O2521CA:flattylmunillawslbarry\Chamber Text Amend mentOrd061420162d
City Council Meeting: June 14, 2016 Santa Monica, California
ORDINANCE NUMBER 2- (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE TABLE 9.11.020 GOVERNING
THE MUBL, MUB, GC, AND NC ZONING DISTRICTS TO ONLY APPLY
SPECIFIC LIMITATIONS #17 AND #19 TO COMMERCIAL USES NOT
CURRENTLY SUBJECT TO DISCRETIONARY REVIEW AND TO EXPAND THE
DISCRETIONARY REVIEW REQUIREMENT FOR OFFICE USES, MEDIA
PRODUCTION SUPPORT FACILITIES, MEDICAL OFFICES, AND DENTAL
OFFICES IN SPECIFIC LIMITATION #21
WHEREAS, on September 25, 2015, the Santa Monica Chamber of
Commerce filed the subject text amendment, Text Amendment 15ENT-0315; and
WHEREAS, the Chamber is representing two property owners whose projects
located at 3402 Pico Boulevard and 1530 Santa Monica Boulevard may be impacted
by the current Zoning Ordinance provisions that are the subject of this text
amendment; and
WHEREAS, this text amendment would, in part, modify the applicability of
Specific Limitations #17 and #19 of Santa Monica Municipal Code Table 9.11.020;
and
WHEREAS, Santa Monica Municipal Code Table 9.11.020, Specific
Limitations #17 and #19 apply to all uses and currently require a Conditional Use
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Permit (CUP) for uses that otherwise would be permitted, except due to their size or
extent of ground floor street frontage; and
WHEREAS, more specifically, Specific Limitations #17 and #19 currently
require a CUP for any individual tenant space in the Neighborhood Commercial (NC)
District that is more than 7,500 square feet of floor area and/or exceeds 50 linear feet
of ground floor street frontage and for any individual tenant space in the Mixed -Use
Boulevard Low (MUBL), Mixed -Use Boulevard (MUB), and General Commercial (GC)
Districts that is more than 12,500 square feet of floor area and/or exceeds 75 linear
feet of ground floor street frontage; and
WHEREAS, the primary objective for regulating commercial tenant space size
in this manner was to establish a mechanism to regulate "big box" retail stores by
providing for discretionary review of large commercial uses and to encourage more
neighborhood scale retail uses; and
WHEREAS, these CUP requirements may be cumbersome or unnecessary for
certain types of uses such as general office that are already prohibited on the ground
floor or will be consolidated from existing office tenant spaces on upper stories and
would not result in an intensification of the use or require additional parking; and
WHEREAS, these requirements may similarly unnecessarily impact auto
dealerships since the size and thresholds for discretionary review of auto dealerships
are specifically addressed in Santa Monica Municipal Code Section 9.31.070 by
requiring a Development Review Permit for any new auto dealer facility conforming to
the Urban Auto Dealership Format standards replacing an existing legally -established
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auto dealer facility or an expansion exceeding 25,000 square feet within the Tier 1
maximum limits; and
WHEREAS, the proposed text amendment would only apply Specific
Limitations #17 and #19 to Commercial Uses that are not currently subject to any
other potential discretionary review; and
WHEREAS, this proposed text amendmentwould also modify Table 9.11.024,
Specific Limitation #21 by applying the standards established by Specific Limitations
#17 and #19 to any existing ground floor, street -fronting, non -office use tenant
space(s) being converted to individual office use tenant space and to any existing
non-medical or non -dental office use tenant space being converted to individual
medical or dental office use tenant space anywhere in an existing building; and
WHEREAS, on December 16, 2015 and February 3, 2016, the Planning
Commission discussed the proposed text amendment and recommended that the
City Council amend Table 9.11.020 in the manner proposed by this Ordinance; and
WHEREAS, this proposed text amendment is consistent in principle with the
General Plan, in that the amendment will ensure a mix of local -serving retail uses in
the Mixed -Use and Commercial Districts, help support existing and local retail areas,
and support the continued viability of existing office uses. The proposed text
amendment will also help protect neighborhoods by encouraging design compatibility,
maintaining neighborhood character, and requiring discretionary review of larger retail
tenant and medical office spaces that have the potential to generate more activity
and traffic in neighborhoods; and
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WHEREAS, this amendment is consistent with the purpose of this 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 amendment will help protect
neighborhoods, encourage design compatibility, and maintain neighborhood
character by requiring discretionary review of larger retail and medical office tenant
spaces.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Table 9.11.020 is hereby
amended as set forth in Exhibit 'A" incorporated herein by reference.
