1 City Council Meeting: September 9, 2025 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING INTERIM ZONING REGULATIONS SET FORTH IN INTERIM ZONING ORDINANCE NUMBER 2809 TO PROMOTE ECONOMIC RECOVERY BY INCREASING LAND USE FLEXIBILITY IN THE CITY’S DOWNTOWN
AREA AND ESTABLISHING A PILOT PROGRAM TO ALLOW EXCLUSIVELY
OUTDOOR COMMERCIAL USES IN THE OFFICE CAMPUS DISTRICT
WHEREAS, on July 6, 2010, the City Council adopted the Land Use and Circulation Element of the City’s General Plan (“LUCE”), which designates the proposed general distribution, location, and extent of land uses within the City; and WHEREAS, on July 25, 2017, the City Council of the City of Santa Monica (“City Council”) adopted the Downtown Community Plan (“DCP”) which sets forth the City’s vision of Downtown as a high quality, mixed-use district offering opportunities as a major public space framed by a mix of retail, restaurants, and services that form unique experiences enjoyable to both residents and visitors; and WHEREAS, the Bayside Conservation (BC) District, extending from 4th Court to the west side of 2nd Street and the south side of Wilshire Boulevard to the east side of Broadway, is located within the DCP and is considered the pedestrian and economic heart of the City; and
WHEREAS, the DCP contemplates that the BC District will continue as a lively mix of pedestrian-oriented uses with dynamic activity day and night and promote a 17 hour/7 day active district, with land use regulations that support a diversity of entertainment and cultural options, in particular the addition of cultural amenities such as museums, theaters and cinemas; and
2 WHEREAS, the DCP supports activities that enrich the Promenade, located within the BC District, including street performances and events that enliven the street and provide memorable experiences for visitors, while also seeking to expand cultural opportunities, including live music venues and upgraded state-of-the art cinemas; and WHEREAS, the DCP acknowledges that the Promenade is an essential component of the Downtown’s economic sustainability and emphasizes the importance of reevaluating and refreshing the Promenade so that it remains attractive and exciting to residents and visitors alike; and
WHEREAS, the Lincoln Transition (LT) District, consisting of parcels along Lincoln Boulevard within the DCP area, is envisioned as a transition to become a Downtown gateway while respecting the lower-scale residential neighborhood to the east; and
WHEREAS, the DCP encourages the evolution of the LT District as the eastern gateway to the Downtown, with pedestrian realm and open-space standards to guide new investment in making Lincoln Boulevard a more walkable street, including promoting ground floor uses that active the street and serve the local community; and WHEREAS, the Wilshire Transition (WT) District consists of properties on the north side of Wilshire Boulevard between the east side of 2nd Street and west side of 7th Street, is located within the DCP and hosts a multitude of different building types and heights with both large Class-A office developments and smaller two- and threestory structures that house a mixture of small neighborhood serving retail and dining; and
3 WHEREAS, the DCP contemplates that the WT District will continue to support smaller local serving uses that provide easily accessible goods and services to the surrounding neighborhood; and
WHEREAS, DCP Goal LU3 contemplates that the Downtown will continue to be the economic center for the City, providing a diverse and flexible mix of uses that can meet future resident, business, and visitor demand; and WHEREAS, the Office Campus (OC) District designation is applied to limited areas of the City, located outside the Downtown, that are currently developed with substantial office campus uses; and
WHEREAS, the OC District is intended to provide for office and similar uses which require large expanses of floor area on large parcels, as well as a diversity of housing types; and
WHEREAS, development intensity within the OC District is intended to provide for office uses and other uses within a campus-like environment that will be compatible with abutting residential neighborhoods, especially in terms of scale and building mass; 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 pursuant to Chapter 2.16 of the Santa Monica Municipal Code 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 to ensure compliance with all digital signature requirements (the “Executive Order”); and
4 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
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 to 9 people or less; and WHEREAS, 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, as of March 31, 2023, the local, state, and federal COVID19 emergency declarations have concluded; and 5 WHEREAS, although the emergency orders have been lifted, 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 the Downtown area is continuing to experience economic uncertainty; and WHEREAS, as the commercial and economic landscape evolves, Downtown’s economic recovery and competitive advantage will depend on its ability to deliver on a diverse range of unique dining, retail, and entertainment uses; and WHEREAS, as restaurant and entertainment environments across the region and county continue to evolve, there is a need to adjust allowed uses and dining and entertainment options to enable economic recovery and provide increased flexibility to minimize vacancies on the Third Street Promenade and the Downtown areas; 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, vacancy rates, in addition to economic impacts that threaten the health, safety, and economic welfare of its citizens and businesses, may lead to public safety impacts, including, but not limited to, increased calls for emergency services; and
WHEREAS, on July 25, 2023, Council adopted Interim Zoning Ordinance Number 2754 (CCS) (“IZO 2754”), establishing interim zoning regulations promoting economic recovery in the City’s Downtown, including the Third Street Promenade Area and Santa Monica Place, and also included minor clerical amendments further supporting economic recovery; and
6 WHEREAS, on September 26, 2023, Council introduced for first reading Interim Zoning Ordinance Number 2761 (CCS) (“IZO 2761”), which was adopted on October 10, 2023, extending and amending the interim zoning regulations established by IZO 2754 through November 22, 2028; and
WHEREAS, IZO No. 2761 included zoning changes supporting a variety of potential commercial uses within the Downtown, including: enabling certain outdoor rooftop commercial uses on Public Parking Structures owned by the City, greater flexibility for restaurants providing entertainment, and provided a streamlined review for alcohol permits; and
