O26581
City Council Meeting: November 10, 2020 Santa Monica, California
ORDINANCE NUMBER 2658 (CCS)
(City Council Series)
AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA EXTENDING AND AMENDING INTERIM
ZONING REGULATIONS ESTABLISHED BY EMERGENCY INTERIM
ORDINANCE 2636 (CCS) FOR ECONOMIC RECOVERY OF THE BC
(PROMENADE) DISTRICT AND THOSE PORTIONS OF THE BC (2ND AND
4TH STREET) DISTRICT BOUNDED BY SECOND STREET TO THE WEST,
BROADWAY TO THE SOUTH, 4TH STREET TO THE EAST, AND WILSHIRE
BOULEVARD TO THE NORTH
WHEREAS, on July 25, 2017, the City Council of the City of Santa Monica
(the “City Council”) adopted the Downtown Community Plan (“DCP”) which sets
forth a vision for the continued vitality of the Third Street Promenade as a major
public space framed by a mix of retail, restaurants, and services that form unique
experiences enjoyable to both residents and visitors; and
WHEREAS, the DCP supports activities that enrich the Promenade,
including street performances and events that enliven the street and provide
memorable experiences for visitors, while also seeking to expand cultural
opportunities including live music venues and upgraded state-of-the art cinemas;
and
WHEREAS, the DCP acknowledges that the Promenade is an essential
component of the Downtown’s economic sustainability and emphasizes the
importance of reevaluating and refreshing the Promenade so that it remains
attractive and exciting to residents and visitors alike; and
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WHEREAS, in 2018, the City and Downtown Santa Monica, Inc. (“DTSM”)
commenced a planning effort, “Promenade 3.0”, to study the future of the Third
Street Promenade, and subsequently convened a “Promenade 3.0 Task force” to
provide advice to the planning effort; and
WHEREAS, on December 12, 2018, the scope of the Promenade 3.0
planning effort was presented to the Planning Commission; and
WHEREAS, in April 2019, the Promenade 3.0 Task Force, Third Street
property owners, and the DTSM board reviewed and commented on a “Project
Vision/Goals” document intended to provide guidance to the Promenade 3.0
planning effort as it imagines new alternatives to the Promenade’s physical design,
amendments to the City’s zoning ordinances, and programmatic activities; and
WHEREAS, the City, after receiving input from DTSM staff, property
owners, leasing agents, and DTSM board members identified a variety of
amendments to the City’s zoning ordinances to reduce or eliminate regulations that
may impede or delay commencement of tenancies and business operations and
increase opportunities for a variety of retail, restaurant, and service uses; and
WHEREAS, the Promenade 3.0 planning effort was organized into three
“lanes” of activities, with “Lane 2” focusing on the evaluation of regulatory changes
to private property to encourage diverse and engaging businesses; and
WHEREAS, in Spring 2019, City and DTSM staff identified a number of
potential revisions to regulations and process that fell within the “Lane 2” category.
