SR 04-09-2019 7B
City Council
Report
City Council Meeting: April 9, 2019
Agenda Item: 7.B
1 of 2
To: Mayor and City Council
From: Lane Dilg, City Attorney, City Attorney’s Office
Subject: Second Reading and Adoption of Ordinance Making Changes, Corrections,
and Clarifications to the City's Zoning Ordinance Related to Policy Issues that
have Arisen Since the Adoption of the Zoning Ordinance Through Its
Implementation; Amending the Zoning Ordinance and Santa Monica
Municipal Code Sections 6.14.040 Related to Fortunetelling; and Amending
the Official Districting Map for 1411 Cloverfield Boulevard
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Executive Summary
At its meeting of March 26, 2019, the City Council introduced for first reading an
ordinance making changes, corrections, and clarifications to the City’s Zo ning
Ordinance related to policy issues that have arisen since the adoption of the Zoning
Ordinance through its implementation; amending the Zoning Ordinance and Santa
Monica Municipal Code Section 6.14.040 related to fortunetelling; and amending the
Official Districting Map for 1411 Cloverfield Boulevard.
The ordinance is now presented to City Council for adoption.
Prepared By: Elsa Kapsinow, Executive Assistant to the City Attorney
Approved
Forwarded to Council
2 of 2
Attachments:
A. PCD - ZO Update - Fortunetelling - 04.09.2019 2nd Rdg
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City Council Meeting: April 9, 2019 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA MAKING CHANGES, CORRECTIONS, AND CLARIFICATIONS TO
THE CITY’S ZONING ORDINANCE AND ARTICLE 9 OF THE SANTA MONICA
MUNICIPAL CODE; AMENDING THE TEXT OF THE CITY’S ZONING ORDINANCE
AND SANTA MONICA MUNICIPAL CODE SECTION 6.14.040 RELATED TO
FORTUNETELLING REGULATIONS; AMENDING THE TEXT OF SECTION 9.24.040
TO PROHIBIT CONVERSION OF A HOTEL OR MOTEL TO A CONDOMINIUM
PROJECT; AND AMENDING THE OFFICIAL DISTRICTING MAP FOR 1411
CLOVERFIELD BOULEVARD
WHEREAS, on July 6, 2010, the City Council adopted the Land Use and
Circulation Element (“LUCE”) of the City’s General Plan; and
WHEREAS, the City’s new Zoning Ordinance, Chapters 9.01 through 9.52 of
Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”), became effective on
July 24, 2015; and
WHEREAS, since the adoption of the Zoning Ordinance in 2015 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, 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 December 5, 2017 and June 12, 2018, following Planning
Commission review and recommendations, the City Council adopted Ordinances making
changes, corrections, and clarifications to the text of the Zoning Ordinance related to
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policy issues that have arisen since the adoption of the Zoning Ordinance through its
implementation; and
WHEREAS, certain additional policy issues were identified through staff review,
Commission and Council recommendations, and public inquiry that require attention due
to Commission and Council direction, challenges in implementation, or in response to
State law; and
WHEREAS, the LUCE encourages hotel and other visitor-serving uses that
support the economic vitality of the City; and
WHEREAS, prohibiting the conversion of hotels will preserve the City’s supply of
hotel and motel uses, thereby protecting the City’s economic vitality and furthering access
to the Coast and the goals of the City’s General Plan; and
WHEREAS, on October 17, 2018, the Planning Commission adopted a Resolution
of Intent, Resolution No. 18-011, declaring its intention to consider recommending to the
City Council that the City Council make those changes, corrections, and clarifications to
the Zoning Ordinance related to policy issues identified through staff review, Commission
and Council recommendation, and public inquiry; and
WHEREAS, on December 5, 2018, the Planning Commission conducted a public
hearing to begin a preliminary discussion of those changes, corrections and clarifications;
and
WHEREAS, the California Supreme Court in Spiritual Psychic Church v. Asuza,
39 Cal. 3d 501 (1985) held that fortunetelling is a constitutionally protected activity;
WHEREAS, the City is authorized to impose reasonable time, place, and manner
restrictions on the conduct of the First Amendment activities, including fortunetelling;
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WHEREAS, the City has long prohibited any person from using occult or psychic
powers, faculties, or forces, spirits cards, talismans, charms, potions, magnetism, or
magnetized articles or substances, oriental mysteries or any craft or art to purport to or
find or restore lost or stolen property or love or friendship or affection and demand or
receive directly or indirectly a fee or reward or accept any donation therefor;
WHEREAS, on October 13, 2009, the City Council adopted Ordinance Number
2297 to amend the land use and zoning regulations for fortunetelling by expanding the
locations where fortunetelling may be conducted;
WHEREAS, California Penal Code Section 332 prohibits any person from using
pretensions to fortune telling, tricks, and other means to fraudulently obtain from another
person money or property of any description;
WHEREAS, the City’s land use regulations related to fortunetelling activities are
not included in the Zoning Ordinance and have not been updated since prior to adoption
of the new Zoning Ordinance in 2015; and
WHEREAS, the City desires to include updated land use regulations related to
fortunetelling in the Zoning Ordinance and to amend Santa Monica Municipal Code
Section 6.14.040 to remove the land use regulations and to update the City’s regulatory
restrictions on fortunetelling; and
WHEREAS, the LUCE map designation for the parcel located at 1411 Cloverfield
Boulevard is inconsistent with its current use designation on the Official Districting Map;
and
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WHEREAS, amending the Official Districting Map for the parcel located at 1411
Cloverfield Boulevard will allow for the continued commercial use of the parcel consistent
with the commercial designation set forth in the LUCE ; and
WHEREAS, on January 16, 2019, the Planning Commission adopted a Resolution
of Intent, Resolution No. 19-002, declaring its intention to consider recommending to the
City Council that the City Council amend the text of the Zoning Ordinance related to
fortunetelling activities and the Official Districting Map for the parcel located at 1411
Cloverfield Boulevard; and
WHEREAS, the Planning Commission conduced a duly noticed public hearing on
February 6, 2019, and, after considering oral and written testimony regarding the
proposed amendments to the text of the Zoning Ordinance, made the following findings :
1. The proposed amendments to the text of the Zoning Ordinance are
consistent with the General Plan and any applicable Specific Plans 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 and in some cases further increase consistency with the LUCE and
Downtown Community Plan; and
2. The proposed amendments to the text of the Zoning Ordinance are
consistent with the purpose of the Zoning Ordinance to promote the growth of the
City in an orderly manner and to promote and protect the public health, safety, and
general welfare in that the proposed amendments maintain the existing policies,
5
standards, and regulations of the Zoning Ordinance that promote the public health
safety and welfare, and further ensure consistency with state law; and
WHEREAS, at its February 6, 2019 hearing, the Planning Commission, after
considering oral and written testimony regarding the proposed amendment to the Official
Districting Map for the parcel located at 1411 Cloverfield Boulevard made the following
findings:
1. The change in district boundaries is consistent with the General Plan
in that the LUCE designation for the parcel located at 1411 Cloverfield Boulevard
is inconsistent with its current use designation on the Official Districting Map; and
2. The change in district boundaries is consistent with the purpose of
the Zoning Ordinance to promote the growth of the City in an order ly manner and
to promote and protect the public health, safety and general welfare in that the
change will allow for the continued commercial use of the parcel consistent with
the commercial designation set forth in the LUCE and its current use; and
3. The change in district boundaries is necessary to achieve the
balance of land uses desired by the City, consistent with the General Plan, and to
increase the inventory of land within a given Zoning District; and
WHEREAS, the Planning Commission further made a recommendation that the
City Council adopt the proposed amendments to the text of the Zoning Ordinance and to
the Official Districting Map; and
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WHEREAS, on March 26, 2019, the City Council conducted a duly noticed hearing
to consider the findings and recommendations of the Planning Commission, and desires
to adopt the proposed Zoning Ordinance amendments set forth below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Based upon the oral and written testimony presented to the City
Council at the public hearing on March 26, 2019 regarding the proposed changes to the
text of the Zoning Ordinance, the City Council hereby makes the following findings:
1. The proposed amendments to the text of the Zoning Ordinance are
consistent with the General Plan and any applicable Specific Plans 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 and in some
cases further increase consistency with the LUCE and Downtown Community Plan.
2. The proposed amendments to the text of the Zoning Ordinance are
consistent with the purpose of the Zoning Ordinance to promote the growth of the City in
an orderly manner and to promote and protect the public health, safety, and general
welfare in that the proposed amendments maintain the existing policies, standards, and
regulations of the Zoning Ordinance that promote the public health safety and welfare,
and further ensure consistency with state law.
SECTION 2. Based upon the oral and written testimony presented to the City
Council at the public hearing on March 6, 2019 regarding amending the Official Districting
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Map for the parcel located at 1411 Cloverfield Boulevard, the City Council hereby makes
the following findings:
1. The change in district boundaries is consistent in principle with the
General Plan in that the parcel has historically been zoned and used commercially,
and its current LUCE land use designation is a Mixed-Use Boulevard Low
commercial designation. The change will make the zoning of 1411 Cloverfield
Boulevard consistent with its existing land use designation.
2. The change in district boundaries is consistent with the purpose of
this Ordinance to promote the growth of the City in an orderly manner and to
promote and protect the public health, safety, and general welfare in that the parcel
has historically been zoned and used commercially, and the change will maintain
this historic commercial zoning and use.
3. The change in district boundaries is necessary to achieve the
balance of land uses desired by the City, consistent with the General Plan, and to
increase the inventory of land within a given Zoning District in that the parcel has
historically been zoned and used commercially, and the change will maintain this
historic commercial zoning and use.
SECTION 3. Santa Monica Municipal Code Section 6.14.060 is hereby amended
to read as follows:
Section 6.14.040 Fortunetelling.
No person shall provide, or cause to be provided, fortunetelling services and
demand or receive, directly or indirectly, a fee or reward, or accept any donation for the
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exercise or exhibition of fortunetelling services, or give an exhibition of fortunetelling
services at any place where a fee, donation or reward is charged or received, directly or
indirectly, as a condition of entry without having first obtained a business license from the
City. Fortunetelling services shall include, but not be limited to, the telling of fortunes,
forecasting of futures, or furnishing of any information not otherwise obtainable by the
ordinary process of knowledge, by means of any occult or psychic po wer, faculty or force,
psychic reading, occult reading, clairvoyance, clairaudience, cartomancy, psychometry,
phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry,
necromancy, mindreading, tarot card readings, tea leaves, telepathy or other craft, art,
science, cards, talisman, charm, potion, magnetism, magnetized article or substance,
crystal gazing, or magic of any kind or nature.
Except on the Santa Monica Pier, or along Ocean Front Walk in the RVC District
or along Santa Monica Boulevard and Lincoln Boulevard in the C4 District where, if duly
licensed under the provisions of this Code, a person may engage in fortune telling for
amusement purposes, no person shall carry on, practice or profess to practice the
business or art of astrology, palmistry, phrenology, life reading, fortune telling,
cartomancy, clairvoyance, clairaudience, crystal gazing, mediumship, oriental mysteries,
spirit photography, spiritwriting, spirit voices, spirit materialization, etherealization,
numerology, physiognomy, psychometry, seership, prophecy, augury, divination, magic
or necromancy, or other similar art or business, and demand or receive directly or
indirectly, a fee or reward, or accept any donation for the exercise or exhibition of this art
therein, or give an exhibition thereof at any place where an admission fee, donation or
reward is charged or received, directly or indirectly.
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(a) Prohibited Acts. No person shall, by means of occult or psychic powers,
faculties, or forces, spirits, cards, talismans, charms, potions, magnetism, or magnetized
articles or substances, oriental mysteries or any craft or art described in the preceding
subsection purport to or find or restore lost or stolen property, locate oil wells, gold or
silver or other ore or metal or natural product, restore lost love or friendship or affection,
unite or procure lovers, husbands, wives, lost relatives or friends, or by such means give
any counseling or advice whatsoever, and demand or receive directly or indirectly a fee
or reward or accept any donation therefor.
(b) Advertising Illegal Acts. No person shall advertise by sign, circular,
handbill, or in any newspaper, periodical or magazine, or other publication or publications,
radio, television, or by any other media or means, that he or she will do anything which is
prohibited by this subsection.
SECTION 4. Santa Monica Municipal Code Section 9.10.040 is hereby amended
to read as follows:
Section 9.10.040 Land Use Regulations
Table 9.10.040 prescribes the land use regulations for Downtown Districts. The
regulations for each district are established by letter designations below. These
designations apply strictly to the permissibility of land uses; applications for buildings or
structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with
specific limitations listed at the end of the table.
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“MUP” designates use classifications that are permitted after review and appro val of a
Minor Use Permit.
“CUP” designates use classifications that are permitted after review and approval of a
Conditional Use Permit.
“—” designates uses that are not permitted.
Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the Santa
Monica Municipal code (“Zoning Ordinance”). Use classifications and sub-classifications
not listed in the table are prohibited. Accessory uses are permissible when they are
determined by the Zoning Administrator to be necessary and customarily associated with
and appropriate, incidental, and subordinate to, the principal uses and which are
consistent and not more disturbing or disruptive than permitted uses. The table al so notes
additional use regulations that apply to various uses. Section numbers in the right -hand
column refer to other Sections of this Ordinance.
Use
Classification LT NV
BC
(Prome
nade)
BC (2nd
& 4th
Streets) TA OT WT
Additional
Regulations
Residential Uses
Residential
Housing Types
See sub-classifications below.
Single Unit
Dwelling L(1) L(1) L(1) L(1) L(1) L(1) L(1)
Accessory
Dwelling Unit - - - - - - -
Duplex P L(3) L(1) L(1) L(1) L(1) L(1)
Multiple-Unit
Structure L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Senior Citizen
Multiple-Unit
Residential
L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Single-Room
Occupancy
Housing
L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Group
Residential MUP MUP,
L(3)
MUP,
L(1)
MUP,
L(1) MUP MUP MUP
11
Use
Classification LT NV
BC
(Prome
nade)
BC (2nd
& 4th
Streets) TA OT WT
Additional
Regulations
Congregate
Housing P MUP,
L(3)
CUP,
L(1)
CUP,
L(1) MUP MUP MUP
SMMC
Section
9.31.110,
Congregate
and
Transitional
Housing
Senior Group
Residential P MUP,
L(3)
MUP,
L(1)
MUP,
L(1) MUP, L(1) MUP,
L(1)
MUP,
L(1)
SMMC
Section
9.31.310,
Senior Group
Residential
Elderly and
Long-Term
Care
P L(3) L(1) L(1) L(1) L(1) L(1)
Emergency
Shelters L(6)/CUP L(6)/
CUP
CUP/L(
1)
L(1),
L(6)/
CUP
L(6)/CUP L(6)/
CUP
L(6)/
CUP
Family Day Care See sub-classifications below.
