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 PROMOTE ECONOMIC RECOVERY AND INCREASE LAND USE FLEXIBILITY IN THE CITY’S
DOWNTOWN AREA
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 DCP supports activities that enrich the Promenade, 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
2 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 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
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 three-story 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, the Ocean Transition (OT) District, consisting of parcels located on or adjacent to Ocean Ave and across from Palisades Park, is intended to promote public and private enhancements to make Ocean Avenue a more consistently enjoyable walking experience and more integrated into the larger Downtown multimodal circulation network; and WHEREAS, standards for the OT support the overall improvement of the pedestrian experience, restaurants with outdoor dining, small-scale retail and services, and housing and office uses on upper floors; 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, 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
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 4 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 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, as of March 31, 2023, the local, state, and federal COVID-19 emergency declarations have concluded; and WHEREAS, although the emergency orders have been lifted, the economic impacts of the COVID-19 closures of, and limitations on, businesses have been and 5 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 and economic impacts can threaten the health, safety, and economic welfare of citizens and businesses; and WHEREAS, on October 25, 2022, City Council adopted an Ordinance amending the text of the City’s Zoning Ordinance related to economic recovery in commercial districts Citywide and in the area including and immediately adjacent to the Third Street Promenade; and
WHEREAS, these zoning changes codified Emergency Interim Zoning Ordinances approved in response to the COVID-19 pandemic and focused on relaxing barriers that had been shown to create unnecessarily difficult processes for simple changes of use inhibiting the establishing of common neighborhood-servicing uses; and
6 WHEREAS, on January 24, 2023, City Council held a discussion session requesting that the City develop strategies to revitalize the Third Street Promenade that included, but were not limited to, establishing an arts and entertainment district in the 1200 block of the Third Street Promenade, expanding outdoor dining opportunities, promoting available space and development opportunities, Zoning Ordinance amendments to expand allowable uses, and opportunities to partner with Downtown Santa Monica, Inc. on street performances; 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, on July 25, 2023, due to the continued economic uncertainty arising out of the COVID-19 pandemic, and the high vacancy rate along the Promenade in the Downtown area, the City Council adopted Interim Zoning Ordinance Number 2754 (CCS) (“IZO 2754”), which adopted interim zoning regulations to: (1) provide greater flexibility for restaurants that provide entertainment within the Third Street Promenade Area District; (2) expand Alcohol Exemption (AE) permits to additional uses to further streamline the review of alcohol permits while also correcting and refining existing AE permit condition; (3) enable the Director of Planning to consider commercial uses that are not clearly defined in the Zoning Code; (4) extend terms for Temporary Use Permits; and (5) allow outdoor rooftop commercial uses on public parking structures owned by the City (the “interim zoning regulations”); and WHEREAS, IZO 2754 became effective September 22, 2023 and was set to expire on November 22, 2023; and
7 WHEREAS, on October 10, 2023, the City Council adopted Interim Zoning Ordinance Number 2761 (CCS) (“IZO 2761”), extending the interim zoning regulations for the full 60 months in accordance with SMMC 9.46.090(C), to November 22, 2028; and
WHEREAS, on October 22, 2024, Council adopted amendments to the Interim Zoning Ordinance to further promote economic recovery efforts within the Downtown and Third Street Promenade area, simplifying the review process for new businesses; and
WHEREAS, the 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 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
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, consistent with the City’s Outdoor Space Program efforts, the IZO also 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
8 WHEREAS, on March 25, 2025, 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, on April 8, 2025, the Council amended the IZO and adopted Ordinance 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 District; and ,
WHEREAS, the amendments to the interim zoning regulations support local business retention and promote new business opportunities within the Downtown, addressing the needs of the business community and residents and supporting small businesses by simplifying land use standards and streamlining review procedures; and
