O2567City Council Meeting: December 12, 2017 Santa Monica, California
ORDINANCE NUMBER Z5(a7(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADOPTING CHANGES, CORRECTIONS, AND CLARIFICATIONS
TO THE CITY'S ZONING ORDINANCE, CHAPTERS 9.01 THROUGH CHAPTER 9.52
OF ARTICLE 9 OF THE SANTA MONICA MUNICIPAL CODE
WHEREAS, Chapters 9.01 through 9.52 of Article 9 of the Santa Monica Municipal
Code constitute the City's Zoning Ordinance; and
WHEREAS, on June 23, 2015, the City Council adopted a new Zoning Ordinance
that became effective on July 24, 2015. Since the adoption of the Zoning Ordinance and
through its implementation to date, staff has identified unintentional errors,
inconsistencies, or omissions that required minor clerical changes, corrections, or
clarifications as well as policy issues that require further discussion and analysis; and
WHEREAS, on May 24, 2016, June 28, 2016 and February 14, 2017, following
Planning Commission review and recommendations, the City Council adopted
Ordinances making the minor clerical changes, corrections, and clarifications; and
WHEREAS, on August 2, 2017, the Planning Commission adopted a resolution of
intention to make necessary clarifications and changes to the Zoning Ordinance pursuant
to Santa Monica Municipal Code Section 9.46.030(B); and
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WHEREAS, the Planning Commission conducted a duly noticed public hearing on
October 18, 2017, and, after considering oral and written testimony, made the following
findings with respect to the proposed changes to the Zoning Ordinance:
1. The Ordinance amendments are consistent in principle with the General
Plan and any applicable Specific Plan, in that the amendments do not substantively affect
policy decisions made with the City Council's adoption of the Zoning Ordinance and
represent minor changes, corrections, and clarifications to the standards and regulations
within the Zoning Ordinance.
2. The Ordinance amendments are 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 amendments maintain
the existing policies, standards, and regulations of the Zoning Ordinance that promote
and protect the public health, safety, and general welfare; and
WHEREAS, after making the above referenced findings, the Planning Commission
made a recommendation that the City Council adopt the proposed Ordinance
amendments; and
WHEREAS, the City Council conducted a duly noticed public hearing on February
14, 2017 to consider the findings and recommendations of the Planning Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.26.010 is hereby amended
to read as follows:
9.26.010 Purpose
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The specific purposes of the landscaping regulations are to:
A. Improve the appearance and livability of the community;
B. Enhance the aesthetic appearance of development and provide
environmental benefits;
C. Aid in energy conservation;
D. Protect water quality and prevent soil erosion by providing trees and
vegetated areas that harvest, absorb, and filter rain and storm water;
E. Reduce air pollution and absorb greenhouse gas emissions through the
biological filtering capacities of trees and vegetation, and reduce the negative
quality -of -life effects of heat, noise, and glare;
F. Promote conservation of water resources through the installation of
properly designed, installed, and maintained climate -appropriate plants and
water -efficient irrigation systems;
G. Minimize or eliminate conflicts between potentially incompatible but
otherwise permitted land uses on adjoining parcel through visual screening; and
H. Soften the appearance and reduce the heat island effect of parking lots
and other development.
SECTION 2. Santa Monica Municipal Code Section 9.26.050 is hereby amended
to read as follows:
9.26.050 Areas to be Landscaped
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In addition to the areas required to be landscaped by District regulations, the following
areas shall be landscaped, and may count toward the total area of site landscaping
required by District regulations.
A. Required Setbacks. All required front and street -facing side setbacks, except
for areas used for exit and entry, shall be landscaped.
1. Common Property Lines Abutting Residential Districts. Wherever a
nonresidential use is located adjacent to a Residential District or use, a
landscape buffer planted with a mix of trees and shrubs shall be provided
along common property lines. At least 1 tree of at least 15 -gallon size shall be
planted per 20 lineal feet or as appropriate to create a tree canopy over the
buffer setback. In addition, at least 3 shrubs shall be planted per 20 lineal feet.
At least 10 percent of the required trees shall be 24 -inch box size. An
International Society of Arboriculture (ISA) Certified Arborist or equivalent shall
be consulted as to the selection of these trees to facilitate the trees' viability in
the given urban conditions and microclimate.
2. Commercial, Employment or Other Nonresidential Use. 5 -foot wide
landscaped buffer setback.
3. Minimum Soil Volumes Above Subterranean Parking Structures.
Subterranean parking structures shall be designed so that trees and shrubs
planted in required setback areas above subterranean parking structures shall
provide the following:
a. For both trees and shrubs, soil depth shall be a minimum three feet.
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b. Small stature trees with a mature crown spread of approximately 10
feet shall be provided a minimum 120 cubic feet of soil volume
(approximately 3 feet deep by 4 feet wide by 10 feet long).
C. Medium stature trees with a mature crown spread of approximately
20 feet shall be provided a minimum 500 cubic feet of soil volume
(approximately 3 feet deep by 6 feet wide by 28 feet long).
d. Large stature trees with a mature crown spread of approximately 30
feet shall be provided a minimum 1000 cubic feet of soil volume
(approximately 3 feet deep by 10 feet wide by 34 feet long).
e. Palm trees shall be provided with a minimum soil depth of five feet
and 250 cubic feet of soil volume (approximately 5 feet deep by 5 feet
wide by 10 feet long).
B. Parking Areas. All parking structures and parking surface lots shall meet the
provisions of Chapter 9.28, Parking, Loading, and Transportation, and the
following:
1. Landscaping. Up to 2 feet of the front of a parking space as measured
from a line parallel to the direction of the bumper of a vehicle using the space
may be landscaped with ground cover plants instead of paving.
2. Buffer for Above -Grade Parking Structures. A parking garage that
does not incorporate ground -floor nonresidential or residential uses or is not
otherwise screened or concealed at street frontages on the ground level, must
provide a 10 foot landscaped buffer for any garage of less than 5 levels and a
15 foot landscaped buffer for any garage with 5 or more levels.
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3. Surface Parking Lot Landscaping.
a. One tree per one thousand two hundred square feet of paved area
that accommodates vehicular traffic must be provided in a manner that is
compliant with Municipal Code Chapter 8.108 and dispersed throughout
the paved area. The trees planted in compliance with this Section shall be
designed to result in canopy coverage of 50 percent of the parking lots'
hardscape within 10 years of the installations of these trees. An
International Society of Arboriculture (ISA) Certified Arborist or equivalent
shall attest to the selection of these trees to facilitate the trees' viability in
the given urban conditions and microclimate, to provide the canopy
coverage required.
b. Perimeter landscaping may not substitute for interior landscaping.
However, interior landscaping may join perimeter landscaping as long as it
extends at least 4 feet into the parking area from the perimeter landscape
line.
c. Landscaped Buffer for Open Parking Adjacent to a Public Street. A
landscaped area at least 5 feet wide shall be provided between any
surface parking area and any property line adjacent to a public street,
unless a greater dimension is specified in the base district standards or
standards for specific uses applicable to a site.
d. Landscaped Buffer for Open Parking Abutting Interior Property Line.
A landscaped area at least 5 feet wide shall be provided between any
surface parking area and any adjacent parcel for the length of the parking
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area, unless a greater dimension is specified in the base district standards
or standards for specific uses applicable to a site.
e. Layout. Landscaped areas shall be distributed throughout the parking
lot area. Parking lot landscaping may be provided in any combination of
the following:
Landscaped planting strips at least 2 feet wide between rows of
parking stalls;
ii. Landscaped planting strips between parking areas and adjacent
buildings or internal pedestrian walkways;
iii. Landscaped islands located between parking stalls or at the ends
of rows of parking stalls; and
iv. On-site landscaping at the parking lot perimeter.
f. Permeable Surfaces. New surface parking lots shall include a
minimum of 20 percent permeable surfaces. Permeable surfaces and
grading shall be coordinated so that storm water can infiltrate the surface
in areas with less than 5 percent slope. Permeable surfaces are
encouraged in areas of low traffic or infrequent use wherever feasible.
g. Existing Parking Lots. Where compliance with the interior
landscaping provisions above would result in the loss of existing required
parking spaces, the amount of landscaping required shall be reduced to
the extent necessary to accommodate the minimum required parking
spaces. A Major Modification shall not be required for such reduction.