Large L(1) L(3) L(1) L(1) L(1) L(1) L(1)
SMMC
Section
9.31.140,
Family Day
Care, Large
Small L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Residential
Facilities See sub-classifications below.
Residential
Care, General P L(3) L(1) L(1) P L(1) L(1) SMMC
Section
9.31.270,
Residential
Care
Facilities
Residential
Care, Limited P L(3) L(1) L(1) P L(1) L(1)
Residential
Care, Senior P L(3) L(1) L(1) P L(1) L(1)
Hospice,
General P L(3) L(1) L(1) P L(1) L(1)
Hospice,
Limited P L(3) L(1) L(1) P L(1) L(1)
Supportive
Housing P L(3) L(1) L(1) L(1) L(1) L(1)
Transitional
Housing P L(3) L(1) L(1) L(1) L(1) L(1)
Public and Semi-Public Uses
Adult Day Care L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Child Care and
Early Education
Facilities
P P L(1) P P P P
SMMC
Section
9.31.120,
Child Care
12
Use
Classification LT NV
BC
(Prome
nade)
BC (2nd
& 4th
Streets) TA OT WT
Additional
Regulations
and Early
Education
Facilities
Colleges and
Trade Schools,
Public or Private
CUP L(1) L(1) L(1) L(1) L(1) L(1)
Community
Assembly L(7)/CUP CUP - P CUP L(1) L(7)/
CUP
Community
Gardens P P - P P P P
Cultural Facilities P P P P P P P
Hospitals and
Clinics P P L(1) L(1) P - P
Park and
Recreation
Facilities, Public
P P P P P P P
Public Safety
Facilities P P P P P P P
Schools, Public
or Private CUP L(3) L(1) P P - CUP
Social Service
Centers P P - P P P P
SMMC
Section
9.31.350,
Social
Service
Centers
Commercial Uses
Animal Care,
Sales, and
Services
See sub-classifications below.
Grooming and
Pet Stores L(5)/CUP L(5)/CU
P
L(5)/CU
P
L(5)/
CUP L(5)/ CUP L(5)/
CUP
L(5)/
CUP
No more
than 10 dogs
or cats can
be kept
overnight
Pet Day Care
Services MUP MUP - MUP MUP MUP MUP
Veterinary
Services MUP MUP - MUP MUP - MUP
Automobile/Vehic
le Sales and
Service
See sub-classifications below.
Alternative
Fuels and
Recharging
Facilities
CUP/ L(19) CUP/
L(19) - - CUP/
L(19) - -
13
Use
Classification LT NV
BC
(Prome
nade)
BC (2nd
& 4th
Streets) TA OT WT
Additional
Regulations
Automobile
Rental L(10) L(10) L(10) L(10) L(10) L(10) L(10)
Automobile
Storage Use
- - - - - - -
New
Automobile/Veh
icle Sales and
Leasing
L(8),
L(5)/CUP
L(8),
L(5)/CU
P
L(8),
L(5)/CU
P
L(8),
L(5)/
CUP
L(8),
L(5)/CUP
- -
Additions
7,500 sq ft or
less to
Automobile/
Vehicle Sales
and Leasing
buildings
existing as of
7/06/2010
L(20)/ MUP - - - - - - SMMC
Section
9.31.070
Automobile/
Vehicle
Sales,
Leasing, and
Storage
Additions
larger than
7,500 sq ft to
Automobile/V
ehicle Sales
and Leasing
buildings
existing as of
7/06/2010
L(20)/ CUP - - - - - -
Automobile/Veh
icle Repair,
Major
L(19) - - - - - -
Automobile/Veh
icle Service and
Repair, Minor
L(19) - - - - - -
Automobile/Veh
icle Washing
L(19) - - - - - -
Service Station L(19) L(19) - - L(19) - -
Towing and
Impound
- - - - - - -
Banks and
Financial
Institutions
See sub-classifications below.
Banks and
Credit Unions
L(4)/CUP L(3),
L(5)/CU
P
- - L(4)/ CUP L(4)/
CUP
L(4)/
CUP
Check Cashing
Businesses
- - - - - - -
Business
Services
L(5)/CUP L(5)/CU
P
- L(5)/
CUP
L(5)/ CUP L(5)/
CUP
L(5)/
CUP
14
Use
Classification LT NV
BC
(Prome
nade)
BC (2nd
& 4th
Streets) TA OT WT
Additional
Regulations
Commercial
Entertainment
and Recreation
See sub-classifications below.
Cinemas &
Theaters, up to
99 seats
- CUP P P P - -
Cinemas &
Theaters, more
than 99 seats
- - CUP CUP CUP - -
Convention and
Conference
Centers
CUP CUP CUP CUP CUP CUP CUP
Large-Scale
Facility
L(21)/CUP L(21)/C
UP
L(21)/C
UP
L(21)/
CUP
L(21)/CUP L(21)/C
UP
-
Small-Scale
Facility
L(5)/CUP L(5)/CU
P
L(5)/CU
P
L(5)/
CUP
L(5)/CUP L(5)/
CUP
L(5)/
CUP
SMMC
Section
9.31.340,
Small Scale
Facility
Fortunetelling
P P P P P P P
Eating and
Drinking
Establishments
See sub-classifications below.
Bars/Nightclubs
/Lounges
CUP CUP CUP CUP CUP CUP(10) -
Restaurants,
Full-Service,
Limited Service
& Take-out
(2,500 sq ft and
smaller,
including
Outdoor Dining
and Seating)
P P P P P P P SMMC
Section
9.31.040,
Alcoholic
Beverage
Sales
Restaurants,
Full-Service,
Limited Service
& Take-out
(2,501 – 5,000
sq ft, including
Outdoor Dining
and Seating)
MUP P P P P P MUP
SMMC
Section
9.31.280,
Restaurants,
Limited
Service, and
Take-Out
Only
15
Use
Classification LT NV
BC
(Prome
nade)
BC (2nd
& 4th
Streets) TA OT WT
Additional
Regulations
Restaurants,
Full-Service,
Limited Service
& Take-out
(greater than
5,000 sq ft,
including
Outdoor Dining
and Seating)
CUP P P P P P CUP SMMC
Section
9.31.200,
Outdoor
Dining and
Seating
Equipment Rental - - - - L(5)/CUP - -
Food and
Beverage Sales
See sub-classifications below.
Convenience
Market
CUP L(5)/CU
P
L(5)/CU
P
L(5)/
CUP
L(5)/CUP L(5)/
CUP
- SMMC
Section
9.31.040,
Alcoholic
Beverage
Sales
Farmers’
Market
CUP P P P P P P
General Market L(12)/ CUP L(12)/
CUP
L(12)/
CUP
L(12)/
CUP
L(12)/
CUP
L(12)/
CUP
L(12)/
CUP
SMMC
Section
9.31.040,
Alcoholic
Beverage
Sales
Liquor Stores CUP CUP CUP CUP CUP CUP -
Funeral Parlors
and Mortuaries
CUP - - - - - -
Instructional
Services
L(5)/CUP L(3),
L(5)/CU
P
L(1),
L(5)/CU
P
L(5)/
CUP
L(5)/CUP L(1),
L(5)/
CUP
L(1),
L(5)/
CUP
Live-Work L(13) L(3)(13) L(1)(13
)
L(13) L(13) L(1)(13) L(13) SMMC
Section
9.31.170,
Live-Work
Lodging See sub-classifications below.
Bed and
Breakfast
MUP MUP MUP MUP MUP MUP MUP SMMC
Section
9.31.090,
Bed and
Breakfasts
Hotels and
Motels
CUP CUP CUP CUP CUP CUP CUP,
L(19)
Maintenance and
Repair Services
L(5)/CUP - - - - - -
Nurseries and
Garden Centers
L(5)/CUP L(5)/CU
P
- L(5)/
CUP
L(5)/CUP - L(5)/
CUP
SMMC
Section
16
Use
Classification LT NV
BC
(Prome
nade)
BC (2nd
& 4th
Streets) TA OT WT
Additional
Regulations
9.31.220,
Outdoor
Retail
Display and
Sales
Offices See sub-classifications below.
Business and
Professional
L(14)/ CUP L(3),
L(5)/CU
P
L(1) L(1) L(3),
L(5)/CUP
L(1) L(1)
Creative L(14)/ CUP L(3),
L(5)/CU
P
L(1) L(1) L(3),
L(5)/CUP
L(1) L(1)
Medical and
Dental
L(14)/ CUP L(3),
L(5)/CU
P
L(1) L(1) L(3),
L(5)/CUP
L(1) L(1)
Walk-In
Clientele
L(14)/ CUP L(3),
L(5)/CU
P
L(1) L(5)/
CUP
L(3),
L(5)/CUP
L(5)/
CUP
L(5)/
CUP
Outdoor
Newsstands
MUP MUP MUP MUP MUP MUP MUP SMMC
Section
9.31.210,
Outdoor
Newsstands
Parking, Public or
Private
CUP CUP - CUP CUP,
L(11)
- CUP
Personal
Services
See sub-classifications below.
General
Personal
Services
L(5)/CUP L(5)/CU
P
L(1),
L(5)/CU
P
L(5)/
CUP
L(5)/CUP - L(5)/
CUP
SMMC
Section
9.31.230,
Personal
Service
Physical
Training
L(17),
L(5)/CUP
L(17),
L(5)/CU
P
L(1),
L(17),
L(5)/CU
P
L(17),
L(5)/
CUP
L(17),
L(5)/CUP
L(17),
L(5)/
CUP
L(17),
L(5)/
CUP
Tattoo or Body
Modification
Parlor
MUP MUP MUP MUP MUP MUP - SMMC
Section
9.31.230,
Personal
Service
Retail Sales See sub-classifications below.
Building
Materials Sales
and Services
P - - - - - - SMMC
Section
9.31.220,
17
Use
Classification LT NV
BC
(Prome
nade)
BC (2nd
& 4th
Streets) TA OT WT
Additional
Regulations
General Retail
Sales, Small-
Scale
L(5)/CUP L(5)/CU
P
P L(5)/
CUP
L(5)/ CUP L(5)/
CUP
L(5)/
CUP
Outdoor
Retail
Display and
Sales General Retail
Sales, Medium-
Scale
CUP CUP CUP CUP CUP - CUP
General Retail
Sales, Large-
Scale
- - - - - - -
Medical
Marijuana
Dispensaries
CUP - - - - - - SMMC
Section
9.31.185,
Medical
Marijuana
Dispensaries
Pawn Shops - - - - - - -
Swap Meets - - - - - - -
Industrial Uses
Artist’s Studio P P L(1) L(1) P P P
Commercial
Kitchens
- - - - CUP - -
Media Production See sub-classifications below.
Support
Facilities
L(14)/ CUP L(3),
L(5)/CU
P
L(1) L(1) L(3),
L(5)/CUP
L(1) L(1)
Transportation, Communication, and Utilities Uses
Bus/Rail
Passenger
Stations
P P P P P - P
City Bike Share
Facility
P P P P P P P
Communication
Facilities
See sub-classifications below.
Antennas and
Transmission
Towers
- - - - - - -
Equipment
within Buildings
- - - - - - -
Light Fleet-Based
Services
- - - - MUP - -
Utilities, Major L(18) - - - - - -
Utilities, Minor P P P P P P P
Specific Limitations:
(1) Limited to upper floors, and on the ground floor where the entire tenant space including the primary
entry shall be located at least 50 feet from the front property line, except for residential units shall be
limited to upper floors only.
18
(2) (Reserved)
(3) Between 4th and 4th Court, permitted in mid-block parcels on the ground floor and upper floors. On all
other parcels, permitted anywhere on the ground floor if the space has street frontage and was occupied
by office on, or is vacant but was occupied by office in the 12 months preceding, the date this Ordinance
is effective; otherwise, permitted on upper floors and on the ground floor where the entire tenant space
including the primary entry is located at least 50 feet from the front property line.
(4) Permitted except no ground floor tenant space shall exceed 20 linear f eet of ground floor street frontage
without a Conditional Use Permit.
(5) Permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective.
Permitted in new buildings, except:
(a) No individual ground floor tenant space shall occupy more than 7,500 square feet of floor area and/or
exceed 50 linear feet of ground floor street frontage without a Conditional Use Permit.
(b) Ground floor tenant spaces in the Santa Monica Place are not subject to size limitations.
(6) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency
shelters with 55 or more beds.
(7) Any community assembly facility abutting a residential district shall require approval of a Conditional
Use Permit.
(8) Limited to alternative fuel vehicle automobile dealer showrooms only.
(9) (Reserved)
(10) Permitted as an ancillary use to support a primary use.
(11) Limited to public parking facilities only.
(12) General Markets greater than 15,000 square feet require approval of a Conditional Use Permit, except
general markets in the Mixed-Use Boulevard district greater than 25,000 square feet require approval
of a Conditional Use Permit.
(13) If the commercial use requires a MUP or CUP, an application shall be required in accordance with
SMMC, Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be
approved where, given the design or proposed design of the live-work unit, there would be the potential
for adverse health impacts from the proposed use on the people residing in the unit. An example of a
potential health impact is the potential for food contamination from users that generate airborne
particulates in a unit with an unenclosed kitchen.
(14) All new construction requires approval of a Conditional Use Permit or permitted if within buildings
existing as of the date the ordinance codifie in this Chapter is effective, except:
(a) New additions of 50% or more additional square footage to an existing building at any one time, or
incrementally, after the effective date of the ordinance codified in this Chapter, requires approval of a
Conditional Use Permit.
(b) No ground floor, street-fronting, non-office or non-media production support facility use, non-medical
or non-dental office use tenant space shall be changed into an individual office use or a media
production support facility use, or individual medical or dental office use occupying more than 7,500
square feet of floor area and/or exceeding 50 linear feet of street frontage without the approval of a
Conditional Use Permit.