These revisions included modifications to zoning to increase opportunities for
nightlife and entertainment, provide flexibility to divide spaces and change uses to
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better meet market conditions, and improve the function of alleys, outdoor dining
areas, and other ancillary spaces; and
WHEREAS, on June 19, 2019, the “Project Vision/Goals” document was
presented to the Planning Commission for review, and the Planning Commission
adopted a resolution of intent to pursue zoning ordinance amendments relevant to
“Lane 2”; and
WHEREAS, at a subsequent meeting on October 2, 2019, the Planning
Commission requested that City staff explore greater flexibility with more
administrative approvals than currently available for uses falling within “Lane 2”
and consented to piloting new regulations through an Interim Zoning Ordinance
(IZO); and
WHEREAS, at a Promenade 3.0 study session on November 5, 2019, City
Council responded positively to fostering the development of nightlife, cultural, and
entertainment uses that encourage patronage of physical establishments and
increase pedestrian activity on the Promenade at alternate times of day, supporting
private property owners in adapting their spaces to an evolving retail environment
and selecting tenants that present the Promenade as unique in the landscape of
competitive regional destinations, and delegating review authority to City staff and
otherwise codifying adaptability and flexibility to allow for nimble and efficient re-
tenanting of vacancies as retail concepts continue to evolve; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director
of Emergency Services, (“Director of Emergency Services”) proclaimed the
existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica
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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
Order, including on October 14, 2020, issuing a revised Health Officer Order,
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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, intially 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
applications for such outdoor operations; and
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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
WHEREAS, on April 14, 2020, the City Council directed that restructuring
city services be prioritized on foundational services, emergency response, and
economic recovery; and
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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, the Promenade’s past success has resulted from the creation
of an authentic urban retail, dining, and cinema experience; and
WHEREAS, as the commercial and economic landscape evolves, the
Promenade’s economic recovery and competitive advantage will depend on its
ability to deliver on a diverse range of unique dining, retail, and entertainment uses;
and
WHEREAS, it will facilitate economic recovery of the Promenade to extend
to the area surrounding the Promenade that is bounded by 2nd Street to the west,
Broadway to the south, 4th Street to the east, and Wilshire Boulevard to the north,
regulatory relief consistent with that provided to the Promenade, including in
particular increased flexibility in use for alleys adjacent to the Promenade; and
WHEREAS, remaining portions of the BC (2nd & 4th Street) District are in
closer proximity to more concentrated residential uses and the proposed relaxed
restrictions could intrude on those uses; and
WHEREAS, on May 12, 2020, the City Council adopted Emergency Interim
Zoning Ordinance Number 2636 (CCS) (“Interim Zoning Ordinance 2636”), which
established interim zoning regulations to provide immediate relief and regulatory
certainty for businesses in the Third Street Promenade area that may have interest
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in looking ahead to make plans for re-opening by taking initial steps towards
economic recovery that included: minor modifications to land use regulations to
provide additional business opportunities and increased flexibility for existing
businesses; eliminating the requirement of a Conditional Use Permit for the
conversion of eating and drinking establishments to other uses; easing standards
related to legal, nonconforming restaurant and retail uses; relaxing Alcohol
Exemption conditions and processes; and allowing for alternate compliance with
loading standards; 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 Ordinance 2636 remain in effect; and
WHEREAS, Interim Zoning Ordinance 2636 allows projects that are limited
to a change of use within an existing building to utilize Parking and Loading
Operations Plans to meet loading requirements to provide more flexibility for
businesses and allow for more creative use of alley frontages while ensuring
adequate and effective loading operations in the alley; and
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WHEREAS, since the adoption of Interim Zoning Ordinance 2636, a number
of projects that were not limited to a change in use within an existing building,
including a proposed new building and a minor addition to an existing building on
the Promenade, have encountered challenges in finding sufficient room to
accommodate current loading space dimensions and design requirements on-site
along with meeting turning radius requirements given the existing alley widths of
2nd Court and 3rd Court; and
WHEREAS, allowing new buildings, additions, and enlargements of use to
utilize Parking and Loading Operations Plans to meet loading requirements would
allow additional flexibility for these types of projects and further encourage the
City's economic recovery goals by providing for additional opportunities for creative
use of alley frontages; 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 properties located
in the BC (Promenade) District and parcels located in that portion of the BC (2nd &
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4th Streets) District 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”). The remaining parcels located in the BC (2nd & 4th Streets)
District along the west side of 2nd Street and the east side of 4th Street shall not be
subject to the interim zoning regulations set forth in this Interim Zoning Ordinance.
