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SR 04-13-2021 7A City Council Report City Council Meeting: April 13, 2021 Agenda Item: 7.A 1 of 9 To: Mayor and City Council From: David Martin, Director, Administration Subject: Introduction and Adoption of an Emergency Interim Ordinance Making Minor Changes, Corrections and Clarifications to Interim Zoning Regulations Established by Emergency Interim Zoning Ordinance Number 2636 (CCS) and Extended by Emergency Interim Zoning Ordinance Number 2658 (CCS) for Economic Recovery in the City’s BC (Promenade) District and Those Portions of the BC (2nd and 4th Street) District Bounded by Second Street to the West, Broadway to the South, 4th Street to the East, and Wilshire Boulevard to the North Recommended Action Staff recommends that the City Council introduce and adopt an Emergency Interim Zoning Ordinance to make minor changes, corrections and clarifications to interim zoning regulations for economic recovery of the City’s BC (Promenade) District and those portions of the BC (2nd and 4th Street) District bounded by 2nd Street to the west, Broadway to the south, 4th Street to the east, and Wilshire Boulevard to the North. Summary On May 12, 2020, Council adopted Emergency Interim Zoning Ordinance Number 2636 (CCS) (“IZO 2636”) establishing interim zoning regulations to support the economic recovery of local businesses impacted by the COVID-19 pandemic for the Third Street Promenade area bounded by 2nd Street to the west, Broadway to the south, 4th Street to the east, and Wilshire Boulevard to the north. The interim regulations focused on relaxing barriers that had been shown to create unnecessarily difficult processes for simple changes of use inhibiting the establishment of common neighborhood-serving uses. On November 10, 2020, Council adopted Emergency Interim Zoning Ordinance Number 2658 (CCS) (“IZO 2658”), which amended the interim zoning regulations adopted by IZO 2636, to make minor changes related to allowing more flexible loading standards, and extended the interim zoning regulations until December 31, 2022 to allow for 7.A Packet Pg. 295 2 of 9 additional testing and monitoring of flexible regulations to understand their efficacy and facilitate the continued economic recovery of local businesses. Since the adoption of the interim zoning regulations, and through their implementation, City Planning staff has identified several minor issues that require changes, corrections, or clarifications. The proposed amendments identified in this report are intended to address inadvertent omissions, a clarification to physical training uses, and recent adoptions of accessory dwelling unit and fast-food ordinances. If adopted, these amendments to the Interim Zoning Ordinance would be effective immediately. Background On May 12, 2020, Council adopted IZO 2636 establishing interim zoning regulations intended to be initial steps for relaxing and streamlining zoning and permitting requirements in support of business retention and recovery for the Third Street Promenade area bounded by 2nd Street to the west, Broadway to the south, 4th Street to the east, and Wilshire Boulevard to the north. The adopted changes sought to alleviate common barriers to opening a business. The IZO included a land use table that identified which land uses were permitted, prohibited, or subject to specific limitations within the BC district along the Promenade and within the BC district along 2nd and 4th Streets. However, the land use table inadvertently did not include two recent land use changes that were applicable to the BC district: • Allowing Commercial Entertainment and Recreation Large-Scale Facilities to be permitted uses and not allowing any individual fitness center tenant space exceeding 100 linear feet of ground floor street frontage without the approval of a Conditional Use Permit • Adding Fortunetelling as a permitted use On September 8, 2020, Council adopted Ordinance Number 2649 (CCS), which amended provisions of the Zoning Ordinance related to Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) uses. This ordinance permitted ADUs, which had previously been prohibited, in the BC district and added JADUs as a 7.A Packet Pg. 296 3 of 9 permitted land use in the BC district in accordance with changes in State law. These changes are currently not reflected in the IZO. On December 15, 2020, Council adopted Ordinance Number 2661 (CCS), which prohibited certain fast food restaurants in establishments with frontage on the Third Street Promenade. This change is also currently not reflected in the IZO. On November 10, 2020, Council adopted IZO 2658, which made minor changes related to allowing more flexible loading standards and extended the interim zoning regulations through December 31, 2022. Past Council Actions Meeting Date Description 05/12/20 (attachment A) Adoption of Emergency Interim Zoning Ordinance Number 2636 to Support and Facilitate the Economic Recovery of the Third Street Promenade Area 09/08/20 (attachment B) Adoption of Ordinance Number 2649 to Amend the City’s Zoning Ordinance Related to Accessory Dwelling Units and Junior Accessory Dwelling Units 12/15/21 (attachment C) Adoption of Ordinance Number 2661 to Prohibit Certain Fast Food Restaurants in Establishments with Frontage on the Third Street Promenade 11/10/20 (attachment D) Adoption of Emergency Interim Zoning Ordinance Number 2658 to Extend Interim Zoning Regulations Adopted by Emergency Interim Zoning Ordinance Number 2636 for Economic Recovery in the City’s Downtown Districts Discussion The proposed amendments to the IZO would correct the previous inadvertent omissions by adding specific limitation #21 to the land use table, which would permit Large Scale Facilities, except that any fitness center use exceeding 100 linear feet of ground floor frontage would require approval of a CUP. In addition, Fortunetelling would be added as a permitted use. ADUs would become a permitted use, and JADUs would be added as a permitted use, and, with the addition of specific limitation #22, Limited-Service and Take-Out Restaurant establishments with frontage on the Third Street Promenade and 7.A Packet Pg. 297 4 of 9 specific characteristics would be prohibited consistent with Council’s recent Zoning Ordinance amendments. In addition, a clarification to a specific limitation for Physical Training uses is proposed. Physical Training uses include gyms, exercise clubs, or studios offering martial arts, physical exercise, yoga training, and similar types of instruction to classes and groups of less than 5,000 square feet. However, specific limitation #1 in the IZO land use table limits this use to upper floors and on the ground floor only when the entire tenant space is located at least 50 feet from the front property line along the Promenade. As the IZO would permit Large Scale Facility fitness centers over 5,000 square feet in area with up to 100 linear feet of ground floor frontage outright, it would be