O2703City Council Meeting: May 10, 2022 Santa Monica, California
ORDINANCE NUMBER 2703 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA TO AMEND THE TEXT OF THE CITY’S ZONING ORDINANCE TO
ESTABLISH A CONDITIONAL USE PERMIT REQUIREMENT TO ALLOW A LAWFUL
NONCONFORMING HOTEL RESTAURANT LOCATED WITHIN THE R2 OR R3
ZONING DISTRICT THAT MEETS MINIMUM REQUIREMENTS TO PROVIDE MEAL
AND ALCOHOL SERVICE TO THE GENERAL PUBLIC
WHEREAS, on October 7, 2020 and April 19, 2021, the Oceana hotel filed
applications for two Conditional Use Permits, 20ENT-0237 and 21ENT-0090, to provide
meal and alcohol services offered by the Oceana Hotel’s existing onsite restaurant to the
general public; and
WHEREAS, also on October 7, 2020, in accordance with Santa Monica Municipal
Code Section 9.46.030(C), the Oceana filed an application for a text amendment, 20ENT-
0236, to establish a Conditional Use Permit requirement to allow a lawful nonconforming
hotel restaurant located in the R2 or R3 District that meets minimum requirements to
provide meal and alcohol service to the general public; and
WHEREAS, hotel uses have been in existence in the R2 and R3 zoning districts
since at least 1958; and
WHEREAS, on September 25, 1990, the City Council adopted Ordinance Number
1543 (CCS), which prohibited hotel uses in certain areas of the R2 and R3 Districts and
provided that those uses would be subject to termination within 20 years; and
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WHEREAS, on November 28, 1995, the City Council adopted Ordinance Number
1832 (CCS), which established that even though hotels were not permitted in the R2 and
R3 Districts, hotels in existence as of January 1, 1995, or their replacement, would be
considered permitted uses, subject to certain standards and limitations, and that such
hotels were permitted to increase the number of rooms by five percent or five rooms,
whichever is less; and
WHEREAS, on December 5, 2006, the City Council adopted Ordinance Number
2213 (CCS), which increased the limitation on the number of guest rooms that could be
added to a hotel existing as of January 1, 1995 in the R2 and R3 Districts to twenty-five
percent, or fifteen rooms, whichever is less; 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, the Zoning Ordinance reclassified hotels in R2 and R3 Districts in
existence as of January 1, 1995 as lawful nonconforming uses, subject to the provisions
of Santa Monica Municipal Code Section 9.27.050, including a prohibition against a
substantial change in mode or character of the lawful nonconforming use; and
WHEREAS, hotels located in the R2 and R3 Districts as of January 1, 1995 have
become known and long-standing neighborhood features; and
WHEREAS, allowing lawful nonconforming restaurant uses in those hotels that
had received a Conditional Use Permit to serve alcohol as of the adoption of the Zoning
Ordinance to serve the general public will expand the local-serving uses available to the
neighborhood within walk or short distance away; and
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WHEREAS, establishing a Conditional Use Permit requirement for such an
expansion to general public use will provide a discretionary public hearing process to
review the necessity of requiring special conditions to manage and avoid potential
impacts to the surrounding neighborhood and to further safeguard the residents and
protect the integrity of the neighborhood while providing residents the opportunity to enjoy
expanded goods and services in and around the neighborhood; and
WHEREAS, on June 9, 2021, in accordance with Santa Monica Municipal Code
Section 9.46.060(D), the Planning Commission conducted a duly noticed public hearing
to consider its recommendations to the City Council, and, after considering oral and
written testimony, a motion to adopt a resolution recommending that the City Council
amend the text of the Zoning Ordinance to establish a conditional use permit requirement
to allow a lawful nonconforming hotel restaurant located within the R2 or R3 Districts that
meets minimum requirements to provide meal and alcohol services to the general public
failed on a 3-3 vote, resulting in a technical denial of the recommendation; and
WHEREAS, on April 26, 2022, 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 April 26, 2022 regarding the proposed changes to the
text of the Zoning Ordinance, the City Council hereby makes the following findings:
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1. The Zoning Ordinance amendment is consistent in principle
with the General Plan and any applicable Specific Plan, in particular
Citywide and Neighborhood goals and policies of the Land Use Circulation
Element (LUCE) adopted on July 6, 2010. Goal LU3, Policies LU3.3, LU4.2,
and Goal N3, Policies N3.1 seek to focus on creating local-serving uses,
particularly uses that serve residents’ daily needs and are located within
easy walking distance in order to reduce the frequency and length of trips.
