O26571
City Council Meeting: November 10, 2020 Santa Monica, California
ORDINANCE NUMBER 2657 (CCS)
(City Council Series)
AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA EXTENDING INTERIM ZONING
REGULATIONS ESTABLISHED BY EMERGENCY INTERIM ZONING
ORDINANCE NUMBER 2637 (CCS) FOR ECONOMIC RECOVERY IN THE
CITY’S DOWNTOWN, MIXED USE AND COMMERCIAL, EMPLOYMENT,
OCEANFRONT, AND PUBLIC AND SEMI-PUBLIC DISTRICTS, EXCLUDING
THE AREA INCLUDING AND IMMEDIATELY ADJACENT TO THE THIRD
STREET PROMENADE SUBJECT TO INTERIM ZONING REGULATIONS SET
FORTH IN EMERGENCY INTERIM ZONING ORDINANCE NUMBER 2636
(CCS)
WHEREAS, on July 6, 2010, the City Council adopted the Land Use and
Circulation Element of the City’s General Plan (“LUCE”) which designates the
proposed general distribution, location and extent of land uses within the City; 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, on July 25, 2017, the City Council adopted the Downtown
Community Plan (“DCP”) which sets forth the City’s vision of the Downtown as a
high quality, mixed-use district offering opportunities for housing for people across
the income spectrum, jobs, arts and culture, local serving retail and community and
visitor gathering places; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director
of Emergency Services, (“Director of Emergency Services”) proclaimed the
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existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica
Municipal Code to ensure the availability of mutual aid and an effective the City’s
response to the novel coronavirus (“COVID-19”) and this local emergency was
restated on March 14, 2020, through a revised declaration of local emergency to
ensure compliance with all digital signature requirements (the “Executive Order”);
and
WHEREAS, on March 16, 2020 the Director of Emergency Services issued
a Third Supplement to the Executive Order, requiring the closure of a wide range
of businesses including bars, nightclubs, on-premises restaurant service, movie
theatres, live performance venues, gyms, fitness centers, spas, hair salons,
massage parlors, and nail salons; and
WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued
Executive Order N-33-20 directing all residents of the State of California to heed
directives issued by the State Health Officer on the same date instructing all
Californians to stay home except as needed to maintain continuity of operations of
the federal critical infrastructure sectors; and
WHEREAS, on March 19, 2020, the Los Angeles County Department of
Public Health issued an enhanced Health Officer Order, the Safer at Home Order
for Control of COVID-19, amending and superseding its earlier March 16, 2020,
Order, closing all nonessential businesses, and limiting gatherings to 9 people or
less; and
WHEREAS, since March 19, 2020, the Los Angeles County Department of
Public Health has on multiple occasions amended and modified its Health Officer
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Order, including on October 14, 2020, issuing a revised Health Officer Order,
Reopening Safer at Work and in the Community for Control of COVID-19, which
recognizes that existing community transmission of COVID-19 in Los Angeles
County remains widespread and as a result retains strict limitations on public
gatherings, required closures of certain businesses, and strict limitations and
protocols for the operations of businesses permitted to remain open;; and
WHEREAS, the economic impacts of the COVID-19 closures of and
limitations on businesses have been devastating to the local Santa Monica
economy; and
WHEREAS, the hardest hit sectors in Santa Monica include retail and
arts/entertainment/leisure, initially representing the temporary closure of over
approximately 1,300 businesses employing approximately 11,000 people; and
WHEREAS, those businesses that remained, or have since been permitted
to, open are operating at a fraction of pre-COVID levels under the limitations set
forth in the Health Officer Order; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued
the 18th Supplement to the Executive Order, which temporarily permits outdoor
uses to provide additional opportunities for businesses to operate in compliance
with the Health Officer Order, and was subsequently revised to expand
opportunities for outdoor operations in response to amendments to the Health
Officer Order and community input; and
WHEREAS, since the 18th Supplement was issued, only 224 businesses,
including restaurants, retail, fitness and personal services, have submitted
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applications for such outdoor operations;; and WHEREAS, it is clear that the longer