(15) (Reserved)
(16) Limited to public parking facilities only.
(17) Youth-serving personal services, physical training requires review and approval of passenger loading
and drop-off plan by the Director.
(18) Limited to electric distribution substations.
(19) Limited to legally established existing uses as of the date this Specific Plan is effective.
(20 Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing
dealerships conforming to the urban auto dealership format standards in Section 9.31.070,
Automobile/Vehicle Sales, Leasing and Storage are permitted. Expansions to existing dealerships of
7,500 square feet or less that do not conform to the urban auto dealership format standards shall require
an MUP. Expansions to existing dealerships larger than 7,500 square feet that do not conform to the
urban auto dealership formal standards shall require a CUP.
(21) No individual Fitness Center tenant space shall exceed 100 linear feet of ground floor street frontage
without the approval of a Conditional Use Permit.
19
A. Conversion of Any Portion of an Eating and Drinking Establishment to
Any Other New or Expanded Use Located on the Ground Floor within the BC
(Promenade) District.
1. The conversion of any portion of a n eating and drinking
establishment in existence as of the effective date of this Plan to any other new or
expanded use located on the ground floor within the BC (Promenade) District shall
obtain a Conditional Use Permit subject to the following additional findings being
made in the affirmative:
a. The proposed use would preserve the unique mixture of restaurants,
retail, and entertainment on the Third Street Promenade and maintain the
vitality and diversity of the Promenade;
b. The proposed use would retain at least 50% of the existing outdoor
dining or 500 square feet, whichever is greater;
c. For tenant spaces located on a corner, the eating and drinking
establishment use must remain entirely o the Third Street Promenade frontage.
For tenant spaces not located on a corner, the non-eating and drinking
establishment use does not occupy more than 33% of the Promenade frontage.
SECTION 5. Santa Monica Municipal Code Section 9.10.070 is hereby amended
to read as follows:
9.10.070 Project Requirements
A. Purpose. The purpose of this section is to implement LUCE policies which
require that as development is approved above the base FAR and height, it must
accompanied by a range of community benefits from four priority categories: Affordable
20
Housing, Trip Reduction and Traffic Management, Community Physical Improvements,
and Social and Cultural Facilities. In addition to promoting the development of additional
affordable housing and to maintaining existing City programs that provide incentives for
the production of affordable housing, these requirements are intended to reduce the
additional burdens more intense development allowed by the General Plan will impose
on the City by requiring applicants to pay additional fees to mitigate project impacts or, in
specific instances, allowing applicants to incorporate features into their projects.
B. Applicability. Except for 100% Affordable Housing Projects, the
requirements of this Chapter apply to all projects involving new development and
additions for which applicants propose to exceed the maximum base floor area or height
allowed for Tier 1 projects. The provisions of this Chapter establish the requirements
under which additional floor area and height may be allowed up to the Tier 2 or Tier 3
maximum standards established in the Downtown Community Plan.
C. Housing and Mixed-Use Residential Projects Qualifying Benefits. An
applicant seeking approval for a housing or mixed -use residential project that exceeds
the base floor area ratio or height allowed in the district where the project is located shall
provide community benefits in each of the following categories.
1. Housing. All Tier 2 projects and Tier 3 projects less than 75,000 up
to 90,000 square feet must meet the following requirements:
a. Affordable Housing. Subject to the modifications contained in this
Section 9.10.070, all of the affordable units shall comply with the provisions of
Chapter 9.64. As set forth in Table 9.10.070.A, applicants proposing residential
and mixed-use residential projects shall incorporate the following:
21
i. A percentage of the total number of units in the project,
corresponding with the height or FAR of the project, shall be deed-restricted
as on-site affordable housing units. Any fractional affordable housing unit
that results from this formula shall be provided as a whole affordable
housing unit (i.e., any resulting fraction shall be rounded up to be the next
larger integer).
22
Table 9.10.070.A: On-Site and Off-site Affordable Housing Requirements
Height
(Feet)
On-site
Affordable
Housing %
Off-site
Affordable
Housing %
On-Site
Affordable
Housing % for
Development
Agreements and
Planning
Applications
Complete on or
before 11/11/16
Off-Site
Affordable
Housing % for
Development
Agreements and
Planning
Applications
Complete on or
before 11/11/16
40-50 20% 25% 20% 25%
52 21% 26% 20% 25%
54 22% 27% 20% 25%
56 23% 28% 20% 25%
58 24% 29% 20% 25%
60 25% 30% 20% 25%
62 26% 31% 20% 25%
64 27% 32% 20% 25%
66 28% 33% 20% 25%
68 29% 34% 20% 25%
70-84 30% 35% 20% 25%
23
ii. Affordable housing units may be provided offsite pursuant to
Section 9.64.060 except that the total number of affordable housing units
shall be increased to the percentage of the total number of units in the
project as set forth in Table 9.10.070.A,. The offsite affordable housing
units shall meet the following conditions:
(1) the affordable housing units are owned in whole or part
and operated by a non-profit housing provider for the life of the
project;
(2) the Final Construction Permit Sign Off or Certificate of
Occupancy for the affordable units is issued prior to or
concurrently with the Tier 2 or qualifying Tier 3 project; and
(3) the location of the offsite location shall be within the
boundaries of the Downtown or within a one-quarter mile radius
of the market rate units.
iii. The total number of affordable housing units shall incorporate
the affordability mix specified in Table 9.10.070.B. Any fractional affordable
housing units that result from the percentage mix of total affordable housing
units shall be aggregated into whole affordable housing units (i.e. any
resulting fraction shall be added to other resulting fractions). The resulting
whole units may be provided at 30%, 50%, 80%, or Moderate-income
household affordability levels.
24
Table 9.10.070.B. Affordability
Affordability Level Affordability Mix of
Total Number of Affordable
Housing Units
30% Income
Household
20%
50% Income
Household
20%
80% Income
Household
30%
Moderate Income 30%
iv. An affordable housing unit shall have a minimum total floor
area of no less than the average floor area of comparable market rate units
in the project.
b. Unit Mix. Applicants proposing residential and mixed-use projects
shall incorporate the following:
i. For market rate units:
(1) At least 15% of the units shall be three-bedroom units;
(2) At least 20% of the units shall be two-bedroom units:
(3) No more than 15% of the units shall be studio units;
(4) The average number of bedrooms for all of the market rate
units combined shall be 1.2 or greater; and
25
(5) Notwithstanding subsections (C)(2)(a)(i)-(iii) above, any
fractional housing unit less than 0.5 that results from this unit mix shall
be rounded down to the next lower integer. Any fractional housing unit
of 0.5 or more that results from this units mix shall be rounded up to the
next larger integer.
ii. For affordable housing units:
(1) the average number of bedrooms for all of the affordable
housing units combined shall be equal to or greater than the average
number of bedrooms provided for all of the market rate units pursuant to
subsection (C)(2)(a) of this Section.
(2) Affordable housing units shall be no smaller than the average
size of comparable market rate units in the project.
iii. The Director may grant a waiver from this unit mix requirement
pursuant to the requirements and procedures for Waivers in SMMC Chapter
9.43.
2. Transportation Impact Fee.
a. All Tier 2 and Tier 3 less than 75,000 up to 90,000 square feet.
Projects shall pay an additional Transportation Impact Fee (TIF) of 90% of the
maximum allowable fee established in the Transportation Impact Fee nexus
study, for that portion of the floor area above the maximum Tier 1 floor area
allowed by the Downtown Community Plan.
26
3. Open Space.
a. All Tier 2 and Tier 3 less than 75,000 up to 90,000 square
feet. Projects shall pay an additional Parks and Recreation Development
Impact Fee of 90% of the maximum allowable fee established in the Parks and
Recreation Fee nexus study for that portion of the floor area above the
maximum Tier 1 floor area allowed by the Downtown Community Plan
4. Affordable Housing Commercial Linkage Fee.
a. All Tier 2 and Tier 3 less than 75,000 up to 90,000 square
feet. Commercial portions of mixed-use projects shall pay a housing mitigation
fee 23 percent above the base fee as required by Chapter 9.68, Affordable
Housing Commercial Linkage Fee Program for that portion of the floor area
above the maximum Tier 1 floor area allowed by the Downtown Community
Plan
5. Transportation Demand Management. All Tier 2 and Tier 3 less
than 75,000 up to 90,000 square feet residential and mixed-use projects shall
including the following Transportation Demand Management measures in addit ion
to those required by Chapter 9.53, Transportation Demand Management:
D. All Other Projects Qualifying Benefits. An applicant seeking approval for
Tier 2 and Tier 3 projects up to 30,000 square feet that are not residential or mixed -use
projects that exceed the base floor area or height allowed in the district where the project
is located shall provide community benefits in each of the following categories.
27
1. Impact Fees.
a. Affordable Housing Commercial Linkage Fee.
i. Tier 2 and Tier 3 less than up to 30,000 square feet – Projects
shall pay a housing mitigation fee 23% above the base fee as required by
Chapter 9.68, Affordable Housing Commercial Linkage Fee Program for
that portion of the floor area above the maximum Tier 1 floor area allowed
by the Downtown Community Plan
b. Transportation Impact Fee.
i. Tier 2 and Tier 3 less than up to 30,000 square feet – Projects
shall pay an additional transportation impact fee (TIF) 23% above the base
fee required by Chapter 9.66, Transportation Impact Fee Program, for that
portion of the floor area above the maximum Tier 1 floor area allowed by
the Downtown Community Plan.
c. Open Space.
i. Tier 2 and Tier 3 less than up to 30,000 square feet. Projects
shall pay an additional parks and recreation development impa ct fee 23%
above the base fee required by Chapter 9.67, Parks and Recreation Fee
Program, for that portion of the floor area above the maximum Tier 1 floor
area allowed by the Downtown Community Plan.
2. Transportation Demand Management. All Tier 2 and Tier 3
Projects shall include the following Transportation Demand Management
measures in addition to those required by Chapter 9.53, Transportation Demand
28
Management: bike valet, free of charge, during all automobile valet operating
hours.
SECTION 6. Santa Monica Municipal Code Section 9.11.020 is hereby amended
to read as follows:
Section 9.11.020 Land Use Regulations
Table 9.11.020 prescribes the land use regulations for Mixed -Use and Commercial
Districts. The regulations for each district are established by letter designations below.
These designations apply strictly to the permissibility of land uses; applications for
buildings or structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with
specific limitations listed at the end of the table.
“MUP” designates use classifications that are permitted after review and approval of a
Minor Use Permit.
“CUP” designates use classifications that are permitted after review and approval of a
Conditional Use Permit.
“—” designates uses that are not permitted.
Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the Santa
Monica Municipal code (“Zoning Ordinance”). Use classifications and sub-classifications
not listed in the table are prohibited. Accessory uses are permissible when they are
determined by the Zoning Administrator to be necessary and customarily associated with
and appropriate, incidental, and subordinate to, the principal uses and which are
consistent and not more disturbing or disruptive than permitted uses. The table also notes
29
additional use regulations that apply to various uses. Section numbers in the right -hand
column refer to other Sections of this Ordinance.
TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR
DISTRICTS
Use Classification MUBL MUB GC NC Additional
Regulations
Residential Uses
Residential Housing Types See sub-classifications below.
Single Unit Dwelling P P P P
Duplex P P P P
Multiple-Unit Structure P P P P
Senior Citizen Multiple-Unit
Residential P P P P
Single-Room Occupancy
Housing P P P P
Group Residential MUP MUP MUP MUP
Congregate Housing P P P P
Senior Group Residential P P P P
Section 9.31.310,
Senior Group
Residential
Elderly and Long-Term Care P P P –
Emergency Shelters L (3)/CUP L (3)/CUP L (3)/CUP L (3)/CUP Section 9.31.130,
Emergency Shelters
Family Day Care See sub-classifications below.
Large P P P P
Section 9.31.140,
Family Day Care,
Large
Small P P P P
Residential Facilities See sub-classifications below.
Residential Care, General P P P P
Section 9.31.270,
Residential Care
Facilities
Residential Care, Limited P P P P
Section 9.31.270,
Residential Care
Facilities
Residential Care, Senior P P P P
Section 9.31.270,
Residential Care
Facilities
Hospice, General P P P P
Hospice, Limited P P P P
Supportive Housing P P P P
Transitional Housing P P P P
30
TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR
DISTRICTS
Use Classification MUBL MUB GC NC Additional
Regulations
Public and Semi-Public Uses
Adult Day Care P P P L(2)/CUP
Child Care and Early Education
Facilities P P P L(2)/CUP
Section 9.31.120,
Child Care and
Early Education
Facilities
Colleges and Trade Schools,
Public or Private CUP CUP P CUP
Community Assembly L(18)/CUP L(18)/CUP L(18)/CUP L(18)/CUP
Community Gardens P P P P
Cultural Facilities P P P L(2)/CUP
Hospitals and Clinics – P CUP –
Park and Recreation Facilities,
Public P P P P
Public Safety Facilities P P P CUP
Schools, Public or Private P CUP CUP P
Social Service Centers P P P P
Section 9.31.350,
Social Service
Centers
Commercial Uses
Animal Care, Sales, and
Services See sub-classifications below.
Grooming and Pet Stores L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP
No more than 10
dogs or cats may be
kept overnight
Pet Day Care Services MUP MUP MUP MUP
Veterinary Services MUP MUP MUP MUP
Automobile/Vehicle Sales and
Service See sub-classifications below.
Alternative Fuels and
Recharging Facilities CUP CUP CUP CUP
Automobile Rental CUP MUP MUP – Section 9.31.050,
Automobile Rental
Automobile Storage Use L(4)/CUP – – –
New Automobile/Vehicle
Sales and Leasing – – CUP (6) –
Section 9.31.070,
Automobile/Vehicle
Sales, Leasing, and
Storage
Additions 7,500 square
feet or less to
Automobile/Vehicle Sales
and Leasing buildings
L(5)/MUP L(5)/MUP L(5)/MUP –
Section 9.31.070,
Automobile/Vehicle
Sales, Leasing, and
Storage
31
TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR
DISTRICTS
Use Classification MUBL MUB GC NC Additional
Regulations
existing as of 07/06/2010
Additions larger than
7,500 square feet to
Automobile/
Vehicle Sales and
Leasing buildings existing
as of 07/06/2010
CUP (5) CUP (5) CUP (5) –
Section 9.31.070,
Automobile/Vehicle
Sales, Leasing, and
Storage
Automobile/Vehicle Repair,
Major – – CUP –
Section 9.31.060,
Automobile/Vehicle
Repair, Major and
Minor
Automobile/Vehicle Service
and Repair, Minor CUP – CUP –
Section 9.31.060,
Automobile/Vehicle
Repair, Major and
Minor
Automobile/Vehicle Washing – – CUP –
Section 9.31.080,
Automobile/Vehicle
Washing
Service Station CUP CUP MUP – Section 9.31.320,
Service Stations
Towing and Impound – – CUP –
Banks and Financial Institutions See sub-classifications below.