Goal N3.2 seeks to allow and support small-scale retail uses in
neighborhoods with a land use designation of Low-Density Residential,
Medium-Density Residential or High-Density Housing. The Oceana Hotel
was constructed in 1957 and has been continuously operated as a hotel at
this location since 1958 in the R3 (Medium Density Residential) Zoning
District.
The request to amend Article 9 of the Municipal Code, specifically
Chapter 9.08, Table 9.08.020: Land Use Regulations to permit an existing
hotel’s onsite restaurant in the R2 and R3 Zoning Districts to open up to the
public as a Limited use is consistent with the above-mentioned goals and
policies provided three criteria are met and by way of a new Conditional Use
Permit application. The existing 1,556 SF restaurant is a guest amenity
providing meal and drinks services to hotel guests only. While expanding
its services as a publicly-accessible restaurant, it will continue to provide
the same services to hotel guests while allowing nearby residents to dine at
the restaurant. As a known and long-standing neighborhood feature, the
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restaurant will expand the local-serving uses available to the neighborhood
within walk or short distance away. Finally, the subject text amendment
creates a new Conditional Use Permit requirement to open an existing
restaurant to the public in the R2 and R3 Zoning Districts which provides a
discretionary public hearing process to review the necessity of requiring
special conditions to manage and avoid potential impacts to the surrounding
neighborhood; this is consistent with the LUCE Goal N9 which emphasizes
the importance of protecting, preserving, and enhancing the Wilshire-
Montana residential neighborhood where the subject property is located.
2. The proposed ordinance amendment is 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 hotel and its existing restaurant has been
operating at this location since 1958 and among its residential neighbors
without causing adverse impacts to the surrounding neighborhood. The
proposed ordinance amendment would permit an existing hotel to request
to open its existing onsite restaurant to the public provided that certain
criteria are met that are included to ensure that the existing use is an
established feature in the neighborhood. The proposed text amendment
creates a new Conditional Use Permit requirement to review the necessity
of requiring special conditions to manage and avoid potential impacts to the
surrounding neighborhood to further safeguard the residents and protect
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the integrity of the neighborhood while providing residents the opportunity
to enjoy expanded goods and services in and around the neighborhood.
SECTION 2. Santa Monica Municipal Code Section 9.08.020 is hereby amended
to read as follows:
9.08.020 Land Use Regulations
Table 9.08.020 prescribes the land use regulations for Multi-Unit Residential Districts.
The regulations for each district are established by letter designations listed 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
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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 9.08.020: LAND USE REGULATIONS—MULTI-UNIT RESIDENTIAL DISTRICTS
Use Classification
*For uses within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.
Single Unit Dwelling P P P
Accessory Dwelling Unit P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Duplex P P P
Multiple-Unit Structure P P P
Senior Citizen Multiple-Unit
Residential P P P
Single-Room Occupancy Housing P P P
Group Residential MUP MUP MUP
Congregate Housing P P P
Senior Group Residential P P P Section 9.31.310, Senior Group
Residential
Elderly and Long-Term Care CUP CUP CUP
Emergency Shelters – CUP CUP 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 Facilities See sub-classifications below.
Residential Care, General MUP MUP MUP Section 9.31.270, Residential
Care Facilities
Residential Care, Limited P P P Section 9.31.270, Residential
Care Facilities
Residential Care, Senior L (2)/MUP L (2)/MUP L (2)/MUP Section 9.31.270, Residential
Care Facilities
Hospice, General MUP MUP MUP
Hospice, Limited P P P
Supportive Housing P P P
Transitional Housing P P P
Public and Semi-Public Uses
Adult Day Care CUP CUP CUP
Child Care and Early Education CUP CUP CUP Section 9.31.120, Child Care
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TABLE 9.08.020: LAND USE REGULATIONS—MULTI-UNIT RESIDENTIAL DISTRICTS
Use Classification
*For uses within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Facilities and Early Education Facilities
Community Assembly CUP CUP CUP
Community Gardens P P P
Cultural Facilities CUP CUP CUP Limited to Designated
Landmarks
Park and Recreations Facilities, Public P P P
Schools, Public or Private CUP CUP CUP
Commercial Uses
Automobile/Vehicle Sales and Services See sub-classifications below.
