SR 10-25-2022 10C
City Council
Report
City Council Meeting: October 25, 2022
Agenda Item: 10.C
1 of 2
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration
Subject: Second Reading and Adoption of an Ordinance to Amend the Text of the
City's Ordinance Related to Economic Recovery in (1) the City's Downtown,
Mixed Use and Commercial, Employment, Oceanfront, and Public and Semi-
Public Districts, Excluding the Area Including and Immediately Adjacent to the
Third Street Promenade; and (2) the Area Including and Immediately
Adjacent to the Third Street Promenade
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Executive Summary
At its meeting on October 11, 2022, the City Council introduced for first reading an
Ordinance amending the text of the City's Ordinance related to economic recovery in (1)
the City's Downtown, Mixed Use and Commercial, Employment, Oceanfront, and Public
and Semi-Public Districts, excluding the area including and immediately adjacent to the
Third Street Promenade; and (2) the area including and immediately adjacent to the
Third Street Promenade. The ordinance is now presented to the City Council for
adoption.
10.C
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Prepared By: Bradley Michaud, Legal Operations Coordinator
Approved
Forwarded to Council
Attachments:
A. CDD-Ord-Economic Recovery 2d
10.C
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City Council Meeting: October 25, 2022 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA TO AMEND THE TEXT OF THE CITY’S ZONING ORDINANCE
RELATED TO ECONOMIC RECOVERY IN (1) THE CITY’S DOWNTOWN, MIXED
USE AND COMMERCIAL, EMPLOYMENT, OCEANFRONT, AND PUBLIC AND SEMI-
PUBLIC DISTRICTS, EXCLUDING THE AREA INCLUDING AND IMMEDIATELY
ADJACENT TO THE THIRD STREET PROMENADE; AND (2) THE AREA INCLUDING
AND IMMEDIATELY ADJACENT TO THE THIRD STREET PROMENADE
WHEREAS, on July 6, 2010, the City Council adopted the Land Use and
Circulation Element of the City’s General Plan (“LUCE”) which designates the proposed
general distribution, location and extent of land uses within the City; and
WHEREAS, the City’s new Zoning Ordinance, Chapters 9.01 through 9.52 of
Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”), became effective on
July 24, 2015; and
WHEREAS, on July 25, 2017, the City Council adopted the Downtown Community
Plan (“DCP”) which sets forth the City’s vision of the Downtown as a high quality, mixed-
use district offering opportunities for housing for people across the income spectrum, jobs,
arts and culture, local serving retail and community and visitor gathering places; 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
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WHEREAS, the DCP acknowledges that the Promenade is an essential
component of the Downtown’s economic sustainability and emphasizes the importance
of reevaluating and refreshing the Promenade so that it remains attractive and exciting to
residents and visitors alike; and
WHEREAS, DCP Goal LU3 contemplates that the Downtown will continue to be
the economic center for the City, providing a diverse and flexible mix of uses that can
meet future resident, business and visitor demand; and
WHEREAS, the DCP incorporates the provisions of Ordinance Number 2384
(CCS), adopted by the City Council on December, 13, 2011 (“Ordinance 2384”), by
allowing alternative fuel automobile/vehicle showrooms, subject to certain limitations; 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, 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
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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, 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, 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
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
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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
WHEREAS, since March 19, 2020, the Los Angeles County Department of Public
Health, 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, recognizing the issues posed by existing
community transmission of COVID-19 in Los Angeles County, and in response
maintaining public health measures that have, at differing times, included 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
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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, 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, 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
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
involving a multi-pronged approach focusing on five areas: business retention and
reopening; business process and permitting; publicity and marketing, community
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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 (the “Third Street
Promenade Area”), 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
WHEREAS, on May 12, 2020, the City Council adopted Emergency Interim Zoning
Ordinance Number 2637 (CCS) (“Interim Zoning Ordinance 2637”), which established
interim zoning regulations to provide immediate relief and regulatory certainty for
businesses citywide, excluding the Third Street Promenade Area by taking initial steps
towards economic recovery (“citywide interim zoning regulations”) that included:
modifying alcohol exemption conditions in order to streamline process for alcohol service
and provide flexibility in operations for eating establishments; relaxing standards related
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to legal, nonconforming retail and restaurant uses; relaxing requirements to provide
additional parking and new loading spaces for changes of use in existing tenant spaces;
eliminating the requirement for Conditional Use Permits for restaurants only due to size;
and removing the inflexibility caused by a cap of no more than 5 persons allowed for small
yoga studios and gyms; and
WHEREAS, on November 10, 2020, the City Council adopted Emergency Interim
Zoning Ordinance Number 2657 (CCS) (“Interim Zoning Ordinance 2657”) to: amend the
citywide interim zoning regulations to relax standards for alcohol exemptions for
businesses located on the Santa Monica Pier for consistency with businesses in the Third
Street Promenade Area and extend the interim zoning regulations to December 31, 2022;
and
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 (the “Promenade interim zoning
regulations”) 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
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WHEREAS, on November 10, 2020, the City Council adopted Emergency Interim
Zoning Ordinance Number 2658 (CCS) (“Interim Zoning Ordinance 2658”), which
amended the Promenade interim zoning regulations to expand eligibility for alternate
compliance with loading standards and extend the term of the Promenade 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, on April 13, 2021, the City Council adopted Emergency Interim Zoning
Ordinance 2667, making minor changes, corrections and clarifications to the Promenade
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 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, on or about July 27, 2021, DTSM published a final draft Third Street
Promenade Stabilization and Economic Vitality Plan (the “Promenade Vitality Plan”),
which sets forth short-term and medium-term recommendations for zoning and regulatory
changes designed to provide immediate relief and promote the long-term stabilization and
economic vitality of the Promenade; and
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WHEREAS, the Plan’s short-term recommendations call for the City to permit
additional uses on the Promenade, streamline approval processes for certain uses
already allowed on the Promenade by minimizing applicability of Minor Use Permits and
Conditional Use Permits, and increase flexibility in development standards for tenant
spaces; and
WHEREAS, on August 4, 2021, the Planning Commission reviewed and made
recommendations to the City Council on the Promenade Vitality Plan, which, among other
things, included support for the proposed short-term changes to permit additional uses,
reduce the applicability of discretionary permits, and increase flexibility in development
standards; and
WHEREAS, on September 28, 2021, the City Council adopted emergency Interim
Zoning Ordinance Number 2682 (CCS) to incorporate the short-term recommendations
of the Promenade Vitality Plan into the Promenade interim zoning regulations and to
further reduce the applicability of discretionary approvals along the Promenade; and
WHEREAS, the ongoing COVID-19 pandemic and subsequent economic recovery
has been difficult for many segments of the economy, even in light of economic efforts
that are currently underway, the Downtown area is experiencing economic uncertainty,
with the vacancy rate along the Promenade recently rising to almost 25%; and
WHEREAS, as retail environments across the region and country continue to
evolve and recover from the impacts of the COVID-19 pandemic, there is a need to adjust
allowed uses and activities to enable economic recovery and provide increased flexibility
to minimize vacancies along the Promenade and immediately surrounding areas; and
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WHEREAS, since the adoption of Ordinance 2384 in 2011, the number of
traditional fuel vehicle manufacturers that have expanded product lines to include hybrid
and electric vehicles has increased rapidly, with many manufacturers announcing plans
to electrify large portions of their fleets over the next decade; and
WHEREAS, on January 25, 2022, the City Council adopted emergency Interim
Zoning Ordinance Number 2690 (CCS) to amend the Promenade interim zoning
regulations to permit up to six automobile/vehicle showrooms in the Third Street
Promenade Area for automobiles/vehicles of any fuel type; and
WHEREAS, as the City continues to provide support to local businesses and
promote business opportunities Citywide, the interim zoning regulations have shown to
be successful in the City’s overall economic recovery efforts; and
WHEREAS, the City has an important government interest in maintaining a thriving
business community and protecting the health, safety, and economic welfare of its
citizens and businesses; and
WHEREAS, the ongoing COVID-19 pandemic and subsequent economic recovery
has been difficult for many segments of the economy, even in light of economic efforts
that are currently underway; and
WHEREAS, as the City continues to provide support to local businesses and
promote business opportunities Citywide, the interim zoning regulations have shown to
be successful in the City’s overall economic recovery efforts; and
WHEREAS, on April 20, 2022, the Planning Commission adopted a Resolution of
Intention, Resolution Number 22-008 (PCS), declaring its intention to consider
recommending to the City Council that the City Council amend text of the Zoning
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Ordinance related to economic recovery in the City’s Downtown, Mixed-Use and
Commercial, Employment, Oceanfront and Public and Semi-Public Districts, excluding
the area including and immediately adjacent to the Third Street Promenade and a
Resolution of Intention, Resolution Number 22-009 (PCS), declaring its intention to
consider recommending to the City Council that the City Council amend text of the Zoning
Ordinance related to economic recovery in the Third Street Promenade Area; and
WHEREAS, on August 17, 2022, 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
22-013 (PCS), recommending that the City Council amend the text of the Zoning
Ordinance economic recovery in the City’s Downtown, Mixed-Use and Commercial,
Employment, Oceanfront and Public and Semi-Public Districts, excluding the Third Street
Promenade Area, and Resolution Number 22-014 (PCS) related to economic recovery in
the Third Street Promenade Area based on the following findings:
1. The proposed amendments to the text of the Zoning
Ordinance are consistent with the General Plan in that the amendments
implement the LUCE policies to adapt to changing conditions and to support
small businesses. Specifically, Goal LU9 states to actively monitor and
manage land use changes to address community needs, promote citywide
sustainability and ensure community livability. In response to the Pandemic,
the City’s economic recovery efforts seek to support and allow businesses
to adapt to the current health and safety conditions. The proposed Zoning
amendments support local business retention and promotes new business
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opportunities citywide, addressing needs of the business community and
residents. In addition, Policy LU13.4 seeks to reduce regulatory costs on
small businesses and for the City to continue exploring ways to streamline
the approval process for new and existing businesses. Accordingly, the
proposed amendments support small businesses by simplifying land use
standards and streamlining review procedures.
The proposed amendments are consistent with the Downtown Community
Plan Goal LU3 which states that the Downtown continues to be the
economic center for the City, providing a diverse and flexible mix of uses
that can meet future resident, business, and visitor demand in that the
proposed land use changes include simplified land use standards and
streamlined review procedures to encourage and incentivize business
reopening in the Third Street Promenade Area.
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 proposed
amendments will provide continued support necessary for the City’s
business retention and economic recovery efforts following the current
Pandemic.
WHEREAS, the Planning Commission conducted a duly noticed public hearing on
October 21, 2020, and, after considering oral and written testimony regarding the
proposed amendments to the text of the Zoning Ordinance, adopted Resolution Number
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20-017 (PCS), recommending that the City Council amend the text of the Zoning
Ordinance to prohibit certain fast food restaurants in establishments with frontage on the
Third Street Promenade based on the following findings:
1. The proposed amendments to the text of the Zoning
Ordinance are consistent with the General Plan in that the amendments
implement the LUCE policies to adapt to changing conditions and to support
small businesses. Specifically, Goal LU9 states to actively monitor and
manage land use changes to address community needs, promote citywide
sustainability and ensure community livability. In response to the Pandemic,
the City’s economic recovery efforts seek to support and allow businesses
to adapt to the current health and safety conditions. The proposed Zoning
amendments support local business retention and promotes new business
opportunities citywide, addressing needs of the business community and
residents. In addition, Policy LU13.4 seeks to reduce regulatory costs on
small businesses and for the City to continue exploring ways to streamline
the approval process for new and existing businesses. Accordingly, the
proposed amendments support small businesses by simplifying land use
standards and streamlining review procedures.
The proposed amendments are consistent with the Downtown
Community Plan Goal LU3 which states that the Downtown continues to be
the economic center for the City, providing a diverse and flexible mix of uses
that can meet future resident, business, and visitor demand in that the
proposed land use changes include simplified land use standards and
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streamlined review procedures to encourage and incentivize business
reopening in the Third Street Promenade Area.
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 proposed
amendments will provide continued support necessary for the City’s
business retention and economic recovery efforts following the current
Pandemic.
WHEREAS, on October 11, 2022, the City Council conducted a duly noticed
hearing to consider the findings and recommendations of the Planning Commission, and
desires to adopt the proposed Zoning Ordinance amendments as set forth below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Based upon the oral and written testimony presented to the City
Council at the public hearing on October 11, 2022 regarding the proposed changes to the
text of the Zoning Ordinance, the City Council hereby makes the following findings:
1. The proposed amendments to the text of the Zoning
Ordinance are consistent with the General Plan and any applicable Specific
Plans in that they will support Downtown’s role as a visitor destination by
encouraging uses that appeal to both locals and tourists, including food,
retail, entertainment and overnight accommodations and will maintain and
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increase locally-based, independent, small retailers that allow residents and
employees to meet their daily needs on foot.
2. The proposed amendments to the text of the Zoning
Ordinance are consistent with the purpose of the Zoning Ordinance to
promote the growth of the City in an orderly manner and to promote and
protect the public health, safety, and general welfare in that the
amendments will protect the unique character of the Third Street
Promenade, reduce waste generated by disposable tableware and
packaging, and allow for planning efforts for the future of the Promenade to
continue.
Section 2. Santa Monica Municipal Code Section 9.04.080 is hereby amended to
read as follows:
9.04.080 Determining Floor Area
The floor area of a building is the total gross horizontal areas of all floors of a building,
including usable basements and all other areas measured from the interior face of the
exterior walls or, in the case of a shared wall, from the centerline of a wall separating the
2 buildings. Floor area also includes unenclosed decks, balconies, porches, and platforms
used for commercial or restaurant activity. In addition to calculating floor area ratio, floor
area shall be used to determine parking requirements and all relevant impact fees,
including, but not limited to, affordable housing fees, transportation impact fees, childcare
linkage fees, cultural arts fees, and parks and recreation fees.
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A. Included in Floor Area. Floor area is deemed to include:
1. The actual floor space of all habitable rooms on all levels and mezzanines,
interior balconies, lofts, and closets;
2. Restrooms, lounges, lobbies, kitchens, storage areas, and interior hallways
and corridors;
3. Portions of basements that meet Building Code requirements for habitable
space;
4. Enclosed and roofed porches and balconies;
5. Interior courtyards, atria, paseos, walkways and corridors that are fully
enclosed;
6. Storage and equipment spaces that are roofed and enclosed on all sides;
and
7. Covered parking at or above grade.
B. Excluded from Floor Area. Floor area does not include:
1. Stairways and stairwells;
2. Elevators, elevator equipment rooms, and elevator shafts;
3. Ramps to a subterranean or semi-subterranean parking structure or ramps
between floors of a parking structure provided the ramp does not accommodate parking;
4. Loading spaces and docks used exclusively for loading and unloading as
required by Section 9.28.080;
5. Unenclosed decks, balconies, porches, and platforms not used for
commercial or restaurant activity;
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6. In the Third Street Promenade Area, unenclosed rooftop areas used for
commercial or restaurant activity (“unenclosed rooftop areas”), subject to the following
specific standards:
a. Unenclosed rooftop areas shall be surrounded by a barrier not to
exceed 42 inches in height with an allowable transparent barrier not to exceed 42
inches in height. The barrier shall be permanently affixed to the rooftop;
b. Unenclosed rooftop areas, including barrier, shall be set back a
minimum five feet from the edges of the building;
c. Portable restrooms, storage sheds, or other similar temporary
structures shall not be permitted on the rooftop;
d. Rooftop features such as sunshades, trellises, or canopies shall not
exceed 10 feet in height with a maximum aggregate coverage of 50% of the
unenclosed rooftop area;
e. Unenclosed rooftop areas shall not be accessible to the public
outside of their normal business operating hours.
7. Covered and uncovered courtyards, arcades, atria, paseos, walkways, and
corridors located at or near the street level and are accessible to the general public
provided they are not used as sales, display, storage, service, or production areas;
8. Parking areas located below finished grade or finished floor of habitable
space where the vertical distance between finished grade and finished floor is 5 feet or
less;
9. Semi-subterranean parking areas that meet the following criteria:
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a. The parking area is located below finished grade along a minimum
of one street frontage,
b. The portions of the parking area located above finished grade are a
result of the site’s slope and cannot feasibly be fully subterranean due to geological
or physical site constraints, and
c. The facades of any of the visible portions of the parking area located
above finished grade are appropriately treated and landscaped;
10. Mechanical equipment rooms, electrical rooms, telecommunication
equipment rooms, and similar space located below grade;
11. Enclosures constructed pursuant to Section 9.31.060, Automobile Repair,
Major and Minor, for outdoor hoists in existence on the adoption of Ordinance Number
1452 (CCS);
12. Attics;
13. Accessory dwelling units and junior accessory dwelling units established in
accordance with Section 9.31.025.
Section 3. Santa Monica Municipal Code Section 9.04.090 is hereby amended to
read as follows:
9.04.090 Determining Floor Area Ratio
Floor Area Ratio (FAR) is the ratio of the floor area, excluding the areas described below,
of all principal and accessory buildings on a site to the site area. To calculate FAR, floor
area is divided by site area, and typically expressed as a decimal. For example, if the
floor area of all buildings on a site totals 20,000 square feet, and the site area is 10,000
square feet, the FAR is expressed as 2.0. For parcels containing one or more zoning
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designations, only that portion zoned for commercial or industrial use shall be used as
parcel area when calculating floor area ratio.
A. Floor Area Ratio Exclusions
1. Floor area devoted to basements.
2. Unenclosed decks, balconies, porches, plazas, outdoor dining areas
provided the dining areas have no more than a 42-inch high barrier surrounding the dining
area and is visible from the public right-of-way, and other open spaces.
