1 City Council Meeting: March 10, 2026 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA: (1) PERMANENTLY ADOPTING ECONOMIC RECOVERY INTERIM ZONING ORDINANCE 2825 (CCS); AND (2) AMENDING THE TEXT OF ARTICLE 9
OF THE SANTA MONICA MUNICIPAL CODE TO PROMOTE ECONOMIC
RECOVERY AND INCREASE LAND USE FLEXIBILITY IN THE CITY’S DOWNTOWN AND CITYWIDE AREAS BY: (A) STREAMLINING, SIMPLIFYING, AND MODIFYING LAND USES AND LIMITATIONS; (B) UPDATING STANDARDS FOR SPECIFIC USES
AND ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, ALCOHOL PERMITS AND REVIEW; (C) MODIFYING DEFINITIONS; (D) ADJUSTING STANDARDS
REGARDING THE APPLICABILITY OF RESOURCE RECOVERY AND RECYCLING REQUIREMENTS AND TRASH ENCLOSURE DIMENSIONAL STANDARDS; AND (E)
MAKING OTHER MINOR CHANGES, CORRECTIONS, CLARIFICATIONS, AND
CLERICAL AMENDMENTS
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 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
2 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 continue to be devastating to the local Santa Monica economy, and the City is continuing to experience economic uncertainty; and
3 WHEREAS, as the commercial and economic landscape evolves, the City’s economic recovery and competitive advantage will depend on its ability to deliver on a diverse range of unique dining, retail, 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 throughout the City; 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, threaten the health, safety, and economic welfare of the City’s citizens and businesses; 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
WHEREAS, on September 26, 2023, the 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 2761 included zoning changes supporting a variety of potential commercial uses within the Downtown and focused on enabling certain outdoor rooftop 4 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, the 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, IZO 2794 included amendments 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, additionally, consistent with the City’s Outdoor Space Program efforts, IZO 2794 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 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
WHEREAS, similarly, on June 11, 2024, City Council considered and adopted Emergency Interim Zoning Ordinance (EIZO) No. 2781, which temporarily removed the MUP, location, and facility requirements from SMMC Section 9.31.230, Personal Service, 5 for massage establishments to increase flexibility of these uses and opportunities for economic recovery by removing a public hearing requirement, enabling additional personal service uses in Santa Monica, and eliminating redundant requirements already contained in other sections of the Municipal Code; and
WHEREAS on July 23, 2024, Council approved Emergency Interim Zoning Ordinance Number 2784 extending Emergency Interim Zoning Ordinance Number 2781 (CCS) and amending Section 9.31.230 to remove the minor use permit, location, and facility requirements for massage establishments from the personal service use standards for specific uses and activities; and
WHEREAS, these interim 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, on Tuesday, January 7, 2025, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, based upon these events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, 6 and that such emergency conditions required the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Palisades Fire Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and WHEREAS, pursuant to the Emergency Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and 7 Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permitted bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, since January 8, 2025, the City has issued Eight Supplements to that Palisades Fire Executive Order; and
WHEREAS, these Supplements have included, but are not limited to, provisions that: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 4) waive or reduce license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining; and 5) suspend certain provisions of Santa Monica Municipal Code 8 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service; and WHEREAS, although the immediate fire danger has subsided, the City has continued to receive requests to accommodate individuals, schools, and businesses displaced by the Regional Fires; and
WHEREAS, local businesses have reported that they are still experiencing economic impacts from the Regional Fires and face resulting economic uncertainty; and WHEREAS, on March 25, 2025, the Council adopted amendments (IZO No. 2809 CCS) to the existing Interim Zoning Ordinance 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, on March 25, 2025, the 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, also on March 25, 2025, 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
9 WHEREAS, on August 12, 2025, Council adopted permanent amendments to the Zoning Ordinance 2826 (CCS) and amendments to the current economic recovery (IZO 2825 (CCS)) promoting economic recovery and increased land use flexibility in the City’s Downtown area; and
WHEREAS, the permanent amendments were previously adopted as interim zoning regulations, with minor changes, and include expanded opportunities for Alcohol Exemption permits, increased operational flexibility for restaurants with entertainment, and removal of the prohibition against certain fast-food restaurants in establishments with frontage along the Third Street Promenade; and
WHEREAS, IZO 2825 was also amended on August 12, 2025 to allow floor area ratio (FAR) flexibility for existing non-conforming buildings on the Promenade; and WHEREAS, since their establishment, the IZOs noted above have been effective in the opening of new businesses and promoting existing businesses in the Downtown; and
WHEREAS, the City wishes to maintain and codify the land use flexibility already provided in the prior interim zoning ordinances, including additional amendments intended to further streamline review procedures and simplify overly restrictive land use limitations and standards city-wide; and
WHEREAS, as demonstrated by the effectiveness of the IZOs streamlining provisions and the Palisades Fire Executive Order, these City-wide amendments would similarly focus on streamlining, simplifying, and modifying land uses and limitations, standards for specific uses and activities, alcohol permit operational standards and 10 review, definitions, and other minor changes, corrections, clarifications, and clerical amendments; and
WHEREAS, these additional amendments include, but are not limited to: (1) simplifying land use review, limitations, and development standards outside of the Downtown and in non-residential zoning districts citywide, including supporting the reuse of existing vacant commercial properties located within certain multiple-unit residential districts; (2) amendments to SMMC Chapter 9.31, Specific Uses and Activities, to simply overly restrictive standards for certain land uses; (3) expanding alcohol exemption to uses other than restaurants including, but not limited to, retail, small/large scale entertainment facilities, museums, etc.; (4) simplified alcohol permit operational requirements similar to those provided for in the City’s Palisades Fire Executive Order; (5) simplification of Alcohol Exemption Criteria and Restaurants with Entertainment Requirements; (6) establishing specific brewery/distillery use standards and related uses such as brew pubs, tap rooms, and restaurants with ancillary on-site brewing to provide greater clarity as such uses and operational standards are not clearly defined in the Zoning Ordinance; (7) updating certain land use classifications and related definitions; (8) consideration of codification of the suspension of discretionary reviews for schools, child care, and early education facilities as provided in the City’s Palisades Fire Executive Order; (9) updating the requirements and standards for massage establishments; (10) updating sidewalk dining standards; and (11) other minor changes, clarifications, and amendments to correct any inconsistencies in standards, requirements, procedures, cross-references, and other clerical errors; and
11 WHEREAS, on October 15, 2025, in accordance with Santa Monica Municipal Code Section 9.46.030(B), the Planning Commission adopted a Resolution of Intention, Resolution Number 25-014 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance to (1) Permanently adopt Economic Recovery Interim Zoning Ordinance 2825 (CCS); and (2) Amend the text of Article 9 of the Santa Monica Municipal Code to promote economic recovery and increase land use flexibility in the City’s Downtown and Citywide areas by streamlining, simplifying, and modifying land uses and limitations, updating standards for specific uses and activities, including alcohol permits and review, modifying definitions, and making other minor changes, corrections, clarifications, and clerical amendments; and WHEREAS, also in connection with the City’s economic recovery efforts, on February 11, 2025, City Council directed staff to create a self-certification pilot program allowing building permits for “non-structural commercial tenant improvements, singlefamily home improvements, and accessory dwelling units” to bypass the normal plan review process and receive approval within one to five business days; and WHEREAS, the purpose of this direction is to facilitate the City’s economic recovery and reduce the workload on plan check professionals, allowing staff to focus on the more complex projects in the City that require their attention; and WHEREAS, the self-certification program will fully remove plan check review for certain identified project times and shift the responsibility for determining compliance with all codes to a pre-qualified licensed architect, who would certify that projects comply with requirements of the Building Code, Fire Code, Zoning Ordinance, and Public Works, 12 including Resources, Recovery, and Recycling (RRR), Office of Sustainability and Environment, ad Water Resources; and
WHEREAS, streamlining the review process for certain projects will facilitate business recovery and generate increased sales tax revenue for the City; and WHEREAS, the initial stages of the Self-Certification Program will focus on commercial tenant improvements, which comprise approximately 36% of the building permits submitted to the City; and
WHEREAS, Santa Monica Municipal Code Section 9.21.130 provides Resource Recovery and Recycling (RRR) Standards in connection with General Site Regulations; and
WHEREAS, the proposed amendments to the RRR standards simplify the thresholds for when trash enclosure updates and review are required and otherwise revise implementation of resources and recycling room dimensions; and WHEREAS, one of the current applicability thresholds is based on outdated permit valuation standards and cumulative alterations made over the course of a twelve-month period; and
WHEREAS, these thresholds have consistently presented constraints to new businesses and amendments to these requirements are required to facilitate an effective Self-Certification Program and allow for additional economic recovery; and WHEREAS, the amendments will also address long-standing issues that will benefit all permittees, facilitate the City’s economic recovery, streamline the building permit process for a variety of projects, and provide more transparency with respect to permit requirements; and
13 WHEREAS, the amendment will also eliminate the standard pertaining to “Large Residential, Nonresidential and Mixed-Use Development” that gives discretionary approval to the Director of Public Works to determine trash room dimensions, as this is not an objective standard or process; and
WHEREAS, removing this language provides greater transparency and objectivity to trash enclosure standards; and
WHEREAS, on December 9, 2025, the City Council adopted a Resolution of Intention to initiate an amendment to the text of the Zoning Ordinance to update applicability thresholds and standards for resource and recycling room dimensions in order to further economic recovery efforts by facilitating a self-certification building permit program; and
WHEREAS, on January 21, 2026, 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 wishes to: (1) permanently adopt economic recovery Interim Zoning Ordinance 2825 (CCS); and (2) amend the text of Article 9 of the Santa Monica Municipal Code to promote economic recovery and increase land use flexibility in the City’s Downtown and Citywide Areas by: (A) streamlining, simplifying, and modifying land uses and limitations, (B) updating standards for specific uses and activities, including, but not limited to, alcohol permits and review; (C) modifying definitions; (D) adjusting standards regarding the applicability of resource recovery and recycling requirements and trash enclosure dimensional standards; and (E) making other minor changes, corrections, clarifications, and clerical amendments. 14 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Pursuant to Santa Monica Municipal Code Section 9.46.070, the City Council hereby amends the text of the Zoning Ordinance to: (1) Permanently adopt Economic Recovery Interim Zoning Ordinance 2825 (CCS); and (2) Amend the text of Article 9 of the Santa Monica Municipal Code to promote economic recovery and increase land use flexibility in the City’s Downtown and Citywide areas by: (A) streamlining, simplifying, and modifying land uses and limitations; (B) updating standards for specific uses and activities, including, but not limited to, alcohol permits and review; (C) modifying definitions; (D) updating the requirements and standards for massage establishments; (E) adjusting applicability thresholds and standards for resource and recycling room dimensions, and (F) making other minor changes, corrections, clarifications, and clerical amendments, as more fully set forth in Exhibit A. In making this recommendation, the City Council hereby finds and declares that, for the reasons articulated above, in the Planning Commission staff report dated January 21, 2026, and the City Council staff report dated February 24, 2026 that:
1. The proposed amendments are consistent with the General Plan and any applicable Specific Plans in that they will support Downtown’s role as a visitor destination and economic center by encouraging uses that support local business retention and promote new business opportunities within the Downtown. Citywide amendments are consistent with LUCE Policy E1.1 which promotes making land use decisions that respond to changing market conditions and meet the needs of City residents and visitors. 15 2. The proposed amendments to the text of the Zoning Ordinance are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the amendments will address the needs of the business community and residents and support businesses 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.
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.
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16 APPROVED AS TO FORM:
_________________________
HEIDI VON TONGLEN
Interim City Attorney
Exhibit A
1 Section 9.01.040. Applicability.
A. General Rules for Applicability of Zoning Regulations.
1. Applicability.
a. This Ordinance shall apply, to the extent permitted by law, to all property within the corporate limits of the City and to property for which applications for annexation and/or subdivisions are submitted to the City, including all uses, structures and land owned by any private person, firm, corporation or organization, or the City or other local, State, or Federal agencies. b. Governmental Agencies. Any governmental agency shall be exempt from the provisions of this Ordinance only to the extent that such property may not be lawfully regulated by the City.
c. City Government Uses. City government uses, including, without limitation, fire stations, police stations, and public safety facilities, may be permitted in any district subject to the approval of a conditional use permit. d. Projects that Include Affordable Housing on City-Owned Property. In accordance with Program 2.E of the 6th Cycle 2021-2029 Housing Element, this Ordinance shall not apply to property owned by the City when used for projects that include housing affordable to 80% area median income (AMI) households, subject to a public process to be determined by the City Council, and upon a determination that the project is consistent with the General Plan. Any such exemption shall apply only for the life of the project approved in accordance with this paragraph.
e. Relocation of School and Child Care and Early Education Facilities Impacted by the 2025 Pacific Palisades Fire (“Palisades Fire”). Notwithstanding 2 the land use regulations of Division 2, Base and Overlay Districts, of Article 9 of the Zoning Ordinance, Schools, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Palisades Fire or expansions to existing schools to accommodate students displaced by the Palisades Fire may operate within the City’s non-residential zones without obtaining a Conditional Use Permit. Schools with existing Conditional Use Permits in residential zones that are subject to occupancy limitations may expand to accommodate students from other campuses operated by the existing school displaced by the Palisades Fire. Prior to occupancy and upon request by the City, Schools or Child Care and Early Education Facilities operating or expanding under this Section shall submit a Parking and Loading Operations Plan to the Director of the Community Development Department, or designee, for review and approval, which may be amended from time to time.
2. Compliance with Regulations. Except as provided in this Zoning Ordinance, land or buildings may be used and structures may be erected or altered only in accordance with the following provisions:
a. No new building shall be erected and no existing building shall be moved, altered, or enlarged, nor shall any land, building or premises be used, designed, or attempted to be used or designed for any purpose or in any manner other than a use listed in this Chapter, as permitted in the district in which the land, building, or premises is located. The lawful use or uses of all buildings, 3 improvements, and premises existing in any district at the time of the adoption of the ordinance codified in this Chapter may be continued except as provided by this Chapter.
b. No building shall be erected nor shall any existing building be moved, reconstructed, or structurally altered to exceed in height or floor area the limit established by this Chapter for the district in which such building is located. c. No building shall be erected nor shall any existing building be moved, altered, enlarged, or rebuilt, nor shall any open spaces surrounding any buildings be encroached upon or reduced in any manner except in conformity with the property development standards for each district in which such building is located. d. No yard or open space provided adjacent to any building for the purpose of complying with the regulations of this Chapter shall be considered as providing a yard or open space for any other building or structure. e. No parcel or building shall be separated in ownership, or reduced in size in any manner, so that:
i. Any separate portion shall contain a parcel area or parcel dimension less than the minimum required for the district in which the property is located; ii. Any yard area is reduced below the minimum required for the district in which the project is located;
iii. The parcel fails to comply with any other requirement of this Chapter; iv. Any portion of a parcel that is necessary to provide the required area per dwelling unit is separated from the portion of the parcel on which the building is located.
4 f. No lot or parcel of land held under common ownership which does not meet the requirements of the district in which it is located shall be separated in ownership or further reduced in size in any manner.
g. A building or use may cross property lines only if:
i. The building site shall be subject to all requirements of this Chapter as though the total area comprised in the site were a single parcel; ii. A covenant by the owner(s) of the parcels shall be filed with the Zoning Administrator and recorded with the County Recorder's office before any use or combination of parcels occurs. The covenant shall state the intention of the owner(s) to develop the parcels as a single building site and shall be in the form required by the Zoning Administrator.
h. A legally-created parcel of land existing prior to the effective date of this Ordinance having less area, frontage, or dimensions than required by this Ordinance in the zoning district in which the parcel is located, shall be considered a legal conforming parcel.
B. Relation to Other Regulations.
1. General. Where conflict occurs between the provisions of this Ordinance and any other regulations, City ordinance, chapter, resolution, guideline, or regulation, the more restrictive provisions shall control, unless otherwise specified. See, e.g., Section
9.56.270(F) (the State Historic Building Code applies to alterations to historic resources and properties on the Historic Resources Inventory).
2. Permit Streamlining Act. All actions taken by the decision-making body pursuant to this Ordinance shall be consistent with the provisions of Government 5 Ordinance Section 65920 et seq. (the Permit Streamlining Act) to the extent applicable.
3. Relation to Private Agreements. Where this Ordinance imposes greater restriction than imposed by an easement, covenant, or agreement, this Ordinance shall control.
4. Relation to Prior Ordinance. The provisions of this Ordinance supersede all prior Zoning Ordinances codified in Article 9 of the Santa Monica Municipal Code and all prior amendments. No provision of this Ordinance shall validate any land use or structure established, constructed, or maintained in violation of the prior Zoning Ordinance, unless such validation is specifically authorized by this Ordinance.
5. Application During Local Emergency. The City Council may authorize a deviation from a provision of this Ordinance during a local emergency declared and ratified under the Santa Monica Municipal Code.
C. Consistency with the General Plan. The Zoning Ordinance and any amendment thereto shall be consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan.
D. Effect on Previously Approved Projects and Projects in Progress. The following projects shall have a vested right to proceed without complying with this Ordinance:
1. Previously Approved Development. The erection, construction, enlargement, demolition, moving, conversion of, and excavation and grading for any building or structure for which a valid permit or building permit was issued prior to the effective date of this Ordinance and which does not subsequently expire. A permit that does not contain an express limit on the time for exercising the permit shall be deemed 6 valid only if a building permit is obtained within one year of the effective date of this Ordinance;
2. Development Agreement. Development in accordance with the terms and conditions of a development agreement approved by the City Council pursuant to Chapter
9.60 of the Municipal Code prior to the effective date of this Ordinance;
3. Vesting Tentative Maps. Any residential project for which a vesting tentative map application was determined complete prior to the effective date of this Ordinance; and
4. Applications for Projects in Progress. Any application for a Planning entitlement, except a Development Agreement application, determined complete on or before April 15, 2015.