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4. Drainage. All parking areas shall be properly drained, consistent with the
California Regional Water Quality Control Board and subject to the approval of
the Director of Public Works.
a. Runoff Prohibited on Sidewalks. Parking areas in nonresidential
districts shall be designed so that surface water run-off will not drain over
any sidewalk or adjoining property.
b. Cross -grades. Cross -grades shall be designed for slower storm water
flow and to direct storm water toward landscaping, bio -retention areas, or
other water collection/treatment areas.
5. Protection of Vegetation. Landscaped areas, excluding drivable
surfaces, shall be protected by a curb at least 6 inches wide and 6 inches high.
Such curbs shall be designed to allow storm water runoff to pass through.
6. Visibility and Clearance. Landscaping in planters at the end of parking
aisles shall not obstruct driver's vision of vehicular and pedestrian cross -traffic
and shall be built in compliance with Section 9.21.180, Hazardous Visual
Obstructions.
C. Unused Areas. All areas of a project site not intended for a specific use,
including areas planned for future phases of a phased development, shall be
landscaped.
SECTION 3. Santa Monica Municipal Code Section 9.26.060 is hereby amended
to read as follows:
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A. General. Landscaping may consist of a combination of groundcovers, shrubs,
vines, and trees. Landscaping may also include incidental features such as
permeable pathways, stepping stones, benches, fountains, sculptures, decorative
stones, or other ornamental features, placed within a landscaped setting. Materials
must conform to Santa Monica Municipal Code Chapter 8.108,
B. Ground Cover Materials. Ground cover shall be of live plant material and
may not be comprised of pervious non -plant materials such as permeable paving,
gravel, colored rock, cinder, bark, and similar materials. Mulch must be confined to
areas around shrubs and trees and is not a substitute for ground cover plants.
C. Size and Spacing. Plants shall be of the following size and spacing at the
time of installation:
1. Ground Covers. Ground cover plants other than grasses must be at least
the 4 inch pot size. Areas planted in ground cover plants other than grass seed
or sod must be planted at a rate of at least one per 12 inches on center.
2. Shrubs. Shrubs shall be a minimum size of one gallon. When planted to
serve as a hedge or screen, shrubs shall be planted with 2 to 4 feet of spacing,
depending on the plant species.
3. Trees. Trees shall be a minimum of 15 gallons in size with a one -inch
diameter at breast height (dbh). Newly planted trees shall be supported with
stakes or guy wires. Any tree to be planted along a property line or adjacent to
a structure shall be no closer to said property line or structure than % the
diameter of the particular species' drip line at maturity, measured from the
center of the tree.
SECTION 4. Santa Monica Municipal Code Section 9.26.090 is hereby amended
to read as follows:
9.26.090 Maintenance
A. All landscaped areas shall be permanently maintained and kept free of weeds,
debris, and litter and in accordance with the requirements set forth in Chapter 8.108
of the Municipal Code.
B. All plant materials shall be maintained in a healthy growing condition and
diseased or dead plant materials shall be replaced, in kind, pursuant to the
approved plans within 30 days. Alternatively, diseased or dead plant materials may
be replaced with plant materials that have lower water needs, as rated in the
current edition of the Water Use Classification of Landscape Specials published by
the California Department of Water Resources, ANSI/ASABE S623.1, or equivalent
documentation.
C. Trees shall be maintained by property owners to be free from physical damage
or injury arising from lack of water, chemical damage, accidents, vandalism, insects
and disease. Any tree required by this Chapter showing such damage shall be
replaced with another tree of consistent caliper and canopy.
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SECTION 5. Santa Monica Municipal Code Section 9.28.070 is hereby amended
to read as follows:
9.28.070 Location of Parking
Required off-street parking and loading spaces shall be located on the same parcel as
the use they serve, except as otherwise provided in this Chapter. Entrances to off-street
parking and loading should be located on a non -primary fagade, except as described
below. Where a parcel contains more than one street frontage, the parking entrance
should be located on the secondary street or alley. All efforts should be made to
eliminate the impacts of parking entrances on main thoroughfares and transit -oriented
streets. The requirements of this Section shall not apply to vehicles on display by an
automobile dealer in a showroom or approved outdoor area unless otherwise specified
by this Ordinance.
A. Above Ground Parking.
1. Residential Districts. Parking shall be located in the rear half of the
parcel and at least 40 feet from a street -facing property line, except as
provided below:
a. Single -Unit Residential District. Required parking for Single -Unit
Dwellings shall be located within an enclosed garage. Required parking
for all other permitted use classifications in the Single -Unit Residential
district shall not be required to be located within an enclosed garage.
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Garages may be located in the front half of the parcel subject to the
setback requirements of the Base District and the following:
i. Setback from Building Fagade and Front Setback Line.
(1) North of Montana. Garage doors facing a public street shall
be located at least 5 feet behind the primary wall facing the
street, and never less than the required Base District setback.
(2) North of Wilshire/Sunset Park. Garage doors facing a public
street shall be located at least 5 feet behind the front setback
line.
ii. Projection into Front Yard Setback. In the R1 Single -Unit
Residential District, a one-story garage attached to the primary
structure with a maximum height of 14 feet, including parapets and
railings, a maximum length of 25 feet, and with garage doors
perpendicular to the public street, shall be allowed to project up to 6
feet into the required front yard if no alley access exists, but may not
extend closer than 20 feet to the front property line.
b. Multi -Unit Residential Districts. Parking may be located in the front
half of the parcel in Multi -Unit Residential Districts provided that no part of
a required front setback shall be used for parking purposes.
C. Garage Openings and Doors.
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i. Garage Opening Setback. Garage openings shall be located the
following minimum distances from parcel lines adjoining streets and
alleys:
(1) Front -entry garage: 20 feet.
(2) Side -entry garage: 5 feet.
(3) Garage with alley access: 15 feet from centerline of alley.
(4) Narrow parcels: For garages with rear vehicular access
from an alley and located on a parcel 27 feet wide or less, the
side setback adjacent to a street or another alley may be reduced
to 3 feet.
(5) A minimum 22 -foot turning radius is required from the
garage to the opposite side of the street alley, drive aisle, or
driveway.
ii. Garage Door Width. Except as provided in subsections (1) and
(2) below, if a garage faces the front or street side parcel line, the
garage doors shall not be more than 18 feet wide. A door to a single
space shall not be more than 9 feet wide. Not more than one double
garage may be entered from the side street side of a corner or a
reversed corner parcel.
(1) North of Montana. Garage doors facing the public street
may not exceed 16 feet in width unless located in the rear half of
the parcel except as provided in Section 9.07.030(1)(5).
