SR 01-26-2021 7A
City Council Report
City Council Meeting: January 26, 2021
Agenda Item: 7.A
1 of 1
To: Mayor and City Council
From: George Cardona, Interim City Attorney, City Attorney's Office, Municipal Law
Subject: Second Reading And Adoption Of 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
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Executive Summary
At its meeting on December 15, 2020, the City Council introduced for first reading
an ordinance amending SMMC Section 9.10.040 to prohibit certain fast-food
restaurants in establishments with frontage on the Third Street Promenade. The
ordinance is now presented to City Council for adoption.
Prepared By: Bradley Michaud, Legal Operations Coordinator
Approved
Forwarded to Council
Attachments:
A. CDD-Ord-FastFoodonPromenade-20210126-2d
7.A
Packet Pg. 802
1
City Council Meeting: January 26, 2021 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
7.A.a
Packet Pg. 803 Attachment: CDD-Ord-FastFoodonPromenade-20210126-2d (4418 : 2nd Reading - 3rd Street Fast Food)
2
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
7.A.a
Packet Pg. 804 Attachment: CDD-Ord-FastFoodonPromenade-20210126-2d (4418 : 2nd Reading - 3rd Street Fast Food)
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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
7.A.a
Packet Pg. 805 Attachment: CDD-Ord-FastFoodonPromenade-20210126-2d (4418 : 2nd Reading - 3rd Street Fast Food)
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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
7.A.a
Packet Pg. 806 Attachment: CDD-Ord-FastFoodonPromenade-20210126-2d (4418 : 2nd Reading - 3rd Street Fast Food)
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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
7.A.a
Packet Pg. 807 Attachment: CDD-Ord-FastFoodonPromenade-20210126-2d (4418 : 2nd Reading - 3rd Street Fast Food)
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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
7.A.a
Packet Pg. 808 Attachment: CDD-Ord-FastFoodonPromenade-20210126-2d (4418 : 2nd Reading - 3rd Street Fast Food)
7
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
7.A.a
Packet Pg. 809 Attachment: CDD-Ord-FastFoodonPromenade-20210126-2d (4418 : 2nd Reading - 3rd Street Fast Food)
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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
7.A.a
Packet Pg. 810 Attachment: CDD-Ord-FastFoodonPromenade-20210126-2d (4418 : 2nd Reading - 3rd Street Fast Food)
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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.A.a
Packet Pg. 811 Attachment: CDD-Ord-FastFoodonPromenade-20210126-2d (4418 : 2nd Reading - 3rd Street Fast Food)
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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 L(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 L(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 L(22) P P P CUP
SMMC Section
9.31.200,
Outdoor Dining
and Seating
Equipment Rental - - - - L(5)/
CUP
- -
7.A.a
Packet Pg. 812 Attachment: CDD-Ord-FastFoodonPromenade-20210126-2d (4418 : 2nd Reading - 3rd Street Fast Food)
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.A.a
Packet Pg. 813 Attachment: CDD-Ord-FastFoodonPromenade-20210126-2d (4418 : 2nd Reading - 3rd Street Fast Food)
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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.A.a
Packet Pg. 814 Attachment: CDD-Ord-FastFoodonPromenade-20210126-2d (4418 : 2nd Reading - 3rd Street Fast Food)
13
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.
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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
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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.
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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
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Packet Pg. 818 Attachment: CDD-Ord-FastFoodonPromenade-20210126-2d (4418 : 2nd Reading - 3rd Street Fast Food)