7 Section 9.04.080. Determining Floor Area.
The floor area of a building is the total gross horizontal areas of all floors of a building, including usable basements and all other areas measured from the interior face of the exterior walls or, in the case of a shared wall, from the centerline of a wall separating the two buildings. In addition to calculating floor area ratio, floor area shall be used to determine parking requirements and all applicable impact fees, including, but not limited to, affordable housing fees, transportation impact fees, childcare linkage fees, cultural arts fees, and parks and recreation fees.
A. Included in Floor Area. Floor area is deemed to include:
1. The actual floor space of all habitable rooms on all levels and mezzanines, interior balconies, lofts, and closets;
2. Restrooms, lounges, lobbies, kitchens, storage areas, and interior hallways and corridors;
3. Portions of basements that meet Building Code requirements for habitable space;
4. Enclosed porches and balconies;
5. Unenclosed decks, balconies, porches, and platforms used for commercial or restaurant activity;
6. Enclosed interior courtyards, atria, paseos, walkways and corridors;
7. Enclosed storage and equipment spaces; and
8. Covered parking at or above grade.
B. Excluded from Floor Area. Floor area does not include:
1. Stairways and stairwells;
8 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. 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 5 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 unenclosed rooftop area,
e. Unenclosed rooftop areas shall not be accessible to the public outside of their normal business operating hours;
6. 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; 9 7. 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;
8. Semi-subterranean parking areas that meet the following criteria:
a. The parking area is located below finished grade along a minimum of 1 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 façades of any of the visible portions of the parking area located above finished grade are appropriately treated and landscaped;
9. Mechanical equipment rooms, electrical rooms, telecommunication equipment rooms, and similar space located below grade;
10. Enclosures constructed pursuant to Section 9.31.060, Automobile/Vehicle Repair, Major and Minor, for outdoor hoists in existence on the adoption of Ordinance Number 1452CCS;
11. Attics;
12. Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025;
13. Commercial outdoor space permitted pursuant to Sections 9.31.199, Outdoor Commercial Uses on Private Property, and 9.31.200, Outdoor Dining and Seating on Sidewalks, shall be excluded from floor area.
14. In the Third Street Promenade Area, any unenclosed rooftop parking areas 10 on City-Owned Parking Structures as set forth in Section 9.10.050(a). 11 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. 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.
"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 subclassifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily 12 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 Article.
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
Accessor
y
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,
MultipleUnit
Dwelling
Projects
Senior
Citizen
MultipleUnit
Dwelling
P P L(1) L(1) P P P Section
9.31.195,
MultipleUnit
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)
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
Emergency
Shelters
L(6)/CUP L(6)/CUP CUP/L(1) L(1), L(6)/CUP L(6)/CUP 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
9.31.135,
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
Residen
tial
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,
Residenti
al Care
Facilities
Section
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) 9.31.270,
Residenti
al Care
Facilities
Hospice,
Limited
PP L(1) L(1)PPP
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
SingleRoom
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) L69(1) L(1) L(1) L(1)
Community
Assembly
L(7)/MUP P L(25) P P P L(7)/MUP Section
9.31.100,
Communit
y
Assembly
, except
that
Communit
y
Assembly
uses
located
within BC
(Third
Street
Promena
de Area)
and BC
(Excludin
g Third
Street
Promena
de Area)
shall be
exempt.
Community
Gardens
PP—PPPP
Cultural
Facilities
PPPPPPP Section
9.31.040,
Alcoholic
Beverage
Sales
Hospitals and
Clinics
PP 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
PPPPPPP
Public Safety
Facilities
PPPPPPP
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
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
P P P P P P P 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/
Vehicle
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)/CUP — — 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
Additions 7,500
sq ft or less to
Automobile/
Vehicle Sales
and Leasing
buildings
existing as of
7/06/ 2010
L(20)/MUP — — — — — —
Section
9.31.060,
Automobile/
Vehicle
Repair,
Major and
Minor
Section
9.31.080,
Automobile/
Vehicle
Washing
Additions larger
than 7,500 sq ft
to
Automobile/Vehi
cle Sales and
Leasing
buildings
existing as of
7/06/2010
L(20)/CUP — — — — — —
Automobile/Vehic
le Repair, Major
L(19) — — — — — —
Automobile/V
ehicle Service
and Repair,
Minor
L(19) — — — — — —
Automobile/Vehic
le Washing
L(19) — — — — — —
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.
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
Regulation
s
Banks and Credit
Unions
P P P P P P P
Check
Cashing
Businesse
s
— — — — — — —
Business
Services
L(5)/CUP L(5)/CUP L(15) L(5)/CUP L(5)/CUP L(5)/CUP L(5)/CUP Commercial
Entertainm
ent 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
CUP CUP L(25) P CUP CUP — Section
9.31.040,
Alcoholic
Beverage
Sales
Small-Scale
Facility
P P L(25) P P P P Section
9.31.040,
Alcoholic
Beverage
Sales
Fortunetelling P P P P P P P
Drinking
Establishments
See sub-classifications below.
Bars L(26)/MUP L(26)/MUP L(26)/MUP L(26)/MUP L(26)/ MUP L(26)/MUP MUP Section
9.31.040,
Alcoholic
Beverage
Sales
Taprooms L(26)/MUP L(26)/MUP L(26)/MUP L(26)/MUP L(26)/MUP L(26)/MUP MUP Section
9.31.040,
Alcoholic
Beverage
Sales
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
Regulation
s
Eating
Establishments
See sub-classifications below.
Brewpub - L(26)/MUP L(26)/MUP L(26)/MUP L(26)/MUP L(26)/MUP - Section
9.31.040,
Alcoholic
Beverage
Sales,
Section
9.31.290,
Restaurants
With
Entertainmen
t, Section
9.31.200,
Outdoor
Dining and
Seating on
Sidewalks
Section
9.31.040,
Alcoholic
Beverage
Sales
Section
9.31.280,
Restaurant
s, Limited
Service
and TakeOut Only
Section
9.31.290,
Restaurants
With
Entertainmen
t Section
9.31.200,
Restaurants,
Full-Service,
Limited
Service &
Take-Out ( Up
to 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)
L(28)/MUP P P P P P L(27)/MUP Outdoor
Dining
and
Seating
on
Sidewalk
s
Food Hall L(28)/MUP P P P P P L(27)/MUP Section
9.31.040,
Alcoholic
Beverage
Sales
Equipment
Rental
— — — — L(5)/CUP — —
Food and
Beverage
Sales
See sub-classifications below.
Convenience
Market
CUP L(5)/MUP P P L(5)/MUP L(5)/ MUP — Section
9.31.040,
Alcoholic
Beverage
Sales
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
Farmer's Market CUP P P P P P P
General Market L(30),
L(12)/MUP
L(30),
L(12)/MUP
L(30) L(30) L(30),
L(12)/MUP
L(30),
L(12)/MUP
L(30),
L(12)/MUP
Section
9.31.040
Alcoholic
Beverage
Sales
Liquor Stores CUP CUP CUP CUP CUP CUP —
Funeral Parlors
and Mortuaries
CUP — — — — — —
Instructional
Services
P P P P P P P Section
9.31.040
Alcoholic
Beverage
Sales
Live-Work L(13) L(3)(13) L(1)(13) L(13) L(13) L(1)(13) L(13) Section
9.31.170,
LiveWork
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 — — — — — —
Night Clubs CUP CUP L(26)/MUP L(26)/MUP CUP CUP - Section
9.31.040
Alcoholic
Beverage
Sales
Nurseries and
Garden Centers
L(5)/CUP L(5)/CUP — L(5)/CUP L(5)/CUP — L(5)/CUP Section
9.31.220,
Outdoor
Retail
Display and
Sales
Offices See sub-classifications below.
Busine
ss and
Profess
ional
PP L(1) L(1)P L(1)P
CreativePP L(1) L(1)P L(1)P
Medical and
Dental
PPPPP L(1)P
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
Walk-In
Clientele
P P L(1) L(1) P L(5)/MUP P
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
P P P P P — P Section
9.31.040
Alcoholic
Beverage
Sales
Section
9.31.230,
Personal
Service
Physical
Training
L(17) L(17) L(17) L(17) L(17) L(17) L(17)
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 — — — — — —
Cannabis
Retailers
P P P P P P P Section
9.31.095,
Cannabis
Retailers
General Retail
Sales, SmallScale
P P P P P P P
Section
9.31.040
General Retail
Sales,
Medium-Scale
MUP L(30) L(30) L(30) L(30)— MUP Alcoholic
Beverage
Sales
Section
9.31.220,
Outdoor
Retail
Display and
Sales
General Retail
Sales, Large-
Scale
———————
Pawn Shops———————
Swap Meets———————
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
Industrial Uses
Alcoholic
Beverage
Manufacturing
- - L(30) L(30) - - - Section
9.31.040,
Alcoholic
Beverage
Sales
Artist's Studio P P L(2) L(2) 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)/MUP
L(1) L(1) L(3),
L(5)/MUP
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
Communica
tion
Facilities
See sub-classifications below.
Antennas and
Transmission
Towers
— — — — — — —
Equipment
within
Buildings
— — — — — — —
Light
FleetBased
Services
— — — — MUP — —
Utilities, Major L(18)
——————
Utilities, MinorPPPPPPP
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 the ordinance codified herein 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) Reserved.
(5) Permitted if within buildings existing as of February 24, 2026. Permitted in new buildings, except: No individual ground floor tenant space shall occupy more than 7,500 square feet of floor area without approval of a MUP or CUP. (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 7,500 SF or greater and abutting a residential district shall require approval of a Minor 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 6 showrooms in the Third Street Promenade Area. (9) Facilities for 6 or fewer residents are permitted by right. Facilities for more than 6 residents shall be subject to L(1) if located in the OT and WT zoning districts and L(3) if located in the NV zoning district. (10) Permitted as an ancillary use to support a primary use. (11) Limited to public parking facilities only.
(12) A Minor Use Permit is required for new construction or additions to existing structures that result in general markets 30,000 square feet and greater.
Specific Limitations:
(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 without the approval of a Minor 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) Reserved.
\
Specific Limitations:
(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 by-right with approval of an alcohol exemption permit in compliance with Section 9.31.040. Otherwise, an MUP is required.
(27) Eating Establishments up to 7,500 sf and located at least 75 feet away from a residential use in a residential district are permitted. All other restaurants shall require approval of a Minor 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 Minor Use Permit.
(29) Permitted if all objective planning standards set forth in Government Code Section 65914.900 are met. (30) Permitted upon approval of a Parking and Loading Operations Plan (PLOP) by the Mobility Division. \
Section 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 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 Cityowned parking structures to outdoor rooftop commercial use shall not be considered a "project" and shall not be subject to associated impact fees. \
Section 9.11.020. Land Use Regulations.
Table 9.11.020 prescribes the land use regulations for Mixed-Use and Commercial Districts. The regulations for each district are established by letter designations below.
These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review. "P" designates permitted uses. Uses not listed in Table 9.11.020 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.
"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 subclassifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily \
associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Article.
TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL-DISTRICTS Use Classification MUBL MUB GC NC
Additional
Regulations
Residential Uses
Residential Dwelling Types
TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL-DISTRICTS Use Classification MUBL MUB GC NC
Additional
Regulations
Accessory Dwelling Unit P P P P Section
9.31.025,
Accessory
Dwelling
Units and
Junior
Accessory
Dwelling
Units
Junior Accessory Dwelling Unit P P P P Section
9.31.025,
Accessory
Dwelling
Units and
Junior
Accessory
Dwelling
Units
Multiple-Unit Dwelling P P P L(1) Section
9.31.195,
Multiple-Unit
Dwelling
Projects
Senior Citizen Multiple-Unit Dwelling P P P L(1) Section
9.31.195,
Multiple-Unit
Dwelling
Projects
Housing Types for Specific Uses
Congregate Housing P P P P Section
9.31.110,
Congregate
Housing
Elderly and Long-Term Care P P P —
Emergency Shelters L(3)/CUP L(3)/CUP L(3)/CUP L(3)/CUP Section
9.31.130,
Emergency
Shelters
Family Day Care See sub-classifications below.
TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL-DISTRICTS Use Classification MUBL MUB GC NC
Additional
Regulations
Large P P P P Section
9.31.135,
Family Day
Care, Large
Small P P P P
Group Residential MUP MUP MUP MUP Section
9.31.155,
Group
Residential
Senior Group Residential P P P P Section
9.31.155,
Group
Residential
Low Barrier Navigation Centers P P P P Section
9.31.175,
Low Barrier
Navigation
Centers
Residential Facilities See sub-classifications below.
Residential Care, General P P P P Section
9.31.270,
Residential
Care
Facilities
Residential Care, Limited P P P P Section
9.31.270,
Residential
Care
Facilities
Residential Care, Senior P P P P Section
9.31.270,
Residential
Care
Facilities
Hospice, General P P P P Section
9.31.270,
Residential
Care
Facilities
TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL-DISTRICTS Use Classification MUBL MUB GC NC
Additional
Regulations
Hospice, Limited P P P P Section
9.31.270,
Residential
Care
Facilities
Single-Room Occupancy Housing P P P P Section
9.31.330,
Single Room
Occupancy
Structures
Supportive Housing P P P P
Transitional Housing P P P P
Public and Semi-Public Uses
Adult Day Care P P P L(2)/MUP
Child Care and Early Education Facilities P P P L(2)/CUP Section
9.31.120,
Child Care
and Early
Education
Facilities
Colleges and Trade Schools, Public or Private CUP CUP P CUP Community Assembly L(18)/MUP L(18)/MUP L(18)/MUP L(18)/MUP Section
9.31.100,
Community
Assembly
Community Gardens P P P P
Cultural Facilities P P P L(2)/MUP Section
9.31.040,
Alcoholic
Beverage Sales
Hospitals and Clinics — P CUP —
Community Clinic L(22) L(22) L(22) L(22)
Park and Recreation Facilities, Public P P P P
Public Safety Facilities P P P CUP
Schools, Public or Private P CUP CUP P
Social Service Centers P P P P Section
9.31.350,
Social
Service
Centers
Commercial Uses
TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL-DISTRICTS Use Classification MUBL MUB GC NC
Additional
Regulations
Animal Care, Sales, and Services See sub-classifications below.
Grooming and Pet Stores L(19)/MUP L(19)/MUP L(19)/MUP L(2)/MUP No more than 10 dogs or
cats may be
kept
overnight
Pet Day Care Services MUP MUP MUP MUP
Veterinary Services MUP MUP MUP MUP
Automobile/Vehicle Sales and Service See sub-classifications below.
Alternative Fuels and Recharging Facilities CUP CUP CUP CUP Automobile Rental CUP MUP MUP — Section
9.31.050,
Automobile
Rental
Automobile Storage Use L(4)/CUP — — — Section
9.31.070,
Automobile/
Vehicle
Sales,
Leasing, and
Storage
New Automobile/Vehicle Sales and Leasing — — L(6), CUP — Section
9.31.070,
Automobile/
Vehicle
Sales,
Leasing, and
Storage
Additions 7,500 square feet or less to
Automobile/Vehicle Sales and Leasing buildings
existing as of 07/06/2010
L(5)/MUP L(5)/MUP L(5)/MUP — Section
9.31.070,
Automobile/
Vehicle
Sales,
Leasing, and
Storage
TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL-DISTRICTS Use Classification MUBL MUB GC NC
Additional
Regulations
Additions larger than 7,500 square feet to
Automobile/Vehicle Sales and Leasing buildings
existing as of 07/06/2010
L(5), CUP L(5), CUP L(5), CUP — Section
9.31.070,
Automobile/
Vehicle
Sales,
Leasing, and
Storage
Automobile/Vehicle Repair, Major — — CUP — Section
9.31.060,
Automobile/
Vehicle
Repair, Major
and Minor
Automobile/Vehicle Service and Repair, Minor CUP — CUP — Section
9.31.060,
Automobile/
Vehicle
Repair, Major
and Minor
Automobile/Vehicle Washing — — CUP — Section
9.31.080,
Automobile/
Vehicle
Washing
Service Station CUP CUP MUP — Section
9.31.320,
Service
Stations
Towing and Impound — — CUP —
Banks and Financial Institutions See sub-classifications below.
Banks and Credit Unions P P P P
Check Cashing Businesses — — — —
Business Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Commercial Entertainment and Recreation See sub-classifications below.
Cinemas L(7) — — L(7)
Theaters L(8)/CUP L(8)/CUP L(8)/CUP L(8)/CUP
Convention and Conference Centers — CUP CUP —
Large-Scale Facility CUP CUP CUP -
TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL-DISTRICTS Use Classification MUBL MUB GC NC
Additional
Regulations
Small-Scale Facility MUP MUP MUP MUP
Fortunetelling P P P P
Drinking Establishments See sub-classifications below.
Bars MUP MUP MUP MUP Section
9.31.040,
Alcoholic
Beverage
Sales
Taprooms L(23)/MUP L(23)/MUP L(23)/MUP L(23)/MUP Section
9.31.040,
Alcoholic
Beverage
Sales
Eating Establishments See sub-classifications below.
Brewpubs L(15)/MUP L(15)/MUP L(15)/MUP L(10), L(15)/MUP Section
9.31.040,
Alcoholic
Beverage
Sales, Section
9.31.290,
Restaurants
With
Entertainment,
Section
9.31.200,
Outdoor
Dining and
Seating on
Sidewalks
TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL-DISTRICTS Use Classification MUBL MUB GC NC
Additional
Regulations
Restaurants, Full-Service, Limited Service &
Take-Out up to 5,000 square feet, including
Outdoor Dining and Seating
P P P P Section
9.31.040,
Alcoholic
Beverage
Sales
Section
9.31.280,
Restaurants,
Limited
Service and
Take-Out
Only
Section
9.31.290,
Restaurants
With
Entertainment
Section
9.31.200,
Outdoor
Dining and
Seating on
Sidewalks
TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL-DISTRICTS Use Classification MUBL MUB GC NC
Additional
Regulations
Restaurants, Full-Service, Limited Service &
Take-Out (greater than 5,000 square feet,
including Outdoor Dining and Seating)
MUP MUP MUP L(10), MUP Section
9.31.040,
Alcoholic
Beverage
Sales
Section
9.31.280,
Restaurants,
Limited
Service and
Take-Out
Only
Section
9.31.290,
Restaurants
With
Entertainment
Section
9.31.200,
Outdoor
Dining and
Seating on
Sidewalks
Food Hall L(15)/MUP L(15)/MUP L(15)/MUP L(10) Section
9.31.040,
Alcoholic
Beverage
Sales
Equipment Rental — L(19)/CUP L(19)/CUP —
Food and Beverage Sales See sub-classifications below.
