and 9.28.120, Parking Design and Development Standards Active Commercial Design See (A) See (A) See (A) See (A) See (A) See (A) See (A) Pedestrian Oriented Design See (B) See (B) See (B) See (B) See (B) See (B) See (B) Build-To Line,
Nonresidential Uses See (C) See (C) See (C) See (C) See (C) See (C) See (C) Minimum Upper-Story Stepbacks (ft.)—Required Above the Ground Floor Street-Facing Façades 5′ average 5′ average 5′ average 5′ average 5′ average 5′ average 5′ average
Daylight Plane Adjacent to
Residential District—Interior
Side and Rear
See (D) See (D) See (D) See (D) See (D) See (D) See (D) Section 9.21.060, Height Projections
Standards for Residential Uses
Minimum Outdoor Living
Area (sq. ft./unit)—Sites
with 3 or More Units
(including private and
common)
100 100 100 100 100 100 100 Section 9.21.090,
Outdoor Living Area
Minimum Amount
Provided as Private
Outdoor Living Area (sq.
ft./unit)
60 60 60 60 60 60 60 Section 9.21.090,
Outdoor Living Area
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food Service Section 9.31.030, Accessory Food Service Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing
Production Program Chapter 9.64, Affordable Housing Production Program

12.A.b
Packet Pg. 1126 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 27 TABLE 9.11.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — MIXEDUSE AND COMMERCIAL DISTRICTS Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln &
Pico
Blvds)
NC NC
(Main St)
NC
(Ocean
Park Blvd
&
Montana
Ave)
Additional
Regulations
Automobile/ Vehicle Sales,
Leasing, and Storage Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage Density Bonus Chapter 9.22, Density Bonus
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling
Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping and Street
Trees Subsection 9.11.030(F), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling
Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling
Projects Located on
Community Assembly
Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Off-Street Parking and
Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Height
Limits
Section 9.21.060, Height Projections
Projections into Required
Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane Refuse and Recycling
Screening and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems Table 9.11.030.B, Development Standards For Housing Projects, prescribes the development standards for housing projects, as defined by Section 9.52.020.1125, in Mixed-Use and Commercial Districts. Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses. Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to subsections that directly follow the table.

12.A.b
Packet Pg. 1127 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 28 TABLE 9.11.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — MIXED- USE AND COMMERCIAL DISTRICTS Standard
MUBL
(N. of
I-10)
MUBL
(Pico
Blvd)
MUBL
(Lincoln Blvd
& Main St)
MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln
Blvd)
GC
(Pico
Blvd)
NC
NC
(Main St, Ocean
Park Blvd, &
Montana Ave)
Additional
Regulations
Parcel and Intensity Standards
Minimum Parcel
Size (sq. ft.) 7,500 7,500 7,500 7,500 7,500 7,500 7,500 5,000 5,000 See (F), Consolidation of Parcels Minimum Parcel
Width (ft.) 50 50 50 50 50 50 50 50 50
Minimum Parcel
Depth (ft.) 150 150 150 150 150 150 150 100 100
Maximum FAR
Section 9.04.090,
Determining Floor
Area Ratio in NonResidential Zoning
Districts
Housing
Projects 3.25

2.0 (2.5 west
of
Lincoln
Blvd)

2.5 3.25 3.25 2.5 2.0 2.25 2.5
100%
Affordable
Housing
Projects

3.75 2.5
(3.0 west
of
Lincoln
Blvd)

3.0 3.75 3.75 3.0 2.5 2.75 3.0
Building Form and Location
Maximum Building Height (ft.) Section 9.04.050,
Measuring Height
Housing
Projects 70’
45’
(55’
west of
Lincoln
Blvd)
55’ 70’ 70’ 55’ 45’ 50’ 55’
100%
Affordable
Housing
Projects
80’
55’
(65’
west of
Lincoln
Blvd)
65’ 80’ 80’ 65’ 55’ 60’ 65’
Minimum
Ground Floor
Height (ft.)
11’ 11’ 11’ 11’ 11’ 11’ 11’ 11’ 11’
Maximum Building Footprint (sq. ft.)
Housing
Projects 35,000 35,000 35,000 35,000 35,000 20,000 20,000 15,000 15,000 Minimum Setbacks (ft.)
Interior Side
and Rear —
Adjacent to
Residential
District
10 10 10 10 10 10 10 10 10
See (E)
Section 9.21.110,
Projections from
Buildings into
Minimum Setbacks and
Daylight Plane
Active
Commercial
Design
See (A) See (A) See (A) See (A) See (A) See (A) See (A) See (A) See (A) Pedestrian
Oriented Design See (B) See (B) See (B) See (B) See (B) See (B) See (B) See (B) See (B) Build-To Line,
Nonresidential
Uses
See (C) See (C) See (C) See (C) See (C) See (C) See (C) See (C) See (C)

12.A.b
Packet Pg. 1128 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 29 TABLE 9.11.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — MIXED- USE AND COMMERCIAL DISTRICTS Standard
MUBL
(N. of
I-10)
MUBL
(Pico
Blvd)
MUBL
(Lincoln Blvd
& Main St)
MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln
Blvd)
GC
(Pico
Blvd)
NC
NC
(Main St, Ocean
Park Blvd, &
Montana Ave)
Additional
Regulations
Minimum Upper-Story Stepbacks (ft.)—Required Above the Ground Floor Street-Facing
Façades 5′ average 5′ average 5′ average 5′ average 5′ average 5′ average 5’
average
5′
average 5′ average
Daylight Plane
Adjacent to
Residential
District—Interior
Side and Rear
See (D) See (D) See (D) See (D) See (D) See (D) See (D) See (D) See (D) Section 9.21.060, Height Projections
Standards for Residential Uses
Minimum
Outdoor Living
Area (sq.
ft./unit)—Sites
with 3 or More
Units (including
private and
common)
100 100 100 100 100 100 100 100 100 Section 9.21.090,
Outdoor Living Area
Minimum
Amount
Provided as
Private
Outdoor
Living Area
(sq. ft./unit)
60 60 60 60 60 60 60 60 60 Section 9.21.090,
Outdoor Living Area
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food Service Section 9.31.030, Accessory Food Service Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing Production Program Chapter 9.64, Affordable Housing Production Program Automobile/ Vehicle Sales, Leasing, and
Storage Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage Density Bonus Chapter 9.22, Density Bonus
Fences, Walls, and Hedges Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping and Street Trees Subsection 9.11.030(F), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects Located
on Community Assembly Surface Parking
Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Height Limits Section 9.21.060, Height Projections Projections into Required Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane Refuse and Recycling Screening and
Enclosure Section 9.21.130, Resource Recovery and Recycling Standards Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems

12.A.b
Packet Pg. 1129 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 30 A. Active Ground Floor Use and Design.