WHEREAS, on October 22, 2024, Council introduced Interim Zoning Ordinance Number 2794 (CCS) (“IZO 2794”), which was adopted on November 11, 2024, amending the interim zoning regulations to further promote economic recovery efforts within the Downtown and Third Street Promenade area, simplifying the review process for new businesses; and
WHEREAS, amendments were focused on streamlining the review process for uses within the Third Street Promenade area by eliminating Conditional Use Permit and Minor Use Permit requirements, and expanding the streamlining of alcohol permits for a variety of different commercial uses; and WHEREAS, on October 22, 2024, the Council also introduced and adopted Ordinance Number 2793 (CCS), an emergency ordinance amending the Sign Code by relaxing limitations to encourage the use of creative signs and to enhance overall business promotion on the Promenade; and
7 WHEREAS, these amendments were critical in providing greater certainty and predictability for property owners and their existing tenants, along with prospective businesses considering locations within the Promenade area; and WHEREAS, additionally, consistent with the City’s Outdoor Space Program efforts, the IZO included a pilot program limited to the Office Campus District that would allow exclusively outdoor uses such as open-air markets to locate on private property, subject to meeting certain conditions; and
WHEREAS, on March 25, 2025, the Council adopted amendments to the Interim Zoning Ordinance (IZO No. 2809 CCS) to further promote economic recovery efforts within the Third Street Promenade area, encouraging the reuse and occupancy of existing buildings by exempting community assembly uses from applicability and additional operational requirements specific to the use for properties located with the BC Districts; and
WHEREAS, Council also introduced and adopted Ordinance Number 2805 (CCS), an emergency ordinance amending the Sign Code providing consistency in the allowable digital sign area for each property facing the Promenade, in response to property owner feedback subsequent to the amendments adopted on October 22, 2024; and
WHEREAS, as part of the discussion, Council gave staff direction on bringing forward interim zoning regulations related to economic recovery efforts that can be permanently adopted into the Zoning Ordinance; and
WHEREAS, the City wishes to keep some regulations as interim zoning regulations to continue to monitor their effectiveness; and 8 WHEREAS, consistent with Council’s continued support of local businesses and to promote economic recovery efforts within the Downtown area, Council seeks to adopt additional regulations that will allow for land use flexibility to support existing businesses in the Downtown and flexibility in Floor Area Ratio (FAR) for existing buildings located on the Promenade; and
WHEREAS, these proposed amendments will also allow properties on the Promenade with legal non-conforming buildings approved pursuant to a Development Review Permit to retain their floor area development rights and exempt from certain non-conforming building restrictions; and
WHEREAS, the proposed IZO amendments would amend the current interim zoning regulations for the downtown and would maintain the current expiration date of November 22, 2028, although the Council could make any of the interim zoning regulations permanent amendments to the Zoning Ordinance at any time; and WHEREAS, the interim zoning regulations support a variety of potential commercial uses within Downtown; and
WHEREAS, allowing eligible businesses the flexibility to engage in new uses will facilitate business recovery and generate increased sales tax revenue for the City; and
WHEREAS, the City Council finds and declares that a current and immediate threat to the public health, safety, and general welfare exists due to the devastating impact the COVID-19-mandated closures and limitations have had on the local economy, including, but not limited to, the high vacancy rate in the Third Street Promenade Area, and that the approval of additional use permits, variances, building 9 permits or any other applicable entitlement for use which is required in order to comply with the current regulations would result in a threat to public health, safety, and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Notwithstanding any provisions of the Santa Monica Municipal Code, the regulations set forth in Exhibit A shall apply. Changes in Exhibit A reflect amendments to Interim Zoning Ordinance Number 2809.
SECTION 2. Any provision of the Santa Monica Municipal Code or any appendix thereto inconsistent with the provisions of this Interim Zoning 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 Interim Zoning Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this Interim Zoning 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 Interim Zoning Ordinance. The City Council hereby declares that it would have passed this Interim Zoning Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Interim Zoning 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 Interim Zoning Ordinance. The City Clerk shall cause the same to be published once 10 in the official newspaper within 15 days after its adoption. This Interim Zoning Ordinance shall become effective 30 days after its adoption.
SECTION 5. Ordinance shall be of no further force or effect as of November 22, 2028.
APPROVED AS TO FORM:
________________________________
Heidi von Tongeln, Acting City Attorney
11 EXHIBIT A
11 (A) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.04.080 to the contrary, the following regulations related to Determining Floor Area shall apply:
9.04.080 Determining Floor Area
A. Excluded from Floor Area. Floor area does not include:
1. Stairways and stairwells;
2. Elevators, elevator equipment rooms, and elevator shafts;
3. Ramps to a subterranean or semi-subterranean parking structure or ramps between floors of a parking structure provided the ramp does not accommodate parking;
4. Loading spaces and docks used exclusively for loading and unloading as required by Section 9.28.080;
5. Unenclosed decks, balconies, porches, and platforms not used for commercial or restaurant activity;
6. In the Third Street Promenade Area, unenclosed rooftop areas used for commercial or restaurant activity (“unenclosed rooftop areas”), subject to the following specific standards:
a. Unenclosed rooftop areas shall be surrounded by a barrier not to exceed 42 inches in height with an allowable transparent barrier not to exceed 42 inches in height. The barrier shall be permanently affixed to the rooftop; b. Unenclosed rooftop areas, including barrier, shall be set back a minimum five feet from the edges of the building;
c. Portable restrooms, storage sheds, or other similar temporary structures shall not be permitted on the rooftop;
d. Rooftop features such as sunshades, trellises, or canopies shall not exceed 10 feet in height with a maximum aggregate coverage of 50% of the 12 unenclosed rooftop area;
e. Unenclosed rooftop areas shall not be accessible to the public outside of their normal business operating hours.