Convenience Market CUP CUP CUP CUP Section
9.31.040,
Alcoholic
Beverage
Sales
Farmers Markets CUP CUP CUP CUP
General Market L(24),
L(12)/MUP
L(24),
L(12)/MUP
L(24),
L(12)/MUP
L(24),
L(12)/MUP
Section
9.31.040,
Alcoholic
Beverage
Sales
Liquor Stores CUP CUP CUP CUP Section
9.31.040,
Alcoholic
Beverage
Sales
TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL-DISTRICTS Use Classification MUBL MUB GC NC
Additional
Regulations
Funeral Parlors and Mortuaries — CUP CUP —
Instructional Services P P P P Section
9.31.040,
Alcoholic
Beverage
Sales
Live-Work L(14) L(14) L(14) L(14) Section
9.31.170,
Live-Work
Units
Lodging See sub-classifications below.
Bed and Breakfast MUP MUP MUP MUP Section
9.31.090, Bed
and
Breakfasts
Hotels and Motels CUP CUP CUP —
Maintenance and Repair Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Night Clubs CUP CUP CUP CUP Section
9.31.040,
Alcoholic
Beverage
Sales
Nurseries and Garden Centers L(19)/CUP L(19)/CUP L(19)/CUP L(17)/CUP Section
9.31.220,
Outdoor
Retail
Display and
Sales
Offices See sub-classifications below.
Business and Professional P P P L(21)/ MUP
Creative P P P L(21)/ MUP
Medical and Dental P P P L(21)/ MUP
Walk-In Clientele P P P L(21)/ MUP
Outdoor Newsstands MUP MUP MUP MUP Section
9.31.210,
Outdoor
Newsstands
Parking, Public or Private CUP CUP CUP CUP
Personal Services See sub-classifications below.
General Personal Services L(19)/ MUP L(19)/ MUP L(19)/ MUP L(2)/ MUP Section
9.31.040,
Alcoholic
Beverage
Sales
Section
9.31.230,
Personal
Service
Personal Services, Physical Training L(20) L(20) L(20) L(20) TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL-DISTRICTS Use Classification MUBL MUB GC NC
Additional
Regulations
Tattoo or Body Modification Parlor P P P P Section
9.31.230,
Personal
Service
Retail Sales See sub-classifications below.
Building Materials Sales and Services — — CUP — Section
9.31.220,
Outdoor
Retail Display
and
Sales
Cannabis Retailers P P P P Section
9.31.095,
Cannabis
Retailers
General Retail Sales, Small-Scale P P P P Section
9.31.040,
Alcoholic
Beverage Sales
Section
9.31.220,
Outdoor
Retail Display
and
Sales
General Retail Sales, Medium-Scale MUP MUP MUP — Section
9.31.040,
Alcoholic
Beverage Sales
Section
9.31.220,
Outdoor
Retail Display
and
Sales
General Retail Sales, Large-Scale — — — — Section
9.31.220,
Outdoor
Retail Display
and
Sales
Pawn Shops — — — —
Swap Meets — — CUP — Section
9.31.360,
Swap Meets
Industrial Uses
Artist's Studio P P P P
Commercial Kitchens — — CUP —
TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL-DISTRICTS Use Classification MUBL MUB GC NC
Additional
Regulations
Media Production See sub-classifications below.
Support Facilities L(21)/MUP L(21)/MUP L(21)/MUP L(21)/MUP Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P P
City Bikeshare Facility P P P P
Communication Facilities See sub-classifications below.
Antennas and Transmission Towers — — CUP — Chapter 9.32, Personal
Wireless
Service
Facilities
Equipment within Buildings — — P —
Light Fleet-Based Services — — CUP —
Utilities, Major — L(13) L(13) —
Utilities, Minor P P P P
Specific Limitations:
(1) Limited to the upper floors and areas not subject to the Active Use Requirement set forth in Section
9.11.030(A) for parcels located on Main Street, Montana Avenue, Pico Boulevard, and Ocean Park Boulevard. Permitted on all floors for all other parcels. (2) Limitation shall only apply to new construction: Limited to facilities with no more than 7,500 square feet of floor area; greater area requires approval of a Minor Use Permit. (3) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency shelters with 55 or more beds.
(4) Limited to automobile storage use associated with existing automobile dealerships selling new vehicles; otherwise, requires Conditional Use Permit.
(5) Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships conforming to the Urban Auto Dealership Format standards in Section 9.31.070, Automobile/ Vehicle Sales, Leasing, and Storage are permitted. Expansions to existing dealerships that do not conform to the Urban Auto Dealership Format standards shall require a MUP or CUP. (6) New auto dealerships may be allowed, subject to approval of a Conditional Use Permit, only on sites with frontage on Santa Monica Boulevard between Lincoln Boulevard and 20th Street on Lincoln Boulevard between Interstate 10 and Santa Monica Boulevard. In other locations, new automobile dealerships are not permitted.
(7) Limited to existing cinema buildings. New cinemas are not permitted. (8) Limited to theaters with 75 or fewer seats. Theaters with more than 75 seats require Conditional Use Permit.
TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL-DISTRICTS Use Classification MUBL MUB GC NC
Additional
Regulations
(9) Reserved.
(10) No individual tenant space shall exceed 7,500 SF.
(11) Limited to facilities that operate primarily indoors. Indoor facilities that include outdoor areas used for performance, exhibits, events, or a similar space shall require a Minor Use. (12) A Minor Use Permit is required for new construction or additions to existing structures that result in general markets 30,000 square feet and greater. In the Neighborhood Commercial District, establishments shall not exceed 25,000 square feet of floor area.
(13) Limited to electric distribution substations.
(14) If the commercial use requires a MUP or CUP, an application shall be required in accordance with Chapter
9.41. Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the live-work unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from uses that generate airborne particulates in a unit with an unenclosed kitchen.
(15) Food halls greater than 10,000 SF and Brewpubs greater than 5,000 SF require approval of a Minor Use Permit. (16) Limited to facilities of no more than 3,000 square feet of floor area. (17) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: No individual tenant space in the NC District shall occupy more than 7,500 square feet of floor area without the approval of a Conditional Use Permit. (18) Permitted use except for those greater than 7,500 SF that are abutting a residential use in a residential district shall require a Minor Use Permit.
TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL-DISTRICTS Use Classification MUBL MUB GC NC
Additional
Regulations
(19) Permitted if within buildings existing as of February 24, 2026. Permitted in new buildings, except: no individual tenant space in the MUBL, MUB, and GC Districts shall occupy more than 12,500 square feet of floor area without the approval of a Minor Use Permit.
(20) Youth-serving personal services, physical training requires review and approval of a passenger loading and dropoff plan by the Director. (21) Permitted if within existing buildings as of February 24, 2026 and exempt from the active use requirement set forth in Section 9.11.030(A)(1), except:
• All new construction, including new additions of 50% or more additional square footage to an existing building at any one time, or incrementally, after the effective date of the ordinance codified in this Section, requires approval of a Minor Use Permit.
• In the NC District, ground floor, street-fronting, tenant space occupied by non-media production, support facility uses shall not be changed to media production, support facility use occupying more than 12,500 square feet of floor area without the approval of a Minor Use Permit.
(22) Permitted if all objective planning standards set forth in Government Code Section 65914.900 are met. (23) Permitted by-right with approval of an alcohol exemption permit in compliance with Section 9.31.040. Otherwise, an MUP is required.
(24) Permitted upon approval of a Parking and Loading Operations Plan (PLOP) by the Mobility Division. § 9.12.020. Land Use Regulations.
Table 9.12.020 prescribes the land use regulations for Bergamot Districts. The regulations for each district are established by letter designations below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review.
"P" designates permitted uses. Uses not listed in Table 9.12.020 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.
"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 subclassifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Article.
TABLE 9.12.020: LAND USE REGULATIONS—BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional
Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling
Unit
P P P P Section 9.31.025,
Accessory Dwelling
Units and Junior
Accessory Dwelling
Units
TABLE 9.12.020: LAND USE REGULATIONS—BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional
Regulations
Junior Accessory Dwelling Unit P P P P Section 9.31.025, Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
Multiple-Unit Dwelling P P P P Section
9.31.195,
Multiple-Unit
Dwelling
Projects
Senior Citizen Multiple-Unit Dwelling P P P P Section
9.31.195,
Multiple-Unit
Dwelling
Projects
Housing Types for Specific Needs
Congregate Housing P P CUP CUP Section
9.31.110,
Congregate
Housing
Elderly and Long-Term Care P P CUP CUP
Emergency Shelters P P CUP CUP Section
9.31.130,
Emergenc
y Shelters
Family Day Care See sub-classifications below.
Large P P P P Section 9.31.135,
Family Day Care,
Large
Small P P P P
Group Residential P P MUP MUP Section 9.31.155,
Group
Residential
Senior Group Residential P P P P Section 9.31.155,
Group
Residential
Low Barrier Navigation Centers
PPPP Section
9.31.175, Low
Barrier
Navigation
Centers
TABLE 9.12.020: LAND USE REGULATIONS—BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional
Regulations
Mobile Home Park — P — —
Residential Facilities See sub-classifications below.
Residential Care, General P P MUP MUP Section 9.31.270, Residential Care
Facilities
Residential Care, Limited P P P P Section 9.31.270,
Residential Care
Facilities
Residential Care, Senior P P L(4)/MUP L(4)/MUP Section 9.31.270, Residential Care
Facilities
Hospice, General P P MUP MUP Section 9.31.270,
Residential Care
Facilities
Hospice, Limited P P P P Section 9.31.270,
Residential Care
Facilities
Single-Room Occupancy Housing P P P P Section 9.31.330, Single Room
Occupancy
Structures
Supportive Housing P P P P
Transitional Housing P P P P
Public and Semi-Public Uses
Adult Day Care P P - P
Child Care and Early Education Facilities P P — P Section 9.31.120, Child Care and
Early Education
Facilities
Colleges and Trade Schools, Public or
Private
CUP CUP CUP —
Community Assembly
PPPP Section
9.31.100,
Community
Assembly
Community GardensPPPP
TABLE 9.12.020: LAND USE REGULATIONS—BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional
Regulations
Cultural Facilities P P P P Section 9.31.040,
Alcoholic Beverage
Sales
Hospitals and Clinics L(11) L(11) - L(12), MUP
Clinics P P P -
Community Clinic L(5) L(5) L(5) L(5)
Park and Recreation Facilities, Public P P P P
Public Safety Facilities P P L(3) P
School, Public or Private CUP CUP CUP -
Social Service Centers P P - - Section 9.31.350,
Social Service
Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.
Grooming and Pet Stores P P P L(2) No more than 10
dogs or cats may
be kept overnight
Pet Day Care Services MUP MUP MUP -
Veterinary Services MUP MUP MUP -
Automobile/Vehicle Sales and Service See sub-classifications below.
Alternative Fuels and
Recharging Facilities
— — — —
Automobile Rental — — — —
Automobile Storage Use — — — —
New Automobile/Vehicle
Sales and Leasing
— — — —
Additions 7,500 square feet or less to
Automobile/ Vehicle Sales and Leasing
buildings existing as of 07/ 06/2010
— — — —
Additions larger than 7,500 square feet to
Automobile/Vehicle Sales and Leasing
buildings existing as of 07/06/2010
— — — —
Automobile/Vehicle Repair, Major — — — —
65 TABLE 9.12.020: LAND USE REGULATIONS—BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional
Regulations
Automobile/Vehicle Service and Repair,
Minor
— — — —
Automobile/Vehicle Washing — — — —
Service Station — — — —
Towing and Impound — — — —
Banks and Financial Institutions See sub-classifications below.
Banks and Credit Unions P P P P
Check Cashing Businesses — — — —
Business Services P P P P
Commercial Entertainment and Recreation See sub-classifications below.
Cinemas & Theaters, up to 99 seats P P P P
Cinemas & Theaters, more than 99 seats CUP — — —
Convention and Conference Centers, less
than 25,000 sf
CUP CUP CUP —
Convention and Conference Centers,
25,000 sf or greater
CUP — — —
Large-Scale Facility CUP CUP CUP CUP
Small-Scale Facility MUP MUP MUP MUP
Fortunetelling P P P P
Drinking Establishments See sub-classifications below.
Bars MUP MUP MUP L(12), MUP Section 9.31.040,
Alcoholic Beverage
Sales
Taprooms L(6)/MUP L(6)/MUP L(6)/MUP L(12), L(6)/MUP Section 9.31.040, Alcoholic Beverage
Sales
TABLE 9.12.020: LAND USE REGULATIONS—BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional
Regulations
Eating Establishments See sub-classifications below.
Brewpubs (up to 5,000 square feet,
including Outdoor Dining and Seating)
P P P P Section 9.31.040,
Alcoholic
Beverage Sales,
9.31.290,
Restaurants With
Entertainment,
Section 9.31.200,
Outdoor Dining
and Seating on
Sidewalks
Brewpubs (greater than 5,000 square feet,
including Outdoor Dining and Seating)
P P P MUP Section 9.31.040,
Alcoholic
Beverage Sales,
9.31.290,
Restaurants With
Entertainment,
Section 9.31.200,
Outdoor Dining
and Seating on
Sidewalks
Restaurants, Full
-Service, Limited
Service& Take-Out (up to 5,000 square
feet, including Outdoor Dining and
Seating)
PPPP 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 on
Sidewalks Section
9.31.290,
Restaurants
With
Entertainment
TABLE 9.12.020: LAND USE REGULATIONS—BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional
Regulations
Restaurants, Full-Service, Limited Service
& Take-Out (greater than 5,000 square
feet, including Outdoor Dining and
Seating)
P P P MUP Section 9.31.040,
Alcoholic
Beverage Sales
Section 9.31.280,
Restaurants,
Limited Service
and Take-Out Only
Section 9.31.200,
Outdoor Dining and
Seating on
Sidewalks Section
9.31.290,
Restaurants
With Entertainment
Equipment Rental MUP MUP — MUP
Food and Beverage Sales See sub-classifications below.
Convenience Market L(2)/CUP L(2)/CUP L(2)/CUP L(2)/CUP Section 9.31.040, Alcoholic Beverage
Sales
Farmers Markets CUP CUP CUP CUP
General Market L(3), L(7)/MUP L(3), L(7)/MUP L(3), L(7)/MUP - Section 9.31.040, Alcoholic Beverage
Sales
Liquor Stores CUP CUP CUP CUP Section 9.31.040,
Alcoholic Beverage
Sales
Funeral Parlors and Mortuaries — — — —
Instructional Services P P P P Section 9.31.040,
Alcoholic Beverage
Sales
Live-Work P P P P Section 9.31.170,
Live-Work Units
Lodging See sub-classifications below.
Bed and Breakfast — — — — Section 9.31.090,
Bed and Breakfasts
TABLE 9.12.020: LAND USE REGULATIONS—BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional
Regulations
Hotels and Motels CUP CUP CUP —
Maintenance and Repair Services L(12),MUP L(12), MUP — L(12), MUP Night Club CUP CUP CUP CUP Section 9.31.040,
Alcoholic Beverage
Sales
Nursery and Garden Center P P — — Section 9.31.220,
Outdoor Retail
Display and Sales
Offices See sub-classifications below.
Business and Professional L(9)/MUP L(9)/MUP — —
Creative P P P P
Medical and Dental L(9)/MUP L(9)/MUP — —
Walk-In Clientele P P — —
Outdoor Newsstands MUP MUP MUP MUP Section 9.31.210,
Outdoor
Newsstands
Parking, Public or Private CUP CUP CUP —
Personal Services See sub-classifications below.
General Personal Services P P — P Section
9.31.040,
Alcoholic
Beverage
Sales
Section
9.31.230,
Personal
Service
Personal Services,
Physical Training
P P P P
Tattoo or Body Modification Parlor P P P P Section
9.31.230,
Personal
Service
Retail Sales See sub-classifications below.
Building Materials
Sales and Services
— — — — Section 9.31.220,
Outdoor Retail
Display and Sales
Cannabis Retailers
PPPP Section 9.31.095,
Cannabis Retailers
General Retail Sales, Small-ScalePPPP Section 9.31.040, Alcoholic Beverage
Sales
Section 9.31.220,
Outdoor Retail
Display and Sales
TABLE 9.12.020: LAND USE REGULATIONS—BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional
Regulations
General Retail Sales, Medium-Scale L(3) L(3) L(3) — Section 9.31.040, Alcoholic Beverage
Sales
Section 9.31.220,
Outdoor Retail
Display and Sales
General Retail Sales, Large-Scale CUP CUP — — Section 9.31.220, Outdoor Retail
Display and Sales
Pawn Shops — — — —
Swap Meets CUP CUP CUP — Section 9.31.360,
Swap Meets
Industrial Uses
Alcoholic Beverage Manufacturing L(3) L(3) L(3) - Section 9.31.040, Alcoholic Beverage
Sales
Artist's Studio P P P P
Commercial Kitchens L(3) L(3) — L(3)
Industry, General — — — —
Industry, Limited P P L(2) L(2)
Recycling Facility See sub-classifications below.
Recycling Collection Facility L(12),CUP L(12),CUP — —
Research and Development P P L(2) L(2)
Media Production See subclassifications
below.
Full-Service Facility P P P P
Support Facilities P P — P
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P P
City Bikeshare Facility P P P P
Communication Facilities See sub-classifications below.
