SR 12-15-2020 7B
City Council Report
City Council Meeting: December 15, 2020
Agenda Item: 7.B
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and First Reading of an Ordinance to Amend Santa Monica
Municipal Code Section 9.10.040 to Prohibit Certain Fast Food Restaurants in
Establishments with Frontage on the Third Street Promenade
Recommended Action
Staff recommends that the City Council introduce for first reading an ordinance
amending Santa Monica Municipal Code Section 9.10.040 to prohibit certain fast food
restaurants in establishments with frontage on the Third Street Promenade.
Summary
On November 27, 2018, Council adopted Urgency Interim Zoning Ordinance No. 2594
prohibiting certain fast food restaurants on the Third Street Promenade. The urgency
interim ordinance was adopted to prevent the proliferation of fast food restaurants on
the Promenade and to ensure that the Promenade maintains its authentic
characteristics and provides visitors with a distinctive experience not found in most
downtown shopping districts. While fast food restaurants breeds familiarity for
consumers, it runs counter to the policies in the Downtown Community Plan, adopted in
2017, that value the retention of Downtown’s authenticity and desire to encourage local
uses and promote unique visitor experiences. Council subsequently extended the
urgency interim ordinance until November 26, 2020.
The interim ordinance recently now expired, with no further opportunities to extend the
interim land use prohibition under State law. The proposed ordinance seeks to make
permanent the prohibition of certain fast food restaurants in establishments with
frontage on the Third Street Promenade and is supported by Downtown Santa Monica,
Inc.
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Background
In 2017, the City Council adopted the Downtown Community Plan (DCP) which set forth
a vision for the continued vitality of the Third Street Promenade as a major public space
framed by retail and restaurant uses that form unique experiences enjoyable to both
residents and visitors. The DCP values the retention of the Downtown’s authenticity,
encourages local uses, and promotes unique visitor experiences not found in every
neighborhood.
The IZO adopted on November 27, 2018 created a new land use classification for
“Restaurant, Fast Food” applicable only to the BC (Promenade) zone as establishments
having the following:
• More than 100 locations nationwide at the time that the application for the
establishment is deemed complete by the City; and
• Characteristics, including but not limited to, orders placed at a walk-up window,
counter, or machine; payment prior to food consumption; and food served with
disposable, one-time, or limited-use wrapping, containers, or utensils.
Typically, such establishments utilize standardized signage or décor, and permit
consumption of food and beverages on the premises within a short period of time or
taken off the premises. The IZO prohibited Fast Food Restaurants in establishments
with frontage on the Third Street Promenade. In addition, the land use classification for
“Restaurant, Limited-Service and Take-Out” was modified to not include Fast Food
Restaurant uses.
On November 12, 2019, Council extended the Urgency IZO which expired on November
26, 2020. Pursuant to Santa Monica Municipal Code (SMMC) Section 9.46.090(D) and
Government Code Section 65858, the extension represented the maximum time
allowed under State law and therefore, no further extensions are permitted.
On October 21, 2020, the Planning Commission adopted a resolution recommending
that the City Council amend Section 9.10.040 of the Santa Monica Municipal Code to
prohibit certain fast food restaurants in establishments with frontage on the Third Street
Promenade.
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Discussion
The Promenade’s success has resulted from the creation of an authentic urban retail,
dining and cinema experience. Fast food restaurants, on the other hand, are formula
establishments with numerous locations and standardized features, such as façade,
décor, color scheme, signage, dependent on brand recognition created through the
repetition of the same characteristics for each store in multiple locations. While this
consistency breeds familiarity for consumers, it runs counter to the policies in the DCP
that value the retention of Downtown’s authenticity and desire to encourage local uses
and promote unique visitor experiences.
As the economic recovery from COVID-19 begins and the retail landscape evolves, the
Promenade’s competitive advantage will depend on the ability to deliver on a range of
unique dining, retail, and entertainment uses with an emphasis on promoting a diverse
base of eating establishments. It is not the intent to create a Promenade experience that
could be found in any number of other Southern California cities. Cities as diverse as
Los Angeles, Truckee, Cotati, San Francisco, and Seaside have adopted some form of
neighborhood or citywide control on fast food restaurants due to similar concerns. If
current regulations continue and smaller local establishments continue to suffer from the
impacts of COVID-19, there is the potential for small- and medium-sized eating
establishments to be eliminated from the Promenade and replaced only with national
chains which would decrease the diversity of food offerings to residents and visitors.
This could negatively impact the character and purpose of the Promenade as a
successful public place. The Promenade is a public space that is defined as much by
the uses that frame the space as the urban design elements. The type of uses influence
consumer behavior and the visitor experience. There are also environmental
considerations as fast food generates a significant amount of waste due to dependence
on disposable tableware and packaging.