1. Active Use Requirement. Except as exempted in subsection A(3), below, the ground-floor street frontage of buildings on defined Commercial Boulevards, within LUCE-designated Activity Centers, and within Neighborhood Commercial Districts on Main Street and Montana Avenue shall be required to have active use areas that accommodate commercial uses, subject to the following:
a. Active use areas are required to have a minimum average depth of 40 feet, but no less than 25 feet, for a minimum of 60% of the ground-floor frontage, to the maximum extent feasible.
b. Within LUCE-designated Activity Centers established pursuant to Chapter 9.18 and Neighborhood Commercial Districts on Main Street and Montana Avenue, uses within these active use areas shall be limited to the following:
i. Cultural facilities;
ii. Food and beverage sales;
iii. Eating and drinking establishments;
iv. Grooming and pet stores;
v. Banks and credit unions;
vi. Business services;
vii. Commercial entertainment, recreation, and instructional services; viii.General personal services and personal physical training; ix. General retail sales and cannabis retailers; and
x. Childcare facilities.

12.A.b
Packet Pg. 1130 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 31 c. In other commercial districts not identified in subsection (A)(1)(b), above, the following uses are prohibited within these active use areas:
i. Offices, with the following exceptions:
(1) Creative offices or offices with walk-in clientele, and (2) Offices within a structure that was designed, approved, and continuously used with office at the ground level, facing the street.

2. Active Commercial Design. Where an active use is required for new buildings, the ground-floor street frontage shall be designed to accommodate commercial uses and activities, subject to the following:
a. Street Facing Facades. A minimum of 50% of each street facing façade shall be transparent and include windows, doors, and other openings between 2.5 and 8 feet above finished grade. Openings fulfilling this requirement shall have transparent glazing or openings that provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displaying merchandise or other items other than signs that are at least 3 feet deep.

This requirement may be modified by the Architectural Review Board if it can be demonstrated that the fulfillment of this requirement materially interferes with the project’s ability to meet the requirements of Municipal Code Chapter 8.36 – Energy Code.

FIGURE 9.11.030.A: STREET-FACING FAÇADES

12.A.b
Packet Pg. 1131 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 32 b. A minimum of one pedestrian entrance facing the Commercial Boulevard.

3. Exemptions for Certain Housing Projects.
a. 100% Affordable Housing Projects. 100% Affordable Housing Projects are exempt from the provision of subsection A, except that 100% Affordable Housing Projects within the Neighborhood Commercial Districts on Main Street and Montana Avenue shall be subject to subsections (A)(1) (a) and (b).
b. All Other Housing Projects. Except as provided below, Housing Projects on defined Commercial Boulevards are exempt from the provisions of subsection (A).
i. Housing Projects located within the Neighborhood Commercial Districts on Pico Boulevard and Ocean Park Boulevard are subject to subsection (A)(1)(a).
ii. Housing Projects on defined Commercial Boulevards shall be subject to the limitation on office use set forth in subsection (A)(1)(c).

B. Pedestrian-Oriented Design.

1. No more than 20 feet or 40% of a building’s ground floor façade, whichever is less, may be continuous blank or featureless linear street-level frontage.

2. New development shall incorporate the following design elements at the ground floor level:
a. Street-Facing Facades.

12.A.b
Packet Pg. 1132 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 33 i. Articulated façades at the ground floor street frontage, which may include, but not necessarily require, such measures as indentation in plane, change of materials in a complimentary manner, sensitive composition and juxtaposition of openings and solid wall and/or building frame and projecting elements such as awnings and marquees to provide shade and shelter;
ii. Exterior lighting which provides for a secure nighttime pedestrian environment by reinforcing entrances, public sidewalks and open areas with a safe level of illumination which avoids off-site glare.
b. Ground-Floor Street Frontages Along Commercial Boulevards. The finished ground floor level along the Commercial Boulevard shall not exceed 18 inches lower or higher than the finished grade of the adjacent sidewalk. c. Sloped Ground-Floor Street Frontages Along Commercial Boulevards. On parcels with a grade change of 10% or more along the length of the parcel line adjacent to the Commercial Boulevard, the finished ground floor level along the Commercial Boulevard shall not exceed 18 inches lower or 3 feet higher than the finished grade of the adjacent sidewalk.

3. Residential uses at the ground floor street frontage shall incorporate planted areas, porches, front stairs, and/or other elements that contribute to a pedestrian environment. Pedestrian-oriented design elements may also include street furniture or other seating surfaces on private property and design amenities scaled to the pedestrian such as awnings, drinking fountains, paseos, arcades, colonnades, plazas, noncommercial community bulletin boards, public or private art, and alternative paving materials in areas of pedestrian access.

12.A.b
Packet Pg. 1133 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 34 4. When provided, storefront security grates or grilles shall be located inside exterior windows, shall be retractable into pockets or overhead cylinders, and shall be completely concealed when retracted.

5. Alternatives to the requirements of this Section 9.11.030(B) may be approved if the Review Authority finds that the proposed use has unique operational characteristics with which providing the required windows and openings is incompatible, and street-facing building walls will exhibit architectural relief and detail and be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

C. Build-To Line, Nonresidential Uses. Buildings with nonresidential uses on the ground floor and not facing a residential district shall be constructed no farther than 10 feet from the street facing property line(s) for 70% of linear street frontage. This requirement may be waived or modified subject to a discretionary approval upon finding that:

1. An alternative configuration can be approved based on the findings in Chapter 9.43, Modifications and Waivers, and the objectives of the Design Guidelines; and

2. Entry courtyards, plazas, small parks, entries, outdoor eating and display areas, or other uncovered areas designed and accessible for public use are located between the build-to line and building, provided that the buildings are built to the edge of the courtyard, plaza, small park, or dining area; and

3. The building incorporates an alternative entrance design that creates a pedestrian-oriented entry feature facing the street.

12.A.b
Packet Pg. 1134 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 35 D. Daylight Plane Adjacent to Residential Districts. Buildings shall not extend above a plane starting at 30 feet in height directly above the parcel line abutting any residentially-zoned parcel, or where there is an alley, the centerline of the alley, and from that point, extending in at a 45-degree angle from vertical toward the interior of the site.

The 30-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.

FIGURE 9.11.030.D: DAYLIGHT PLANE ADJACENT TO RESIDENTIAL DISTRICTS—MIXED-USE AND COMMERCIAL DISTRICTS
E. Parcels in the NC—Main Street District.

1. Use of Rear Setback. Commercial use in the required rear setback is not permitted. Noncommercial uses and parking are permitted in the rear setback to the rear property line on the ground level.

2. Use of Roof in Rear Setback. No portion of the first-floor roof within 15 feet of the rear property line may be used for any purpose other than access for building

12.A.b
Packet Pg. 1135 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 36 maintenance and repair. The remaining setback area may be privately used (not open to the public) if enclosed with a solid 6-foot barrier.