TABLE 9.12.020: LAND USE REGULATIONS—BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional
Regulations
Antennas and Transmission Towers MUP MUP — — Chapter 9.32, Personal Wireless
Service Facilities
Equipment within Buildings CUP CUP — —
Light Fleet-Based Services — — — —
Utilities, Major — — — —
Utilities, Minor P P P P
Specific Limitations:
(1) Reserved.
(2) Limited to 4,000 sq. ft. or less.
(3) Permitted upon approval of a Parking and Loading Operations Plan (PLOP) by the Mobility Division. (4) Facilities for 6 or fewer residents are permitted by right. Facilities for more than 6 residents require an MUP. (5) Permitted if all objective planning standards set forth in Government Code Section 65914.900 are met. (6) Permitted by-right with approval of an alcohol exemption permit in compliance with Section 9.31.040. Otherwise, an MUP is required.
(7) A Minor Use Permit is required for new construction or additions to existing structures that result in general markets 30,000 square feet and greater.
(8) (Reserved)
(9) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: Limited to facilities with no more than 7,500 square feet of floor greater area and requires approval of a Minor Use Permit.
(10) Reserved.
(11) Hospitals and clinics of 5,000 sf or less require an MUP. Hospitals and clinics greater than 5,000 sf or greater require a CUP.
(12) Limited to 5,000 sf or less.
Section 9.13.020. Land Use Regulations.
Table 9.13.020 prescribes the land use regulations for the Employment Districts. The regulations for each district are established by letter designations below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review.
"P" designates permitted uses. Uses not listed in Table 9.13.020 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.
"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 subclassifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Article.
TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P P P Section
9.31.025,
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
Junior Accessory Dwelling Unit P P P Section
9.31.025,
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
Multiple-Unit Dwelling P P P Section 9.31.195,
Multiple-Unit
Dwelling Projects
Senior Citizen Multiple-Unit Dwelling P P P Section 9.31.195, Multiple-Unit
Dwelling Projects
Housing Types for Specific Needs
Congregate Housing P P P Section
9.31.110,
Congregate
Housing
Elderly and Long-Term Care — P P
Emergency Shelters L(2)/CUP L(2)/CUP L(2)/CUP Section
9.31.130,
Emergency
Shelters
Family Day Care See sub-classifications below.
TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Large P P P Section 9.31.135,
Family Day Care,
Large
Small P P P
Group Residential MUP MUP P Section 9.31.155,
Group Residential
Senior Group Residential MUP MUP P Section 9.31.155,
Group Residential
Low Barrier Navigation Centers P P P Section 9.31.175, Low Barrier Navigation
Centers
Residential Facilities See sub-classifications below.
Residential Care, General P P P Section
9.31.270,
Residential
Care
Facilities
Residential Care, Limited P P P Section
9.31.270,
Residential
Care
Facilities
Residential Care, Senior P P P Section
9.31.270,
Residential
Care
Facilities
Hospice, General P P P Section
9.31.270,
Residential
Care
Facilities
Hospice, Limited
PPP Section
9.31.270,
Residential
Care
Facilities
TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Single-Room Occupancy Housing P P P Section 9.31.330,
Single Room
Occupancy Structures
Supportive Housing P P P
Transitional Housing P P P
Public and Semi-Public Uses
Adult Day Care MUP P P
Child Care and Early Education Facilities MUP P P Section 9.31.120, Child Care and Early
Education Facilities
Colleges and Trade Schools, Public or Private — CUP —
Community Assembly L(19)/MUP L(19)/MUP L(19)/MUP Section 9.31.100, Community
Assembly
Community Gardens P P P
Cultural Facility P P CUP Section 9.31.040,
Alcoholic Beverage
Sales
Hospitals and Clinics — — P
Community Clinic L(11) L(11) L(11)
Park and Recreation Facilities, Public P P P
Public Safety Facilities MUP MUP P
Schools, Public or Private L(3)/CUP L(3)/CUP P
Social Service Centers MUP MUP P Section 9.31.350,
Social Service
Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.
Kennels CUP — —
TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Pet Day Care Services MUP — —
Veterinary Services P — —
Automobile/Vehicle Sales and Service See sub-classifications below.
Alternative Fuels and Recharging Facilities L(5)/CUP CUP — Automobile Rental L(4) P — Section
9.31.050,
Automobile
Rental
Automobile Storage Use CUP CUP — Section 9.31.070,
Automobile/Vehicle
Sales, Leasing, and
Storage
Automobile/Vehicle Sales and Leasing CUP CUP — Section 9.31.070, Automobile/Vehicle
Sales, Leasing, and
Storage
Automobile/Vehicle Repair, Major L(5)/CUP — — Section 9.31.060, Automobile/Vehicle
Repair, Major and
Minor
Automobile/Vehicle Service and Repair, Minor L(5)/CUP — — Section 9.31.060, Automobile/Vehicle
Repair, Major and
Minor
Automobile/Vehicle Washing CUP — — Section 9.31.080,
Automobile/Vehicle
Washing
Large Vehicle and Equipment Sales, Service, and
Rental
CUP — —
TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Service Station L(5)/CUP CUP — Section
9.31.320,
Service
Stations
Towing and Impound L(5)/CUP — —
Banks and Financial Institutions See sub-classifications below.
Banks and Credit Unions L(15) L(15) L(15)
Business Services P L(6) P
Commercial Entertainment and Recreation See sub-classifications below.
Cinemas — — —
Theaters L(7)/CUP — —
Convention and Conference Centers — CUP —
Large-Scale Facility L(16) L(16) —
Small-Scale Facility MUP L(6), MUP MUP
Drinking Establishments See sub-classifications below.
Bars MUP MUP MUP Section 9.31.040,
Alcoholic Beverage
Sales
Taprooms L(20)/MUP L(20)/MUP L(20)/MUP Section 9.31.040, Alcoholic Beverage
Sales
Eating Establishments See sub-classifications below.
Brewpubs
PPP Section 9.31.040,
Alcoholic Beverage
Sales, Section
9.31.290,
Restaurants with
Entertainment
Section 9.31.200,
Outdoor Dining and
Seating on
Sidewalks
TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Restaurants, Full-Service, Limited Service & TakeOut, With Entertainment, With Outdoor Eating Areas
P P P Section 9.31.040,
Alcoholic Beverage
Sales Section
9.31.280,
Restaurants,
Limited-Service and
Take Out Only
Section 9.31.290,
Restaurants with
Entertainment
Section 9.31.200,
Outdoor Dining and
Seating on
Sidewalks
Food Hall P P P
Equipment Rental P — P
Food and Beverage Sales See sub-classifications below.
Convenience Markets L(6) L(6) P Section
9.31.040,
Alcoholic
Beverage Sales
Farmers Markets CUP — —
TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
General Markets L(21), L(17)/MUP L(21), L(17)/MUP — Section
9.31.040,
Alcoholic
Beverage Sales
Funeral Parlor and Mortuary — — CUP
Instructional Services P P — Section 9.31.040,
Alcoholic Beverage
Sales
Live-Work L (14) CUP L (14) Section 9.31.170,
Live-Work Units
Offices See sub-classifications below.
Business and Professional P P P
Creative P P —
Medical and Dental — P P
Walk-In Clientele L(10) L(6) L(10)
Parking, Public or Private CUP CUP CUP
Personal Services See sub-classifications below.
General Personal Services P P P Section 9.31.040,
Alcoholic
Beverage
Sales
Section
9.31.230,
Personal
Service
Personal Services, Physical Training P P P
Tattoo or Body Modification Parlor P P P Section
9.31.230,
Personal
Service
Retail Sales See sub-classifications below.
Building Materials Sales and Services P — — Section 9.31.220, Outdoor Retail Display
and Sales
Cannabis Retailers
PPP Section 9.31.095,
Cannabis Retailers
TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Firearms and Ammunition Sales — — —
General Retail Sales, Small-Scale P P P Section 9.31.040, Alcoholic Beverage
Sales
Section 9.31.220,
Outdoor Retail Display
and Sales
General Retail Sales, Medium-Scale L(21) L(21) — Section 9.31.040, Alcoholic Beverage
Sales
Section 9.31.220,
Outdoor Retail Display
and Sales
General Retail Sales, Large-Scale CUP CUP — Section 9.31.220, Outdoor Retail Display
and Sales
Industrial Uses
Alcoholic Beverage Manufacturing L(21) L(21) Section 9.31.040, Alcoholic Beverage
Sales
Artist's Studio P P P
Commercial Kitchens P — —
Industry, General P L(12), CUP —
Research and Development P L(12), CUP P
Industry, Limited P L(12), CUP —
Media Production P P —
Recycling Facility See sub-classifications below.
Recycling Collection Facility P — — Section
9.31.260,
Recycling
Facilities
Recycling Processing Facility P — — Section
9.31.260,
Recycling
Facilities
Warehousing, Storage, and Distribution See sub-classifications below.
Indoor Warehousing and Storage P — —
Outdoor Storage L(13), CUP — —
Personal Storage P CUP — Section
9.31.240,
Personal
Storage
Wholesaling and Distribution P — —
TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P
City Bikeshare Facility P P P
Communication Facilities See sub-classifications below.
Antennas and Transmission Towers CUP — CUP Chapter 9.32, Personal Wireless
Service Facilities
Facilities within Buildings CUP P CUP
Light Fleet-Based Services CUP — —
Utilities See sub-classifications below.
Utilities, Major P P —
Utilities, Minor P P P
Specific Limitations:
(1) Limited to 100% affordable housing projects. For senior citizen multiple-unit dwelling projects in the Office Campus District that are not 100% affordable approval of a Conditional Use Permit is required. (2) Homeless shelters with less than 55 beds are permitted by right. Homeless shelters with 55 beds or more may be permitted with application for and approval of a Conditional Use Permit. (3) Permitted if existing. New uses require approval of a Conditional Use Permit. (4) Limited to accessory automobile rental facilities located within automobile/vehicle repair use. (5) Permitted if located 100 ft. or more from any residential use or district. Conditional Use Permit required if located within 100 ft. of a residential use or district. (6) Limited to businesses that provide goods and services to employees on the premises. No more than 25% of the total square footage of a development may be devoted to such businesses. (7) Limited to theaters with 99 seats or less and 10,000 sq. ft. or less. Larger theaters require a Conditional Use
Permit.
TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
(8) Reserved.
(9) Reserved.
(10) Permitted if existing. New uses are not permitted. (11) Permitted if all objective planning standards set forth in Government Code Section 65914.900 are met. (12) Such uses must be conducted within an enclosed building or an open enclosure screened from public view. In order to approve a Conditional Use Permit, the review authority must make a finding that proposed uses are compatible with office and advanced technological uses.
(13) Limited to outdoor storage of fleet vehicles if such vehicles are directly related to the primary operation on the site. (14) If the commercial use requires a MUP or CUP, an application shall be required in accordance with Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the Live-Work unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from uses that generate airborne particulates in a unit with an unenclosed kitchen. (15) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: Limited to facilities with no more than 7,500 square feet of floor area. (16) Limited to bowling alleys.
(17) A Minor Use Permit is required for new construction or additions to existing buildings that result in general markets 30,000 square feet and greater.
(18) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: No individual tenant space shall occupy more than 12,500 square feet of floor area without the approval of a Conditional Use Permit.
(19) Permitted use except for those greater than 7,500 SF that are abutting a residential use in a residential district shall require a Minor Use Permit.
(20) Permitted by-right with approval of an alcohol exemption permit in compliance with Section 9.31.040. Otherwise, an MUP is required.
(21) Permitted upon approval of a Parking and Loading Operations Plan (PLOP) by the Mobility Division.
Section 9.14.020. Land Use Regulations.
Table 9.14.020 prescribes the land use regulations for the Oceanfront District. The regulations for each district are established by letter designations listed below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review.
"P" designates permitted uses. Uses not listed in Table 9.14.020 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. "CUP" designates use classifications that are permitted after review and approval of a Conditional Use Permit. "MUP" designates use classifications that are permitted after review and approval of a Minor Use Permit. " — " designates uses that are not permitted.
Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and 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 Article.
TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit P Section 9.31.025, Accessory Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Dwelling P Section 9.31.195, Multiple-Unit Dwelling Projects
Duplex P Section 9.31.195, Multiple-Unit
Dwelling Projects
Senior Citizen Multiple-Unit Dwelling P Section 9.31.195, Multiple-Unit Dwelling Projects
Single-Unit Dwelling P
Housing Types for Specific Uses
Congregate Housing P Section 9.31.110, Congregate
Housing
Elderly and Long-Term Care P
Emergency Shelters CUP Section 9.31.130, Emergency
Shelters
Employee Housing P
Family Day Care See sub-classifications below.
Large P Section 9.31.135, Family Day Care,
Large
Small P
Group Residential MUP Section 9.31.155, Group Residential TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Senior Group Residential P Section 9.31.155, Group
Residential
Low Barrier Navigation Centers P Section 9.31.175, Low Barrier Navigation Centers
Residential Facilities See sub-classifications below.
Residential Care, General P Section 9.31.270, Residential Care Facilities
Residential Care, Limited P Section 9.31.270, Residential Care Facilities
Residential Care, Senior P Section 9.31.270, Residential Care Facilities
Single-Room Occupancy Housing P Section 9.31.330, Single Room Occupancy Structures
Supportive Housing P
Transitional Housing P
Public and Semi-Public Uses
Adult Day Care CUP
Child Care and Early Education Facilities CUP Section 9.31.120, Child Care and Early Education Facilities
Cultural Facilities CUP
Community Clinic L(6)
Park and Recreations Facilities, Public P
Schools P
Commercial Uses
Automobile/Vehicle Sales and Service See sub-classifications below.
Automobile Rental MUP Section 9.31.050, Automobile
Rental
TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Commercial, Entertainment, and Recreation See sub-classifications below.
Theaters L(1)
Convention and Conference Centers P
Small-Scale Facility P
Large-Scale Facility L(2)/CUP
Fortunetelling P
Drinking Establishments See sub-classifications below.
Bars L(3),/MUP Section 9.31.040, Alcoholic
Beverage Sales
Taprooms L(7)/MUP Section 9.31.040, Alcoholic
Beverage Sales
Eating Establishments See sub-classifications below.
Brewpubs P Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.290, Restaurants
With Entertainment
Section 9.31.200, Outdoor Dining
and Seating on Sidewalks
Chapter 9.20, Beach Overlay
District
Restaurants, Full-Service, Limited Service and Take-Out Only including Outdoor Dining and Seating
P Section 9.21.040, Alcoholic
Beverage Sales
Section 9.31.280,
Restaurants, Limited-Service
and Take Out Only Section
9.31.290, Restaurants With
Entertainment
Section 9.31.200, Outdoor Dining
and Seating on Sidewalks
Chapter 9.20, Beach Overlay
District
TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Food Hall P
Food and Beverage Sales See sub-classifications below.
Convenience Markets P Section 9.31.040, Alcoholic
Beverage Sales
Farmers Markets MUP
General Markets L(4) Section 9.31.040, Alcoholic
Beverage Sales
Liquor Stores CUP Section 9.31.040, Alcoholic
Beverage Sales
Lodging See sub-classifications below.
Bed and Breakfast CUP Within Designated Landmarks
only. Section 9.31.090, Bed and
Breakfasts
Night Clubs L(3), CUP Section 9.31.040, Alcoholic
Beverage Sales
Offices See sub-classifications below.
Business and Professional L(5)/CUP
Creative L(5)/CUP
Walk-In Clientele L(5)/CUP
Parking, Public or Private CUP
General Personal Services MUP
Retail Sales See sub-classifications below.
Cannabis Retailers P Section 9.31.095, Cannabis
Retailers
General Retail Sales, Small-Scale P Section 9.31.220, Outdoor Retail Display and Sales
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P
Specific Limitations:
TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional
Regulations
(1) Limited to theaters for live performances.
(2) Existing large-scale commercial, entertainment, and recreation facilities existing as of the date of the ordinance codified in this Section, are permitted. Any new large-scale commercial, entertainment, and recreation facilities require approval of a Conditional Use Permit. (3) Bars and nightclubs are only permitted on the Pier, on Oceanfront Walk, and within hotels. (4) Limited to establishments with no more than 2,500 sq. ft. of floor area. (5) Office uses on the ground floor street frontage may not exceed 25% of the parcel width or 1,000 sq. ft. whichever is less.
(6) Permitted if all objective planning standards set forth in Government Code Section 65914.900 are met.
(7) Permitted by-right with approval of an alcohol exemption permit in compliance with Section
9.31.040. Otherwise, an MUP is required.
Section 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 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 receiveonly nonparabolic
antenna and 1
vertical whip
Antenna
10%; may not be located between
the building and any
street-facing parcel line
25 ft.
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*
Other antennas See Chapter 9.32, Telecommunications Facilities 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
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 deck-leveling 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 deck-leveling surfaces
as required
Structures associated with rooftop
community assembly, and
small/large-scale commercial
entertainment and recreation
facilities
None 15 ft. above the finished parking surface
level, including deck-leveling surfaces
as required
Section 9.21.130. Resource Recovery and Recycling Standards.
A. Applicability. All uses shall provide refuse and recycling storage and staging areas that comply with the standards of this Section. Refuse and recycling rooms meeting the standards of subsection (C) shall be provided in conjunction with:
1. New construction for which a building permit is required.
2. Improvements affecting refuse and recycling areas of publicly owned facilities.
3. Additions that add 30% or more to the existing floor area.
4. Eating and Drinking Establishments, as defined in Section 9.51.030(B)(8), and Food and Beverage Sales, as defined in Section 9.51.030(B)(10).
B. General Requirements. Each parcel containing a building or structure shall provide and maintain one or more refuse containers and recycling containers on the premises.
1. Containers shall be of sufficient capacity and number to accommodate the refuse and recyclable materials generated by the uses on the parcel, in compliance with guidelines established by the Public Works Department. An adequate number of bins or containers to allow for the collection and loading of refuse and recyclable materials shall be located within the refuse and recycling rooms or outdoor enclosures.