The proposed amendments to SMMC Section 9.10.040 would make permanent the
existing interim prohibition on fast food uses with frontage on the Promenade. However,
to facilitate the ease in identifying these types of establishments and implementing the
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regulations, staff does not propose creating new or modifying existing land use
definitions that would only be applicable to one specific zoning district as was done with
the IZO. Instead, the criteria identifying these types of Restaurant, Limited-Service and
Take-Out uses would be added as a Specific Limitation to the land use regulations table
in Zoning Ordinance Section 9.10.040. This should allow for simpler and clearer
implementation of the use regulations for fast food in the Promenade area.
In addition, in order to provide additional flexibility in light of current economic conditions
due to COVID-19, the applicability threshold for establishments prohibited from
occupying locations with frontage on the Promenade is proposed to be increased from
100 to 150 locations nationwide at the time that the application for the establishment is
deemed complete by the City. The threshold of 100 domestic locations was intended to
prohibit traditional nationwide fast food restaurants while permitting smaller regional
chains and international fast food restaurants likely to serve as a unique draw for
consumers. Given current economic conditions, and an anticipated increase in
vacancies caused by the COVID-19 pandemic, a slight increase of this threshold to 150
domestic outlets is proposed.
The proposed amendments are as follows:
“P” = Permitted Use
“L(#)” = Limited Use, permitted by right, provided they comply with specific limitations
listed at end of table”
“MUP” = Permitted with approval of Minor Use Permit
“CUP” = Permitted with approval of Conditional Use Permit
Use Classification LT
Lincoln
Transition
NV
Neighborho
od Village
BC
Bayside Conservation
(Promenade)
BC
Bayside
Conservation
(2nd &
4th
Streets)
TA
Transit
Adjacent
OT
Ocean
Transition
WT
Wilshire
Transition
Additional
Regulations
Eating and Drinking
Establishments See sub-classifications below.
Bars/Nightclubs/
Lounges CUP CUP CUP CUP CUP CUP
(10) -
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Use Classification LT
Lincoln
Transition
NV
Neighborho
od Village
BC
Bayside Conservation
(Promenade)
BC
Bayside
Conservation
(2nd &
4th
Streets)
TA
Transit
Adjacent
OT
Ocean
Transition
WT
Wilshire
Transition
Additional
Regulations
Restaurants, Full-
Service, Limited
Service & Take-out
(2,500 sq ft and
smaller, including
Outdoor Dining and
Seating)
P P PL(22) P P P P
SMMC
Section
9.31.040,
Alcoholic
Beverage
Sales
Restaurants, Full-
Service, Limited
Service & Take-out
(2,501 – 5,000 sq ft,
including Outdoor
Dining and Seating)
MUP P PL(22) P P P MUP
SMMC
Section
9.31.280,
Restaurants,
Limited
Service, and
Take-Out
Only
Restaurants, Full-
Service, Limited
Service & Take-out
(greater than 5,000
sq ft, including
Outdoor Dining and
Seating)
CUP P PL(22) P P P CUP
SMMC
Section
9.31.200,
Outdoor
Dining and
Seating
(22) Restaurant, Limited-Service and Take-Out establishments with frontage on the
Third Street Promenade and the following characteristics shall be prohibited:
(a) More than 150 locations nationwide at the time that the application for the
establishment is deemed complete by the City; and
(b) Characteristics, including but not limited to, orders placed at a walk-up
window, counter, or machine; payment prior to food consumption; and food
served with disposable, one-time, or limited-use wrapping, containers, or
utensils.
Typically, such establishments may utilize standardized signage or décor, and
permit consumption of food and beverages on the premises within a short period
of time or taken off the premises.
The prohibition would apply only to establishments with frontage on the Third Street
Promenade. Restaurants, Limited-Service and Take-Out with the characteristics
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identified above would continue to be allowed throughout the other Downtown districts
and in all other commercial districts citywide.
In addition, Restaurants, Limited-Service and Take-Out with the characteristics
identified above would be allowed in Food Hall uses on the Promenade as permitted in
the BC (Promenade) district pursuant to emergency Interim Zoning Ordinance Number
2636 (CCS), adopted on May 12, 2020 and subsequently extended until the end of
2022.
Proposed Effective Date of Prohibition
If adopted by the City Council, the Ordinance will become effective thirty days after
adoption, which would be expected in early February. Any application filed after the
effective date of the Ordinance will be subject to the permanent prohibition. However,
because the interim prohibition established by Interim Zoning Ordinance 2594, and
extended by Urgency Interim Zoning Ordinances 2600 and 2625 expired on November
26, 2020, staff proposes that the permanent prohibition also apply to any application for
a planning entitlement, building permit, including plan check, or business license
submitted on or after November 27, 2020. This “reach back” would apply to any
application for a fast food restaurant that would be prohibited by the proposed
Ordinance that is filed after the interim zoning regulations expired and before the
Ordinance becomes effective.