F. Consolidation of Parcels – NC Zoning District. Except for parcels identified on the 6th Cycle 2021-2029 Housing Element Suitable Sites Inventory, limits on the consolidation of parcels in the Neighborhood Commercial zoning districts shall apply to the following:

1. Montana Avenue, Ocean Park Boulevard, and Pico Boulevard. Parcels shall not be consolidated nor shall parcels be tied if such consolidation or parcel tie results in a parcel that exceeds 15,000 square feet in size.

2. Main Street. Parcels shall not be consolidated nor shall parcels be tied if such consolidation or parcel tie results in a parcel that exceeds the following:
a. For Housing Projects north of Ocean Park Boulevard, 15,000 square feet in size.
b. For Housing Projects south of Ocean Park Boulevard, 11,000 square feet in size.
c. For all other projects, 6,000 square feet in size.

G. Planting Areas. The following areas shall be landscaped:

1. Setback Areas Adjoining Streets. All visible portions of a required setback area adjoining a street that are not used for driveways or walks shall consist of planting areas, landscape, or pedestrian amenities such as entry courtyards, plazas, entries, outdoor eating and display areas, or other uncovered areas designed and accessible for public use.

12.A.b
Packet Pg. 1136 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 37 2. Interior and Rear Setback Areas. At least 50% of each required interior side and rear setback area shall be a planting area. The required planting area may be reduced to less than 50% of the setback area but no less than 3 feet in width in one side or rear setback area adjoining a driveway or when an approved nonresidential accessory structure occupies a portion of the rear setback area.

3. Adjoining R1 and R2 Districts. A continuous planting area with a minimum width of 5 feet shall be provided along interior parcel lines when a Mixed-Use and Commercial Districts adjoins an R1 or R2 District and is not separated by a public or private thoroughfare.

12.A.b
Packet Pg. 1137 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 38 4.1.1 CHAPTER 9.12 BERGAMOT DISTRICTS

9.12.020 Land Use Regulations
Table 9.12.020 prescribes the land use regulations for Bergamot 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.

12.A.b
Packet Pg. 1138 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 39 TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional Regulations Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Dwelling P P P P Section 9.31.195, Multiple-Unit Dwelling Projects
Senior Citizen Multiple-Unit Dwelling P P P P Section 9.31.195, Multiple-Unit Dwelling Projects
Housing Types for Specific Needs
Congregate Housing P P CUP CUP Section 9.31.110, Congregate Housing
Elderly and Long-Term Care P P CUP CUP
Emergency Shelters P P CUP CUP Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.

Large P P P P Section 9.31.140, Family Day
Care, Large
Small P P P P
Group Residential P P MUP MUP Section 9.31.155, Group
Residential
Senior Group Residential P P P P Section 9.31.155, Group Residential
Low Barrier Navigation Centers P P P P Section 9.31.175, Low Barrier Navigation Centers
Mobile Home Park - P - -
Residential Facilities See sub-classifications below.

Residential Care, General P P MUP MUP Section 9.31.270, Residential Care Facilities
Residential Care, Limited P P P P Section 9.31.270, Residential Care Facilities
Residential Care, Senior P P L(4)/MUP L(4)/MUP Section 9.31.270, Residential Care Facilities
Hospice, General P P MUP MUP Section 9.31.270, Residential Care Facilities
Hospice, Limited P P P P Section 9.31.270, Residential
Care Facilities
Single-Room Occupancy Housing P P P P Section 9.31.330, Single Room Occupancy Structures
Supportive Housing P P P P
Transitional Housing P P P P
Public and Semi-Public Uses
Adult Day Care P P - P
Child Care and Early Education Facilities P P - P Section 9.31.120, Child Care and Early Education Facilities
Colleges and Trade Schools, Public or Private CUP CUP CUP - Community Assembly CUP CUP CUP CUP Section 9.31.100, Community Assembly
Community Gardens P P P P
Cultural Facilities P P P P

12.A.b
Packet Pg. 1139 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 40 TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional Regulations Hospitals and Clinics L(11) L(11) - MUP, L(12)
Community Clinic L(5) L(5) L(5) L(5)
Park and Recreation Facilities, Public P P P P
Public Safety Facilities P P L(3) P
School, Public or Private CUP CUP CUP -
Social Service Centers P P - - Section 9.31.350, Social Service Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.

Grooming and Pet Stores P P P L(2)
Pet Day Care Services MUP MUP - MUP
Veterinary Services MUP MUP - MUP
Automobile/Vehicle Sales and Service See sub-classifications below.

Alternative Fuels and Recharging
Facilities - - - -
Automobile Rental - - - –
Automobile Storage Use - – – –
New Automobile/Vehicle Sales and
Leasing – – - –
Additions 7,500 square feet or less to
Automobile/Vehicle Sales and Leasing
buildings existing as of 07/06/2010
- - - –
Additions larger than 7,500 square
feet to Automobile/
Vehicle Sales and Leasing buildings
existing as of 07/06/2010
- - - –
Automobile/Vehicle Repair, Major – – - –
Automobile/Vehicle Service and Repair,
Minor - – - –
Automobile/Vehicle Washing – – - –
Service Station - - - –
Towing and Impound – – - –
Banks and Financial Institutions See sub-classifications below.

Banks and Credit Unions L(9)/CUP L(9)/CUP L(9)/CUP L(9)/CUP Check Cashing Businesses – – – –
Business Services P P P P
Commercial Entertainment and Recreation See sub-classifications below.

Cinemas & Theaters, up to 99 seats P P P P
Cinemas & Theaters, more than 99 seats CUP - - -
Convention and Conference Centers, less
than 25,000 sf CUP CUP CUP –
Convention and Conference Centers,
25,000 sf or greater CUP - - -
Large-Scale Facility L(10)/CUP L(10)/CUP L(10)/CUP L(10)/CUP Small-Scale Facility MUP MUP MUP MUP Section 9.31.340, Small-Scale Facility, Game Arcades
Fortunetelling P P P P
Eating and Drinking Establishments See sub-classifications below.

Bars/Nightclubs/Lounges CUP CUP MUP CUP Section 9.31.040, Alcoholic Beverage Sales
Restaurants, Full-Service, Limited Service
& Take-Out (2,500 square feet and P P P P Section 9.31.040, Alcoholic Beverage Sales

12.A.b
Packet Pg. 1140 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 41 TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional Regulations smaller, including Outdoor Dining and
Seating)
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.200, Outdoor
Dining and Seating
Section 9.31.290, Restaurants
With Entertainment
Restaurants, Full-Service, Limited Service
& Take-Out (2,501 – 5,000 square feet,
including Outdoor Dining and Seating)

P P P MUP
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.200, Outdoor
Dining and Seating
Section 9.31.290, Restaurants
With Entertainment
Restaurants, Full-Service, Limited Service
& Take-Out (greater than 5,000 square
feet, including Outdoor Dining and
Seating)

P P P MUP
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.200, Outdoor
Dining and Seating
Section 9.31.290, Restaurants
With Entertainment
Equipment Rental MUP MUP - MUP
Food and Beverage Sales See sub-classifications below.

