O2632City Council Meeting: February 25, 2020 Santa Monica, California
ORDINANCE NUMBER 2632 (CCS)
(City Council Series)
AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTION 9.15.020 AND CREATING SECTION 9.31.255 TO ESTABLISH AND
REGULATE PUBLIC SAFETY FACILITIES AS A PERMITTED USE IN SOME BEACH
AREAS WITHIN THE PARKS AND OPEN SPACE ZONING DISTRICT
WHEREAS, the City of Santa Monica (“City”) Fire Department (“SMFD”) reports
that the north beach area of the City is difficult to access during high occupancy times
and can experience extended delays in response; and
WHEREAS, as recently as early 2019, SMFD determined that response times to
the northern beach area lagged behind service provided to other parts of the City; and
WHEREAS, in response to this data, on July 2, 2019, SMFD committed to staffing
a City-owned storage building at 1100 Pacific Coast Highway (“Temporary Facility”) with
a Type I Engine and its crew of four personnel, two Medcarts, bicycles, and a four-wheel
drive utility vehicle, capable of accessing the beach and driving on paved roads; and
WHEREAS, since beginning operation of the Temporary Facility, SMFD response
time within the area dropped by an average of 1.5 minutes, with the most significant
difference being service to the Santa Monica Pier, which was reduced by more than two
minutes; and
DocuSign Envelope ID: DAA7B690-7AFF-4CFD-A8A6-DD4E9F0C8087
WHEREAS, the proximity of the Temporary Facility contributed to SMFD saving
three lives in extreme danger during the peak season, and improved responses to around
600 emergency calls; and
WHEREAS, the beach area is zoned Parks and Open Space (“OS District”), and
the City’s Zoning Ordinance prohibits Public Safety Facilities as a use in the OS District,
preventing the City from allowing the Temporary Facility to remain as a temporary or
permanent use; and
WHEREAS, adopting an emergency Interim Zoning Ordinance to establish and
regulate Public Safety Facilities as a permitted use in some beach areas within the OS
District with specific compatibility requirements will allow SMFD to continue operating the
Temporary Facility and continue providing reduced response times to City residents living
in, and visitors to, the north beach area without impacting on land availability for
recreational purposes that the community requires; and
WHEREAS, the City Council finds and declares that an immediate termination of
the Temporary Facility will increase SMFD response times and result in an immediate
threat to the public health, safety, and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Santa Monica Municipal Code Section 9.15.020 is hereby amended to
read as follows:
9.15.020 Land Use Regulations
Table 9.15.020 prescribes the land use regulations for Public and Semi-Public
Districts. The regulations for each district are established by letter designations listed
DocuSign Envelope ID: DAA7B690-7AFF-4CFD-A8A6-DD4E9F0C8087
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.
“CUP” designates use classifications that are permitted after review and approval
of a Conditional Use Permit.
“MUP” designates use classifications that are permitted after review and approval
of a Minor Use Permit.
“–” designates uses that are not permitted.
Land uses are defined in Chapter 9.51, Use Classifications. 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.
DocuSign Envelope ID: DAA7B690-7AFF-4CFD-A8A6-DD4E9F0C8087
4
TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS
Use Classification CC PL OS Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.
Multiple-Unit Dwelling L (1) - -
Senior Citizen Multiple-Unit Residential L (1) - -
Single Room Occupancy
Housing L (1) - -
Group Residential L (1) - -
Congregate Housing L (1) - - Section 9.31.110, Congregate and Transitional Housing
Senior Group Residential L (1) - - Section 9.31.310, Senior Group Residential
Emergency Shelters - P - Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.
Large P P P Section 9.31.140, Family Day Care, Large
Small P P P
Residential Care Facilities See sub-classifications below.
Residential Care, General L (1) - - Section 9.31.270, Residential Care Facilities
Residential Care, Limited L (1) - - Section 9.31.270, Residential Care Facilities
Residential Care, Senior L (1) - - Section 9.31.270, Residential Care Facilities
Hospice, General - - -
Hospice, Limited - - -
Supportive Housing L (1) - -
Transitional Housing L (1) - -
Public and Semi-Public Uses
Adult Day Care P P P
Cemetery - P -
Child Care and Early Education Facilities P P P Section 9.31.120, Child Care and Early Education Facilities
Colleges and Trade Schools, Public or Private L (3) P -
Community Assembly P P L (3)
Community Gardens - P P
Cultural Facilities P P P
DocuSign Envelope ID: DAA7B690-7AFF-4CFD-A8A6-DD4E9F0C8087
5
TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS
Use Classification CC PL OS Additional Regulations
Park and Recreations Facilities, Public P P P
Public Safety Facilities P P -P Section 9.31.255, Public Safety Facilities in the Parks and Open Space Zoning District
Schools, Public or Private L (3) P -
Social Service Centers P P -
Commercial Uses
Banks and Financial Institutions L (1) - -
Business Services L (1) - -
Commercial, Entertainment, and Recreation See sub-classifications below.
Cinemas/Theaters - - MUP (3)
Convention and Conference Centers P - -
Large-Scale Facility - - -
Small-Scale Facility - - - Section 9.31.340, Small-Scale Facility, Game Arcades
Eating and Drinking Establishments See sub-classifications below.
Restaurants, Full-Service L (1) L (2) L (2) Section 9.31.040, Alcoholic Beverage Sales
Restaurants, Limited Service L (1) L (2) L (2) Section 9.31.040, Alcoholic Beverage Sales
Restaurants, Take-Out Only L (1) L (2) - Section 9.31.040, Alcoholic Beverage Sales
With Outdoor Eating Areas L (1) L (2) L (2) Section 9.31.200, Outdoor Dining and Seating
Food and Beverage Sales See sub-classifications below.