The City has not received any applications for fast food restaurants that would be
prohibited by the Ordinance since the interim zoning regulations expired on November
26, 2020.
Planning Commission Action
On October 21, 2020, the Planning Commission adopted a resolution recommending
that the City Council amend Section 9.10.040 of the Santa Monica Municipal Code to
prohibit certain fast food restaurants in establishments with frontage on the Third Street
Promenade. Prior to adopting the resolution, several Commissioners expressed
concern with potential impacts of the prohibition related to limiting equitable, diverse,
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and accessible opportunities for restaurant operators and customers. Specifically, the
Commission asked for consideration of both access by patrons to lower price point food
options while visiting the Promenade as well as consideration of fast food franchise
agreements as potential avenues to expand access to entrepreneurship opportunities.
Some Commissioners also discussed the possibility of allowing fast food restaurants
through the approval of Conditional Use Permits in addition to a per-block limit to the
number of fast food restaurants on the Promenade as opposed to an outright
prohibition. The Commission, in its adoption of the resolution, also requested Council
direction to staff to return to the Commission in six months to further study and analyze
the issues of equity, diversity, and access for Promenade restaurant operators and
customers.
Downtown Santa Monica, Inc. has engaged MIG, Inc. to prepare a Third Street
Promenade Stabilization & Economic Vitality Plan, assessing the Promenade's
advantages and challenges in competing for modern retail, restaurant and
entertainment uses. Included in the scope of work is a requirement to identify
opportunities to improve community wellbeing through ground floor tenancies with a
particular focus on enhancing diversity, equity and inclusion among both patrons and
business operators. The plan, conducted in partnership with the City, is expected to
result in policy recommendations that will be considered by the Planning Commission
and City Council, as appropriate.
Environmental Analysis
The proposed ordinance is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State
Implementation Guidelines (common sense exemption). Based on the evidence in the
record, including, but not limited to, evidence that the amendment to the Zoning
Ordinance represent a change to use standards that affect an area consisting of only
three City blocks and would be more restrictive than existing use standards for that
area, it can be seen with certainty that there is no possibility that the proposed
ordinance may have a significant effect on the environment. Therefore, no further
environmental review under CEQA is required.
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Text Amendment Findings
1. The Ordinance amendments to the text of the Zoning Ordinance are consistent
with the General Plan and any applicable Specific Plans in that the amendments
do not substantively affect policy decisions made with the City Council’s adoption
of the Zoning Ordinance and ensure that the Third Street Promenade will
maintain its authentic character and provide visitors with a distinctive experience
consistent with the goals and policies of the LUCE and Downtown Community
Plan.
2. The Ordinance amendments to the text of the Zoning Ordinance are consistent
with the purpose of the Zoning Ordinance to promote the growth of the City in an
orderly manner and to promote and protect the public health, safety, and general
welfare in that the proposed amendments maintain the existing policies,
standards, and regulations of the Zoning Ordinance that promote the public
health safety and welfare.
Financial Impacts and Budget Actions
The Downtown Community Plan and subsequent zoning ordinances are intended to
support a thriving and unique mix of businesses on the Third Street Promenade.