3. In the Third Street Promenade Area, unenclosed rooftop areas used for
commercial or restaurant activity (“unenclosed rooftop areas”), subject to the following
specific standards:
a. Unenclosed rooftop areas shall be surrounded by a barrier not to
exceed 42 inches in height with an allowable transparent barrier not to exceed 42
inches in height. The barrier shall be permanently affixed to the rooftop;
b. Unenclosed rooftop areas, including barrier, shall be set back a
minimum five feet from the edges of the building;
c. Portable restrooms, storage sheds, or other similar temporary
structures shall not be permitted on the rooftop;
d. Rooftop features such as sunshades, trellises, or canopies shall not
exceed 10 feet in height with a maximum aggregate coverage of 50% of the
unenclosed rooftop area;
e. Unenclosed rooftop areas shall not be accessible to the public
outside of their normal business operating hours.
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Section 4. Santa Monica Municipal Code Section 9.10.040 is hereby amended to
read as follows:
9.10.040 Land Use Regulations
Table 9.10.040 prescribes the land use regulations for Downtown Districts. The
regulations for each district are established by letter designations below. These
designations apply strictly to the permissibility of land uses; applications for buildings or
structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with
specific limitations listed at the end of the table.
“MUP” designates use classifications that are permitted after review and approval of a
Minor Use Permit.
“CUP” designates use classifications that are permitted after review and approval of a
Conditional Use Permit.
“—” designates uses that are not permitted.
10.C.a
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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.
TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promenade)
and Third
Street
Promenade
Area in BC
(2nd & 4th
Streets)
BC (2nd &
4th Streets)
Excluding
Third Street
Promenade
Area in BC
(2nd and 4th
Streets) TA OT WT
Additional
Regulations
Residential Uses
Residential Housing Types See sub-classifications below.
Single Unit Dwelling L(1) L(1) L(1) L(1) L(1) L(1) L(1)
Accessory Dwelling Unit P P P P P P P
Section 9.31.025
Accessory Dwelling
Units and Junior Accessory Dwelling Units
Junior Accessory Dwelling
Unit P P P P P P P
Section 9.31.025
Accessory Dwelling
Units and Junior
Accessory Dwelling
Units
Duplex P L(3) L(1) L(1) L(1) L(1) L(1)
Multiple-Unit Structure L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Senior Citizen Multiple-Unit
Residential L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Single-Room Occupancy
Housing L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Group Residential MUP MUP,
L(3) MUP, L(1) MUP, L(1) MUP MUP MUP
Congregate Housing P MUP,
L(3) L(1) CUP, L(1) MUP MUP MUP
Section 9.31.110,
Congregate and
Transitional
Housing
Senior Group Residential P MUP,
L(3) MUP, L(1) MUP, L(1) MUP,
L(1)
MUP,
L(1)
MUP,
L(1)
Section 9.31.310,
Senior Group
Residential
Elderly and Long-Term
Care P L(3) L(1) L(1) L(1) L(1) L(1)
Emergency Shelters L(6)/CUP L(6)/
CUP CUP/L(1) L(1),
L(6)/CUP
L(6)/
CUP
L(6)/
CUP
L(6)/
CUP
Family Day Care See sub-classifications below.
10.C.a
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TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promenade)
and Third
Street
Promenade
Area in BC
(2nd & 4th
Streets)
BC (2nd &
4th Streets)
Excluding
Third Street
Promenade
Area in BC
(2nd and 4th
Streets) TA OT WT
Additional
Regulations
Large L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Section 9.31.140,
Family Day Care,
Large
Small L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Residential Facilities See sub-classifications below.
Residential Care, General P L(3) L(1) L(1) P L(1) L(1) Section 9.31.270, Residential Care Facilities Residential Care, Limited P L(3) L(1) L(1) P L(1) L(1)
Residential Care, Senior P L(3) L(1) L(1) P L(1) L(1)
Hospice, General P L(3) L(1) L(1) P L(1) L(1)
Hospice, Limited P L(3) L(1) L(1) P L(1) L(1)
Supportive Housing P L(3) L(1) L(1) L(1) L(1) L(1)
Transitional Housing P L(3) L(1) L(1) L(1) L(1) L(1)
Public and Semi-Public Uses
Adult Day Care L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Child Care and Early
Education Facilities P P P P P P P
Section 9.31.120,
Child Care and Early Education Facilities
Colleges and Trade Schools,
Public or Private CUP L(1) L(1) L(1) L(1) L(1) L(1)
Community Assembly L(7)/CUP CUP L(15) P CUP L(1) L(7)/
CUP
Community Gardens P P - P P P P
Cultural Facilities P P P P P P P
Hospitals and Clinics P P L(1) L(1) P - P
Park and Recreation Facilities,
Public P P P P P P P
Public Safety Facilities P P P P P P P
Schools, Public or Private CUP L(3) L(1) P P - CUP
Social Service Centers P P - P P P P 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)/CU
P P L(5)/CUP L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
No more than 10
dogs or cats can be
kept overnight
Pet Day Care Services MUP MUP - MUP MUP MUP MUP
Veterinary Services MUP MUP - MUP MUP - MUP
Automobile/Vehicle Sales and
Service See sub-classifications below.
Alternative Fuels and
Recharging Facilities
CUP/
L(19)
CUP/
L(19) - - CUP/
L(19) - -
Automobile Rental L(10) L(10) L(10) L(10) L(10) L(10) L(10)
Automobile Storage Use - - - - - - -
New Automobile/Vehicle
Sales and Leasing
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/
CUP
- -
Additions 7,500 sq ft or
less to Automobile/
Vehicle Sales and
Leasing buildings
existing as of 7/06/2010
L(20)/
MUP
- - - - - -
Section 9.31.070
Automobile/Vehicle
Sales, Leasing, and
Storage Additions larger than
7,500 sq ft to
L(20)/
CUP
- - - - - -
10.C.a
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TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promenade)
and Third
Street
Promenade
Area in BC
(2nd & 4th
Streets)
BC (2nd &
4th Streets)
Excluding
Third Street
Promenade
Area in BC
(2nd and 4th
Streets) TA OT WT
Additional
Regulations
Automobile/Vehicle Sales
and Leasing buildings
existing as of 7/06/2010
Automobile/Vehicle Repair,
Major
L(19) - - - - - -
Automobile/Vehicle Service
and Repair, Minor
L(19) - - - - - -
Automobile/Vehicle
Washing
L(19) - - - - - -
Service Station L(19) L(19) - - L(19) - -
Towing and Impound - - - - - - -
Banks and Financial
Institutions
See sub-classifications below.
Banks and Credit Unions L(4)/CUP L(3),
L(5)/CUP
- - L(4)/
CUP
L(4)/
CUP
L(4)/
CUP
Check Cashing Businesses - - - - - - -
Business Services L(5)/CUP L(5)/CUP L(15) L(5)/CUP L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
Commercial Entertainment and
Recreation See sub-classifications below.
Cinemas & Theaters, up to
99 seats
- CUP P P P - -
Cinemas & Theaters, more
than 99 seats
- - P CUP CUP - -
Convention and Conference
Centers
CUP CUP P CUP CUP CUP CUP
Large-Scale Facility L(21)/
CUP
L(21)/
CUP
L(21)/CUP L(21)/ CUP L(21)
/ CUP
L(21)/
CUP
-
Small-Scale Facility L(5)/CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
Section 9.31.340
Small Scale Facility
Fortunetelling P P P P P P P
Eating and Drinking
Establishments See sub-classifications below.
Bars/Nightclubs/Lounges CUP CUP CUP CUP CUP CUP(10
)
-
Restaurants, Full-Service,
Limited Service & Take-Out
(2,500 sq ft and smaller,
including Outdoor Dining
and Seating)
P P L(22) P P P P Section 9.31.040,
Alcoholic Beverage
Sales
Restaurants, Full-Service,
Limited Service & Take-Out
(2,501 – 5,000 sq ft,
including Outdoor Dining
and Seating)
P P L(22) P P P P Section 9.31.280,
Restaurants, Limited
Service, and Take-
Out Only
Restaurants, Full-Service,
Limited Service & Take-Out
(greater than 5,000 sq ft,
including Outdoor Dining
and Seating)
Food Hall (up to 175 seats)
CUP
CUP
P
CUP
L(22)
P
P
CUP
P
CUP
P
CUP
CUP
CUP
Section 9.31.200,
Outdoor Dining and
Seating
Equipment Rental - - - - L(5)/- -
10.C.a
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TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promenade)
and Third
Street
Promenade
Area in BC
(2nd & 4th
Streets)
BC (2nd &
4th Streets)
Excluding
Third Street
Promenade
Area in BC
(2nd and 4th
Streets) TA OT WT
Additional
Regulations
CUP
Food and Beverage Sales See sub-classifications below.
Convenience Market CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/
CUP
L(5)/
CUP
- Section 9.31.040,
Alcoholic Beverage
Sales
Farmer’s Market CUP P P P P P P
General Market L(12)/
CUP
L(12)/
CUP
L(12)/
CUP
L(12)/ CUP L(12)
/
CUP
L(12)/
CUP
L(12)
/ CUP
Section 9.31.040,
Alcoholic Beverage
Sales
Liquor Stores CUP CUP P CUP CUP CUP -
Funeral Parlors and Mortuaries CUP - - - - - -
Instructional Services L(5)/CUP L(3),
L(5)/CUP
L(1),
L(5)/CUP
L(5)/CUP L(5)/
CUP
L(1),
L(5)/
CUP
L(1),
L(5)/
CUP
Live-Work L(13) L(3)(13) L(1)(13) L(13) L(13) L(1)(13) L(13) Section 9.31.170,
Live-Work Units
Lodging See sub-classifications below.
Bed and Breakfast MUP MUP P MUP MUP MUP MUP Section 9.31.090,
Bed and Breakfasts
Hotels and Motels CUP CUP P CUP CUP CUP CUP,
L(19)
Maintenance and Repair
Services
L(5)/CUP - - - - - -
Nurseries and Garden Centers L(5)/CUP L(5)/CUP - L(5)/CUP L(5)/
CUP
- L(5)/
CUP
Section 9.31.220,
Outdoor Retail Display and Sales
Offices See sub-classifications below.
Business and Professional L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/
CUP
L(1) L(1)
Creative L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/
CUP
L(1) L(1)
Medical and Dental L(14)/
CUP
L(3),
L(5)/CUP
P L(1) L(3),
L(5)/
CUP
L(1) L(1)
Walk-In Clientele L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(5)/CUP L(3),
L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
Outdoor Newsstands MUP MUP MUP MUP MUP MUP MUP Section 9.31.210, Outdoor Newsstands
Parking, Public or Private CUP CUP - CUP CUP,
L(11)
- CUP
Personal Services See sub-classifications below.
General Personal Services L(5)/CUP L(5)/CUP P L(5)/CUP L(5)/
CUP
- L(5)/
CUP
Section 9.31.230,
Personal Service
Physical Training L(17),
L(5)/CUP
L(17),
L(5)/CUP
L(17),
L(21)/CU
P
L(17),
L(5)/CUP
L(17)
,
L(5)/
CUP
L(17),
L(5)/
CUP
L(17),
L(5)/
CUP
Tattoo or Body Modification
Parlor
MUP MUP P MUP MUP MUP - Section 9.31.230,
Personal Service
Retail Sales See sub-classifications below.
Building Materials Sales
and Services
P - - - - - - Section 9.31.220,
Outdoor Retail
Display and Sales General Retail Sales, Small-
Scale
L(5)/CUP L(5)/CUP P L(5)/CUP L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
10.C.a
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TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promenade)
and Third
Street
Promenade
Area in BC
(2nd & 4th
Streets)
BC (2nd &
4th Streets)
Excluding
Third Street
Promenade
Area in BC
(2nd and 4th
Streets) TA OT WT
Additional
Regulations
General Retail Sales,
Medium-Scale
CUP CUP P CUP CUP - CUP
General Retail Sales, Large-
Scale
- - - - - - -
Medical Marijuana
Dispensaries
CUP - - - - - - Section 9.31.185,
Medical Marijuana
Dispensaries
Pawn Shops - - - - - - -
Swap Meets - - - - - - -
Industrial Uses
Artist’s Studio P P L(2) L(1) P P P
Commercial Kitchens
Industry, Limited
-
-
-
-
-
L(2),
L(23)
-
-
CUP
-
-
-
-
-
Media Production See sub-classifications below.
Support Facilities L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/
CUP
L(1) L(1)
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P P P - P
City Bike Share Facility P P P P P P P
Communication Facilities See sub-classifications below.
Antennas and Transmission
Towers
- - - - - - -
Equipment within Buildings - - - - - - -
Light Fleet-Based Services - - - - MUP - -
Utilities, Major L(18) - - - - - -
Utilities, Minor P P P P P P P
Specific Limitations:
(1) Limited to upper floors, and on the ground floor where the entire tenant space shall be located at least 25 feet from the
front property line, except for residential units shall be limited to upper floors only.
(2) A minimum depth of 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.
(3) Between 4th and 4th Court, permitted in mid-block parcels on the ground floor and upper floors. On all other parcels,
permitted anywhere on the ground floor if the space has street frontage and was occupied by office on, or is vacant but
was occupied by office in the 12 months preceding, the date this Ordinance is effective; otherwise, permitted on upper
floors and on the ground floor where the entire tenant space including the primary entry is located at least 50 feet from the
front property line.
(4) Permitted except no ground floor tenant space shall exceed 20 linear feet of ground floor street frontage without a
Conditional Use Permit.
(5) Permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective. Permitted in new
buildings, except:
(a) No individual ground floor tenant space shall occupy more than 7,500 square feet of floor area and/or exceed 50 linear
feet of ground floor street frontage without a Conditional Use Permit.
(b) Ground floor tenant spaces in the Santa Monica Place are not subject to size limitations.
(6) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency shelters with 55 or more
beds.
(7) Any community assembly facility abutting a residential district shall require approval of a Conditional Use Permit.
(8) Limited to automobile/vehicle dealer showrooms only which must display one alternative fuel automobile/vehicle if such an
automobile/vehicle is available in the dealer’s fleet, and limited to six showrooms in the Third Street Promenade Area.
(9) (Reserved)
(10) Permitted as an ancillary use to support a primary use.
10.C.a
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TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promenade)
and Third
Street
Promenade
Area in BC
(2nd & 4th
Streets)
BC (2nd &
4th Streets)
Excluding
Third Street
Promenade
Area in BC
(2nd and 4th
Streets) TA OT WT
Additional
Regulations
(11) Limited to public parking facilities only.
(12) General markets greater than 15,000 square feet require approval of a Conditional Use Permit, except general markets in
the Mixed-Use Boulevard district greater than 25,000 square feet require approval of a Conditional Use Permit.
(13) If the commercial use requires a MUP or CUP, an application shall be required in accordance with SMMC, Chapter 9.41.
Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or
proposed design of the live-work unit, there would be the potential for adverse health impacts from the proposed use on
the people residing in the unit. An example of a potential health impact is the potential for food contamination from users
that generate airborne particulates in a unit with an unenclosed kitchen.
(14) All new construction requires approval of a Conditional Use Permit or permitted if within buildings existing as of the date
the ordinance codified in this Chapter is effective, except:
(a) New additions of 50% or more additional square footage to an existing building at any one time, or incrementally, after
the effective date of the ordinance codified in this Chapter, requires approval of a Conditional Use Permit.
(b) No ground floor, street-fronting, non-office or non-media production support facility use, non-medical or non-dental
office use tenant space shall be changed into an individual office use or a media production support facility use, or
individual medical or dental office use occupying more than 7,500 square feet of floor area and/or exceeding 50 linear
feet of street frontage without the approval of a Conditional Use Permit.
(15) Limited to the ground floor with frontage along 2nd Court and 3rd Court alleys or to upper floors.
(16) Limited to public parking facilities only.
(17) Youth-serving personal services, physical training requires review and approval of passenger loading and drop-off plan by
the Director.
(18) Limited to electric distribution substations.
(19) Limited to legally established existing uses as of the date this Specific Plan is effective.
(20) Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships conforming
to the urban auto dealership format standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing and Storage are
permitted. Expansions to existing dealerships of 7,500 square feet or less that do not conform to the urban auto dealership
format standards shall require an MUP. Expansions to existing dealerships larger than 7,500 square feet that do not
conform to the urban auto dealership formal standards shall require a CUP.
(21) No individual Fitness Center tenant space shall exceed 100 linear feet of ground floor street frontage without the approval
of a Conditional Use Permit.
(22) Restaurant, Limited-Service and Take-Out establishments with frontage on the Third Street Promenade and the following
characteristics shall be prohibited:
(a) More than 150 locations nationwide at the time that the application for the establishment is deemed complete by the
City; and
(b) Characteristics, including but not limited to, orders placed at a walk-up window, counter, or machine; payment prior to
food consumption; and food served with disposable, one-time, or limited-use wrapping, containers, or utensils.
(23) Excludes commercial laundries and dry cleaning plants, monument works, medicinal cannabis, and medicinal cannabis
products.
Section 5. Santa Monica Municipal Code Section 9.11.020 is hereby amended to read
as follows:
9.11.020 Land Use Regulations
Table 9.11.020 prescribes the land use regulations for Mixed-Use and Commercial
Districts. The regulations for each district are established by letter designations below.
10.C.a
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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.
TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS
Use Classification MUBL MUB GC NC Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.
