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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 1 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 2 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 3 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. 12 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. 5 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 ^V 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. rA 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: PIP441IYrIJ,F1i UWIr 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. 10 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. 11 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. 12 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). 13 (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 14 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. 15 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. 16 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 17 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. in 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. 19 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. 20 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. 21 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. 22 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 23 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. 26 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. W 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. 31 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. 32 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 50 (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 51 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 52 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. 56 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. 57 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 61 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. 63 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. 65 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, 70 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 71 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. 72 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. 73 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 74 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, 75 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). 76 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 77 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 WI 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. 79 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, m 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. W 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. M 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, m 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, :: 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. :• 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 4111 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.