inconsistent to prohibit smaller Physical Training uses on the ground floor along the Promenade. Staff proposes the removal of specific limitation #1 from the Physical Training land use in the BC (Promenade) District. The proposed changes, corrections, and clarifications to the IZO land use table are detailed below: Use Classification BC (Promenade) BC (2nd & 4th Streets) Additional Regulations Residential Uses Residential Housing Types See sub-classifications below. Single Unit Dwelling L(1) L(1) Accessory Dwelling Unit -P -P Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Junior Accessory Dwelling Unit P P Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Duplex L(1) L(1) Multiple-Unit Structure L(1) L(1) Senior Citizen Multiple-Unit Residential L(1) L(1) Single-Room Occupancy Housing L(1) L(1) Group Residential MUP, L(1) MUP, L(1) Congregate Housing CUP, L(1) CUP, L(1) SMMC Section 9.31.110, Congregate and Transitional Housing Senior Group Residential MUP, L(1) MUP, L(1) SMMC Section 9.31.310, Senior Group Residential Elderly and Long-Term Care L(1) L(1) 7.A Packet Pg. 298 5 of 9 Use Classification BC (Promenade) BC (2nd & 4th Streets) Additional Regulations Emergency Shelters CUP/L(1) L(1), L(6)/CUP Family Day Care See sub-classifications below. Large L(1) L(1) SMMC Section 9.31.140, Family Day Care, Large Small L(1) L(1) Residential Facilities See sub-classifications below. Residential Care, General L(1) L(1) SMMC Section 9.31.270, Residential Care Facilities Residential Care, Limited L(1) L(1) Residential Care, Senior L(1) L(1) Hospice, General L(1) L(1) Hospice, Limited L(1) L(1) Supportive Housing L(1) L(1) Transitional Housing L(1) L(1) Public and Semi-Public Uses Adult Day Care L(1) L(1) Child Care and Early Education Facilities L(1) P SMMC Section 9.31.120, Child Care and Early Education Facilities Colleges and Trade Schools, Public or Private L(1) L(1) Community Assembly - P Community Gardens - P Cultural Facilities P P Hospitals and Clinics L(1) L(1) Park and Recreation Facilities, Public P P Public Safety Facilities P P Schools, Public or Private L(1) P Social Service Centers - P SMMC Section 9.31.350, Social Service Centers Commercial Uses Animal Care, Sales, and Services See sub-classifications below. Grooming and Pet Stores L(5)/CUP L(5)/CUP No more than 10 dogs or cats can be kept overnight Pet Day Care Services - MUP Veterinary Services - MUP Automobile/Vehicle Sales and Service See sub-classifications below. Alternative Fuels and Recharging Facilities - - Automobile Rental L(10) L(10) Automobile Storage Use - - New Automobile/Vehicle Sales and Leasing L(8), L(5)/CUP L(8), L(5)/CUP Additions 7,500 sq ft or less to Automobile/ Vehicle Sales and Leasing buildings existing as of 7/06/2010 - - SMMC Section 9.31.070 Automobile/ Vehicle Sales, Leasing, and Storage Additions larger than 7,500 sq ft to Automobile/Vehicle Sales and Leasing buildings existing as of 7/06/2010 - - Automobile/Vehicle Repair, Major - - Automobile/Vehicle Service and Repair, Minor - - Automobile/Vehicle Washing - - Service Station - - Towing and Impound - - Banks and Financial Institutions See sub-classifications below. Banks and Credit Unions - - Check Cashing Businesses - - Business Services - L(5)/CUP 7.A Packet Pg. 299 6 of 9 Use Classification BC (Promenade) BC (2nd & 4th Streets) Additional Regulations Commercial Entertainment and Recreation See sub-classifications below. Cinemas & Theaters, up to 99 seats P P Cinemas & Theaters, more than 99 seats CUP CUP Convention and Conference Centers CUP CUP Large-Scale Facility L (21)/CUP L (21)/CUP Small-Scale Facility L(5)/CUP L(5)/CUP SMMC Section 9.31.340 Small Scale Facility Fortunetelling P P Eating and Drinking Establishments See sub-classifications below. Bars/Nightclubs/Lounges P P Restaurants, Full-Service, Limited Service & Take-out (2,500 sq ft and smaller, including Outdoor Dining and Seating) PL(22) P SMMC Section 9.31.040, Alcoholic Beverage Sales SMMC Section 9.31.280, Restaurants, Limited Service, and Take-Out Only SMMC Section 9.31.200, Outdoor Dining and Seating Restaurants, Full-Service, Limited Service & Take-out (2,501 – 5,000 sq ft, including Outdoor Dining and Seating) PL(22) P Restaurants, Full-Service, Limited Service & Take-out (greater than 5,000 sq ft, including Outdoor Dining and Seating) PL(22) P Food Hall P P Equipment Rental - - Food and Beverage Sales See sub-classifications below. Convenience Market L(5)/CUP L(5)/CUP SMMC Section 9.31.040, Alcoholic Beverage Sales Farmers’ Market P P General Market L(12)/ CUP L(12)/ CUP SMMC Section 9.31.040, Alcoholic Beverage Sales Liquor Stores CUP CUP Funeral Parlors and Mortuaries - - Instructional Services L(1), L(5)/CUP L(5)/CUP Live-Work L(1)(13) L(13) SMMC Section 9.31.170, Live-Work Lodging See sub-classifications below. Bed and Breakfast MUP MUP SMMC Section 9.31.090, Bed and Breakfasts Hotels and Motels CUP CUP Maintenance and Repair Services - - Nurseries and Garden Centers - L(5)/CUP SMMC Section 9.31.220, Outdoor Retail Display and Sales Offices See sub-classifications below. Business and Professional L(1) L(1) Creative L(1) L(1) Medical and Dental L(1) L(1) Walk-In Clientele L(1) L(5)/CUP Outdoor Newsstands P P SMMC Section 9.31.210, 7.A Packet Pg. 300 7 of 9 Use Classification BC (Promenade) BC (2nd & 4th Streets) Additional Regulations Outdoor Newsstands Parking, Public or Private - CUP Personal Services See sub-classifications below. General Personal Services L(1), L(5)/CUP L(5)/CUP SMMC Section 9.31.230, Personal Service Physical Training L(1), L(17), L(5)/CUP L(17), L(5)/CUP Tattoo or Body Modification Parlor MUP MUP SMMC Section 9.31.230, Personal Service Retail Sales See sub-classifications below. Building Materials Sales and Services - - SMMC Section 9.31.220, Outdoor Retail Display and Sales General Retail Sales, Small-Scale P L(5)/CUP General Retail Sales, Medium-Scale CUP CUP General Retail Sales, Large-Scale - - Medical Marijuana Dispensaries - - SMMC Section 9.31.185, Medical Marijuana Dispensaries Pawn Shops - - Swap Meets - - Industrial Uses Artist’s Studio L(2) L(2) Commercial Kitchens - - Industry, Limited L(9) L(9) Media Production See sub-classifications below. Support Facilities L(1) L(1) Transportation, Communication, and Utilities Uses Bus/Rail Passenger Stations P P City Bike Share Facility P P Communication Facilities See sub-classifications below. Antennas and Transmission Towers - - Equipment within Buildings - - Light Fleet-Based Services - - Utilities, Major - - Utilities, Minor P P Specific Limitations: (1) Limited to upper floors, and on the ground floor where the entire tenant space including the primary entry shall be located at least 50 feet from the front property line, except for residential units shall be limited to upper floors only. (2) A minimum average depth of 40 feet, but in no case less than 25 feet, from the front parcel line adjacent to a street for the entire ground-floor street frontage shall be designed to accommodate interactive