7. Covered and uncovered courtyards, arcades, atria, paseos, walkways, and corridors located at or near the street level and are accessible to the general public provided they are not used as sales, display, storage, service, or production areas;
8. Parking areas located below finished grade or finished floor of habitable space where the vertical distance between finished grade and finished floor is 5 feet or less;
9. Semi-subterranean parking areas that meet the following criteria:
a. The parking area is located below finished grade along a minimum of one street frontage,
b. The portions of the parking area located above finished grade are a result of the site’s slope and cannot feasibly be fully subterranean due to geological or physical site constraints, and
c. The facades of any of the visible portions of the parking area located above finished grade are appropriately treated and landscaped;
10. Mechanical equipment rooms, electrical rooms, telecommunication equipment rooms, and similar space located below grade
11. Enclosures constructed pursuant to Section 9.31.060, Automobile Repair, Major and Minor, for outdoor hoists in existence on the adoption of Ordinance Number 1452 (CCS);
12. Attics;
13. Accessory dwelling units and junior accessory dwelling units established in 13 accordance with Section 9.31.025;
14. Commercial outdoor space permitted pursuant to SMMC 9.31.199, Outdoor Commercial Uses on Private Property, and SMMC 9.31.200, Outdoor Dining and Seating on Sidewalks, shall be excluded from floor area.
15. In the Third Street Promenade Area, any unenclosed rooftop parking areas on City-Owned Parking Structures as set forth in Section 9.10.050(a). (B) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.04.090 to the contrary, the following regulations related to Determining Floor Area Ratio shall apply:
9.04.090 Determining Floor Area Ratio
Floor Area Ratio (FAR) is the ratio of the floor area, excluding the areas described below, of all principal and accessory buildings on a site to the site area. To calculate FAR, floor area is divided by site area, and typically expressed as a decimal. For example, if the floor area of all buildings on a site totals 20,000 square feet, and the site area is 10,000 square feet, the FAR is expressed as 2.0. For parcels containing one or more zoning designations, only that portion zoned for commercial or industrial use shall be used as parcel area when calculating floor area ratio.
A. Floor Area Ratio Exclusions
1. Floor area devoted to basements;
2. Unenclosed decks, balconies, porches, outdoor dining areas permitted pursuant to Section 9.31.200, Outdoor Dining and Seating on Sidewalks, provided the dining areas have not more than a 42-inch high barrier surrounding the dining area and is visible from the public right-of-way, and other open spaces, and outdoor space permitted pursuant to Section 9.31.199, Outdoor Commercial Uses on Private Property.
3. In the Third Street Promenade Area, any unenclosed rooftop parking areas 14 on City-Owned Parking Structures that are converted to outdoor rooftop commercial use in accordance with SMMC 9.10.050(a).
(C) Notwithstanding any provisions of Santa Monica Municipal Code Section
9.10.040 to the contrary, the following land use regulations shall apply in the Downtown Districts:
9.10.040 Land Use Regulation
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. Uses not listed in Table 9.10.040 may be permitted upon a determination by the Director, or designee, that the use is similar to, and not more intrusive or disruptive than, uses permitted in the District. Factors to be considered in making this determination shall include, but are not limited to, maximum parking requirements, operational characteristics, and prior determinations on similar 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. Uses not listed in Table 9.10.040 may be permitted after review and approval of a Minor Use Permit upon a determination by the Director, or designee, that the use is similar to, and not more intrusive or disruptive than, a use that requires an MUP in the District. Factors to be considered in making this determination shall include, but are not limited to, maximum parking requirements, operational characteristics, and prior determinations on similar uses.
15 “CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit. Uses not listed in Table 9.10.040 may be permitted after review and approval of a Conditional Use Permit upon a determination by the Director, or designee, that the use is similar to, and not more intrusive or disruptive than, a use that requires a CUP in the District. Factors to be considered in making this determination shall include, but are not limited to, maximum parking requirements, operational characteristics, and prior determinations on similar uses.
“—” 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 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.
TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenad
e
Area)
TA OT WT
Additional
Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P P L(1) L(1) P P P
Section
9.31.025
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
16 Junior Accessory Dwelling
Unit P P L(1) L(1) 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
TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenad
e
Area)
TA OT WT
Additional
Regulations
Dwelling
Projects
Housing Types for Specific Needs
Congregate Housing P MUP,
L(3) L(1) 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) L(1) L(1) MUP MUP MUP Section 9.31.155,
Group
Residential
Senior Group Residential P L(3) L(1) L(1) P P P Section
9.31.155,
Group
Residential
Low Barrier Navigation
Centers P P L(1) L(1) 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
17 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
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(25) P CUP L(1) L(7)/
CUP
Section
9.31.100,
Community
Assembly,
except that
Community
Assembly uses
located within
BC (Third
Street
Promenade
Area) and BC
(Excluding Third
Street
Promenade
TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenad
e
Area)
TA OT WT
Additional
Regulations
Area) shall be
exempt.
Community Gardens P P L(25) P P P P
Cultural Facilities P P P P P P P
Hospitals and Clinics P P P P 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 P 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.