Banks and Credit Unions L(2)/CUP L(2)/CUP L(2)/CUP L(2)/CUP
Check Cashing Businesses – – – –
Business Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP
Commercial Entertainment and
Recreation See sub-classifications below.
Cinemas L(7) – – L(7)
Theaters L(8)/CUP L(8)/CUP L(8)/CUP L(8)/CUP
Convention and Conference
Centers – CUP CUP –
Large-Scale Facility CUP CUP CUP -
Small-Scale Facility L(9)/CUP L(9)/CUP L(9)/CUP CUP (16)
Section 9.31.340,
Small-Scale Facility,
Game Arcades
Fortunetelling
P P P P
Eating and Drinking
Establishments See sub-classifications below.
Bars/Nightclubs/Lounges CUP CUP CUP -
Section 9.31.040,
Alcoholic Beverage
Sales
32
TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR
DISTRICTS
Use Classification MUBL MUB GC NC Additional
Regulations
Restaurants, Full-Service,
Limited Service & Take-out
(2,500 square feet and
smaller, including Outdoor
Dining and Seating)
P P P L(10)(11)
Section 9.31.040,
Alcoholic Beverage
Sales
Section 9.31.280,
Restaurants,
Limited Service and
Take-Out Only
Section 9.31.290,
Restaurants With
Entertainment
Section 9.31.200,
Outdoor Dining and
Seating
Restaurants, Full-Service,
Limited Service & Take-out
(2,501 – 5,000 square feet,
including Outdoor Dining
and Seating)
MUP MUP MUP MUP (10)(11)
Section 9.31.040,
Alcoholic Beverage
Sales
Section 9.31.280,
Restaurants,
Limited Service and
Take-Out Only
Section 9.31.290,
Restaurants With
Entertainment
Section 9.31.200,
Outdoor Dining and
Seating
Restaurants, Full-Service,
Limited Service & Take-out
(greater than 5,000 square
feet, including Outdoor
Dining and Seating)
CUP CUP CUP CUP (10)(11)
Section 9.31.040,
Alcoholic Beverage
Sales
Section 9.31.280,
Restaurants,
Limited Service and
Take-Out Only
Section 9.31.290,
Restaurants With
Entertainment
Section 9.31.200,
Outdoor Dining and
Seating
Equipment Rental – L(19)/CUP L(19)/CUP –
Food and Beverage Sales See sub-classifications below.
Convenience Market CUP CUP CUP CUP
Section 9.31.040,
Alcoholic Beverage
Sales
Farmers Markets CUP CUP CUP CUP
33
TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR
DISTRICTS
Use Classification MUBL MUB GC NC Additional
Regulations
General Market L(12)/CUP L(12)/CUP L(12)/CUP L (12)/CUP
Section 9.31.040,
Alcoholic Beverage
Sales
Liquor Stores CUP CUP CUP CUP
Section 9.31.040,
Alcoholic Beverage
Sales
Funeral Parlors and Mortuaries – CUP CUP –
Instructional Services L(19)/CUP L(19)/CUP L(19)/CUP L(17)/CUP
Live-Work L(14) L(14) L(14) L(14) Section 9.31.170,
Live-Work
Lodging See sub-classifications below.
Bed and Breakfast MUP MUP MUP MUP Section 9.31.090,
Bed and Breakfasts
Hotels and Motels CUP CUP CUP –
Maintenance and Repair
Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP
Nurseries and Garden Centers L(19)/CUP L(19)/CUP L(19)/CUP L(17)/CUP
Section 9.31.220,
Outdoor Retail
Display and Sales
Offices See sub-classifications below.
Business and Professional L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Creative L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Medical and Dental L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Walk-In Clientele L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Outdoor Newsstands MUP MUP MUP MUP
Section 9.31.210,
Outdoor
Newsstands
Parking, Public or Private CUP CUP CUP CUP
Personal Services See sub-classifications below.
General Personal Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Section 9.31.230,
Personal Service
Personal Services, Physical
Training L(19)(20) L(19)(20) L(19)(20) L(2)(20)/CUP
Tattoo or Body Modification
Parlor MUP MUP MUP MUP Section 9.31.230,
Personal Service
Retail Sales See sub-classifications below.
Building Materials Sales and
Services – – CUP –
Section 9.31.220,
Outdoor Retail
Display and Sales
General Retail Sales, Small-
scale L(19)/CUP L(19)/CUP L(19)/CUP L (2)/CUP Section 9.31.220,
Outdoor Retail
34
TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR
DISTRICTS
Use Classification MUBL MUB GC NC Additional
Regulations
Display and Sales
General Retail Sales,
Medium-scale CUP CUP L(19)/CUP –
Section 9.31.220,
Outdoor Retail
Display and Sales
General Retail Sales, Large-
scale – – CUP –
Section 9.31.220,
Outdoor Retail
Display and Sales
Medical Marijuana
Dispensaries CUP(15) CUP(15) CUP(15) –
Section 9.31.185,
Medical Marijuana
Dispensaries
Pawn Shops – – – –
Swap Meets – – CUP – Section 9.31.360,
Swap Meets
Industrial Uses
Artist’s Studio P P P P
Commercial Kitchens – – CUP –
Media Production See sub-classifications below.
Support Facilities L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P P
City Bikeshare Facility P P P P
Communication Facilities See sub-classifications below.
Antennas and Transmission
Towers – – CUP –
Equipment within Buildings – – P –
Light Fleet-Based Services – – CUP –
Utilities, Major – L(13) L(13) –
Utilities, Minor P P P P
Specific Limitations:
(1) Reserved.
(2) Limited to facilities with no more than 7,500 square feet of floor area and/or 40 linear feet of
ground floor street frontage; great area and/or width requires approval of a Conditional Use
Permit.
(3) Limited to shelters containing less than 55 beds; Conditional Use Permit required for
emergency shelters with 55 or more beds.
(4) Limited to automobile storage use associated with existing automobile dealerships selling new
vehicles; otherwise, requires Conditional Use Permit.
(5) Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions t o
existing dealerships conforming to the Urban Auto Dealership Format standards in Section
9.31. 070, Automobile/Vehicle Sales, Leasing, and Storage are permitted. Expansions to
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existing dealerships that do not conform to the Urban Auto Dealership Format s tandards shall
require a MUP or CUP.
(6) New auto dealerships may be allowed, subject to approval of a Conditional Use Permit, only
on sites with frontage on Santa Monica Boulevard between Lincoln Boulevard and 20th Street
on Lincoln Boulevard between Interstate 10 and Santa Monica Boulevard. In other locations,
new automobile dealerships are not permitted.
(7) Limited to existing cinema buildings. New cinemas are not permitted.
(8) Limited to theaters with 75 or fewer seats. Theaters with more than 75 seats require Conditional
Use Permit.
(9) Limited to exercise facilities (e.g., yoga, Pilates, martial arts and dance studios) and arts
instruction facilities. Other Small-Scale Commercial Recreation uses require approval of a
Conditional Use Permit.
(10) Limited to restaurants with 50 or fewer seats.
(11) Limited to 2 restaurants greater than 2,500 square feet per block along Main Street. A block is
defined as both sides of Main Street and the adjacent sides of adjoining side streets. Portions
of Main Street to be designated a “block” for the purpose of this Section are as follows:
Block 1: South City Limits to Marine Street.
Block 2: Marine Street to Pier Avenue.
Block 3: Pier Avenue to Ashland Avenue.
Block 4: Ashland Avenue to Hill.
Block 5: Hill to Ocean Park Boulevard.
Block 6: Ocean Park Boulevard to Hollister Avenue (total of four restaurants and bars
permitted in this block).
Block 7: Hollister Avenue to Strand.
Block 8: Strand to Pacific.
Block 9: Pacific to Bicknell.
Block 10: Bicknell to Bay.
Block 11: Bay to Pico Boulevard.
North of Ocean Park Boulevard restaurants shall be subject to the following requirements:
Only one restaurant on the east side of each block shall be permitted.
No more than 200 seats per each block shall be permitted, except that no more
than 400 seats shall be permitted on Block 6.
On-sale alcohol outlets may not exceed 12 in number north of Ocean Park Boulevard. Of the
12 total on-sale outlets, no m ore than 5 shall have on-sale general licenses.
Bars may not exceed 4 in number south of Ocean Park Boulevard, nor 2 in number north of
Ocean Park Boulevard.
Existing uses and existing number of eats shall count toward the total number of bars and
restaurants and seating requirements permitted within the district.
(12) General Markets greater than 15000 square feet require a Conditional use permit. In the
Neighborhood Commercial district, establishments shall not exceed 25,000 square ft. of floor
area.
(13) Limited to electric distribution substations.
(14) If the commercial use requires a MUP or CUP, an application shall be required in accordance
with Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall
be approved where, given the design or proposed design of the Live-Work unit, there would be
the potential for adverse health impacts from the proposed use on the people residing in the
unit. An example o a potential health impact is the potential for food contamination from uses
that generate airborne particulates in a unit with an unenclosed kitchen.
(15) Medical Marijuana Dispensaries are limited to the following locations:
MUB District along Wilshire Boulevard between Lincoln Boulevard and Centinela Avenue;
GC District along Santa Monica Boulevard between Lincoln Boulevard and 20th Street;
and
MUBL District along Santa Monica Boulevard between 23rd Street and Centinela Avenue.
(16) Limited to facilities of nor more than 3,000 square feet of floor area.
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(17) No individual tenant space in the NC District shall occupy more than 7,500 square feet of floor
area and/or exceed 50 linear feet of ground floor street frontage without the approval of a
Conditional Use Permit.
(18) Any community assembly facility abutting a residential district shall require a Conditional Use
Permit.
(20) Youth-serving Personal Services, Physical Training requires review and approval of a
passenger loading and drop-off plan by the Director.
(21) Permitted if within buildings existing as of July 24, 2015, subject to the Active Use Requirement,
except:
All new construction, including new additions of 50% or more additional square footage to
an existing building at any one time, or incrementally, after the effective date of this
Ordinance, requires approval of a Conditional Use Permit.
In the NC District, ground floor, street-fronting, tenant space occupied by non -Media
Production, Support Facility uses shall not be changed to an individual office use or Media
Production, Support Facility use occupying more than 12,500 square feet of floor area
and/or exceeding 75 linear feet of street frontage without the approval of a Conditional Use
Permit.
In the NC District, no non-medical or non-dental office use tenant space shall be changed
to an individual medical or dental office use anywhere in an existing building occupying
more than 7,500 square feet of floor are and/or exceeding 50 linear feet of ground floor
street frontage without the approval of a Conditional Use Permit.
In the MUBL, MUB and GC Districts, no non-medical or non-dental office use tenant space
shall be changed to an individual medical or dental office use anywhere in an existing
building occupying more than 12,500 square feet of floor area and/or exceeding 75 linear
feet of ground floor street frontage without approve of a Conditional Use Permit.
SECTION 7. Santa Monica Municipal Code Section 9.14.020 is hereby amended
to read as follows:
Section 9.14.020 Land Use Regulations
Table 9.14.020 prescribes the land use regulations for the Oceanfront District. The
regulations for each district are established by letter designations below. These
designations apply strictly to the permissibility of land uses; applications for buildings or
structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with
specific limitations listed at the end of the table.
“MUP” designates use classifications that are permitted after review and approval of a
Minor Use Permit.
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“CUP” designates use classifications that are permitted after review and approval of a
Conditional Use Permit.
“—” designates uses that are not permitted.
Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the Santa
Monica Municipal code (“Zoning Ordinance”). Use classifications and sub-classifications
not listed in the table are prohibited. Accessory uses are permissible when they are
determined by the Zoning Administrator to be necessary and customarily associated with
and appropriate, incidental, and subordinate to, the principal uses and which are
consistent and not more disturbing or disruptive than permitted uses. The table also notes
additional use regulations that apply to various uses. Section numbers in the right-hand
column refer to other Sections of this Ordinance.
TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT
Use Classification OF Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.
Single Unit Dwelling P
Accessory Dwelling Unit P Section 9.31.300, Accessory
Dwelling Units
Duplex P
Multiple-Unit Dwelling P
Senior Citizen Multiple-Unit
Residential P
Single Room Occupancy
Housing P Section 9.31.330, Single Room
Occupancy Uses
Group Residential MUP
Congregate Housing P Section 9.31.110, Congregate and
Transitional Housing
Senior Group Residential P Section 9.31.310, Senior Group
Residential
Elderly and Long-Term Care P
Emergency Shelters CUP Section 9.31.130, Emergency
Shelters
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TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT
Use Classification OF Additional Regulations
Family Day Care See sub-classifications below.
Large P Section 9.31.140, Family Day
Care, Large
Small P
Residential Facilities See sub-classifications below.
Residential Care, General P Section 9.31.270, Residential
Care Facilities
Residential Care, Limited P Section 9.31.270, Residential
Care Facilities
Residential Care, Senior P Section 9.31.270, Residential
Care Facilities
Supportive Housing P
Transitional Housing P
Public and Semi-Public Uses
Adult Day Care CUP
Child Care and Early Education
Facilities CUP Section 9.31.120, Child Care and
Early Education Facilities
Cultural Facilities CUP
Park and Recreations Facilities,
Public P
Schools P
Commercial Uses
Automobile/Vehicle Sales and
Service See sub-classifications below.
Automobile Rental MUP Section 9.31.050, Automobile
Rental
Commercial, Entertainment, and
Recreation See sub-classifications below.
Theaters L (1)
Convention and Conference
Centers P
Small-Scale Facility P Section 9.31.340, Small-Scale
Facility, Game Arcades
Large-Scale Facility L (2)/CUP
Fortunetelling
P
Eating and Drinking
Establishments See sub-classifications below.