the emergency order is in place, the more difficult it will be for small retail and
restaurant operators to return, reopen, and continue to operate their businesses;
and
WHEREAS, the City’s business improvement districts have reported that at
least 70 small businesses have permanently closed across many sectors,
including retail, leisure, and restaurants; and
WHEREAS, although the City continues to be in an emergency response
phase, an emergency management principle has been established that recovery
planning must begin as early as possible to strengthen community resilience while
shortening the economic recovery timeline; and
WHEREAS, some of the actions that the City has taken during this state of
emergency to support local business are: commercial eviction protections;
suspension of late fees for City-imposed bills and taxes and parking restrictions in
green zones; a website with business resources; and assistance for restaurants
and food retailers by allowing sales of alcohol via delivery and takeout, providing
flexibility for restaurants to sell groceries, and allowing curbside pickup; and
WHEREAS, the City is also building upon the existing Buy Local program
and providing free marketing support through an interactive map showing available
essential services providers that are open providing an avenue for Santa Monica
residents to support local businesses; and
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WHEREAS, on April 14, 2020, the City Council directed that restructuring
city services be prioritized on foundational services, emergency response, and
economic recovery; and
WHEREAS, the City has continued to engage in an economic recovery
strategy that involves a multi-pronged approach focusing on five areas: business
retention and reopening; business process and permitting; publicity and marketing,
community economic development, re-employment, and local hiring; and federal
and state resources; and
WHEREAS, on May 12, 2020, the City Council adopted Emergency Interim
Zoning Ordinance Number 2637 (CCS) (“Interim Zoning Ordinance 2637”), which
established interim zoning regulations to provide immediate relief and regulatory
certainty for businesses Citywide that may have interest in looking ahead to make
plans for re-opening by taking initial steps towards economic recovery that
included: modifying alcohol exemption conditions in order to streamline process
for alcohol service and provide flexibility in operations for eating establishments;
relaxing standards related to legal, nonconforming retail and restaurant uses;
relaxing requirements to provide additional parking and new loading spaces for
changes of use in existing tenant spaces; eliminating the requirement for
Conditional Use Permits for restaurants only due to size; and removing the
inflexibility caused by a cap of no more than 5 persons allowed for small yoga
studios and gyms; and
WHEREAS, on May 12, 2020, the City Council adopted Emergency Interim
Zoning Ordinance Number 2636 (CCS) (“Interim Zoning Ordinance 2636”),
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establishing interim zoning regulations for the economic recovery of those portions
of the BC (Promenade) District bounded by Second Street to the west, Broadway
to the south, 4th Street to the east and Wilshire Boulevard to the north, including
the Third Street Promenade (the “Third Street Promenade Area”); and
WHEREAS, on March 17, 2020, the Director of Emergency Services issued
a Revised Fourth Supplement to the Executive Order which, in part, extended all
interim zoning ordinances in effect during the term of the Executive Order; and
WHEREAS, on March 19, April 6, April 14, May 12, May 26, June 9, June
23, July 14, July 28, and September 8, the City Council ratified the Executive
Order, as well as the supplements to the Executive Order in place at the time,
including the Revised Fourth Supplement; and
WHEREAS, pursuant to the Fourth Revised Supplement, all interim zoning
regulations established by Interim Zoning Ordinances 2636 and 2637 remain in
effect; and
WHEREAS, the Third Street Promenade Area is considered the pedestrian
and economic heart of the City due to its vibrant urban atmosphere supported by
a broad mix of building types, office space, entertainment, retail, restaurants,
cafes, salons and exercise studios; and
WHEREAS, the Third Street Promenade Area is limited to those portions of
the BC (Promenade) and BC (2d and 4th Street) Districts which are not in close
proximity to more concentrated residential uses in order to limit intrusion on those
residential uses; and
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WHEREAS, Interim Zoning Ordinance 2636 established more relaxed