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(2) North of Wilshire/Sunset Park. Garage doors facing the
public street may not exceed 16 feet in width unless located in
the rear half of the parcel except as provided in Section
9.07.030(1)(6).
d. Sloped Parcels. Garages may be located in the required front
setback when the elevation of the ground at a point 50 feet from the front
parcel line and midway between the side parcel lines differs 12 feet or
more from the level of the curb or in all Ocean Park Districts where there
is a change in existing grade of 10 feet or more between the midpoint of
the front parcel line and the midpoint of the rear parcel line subject to the
following:
Height shall not exceed 14 feet if a pitched roof, 11 feet for a flat
roof, or one story;
ii. No portion of the garage may be closer than 5 feet from the front
property line; and
iii. The garage may not occupy more than 50 percent of the width of
the front setback.
iv. In all Ocean Park Districts, a garage that complies with
subsections (i) through (iii) may be set back a distance equal to the
average setback of garages on adjacent parcels if the interior garage
width does not exceed 20 feet.
e. Along the Pacific Coast Highway. Uncovered parking may be located
in the front half of the parcel and within the required front setback on
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parcel located along the Pacific Coast Highway between the Santa Monica
Pier and the north City limits.
f. Rooftop Parking. Rooftop parking is prohibited in all Residential
Districts.
2. Mixed -Use and Non -Residential Districts.
a. Interior Side and Rear Setbacks. Above ground parking that does not
extend above the first floor level may be located within required interior
side and rear setback provided above ground parking is setback a
minimum of 5 feet from an interior parcel line adjacent to a Residential
District.
b. Rooftop Parking.
i. Rooftop parking is prohibited in the following areas:
(1) Neighborhood Commercial Districts; and
(2) Except as authorized in Section 9.31.070(D)(6), within 50
feet of Residential Districts.
ii. Where permitted, rooftop parking areas shall be screened at their
perimeters to prevent light spill onto adjacent properties. Non-skid or
other similar surface treatment on both floors and ramps of the
rooftop shall be required to prevent tire squeals. In order to minimize
noise and air impacts, exhaust vents and other mechanical equipment
shall be located as far from residential uses as feasible consistent
with Chapter 8 of the Municipal Code.
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B. Subterranean Parking Structures.
1. Required Setbacks. A subterranean parking structure may be
constructed and maintained in any required setback area except in any
required unexcavated areas.
2. Openings. All openings for ingress and egress facing the front parcel line
shall be situated at or behind the front building line of the main building. There
shall be no more than one vehicular opening facing the front parcel line for
each main building. Pedestrian access openings are permitted.
3. Crossing Property Lines. Development located. on 2 or more separate
parcels may share common subterranean parking garages or link circulation
between subterranean parking facilities only if the parcels are combined
pursuant to Section 9.21.030, Development on Multiple Parcels.
C. Semi -Subterranean Parking Structures.
1. Front Setback. Semi -subterranean parking structures shall not be
located within a required front setback.
2. Side and Rear Setback.
a. On parcels less than 50 feet in width, a semi -subterranean parking
structure may extend to both property lines and to the rear property line.
b. On parcels having a width of 50 feet or greater, a semi -subterranean
parking structure may be constructed and maintained in any required side
or rear setback area except in a required unexcavated area.
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3. Openings. All openings for ingress and egress facing the front parcel line
shall be situated at or behind the front building line of the main building. There
shall be no more than one vehicular opening facing the front parcel line for
each main building. Pedestrian access openings are permitted.
4. Parking Podium Height. The finished floor of the first level of the building
or structure above the parking structure shall not exceed 3 feet above the
average natural, sloped average natural, or theoretical grade of the parcel,
except for openings for ingress and egress.
SECTION 6. Santa Monica Municipal Code Section 9.28.120 is hereby amended
to read as follows:
9.28.120 Parking Design and Development Standards
All off-street parking and loading areas except those used exclusively for stacked or
valet parking, shall be designed and developed consistent with the following standards.
A. The design, location or position of any parking layout, entry, driveway,
approach or acccessway from any street or alley shall be approved by the Director.
B. Parking Access.
1. Driveways. Driveways must lead to parking spaces that comply with the
design standards in this Section and all other applicable standards.
a. Single -Unit Residential and Ocean Park Single -Unit Residential
Districts. Subject to Section 9.28.120(6)(3), no more than 1 driveway to a
public street is allowed on a parcel with less than 100 linear feet of street
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frontage, and no more than 2 driveways to a public street are allowed on a
parcel with 100 linear feet or greater of street frontage.
b. All Other Districts. Subject to subsection (13)(3), the number of
driveways shall not be more than necessary to allow access in and out of
a parcel and/or building.
2. Combined Entrances. Combining entrances for off-street parking with
those for off-street loading is permitted.
3. Alley Access. Access to parking areas shall be from alleys. Curb cuts
are prohibited except where a project site meets at least one of the following
criteria:
a. The site has no adjacent side or rear alley having a minimum right-of-
way of 15 feet. Corner parcels with no adjacent side or rear alley must
take access from the side street.
b. The average slope of a multi -unit residential parcel is at least 5
percent.
c. The Director determines that a curb cut is appropriate due to traffic,
circulation, or safety concerns.
d. Commercial properties may have nonresidential parking access from
side streets.
4. Hazardous Visual Obstructions. Parking areas and access shall comply
with Chapter 9.21.180, Hazardous Visual Obstructions.
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5. Gates. Gates across driveways shall be a minimum of 18 feet from the
parcel line in all Residential Multi -Unit and Commercial Districts, if access is
not from an alley. For parking lots or structures with more than 50 parking
spaces, gates across driveways shall be a minimum of 36 feet from the parcel
line, if access is not from an alley. Gates serving commercial uses that are
designed to be open at all times during the on-site business' hours are exempt.
6. Shared Access. Nonresidential projects are encouraged to provide
shared vehicle and pedestrian access to adjacent nonresidential properties for
convenience, safety, and efficient circulation. A joint access agreement
guaranteeing the continued availability of the shared access between the
properties approved by the Director shall be recorded in the County's
Recorders Office, in a form satisfactory to the City Attorney.
7. Street Access.
a. Parking areas of 4 or more spaces shall be provided with suitable
maneuvering room so that all vehicles therein may enter an adjacent
street in a forward direction. Vehicles using surface parking located within
25 feet of an alley may enter an adjacent alley by backing out.
b. New parking spaces will only be allowed if designed to allow the
vehicles to enter the adjacent street in a forward direction on streets
determined to be of specific characteristics where driving forward as
determined by the Director.
8. Turning Maneuvers. Use of a parking space shall not require more than
3 vehicle maneuvers except as provided below.
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a. Large Parking Areas. Parking areas with 20 or more parking spaces,
up to 5 percent of the total number of parking spaces, with a maximum of
10 spaces, may require 4 turning maneuvers. Such spaces shall be
distributed around the parking area(s) on the parcel.
b. Pacific Coast Highway. Parcels with frontage less than 100 feet on
Pacific Coast Highway may be able to access parking utilizing up to 4
maneuvers.
9. Driveway Width. Driveway width shall be maintained free and clear of all
obstructions.
a. The minimum width of a driveway serving 1 to 2 residences is 10
feet. Maximum width is 14 feet.
b. The minimum width of a driveway or ramp serving a commercial
property or a residential property with more than 2 residences is as
follows:
i. Parking Areas with 1 to 20 Spaces. Single driveway at least 10
feet wide with a minimum apron width pursuant to the provisions of
SMMC Section 7.04.180.
ii. Parking Areas with 21 to 40 Spaces. Double driveway at least 20
feet wide with a minimum apron width pursuant to the provisions of
SMMC Section 7.04.180.
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iii. Parking Areas with 41 or More Spaces. Number and type of
driveway to be approved by the Director based on considerations of
safety, efficiency, and effectiveness.
c. Ramps for commercial properties must be 20 feet wide minimum to
accommodate two-way traffic.
d. The Director may reduce the driveway width as necessary and
appropriate such that circulation, traffic, and safety concerns are
adequately addressed.
C. Dimensional Requirements. Minimum parking dimensions shall comply with
the standards approved by the Director.