Bars/Nightclubs/Lounges L (3)/CUP Section 9.31.040, Alcoholic
Beverage Sales
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TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT
Use Classification OF Additional Regulations
Restaurants, Full-Service
including Outdoor Dining and
Seating
P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.290, Restaurants
With Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Chapter 9.20, Beach Overlay
District
Restaurants, Limited Service
and Take-Out Only including
Outdoor Dining and Seating
P
Section 9.21.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Only
Section 9.31.290, Restaurants
With Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Chapter 9.20, Beach Overlay
District
Food and Beverage Sales See sub-classifications below.
Convenience Markets P Section 9.31.040, Alcoholic
Beverage Sales
Farmers Markets MUP
General Markets L (4) Section 9.31.040, Alcoholic
Beverage Sales
Liquor Stores CUP Section 9.31.040, Alcoholic
Beverage Sales
Lodging See sub-classifications below.
Bed and Breakfast CUP
Within Designated Landmarks
only.
Section 9.31.090, Bed and
Breakfasts
Offices See sub-classifications below.
Business and Professional L (5)/CUP
Creative L (5)/CUP
Walk-In Clientele L (5)/CUP
Parking, Public or Private CUP
General Personal Services MUP
Retail Sales See sub-classifications below.
General Retail Sales, Small-
Scale P Section 9.31.220, Outdoor Retail
Display and Sales
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TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT
Use Classification OF Additional Regulations
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P
Specific Limitations:
(1) Limited to theaters for live performances.
(2) Existing large-scale commercial, entertainment, and recreation facilities existing as of the date
of this Ordinance are permitted. Any new large-scale commercial, entertainment, and
recreation facilities require approval of a Conditional Use Permit.
(3) Bars, nightclubs, and lounges are only permitted on the Pier, on Oceanfront Walk, and within
hotels.
(4) Limited to establishments with no more than 2,500 sq. ft. of floor area.
(5) Office uses on the ground floor street frontage may not exceed 25 percent of the parcel width
or 1,000 sq. ft., whichever is less.
SECTION 8. Santa Monica Municipal Code Section 9.22.060 is hereby amended
to read as follows:
9.22.060 Procedures
The following procedures shall govern the processing of a request for a density
bonus, incentive, concession, waiver, modification, or revised parking standard:
A. An application for a density bonus incentive, concession, waiver,
modification, or revised parking standard pursuant to this Chapter shall be submitted with
the first application for approval of a housing deve lopment and processed concurrently
with all other applications required for the housing development. The application shall be
submitted on a form prescribed by the City and shall include at least the following
information:
1. Site plan showing total number of units, number and location of
affordable housing units, and number and location of proposed density bonus
units;
2. Target income of affordable housing units and proposals for ensuring
affordability;
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3. Description of any requested incentives, concessions, waivers or
modifications of development standards, or modified parking standards. For all
incentives and concessions that are not included within the menu of
incentives/concessions set forth in subsection (B)(6) through (8) of Section
9.22.040 or set forth in subsection (A) of Section 9.22.040, the application shall
include a pro forma providing evidence that the requested incentives and
concessions result in identifiable, financially sufficient, and actual cost reductions.
The cost of reviewing any required pro forma or other financial data submitted as
part of the application in support of a request for an incentive/concession or
waiver/modification of developments standard, including, but not limited to, the
cost to the City of hiring a consultant to review said financial data shall be borne
by the developer. The pro forma shall include all of the following items:
a. The actual cost reduction achieved though the incentive;
b. Evidence that the cost reduction allows the applicant to provide
affordable units or affordable sales prices; and
c. Other information requested by the Director. The Director may
require any pro forma include information regarding capital costs , equity
investment, debt service, projected revenues, operating expenses, and such
other information as is required to evaluate the pro forma.
4. For any requested waiver of a development standard, the applicant
shall provide evidence that the development standard for which the waiver is
requested will have the effect of physically precluding the construction of the
residential project with the density bonus incentives requested;
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5. If a density bonus or concession is requested for a land donation, the
application shall show the location of the land to be dedication, provide proof of
site control, and provide evidence that all of the requirements and each of the
findings included in Government Code Section 65915(g) can be made; and
6. If a density bonus or concession is requested for a childcare facility,
the application shall show the location and square footage of the child care facilities
and provide evidence that all of the requirements and each of the findings included
in Government Code Section 65915(h) can be made.
B. In accordance with State law, neither the granting of a concession,
incentive, waiver, or modification nor the granting of a density bonus shall be interpreted,
in and of itself, to require a General Plan amendment, Zoning Ordinance, Variance, or
other discretionary approval except as provided in subsection (C) of this Section.
C. For housing developments requesting a waiver of a development standard
or an incentive/concession not included in subsection (B)(6) through (8) of
Section 9.22.040, the following shall apply:
1. Hearing and Notice. An application pursuant to this subsection shall
follow the procedures for Development Review Permits set forth in
Chapter 9.40 except the findings in paragraph (2) or (3) of this subsection shall
apply in lieu of the findings in Chapter 9.40. A public hearing shall be held by the
City Planning Commission and the Commission shall issue a determination:
2. Pursuant to Government Code Section 65915, if the applicant has
made the evidentiary showing required by subsection (A) of this Section, the
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Planning Commission shall approve requested incentives/concessions unless it
makes one of the following findings, supported by substantial evidence, that:
1. The Director shall grant the concession or incentive requested by the
applicant unless the Director makes a written finding, based upon substantial
evidence, of any of the following:
a. The incentive or concession is does not required result in identifiable
and actual cost reductions to provide for affordable housing costs as defined in
Section 50052.5 of the Health and Safety Code, or for rents for the affordable
units; or
b. The concession or incentive will have a specific adverse impact upon
public health and safety, or on the physical environment or on any real property
that is listed in the California Register of Historic Resources and for which there
is no feasible method to satisfactorily mitigate or avoid the specific adverse
impact without rendering the development unaffordable to low-income and
moderate, lower or very low income households; or
c. The concession or incentive would be contrary to State or Federal
law.
3. Pursuant to Government Code Section 65915, if the applicant has
made the evidentiary showing required by subsection (A) of this Section, the
Planning Commission shall approve a requested waiver unless it makes one of the
following findings supported by substantial evidence that:
a. The waiver would have a specific, adverse impact upon public health
or safety or the physical environment, and there is no feasible m ethod to
44
satisfactorily mitigate or avoid the specific adverse impact without rendering the
residential project unaffordable to low and moderate income households. For
purposes of this provision, “specific adverse impact” means a significant,
quantifiable, direct, and unavoidable impact, based on objective, identified,
written public health or safety standards, policies, or conditions as they existed
on the date that the application for the residential project was deemed
complete; or
b. The waiver would have an adverse impact on real property listed in
the California Register of Historic Resources; or
c. The waiver is contrary to State or Federal law.
4. Appeal. The decision of the Planning Commission may be appealed
to the City Council within 14 consecutive calendar days of the date the decision is
made in the manner provided in Section 9.37.130, Appeals.
SECTION 9. Santa Monica Municipal Coe Section 9.24.040 is hereby amended to
read as follows:
9.24.040 Condominium Conversions
A. No condominium conversion shall be approved unless:
A1. Removal of residential units from the rental market has been
approved by the Rent Control Board through issuance of a certificate of exemption
or removal permit when required.
B2. Tenants have been given a Tenant’s Notice of Intent to Convert
pursuant to the provisions of California Government Code Section 66427.1
(Subdivision Map Act) prior to filing a Notice of Pending Application to Convert with
45
the City Planning Division, such notice to be given by the applicant and contain
information as to tenants’ rights under State and local regulations
C3. A Notice of Pending Application to Convert has been filed with the
Planning Division prior to the filing of a Tentative Subdivision Map and Conditional
Use Permit Application. The notice shall include a copy of the Tenants’ Notice of
Intent to Convert and a Building Condition and History Report prepared by a
Building Inspection Service or similar agency acceptable to the Building Officer
and Fire Marshal. The report shall contain such information set forth on forms to
be provided by the Director, including, but not limited to: date of construction, a list
of all repairs and renovations to be made, an analysis of building conditions and
any violations of housing, fire, or building codes, a listing of the proposed
improvements to be carried out and an estimated time schedule, the present rent
schedule including type and length of tenancy, the estimated prices of the
converted units, a copy of the proposed CC&Rs, and a Tenant Rel ocation
Assistance Plan indicating the number of tenants interested in purchasing or
relocating and specific plans for assisting in relocation of tenants. The subdivider
shall furnish each prospective buyer with a copy of this Report together with the
CC&Rs.
D4. Within 60 days after the filing of a Notice of Pending Application to
Convert, the Planning Division has prepared and delivered to the applicant a
Conversion Report including a staff recommendation for approval or denial, a
listing of conditions or requirements recommended as a basis for approval, and
supportive reasons or justifications for such recommendations. No application for
46
Tentative Subdivision Map or Conditional Use Permit shall be accepted for filing
prior to preparation of a Conversion Report.
E5. Tenants have been notified in writing of all public hearings in
connection with an application for conversion and all tenants subsequent to the
initial notice of intent shall be notified in writing of the pending conversion prior to
occupancy.
F6. The structural, electrical, fire, and life safety systems of the structure
either are, or are proposed to be prior to the sale of the units, in a condition of good
repair and maintenance, including such alterations or repairs as are required by
the Building Officer.
G7. The structure presently has, or is intended to have plumbing in sound
condition, insulation of all water heaters, and where feasible, pipes for circulated
hot water, individual gas and electrical meters, except in such cases where
individual metering is clearly inadvisable or impractical, adequate and protected
trash areas, and such other requirements as may be imposed as a condition of
approval.
H8. Written notice of not less than one year from the date of tentative
approval has been given to all residential tenants to locate alternative housing.
I9. For residential conversions, the Planning Commission, or City
Council on appeal or review, determines that:
1a. The conversion is consistent with the General Plan;
2b. The vacancy factor of rental housing units in the City has exceeded
5 percent of the total rental housing inventory for a period of 90 days prior to
47
the date of approval. In calculating the vacancy factor, the Planning
Commission, or the City Council on appea l, shall consider the best available
data, including, but not limited to, studies by State and City agencies including
the Rent Control Board and data compiled by the Southern California
Association of Governments. Existing rental units may be approved for
conversion regardless of the vacancy factor where the Planning Commission
determines that a new rental unit has or will be added by the subdivider to the
City’s housing inventory for each rental unit removed through conversion;
3c. The subdivider has complied with such other requirements or
conditions as the Planning Commission, or City Council on appeal, shall believe
necessary or appropriate; and
4c. No conversion of rental units to market-rate condominiums or
cooperatives shall be permitted until the rental units demolished or converted
in 1978 and 1979 are replaced.
B. No hotel or motel conversion to a condominium project or cooperative
apartment shall be permitted.
SECTION 10. Santa Monica Municipal Code Section 9.25.040 is hereby amended
to read as follows:
Section 9.25.040 Requirements
The City shall not approve the demolition of any building or structure unless the
applicant has complied with all of the following conditions:
A. A removal permit has been granted by the Rent Control Board, when
required.
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B. For multi-unit dwelling structures or structures within a Neighborhood
Conservation Overlay District, the final permit to commence construction for a
replacement project has been issued, or the building or structure is exempt from this
requirement pursuant to Section 9.25.020. A property maintenance plan has been
approved in writing by the Director.
C. Prior to filing an application for a demolition permit, a notice of intent to
demolish in a form provided by the Director has been prominently posted on the property.
D. A Certificate of Appropriateness or Economic Hardship has been approved
by the Landmarks Commission or City Council on appeal, for demolition of any City -
Designated Historic Resource.
E. In addition to any other requirements imposed by this Section, no demolition
of buildings or structures, the original permit for which was issued more than 40 years
before the date of filing of the demolition permit application, shall be permitted unless the
following requirements have been met:
1. Within 7 days of receipt of all filing materials for a demolition permit for
such structures, the City shall transmit a copy of such application to each member
of the Landmarks Commission. Filing materials shall consist of a c ompleted
application form, site plan, 8 copies of a photograph of the building, and photo
verification that the property has been posted with a notice of intent to demolish.
2. If no application for the designation of a structure of merit, a landmark
or a historic district is filed in accordance with Chapter 9.56 within 75 days from
receipt of a complete application for demolition, demolition may be approved
subject to compliance with all other legal requirements, including this Section.
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3. If an application for a landmark, a historic district, or a structure of merit
is filed in accordance with Chapter 9.56 within 75 days from receipt of a complete
application for demolition, no demolition permit may be issued until after a final
determination is made by the Landmarks Commission, or the City Council on
appeal, on the landmark, historic district, or structure of merit designation
application. The application shall be processed in accordance with the procedures
set forth in Chapter 9.56.
a. The 75-day period can be extended by the property owner by written
consent.
b. No landmark, structure of merit, or historic district application can
be filed after the 75-day period has expired unless the demolition permit
expires.
F. No application subject to review by the Planning Commission, Architectural
Review Board, or Zoning Administrator, shall be accepted for filing unless the applicant
has completed the requirements of subsection E, as applicable. Notwithstanding the
foregoing, the City shall accept applications for 100% Affordable Housing Projects that
involve the demolition of existing buildings that (a) do not appear on the City’s Historic
Resources Inventory so long as a demolition permit application(s) for such building(s) is
filed prior to or concurrently with the application for the 100% Affordable Housing Project
or (b) involve the demolition of existing buildings that are on the City’s Historic Resources
Inventory so long as a demolition permit application(s) for such building(s) has been f iled
and the Landmarks Commission has held its preliminary review hearing regarding such
building(s) and has decided not to move to a full designation hearing for such building(s).
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SECTION 11. Santa Monica Municipal Code Section 9.28.090 is hereby amended
to read as follows:
9.28.090 Space-Efficient parking
Space-efficient parking is parking in which vehicles are stored and accessed by
mechanical stackers or lifts, automated parking systems, tandem spaces, or other space-
efficient means. Parking spaces may be space-efficient as described below, except for
spaces required and specifically designated for persons with disabilities unless designed
in compliance with the Americans with Disabilities Act.
A. Applicability. Space-efficient parking may be used in all Districts subject
to the requirements of 9.28.090.