Single Unit Dwelling P P P P
Accessory Dwelling Unit P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit P P P p
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
10.C.a
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TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS
Use Classification MUBL MUB GC NC Additional Regulations
Duplex P P P P
Multiple-Unit Structure P P P P
Senior Citizen Multiple-Unit Residential P P P P
Single-Room Occupancy Housing P P P P
Group Residential MUP MUP MUP MUP
Congregate Housing P P P P
Senior Group Residential P P P P Section 9.31.310, Senior Group
Residential
Elderly and Long-Term Care P P P –
Emergency Shelters L(3)/CUP L(3)/CUP L(3)/CUP L(3)/CUP Section 9.31.130, Emergency
Shelters
Family Day Care See sub-classifications below.
Large P P P P Section 9.31.140, Family Day
Care, Large
Small P P P P
Residential Facilities See sub-classifications below.
Residential Care, General P P P P Section 9.31.270, Residential
Care Facilities
Residential Care, Limited P P P P Section 9.31.270, Residential
Care Facilities
Residential Care, Senior P P P P Section 9.31.270, Residential
Care Facilities
Hospice, General P P P P
Hospice, Limited P P P P
Supportive Housing P P P P
Transitional Housing P P P P
Public and Semi-Public Uses
Adult Day Care P P P L(2)/CUP
Child Care and Early Education Facilities P P P L(2)/CUP Section 9.31.120, Child Care and
Early Education Facilities
Colleges and Trade Schools, Public or Private CUP CUP P CUP
Community Assembly L(18)/CUP L(18)/CUP L(18)/CUP L(18)/CUP
Community Gardens P P P P
Cultural Facilities P P P L(2)/CUP
Hospitals and Clinics – P CUP –
Park and Recreation Facilities, Public P P P P
Public Safety Facilities P P P CUP
Schools, Public or Private P CUP CUP P
Social Service Centers P P P P Section 9.31.350, Social Service
Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.
Grooming and Pet Stores L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP No more than 10 dogs or cats may
be kept overnight
Pet Day Care Services MUP MUP MUP MUP
Veterinary Services MUP MUP MUP MUP
Automobile/Vehicle Sales and Service See sub-classifications below.
Alternative Fuels and Recharging Facilities CUP CUP CUP CUP
Automobile Rental CUP MUP MUP – Section 9.31.050, Automobile
Rental
Automobile Storage Use L(4)/CUP – – –
10.C.a
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TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS
Use Classification MUBL MUB GC NC Additional Regulations
New Automobile/Vehicle Sales and Leasing – – CUP(6) –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Additions 7,500 square feet or less to
Automobile/Vehicle Sales and Leasing buildings
existing as of 07/06/2010
L(5)/MUP L(5)/MUP L(5)/MUP –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Additions larger than 7,500 square feet to
Automobile/
Vehicle Sales and Leasing buildings existing as
of 07/06/2010
CUP (5) CUP (5) CUP (5) –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Automobile/Vehicle Repair, Major – – CUP –
Section 9.31.060,
Automobile/Vehicle Repair,
Major and Minor
Automobile/Vehicle Service and Repair, Minor CUP – CUP –
Section 9.31.060,
Automobile/Vehicle Repair,
Major and Minor
Automobile/Vehicle Washing – – CUP – Section 9.31.080,
Automobile/Vehicle Washing
Service Station CUP CUP MUP – Section 9.31.320, Service Stations
Towing and Impound – – CUP –
Banks and Financial Institutions See sub-classifications below.
Banks and Credit Unions L(2)/CUP L(2)/CUP L(2)/CUP L(2)/CUP
Check Cashing Businesses – – – –
Business Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP
Commercial Entertainment and Recreation See sub-classifications below.
Cinemas L(7) – – L(7)
Theaters L(8)/CUP L(8)/CUP L(8)/CUP L(8)/CUP
Convention and Conference Centers – CUP CUP –
Large-Scale Facility CUP CUP CUP -
Small-Scale Facility L(9)/CUP L(9)/CUP L(9)/CUP CUP (16) Section 9.31.340, Small-Scale
Facility, Game Arcades
Fortunetelling P P P P
Eating and Drinking Establishments See sub-classifications below.
Bars/Nightclubs/Lounges CUP CUP CUP - Section 9.31.040, Alcoholic
Beverage Sales
Restaurants, Full-Service, Limited Service &
Take-Out (2,500 square feet and smaller,
including Outdoor Dining and Seating)
P P P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.290, Restaurants
With Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service &
Take-Out (2,501 – 5,000 square feet, including
Outdoor Dining and Seating)
P P P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.290, Restaurants
With Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service &
Take-Out (greater than 5,000 square feet,
including Outdoor Dining and Seating)
CUP CUP CUP CUP (10)(11)
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
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TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS
Use Classification MUBL MUB GC NC Additional Regulations
Limited Service and Take-Out
Only
Section 9.31.290, Restaurants
With Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Food Hall (up to 175 seats) CUP CUP CUP CUP
Equipment Rental – L(19)/CUP L(19)/CUP –
Food and Beverage Sales See sub-classifications below.
Convenience Market CUP CUP CUP CUP Section 9.31.040, Alcoholic
Beverage Sales
Farmers Markets CUP CUP CUP CUP
General Market L(12)/CUP L(12)/CUP L(12)/CUP L(12)/CUP Section 9.31.040, Alcoholic
Beverage Sales
Liquor Stores CUP CUP CUP CUP Section 9.31.040, Alcoholic
Beverage Sales
Funeral Parlors and Mortuaries – CUP CUP –
Instructional Services L(19)/CUP L(19)/CUP L(19)/CUP L(17)/CUP
Live-Work L(14) L(14) L(14) L(14) Section 9.31.170, Live-Work
Lodging See sub-classifications below.
Bed and Breakfast MUP MUP MUP MUP Section 9.31.090, Bed and
Breakfasts
Hotels and Motels CUP CUP CUP –
Maintenance and Repair Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP
Nurseries and Garden Centers L(19)/CUP L(19)/CUP L(19)/CUP L(17)/CUP Section 9.31.220, Outdoor Retail
Display and Sales
Offices See sub-classifications below.
Business and Professional L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Creative L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Medical and Dental L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Walk-In Clientele L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Outdoor Newsstands MUP MUP MUP MUP Section 9.31.210, Outdoor
Newsstands
Parking, Public or Private CUP CUP CUP CUP
Personal Services See sub-classifications below.
General Personal Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Section 9.31.230, Personal
Service
Personal Services, Physical Training L(19)(20) L(19)(20) L(19)(20) L(2)(20)/CUP
Tattoo or Body Modification Parlor MUP MUP MUP MUP Section 9.31.230, Personal
Service
Retail Sales See sub-classifications below.
Building Materials Sales and Services – – CUP – Section 9.31.220, Outdoor Retail
Display and Sales
General Retail Sales, Small-Scale L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Section 9.31.220, Outdoor Retail
Display and Sales
General Retail Sales, Medium-Scale CUP CUP L(19)/CUP – Section 9.31.220, Outdoor Retail
Display and Sales
General Retail Sales, Large-Scale – – CUP – Section 9.31.220, Outdoor Retail
Display and Sales
Medical Marijuana Dispensaries CUP(15) CUP(15) CUP(15) – Section 9.31.185, Medical
Marijuana Dispensaries
Pawn Shops – – – –
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TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS
Use Classification MUBL MUB GC NC Additional Regulations
Swap Meets – – CUP – Section 9.31.360, Swap Meets
Industrial Uses
Artist’s Studio P P P P
Commercial Kitchens – – CUP –
Media Production See sub-classifications below.
Support Facilities L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P P
City Bikeshare Facility P P P P
Communication Facilities See sub-classifications below.
Antennas and Transmission Towers – – CUP –
Equipment within Buildings – – P –
Light Fleet-Based Services – – CUP –
Utilities, Major – L(13) L(13) –
Utilities, Minor P P P P
Specific Limitations:
(1) Reserved.
(2) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or
enlargement of tenant spaces: Limited to facilities with no more than 7,500 square feet of floor area and/or 40 linear feet of ground
floor street frontage; greater area and/or width requires approval of a Conditional Use Permit.
(3) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency shelters with 55 or more
beds.
(4) Limited to automobile storage use associated with existing automobile dealerships selling new vehicles; otherwise,
requires Conditional Use Permit.
(5) Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships
conforming to the Urban Auto Dealership Format standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage
are permitted. Expansions to existing dealerships that do not conform to the Urban Auto Dealership Format standards shall require
a MUP or CUP.
(6) New auto dealerships may be allowed, subject to approval of a Conditional Use Permit, only on sites with frontage on
Santa Monica Boulevard between Lincoln Boulevard and 20th Street on Lincoln Boulevard between Interstate 10 and Santa Monica
Boulevard. In other locations, new automobile dealerships are not permitted.
(7) Limited to existing cinema buildings. New cinemas are not permitted.
(8) Limited to theaters with 75 or fewer seats. Theaters with more than 75 seats require Conditional Use Permit.
(9) Limited to exercise facilities (e.g., yoga, Pilates, martial arts, and dance studios) and arts instruction facilities. Other
small-scale commercial recreation uses require approval of a Conditional Use Permit.
(10) Limited to restaurants with 50 or fewer seats.
(11) Limited to 2 restaurants greater than 5,000 square feet per block along Main Street. A block is defined as both sides of
Main Street and the adjacent sides of adjoining side streets. Portions of Main Street to be designated a “block” for the purpose of
this Section are as follows:
Block 1: South City limits to Marine Street.
Block 2: Marine Street to Pier Avenue.
Block 3: Pier Avenue to Ashland Avenue.
Block 4: Ashland Avenue to Hill.
Block 5: Hill to Ocean Park Boulevard.
Block 6: Ocean Park Boulevard to Hollister Avenue (total of four restaurants and bars permitted in this block).
Block 7: Hollister Avenue to Strand.
Block 8: Strand to Pacific.
Block 9: Pacific to Bicknell.
Block 10: Bicknell to Bay.
Block 11: Bay to Pico Boulevard.
(12) General markets greater than 15,000 square feet require a Conditional Use Permit. In the Neighborhood Commercial
District, establishments shall not exceed 25,000 square feet of floor area.
(13) Limited to electric distribution substations.
(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.
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TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS
Use Classification MUBL MUB GC NC Additional Regulations
(15) Medical marijuana dispensaries are limited to the following locations:
MUB District along Wilshire Boulevard between Lincoln Boulevard and Centinela Avenue;
GC District along Santa Monica Boulevard between Lincoln Boulevard and 20th Street; and
MUBL District along Santa Monica Boulevard between 23rd Street and Centinela Avenue.
(16) Limited to facilities of no more than 3,000 square feet of floor area.
(17) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or
enlargement of tenant spaces: No individual tenant space in the NC District shall occupy more than 7,500 square feet of floor area
and/or exceed 50 linear feet of ground floor street frontage without the approval of a Conditional Use Permit.
(18) Any community assembly facility abutting a residential district shall require a Conditional Use Permit.
(19) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or
enlargement of tenant spaces: No individual tenant space in the MUBL, MUB, and GC Districts shall occupy more than 12,500
square feet of floor area and/or exceed 75 linear feet of ground floor street frontage without the approval of a Conditional Use
Permit.
(20) Youth-serving personal services, physical training requires review and approval of a passenger loading and drop-off plan
by the Director.
(21) Permitted if within buildings existing as of July 24, 2015, subject to the active use requirement, except:
All new construction, including new additions of 50% or more additional square footage to an existing building at any one
time, or incrementally, after the effective date of this Ordinance, requires approval of a Conditional Use Permit.
In the NC District, ground floor, street-fronting, tenant space occupied by non-media production, support facility uses
shall not be changed to an individual office use or media production, support facility use occupying more than 12,500 square feet
of floor area and/or exceeding 75 linear feet of street frontage without the approval of a Conditional Use Permit.
In the NC District, no non-medical or non-dental office use tenant space shall be changed to an individual medical or
dental office use anywhere in an existing building occupying more than 7,500 square feet of floor area and/or exceeding 50 linear
feet of ground floor street frontage without the approval of a Conditional Use Permit.
In the MUBL, MUB, and GC Districts, no non-medical or non-dental office use tenant space shall be changed to an
individual medical or dental office use anywhere in an existing building occupying more than 12,500 square feet of floor area
and/or exceeding 75 linear feet of ground floor street frontage without approval of a Conditional Use Permit.
Section 6. 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.
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“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.
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.
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TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS
Use Classification IC OC HMU Additional Regulations
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 – –
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 – –
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TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS
Use Classification IC OC HMU Additional Regulations
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
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.
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TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS
Use Classification IC OC HMU Additional Regulations
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 – –
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 Chapter 9.32, Telecommunication
Facilities
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
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TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS
Use Classification IC OC HMU Additional Regulations
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 7. Santa Monica Municipal Code Section 9.14.020 is hereby amended to
read as follows:
9.14.020 Land Use Regulations
Table 9.14.020 prescribes the land use regulations for the Oceanfront District. The
regulations for each district are established by letter designations listed below. These
designations apply strictly to the permissibility of land uses; applications for buildings or
structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with
specific limitations listed at the end of the table.
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“CUP” designates use classifications that are permitted after review and approval of a
Conditional Use Permit.
“MUP” designates use classifications that are permitted after review and approval of a
Minor Use Permit.
“–” designates uses that are not permitted.
Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and sub-
classifications not listed in the table are prohibited. Accessory uses are permissible when
they are determined by the Zoning Administrator to be necessary and customarily
associated with and appropriate, incidental, and subordinate to, the principal uses and
which are consistent and not more disturbing or disruptive than permitted uses. The table
also notes additional use regulations that apply to various uses. Section numbers in the
right-hand column refer to other Sections of this Ordinance.
TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT
Use Classification OF 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
Duplex P
Multiple-Unit Dwelling P
Senior Citizen Multiple-Unit
Residential P
Single-Room Occupancy Housing P Section 9.31.330, Single Room Occupancy
Uses
Group Residential MUP
Congregate Housing P Section 9.31.110, Congregate and
Transitional Housing
Senior Group Residential P Section 9.31.310, Senior Group Residential
Elderly and Long-Term Care P
Emergency Shelters CUP Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.
Large P Section 9.31.140, Family Day Care, Large
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TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT
Use Classification OF Additional Regulations
Small P
Residential Facilities See sub-classifications below.
Residential Care, General P Section 9.31.270, Residential Care
Facilities
Residential Care, Limited P Section 9.31.270, Residential Care
Facilities
Residential Care, Senior P Section 9.31.270, Residential Care
Facilities
Supportive Housing P
Transitional Housing P
Public and Semi-Public Uses
Adult Day Care CUP
Child Care and Early Education Facilities CUP Section 9.31.120, Child Care and Early
Education Facilities
Cultural Facilities CUP
Park and Recreations Facilities, Public P
Schools P
Commercial Uses
Automobile/Vehicle Sales and Service See sub-classifications below.
Automobile Rental MUP Section 9.31.050, Automobile Rental
Commercial, Entertainment, and Recreation See sub-classifications below.
Theaters L(1)
Convention and Conference Centers P
Small-Scale Facility P Section 9.31.340, Small-Scale Facility,
Game Arcades
Large-Scale Facility L(2)/CUP
Eating and Drinking Establishments See sub-classifications below.
Bars/Nightclubs/Lounges L(3)/CUP Section 9.31.040, Alcoholic Beverage Sales
Restaurants, Full-Service including
Outdoor Dining and Seating P
Section 9.31.040, Alcoholic Beverage Sales
Section 9.31.280, Restaurants, Limited
Service and Take-Out Only
Section 9.31.290, Restaurants With
Entertainment
Section 9.31.200, Outdoor Dining and
Seating
Chapter 9.20, Beach Overlay District
Restaurants, Limited Service and Take-
Out Only including Outdoor Dining
and Seating
P
Section 9.21.040, Alcoholic Beverage Sales
Section 9.31.280, Restaurants, Limited-
Service and Take Out Only
Section 9.31.290, Restaurants With
Entertainment
Section 9.31.200, Outdoor Dining and
Seating
Chapter 9.20, Beach Overlay District
Food Hall (up to 175 seats) CUP
Food and Beverage Sales See sub-classifications below.
Convenience Markets P Section 9.31.040, Alcoholic Beverage Sales
Farmers Markets MUP
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TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT
Use Classification OF Additional Regulations
General Markets L(4) Section 9.31.040, Alcoholic Beverage Sales
Liquor Stores CUP Section 9.31.040, Alcoholic Beverage Sales
Lodging See sub-classifications below.
Bed and Breakfast CUP Within Designated Landmarks only.
Section 9.31.090, Bed and Breakfasts
Offices See sub-classifications below.
Business and Professional L(5)/CUP
Creative L(5)/CUP
Walk-In Clientele L(5)/CUP
Parking, Public or Private CUP
General Personal Services MUP
Retail Sales See sub-classifications below.
General Retail Sales, Small-Scale P Section 9.31.220, Outdoor Retail Display
and Sales
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P
Specific Limitations:
(1) Limited to theaters for live performances.
(2) Existing large-scale commercial, entertainment, and recreation facilities existing as of the date of this Ordinance are
permitted. Any new large-scale commercial, entertainment, and recreation facilities require approval of a Conditional Use
Permit.
(3) Bars, nightclubs, and lounges are only permitted on the Pier, on Oceanfront Walk, and within hotels.
(4) Limited to establishments with no more than 2,500 sq. ft. of floor area.
(5) Office uses on the ground floor street frontage may not exceed 25% of the parcel width or 1,000 sq. ft, whichever is less.
Section 8. Santa Monica Municipal Code Section 9.14.030 is hereby amended to
read as follows:
9.14.030 Development Standards
Table 9.14.030 prescribes the development standards for the Oceanfront District.
Additional regulations are denoted with Section numbers in the right-hand column or with
individual letters in parentheses. Section numbers refer to other Sections of this Article,
while individual letters in parentheses refer to subsections that directly follow the table.