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, are 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 any 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
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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 be
effective 30 days from its adoption.
APPROVED AS TO FORM:
4
MAR HA JO I -E MOU
City ttq'rney(
Exhibit "A" — Santa Monica Municipal Code Table 9.11.020
5
Exhibit "A" — Santa Monica Municipal Code Table 9.11.020
Use Classification .......
MUBL
MUt3
GG NC
Additional Regulations
Residential Uses
Residential Housing Types
See sub -classifications below.
Single Unit Dwelling
P
P
P
P
P
Duplex
L
L
L
L
PP
Multiple -Unit Structure
P
P
P
P
P
Senior Citizen Multiple -Unit
Residential
P
P
P
P
Single -Room Occupancy Housing
P
P
P
P
Group Residential
MUP
MUP
MUP
MUP
Section 9.31.120, Child Care
and Early Education
Facilities
Congregate Housing
P
P
P
P
Senior Group Residential
P
P
P
P
Section 9.31.310, Senior
Group Residential
Elderly and Long -Term Care P P P —
Emergency Shelters L (3)/CUP L (3)/CUP L (3)/CUP L (3)ICUP Section 9.31.130, Emergency
Shelters
Family Day Care See sub -classifications below.
Large p P P P Section 9.31.140, Family Day
Care, Large
Small P I P I P P
Residential Facilities See sub -classifications below.
Residential Care, General P P P P Section 9, Care Facilities Section ,Residential
Residential Care, Limited P P P P Section 9.31.270, Residential
Care Facilities
Section 9 31 270 Residential
Residential Care, Senior
P
P
P
P
Care Facilities
Hospice, General
P
P
P
P
Hospice, Limited
P
P
P
P
Supportive Housing
PP
P
P
Transitional Housing
P
P
P
P
Public and Semi -Public lases
Adult Day Care
P
P
P
L (2)/CUP
Child Care and Early Education
Facilities
P
P
P
L (2)/CUP
Section 9.31.120, Child Care
and Early Education
Facilities
Colleges and Trade Schools, Public or
Private
CUP
CUP
P
CUP
7
Community Assembly
L (18)/CUP
L (18)1
CUP
L (18)1
CUP
L (18)1
CUP
L (19)1
Community Gardens
P
P
P
P
CUP
Cultural Facilities
P
P
P
L (2)/CUP
MUP
Hospitals and Clinics
—
P
CUP
—
MUP
Park and Recreation Facilities, Public
P
P
P
P
CUP
Public Safety Facilities
P
P
P
CUP
Section 9.31.080,
Automobile/Vehicle Washing
Schools, Public or Private
P
CUP
CUP
P
CUP
Social Service Centers
P
P
P
P
Section 9.31.350, Social
Service Centers
Animal Care, Sales, and Services
See sub -classifications below.
Grooming and Pet Stores
LL (19)
L 191
L (19)1
L (2)/CUP
No more than 10 dogs or
—
CUP
CUP
CUP
cats may be kept overnight
Pet Day Care Services
MUP
MUP
MUP
MUP
CUP
Veterinary Services
MUP
MUP
MUP
MUP
AutomobileNehicle Sales and Service
See sub -classifications below.
Altemative Fuels and Recharging
CUP
CUP
CUP
CUP
CUP
Facilities
Section 9.31.080,
Automobile/Vehicle Washing
Automobile Rental
CUP
MUP
MUP
_
Section 9.31.050, Automobile
Rental
Automobile Storage Use
L (4)/CUP
—
—
—
New Automobile/Vehicle Sales andSection
—
—
CUP (6)
--
9.31.070,
AutomobileNehicle Sales,
Leasing
Leasing, and Storage
Additions 7,500 square feet or
Section 9.31.070,
less to Automobile/Vehicle
Sales and Leasing buildings
L (5)/MUP
L (5)IMUP
L (5)/MUP
—
Automobile/Vehicle Sales,
existing as of 07/06/2010
Leasing, and Storage
Additions larger than 7,500
square feet to
Section 9.31.070,
AutomobileNehicle Sales and
CUP (5)
CUP (5)
CUP (5)
—
Automobile/Vehicle Sales,
Leasing buildings existing as
Leasing, and Storage
of 07/06/2010
Section 9.31.060,
AutomobileNehicle Repair, Major
—
—
CUP
—
Automobile/Vehicle Repair,
Major and Minor
AutomobileNehicle Service andSection
CUP
—
CUP
—
9.31.060,
Automobile/Vehicle Repair,
Repair, Minor
Major and Minor
Automobile/Vehicle Washing
—
—
CUP
_
Section 9.31.080,
Automobile/Vehicle Washing
Ett-CAt, AN
MIXED SE,
Ilse Classrticahon
N1UBL
fLit1B
,4ddrtrona1'. egulafion
Service Station
CUP
CUP
MUP
_
Section 9.31.320, Service
Stations
Towing and Impound
—
—
CUP
—
Banks and Financial Institutions
See sub -classifications below.