B. Automated and Tandem Parking. All parking may be stored and accessed
by automated parking systems, mechanical stackers, tandem, or other space -efficient
means at the discretion of the City through the approval of a Parking and Loading
Operations Plan. The plan shall include information required by the Director to understand
the proposed parking operations and other information determined by the Director to be
necessary. Submittal of technical studies may also be required.
1. Tandem Parking Access. Tandem parking shall not require more
than 1 car to move under its own power to access the desired parking space and
must be managed in compliance with Section 9.28.110.
2. Attendant Requirement. Valet or attendant service is required at all
times unless it is determined that the parking may be operated self -sufficiently by
users, and queuing space is adequate for self -operation. Exceptions to the
attendant requirement are stated below.
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3. Residential Parking.
a. Projects with 2 or fewer dwelling units are exempt from the Parking
and Loading Operations Plan and attendant requirements.
b. An attendant is not required when tandem parking spaces are
assigned to the same unit as the parking stall blocking access. Mechanical
stackers require an attendant unless it can be demonstrated that the system
can be operated by users without an attendant and the Parking and Loading
Operations Plan includes a nonoperation plan.
c. An attendant is not required when an automated parking system is
determined to be independently accessible, it can be demonstrated that the
system can be operated by users without an attendance, and the Parking and
Loading Operations Plan includes a nonoperation plan.
4. Non-Residential and Mixed-Use Parking.
a. The maximum number of non-residential tandem parking spaces
may not exceed 25 percent of the total number of provided parking spaces
when no attendant is available. Mechanical stackers require an attendant
unless it can be demonstrated that the system can be operated by users
without an attendant and the Parking and Loading Operations Plan includes a
nonoperation plan.
b. Automated parking systems shall not result in queuing into any public
right-of-way. The applicant shall prepare a technical study comparing expected
traffic-intensity with parking system capacity to determine the amount of short-
term parking needed, if any, to mitigate the potential impacts from users
52
seeking short-term parking. At minimum, the study shall address peak parking
demand, the number of vehicles entering and exiting the facility, the cycle time
of the automated parking system, how the system is accessed, queuing space,
the number of attendants available, and the amount of short -term parking
spaces available.
c. An attendant is not required when an automated parking system is
determined to be independently accessible, it can be demonstrated that the
system can be operated by users without an attendant, and the Parking and
Loading Operations Plan includes a nonoperation plan.
5. Mechanical Parking Screening. Except for required ingress and
egress, all mechanical parking shall be fully enclosed screened or enclosed to the
maximum extent feasible to minimize any potential visual and noise impact s. The
Director may approve plans that modify the screening requirements in subsections
(a-c) below when the applicant can demonstrate that the parking and equipment
shall not be visible from adjacent parcels and/or public rights-of-way.
a. Screening Location. Except for required ingress and egress,
mechanical parking systems shall be screened on all sides. For mechanical
parking systems located in front of buildings and on surface parking lots, except
for required ingress and egress, the mechanical parking systems shall be fully
enclosed.
b. Screening Height. Screening for mechanical parking systems shall
be of sufficient height to screen both the mechanical equipment and the
vehicles contained on and within the mechanical equipment from adjacent
53
parcels. The height of any screening shall not exceed the height of the principal
building on the subject parcel.
c. Screening Materials. Screening materials shall be of sufficient
opacity to eliminate or significantly decrease the visibility of mechanical
equipment and vehicles from adjacent parcels or public rights-of-way.
d. Architectural Review. Except for single-unit dwellings, exterior
mechanical parking systems including screening and/or enclosures shall be
subject to architectural review. The design of any mechanical parking system
shall be compatible in design with the principal building on the subject parcel.
e. Noise Attenuation. All power-generating equipment shall be fully
enclosed and sound attenuated to comply with the noise standards in Section
4.12. If the power-generating equipment cannot be isolated from the
mechanical system, full enclosure of the mechanical parking systems and
parked vehicles shall be required.
6. Signage. Parking spaces shall have signage clarifying operations of
the spaces to users.
7. Space-Efficient Parking Spaces. Pursuant to Section 9.28.120(C),
exceptions to dimensional requirements may be granted for space-efficient
spaces.
C. Queuing Spaces.
1. Quantity Required. Off-street queuing space at the vehicular
entrance shall be provided at a minimum rate of 5 percent of the total space -
efficient parking provided or 2 queuing spaces, whichever is greater. For the
54
purpose of determining required queuing spaces, fractions equal to or greater than
one-half resulting from the calculations in this Section shall be considered to be
one queuing space.
2. Dimensions. In no event shall the dimensions of any queuing space
be less than 18 feet long and 8 feet, 6 inches wide.
3. Deviation from Requirement. Off-street queuing space at the
vehicle entrance shall be provided at the rate set forth in subsection (C)(1) of this
Section. The number of queuing spaces required pursuant to this Section may be
reduced when a technical study can demonstrate that the operational
characteristic of the parking facility and expected traffic intensity warrant such a
reduction.
4. Parking Facility Entry. For off-street parking facilities where
entering vehicles are required to stop before a mechanically operated barrier
before entering the parking facility, such barrier shall be placed a minimum of 18
feet from the parcel line where the entrance is accessed.
D. Operations.
1. Covenant for Operation. A “Covenant and Agreement Regarding
Maintenance of Mechanical Parking System” shall be recorded with the Los
Angeles County Recorder’s office to ensure vehicle parking system are maintained
in operable condition at all times.
2. Generator. Automated parking structures shall be equipped with an
on-site generator with sufficient capacity to store and retrieve cars if or when the
electrical power is down.
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3. Manual Override. Mechanical stacker lifts shall provide manual
override capability to access or remove cars from the parking lift in the event of a
power outage.
4. Covenant for Attendant. A “Covenant and Agreement to Provide
Parking Attendant” shall be recorded with the Los Angeles County Recorder’s
office when a parking attendant is required.
SECTION 12. Santa Monica Municipal Code Section 9.28.120 is hereby amended
to read as follows:
Section 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 accessway 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 Parking Single-Unit Residential
Districts. Subject to Section 9.28.120(B)(3), no more than 1 driveway to a public
street is allowed on a parcel with less than 100 linear feet of street frontage, an
no more than 2 driveways to a public street are allowed on a parcel with 100
linear feet or greater of street frontage.
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b. All Other Districts. Subject to subsection (B)(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. Th 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.
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 ally. 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
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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 share access between the properties
approved by the Director shall be recorded in the County Recorder’s 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 ad jacent street in
a forward direction. Vehicles using surface parking located within 25 feet of any
alley may enter an adjacent alley by backing out.
b. New parking spaces will only be allowed if shall be 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 is required
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.
a. Large Parking Areas. Parking areas with 20 ore 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.
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b. Pacific Coast Highway. Parcels with frontage less than 100 feet on
Pacific Cost Highway may be able to access parking utilizing up to 4
maneuvers.
9. Driveway Width. Driveway width shall be maintained free an 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 two 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 Sectoin 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 7.04.180.
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.
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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 2-car garage or carport: 20 feet in width by 18 feet in length, except
a private 2-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.
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 any driveways, aisles, and maneuvering areas.
3. Motorcycle spaces. Motorcycle parking spaces shall be no less
than 4 feet wide and 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 the parking space by
more than 3.5 feet and provided that the storage are is at least 4.5 feet above the
floor.
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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 a sight distance which comply with standards
established by the Director.
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 ore 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:
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a. Connection to Public Sidewalk. An on-site walkway shall connect the
main building entry to a public sidewalk on 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 thr ough 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 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 percent slope.
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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 plans instead of paving. Landscaping of parking areas shall
be provided and maintained according to the standards of Chapter 9.26, Landscaping.
I. Surfacing. All driveways and parking areas shall be surfaces with a
minimum thickness of 2 inches of asphaltic concrete over a minimum thickness of 4
inches of 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 9.21.120, 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 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
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front setback of the applicable Zoning District, where screening shall be 3 feet in
height.
2. Materials. Screening may consist of 1 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 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 .05 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 and 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.
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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.
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 requires 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 LEED TM 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 percent of parking spaces may be compact.
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SECTION 13. Santa Monica Municipal Code Section 9.43.020 is hereby amended
to read as follows:
Section 9.43.020 Applicability: Minor Modifications
A. The provisions of this Section shall apply to specific development proposals
that are for uses permitted by right or by discretionary review in the District. In no case
shall a minor modification be granted pursuant to this Chapter to permit a use or activity
that is not otherwise permitted in the District where the property is located, nor shall a
minor modification be granted that alters the procedural or timing requirements of this
Ordinance.
B. Subject to the requirements of this Chapter and except as provided in
subsection (C) of this Section, the Director may grant relief from no more than 2 of the
following dimensional requirements:
1. Setbacks. Up to 10 percent of the required front, side, and rear
setback standards.
2. Build-to Line. Up to 5 percent of the standards for building façade
location.
3. Parcel Coverage. Up to 5 percent of the maximum amount of parcel
coverage.
4. Height. Maximum height of buildings and structures, up to 5 percent
or 2 feet, whichever is less. The modified height shall not exceed the maximum
height permitted in the applicable land use district of the LUCE.
5. Transparency. Required ground-floor building transparency, up to
10 percent of minimum.
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6. Parking, Loading, and Circulation. Modifications to dimensional
standards that do not result in a reduction of required parking and loading spaces.
7. Outdoor Living Area. Allow common outdoor living area to be
substituted in lieu of minimum required private outdoor living area in an equivalent
amount. For the conversion of existing commercial or industrial buildings to live -
work units, allow a reduction in the minimum required op en space as necessary.
8. Bicycle Parking. Modification to the bicycle parking location
requirements set forth in 9.28.140.
9. Exclusions. Minor Modifications pursuant to this Chapter shall not
be granted for the following standards:
a. Parcel area, width, or depth;
b. Maximum number of stories;
c. Minimum or maximum number of required parking spaces;
d. Residential density; or
e. Maximum floor area ratio (FAR).
C. Subject to the requirements of this Chapter, the Director may grant relief
from any of the dimensional requirements specified in subsection (B) of this Section for
properties containing a Historic Resource.
D. For any Minor Modification application filed concurrently with an application
that is subject to Planning Commission review, the Planning Commission may grant relief
from any of the dimensional requirements specified in subsection (B) of this Section.
SECTION 14. Santa Monica Municipal Code Section 9.43.030 is hereby amended
to read as follows:
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9.43.030 Applicability: Major Modifications
A. The provisions of this Section shall apply to specific development proposals
that are for uses permitted by right or by discretionary review in the District. In no case
shall a major modification by granted pursuant to this Section to permit a new use or
activity that is not otherwise permitted in the District where the property is located, nor
shall a major modification be granted that alters the procedural or timing requirements of
this Article.
B. Subject to the requirements of this Chapter and except as provided in
subsection C of this Section, the Director may grant relief from no more than 2 of the
following requirements:
1. Setbacks. Up to 20 percent or 5 feet, whichever is less of the
required front, side, and rear setback standards.
2. Build-To Line. Up to 20 percent of standards for building façade
location.
3. Parcel Coverage. Up to 10 percent of the maximum amount of
parcel coverage.
4. Height. Maximum height of buildings and structures, up to 20
percent or 5 feet, whichever is less. The modified height shall not exceed the
maximum height permitted in the applicable land use district of the LUCE.
5. Ground Floor (Floor-to-Floor) Height.
a. Minimum. Up to 1 foot of the required minimum ground floor (floor -
to-floor) height.
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b. Maximum. Up to 4 feet of the required maximum ground floor (floor -
to-floor) height.
6. Landscaping. Up to 10 percent of the required landscaping.
7. Parcel Lines. For corner parcels, consider the parcel line separating
the narrowest street frontage of the parcel from the street as the side parcel line.
8. Exclusions. Major Modifications pursuant to this Chapter shall not
be granted for the following standards:
a. Parcel area, width, or depth;
b. Maximum number of stories;
c. Minimum or maximum number of required parking spaces;
d. Residential density; or
e. Maximum floor area ratio (FAR).
C. If the application for a Major Modification involves a project that include s the
retention and preservation of a structure or improvement that is a City-Designated Historic
Resource, the Director may grant relief form maximum building height, maximum number
of stories, required setbacks, maximum parcel coverage and building envel ope
requirements; permitted building height projections; permitted projections in required yard
areas; access to private open space; landscaping; and provision of unexcavated yard
areas.
D. For any Major Modification application filed concurrently with an application
that is subject to Planning Commission review, the Planning Commission may grant relief
from any of the dimensional requirements specified in Subsection B of this Section.
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SECTION 15. Santa Monica Municipal Coe Section 9.43.070 is hereby amended
to read as follows:
9.43.070 Procedures for Major Modifications and Waivers
A. Authority and Duties. Applications for Major Modifications and Waivers
shall be approved, conditionally approved, or denied in a Director’s Hearing based on
consideration of the requirements of this Chapter.
B. Application Requirements. An application for a Major Modification or
Waiver shall be submitted to the Director in accordance with Section 9.37.020, Application
Forms and fees. The application shall state in writing the nation of the request and explain
why the findings necessary to grant the modification or waiver can be satisfied. The
applicant shall also submit plans delineating the requested modification or waiver.
C. Notice and Hearing Requirements. An application for a Major Modification
or Waiver shall be heard and notice shall be provided in the manner required by Chapter
9.37, Common Procedures.
D. Concurrent Processing. If a request for a Major Modification or Waiver is
being submitted in conjunction with an application for another approval, permit, or
entitlement under this Ordinance, it shall be heard and acted upon at the same time and
in the same manner as that application.
1. Historic Properties. An application for a Major Modification that
involves a For a project that includes the retention and preservation of a Hist oric
Resource, upon receipt in proper form of a Major Modification application, a
meeting with the Landmarks Commission shall be set to receive a
recommendation on the proposal shall also be submitted to the Landmarks
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Commission for review and approval pursuant to Chapter 9.56, Landmarks and
Historic Districts. Following receipt of a recommendation of the Landmarks
Commission, a public hearing before the Director shall be set and notice of such
hearing given in a manner consistent with Section 9.37.050, Public Notice.