1. Minimum Dimensions for Residential Garages and Carports. The
width of any garage door shall be at least 8 feet for a single space and at least
16 feet for 2 spaces. Garages and carports serving residential uses shall be
constructed to meet the following minimum inside dimensions and related
requirements.
a. A single car garage or carport: 11.5 feet in width by 18 feet in length.
b. A two -car garage or carport: 20 feet in width by 18 feet in length,
except a private two -car garage lawfully in existence on May 5, 1999 may
be maintained if the garage serves a single unit residence and has an
unobstructed inside dimension of at least 18 feet in width by 18 feet in
length.
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2. Parking Spaces. Minimum parking dimensions shall comply with the
standards approved by the Director. The area of any such space shall be
exclusive of driveways, aisles, and maneuvering areas.
3. Motorcycle Spaces. Motorcycle parking spaces shall be no less than 4
feet wide by 8 feet long with an aisle width of no less than 10 feet.
4. Space Efficient Spaces. These requirements do not apply to parking
spaces that qualify as space efficient under Section 9.28.090.
5. Storage Areas. Storage areas may be located above the parking space
provided that they do not encroach into the length of a parking space by more
than 3.5 feet and provided that the storage area is at least 4.5 feet above the
floor.
D. Parking Lot Striping. Except in a garage or carport containing 2 or fewer
parking spaces, all parking stalls shall be clearly outlined with striping, and all
aisles, approach lanes, and turning areas shall be clearly marked with directional
arrows and lines as necessary to provide for safe traffic movement. All parking
spaces shall be clearly marked as compact, guest, carpool, or vanpool parking, if
applicable.
E. Circulation and Safety.
1. Visibility shall be assured for pedestrians, bicyclists, and motorists
entering individual parking spaces, circulating within a parking facility, and
entering or leaving a parking facility. Exits from any subterranean or semi -
subterranean parking structure shall provide sight distance which comply with
standards established by the Director.
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2. Parking lots shall be designed so that sanitation, emergency, and other
public service vehicles can provide service without backing out unreasonable
distances or making other dangerous or hazardous turning movements.
3. Separate vehicular and pedestrian circulation systems shall be provided
where possible. Multi -unit residential developments of 5 or more units must
provide pedestrian access that is separate and distinct from driveways.
Parking areas for commercial and mixed-use developments that are 80 feet or
more in depth and/or include 25 or more parking spaces must have distinct
and dedicated pedestrian access from the commercial use to parking areas
and public sidewalks, according to the following standards:
a. Connection to Public Sidewalk. An on-site walkway shall connect the
main building entry to a public sidewalk on each street frontage. Such
walkway shall be the shortest practical distance between the main building
entry and sidewalk, generally no more than 125 percent of the straight-line
distance.
b. Materials and Width. Walkways shall provide at least 5 feet of
unobstructed width and be hard -surfaced.
c. Identification. Pedestrian walkways shall be clearly differentiated from
driveways, parking aisles, and parking and loading spaces through the
use of elevation changes, a different paving material, or similar method.
d. Separation. Where a pedestrian walkway is parallel and adjacent to
an auto travel lane, it must be raised and separated from the auto travel
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lane by a raised curb at least 4 inches high, bollards, or other physical
barrier.
4. Parking areas provided shall be arranged so as to be safe and
convenient.
F. Wheel Stops. Concrete bumper guards or wheel stops shall be provided for
all unenclosed parking spaces abutting landscaped areas, walls, or walkways. A 6 -
inch high concrete curb surrounding a landscape area at least 6 feet wide may be
used as a wheel stop, provided that the overhang will not damage or interfere with
plant growth or its irrigation. A concrete sidewalk may be used as a wheel stop if
the overhang will not reduce the minimum required walkway width.
G. Slope.
1. Areas used exclusively for parking, excluding ramps, shall be designed
and improved with grades not to exceed a 6.67% slope.
2. Slopes of all driveways and ramps used for ingress or egress of parking
facilities shall be designed in accordance with the standards established by the
Director but shall not exceed a 20 percent slope. Profiles of driveway, ramp,
and grade details must be submitted to the City Parking and Traffic Engineer
for approval whenever any slope exceeds 6 percent.
H. Landscaping. Up to 2 feet of the front of a parking space as measured from a
line parallel to the direction of the bumper of a vehicle using the space may be
landscaped with ground cover plants instead of paving. Landscaping of parking
areas shall be provided and maintained according to the standards of Chapter 9.26,
Landscaping.
fR.Ll
I. Surfacing. All driveways and parking areas shall be surfaced with a minimum
thickness of 2 inches of asphaltic concrete over a minimum thickness of 4. inches of
a base material or alternative equivalent material approved by the Director.. No
unpaved area shall be used for parking.
J. Drainage. All parking areas shall be designed to meet the requirements of
Chapter 7.10 Urban Runoff Pollution.
K. Screening. In addition to the requirements of Section 9.21.140, Screening,
parking areas shall be screened from view from public streets and adjacent parcels
in a more restrictive district, according to the following standards. Screening shall
add to the visual diversity of the use and need not be an opaque barrier.
1. Height. Screening of surface parking lots from adjacent public streets
shall be a minimum of 3 feet and a maximum of 3.5 feet in height. Screening of
parking lots along interior parcel lines that abut Residential Districts shall be a
minimum of 5 feet and a maximum of 6 feet in height, except within the
required front setback of the applicable Zoning District, where screening shall
be 3 feet in height.
2. Materials. Screening may consist of one or any combination of the
methods listed below.
a. Walls. Low -profile walls consisting of brick, stone, stucco, or other
quality durable material approved by the Director, and including a
decorative cap or top finish as well as edge detail at wall ends. Plain
concrete blocks are not allowed as a screening wall material unless
25
capped and finished with stucco or other material approved by the
Director.
b. Fences. An open fence of wrought iron or similar material combined
with plant materials to form an opaque screen. Use of chain-link or vinyl
fencing for screening purposes is prohibited.
c. Planting. Plant materials consisting of compact evergreen plants that
form an opaque screen. Such plant materials must achieve a minimum
height of 2 feet within 18 months after initial installation.
d. Berms. Berms planted with grass, ground cover, or other low -growing
plant materials.
L. Lighting. Public parking areas designed to accommodate 10 or more vehicles
shall be provided with a minimum of 0.5 foot-candle and a maximum of 3.0 foot-
candles of light over the parking surface during the hours of use from 1/2 hour
before dusk until 1/2 hour after dawn.
1. Lighting design shall be coordinated with the landscape plan to ensure
that vegetation growth will not substantially impair the intended illumination.
2. All artificial lighting used to illuminate a parking lot for any number of
automobiles in any District shall be arranged so that all direct rays from such
lighting fall entirely within such parking lot and be consistent with Section
9.21.080, Lighting.
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M. Alternative Compliance. The Director may approve other screening plans,
designs, and materials of equal area and screening which satisfy the intent of the
screening standards.
N. Alternative Parking Area Designs. Where an applicant can demonstrate to
the satisfaction of the Director that variations in the dimensions otherwise required
by this Section are warranted in order to achieve to environmental design and
green building objectives, including, but not limited to, achieving certification under
the LEEDTm Green Building Rating System or equivalent, an alternative parking
area design may be approved.
O. Maintenance. Parking lots, including landscaped areas, driveways, and
loading areas, shall be maintained free of refuse, debris, or other accumulated
matter and shall be kept in good repair at all times.
P. Compact Parking. Compact parking must be evenly distributed in parking
areas or levels; it may not be located within 25 feet of a ramp, driveway or ground
floor pedestrian entrance. A maximum of 40% of parking spaces may be compact.
SECTION 7. Santa Monica Municipal Code Section 9.28.140 is hereby amended
to read as follows:
9.28.140 Bicycle Parking
A. Applicability. Every new building, change of use, or every building enlarged
by 10 percent or more shall provide short and long-term bicycle parking in the
amount specified in Table 9.28.140, except as otherwise provided in this Chapter.