uses. For purposes of this limitation, interactive uses shall be commercial uses with an interactive element, including, but not limited to, retail sales, exhibitions, displays, demonstrations, or instruction. (5) Permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective. Permitted within new buildings, except: 7.A Packet Pg. 301 8 of 9 (a) No individual ground floor tenant space shall occupy more than 7,500 square feet of floor area and/or exceed 50 linear feet of ground floor street frontage without a Conditional Use Permit. (b) Ground floor tenant spaces in the Santa Monica Place are not subject to size limitations. (6) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency shelters with 55 or more beds. (8) Limited to alternative fuel vehicle automobile dealer showrooms only. (9) A minimum depth of 50 feet from the front parcel line adjacent to a street for the entire ground-floor street frontage shall be designed to accommodate interactive uses. For purposes of this limitation, interactive uses shall be commercial uses with an interactive element, including, but not limited to, retail sales, dining, demonstrations, or instruction. (10) Permitted as an ancillary use to support a primary use. (12) General Markets greater than 15,000 square feet require approval of a Conditional Use Permit, except general markets in the Mixed-Use Boulevard district greater than 25,000 square feet require approval of a Conditional Use Permit. (13) If the commercial use requires a MUP or CUP, an application shall be required in accordance with SMMC, Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the live-work unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from uses that generate airborne particulates in a unit with an unenclosed kitchen. (17) Youth-serving personal services, physical training requires review and approval of a passenger loading and drop-off plan by the Director. (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. The IZO with these proposed minor clarifications would continue to be effective until December 31, 2022. 7.A Packet Pg. 302 9 of 9 Environmental Analysis The proposed IZO is 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, it can be seen with certainty that there is no possibility that the proposed changes may have a significant effect on the environment. Neither the general plan land use designations nor zoning designations for the properties within the Third Street Promenade Area will be changed. The current development standards and land use regulations for the properties within the Third Street Promenade Area were analyzed in an Environmental Impact Report (SCH #2013091056) certified in 2017 in conjunction with the adoption of the City’s Downtown Community Plan. Therefore, no further environmental review under CEQA is required. Financial Impacts and Budget Actions 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 Attachments: A. City Council Meeting - May 12, 2020 (Web Link) B. City Council Meeting - September 8, 2020 (Web Link) C. City Council Meeting - December 15, 2020 (Web Link) D. City Council Meeting - November 10, 2020 (Web Link) E. Proposed Revised IZO 7.A Packet Pg. 303 1 City Council Meeting: April 13, 2021 Santa Monica, California ORDINANCE NUMBER _____ (CCS) (City Council Series) AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING MINOR CHANGES, CORRECTIONS AND CLARIFICATIONS TO INTERIM ZONING REGULATIONS ESTABLISHED BY EMERGENCY INTERIM ORDINANCE 2636 (CCS) AND EXTENDED AND AMENDED BY EMERGENCY INTERIM ZONING ORDINANCE 2658 FOR ECONOMIC RECOVERY OF THE BC (PROMENADE) DISTRICT AND THOSE PORTIONS OF THE BC (2ND AND 4TH STREET) DISTRICT BOUNDED BY SECOND STREET TO THE WEST, BROADWAY TO THE SOUTH, 4TH STREET TO THE EAST, AND WILSHIRE BOULEVARD TO THE NORTH WHEREAS, on July 25, 2017, the City Council of the City of Santa Monica (the “City Council”) adopted the Downtown Community Plan (“DCP”) which sets forth a vision for the continued vitality of the Third Street Promenade as a major public space framed by a mix of retail, restaurants, and services that form unique experiences enjoyable to both residents and visitors; and WHEREAS, the DCP supports activities that enrich the Promenade, including street performances and events that enliven the street and provide memorable experiences for visitors, while also seeking to expand cultural opportunities including live music venues and upgraded state-of-the art cinemas; and WHEREAS, the DCP acknowledges that the Promenade is an essential component of the Downtown’s economic sustainability and emphasizes the 7.A.e Packet Pg. 304 Attachment: Proposed Revised IZO (4480 : Third Street Promenade Interim Zoning Ordinance Refinement (30 mins)) 2 importance of reevaluating and refreshing the Promenade so that it remains attractive and exciting to residents and visitors alike; and WHEREAS, in 2018, the City and Downtown Santa Monica, Inc. (“DTSM”) commenced a planning effort, “Promenade 3.0”, to study the future of the Third Street Promenade, and subsequently convened a “Promenade 3.0 Task force” to provide advice to the planning effort; and WHEREAS, on December 12, 2018, the scope of the Promenade 3.0 planning effort was presented to the Planning Commission; and WHEREAS, in April 2019, the Promenade 3.0 Task Force, Third Street property owners, and the DTSM board reviewed and commented on a “Project Vision/Goals” document intended to provide guidance to the Promenade 3.0 planning effort as it imagines new alternatives to the Promenade’s physical design, amendments to the City’s zoning ordinances, and programmatic activities; and WHEREAS, the City, after receiving input from DTSM staff, property owners, leasing agents, and DTSM board members identified a variety of amendments to the City’s zoning ordinances to reduce or eliminate regulations that may impede or delay commencement of tenancies and business operations and increase opportunities for a variety of retail, restaurant, and service uses; and WHEREAS, the Promenade 3.0 planning effort was organized into three “lanes” of activities, with “Lane 2” focusing on the evaluation of regulatory changes to private property to encourage diverse and engaging businesses; and WHEREAS, in Spring 2019, City and DTSM staff identified a number of potential revisions to regulations and process that fell within the “Lane 2” category, 7.A.e Packet Pg. 305 Attachment: Proposed Revised IZO (4480 : Third Street Promenade Interim Zoning Ordinance Refinement (30 mins)) 3 which included modifications to zoning to increase opportunities for nightlife and entertainment, provide flexibility to divide spaces and change uses to better meet market conditions, and improve the function of alleys, outdoor dining areas, and other ancillary spaces; and WHEREAS, on June 19, 2019, the “Project Vision/Goals” document was presented to the Planning Commission for review, and the Planning Commission adopted a resolution of intent to pursue zoning ordinance amendments relevant to “Lane 