SECTION 2. Interim Zoning Regulations. The following interim zoning
regulations shall apply to the Third Street Promenade Area:
(a) Interim Land Use Regulations. Notwithstanding anything to the
contrary in Santa Monica Municipal Code Section 9.10.040, the following land use
table prescribes the land use regulations for the Third Street Promenade Area. The
regulations are established by letter designations in the land use table. 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-
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classifications not listed in the table are prohibited unless the Director determines
whether a specific use not listed in the table shall be deemed to be within one or
more use classifications pursuant to Chapter 9.51. 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
the Zoning Ordinance that are not affected by the interim zoning regulations.
Use Classification BC
(Promenade)
BC
(2nd &
4th
Streets)
Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.
Single Unit Dwelling L(1) L(1)
Accessory Dwelling Unit - -
Duplex L(1) L(1)
Multiple-Unit Structure L(1) L(1)
Senior Citizen Multiple-Unit Residential L(1) L(1)
Single-Room Occupancy Housing L(1) L(1)
Group Residential MUP, L(1) MUP,
L(1)
Congregate Housing CUP, L(1) CUP,
L(1)
SMMC Section 9.31.110,
Congregate and
Transitional Housing
Senior Group Residential MUP, L(1) MUP,
L(1)
SMMC Section 9.31.310,
Senior Group Residential
Elderly and Long-Term Care L(1) L(1)
Emergency Shelters CUP/L(1) L(1),
L(6)/CUP
Family Day Care See sub-classifications below.
Large L(1) L(1) SMMC Section 9.31.140,
Family Day Care, Large
Small L(1) L(1)
Residential Facilities See sub-classifications below.
Residential Care, General L(1) L(1)
SMMC Section 9.31.270,
Residential Care Facilities Residential Care, Limited L(1) L(1)
Residential Care, Senior L(1) L(1)
Hospice, General L(1) L(1)
Hospice, Limited L(1) L(1)
Supportive Housing L(1) L(1)
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Use Classification BC
(Promenade)
BC
(2nd &
4th
Streets)
Additional Regulations
Transitional Housing L(1) L(1)
Public and Semi-Public Uses
Adult Day Care L(1) L(1)
Child Care and Early Education Facilities L(1) P
SMMC Section 9.31.120,
Child Care and Early
Education Facilities
Colleges and Trade Schools, Public or
Private L(1) L(1)
Community Assembly - P
Community Gardens - P
Cultural Facilities P P
Hospitals and Clinics L(1) L(1)
Park and Recreation Facilities, Public P P
Public Safety Facilities P P
Schools, Public or Private L(1) P
Social Service Centers - 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)/CUP No more than 10 dogs or
cats can be kept overnight
Pet Day Care Services - MUP
Veterinary Services - MUP
Automobile/Vehicle Sales and Service See sub-classifications below.
Alternative Fuels and Recharging
Facilities - -
Automobile Rental L(10) L(10)
Automobile Storage Use - -
New Automobile/Vehicle Sales and
Leasing
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
- -
SMMC Section 9.31.070
Automobile/ Vehicle Sales,
Leasing, and Storage
Additions larger than 7,500 sq ft to
Automobile/Vehicle Sales and Leasing
buildings existing as of 7/06/2010
- -
Automobile/Vehicle Repair, Major - -
Automobile/Vehicle Service and Repair,
Minor - -
Automobile/Vehicle Washing - -
Service Station - -
Towing and Impound - -
Banks and Financial Institutions See sub-classifications below.
Banks and Credit Unions - -
Check Cashing Businesses - -
Business Services - L(5)/CUP
Commercial Entertainment and Recreation See sub-classifications below.
Cinemas & Theaters, up to 99 seats P P
Cinemas & Theaters, more than 99 seats CUP CUP
Convention and Conference Centers CUP CUP
Large-Scale Facility CUP CUP
Small-Scale Facility L(5)/CUP L(5)/CUP SMMC Section 9.31.340
Small Scale Facility
Eating and Drinking Establishments See sub-classifications below.