27
B. Number of Spaces. The required minimum number of bicycle parking spaces
for each use category is shown on Table 9.28.140. The required minimum number
of bicycle parking spaces is based on the primary uses on a site. There are no
bicycle parking requirements for accessory uses. When there are 2 or more
separate primary uses on a site, the required bicycle parking for the site is the sum
of the required parking for the individual primary uses.
C. Exemptions. No long-term bicycle parking is required on a site where there is
less than 2,500 square feet of gross building area.
D. General Requirements.
1. Bicycle parking shall be provided in a convenient, highly visible, and well -
lit area.
2. Bicycle parking shall be at least as conveniently located as the most
convenient automobile spaces, other than those spaces for persons with
disabilities. Safe and convenient means of ingress and egress shall be
provided that does not interfere with accessible paths of travel or accessible
parking as required by this Code.
3. Bicycle parking facilities within auto parking areas shall provide a
minimum of 24 inches of separation between the parking space and a parked
bicycle to prevent damage by automobiles or other moving vehicles with the
exception of bicycle racks provided above ground at the head of the parking
space. If provided at the head of the parking space, the space must be
assigned to the same user of the bicycle rack. Barriers may be in the form of
i�,
curbs, wheel stops, poles, or other similar features if they do not interfere with
the adjacent parking stall or pathway.
4. Bicycle parking facilities shall be located on or within a concrete or similar
surface and designed to support bicycles in a stable position without damage
to wheels, frames, or other components.
5. Facilities shall be securely anchored to the surface to prevent easy
removal and shall be of sufficient strength to resist vandalism and theft.
6. Bicycle parking areas shall contain signage that clearly shows how the
bicycle should be locked for optimum security and a number where to contact
the owner with questions or report theft.
7. Bicycle parking wayfinding signage is required for every site.
8. Vertical bicycle parking racks must allow a user to securely lock a bike tire
and frame to the rack.
9. Bicycle parking facilities and bicycle parking racks, shall be designed and
located to meet the following criteria:
a. Each bicycle parking space shall be designed with at least 2 feet in
width by 6 feet in length to allow sufficient space between parked bicycles.
b. 24 inches of minimum clearance shall be provided between bicycle
parking spaces, poles, landscaping, street furniture, drive aisles, and
pedestrian ways.
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c. Bike racks must be located a minimum of 30 inches from a
perpendicular wall, as measured from the edge of the facility closest to the
wall and in the direction bicycles are to be parked.
d. Provide a minimum 5 -foot wide aisle or space behind all required
bicycle parking to allow room for bicycle maneuvering
e. No more than 50 percent of the total bike parking required may be
provided in a vertical or hanging rack.
f. At least 10 percent of the total bike parking must be provided to
accommodate 10 -foot long bicycles such as bicycles with trailers,
recumbent, and cargo style bicycles.
g. If Senior Housing is provided, bicycle parking areas must
accommodate tricycle style bicycles.
10. Alternative Bicycle Parking Area Designs. Alternative bicycle parking
configurations and designs such as double decker lift assisted racks may be
approved by the Director if it is determined that they provide adequate access,
are easy to use, and allow a bike to be locked securely to the rack.
E. Short -Term Bicycle Parking. Short-term bicycle parking shall be provided,
according to the provisions of this Section, in order to serve shoppers, customers,
messengers, guests, and other visitors to a site who generally stay for a short time,
typically less than 4 hours.
1. Standards for Short -Term Bicycle Parking.
all
a. Location. Short-term bicycle parking shall be located in well -lit and
convenient areas outside of the public right-of-way and pedestrian
walkways and within 50 feet of a main entrance to the building it serves.
i. Multi -Tenant Commercial Buildings. Bicycle parking shall be
located within 50 feet of an entrance to each store. Bicycle parking
shall be visible from the street or from the main building entrance, or a
sign must be posted at the main building entrance indicating the
location of the parking.
ii. Downtown. Bicycle parking in the Downtown Districts may be
located within the public right-of-way subject to selection of rack
design, review of location, and approval from the Director and the
Director of Public Works, pursuant to a license or other agreement,
provided an unobstructed sidewalk clearance of four -feet is
maintained for pedestrians at all times.
iii. On -Site Requirement. The required short-term bicycle parking for
new construction projects shall be provided on-site. For existing buildings
and changes of use where existing site constraints prohibit locating short-
term bicycle parking on-site, the applicant shall satisfy the short-term
bicycle requirements by
paying a fee per space, to be established by City Council resolution
including the cost of rack and installation, for each space that cannot
be located on-site.
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b. Anchoring and Security. For each bicycle parking space required, a
stationary, securely anchored object shall be provided to which a bicycle
frame and one wheel can be secured with a high -security U-shaped
shackle lock if both wheels are left on the bicycle. One such object may
serve multiple bicycle parking spaces.
c. Short-term secure bicycle parking must be provided for any special
event at a rate of 35 percent of the expected attendees.
F. Long -Term Bicycle Parking. Long-term bicycle parking shall be provided,
according to the provisions of this Section, in order to serve employees, students,
residents, commuters, and others who generally stay at a site for 4 hours or longer.
1. Standards for Long -Term Bicycle Parking. Long-term bicycle parking
shall meet the following standards:
a. Location. Long-term bicycle parking shall be located on the same
parcel as the use it serves. Long-term bicycle parking for commercial
tenants shall be located on the ground floor within 75 feet of a building
entrance if ground floor automobile parking is provided. If no ground floor
automobile parking is provided, the bicycle parking may be located on the
level immediately below or above the ground floor level within 75 feet of a
public elevator or stairway.
b. Covered Spaces. All required long-term bicycle parking shall be
covered. Covered parking can be provided inside buildings, under roof
overhangs or awnings, in bicycle lockers, or within or under other
structures.
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c. Security. Long-term bicycle parking shall be in at least one of the
following facilities:
i. An enclosed bicycle locker;
ii. A fenced, covered, locked or guarded bicycle storage area with
bike racks within;
iii. A rack or stand inside a building that is within view of an
attendant or security guard or visible from employee work areas; or
iv. A secure, non-public parking garage.
d. Electric Bicycles. At least one electrical outlet shall be available in
each long-term bicycle parking areas for the use of electrical assisted
bicycle charging.
2. Except for new buildings, in lieu of providing the long-term parking on-site,
the Director may determine that placement of the long-term spaces on-site is
infeasible due to existing site conditions and allow the long-term bicycle
parking requirement to be fulfilled by payment of a fee per space to be
established by City Council resolution including the cost of locker and
installation.
Residential Uses
All Residential uses,
excluding Single Unit 10% of Long -Term; minimum 2 1 space per bedroom, including
Dwellings, Duplexes, and spaces per project studios
Family Day Care
Kxl
Senior Housing 25% of Long -Term; minimum 2
spaces per project
Public and Semi -Public Uses
Colleges and Trade
Schools, Public and
Private
1.5 spaces for each 10 students
5 spaces per bedroom;
inimum 2 spaces per project
5 space per classroom
Day Care Facility 11.5 spaces for each 20 students 10.5 space per classroom
Hospitals or Clinics
1 space per 4,000 sq. ft. of floor
area; minimum 4 spaces per
project
1 space per 2,000 sq. ft. of floor
area; minimum 4 spaces per
Parks and Recreation 5% of maximum daily
Facilities, Public
attendance 1 space per 20 employees
Schools, Public and
Private
mercial Uses
1.5 spaces for each 20 students 10.5 space per classroom
All Commercial and 1 space per 4,000 sq. ft. of floor
Public/Semi-Public uses
except those listed below area; minimum 4 per project
Parking Facility
Office
Hotels
Industrial Uses
Industrial Uses
1 space per 3,000 sq. ft. of floor
area; minimum 4 per project
1 space per 10 spaces; 1 space per 20 spaces;
minimum 6 spaces per project minimum 4 spaces per project
1 space per 8,000 sq, ft. of floor
area; minimum 4 spaces per
project
8 spaces
1 space per 12,000 sq. ft. of
floor area; minimum 4 spaces
per project
1 space per 2,000 sq. ft. of floor
area, minimum 4 spaces per
project
0.20 per room
1 space per 12,000 sq. ft. of
floor area; minimum 4 spaces
per project
SECTION 8. Santa Monica Municipal Code Section 9.28.180 is hereby amended
to read as follows:
34
9.28.180 Reduction of Required Parking
The following exemptions shall apply to the requirements of off-street parking and
loading requirements.
