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O27491 City Council Meeting: May 23, 2023 Santa Monica, California ORDINANCE NUMBER 2749 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE TEXT OF THE ZONING ORDINANCE TO CONFIRM THE APPLICABILITY OF CERTAIN ZONING AND HEALTH AND SAFETY REGULATIONS TO WIRELESS FACILITIES SUBJECT TO SANTA MONICA MUNICIPAL CODE CHAPTER 9.32 WHEREAS, Federal law limits or preempts local regulations applicable to certain wireless facilities, including, but not limited to, personal wireless service facilities and “over-the-air reception devices” (“OTARDs”); and WHEREAS, personal wireless service facilities are facilities for the provision of personal wireless services and are generally infrastructure deployed by cellular network providers, and, although commonly associated with satellite television services, OTARDs also include antennas that provide fixed wireless broadband Internet; and WHEREAS, on August 28, 2018, the City Council adopted Ordinance No. 2583 (the “2018 Ordinance”) which amended Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities, to update the City’s regulations applicable to wireless facilities for consistency with State and Federal law; and WHEREAS, consistent with Federal regulations, the 2018 Ordinance limits regulation of personal wireless facilities to the provisions of Chapter 9.32 and further expressly exempts OTARD antennas from the minor use permit requirements in Chapter 9.32; and DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 2 WHEREAS, the intent of the OTARD exemption was to avoid a conflict with Federal regulations that prohibit local discretionary zoning permits for qualifying OTARDs; and WHEREAS, the Zoning Ordinance’s regulations for “communications facilities”, which existed prior to the adoption of Ordinance 2583, could be misconstrued to regulate personal wireless service facilities and OTARDs in violation of Federal law; and WHEREAS, in addition, staff is aware of at least one instance where building permits were not obtained prior to installation of an OTARD, which required code enforcement action to remedy; and WHEREAS, on March 14, 2023, the City Council adopted emergency Interim Zoning Ordinance Number 2739 (CCS), which amended the City’s Zoning Ordinance to immediately confirm the City’s intention to limit zoning regulation of personal wireless service facilities and exempt and OTARDs from zoning regulations in accordance with Federal law while expressly requiring compliance with applicable public health and safety regulations; and WHEREAS, on March 15, 2023, the Planning Commission adopted Resolution Number 23-008 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance to confirm the applicability of certain zoning and health and safety regulations to wireless facilities subject to Santa Monica Municipal Code Chapter 9.32; and WHEREAS, on April 12, 2023, the Planning Commission conducted a duly noticed public hearing, and, after considering oral and written testimony regarding the proposed amendments to the text of the Zoning Ordinance, adopted Resolution Number 23-009 DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 3 (PCS), recommending that the City Council amend the text of the Zoning Ordinance 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 the proposed amendments are declarative of existing law, affirm the existing policies in the Zoning Ordinance, and provide clear guidance on the applicable permitting requirements and procedures for personal wireless service facilities and “over-the-air reception devices” (“OTARDs”) to all stakeholders. The proposed amendments will not change the regulation of personal wireless service facilities and OTARDs. 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 amendments will confirm the City’s intention to limit zoning regulation of personal wireless service facilities and exempt and OTARDs from zoning regulations in accordance with Federal law while expressly requiring compliance with applicable public health and safety regulations. WHEREAS, on May 9, 2023, the City Council conducted a duly noticed public hearing, and, after considering all oral and written testimony, desires to adopt the proposed Zoning Ordinance amendments as set forth below. DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 4 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 May 9, 2023, regarding the amendments to the text of the Zoning Ordinance, the City Council hereby makes the following findings: 1. The amendments to the text of the Zoning Ordinance are consistent with the General Plan and any applicable Specific Plans in that the amendments are declarative of existing law, affirm the existing policies in the Zoning Ordinance, and provide clear guidance on the applicable permitting requirements and procedures for personal wireless service facilities and “over-the-air reception devices” (“OTARDs”) to all stakeholders. The amendments will not change the regulation of personal wireless service facilities and OTARDs. 2. The 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 amendments will confirm the City’s intention to limit zoning regulation of personal wireless service facilities and exempt and OTARDs from zoning regulations in accordance with Federal law while expressly requiring compliance with applicable public health and safety regulations. DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 5 SECTION 2. Santa Monica Municipal Code Section 9.13.020 is hereby amended to read as follows: 9.13.020 Land Use Regulations Table 9.13.020 prescribes the land use regulations for the Employment 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 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. DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 6 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations Residential Uses Residential Housing Types See sub-classifications below. Single Unit Dwelling – – P Accessory Dwelling Unit – – P Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Junior Accessory Dwelling Unit – – P Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Multiple-Unit Structure – – P Senior Citizen Multiple-Unit Residential – – P Single-Room Occupancy Housing – – P Congregate Housing L (1) L (1) P Senior Group Residential CUP CUP P Section 9.31.310, Senior Group Residential Elderly and Long-Term Care – P P Emergency Shelters L (2)/CUP L (2)/CUP L (2)/CUP Section 9.31.130, Emergency Shelters Family Day Care See sub-classifications below. Small P P P Large P P P Section 9.31.140, Family Day Care, Large Residential Facilities See sub-classifications below. Residential Care, Limited P P P Section 9.31.270, Residential Care Facilities Residential Care, Senior P P P Hospice, Limited P P P Supportive Housing P P P Transitional Housing P P P Public and Semi-Public Uses Adult Day Care MUP P P Child Care and Early Education Facilities MUP P P Section 9.31.120, Child Care and Early Education Facilities Colleges and Trade Schools, Public or Private – CUP – Community Assembly CUP CUP CUP Community Gardens P P P Cultural Facility – – CUP Hospitals and Clinics – – P Park and Recreation Facilities, Public P P P Public Safety Facilities MUP MUP P Schools, Public or Private L (3)/CUP L (3)/CUP P Social Service Centers MUP MUP P Section 9.31.350, Social Service Centers Commercial Uses Animal Care, Sales, and Services See sub-classifications below. Kennels CUP – – Pet Day Care Services MUP – – DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 7 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations Veterinary Services P – – Automobile/Vehicle Sales and Service See sub-classifications below. Alternative Fuels and Recharging Facilities L (5)/CUP CUP – Automobile Rental L (4) P – Section 9.31.050, Automobile Rental Automobile Storage Use CUP CUP – Automobile/Vehicle