Automobile Storage Use CUP (3) CUP (3) –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Automobile/Vehicle Sales and
Leasing L (4)/CUP L (4)/CUP –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Food and Beverage Sales See sub-classifications below.
General Market CUP (5) CUP (5) CUP (5)
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.150, General
Markets in Residential Districts
Lodging See sub-classifications below.
Bed and Breakfast CUP CUP CUP
Within Designated Landmarks
only. Section 9.31.090, Bed and
Breakfasts
Hotels and Motels – – CUP
Hotels and Motels established prior
to January 1, 1995 with an existing
onsite restaurant that intends to
open to the public
L(10)/CUP L(10)/CUP
Mobile Food Truck Off-Street Venues – MUP (7) – Section 9.31.190, Mobile Food
Truck Off-Street Venues
Personal Services, Physical Training – L (9) –
Retail Sales See sub-classifications below.
General Retail Sales, Small-Scale – CUP (8) –
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P P P
Utilities, Minor P P P
Specific Limitations:
(1) Reserved.
(2) Facilities for 6 or fewer residents are permitted by right. Other facilities require approval of a Minor Use Permit.
(3) Limited to automobile storage use associated with and adjacent to existing auto dealerships that were legally established
before July 6, 2010, and according to the standards of Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage.
(4) Auto dealership uses existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships in
residential zones are subject to approval of a Conditional Use Permit and must conform to the standards in Section
9.31.070, Automobile/Vehicle Sales, Leasing, and Storage. New auto dealerships and expansions of existing dealerships
inconsistent with Section 9.31.070 are prohibited.
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TABLE 9.08.020: LAND USE REGULATIONS—MULTI-UNIT RESIDENTIAL DISTRICTS
Use Classification
*For uses within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
(5) Only stores up to 2,500 square feet may be allowed with approval of a Conditional Use Permit. Stores must be located at
least 300 feet from another retail food and beverage services use.
(6) Reserved.
(7) Mobile food truck off-street venues shall only be located on the R3A overlay parcels located between Ocean Park Boulevard
and Hill Street along the east side of Neilson Way.
(8) Limited to bicycle and skate rental facilities along Ocean Front. Other general retail sales uses are not permitted.
(9) Limited to youth-serving studios of less than 3,000 square feet offering performing arts, dance, martial arts, physical
exercise, and similar types of instruction in buildings designed and constructed for commercial purposes across an alley
from the Downtown district subject to a passenger loading and drop-off plan to be reviewed and approved by the Director.
(10) An existing hotel use in the R2 or R3 District that includes an onsite restaurant that provides meal service for hotel guests
and their visitors, and has an existing Alcohol Conditional Use Permit allowing for the service of alcohol to guests and their
visitors for onsite consumption, shall be required to obtain a Conditional Use Permit to allow the existing onsite restaurant to
provide meal service to the general public, and may seek to amend its existing Alcohol Conditional Use Permit, if (or when)
applicable, to allow the existing hotel restaurant to serve alcoholic beverages to the general public, provided that:
1. The hotel use was established and in existence as of January 1, 1995;
2. The Alcohol Conditional Use Permit allowing the onsite service of alcoholic beverages to hotel guests and their visitors
in guest rooms and in certain common areas was approved by the City prior to July 23, 2015; and
3. The hotel’s existing restaurant prepares meals from a set menu to order in an existing hotel kitchen for consumption on
the premises; provides sit down meal service during restaurant operating hours for breakfast, lunch, and dinner; and
the hotel’s ancillary onsite restaurant use has existed since prior to July 23, 2015.
SECTION 3. 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 4. 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.
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SECTION 5. 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:
_______________________
SUSAN Y. COLA
Interim City Attorney
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Approved and adopted this 10th day of May, 2022.
_____________________________
Kristin McCowan, Mayor Pro Tem
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. 2703 (CCS) had its introduction
on April 26, 2022 and was adopted at the Santa Monica City Council meeting
held on May 10, 2022, by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis
Mayor Pro Tem McCowan
NOES: None
ABSENT: Councilmember Parra, Mayor Himmelrich
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2703 (CCS) was duly published pursuant to
California Government Code Section 40806.
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5/19/2022