Convenience Market L(2)/CUP L(2)/CUP L(2)/CUP L(2)CUP Section 9.31.040, Alcoholic Beverage Sales
Farmers Markets CUP CUP CUP CUP
General Market L(3)/CUP L(3)/CUP L(3)/CUP L(3)/CUP Section 9.31.040, Alcoholic Beverage Sales
Liquor Stores CUP CUP CUP CUP Section 9.31.040, Alcoholic Beverage Sales
Funeral Parlors and Mortuaries – - - –
Instructional Services P P P P
Live-Work P P P P Section 9.31.170, Live-Work
Lodging See sub-classifications below.

Bed and Breakfast - - - - Section 9.31.090, Bed and
Breakfasts
Hotels and Motels CUP CUP CUP –
Maintenance and Repair Services MUP,
L(12)
MUP,
L(12) - MUP, L(12)
Nursery and Garden Center P P - - Section 9.31.220, Outdoor Retail Display and Sales
Offices See sub-classifications below.

Business and Professional L(12)/CUP L(12)/CUP - -
Creative P P P P
Medical and Dental CUP CUP - CUP
Walk-In Clientele P P - -
Outdoor Newsstands MUP MUP MUP MUP Section 9.31.210, Outdoor Newsstands
Parking, Public or Private CUP CUP CUP -
Personal Services See sub-classifications below.

General Personal Services P P - P Section 9.31.230, Personal

12.A.b
Packet Pg. 1141 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 42 TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional Regulations Service
Personal Services, Physical Training P P P P
Tattoo or Body Modification Parlor P P P P Section 9.31.230, Personal Service
Retail Sales See sub-classifications below.

Building Materials Sales and Services – – - – Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Small-Scale P P P P Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Medium-Scale CUP CUP CUP – Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Large-Scale CUP CUP - - Section 9.31.220, Outdoor Retail Display and Sales
Medical Cannabis Retailer Cannabis
Retailers –P –P –P –P
Section 9.31.185, Medical
Marijuana Dispensaries Section

9.31.095 Cannabis Retailers
Pawn Shops – – – –
Swap Meets CUP CUP CUP – Section 9.31.360, Swap Meets
Industrial Uses
Artist’s Studio P P P P
Commercial Kitchens CUP CUP - L(1)/CUP
Industry, General - - - -
Industry, Limited P P L(2) L(2)
Recycling Facility See sub-classifications below.

Recycling Collection Facility CUP, L(12) CUP,
L(12) - -
Research and Development P P L(2) L(2)
Media Production See sub-classifications below.

Full-Service Facility P P P P
Support Facilities P P - P
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P P
City Bikeshare Facility P P P P
Communication Facilities See sub-classifications below.

Antennas and Transmission Towers MUP MUP - – Chapter 9.32, Personal Wireless Service Facilities
Equipment within Buildings CUP CUP - –
Light Fleet-Based Services – – - –
Utilities, Major – - - –
Utilities, Minor P P P P
Specific Limitations:
(1) Not allowed on the ground floor for the first 35 feet of lot depth. (2) Limited to 4,000 sq. ft. or less.
(3) Limited to 15,000 sq. ft. or less.
(4) Facilities for 6 or fewer residents are permitted by right. Facilities for more than 6 residents require an MUP. (5) Permitted if all objective planning standards set forth in Government Code Section 65914.900 are met. (6) (Reserved)
(7) (Reserved)
(8) (Reserved)
(9) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: Limited to facilities with no more than 7,500 square feet of floor area and/or 40 linear feet of ground floor street frontage; greater area and/or width requires approval of a Conditional Use Permit. (10) Fitness facilities and gymnasiums permitted, all other uses require a CUP.

12.A.b
Packet Pg. 1142 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 43 TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional Regulations (11) Hospitals and clinics of 5,000 sf or less require an MUP. Hospitals and clinics greater than 5,000 sf or greater require a CUP. (12) Limited to 5,000 sf or less.

12.A.b
Packet Pg. 1143 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 44 CHAPTER 9.13 EMPLOYMENT DISTRICTS

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.

12.A.b
Packet Pg. 1144 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 45 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Dwelling P P P Section 9.31.195, Multiple-Unit Dwelling Projects
Senior Citizen Multiple-Unit Dwelling P P P Section 9.31.195, Multiple-Unit Dwelling Projects
Housing Types for Specific Needs
Congregate Housing P P P Section 9.31.110, Congregate
Housing
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.

Large P P P Section 9.31.140, Family Day Care,
Large
Small P P P
Group Residential MUP MUP P Section 9.31.155, Group Residential Senior Group Residential MUP MUP P Section 9.31.155, Group Residential Low Barrier Navigation Centers P P P Section 9.31.175, Low Barrier Navigation Centers
Residential Facilities See sub-classifications below.

Residential Care, General P P P Section 9.31.270, Residential Care Facilities
Residential Care, Limited P P P Section 9.31.270, Residential Care Facilities
Residential Care, Senior P P P Section 9.31.270, Residential Care Facilities
Hospice, General P P P Section 9.31.270, Residential Care Facilities
Hospice, Limited P P P Section 9.31.270, Residential Care Facilities
Single-Room Occupancy Housing P P P Section 9.31.330, Single Room Occupancy Structures
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 Section 9.31.100, Community Assembly
Community Gardens P P P

12.A.b
Packet Pg. 1145 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 46 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Cultural Facility – – CUP
Hospitals and Clinics – – P
Community Clinic L(11) L(11) L(11)
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.

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 –
Section 9.31.070,
Automobile/Vehicle Sales, Leasing,
and Storage
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(15) L(15) 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 –
Large-Scale Facility L(16) L(16) -
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.