Sales and Leasing CUP CUP – Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage Automobile/Vehicle Repair, Major L (5)/CUP – – Section 9.31.060, Automobile/Vehicle Repair, Major and Minor Automobile/Vehicle Service and Repair, Minor L (5)/CUP – – Section 9.31.060, Automobile/Vehicle Repair, Major and Minor Automobile/Vehicle Washing CUP – – Section 9.31.080, Automobile/Vehicle Washing Large Vehicle and Equipment Sales, Service, and Rental CUP – – Service Station L (5)/CUP CUP – Section 9.31.320, Service Stations Towing and Impound L (5)/CUP – – Banks and Financial Institutions See sub-classifications below. Banks and Credit Unions – L (6) CUP Business Services P L (6) P Commercial Entertainment and Recreation See sub-classifications below. Cinemas – – – Theaters L (7)/CUP – – Convention and Conference Centers – CUP – Small-Scale Facility L (8)/CUP MUP (6) CUP Section 9.31.340, Small-Scale Facility, Game Arcades Eating and Drinking Establishments See sub-classifications below. Restaurants, Full-Service, Limited Service & Take-Out, With Entertainment, With Outdoor Eating Areas (2,500 SF and smaller) P P P Section 9.31.040, Alcoholic Beverage Sales Section 9.31.280, Restaurants, Limited-Service and Take Out Section 9.31.290, Restaurants with Entertainment Section 9.31.200, Outdoor Dining and Seating Restaurants, Full-Service, Limited Service & Take-Out, With Entertainment, With Outdoor Eating Areas (2,501 – 5,000 SF) P P P Section 9.31.040, Alcoholic Beverage Sales Section 9.31.280, Restaurants, Limited-Service and Take Out Section 9.31.290, Restaurants with Entertainment Section 9.31.200, Outdoor Dining and Seating DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 8 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations Restaurants, Full-Service, Limited Service & Take-Out, With Entertainment, With Outdoor Eating Areas (Greater than 5,000 SF) – CUP (6) P Section 9.31.040, Alcoholic Beverage Sales Section 9.31.280, Restaurants, Limited-Service and Take Out Section 9.31.290, Restaurants with Entertainment Section 9.31.200, Outdoor Dining and Seating Food Hall (up to 175 seats) CUP CUP CUP Equipment Rental P – P Food and Beverage Sales See sub-classifications below. Convenience Markets L (6) L (6) P Farmers Markets CUP – – Funeral Parlor and Mortuary – – CUP Live-Work L (14) CUP L (14) Section 9.31.170, Live-Work Offices See sub-classifications below. Business and Professional L (9) P P Creative P P – Medical and Dental – P P Walk-In Clientele L (10) L (6) L (10) Parking, Public or Private CUP CUP CUP Personal Services See sub-classifications below. General Personal Services – L (6) P Personal Services, Physical Training – L (6) CUP Retail Sales See sub-classifications below. Building Materials Sales and Services P – – Section 9.31.220, Outdoor Retail Display and Sales Firearms and Ammunition Sales – – – General Retail Sales, Small-Scale CUP (11) MUP (6) P Section 9.31.220, Outdoor Retail Display and Sales Medical Marijuana Dispensaries – – CUP Section 9.31.185, Medical Marijuana Dispensaries Industrial Uses Artist’s Studio P P P Commercial Kitchens P – – Industry, General P CUP (12) – Research and Development P CUP (12) P Industry, Limited P CUP (12) – Media Production P P – Recycling Facility See sub-classifications below. Recycling Collection Facility P – – Recycling Processing Facility P – – Warehousing, Storage, and Distribution See sub-classifications below. Indoor Warehousing and Storage P – – Outdoor Storage CUP (13) – – Personal Storage P CUP – Section 9.31.240, Personal Storage Wholesaling and Distribution P – – DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 9 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations Transportation, Communication, and Utilities Uses Bus/Rail Passenger Stations P P P City Bikeshare Facility P P P Communication Facilities See sub-classifications below. Antennas and Transmission Towers CUP – CUP Facilities within Buildings CUP P CUP Light Fleet-Based Services CUP – – Utilities See sub-classifications below. Utilities, Major P P – Utilities, Minor P P P Specific Limitations: (1) Limited to 100% affordable housing projects. For senior citizen multiple-unit residential projects in the Office Campus District that are not 100% affordable approval of a Conditional Use Permit is required. (2) Homeless shelters with less than 55 beds are permitted by right. Homeless shelters with 55 beds or more may be permitted with application for and approval of a Conditional Use Permit. (3) Permitted if existing. New uses require approval of a Conditional Use Permit. (4) Limited to accessory automobile rental facilities located within automobile/vehicle repair use. (5) Permitted if located 100 ft. or more from any residential use or district. Conditional Use Permit required if located within 100 ft. of a residential use or district. (6) Conditionally permitted as businesses that provide goods and services to employees on the premises. No more than 25% of the total square footage of a development may be devoted to such businesses. (7) Limited to theaters with 99 seats or less and 10,000 sq. ft. or less. Larger theaters require a Conditional Use Permit. (8) Exercise facilities (e.g., yoga, Pilates, martial arts, and dance studios) permitted by right. Other small-scale commercial recreation uses require a Conditional Use Permit. (9) Permitted if existing or accessory to a primary permitted use on the same site and not exceeding 25 percent of the gross floor area of the primary permitted use. (10) Permitted if existing. New uses are not permitted. (11) Limited to retail sales of goods manufactured on the premises provided that the floor space devoted to such use does not exceed 20% of the gross floor area of the primary permitted use or 2,000 sq. ft., whichever is less. (12) Such uses must be conducted within an enclosed building or an open enclosure screened from public view. In order to approve a Conditional Use Permit, the review authority must make a finding that proposed uses are compatible with office and advanced technological uses. (13) Limited to outdoor storage of fleet vehicles if such vehicles are directly related to the primary operation on the site. (14) If the commercial use requires a MUP or CUP, an application shall be required in accordance with 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. SECTION 3. Santa Monica Municipal Code Section 9.32.030 is hereby amended to read as follows: A. Applicable Facilities. This Chapter applies to all personal wireless service facilities within the City and all applications and requests for approval to construct, install, modify, DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 10 collocate, relocate or otherwise deploy personal wireless service facilities in the City, unless exempted pursuant to subsection B of this Section. B. Exempt Facilities. Notwithstanding subsection A of this Section, the provisions in this Chapter shall not be applicable to the facilities listed in this subsection B. The exemption from provisions in this Chapter shall not exempt the same facilities from the provisions and building permit requirements in Article 8 (Building Regulations). 1. Facilities installed in the public right-of-way governed by Chapter 7.70 (Public Right-of-Way Wireless Communication Facilities) of this Code; 2. Amateur radio facilities; 3. OTARD antennas; 4. Personal wireless service facilities installed completely indoors and not visible to the public intended to extend signals for personal wireless services in a personal residence or a business (such as a femtocell or indoor distributed antenna system); and 5. Personal wireless service facilities or equipment owned and operated by CPUC-regulated electric companies for use in connection with electrical power generation, transmission and distribution facilities subject to CPUC General Order 131- D. C. Requests for Approval Pursuant to Section 6409(a). Any request to collocate, replace or remove transmission equipment at an existing tower or base station submitted with a written request for approval under Section 6409(a) shall be processed administratively pursuant to the standards and procedures established by the Director, in accordance with Federal law. DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 11 SECTION 4. Santa Monica Municipal Code Section 9.51.030 is hereby amended read as follows: 9.51.030 Nonresidential Use Classifications A. Public and Semi-Public Use Classifications. 