standards for alcohol exemptions within the Third Street Promenade Area than
those established Citywide by Interim Zoning Ordinance 2637; and
WHEREAS, the Santa Monica Pier similarly serves as a commercial and
entertainment destination that is not in close proximity to more concentrated
residential uses; and
WHEREAS, applying the more relaxed standards for alcohol exemptions
that are available to businesses in the Third Street Promenade Area to businesses
on the Santa Monica Pier will further the City’s economic recovery goals without
unduly intruding on surrounding uses; and
WHEREAS, the City Council finds and declares that a current and
immediate threat to the public health, safety, and general welfare continues to exist
due to the devastating impact the COVID-19-mandated closures and limitations
have had on the local economy, and the proposed interim zoning regulations to
stimulate economic recovery are necessary to protect the public health, safety, and
welfare.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Area Subject to Interim Zoning Regulations. The interim
zoning regulations set forth in Section 2 below shall apply to all parcels located in
the City’s Downtown, Mixed-Use and Commercial, Employment, Oceanfront, and
Public and Semi-Public Districts, except that all parcels in the BC (Promenade)
District and all parcels located in that portion of the BC (2nd & 4th Streets) District
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bounded by 2nd Street to the west, Broadway to the south, 4th Street to the east,
and Wilshire Boulevard to the north (collectively the “Third Street Promenade
Area”) shall be excluded. The parcels subject to the interim zoning regulations set
forth in Section 2 below shall be referred to collectively as the “Citywide Economic
Recovery Area”.
SECTION 2. Interim Zoning Regulations. The following interim zoning
regulations shall apply to the areas subject to this Interim Zoning Ordinance:
(a) Interim Land Use Regulations. Notwithstanding anything to the
contrary in the land use regulations set forth in Santa Monica Municipal Code
Sections 9.10.040, 9.11.020, 9.13.020, 9.14.020, or 9.15.020 the following land
use regulations shall apply to the Citywide Economic Recovery Area:
(1) Permitted Use - Restaurants Up to 5,000 SF: Restaurant, full
service, and restaurant, limited service and take-out of up to 5,000 square
feet shall be a permitted use in the Citywide Economic Recovery Area. The
permitting of this use in the Citywide Economic Recovery Area shall not
exempt premises operating under this use from complying with other
regulations, including in particular but not limited to those set forth in Santa
Monica Municipal Code Sections 9.31.040, Alcoholic Beverage Sales;
9.31.200, Outdoor Dining and Seating; 9.31.280, Restaurant, Limited
Service and Take-Out Only; and 9.31.290, Restaurants With Entertainment.
(2) Conditional Use - Food halls up to 175 seats: Food halls, as
that term is defined by paragraph (g)(2) below, with up to 175 seats shall be
a conditionally permitted use in the Citywide Economic Recovery Area.
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(3) Limitation on restaurant uses on Main Street: Specific
limitation (11) as set forth in Table 9.11.020 of Santa Monica Municipal
Code Section 9.11.020 limiting restaurant uses on Main Street in the
Neighborhood Commercial District shall not apply to restaurants operating
as a permitted use on Main Street under paragraph (1) above.
(4) Limitation on size and street frontage for tenant spaces:
Specific Limitations (2), (17), and (19) as set forth in Table 9.11.020 of
Santa Monica Municipal Code Section 9.11.020 limiting the floor area and
and linear feet of street frontage for tenant spaces shall only apply to new
construction and alterations to existing buildings that result in combination
or enlargement of tenant spaces.
(b) Abandonment of Legal Nonconforming Eating and Drinking
Establishment and Retail Uses. Notwithstanding any provisions of Santa Monica
Municipal Code Section 9.27.050(B) to the contrary, the following legal,
nonconforming uses may be resumed, reestablished, or reopened, even if that
nonconforming use has been abandoned for more than one year, unless a
conforming use that meets the applicable requirements of the Zoning Ordinance
has been lawfully established in the space previously occupied by the
nonconforming use:
(1) Restaurant, full service;
(2) Restaurant, limited service and take-out;
(3) Food hall;
(4) General retail sales, small scale; and
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(5) General retail sales, medium scale.
(c) Parking Space Requirements for Changes of Use.