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Packet Pg. 1146 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 47 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 (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)
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
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 Section 9.31.040, Alcoholic Beverage Sales
Farmers Markets CUP – –
General Markets L(17)/CUP L(17)/CUP - Section 9.31.040, Alcoholic Beverage Sales
Funeral Parlor and Mortuary – – CUP
Instructional Services L(18)/CUP L(18)/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 P P P Section 9.31.230, Personal Service Personal Services, Physical Training P P CUP
Tattoo or Body Modification Parlor P P P Section 9.31.230, Personal Service 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 – – –

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Packet Pg. 1147 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 48 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
General Retail Sales, Small-Scale P P P Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Medium-Scale CUP CUP - Section 9.31.220, Outdoor Retail Display and Sales
Medical Marijuana Dispensaries Cannabis
Retailers –P –P CUPP
Section 9.31.095, Medical
Marijuana Dispensaries Cannabis
Retailers
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 – – Section 9.31.260, Recycling Facilities
Recycling Processing Facility P – – Section 9.31.260, Recycling Facilities
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, Personal Wireless Service 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. 1148 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 49 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 dwelling 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) Permitted if all objective planning standards set forth in Government Code Section 65914.900 are met. (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.
(15) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: Limited to facilities with no more than 7,500 square feet of floor area and/or 40 linear feet of ground floor street frontage
(16) Limited to indoor exercise facilities and bowling alleys. (17) General markets greater than 15,000 square feet require a Conditional Use Permit. (18) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: No individual tenant space shall occupy more than 12,500 square feet of floor area and/or exceed 75 linear feet of ground floor street frontage without the approval of a Conditional Use Permit.

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Packet Pg. 1149 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 50 CHAPTER 9.14 OCEANFRONT DISTRICT

9.14.020 Land Use Regulations
Table 9.14.020 prescribes the land use regulations for the Oceanfront District. The regulations for each district are established by letter designations listed 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.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit.
“–” designates uses that are not permitted.

Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and subclassifications 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.

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Packet Pg. 1150 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 51 TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Residential Uses
Residential Dwelling Types
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 Dwelling P Section 9.31.195, Multiple-Unit Dwelling Projects
Duplex P Section 9.31.195, Multiple-Unit Dwelling
Projects
Senior Citizen Multiple-Unit Dwelling P Section 9.31.195, Multiple-Unit Dwelling Projects
Single-Unit Dwelling P
Housing Types for Specific Uses
Congregate Housing P Section 9.31.110, Congregate Housing Elderly and Long-Term Care P
Emergency Shelters CUP Section 9.31.130, Emergency Shelters Employee Housing P
Family Day Care See sub-classifications below.

Large P Section 9.31.140, Family Day Care, Large
Small P
Group Residential MUP Section 9.31.155, Group Residential Senior Group Residential P Section 9.31.155, Group Residential Low Barrier Navigation Centers P Section 9.31.175, Low Barrier Navigation Centers
Residential Facilities See sub-classifications below.

Residential Care, General P Section 9.31.270, Residential Care Facilities
Residential Care, Limited P Section 9.31.270, Residential Care Facilities
Residential Care, Senior P Section 9.31.270, Residential Care Facilities
Single-Room Occupancy Housing P Section 9.31.330, Single Room Occupancy Structures
Supportive Housing P
Transitional Housing P
Public and Semi-Public Uses
Adult Day Care CUP
Child Care and Early Education Facilities CUP Section 9.31.120, Child Care and Early Education Facilities
Cultural Facilities CUP
Community Clinic L(6)
Park and Recreations Facilities, Public P
Schools P
Commercial Uses
Automobile/Vehicle Sales and Service See sub-classifications below.

Automobile Rental MUP Section 9.31.050, Automobile Rental

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Packet Pg. 1151 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 52 TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Commercial, Entertainment, and Recreation See sub-classifications below.

Theaters L(1)
Convention and Conference Centers P
Small-Scale Facility P Section 9.31.340, Small-Scale Facility, Game Arcades
Large-Scale Facility L(2)/CUP
Fortunetelling P
Eating and Drinking Establishments See sub-classifications below.

Bars/Nightclubs/Lounges L(3)/CUP Section 9.31.040, Alcoholic Beverage Sales Restaurants, Full-Service including
Outdoor Dining and Seating P
Section 9.31.040, Alcoholic Beverage Sales
Section 9.31.280, Restaurants, Limited
Service and Take-Out Only
Section 9.31.290, Restaurants With
Entertainment
Section 9.31.200, Outdoor Dining and
Seating
Chapter 9.20, Beach Overlay District
Restaurants, Limited Service and TakeOut Only including Outdoor Dining and Seating
P
Section 9.21.040, Alcoholic Beverage Sales
Section 9.31.280, Restaurants, LimitedService and Take Out Only Section 9.31.290, Restaurants With
Entertainment
Section 9.31.200, Outdoor Dining and
Seating
Chapter 9.20, Beach Overlay District
Food Hall (up to 175 seats) CUP
Food and Beverage Sales See sub-classifications below.

Convenience Markets P Section 9.31.040, Alcoholic Beverage Sales Farmers Markets MUP
General Markets L(4) Section 9.31.040, Alcoholic Beverage Sales Liquor Stores CUP Section 9.31.040, Alcoholic Beverage Sales Lodging See sub-classifications below.

Bed and Breakfast CUP Within Designated Landmarks only.

Section 9.31.090, Bed and Breakfasts
Offices See sub-classifications below.

Business and Professional L(5)/CUP
Creative L(5)/CUP
Walk-In Clientele L(5)/CUP
Parking, Public or Private CUP
General Personal Services MUP
Retail Sales See sub-classifications below.

General Retail Sales, Small-Scale P Section 9.31.220, Outdoor Retail Display and Sales
Cannabis Retailers P Section 9.31.095, Cannabis Retailers Transportation, Communication, and Utilities Uses
City Bikeshare Facility P

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Packet Pg. 1152 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 53 TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Specific Limitations:
(1) Limited to theaters for live performances.
(2) Existing large-scale commercial, entertainment, and recreation facilities existing as of the date of this Ordinance are permitted. Any new large-scale commercial, entertainment, and recreation facilities require approval of a Conditional Use Permit.
(3) Bars, nightclubs, and lounges are only permitted on the Pier, on Oceanfront Walk, and within hotels. (4) Limited to establishments with no more than 2,500 sq. ft. of floor area. (5) Office uses on the ground floor street frontage may not exceed 25% of the parcel width or 1,000 sq. ft, whichever is less. (6) Permitted if all objective planning standards set forth in Government Code Section 65914.900 are met.

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Packet Pg. 1153 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 54 CHAPTER 9.31 STANDARDS FOR SPECIFIC USES AND ACTIVITIES

9.31.095 Cannabis Retailers.

A. Purpose. The purpose of this Section is to ensure that the development of cannabis uses do not adversely impact adjacent parcels or the surrounding neighborhoods in which they are located and that they will be developed in a manner that protects the health, safety, and general welfare of nearby residents and businesses while providing for the needs of all segments of the community. Cannabis uses shall be permitted, located, developed, and operated consistent with the following development standards.

B. Applicability. Each cannabis use shall conform to the property development standards of the District in which it is to be located and this Section. Except as otherwise expressly provided, existing cannabis retailers shall be subject to those provisions of this Section as are hereafter specifically described.

C. Definitions. The definitions within Chapter 6.200, as may be amended, apply to cannabis uses. Any reference to California statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision.