WHEREAS, the City would now like to codify and make permanent certain IZO standards that have been effective in the opening of new businesses within the Downtown since their establishment; and
WHEREAS, making certain standards permanent would provide the business community with even greater certainty in the City’s ongoing commitment to supporting new and existing businesses; and
9 WHEREAS, the current IZO standards and other minor changes to be codified permanently in the Zoning Ordinance may include, but are not limited to, the following: (1) expanding permitted land uses and limiting discretionary reviews within the downtown; (2) providing greater flexibility for restaurants located within the Third Street Promenade Area, including removing certain operation restrictions on ancillary entertainment before a CUP is required; (3) expanding alcohol exemptions within the BC districts; (4) simplifying alcohol exemption criteria; and (5) eliminating the fast food prohibition on the Promenade; and
WHEREAS, these changes reflect short and medium-term policy and procedural changes specific to the evolving economic vitality of the Promenade and Downtown area; and
WHEREAS, alcohol permit streamlining with the broadened range of permitted uses with fewer restrictions in the BC Districts has been critical for new businesses opening in the Downtown and is appropriate for permanent adoption; and WHEREAS, other policy changes in streamlining land use review will be evaluated for improvements over time based on feedback and continued evaluation of the Promenade and Downtown area changes will be ongoing; and WHEREAS, on June 4, 2025 in accordance with Santa Monica Municipal Code Section 9.46.030(B), the Planning Commission adopted a Resolution of Intention, Resolution Number 25-010 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance to promote economic recovery and increase land use flexibility in the City’s Downtown Area; and 10 WHEREAS, on July 2, 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; and
WHEREAS, City Council now desires to adopt the recommended changes to the Zoning Ordinance to promote economic recovery and increase land use flexibility in the City’s Downtown Area.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The text of Santa Monica Municipal Code is hereby amended to promote economic recovery and increase flexibility in the City’s Downtown Area, as set forth in Exhibit A.
A. The proposed amendments to the text of the Zoning Ordinance are consistent with the General Plan in that the amendments implement LUCE policies to adapt to changing conditions and to support small businesses. Specifically, Goal LU9 states to actively monitor and manage land use changes to address community needs, promote citywide sustainability and ensure community livability.
The City’s economic recovery efforts seek to support new and existing businesses with zoning flexibility. In addition, Policy LU13.4 seeks to reduce regulatory costs on small businesses and for the City to continue exploring ways to streamline the approval process for new and existing businesses. Accordingly, the proposed amendments support small businesses by simplifying alcohol-related processing and operational standards. The proposed amendments to the downtown area are consistent with citywide goals and policies related to maintaining a diversified and 11 sustainable economy based on the proposed expansion of applicable commercial uses that can obtain an administrative Alcohol Exemption Permit, allowance of all restaurant types on the Promenade, and fewer restrictions on restaurants providing entertainment.
B. 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 proposed amendments will provide continued support necessary for the City’s business retention and economic recovery efforts addressing the needs of the business community by simplifying land use standards and streamlining review procedures
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 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. 12 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, Acting City Attorney
13 EXHIBIT A
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.
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 Multiple- Unit
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
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
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 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 Beverage Sales Stores CUP CUP CUP CUP CUP CUP -
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,
General Retail Sales, Small- Scale L(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 Outdoor Retail
Display and Sales
General Retail Sales, Large- Scale - - - - - - -
Medical Marijuana
Dispensaries
CUP - - - - - - Section 9.31.185,
Medical
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
Marijuana
Dispensaries
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) 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.