1. Adult Day Care. Establishments providing non-medical care for persons 18 years of age or older on a less than 24-hour basis licensed by the State of California. 2. Cemetery. Establishments primarily engaged in operating sites or structures reserved for the interment of human or animal remains, including mausoleums, burial places, and memorial gardens. 3. Child Care and Early Education Facility. Establishments providing non- medical care for persons less than 18 years of age on a less than 24-hour basis other than family day care (small and large). This classification includes commercial and nonprofit nursery schools, preschools, day care facilities for children, and any other day care facility licensed by the State of California. See Division 3, Section 9.31.120, Child Care and Early Education Facilities, for further details. 4. College and Trade School. Institutions of higher education providing curricula of a general, religious or professional nature, typically granting recognized degrees, including conference centers and academic retreats associated with such institutions. This classification includes junior colleges, business and computer schools, management training, technical and trade schools, but excludes personal instructional services such as music lessons. 5. Community Assembly. A facility for public or private meetings including community centers, banquet centers, religious assembly facilities, civic auditoriums, DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 12 union halls, meeting halls for clubs and other membership organizations. This classification includes functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, and storage. It does not include gymnasiums or other sports facilities, convention centers, or facilities, such as day care centers and schools that are separately classified and regulated. See Division 3, Section 9.31.100, Community Assembly, for further details. 6. Community Garden. An area of land managed and maintained by a public or non-profit organization or a group of individuals to grow and harvest food crops and/or ornamental crops, such as flowers, for personal or group use, consumption, or donation. Community gardens may be divided into separate plots for cultivation by 1 or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members. Community gardens may be accessory to public or institutional uses such as parks, schools, community centers, or religious assembly uses. This classification does not include gardens that are on a property in residential use when access is limited to those who reside on the property. Community gardens do not include medical marijuana collectives. 7. Cultural Facility. Facilities engaged in activities to serve and promote aesthetic and educational interest in the community that are open to the public on a regular basis. This classification includes performing arts centers for theater, music, dance, and events; spaces for display or preservation of objects of interest in the arts or sciences; libraries; museums; historical sites; aquariums; art galleries; and zoos and botanical gardens. It does not include schools or institutions of higher education providing curricula of a general nature. DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 13 8. Hospitals and Clinics. State-licensed public, private, and non-profit facilities providing medical, surgical, mental health, or emergency medical services. This classification includes facilities for inpatient or outpatient treatment, including substance- abuse programs, as well as training, research, and administrative services for patients and employees. This classification excludes veterinary services and animal hospitals (see Animal Care, Sales, and Services). a. Hospital. A facility providing medical, surgical, mental health, or services primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors. b. Clinic. A facility providing medical, mental health, or surgical services exclusively on an out-patient basis, including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment. This classification includes licensed facilities offering substance abuse treatment, blood banks, plasma, dialysis centers, and emergency medical services offered exclusively on an out-patient basis. This classification does not include private medical and dental offices that typically require appointments and are usually smaller scale (see Offices, Medical and Dental). 9. Park and Recreation Facility. Parks, playgrounds, recreation facilities, trails, wildlife preserves, and related open spaces, which are open to the general public. This classification also includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, golf courses, and botanical gardens, as well as related food DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 14 concessions or community centers within the facilities and restrooms within a primary structure or in an accessory structure on the same site. 10. Public Safety Facility. Facilities providing public-safety and emergency services, including police and fire protection and emergency medical services, with incidental storage, training and maintenance facilities. 11. School. Facilities for primary or secondary education, including public schools, charter schools, and private and parochial schools. 12. Social Service Center. Facilities providing a variety of supportive services for disabled and homeless individuals and other targeted groups on a less than 24-hour basis. Examples of services provided are counseling, meal programs, personal storage lockers, showers, instructional programs, television rooms, and meeting spaces. This classification is distinguished from licensed day care centers (see Adult Day Care and Child Care and Early Education Facility), clinics (see Clinic), and emergency shelters providing 24-hour or overnight care (see Emergency Shelter). B. Commercial Use Classifications. 1. Adult-Oriented Business. See Sexually-Oriented Businesses. 2. Animal Care, Sales and Services. Retail sales and services related to the boarding, grooming, and care of household pets, including: a. Grooming and Pet Store. Retail sales of animals and/or services, including grooming, for animals on a commercial basis. Typical uses include dog bathing and clipping salons, pet grooming shops, and pet stores and shops. This classification excludes dog walking and similar pet care services not carried out at DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 15 a fixed location, and excludes pet supply stores that do not sell animals or provide on-site animal services (see General Retail Sales). b. Kennel. A commercial, non-profit, or governmental facility for keeping, boarding, training, breeding or maintaining 4 or more dogs, cats, or other household pets not owned by the kennel owner or operator on a 24-hour basis. This classification includes animal shelters and animal hospitals that provide boarding-only services for animals not receiving services on the site but excludes the provision by shops and hospitals of 24-hour accommodation of animals receiving medical services on site. This classification also includes kennels that, in addition to 24-hour accommodation, provide pet care for periods of less than 24 hours but it does not include facilities that provide pet day care exclusively or predominantly. c. Pet Day Care Service. A commercial, non-profit, or governmental facility for keeping 4 or more dogs, cats, or other household pets not owned by the kennel owner or operator primarily for periods of less than 24 hours. d. Veterinary Service. Veterinary services for domesticated animals. This classification allows 24-hour accommodation of animals receiving medical services but does not include kennels. 