18 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(8) 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
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
P P L(4)/
CUP
L(4)/
CUP
L(4)/
CUP
Check Cashing
Businesses
- - - - - - -
20 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenad
e
Area)
TA OT WT
Additional
Regulations
Business Services L(5)/CUP L(5)/CUP P P L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
Commercial Entertainment
and Recreation See sub-classifications below.
Cinemas & Theaters, up
to
99 seats
- CUP L(24) P P - -
Cinemas & Theaters,
more than 99 seats
- - L(24) P CUP - -
Convention and
Conference Centers
CUP CUP P P CUP CUP CUP
Large-Scale Facility L(21)/
CUP
L(21)/
CUP
L(25) P L(21)/
CUP
L(21)/
CUP
-
Small-Scale Facility L(5)/CUP L(5)/CUP L(25) P 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 L(26) L(26) CUP CUP - Section
9.31.040,
Alcoholic
Beverage Sales
Restaurants, Full-Service,
Limited Service & TakeOut (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 & TakeOut (2,501 – 5,000 sq ft,
including Outdoor Dining
and Seating)
P P P P P P P
Restaurants, Full-Service,
Limited Service & TakeOut (greater than 5,000
sq ft, including Outdoor
Dining and Seating)
L(28)/CU
P
P P P P P CUP
Food Hall (up to 175
seats)
CUP CUP P P CUP CUP CUP
Equipment Rental - - - - L(5)/C
UP
- -
Food and Beverage Sales See sub-classifications below.
Convenience Market CUP L(5)/CUP P P 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)/
CUP
L(12)/
CUP
P P L(12)/
CUP
L(12)/
CUP
L(12)
/
CUP
Section
9.31.040,
20 Liquor Stores CUP CUP CUP CUP CUP CUP - Alcoholic
Beverage Sales
Funeral Parlors and
Mortuaries
CUP - - - - - -
Instructional Services L(5)/CUP L(3),
L(5)/CUP
P P 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, LiveWork Units
Lodging See sub-classifications below.
1 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenad
e
Area)
TA OT WT
Additional
Regulations
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 - P 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 P L(3),
L(5)/C
UP
L(1) L(1)
Walk-In Clientele L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/C
UP
L(5)/
CUP
L(5)/
CUP
Outdoor Newsstands MUP MUP P P 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 P 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(17) 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,
Small- Scale
L(5)/CUP L(5)/CUP P P L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
General Retail Sales,
Medium-Scale
CUP CUP P P CUP - CUP
General Retail Sales,
Large- Scale
- - - - - - -
2 Medicinal Cannabis
Retailers
CUP - - - - - - Section
9.31.185,
Medicinal
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)
- - - -
TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenad
e
Area)
TA OT WT
Additional
Regulations
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
3 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) General markets greater than 15,000 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
4 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) Except in Santa Monica Place, 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) Permitted use. Additionally, outdoor cinemas/theaters are permitted, limited only to City-owned property or the rooftops on City- owned parking structures.
(25) Permitted use. Additionally, any outdoor use shall be limited only to City-owned property or the rooftops on City-owned parking structures.
(26) Permitted, subject to obtaining an Alcohol Exemption pursuant to SMMC 9.31.040(D)(2). If no Alcohol Exemption is obtained, a Conditional Use Permit is required.
(27) Restaurants up to 7,500 sf and located at least 75 feet of a residential use in a residential district are permitted. All other restaurants shall require approval of a Conditional Use Permit. (28) Permitted if located on the west side of Lincoln Boulevard. Restaurants located on the east side of Lincoln Boulevard shall require approval of a Conditional Use Permit.
(29) Permitted if all objective planning standards set forth in Government Code Section 65914.900 are met. (D) Notwithstanding any provisions of Santa Monica Municipal Code to the contrary, the following regulations set forth in Section 9.10.050 related to Outdoor Rooftop Uses on CityOwned Parking Structures shall apply:
9.10.050 Outdoor Rooftop Commercial Uses on City-Owned Parking Structures Any proposed conversion of parking area to accommodate an outdoor rooftop commercial use on the top-level of an existing City-Owned parking structure within the Third Street Promenade Area shall be subject to the following:
A. Excluded as Floor Area and from Floor Area Ratio. Any unenclosed rooftop parking areas on City-Owned Parking Structures that are converted to and utilized as outdoor rooftop commercial space as permitted in the district, including any new enclosed structures supportive 5 of such permitted uses erected within the converted parking area including but not limited to, temporary or permanent restroom facilities, concession stands, and storage structures, shall be excluded from floor area and floor area ratio requirements.
B. Allowable Height Projections. Maximum height projections as measured from the finished parking surface level, including any deck-leveling surfaces as required, shall be allowed as set forth in Section 9.21.060(A).
C. Applicability Certain Land Use and Zoning Related Provisions.
Notwithstanding anything to the contrary in Chapters 9.65, Child Care Linkage Program, 9.66, Transportation Impact Fee Program, 9.67, Parks and Recreation Development Impact Fee Program, and 9.68, Affordable Housing Commercial Linkage Fee Program, for purposes of determining applicability, conversion of rooftop parking area on City- owned parking structures to outdoor rooftop commercial use shall not be considered a “Project” and shall not be subject to associated impact fees.
(E) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.21.060 to the contrary, the following regulations related to Height Projections shall apply:
9.21.060 Height Projections
No structure shall project above the height limits established in this Article except as specified in this Section.