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TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT
Standard OF Additional Regulations
Parcel and Intensity Standards
Minimum Parcel Size (sq. ft.) 5,000
Minimum Parcel Width (ft.) 50′
Minimum Parcel Depth (ft.) 100′
Maximum Density; Parcels
along the Pacific Coast Highway
between the Santa Monica Pier
and the north City limits
Parcels 4,000 sq. ft. or more: 1 dwelling unit/1,500 sq.
ft.
Parcels less than 4,000 sq. ft.: 1 dwelling unit/parcel if
existing, no new dwelling units
No more than 1 dwelling unit
shall be permitted on a parcel 40
ft. or less in width
Maximum FAR Section 9.04.080, Determining
FAR
Tier 1—Base Standard
1.5; 0.5 for parcels located along the Pacific Coast
Highway between the Santa Monica Pier and the north
City limits
Tier 2—With Provision of
Community Benefits 2.0 Chapter 9.23, Community
Benefits
100% Affordable Housing
Projects 2.25
Limited to 50 or fewer units;
Chapter 9.64, Affordable
Housing Production Program
Santa Monica Pier Maximum FAR
The Deauville site to the
north, Seaside Terrace to the
south, The Ocean Front
Walk to the west, and Ocean
Avenue to the east, except
parcels fronting on Ocean
Avenue
1.0
Parcels fronting on Ocean
Avenue 0.5
Maximum Parcel Coverage (%) 70; 50 on parcels along the Pacific Coast Highway
between the Santa Monica Pier and the north City limits
Building Form and Location
Maximum Building Height
(stories/ft.)
One story for newly constructed stand-alone restaurants
except for the Santa Monica Pier
Section 9.04.050 Measuring
Height
Tier 1—Base Standard
2/32′;
2/23′ (flat roof) or 2/30′ (pitched roof) for parcels
located along the Pacific Coast Highway between the
Santa Monica Pier and the north City limits
Tier 1—Projects Including
On-Site Affordable Housing
in Compliance with AHPP
3/36′ Chapter 9.64, Affordable
Housing Production Program
100% Affordable Housing
Projects No limit to number of stories/47′
Limited to 50 or fewer units;
Chapter 9.64, Affordable
Housing Production Program
Tier 2—With Provision of
Community Benefits 3/47′ Chapter 9.23, Community
Benefits
Tier 2—With Provision of
Community Benefits and
100% Residential Above the
Ground Floor
No limit to stories/47′ Chapter 9.23, Community
Benefits
Santa Monica Pier Maximum Building Height (stories/ft.) Section 9.04.050, Measuring
Height
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TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT
Standard OF Additional Regulations
The Deauville site to the
north, Seaside Terrace to the
south, The Promenade to the
west, and Ocean Avenue to
the east, including parcels
fronting on Ocean Avenue
2/30′
Amusement Rides on the
Santa Monica Pier
85 ft. for one Ferris wheel; 55 ft. for one roller coaster;
45 ft. for all other amusement rides
Street-Facing Façades (ft.)
Minimum Ground Floor
(Floor-to-Floor) Height for
Nonresidential Uses
11′
Maximum Ground Floor
(Floor-to-Floor) Height for
Nonresidential Uses
16′
Active Commercial Design See (A)
Pedestrian Oriented Design See (B)
Exterior Lighting See (D)
Minimum Setbacks (ft., measured from parcel line)
Street Frontage
5 ft. from street fronting parcel line except for 20 ft. on
Pacific Coast Highway between northern City limits and
Santa Monica Pier. See (C)
Rear
15 ft. if adjacent to a residential use; 25 ft. for beach
rear setback on parcels over 100 ft. in depth located
along the Pacific Coast Highway between the Santa
Monica Pier and the north City limits
Side
If adjacent to a residential use, see (E); for parcels
located along the Pacific Coast Highway between the
Santa Monica Pier and the north City limits, see (E)
Minimum Upper-Story Stepbacks (ft.)—Required Above Maximum Ground Floor Height
Street-Facing Façades
At least 30% of the building elevation above the
maximum ground floor height shall provide an
additional 5-foot average setback from the minimum
required front yard setback
Daylight Plane Adjacent to
Residential Use—Interior Side
and Rear Setbacks
See (F) Section 9.21.070, Height
Exceptions
View Corridors See (G)
Standards for Residential Uses
Minimum Outdoor Living Area
(sq. ft./unit)—Sites with 3 or
More Units
100 Section 9.21.090, Outdoor Living
Area
Minimum Amount Provided
as Private Outdoor Living
Area (sq. ft./unit)
60
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Accessory Food Service Section 9.31.030, Accessory Food Service
Accessory Structures Section 9.21.020, Accessory Buildings and Structures
Exceptions to Height Limits Section 9.21.060, Height Exceptions
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TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT
Standard OF Additional Regulations
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges
Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Landscaping Subsection 9.14.030(H), Landscaping; Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation
Projections into Required
Setbacks Section 9.21.110, Projections into Required Setbacks
Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems
Trash Screening and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards
Section 9. Santa Monica Municipal Code Section 9.15.020 is hereby amended to
read as follows:
9.15.020 Land Use Regulations
Table 9.15.020 prescribes the land use regulations for Public and Semi-Public Districts.
The regulations for each district are established by letter designations listed below. These
designations apply strictly to the permissibility of land uses; applications for buildings or
structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with
specific limitations listed at the end of the table.
“CUP” designates use classifications that are permitted after review and approval of a
Conditional Use Permit.
“MUP” designates use classifications that are permitted after review and approval of a
Minor Use Permit.
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“–” designates uses that are not permitted.
Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and sub-
classifications not listed in the table are prohibited. Accessory uses are permissible when
they are determined by the Zoning Administrator to be necessary and customarily
associated with and appropriate, incidental, and subordinate to, the principal uses and
which are consistent and not more disturbing or disruptive than permitted uses. The table
also notes additional use regulations that apply to various uses. Section numbers in the
right-hand column refer to other Sections of this Ordinance.
TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS
Use Classification CC PL OS Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.
Multiple-Unit Dwelling L (1) - -
Accessory Dwelling Unit P - - Section 9.31.025, Accessory Dwelling Unit
and Junior Accessory Dwelling Units
Senior Citizen Multiple-Unit
Residential L (1) - -
Single Room Occupancy Housing L (1) - -
Group Residential L (1) - -
Congregate Housing L (1) - - Section 9.31.110, Congregate and
Transitional Housing
Senior Group Residential L (1) - - Section 9.31.310, Senior Group Residential
Emergency Shelters - P - Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.
Large P P P Section 9.31.140, Family Day Care, Large
Small P P P
Residential Care Facilities See sub-classifications below.
Residential Care, General L (1) - - Section 9.31.270, Residential Care Facilities
Residential Care, Limited L (1) - - Section 9.31.270, Residential Care Facilities
Residential Care, Senior L (1) - - Section 9.31.270, Residential Care
Facilities
Hospice, General - - -
Hospice, Limited - - -
Supportive Housing L (1) - -
Transitional Housing L (1) - -
Public and Semi-Public Uses
Adult Day Care P P P
Cemetery - P -
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TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS
Use Classification CC PL OS Additional Regulations
Child Care and Early Education
Facilities P P P Section 9.31.120, Child Care and Early
Education Facilities
Colleges and Trade Schools, Public or
Private L (3) P -
Community Assembly P P L (3)
Community Gardens - P P
Cultural Facilities P P P
Park and Recreations Facilities, Public P P P
Public Safety Facilities P P -
Schools, Public or Private L (3) P -
Social Service Centers P P -
Commercial Uses
Banks and Financial Institutions L (1) - -
Business Services L (1) - -
Commercial, Entertainment, and
Recreation See sub-classifications below.
Cinemas/Theaters - - MUP (3)
Convention and Conference
Centers P - -
Large-Scale Facility - - -
Small-Scale Facility - - - Section 9.31.340, Small-Scale Facility,
Game Arcades
Eating and Drinking Establishments See sub-classifications below.
Restaurants, Full-Service L (1) L (2) L (2) Section 9.31.040, Alcoholic Beverage Sales
Restaurants, Limited Service L (1) L (2) L (2) Section 9.31.040, Alcoholic Beverage Sales
Restaurants, Take-Out Only L (1) L (2) - Section 9.31.040, Alcoholic Beverage Sales
With Outdoor Eating Areas L (1) L (2) L (2) Section 9.31.200, Outdoor Dining and
Seating
Food Hall, (up to 175 seats) CUP CUP CUP
Food and Beverage Sales See sub-classifications below.
Convenience Markets L (1) - - Section 9.31.040, Alcoholic Beverage Sales
Farmers Markets - P CUP
General Markets L (1) - - Section 9.31.040, Alcoholic Beverage Sales
Live-Work L (1) - - Section 9.31.170, Live-Work Units
Lodging See sub-classifications below.
Hotels and Motels CUP - -
Offices See sub-classifications below.
Business and Professional L (4)/CUP L (3) -
Creative L (4)/CUP - -
Walk-In Clientele L (4)/CUP - -
Parking, Public or Private L (3) P L (5)
General Personal Services L (1) - -
Retail Sales See sub-classifications below.
General Retail Sales, Small-Scale L (1) - - Section 9.31.220, Outdoor Retail Display
and Sales
Swap Meet MUP MUP MUP Section 9.31.360, Swap Meets
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TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS
Use Classification CC PL OS Additional Regulations
Transportation, Communication, and Utilities Uses
Citywide Bikeshare Facility P P P
Communication Facilities See sub-classifications below.
Antennas and Transmission
Towers CUP CUP -
Equipment Within Buildings - P -
Utilities, Major - P -
Utilities, Minor - P -
Specific Limitations:
(1) Permitted as part of a mixed-use development. Residential uses not permitted on ground floor.
(2) Permitted only as an accessory to a primary use. Must be located within the same building as a primary use.
(3) Limited to public, quasi-public, or nonprofit establishments.
(4) Public, quasi-public, and nonprofit offices are permitted. Conditional Use Permit required for private offices.
(5) Limited to public parking for beach or park users.
Section 10. Santa Monica Municipal Code Section 9.27.050 is hereby amended
to read as follows:
9.27.050 Legal Nonconforming Uses
A legal, nonconforming use may be maintained subject to the following provisions:
A. Change of Ownership. A change of ownership, tenancy, or management of a
nonconforming use shall not affect its status as a legal, nonconforming use.
B. Abandonment. If a nonconforming use of a building, structure, or parcel ceases
for a continuous period of one year or more, the use shall be considered abandoned, and
the building, structure, or parcel shall thereafter be used only in accordance with the
regulations for the District in which it is located except as provided below. It is the
responsibility of the applicant to provide evidence demonstrating to the satisfaction of the
Director that the use was legally established and has not been abandoned.
Notwithstanding the above, no nonconforming residential use shall be considered
abandoned regardless of the length of time of non-use unless the Director determines the
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building is dangerous, unsafe, a health and safety hazard, and/or uninhabitable, and
these conditions cannot be remedied.
1. The one-year period to determine that a nonconforming use has been
abandoned shall commence when the use ceases and any one of the following occurs:
a. The business license lapses;
b. The site is vacated;
c. The lease is terminated;
d. Utilities are terminated; or
e. A conforming use that meets the applicable requirements of this
Ordinance is lawfully established in the space previously occupied by the
nonconforming use.
2. Once the one-year period has commenced under subsection (B)(1) that
period shall only be terminated if the nonconforming use is fully licensed, permitted, and
operational for 60 continuous days. Operational shall mean that the nonconforming use
is open for business to the public and provides services typically associated with the
nonconforming use during the hours and days that are customary for that nonconforming
use.
3. Cessation of use due to remodeling shall not be considered abandonment
so long as building permits are active in accordance with Chapter 8.08 of the Municipal
Code. However, if the building permit expires before the use resumes, the one-year
period under Subsection (B)(1) shall relate back and commence with the cessation of
use.
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4. Except as provided in Subsection (B)(5), no nonconforming use may be
resumed, reestablished, or reopened once it has been determined to have been
abandoned for one year.
5. If the nonconforming use of a building, structure, or parcel occurred in a
City-Designated Historic Resource, the nonconforming use may be resumed,
reestablished, or reopened even if that nonconforming use has been abandoned for more
than one year and other uses have occurred since that abandonment if a Conditional Use
Permit is obtained based on the following findings:
a. The City-Designated Historic Resource was not in residential use as
of December 16, 2014;
b. The proposed use is compatible with existing and permissible land
uses within the District and the general area in which the proposed use is to be
located;
c. The proposed use is compatible with any of the land uses presently
on the subject parcel if the land uses are to remain;
d. The physical location or placement of the use on the site is
compatible with and relates harmoniously to the surrounding neighborhood;
e. The subject parcel is physically suitable for the type of land use being
proposed; and
f. The proposed use would not be detrimental to the public interest,
health, safety, convenience, or general welfare.
6. Notwithstanding the foregoing, or anything to the contrary in this Ordinance,
the following legal, nonconforming uses may be resumed, reestablished, or reopened,
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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:
a. In areas excluding the Third Street Promenade Area:
i. Restaurant, full service;
ii. Restaurant, limited service and take-out;
iii. Food hall;
iv. General retail sales, small scale; and
v. General retail sales, medium scale.
b. In the Third Street Promenade Area:
i. Bar/nightclub/lounge;
ii. Restaurant, full service
iii. Restaurant, limited service and take-out;
iv. Food hall;
v. General retail sales, small scale; and
vi. General retail sales, medium scale.
C. Conversion to Conforming Use. If a nonconforming use is converted to a
conforming use, the nonconforming use may not be resumed except as authorized by
subsection (B)(5).
D. Expansion of Nonconforming Use. A nonconforming use of a building or portion
of a building that conforms to the development standards of this Chapter shall neither be
expanded into any other portion of the building nor changed except to a conforming use.
The nonconforming use of land shall not be expanded or extended in area.
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E. Intensification of Uses. A nonconforming use shall not be permitted to
substantially change in mode or character of operation. A substantial change in mode or
character of operation shall include, but is not limited to, addition of uses, a change in
operational hours that extends past 11:00 p.m. any night Sunday through Thursday
and/or midnight on Friday and/or Saturday or begins before 7:00 a.m., a 5 percent
increase in the floor area of the premises, or a 5 percent increase in the number of seats
in any restaurant, but in no case shall the increase exceed any established seating
limitation in the underlying zoning district.
F. Continuation/Reinstatement. The uses existing in a structure that have been
restored pursuant to Section 9.27.040 may be continued/reinstated in the
reconstructed/replacement structure so long as no continued/reinstated nonconforming
uses are expanded, changed or substituted.
G. Legal, Nonconforming Rent-Controlled Multiple-Unit Properties.
Notwithstanding subsection (D), existing multi-unit residential units in the R1 Single
Family Residential District that are presently controlled by Article XVIII of the City Charter
may be expanded in area provided such expansion complies with all other applicable
Code provisions, including those governing height, number of stories, setbacks,
stepbacks, parcel coverage and off-street parking (unless the City’s Parking and Traffic
Engineer determines that the provision of parking is not feasible), and the number of
housing units on the multi-unit residential property does not increase.
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Section 11. Santa Monica Municipal Code Section 9.28.020 is hereby amended
to read as follows;
9.28.020 Applicability
The requirements of this Chapter apply to the following.
A. New Buildings and Land Uses. On-site parking shall be provided according to the
provisions of this Chapter at the time any building or structure is erected or any new land
use is established.
B. Addition, Enlargement of Use, and Change of Use of Existing Non-Residential
Buildings.
1. Except as provided in subsection (B)(2), a change of use shall provide the
difference between the required parking ratio for the proposed use and one automobile
parking space per 300 square feet.
2. Changes in use that create an increase of 10 or fewer required parking
spaces, calculated in accordance with subsection (B)(1), shall not be required to provide
additional on-site automobile parking according to the provisions of this Chapter, except
that if the change of use is a restaurant, the calculation shall be based on the square
footage of the dining area only, and shall exclude any square footage dedicated to back-
of-house operations and outdoor dining. Bicycle parking shall be provided in accordance
with Section 9.28.140.
3. Existing parking shall be maintained and additional parking shall be required
only for such addition, enlargement, or change of use and not for the entire building or
site. If the number of existing parking spaces is greater than the requirements for such
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use, the number of spaces in excess of the prescribed minimum may be counted toward
meeting the parking requirements for the addition, enlargement, or change in use.
4. A change in occupancy is not considered a change in use unless the new
occupant is a different use than the former occupant.
C. Addition, Enlargement of Use, and Change of Use of Existing Residential
Buildings.
1. For any new commercial, cultural, health, industrial, or commercial
entertainment and recreation use of an existing residential building, structure including
any addition and enlargement of use, parking spaces in the number specified in Section
9.28.060, Required Off-Street Parking, shall be provided for the entire parcel.
2. For any new residential or educational use of an existing residential building
or structure such that the new residential or educational use will require a greater number
of parking spaces as compared to the previous use, parking spaces in the number
specified in Section 9.28.060, Required Off-Street Parking, shall be provided for the new
use.
D. Additions and Alterations to Residential Buildings. When an addition or
alteration is proposed to a residential building that does not currently provide parking in
compliance with this Chapter, the following regulations apply:
1. Multi-Unit Dwellings. Additional parking shall be required for the proposed
addition or alteration if it increases the number of bedrooms of existing units.
2. Increased Number of Dwelling Units. The creation of additional dwelling
units through the alteration of an existing building or construction of an additional structure
or structures requires the provision of on-site parking to serve the new dwelling units in
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compliance with the provisions of this Chapter. This requirement does not apply when
sufficient on-site parking exists to provide the number of spaces required for the existing
and new dwelling units in compliance with all applicable requirements.