Notwithstanding any provisions of Santa Monica Municipal Code Section
9.28.020(B)(2) to the contrary, changes in use that create an increase of 10 or
fewer required parking spaces, shall not be required to provide additional on-site
automobile parking according to the provisions of Santa Monica Municipal Code
Chapter 9.28. For purposes of this paragraph, the number of additional parking
spaces required for a change of use shall be calculated in accordance with Santa
Monica Municipal Code Section 9.28.080(B)(1), except that if the change of use is
a restaurant, the calculation shall be based on the number of square feet in the
dining area only, and shall exclude any square feet dedicated to outdoor dining.
(d) Offsite Parking Requirements for Food Halls. For application to
the Citywide Economic Recovery Area only, the off-street parking requirements set
out in Santa Monica Municipal Code Section 9.28.060, shall be modified to provide
as follows for Food Halls, as defined by paragraph (g)(2) below:
1. Citywide (Excluding Parking Overlay Area 1, Downtown
Community Plan Area, and Bergamot Area Plan Area): 1 space per 300
sq. ft.
2. Parking Overlay Area 1: 1 space per 500 sq. ft.
3. Downtown Community Plan Area (maximum parking
allowed): 1 space per 500 sq. ft.
(e) Loading Space Requirements for Changes of Use.
Notwithstanding any provisions of Santa Monica Municipal Code Section 9.28.080
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to the contrary, no building permit shall issue for a change of up to 5,000 square
feet in use unless the Director has reviewed and approved a parking and loading
operations plan for the proposed change in use. The Director may, in accordance
with the requirements of this paragraph, approve a parking and loading operations
plan that results in a waiver or reduction in the number and/or dimensions of
loading areas and spaces otherwise required under Section 9.28.080. The parking
and loading operations plan shall include information as deemed appropriate by
the Director for approval, including, but not limited to, plans, prior uses, easements,
and other items necessary or relevant to describe existing conditions and the
proposed changes in use. The Director may approve a parking and loading
operations plan upon a determination that the plan is not in conflict with other
project operations and impacts to the public right-of-way, which may include, but
not be limited to, impacts to resource, recovery and recycling operations, noise
impacts, and public safety concerns.
(f) Alcohol Exemption Zoning Conformance Permit for the
Citywide Economic Recovery Area Excluding the Santa Monica Pier.
Notwithstanding any provisions of Santa Monica Municipal Code Section
9.31.040(D) to the contrary, the following regulations related to Alcohol Exemption
Zoning Conformance Permits shall apply to the Citywide Economic Recovery Area,
excluding the Santa Monica Pier, which shall be governed by the regulations set
forth in paragraph (g), below:
(1) The following uses that offer alcoholic beverages shall be
exempted from the provisions of the Conditional Use Permit requirement of
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subsection 9.31.040(B) if such a permit is approved in writing by the Director
and if the applicant agrees in writing to comply with all of the following
criteria and conditions set forth in paragraph 2, below:
a. Restaurant, full service; or
b. Restaurant, limited service and take-out.
(2) The Director may approve a permit under paragraph 1, above,
subject to the following criteria and conditions:
a. If a counter service area is provided, food service shall
be available at all hours the counter is open for patrons, and the
counter area shall not function as a separate bar area.
b. Window or other signage visible from the public right-
of-way that advertises beer or alcohol shall not be permitted.
c. Customers shall be permitted to order meals at all
times and at all locations where alcohol is being served. The
premises shall serve food to patrons during all hours the premises is
open for customers.
d. The premises shall maintain a kitchen or food-serving
area in which a variety of food is prepared on the premises.
e. Take out service shall be only incidental to the primary
sit-down use.
f. Sale of alcoholic beverages for consumption beyond
the premises shall be permitted if authorized by the premises’
California Alcoholic Beverage Control (“ABC”) license.