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Use Classification BC
(Promenade)
BC
(2nd &
4th
Streets)
Additional Regulations
Bars/Nightclubs/Lounges P P
Restaurants, Full-Service, Limited Service
& Take-out (2,500 sq ft and smaller,
including Outdoor Dining and Seating)
P P
SMMC Section 9.31.040,
Alcoholic Beverage Sales
SMMC Section 9.31.280,
Restaurants, Limited
Service, and Take-Out
Only
SMMC Section 9.31.200,
Outdoor Dining and
Seating
Restaurants, Full-Service, Limited Service
& Take-out (2,501 – 5,000 sq ft, including
Outdoor Dining and Seating)
P P
Restaurants, Full-Service, Limited Service
& Take-out (greater than 5,000 sq ft,
including Outdoor Dining and Seating)
P P
Food Hall P P
Equipment Rental - -
Food and Beverage Sales See sub-classifications below.
Convenience Market L(5)/CUP L(5)/CUP SMMC Section 9.31.040,
Alcoholic Beverage Sales
Farmers’ Market P P
General Market L(12)/ CUP L(12)/
CUP
SMMC Section 9.31.040,
Alcoholic Beverage Sales
Liquor Stores CUP CUP
Funeral Parlors and Mortuaries - -
Instructional Services L(1),
L(5)/CUP L(5)/CUP
Live-Work L(1)(13) L(13) SMMC Section 9.31.170,
Live-Work
Lodging See sub-classifications below.
Bed and Breakfast MUP MUP SMMC Section 9.31.090,
Bed and Breakfasts
Hotels and Motels CUP CUP
Maintenance and Repair Services - -
Nurseries and Garden Centers - L(5)/CUP
SMMC Section 9.31.220,
Outdoor Retail Display and
Sales
Offices See sub-classifications below.
Business and Professional L(1) L(1)
Creative L(1) L(1)
Medical and Dental L(1) L(1)
Walk-In Clientele L(1) L(5)/CUP
Outdoor Newsstands P P SMMC Section 9.31.210,
Outdoor Newsstands
Parking, Public or Private - CUP
Personal Services See sub-classifications below.
General Personal Services L(1),
L(5)/CUP L(5)/CUP SMMC Section 9.31.230,
Personal Service
Physical Training L(1), L(17),
L(5)/CUP
L(17),
L(5)/CUP
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Use Classification BC
(Promenade)
BC
(2nd &
4th
Streets)
Additional Regulations
Tattoo or Body Modification Parlor MUP MUP SMMC Section 9.31.230,
Personal Service
Retail Sales See sub-classifications below.
Building Materials Sales and Services - - SMMC Section 9.31.220,
Outdoor Retail Display and
Sales
General Retail Sales, Small-Scale P L(5)/CUP
General Retail Sales, Medium-Scale CUP CUP
General Retail Sales, Large-Scale - -
Medical Marijuana Dispensaries - -
SMMC Section 9.31.185,
Medical Marijuana
Dispensaries
Pawn Shops - -
Swap Meets - -
Industrial Uses
Artist’s Studio L(2) L(2)
Commercial Kitchens - -
Industry, Limited L(9) L(9)
Media Production See sub-classifications below.
Support Facilities L(1) L(1)
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P
City Bike Share Facility P P
Communication Facilities See sub-classifications below.
Antennas and Transmission Towers - -
Equipment within Buildings - -
Light Fleet-Based Services - -
Utilities, Major - -
Utilities, Minor 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.
(2) A minimum average depth of 40 feet, but in no case less than 25 feet, from the front parcel
line adjacent to a street for the entire ground-floor street frontage shall be designed to
accommodate interactive uses. For purposes of this limitation, interactive uses shall be
commercial uses with an interactive element, including, but not limited to, retail sales,
exhibitions, displays, demonstrations, or instruction.
(5) Permitted if within buildings existing as of the date the ordinance codified in this Chapter is
effective. Permitted within 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.
(8) Limited to alternative fuel vehicle automobile dealer showrooms only.