3. Automobile/Vehicle Sales and Services. Retail or wholesale businesses that sell, rent, and/or repair automobiles, boats, recreational vehicles, trucks, vans, trailers, and motorcycles, including the following: a. Alternative Fuels and Recharging Facility. A facility offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g., LPG) DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 16 as well as equipment to recharge electric-powered vehicles. This classification does not include facilities within public garages or other stations that are accessory to a permitted use. b. Automobile Rental. Rental of automobiles. Typical uses include car rental agencies. See Division 3, Section 9.31.050, Automobile Rental, for further details. c. Automobile Storage Parcel. Any property used for short- or long-term parking of vehicles for sale or lease at an automobile dealership or rental agency on a separate parcel from such agency or dealership. d. Automobile/Vehicle Sales and Leasing. Sale or lease, retail or wholesale, of new or used automobiles, light trucks, motorcycles, motor homes, and trailers, together with associated repair services and parts sales for vehicles sold or leased by the manufacturer associated with the dealership. (For auto repair, see Automobile/Vehicle Service and Repair, Major and Minor.) This classification includes on-site facilities for maintaining an inventory of vehicles for sale or lease but excludes buildings and property on a separate site that are used for storing vehicles (see Automobile Storage Parcel). Typical uses include automobile dealers and recreational vehicle sales agencies. This classification also includes minor on-site preparation, washing, buffing, waxing, and detailing of vehicles for sale or vehicles repaired at the facility. Any outdoor preparation, washing, buffing, waxing, and detailing of vehicles shall comply with the standards of Section 9.31.080(C), (D), (M), (N), (P), and (Q). This classification does not include automobile brokerage and other establishments that solely provide services of DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 17 arranging, negotiating, assisting, or effectuating the purchase of automobiles for others. See Division 3, Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage, for further details. e. Automobile/Vehicle Repair, Major. Repair of automobiles, trucks, motorcycles, motor homes, boats and recreational vehicles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, auto glass services, vehicle painting, tire sales and installation, and installation of car alarms, sound, telecommunications, and navigation systems, but excludes vehicle dismantling or salvaging and tire retreading or recapping. See Division 3, Section 9.31.060, Automobile/Vehicle Repair, Major and Minor, for further details. f. Automobile/Vehicle Service and Repair, Minor. The service and repair of automobiles, light-duty trucks, boats, and motorcycles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as an accessory use to a gasoline sales station or automotive accessories and supply store, as well as smog check quick-service oil, tune-up and brake and muffler shops where repairs are made or service provided in enclosed bays and no vehicles are stored overnight. This classification excludes disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles; automotive body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors or hazardous materials, and DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 18 towing services. It also excludes repair of heavy trucks, limousines or construction vehicles. See Division 3, Section 9.31.060, Automobile/Vehicle Repair, Major and Minor, for further details. g. Automobile/Vehicle Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles, that are the principal use of a building, structure, or site, including self-serve washing facilities. See Division 3, Section 9.31.080, Automobile/Vehicle Washing, for further details. h. Large Vehicle and Equipment Sales, Service, and Rental. Sales, servicing, rental, fueling, and washing of large trucks, trailers, tractors, and other equipment used for construction, moving, agricultural, or landscape gardening activities. Includes large vehicle operation training facilities. i. Service Station. Establishments primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing minor automobile/vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or providing accessory food and retail services. See Division 3, Section 9.31.320, Service Stations, for further details. j. Towing and Impound. Establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as vehicle storage and emergency road repair services (for automobile dismantling, see Salvage and Wrecking). This classification includes parcels used for storage of impounded vehicles. DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 19 4. Banks and Financial Institutions. a. Bank and Credit Union. Financial institutions providing retail banking services. This classification includes only those institutions engaged in the on-site circulation of money, including credit unions, but excluding check-cashing businesses. For administration, headquarters, or other offices of banks and credit unions without retail banking services/on-site circulation of money (see Offices, Business and Professional). b. Check Cashing Business. Establishments that, for compensation, engage in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification also includes the business of deferred deposits, whereby the check casher refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code 1789.33. Check Cashing Businesses do not include State or Federally chartered banks, savings associations, credit unions, or industrial loan companies. They also do not include retail sellers engaged primarily in the business of selling consumer goods, such as consumables to retail buyers that cash checks or issue money orders incidental to their main purpose or business. 5. Bar. See Eating and Drinking Establishments. 6. Business Service. Establishments providing goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, mailbox services, equipment rental and leasing, office security, custodial services, film DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 20 processing, model building, and delivery services with 2 or fewer fleet vehicles on-site. (For 3 or more fleet vehicles, see Light Fleet-Based Services.) 7. Commercial Entertainment and Recreation. Provision of participant or spectator entertainment. This classification may include restaurants, snack bars, and other incidental food and beverage services to patrons. a. Cinema. Facilities for indoor display of films and motion pictures. b. Theater. Facilities designed and used for entertainment, including plays, comedy, and music, which typically contain a stage upon which movable scenery and theatrical appliances or musical instruments and equipment are used. c. Convention and Conference Centers. Facilities designed and used for conventions, conferences, seminars, trade shows, product displays, and other events in which groups gather to promote and share common interests. Convention centers typically have at least one auditorium and may also contain concert halls, lecture halls, meeting rooms, and conference rooms, as well as accessory uses such as facilities for food preparation and serving and administrative offices. For conference facilities accessory to hotels, see Hotel and Motel. d. Large-Scale Facility. This classification includes large outdoor facilities such as amusement and theme parks, sports stadiums and arenas, racetracks, amphitheaters, drive-in theaters, driving ranges, and golf courses. It also includes indoor facilities with 5,000 square feet or more in building area such as fitness centers, gymnasiums, handball, racquetball, or large tennis club DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 21 facilities; ice or roller skating rinks; swimming or wave pools; miniature golf courses; bowling alleys; archery or indoor shooting ranges; and riding stables. e. Small-Scale Facility. 