Because this prohibition has already been in place, and there are no fast food
restaurants currently on the Promenade who would be impacted by this ordinance,
there is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By: Tony Kim, Principal Planner
Approved
Forwarded to Council
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Attachments:
A. City Council Meeting - November 27, 2018 (Web Link)
B. City Council Meeting - January 8, 2019 (Web Link)
C. City Council Meeting - May 12, 2020 (Web Link)
D. Planning Commission - October 21, 2020 (Web Link)
E. Proposed Ordinance
F. Written Comments
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City Council Meeting: December 15, 2020 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.10.040
TO PROHIBIT CERTAIN FAST FOOD RESTAURANTS IN ESTABLISHMENTS WITH
FRONTAGE ON THE THIRD STREET PROMENADE
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 retail and restaurant uses that form unique experiences enjoyable to both residences
and visitors; and
WHEREAS, the DCP values the retention of the Downtown’s authenticity,
encourages local uses, and promotes unique visitor experiences; and
WHEREAS, fast food chains are formula establishments with numerous locations
and standardized features, such as façade, décor, color scheme and signage, dependent
on brand recognition created through repetition of the same characteristics for each store
in multiple locations; and
WHEREAS, the DCP permits fast food chains on the Third Street Promenade; and
WHEREAS, while the consistency of fast food chains breeds familiarity with
consumers, a proliferation of fast food chains on the Third Street Promenade is
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inconsistent with the stated goals of the DCP to preserve the unique character of the Third
Street Promenade; and
WHEREAS, on November 27, 2018, the City Council adopted Urgency Interim
Zoning Ordinance Number 2594 (CCS) (“Interim Zoning Ordinance 2594”), which created
new use classifications for Restaurant, Fast Food and Restaurant, Limited-Service and
Take-Out for the BC (Promenade) District and prohibited Restaurant, Fast Food in
establishments with frontage on the Promenade; and
WHEREAS, Interim Zoning Ordinance 2594 ensured that the Third Street
Promenade would maintain its authentic character and provide visitors with a distinctive
experience not found in most downtown shopping districts while the City evaluated
current zoning regulations for opportunities to retain the Promenade’s authenticity,
encourage local uses, and promote unique visitor experiences through the “Promenade
3.0” planning process; and
WHEREAS, on January 8, 2019, in accordance with Santa Monica Municipal Code
Section 9.46.090(D) and Government Code Section 65858(b), the City Council adopted
Urgency Interim Zoning Ordinance 2600 (CCS) (“Interim Zoning Ordinance 2600”)
extending Interim Zoning Ordinance 2594 for 10 months and 15 days to November 26,
2019; and
WHEREAS, on November 12, 2019, in accordance with Santa Monica Municipal
Code Section 9.46.090(D) and Government Code Section 65858(b), the City Council
adopted Urgency Interim Zoning Ordinance 2625 (CCS) (“Interim Zoning Ordinance
2625”) extending Interim Zoning Ordinances 2594 and 2600 for 12 months to November
26, 2020; and
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WHEREAS, as the economic recovery from the COVID-19 public health
emergency begins and the retail landscape evolves, the Promenade’s competitive
advantage will depend on the ability to deliver on a range of unique dining, retail, and
entertainment uses with an emphasis on promoting a diverse base of eating
establishments; and
WHEREAS, if current regulations in the DCP are reinstated after expiration of
Interim Zoning Ordinance 2625, and smaller local establishments continue to suffer from
the impacts of COVID-19, small- and medium-sized eating establishments could be
eliminated from the Promenade and replaced with national chains, which would decrease
the diversity of food offerings to residents and visitors; and
WHEREAS, for purposes of the interim zoning regulations established by Interim
Zoning Ordinances 2594, 2600 and 2625, to permit smaller regional chains and
international fast food restaurants likely to serve as a unique draw for consumers, the use
classification for restaurant, fast food (the use classification prohibited in establishments
with frontage on the Promenade) included establishments with more than 100 locations
nationwide at the time that the application for the establishment is deemed complete by
the City; and
WHEREAS, in order to continue to permit smaller regional chains and international
fast food restaurants likely to serve as a unique draw for consumers and to provide
additional flexibility in light of current economic conditions due to COVID-19, the City
desires to increase the threshold for establishments prohibited from occupying locations
with frontage on the Promenade from 100 to 150 locations nationwide; and
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WHEREAS, on October 7, 2020, the Planning Commission adopted a Resolution
of Intention, Resolution Number 20-016 (PCS), declaring its intention to consider
recommending to the City Council that the City Council amend the text of the Zoning
Ordinance to create use classifications for Restaurant, Fast Food and Restaurant, Limited
Service and Take-Out for the BC (Promenade) District, and prohibit Restaurant, Fast
Food uses in properties with frontage along the Third Street Promenade; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on
October 21, 2020, and, after considering oral and written testimony regarding the
proposed amendments to the text of the Zoning Ordinance, adopted Resolution Number
20-017 (PCS), recommending that the City Council amend the text of the Zoning
Ordinance to prohibit certain fast food restaurants in establishments with frontage on the
Third Street Promenade based on the following findings:
1. The proposed amendments to the text of the Zoning
Ordinance are consistent with the General Plan and any applicable Specific
Plans in that they will support Downtown’s role as a visitor destination by
encouraging uses that appeal to both locals and tourists, including food,
retail, entertainment and overnight accommodations and will maintain and
increase locally-based, independent, small retailers that allow residents and
employees to meet their daily needs on foot.
2. The proposed amendments to the text of the Zoning
Ordinance are consistent with the purpose of the Zoning Ordinance to
promote the growth of the City in an orderly manner and to promote and
protect the public health, safety, and general welfare in that the
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amendments will protect the unique character of the Third Street
Promenade, reduce waste generated by disposable tableware and
packaging, and allow for planning efforts for the future of the Promenade to
continue.