SECTION 16. Santa Monica Municipal Code Section 9.43.100 is hereby amended
to read as follows:
9.43.100 Required Findings for Major Modifications and Waivers
A decision to grant a Major Modification or Waiver shall be based on the following
findings:
A. The requested modification is consistent with the General Plan and any
applicable area or specific plan;
B. The project as modified meets the intent and purpose of the applicable zone
districts;
C. The approval or conditional approval of the requested modification will not
be detrimental to the health, safety, or general welfare of persons residing or working on
the site or result in a change in land use or density that would be inconsistent with the
requirements of this Ordinance;
D. The approval of the requested modification is justified by environmental
features, site conditions, location of existing improvements, architecture or sustainability
considerations, or retention of historic features or mature trees;
E. The proposed design meets the Design Objectives of the Santa Monice
Design Guidelines;
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F. The proposed project will not significantly affect the properties in the
immediate neighborhood as a result of approval or conditional approval of the major
modification or be incompatible with the neighborhood character; and
G. If the modification of maximum building height; maximum number of stories;
required setbacks; maximum parcel coverage and building envelope requirements;
permitted building height projections; permitted projections in required yard areas; access
to private open space; landscaping; or provision of unexcavated yard areas is requested
as part of a project that preserves a City-Designated Historic Resource, the review
authority must make the following findings in addition to an y other findings that this
Section requires:
1. The proposed project conforms to the Secretary of the Interior’s
Standards for the Treatment of Historic Properties, as amended from time to time;
2. The proposed project conforms to the allowable land uses permitted
in the applicable Zoning District or is a legal nonconforming use authorized in
accordance with Section 9.27.050;
3. The proposed project does not exceed the maximum unit density
permitted in the applicable Land Use District of the LUCE or the existing unit
density of the City-Designated Historic Resource, whichever is greater;
4. The proposed project’s requested height modification, if any, is only
sought for a project that preserves a City-Designated Landmark or Structure of
Merit, and the proposed height does not exceed the following:
a. Six feet above the height otherwise authorized in the LUCE in the
portions of the R2 District generally bound by 4th Court to the west, 14th court
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to the east, Montana Avenue to the north, and Wilshire Boulevard to the south,
if developed in that area; or
b. The height permitted in the LUCE for the highest applicable land use
classification so long as the FAR does not exceed the limitations established
for Tier 2 projects in the same land use classification.
5. The proposed project does not exceed the maximum number of
stories permitted in the LUCE for the applicable land use classification if any;
6. Covered porches and stairs, if any, of a City-Designated Historic
Resource may project a maximum 12 feet into the required front setback area or
maintain their current projection if greater than 12 feet provided that the building
façade complies with the front setback requirement in the applicable Zoning
District;
7. The provision of private open space has not been modified other than
the requirement that private open space be adjacent to and accessible from, and
at the same approximate elevation, as the primary space of the dwelling unit;
8. Modification of the requirements for the provision of unexcavated
area in setback areas, if any, is required because the strict application of such
requirements would not allow for the preservation of the City-Designated Historic
Resource; and
9. The applicant agrees to record a deed-restriction prior to issuance of
building permit for the project establishing that the City-Designated Historic
Resource will be maintained for the life of the project; and.
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10. The proposed design has been reviewed and approved by the
Landmarks Commission pursuant to Chapter 9.56, Landmarks and Historic
Districts.
Section 17. Santa Monica Municipal Code Section 9.51.030(B)(7) 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
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associated with such institutions. This classification includes junior colleges,
business and computer schools, management training, technical and trade
schools, but excludes personal instructional services such as music lessons.
5. Community Assembly. A facility for public or private meetings
including community centers, banquet centers, religious assembly facilities, civic
auditoriums, union halls, meeting halls for clubs and other membership
organizations. This classification includes functionally related facilities for the use
of members and attendees such as kitchens, multi-purpose rooms, and storage. It
does not include gymnasiums or other sports facilities, convention centers, or
facilities, such as day care centers and schools that are separately classified and
regulated. See Division 3, Section 9.31.100, Community Assembly, for further
details.
6. Community Garden. An area of land managed and maintained by
a public or 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 1 or more individuals or may be farme d 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.
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7. Cultural Facility. Facilities engaged in activities to serve and
promote aesthetic and educational interest in the community that are open to the
public on a regular basis. This classification includes performing arts centers for
theater, music, dance, and events; spaces for display or preservation of objects of
interest in the arts or sciences; libraries; museums; historical sites; aquariums; art
galleries; and zoos and botanical gardens. It does not include schools or
institutions of higher education providing curricula of a general nature.
8. Hospitals and Clinics. State-licensed public, private, and 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
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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
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).
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B. Commercial Use Classifications.
1. Adult-Oriented Business. See Sexually-Oriented Businesses.
2. Animal Care, Sales and Services. Retail sales and services related
to the boarding, grooming, and care of household pets, including:
a. Grooming and Pet Store. Retail sales of animals and/or services,
including grooming, for animals on a commercial basis. Typical uses include dog
bathing and clipping salons, pet grooming shops, and pet stores and shops. This
classification excludes dog walking and similar pet care services not carried out at
a fixed location, and excludes pet supply stores that do not sell animals or provide
on-site animal services (see General Retail Sales).
b. Kennel. A commercial, non-profit, or governmental facility for
keeping, boarding, training, breeding or maintaining 4 or more dogs, cats, or other
household pets not owned by the kennel owner or operator on a 24 -hour basis.
This classification includes animal shelters and animal hospitals that provide
boarding-only services for animals not receiving services on the site but excludes
the provision by shops and hospitals of 24-hour accommodation of animals
receiving medical services on site. This classification also includes kennels that, in
addition to 24-hour accommodation, provide pet care for periods of less than 24
hours but it does not include facilities that provide pet day care exclusively or
predominantly.
c. Pet Day Care Service. A commercial, non-profit, or governmental
facility for keeping 4 or more dogs, cats, or other household pets not owned by the
kennel owner or operator primarily for periods of less than 24 hours.
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d. Veterinary Service. Veterinary services for domesticated animals.
This classification allows 24-hour accommodation of animals receiving medical
services but does not include kennels.
3. Automobile/Vehicle Sales and Services. Retail or wholesale
businesses that sell, rent, and/or repair automobiles, boats, recreational vehicles,
trucks, vans, trailers, and motorcycles, including the following:
a. Alternative Fuels and Recharging Facility. A facility offering motor
vehicle fuels not customarily offered by commercial refueling stations (e.g.,
LPG) as well as equipment to recharge electric-powered vehicles. This
classification does not include facilities within public garages or other stations
that are accessory to a permitted use.
b. Automobile Rental. Rental of automobiles. Typical uses include car
rental agencies. See Division 3, Section 9.31.050, Automobile Rental, for
further details.
c. Automobile Storage Parcel. Any property used for short- or long-term
parking of vehicles for sale or lease at an automobile dealership or rental
agency on a separate parcel from such agency or dealership.
d. Automobile/Vehicle Sales and Leasing. Sale or lease, retail or
wholesale, of new or used automobiles, light trucks, motorcycles, motor homes,
and trailers, together with associated repair services and parts sales for
vehicles sold or leased by the manufacturer associated with the dealership.
(For auto repair, see Automobile/Vehicle Service and Repair, Major and Minor.)
This classification includes on-site facilities for maintaining an inventory of
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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 dismantlin g or salvaging and tire
retreading or recapping. See Division 3, Section 9.31.060, Automobile/Vehicle
Repair, Major and Minor, for further details.
f. Automobile/Vehicle Service and Repair, Minor. The service and
repair of automobiles, light-duty trucks, boats, and motorcycles, including the
incidental sale, installation, and servicing of related equipment and parts. This
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classification includes the replacement of small automotive parts and liquids as
an accessory use to a gasoline sales station or automoti ve accessories and
supply store, as well as smog check quick-service oil, tune-up and brake and
muffler shops where repairs are made or service provided in enclosed bays
and no vehicles are stored overnight. This classification excludes disassembly,
removal or replacement of major components such as engines, drive trains,
transmissions or axles; automotive body and fender work, vehicle painting or
other operations that generate excessive noise, objectionable odors or
hazardous materials, and towing services. It also excludes repair of heavy
trucks, limousines or construction vehicles. See Division 3, Section 9.31.060,
Automobile/Vehicle Repair, Major and Minor, for further details.
g. Automobile/Vehicle Washing. Washing, waxing, or cleaning of
automobiles or similar light vehicles, that are the principal use of a building,
structure, or site, including self-serve washing facilities. See Division 3, Section
9.31.080, Automobile/Vehicle Washing, for further details.
h. Large Vehicle and Equipment Sales, Service , and Rental. Sales,
servicing, rental, fueling, and washing of large trucks, trailers, tractors, and
other equipment used for construction, moving, agricultural, or landscape
gardening activities. Includes large vehicle operation training facilities.
i. Service Station. Establishments primarily engaged in retailing
automotive fuels or retailing these fuels in combination with activities, such as
providing minor automobile/vehicle repair services; selling automotive oils,
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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. Th ese
establishments may provide incidental services, such as vehicle storage and
emergency road repair services (for automobile dismantling, see Salvage and
Wrecking). This classification includes parcels used for storage of impounded
vehicles.
4. Banks and Financial Institutions.
a. Bank and Credit Union. Financial institutions providing retail banking
services. This classification includes only those institutions engaged in the on -
site circulation of money, including credit unions, but excluding check -cashing
businesses. For administration, headquarters, or other offices of banks and
credit unions without retail banking services/on-site circulation of money (see
Offices, Business and Professional).
b. Check Cashing Business. Establishments that, for compensation,
engage in the business of cashing checks, warrants, drafts, money orders, or
other commercial paper serving the same purpose. This classification also
includes the business of deferred deposits, whereby the check casher refrains
from depositing a personal check written by a customer until a specific date
pursuant to a written agreement as provided in Civil Code 1789.33. Check
Cashing Businesses do not include State or Federally chartered banks, savings
associations, credit unions, or industrial loan companies. They also do not
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include retail sellers engaged primarily in the business of selling consumer
goods, such as consumables to retail buyers that cash checks or issue money
orders incidental to their main purpose or business.
5. Bar. See Eating and Drinking Establishments.
6. Business Service. Establishments providing goods and services to
other businesses on a fee or contract basis, including printing and copying,
blueprint services, mailbox services, equipment rental and leasing, office security,
custodial services, film processing, model building, and delivery services with 2 or
fewer fleet vehicles on-site. (For 3 or more fleet vehicles, see Light Fleet-Based
Services.)
7. Commercial Entertainment and Recreation. Provision of
participant or spectator entertainment. This classification may include restaurants,
snack bars, and other incidental food and beverage services to patrons.
a. Cinema. Facilities for indoor display of films and motion pictures.
b. Theater. Facilities designed and used for entertainment, including
plays, comedy, and music, which typically contain a stage upon which movable
scenery and theatrical appliances or musical instruments and equipment are
used.
c. Convention and Conference Centers. Facilities designed and used
for conventions, conferences, seminars, trade shows, product displays, and
other events in which groups gather to promote and share common interests.
Convention centers typically have at least 1 auditorium and may also contain
concert halls, lecture halls, meeting rooms, and conference rooms, as well as
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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 buildin g
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.
f. Fortunetelling. An establishment where a person or persons provide
fortunetelling services and demand or receive, directly or indirectly, a fee or
reward, or accept any donation for the exercise or exhibition of fortunetelling
services, or give an exhibition of fortunetelling services at any place where a
fee, donation or reward is charged or received, directly or indirectly as a
condition of entry. Fortunetelling services shall include, but not be limited to,
the telling of fortunes, forecasting of futures, or furnishing of any information
not otherwise obtainable by the ordinary process of knowledge, by means of
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any occult or psychic power, faculty or force, psychic reading, occult reading,
clairvoyance, clairaudience, cartomancy, psychometry, phrenology, spirits,
mediumship, seership, prophecy, augury, astrology, palmistry, necromancy,
mindreading, tarot card readings, tea leaves, telepathy or other craft, art,
science, cards, talisman, charm, potion, magnetism, magnetized article or
substance, crystal gazing, or magic of any kind or nature.
8. 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
serve alcoholic beverages, including beer, wine and mixed drinks for
consumption on the premises from a liquor service facility that is physically
separate from the dining area and may be operated during hours when food is
not served. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for
further details.
b. 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
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parlors, self-service restaurants, ice cream and frozen yogurt shops, and snack
bars with indoor or outdoor seating for customers. This classification includes
bakeries that have tables for on-site consumption of products. It excludes
catering services that do not sell food or beverages for on -site consumption
(see Commercial Kitchen). See Division 3, Sections 9.31.040, Alcoholic
Beverage Sales, and 9.31.280, Restaurants, Limited Service and Take Out
Only, where applicable, for further details.
d. 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
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have long or late hours of operation and occupy a relatively small building. This
classification includes small retail stores located on the same parcel as or
operated in conjunction with a Service Station but does not include
delicatessens or specialty food shops. It excludes establishments that offer a
sizeable assortment of fresh fruits and vegetables or fresh -cut meat (see
General Market). See Division 3, Section 9.31.040, Alcoholic Beverage Sales,
for further details.
b. Farmers Market. A location where the primary activity is the sale of
agricultural products by producers and certified producers. Sales of ancillary
products may occur at the location. An open air farmers market may only be
operated by a local government agency.
c. General Market. Retail food markets of food and grocery items
primarily for 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.
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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.
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
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regularly used by 1 or more occupants of the unit. See Division 3, Section 9.31.170,
Live-Work Units, for further details.
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 4
bedrooms are rented for overnight lodging and where meals may be provided.
See Division 3, Section 9.31.090, Bed and Breakfasts, for further details.
b. Hotel and Motel. An establishment providing temporary lodging to
transient patrons. These establishments may provide additional services, such
as conference and meeting rooms, restaurants, bars, or recreation facilities
available to guests or to the general public. This u se 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.
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16. Maintenance and Repair Service. Establishments engaged in the
maintenance or repair of office machines, household appli ances, furniture, and
similar items. This classification excludes maintenance and repair of motor
vehicles or boats (see Automotive/Vehicle Sales and Services) and personal
apparel (see Personal Services).
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).