Banks and Credit Unions
L (2)/CUP:L
(2)1CUP
L (2)/CUP
L (2)/CUP
Check Cashing Businesses
—
—
—
—
Business Services
L (19)1
L (19)
L 191
L (2)/CUP
CUP
CUP
CUP
Commercial Entertainment and
See sub -classifications below.
Recreation
Cinemas
L (7)
—
—
L (7)
Theaters
L (8)/CUP
L (8)/CUP
L (8)/CUP
L (8)/CUP
Convention and Conference Center
—
CUP
CUP
—
Large -Scale Facility
CUP
CUP
CUP
-
Small -Scale Facility
L (9)/CUP
L (9)/CUP
L (9)/CUP
CUP (16)
Section 9.31.340, Small -
Scale Facility, Game Arcades
Eating and Drinking Establishments
See sub -classifications below.
Bars11Vfghtclubs/Lounges
CUP
CUP
CUP
_
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280,
Restaurants, Full -Service, Limited
Restaurants, Limited Service
Service & Take-out, {2,500 square
P
P
P
L (10)(11)
and Take -Out Only
feet and smaller, including Outdoor
Section 9.31.290,
Dining and Seating)
Restaurants With
Entertainment
Section 9.31.200, Outdoor
Dining and Seating
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280,
Restaurants, Full -Service, Limited
Restaurants, Limited Service
Service & Take-out, (2,501— 5,000
MUP
MUP
MUP
MUP
and Take -Out Only
square feet, including Outdoor
(10)(11)
Section 9.31.290,
Dining and Seating)
Restaurants With
Entertainment
Section 9.31.200, Outdoor
Dining and Seating
.Use.: Classification
MUB.L..
MUB
GC
NC
Additional Re gulatrons
Equipment Rental
_
CUP
CUP
W
Section 9.31.040, Alcoholic
Food and Beverage Sales
See sub -classifications below.
Beverage Sales
Section 9.31.040, Alcoholic
Convenience Market
CUP
CUP
Section 9.31.280,
Restaurants, Full -Service, Limited
Beverage Sales
Farmers Markets
CUP
CUP
Restaurants, Limited Service
Service & Take-out, (greaterthan
CUP
CUP
CUP
CUP
and Take -Out Only
5,000 square feet, including Outdoo
Section 9.31.040, Alcoholic
General Market
CUP
(10)(11)
Section 9.31.290,
Dining and Seating)
Beverage Sales
Restaurants With
Section 9.31.040, Alcoholic
Liquor
q
CUP
CUP
Entertainment
CUP
Beverage Sales
Funeral Parlors and Mortuaries
—
CUP
Section 9.31.200, Outdoor
--
L 19 /
L (19)/
Dining and Seating
`M
L (1,9)1
L (19}I
Equipment Rental
_
CUP
CUP
W
Food and Beverage Sales
See sub -classifications below.
Section 9.31.040, Alcoholic
Convenience Market
CUP
CUP
CUP
CUP
Beverage Sales
Farmers Markets
CUP
CUP
CUP
CUP
L (12)l
L (12)1
L(12)/ 1
L(12)/
Section 9.31.040, Alcoholic
General Market
CUP
CUP
CUP
CUP
Beverage Sales
Section 9.31.040, Alcoholic
Liquor
q
CUP
CUP
CUP
CUP
Beverage Sales
Funeral Parlors and Mortuaries
—
CUP
CUP
--
L 19 /
L (19)/
L(19)
L (17)!
Instructional Services
CUP
CUP
CUP
CUP
Live -Work
L (14)
L (14)
L (14)
L (14)
Section 9.31.170, Live -Work
Lodging
See sub -classifications below.