A. Building-Mounted and Attached Structures. Table 9.21.060 establishes the maximum permitted projection(s) above the height limit of a building and into the daylight plane for structures that are typically mounted or attached to a building. These projections are by right, with no discretionary permit required. Table 9.21.060 also establishes limitations in the horizontal coverage of permitted projections. Some allowances apply in all Zoning Districts 6 while others are limited to specified Zoning Districts. In the Single-Unit Residential (R1) District, allowed height projections into the minimum side stepback areas above 23 feet shall be permitted. None of these projections shall permit occupiable space above the height limit. The total aggregate coverage of projections shall not exceed 30% of a roof’s area. This limitation shall not apply to solar energy systems (see Section 9.21.150).
TABLE 9.21.060: ALLOWED PROJECTIONS ABOVE HEIGHT LIMITS AND DAYLIGHT PLANE Structure
Maximum Aggregate
Coverage of Building’s
Roof Area (%); Other
Locational Restrictions
Maximum
Vertical
Projection (ft.)
Above the
Height
Limit*
Projections Allowed in All Zoning Districts:
Skylights No limit 1 ft.
Skylights on flat roofs 30%; May not be located
within 5 ft. of any edge of
the roof
5 ft.
Chimneys, vent stacks 5% 5 ft.
Windscoops 5% 5 ft.
Solar energy systems located on a rooftop See Section 9.21.150 See Section
9.21.150
Antennas
One standard television receive-only nonparabolic
antenna and one vertical whip
Antenna
10%; May not be located
between the building and
any
street-facing parcel line
25 ft.
Other antennas See Chapter 9.32, Telecommunications Facilities TABLE 9.21.060: ALLOWED PROJECTIONS ABOVE HEIGHT LIMITS AND DAYLIGHT PLANE 7 7
Structure
Maximum Aggregate
Coverage of Building’s
Roof Area (%); Other
Locational Restrictions
Maximum
Vertical
Projection (ft.)
Above the
Height
Limit*
Parapets, fire escapes, catwalks, and open guard rails
required by law As required by law As required by
law
Projections Allowed in All Districts Except R1 and OP-1 Districts:
Non-occupiable features such as steeples, spires, towers, domes, and cupolas 10% 10 ft.
Rooftop features for outdoor living areas, such as
sunshade, open railings, trellises, and landscaping 25% 10 ft.
Elevator shafts 15% 18 ft.* above the
roofline
Stairwells 25% 14 ft.* above the
roofline
Mechanical rooms and enclosures 25% 12 ft.* above the
roofline
Ventilating fans, water tanks, cooling towers, or other equipment required to operate and maintain a building,
along with screening of such equipment
required by Section 9.21.140, Screening
Total area enclosed by all
screening may not exceed
30% of roof area
12 ft.
Projections Allowed for Outdoor Rooftop Commercial Uses on City-Owned Parking Structures Located in the Third Street Promenade Area:
Outdoor cinema and theater screens. None 25 ft. above the finished parking
surface level,
including deckleveling surfaces as
required.
Concession stands, restroom facilities, storage
structures, shade structures, or similar structures
associated with rooftop cinemas/theaters,
None 15 ft. above the
finished parking
surface level,
including deckleveling surfaces as
required.
Structures associated with rooftop community
assembly, community gardens, and small/large-scale
commercial entertainment and recreation facilities
None 15 ft. above the
finished parking
surface level,
including deckleveling surfaces as
required.
(F) Notwithstanding any provisions of Santa Monica Municipal Code to the contrary, the following regulations set forth in Section 9.27.030 Legal Nonconforming Structures shall apply:
7 8
9.27.030 Legal Nonconforming Structures
A nonconforming structure may be maintained as follows:
A. Repairs, Alterations, and Improvements. Subject to Chapter 9.25 and subsection (B) of this Section, repairs, alterations, or improvements may be made to nonconforming buildings.
B. Additions and Enlargements. An addition to or enlargement of a nonconforming building shall be permitted if the addition or enlargement is made to conform to all the development standards and use regulations of the District in which it is located.
C. Replacing Nonconforming Features or Portions of Buildings. Nonconforming features or portions of buildings that are removed shall not be replaced unless they conform to the provisions of this Chapter, with the exception of the following:
1. Nonconforming architectural features which have been removed from any existing building which is designated as a Historic Resource or listed on the Historic Resources Inventory may be replaced if the Landmarks Commission determines that such feature contributes to the building’s historic architectural integrity and that the reconstruction conforms to the Secretary of Interior’s Standards for the Treatment of Historic Properties.
Landmarks Commission review of such reconstruction shall be processed generally in accordance with the procedures for processing applications for Certificates of Appropriateness contained in Chapter 9.56. Any project subject to Landmarks Commission review under this Section shall not require additional review by the Architectural Review Board. The determination of the Landmarks Commission under this Section shall be appealable to the City Council.
2. Properties directly facing the Third Street Promenade within the BC (Third Street Promenade Area) District developed pursuant to an approved Development Review Permit 7 9
(DRP) shall be permitted to remove and replace any non-conforming floor area at any given time and thereby retain the floor area and floor area ratio development rights granted by the DRP and/or original building permit, subject to the following:
a. Floor area may be rebuilt in the same location or relocated within the existing building envelope of the approved DRP;
b. Floor area may be rebuilt as a building addition in conformance with all other applicable district development standards in effect at the time of proposed addition, in a manner that does not expand any other existing non-conforming building features, including but not limited to maximum building height. The rebuilt floor area shall not be subject to development fees pursuant to Article 9 Planning and Zoning.
D. Moving. No nonconforming building shall be moved in whole or in part to any other location on the parcel unless every portion of the building is made to conform to all of the regulations of the District in which it is located. A relocated building shall be considered a new structure. However, if the building is a City-Designated Historic Resource, the Landmarks Commission may approve nonconforming setbacks through the issuance of a Certificate of Appropriateness.