D. Permit Requirements. No person shall engage in any commercial cannabis business or activity within the City of Santa Monica without:

1. Obtaining a valid Commercial Cannabis Business Permit;

2. Obtaining a valid State of California Seller’s Permit; and

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Packet Pg. 1154 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 55 3. Compliance with all applicable state and local laws and regulations pertaining to the commercial cannabis business and activities, including the duty to obtain any required state licenses and requirements in accordance with Chapter 6.200.

E. Location Requirements.

1. Cannabis uses shall be permitted within Nonresidential Districts.

2. Permitted cannabis uses shall be prohibited within the following locations:
a. 600 feet from the following:
i. Schools, as defined in Section 9.51.030.
ii. A youth center that is in existence at the time a complete commercial cannabis business permit application is submitted. iii. A day care center licensed by the state Department of Social Services that is in existence at the time a complete commercial cannabis business permit application is submitted.
b. 300 feet from another cannabis use.
c. On the same block as another cannabis use.

F. Parking and Loading. Any parking and loading provided shall comply with all development standards set forth in Chapter 9.28, Parking, Loading, and Circulation, and the requirements for the district in which the cannabis use is located.

G. Operating Requirements. Cannabis uses shall comply with the operational requirements within Chapter 6.200 of this Code, as may be amended.

H. Existing Cannabis Retailers / Nonconforming Uses. Notwithstanding anything to the contrary in a CUP that was issued for medicinal cannabis as of October 10, 2023,

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Packet Pg. 1155 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 56 Cannabis Retailers shall be permitted to deliver and sell adult-use cannabis and adultuse cannabis products in accordance with this Section.

I. Cannabis Social Equity Program. Permits shall be issued consistent with any Cannabis Social Equity Program adopted by the City.

J. Review Authority. Permits shall be approved in writing by the Director if the applicant agrees in writing to comply with all of the criteria and conditions in Chapter

6.200.

K. Indemnification. To the fullest extent permitted by law, the City will not assume any liability whatsoever with respect to issuing any permit pursuant to this Chapter or otherwise approving the operation of any Adult-Use Cannabis Business or Co-Located Cannabis Business. Prior to issuance of an Adult-Use Cannabis Business Permit, the applicant, or its legal representative, shall execute an agreement, on a form approved by the City Attorney, regarding the following:

1. The applicant will indemnify, defend (at applicant's sole cost and expense), and hold harmless the City, and its officers, officials, employees, representatives, and agents from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City's issuance of the Adult-Use Cannabis Business Permit, the City's decision to approve the applicant's operation of any commercial cannabis activity or any Commercial Cannabis Business operation, the process used by the City in making its decision, or the alleged violation of any federal, State, or local laws by the Adult-Use Cannabis Business applicant, permittee, or any of its officers, managers, employees, or agents; and

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Packet Pg. 1156 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 57 2. The applicant will agree to reimburse the City for all costs and expenses, including but not limited to attorney fees and costs, which the City may be required to pay as a result of any legal challenge related to the City's approval of the applicant's AdultUse Cannabis Administrative Permit, or related to the City's approval of the applicant's commercial cannabis activity. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed hereunder.

L. Compliance with Laws. This Chapter is not intended to interfere with, abrogate, or annul any other ordinance, resolution, regulation, statute, or other provision of law.

Nothing in this Chapter shall be construed as authorizing any actions that violate state law or local law with respect to the operation of a commercial cannabis business. It shall be the responsibility of the permittees and responsible persons of a commercial cannabis business to ensure that a commercial cannabis business is, at all times, operating in a manner compliant with all applicable state and local laws, including for as long as applicable all state cannabis laws, any subsequently enacted state law or regulatory, licensing, or certification standards or requirements, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of the Cannabis Administrative Permit. In the event of any conflict between the provisions of this Chapter and any other applicable State or local law or regulation, the more restrictive provision shall control. All commercial cannabis businesses authorized by this Chapter shall comply with the applicable provisions of the Los Angeles County Public Health Code.

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Packet Pg. 1157 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 58 9.31.185 Medicinal Cannabis Retailers.

A. Purpose. The purpose of this Section is to ensure that the development of medicinal cannabis retailers does not adversely impact adjacent parcels or the surrounding neighborhoods in which they are located and that they will be developed in a manner that protects the health, safety, and general welfare of nearby residents and businesses while providing for the needs of all segments of the community. Medicinal cannabis retailers shall be permitted, located, developed, and operated consistent with the following development standards.

B.Conditional Use Permit. Each medicinal cannabis retailer shall be subject to the approval of a Conditional Use Permit by the Planning Commission, appealable to the City Council.

C.Number and Location. A maximum of 2 medicinal cannabis retailers no larger than 2,500 square feet shall be permitted. Medicinal cannabis retailers are prohibited within 600 feet of a child care and early education or family day care facility, park, school, library, social service center, or other medicinal cannabis retailer. The distance shall be established on the date of application for the Conditional Use Permit.

D.Hours of Operation. Medicinal cannabis retailers may be operated between the hours of 10:00 a.m. and 8:00 p.m. Monday through Saturday and 12:00 p.m. to 7:00 p.m. on Sundays.

E.Recommendations. No recommendations for medicinal cannabis shall be issued on site.

F.Delivery. Delivery of medicinal cannabis to patients or primary care givers as defined in Health and Safety Code Section 11362.5 et seq., is permitted.

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Packet Pg. 1158 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 59 G.Source Requirement. Only medicinal cannabis cultivated in California may be sold in a medicinal cannabis retailer.

H.On-Site Requirement. Only medicinal cannabis cultivated in California may be sold in a medicinal cannabis retailer.

I.Litter. Outdoor trash receptacles shall be available near the entrances to and exits from the establishment. The premises shall be continuously maintained in a safe, clean, and orderly condition with twice daily litter pick-up within 500 feet of the medicinal cannabis retailer.

J.Inspections. A medicinal cannabis retailer owner shall authorize reasonable City inspection of the property by Santa Monica Code enforcement and police staff or other agents or employees of the City to ensure compliance with the conditions of approval imposed by the City in approving this project and will bear the reasonable cost of these inspections as established by Santa Monica Municipal Code Section 2.72.010 and Resolution No. 9905(CCS) or any successor legislation thereto. These inspections shall be no more intrusive than necessary to ensure compliance with conditions of approval.

K.Enforcement Cooperation. A medicinal cannabis retailer, and all employees thereof, shall use best efforts to assist the police in investigating and prosecuting any violations of this Chapter consistent with constitutional provisions.