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g. No video or other amusement games shall be
permitted on the premises.
h. Entertainment may only be permitted in the manner set
forth in Section 9.31.290, Restaurants with Entertainment.
i. The primary use of any outdoor dining area shall be for
seated meal service. Patrons who are standing in the outdoor seating
area shall not be served.
j. The premises shall at all times conduct operations in a
manner not detrimental to surrounding properties by reason of lights,
noise, activities or other actions. The operator of the premises shall
control noisy patrons leaving the premises.
k. The permitted hours of alcoholic beverage service shall
be 8:00 a.m. to 12:00 a.m. with complete closure and all employees
vacated from the building by 1:00 a.m. All alcoholic beverages must
be removed from any outdoor dining area no later than 11:00 p.m.
Sunday through Thursday. No after-hours operation is permitted.
l. Liquor bottle service shall be prohibited. Wine and beer
bottle service shall not be available to patrons unless full meal
service is provided concurrent with the bottle service. For purposes
of this paragraph, ”bottle service” means the service of any full bottle
of liquor, wine, or beer of more than 375 ml, along with glass ware,
mixers, garnishes, or other items used for the mixing of drinks, which
patrons are able to then use to make their own drinks or pour their
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own wine or beer. All food items shall be available from the premises’
full service menu.
m. No organized queuing of patrons at the entry or
checking of identification to control entry into and within the premises
shall be permitted. There shall not be any age limitation imposed
restricting access to any portion of the restaurant.
n. The premises shall not organize or participate in
organized “pub-crawl” events where participants or customers pre-
purchase tickets or tokens to be exchanged for alcoholic beverages
at the premises.
o. Premises with amplified music shall be required to
comply with Chapter 4.12, Noise, of the Santa Monica Municipal
Code.
p. Prior to occupancy, a security plan for the premises
shall be submitted to the Chief of Police for review and approval. The
plan shall address both physical and operational security issues.
q. Prior to occupancy, the operator of the premises shall
submit a plan for approval by the Director regarding employee
alcohol awareness training programs and policies. The plan shall
outline a mandatory alcohol-awareness training program for all
employees having contact with the public and shall state
management’s policies addressing alcohol consumption and
inebriation. The program shall require all employees having contact
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with the public to complete an ABC-sponsored alcohol awareness
training program within 90 days of the effective date of the exemption
determination. In the case of new employees, the plan shall require
all such new employees to attend an ABC-sponsored alcohol
awareness training program within 90 days of hiring. In the event the
ABC no longer sponsors an alcohol awareness training program, all
employees having contact with the public shall complete an
alternative program approved by the Director. The operator of the
premises shall provide the City with an annual report regarding
compliance with this requirement. The operator of the premises shall
be subject to any future Citywide alcohol awareness training program
affecting similar establishments.
r. Within 30 days from the date of approval of this
exemption, the applicant shall provide a copy of the signed
exemption to the local office of the ABC.
s. Prior to occupancy, the operator of the premises shall
submit a plan describing the premises’ designated driver program,
which shall be offered by the operator of the premises to the
premises’ patrons. The plan shall specify how the operator will inform
patrons of the program, such as by offering on the menu a free non-
alcoholic drink for every party of two or more ordering alcoholic
beverages.
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t. Notices shall be prominently displayed urging patrons
to leave the premises and neighborhood in a quiet, peaceful, and
orderly fashion and to not litter or block driveways in the
neighborhood.
u. Employees of the premises shall walk a 100-foot radius
from the premises at some point prior to 30 minutes after closing and
shall pick up and dispose of any discarded beverage containers and
other trash left by patrons.
v. The exemption shall apply to approved and dated
plans, a copy of which shall be maintained in the files of the City
Planning Division. Project development shall be consistent with such
plans, except as otherwise specified in these conditions of approval.
Minor amendments to the plans shall be subject to approval by the
Director.
w. In the event of a conflict between the regulations of this
Section and regulations issued by the ABC, the ABC regulations
shall control and be deemed to have modified contrary provisions of
this Section.
(3) With respect to the Director’s decision for an Alcohol
Exemption Zoning Conformance Permit for a restaurant with over 50 seats,
within 2 business days from the date when the determination has been
made concerning the application and posted on the City’s website, the
Director shall transmit a notice of determination that summarizes the
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determination and provides a website link to the Statement of Official Action
to the applicant at the address shown on the application and to all property
owners and residential and commercial tenants within a radius of 750 feet
from the exterior boundaries of the property involved in the application.