2. All outdoor storage of refuse, recyclable materials, and other items or material intended to be discarded or collected shall be screened from public view. On parcels where refuse and recyclable materials are both stored and collected adjacent to an alley or other public right-of-way, the refuse and recyclable materials shall be screened from public view on at least 3 sides by a solid opaque impact-resistant wall not less than 5 feet or more than 8 feet in height, and on the fourth side by a solid opaque impactresistant gate not less than 5 feet or more than 8 feet in height, or of other such material or design approved by the Architectural Review Board. The gate shall be maintained in working order and shall remain closed except during such times as refuse, recyclable materials and other such items are being discarded, placed for collection, or collected.
3. All refuse and recyclable materials which are stored and collected from the same location out of doors shall be stored not more than 10 feet from the parcel line which is closest to the refuse collection point. If the collection area is more than 20 feet from the collection point, a staging area within 10 feet of the collection point is necessary.
4. Refuse and recycling rooms or outdoor enclosures shall be secured to prevent the theft of recyclable materials by unauthorized persons, while allowing authorized persons access for disposal of materials, and must provide protection against adverse environmental conditions which may render the collected materials unmarketable.
C. Refuse and Recycling Rooms. A refuse and recycling room or outdoor enclosure shall comply with all the requirements of the Zoning District in which it is located as well as the following minimum design standards:
1. Single Unit and Duplex Residences. Single Unit Residences and Duplexes shall include a designated area to store refuse, recycling, and organic materials screened from public view or a designated area in a garage or accessory structure.
2. Residential Multiple-Unit Development. Developments consisting of 3 or more dwelling units shall include a refuse and recycling room meeting the minimum dimensions stated in Table 9.21.130.A below, or shall provide an equivalent space within an outdoor enclosure that conforms to the same dimensions stated in the table.
TABLE 9.21.130.A: MINIMUM RESOURCE AND RECYCLING ROOM DIMENSIONS –
RESIDENTIAL MULTI-UNIT DEVELOPMENT
Number of
Residential Units
Minimum Room Dimensions
Width (ft.) Length (ft.) Height (ft.)
3 – 10 units 21 ft. 7.5 ft. 10 ft. (1)
11 – 20 units 21 ft. 14 ft. 10 ft. (1)
21 units or greater 28 ft. 20 ft. 10 ft. (1)
(1) An outdoor enclosure must have walls at least 6 ft. in height and an opening at least 8 ft. wide.
3. Nonresidential and Mixed-Use Development.
a. Nonresidential and mixed-use developments shall include a refuse and recycling room meeting the minimum dimensions stated in Table 9.21.130.B below, or shall provide an equivalent space available in a centralized area or an outdoor enclosure with the same width and length dimensions, and a minimum height of 6 feet, and an opening at least 8 feet wide.
b. Refuse and recycling rooms or outdoor enclosures shall be at the same grade as and adjacent to an existing alley, if the site is adjacent to an alley. c. The 3 interior walls of refuse and recycling indoor and outdoor enclosures shall include a 2 inch by 16 inch wall guard covering the length of all interior walls in existing properties, or a curb 6 inches in depth by 8 inches tall for remodels and new construction.
d. Nonresidential buildings and buildings that prepare process and/or sell any and all food products must have a fully-enclosed refuse, and recycling and food waste area with lighting, ventilation, and sanitary drains. Size and dimensions shall conform to the required design standards outlined in this Chapter.
TABLE 9.21.130.B: MINIMUM RESOURCE AND RECYCLING ROOM DIMENSIONS –
NONRESIDENTIAL DEVELOPMENT AND MIXED-USE
Aggregate Floor Area Minimum Room Dimensions
Width (ft.) Length (ft.) Height (ft.)
Less than 5,000 sq. ft. 21 ft. 7.5 ft. 10 ft.
5,001 – 20,000 sq. ft. 21 ft. 14 ft. 10 ft.
20,001 sq. ft. or
greater
28 ft. 20 ft. 10 ft.
4. Subterranean Storage. Buildings or structures in which refuse and recyclable materials are stored in otherwise locked and secured subterranean garages may be permitted to designate a fenced area for the storage of refuse and recyclable materials in compliance with specifications as to location and materials established by the Director of Public Works.
D. Modifications. The Director of Public Works, in consultation with the Director of Planning, shall have the authority to modify the requirements, as listed below, subject to the design standards of this Section when, upon a written application for a modification, the Director of Public Works determines that the applicant has demonstrated that imposition of the design standards is technically infeasible or creates an unreasonable hardship. Such authority shall be limited to the following:
1. Modify the dimensions of refuse and recycling rooms or outdoor enclosures, provided that the frequency of refuse collection is modified to adequately serve the uses on the parcel and protect the public health, safety and general welfare.
2. Permit more than one recycling room or outdoor enclosure, provided the aggregate area is in substantial compliance with the design standards of this Section as determined by the Director of Public Works, and provided that each room or outdoor enclosure furnishes convenient access for disposal and collection of both refuse and recyclable materials. Refuse containers located adjacent to alleys should remain open to the alley. Refuse enclosures in subterranean parking areas should have a door of equal size with door-stops attached or a follow-up door and provide adequate lighting, ventilation and sanitary drains. If the refuse enclosure is located in a subterranean parking area or remote locations, a City-approved staging area on private property at the alley or street level must be provided. In the event that the location of the refuse and recyclable room or outdoor enclosure is not convenient for collection, the Director of Public Works shall be authorized to require payment of a fee, established by resolution of the City Council, for collection of the refuse and recyclable materials. In no event shall a fee be authorized in lieu of providing a refuse and recycling room or outdoor enclosure.
Section 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. Notwithstanding this requirement, 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 (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 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.
4. The building was demolished as a result of a nonvoluntary 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.
Section 9.27.050. Legal Nonconforming Uses.
A legal, nonconforming use may be maintained subject to the following provisions:
A. Change of Ownership. A change of ownership, tenancy, or management of a nonconforming use shall not affect its status as a legal, nonconforming use.
B. Abandonment. If a nonconforming use of a building, structure, or parcel ceases for a continuous period of 1 year or more, the use shall be considered abandoned, and the building, structure, or parcel shall thereafter be used only in accordance with the regulations for the District in which it is located except as provided below. It is the responsibility of the applicant to provide evidence demonstrating to the satisfaction of the Director that the use was legally established and has not been abandoned.
Notwithstanding the above, no nonconforming residential use shall be considered abandoned regardless of the length of time of non-use unless the Director determines the building is dangerous, unsafe, a health and safety hazard, and/or uninhabitable, and these conditions cannot be remedied.
1. The one-year period to determine that a nonconforming use has been abandoned shall commence when the use ceases and any one of the following occurs:
a. The business license lapses;
b. The site is vacated;
c. The lease is terminated;
d. Utilities are terminated; or
e. A conforming use that meets the applicable requirements of this Chapter is lawfully established in the space previously occupied by the nonconforming use.
2. Once the one-year period has commenced under subsection (B)(1) that period shall only be terminated if the nonconforming use is fully licensed, permitted, and operational for 60 continuous days. Operational shall mean that the nonconforming use is open for business to the public and provides services typically associated with the nonconforming use during the hours and days that are customary for that nonconforming use.
3. Cessation of use due to remodeling shall not be considered abandonment so long as building permits are active in accordance with Chapter 8.08 of the Municipal Code. However, if the building permit expires before the use resumes, the one-year period under subsection (B)(1) shall relate back and commence with the cessation of use.
4. Except as provided in subsection (B)(5), no nonconforming use may be resumed, reestablished, or reopened once it has been determined to have been abandoned for 1 year.
5. If the nonconforming use of a building, structure, or parcel occurred in a City-designated Historic Resource, the nonconforming use may be resumed, reestablished, or reopened even if that nonconforming use has been abandoned for more than 1 year and other uses have occurred since that abandonment if a Conditional Use Permit is obtained based on the following findings:
a. The City-designated Historic Resource was not in residential use as of December 16, 2014;
b. The proposed use is compatible with existing and permissible land uses within the District and the general area in which the proposed use is to be located;
c. The proposed use is compatible with any of the land uses presently on the subject parcel if the land uses are to remain;
d. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood; e. The subject parcel is physically suitable for the type of land use being proposed; and
f. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare.
6. Notwithstanding the foregoing, or anything to the contrary in this Chapter, the following legal, nonconforming uses may be resumed, reestablished, or reopened, even if that nonconforming use has been abandoned for more than 1 year, unless a conforming use that meets the applicable requirements of the Zoning Ordinance has been lawfully established in the space previously occupied by the nonconforming use:
a. In areas excluding the Third Street Promenade Area:
i. Restaurant, full service,
ii. Restaurant, limited service and take-out,
iii. Food hall,
iv. General retail sales, small scale, and
v. General retail sales, medium scale;
vi. Bar/nightclub located in the Neighborhood Commercial (NC) district on Main Street.
b. In the Third Street Promenade Area:
i. Bar/nightclub,
ii. Restaurant, full service,
iii. Restaurant, limited service and take-out,
iv. Food hall,
v. General retail sales, small scale, and
vi. General retail sales, medium scale.
7. Pursuant to Subsection H below, following the relocation of an existing nonconforming pawn shop within the Downtown, any subsequent use of the abandoned building or tenant space shall be of a conforming use only in accordance with the land use regulations for the district in which it is located, and its nonconforming use rights as a pawn shop at such abandoned location shall be terminated.
C. Conversion to Conforming Use. If a nonconforming use is converted to a conforming use, the nonconforming use may not be resumed except as authorized by subsection (B)(5).
D. Expansion of Nonconforming Use. A nonconforming use of a building or portion of a building that conforms to the development standards of this Chapter shall neither be expanded into any other portion of the building nor changed except to a conforming use.
The nonconforming use of land shall not be expanded or extended in area, except that outdoor dining areas and other outdoor spaces permitted pursuant to Sections 9.31.199, Outdoor Commercial Uses on Private Property, and 9.31.200, Outdoor Dining and Seating on Sidewalks, shall not be considered an expansion in area for the purposes of this subsection.
E. Intensification of Uses. A nonconforming use shall not be permitted to substantially change in mode or character of operation. A substantial change in mode or character of operation shall include, but is not limited to, addition of uses, a change in operational hours that extends past 11:00 p.m. any night Sunday through Thursday and/or midnight on Friday and/or Saturday or begins before 7:00 a.m., a 5% increase in the floor area of the premises, or a 5% increase in the number of seats in any restaurant, but in no case shall the increase exceed any established seating limitation in the underlying zoning district.
F. Continuation/Reinstatement. The uses existing in a structure that have been restored pursuant to Section 9.27.040 may be continued/reinstated in the reconstructed/replacement structure so long as no continued/reinstated nonconforming uses are expanded, changed or substituted.
G. Legal, Nonconforming Rent-Controlled Multiple-Unit Properties.
Notwithstanding subsection (D), existing multi-unit residential units in the R1 Single-Unit Residential District that are presently controlled by Article XVIII of the City Charter may be expanded in area provided such expansion complies with all other applicable Code provisions, including those governing height, number of stories, setbacks, stepbacks, floor area ratio, and off-street parking (unless the City's Parking and Traffic Engineer determines that the provision of parking is not feasible), and the number of housing units on the multi-unit residential property does not increase.
H. Relocation of Nonconforming Pawn Shops within the Downtown Area.
Existing legal nonconforming pawn shop establishments located in the Downtown as of February 24, 2026 may relocate anywhere in the Downtown districts, except within the Ocean Transition (OT) District, and shall retain its legal non-conforming use status in its new location. Following relocation, any subsequent use of the abandoned building or tenant space shall be of a conforming use only in accordance with the land use regulations for the district in which it is located, and its nonconforming use rights as a pawn shop at such abandoned location shall be terminated, pursuant to Subsection B(7) above.
Section 9.31.030. Accessory Food Service.
The purpose of this Section is to allow and establish standards for food and beverage service that is clearly incidental and secondary to the primary use of a site. The regulations of this Section shall not apply to any eating establishment use proposed in a zoning district where an eating establishment use is permitted by-right.
A. Applicability. Food service operations that comply with the standards of this Section are considered accessory to a primary permitted use that is not a restaurant and are permitted wherever such primary use is permitted. Food service that is more extensive or intensive than described in this Section shall be separately classified as "Eating Establishments" classification, pursuant to Chapter 9.51, Use Classifications.
B. Primary Uses/Allowed Locations. An accessory food service may serve and be located within a primary permitted nonresidential use.
C. Maximum Area. The area utilized for on-site consumption of food and beverages, including seating, counter space, or other eating arrangement, shall not occupy more than 250 square feet of floor area. In addition, the consumption area may not exceed 33 percent of the floor area of the primary on-site use.
D. Maximum Number of Seats. The number of seats for patrons shall not exceed
20. E. Enclosure. The seating area shall be defined by fixed barriers such as full or partial walls, fencing, or planters.
F. Service. Orders for food or beverages may not be taken from the table but rather must be ordered at a counter.
G. Entrances. To ensure that an accessory food service remains accessory to the primary permitted use of the property, the food service shall not have a separate building entrance from the primary use.
H. Parking. The parking requirement for accessory food service shall be based on the parking requirement for the primary permitted use of the property.
Section 9.31.040. Alcoholic Beverage Sales.
A. Purpose.
1. To limit the potential for community problems such as public drunkenness, drunk driving, traffic accidents, violent crime, noise, and nuisance from an overabundance or overconcentration of the availability of alcohol and its consumption. To regulate traditional alcohol outlets, including bars, restaurants, liquor stores, and supermarkets, as well as new types of alcohol outlets, to ensure that public health, safety, and welfare are not threatened.
2. To establish control measures that will permit the City to review and approve new alcohol outlets on a case-by-case basis and to condition that approval based on the specific type of alcohol outlet, neighborhood location, and potential problems involved.
B. Minor Use Permit or Conditional Use Permit Required. No person shall dispense for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits, for on-site or off-site consumption without first obtaining a Minor Use Permit unless the proposed use has received an Alcohol Exemption Zoning Conformance Permit in accordance with subsection D or is otherwise determined to be exempt after a Zoning Conformance Review in accordance with subsection E. Notwithstanding the above, a Conditional Use Permit shall always be required for any Night Club use outside of the Bayside Conservation (BC) zoning districts.
C. Findings for Approval of Minor Use Permit or Conditional Use Permit.
The Zoning Administrator (for Minor Use Permits) or the Planning Commission (for Conditional Use Permits) may approve the alcohol permit only if, in addition to the required findings contained in Section 9.41.060, Required Findings, all of the following findings shall also be made in an affirmative manner:
1. The proposed alcohol sales will not adversely affect the welfare of neighborhood residents in a significant manner;
2. The proposed alcohol sales will not contribute to an undue concentration of alcohol outlets in the area;
3. The proposed alcohol sales will not detrimentally affect nearby neighborhoods, considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets; and
4. The sale of alcohol will not increase traffic congestion or generate a demand for parking that will adversely affect surrounding businesses and residents.
D. Alcohol Exemption Zoning Conformance Permit.
1. Citywide Excluding the Downtown zoning districts, Santa Monica Place, and Santa Monica Pier. Except as provided in subsection D.2 below, limited and fullservice 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 requirements 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. Restaurants (Full-Service and Limited Service and Take Out), Food Halls, and Brewpubs:
i. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted;
ii. 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; iii. The premises shall maintain a kitchen or food-serving area in which a variety of food is prepared on the premises;
iv. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises' California Alcoholic Beverage Control ("ABC") license;
v. Entertainment may only be permitted in the manner set forth in Section 9.31.290, Restaurants with Entertainment;
vi. 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;
vii. 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;
viii. 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;
ix. Establishments with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code; x. 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;
xi. 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;
xii. 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;
xiii.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;
xiv. 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; xv. 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
xvi. 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; xvii. 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. Taprooms:
i. Operators shall be limited to serving beer, wine, or other similar fermented and/or malt beverages. Spirits are not allowed; ii. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted;
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. 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 premises;
v. 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 areas no later than 11:00 p.m. Sunday through Thursday. No after-hours operation is permitted;
vi. No organized queuing of patrons at the entry or checking of identification to control entry into and within the establishment shall be permitted;
vii. Establishments with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code; viii.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;
ix. 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;
x. 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;
xi. 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;
xii. 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; xiii.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
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, except as otherwise specified in these conditions of approval. 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. c. Cultural Facilities, and Instructional Services, and General Personal Services.
i. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 11:00 p.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-of-way 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. d. Retail Sales — General Retail Sales, Small-Scale and MediumScale. i. The permitted hours of alcoholic beverage sales for off-site consumption and or on-site tasting shall be 8:00 a.m. to 10:00 p.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 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. 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. xiii.Service of alcoholic beverages shall be incidental to the primary use.
2. Bayside Conservation (BC) District, Neighborhood Village (NV), Transit Adjacent (TA), Lincoln Transition (LT) west of Lincoln Blvd, Ocean Transition (OT) District, Santa Monica Place, and Santa Monica Pier. Notwithstanding the provisions of subsection D.1, above, in 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, 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 requirements 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), Food Halls, and Brewpubs:
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-of-way 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 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. 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/Taprooms/Nightclubs.
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-of-way 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-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. 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, Instructional Services, and General Personal 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-of-way 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 on City Owned Parking Structures: 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-of-way 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 MediumScale. 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 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. 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.
E. Zoning Conformance Review.
1. When an existing alcohol outlet without a Conditional Use Permit changes ownership or undergoes an interior remodel, it shall be subject to Zoning Conformance review in accordance with the following:
a. Except as provided in paragraph b, below, an existing alcohol outlet that was lawfully established and is nonconforming solely due to the lack of an approved Conditional Use Permit is exempt from the requirements of this Section if the licensed premises have remained in continuous operation without substantial change in mode or character of operation. Approval of a Conditional Use Permit shall be required for a change in the licensed classification. The operation of an existing nonconforming alcohol outlet shall be considered lapsed and a Conditional Use Permit shall be required where operations have been discontinued for a period of over 1 year. i. The 1-year period to determine that a nonconforming alcohol outlet has been abandoned shall commence when the use ceases and any one of the following occurs:
(1) The business license lapses;
(2) The site is vacated;
(3) The lease is terminated;
(4) Utilities are terminated; or
(5) A conforming use that meets the applicable
requirements of this Article is lawfully established in the space previously occupied by the nonconforming alcohol outlet. ii. Once the 1-year period has commenced under subsection (E)(1)(a)(i) that period shall only be terminated if the nonconforming alcohol outlet is fully licensed, permitted, and operational for 60 continuous days.