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. f. Fortunetelling. An establishment where a person or persons provide fortunetelling services and demand or receive, directly or indirectly, a fee or reward, or accept any donation for the exercise or exhibition of fortunetelling services, or give an exhibition of fortunetelling services at any place where a fee, donation or reward is charged or received, directly or indirectly as a condition of entry. Fortunetelling services shall include, but not be limited to, the telling of fortunes, forecasting of futures, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, psychic reading, occult reading, clairvoyance, clairaudience, cartomancy, psychometry, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, tarot card readings, tea leaves, telepathy or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic of any kind or nature. 8. Eating and Drinking Establishments. Businesses primarily engaged in selling and serving prepared food and/or beverages for consumption on or off the premises. DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 22 a. Bar/Night Club/Lounge. Businesses that are licensed by the State to serve alcoholic beverages, including beer, wine and mixed drinks for consumption on the premises from a liquor service facility that is physically separate from the dining area and may be operated during hours when food is not served. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details. b. Restaurant, Full-Service. Restaurants providing food and beverage services to patrons who order and are served while seated and pay after eating. Takeout service may also be provided. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, where applicable, for further details. c. Restaurant, Limited-Service and Take-Out. Establishments where food and beverages may be consumed on the premises, taken out, or delivered. This classification includes cafes, cafeterias, coffee shops, delicatessens, fast- food restaurants, sandwich shops, limited-service pizza parlors, self-service restaurants, ice cream and frozen yogurt shops, and snack bars with indoor or outdoor seating for customers. This classification includes bakeries that have tables for on-site consumption of products. It excludes catering services that do not sell food or beverages for on-site consumption (see Commercial Kitchen). See Division 3, Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.280, Restaurants, Limited Service and Take Out Only, where applicable, for further details. d. Food Hall. 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 DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 23 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. e. With Drive-Through Facility. Establishments providing food and beverage services to patrons remaining in automobiles. Includes drive-up service. f. With Outdoor Dining and Seating Area. Provision of outdoor dining facilities on the same property or in the adjacent public right-of-way. See Division 3, Section 9.31.200, Outdoor Dining and Seating, for further details. 9. Equipment Rental. Establishments whose primary activity is the rental of equipment, such as medical and party equipment, to individuals and business, and whose activities may include storage and delivery of items to customers. 10. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include food markets, groceries, and liquor stores. a. Convenience Market. Retail establishments that sell a limited line of groceries, prepackaged food items, tobacco, magazines, and other household goods, primarily for off-premises consumption. These establishments typically DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 24 have long or late hours of operation and occupy a relatively small building. This classification includes small retail stores located on the same parcel as or operated in conjunction with a Service Station but does not include delicatessens or specialty food shops. It excludes establishments that offer a sizeable assortment of fresh fruits and vegetables or fresh-cut meat (see General Market). See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details. b. Farmers Market. A location where the primary activity is the sale of agricultural products by producers and certified producers. Sales of ancillary products may occur at the location. An open air farmers market may only be operated by a local government agency. c. General Market. Retail food markets of food and grocery items primarily for offsite preparation and consumption. Typical uses include supermarkets and specialty food stores such as retail bakeries; candy, nuts and confectionary stores; meat or produce markets; vitamin and health food stores; cheese stores; and delicatessens. This classification may include small-scale specialty food production with retail sales such as pasta shops. See Division 3, Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.150, General Markets in Residential Districts, where applicable, for further details. d. Liquor Store. Establishments primarily engaged in selling packaged alcoholic beverages for off-site consumption. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details. 11. Funeral Parlor and Mortuary. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human remains and DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 25 conducting memorial services. Typical uses include a crematory, columbarium, mausoleum, or mortuary. 12. Home Occupation. A use that is incidental and secondary to the primary residential use of a dwelling and compatible with surrounding residential uses. These uses include business, professional, and creative offices, food production, limited personal services, and urban agriculture. See Division 3, Section 9.31.160, Home Occupations for further details. 13. Instructional Services. Establishments that offer specialized programs in personal growth and development, typically in a classroom setting. Typical uses include classes or instruction in music, health, athletics, art, or academics. Instructional Services may include rehearsal studios as an accessory use. This use type excludes Colleges and Trade Schools and facilities that offer instructional services (see General Personal Services). This use type also excludes gyms, exercise clubs, or studios offering performing arts, martial arts, physical exercise, or yoga training and similar types of instruction. See Personal Services-Physical Training. 