A. Parking Overlay Area 2. Nonresidential properties located within Parking
Overlay Area 2 identified in Figure 9.28.050 may be eligible to provide parking at
the Parking Overlay Area 1 rates specified in Table 9.28.060, Parking Regulations
by Use and Location. The applicant shall have the burden of proof for a reduction in
the total number of required parking spaces, and documentation shall be submitted
substantiating the reasons for this requested parking reduction. Reduced parking
shall be approved only if:
1. Compliance with transportation demand management requirements is
demonstrated, or sufficient evidence is provided that the project will comply;
2. Documentation is provided to the satisfaction of the Director that the
parking to be supplied will meet the needs of the on-site uses; and
3. Additional requirements, restrictions, or agreements as deemed
necessary by the Director are included as a requirement(s) to ensure that the
parking will satisfy the needs of the on-site uses.
B. City -Designated Historic Resources. For any principal or conditional use
located in a City -Designated Historic Resource, the required number of parking and
loading spaces to be provided and maintained shall be the same as the number of
spaces that existed on the site on July 6, 2010. Existing parking facilities
associated with designated landmarks shall be maintained. Within the Downtown
Community Plan area, there shall be no minimum required number of parking or
35
loading spaces to be provided and maintained for any principal or conditional use
located in a City -Designated Historic Resource. Existing parking or loading serving
a City -Designated Historic Resource in the Downtown Community Plan area that
was not required at the time the City -Designated Historic Resource was originally
entitled may be reduced without providing equivalent substitute facilities when such
a reduction is necessary to allow for an addition to the City -Designated Historic
Resource.
C. Car Share Spaces. Substitution of car -sharing spaces for required parking is
allowed if all of the following are met:
1. For every car -sharing parking space that is provided, the parking
requirement is reduced by 2 spaces, up to a maximum of 25% of the required
parking spaces, not to exceed 10 spaces; and
2. A copy of the car -sharing agreement between the property owner and the
car -sharing company must be submitted with the building permit.
D. Off -Site Shared Parking. Shared parking is intended to provide an
opportunity for multiple uses to use parking facilities on separate properties more
efficiently. Shared parking shall be permitted in all nonresidential districts identified
in Table 9.02.010-A, subject to the following:
1. The maximum allowable reduction in the number of spaces to be provided
shall not exceed 25% of the sum of the number required for each use served
and not reduce the total number of spaces to less than 1 space for every 500
square feet of floor area in a commercial mixed-use development.
36
2. An applicant for a permit for shared parking shall be required to submit
data substantiating a request for reduced parking requirements. The data shall
include substantial evidence of the demand and usage of the parking facility. A
permit for shared parking shall describe the limits of any area subject to
reduced parking requirements and the reduction applicable to each use.
3. Permit Required—Shared Parking of Fewer Than 10 Spaces.
a. Shared parking of fewer than 10 parking spaces may be approved
through an administrative shared parking permit.
b. The applicant shall provide evidence to the satisfaction of the
Director of availability of off-site parking, and that no on-site parking is
available during the times when additional off-site parking is requested.
4. Permit Required– Shared Parking of 10 or More Spaces.
a. Shared parking of 10 or more parking spaces in a private parking
facility that is otherwise limited to on-site parking may be approved
through a Minor Use Permit. The Director may establish additional
conditions to further the intent of this subsection and ensure that parking
spaces needed for the primary on-site uses will be available during the
hours needed for their use.
b. Findings. The Director, or Planning Commission on appeal, may
approve an application for shared parking, in whole or in part, with or
without conditions, only when all of the following findings are made in an
affirmative manner:
37
i. The operation of the requested shared parking permit at the
location proposed and within the time period specified'will not
adversely impact the primary use of the parking facility for its intended
on-site users, or otherwise endanger the public health, safety, or
general welfare.
ii. The shared parking permit sets forth the maximum number of
shared parking spaces that are being approved for use by off-site
users that will be available during peak and off-peak parking demand
periods so as to ensure that a sufficient number of spaces will be
provided to meet the greater parking demand of the anticipated users.
iii. Additional requirements, restrictions or agreements, as deemed
necessary by the Director are included as a requirement(s) of the
shared parking permit to ensure that parking spaces needed for the
primary on-site uses will be available during the hours needed for
their use.
iv. The off-site shared parking will not reduce parking for new
development.
c. The Director shall prepare a written decision which shall contain the
findings of fact upon which such decision is based and all required
conditions, if approved. Within two business days from the date when the
determination has been made concerning the application and posted on
the City's website, the decision shall be mailed to the applicant and to
property owners and residents of property within a radius of 750 feet for
which the shared parking is requested. Copies of the decision shall also
be provided to the Planning Commission.
d. Term of Permit. A shared parking permit shall be valid for a one-year
period from the date of issuance unless a different period is set by the
Director, or the Planning Commission on appeal, as a condition of granting
the shared parking permit. The permit shall renew automatically for
additional one-year periods unless the permit is modified or revoked in
accordance with subsection (D)(4)(0 of this Section.
e. Monitoring. The permit holder shall grant City staff access to the
parking facility for the purpose of verifying parking availability prior to
issuing the permit as well as to allow random monitoring after the permit is
issued. The applicant shall submit an annual report to the Director that
includes a copy of current lease agreements for the parking facility that is
shared and shall submit data substantiating an ongoing request for
reduced parking requirements.
f. Modification or Revocation. The City may modify or revoke an
approved Shared Parking Permit in accordance with the following
procedures:
i. If the Director receives evidence that the conditions of the permit
have not been met, or the permit granted is being or has recently
been exercised contrary to the terms of the approval or in violation of
a specific statute, ordinance, law, or regulation, the Director shall
serve notice of these violations, either in person or by registered mail,
W
on the owner of the property and on the permit holder and shall
provide the permit holder with a reasonable opportunity to cure the
violation(s).
ii. If the permit holder or property owner has not responded to the
notice within 10 days or the Director determines that the permit holder
has failed to cure the violation, the Director may refer the matter to a
revocation hearing. Notice of hearing shall be published once in a
newspaper of general circulation within the City and shall be served
either in person or by registered mail on the owner of the property and
on the permit holder at least 10 days prior to such hearing. The notice
of hearing shall contain a statement of the specific reasons for
revocation.
iii. After the hearing, a shared parking permit may be revoked by the
Director or by the Planning Commission on appeal or review if any
one of the following findings is made:
(1) That the shared parking permit was obtained by
misrepresentation or fraud; or
(2) That the conditions of the permit have not been met, or the
permit granted is being or has recently been exercised contrary
to.the terms of the approval or in violation of a specific statute,
ordinance, law, or regulation.
.e
iv. A written determination of modification or revocation of the
shared parking permit shall be mailed to the property owner and the
permit holder within 10 days of such determination.
g. Appeals. Any person may appeal the approval, conditions of
approval, denial, modification or revocation of a shared parking permit to
the Planning Commission if filed within 14 consecutive calendar days of
the date the decision is made in the manner provided Chapter 9.37,
Common Procedures.