L.Sale of Adult-Use Cannabis or Adult-Use Cannabis Products. Notwithstanding anything to the contrary in this Section or Municipal Code, medicinal cannabis retailers that have been issued a Conditional Use Permit as of October 10, 2023 shall be permitted to deliver and sell adult-use cannabis or adult-use cannabis products, as licensed and regulated by Business and Professions Code Section 26000 et seq., to persons 21

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Packet Pg. 1159 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 60 years of age and over, only if a regulatory permit for adult-use cannabis has been obtained by June 1, 2024. Only cannabis cultivated within California may be sold in accordance with this subsection. Cannabis shall not be consumed or used at the subject property. Conditions of a Conditional Use Permit issued to a medicinal cannabis retailer eligible to sell adult-use cannabis or adult-use cannabis products under this Subsection L that prohibit or otherwise interfere with the sale of adult-use cannabis or adult-use cannabis products shall not be enforced by the City in accordance with the permissions set forth in this Subsection L. All remaining Conditional Use Permit conditions shall be subject to enforcement and will apply equally to adult-use cannabis.

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Packet Pg. 1160 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 61 CHAPTER 9.51 USE CLASSIFICATIONS
§ 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, union halls, meeting halls for clubs and other membership organizations. This

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Packet Pg. 1161 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 62 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 nonprofit 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 one 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.

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Packet Pg. 1162 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 63 8. Hospitals and Clinics. State-licensed public, private, and nonprofit 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. 1163 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 64 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.

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

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Packet Pg. 1164 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 65 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, nonprofit, 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, nonprofit, 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)

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Packet Pg. 1165 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 66 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. 1166 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 67 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. 1167 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 68 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.

4. Banks and Financial Institutions.

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Packet Pg. 1168 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 69 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.

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. 1169 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 70 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.

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.

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Packet Pg. 1170 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 71 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.
a. Bar/Night Club/Lounge. Businesses that are licensed by the State to serve alcoholic beverages, including beer, wine and mixed drinks for consumption

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Packet Pg. 1171 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 72 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. This classification includes cafes, cafeterias, coffee shops, delicatessens, fast-food 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 individually licensed 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

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Packet Pg. 1172 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 73 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.

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

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Packet Pg. 1173 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 74 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 conducting memorial services. Typical uses include a crematory, columbarium, mausoleum, or mortuary.

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Packet Pg. 1174 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 75 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 one or more occupants of the unit. See Division 3, Section 9.31.170, Live-Work Units, 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.

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Packet Pg. 1175 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 76 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).

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. 1176 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 77 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 nonprofit), 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, or distribution of creative property, including, but not limited to, advertising, architectural services, broadcasting, communications, computer software design,

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Packet Pg. 1177 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 78 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.

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.

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Packet Pg. 1178 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 79 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.

22. Retail Sales.
a. Building Materials and Services. Retail sales or rental of building supplies or equipment. This classification includes lumberyards, tool and equipment

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Packet Pg. 1179 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 80 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 smallitem 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

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Packet Pg. 1180 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 81 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% of the floor area.
e. Medicinal Cannabis Retailer. A licensed premises which is a physical location from which retail medicinal cannabis or medicinal cannabis products are intended to be sold for use, pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation. The premises may be closed to the public; sales may be made exclusively by delivery. Subject to the provisions of SMMC Section 9.31.095

9.31.185, medicinal cannabis retailers that are licensed and regulated by Business and Professions Code Section 26000 et seq and as amended from time to time shall be permitted to deliver, cultivate, or sell adult-use cannabis or adult-use cannabis products, as licensed and regulated by Business and Professions Code Section 26000 et seq., and as amended from time to time, to persons 21 years of age and over or medicinal cannabis or cannabis products to persons 18 years of age and over with a physician’s recommendation.
f. Pawn Shop. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property.

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Packet Pg. 1181 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 82 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 one 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. 1182 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 83 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.

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;

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Packet Pg. 1183 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 84 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.

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,

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Packet Pg. 1184 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 85 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.

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.

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Packet Pg. 1185 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 86 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).

D. Transportation, Communication, and Utilities Use Classifications.

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Packet Pg. 1186 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 87 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.

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 one or more reception or

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Packet Pg. 1187 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 88 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. 1188 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 89 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.

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Packet Pg. 1189 Attachment: Ordinance - Article 9 Amendments (6802 : Adult Use Cannabis Ordinance) 1 City Council Meeting: September 9, 2025 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA ADOPTING THE CITY OF SANTA MONICA CANNABIS EQUITY

ASSESSMENT AND PROGRAM MANUAL
WHEREAS, the City of Santa Monica supports the development of a local cannabis equity program; and
WHEREAS, on April 23, 2024, Council authorized staff to conduct a cannabis equity assessment and develop a local equity program; and WHEREAS, staff conducted and prepared the attached Cannabis Equity Assessment to identify communities that have been disproportionally impacted by the enforcement of cannabis-related laws and crimes within the City of Santa Monica, a copy of which is attached to this Resolution as Exhibit A; and WHEREAS, assessment findings were used to inform the creation of the Cannabis Equity Program (“Program”), a copy of which is attached to this Resolution as Exhibit B; and
WHEREAS, the Program aims to recognize and address the ongoing negative social impact associated with the disproportionate enforcement of cannabis policies on certain communities in the City; and
WHEREAS, long-term impacts from the criminalization of cannabis include social stigma of criminal conviction and incarceration, family and community disintegration, permanent loss of property, disqualification from employment opportunities, reduced

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Packet Pg. 1190 Attachment: Resolution - Cannabis Equity Assessment and Program (6802 : Adult Use Cannabis Ordinance) 2 earnings potential, exclusion from public benefits, and inability to vote in public elections; and
WHEREAS, the Program implements a focused and equitable program that balances access, oversight, and community benefit; and
WHEREAS, the Program’s elements respond directly to the City’s scale, market conditions, and resources while aligning with the broader goals of social equity, community reinvestment, and local economic inclusion, with the goal of creating a lean, high-impact program that delivers meaningful benefits to those disproportionately affected by cannabis enforcement while remaining practical and sustainable; and WHEREAS, the City Council has determined that grant funds from the Governor’s Office of Business and Economic Development are available and can be used to assist local equity applicants and licensees throughout local equity program for commercial cannabis activity as described in its application for grant funds.

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

SECTION 1. The City Council of the City of Santa Monica hereby adopts the City of Santa Monica Cannabis Equity Assessment, as set forth in Exhibit A.

SECTION 2. The City Council of the City of Santa Monica adopts the City of Santa Monica Cannabis Equity Program Manual, as set forth in Exhibit B.

SECTION 3. The City will continue to evaluate the Program to address any disparate, negative impacts of cannabis-related regulation and enforcement in the City of Santa Monica.