14. Live-Work. A unit that combines a work space and incidental residential space occupied and used by a single household in a structure that has been constructed for such use or converted from commercial or industrial use and structurally modified to accommodate residential occupancy and work activity in compliance with the Building Code. The working space is reserved for and regularly used by 1 or more occupants of the unit. See Division 3, Section 9.31.170, Live-Work Units, for further details. DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 26 15. Lodging. An establishment providing overnight accommodations to transient patrons who maintain a permanent place of residence elsewhere for payment for periods of 30 consecutive calendar days or less. a. Bed and Breakfast. A residential structure that is in residential use in which the property owner or manager lives on site and within which up to 4 bedrooms are rented for overnight lodging and where meals may be provided. See Division 3, Section 9.31.090, Bed and Breakfasts, for further details. b. Hotel and Motel. An establishment providing temporary lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. This use classification includes motor lodges, motels, apartment hotels, hostels and tourist courts, but does not include rooming houses, boarding houses, or private residential clubs, single-room occupancy housing, or bed and breakfast establishments within a single-unit residence. c. Vacation Rental. A property with a dwelling unit or guest house intended for permanent occupancy that is available for rent or hire for any person other than the primary owner for transient use for 30 days or less or is otherwise occupied or utilized on a transient basis for 30 days or less. Vacation rental does not include a Bed and Breakfast as defined above. 16. Maintenance and Repair Service. Establishments engaged in the maintenance or repair of office machines, household appliances, furniture, and similar items. This classification excludes maintenance and repair of motor vehicles or boats (see Automotive/Vehicle Sales and Services) and personal apparel (see Personal Services). DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 27 17. Mobile Food Truck Off-Street Venue. A location where the commercial vending of food occurs from parked vehicles. 18. Nursery and Garden Center. Establishments primarily engaged in retailing nursery and garden products—such as trees, shrubs, plants, seeds, bulbs, and sod—that are predominantly grown elsewhere. These establishments may sell a limited amount of a product they grow themselves. Fertilizer and soil products are stored and sold in packaged form only. 19. Offices. Offices of firms, organizations (for-profit and non-profit), and public agencies providing professional, executive, management, administrative or design services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, investment, insurance, and legal offices, excluding banks and savings and loan associations with retail banking services (see Banks and Financial Institutions). This classification also includes offices where medical and dental services are provided by physicians, dentists, chiropractors, acupuncturists, optometrists, and similar medical professionals, including medical/dental laboratories within medical office buildings but excluding clinics or independent research laboratory facilities (see Research and Development) and hospitals (see Hospital and Clinic). a. Business and Professional. Offices of firms, organizations, or agencies providing professional, executive, management, administrative, financial, accounting, or legal services, but excluding those that primarily provide direct services to patrons that visit the office (see Offices, Walk-In Clientele). b. Creative. Offices, production spaces, and work spaces of establishments that are in the business of the development, publishing, production, DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 28 or distribution of creative property, including, but not limited to, advertising, architectural services, broadcasting, communications, computer software design, media content, entertainment, engineering, fashion design, film distribution, graphic design, interior design, internet content, landscape design, photography, and similar uses. c. Medical and Dental. Offices providing consultation, diagnosis, therapeutic, preventive, or corrective personal treatment services by doctors and dentists; medical and dental laboratories that see patients; and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. Incidental medical and/or dental research within the office is considered part of the office use if it supports the on-site patient services. d. Walk-In Clientele. Offices predominantly providing direct services to patrons or clients and do not require appointments. This use classification includes employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, and offices for elected officials. It does not include banks or check-cashing facilities, which are separately classified and regulated (see Banks and Financial Institutions). 20. Parking, Public or Private. Structures and surface lots offering parking for a fee when such use is not incidental to another on-site activity. 21. Personal Service. a. General Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber shops and beauty salons, seamstresses, tailors, dry cleaning agents (excluding large-scale bulk cleaning DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 29 plants), shoe repair shops, self-service laundries, video rental stores, photocopying and photo finishing services, and travel agencies mainly intended for the consumer. This classification also includes massage establishments that are in full compliance with the applicable provisions of Chapter 6.104, Massage Regulations, of the Santa Monica Municipal Code, and in which all persons engaged in the practice of massage are certified pursuant to the California Business and Professions Code Section 4612. This classification does not include gyms, exercise clubs, or studios offering performing arts, martial arts, physical exercise, or yoga training and similar types of instruction. See Division 3, Section 9.31.230, Personal Service, for further details. b. Personal Services, Physical Training. Gyms, exercise clubs, or studios less than 5,000 square feet offering martial arts, physical exercise, yoga training and similar types of instruction to classes and groups. 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. c. Tattoo or Body Modification Parlor. An establishment whose principal business activity is one or more of the following: (i) using ink or other substances that result in the permanent coloration of the skin through the use of needles or other instruments designed to contact or puncture the skin; or (ii) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. See Division 3, Section 9.31.230, Personal Service, for further details. DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 30 22. Retail Sales. a. Building Materials and Services. Retail sales or rental of building supplies or equipment. This classification includes lumberyards, tool and equipment sales or rental establishments, and includes establishments devoted principally to taxable retail sales to individuals for their own use. This definition does not include Construction and Material Yards, hardware stores less than 10,000 square feet or establishments engaged in the business of selling, leasing, or otherwise transferring any firearm or ammunitions. b. General Retail Sales, Small-Scale. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes retail establishments with 25,000 square feet or less of sales area; including department stores, clothing stores, furniture stores, pet supply stores, small hardware and garden supply/nurseries stores (with 10,000 square feet or less of floor area), and businesses retailing goods including, but not limited to, the following: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, video rental, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar small- DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 31 item repairs. See Division 3, Sections 9.31.210, Outdoor Newsstands, and 9.31.220, Outdoor Retail Display and Sales, where applicable, for further details. c. General Retail Sales, Medium-Scale. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes retail establishments with more than 25,000 square feet but not more than 80,000 square feet of sales area. d. General Retail Sales, Large-Scale. Retail establishments with over 80,000 square feet of sales area that sell merchandise and bulk goods for individual consumption, including membership warehouse clubs, where sales of grocery items do not occupy more than 25 percent of the floor area. e. Medical Marijuana Dispensary. Any facility, building, structure, or fixed location where 1 or more qualified patients and/or persons with identification cards and/or primary caregivers cultivate, distribute, sell, dispense, transmit, process, exchange, give away, or otherwise make available marijuana for medical purposes. The terms “primary caregiver,” “qualified patient,” and “person with an identification card” shall be as defined in California Health and Safety Code Section 11362.5 et seq. i. A medical marijuana dispensary shall not include the following uses, as long as the location of such uses are otherwise regulated by applicable law and as long as any such use complies strictly with applicable law, including, but not limited to, California Health and Safety Code Section 11362.5 et seq.: DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 32 (1) A clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code. (2) A health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code. (3) A residential care facility for persons with chronic life- threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code. (4) A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code. (5) A residential hospice, or a home health agency licensed pursuant to Chapter 8 of the California Health and Safety Code. ii. A medical marijuana dispensary shall also not include any dwelling unit where qualified patients or persons with an identification card permanently reside and collectively or cooperatively cultivate marijuana on- site for their own personal medical use and does not include the provision, cultivation, or distribution of medical marijuana at this dwelling unit by primary caregivers for the personal medical use of the qualified patients or persons with an identification card who have designated the individual(s) as a primary caregiver, in accordance with California Health and Safety Code Sections 11362.5 and 11362.7 et seq. DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 33 f. Pawn Shop. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property. g. Swap Meet. Any indoor or outdoor place, in an approved location, or for an approved activity where new or used goods or secondhand personal property is offered for sale or exchange to the general public by a multitude of individual licensed vendors, usually in compartmentalized spaces. The term swap meet is interchangeable with and applicable to: flea markets, auctions, open air markets, outdoor sales activities, or other similarly named or labeled activities; but does not include supermarket or department store retail operations. See Division 3, Sections 9.31.360, Swap Meets, and 9.31.220, Outdoor Retail Display and Sales, for further details. 23. Restaurants. See Eating and Drinking Establishments. 24. Sexually-Oriented Business. See Chapter 9.59, Sexually-Oriented Businesses, for details C. Industrial Use Classifications. 1. Artist’s Studio. Work space for an artist or artisan, including individuals practicing 1 of the fine arts or performing arts, or an applied art or craft. This use may include incidental display and retail sales of items produced on the premises and instructional space for small groups of students. It does not include joint living and working units (see Live-Work). a. Studio-Light. Small-scale art production that is generally of a low impact. Typical uses include painting, photography, jewelry, glass, textile, and pottery studios. DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 34 b. Studio-Heavy. Art production on a medium or large scale generally using heavy equipment. Typical uses include large-scale metal and woodworking studios. 2. Commercial Kitchen. Kitchens used for the preparation of food to be delivered and consumed off-site. Typical uses include catering facilities. This classification does not include businesses involved in the processing or manufacturing of wholesale food products (see Industry, Limited). 3. Construction and Material Yard. Storage of construction materials or equipment on a site other than a construction site. 4. Industry, General. Manufacturing of products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. This classification includes operations such as agriculture processing; biomass energy conversion; production apparel manufacturing; photographic processing plants; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; primary metal manufacturing; fabricated metal product manufacturing; and automotive and heavy equipment manufacturing. 5. Industry, Limited. 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; commercial laundries and dry cleaning plants; monument works; printing, engraving, and publishing; sign painting shops; DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 35 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, medicinal cannabis, and medicinal cannabis products for off-site use or consumption using nonvolatile solvents, or no solvents. Typical food manufacturing uses include canners, roasters, breweries, wholesale bakeries, and frozen food manufacturers. 6. Media Production. Establishments engaged in the production of movies, video, music and similar forms of intellectual property. Typical facilities include movie and recording studios and production facilities, distribution facilities, editing facilities, catering facilities, printing facilities, post-production facilities, set construction facilities, sound studios, special effects facilities and other entertainment-related production operations. This classification does not include facilities for live audiences (see Commercial Entertainment and Recreation) or transmission and receiving equipment for radio or television broadcasting (see Communication Facility). a. Support Facility. Administrative and technical production support facilities such as offices, editing and sound recording studios, film laboratories, and similar functions that occur entirely within a building. b. Full-Service Facility. Indoor and outdoor production facilities, distribution facilities, post-production facilities, set construction facilities, sound stages, special effects facilities, and other media-related production operations. 7. Recycling Facility. A facility for receiving, temporarily storing, transferring and/or processing materials for recycling, reuse, or final disposal. This use classification does not include waste transfer facilities that operate as materials recovery, recycling, DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 36 and solid waste transfer operations and are classified as utilities (see Utilities, Major). See Division 3, Section 9.31.260, Recycling Facilities, for further details. a. Recycling Collection Facility. An incidental use that serves as a neighborhood drop-off point for the temporary storage of recyclable materials but where the processing and sorting of such items is not conducted on-site. b. Recycling Processing Facility. A facility that receives, sorts, stores and/or processes recyclable materials. 8. Research and Development. A facility for scientific research and the design, development, and testing of electrical, electronic, magnetic, optical, pharmaceutical, chemical, and biotechnology components and products in advance of product manufacturing. This classification includes assembly of related products from parts produced off-site where the manufacturing activity is secondary to the research and development activities. 