WHEREAS, on December 15, 2020, 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 as 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 December 15, 2020 regarding the proposed changes to
the text of the Zoning Ordinance, the City Council hereby makes the following findings:
1. The proposed amendments to the text of the Zoning
Ordinance are consistent with the General Plan and any applicable Specific
Plans in that they will support Downtown’s role as a visitor destination by
encouraging uses that appeal to both locals and tourists, including food,
retail, entertainment and overnight accommodations and will maintain and
increase locally-based, independent, small retailers that allow residents and
employees to meet their daily needs on foot.
2. The proposed amendments to the text of the Zoning
Ordinance are consistent with the purpose of the Zoning Ordinance to
promote the growth of the City in an orderly manner and to promote and
protect the public health, safety, and general welfare in that the
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amendments will protect the unique character of the Third Street
Promenade, reduce waste generated by disposable tableware and
packaging, and allow for planning efforts for the future of the Promenade to
continue.
SECTION 2. Santa Monica Municipal Code Section 9.10.040 is hereby amended
to read as follows:
9.10.040 Land Use Regulations
Table 9.10.040 prescribes the land use regulations for Downtown Districts. The
regulations for each district are established by letter designations below. These
designations apply strictly to the permissibility of land uses; applications for buildings or
structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with
specific limitations listed at the end of the table.
“MUP” designates use classifications that are permitted after review and approval of a
Minor Use Permit.
“CUP” designates use classifications that are permitted after review and approval of a
Conditional Use Permit.
“—” designates uses that are not permitted.
Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the Santa
Monica Municipal code (“Zoning Ordinance”). Use classifications and sub-classifications
not listed in the table are prohibited. Accessory uses are permissible when they are
determined by the Zoning Administrator to be necessary and customarily associated with
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and appropriate, incidental, and subordinate to, the principal uses and which are
consistent and not more disturbing or disruptive than permitted uses. The table also notes
additional use regulations that apply to various uses. Section numbers in the right-hand
column refer to other Sections of this Ordinance.
TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Residential Uses
Residential Housing
Types
See sub-classifications below.
Single Unit
Dwelling L(1) L(1) L(1) L(1) L(1) L(1) L(1)
Accessory
Dwelling Unit P P P P P P P
Section 9.31.025,
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
Junior Accessory
Dwelling Unit
P P P P P P P Section 9.31.025,
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
Duplex P L(3) L(1) L(1) L(1) L(1) L(1)
Multiple-Unit
Structure L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Senior Citizen
Multiple-Unit
Residential
L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Single-Room
Occupancy
Housing
L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Group Residential MUP MUP,
L(3)
MUP,
L(1) MUP, L(1) MUP MUP MUP
Congregate
Housing P MUP,
L(3) CUP, L(1) CUP, L(1) MUP MUP MUP
SMMC Section
9.31.110,
Congregate and
Transitional
Housing
Senior Group
Residential P MUP,
L(3)
MUP,
L(1) MUP, L(1) MUP,
L(1)
MUP,
L(1)
MUP,
L(1)
SMMC Section
9.31.310, Senior
Group
Residential
Elderly and Long-
Term Care P L(3) L(1) L(1) L(1) L(1) L(1)
Emergency
Shelters L(6)/CUP L(6)/ CUP CUP/L(1) L(1),
L(6)/CUP L(6)/CUP L(6)/
CUP
L(6)/
CUP
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TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Family Day Care See sub-classifications below.
Large L(1) L(3) L(1) L(1) L(1) L(1) L(1)
SMMC Section
9.31.140, Family
Day Care, Large
Small L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Residential Facilities See sub-classifications below.
Residential Care,
General P L(3) L(1) L(1) P L(1) L(1) SMMC Section
9.31.270,
Residential Care
Facilities
Residential Care,
Limited P L(3) L(1) L(1) P L(1) L(1)
Residential Care,
Senior P L(3) L(1) L(1) P L(1) L(1)
Hospice, General P L(3) L(1) L(1) P L(1) L(1)
Hospice, Limited P L(3) L(1) L(1) P L(1) L(1)
Supportive
Housing P L(3) L(1) L(1) L(1) L(1) L(1)
Transitional
Housing P L(3) L(1) L(1) L(1) L(1) L(1)
Public and Semi-Public Uses
Adult Day Care L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Child Care and Early
Education Facilities P P L(1) P P P P
SMMC Section
9.31.120, Child
Care and Early
Education
Facilities
Colleges and Trade
Schools, Public or
Private CUP L(1) L(1) L(1) L(1) L(1) L(1)
Community
Assembly L(7)/CUP CUP - P CUP L(1) L(7)/
CUP
Community Gardens P P - P P P P
Cultural Facilities P P P P P P P
Hospitals and
Clinics P P L(1) L(1) P - P
Park and Recreation
Facilities, Public P P P P P P P
Public Safety
Facilities P P P P P P P
Schools, Public or
Private CUP L(3) L(1) P P - CUP
Social Service
Centers P P - P P P P
SMMC Section
9.31.350, Social
Service Centers
Commercial Uses
Animal Care, Sales,
and Services See sub-classifications below.