(9) A minimum depth of 50 feet from the front parcel line adjacent to a street for the entire
ground-floor street frontage shall be designed to accommodate interactive uses. For
purposes of this limitation, interactive uses shall be commercial uses with an interactive
element, including, but not limited to, retail sales, dining, demonstrations, or instruction.
(10) Permitted as an ancillary use to support a primary use.
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(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 uses that generate airborne particulates in a unit
with an unenclosed kitchen.
(17) Youth-serving personal services, physical training requires review and approval of a
passenger loading and drop-off plan by the Director.
(b) Conversion of Any Portion of an Eating and Drinking Establishment
to Any Other New or Expanded Use Located on the Ground Floor.
Notwithstanding the provisions of Santa Monica Municipal Code Section
9.10.040(A), that section shall not apply in the Third Street Promenade Area.
(c) 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. Bar/nightclub/lounge;
2. Restaurant, full service
3. Restaurant, limited service and take-out;
4. Food hall;
5. General retail sales, small scale; and
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6. General retail sales, medium scale.
(d) Offsite Parking Requirements for Food Halls. For application to
the Third Street Promenade 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 (h)(2) below: off-street parking
shall be provided for Food Halls in an amount of no more than 1 space per 500 sq.
ft.
(e) Loading Space Requirements for New Buildings, Additions,
Enlargements of Use, and Changes of Use. Notwithstanding any provisions of
Santa Monica Municipal Code Section 9.28.080 to the contrary, no building permit
shall issue for a new building, addition, enlargement of use, or change in use within
the Third Street Promenade Area unless the Director has reviewed and approved
a parking and loading operations plan for the proposed project. 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 project. 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
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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.
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 in the Third Street Promenade Area:
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.
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.
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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.
h. The premises shall not organize or participate in
organized “pub-crawl” events where participants or customers pre-
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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
employees having contact with the public shall complete an
alternative program approved by the Director. The operator of the
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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.
p. The exemption shall apply to approved and dated
plans, a copy of which shall be maintained in the files of the City
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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.
(g) Zoning Conformance Review for Existing Alcohol Outlets.
Notwithstanding anything to the contrary in Santa Monica Municipal Code Section
9.31.040(E), the following regulations shall apply to Zoning Conformance Review
for existing alcohol outlets in the Third Street Promenade Area:
1. When an existing alcohol outlet without a Conditional Use
Permit changes ownership or undergoes an interior remodel, it shall be
subject to Zoning Conformance review to confirm consistency with current
operations, except that an existing alcohol outlet that was lawfully
established and is nonconforming solely due to the lack of an approved
Conditional Use Permit shall not be subject to a zoning conformance review
if the licensed premises have remained in continuous operation without
substantial change in mode or character of operation. As used in this
paragraph, a substantial change in mode or character of operation shall
include, but is not limited to: a 5 percent increase in the floor area of the
premises; a 10 percent increase in the shelf area used for the display of
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alcoholic beverages; implementing a cover charge, that is, requiring
payment from customers before they may enter the premises; or a 5 percent
increase or decrease in the number of seats in any restaurant that serves
alcoholic beverages, but in no case shall the increase exceed any
established seating limitation in the underlying zoning district.
2. When an existing alcohol outlet with a Conditional Use Permit
changes ownership or undergoes an interior remodel, it shall be subject to
Zoning Conformance review to ensure compliance with the existing CUP.
(h) Interim Use Classifications. For application to the Third Street
Promenade 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, 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
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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.
4. Industry, Limited. The industrial use classification set out in Santa
Monica Municipal Code Section 9.51.030(C )(5) is modified to read as follows:
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; printing, engraving, and publishing; sign
painting shops; machine and electrical shops; computer and electronic product
manufacturing; furniture and related product manufacturing; and industrial
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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.
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
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 Emergency Interim Zoning 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
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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. 2658 (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. 2658 (CCS) was duly published pursuant to
California Government Code Section 40806.
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11/19/2020