Operational shall mean that the nonconforming alcohol outlet is open for business to the public and provides services typically associated with the nonconforming alcohol outlet during the hours and days that are customary for that nonconforming alcohol outlet.
iii. Cessation of use due to remodeling shall not be considered abandonment so long as building permits are active in accordance with Chapter 8.08 of the Municipal Code. However, if the building permit expires before the use resumes, the 1-year period under subsection (E)(1)(a)(i) shall relate back and commence with the cessation of use. iv. Any existing premises where operations have been discontinued for these time periods shall be required to obtain a Conditional Use Permit prior to resuming business whether or not a Conditional Use Permit was obtained in the past for the premises.
v. A substantial change in mode or character of operation shall include, but is not limited to, a change in operational hours that extends past 11:00 p.m. Sunday through Thursday and midnight on Friday and Saturday, a 5% increase in the floor area of the premises, a 10% increase in the shelf area used for the display of alcoholic beverages, queuing outside the establishment, age requirements for entry, checking identification at the door, implementing a cover charge, offering bottle service, or a 5% increase in the number of seats in any restaurant that serves alcoholic beverages, but in no case shall the increase exceed any established seating limitation in the underlying zoning district. (1) "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. (2) "Cover charge" shall mean requiring payment of
customers before they may enter the establishment.
b. Notwithstanding the provisions of paragraph a, above, when an existing alcohol outlet (i) located within the Third Street Promenade Area; and (ii) without a Conditional Use Permit changes ownership or undergoes an interior remodel, it shall be subject to Zoning Conformance review to confirm consistency with current operations, except that an existing alcohol outlet that was lawfully established and is nonconforming solely due to the lack of an approved Conditional Use Permit shall not be subject to a zoning conformance review if the licensed premises have remained in continuous operation without substantial change in mode or character of operation. As used in this paragraph, a substantial change in mode or character of operation shall include, but is not limited to: a 5% increase in the floor area of the premises; a 10% increase in the shelf area used for the display of alcoholic beverages; implementing a cover charge, that is, requiring payment from customers before they may enter the premises; or a 5% increase in the number of seats in any restaurant that serves alcoholic beverages, but in no case shall the increase exceed any established seating limitation in the underlying zoning district.
c. Notwithstanding the provisions of paragraph a, above, alcohol outlets that qualify under SMMC 9.27.050 (B)(6)(a)(vi) and resume operations or reestablish shall be subject to Zoning Conformance review to confirm consistency with current operations, without substantial change in mode or character of operation. As used in this paragraph, a substantial change in mode or character of operation shall include, but is not limited to: a 5% increase in the floor area of the premises; a 10% increase in the shelf area used for the display of alcoholic beverages; implementing a cover charge, that is, requiring payment from customers before they may enter the premises; or a 5% increase in the number of seats in any restaurant that serves alcoholic beverages.
2. When an existing alcohol outlet with a Conditional Use Permit changes ownership or undergoes an interior remodel, it shall be subject to Zoning Conformance review to ensure compliance with the existing CUP.
3. An existing alcohol outlet with a Conditional Use Permit or Alcohol Exemption may request exemption from the following conditions of approval, as applicable, subject to Director approval:
a. Limitations on the number of televisions;
b. Limitation on the maximum percentage cap on total gross alcohol sales; Limitations on percentage of total gross revenues per year from alcohol sales. c. Prohibition on bottle service;
d. Prohibition on participating in “pub crawls”;
e. Prohibition on providing billiards/pool tables, video or amusement games, bowling, darts, and other similar entertainment activities.
Section 9.31.100. Community Assembly.
Community assembly uses shall be located, developed, and operated in compliance with the following standards:
A. Parking, Loading, and Operations Plan (PLOP). Community assembly uses are required to obtain approval of a PLOP by the Mobility Division.
B. Buffer. A minimum buffer at least 20 feet in width shall be provided adjacent to any residential use in a Residential District. This buffer area may be used for parking or landscaping but shall not be used for structures or outside activities. The minimum buffer requirement may be reduced subject to the review and approval of a Conditional Use Permit pursuant to Chapter 9.41.
C. Landscaping. The site on which a community assembly use is located shall be landscaped consistent with the standards of Chapter 9.26, Landscaping.
D. Outdoor Activity Areas. Outdoor areas used for recreation, meetings, services or other activities involving groups of persons shall be at least 50 feet from any residential use in a Residential District.
E. Parking Area Screening. Parking areas adjacent to any residential district shall be consistent with the standards of Chapter 9.26, Landscaping.
F. Accessory Uses. Community assembly uses may include administrative offices, kitchen facilities, multi-purpose rooms, storage and other uses that are accessory to the facilities for public or private meetings. Places of worship may provide religious instruction as an accessory use; however, when a full school curriculum comparable to that of the Santa Monica-Malibu Unified School District is offered, the school use shall be separately classified as a Public or Private School.
Section 9.31.196. Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots.
The purpose of this Section is to promote fair housing opportunities throughout the City by incentivizing multiple-unit dwelling projects on surface parking lots associated with existing community assembly uses.
A. Applicability. This Section shall apply to multiple-unit dwelling projects on surface parking lots owned in whole or in part by a community assembly use, where at least a portion of the existing community assembly use is retained.
B. Allowable Uses. The multiple-unit dwelling project may include the existing community assembly use and related ancillary uses for the support or expansion of the community assembly use.
C. Affordability Requirements. Multiple-unit dwelling projects shall include at least 50% of total units affordable to 80% income households.
D. Affordable Units. The affordable housing units shall be owned in whole or in part and operated by a nonprofit housing provider for the life of the project.
E. Building Height. Projects shall receive a height increase of up to 33 feet above maximum building height for the underlying zone district. Projections that have already received up to 3 additional stories or 33 feet in height in accordance with 9.22.060(A)(4) shall not be eligible for additional building height pursuant to this subsection.
F. Density. There shall be no limit to density.
G. Parking Requirements. There shall be no minimum parking requirements.
Replacement of existing parking for the associated community assembly use shall not be required.
H. Additional Requirements. Projects shall comply with the requirements set forth in Section 9.31.195, Multiple-Unit Dwelling Projects.
I. Process. Projects shall be processed as Administrative Approvals pursuant to Chapter 9.39.
Section 9.31.199. Outdoor Commercial Uses on Private Property.
A. Purpose. The purpose of this Section is to allow existing and new businesses to expand outdoor commercial activity using on-site surface parking lots or common open areas located on private property and to ensure that such uses do not adversely impact adjacent properties and surrounding neighborhoods consistent with the goals, objectives, and policies of the General Plan. Eligible businesses proposing outdoor space shall be designed, located, and operated in accordance with the requirements of this Section.
B. Definitions. The definitions in Santa Monica Municipal Code Section 9.52.020 apply to the terms and phrases used in this Chapter, unless otherwise specified herein. In addition, the following terms and phrases have the following meanings when used in this section:
"Eligible business" means: (1) a business that operates out of a physical location in the City and has received any necessary entitlements from the City to operate; (2) the use of the physical location by the business is a commercial use classification that is permitted or conditionally permitted in the district, other than those uses specifically prohibited under this Section, as those terms are defined by Santa Monica Municipal Code Section 9.51.030; and (3) an expansion of an existing commercial use located on the same parcel located in a nonresidential or Oceanfront District, or adjacent residentially zoned parcel.
"Outdoor space" is inclusive of all or a portion of a common area, such as a surface parking lot, courtyard, plaza, roof deck, or other private open space area located on private property.
C. Applicability. Except as specifically identified, the provisions of this Section shall apply to eligible businesses proposing new outdoor space areas and to existing private outdoor use areas that are expanded or enlarged by more than 10% in outdoor space, in accordance with the requirements of this Section.
1. Santa Monica Pier. An eligible business on the Santa Monica Pier shall be subject to the requirements of this Section, except such business shall be exempt from the following requirements:
a. Location;
b. Hours of operation;
c. Conversion of parking spaces.
D. Procedure. An outdoor space permit shall be subject to a Zoning Conformance Review, pursuant to the procedures of Chapter 9.38, Zoning Conformance Review and Permit, or subject to application review using a form designated by the Director to ensure consistency with all of the standards of this Section unless such review has been conducted in conjunction with discretionary review of the associated commercial use. Any improvements associated with the outdoor space shall be subject to Building and Safety and the Fire Department review and shall be subject to administrative Architectural Design Review in accordance with Santa Monica Municipal Code Chapter 9.55.
E. Permitted Uses. The outdoor space shall be conducted as an accessory use to a legally established commercial use permitted or conditionally permitted within a nonresidential district or the Oceanfront District. Except for those uses specifically prohibited under this Section, permitted uses within the outdoor space shall be regulated by the underlying zoning district.
F. Expansion of Legal Nonconforming Uses. Notwithstanding anything to the contrary in Section 9.27.050, Legal Nonconforming Uses, any proposed outdoor space by an eligible business considered a legal nonconforming use shall not be considered an expansion in area and may be authorized in accordance with this Section.
G. Prohibited Uses. The following uses are prohibited and not considered eligible businesses:
1. Automobile/vehicle sales and service, minor or major;
2. Animal care, sales, and services;
3. Liquor stores.
H. Accessory Use. Outdoor space shall be conducted as an accessory use to an eligible business that is located on the same parcel or a contiguous adjacent parcel.
I. Service and Sale of Alcoholic Beverages. Alcoholic beverages may be sold and served in outdoor spaces by restaurants that: (1) have obtained and are operating under a license to sell alcoholic beverages from Alcoholic Beverage Control (ABC); and (2) have obtained and are operating under a Conditional Use Permit or Alcohol Exemption issued by the City, or are operating as an existing alcohol outlet without a Conditional Use Permit pursuant to Section 9.31.040 of the Santa Monica Municipal Code. Sales shall be conducted in accordance with all requirements and conditions set forth in such licenses and permits, including those required by the ABC.
Permitted outdoor spaces used by restaurants are for sit-down food and beverage service only; no stand-up service is permitted.
J. Hours of Operation. Hours of operation of the permitted space shall not exceed the hours of operation of the associated eligible business, subject to limitations on alcohol sales set forth in all applicable permits, licenses, and regulations. If no applicable permit, license or regulation states hours for operation of the outdoor space, the following times shall apply:
1. All eating and drinking establishments: hours of operation shall be limited to 8:00 a.m. to 11:00 p.m.
2. Personal services, physical training: hours of operation shall be limited to 7:00 a.m. to 7:00 p.m.
K. Exemptions: Floor Area, Floor Area Ratio (FAR), and Parking Requirements. Outdoor space shall be excluded from the following:
1. Floor area and floor area ratio (FAR) calculations.
2. Minimum parking requirements.
L. Size. Outdoor spaces shall have no size limit for each eligible business provided that the outdoor space complies with Building Code, Fire Code, and objective transportation standards established by the Mobility Division.
M. Location. Outdoor spaces shall be located on the same parcel or on a contiguous adjacent parcel under common ownership, and limited to the following locations:
1. Surface parking lots and common open areas on the subject property, including, but not limited to, courtyards and roof areas.
2. If located on a parcel adjacent to a residential use, the outdoor space shall be set back a minimum of 15 feet from the property line abutting the adjacent residential use.
3. Outdoor spaces may be located on existing surface parking lots supporting on-site commercial uses with residential zoning, provided: (a) the surface parking lot serves the subject commercial property under common ownership; and (b) the proposed outdoor space is ancillary to an eligible business.
4. A single contiguous outdoor space is allowed for each eligible business when located within a parking lot.
N. Conversion of Existing Parking Areas. Any permitted outdoor space by conversion of existing parking spaces or areas shall comply with the requirements or conditions set forth in the administrative regulations issued under this Section, including the following:
1. No required accessible parking spaces (ADA parking spaces) or related access aisle or path of travel shall be converted or removed. Vehicular access to all required ADA parking spaces shall be maintained.
2. Except as provided in subsection (N)(1), there shall be no limit to the number of existing parking spaces that can be converted pursuant to this Section provided that the outdoor space complies with Building Code, Fire Code, and objective transportation standards established by the City's Mobility Division.
O. Design Standards. The design of any outdoor space improvements, including, but not limited to, barriers, railings, shade structures, furnishings, lighting fixtures, and signage shall comply with the requirements or conditions set forth in the administrative regulations issued under this Section.
P. Accessibility. Outdoor space shall comply with accessibility requirements or conditions set forth in the administrative regulations issued under this Section.
Q. Structures and Decks. Construction of any structures or decks shall comply with requirements or conditions set forth in the administrative regulations issued under this Section.
R. Temporary Tents and Canopies. Temporary tents, canopies, or similar enclosures shall not be utilized as permanent shelter in conjunction with outdoor spaces. Temporary use of tents or canopies may be permitted subject to required permits issued by the Fire Department only on a temporary seasonal basis and shall comply with the requirements or conditions set forth in the administrative regulations issued under this Section.
S. Propane and Electric Heaters. Propane or electric heaters may be permitted in support of outdoor spaces, subject to Fire Department permit requirements as set forth in the administrative regulations issued under this Section.
T. Signage. Notwithstanding anything to the contrary in Chapter 9.61 of the Santa Monica Municipal Code, an eligible business may place a single nonpermanent, non-electric sign no taller than 42 inches and no larger than 10 square feet in size on any outside barrier of the outdoor space. The sign can only contain the eligible business name and a menu. Outdoor spaces may not contain any advertising, marketing, or promotional signage or materials.
U. Noise. All forms of speaker amplification, televisions or similar screen projectors are prohibited. Outdoor space operations shall comply with Chapter 4.12, Noise.
V. Administrative Regulations.
1. The Director may adopt administrative regulations to implement the provisions of this Section, including, but not limited to, design and accessibility specification standards for outdoor spaces, application procedures, and other permit conditions and requirements.
2. A permittee shall comply with any other permit requirements or conditions set forth in the administrative regulations issued under this Section.
W. Outdoor Space Permit Renewals. An eligible business issued a Temporary Use of Private Outdoor Space Permit by the City pursuant to emergency orders (Eighteenth Supplemental Order) and subsequent Emergency Interim Zoning Ordinances between May 29, 2020 and the adoption of this Section 9.31.199 shall be required to renew their existing permit prior to March 31, 2024 in accordance with Section 9.31.199(D) to retain their permitted outdoor space. Any applications subsequent to this date shall be subject to all requirements of this Section.
Section 9.31.199.5 Outdoor Commercial Uses Exclusively 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 Sectoin
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.
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 ensure that events do not adversely impact vehicular traffic, safety, public right-ofway, 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 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.
Section 9.31.200. Outdoor Dining and Seating on Sidewalks.
Outdoor dining and seating on sidewalks shall be designed, located, and operated consistent with the following standards:
A. Purpose. The purpose of this Section is to permit outdoor dining and seating that enhances the pedestrian ambiance of the City while not adversely impacting adjacent properties or surrounding neighborhoods consistent with the goals, objectives, and policies of the General Plan.
B. Applicability. The provisions of this Section shall apply to all new outdoor dining and seating areas on public rights-of-way, such as sidewalks, and to all existing outdoor dining and seating areas that are expanded.
C. Procedure. The establishment of an outdoor dining and seating area requires Zoning Conformance Review, pursuant to the procedures of Chapter 9.38, Zoning Conformance Review, to ensure consistency with all of the standards of this Section unless such review has been conducted in conjunction with discretionary review of the associated commercial use and issuance of a Sidewalk Dining Permit.
D. Accessory Use. Permanent outdoor dining and seating shall be conducted as an accessory use to a legally established eating and drinking establishment located on the public right-of-way immediately adjacent to the tenant space.
E. License Agreement. A license agreement for outdoor dining and seating on the public right-of-way shall be approved in a form required by the City.
F. Compliance with Design Guidelines. Outdoor dining and seating shall comply with all applicable adopted design standards and guidelines, including, but not limited to:
1. The Citywide Sidewalk Dining Guidelines;
2. The Sidewalk Dining Standards for the Third Street Promenade; and
3. The Sidewalk Dining Standards for Ocean Avenue.
The Planning Director or designee may promulgate guidelines, which may include, but are not limited to, eligible uses and sites, outdoor dining configuration, design standards, and operational standards to implement the provisions of this Chapter. No person shall fail to comply with any such regulation.
G. Refuse Storage Area. No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on, adjacent to, or separate from, the sidewalk café on the public sidewalk or public right-of-way. Sidewalk dining and seating areas shall remain clear of litter at all times.
H. Hours of Operation. The hours of operation of the outdoor dining and seating shall be limited to the hours of operation of the associated restaurant, other eating and drinking establishment, or commercial use.
I. Parking. Parking shall not be required for outdoor dining and seating on sidewalks permitted pursuant to this Section.
Section 9.31.230 Personal Services
The following Personal Services shall be located, developed, and operated in compliance with the following standards:
A. Massage Establishments. Massage establishments, including massage establishments conducted as Accessory Uses, are subject to the requirements listed above, Municipal Code Chapter 6.104, Massage Regulations, and the following standards.
1. Permits Required. A Massage Service Permit pursuant to Chapter 6.104 of the Municipal Code is required.
2. Accessory Uses. A massage establishment which functions as an accessory use shall also comply with all requirements for the primary use.
3. Hours of Operation. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. unless otherwise specified.
B. Tattoo or Body Modification Parlor.
1. Purpose and Intent. It is the purpose and intent of this Section to regulate the operation of facilities that perform tattooing and body modification to provide for the health, safety and welfare of the public and ensure compliance with California Health and Safety Code Section 119300 et seq.