2”; and WHEREAS, at a subsequent meeting on October 2, 2019, the Planning Commission requested that City staff explore greater flexibility with more administrative approvals than currently available for uses falling within “Lane 2” and consented to piloting new regulations through an Interim Zoning Ordinance (“IZO”); and WHEREAS, at a Promenade 3.0 study session on November 5, 2019, City Council responded positively to fostering the development of nightlife, cultural, and entertainment uses that encourage patronage of physical establishments and increase pedestrian activity on the Promenade at alternate times of day, supporting private property owners in adapting their spaces to an evolving retail environment and selecting tenants that present the Promenade as unique in the landscape of competitive regional destinations, and delegating review authority to City staff and otherwise codifying adaptability and flexibility to allow for nimble and efficient re- tenanting of vacancies as retail concepts continue to evolve; and 7.A.e Packet Pg. 306 Attachment: Proposed Revised IZO (4480 : Third Street Promenade Interim Zoning Ordinance Refinement (30 mins)) 4 WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (the “Executive Order”); and WHEREAS, on March 16, 2020 the Director of Emergency Services issued a Third Supplement to the Executive Order, requiring the closure of a wide range of businesses including bars, nightclubs, on-premises restaurant service, movie theatres, live performance venues, gyms, fitness centers, spas, hair salons, massage parlors, and nail salons; and WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its earlier March 16, 2020, Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and 7.A.e Packet Pg. 307 Attachment: Proposed Revised IZO (4480 : Third Street Promenade Interim Zoning Ordinance Refinement (30 mins)) 5 WHEREAS, since March 19, 2020, the Los Angeles County Department of Public Health has on multiple occasions amended and modified its Health Officer Order, including on October 14, 2020, issuing a revised Health Officer Order, Reopening Safer at Work and in the Community for Control of COVID-19, which recognizes that existing community transmission of COVID-19 in Los Angeles County remains widespread and as a result retains strict limitations on public gatherings, required closures of certain businesses, and strict limitations and protocols for the operations of businesses permitted to remain open; and WHEREAS, the economic impacts of the COVID-19 closures of and limitations on businesses have been devastating to the local Santa Monica economy; and WHEREAS, the hardest hit sectors in Santa Monica include retail and arts/entertainment/leisure, initially representing the temporary closure of over approximately 1,300 businesses employing approximately 11,000 people; and WHEREAS, those businesses that remained, or have since been permitted to, open are operating at a fraction of pre-COVID levels under the limitations set forth in the Health Officer Order; and WHEREAS, on May 29, 2020, the Director of Emergency Services issued the 18th Supplement to the Executive Order, which temporarily permits outdoor uses to provide additional opportunities for businesses to operate in compliance with the Health Officer Order, and was subsequently revised to expand opportunities for outdoor operations in response to amendments to the Health Officer Order and community input; and 7.A.e Packet Pg. 308 Attachment: Proposed Revised IZO (4480 : Third Street Promenade Interim Zoning Ordinance Refinement (30 mins)) 6 WHEREAS, five months after the 18th Supplement was issued, only 224 businesses, including restaurants, retail, fitness and personal services, had submitted applications for such outdoor operations; and WHEREAS, it is clear that the longer the emergency order is in place, the more difficult it will be for small retail and restaurant operators to return, reopen, and continue to operate their businesses; and WHEREAS, the City’s business improvement districts have reported that at least 70 small businesses have permanently closed across many sectors, including retail, leisure, and restaurants; and WHEREAS, although the City continues to be in an emergency response phase, an emergency management principle has been established that recovery planning must begin as early as possible to strengthen community resilience while shortening the economic recovery timeline; and WHEREAS, some of the actions that the City has taken during this state of emergency to support local business are: commercial eviction protections; suspension of late fees for City-imposed bills and taxes and parking restrictions in green zones; a website with business resources; and assistance for restaurants and food retailers by allowing sales of alcohol via delivery and takeout, providing flexibility for restaurants to sell groceries, and allowing curbside pickup; and WHEREAS, the City is also building upon the existing Buy Local program and providing free marketing support through an interactive map showing available essential services providers that are open providing an avenue for Santa Monica residents to support local businesses; and 7.A.e Packet Pg. 309 Attachment: Proposed Revised IZO (4480 : Third Street Promenade Interim Zoning Ordinance Refinement (30 mins)) 7 WHEREAS, on April 14, 2020, the City Council directed that restructuring city services be prioritized on foundational services, emergency response, and economic recovery; and WHEREAS, the City has continued to engage in an economic recovery strategy that involves a multi-pronged approach focusing on five areas: business retention and reopening; business process and permitting; publicity and marketing, community economic development, re-employment, and local hiring; and federal and state resources; and WHEREAS, the Promenade’s past success has resulted from the creation of an authentic urban retail, dining, and cinema experience; and WHEREAS, as the commercial and economic landscape evolves, the Promenade’s economic recovery and competitive advantage will depend on its ability to deliver on a diverse range of unique dining, retail, and entertainment uses; and WHEREAS, it will facilitate economic recovery of the Promenade to extend to the area surrounding the Promenade that is bounded by 2nd Street to the west, Broadway to the south, 4th Street to the east, and Wilshire Boulevard to the north, regulatory relief consistent with that provided to the Promenade, including in particular increased flexibility in use for alleys adjacent to the Promenade; and WHEREAS, remaining portions of the BC (2nd & 4th Street) District are in closer proximity to more concentrated residential uses and the proposed relaxed restrictions could intrude on those uses; and 7.A.e Packet Pg. 310 Attachment: Proposed Revised IZO (4480 : Third Street Promenade Interim Zoning Ordinance Refinement (30 mins)) 8 WHEREAS, on May 12, 2020, the City Council adopted Emergency Interim