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a. Business and Professional. Offices of firms, organizations, or
agencies providing professional, executive, management, administrative,
financial, accounting, or legal services, but excluding those that primarily
provide direct services to patrons that visit the office (see Offices, Walk-In
Clientele).
b. Creative. Offices, production spaces, and work spaces of
establishments that are in the business of the development, publishing,
production, or distribution of creative property, including, but not limited to,
advertising, architectural services, broadcasting, communications, computer
software design, media content, entertainment, engineering, fashion design,
film distribution, graphic design, interior design, internet content, landscape
design, photography, and similar uses.
c. Medical and Dental. Offices providing consultation, diagnosis,
therapeutic, preventive, or corrective personal treatment services by doctors
and dentists; medical and dental laboratories that see patients; and similar
practitioners of medical and healing arts for humans licensed for such practice
by the State of California. Incidental medical and/or dental research within the
office is considered part of the office use if it supports the on -site patient
services.
d. Walk-In Clientele. Offices predominantly providing direct services to
patrons or clients and do not require appointments. This use classification
includes employment agencies, insurance agent offices, real estate offices,
travel agencies, utility company offices, and offices for elected officials. It does
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not include banks or check-cashing facilities, which are separately classified
and regulated (see Banks and Financial Institutions).
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 5 or less persons. This classification also
includes exclusively youth-serving studios of less than 3,000 square feet
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offering performing arts, dance, martial arts, physical exercise, and similar
types of instruction to classes and groups of more than 5 persons.
c. Tattoo or Body Modification Parlor. An establishment whose principal
business activity is one or more of the following: (i) using ink or other
substances that result in the permanent coloration of the skin through the use
of needles or other instruments designed to contact or puncture the skin; or (ii)
creation of an opening in the body of a person for the purpose of inserting
jewelry or other decoration. See Division 3, Section 9.31.230, Personal Service,
for further details.
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 o wn 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 stores (with 10,000
square feet or less of floor area), and businesses retailing goods including, but
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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.
e. Medical Marijuana Dispensary. Any facility, building, structure, or
fixed location where 1 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
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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
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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, 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.
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1. Artist’s Studio. Work space for an artist or artisan, including
individuals practicing 1 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 manufa cturing; plastics
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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.
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).
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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.
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
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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,
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.
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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
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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 cafés.
3. City Bikeshare Facility. Land and equipment used for the operation
or maintenance of a network of publicly-owned and publicly-available bicycles in a
bikeshare system in the City of Santa Monica. These facilities may include stations,
hubs, parking facilities, payment/customer service kiosks, map stands, and helmet
vending.
4. Communication Facilities. Facilities for the provision of
broadcasting and other information relay services through the use of electronic and
telephonic mechanisms.
a. Antenna and Transmission Tower. Broadcasting and other
communication services accomplished through electronic or te lephonic
mechanisms, as well as structures designed to support 1 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.
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b. Equipment within Buildings. Indoor facilities containing primarily
communication equipment and storage devices such as computer servers.
5. Freight/Truck Terminal and Warehouse. Facilities for freight,
courier, and postal services by truck or rail. This classification does not include
local messenger and local delivery services (see Light Fleet -Based Service).
6. Light Fleet-Based Service. Passenger transportation services,
local delivery services, medical transport, and other businesses that rely on fleets
of 3 or more vehicles with rated capacities less than 10,000 lbs. This classification
includes parking, dispatching, and offices for taxicab and limousine operations,
ambulance services, non-emergency medical transport, local messenger and
document delivery services, home cleaning services, and similar businesses. This
classification does not include towing operations (see Automobile/Vehicle Sales
and Service, Towing and Impound) or taxi or delivery services with 2 or fewer fleet
vehicles on-site (see Business Services).
7. Utilities, Major. Generating plants, electric substations, and solid
waste collection, including transfer stations and materials recovery facilities, solid
waste treatment and disposal, water or wastewater treatment plants, and similar
facilities of public agencies or public utilities.
8. Utilities, Minor. Facilities necessary to support established uses
involving only minor structures, such as electrical distribution lines, and
underground water and sewer lines.
9. Waste Transfer Facility. A facility that operates as a materials
recovery, recycling and solid waste transfer operation providing solid waste
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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 soi ls 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 18. Santa Monica Municipal Code Section 9.53.130(B)(2)(c) is hereby
amended to read as follows:
Section 9.53.130 Content of a Developer TDM Plan
A. Developer TDM Plan Format. The Developer TDM Plan shall result in the
Developer achieving the applicable AVR Target in this Chapter and shall include:
1. Project description.
2. Site conditions that affect commute travel.
3. Statement of commitment from the property owner to:
a. Conduct annual surveys in conformance with this Chapter to
determine vehicle trip behavior including collection of data on employee means
of travel, arrival time, and interest in information on ridesharing opportunities
(this shall not be applicable to residential units);
b. Monitor Developer TDM Plan; and
c. Report annually in a manner required by this Chapter.
4. Annual budget to implement Developer TDM Plan.
5. Duties, responsibilities, and qualifications of a certified PTC.
6. Developer TDM plan program measures.
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7. Implementation strategy that specifies how the Developer TDM Plan will be
implemented, monitored, and who will be responsible for submitting annual status
reports to the City.
B. Physical and Programmatic Elements. The Developer TDM Plan
program measures shall include the following:
1. Physical Elements. In addition to all physical facility improvements
required by Chapter 9.28, Parking, Loading, and Circulation, the following
additional physical elements shall be required to be implemented by the Develope r
to the satisfaction of the City:
a. On-Site Transportation Information. On-site transportation
information located where the greatest number of employees, visitors, and
residents are likely to see it. Such transportation information may be provided
in an on-site physical location, such as a bulletin board or kiosk, or through
other media, such as on a website or other digital means. Information shall
include, but is not limited to, the following:
i. Current maps, routes and schedules for public transit routes
within 1/2 mile of the project site.
ii. Transportation information including regional ridesharing
agency, local transit operators, and certified TMO where available.
iii. Ridesharing promotions material supplied by commuter-
oriented organizations.
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iv. Bicycle route and facility information, including rental and
sales locations, regional/local bicycle maps, and bicycle safety information
within 1/2 mile of the project site.
v. A list of facilities available for carpoolers, vanpoolers,
bicyclists, transit riders and pedestrians at the site.
vi. Walking and biking maps for employees and visitors, which
shall include, but not be limited to, information about convenient local
services and restaurants within walking distance of the project.
vii. Information to commercial tenants and employees of the
project regarding local rental housing agencies.
2. Programmatic Elements. Additional programmatic elements shall
also be included in the Developer TDM Plan program measures based on the type
of development as follows:
a. Project Transportation Coordinator. A designated Project
Transportation Coordinator shall manage all aspects of the Developer TDM
Plan and participate in City-sponsored workshops and information roundtables.
The PTC shall be responsible for making available information materials on
options for alternative transportation modes and opportunities particularly
programs that involve commuter subsidies such as parking cashout and
vanpool subsidies. In addition, transit fare media and day/month passes will be
made available through the PTC to employees, visitors, and residents during
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typical business hours. In the event that the project is sold or transferred,
developer shall notify the Planning Director of the new point of contact for the
successor and/or new PTC for the project within thirty calendar days of such
sale or transfer.
b. Nonresidential Projects and Nonresidential Components of Mixed-
Use Projects. Nonresidential projects that result in the addition of 7,500 square
feet of floor area or more and the nonresidential portion of mixed -use projects
shall provide, at minimum, the following programmatic elements:
i. New employee orientation.
ii. Parking cashout.
iii. Incentives for employees that live within 1/2 mile of
workplaces.
iv. Information regarding availability of bike commute training
offered either on-site or by a third party.
v. Free on-site shared bicycles intended for employee use
during the work day (e.g., Bike@Work program). This shall be optional
if citywide bikeshare is available within a 2-block radius of the project
site.
vi. Commuter matching services for al employees on an annual
basis, and for all new employees upon hiring.
vii. Information regarding benefits of: compressed work
schedule, flex-time schedule, telecommuting, and guaranteed ride
home.
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viii. Transportation allowance equal to at least 50% of the current
cost of a monthly regional transit pass of the employee’s choice (e.g.,
Big Blue Bus 30-day Pass, Metro EZ Pass, Metro TAP or equivalent).
Within the Downtown Community Plan area , the transportation
allowance shall equal at least 100% of the current cost of a monthly
regional transit pass of the employee’s choice (e.g., Big Blue Bus 30-
day Pass, Metro EZ Pass, Metro TAP or equivalent). An employee
accepting the transportation allowance shall be required to execute a
contract agreeing said employee will not utilize a single occupancy
vehicle for the majority (at least 51%) of their daily commute distance
more than five business days per month. The contract shall also specify
the employee’s alternative commute mode (e.g., transit, bike, walk).
Within the Downtown Community Plan area, daily transportation
allowance, equal to the value of the applicable monthly transportation
allowance divided by 20, shall be offered to all eligible employees. To
receive the daily transportation allowance eligible employees shall not
be receiving the monthly transportation allowance and shall be required
to submit a daily commute tracking form agreed that said employees
utilized an eligible non-single occupancy vehicle mode for at least 51%
of their daily commute. The employee must demonstrate compliance as
reasonably required by the property owner.
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ix. Customer and visitor incentives for uses with significant
numbers of customers and visitors such as retail, food service,
hospitality, and medical office:
(1) Customer incentive program.
(2) Public directions prioritizing rideshare modes.
(3) Special event rideshare services.
(4) Shared ride service.
x. Any additional measures that would result in the developer
achieving the applicable AVR target.
c. Residential Projects and Residential Components of Mixed -Use
Projects. Projects that result in the addition of 16 residential units or more and the
residential portion of mixed-used projects shall include the following programmatic
elements:
i. Transportation Welcome Package for Residents. Provide all
new residents with residential component of the project site with a
welcome package on a per-unit basis. The welcome package shall at
minimum, include the information required in subdivision (1)(a) of this
subsection (B) (Physical Elements—On-Site Transportation
Information).
ii. Local preference Marketing Plan. Prepare and implement a
marketing and outreach program for the rental of units that targets: (A)
employees of businesses located within a 1/2-mile radius of the project;
(B) employees of the local hospitals; (C) employees of the Santa Monica
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Malibu Unified School District; (D) employees of the City’s police and fire
departments; (E) employees of businesses outside the 1/2 -mile radius
but within the City of Santa Monica. In leasing units, the developer shall
give priority to applicants in the foregoing categories provided that all
such applicants meet generally applicable leasing qualifications and
criteria imposed by the developer. Nothing in this Chapter shall require
that any residential units be occupied by such persons.
iii. TMO Participation. Active participation in the formation and
ongoing activities of a certified TMO, if established and includes the
project site, including payment of annual dues at a level so that trip
reduction services are provided as set forth by the TMO, attendance at
organizational meeting, providing travel and parking demand data to the
TMO, and making available information to project tenants relative to the
services provided by the TMO.
iv. Transportation Allowance. Offer a monthly transportation
allowance equal to at least 50% of the current cost of a monthly regional
transit pass of the resident’s choice (e.g., Big Blue Bus 30 -Day Pass,
Metro EZ Pass, Metro TAP Pass or equivalent). Within the Downtown
Community Plan area, the transportation allowance shall equal at least
100% of the current cost of a monthly regional transit pass of the
resident’s choice (e.g. Big Blue Bus 30-Day Pass, Metro EZ Pass, Metro
TAP Pass or equivalent). The transportation allowance shall be offered
to all residents listed on a lease and their immediately family living at the
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same address. Immediate family includes spouse, partner, children,
parents, grandparents, brother, sister, father-in-law, mother-in-law, son-
in-law, daughter-in-law, aunt, uncle, niece, nephew, sister-in-law, and
brother-in-law. A resident accepting the transportation allowance shall
not lease parking spaces at the project and shall be required to execute
a contract agreeing that said resident does not own or long -term lease
an automobile in association with a residential use in Santa Monica and
will not own or long-term lease an automobile in association with a
residential use in Santa Monica for so long as they are in receipt of the
transportation allowance. The contract shall also specify the resident’s
non-single occupancy vehicle commute mode (e.g., transit, bike, walk).
Children who reside full-time at the building shall be eligible for the
transportation allowance if the parent that is primarily responsible for
transporting the child is also eligible for the transportation allowance.
The child’s parent or guardian shall sign an affidavit stating that the child
permanently resides at the building on a full-time basis, and the child is
primarily transported by a parent or guardian on the lease that is eligible
for the transportation allowance.
C. Developer TDM Plan Applicable to Project Occupants. The developer
shall ensure that compliance with the Developer TDM Plan is included as a requirement
in lease documents and any other agreements for occupancy in the project in order to
inform and commit project occupants to applicable measures of the approved Developer
TDM Plan.
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1. All Projects. Allowing employees and residents to participate in
campaigns that promote use of carpools, vanpools, transit, walking, bicycling,
carshare, bikeshare, and other trip reduction efforts.
2. Nonresidential Projects. For nonresidential projects and
nonresidential components of mixed-use projects, participating in the annual
project commute survey.
D. Employer Worksite Plan Consistency. Employer ERPs and WTPs
submitted subsequent to the approval of a Developer TDM Plan shall be consistent with
the approved Developer TDM Plan, at a minimum, unless the Planning Director approves
alternative plan components.
E. Recording Required. Prior to Certificate of Occupancy, the developer shall
record an agreement, in a form acceptable to the City, that makes the Developer TDM
Plan a condition of property ownership. The agreement shall include provisions to:
1. Guarantee adherence to the TDM objective and perpetual
obligations of the Developer TDM Plan for all legal parcels within the site
regardless of property ownership.
2. Inform all subsequent property owners of requirement of the
Developer TDM Plan.
3. Inform the Planning Director of any change in ownership.
4. Identify consequences of non-compliant performance.
SECTION 19. The Official Districting Map is hereby amended as set forth in Exhibit
A, attached to this Ordinance and incorporated herein by this reference.
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SECTION 20. Any provision of the 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 21. 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 por tion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 22. 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
EXHIBIT A Change to Official Districting Map for 1441 Cloverfield Boulevard
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EXHIBIT A
AMENDMENT TO OFFICIAL DISTRICTING MAP FOR PARCEL LOCATED AT 1411
CLOVERFIELD BOULEVARD
Address Street APN
Existing
LUCE
Designation
Existing
Zoning
Proposed
Zoning
Change
1411 Cloverfield
Boulevard 4275004015
Mixed Use
Boulevard
Low (MUBL)
Low Density
Residential
(R2)
Mixed Use
Boulevard
Low (MUBL)
REFERENCE:
ORDINANCE NO.
2606 (CCS)