A. Alcohol Exemption Zoning Conformance Permit.
1. Citywide Excluding the Bayside Conservation (BC) District, Ocean Transition (OT) District, Santa Monica Place, and Santa Monica Pier. Except as provided in paragraph 2 below, limited and full-service restaurants that offer alcoholic beverages incidental to meal service that are located citywide, excluding the Bayside Conservation (BC) District; the Ocean Transition (OT) District south of Wilshire Boulevard; the area bounded by 2nd Street to the west, Broadway to the north, 4th Street to the east, and Colorado to the south; and the Santa Monica Pier shall be exempt from the provisions of the Conditional Use Permit requirement of subsection B of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions:
a. If a counter service area is provided, food service shall be available at all hours the counter is open for patrons, and the counter area shall not function as a separate bar area;
b. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted;
c. Customers shall be permitted to order meals at all times and at all locations where alcohol is being served. The establishment shall serve food to patrons during all hours the establishment is open for customers; d. The premises shall maintain a kitchen or food-serving area in which a variety of food is prepared on the premises;
e. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license;
f. No video or other amusement games shall be permitted on the premises;
g. Entertainment may only be permitted in the manner set forth in Section 9.31.290, Restaurants with Entertainment;
h. The primary use of any outdoor dining area shall be for seated meal service. Patrons who are standing in the outdoor seating area shall not be served;
i. The operation shall at all times be conducted in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator shall control noisy patrons leaving the restaurant; j. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 12:00 a.m. with complete closure and all employees vacated from the building by 1:00 a.m. All alcoholic beverages must be removed from the outdoor dining area no later than 11:00 p.m. Sunday through Thursday. No after-hours operation is permitted;
k. Liquor bottle service shall be prohibited. Wine and beer bottle service shall not be available to patrons unless full meal service is provided concurrent with the bottle service. For purposes of this paragraph, “bottle service” means the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer. All food items shall be available from the premises’ full service menu; l. No organized queuing of patrons at the entry or checking of identification to control entry into and within the establishment shall be permitted. There shall not be any age limitation imposed restricting access to any portion of the restaurant;
m. The premises shall not organize or participate in organized “pubcrawl” events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant; n. Establishments with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code; o. Prior to occupancy, a security plan shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues;
p. Prior to occupancy, the operator shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC- sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the employee shall attend the alcohol awareness training within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator shall provide the City with an annual report regarding compliance with this requirement. The operator shall be subject to any future Citywide alcohol awareness training program affecting similar establishments;
q. Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the State ABC;
r. Prior to occupancy, the operator shall submit a plan describing the establishment’s designated driver program, which shall be offered by the operator to the establishment’s patrons. The plan shall specify how the operator will inform patrons of the program, such as offering on the menu a free non-alcoholic drink for every party of 2 or more ordering alcoholic beverages; s. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to please not litter or block driveways in the neighborhood; t. Employees of the establishment shall walk a 100-foot radius from the facility at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons; and
u. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. Minor amendments to the plans shall be subject to approval by the Director;
v. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section.
2. Bayside Conservation (BC) District, Ocean Transition (OT) District, and Santa Monica Place.
Notwithstanding the provisions of paragraph 1, above, in the Bayside Conservation (BC) District; the Ocean Transition (OT) District south of Wilshire Boulevard; and the area bounded by 2nd Street to the west, Broadway to the north, 4th Street to the east, and Colorado to the south, the following uses that offer alcoholic beverages incidental to the primary use, including bars/nightclubs/lounges that primarily serve alcoholic beverages, shall be exempt from the provisions of the Conditional Use Permit requirement of subsection B of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions established for each use:
a. Restaurants (Full-Service and Limited Service and Take Out) and Food Halls
i. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
ii. From 8:00 a.m. until at least 10:00 p.m., food service shall be available at all times when alcohol is being served. iii. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license.
iv. Window or other signage visible from the public right-ofway that advertises beer or alcohol shall not be permitted. v. Entertainment may only be permitted in the manner set forth in Section 9.31.290(D), Restaurants with Entertainment; vi. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
vii. Establishment shall comply with SMMC Chapter 4.12
Noise, except that Section 4.21.140 Nightclubs, Bars and Establishments with Amplified Music shall not apply.
viii. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues. ix. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol- awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABCsponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director.