E. Construction Timing. On-site parking facilities required by this Chapter shall be
constructed or installed prior to the issuance of a Certificate of Occupancy for the uses
that they serve.
Section 12. Santa Monica Municipal Code Section 9.28.060 is hereby amended
to read as follows:
9.28.060 Off-Street Parking
Off-street parking shall be provided in the quantities specified in Table 9.28.060, except
as otherwise provided in this Chapter and Section 9.31.025, Accessory Dwelling Units
and Junior Accessory Dwelling Units. If a proposed use is not listed in the table, the
Director may determine appropriate parking requirements.
TABLE 9.28.060: PARKING REGULATIONS BY USE AND LOCATION
Land Use
Classification
Citywide (Excluding Parking
Overlay Area 1, Downtown
Community Plan Area, and
Bergamot Area Plan Area) Parking Overlay Area 1
Downtown Community Plan
Area (maximum parking
allowed)
Residential Uses
Single-Unit Dwelling 2 spaces per dwelling unit 2 spaces per dwelling unit, which
may be tandem 2 spaces per dwelling unit
Accessory Dwelling
Unit 1 space per dwelling unit 1 space per dwelling unit N/A
Junior Accessory
Dwelling Unit N/A N/A N/A
Duplex, Multiple-
Unit Dwelling
Market Rate Units: Market Rate Units: Market Rate Units:
Guest = 1 space per 5 units Guest = 1 space per 10 units Guest = 1 space per 15 units
Studio, no bedrooms = 1 space per
unit
Studio, no bedrooms = 1 space per
unit
Studio, no bedrooms = 0.5 space
per unit
1 bedroom = 1.5 space per unit 1 bedroom = 1 space per unit 1 bedroom = 0.5 space per unit
2 or more bedrooms = 2 spaces per
unit
2 or more bedrooms = 1.5 spaces
per unit
2 or more bedrooms = 1 space per
unit
Deed Restricted Affordable Units: Deed Restricted Affordable Units: Deed Restricted Affordable Units:
Studio, no bedrooms = 0.5 space
per unit
Studio, no bedrooms = 0.5 space
per unit Guest = 1 space per 30 units
1 bedroom = 0.75 space per unit 1 bedroom = 0.5 space per dwelling
unit
Studio, no bedrooms = 0.25 space
per unit
2 or more bedrooms = 1 space per
unit
2 or more bedrooms = 1 space per
dwelling unit
1 bedroom = 0.25 space per unit
2 or more bedrooms = 0.5 space
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TABLE 9.28.060: PARKING REGULATIONS BY USE AND LOCATION
Land Use
Classification
Citywide (Excluding Parking
Overlay Area 1, Downtown
Community Plan Area, and
Bergamot Area Plan Area) Parking Overlay Area 1
Downtown Community Plan
Area (maximum parking
allowed)
per unit
Senior Citizen
Multiple-Unit
Residential
0.5 space per unit 0.5 space per unit 0.5 space per unit
Guest = 1 space per 5 units Guest = 1 space per 6 units Guest = 1 space per 6 units
Low and moderate income units =
0.25 space per unit
Low and moderate income units =
0.25 space per unit
Low and moderate income units =
0.25 space per unit
Single-Room
Occupancy Housing See Multiple-Unit Dwelling See Multiple-Unit Dwelling See Multiple-Unit Dwelling
Group Residential 0.5 space per bed 0.5 space per bed 0.5 space per bed
Congregate Housing 1 space per 5 beds 1 space per 5 beds 1 space per 5 beds
Senior Group
Residential
0.5 space per unit 0.5 space per unit 0.5 space per unit
Guest = 1 space per 5 units Guest = none required Guest = none required
Deed restricted affordable = 0.25
space per unit
Deed restricted affordable = 0.25
space per unit
Deed restricted affordable = 0.25
space per unit
Elderly and Long-
Term Care
0.5 space per bed plus one visitor
space per 5 beds 0.2 space per bed 0.2 space per bed
Family Day Care
Large None required other than what is
required for the existing residence
None required other than what is
required for the existing residence
None required other than what is
required for the existing residence
Small None required other than what is
required for the existing residence
None required other than what is
required for the existing residence
None required other than what is
required for the existing residence
Residential Facilities
Residential Care,
General
If more than 6 residents = 0.5 space
per bed plus 1 visitor space per 5
beds
If more than 6 residents = 0.5 space
per bed plus 1 visitor space per 5
beds
If more than 6 residents = 0.5
space per bed plus 1 visitor space
per 5 beds
Residential Care,
Limited
None required other than what is
required for existing residence
None required other than what is
required for existing residence
None required other than what is
required for existing residence
Residential Care,
Senior
If more than 6 residents = 0.25
space per bed plus 1 visitor space
per 5 beds
If more than 6 residents = 0.25
space per bed plus 1 visitor space
per 5 beds
If more than 6 residents = 0.25
space per bed plus 1 visitor space
per 5 beds
If less than 6 residents = none other
than what is required for the
existing residence
If less than 6 residents = none other
than what is required for the
existing residence
If less than 6 residents = none
other than what is required for the
existing residence
Hospice, General
If more than 6 residents = 0.25
space per bed plus 1 visitor space
per 5 beds
If more than 6 residents = 1 space
per 5 beds
If more than 6 residents = 1 space
per 5 beds
If less than 6 residents = none other
than what is required for the
existing residence
If less than 6 residents = none other
than what is required for the
existing residence
If less than 6 residents = none
other than what is required for the
existing residence
Hospice, Limited None required other than what is
required for the existing residence
None required other than what is
required for the existing residence
None required other than what is
required for the existing residence
Supportive Housing
If more than 6 residents = 0.5 space
per bed plus 1 visitor space per 5
beds
If more than 6 residents = 1 space
per 5 beds
If more than 6 residents = 1 space
per 5 beds
If less than 6 residents = none other
than what is required for the
existing residence
If less than 6 residents = none other
than what is required for the
existing residence
If less than 6 residents = none
other than what is required for the
existing residence
Transitional Housing None other than what is required for
residential type
None other than what is required for
residential type
None other than what is required
for residential type
Public and Semi-Public Uses
Adult Day Care 1 space per 500 sq. ft. 1 space per 500 sq. ft. 1 space per 500 sq. ft.
Child Care and Early
Education Facilities 1 space per 500 sq. ft. 1 space per 500 sq. ft. 1 space per 500 sq. ft.
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TABLE 9.28.060: PARKING REGULATIONS BY USE AND LOCATION
Land Use
Classification
Citywide (Excluding Parking
Overlay Area 1, Downtown
Community Plan Area, and
Bergamot Area Plan Area) Parking Overlay Area 1
Downtown Community Plan
Area (maximum parking
allowed)
Colleges and Trade
Schools, Public or
Private
1 space per 80 sq. ft. of assembly or
classroom area or 1 space per every
4 fixed seats, whichever is greater
1 space per 100 sq. ft. of assembly
or classroom area or 1 space per
every 5 fixed seats, whichever is
greater
1 space per 100 sq. ft. of assembly
or classroom area or 1 space per
every 5 fixed seats, whichever is
greater
Community Assembly 1 space for each 4 seats 1 space for each 6 seats 1 space for each 6 seats
Cultural Facilities 1 space per 300 sq. ft. 1 space per 500 sq. ft. 1 space per 500 sq. ft.
Emergency Shelters 1 space per 10 beds 1 space per 10 beds 1 space per 10 beds
Hospitals and Clinics 1 space per 250 sq. ft. 1 space per 250 sq. ft. 1 space per 250 sq. ft.
Schools, Public or
Private
Elementary and Middle Schools: Elementary and Middle Schools: Elementary and Middle Schools:
2 spaces per classroom 1.75 spaces per classroom 1.75 spaces per classroom
High Schools: High Schools: High Schools:
5 spaces per classroom 4 spaces per classroom 4 spaces per classroom
Social Service Centers 1 space per 300 sq. ft. 1 space per 300 sq. ft. 1 space per 300 sq. ft.
Commercial Uses
Animal Care, Sales, and Services
Grooming and Pet
Stores See Retail Sales See Retail Sales See Retail Sales
Kennel 1 space per 1,000 sq. ft. 1 space per 1,000 sq. ft. 1 space per 1,000 sq. ft.
Pet Day Care
Services 1 space per 500 sq. ft. 1 space per 1,000 sq. ft. 1 space per 1,000 sq. ft.
Veterinary Services See Medical Office See Medical Office See Medical Office
Automobile/Vehicle Sales and Service
Alternative Fuels and
Recharging Facilities
2 spaces for self-service station 2 spaces for self-service station 2 spaces for self-service station
1 space per 100 sq. ft. of retail 1 space per 100 sq. ft. of retail 1 space per 100 sq. ft. of retail
Automobile Rental
1 space per 500 sq. ft. 1 space per 500 sq. ft.
N/A 1 space per 1,000 sq. ft. of outdoor
rental storage area
1 space per 1,000 sq. ft. of outdoor
rental storage area
Automobile Storage
Uses 1 space 1 space -
Automobile/Vehicle
Sales and Leasing
1 space per 300 sq. ft. for offices
plus
1 space per 300 sq. ft. for offices
plus
1 space per 300 sq. ft. for offices
plus
1 space per 1,000 sq. ft. of net new
display area and requirements for
automobile repair where applicable
1 space per 1,000 sq. ft. of net new
display area and requirements for
automobile repair where applicable
1 space per 1,000 sq. ft. of net
new display area and requirements
for automobile repair where
applicable
Automobile/Vehicle
Repair, Major and
Minor
1 space per 500 sq. ft. of non-
service bay floor area
1 space per 500 sq. ft. of non-
service bay floor area
1 space per 500 sq. ft. of non-
service bay floor area
2 spaces per service bay 2 spaces per service bay 2 spaces per service bay
Automobile/Vehicle
Washing
2 spaces for each washing stall, not
including the stall
2 spaces for each washing stall, not
including the stall
2 spaces for each washing stall,
not including the stall
Service Station
2 spaces if self-service station 2 spaces if self-service station 2 spaces if self-service station
1 space per 100 sq. ft. of retail 1 space per 100 sq. ft. of retail 1 space per 100 sq. ft. of retail
Must follow requirements for repair
where applicable
Must follow requirements for repair
where applicable
Must follow requirements for
repair where applicable
Banks and Financial Institutions
Banks and Credit
Unions
See Business, Professional, and
Creative Office
See Business, Professional, and
Creative Office 1 space per 300 sq. ft.
Check Cashing
Businesses
See Business, Professional, and
Creative Office
See Business, Professional, and
Creative Office N/A
Business Services See Business, Professional, and
Creative Office
See Business, Professional, and
Creative Office
See Business, Professional, and
Creative Office
Commercial Entertainment and Recreation
Cinemas 1 space per 4 seats 1 space per 4 seats Up to 99 seats = 1 space for every
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TABLE 9.28.060: PARKING REGULATIONS BY USE AND LOCATION
Land Use
Classification
Citywide (Excluding Parking
Overlay Area 1, Downtown
Community Plan Area, and
Bergamot Area Plan Area) Parking Overlay Area 1
Downtown Community Plan
Area (maximum parking
allowed)
8 fixed seats
> 99 seats = 1 space for every 5
fixed seats
Theaters 1 space per 4 seats 1 space per 4 seats See Cinemas
Convention and
Conference Centers 1 space per 80 sq. ft. 1 space per 100 sq. ft. 1 space per 100 sq. ft.
Large-Scale
Facilities 1 space per 80 sq. ft. 1 space per 100 sq. ft. 1 space per 100 sq. ft.
Small-Scale
Facilities, less than
1,500 sq. ft.
1 space per 300 sq. ft. 1 space per 300 sq. ft. 1 space per 500 sq. ft.
Small-Scale
Facilities, 1,500 sq.
ft. and more
1 space per 80 sq. ft. 1 space per 100 sq. ft. 1 space per 500 sq. ft.
Instructional Services See Retail Sales See Retail Sales See Retail Sales
Eating and Drinking Establishments
Bars/Nightclubs/
Lounges 1 space per 50 sq. ft. 1 space per 50 sq. ft. 1 space per 500 sq. ft.
Restaurants, less than
2,500 sq. ft. 1 space per 300 sq. ft. 1 space per 500 sq. ft. 1 space per 500 sq. ft.
Restaurants, 2,500 –
5,000 sq. ft. 1 space per 200 sq. ft. 1 space per 200 sq. ft. 1 space per 500 sq. ft.
Restaurants, 5,000+
sq. ft. 1 space per 125 sq. ft. 1 space per 125 sq. ft. 1 space per 300 sq. ft.
Restaurant Outdoor
Eating Areas, less
than 200 sq. ft.
None None None
Restaurant Outdoor
Eating Areas, 200 sq.
ft. and more
Food Hall
Same as required for restaurant type
1 space per 300 sq. ft.
Same as required for restaurant type
1 space per 500 sq. ft.
Outdoor eating areas less than 500
sq. ft. = no additional parking.
Outdoor eating areas 500 sq. ft.
and more = same as required for
restaurant type.
1 space per 500 sq. ft.
Equipment Rental See Retail Sales See Retail Sales See Retail Sales
Food and Beverage Sales
Convenience Market See Retail Sales See Retail Sales See General Market
General Market less
than 2,500 sq. ft. 1 space per 300 sq. ft. 1 space per 500 sq. ft. 1 space per 500 sq. ft.
General Market
2,500-5,000 sq. ft. 1 space per 250 sq. ft. 1 space per 300 sq. ft. 1 space per 500 sq. ft.
General Market
5,000+ sq. ft. 1 space per 250 sq. ft. 1 space per 300 sq. ft. 1 space per 300 sq. ft.
Liquor Stores See Retail Sales See Retail Sales See General Market
Funeral Parlors and
Mortuaries
1 space per 80 sq. ft. or 1 space per
4 seats, whichever is higher
1 space per 100 sq. ft. or 1 space per
6 seats, whichever is higher
1 space per 100 sq. ft. or 1 space
per 6 seats, whichever is higher
Live-Work 1 space per unit plus 1 space per unit plus 1 space per 500 sq.ft.
1 guest space per unit 1 guest space per unit
Lodging
Bed and Breakfast 1 space per room plus parking
required for dwelling unit 1 space per room 1 space per room
Hotels and Motels
1 space per room plus 1 space per
200 sq. ft. of meeting and banquet
space
0.75 space per room plus 1 space
per 250 sq. ft. of meeting and
banquet space
0.5 space per guest room plus 1
space for each 250 sq. ft. used for
meetings and banquets.
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TABLE 9.28.060: PARKING REGULATIONS BY USE AND LOCATION
Land Use
Classification
Citywide (Excluding Parking
Overlay Area 1, Downtown
Community Plan Area, and
Bergamot Area Plan Area) Parking Overlay Area 1
Downtown Community Plan
Area (maximum parking
allowed)
Other uses such as bars,
restaurants, retail and services
which are open to the general
public shall provide parking as
required for the use at a rate ½ the
individual use.
Maintenance and
Repair Services See Retail Sales See Retail Sales See Retail Sales
Nurseries and
Garden Centers
Interior spaces see Retail Sales, plus Interior space see Retail Sales, plus Interior space see Retail Sales,
plus
1 space per 1,000 sq. ft. of outdoor
display and storage area
1 space per 1,000 sq. ft. of outdoor
display and storage area
1 space per 1,000 sq. ft. of outdoor
display and storage area
Offices
Business,
Professional,
Creative, less than
2,500 sq. ft.
1 space per 300 sq. ft. 1 space per 500 sq. ft. 1 space per 500 sq. ft.
Business,
Professional,
Creative, 2,500+ sq.
ft.
1 space per 300 sq. ft. 1 space per 450 sq. ft. 1 space per 500 sq. ft.
Medical and Dental,
less than 1,000 sq. ft. 1 space per 300 sq. ft. 1 space per 300 sq. ft. 1 space per 300 sq. ft.
Medical and Dental,
1,000+ sq. ft. 1 space per 250 sq. ft. 1 space per 250 sq. ft. 1 space per 300 sq. ft.
Walk-In Clientele See Business, Professional, and
Creative Office
See Business, Professional, and
Creative Office
See Business, Professional, and
Creative Office
Personal Services
General Personal
Services See Retail Sales See Retail Sales See Retail Sales
Tattoo or Body
Modification Parlor See Retail Sales See Retail Sales See Retail Sales
Physical Training See Retail Sales See Retail Sales See Retail Sales
Retail Sales
Retail, less than
2,500 sq. ft. 1 space per 300 sq. ft. 1 space per 500 sq. ft. 1 space per 500 sq. ft.
Retail, 2,500 – 5,000
sq. ft. 1 space per 300 sq. ft. 1 space per 300 sq. ft. 1 space per 500 sq. ft.
Retail, 5,000 sq. ft. or
more 1 space per 300 sq. ft. 1 space per 300 sq. ft. 1 space per 300 sq. ft.
Industrial Uses
Artist’s Studio 1 space per 400 sq. ft. 1 space per 400 sq. ft. 1 space per 1,000 sq. ft.
Commercial Kitchens 1 space per 300 sq. ft. 1 space per 300 sq. ft. 1 space per 300 sq. ft.