(g) Alcohol Exemption Zoning Conformance Permit for Santa
Monica Pier. Notwithstanding any provisions of Santa Monica Municipal Code
Section 9.31.040(D) to the contrary, the following regulations related to Alcohol
Exemption Zoning Conformance Permits shall apply on the Santa Monica Pier:
1. The following uses that offer alcoholic beverages shall be
exempted from the provisions of the Conditional Use Permit requirement of
subsection 9.31.040(B) if such a permit is approved in writing by the Director
and if the applicant agrees in writing to comply with all of the following
criteria and conditions set forth in paragraph 2, below:
a. Bar/nightclub/lounge;
b. Restaurant, full service;
c. Restaurant, limited service and take-out;
d. Food hall;
e General retail sales, small scale; and
f. General retail sales, medium scale
2. The Director may approve a permit under paragraph 1, above,
subject to the following criteria and conditions:
a. The permitted hours of alcoholic beverage service shall
be 8:00 a.m. to 2:00 a.m. daily.
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b. From 8:00 am until at least 10:00 p.m., food service
shall be available at all times when alcohol is being served.
c. Sale of alcoholic beverages for consumption beyond
the premises shall be permitted if authorized by the premises’
California Alcoholic Beverage Control (“ABC”) license.
d. Window or other signage visible from the public right-
of-way that advertises beer or alcohol shall not be permitted.
e. Except as may be permitted by a Temporary Use
Permit issued in accordance with Santa Monica Municipal Code
Chapter 9.44, Temporary Use Permits, alcohol shall not be served in
any disposable containers such as disposable plastic or paper cups.
f. The premises shall at all times conduct operations in a
manner not detrimental to surrounding properties by reason of lights,
noise, activities or other actions. The operator of the premises shall
control noisy patrons leaving the premises.
g. Liquor bottle service shall be prohibited. Wine and beer
bottle service shall not be available to patrons unless food service is
provided concurrent with the bottle service. For purposes of this
paragraph, “bottle service” means the service of any full bottle of
liquor, wine, or beer of more than 375 ml, along with glass ware,
mixers, garnishes, or other items used for the mixing of drinks, which
patrons are able to then use to make their own drinks or pour their
own wine or beer.
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h. The premises shall not organize or participate in
organized “pub-crawl” events where participants or customers pre-
purchase tickets or tokens to be exchanged for alcoholic beverages
at the premises.
i. Premises with amplified music shall be required to
comply with Chapter 4.12, Noise, of the Santa Monica Municipal
Code.
j. Prior to occupancy, a security plan for the premises
shall be submitted to the Chief of Police for review and approval. The
plan shall address both physical and operational security issues.
k. Prior to occupancy, the operator of the premises shall
submit a plan for approval by the Director regarding employee
alcohol awareness training programs and policies. The plan shall
outline a mandatory alcohol-awareness training program for all
employees having contact with the public and shall state
management’s policies addressing alcohol consumption and
inebriation. The program shall require all employees having contact
with the public to complete an ABC-sponsored alcohol awareness
training program within 90 days of the effective date of the exemption
determination. In the case of new employees, the plan shall require
all such new employees to attend an ABC-sponsored alcohol
awareness training program within 90 days of hiring. In the event the
ABC no longer sponsors an alcohol awareness training program, all
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employees having contact with the public shall complete an
alternative program approved by the Director. The operator of the
premises shall provide the City with an annual report regarding
compliance with this requirement. The operator of the premises shall
be subject to any future Citywide alcohol awareness training program
affecting similar establishments.
l. Within 30 days from the date of approval of this
exemption, the applicant shall provide a copy of the signed
exemption to the local office of the ABC.
m. Prior to occupancy, the operator of the premises shall
submit a plan describing the premises’ designated driver program,
which shall be offered by the operator to the premises’ patrons. The
plan shall specify how the operator will inform patrons of the
program, such as by offering on the menu a free non-alcoholic drink
for every party of two or more ordering alcoholic beverages.
n. Notices shall be prominently displayed urging patrons
to leave the premises and neighborhood in a quiet, peaceful, and
orderly fashion and to not litter or block driveways in the
neighborhood.
o. Employees of the premises shall walk a 100-foot radius
from the premises at some point prior to 30 minutes after closing and
shall pick up and dispose of any discarded beverage containers and
other trash left by patrons.