Grooming and Pet
Stores L(5)/CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/ CUP L(5)/
CUP
L(5)/
CUP
No more than 10
dogs or cats can
be kept overnight
Pet Day Care
Services MUP MUP - MUP MUP MUP MUP
Veterinary
Services MUP MUP - MUP MUP - MUP
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TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Automobile/Vehicle
Sales and Service See sub-classifications below.
Alternative Fuels
and Recharging
Facilities
CUP/
L(19)
CUP/
L(19) - - CUP/
L(19) - -
Automobile Rental L(10) L(10) L(10) L(10) L(10) L(10) L(10)
Automobile
Storage Use
- - - - - - -
New
Automobile/Vehicl
e Sales and
Leasing
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/CUP
- -
Additions 7,500
sq ft or less to
Automobile/
Vehicle Sales
and Leasing
buildings
existing as of
7/06/2010
L(20)/
MUP
- - - - - -
SMMC Section
9.31.070
Automobile/
Vehicle Sales,
Leasing, and
Storage
Additions larger
than 7,500 sq ft
to
Automobile/Vehi
cle Sales and
Leasing
buildings
existing as of
7/06/2010
L(20)/
CUP
- - - - - -
Automobile/Vehicl
e Repair, Major
L(19) - - - - - -
Automobile/Vehicl
e Service and
Repair, Minor
L(19) - - - - - -
Automobile/Vehicl
e Washing
L(19) - - - - - -
Service Station L(19) L(19) - - L(19) - -
Towing and
Impound
- - - - - - -
Banks and Financial
Institutions
See sub-classifications below.
Banks and Credit
Unions
L(4)/CUP L(3),
L(5)/CUP
- - L(4)/ CUP L(4)/
CUP
L(4)/
CUP
Check Cashing
Businesses
- - - - - - -
Business Services L(5)/CUP L(5)/CUP - L(5)/CUP L(5)/ CUP L(5)/
CUP
L(5)/
CUP
Commercial
Entertainment and
Recreation
See sub-classifications below.
7.B.e
Packet Pg. 1025 Attachment: Proposed Ordinance (4278 : Promenade Fast Food Ordinance (30 mins))
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TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Cinemas &
Theaters, up to 99
seats
- CUP P P P - -
Cinemas &
Theaters, more
than 99 seats
- - CUP CUP CUP - -
Convention and
Conference
Centers
CUP CUP CUP CUP CUP CUP CUP
Large-Scale
Facility
L(21)/
CUP
L(21)/
CUP
L(21)/
CUP
L(21)/
CUP
L(21)/
CUP
L(21)/
CUP
-
Small-Scale
Facility
L(5)/CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/
CUP
L(5)/
CUP
SMMC Section
9.31.340, Small
Scale Facility
Fortunetelling P P P P P P P
Eating and Drinking
Establishments
See sub-classifications below.
Bars/Nightclubs/
Lounges
CUP CUP CUP CUP CUP CUP
(10)
-
Restaurants, Full-
Service, Limited
Service & Take-
out (2,500 sq ft
and smaller,
including Outdoor
Dining and
Seating)
P P PL(22) P P P P
SMMC Section
9.31.040,
Alcoholic
Beverage Sales
Restaurants, Full-
Service, Limited
Service & Take-
out (2,501 –
5,000 sq ft,
including Outdoor
Dining and
Seating)
MUP P PL(22) P P P MUP SMMC Section
9.31.280,
Restaurants,
Limited Service,
and Take-Out
Only
Restaurants, Full-
Service, Limited
Service & Take-
out (greater than
5,000 sq ft,
including Outdoor
Dining and
Seating)
CUP P PL(22) P P P CUP
SMMC Section
9.31.200,
Outdoor Dining
and Seating
Equipment Rental - - - - L(5)/
CUP
- -
7.B.e
Packet Pg. 1026 Attachment: Proposed Ordinance (4278 : Promenade Fast Food Ordinance (30 mins))
11
TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Food and Beverage
Sales
See sub-classifications below.
Convenience
Market
CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/C
UP
- SMMC Section
9.31.040,
Alcoholic
Beverage Sales
Farmers’ Market
CUP P P P P P P
General Market
L(12)/
CUP
L(12)/
CUP
L(12)/
CUP
L(12)/CUP L(12)/
CUP
L(12)/
CUP
L(12)/
CUP
SMMC Section
9.31.040,
Alcoholic
Beverage Sales
Liquor Stores
CUP CUP CUP CUP CUP CUP -
Funeral Parlors and
Mortuaries
CUP - - - - - -
Instructional
Services
L(5)/CUP L(3),
L(5)/CUP
L(1),
L(5)/CUP
L(5)/CUP L(5)/CUP L(1),
L(5)/
CUP
L(1),
L(5)/
CUP
Live-Work L(13) L(3)(13) L(1)(13) L(13) L(13) L(1)(1
3)
L(13) SMMC Section
9.31.170, Live-
Work
Lodging See sub-classifications below.