Zoning Ordinance Number 2636 (CCS) (“Interim Zoning Ordinance 2636”), which established interim zoning regulations to provide immediate relief and regulatory certainty for businesses in the Third Street Promenade area that may have interest in looking ahead to make plans for re-opening by taking initial steps towards economic recovery that included: minor modifications to land use regulations to provide additional business opportunities and increased flexibility for existing businesses; eliminating the requirement of a Conditional Use Permit for the conversion of eating and drinking establishments to other uses; easing standards related to legal, nonconforming restaurant and retail uses; relaxing Alcohol Exemption conditions and processes; and allowing for alternate compliance with loading standards; and WHEREAS, on November 10, 2020, the City Council adopted Emergency Interim Zoning Ordinance Number 2658 (CCS) (“Interim Zoning Ordinance 2658”), which amended the interim zoning regulations adopted by Interim Zoning Ordinance 2636 (the “interim zoning regulations”) to expand eligibility for alternate compliance with loading standards and extend the term of the interim zoning regulations to December 31, 2022 to allow for additional testing and monitoring of their efficacy and to facilitate the continued economic recovery of local businesses; and WHEREAS, the interim zoning regulations inadvertently omitted recent amendments to the use regulations for the BC (Promenade) and BC (2nd and 4th Streets) Districts to permit fortunetelling and large scale facilities, except that large 7.A.e Packet Pg. 311 Attachment: Proposed Revised IZO (4480 : Third Street Promenade Interim Zoning Ordinance Refinement (30 mins)) 9 scale facilities operating as fitness centers that exceed 100 linear feet of ground floor frontage must obtain approval by Conditional Use Permit; and WHEREAS, the interim zoning regulations permit fitness centers over 5,000 square feet with up to 100 linear feet of ground floor frontage but limit physical training uses of 5,000 square feet or less to upper floors, or on the ground floor only when the entire tenant space is located at least 50 feet from the front property line along the Third Street Promenade; and WHEREAS, on September 8, 2020, the City Council adopted Ordinance Number 2649 (CCS) (“Ordinance 2649”), which, in part, amended land use regulations in the BC Promenade District to permit Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”) for consistency with state law; and WHEREAS, on December 15, 2020, the City Council adopted Ordinance Number 2661 (CCS) (“Ordinance 2661”), which prohibited certain fast food restaurants in establishments with frontage on the Third Street Promenade; and WHEREAS, the City desires to make minor changes, corrections and clarifications to the interim zoning regulations to: remove the limitation on physical training uses to upper floors and on the ground floor only when the entire tenant space is located at least 50 feet from the front property line along the Promenade within the BC (Promenade) District; clarify that fortunetelling and large scale facilities are permitted, except that large scale facilities operating as fitness centers that exceed 100 linear feet of ground floor frontage must obtain approval by Conditional Use Permit; and incorporate changes made by Ordinance No. 2649 to 7.A.e Packet Pg. 312 Attachment: Proposed Revised IZO (4480 : Third Street Promenade Interim Zoning Ordinance Refinement (30 mins)) 10 permit ADUs and JADUs, and Ordinance No. 2661 to prohibit certain fast food restaurants in establishments with frontage along the Third Street Promenade; and WHEREAS, the City Council finds and declares that a current and immediate threat to the public health, safety, and general welfare continues to exist due to the devastating impact the COVID-19-mandated closures and limitations have had on the local economy, and the proposed interim zoning regulations to stimulate economic recovery are necessary to protect the public health, safety, and welfare. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Area Subject to Interim Zoning Regulations. The interim zoning regulations set forth in Section 2, below, shall apply to all properties located in the BC (Promenade) District and parcels located in that portion of the BC (2nd & 4th Streets) District bounded by 2nd Street to the west, Broadway to the south, 4th Street to the east, and Wilshire Boulevard to the north (collectively the “Third Street Promenade Area”). The remaining parcels located in the BC (2nd & 4th Streets) District along the west side of 2nd Street and the east side of 4th Street shall not be subject to the interim zoning regulations set forth in this Interim Zoning Ordinance. SECTION 2. Interim Zoning Regulations. The following interim zoning regulations shall apply to the Third Street Promenade Area: (a) Interim Land Use Regulations. Notwithstanding anything to the contrary in Santa Monica Municipal Code Section 9.10.040, the following land use table prescribes the land use regulations for the Third Street Promenade Area. The 7.A.e Packet Pg. 313 Attachment: Proposed Revised IZO (4480 : Third Street Promenade Interim Zoning Ordinance Refinement (30 mins)) 11 regulations are established by letter designations in the land use table. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review. “P” designates permitted uses. “L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table. “MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit. “CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit. “–” designates uses that are not permitted. Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”). Use classifications and sub- classifications not listed in the table are prohibited unless the Director determines whether a specific use not listed in the table shall be deemed to be within one or more use classifications pursuant to Chapter 9.51. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of the Zoning Ordinance that are not affected by the interim zoning regulations. 