Industry, General 1 space per 400 sq. ft. 1 space per 400 sq. ft. N/A
Industry, Limited 1 space per 400 sq. ft. 1 space per 1,000 sq. ft. N/A
Media Production
1 space per 400 sq. ft. of studio
space
1 space per 400 sq. ft. 1 space per 500 sq. ft. 1 space per 300 sq. ft. of editing
space
1 space per 300 sq. ft. of
administrative space
Research and
Development 1 space per 300 sq. ft. 1 space per 1,000 sq. ft. N/A
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TABLE 9.28.060: PARKING REGULATIONS BY USE AND LOCATION
Land Use
Classification
Citywide (Excluding Parking
Overlay Area 1, Downtown
Community Plan Area, and
Bergamot Area Plan Area) Parking Overlay Area 1
Downtown Community Plan
Area (maximum parking
allowed)
Warehousing, Storage, and Distribution
Indoor Warehousing
and Storage 1 space per 1,000 sq. ft. 1 space per 1,000 sq. ft. N/A
Personal Storage 1 space per 4,000 sq. ft. 1 space per 4,000 sq. ft. N/A
Wholesaling and
Distribution 1 space per 1,000 sq. ft. 1 space per 1,000 sq. ft. N/A
Section 13. Santa Monica Municipal Code Section 9.28.080 is hereby amended
to read as follows:
9.28.080 Loading Spaces
A. Purpose. Loading spaces are required to ensure adequate areas for loading
purposes for all on-site uses so that commercial and passenger loading activities will be
conducted without negatively affecting traffic safety or the quality of abutting public streets
for people walking, bicycling, or driving. Loading spaces also facilitate low-car-use
lifestyles by supporting shared delivery and passenger transportation services.
B. Applicability. The regulations in this Section shall apply to existing and proposed
projects with new buildings, additions, or changes of use, and shall govern design of both
required and non-required loading areas, except as provided in 9.28.080(C), Parking and
Loading Operations Plan.
C. Parking and Loading Operations Plan.
1. Except as provided in paragraph 2, below, no building permit shall be issued
for a change of use of up to 5,000 square feet 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 Section 9.28.080, approve a parking
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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 this Section 9.28.080.
2. Notwithstanding the provisions of paragraph 1, above, no building permit
shall be issued for a new building, addition, enlargement of use, or change in use within
the Downtown Community Plan Area, excluding the Ocean Transition (OT) District, which
shall be subject to the provisions of paragraph, 1, above, 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 Section 9.28.080, 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 this Section
9.28.080.
3. Review Procedure. 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 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. When determining whether to grant a waiver of a loading
requirement, the Director shall consider existing site conditions, including the location of
existing improvements, and whether the abutting rights-of way can accommodate loading
without disruption to traffic circulation, public health and safety services (e.g. police, fire,
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etc.), and public infrastructure and utilities. No waiver shall be granted for a semi-tractor
trailer loading space.
D. Submittal of Loading Plan. As part of the application for all applicable projects, a
loading plan shall be submitted. The plan shall include a site plan dimensioning all
required and non-required loading spaces and indicating the path of travel to the space
and the path of travel for the goods or passengers from the loading space. The approved
loading plan shall be retained on-site at all times and shall be made available to all site
users.
E. Loading Space Dimensions. Loading spaces shall comply with the following
standards, as required in this Section. Loading spaces shall not count as parking spaces.
1. A standard loading space shall be at least 30 feet long, 12 feet wide, and
have a clearance of 14 feet.
2. A semi-tractor trailer loading space shall be at least 65 feet long, 15 feet
wide, and have a clearance of 14 feet.
3. A passenger loading space shall be at least 18 feet long and 10 feet wide.
Design should not reduce pedestrian orientation of the site or increase the number of
curb-cuts and shall not require pedestrians to cross a driveway, parking aisle, alley, or
street in order to reach the building entrance. The spaces must be accessible without a
key or access card and located as close as practicable to the building entrance or
passenger elevator.
F. Number of Loading Spaces Required. Projects shall provide loading spaces as
follows:
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1. Residential Only.
a. Projects with more than 50 units shall be required to provide 1
standard loading space.
2. Commercial Only.
a. Projects with 2,500 or less square feet of floor area shall not be
required to provide loading.
b. Projects with 2,501 to 7,500 square feet of floor area shall provide 1
passenger loading space at grade.
c. Projects with 7,501 to 50,000 square feet of floor area shall provide
1 standard loading space; however, if the use includes a market, restaurant, or
other food sales and service of more than 5,000 square feet of floor area, the
required loading space shall be a semi-tractor trailer loading space.
d. Projects with 50,000 or more square feet of floor area shall provide
1 passenger loading space and one standard loading space; however, if the use
includes a market, restaurant, or other food sales and service of more than 5,000
square feet of floor area, the required loading space shall be a semi-tractor trailer
loading space.
3. Mixed-Use Projects. Mixed-use projects shall provide the required loading
spaces for the use that requires the greater number of loading spaces. If the number of
required loading spaces for the residential and commercial uses is equal, the loading
space with the greater dimensional requirements shall be required.
4. Schools and Day Care Centers. Schools and day care centers shall
provide loading spaces based on enrollment as follows:
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Table 9.28.080.E.4: SCHOOLS AND DAY CARE CENTER LOADING SPACES
Enrollment (students) Loading Requirement
1-20 2 Passenger
21-60 4 Passenger
61-299 6 Passenger
1 Standard
300 and over 8 Passenger
1 Standard
In addition, uses of this type with less than 61 students and an on-site cafeteria or similar
food service shall provide one standard loading space.
5. All projects with more than 100,000 square feet of Commercial Use floor
area: The Director may require additional loading spaces based on the project’s needs
and site feasibility.
G. Location of Loading Spaces. Loading areas shall be located as follows:
1. All loading facilities shall be provided off-street and within the subject
property. The Director may authorize up to one required on-street passenger loading
space along a frontage curb for certain designated times for schools and Child Care and
Early Education Facilities.
2. Loading spaces shall be located adjacent to building door openings.
3. Loading spaces shall be situated to minimize interference with automobile,
pedestrian, and bicycle paths of travel.
4. Loading spaces shall be situated to avoid adverse impacts upon
neighboring properties, including noise pollution.
5. Loading spaces shall be accessible from an alley, or if no alley is adjacent
to the site, a minor roadway.
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6. Loading spaces shall be located in the required rear setback provided that
it is not located in any required landscaped area and provided that no portion of a street
or alley is counted as part of the required loading area.
H. Design of Loading Spaces.
1. Screening. Loading areas adjacent to residential uses or public streets or
alleys shall be screened or a design shall be provided for approval by the Director.
2. Identification. Loading areas shall be designed, laid out, and clearly
marked as being distinct from required parking spaces and aisles, unless the City
approves the use of the parking area as an undesignated overlay loading area during
non-business hours.
3. Obstructions Prohibited. No walkway, mechanical equipment, utility,
waste collection/disposal receptacle, or other equipment or fixture may be placed in any
loading area.
I. Loading Space(s) Driveways and Maneuvering Areas. Each on-site loading
space required by this Chapter shall be provided with driveways for ingress and egress
and maneuvering space of the same type and meeting the same criteria required for on-
site parking spaces. Truck-maneuvering areas shall not encroach into required parking
areas, travelways, or street rights-of-way. This requirement may be modified upon a
finding by the Director that sufficient space is provided so that truck-maneuvering areas
will not interfere with vehicle and pedestrian circulation.
J. Exceptions for Buildings under 10,000 Square Feet. Notwithstanding the
requirements of this Chapter, a waiver or reduction in the number and/or dimensions of
loading areas and spaces may be permitted by the Director for projects that will result in
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a total of less than 10,000 square feet on the property if it is determined that the only
feasible location for a loading zone within the project boundaries will detract from the
project’s pedestrian orientation and thereby not meet the City’s intent to create active,
lively streetscapes.
K. Exceptions to Providing Semi-Tractor Trailer Loading. Notwithstanding the
requirements of this Chapter, if a project is adjacent to an alley and the Director
determines that the provision of parking for a semi-tractor trailer is not feasible, a 10-foot
by 50-foot area parallel and adjacent to the alley may be dedicated for loading and
unloading. No projections may be permitted if they would otherwise render the area
inadequate for loading.
Section 14. Santa Monica Municipal Code Section 9.31.040 is hereby amended
to read as follows:
9.31.040 Alcoholic Beverage Sales
A. Purpose.
1. To limit the potential for community problems such as public drunkenness,
drunk driving, traffic accidents, violent crime, noise, and nuisance from an overabundance
or overconcentration of the availability of alcohol and its consumption. To regulate
traditional alcohol outlets, including bars, restaurants, liquor stores, and supermarkets, as
well as new types of alcohol outlets, to ensure that public health, safety, and welfare are
not threatened.
2. To establish control measures that will permit the City to review and approve
new alcohol outlets on a case-by-case basis and to condition that approval based on the
specific type of alcohol outlet, neighborhood location, and potential problems involved.
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B. Conditional Use Permit Required. No person shall dispense for sale or other
consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled
spirits, for on-site or off-site consumption without first obtaining a Conditional Use Permit
unless the proposed use has received an Alcohol Exemption Zoning Conformance Permit
in accordance with subsection D or is otherwise determined to be exempt after a Zoning
Conformance Review in accordance with subsection E.
C. Findings for Approval of Conditional Use Permit. The Planning Commission,
or the City Council on appeal, may approve the dispensing, for sale or other consideration,
alcoholic beverages, including beer, wine, malt beverages, and distilled spirits for on-site
or off-site consumption only if, in addition to the required findings for Conditional Use
Permits contained in Section 9.41.060, Required Findings (for a Conditional Use Permit),
all of the following findings can be made in an affirmative manner:
1. The proposed alcohol sales will not adversely affect the welfare of
neighborhood residents in a significant manner;
2. The proposed alcohol sales will not contribute to an undue concentration of
alcohol outlets in the area;
3. The proposed alcohol sales will not detrimentally affect nearby
neighborhoods, considering the distance of the alcohol outlet to residential buildings,
churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets; and
4. The sale of alcohol will not increase traffic congestion or generate a demand
for parking that will adversely affect surrounding businesses and residents.
D. Alcohol Exemption Zoning Conformance Permit.
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1. Citywide Excluding Third Street Promenade Area and Santa Monica Pier.
Except as provided in subsections 2 and 3, below, limited and full-service restaurants that
offer alcoholic beverages incidental to meal service shall be exempt from the provisions
of the Conditional Use Permit requirement of subsection B of this Section 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:
a. If a counter service area is provided, food service shall be available
at all hours the counter is open for patrons, and the counter area shall not function
as a separate bar area;
b. Window or other signage visible from the public right-of-way that
advertises beer or alcohol shall not be permitted;
c. Customers shall be permitted to order meals at all times and at all
locations where alcohol is being served. The establishment shall serve food to
patrons during all hours the establishment is open for customers;
d. The premises shall maintain a kitchen or food-serving area in which
a variety of food is prepared on the premises;
e. Sale of alcoholic beverages for consumption beyond the premises
shall be permitted if authorized by the premises’ California Alcoholic Beverage
Control (“ABC”) license;
f. No video or other amusement games shall be permitted on the
premises;
g. Entertainment may only be permitted in the manner set forth in
Section 9.31.290, Restaurants with Entertainment;
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h. The primary use of any outdoor dining area shall be for seated meal
service. Patrons who are standing in the outdoor seating area shall not be served;
i. The operation shall at all times be conducted in a manner not
detrimental to surrounding properties by reason of lights, noise, activities or other
actions. The operator shall control noisy patrons leaving the restaurant;
j. The permitted hours of alcoholic beverage service shall be 8:00 a.m.
to 12:00 a.m. with complete closure and all employees vacated from the building
by 1:00 a.m. All alcoholic beverages must be removed from the outdoor dining
area no later than 11:00 p.m. Sunday through Thursday. No after-hours operation
is permitted;
k. Liquor bottle service shall be prohibited. Wine and beer bottle
service shall not be available to patrons unless full meal 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, etc., in which patrons are able to then
make their own drinks or pour their own wine or beer. All food items shall be
available from the premises’ full service menu;
l. No organized queuing of patrons at the entry or checking of
identification to control entry into and within the establishment shall be permitted.
There shall not be any age limitation imposed restricting access to any portion of
the restaurant;
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m. 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 restaurant;
n. Establishments with amplified music shall be required to comply with
Chapter 4.12, Noise, of the Santa Monica Municipal Code;
o. Prior to occupancy, a security plan shall be submitted to the Chief of
Police for review and approval. The plan shall address both physical and
operational security issues;
p. Prior to occupancy, the operator 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 employee shall
attend the alcohol awareness training within 90 days of hiring. In the event the ABC
no longer sponsors an alcohol awareness training program, all employees having
contact with the public shall complete an alternative program approved by the
Director. The operator shall provide the City with an annual report regarding
compliance with this requirement. The operator shall be subject to any future
Citywide alcohol awareness training program affecting similar establishments;
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q. 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
State ABC;
r. Prior to occupancy, the operator shall submit a plan describing the
establishment’s designated driver program, which shall be offered by the operator
to the establishment’s patrons. The plan shall specify how the operator will inform
patrons of the program, such as offering on the menu a free non-alcoholic drink for
every party of 2 or more ordering alcoholic beverages;
s. Notices shall be prominently displayed urging patrons to leave the
premises and neighborhood in a quiet, peaceful, and orderly fashion and to please
not litter or block driveways in the neighborhood;
t. Employees of the establishment shall walk a 100-foot radius from the
facility 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; and
u. 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.
v. 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.
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2. Third Street Promenade Area. Notwithstanding the provisions of paragraph
1, above, in the Third Street Promenade Area, limited and full-service restaurants, food
halls, bars/nightclubs/lounges, and small and medium scale general retail sales shall be
exempt from the provisions of the Conditional Use Permit requirement of subsection B of
this Section 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:
a. The permitted hours of alcoholic beverage service shall be 8:00 a.m.
to 2:00 a.m. daily.
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.
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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.
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
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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 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.
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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.
3. Santa Monica Pier. Notwithstanding the provisions of paragraph 1, above,
limited and full service restaurants, bars/nightclubs/lounges, food halls, and small and
medium scale general retail sales on the Santa Monica Pier shall be exempt from the
provisions of the Conditional Use Permit requirement of subsection B of this Section 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:
a. The permitted hours of alcoholic beverage service shall be 8:00 a.m.
to 2:00 a.m. daily.
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.
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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.
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.
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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 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
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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.
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.
4. With respect to the Director’s decision for Alcohol Exemption Zoning
Conformance Permits for restaurants with over 50 seats, within 2 business days
from the date when the determination has been made concerning the application
and posted on the City’s website, the Director shall transmit a notice of
determination that summarizes the determination and provides a website link to
the Statement of Official Action to the applicant at the address shown on the
application and to all property owners and residential and commercial tenants
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within a radius of 750 feet from the exterior boundaries of the property involved in
the application.
E. Zoning Conformance Review.
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 in accordance with the following:
a. Except as provided in paragraph b, below, an existing alcohol outlet
that was lawfully established and is nonconforming solely due to the lack of an
approved Conditional Use Permit is exempt from the requirements of this Section
if the licensed premises have remained in continuous operation without substantial
change in mode or character of operation. Approval of a Conditional Use Permit
shall be required for a change in the licensed classification. The operation of an
existing nonconforming alcohol outlet shall be considered lapsed and a Conditional
Use Permit shall be required where operations have been discontinued for a period
of over 1 year.
i. The 1-year period to determine that a nonconforming alcohol
outlet has been abandoned shall commence when the use ceases and any
one of the following occurs:
(1) The business license lapses;
(2) The site is vacated;
(3) The lease is terminated;
(4) Utilities are terminated; or
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(5) A conforming use that meets the applicable
requirements of this Article is lawfully established in the space
previously occupied by the nonconforming alcohol outlet.
ii. Once the 1-year period has commenced under Subsection
(E)(1)(a)(i) that period shall only be terminated if the nonconforming alcohol
outlet is fully licensed, permitted, and operational for 60 continuous days.
Operational shall mean that the nonconforming alcohol outlet is open for
business to the public and provides services typically associated with the
nonconforming alcohol outlet during the hours and days that are customary
for that nonconforming alcohol outlet.
iii. Cessation of use due to remodeling shall not be considered
abandonment so long as building permits are active in accordance with
Chapter 8.08 of the Municipal Code. However, if the building permit expires
before the use resumes, the 1-year period under Subsection (E)(1)(a)(i)
shall relate back and commence with the cessation of use.
iv. Any existing premises where operations have been
discontinued for these time periods shall be required to obtain a Conditional
Use Permit prior to resuming business whether or not a Conditional Use
Permit was obtained in the past for the premises.
v. A substantial change in mode or character of operation shall
include, but is not limited to, a change in operational hours that extends past
11:00 p.m. Sunday through Thursday and midnight on Friday and Saturday,
a 5 percent increase in the floor area of the premises, a 10 percent increase
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in the shelf area used for the display of alcoholic beverages, queuing
outside the establishment, age requirements for entry, checking
identification at the door, implementing a cover charge, offering bottle
service, or a 5 percent increase 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.
(1) Bottle service shall mean the service of any full bottle
of liquor, wine, or beer, of more than 375 ml, along with glass ware,
mixers, garnishes, etc., in which patrons are able to then make their
own drinks or pour their own wine or beer.
(2) Cover charge shall mean requiring payment of customers
before they may enter the establishment.
b. Notwithstanding the provisions of paragraph a, above, when
an existing alcohol outlet (i) located within the Third Street Promenade Area
and (ii) 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 include, but is not limited to: a 5 percent increase in the floor
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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 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.
Section 15. Santa Monica Municipal Code Section 9.51.030 is hereby amended
to 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
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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,
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
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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.
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
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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
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
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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
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.
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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)
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
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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
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.
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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
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.
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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.
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
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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
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
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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
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,
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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.
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
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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
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.
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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
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;
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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
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
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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.
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.
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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).
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
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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,
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,
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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
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
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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.
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,
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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-
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
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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.:
(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-
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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.
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
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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.
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
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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;
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).