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Packet Pg. 1191 Attachment: Resolution - Cannabis Equity Assessment and Program (6802 : Adult Use Cannabis Ordinance) 3 SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter, the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________
Heidi von Tongeln, Interim City Attorney

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Packet Pg. 1192 Attachment: Resolution - Cannabis Equity Assessment and Program (6802 : Adult Use Cannabis Ordinance)

EXHIBIT A

CANNABIS EQUITY ASSESSMENT

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Packet Pg. 1193 Attachment: Resolution - Cannabis Equity Assessment and Program (6802 : Adult Use Cannabis Ordinance)

CITY OF SANTA MONICA
Cannabis Equity Assessment
July 2025

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Acknowledgements
The City of Santa Monica extends its sincerest appreciation to the following individuals and entities whose contribution has made the creation of the Cannabis Equity Assessment possible:

City Council
Lana Negrete, Mayor
Caroline Torosis, Mayor Pro Tem
Jesse Zwick, Councilmember
Dan Hall, Councilmember
Ellis Raskin, Councilmember
Barry Snell, Councilmember
Natalya Zernitskaya, Councilmember
Phil Brock, Councilmember (2024)
Oscar de la Torre, Councilmember (2024)
Christine Parra, Councilmember (2024)
Gleam Davis, Councilmember (2024)
Planning Commission
Samuel Tolkin, Chair
Josh Hamilton, Vice Chair
Peer Chacko, Commissioner
Nina Fresco, Commissioner
Leslie Lambert, Commissioner
Shawn Landres, Commissioner
Jim Ries, Commissioner
Community Development Staff
Arminé Chaparyan, Director
David Martin, Director (retired)
Jing Yeo, Planning Manager
Tony Kim, Principal Planner
Shira Moch, Associate Planner
Ana Fernandez, Associate Planner

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Packet Pg. 1195 Attachment: Resolution - Cannabis Equity Assessment and Program (6802 : Adult Use Cannabis Ordinance) City of Santa Monica
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Santa Monica Police Department
Diversity, Equity, and Inclusion Team
City Attorney’s Office
State of California
Governor's Office of Business and Economic Development (Go-Biz) Grants Team

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Packet Pg. 1196 Attachment: Resolution - Cannabis Equity Assessment and Program (6802 : Adult Use Cannabis Ordinance) City of Santa Monica
Cannabis Equity Assessment
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Table of Contents
Introduction............................................................................................................... 1 Purpose of Cannabis Equity Assessment................................................................................... 2

1. Cannabis Equity Analysis..................................................................................... 3 Methodology ............................................................................................................................. 3 Cannabis Enforcement History.................................................................................................. 3 City of Santa Monica Demographics ......................................................................................... 5 Cannabis-Related Arrests.......................................................................................................... 6 Cannabis-Related Arrest Types ................................................................................................. 7 Cannabis-Related Arrests by Race/Ethnicity...........................................................................10 Identification of Disproportionately Affected Communities...................................................11 Disproportionately Affected Communities Analysis...............................................................16 Conclusions Regarding Disproportionately Affected Communities........................................19

2. Overview of Cannabis-Related Businesses and Activities................................... 21 Legislative History of Cannabis in Santa Monica.....................................................................21 Taxation...................................................................................................................................23

3. Barriers to Entry................................................................................................ 24 Financial Barriers.....................................................................................................................24 Technical Barriers....................................................................................................................26 Criminal Barriers......................................................................................................................28

4. Community Outreach and Feedback.................................................................. 29 Online Survey ..........................................................................................................................29 Community Workshops...........................................................................................................31 Stakeholder Interviews............................................................................................................31 Community-Led Discussions (Micro-grant).............................................................................32 Summary of Feedback and Common Themes.........................................................................32

5. Best Practices ................................................................................................... 36 City of Oakland (2017).............................................................................................................36 City of San Francisco (2017) ....................................................................................................38 City of Sacramento (2018).......................................................................................................39 City of Los Angeles (2017) .......................................................................................................41 City of Long Beach (2018)........................................................................................................42

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6. Findings............................................................................................................ 44

1. Unrestricted Permitting and Licensing May Have Consequences................................44

2. Program Eligibility Criteria Should Prioritize Those Most Harmed by Cannabis Enforcement............................................................................................................................44

3. Application and Permitting Processes Present Barriers to Entry .................................45

4. Systemic Barriers Limit Access to the Regulated Marketplace ....................................45

5. Equity Applicants are Vulnerable to Exploitative Partnerships....................................45

6. Stakeholder Engagement and Education are Crucial to Program Success...................45

7. Past Convictions Have Long-Term Consequences........................................................46

8. Lack of Workforce Development Limits Equitable Participation..................................46

9. Sustainable Program Funding Is Critical to Success and Long-Term Effectiveness of the Program...................................................................................................................................46

10. Community Reinvestment is Key to Providing Communitywide Equity Program Benefits....................................................................................................................................46

11. Ongoing Data Collection and Program Evaluation Are Essential to Program Success.47

7. Potential Equity Program Elements................................................................... 48 Licensing Structure and Market Access...................................................................................48 Application and Permitting Process........................................................................................48 Equity Program Support Services............................................................................................49 Preventing Predatory Practices...............................................................................................50 Outreach and Education..........................................................................................................50 Workforce Development and Employment Inclusion.............................................................51 Community Reinvestment.......................................................................................................52 Equity Program Funding Strategy............................................................................................53 Ongoing Evaluation and Transparency....................................................................................53

8. Recommendations for Santa Monica’s Equity Program...................................... 55 Equity Program Eligibility Criteria............................................................................................55 Core Program Elements and Services......................................................................................57 Expanded Services with State Grant Funding .........................................................................59 Appendix A: Cannabis Equity Assessment Survey (English)........................................ 61 Appendix B: Cannabis Equity Assessment Survey (Spanish)....................................... 86

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List of Figures
Figure 1 – Distribution of Race/Ethnicity, City of Santa Monica (2022) .......................................... 5 Figure 2 – Cannabis-Related Arrests by Year, City of Santa Monica (1993-2023)........................... 6 Figure 3 – Cannabis-Related Arrest Types (1993-2024) .................................................................. 9 Figure 4 – Cannabis-Related Arrest Types by Year.......................................................................... 9 Figure 5 – Cannabis-Related Arrests by Race/Ethnicity, City of Santa Monica (1993-2023)......... 10 Figure 6 – Population Percentage vs. Arrest Percentage, City of Santa Monica (1993-2023) ...... 11 Figure 7 – People of Color as a Percentage of Population............................................................. 12 Figure 8 – Low-Income Households as a Percentage of Population.............................................. 13 Figure 9 – Educational Attainment................................................................................................ 14 Figure 10 – Cannabis Arrests and Socioeconomic Disadvantage by Census Tract........................ 16 Figure 11 – Census Tracts with Highest Concentration of Cannabis Arrests................................. 17 Figure 12 – Disadvantaged Census Tracts...................................................................................... 18 Figure 13 – Least Impacted Census Tracts..................................................................................... 18

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Santa Monica City CouncilSeptember 9, 2025

Santa Monica City Council
September 9, 2025