7.A.e Packet Pg. 314 Attachment: Proposed Revised IZO (4480 : Third Street Promenade Interim Zoning Ordinance Refinement (30 mins)) 12 Use Classification BC (Promenade) BC (2nd & 4th Streets) Additional Regulations Residential Uses Residential Housing Types See sub-classifications below. Single Unit Dwelling L(1) L(1) Accessory Dwelling Unit -P -P Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Junior Accessory Dwelling Unit P P Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Duplex L(1) L(1) Multiple-Unit Structure L(1) L(1) Senior Citizen Multiple-Unit Residential L(1) L(1) Single-Room Occupancy Housing L(1) L(1) Group Residential MUP, L(1) MUP, L(1) Congregate Housing CUP, L(1) CUP, L(1) SMMC Section 9.31.110, Congregate and Transitional Housing Senior Group Residential MUP, L(1) MUP, L(1) SMMC Section 9.31.310, Senior Group Residential Elderly and Long-Term Care L(1) L(1) Emergency Shelters CUP/L(1) L(1), L(6)/CUP Family Day Care See sub-classifications below. Large L(1) L(1) SMMC Section 9.31.140, Family Day Care, Large Small L(1) L(1) Residential Facilities See sub-classifications below. Residential Care, General L(1) L(1) SMMC Section 9.31.270, Residential Care Facilities Residential Care, Limited L(1) L(1) Residential Care, Senior L(1) L(1) Hospice, General L(1) L(1) Hospice, Limited L(1) L(1) Supportive Housing L(1) L(1) Transitional Housing L(1) L(1) Public and Semi-Public Uses Adult Day Care L(1) L(1) Child Care and Early Education Facilities L(1) P SMMC Section 9.31.120, Child Care and Early Education Facilities Colleges and Trade Schools, Public or Private L(1) L(1) Community Assembly - P Community Gardens - P Cultural Facilities P P Hospitals and Clinics L(1) L(1) Park and Recreation Facilities, Public P P Public Safety Facilities P P Schools, Public or Private L(1) P 7.A.e Packet Pg. 315 Attachment: Proposed Revised IZO (4480 : Third Street Promenade Interim Zoning Ordinance Refinement (30 mins)) 13 Use Classification BC (Promenade) BC (2nd & 4th Streets) Additional Regulations Social Service Centers - P SMMC Section 9.31.350, Social Service Centers Commercial Uses Animal Care, Sales, and Services See sub-classifications below. Grooming and Pet Stores L(5)/CUP L(5)/CUP No more than 10 dogs or cats can be kept overnight Pet Day Care Services - MUP Veterinary Services - MUP Automobile/Vehicle Sales and Service See sub-classifications below. Alternative Fuels and Recharging Facilities - - Automobile Rental L(10) L(10) Automobile Storage Use - - New Automobile/Vehicle Sales and Leasing L(8), L(5)/CUP L(8), L(5)/CUP Additions 7,500 sq ft or less to Automobile/ Vehicle Sales and Leasing buildings existing as of 7/06/2010 - - SMMC Section 9.31.070 Automobile/ Vehicle Sales, Leasing, and Storage Additions larger than 7,500 sq ft to Automobile/Vehicle Sales and Leasing buildings existing as of 7/06/2010 - - Automobile/Vehicle Repair, Major - - Automobile/Vehicle Service and Repair, Minor - - Automobile/Vehicle Washing - - Service Station - - Towing and Impound - - Banks and Financial Institutions See sub-classifications below. Banks and Credit Unions - - Check Cashing Businesses - - Business Services - L(5)/CUP Commercial Entertainment and Recreation See sub-classifications below. Cinemas & Theaters, up to 99 seats P P Cinemas & Theaters, more than 99 seats CUP CUP Convention and Conference Centers CUP CUP Large-Scale Facility L(21)/CUP L(21)/CUP Small-Scale Facility L(5)/CUP L(5)/CUP SMMC Section 9.31.340 Small Scale Facility Fortunetelling P P Eating and Drinking Establishments See sub-classifications below. Bars/Nightclubs/Lounges P P Restaurants, Full-Service, Limited Service & Take-out (2,500 sq ft and smaller, including Outdoor Dining and Seating) PL(22) P SMMC Section 9.31.040, Alcoholic Beverage Sales 7.A.e Packet Pg. 316 Attachment: Proposed Revised IZO (4480 : Third Street Promenade Interim Zoning Ordinance Refinement (30 mins)) 14 Use Classification BC (Promenade) BC (2nd & 4th Streets) Additional Regulations Restaurants, Full-Service, Limited Service & Take-out (2,501 – 5,000 sq ft, including Outdoor Dining and Seating) PL(22) P SMMC Section 9.31.280, Restaurants, Limited Service, and Take-Out Only SMMC Section 9.31.200, Outdoor Dining and Seating Restaurants, Full-Service, Limited Service & Take-out (greater than 5,000 sq ft, including Outdoor Dining and Seating) PL(22) P Food Hall P P Equipment Rental - - Food and Beverage Sales See sub-classifications below. Convenience Market L(5)/CUP L(5)/CUP SMMC Section 9.31.040, Alcoholic Beverage Sales Farmers’ Market P P General Market L(12)/ CUP L(12)/ CUP SMMC Section 9.31.040, Alcoholic Beverage Sales Liquor Stores CUP CUP Funeral Parlors and Mortuaries - - Instructional Services L(1), L(5)/CUP L(5)/CUP Live-Work L(1)(13) L(13) SMMC Section 9.31.170, Live-Work Lodging See sub-classifications below. Bed and Breakfast MUP MUP SMMC Section 9.31.090, Bed and Breakfasts Hotels and Motels CUP CUP Maintenance and Repair Services - - Nurseries and Garden Centers - L(5)/CUP SMMC Section 9.31.220, Outdoor Retail Display and Sales Offices See sub-classifications below. Business and Professional L(1) L(1) Creative L(1) L(1) Medical and Dental L(1) L(1) Walk-In Clientele L(1) L(5)/CUP Outdoor Newsstands P P SMMC Section 9.31.210, Outdoor Newsstands Parking, Public or Private - CUP Personal Services See sub-classifications below. General Personal Services L(1), L(5)/CUP L(5)/CUP SMMC Section 9.31.230, Personal Service Physical Training L(1), L(17), L(5)/CUP L(17), L(5)/CUP Tattoo or Body Modification Parlor MUP MUP SMMC Section 9.31.230, Personal Service Retail Sales See sub-classifications below. Building Materials Sales and Services - - SMMC Section 9.31.220, Outdoor Retail Display and Sales General Retail Sales, Small-Scale P L(5)/CUP General Retail Sales, Medium-Scale CUP CUP General Retail Sales, Large-Scale - - 7.A.e Packet Pg. 317 Attachment: Proposed Revised IZO (4480 : Third Street Promenade Interim Zoning Ordinance Refinement (30 mins)) 15 Use Classification BC (Promenade) BC (2nd & 4th Streets) Additional Regulations Medical Marijuana Dispensaries - - SMMC Section 9.31.185, Medical Marijuana Dispensaries Pawn Shops - - Swap Meets - - Industrial Uses Artist’s Studio L(2) L(2) Commercial Kitchens - - Industry, Limited L(9) L(9) Media Production See sub-classifications below. Support Facilities L(1) L(1) Transportation, Communication, and Utilities Uses Bus/Rail Passenger Stations P P City Bike Share Facility P P Communication Facilities See sub-classifications below. Antennas and Transmission Towers - - Equipment within Buildings - - Light Fleet-Based Services - - Utilities, Major - - Utilities, Minor P P   Specific Limitations: (1) Limited to upper floors, and on the ground floor where the entire tenant space including the primary entry shall be located at least 50 feet from the front property line, except for residential units shall be limited to upper floors only. (2) A minimum average depth of 40 feet, but in no case less than 25 feet, from the front parcel line adjacent to a street for the entire ground-floor street frontage shall be designed to accommodate interactive uses. For purposes of this limitation, interactive uses shall be commercial uses with an interactive element, including, but not limited to, retail sales, exhibitions, displays, demonstrations, or instruction. (5) Permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective. Permitted within new buildings, except: (a) No individual ground floor tenant space shall occupy more than 7,500 square feet of floor area and/or exceed 50 linear feet of ground floor street frontage without a Conditional Use Permit. (b) Ground floor tenant spaces in the Santa Monica Place are not subject to size limitations. (6) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency shelters with 55 or more beds. (8) Limited to alternative fuel vehicle automobile dealer showrooms only. (9) A minimum depth of 50 feet from the front parcel line adjacent to a street for the entire ground-floor street frontage shall be designed to accommodate interactive uses. For purposes of this limitation, interactive uses shall be commercial uses with an interactive element, including, but not limited to, retail sales, dining, demonstrations, or instruction. (10) Permitted as an ancillary use to support a primary use. (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. 