Section 9.31.090, Bed and
Bed and Breakfast
MUP
MUP
MUP
MUP
Breakfasts
Hotels and Motels
CUP '
CUP
CUP
—
Maintenance and Repair Services
L 191
CUP
L 19 1
CUP
L.L.(
CUP
L (2)ICUP
L 19 I
L (19)
LU9)
L 17 I
Section 9,31.220, Outdoor
Nurseries and Garden Centers
CUP
CUP
CUP
CUP
Retail Display and Sales
Offices
See sub -classifications below.
L (21)1
L (21)/
L (21)!
L (21)1
Business and Professional
CUP
CUP
CUP
CUP
L (21)1
L (21)I
L (21)1
L (21)1
Creative
CUP
CUP
CUP
CUP
L (21)l
L (21)f
L (21)1
L (21)1
Medical and Dental
CUP
CUP
CUP
CUP
L (21)!
L (21)f
L (21)!
L (21)!
Walk-in Clientele
CUP
CUP
CUP
CUP
Section 9.31210, Outdoor
Outdoor Newsstands
MUP
MUP
MUP
MUP
Newsstands
`M
Parking, Public or Private
CUP I
CUP I
CUP I
CUP
Personal Services
See sub -classifications below.
Goners! Personal Services
L (19)I
L (19)1
L (19)1
L (2)/CUP
Section 9.31.230, Personal
Support Facilities
CUP
CUP
CUP
L (21)1
CUP
service
Services, Physical
Personal
L (20)
L (19)(20)
L x(20)
L (2)(20)/
P
TrainingCUP
,(19
P
P
P
P
Tattoo or Body Modification Parlor
MUP
MUP
MUP
MUP
Section 9.31.230, Personal
Service
Retail Sales
See sub -classifications below.
Building Materials Sales and
Equipment within Buildings
—
CUP
_
Section 9.31.220, Outdoor
Services
Light Fleet -Based Services
—
—
CUP
Retail Display and Sales
General Retail Sales, Small-scale
L (19)1
L (19)!
L 19 1
L (2}ICUP
Section 9.31.220, Outdoor
CUP
CUP
CUP
P
Retail Display and Sales
General Retail Safes, Medium -scale
CUP
CUP
L (19)1
_
Section 9.31.220, Outdoor
CUP
Retail Display and Sales
General Retail Sales, Large-scale
—
-
CUP
_
Section 9.31220, Outdoor
Retail Display and Sales
Medical Marijuana Dispensaries
CUP 15
CUP(15)
CUP 15
CUP(15)
CUP(15)
CUP 15
—
Section 9.31.185,en Medical
Marijuana Dispensaries
Pawn Shops
Section 9.31.360, Swap
Swap Meets — _ CUP — Meets
Artist's Studio
P
P
P
P
Commercial Kitchens
—
—
CUP
—
Media Production
See sub -classifications below.
Support Facilities
L (21)1
CUP
L (21)1
GUP
L (21)1
CUP
L (21)1
CUP
T ansportation, Communication, aril Utilities lases;
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
—
Equipment within Buildings
—
-
P
—
Light Fleet -Based Services
—
—
CUP
—
Utilities, Major
—
L (13)
L (13)
—
Utilities, Minor
P
P
P
P
Specific Limitations:
(1) Reserved
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Limited to facilities with no more than 7,500 square feet of floor area and/or 40 linear feet of ground floor street frontage;
greater area andlor width requires approval of a Conditional Use Permit.
Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency shelters with 55 or more
beds.
Limited to automobile storage use associated with existing automobile dealerships selling new vehicles; otherwise,
requires Conditional Use Permit.
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, AutomobileNehicle 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.
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 2011 Street on Lincoln Boulevard between Interstate 10 and Santa
Monica Boulevard. In other locations, new automobile dealerships are not permitted.
Limited to existing cinema buildings. New cinemas are not permitted.
Limited to theaters with 75 or fewer seats. Theaters with more than 75 seats require Conditional Use Permit.
Limited to exercise facilities (e.g. yoga, pilates, martial arts, and dance studios) and arts instruction facilities. Other Small -
Scale Commercial Recreation uses require approval of a Conditional Use Permit.
0) Limited to restaurants with 50 or fewer seats.
1) Limited to 2 restaurants greater than 2,500 square feet per block along Main Street. A block is defined as both sides of
Main Street and the adjacent sides of adjoining side streets. Portions of Main Street to be designated a "block" for the
purpose of this Section are as follows:
Block 1: South City Limits to Marine Street.
Block 2: Marine Street to Pier Avenue.
Block 3: Pier Avenue to Ashland Avenue.