E. On -Site Shared Parking. Facilities may be shared if multiple uses
cooperatively establish and operate parking facilities and if these uses generate
parking demands primarily during hours when the remaining uses are not in
operation. (For example, if one use operates during evenings or weekdays only.)
The applicant shall have the burden of proof for a reduction in the total number of
required parking spaces, and documentation shall be submitted substantiating the
reasons for this requested parking reduction. Shared parking shall be approved
only if:
1. A sufficient number of spaces are provided to meet the greater parking
demand of the participating uses.
2. Satisfactory evidence has been submitted by the parties operating the
shared parking facility, describing the nature of the uses and times when the
uses operate so as to demonstrate the lack of conflict between them.
3. Additional documents, covenants, deed restrictions or other agreements
as may be deemed necessary by the Director are executed to assure that the
41
required parking spaces provided are maintained and uses with similar hours
and parking requirements as those uses sharing the parking remain for the life
of the building.
F. Bicycle Parking. Substitution of non -required bicycle spaces for existing
required automobile parking spaces is allowed according to the following
provisions:
1. Layout and design must meet Bicycle Parking Section 9.28.140(D)
General Requirements with final layout and number to be approved by the
Director.
2. For buildings with fewer than 10 automobile parking spaces, 1 existing
required automobile parking space may be replaced with 5 bicycle spaces if no
other suitable location for bicycle parking exists on the property as determined
by the Director.
3. For every 5 bicycle spaces that are provided in the footprint of an existing
required parking space, automobile parking is reduced by 1 space, up to a
maximum of 15% of the required parking spaces.
4. This provision does not apply to single or 2 -unit residential dwellings.
G. Motorcycle Parking. There shall be a credit of 1 automobile parking space for
every 4 motorcycle parking spaces provided, not to exceed 5% of the total number
of automobile parking spaces required.
42
SECTION 9. Santa Monica Municipal Code Section 9.31.040 is hereby amended
to read as follows:
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. 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
Conditional 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).
43
C. Findings for Approval of Conditional Use Permit, The Planning
Commission, or the City Council on appeal, may approve the dispensing, for sale or
other consideration, alcoholic beverages, including beer, wine, malt beverages, and
distilled spirits for on-site or off-site consumption only if, in addition to the required
findings for Conditional Use Permits contained in Section 9.41.060, Required
Findings [for a Conditional Use Permit], all of the following findings can 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. Limited and full-service restaurants that offer alcoholic beverages
incidental to meal service shall be exempt from the provisions of the
Conditional Use Permit requirement of subsection (B) of this Section if such a
M
permit is approved in writing by the Director and if the applicant agrees in
writing to comply with all of the following criteria and conditions:
a. The primary use of the premises shall be for sit-down meal service to
patrons;
b. If a counter service area is provided, food service shall be available
at all hours the counter is open for patrons, and the counter area shall not
function as a separate bar area;
c. Window or other signage visible from the public right-of-way that
advertises beer or alcohol shall not be permitted;
d. 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;
e. The establishment shall maintain a kitchen or food -serving area in
which a variety of food is prepared on the premises;
f. Take out service shall be only incidental to the primary sit-down use;
g. No alcoholic beverage shall be sold for consumption beyond the
premises;
h. Except for special events, alcohol shall not be served in any
disposable containers such as disposable plastic or paper cups;
i. No more than three television screens including video projectors or
similar audio/visual devices shall be utilized on the premises. None of
45
these televisions or projection surfaces shall exceed 60 inches measured
diagonally;
j. No video or other amusement games shall be permitted on the
premises;
k. Entertainment may only be permitted in the manner set forth in
Section 9.31.290, Restaurants with Entertainment;
I. The primary use of any outdoor dining area shall be for seated meal
service. Patrons who are standing in the outdoor seating area shall not be
served;
m. 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;
n. The permitted hours of alcoholic beverage service shall be 9:00 a.m.
to 11:00 p.m. Sunday through Thursday, and 9:00 a.m. to 12:00 a.m.
Friday and Saturday with complete closure and all employees vacated
from the building by 12:00 a.m. Sunday through Thursday, and 1:00 a.m.
Friday and Saturday. All alcoholic beverages must be removed from the
outdoor dining area no later than 10:00 p.m. Sunday through Thursday
and 11:00 p.m. Friday and Saturday. No after-hours operation is
permitted;
o. No more than 35 percent of total gross revenues per year shall be
from alcohol sales. The operator shall maintain records of gross revenue
M
sources, which shall be submitted annually to the Planning Division at the
beginning of the calendar year and also available to the City and the
California Department of State Alcoholic Beverage Control (ABC) upon
request;
p. 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. Liquor bottle service shall be prohibited. Wine and beer
bottle service shall not be available to patrons unless full meal service is
provided concurrent with the Bottle service. All food items shall be
available from the full service menu;
q. 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;
r. The establishment shall not organize or participate in organized "pub-
crawl' events where participants or customers pre -purchase tickets or
tokens to be exchanged for alcoholic beverages at the restaurant;
S. Establishments with amplified music shall be required to comply with
Chapter 4.12, Noise, of the Santa Monica Municipal Code;
t. 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;
47
u. 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
ninety days of the effective date of the exemption determination. In the
case of new employees, the employee shall attend the alcohol awareness
training within ninety 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;
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 State ABC;
w. 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;
x. 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;
y. 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
z. 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.
2. With respect to the Director's decision for Alcohol Exemption Zoning
Conformance Permits for restaurants with over 50 seats, within two business
days from the date when the determination has been made concerning the
application and posted on the City's website, the Director shall transmit the
Statement of Official Action to the applicant at the address shown on the
application and to all property owners and residential and commercial tenants
within a radius of 750 feet from the exterior boundaries of the property involved
in the application. The applicant or any property owners and residential and
commercial tenants within a radius of 750 feet from the exterior boundaries of
•J
the property involved in the application may appeal the decision to the
Planning Commission following the procedures set forth in Section 9.37.130(B -
D) and subject to the findings of Section 9.31.040(C).
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. 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 one year.
L The one-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
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(5) A conforming use that meets the applicable requirements of
this Ordinance is lawfully established in the space previously
occupied by the nonconforming alcohol outlet.
ii. Once the one-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.
Cessation of use due to remodelinq 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 (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
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extends past 11:00 p.m. Sunday through Thursday and midnight on
Friday and Saturday, a 5 percent increase in the floor area of the
premises, a 10 percent 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 percent
increase or decrease 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.
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.
SECTION 10. Santa Monica Municipal Code Section 9.31.370 is hereby amended
to read as follows:
9.31.370 Temporary Uses and Seasonal Sales
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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.
53
6. Yard sales limited to two per calendar year, for each dwelling unit, for a
maximum of two 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.
.Z!
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
one 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
one 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.
[oil
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 45 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, which the Director has determined will be
compatible with the purposes of the district and surrounding land uses.
C. Temporary Uses Requiring a Minor Use Permit. Other special events,
temporary uses, outdoor sales, and displays that exceed 45 consecutive calendar
days shall require the approval of a Minor Use Permit pursuant to Chapter 9.41,
Minor Use Permits and Conditional Use Permits.
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SECTION 11. Santa Monica Municipal Code Section 9.39.020 is hereby amended
to read as follows:
9.39.020 Applicability
Administrative Approval shall be required prior to issuance of any Building Permit for the
development of more than 1,000 square feet of floor area for all new construction and
new additions to existing buildings located in Residential and Nonresidential Districts
not otherwise subject to Zoning Conformance Review or discretionary review. However,
no Administrative Approval shall be required for new construction and new additions to
existing buildings located in the Multi -Unit Residential Districts, Ocean Park
Neighborhood Districts, or for any new single -unit dwellings or additions thereto in any
zoning district.