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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,
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.
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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.
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.
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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).
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
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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
mechanisms, as well as structures designed to support 1 or more reception or
transmission systems. Typical uses include wireless telecommunication towers
and facilities, radio towers, television towers, telephone exchange/microwave relay
towers, and cellular telephone transmission/personal communications systems
towers. See Division 3, Chapter 9.41, Telecommunications Facilities, for further
details.
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
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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
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 16. Santa Monica Municipal Code Section 9.52.010 is hereby amended
to read as follows:
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9.52.010 List of Terms
30% Income Household
50% Income Household
60% Income Household
80% Income Household
100% Affordable Housing Project
Abandoned, Abandonment
Abutting, Adjoining, or Adjacent
Access
Accessory Building
Accessory Dwelling Unit
Accessory Food Service
Accessory Structure
Accessory Use
Act of Nature
Affordable Rent
Alley
Alteration
Arcade
Area Median Income (AMI)
Artist
Attic
Awning
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Balcony
Base District
Base Height
Basement
Bathroom
Bay Window
Bedroom
Block
Buffer, Buffering
Building
Building, Accessory
Building, Principal
Building Code
Building Face
Building Envelope
Building Footprint
Building Height
Building Site
Build-To Line
California Department of Alcoholic Beverage Control (ABC)
California Environmental Quality Act (CEQA)
Canopy
Car Sharing
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Carport
Change of Use
Clerestory
City
City Council
City Engineer
City-Designated Contributing Building or Structure
City-Designated Historic Resource
City-Designated Landmark
City-Designated Structure of Merit
County
Conditionally Permitted
Construction
Corner Build-To Area
Courtyard
Cripple Wall
Curb Cut
Daylight Plane
Deck
Demising Wall
Demolition
Development
Development Agreement
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Director
Disability
Discretionary Permit
District
Domestic Violence Shelter
Driveway
Dwelling
Dwelling Unit
Easement
Effective Date
Emergency
Entrance
Environmental Review
Environmental Impact Report (EIR)
Erect
Excavation
Façade
Façade, Street-Facing
Feasible
Fee
Fence
Floor Area
Floor Area Ratio
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Footprint
Frontage, Street
Garage
Semi-Subterranean Garage
Subterranean Garage
Garage Sales
General Plan
Glare
Government Code
Grade
Average Natural Grade
Existing Grade
Finished Grade
Segmented Average Natural Grade
Theoretical Grade
Ground Floor
Ground Floor Street Frontage
Habitation
Hazardous Materials
Height
Historic Resource
Historic Resources Inventory
Home Occupation
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Household
Illegal Use
Intensity of Use
Intersection, Street
Junior Accessory Dwelling Unit
Kitchen
Landscape
Automatic Controller
Backflow Prevention Device
Groundcover
Hedge
Irrigation System
Landscaping
Moisture Sensing Device
Mulch
Plant Area
Lighting
Foot-Candle
Light Fixture
Shielded Fixture
Lightwell
Living Quarters
Loading Space
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Loft
Lot
Maintenance and Repair
Manufactured Housing
Mezzanine
Mixed-Use Development
Mobile Home Park
Natural Disaster
Nonconforming Building
Nonconforming Structure
Nonconforming Use
Open Space
Open Space, Common
Open Space, Private
Open Space, Usable
Outdoor Sales, Temporary and Seasonal
Outdoor Storage
Overlay District
Parapet
Parcel
Parcel, Corner
Parcel, Flag
Parcel, Key
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Parcel, Reversed Corner
Parcel, Through
Parcel Area
Parcel Depth
Parcel Frontage
Parcel Line
Parcel Line, Front
Parcel Line, Rear
Parcel Line, Side
Parcel Width
Parking Facility
Accessory Parking
Long-Term Parking
Parking, Bicycle
Long-Term Bicycle Parking
Short-Term Bicycle Parking
Parking Space, Off-Street
Accessible Parking
Car Share Parking
Independently-Accessible Parking
Shared Parking
Stacked Parking
Tandem Parking
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Unbundled Parking
Valet Parking
Parking Structure
Semi-Subterranean
Subterranean
Patio
Paving
Permit
Permitted Use
Person
Person with a Disability
Planning Commission
Plaza
Podium
Port Cochere
Pre-Existing
Primary Use
Private Tennis Court
Project
Public Land
Public Resources Code
Qualified Applicant
Ramp
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Reasonable Accommodation
Residential Use
Review Authority
Right-of-Way
Roof
Barrel Roof
Gambrel Roof
Hip Roof
Mansard Roof
Pitched Roof
Shed Roof
Roof Deck
Screening
Security Grate or Grilles
Senior Citizen
Setback
Setback, Front
Setback, Rear
Setback, Side
Setback, Street Side
Sexually-Oriented Business
Shrub
Sidewalk
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Sidewalk Café
Sign-Related Definitions
Site
Skylight
Solar Energy System
State Historical Building Code
Story
Street
Street Tree
Street Wall
Structural Alterations
Structure
Structure, Accessory
Structure, Main
Structure, Subterranean
Structure, Temporary
Subdivision
Swimming Pool
Temporary Structure
Third Street Promenade Area
Trailer
Trash Screen/Enclosure
Unit
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Use
Use, Accessory
Use, Primary
Use Classification
Use Permit
Use Type
Utilities
Vibration
View Corridor
Wall
Window
Primary Room Window
Secondary Room Window
Yard
Zoning Administrator
Zoning District
Section 17. Santa Monica Municipal Code Section 9.52.020 is herby amended to
read as follows:
9.52.020 Definitions
The following words or phrases as used in this Article shall have the following meanings:
9.52.020.0010 30% Income Household. A household whose gross income does
not exceed the 30% income limits applicable to the Los Angeles-Long
Beach Primary Metropolitan Statistical Area, adjusted for household size,
as published and periodically updated by HUD.
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9.52.020.0020 50% Income Household. A household whose gross income does
not exceed 50% of the area median income, adjusted for household size,
as published and periodically updated by HUD. 50% income households
include 30% income households.
9.52.020.0030 60% Income Household. A household whose gross income does
not exceed 60% of the area median income, adjusted for household size,
as published and periodically updated by HUD. 60% income households
include 50% income households.
9.52.020.0040 80% Income Household. A household whose gross income does
not exceed 80% of the area median income, adjusted for household size,
as published and periodically updated by HUD. 80% income households
include 60% income households.
9.52.020.0050 100% Affordable Housing Project. Housing projects with a
minimum of 25% of the units deed restricted or restricted by an agreement
approved by the City for occupancy by 60% Income Households or less and
the remainder of the housing units are deed restricted or restricted by an
agreement approved by the City for occupancy by 80% Income Households
or less. Such projects may include nonresidential uses not to exceed 33%
of the project’s total floor area.
9.52.020.0060 Abandoned, Abandonment. When, for a continuous period of one
year or more, a nonconforming building, parcel, or use ceases. Resumption
of a use after abandonment is a change of use. See Division 3, Section
9.27.050(B), Nonconforming Uses, Structures, and Parcels, for additional
regulations.
9.52.020.0070 Abutting, Adjoining, or Adjacent. Having a common property line
or district line or separated only by an alley, path, private street, or
easement.
9.52.020.0080 Access. The place, or way through which pedestrians and/or
vehicles shall have safe, adequate and usable ingress and egress to a
property or use as required by this Article.
9.52.020.0090 Accessory Building. See Building, Accessory.
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9.52.020.0095 Accessory Dwelling Unit. An attached or detached residential
dwelling unit that provides complete independent living facilities for one or
more persons and that is located on a parcel with a proposed or existing
primary single-unit or multi-unit dwelling. See Division 3, Section 9.31.025,
Accessory Dwelling Units and Junior Accessory Dwelling Units, for further
details.
9.52.020.0100 Accessory Food Service. Establishments where food is located on
the same parcel as or within a primary permitted use and is clearly incidental
to the primary permitted use that is not an eating and drinking
establishment. Food service that is more extensive than these provisions
will cause this use to be considered an eating and drinking establishment
subject to all of the applicable regulations. See Division 3, Section 9.31.030,
Accessory Food Service, for further details.
9.52.020.0110 Accessory Structure. See Structure, Accessory.
9.52.020.0120 Accessory Use. See Use, Accessory.
9.52.020.0130 Act of Nature. A natural occurrence such as an earthquake, flood,
tidal wave, hurricane, superstorm, meteor, or tornado which causes
substantial damage to buildings or property.
9.52.020.0135 Affordable Rent. Affordable rent shall mean the following:
A. For 30% income households, the product of 30% times 30% of the area
median income adjusted for household size appropriate for the unit.
B. For 50% income households, the product of 30% times 50% of the area
median income adjusted for household size appropriate for the unit.
C. For 80% income households whose gross incomes exceed the
maximum incomes for 50% income households, the product of 30%
times 60% of the area median income adjusted for household size
appropriate for the unit.
D. For moderate income households, the product of 30% times 110% of
the area median income adjusted for household size appropriate for
the unit.
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For purposes herein, affordable rent shall be adjusted as necessary to be
consistent with pertinent Federal or State statutes and regulations
governing Federal or State assisted housing.
9.52.020.0140 Alley. A public way permanently reserved for access to the rear or
side of properties otherwise abutting on a street.
9.52.020.0150 Alteration. Any change, addition or modification that changes the
exterior architectural appearance or materials of a structure or object.
Alteration includes changes in exterior surfaces, changes in materials,
additions, remodels, demolitions, and relocation of buildings or structures,
but excludes ordinary maintenance and repairs.
9.52.020.0160 Arcade. A public passageway or colonnade open along at least one
side, except for structural supports, usually covered by a canopy or
permanent roofing.
9.52.020.0165 Area Median Income (AMI). The median family income published
from time to time by HUD for the Los Angeles-Long Beach Metropolitan
Statistical Area.
9.52.020.0170 Artist. An individual who is recognized by critics and peers; has
verifiable training, credentials, and/or reputation in the field; and works in
one or more of the following areas:
A. A person who works in or is skilled in any of the fine arts, including, but
not limited to, painting, drawing, sculpture, book arts, and print making;
B. A person who creates imaginative works of aesthetic value, including,
but not limited to, literature, poetry, play writing, film, video, digital
media works, literature, costume design, photography, architecture,
music composition, and conceptual art;
C. A person who creates functional art, including, but not limited to,
jewelry, rugs, decorative screens and grates, furniture, pottery, toys,
and quilts;
D. A performer, including, but not limited to, singers, musicians, dancers,
actors, and performance artists.
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9.52.020.0180 Attic. The area less than 7 feet in height, located above the ceiling
of the top story and below the roof that is not usable as habitable or
commercial space and is not accessible via a permanent access structure.
An attic shall not be considered a story. City-designated landmarks may
adapt attics to be habitable so long as they are within the historic building
envelope and result in no change to the roofline. Such an adoption will also
not be considered a story.
9.52.020.0190 Awning. An architectural projection that provides weather
protection, identity or decoration and is wholly supported by the building to
which it is attached. An awning is typically constructed of non-rigid materials
on a supporting framework which projects from and is supported by the
exterior wall of a building.
9.52.020.0200 Balcony. A platform that projects from the wall of a building 30
inches or more above grade that is accessible from the building’s interior, is
not accessible from the ground and is not enclosed by walls on more than
2 sides. See also Deck.
9.52.020.0210 Base District. See Zoning District.
9.52.020.0220 Base Height. The maximum height to which a building or structure
may be built by right pursuant to the Land Use and Circulation Element
(LUCE) of the General Plan. This is also called the Tier 1 height.
9.52.020.0230 Basement. The level(s) of a structure located below Average Natural
Grade, Segmented Average Natural Grade, or Theoretical Grade, in which
no portion of the level directly below Average Natural Grade, Segmented
Average Natural Grade, or Theoretical Grade projects more than 3 feet
above Average Natural Grade, Segmented Average Natural Grade, or
Theoretical Grade. Up to 4 wall surfaces of the level directly below Average
Natural Grade, Segmented Average Natural Grade, or Theoretical Grade
may be exposed above Finished Grade, so long as this exposure does not
exceed 40% of each of these wall surface areas. Each wall surface area is
calculated by multiplying the height by the length of the wall. In addition, the
visible wall surface height of these walls shall not exceed 3 feet above
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Finished Grade, except for an entrance to a garage, which must be
designed to the minimum feasible width and not exceed the maximum size
requirements set forth in Chapter 9.28, or for any light well or emergency
egress as required by the Building Code. A basement shall not be
considered a story.
9.52.020.0240 Bathroom. A room containing a sink, a toilet, and a shower and/or
bathtub.
9.52.020.0250 Bay Window. An angular or curved window that projects from the
building surface.
9.52.020.0260 Bedroom. Any habitable space in a dwelling unit or accessory
structure other than a kitchen or living room that is intended for or capable
of being used for sleeping, is at least 70 square feet in area, is separated
from other rooms by a door, and is accessible to a bathroom without
crossing another bedroom.
9.52.020.0270 Block. Property bounded on all sides by a public right-of-way.
9.52.020.0280 Building. Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any individual, animal,
process, equipment, goods or materials.
9.52.020.0290 Building, Accessory. A detached building located on the same
parcel as the principal building, which is incidental and subordinate to
the principal building in terms of both size and use. A building will be
considered part of the principal building if located less than 6 feet from
the principal building or if connected to it by fully enclosed space.
9.52.020.0300 Building, Principal. A building in which the principal use of the
parcel on which it is located is conducted.
9.52.020.0310 Building Code. Any ordinance of the City governing the type and
method of construction of buildings, signs, and sign structures and any
amendments thereto and any substitute therefor, including, but not limited
to, the California Building Code, the State Historic Building Code, other
state-adopted uniform codes and the Minimum Building Security Standards
Ordinance.
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9.52.020.0320 Building Face. The general outer surface of the structure or walls of
a building. Where bay windows or pillars project beyond the walls, the outer
surface of the windows or pillars shall be considered to be the face of the
building.
9.52.020.0330 Building Envelope. The aggregate of building mass and building
bulk permitted on a parcel which is defined by height regulations, setbacks
and other property development standards.
9.52.020.0340 Building Footprint. See Footprint.
9.52.020.0350 Building Height. See Height.
9.52.020.0360 Building Site. A parcel or parcels of land occupied or to be occupied,
by a main building and accessory buildings together with such open spaces
as are required by the terms of this title and having its principal frontage on
a street, road, highway, or waterway.
9.52.020.0370 Build-To Line. A line parallel to the parcel line where the façade of
the building is required to be located.
9.52.020.0380 Buffer, Buffering. An area on a parcel which is designed to separate
structures and uses from the general public and/or adjacent properties to
reduce negative impacts. It may include landscaping, fences, and walls.
9.52.020.0390 California Department of Alcoholic Beverage Control (ABC). The
California State agency that regulates the permitting of alcohol beverage
sales, including the sale of beer, wine, and distilled spirits.
9.52.020.0400 California Environmental Quality Act (CEQA). Public Resources
Code Section 21000 et seq., or any successor statute and associated
guidelines (California Code of Regulations Section 15000 et seq.) that
require public agencies to document and consider the environmental effects
of a proposed action before a decision.
9.52.020.0410 Canopy. A roofed shelter projecting over a sidewalk, driveway, entry,
window, or similar area that may be wholly supported by a building or may
be wholly or partially supported by columns, poles, or braces extending from
the ground.
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9.52.020.0420 Car Sharing. A formal or informal membership organization that
owns a variety of motor vehicles that are parked in a number of different
areas. Members use the motor vehicles under the terms of their
membership.
9.52.020.0430 Carport. A permanently roofed structure providing space for parking
or temporary storage of vehicles. It may or may not include sides, but will
be considered a garage if all 4 sides are enclosed.
9.52.020.0440 Change of Use. A discontinuance of an existing use and the
substitution therefor of a use such that the new use represents a different
use group (as defined in Chapter 9.51, Use Classifications) or is otherwise
differently regulated by the zoning ordinance compared to the prior use. A
change of ownership alone does not constitute a change of use.
Resumption of a use after abandonment is a change of use.
9.52.020.0450 Clerestory. A window or row of windows which typically run
horizontally and are located at the upper portion of a wall to allow additional
light and air into a room. A clerestory is not a skylight.
9.52.020.0460 City. The City of Santa Monica.
9.52.020.0470 City Council. The City Council of the City of Santa Monica.
9.52.020.0480 City Engineer. The City Engineer of the City of Santa Monica.
9.52.020.0490 City-Designated Contributing Building or Structure. A building or
structure designated by the City as contributing to the designation of an area
as a historic district pursuant to Section 9.56.130.
9.52.020.0500 City-Designated Historic Resource. Any existing property or
structure that is designated by the City as a Landmark, Structure of Merit,
or a Contributor to a Designated Historic District.
9.52.020.0510 City-Designated Landmark. An improvement designated by the
City as appropriate for historic preservation pursuant to Section 9.56.120.
9.52.020.0520 City-Designated Structure of Merit. An improvement designated
by the City as appropriate for official recognition pursuant to Section
9.56.090.
9.52.020.0530 County. The County of Los Angeles.
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9.52.020.0540 Conditionally Permitted. Permitted subject to approval of a
Conditional Use Permit or Minor Use Permit.
9.52.020.0550 Construction. Construction, erection, enlargement, alteration,
conversion or movement of any building, structures, or land together with
any scientific surveys associated therewith.
9.52.020.0560 Corner Build-To Area. Area of a corner parcel where the façade of
the building is required to be located.
9.52.020.0570 Courtyard. An unroofed area that is completely or mostly enclosed
by walls of a building.
