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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 1 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 2 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 3 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 M 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 11 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. 13 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