E. Damaged or Destroyed. A nonconforming building which is damaged or destroyed may be restored or replaced in accordance with Section 9.27.040.
F. Demolition. An existing nonconforming building that is demolished shall lose any legal nonconforming status and may only be replaced or rebuilt if the entire structure is made to comply with all currently applicable zoning ordinance requirements unless:
1. The existing building is a Historic Resource or is listed on the City’s Historic Resources Inventory, provided the alteration or addition conforms with the Secretary of the 7 10
Interior’s Standards for Rehabilitation and Illustrated Guidelines for Rehabilitating Historic Buildings.
2. The existing building is commercial or industrial and is altered in accordance with all of the following criteria:
a. The alterations only involve the replacement of the footings, cripple walls, stem walls, or similar structural components between the structure’s footings and the finished floor of the first story as defined in Chapter 8.12 of the Santa Monica Municipal Code;
b. The alterations are only undertaken to the minimum extent necessary to maintain a safe structure;
c. The existing exterior wall elements or principal support structure remain in place at all times and provide necessary structural support to the building upon completion of the alterations; and
d. No new floor area is added.
3. The existing building is residential and is altered or added to in accordance with all of the following criteria:
a. The alterations or additions to the existing residential building include the replacement of the footings, cripple walls, stem walls, or similar structural components between the structure’s footings and the finished floor of the first story as defined in Chapter 8.12 of the Santa Monica Municipal Code; and b. The existing first story exterior wall elements remain in place at all times and provide necessary structural support to the building upon completion of the alteration or addition.
7 11
4. The building was demolished as a result of a non-voluntary fire or explosion, earthquake, or other natural disaster and it is restored or replaced in accordance with Section 9.27.040.
G. Termination. A nonconforming building need not be discontinued and removed or altered so long as the nonconforming building is maintained in accordance with this Section. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015) (G) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.28.040 to the contrary, the following regulations related to Calculating Off-Street Parking and Loading Spaces shall apply:
9.28.040 Calculating Off-Street Parking and Loading Spaces A. Rules for Calculating Required Spaces. The following rules shall be followed for calculating the amount of off-street parking and loading spaces.
1. Rounding. Fractional space requirements totaling 0.5 or above shall be rounded up to the next whole space after calculating the total number of required spaces.
Rounding up shall not apply to loading spaces; however, a minimum of one space shall be provided.
2. Residential Uses. For purposes of calculating off-street parking requirements for dwelling units, all private living spaces including, but not limited to, dens, studios, family rooms, studies and lofts shall be considered as “bedrooms” except that a maximum of one such room per unit shall not count as a bedroom if it is less than 100 square feet in area. Kitchens, bathrooms, and one living room per unit shall not be considered bedrooms. Semiprivate rooms shall not count as bedrooms if they have no doors and a minimum 7-foot opening to adjacent living space. A loft or mezzanine shall not count as a bedroom if the maximum width of the loft or mezzanine is less than 7 feet. 7 12
3. Non-residential Uses. Unless otherwise specified, the floor areas used to calculate the number of off-street parking and loading spaces required for non-residential uses shall include:
a. All floor area located above or below grade devoted to office, retail, service, or other activities and uses, storage areas, restrooms, lounges, lobbies, kitchens, and interior hallways and corridors, unless exempted by this Chapter; and b. All outdoor areas that will accommodate a permanent activity that will generate a demand for parking facilities in addition to that which is provided for principal activities and uses within the building or structure.
4. Multiple Uses. When two or more principal uses are located on the same parcel, the estimated parking demand shall be the sum of the estimated demand of the various individual uses computed separately, in accordance with this Section, unless shared parking is approved pursuant to Section 9.28.180.
5. Exclusions. Floor area devoted to the following shall not be included when determining required parking and loading spaces:
a. Automobile parking;
b. Loading areas;
c. Driveways, drive aisles, ramps;
d. Bicycle parking;
e. Showers or locker areas not associated with a physical training, personal service or instructional service; and
f. Outdoor dining areas and other outdoor space permitted pursuant to Section 9.31.199, Outdoor Commercial Uses on Private Property, and Section
9.31.200, Outdoor Dining and Seating on Sidewalks.
7 13
(H) Santa Monica Municipal Code Section 9.31.199.5, Pilot Program for Exclusively Outdoor Commercial Uses on Private Property in the Office Campus District, shall be added and read in its entirety as follows:
9.31.199.5 Pilot Program for Exclusively Outdoor Commercial Uses on Private Property in the Office Campus District
A. Purpose and Applicability. The purpose of this Section is to initiate a pilot program that permits commercial uses that occur predominantly on outdoor spaces, such as outdoor antique markets, night markets, and similar multi-vendor open-air ventures in the Office Campus (OC) District while ensuring that they do not result in an adverse impact on adjacent land uses, with emphasis on any surrounding residential uses. The requirements of this Section are not applicable to outdoor sales conducted in conjunction with an existing retail business. See Section 9.31.220, Outdoor Retail Display and Sales.
B. Definitions. The definitions in Section 9.52.020 apply to the terms and phrases in this Section, unless otherwise specified herein. In addition, the following terms and phrases have the following meanings when used in this Section:
1. Exclusively Outdoor Commercial Use. A commercial uses that occurs predominantly outdoors. Exclusively Outdoor Commercial Uses may be operated by businesses that do not meet the definition of Eligible Business for purposes of Section 9.31.199, Outdoor Commercial Uses on Private Property.