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p. The exemption shall apply to approved and dated
plans, a copy of which shall be maintained in the files of the City
Planning Division. Project development shall be consistent with such
plans, except as otherwise specified in these conditions of approval.
Minor amendments to the plans shall be subject to approval by the
Director.
q. In the event of a conflict between the regulations of this
Section and regulations issued by the ABC, the ABC regulations
shall control and be deemed to have modified contrary provisions of
this Section.
(gh) Interim Use Classifications. For application to the Citywide
Economic Recovery Area only, the nonresidential use classifications set out in
Santa Monica Municipal Code Section 9.51.030 are modified as follows:
(1) Small-Scale Facility. The commercial use classification set
out in Santa Monica Municipal Code Section 9.51.030(B)(7)(e) is modified
to read as follows: 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, dance halls, small tennis club
facilities, poolrooms, and amusement arcades.
(2) Food Hall. There is established a new Food Hall commercial
use category as follows: Establishments consisting of three or more
individually-licensed businesses within an enclosed building where food
and beverages may be consumed on the premises, taken out, or delivered,
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and may also include small retail venues. Patrons may be served while
seated and pay after eating, or orders may be made at a walk-up window,
counter, machine, or remotely, and payment made prior to food
consumption. Characteristics of food halls include but are not limited to:
shared entrance/lobby areas, compartmentalized spaces for individually
licensed businesses, shared eating areas, shared restrooms, and shared
“back of house” areas (e.g., storage, dishwashing, food preparation). Each
compartmentalized space may have access to the exterior of the building,
along with outdoor dining and seating areas, which may be shared with
other businesses within the establishment.
(3) Personal Services, Physical Training. The commercial use
classification set out in Santa Monica Municipal Code Section
9.51.030(B)(21)(b) is modified to read as follows: Gyms exercise clubs, or
studios offering martial arts, physical exercise, yoga training and similar
types of instruction to classes and groups of less than 5,000 square feet.
This classification also includes exclusively youth-serving studios of less
than 3,000 square feet offering performing arts, dance, martial arts, physical
exercise, and similar types of instruction to classes and groups of more than
5 persons.
SECTION 3. Any provision of the Santa Monica Municipal Code or any
appendix thereto inconsistent with the provisions of this Emergency Interim Zoning
Ordinance, to the extent of such inconsistencies and no further, is hereby repealed
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or modified to that extent necessary to effect the provisions of this Emergency
Interim Zoning Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this
Emergency Interim Zoning 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 Emergency Interim
Zoning Ordinance. The City Council hereby declares that it would have passed this
Emergency Interim Zoning 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 5. The Mayor shall sign and the City Clerk shall attest to the
passage of this Emergency Interim Zoning Ordinance. The City Clerk shall cause
the same to be published once in the official newspaper within 15 days after its
adoption. This Emergency Interim Zoning Ordinance shall become effective
immediately upon adoption.
///
///
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SECTION 6. This Emergency Interim Zoning Ordinance shall be of no
further force or effect after December 31, 2022 unless it is otherwise extended
pursuant to Santa Monica Municipal Code Section 9.46.090 or continues to remain
in force pursuant to the Revised Fourth Supplement or other valid emergency
order.
APPROVED AS TO FORM:
_________________________
GEORGE S. CARDONA
Interim City Attorney
DocuSign Envelope ID: E9657915-1274-4EEB-9707-00C0128AC2F8
Approved and adopted this 10th day of November, 2020.
_____________________________
Kevin McKeown, Mayor
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. 2657 (CCS) had its introduction
and adoption at the Santa Monica City Council meeting held on November 10,
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. 2657 (CCS) was duly published pursuant to California
Government Code Section 40806.
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11/19/2020