Bed and Breakfast MUP MUP MUP MUP MUP MUP MUP SMMC Section
9.31.090, Bed
and Breakfasts
Hotels and Motels CUP CUP CUP CUP CUP CUP CUP,
L(19)
Maintenance and
Repair Services
L(5)/CUP - - - - - -
Nurseries and
Garden Centers
L(5)/CUP L(5)/CUP - L(5)/CUP L(5)/CUP - L(5)/
CUP
SMMC Section
9.31.220,
Outdoor Retail
Display and
Sales
Offices See sub-classifications below.
Business and
Professional
L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/CUP
L(1) L(1)
Creative L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/CUP
L(1) L(1)
Medical and
Dental
L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/CUP
L(1) L(1)
Walk-In Clientele L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(5)/CUP L(3),
L(5)/CUP
L(5)/
CUP
L(5)/
CUP
Outdoor
Newsstands
MUP MUP MUP MUP MUP MUP MUP SMMC Section
9.31.210,
Outdoor
Newsstands
Parking, Public or
Private
CUP CUP - CUP CUP,
L(11)
- CUP
Personal Services See sub-classifications below.
General Personal
Services
L(5)/CUP L(5)/CUP L(1),
L(5)/CUP
L(5)/CUP L(5)/CUP - L(5)/
CUP
SMMC Section
9.31.230,
Personal Service
7.B.e
Packet Pg. 1027 Attachment: Proposed Ordinance (4278 : Promenade Fast Food Ordinance (30 mins))
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TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Physical Training L(17),
L(5)/CUP
L(17),
L(5)/CUP
L(1),
L(17),
L(5)/CUP
L(17),
L(5)/CUP
L(17),
L(5)/CUP
L(17),
L(5)/
CUP
L(17),
L(5)/
CUP
Tattoo or Body
Modification Parlor
MUP MUP MUP MUP MUP MUP - SMMC Section
9.31.230,
Personal Service
Retail Sales See sub-classifications below.
Building Materials
Sales and
Services
P - - - - - - SMMC Section
9.31.220,
Outdoor Retail
Display and
Sales
General Retail
Sales, Small-
Scale
L(5)/CUP L(5)/CUP P L(5)/CUP L(5)/ CUP L(5)/
CUP
L(5)/
CUP
General Retail
Sales, Medium-
Scale
CUP CUP CUP CUP CUP - CUP
General Retail
Sales, Large-
Scale
- - - - - - -
Medical Marijuana
Dispensaries
CUP - - - - - - SMMC Section
9.31.185,
Medical
Marijuana
Dispensaries
Pawn Shops
- - - - - - -
Swap Meets
- - - - - - -
Industrial Uses
Artist’s Studio
P P L(1) L(1) P P P
Commercial
Kitchens
- - - - CUP - -
Media Production
See sub-classifications below.
Support Facilities
L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/CUP
L(1) L(1)
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger
Stations
P P P P P - P
City Bike Share
Facility
P P P P P P P
7.B.e
Packet Pg. 1028 Attachment: Proposed Ordinance (4278 : Promenade Fast Food Ordinance (30 mins))
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TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Communication
Facilities
See sub-classifications below.
Antennas and
Transmission
Towers
- - - - - - -
Equipment within
Buildings
- - - - - - -
Light Fleet-Based
Services
- - - - MUP - -
Utilities, Major
L(18) - - - - - -
Utilities, Minor
P P P P P P P
Specific Limitations:
(1) Limited to upper floors, and on the ground floor where the entire tenant space including the primary
entry shall be located at least 50 feet from the front property line, except for residential units shall be
limited to upper floors only.
(2) (Reserved)
(3) Between 4th and 4th Court, permitted in mid-block parcels on the ground floor and upper floors. On all
other parcels, permitted anywhere on the ground floor if the space has street frontage and was occupied
by office on, or is vacant but was occupied by office in the 12 months preceding, the date this Ordinance
is effective; otherwise, permitted on upper floors and on the ground floor where the entire tenant space
including the primary entry is located at least 50 feet from the front property line.
(4) Permitted except no ground floor tenant space shall exceed 20 linear feet of ground floor street frontage
without a Conditional Use Permit.
(5) Permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective.