9. Salvage and Wrecking. Storage and dismantling of vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of goods, including, but not limited to any used building materials, used containers or steel drums, used tires, and similar or related articles or property. 10. Warehousing, Storage, and Distribution. Storage and distribution facilities without sales to the public on-site or direct public access except for public storage in small individual space exclusively and directly accessible to a specific tenant. a. Chemical, Mineral, and Explosives Storage. Storage and handling of hazardous materials including, but not limited to: bottled gas, chemicals, minerals and ores, petroleum or petroleum-based fuels, fireworks, and explosives. DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 37 b. Indoor Warehousing and Storage. Storage within an enclosed building of commercial goods prior to their distribution to wholesale and retail outlets and the storage of industrial equipment, products and materials. This classification also includes cold storage, draying or freight, moving and storage, and warehouses. It excludes the storage of hazardous chemical, mineral, and explosive materials. c. Outdoor Storage. Storage of vehicles or commercial goods or materials in open parcels. d. Personal Storage. Facilities offering enclosed storage with individual access for personal effects and household goods, including mini-warehouses and mini-storage. This use excludes workshops, hobby shops, manufacturing, or commercial activity. e. Wholesaling and Distribution. Indoor storage and sale of goods to other firms for resale; storage of goods for transfer to retail outlets of the same firm; or storage and sale of materials and supplies used in production or operation, including janitorial and restaurant supplies. Wholesalers are primarily engaged in business-to-business sales, but may sell to individual consumers through mail or internet orders. They normally operate from a warehouse or office having little or no display of merchandise, and are not designed to solicit walk-in traffic. This classification does not include wholesale sale of building materials (see Building Materials and Services). DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 38 D. Transportation, Communication, and Utilities Use Classifications. 1. Airports and Heliports. Facilities for the takeoff and landing of airplanes and helicopters, including runways, helipads, aircraft storage buildings, public terminal buildings and parking, air freight terminals, baggage handling facilities, aircraft hangar and public transportation and related facilities, including bus operations, servicing and storage. This classification also includes support activities such as fueling and maintenance, storage, airport operations and air traffic control, incidental retail sales, coffee shops and snack shops, and airport administrative facilities, including airport offices, terminals, operations buildings, communications equipment, buildings and structures, control towers, lights, and other equipment and structures required by the United States Government and/or the State for the safety of aircraft operations. 2. Bus/Rail Passenger Station. Facilities for passenger transportation operations. This classification includes rail and bus stations and terminals but does not include terminals serving airports or heliports. Typical uses include ticket purchasing and waiting areas out of the public right-of-way, restrooms, and accessory uses such as cafés. 3. City Bikeshare Facility. Land and equipment used for the operation or maintenance of a network of publicly-owned and publicly-available bicycles in a bikeshare system in the City of Santa Monica. These facilities may include stations, hubs, parking facilities, payment/customer service kiosks, map stands, and helmet vending. 4. Communication Facilities. Facilities for the provision of broadcasting and other information relay services through the use of electronic and telephonic mechanisms. a. Antenna and Transmission Tower. Broadcasting and other communication services accomplished through electronic or telephonic DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 39 mechanisms, as well as structures designed to support 1 or more reception or transmission systems. Typical uses include radio towers and television towers. Notwithstanding the foregoing, facilities described in Chapter 9.32, including without limitation personal wireless service facilities and over-the-air reception devices (“OTARDs”) shall not be considered Antenna and Transmission Towers for purposes of this use classification and shall only be subject to the applicable provisions and permit requirements in Chapter 9.32, Personal Wireless Service Facilities. b. Equipment within Buildings. Indoor facilities containing primarily communication equipment and storage devices such as computer servers. 5. Freight/Truck Terminal and Warehouse. Facilities for freight, courier, and postal services by truck or rail. This classification does not include local messenger and local delivery services (see Light Fleet-Based Service). 6. Light Fleet-Based Service. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of 3 or more vehicles with rated capacities less than 10,000 lbs. This classification includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, non- emergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses. This classification does not include towing operations (see Automobile/Vehicle Sales and Service, Towing and Impound) or taxi or delivery services with 2 or fewer fleet vehicles on-site (see Business Services). 7. Utilities, Major. Generating plants, electric substations, and solid waste collection, including transfer stations and materials recovery facilities, solid waste DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 40 treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities. 8. Utilities, Minor. Facilities necessary to support established uses involving only minor structures, such as electrical distribution lines, and underground water and sewer lines. 9. Waste Transfer Facility. A facility that operates as a materials recovery, recycling and solid waste transfer operation providing solid waste recycling and transfer services for other local jurisdictions and public agencies that are not located within the City. The facility sorts and removes recyclable materials (including paper, metal, wood, inert materials such as soils and concrete, green waste, glass, aluminum and cardboard) through separation and sorting technologies to divert these materials from the waste stream otherwise destined for landfill. SECTION 5. Any provision of the Santa Monica Municipal Code or any appendix 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 6. 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. DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 41 SECTION 7. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: _________________________ DOUGLAS SLOAN City Attorney DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 Approved and adopted this 23rd day of May, 2023. _____________________________ Gleam Davis, Mayor State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2749 (CCS) had its introduction on May 9, 2023 and was adopted at the Santa Monica City Council meeting held on May 23, 2023, by the following vote: AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre NOES: None ABSENT: Mayor Pro Tem Negrete, Mayor Davis ATTEST: _____________________________________ _________________ Denise Anderson-Warren, City Clerk Date A summary of Ordinance No. 2749 (CCS) was duly published pursuant to California Government Code Section 40806. DocuSign Envelope ID: D3481121-DB7B-42D7-BBF2-73C0F2601199 5/24/2023