7.A.e Packet Pg. 318 Attachment: Proposed Revised IZO (4480 : Third Street Promenade Interim Zoning Ordinance Refinement (30 mins)) 16 (13) If the commercial use requires a MUP or CUP, an application shall be required in accordance with SMMC, Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the live-work unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from uses that generate airborne particulates in a unit with an unenclosed kitchen. (17) Youth-serving personal services, physical training requires review and approval of a passenger loading and drop-off plan by the Director. (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. (b) Conversion of Any Portion of an Eating and Drinking Establishment to Any Other New or Expanded Use Located on the Ground Floor. Notwithstanding the provisions of Santa Monica Municipal Code Section 9.10.040(A), that section shall not apply in the Third Street Promenade Area. (c) Abandonment of Legal Nonconforming Eating and Drinking Establishment and Retail Uses. Notwithstanding any provisions of Santa Monica Municipal Code Section 9.27.050(B) to the contrary, the following legal, nonconforming uses may be resumed, reestablished, or reopened even if that nonconforming use has been abandoned for more than one year, unless a conforming use that meets the applicable requirements of the Zoning Ordinance has been lawfully established in the space previously occupied by the nonconforming use: 1. Bar/nightclub/lounge; 2. Restaurant, full service 3. Restaurant, limited service and take-out; 7.A.e Packet Pg. 319 Attachment: Proposed Revised IZO (4480 : Third Street Promenade Interim Zoning Ordinance Refinement (30 mins)) 17 4. Food hall; 5. General retail sales, small scale; and 6. General retail sales, medium scale. (d) Offsite Parking Requirements for Food Halls. For application to the Third Street Promenade Area only, the off-street parking requirements set out in Santa Monica Municipal Code Section 9.28.060 shall be modified to provide as follows for Food Halls, as defined by paragraph (h)(2) below: off-street parking shall be provided for Food Halls in an amount of no more than 1 space per 500 sq. ft. (e) Loading Space Requirements for New Buildings, Additions, Enlargements of Use, and Changes of Use. Notwithstanding any provisions of Santa Monica Municipal Code Section 9.28.080 to the contrary, no building permit shall issue for a new building, addition, enlargement of use, or change in use within the Third Street Promenade Area unless the Director has reviewed and approved a parking and loading operations plan for the proposed project. The Director may, in accordance with the requirements of this paragraph, approve a parking and loading operations plan that results in a waiver or reduction in the number and/or dimensions of loading areas and spaces otherwise required under Section 9.28.080. The parking and loading operations plan shall include information as deemed appropriate by the Director for approval, including, but not limited to, plans, prior uses, easements, and other items necessary or relevant to describe existing conditions and the proposed project. The Director may approve a parking and loading operations plan upon a determination that the plan is not in conflict 7.A.e Packet Pg. 320 Attachment: Proposed Revised IZO (4480 : Third Street Promenade Interim Zoning Ordinance Refinement (30 mins)) 18 with other project operations and impacts to the public right-of-way, which may include, but not be limited to, impacts to resource, recovery and recycling operations, noise impacts, and public safety concerns. (f) Alcohol Exemption Zoning Conformance Permit. Notwithstanding any provisions of Santa Monica Municipal Code Section 9.31.040(D) to the contrary, the following regulations related to Alcohol Exemption Zoning Conformance Permits shall apply in the Third Street Promenade Area: 1. The following uses that offer alcoholic beverages shall be exempted from the provisions of the Conditional Use Permit requirement of subsection 9.31.040(B) if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions set forth in paragraph 2, below: a. Bar/nightclub/lounge; b. Restaurant, full service; c. Restaurant, limited service and take-out; d. Food hall; e General retail sales, small scale; and f. General retail sales, medium scale 2. The Director may approve a permit under paragraph 1, above, subject to the following criteria and conditions: a. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily. 7.A.e Packet Pg. 321 Attachment: Proposed Revised IZO (4480 : Third Street Promenade Interim Zoning Ordinance Refinement (30 mins)) 19 b. From 8:00 am until at least 10:00 p.m., food service shall be available at all times when alcohol is being served. c. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license. d. Window or other signage visible from the public right- of-way that advertises beer or alcohol shall not be permitted. e. Except as may be permitted by a Temporary Use Permit issued in accordance with Santa Monica Municipal Code Chapter 9.44, Temporary Use Permits, alcohol shall not be served in any disposable containers such as disposable plastic or paper cups. f. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises. g. Liquor bottle service shall be prohibited. Wine and beer bottle service shall not be available to patrons unless food service is provided concurrent with the bottle service. For purposes of this paragraph, “bottle service” means the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, or other items used for the mixing of drinks, which patrons are able to then use to make their own drinks or pour their own wine or beer. 7.A.e Packet Pg. 322 Attachment: Proposed Revised IZO (4480 : Third Street Promenade Interim Zoning Ordinance Refinement (30 mins)) 20 h. The premises shall not organize or participate in organized “pub-crawl” events where participants or customers pre- purchase tickets or tokens to be exchanged for alcoholic beverages at the premises. i. Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code. j. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues. k. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all 7.A.e Packet Pg. 323 Attachment: Proposed Revised IZO (4480 : Third Street Promenade Interim Zoning Ordinance Refinement (30 mins)) 21 employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments. l. Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC. m. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free non-alcoholic drink for every party of two or more ordering alcoholic beverages. n. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood. o. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. 7.A.e Packet Pg. 324 Attachment: Proposed Revised IZO (4480 : Third Street Promenade Interim Zoning Ordinance Refinement (30 mins)) 22 p. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. Minor amendments to the plans shall be subject to approval by the Director. q. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. (g) Zoning Conformance Review for Existing Alcohol Outlets. Notwithstanding anything to the contrary in Santa Monica Municipal Code Section 9.31.040(E), the following regulations shall apply to Zoning Conformance Review for existing alcohol outlets in the Third Street Promenade Area: 1. When an existing alcohol outlet without a Conditional Use Permit changes ownership or undergoes an interior remodel, it shall be subject to Zoning Conformance review to confirm consistency with current operations, except that an existing alcohol outlet that was lawfully established and is nonconforming solely due to the lack of an approved Conditional Use Permit shall not be subject to a zoning conformance review if the licensed premises have remained in continuous operation without substantial change in mode or character of operation. As used in this paragraph, a substantial change in mode or character of operation shall 7.A.e Packet Pg. 325 Attachment: Proposed Revised IZO (4480 : Third Street Promenade Interim Zoning Ordinance Refinement (30 mins)) 23 include, but is not limited to: a 5 percent increase in the floor area of the premises; a 10 percent increase in the shelf area used for the display of alcoholic beverages; implementing a cover charge, that is, requiring payment from customers before they may enter the premises; or a 5 percent increase or decrease in the number of seats in any restaurant that serves alcoholic beverages, but in no case shall the increase exceed any established seating limitation in the underlying zoning district. 2. When an existing alcohol outlet with a Conditional Use Permit changes ownership or undergoes an interior remodel, it shall be subject to Zoning Conformance review to ensure compliance with the existing CUP. (h) Interim Use Classifications. For application to the Third Street Promenade Area only, the nonresidential use classifications set out in Santa Monica Municipal Code Section 9.51.030 are modified as follows: 1. Small-Scale Facility. The commercial use classification set out in Santa Monica Municipal Code Section 9.51.030(B)(7)(e) is modified to read as follows: This classification includes small, generally indoor facilities that occupy less than 5,000 square feet of building area, such as billiard parlors, card rooms, game arcades, dance halls, small tennis club facilities, poolrooms, and amusement arcades. 2. Food Hall. There is established a new Food Hall commercial use category as follows: Establishments consisting of three or more individually- licensed businesses within an enclosed building where food and beverages may be consumed on the premises, taken out, or delivered, and may also include small 7.A.e Packet Pg. 326 Attachment: Proposed Revised IZO (4480 : Third Street Promenade Interim Zoning Ordinance Refinement (30 mins)) 24 retail venues. Patrons may be served while seated and pay after eating, or orders may be made at a walk-up window, counter, machine, or remotely, and payment made prior to food consumption. Characteristics of food halls include but are not limited to: shared entrance/lobby areas, compartmentalized spaces for individually licensed businesses, shared eating areas, shared restrooms, and shared “back of house” areas (e.g., storage, dishwashing, food preparation). Each compartmentalized space may have access to the exterior of the building, along with outdoor dining and seating areas, which may be shared with other businesses within the establishment. 3. Personal Services, Physical Training. The commercial use classification set out in Santa Monica Municipal Code Section 9.51.030(B)(21)(b) is modified to read as follows: Gyms exercise clubs, or studios offering martial arts, physical exercise, yoga training and similar types of instruction to classes and groups of less than 5,000 square feet. This classification also includes exclusively youth-serving studios of less than 3,000 square feet offering performing arts, dance, martial arts, physical exercise, and similar types of instruction to classes and groups of more than 5 persons. 4. Industry, Limited. The industrial use classification set out in Santa Monica Municipal Code Section 9.51.030(C)(5) is modified to read as follows: Establishments engaged in light industrial activities taking place primarily within enclosed buildings and producing minimal impacts on nearby properties. This classification includes the manufacturing of finished parts or products primarily from previously prepared materials; printing, engraving, and publishing; sign 7.A.e Packet Pg. 327 Attachment: Proposed Revised IZO (4480 : Third Street Promenade Interim Zoning Ordinance Refinement (30 mins)) 25 painting shops; machine and electrical shops; computer and electronic product manufacturing; furniture and related product manufacturing; and industrial services. It also includes the preparation, manufacturing, and/or packaging of food for off-site consumption. Typical food manufacturing uses include canners, roasters, breweries, wholesale bakeries, and frozen food manufacturers. SECTION 3. Any provision of the Santa Monica Municipal Code or any appendix thereto inconsistent with the provisions of this Emergency Interim Zoning Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Emergency Interim Zoning Ordinance. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Emergency Interim Zoning Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Emergency Interim Zoning Ordinance. The City Council hereby declares that it would have passed this Emergency Interim Zoning Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Emergency Interim Zoning Ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Emergency Interim Zoning Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its 7.A.e Packet Pg. 328 Attachment: Proposed Revised IZO (4480 : Third Street Promenade Interim Zoning Ordinance Refinement (30 mins)) 26 adoption. This Emergency Interim Zoning Ordinance shall become effective immediately upon adoption. SECTION 6. This Emergency Interim Zoning Ordinance shall be of no further force or effect after December 31, 2022 unless it is otherwise extended pursuant to Santa Monica Municipal Code Section 9.46.090 or continues to remain in force pursuant to the Revised Fourth Supplement or other valid emergency order. APPROVED AS TO FORM: _________________________ GEORGE S. CARDONA Interim City Attorney 7.A.e Packet Pg. 329 Attachment: Proposed Revised IZO (4480 : Third Street Promenade Interim Zoning Ordinance Refinement (30 mins))