Permitted in new buildings, except:
(a) No individual ground floor tenant space shall occupy more than 7,500 square feet of floor area
and/or exceed 50 linear feet of ground floor street frontage without a Conditional Use Permit.
(b) Ground floor tenant spaces in the Santa Monica Place are not subject to size limitations.
(6) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency
shelters with 55 or more beds.
(7) Any community assembly facility abutting a residential district shall require approval of a Conditional
Use Permit.
(8) Limited to alternative fuel vehicle automobile dealer showrooms only.
(9) (Reserved)
(10) Permitted as an ancillary use to support a primary use.
(11) Limited to public parking facilities only.
7.B.e
Packet Pg. 1029 Attachment: Proposed Ordinance (4278 : Promenade Fast Food Ordinance (30 mins))
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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 users that generate airborne
particulates in a unit with an unenclosed kitchen.
(14) All new construction requires approval of a Conditional Use Permit or permitted if within buildings
existing as of the date the ordinance codified in this Chapter is effective, except:
(a) New additions of 50% or more additional square footage to an existing building at any one time,
or incrementally, after the effective date of the ordinance codified in this Chapter, requires
approval of a Conditional Use Permit.
(b) No ground floor, street-fronting, non-office or non-media production support facility use, non-
medical or non-dental office use tenant space shall be changed into an individual office use or
a media production support facility use, or individual medical or dental office use occupying
more than 7,500 square feet of floor area and/or exceeding 50 linear feet of street frontage
without the approval of a Conditional Use Permit.
(15) (Reserved)
(16) Limited to public parking facilities only.
(17) Youth-serving personal services, physical training requires review and approval of passenger loading
and drop-off plan by the Director.
(18) Limited to electric distribution substations.
(19) Limited to legally established existing uses as of the date this Specific Plan is effective.
(20) Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing
dealerships conforming to the urban auto dealership format standards in Section 9.31.070,
Automobile/Vehicle Sales, Leasing and Storage are permitted. Expansions to existing dealerships of
7,500 square feet or less that do not conform to the urban auto dealership format standards shall require
an MUP. Expansions to existing dealerships larger than 7,500 square feet that do not conform to the
urban auto dealership formal standards shall require a CUP.
(21) No individual Fitness Center tenant space shall exceed 100 linear feet of ground floor street frontage
without the approval of a Conditional Use Permit.
(22) Restaurant, Limited-Service and Take-Out establishments with frontage on the Third Street Promenade
and the following characteristics shall be prohibited:
(a) More than 150 locations nationwide at the time that the application for the establishment is
deemed complete by the City; and
(b) Characteristics, including but not limited to, orders placed at a walk-up window, counter, or
machine; payment prior to food consumption; and food served with disposable, one-time, or
limited-use wrapping, containers, or utensils.
A. Conversion of Any Portion of an Eating and Drinking Establishment to
Any Other New or Expanded Use Located on the Ground Floor within the BC
(Promenade) District.
1. The conversion of any portion of an eating and drinking
establishment in existence as of the effective date of this Plan to any other new or
expanded use located on the ground floor within the BC (Promenade) District shall
7.B.e
Packet Pg. 1030 Attachment: Proposed Ordinance (4278 : Promenade Fast Food Ordinance (30 mins))
15
obtain a Conditional Use Permit subject to the following additional findings being
made in the affirmative:
a. The proposed use would preserve the unique mixture of restaurants,
retail, and entertainment on the Third Street Promenade and maintain the
vitality and diversity of the Promenade;
b. The proposed use would retain at least 50% of the existing outdoor
dining or 500 square feet, whichever is greater;
c. For tenant spaces located on a corner, the eating and drinking
establishment use must remain entirely on the Third Street Promenade
frontage. For tenant spaces not located on a corner, the non-eating and
drinking establishment use does not occupy more than 33% of the Promenade
frontage.
SECTION 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.
7.B.e
Packet Pg. 1031 Attachment: Proposed Ordinance (4278 : Promenade Fast Food Ordinance (30 mins))
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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. Notwithstanding its effective date, the provisions of this Ordinance
shall apply to any application for a planning entitlement, building permit, including plan
check, or business license submitted on or after November 27, 2020.
APPROVED AS TO FORM:
_______________________
GEORGE S. CARDONA
Interim City Attorney
7.B.e
Packet Pg. 1032 Attachment: Proposed Ordinance (4278 : Promenade Fast Food Ordinance (30 mins))
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Item 7.B
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Packet Pg. 1033 Attachment: Written Comments (4278 : Promenade Fast Food Ordinance (30 mins))
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Item 7.B
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2 of 2 Item 7.B
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Packet Pg. 1034 Attachment: Written Comments (4278 : Promenade Fast Food Ordinance (30 mins))