C. Limitation on Exclusively Outdoor Commercial Uses. Exclusively Outdoor Commercial Uses shall be designed, located, and operated in accordance with the requirements of this Section. No Exclusively Outdoor Commercial Use may operate within the City without first obtaining a Zoning Conformance Review Permit in accordance with Chapter
9.38. 7
14 D. Location; Minimum Distance from Residential Districts.
1. Exclusively Outdoor Commercial Uses may be permitted on surface parking lots in the Office Campus (OC) District. Exclusively Outdoor Commercial Uses are not required to be associated with the primary use of the parcel on which they are located.
2. The perimeter of the Exclusively Outdoor Commercial Use shall be located a minimum of 500 feet from any residential district.
E. Minimum Parcel Size. Exclusively Outdoor Commercial Uses may be conducted on parcels of 30,000 square feet or greater.
F. Duration of Use. Exclusively Outdoor Commercial Uses may only operate four times per month for no more than five consecutive days. Setup and cleanup may occur for up to two consecutive days prior to and after the market operations.
G. Food Sales. Food sales may be provided, including from food trucks, subject to compliance with all applicable law, including, but not limited to, City and County regulations. The requirements of Section 9.31.190, Mobile Food Truck Off-Street Venue, shall not apply to Exclusively Outdoor Commercial Uses complying with the provisions of this Section.
H. Hours of Operation. The hours of operation shall not exceed 7 a.m. to 11 p.m. each day of the event. Setup shall begin no earlier than 5 a.m. and all cleanup shall be concluded no later than 12 midnight.
I. Amplified Sound. No amplified sound, including, but not limited to, music or a public address system, shall be audible beyond the boundaries of the parcel on which the Outdoor Commercial Use is being conducted.
J. Parking and Circulation. A parking, loading, and circulation plan shall be approved by the Mobility Division through the Zoning Conformance Review process to 7 15
ensure that events do not adversely impact vehicular traffic, safety, public right-of-way, or transit services.
K. Sanitary Facilities. A minimum of two portable sanitary facilities (including at least one ADA accessible stall) shall be located onsite and remain open for public use throughout the duration of the event. Additional sanitary facilities shall be provided in compliance with the current Building and Plumbing Codes, if applicable.
L. Security. Private security shall be provided during all hours that the event is open to the public.
M. Solid Waste and Litter. Refuse and recycling containers shall be provided for the proper disposal of litter. There shall be personnel assigned to clean up litter throughout the duration of the event.
1. A refuse and recycling plan shall be prepared for review by the City’s Resource Recovery and Recycling Division through the Zoning Conformance Review process if the Exclusively Outdoor Commercial Use meets any of the following:
a. More than 1,000 attendees are anticipated;
b. If more than 2,500 attendees are anticipated; or
c. If food or beverages will be served.
N. Licensing. Each vendor shall be properly licensed, including, but not limited to, licenses required by the City and/or the Los Angeles County Department of Public Health, as applicable.
O. Building Permits and/or Fire Department Permits. Any proposed temporary stand, platforms, fences, canopies, tents and other similar miscellaneous structures requiring a building permit, or special building permit for a limited period of time, shall obtain such required permit in accordance with the Building Code. Fire Department 7 16
permits or review and approval by the Fire Department may also be required for tents, canopies, open flames, candles, and or cooking, and such permits or review shall also be obtained in accordance with all applicable law.
(I) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.31.340 to the contrary, the following regulations related to Small Scale Facility (Commercial Entertainment and Recreation), Game Arcades shall apply:
SMMC 9.31.340 Small Scale Facility (Commercial Entertainment and Recreation), Game Arcades.
The noise and loitering commonly associated with game arcades tend to decrease compatibility with adjacent and surrounding uses. In order to mitigate the impacts of hits use on other land uses, specific location limitations, development standards, and provisions shall be imposed on arcades and video machines. The following performance standards shall apply to game arcades.
1. Applicability. Except as provided in subsection 2, below, arcades shall be permitted only in the OF District with approval of a Minor Use Permit and only in the following 2 locations: on the Santa Monica Pier and fronting on the Promenade. A Minor Use Permit shall also be required for existing arcades at such time as those arcades apply for City permits for expansion or remodeling or any other development requiring a permit from the City or within one year of the date of adoption of this Ordinance.
2. Notwithstanding anything to the contrary in subsection 1, above, the provisions of this Section 9.31.340 shall not apply to game arcades located in the Bayside Conservation (BC) District.
B. Number of Machines. Four or fewer arcade or game machines shall be permitted in any commercial business. More than four arcade or game machines for any commercial 7 17
business constitutes an arcade which shall be subject to the standards and provisions of this Section.
C. Noise Attenuation Requirements. 1. Any arcade building or tenant space shall be constructed to achieve a minimum sound transmission class (STC) sound rating of 50 between the arcade and any adjacent use that shares a common wall or floor-ceiling assembly.
2. All arcades shall comply with the City’s noise ordinance, Chapter 4.12.
D. Maximum Number of Machines. The number of arcade or game machines shall not exceed one machine per each 30 square feet of floor area.
E. Adult Supervision/Surveillance. All arcade and game machines and all areas of the business shall be readily observed at all times by an adult supervisor of the arcade either by direct observation from a raised dais or through a video camera monitoring system approved by the Santa Monica Police Department with cameras positioned so that the supervisor can observe all areas of the arcade simultaneously on a multi-screen monitor. If a video camera monitoring system is utilized, it shall be installed so that the monitoring supervisor is visible from the main arcade area and a sign shall be displayed at all entries to the arcade informing patrons that a video monitoring system is in use. In addition to the required supervision from a raised dais or video camera monitoring system, an adult supervisor shall be present in the main arcade area at all times that the arcade is open. If the number of arcade and game machines exceeds forty, there shall be 2 such adult supervisors present in the main arcade area.