2. Registration Required. Any person who is engaged in the business of tattooing or body modification shall provide evidence of registration with the Los Angeles County Department of Health and City code.
3. No Persons Under 18. A sign shall be posted on the door or in view of the entrance stating that no person under the age of 18 is allowed on site, unless accompanied by their parent or legal guardian.
4. Hours of Operation. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. unless otherwise specified.
Section 9.31.280. Restaurants, Limited-Service and Take-Out Only.
The purpose of this Section is to ensure that Limited-Service and Take-Out Restaurants do not result in adverse impacts on adjacent properties and residents or on surrounding neighborhoods by reason of customer and employee parking demand, traffic generation, noise, light, litter, or cumulative impact of such demands in one area. Limited-Service and Take-Out Restaurants shall be located, developed, and operated consistent with the following standards.
A. Applicability. The provisions of this Section shall apply to all new LimitedService and Take-Out Only Restaurants, to any existing such restaurant that is expanded by more than 10 percent of the gross floor area or increase of more than 25 percent of the number of seats.
B. Hours of Operation. When located on a site adjacent to or separated by an alley from any residential district, a Limited-Service or Take-Out Only Restaurant shall not open to the public prior to 6:00 a.m. nor shall it remain open after 12:00 a.m. unless an MUP is obtained. Restaurants in any Downtown District whose entire operation, including parking, is conducted within an enclosed building may be operated 24 hours per day, seven days per week unless the restaurant is located on a site adjacent to a residential district, in which case the restaurant shall not open to the public prior to 6:00 a.m. nor shall it remain open after 12:00 a.m. unless an MUP is obtained.
C. Litter. Employees shall collect on-site and off-site litter including food wrappers, containers, and packaging from restaurant products generated by customers within a radius of 300 hundred feet of the property at least once per business day. On-site trash and recycling containers shall be maintained and kept from overflowing.
D. Trash Receptacles. In addition to meeting the standards of Section 9.21.130, Resource Recovery and Recycling Standards, one on-site outdoor trash and one recycling receptacle shall be provided for each entrance to the establishment.
E. Equipment. No noise-generating compressors or other such equipment shall be placed on or near the property line adjoining any Residential District or any property used for residential uses.
Section 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 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.
6. 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 4.12.140 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, and such entertainment use shall be prohibited unless a separate Conditional Use Permit has been obtained.
Section 9.31.340. Reserved.
Section 9.31.370. Temporary Uses and Seasonal Sales.
A. 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:
1. 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;
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 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 right-of-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 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;
b. Fairs, festivals, and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities;
c. Off-site contractors' construction yards;
d. 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; e. 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 to Chapter 9.41, Minor Use Permits and Conditional Use Permits.
Section 9.51.030. Nonresidential Use Classifications.
A. Public and Semi-Public Use Classifications.
1. Adult Day Care. Establishments providing non-medical care for persons 18 years of age or older on a less than 24-hour basis licensed by the State of California.
2. Cemetery. Establishments primarily engaged in operating sites or structures reserved for the interment of human or animal remains, including mausoleums, burial places, and memorial gardens.
3. Child Care and Early Education Facility. Establishments providing non-medical care for persons less than 18 years of age on a less than 24-hour basis other than family day care (small and large). This classification includes commercial and nonprofit nursery schools, preschools, day care facilities for children, and any other day care facility licensed by the State of California. See Division 3, Section
9.31.120, Child Care and Early Education Facilities, for further details.
4. College and Trade School. Institutions of higher education providing curricula of a general, religious or professional nature, typically granting recognized degrees, including conference centers and academic retreats associated with such institutions. This classification includes junior colleges, business and computer schools, management training, technical and trade schools, but excludes personal instructional services such as music lessons.
5. Community Assembly. A facility for public or private meetings including community centers, banquet centers, religious assembly facilities, civic auditoriums, union halls, meeting halls for clubs and other membership organizations.
This classification includes functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, and storage. It does not include gymnasiums or other sports facilities, convention centers, or facilities, such as day care centers and schools that are separately classified and regulated. See Division 3, Section 9.31.100, Community Assembly, for further details.
6. Community Garden. An area of land managed and maintained by a public or nonprofit organization or a group of individuals to grow and harvest food crops and/or ornamental crops, such as flowers, for personal or group use, consumption, or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members.
Community gardens may be accessory to public or institutional uses such as parks, schools, community centers, or religious assembly uses. This classification does not include gardens that are on a property in residential use when access is limited to those who reside on the property. Community gardens do not include medical marijuana collectives.
7. Cultural Facility. Facilities engaged in activities to serve and promote aesthetic and educational interest in the community that are open to the public on a regular basis. This classification includes performing arts centers for theater, music, dance, and events; spaces for display or preservation of objects of interest in the arts or sciences; libraries; museums; historical sites; aquariums; art galleries; and zoos and botanical gardens. It does not include schools or institutions of higher education providing curricula of a general nature.
8. Hospitals and Clinics. State-licensed public, private, and nonprofit facilities providing medical, surgical, mental health, or emergency medical services.
This classification includes facilities for inpatient or outpatient treatment, including substance-abuse programs, as well as training, research, and administrative services for patients and employees. This classification excludes veterinary services and animal hospitals (see Animal Care, Sales, and Services). a. Hospital. A facility providing medical, surgical, mental health, or services primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors. b. Clinic. A facility providing medical, mental health, or surgical services exclusively on an out-patient basis, including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment.
This classification includes licensed facilities offering substance abuse treatment, blood banks, plasma, dialysis centers, and emergency medical services offered exclusively on an out-patient basis. This classification does not include private medical and dental offices that typically require appointments and are usually smaller scale (see Offices, Medical and Dental). c. Community Clinic. As defined in Section 1204 of the Health and Safety Code, a clinic operated by a tax-exempt nonprofit corporation that is supported and maintained in whole or in part by donations, bequests, gifts, grants, government funds or contributions, that may be in the form of money, goods, or services.
9. Park and Recreation Facility. Parks, playgrounds, recreation facilities, trails, wildlife preserves, and related open spaces, which are open to the general public. This classification also includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, golf courses, and botanical gardens, as well as related food concessions or community centers within the facilities and restrooms within a primary structure or in an accessory structure on the same site.
10. Public Safety Facility. Facilities providing public-safety and emergency services, including police and fire protection and emergency medical services, with incidental storage, training and maintenance facilities.
11. School. Facilities for primary or secondary education, including public schools, charter schools, and private and parochial schools.
12. Social Service Center. Facilities providing a variety of supportive services for disabled and homeless individuals and other targeted groups on a less than 24-hour basis. Examples of services provided are counseling, meal programs, personal storage lockers, showers, instructional programs, television rooms, and meeting spaces. This classification is distinguished from licensed day care centers (see Adult Day Care and Child Care and Early Education Facility), clinics (see Clinic), and emergency shelters providing 24-hour or overnight care (see Emergency Shelter).
B. Commercial Use Classifications.
1. Adult-Oriented Business. See Sexually-Oriented Businesses.
2. Animal Care, Sales and Services. Retail sales and services related to the boarding, grooming, and care of household pets, including:
a. Grooming and Pet Store. Retail sales of animals and/or services, including grooming, for animals on a commercial basis. Typical uses include dog bathing and clipping salons, pet grooming shops, and pet stores and shops. This classification excludes dog walking and similar pet care services not carried out at a fixed location, and excludes pet supply stores that do not sell animals or provide on-site animal services (see General Retail Sales). b. Kennel. A commercial, nonprofit, or governmental facility for keeping, boarding, training, breeding or maintaining 4 or more dogs, cats, or other household pets not owned by the kennel owner or operator on a 24-hour basis. This classification includes animal shelters and animal hospitals that provide boarding-only services for animals not receiving services on the site but excludes the provision by shops and hospitals of 24-hour accommodation of animals receiving medical services on site. This classification also includes kennels that, in addition to 24-hour accommodation, provide pet care for periods of less than 24 hours but it does not include facilities that provide pet day care exclusively or predominantly.
c. Pet Day Care Service. A commercial, nonprofit, or governmental facility for keeping 4 or more dogs, cats, or other household pets not owned by the kennel owner or operator primarily for periods of less than 24 hours. d. Veterinary Service. Veterinary services for domesticated animals. This classification allows 24-hour accommodation of animals receiving medical services but does not include kennels.
3. Automobile/Vehicle Sales and Services. Retail or wholesale businesses that sell, rent, and/or repair automobiles, boats, recreational vehicles, trucks, vans, trailers, and motorcycles, including the following:
a. Alternative Fuels and Recharging Facility. A facility offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g., LPG) as well as equipment to recharge electric-powered vehicles. This classification does not include facilities within public garages or other stations that are accessory to a permitted use.
b. Automobile Rental. Rental of automobiles. Typical uses include car rental agencies. See Division 3, Section 9.31.050, Automobile Rental, for further details.
c. Automobile Storage Parcel. Any property used for short- or longterm parking of vehicles for sale or lease at an automobile dealership or rental agency on a separate parcel from such agency or dealership. d. Automobile/Vehicle Sales and Leasing. Sale or lease, retail or wholesale, of new or used automobiles, light trucks, motorcycles, motor homes, and trailers, together with associated repair services and parts sales for vehicles sold or leased by the manufacturer associated with the dealership. (For auto repair, see Automobile/Vehicle Service and Repair, Major and Minor.) This classification includes on-site facilities for maintaining an inventory of vehicles for sale or lease but excludes buildings and property on a separate site that are used for storing vehicles (see Automobile Storage Parcel). Typical uses include automobile dealers and recreational vehicle sales agencies. This classification also includes minor on-site preparation, washing, buffing, waxing, and detailing of vehicles for sale or vehicles repaired at the facility. Any outdoor preparation, washing, buffing, waxing, and detailing of vehicles shall comply with the standards of Section 9.31.080(C), (D), (M), (N), (P), and (Q). This classification does not include automobile brokerage and other establishments that solely provide services of arranging, negotiating, assisting, or effectuating the purchase of automobiles for others.
See Division 3, Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage, for further details.
e. Automobile/Vehicle Repair, Major. Repair of automobiles, trucks, motorcycles, motor homes, boats and recreational vehicles, including the incidental sale, installation, and servicing of related equipment and parts.
This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, auto glass services, vehicle painting, tire sales and installation, and installation of car alarms, sound, telecommunications, and navigation systems, but excludes vehicle dismantling or salvaging and tire retreading or recapping. See Division 3, Section 9.31.060, Automobile/Vehicle Repair, Major and Minor, for further details.
f. Automobile/Vehicle Service and Repair, Minor. The service and repair of automobiles, light-duty trucks, boats, and motorcycles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as an accessory use to a gasoline sales station or automotive accessories and supply store, as well as smog check quick-service oil, tune-up and brake and muffler shops where repairs are made or service provided in enclosed bays and no vehicles are stored overnight. This classification excludes disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles; automotive body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors or hazardous materials, and towing services. It also excludes repair of heavy trucks, limousines or construction vehicles. See Division 3, Section
9.31.060, Automobile/Vehicle Repair, Major and Minor, for further details. g. Automobile/Vehicle Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles, that are the principal use of a building, structure, or site, including self-serve washing facilities. See Division 3, Section 9.31.080, Automobile/Vehicle Washing, for further details. h. Large Vehicle and Equipment Sales, Service, and Rental. Sales, servicing, rental, fueling, and washing of large trucks, trailers, tractors, and other equipment used for construction, moving, agricultural, or landscape gardening activities. Includes large vehicle operation training facilities. i. Service Station. Establishments primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing minor automobile/vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or providing accessory food and retail services. See Division 3, Section 9.31.320, Service Stations, for further details.
j. Towing and Impound. Establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as vehicle storage and emergency road repair services (for automobile dismantling, see Salvage and Wrecking). This classification includes parcels used for storage of impounded vehicles.
4. Banks and Financial Institutions.
a. Bank and Credit Union. Financial institutions providing retail banking services. This classification includes only those institutions engaged in the on-site circulation of money, including credit unions, but excluding check-cashing businesses. For administration, headquarters, or other offices of banks and credit unions without retail banking services/on-site circulation of money (see Offices, Business and Professional).
b. Check Cashing Business. Establishments that, for
compensation, engage in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification also includes the business of deferred deposits, whereby the check casher refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code 1789.33. Check Cashing Businesses do not include State or Federally chartered banks, savings associations, credit unions, or industrial loan companies. They also do not include retail sellers engaged primarily in the business of selling consumer goods, such as consumables to retail buyers that cash checks or issue money orders incidental to their main purpose or business.
5. Bar. See Eating and Drinking Establishments.
6. Business Service. Establishments providing goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, mailbox services, equipment rental and leasing, office security, custodial services, film processing, model building, and delivery services with 2 or fewer fleet vehicles on-site. (For 3 or more fleet vehicles, see Light Fleet-Based Services.)
7. Commercial Entertainment and Recreation. Provision of participant or spectator entertainment. This classification may include restaurants, snack bars, and other incidental food and beverage services to patrons. a. Cinema. Facilities for indoor display of films and motion pictures. b. Theater. Facilities designed and used for entertainment, including plays, comedy, and music, which typically contain a stage upon which movable scenery and theatrical appliances or musical instruments and equipment are used.
c. Convention and Conference Centers. Facilities designed and used for conventions, conferences, seminars, trade shows, product displays, and other events in which groups gather to promote and share common interests. Convention centers typically have at least one auditorium and may also contain concert halls, lecture halls, meeting rooms, and conference rooms, as well as accessory uses such as facilities for food preparation and serving and administrative offices. For conference facilities accessory to hotels, see Hotel and Motel.
d. Large-Scale Facility. This classification includes large outdoor facilities such as amusement and theme parks, sports stadiums and arenas, racetracks, amphitheaters, drive-in theaters, driving ranges, and golf courses.
It also includes indoor facilities with 5,000 square feet or more in building area such as handball, racquetball, or large tennis club facilities; ice or roller skating rinks; swimming or wave pools; miniature golf courses; bowling alleys; archery or indoor shooting ranges; and riding stables.
e. Small-Scale Facility. This classification includes small, generally indoor facilities that occupy less than 5,000 square feet of building area, such as billiard parlors, card rooms, game arcades, dance halls, small tennis club facilities, poolrooms, and amusement arcades.
f. Fortunetelling. An establishment where a person or persons provide fortunetelling services and demand or receive, directly or indirectly, a fee or reward, or accept any donation for the exercise or exhibition of fortunetelling services, or give an exhibition of fortunetelling services at any place where a fee, donation or reward is charged or received, directly or indirectly as a condition of entry. Fortunetelling services shall include, but not be limited to, the telling of fortunes, forecasting of futures, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, psychic reading, occult reading, clairvoyance, clairaudience, cartomancy, psychometry, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, tarot card readings, tea leaves, telepathy or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic of any kind or nature.
8. Drinking Establishments. Businesses primarily engaged in selling and serving alcoholic beverages for consumption on or off the premises. a. Bar. Businesses that are licensed by the State to serve alcoholic beverages, including beer, wine and mixed drinks for consumption on the premises from a liquor service facility that is physically separate from the dining area and may be operated during hours when food is not served. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details. b. Taproom: Establishments serving beer, wine, or other fermented or malt beverages, excluding the sale of spirits, for predominately on-site consumption. No alcohol manufacturing is permitted on the premises.
9. Eating Establishments. Businesses primarily engaged in selling and serving food and/or non-alcoholic beverages for consumption on or off the premises. a. Brewpub. Establishments providing food and beverages to be consumed on the premises, taken out, or delivered and is licensed by the State of California to manufacture and sell alcoholic beverages for on or off-site consumption. Alcohol manufacturing must be on-site and accessory to eating establishment primary use.
b. Restaurant, Full-Service. Restaurants providing food and beverage services to patrons who order and are served while seated and pay after eating. Takeout service may also be provided. See Division 3, Section
9.31.040, Alcoholic Beverage Sales, where applicable, for further details. c. Restaurant, Limited-Service and Take-Out. Establishments where food and beverages may be consumed on the premises, taken out, or delivered. This classification includes cafes, cafeterias, coffee shops, delicatessens, fast-food restaurants, sandwich shops, limited-service pizza parlors, self-service restaurants, ice cream and frozen yogurt shops, and snack bars with indoor or outdoor seating for customers. This classification includes bakeries that have tables for on-site consumption of products. It excludes catering services that do not sell food or beverages for on-site consumption (see Commercial Kitchen). See Division 3, Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.280, Restaurants, Limited Service and Take Out Only, where applicable, for further details.
d. Food Hall. Establishments consisting of 3 or more individually licensed businesses within an enclosed building where food and beverages may be consumed on the premises, taken out, or delivered, and may also include small retail venues. Patrons may be served while seated and pay after eating, or orders may be made at a walk-up window, counter, machine, or remotely, and payment made prior to food consumption. Characteristics of food halls include but are not limited to: shared entrance/lobby areas, compartmentalized spaces for individually licensed businesses, shared eating areas, shared restrooms, and shared "back of house" areas (e.g., storage, dishwashing, food preparation). Each compartmentalized space may have access to the exterior of the building, along with outdoor dining and seating areas, which may be shared with other businesses within the establishment. e. With Drive-Through Facility. Establishments providing food and beverage services to patrons remaining in automobiles. Includes drive-up service.
f. With Outdoor Dining and Seating Area. Provision of outdoor dining facilities on the same property or in the adjacent public right-of-way.
See Division 3, Section 9.31.200, Outdoor Dining and Seating, for further details.
10. Equipment Rental. Establishments whose primary activity is the rental of equipment, such as medical and party equipment, to individuals and business, and whose activities may include storage and delivery of items to customers.