SECTION 12. Santa Monica Municipal Code Section 9.48.010 is hereby amended
to read as follows:
9.48.010 Compliance with Article 9
A. No person shall establish, operate, erect, move, alter, enlarge or maintain any
use, activity, or improvement in contravention of any provision of Article 9 of the
Municipal Code, including any General, Area, or Specific Plans incorporated by this
Article 9.
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B. No person shall fail to comply with the terms and conditions of any permit or
approval issued pursuant to this Ordinance, any.Development Agreement, or with
any other law or regulation relating to land use or development. This shall apply to
any person, whether or not the person was the original applicant for the permit or
approval, and whether or not the person is the owner, lessee, licensee, agent, or
employee.
C. No person shall take any action to aid or facilitate the violation of any provision
of this Ordinance or the terms and conditions of any permit or approval issued
pursuant to this Ordinance by another.
D. Any property being maintained or operated in violation of this Ordinance or any
permit or approval issued pursuant to this Ordinance shall be a public nuisance,
and may be abated by the City or by any interested person, as authorized by law.
SECTION 13. Santa Monica Municipal Code Section 9.51.030 is hereby amended
to read as follows:
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
59
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 non-profit 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.
.E
8. Hospitals and Clinics. State -licensed public, private, and non-profit
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).
9. Park and Recreation Facility. Parks, playgrounds, recreation facilities,
trails, wildlife preserves, and related open spaces, which are open to the
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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:
62
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, non-profit, or governmental facility for
keeping, boarding, training, breeding or maintaining four 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, non-profit, or governmental
facility for keeping four or more dogs, cats, or other household pets not
owned by the kennel owner or operator primarily for periods of less than
24 hours.
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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 long-term
parking of vehicles for sale or lease at an automobile dealership or rental
agency on a separate parcel from such agency or dealership.
d. AutomobilelVehicle 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
01
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.
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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,
AutomobileiVehicle 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, AutomobileiVehicle 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,
l-1
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
two or fewer fleet vehicles on-site. (For three 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 and facilities with 5,000 square feet or
more in building area such as fitness centers, gymnasiums, 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, health clubs, yoga
studios, dance halls, small tennis club facilities, poolrooms, and
amusement arcades.
8. Eating and Drinking Establishments. Businesses primarily engaged in
selling and serving prepared food and/or beverages for consumption on or off
the premises.
a. Bar/Night Club/Lounge. Businesses that are licensed by the State to
sere 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. 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,
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Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.280, Restaurants,
Limited Service and Take Out Only, where applicable, for further details.
d. With Drive -Through Facility. Establishments providing food and
beverage services to patrons remaining in automobiles. Includes drive -up
service.
e. 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.
9. 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.
10. Food and Beverage Sales. Retail sales of food and beverages for off-
site 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
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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 offsite 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 9.31.150, 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.
11. 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.
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12. 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 Occupations for further details.
13. 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 Services -Physical Training.
14. 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 one or more occupants of the unit. See Division 3, Section
9.31.170, Live -Work Units, for further details.
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15. 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
four 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.
16. Maintenance and Repair Service. Establishments engaged in the
maintenance or repair of office machines, household appliances, furniture, and
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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).
17. Mobile Food Truck Off -Street Venue. A location where the commercial
vending of food occurs from parked vehicles.
18. 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.
19. Offices. Offices of firms, organizations (for-profit and non-profit), 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,
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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).
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20. Parking, Public or Private. Structures and surface lots offering parking
for a fee when such use is not incidental to another on-site activity.
21. 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 large-scale
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 of five or less persons. This
classification also includes exclusively youth -serving studios of less than
3,000 square feet offering performing arts, dance, martial arts, physical
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exercise, and similar types of instruction to classes and groups of more
than five persons.
C. Tattoo or Body Modification Parlor. An establishment whose principal
business activity is one or more of the following: 1) 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 2) 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.
22. 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. 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
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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.
c. 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.
d. 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 percent of the floor
area.
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e. Medical Marijuana Dispensary. Any facility, building, structure, or
fixed location where one or more qualified patients and/or persons with
identification cards and/or primary caregivers cultivate, distribute, sell,
dispense, transmit, process, exchange, give away, or otherwise make
available marijuana for medical purposes. The terms "primary caregiver,"
"qualified patient," and "person with an identification card" shall be as
defined in California Health and Safety Code Section 11362.5 et seq.
i. A Medical Marijuana Dispensary shall not include the following
uses, as long as the location of such uses are otherwise regulated by
applicable law and as long as any such use complies strictly with
applicable law including, but not limited to, California Health and
Safety Code Section 11362.5 et seq.:
(1) A clinic licensed pursuant to Chapter 1 of Division 2 of the
California Health and Safety Code.
(2) A health care facility licensed pursuant to Chapter 2 of
Division 2 of the California Health and Safety Code.
(3) A residential care facility for persons with chronic life-
threatening illness licensed pursuant to Chapter 3.01 of Division
2 of the California Health and Safety Code.
(4) A residential care facility for the elderly licensed pursuant to
Chapter 3.2 of Division 2 of the California Health and Safety
Code.
(5) A residential hospice, or a home health agency licensed
pursuant to Chapter 8 of the California Health and Safety Code.
ii. A Medical Marijuana Dispensary shall also not include any
dwelling unit where qualified patients or persons with an identification
card permanently reside and collectively or cooperatively cultivate
marijuana on-site for their own personal medical use and does not
include the provision, cultivation, or distribution of medical marijuana
at this dwelling unit by primary caregivers for the personal medical
use of the qualified patients or persons with an identification card who
have designated the individual(s) as a primary caregiver, in
accordance with California Health and Safety Code Sections 11362.5
and 11362.7 et seq.
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,
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Swap Meets, and 9.31.220, Outdoor Retail Display and Sales, for further
details.
23. Restaurants. See Eating and Drinking Establishments.
24. Sexually -Oriented Business. See Chapter 9.59, Sexually -Oriented
Businesses, for details.
C. Industrial Use Classifications.
1. 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.
2. 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).
3. Construction and Material Yard. Storage of construction materials or
equipment on a site other than a construction site.
4. 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.
5. 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 for off-site consumption. Typical food manufacturing uses
include canners, roasters, breweries, wholesale bakeries, and frozen food
manufacturers.
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6. 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.
7. 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.
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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.
8. 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.
9. 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.
10. 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,
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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 mini -
warehouses 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.
& 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 wireless
telecommunication towers and facilities, radio towers, television towers,
telephone exchange/microwave relay towers, and cellular telephone
transmission/personal communications systems towers. See Division 3,
Chapter 9.41, Telecommunications Facilities, for further details.
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
three 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, non -emergency medical transport,
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local messenger and document delivery services, home cleaning services, and
similar businesses. This classification does not include towing operations (see
AutomobileNehicle Sales and Service, Towing and Impound) or taxi or
delivery services with two 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.
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SECTION 14. 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 15. 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 16. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
LANE DILG
City Attorney
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Approved and adopted this 12th day of December, 2017.
Ted Winterer, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Esterlina Lugo, Deputy City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Ordinance No. 2567 (CCS) had its introduction on
December 5, 2017, and was adopted at the Santa Monica City Council meeting
held on December 12, 2017, by the following vote:
AYES: Councilmembers Himmelrich, McKeown, O'Connor, O'Day, Vazquez,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
a
Esterlina Lugo, Deputy City C
/ I cr //-A� I IE�
ate
A summary of Ordinance No. 2567 (CCS) was duly published pursuant to
California Government Code Section 40806.