The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments.
x. Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
xi. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free non-alcoholic drink for every party of 2 or more ordering alcoholic beverages.
xii. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood. xiii. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.
xiv. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director. xv. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section.
b. Bars/Nightclubs/Lounges
i. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
ii. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license.
iii. Window or other signage visible from the public right-ofway that advertises beer or alcohol shall not be permitted. iv. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
v. Establishment shall comply with SMMC Chapter 4.12
Noise, except that Section 4.21.140 Nightclubs, Bars and Establishments with Amplified Music shall not apply.
vi. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues. vii. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol- awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments.
viii. Within 30 days from the date of approval of this
exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
ix. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free non-alcoholic drink for every party of 2 or more ordering alcoholic beverages.
x. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood. xi. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.
xii. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans.
Minor amendments to the plans shall be subject to approval by the Director.
xiii. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section.
c. Convenience Markets
i. The permitted hours of alcoholic beverage sales shall be 8:00 a.m. to 10:00 p.m. daily.
ii. Window or other signage visible from the public right-ofway that advertises beer or alcohol shall not be permitted. iii. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
iv. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues. v. Within 30 days from the date of approval of this
exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
vi. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.
vii. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans.
Minor amendments to the plans shall be subject to approval by the Director.
viii. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section.
d. Cultural Facilities and Instructional Services
i. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
ii. Service of alcoholic beverages shall be incidental to the primary use.
iii. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license.
iv. Window or other signage visible from the public right-ofway that advertises beer or alcohol shall not be permitted. v. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
vi. Establishment shall comply with SMMC Chapter 4.12
Noise, except that Section 4.21.140 Nightclubs, Bars and Establishments with Amplified Music shall not apply.
vii Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
viii. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol- awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments.
ix. Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
x. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.
xi. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans.
Minor amendments to the plans shall be subject to approval by the Director.
xii. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section.
e. Outdoor Rooftop Commercial Uses: Cinemas, Community
Assembly, Small/Large-Scale Commercial Entertainment and Recreation Facilities
i. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
ii. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
iii. Establishment shall comply with SMMC Chapter 4.12
Noise.
iv. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues. v. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol- awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments.
vi. Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
vii. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free non-alcoholic drink for every party of 2 or more ordering alcoholic beverages.
viii. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood. ix. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.
x. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans.
Minor amendments to the plans shall be subject to approval by the Director.
xi. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section.
f. Commercial Entertainment and Recreation: Small-Scale Facilities and Large-Scale Facilities
i. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
ii. Service of alcoholic beverages shall be incidental to the primary use.
iii. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license.
iv. Window or other signage visible from the public right-ofway that advertises beer or alcohol shall not be permitted. v. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
vi. Establishment shall comply with SMMC Chapter 4.12
Noise, except that Section 4.21.140 Nightclubs, Bars and Establishments with Amplified Music shall not apply.
vii. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues. viii. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol- awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments.
ix. Within 30 days from the date of approval of the
exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
x. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free non-alcoholic drink for every party of 2 or more ordering alcoholic beverages.
xi. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood. xii. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.
xiii. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans.
Minor amendments to the plans shall be subject to approval by the Director.
xiv. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section.
g. Retail Sales: General Retail Sales, Small-Scale and Medium-Scale i. The permitted hours of alcoholic beverage sales for off- site consumption and or on-site tasting shall be 8:00 a.m. to 2:00 a.m. daily.
ii. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.
iii. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
iv. Establishment shall comply with SMMC Chapter 4.12 Noise, except that Section 4.21.140 Nightclubs, Bars and Establishments with Amplified Music shall not apply.
v. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues. vi. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcoholawareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC- sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments. vii. Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
viii. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free non- alcoholic drink for every party of 2 or more ordering alcoholic beverages.
ix. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood. x. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.
xi. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division.
Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director. xii. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section.