11. Food and Beverage Sales. Retail sales of food and beverages for offsite preparation and consumption. Typical uses include food markets, groceries, and liquor stores.
a. Convenience Market. Retail establishments that sell a limited line of groceries, prepackaged food items, tobacco, magazines, and other household goods, primarily for off-premises consumption. These establishments typically have long or late hours of operation and occupy a relatively small building. This classification includes small retail stores located on the same parcel as or operated in conjunction with a Service Station but does not include delicatessens or specialty food shops. It excludes establishments that offer a sizeable assortment of fresh fruits and vegetables or fresh-cut meat (see General Market). See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details.
b. Farmers Market. A location where the primary activity is the sale of agricultural products by producers and certified producers. Sales of ancillary products may occur at the location. An open air farmers market may only be operated by a local government agency.
c. General Market. Retail food markets of food and grocery items primarily for off-site preparation and consumption. Typical uses include supermarkets and specialty food stores such as retail bakeries; candy, nuts and confectionary stores; meat or produce markets; vitamin and health food stores; cheese stores; and delicatessens. This classification may include small-scale specialty food production with retail sales such as pasta shops.
See Division 3, Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.140, General Markets in Residential Districts, where applicable, for further details. d. Liquor Store. Establishments primarily engaged in selling packaged alcoholic beverages for off-site consumption. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details.
12. Funeral Parlor and Mortuary. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human remains and conducting memorial services. Typical uses include a crematory, columbarium, mausoleum, or mortuary.
13. Home Occupation. A use that is incidental and secondary to the primary residential use of a dwelling and compatible with surrounding residential uses. These uses include business, professional, and creative offices, food production, limited personal services, and urban agriculture. See Division 3, Section
9.31.160, Home Occupation for further details.
14. Instructional Services. Establishments that offer specialized programs in personal growth and development, typically in a classroom setting.
Typical uses include classes or instruction in music, health, athletics, art, or academics. Instructional Services may include rehearsal studios as an accessory use. This use type excludes Colleges and Trade Schools and facilities that offer instructional services (see General Personal Services). This use type also excludes gyms, exercise clubs, or studios offering performing arts, martial arts, physical exercise, or yoga training and similar types of instruction. See Personal ServicesPhysical Training.
15. Live-Work. A unit that combines a work space and incidental residential space occupied and used by a single household in a structure that has been constructed for such use or converted from commercial or industrial use and structurally modified to accommodate residential occupancy and work activity in compliance with the Building Code. The working space is reserved for and regularly used by 1 or more occupants of the unit. See Division 3, Section 9.31.170, Live-Work Units, for further details.
16. Lodging. An establishment providing overnight accommodations to transient patrons who maintain a permanent place of residence elsewhere for payment for periods of 30 consecutive calendar days or less. a. Bed and Breakfast. A residential structure that is in residential use in which the property owner or manager lives on site and within which up to 4 bedrooms are rented for overnight lodging and where meals may be provided. See Division 3, Section 9.31.090, Bed and Breakfasts, for further details.
b. Hotel and Motel. An establishment providing temporary lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. This use classification includes motor lodges, motels, apartment hotels, hostels and tourist courts, but does not include rooming houses, boarding houses, or private residential clubs, single-room occupancy housing, or bed and breakfast establishments within a single-unit residence.
c. Vacation Rental. A property with a dwelling unit or guest house intended for permanent occupancy that is available for rent or hire for any person other than the primary owner for transient use for 30 days or less or is otherwise occupied or utilized on a transient basis for 30 days or less. Vacation rental does not include a Bed and Breakfast as defined above.
17. Maintenance and Repair Service. Establishments engaged in the maintenance or repair of office machines, household appliances, furniture, and similar items. This classification excludes maintenance and repair of motor vehicles or boats (see Automotive/Vehicle Sales and Services) and personal apparel (see Personal Services).
18. Mobile Food Truck Off-Street Venue. A location where the commercial vending of food occurs from parked vehicles.
19. Night Club: Businesses that are licensed by the State to serve alcoholic beverages, including beer, wine and mixed drinks for consumption on the premises. Night clubs primarily provide dancing and/or entertainment and may typically provide liquor bottle service, entry security, queuing of patrons, and cover charge. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details.
20. Nursery and Garden Center. Establishments primarily engaged in retailing nursery and garden products—such as trees, shrubs, plants, seeds, bulbs, and sod—that are predominantly grown elsewhere. These establishments may sell a limited amount of a product they grow themselves. Fertilizer and soil products are stored and sold in packaged form only.
21. Offices. Offices of firms, organizations (for-profit and nonprofit), and public agencies providing professional, executive, management, administrative or design services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, investment, insurance, and legal offices, excluding banks and savings and loan associations with retail banking services (see Banks and Financial Institutions). This classification also includes offices where medical and dental services are provided by physicians, dentists, chiropractors, acupuncturists, optometrists, and similar medical professionals, including medical/dental laboratories within medical office buildings but excluding clinics or independent research laboratory facilities (see Research and Development) and hospitals (see Hospital and Clinic).
a. Business and Professional. Offices of firms, organizations, or agencies providing professional, executive, management, administrative, financial, accounting, or legal services, but excluding those that primarily provide direct services to patrons that visit the office (see Offices, Walk-In Clientele).
b. Creative. Offices, production spaces, and work spaces of establishments that are in the business of the development, publishing, production, or distribution of creative property, including, but not limited to, advertising, architectural services, broadcasting, communications, computer software design, media content, entertainment, engineering, fashion design, film distribution, graphic design, interior design, internet content, landscape design, photography, and similar uses.
c. Medical and Dental. Offices providing consultation, diagnosis, therapeutic, preventive, or corrective personal treatment services by doctors and dentists; medical and dental laboratories that see patients; and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. Incidental medical and/or dental research within the office is considered part of the office use if it supports the on-site patient services.
d. Walk-In Clientele. Offices predominantly providing direct services to patrons or clients and do not require appointments. This use classification includes employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, and offices for elected officials. It does not include banks or check-cashing facilities, which are separately classified and regulated (see Banks and Financial Institutions).
22. Parking, Public or Private. Structures and surface lots offering parking for a fee when such use is not incidental to another on-site activity.
23. Personal Service.
a. General Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber shops and beauty salons, seamstresses, tailors, dry cleaning agents (excluding largescale bulk cleaning plants), shoe repair shops, self-service laundries, video rental stores, photocopying and photo finishing services, and travel agencies mainly intended for the consumer. This classification also includes massage establishments that are in full compliance with the applicable provisions of Chapter 6.104, Massage Regulations, of the Santa Monica Municipal Code, and in which all persons engaged in the practice of massage are certified pursuant to the California Business and Professions Code Section 4612. This classification does not include gyms, exercise clubs, or studios offering performing arts, martial arts, physical exercise, or yoga training and similar types of instruction. See Division 3, Section 9.31.230, Personal Service, for further details.
b. Personal Services, Physical Training. Gyms, exercise clubs, or studios offering martial arts, physical exercise, yoga training and similar types of instruction to classes and groups. This classification also includes exclusively youth-serving studios of less than 3,000 square feet offering performing arts, dance, martial arts, physical exercise, and similar types of instruction to classes and groups of more than 5 persons. c. Tattoo or Body Modification Parlor. An establishment whose principal business activity is 1 or more of the following: (i) using ink or other substances that result in the permanent coloration of the skin through the use of needles or other instruments designed to contact or puncture the skin; or (ii) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. See Division 3, Section 9.31.230, Personal Service, for further details.
24. Retail Sales.
a. Building Materials and Services. Retail sales or rental of building supplies or equipment. This classification includes lumberyards, tool and equipment sales or rental establishments, and includes establishments devoted principally to taxable retail sales to individuals for their own use. This definition does not include Construction and Material Yards, hardware stores less than 10,000 square feet or establishments engaged in the business of selling, leasing, or otherwise transferring any firearm or ammunitions. b. Cannabis Retailer. A licensed premises which is a physical location from which retail cannabis or cannabis products are intended to be sold. The premises may be closed to the public; sales may be made exclusively by delivery. Subject to the provisions of SMMC Section 9.31.095, cannabis retailers that are licensed and regulated by Business and Professions Code Section 26000 et seq., and as amended from time to time, shall be permitted to deliver or sell adult-use cannabis or adult-use cannabis products to persons 21 years of age and over or medicinal cannabis or cannabis products to persons 18 years of age and over with a physician's recommendation.
c. General Retail Sales, Small-Scale. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes retail establishments with 25,000 square feet or less of sales area; including department stores, clothing stores, furniture stores, pet supply stores, small hardware and garden supply/nurseries stores (with 10,000 square feet or less of floor area), and businesses retailing goods including, but not limited to, the following: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, video rental, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar small-item repairs. See Division 3, Sections 9.31.210, Outdoor Newsstands, and 9.31.220, Outdoor Retail Display and Sales, where applicable, for further details. d. General Retail Sales, Medium-Scale. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes retail establishments with more than 25,000 square feet but not more than 80,000 square feet of sales area.
e. General Retail Sales, Large-Scale. Retail establishments with over 80,000 square feet of sales area that sell merchandise and bulk goods for individual consumption, including membership warehouse clubs, where sales of grocery items do not occupy more than 25% of the floor area. f. Pawn Shop. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property.
g. Swap Meet. Any indoor or outdoor place, in an approved location, or for an approved activity where new or used goods or secondhand personal property is offered for sale or exchange to the general public by a multitude of individual licensed vendors, usually in compartmentalized spaces.
The term swap meet is interchangeable with and applicable to: flea markets, auctions, open air markets, outdoor sales activities, or other similarly named or labeled activities; but does not include supermarket or department store retail operations. See Division 3, Sections 9.31.360, Swap Meets, and
9.31.220, Outdoor Retail Display and Sales, for further details.
25. Restaurants. See Eating and Drinking Establishments.
26. Sexually-Oriented Business. See Chapter 9.59, Sexually-Oriented Businesses, for details.
C. Industrial Use Classifications.
1. Alcoholic Beverage Manufacturing: Manufacturing of alcoholic beverages, including but not limited to beer, wine, and spirits, for off-site sale or distribution. May include an accessory bar/tasting room for the consumption of alcoholic beverages on site.
2. Artist's Studio. Work space for an artist or artisan, including individuals practicing one of the fine arts or performing arts, or an applied art or craft. This use may include incidental display and retail sales of items produced on the premises and instructional space for small groups of students. It does not include joint living and working units (see Live-Work).
a. Studio-Light. Small-scale art production that is generally of a low impact. Typical uses include painting, photography, jewelry, glass, textile, and pottery studios.
b. Studio-Heavy. Art production on a medium or large scale generally using heavy equipment. Typical uses include large-scale metal and woodworking studios.
3. Commercial Kitchen. Kitchens used for the preparation of food to be delivered and consumed off-site. Typical uses include catering facilities. This classification does not include businesses involved in the processing or manufacturing of wholesale food products (see Industry, Limited).
4. Construction and Material Yard. Storage of construction materials or equipment on a site other than a construction site.
5. Industry, General. Manufacturing of products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. This classification includes operations such as agriculture processing; biomass energy conversion; production apparel manufacturing; photographic processing plants; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; primary metal manufacturing; fabricated metal product manufacturing; and automotive and heavy equipment manufacturing.
6. Industry, Limited. Establishments engaged in light industrial activities taking place primarily within enclosed buildings and producing minimal impacts on nearby properties. This classification includes the manufacturing of finished parts or products primarily from previously prepared materials; commercial laundries and dry cleaning plants; monument works; printing, engraving, and publishing; sign painting shops; machine and electrical shops; computer and electronic product manufacturing; furniture and related product manufacturing; and industrial services.
It also includes the preparation, manufacturing, and/or packaging of food, medicinal cannabis, and medicinal cannabis products for off-site use or consumption using nonvolatile solvents, or no solvents. Typical food manufacturing uses include canners, roasters, wholesale bakeries, and frozen food manufacturers. This classification does not include the production of alcoholic beverages, see Alcoholic Beverage Manufacturing.
7. Media Production. Establishments engaged in the production of movies, video, music and similar forms of intellectual property. Typical facilities include movie and recording studios and production facilities, distribution facilities, editing facilities, catering facilities, printing facilities, post-production facilities, set construction facilities, sound studios, special effects facilities and other entertainment-related production operations. This classification does not include facilities for live audiences (see Commercial Entertainment and Recreation) or transmission and receiving equipment for radio or television broadcasting (see Communication Facility).
a. Support Facility. Administrative and technical production support facilities such as offices, editing and sound recording studios, film laboratories, and similar functions that occur entirely within a building. b. Full-Service Facility. Indoor and outdoor production facilities, distribution facilities, post-production facilities, set construction facilities, sound stages, special effects facilities, and other media-related production operations.
8. Recycling Facility. A facility for receiving, temporarily storing, transferring and/or processing materials for recycling, reuse, or final disposal. This use classification does not include waste transfer facilities that operate as materials recovery, recycling, and solid waste transfer operations and are classified as utilities (see Utilities, Major). See Division 3, Section 9.31.260, Recycling Facilities, for further details.
a. Recycling Collection Facility. An incidental use that serves as a neighborhood drop-off point for the temporary storage of recyclable materials but where the processing and sorting of such items is not conducted on site. b. Recycling Processing Facility. A facility that receives, sorts, stores and/or processes recyclable materials.
9. Research and Development. A facility for scientific research and the design, development, and testing of electrical, electronic, magnetic, optical, pharmaceutical, chemical, and biotechnology components and products in advance of product manufacturing. This classification includes assembly of related products from parts produced off site where the manufacturing activity is secondary to the research and development activities.
10. Salvage and Wrecking. Storage and dismantling of vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of goods, including, but not limited to, any used building materials, used containers or steel drums, used tires, and similar or related articles or property.
11. Warehousing, Storage, and Distribution. Storage and distribution facilities without sales to the public on-site or direct public access except for public storage in small individual space exclusively and directly accessible to a specific tenant.
a. Chemical, Mineral, and Explosives Storage. Storage and handling of hazardous materials including, but not limited to: bottled gas, chemicals, minerals and ores, petroleum or petroleum-based fuels, fireworks, and explosives.
b. Indoor Warehousing and Storage. Storage within an enclosed building of commercial goods prior to their distribution to wholesale and retail outlets and the storage of industrial equipment, products and materials. This classification also includes cold storage, draying or freight, moving and storage, and warehouses. It excludes the storage of hazardous chemical, mineral, and explosive materials.
c. Outdoor Storage. Storage of vehicles or commercial goods or materials in open parcels.
d. Personal Storage. Facilities offering enclosed storage with individual access for personal effects and household goods, including miniwarehouses and mini- storage. This use excludes workshops, hobby shops, manufacturing, or commercial activity.
e. Wholesaling and Distribution. Indoor storage and sale of goods to other firms for resale; storage of goods for transfer to retail outlets of the same firm; or storage and sale of materials and supplies used in production or operation, including janitorial and restaurant supplies. Wholesalers are primarily engaged in business-to-business sales, but may sell to individual consumers through mail or internet orders. They normally operate from a warehouse or office having little or no display of merchandise, and are not designed to solicit walk-in traffic. This classification does not include wholesale sale of building materials (see Building Materials and Services).
D. Transportation, Communication, and Utilities Use Classifications.
1. Airports and Heliports. Facilities for the takeoff and landing of airplanes and helicopters, including runways, helipads, aircraft storage buildings, public terminal buildings and parking, air freight terminals, baggage handling facilities, aircraft hangar and public transportation and related facilities, including bus operations, servicing and storage. This classification also includes support activities such as fueling and maintenance, storage, airport operations and air traffic control, incidental retail sales, coffee shops and snack shops, and airport administrative facilities, including airport offices, terminals, operations buildings, communications equipment, buildings and structures, control towers, lights, and other equipment and structures required by the United States Government and/or the State for the safety of aircraft operations.
2. Bus/Rail Passenger Station. Facilities for passenger transportation operations. This classification includes rail and bus stations and terminals but does not include terminals serving airports or heliports. Typical uses include ticket purchasing and waiting areas out of the public right-of-way, restrooms, and accessory uses such as cafes.
3. City Bikeshare Facility. Land and equipment used for the operation or maintenance of a network of publicly-owned and publicly-available bicycles in a bikeshare system in the City of Santa Monica. These facilities may include stations, hubs, parking facilities, payment/customer service kiosks, map stands, and helmet vending.
4. Communication Facilities. Facilities for the provision of broadcasting and other information relay services through the use of electronic and telephonic mechanisms.
a. Antenna and Transmission Tower. Broadcasting and other communication services accomplished through electronic or telephonic mechanisms, as well as structures designed to support one or more reception or transmission systems. Typical uses include radio towers and television towers. Notwithstanding the foregoing, facilities described in Chapter 9.32, including, without limitation, personal wireless service facilities and over-theair reception devices ("OTARDs") shall not be considered antenna and transmission towers for purposes of this use classification and shall only be subject to the applicable provisions and permit requirements in Chapter 9.32, Personal Wireless Service Facilities.
b. Equipment Within Buildings. Indoor facilities containing primarily communication equipment and storage devices such as computer servers.
5. Freight/Truck Terminal and Warehouse. Facilities for freight, courier, and postal services by truck or rail. This classification does not include local messenger and local delivery services (see Light Fleet-Based Service).
6. Light Fleet-Based Service. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of 3 or more vehicles with rated capacities less than 10,000 lbs. This classification includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, nonemergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses. This classification does not include towing operations (see Automobile/Vehicle Sales and Service, Towing and Impound) or taxi or delivery services with 2 or fewer fleet vehicles on site (see Business Services).
7. Utilities, Major. Generating plants, electric substations, and solid waste collection, including transfer stations and materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.
8. Utilities, Minor. Facilities necessary to support established uses involving only minor structures, such as electrical distribution lines, and underground water and sewer lines.
9. Waste Transfer Facility. A facility that operates as a materials recovery, recycling and solid waste transfer operation providing solid waste recycling and transfer services for other local jurisdictions and public agencies that are not located within the City. The facility sorts and removes recyclable materials (including paper, metal, wood, inert materials such as soils and concrete, green waste, glass, aluminum and cardboard) through separation and sorting technologies to divert these materials from the waste stream otherwise destined for landfill.