Convenience Markets L (1) - - Section 9.31.040, Alcoholic Beverage Sales
Farmers Markets - P CUP
General Markets L (1) - - Section 9.31.040, Alcoholic Beverage Sales
Live-Work L (1) - - Section 9.31.170, Live-Work Units
Lodging See sub-classifications below.
Hotels and Motels CUP - -
Offices See sub-classifications below.
DocuSign Envelope ID: DAA7B690-7AFF-4CFD-A8A6-DD4E9F0C8087
6
TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS
Use Classification CC PL OS Additional Regulations
Business and Professional L (4)/CUP L (3) -
Creative L (4)/CUP - -
Walk-In Clientele L (4)/CUP - -
Parking, Public or Private L (3) P L (5)
General Personal Services L (1) - -
Retail Sales See sub-classifications below.
General Retail Sales, Small-Scale L (1) - - Section 9.31.220, Outdoor Retail Display and Sales
Swap Meet MUP MUP MUP Section 9.31.360, Swap Meets
Transportation, Communication, and Utilities Uses
Citywide Bikeshare Facility P P P
Communication Facilities See sub-classifications below.
Antennas and Transmission Towers CUP CUP -
Equipment Within Buildings - P -
Utilities, Major - P -
Utilities, Minor - P -
Specific Limitations: (1) Permitted as part of a mixed-use development. Residential uses not permitted on ground floor.
(2) Permitted only as an accessory to a primary use. Must be located within the same building as a primary use. (3) Limited to public, quasi-public, or nonprofit establishments. (4) Public, quasi-public, and nonprofit offices are permitted. Conditional Use Permit required for private offices. (5) Limited to public parking for beach or park users.
Section 2. Santa Monica Municipal Code Section 9.31.255 is hereby created to
read as follows:
9.31.255 Public Safety Facilities in the Parks and Open Space Zoning District
DocuSign Envelope ID: DAA7B690-7AFF-4CFD-A8A6-DD4E9F0C8087
7
Public safety facilities in the Parks and Open Space (OS) Zoning District shall be
developed, located, and operated in accordance with the following standards.
A. Determination of Necessity: Public safety facilities may only be permitted in the
OS Zoning District on properties located in the area west of Palisades Beach Road
and north of the Santa Monica Pier. The use of an OS Zoning District property
within this area for this purpose shall only be permitted if siting a public safety
facility in the proposed location would provide public safety service in an area that
has been determined to be underserved by the City’s Police Chief or Fire Chief.
B. Maximum Site area: The site of a public safety facility shall not exceed 15,000
square feet, to include all land area used for buildings, vehicle and equipment
storage, parking and other accessory uses.
C. Maximum Height: A public safety facility shall not exceed one story. A facility may
occupy an existing one-story structure. New construction and additions shall not
exceed 20 feet in height.
D. No intrusion into sandy beach or public paths. A public safety facility may be
located only in an area that is currently paved or landscaped and may not occupy
any part of the existing sandy beach area. A public safety facility shall not intrude
into the California Coastal Trail (CCT, also known as the Marvin Braude Bike Trail)
or cause any disruption of access to the CCT.
E. Locating a facility on a public parking lot. A public safety facility may be located
in an area currently used for public parking, resulting in an overall reduced number
DocuSign Envelope ID: DAA7B690-7AFF-4CFD-A8A6-DD4E9F0C8087
8
of parking spaces, provided that a parking study is submitted that demonstrates to
the satisfaction of the Director of Planning and Community Development that the
remaining public parking supply is sufficient to meet beach visitors’ parking
demand and the design of the remaining parking area provides sufficient vehicle
circulation.
F. Circulation and access. A proposed public safety facility shall be designed and
developed to ensure safe circulation for all vehicles used at the facility, for both
regular access and emergency deployment, and those on adjacent roadways. A
public safety facility shall operate according to a circulation and access plan
approved by the Director.
G. Temporary Facilities. Prior to initiation of use, a temporary public safety facility
shall require a Zoning Conformance Review, pursuant to SMMC Chapter
9.38.020.F to confirm compliance with the requirements of this section.
Section 3. This Interim Zoning Ordinance is not subject to the provisions of the
California Environmental Quality Act (CEQA) pursuant to Section 21065, which defines a
CEQA ‘project’ as an activity which may cause either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the environment
that is directly undertaken, supported, or authorized by the public agency. The
modifications to the Zoning Ordinance relate to the ability to provide public safety services
to the community and do not result in a direct physical change in the environment, or a
reasonably foreseeable indirect physical change in the environment. Thus, this Interim
Zoning Ordinance is exempt from CEQA.
DocuSign Envelope ID: DAA7B690-7AFF-4CFD-A8A6-DD4E9F0C8087
9
Section 4. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
affect the provisions of this Ordinance.
Section 5. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
Section 6. 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
immediately upon adoption.
Section 7. This Ordinance shall be of no further force or effect sixty days from its
effective date, unless it is otherwise extended pursuant to Santa Monica Municipal Code
Section 9.46.090.
APPROVED AS TO FORM:
_________________________
LANE DILG
City Attorney
DocuSign Envelope ID: DAA7B690-7AFF-4CFD-A8A6-DD4E9F0C8087
Approved and adopted this 25th day of February, 2020.
_____________________________
K e v i n M c K e o w n , M a y o r
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2632 (CCS) had its introduction
and adoption at the Santa Monica City Council meeting held on February 25,
2020, by the following vote:
AYES: Councilmembers Davis, Jara, Winterer, Morena, Himmelrich,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2632 (CCS) was duly published pursuant to California
Government Code Section 40806.
DocuSign Envelope ID: DAA7B690-7AFF-4CFD-A8A6-DD4E9F0C8087
3/9/2020