3. Santa Monica Pier. Notwithstanding the provisions of paragraph 1, above, limited and full service restaurants, bars/nightclubs/lounges, food halls, and small and medium scale general retail sales on the Santa Monica Pier shall be exempt from the provisions of the Conditional Use Permit requirement of subsection B of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions:
a. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
b. From 8:00 a.m. until at least 10:00 p.m., food service shall be available at all times when alcohol is being served.
c. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license.
d. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.
e. Except as may be permitted by a Temporary Use Permit issued in accordance with Santa Monica Municipal Code Chapter 9.44, Temporary Use Permits, alcohol shall not be served in any disposable containers such as disposable plastic or paper cups.
f. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
g. Liquor bottle service shall be prohibited. Wine and beer bottle service shall not be available to patrons unless food service is provided concurrent with the bottle service. For purposes of this paragraph, “bottle service” means the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, or other items used for the mixing of drinks, which patrons are able to then use to make their own drinks or pour their own wine or beer.
h. The premises shall not organize or participate in organized “pub- crawl” events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the premises. i. Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code. j. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
k. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcoholawareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments.
l. Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
m. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free non- alcoholic drink for every party of 2 or more ordering alcoholic beverages.
n. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood.
o. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.
p. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. Minor amendments to the plans shall be subject to approval by the Director.
q. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section.
4. With respect to the Director’s decision for Alcohol Exemption Zoning Conformance Permits for restaurants with over 50 seats and subject to subsection D(1) above, within 2 business days from the date when the determination has been made concerning the application and posted on the City’s website, the Director shall transmit a notice of determination that summarizes the determination and provides a website link to the Statement of Official Action to the applicant at the address shown on the application and to all property owners and residential and commercial tenants within a radius of 750 feet from the exterior boundaries of the property involved in the application.
9.31.290 Restaurants with Entertainment
A. Except as provided in subsection B, below, restaurants may provide entertainment including but not limited to music, DJs, song, dance, stand-up comedy, and poetry readings for the patrons’ enjoyment if they meet the following standards.
1. There is sit down meal service provided at all times while the entertainment is taking place.
2. There is no permanent or temporary dance floor or dance area for patrons.
3. There is no cover charge or minimum drink purchase requirement.
4. The entertainment is provided only in the dining areas.
5. No more than three television screens including video projectors or similar audio/visual devices shall be utilized on the premises. None of these televisions or projection surfaces shall exceed 60 inches measured diagonally. No billiard/pool tables, video games, bowling, darts, and other similar entertainment activities may be provided.
6. Liquor bottle service shall be prohibited. Wine and beer bottle service shall not be available to patrons unless full meal service is provided concurrent with the bottle service. All food items shall be available from the full service menu. Bottle service shall mean the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer.
7. No organized queuing of patrons at the entry or checking of identification to control entry into and within the establishment shall be permitted. There shall not be any age limitation imposed restricting access to any portion of the restaurant.
8. The establishment shall not organize or participate in organized “pubcrawl” events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant.
9. Establishments with amplified music shall comply with Section 4.12.140.
B. Bayside Conservation (BC) Districts, Ocean Transition (OT) District, and Santa Monica Place. Notwithstanding the provisions of subsection A, restaurants located in the Bayside Conservation (BC) Districts, Ocean Transition (OT) District south of Wilshire Boulevard, and the area bounded by 2nd Street to the west, Broadway to the north, 4th Street to the east, and Colorado to the south, may provide entertainment including but not limited to music, DJs, song, dance, stand-up comedy, and poetry readings for the patrons’ enjoyment if they meet the following standards.
1. There is sit down meal service provided at all times while the entertainment is taking place.
2. The entertainment is provided indoors only within the dining areas.
3. Dancing shall be ancillary to the primary restaurant use and temporary dance areas may be provided within portion(s) of the dining area provided that seating for sit down meal service is available for patrons at all times while dancing is taking place.
4. There is no cover charge or minimum drink purchase requirement.
5. Establishment shall comply with SMMC Chapter 4.12 Noise.
Establishments providing amplified sound or music shall not be subject to SMMC Section 4.21.140 Nightclubs, Bars and Establishments with Amplified Music.
C. A restaurant with entertainment beyond the scope of the limitations set forth in subsections A or B above, as applicable, shall also be considered a Bar/Nightclub/Lounge as defined in Chapter 9.51, and such entertainment use shall be prohibited unless a separate Conditional Use Permit for that use has been obtained.