F. Lighting. The arcade shall be fully and adequately lighted for easy observation of all areas of the premises.
G. Bicycle Racks. A bicycle storage rack or racks accommodating a minimum of four 7 18
bicycles shall be maintained adjacent to the arcade building and off the public sidewalk to adequately accommodate bicycles utilized by arcade patrons. (J) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.31.370 to the contrary, the following regulations related to Temporary Uses and Seasonal Sales shall apply:
9.31.370 Temporary Uses and Seasonal Sales
1. This Section establishes standards and requirements for certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur. Temporary uses shall require approval of a Temporary Use Permit pursuant to Chapter 9.44 with the following exceptions: Seasonal sales of holiday-related items such as Christmas trees, pumpkins and similar items that have a duration of not more than 45 consecutive calendar days and are conducted in conjunction with an established retail commercial business holding a valid City business license or conducted by a school or place of worship;
2. Temporary carnivals, fairs, and festivals with a duration of not more than 3 days when conducted by a school or place of worship on land owned by the school or place of worship;
3. Art displays under the sponsorship of any recognized art organization or accredited school on any parking lot in any commercial or industrial district provided that the art display is on a Saturday, Sunday, or holiday when the place or places of business, which have control of the parking lot are not open for business on the day the art display is to occur;
4. Trailers that provide residences for security personnel associated with any approved construction site;
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5. Construction offices where approved construction projects are being diligently completed;
6. Yard sales limited to 2 per calendar year, for each dwelling unit, for a maximum of 2 days each;
7. Events which occur in theaters, meeting halls, or other permanent public assembly facilities;
8. Private social gatherings in private residences.
B. Temporary Uses Requiring a Temporary Use Permit. Temporary uses may be permitted with the approval of a Temporary Use Permit, pursuant to Chapter
9.44,Temporary Use Permits, subject to compliance with the standards. Additional or more stringent requirements may be established through the Temporary Use Permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the City as a whole.
1. Stand-Alone Seasonal Sales. Seasonal sales of holiday related items such as Christmas trees, pumpkins, and similar items conducted for a period not to exceed 45 consecutive calendar days.
2. Temporary Outdoor Sales. Temporary outdoor sales conducted by an established retail commercial business holding a valid City business license, including, but not limited to, grand opening events, sidewalk sales, and other special sales events subject to the following standards:
a. Temporary outdoor sales shall be conducted by an established retail commercial business holding a valid City business license for the same site. b. Outdoor display and sales areas must be located on a paved or concrete area on the same parcel as the structure(s) containing the business with 7 20
which the temporary sale is associated.
c. Location of the displayed merchandise must not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.
d. Number of Events. No more than 4 events shall be allowed on any 1 site within any 12-month period, except sidewalk sales located on the public rightof-way shall be limited to 2 events for periods not exceeding 3 consecutive days each within any 12-month period. Business Improvement Districts and Areas shall be exempt from the limitations on number of events.
3. Special Events. Other short-term special events, outdoor sales, art sales, and displays that do not exceed 3 consecutive days, may be permitted in accordance with the following standards:
a. Location. Events are limited to nonresidential districts. b. Number of Events. No more than 4 events shall be allowed on any 1 site within any 12-month period.
c. Recreational Special Events. Short-term recreational special events shall be part of an existing Commercial Recreation or Personal Service use located on the same site.
d. Carnivals, Fairs, and Festival Events. Carnivals, fairs, and festival events are also subject to the following standards:
i. Location. Events are limited to areas within commercial or employment districts, or on land owned by a school or place of worship. ii. Time Limit. When located adjacent to a Residential District, the 7 21
hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.
4. Other Temporary Uses. The following temporary uses may also be permitted subject to the approval of a Temporary Use Permit when conducted for a period not to exceed 180 consecutive calendar days:
a. Circuses and carnivals subject to compliance with Article 6 of the Municipal Code; Fairs, festivals, and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities;
b. Off-site contractors’ construction yards;
c. Similar temporary uses or other temporary uses supportive of economic recovery, which the Director has determined will be compatible with the purposes of the district and surrounding land uses.
d. The Zoning Administrator may approve a single extension of a Temporary Use Permit under this subsection for an additional 180 days, subject to any additional operational conditions as deemed necessary, and subject to a finding that the operation of the approved temporary use at the location and within the time period specified operated in a manner that did not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare. Any proposed extension exceeding 180 days not meeting the requirements of this subsection be shall be subject to Minor Use Permit approval pursuant to Subsection C below.
C. Temporary Uses Requiring a Minor Use Permit. Other special events, temporary uses, outdoor sales, and displays not specifically limited under this Section that exceed 180 consecutive calendar days shall require the approval of a Minor Use Permit pursuant 7 22
to Chapter 9.41, Minor Use Permits and Conditional Use Permits. (K) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.44.060 to the contrary, the following regulations related to Temporary Uses Requiring a Minor Use Permit shall apply:
9.44.060 Temporary Uses Requiring a Minor Use Permit
Other special events, temporary uses, outdoor sales, and displays not specifically limited under Section 9.31.370 that exceed 180 consecutive calendar days shall require the approval of a Minor Use Permit pursuant to Chapter 9.41, Minor Use Permits and Conditional Use Permits