Block 4: Ashland Avenue to Hill.
Block 5: Hill to Ocean Park Boulevard,
Block 6: Ocean Park Boulevard to Hollister Avenue (total of four restaurants and bars permitted in this block).
Block 7: Hollister Avenue to Strand.
Block 8: Strand to Pacific.
Block 9: Pacific to Bicknell.
Block 10: Bicknell to Bay.
Block 11: Bay to Pico Boulevard
North of Ocean Park Boulevard restaurants shall be subject to the following requirements:
B Only one restaurant on the east side of each block shall be permitted
• No more than two hundred seats per each block shall be permitted, except that no more than four hundred seats
shall be permitted in Block 6
On -sale alcohol outlets may not exceed twelve in number north of Ocean Park Boulevard. Of the twelve total on -sale
outlets, no more than five shall have on -sale general licenses.
Bars may not exceed four in number south of Ocean Park Boulevard, nor two in number north of Ocean Park Boulevard.
Existing uses and existing number of seats shall count toward the total number of bars and restaurants and seating
requirements permitted within the district.
2) General Markets greater than 15,000 square feet require a Conditional Use Permit. In the Neighborhood Commercial
district, establishments shall not exceed 25,000 square ft. of floor area.
3) Limited to electric distribution substations.
4) 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 peop
12
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.
Medical Marijuana Dispensaries are limited to the following locations:
• MUB District along Wilshire Boulevard between Lincoln Boulevard and Centinela Avenue;
• GC District along Santa Monica Boulevard between Lincoln Boulevard and 2W, Street; and
• MUBL District along Santa Monica Boulevard between 2314 Street and Centinela Avenue.
6) Limited to facilities of no more than 3,000 square feet of floor area.
7) No individual tenant space in the NC District shall occupy more than 7,500 square feet of floor area and/or exceed 50
linear feet of ground floor street frontage without the approval of a Conditional Use Permit.
8) Any community assembly facility abutting a residential district shall require a Conditional Use Permit,
9) No individual tenant space in the MUBL, MUB, and GC Districts shall occupy more than 12,500 square feet of floor area
and/or exceed 75 linear feet of ground floor street frontage without the approval of a Conditional Use Permit.
0) Youth -serving Personal Services, Physical Training requires review and approval of a passenger loading and drop-off plan
by the Director.
1) Permitted if within buildings existing as July 24, 2015, subject to the Active Use Requirement, except:
• All new construction, including new additions of 50% or more additional square footage to an existing building at
any one time, or incrementally, after the effective date of this Ordinance, requires approval of a Conditional Use
Permit.
• In the NC District, ground floor, street -fronting, tenant space occupied by non -office or non -Media Production,
Support Facility uses shall not be changed to an individual office use or Media Production, Support Facility use
occupying more than 7,500 square feet of floor area and/or exceeding 50 linear feet of street frontage without
the approval of a Conditional Use Permit.
• In the MUBL, MUB, and GC Districts, ground floor, street -fronting, tenant space occupied by non -office or non -
Media Production, Support Facility uses shall not be changed to an individual office use or Media Production,
Support Facility use occupying more than 12,500 square feet of floor area and/or exceeding 75 linear feet of
street frontage without the approval of a Conditional Use Permit.
• In the NC District, no non-medical or non -dental office use tenant space shall be changed to an individual
medical or dental office use anywhere in an existing building occupying more than 7,500 square feet of floor
area and/or exceeding 50 linear feet of ground floor street frontage without the approval of a Conditional Use
Permit.
• In the MUBL, MUB, and GC Districts, no non-medical or non -dental office use tenant space shall be changed to
an individual medical or dental office use anywhere in an existing building occupying more than 12,500 square
feet of floor area and/or exceeding 75 linear feet of ground floor street frontage without the approval of a
Conditional Use Permit.
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Approved and adapted this 14th day of June. 2016.
State of California }
County of Los Angeles ) ss.
City of Santa Monica )
1, Denise Anderson -Warren, City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Ordinance No. 2521 (CCS) had its introduction on May
24, 2016, and was adopted at the Santa Monica City Council meeting held on
June 14, 2016, by the following vote:
Ayes: Councilmembers: Davis, McKeown, O'Connor,
Mayor Pro Tem Winterer, Mayor Vazquez
Noes: Councilmembers Himmelrich
Absent: Councilmembers: O'Day
A summary of Ordinance No. 2521 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
Denise Anderson -Warren, City Cleric Date