9.52.020.0580 Cripple Wall. The short wood stud walls that enclose a crawl space
under the first floor used to support a dwelling between the concrete
foundation and the ground floor of a building. It elevates the dwelling above
ground to allow access to the utility lines or to level a dwelling built on a
slope.
9.52.020.0590 Curb Cut. A break in a curb allowing vehicle access from the
roadway to a legal parking area within the parcel.
9.52.020.0600 Daylight Plane. A setback or series of setbacks on new buildings
which allows the flow of light and air to adjacent residential buildings and
properties.
9.52.020.0610 Deck. A platform, either freestanding or attached to a building that is
used for outdoor space. It typically extends from the façade of a building
and is supported by pillars or posts but may be located on a flat portion of
a building, such as a roof or setback. It is distinct from a patio. See also
Balcony.
9.52.020.0620 Demising Wall. A partition wall that separates one tenant or owner’s
space from another or from the building hallway or other common area.
9.52.020.0630 Demolition. The destruction, dismantling, or removal of a building or
structure or substantial portion of a building or structure so that it constitutes
demolition pursuant to the provisions of Section 9.25.030, Demolition
Defined.
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9.52.020.0640 Development. Any manmade change to improved or unimproved
real estate, including, but not limited to, the division of a parcel of land into
2 or more parcels; the construction, reconstruction, conversion, structural
alteration, relocation, expansion, or enlargement of any structure; any
mining, excavation, landfill or land disturbance; and any use or extension of
the use of land.
9.52.020.0650 Development Agreement. An agreement between the City and any
person having a legal or equitable interest in real property for the
development of such property and which complies with the applicable
provisions of the Government Code Section 65864 et seq., and local law for
such development agreements pursuant to Chapter 9.60, Development
Agreements.
9.52.020.0660 Director. The Director of Planning and Community Development of
the City of Santa Monica or designee.
9.52.020.0670 Disability. Physical or mental impairment that substantially limits
one or more of a person’s major life activities or a record of having an
impairment, but the term does not include current, illegal use of, or an
addiction to, a controlled substance. Current users of illegal controlled
substances, persons convicted with illegal manufacture or distribution of a
controlled substance, sex offenders, and juvenile offenders are not
considered disabled under the Fair Housing Act, by virtue of that status.
9.52.020.0680 Discretionary Permit. A Development Review Permit, Major
Modification, Variance, Minor Use Permit, or Conditional Use Permit, or any
other appealable permit that requires findings to be made.
9.52.020.0690 District. See Zoning District.
9.52.020.0700 Domestic Violence Shelter. A residential facility that provides
temporary accommodations to persons or families who have been the
victims of domestic violence. Such a facility may also provide meals,
counseling, and other services, as well as common areas for the residents
of the facility.
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9.52.020.0710 Driveway. An accessway that provides vehicular access between a
street and the parking or loading facilities located on an adjacent property.
9.52.020.0720 Dwelling. A structure or portion thereof that is used principally for
residential occupancy.
9.52.020.0730 Dwelling Unit. One or more rooms designed, occupied or intended
for occupancy as separate living quarters, with full cooking, sleeping and
bathroom facilities for the exclusive use of a single household. A dwelling
unit shall exceed 375 square feet in size.
9.52.020.0740 Easement. A portion of land created by grant or agreement for
specific purpose; an easement is the right, privilege, or interest which one
party has in the land of another.
9.52.020.0750 Effective Date. The date on which a permit or other approval
becomes enforceable or otherwise takes effect, rather than the date it was
signed or circulated.
9.52.020.0760 Emergency. A sudden unexpected occurrence demanding
immediate action to prevent or mitigate loss or damage to life, health,
property or essential public services.
9.52.020.0770 Entrance. An opening, such as a door, passage, or gate, that allows
access to a place.
9.52.020.0780 Environmental Review. An evaluation process pursuant to CEQA
to determine whether a proposed project may have a significant impact on
the environment.
9.52.020.0790 Environmental Impact Report (EIR). An Environmental Impact
Report as required under the California Environmental Quality Act.
9.52.020.0800 Erect. To build, construct, attach, hang, place, suspend, or affix to or
upon any surface.
9.52.020.0810 Excavation. The removal of soils or other materials below grade to
install habitable space, parking, utilities, or landscaping.
9.52.020.0820 Façade. The face of the exterior wall of a building exposed to public
view or that wall viewed by persons not within the building. The portion of
any exterior elevation of a building extending vertically from the grade to the
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top of a parapet wall or eave and horizontally across the entire width of the
building elevation.
9.52.020.0830 Façade, Street-Facing. Any building façade whose exterior wall
faces or is within 45 degrees of parallel to an adjacent street, right-of-way,
or public park, plaza, or open space.
9.52.020.0840 Feasible. Capable of being accomplished in a successful manner
within a reasonable period of time, taking into account economic,
environmental, social and technological factors.
9.52.020.0850 Fee. A payment to the City for the processing of a permit or license
application by a City Agency or Department.
9.52.020.0860 Fence. An artificially-constructed barrier of any material or
combination of materials erected to enclose or screen an area of land.
Fences may also be walls, hedges and screen planting.
9.52.020.0870 Floor Area. See Division 1, Section 9.04.080, Determining Floor
Area, for rules for calculating floor area.
9.52.020.0880 Floor Area Ratio. The ratio of the total floor area of all buildings on
a parcel to the total area of the parcel. See Division 1, Section 9.04.090,
Determining Floor Area Ratio, for rules for calculating floor area ratio.
9.52.020.0890 Footprint. The horizontal area, as seen in plan view, of a building or
structure, measured from the outside of exterior walls and supporting
columns, and excluding eaves and subterranean and semi-subterranean
levels.
9.52.020.0900 Frontage, Street. That portion of a parcel that borders a public
street. “Street frontage” shall be measured along the common parcel line
separating said parcel or parcel of land from the public street, highway, or
parkway.
9.52.020.0910 Garage. A building or portion thereof, containing accessible and
usable enclosed space designed, constructed and maintained for the
parking or storage of one or more motor vehicles.
9.52.020.0920 Semi-Subterranean Garage. A structure located partly
underground used for parking and storage of vehicles.
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9.52.020.0930 Subterranean Garage. A structure entirely underground, except
for openings for ingress and egress.
9.52.020.0940 Garage Sales. The sale or offering for sale to the general public of
over 5 items of personal property on a portion of a parcel in a residentially
zoned district, whether inside or outside any building.
9.52.020.0950 General Plan. The City of Santa Monica General Plan.
9.52.020.0960 Glare. The effect produced by a light source within the visual field
that is sufficiently brighter than the level to which the eyes are adapted, such
as to cause annoyance, discomfort or loss of visual performance and ability.
9.52.020.0970 Government Code. The Government Code of the State of
California.
9.52.020.0980 Grade. The location of the ground surface.
9.52.020.0990 Average Natural Grade. See Division 1, Section 9.04.050(A)(1).
9.52.020.1000 Existing Grade. The elevation of the ground at any point on a
parcel as shown on the required survey submitted in conjunction with an
application for a building permit or grading permit. Existing grade also
may be referred to as natural grade.
9.52.020.1010 Finished Grade. The finished surface of the ground, paving, lawn,
or other improved surface between the building and the parcel line.
9.52.020.1020 Segmented Average Natural Grade. See Division 1, Section
9.04.050(A)(2).
9.52.020.1030 Theoretical Grade. See Division 1, Section 9.04.050(A)(3).
9.52.020.1040 Ground Floor. The lowest floor of a building other than a basement
that is closest to finished grade.
9.52.020.1050 Ground Floor Street Frontage. The first level of a building, other
than a basement, that borders a public street.
9.52.020.1060 Habitation. Regular and exclusive use of a space or structure for
shelter and other residential purposes in a manner that is private and
separate from another residence on the same parcel.
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9.52.020.1070 Hazardous Materials. Any material, including any substance,
waste, or combination thereof, which because of its quantity, concentration,
or physical, chemical, or infectious characteristics may cause, or
significantly contribute to, a substantial present or potential hazard to
human health, safety, property, or the environment when improperly
treated, stored, transported, disposed of, or otherwise managed.
9.52.020.1080 Height. The vertical distance from a point on the ground below a
structure to a point directly above. See also Division 1, Section 9.04.050,
Measuring Height.
9.52.020.1090 Historic Resource. Any existing property or structure that is
designated as a City Landmark, Structure of Merit, or a Contributor to a
Designated Historic District, or is listed on either the California Register of
Historical Resources or the National Register of Historic Places.
9.52.020.1100 Historic Resources Inventory (HRI). A database containing
building descriptions and evaluations of properties that exhibit potential
historic, architectural, or cultural significance in Santa Monica. Each
property listed on the HRI has been evaluated by professionals using
nationwide standards and criteria. The HRI is used to identify properties of
potential historic significance, and properties on the HRI are eligible to apply
the State Historical Building Code.
9.52.020.1110 Home Occupation. A commercial use conducted on residential
property by the inhabitants of the subject residence, which is incidental and
secondary to the residential use of the dwelling. See Section 9.31.160,
Home Occupation.
9.52.020.1120 Household. One or more persons living together in a single dwelling
unit, with access to and use of all common living and eating areas and all
common areas and facilities for the preparation and storage of food and
who maintain a single mortgage, lease, or rental agreement for all members
of the household.
9.52.020.1130 Illegal Use. Any use of land or building that does not have the
currently required permits and was originally constructed and/or established
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without permits or approvals required for the use at the time it was brought
into existence.
9.52.020.1140 Intensity of Use. The extent to which a particular use or the use in
combination with other uses affects the natural and built environment in
which it is located, the demand for services, and persons who live, work,
and visit the area. Measures of intensity include, but are not limited to,
requirements for water, gas, electricity, or public services; number of
automobile trips generated by a use; parking demand; number of
employees on a site; hours of operation; the amount of noise, light or glare
generated; the number of persons attracted to the site, or, in eating
establishments, the number of seats.
9.52.020.1150 Intersection, Street. The area common to 2 or more intersecting
streets.
9.52.020.1155 Junior Accessory Dwelling Unit. A dwelling unit that is no more
than 500 square feet in size and is contained entirely within an existing or
proposed single-unit dwelling. See Division 3, Section 9.31.025, Accessory
Dwelling Units and Junior Accessory Dwelling Units, for further details.
9.52.020.1160 Kitchen. A room or space within a building with appliances used for
cooking or preparing food.
9.52.020.1170 Landscape. The following terms are related to Division 3, Chapter
9.26, Landscaping.
9.52.020.1180 Automatic Controller. An automatic timing device used to
remotely control valves that operate an irrigation system.
9.52.020.1190 Backflow Prevention Device. A safety device used to prevent
pollution or contamination of the water supply due to the reverse flow of
water from the irrigation system.
9.52.020.1200 Groundcover. A low growing woody or herbaceous plant with low,
compact growth habits which normally crawls or spreads, and which
forms a solid mat or dense cover over the ground within 2 years of
installation. Mature heights of groundcover will usually range from 3
inches to 3 feet.
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9.52.020.1210 Hedge. A boundary or barrier of plant material formed by a row or
series of shrubs, bushes, trees, or other similar vegetation that enclose,
divide, or protect an area or that prevent a person from passing between
any combination of individual shrubs, bushes, trees, or other similar
vegetation.
9.52.020.1220 Irrigation System. Any system, excluding water features, for
distribution of water through a pressurized system within the landscape
area, including, but not limited to, any system in which any portion is
installed below grade or affixed to any structure.
9.52.020.1230 Landscaping. The planting, configuration and maintenance of
trees, ground cover, shrubbery and other plant material, decorative
natural and structural features (walls, fences, hedges, trellises,
fountains, sculptures), earth patterning and bedding materials, and other
similar site improvements that serve an aesthetic or functional purpose.
See Section 9.26.060.
9.52.020.1240 Moisture Sensing Device. A device that measures the amount of
water in the soil. The device may also suspend or initiate an irrigation
event.
9.52.020.1250 Mulch. Any organic material such as leaves, bark, straw, compost,
or inorganic mineral materials such as rocks, gravel, and decomposed
granite left loose and applied to the soil surface for the beneficial
purposes of reducing evaporation, suppressing weeds, moderating soil
temperature, and preventing soil erosion.
9.52.020.1260 Plant Area. The portion of a parcel that is dedicated to the
installation of landscaping.
9.52.020.1270 Lighting. The following terms are related to Section 9.21.080,
Lighting.
9.52.020.1280 Foot-Candle. A quantitative unit of measure for luminance. One
foot-candle is equal to the amount of light generated by one candle
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shining on one square foot surface located one foot away. Equal to one
lumen uniformly distributed over an area of one square foot.
9.52.020.1290 Light Fixture. The assembly that holds a lamp and may include
an assembly housing, a mounting bracket or pole socket, a lamp holder,
a ballast, a reflector or mirrors, and a refractor or lens.
9.52.020.1300 Shielded Fixture. Outdoor light fixtures shielded or constructed
so that light rays emitted by the lamp are projected below the horizontal
plane passing through the lowest point on the fixture from which light is
emitted.
9.52.020.1310 Lightwell. The portion of buildable area that is reserved as open
space for light and air, usually enclosed by building walls on the subject
property or adjacent property and extends for one or more floors.
9.52.020.1320 Living Quarters. A structure or portion thereof that is used
principally for human habitation.
9.52.020.1330 Loading Space. An off-street space or berth on the same parcel with
a building for the temporary parking of a vehicle while loading or unloading
of goods.
9.52.020.1340 Loft. See Mezzanine.
9.52.020.1350 Lot. See Parcel.
9.52.020.1360 Maintenance and Repair. The repair or replacement of nonbearing
walls, fixtures, wiring, roof or plumbing that restores the character, scope,
size or design of a structure to its previously existing, authorized, and
undamaged condition.
9.52.020.1370 Manufactured Housing. A structure as defined by Health and
Safety Code Section 18007, or any successor thereto.
9.52.020.1380 Mezzanine. An intermediate floor within a building interior without
walls, partitions, closets, screens or other complete enclosing interior walls
or partitions that is open to the floor below and has a floor area that is no
greater than one-third of the total area of the overlooked room below. When
the total floor area of a mezzanine exceeds one-third of the total area of the
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overlooked room below it constitutes an additional story and is no longer
considered a mezzanine. Mezzanines shall be concealed within the building
and shall not appear as an additional story on the exterior building façade.
See Story.
9.52.020.1390 Mixed-Use Development. The development of a parcel or building
with 2 or more different land uses such as, but not limited to, a combination
of residential, office, manufacturing, retail, public or entertainment in a
single or physically integrated group of structures.
9.52.020.1400 Mobile Home Park. Any area or tract of land where 2 or more lots
are rented or leased, or held out for rent or lease, to accommodate mobile
homes used for human habitation in accordance with Health and Safety
Code Section 18214, or any successor thereto.
9.52.020.1410 Natural Disaster. See Act of Nature.
9.52.020.1420 Nonconforming Building. See Nonconforming Structure.
9.52.020.1430 Nonconforming Structure. A building or structure that was erected
in compliance with the standards and requirements in effect when it was
constructed but does not comply with all of the applicable provisions of this
Article including, but not limited to, density, floor area, height, setback,
usable open space, and other development standards. See Chapter 9.27,
Nonconforming Uses and Structures.
9.52.020.1440 Nonconforming Use. An occupancy or activity that was established
in compliance with the standards and requirements in effect at the time it
commenced and has not been abandoned within the same structure or on
the same parcel since that date but does not comply with all of the
applicable provisions of this Article, including, but not limited to, permitted
use, location, intensity, operational characteristics, performance standards
or hours of operation. See Chapter 9.27, Nonconforming Uses and
Structures.
9.52.020.1450 Open Space.
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9.52.020.1460 Open Space, Common. Any outdoor area, not dedicated for
public use, which is designed and intended for the common use and
enjoyment of the residents and guests of more than one dwelling unit.
9.52.020.1470 Open Space, Private. Open areas for outdoor living and
recreation that are adjacent and directly accessible to a single dwelling
unit, reserved for the exclusive use of residents of the dwelling unit and
their guests.
9.52.020.1480 Open Space, Usable. Outdoor areas that provide for outdoor
living and/or recreation for the use of residents.
9.52.020.1490 Outdoor Sales, Temporary and Seasonal. The sale or offering for
sale to the general public of merchandise outside of a permanent structure
on property owned or leased by the person, firm, or corporation. These
sales are of a limited duration and conducted on an occasional basis, and
are secondary or incidental to the principal permitted use or structure
existing on the property.
9.52.020.1500 Outdoor Storage. The keeping, in an unroofed area, of any goods,
junk, material, merchandise or vehicles in the same place for more than 72
hours except for the keeping of building materials reasonably required for
construction work on the premises pursuant to a valid and current Building
Permit issued by the City.
9.52.020.1510 Overlay District. A zoning designation specifically delineated on the
Districting Map establishing land use requirements that govern in addition
to the standards set forth in the underlying base district.
9.52.020.1520 Parapet. A low wall or railing extending above the roof and along its
perimeter.
9.52.020.1530 Parcel. A single unit of land separated from other units of land by
legal description, the boundaries of which are shown on a parcel map or
final map, described in a deed, or for which a certificate of compliance has
been issued pursuant to the Subdivision Map Act. [Parcel shall also include
2 or more parcels where the owner(s) have recorded a covenant with the
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Office of the County Recorder that states the intention of the owner(s) to
combine and use the parcels as a single unit of land in compliance with City
regulations.]
9.52.020.1540 Parcel, Corner. A parcel of land abutting 2 or more streets at their
intersection, or upon 2 parts of the same street forming an interior angle
of less than 135 degrees.
9.52.020.1550 Parcel, Flag. A parcel not fronting on or abutting a public road and
where access is from a public road by a narrow right-of-way or driveway.
9.52.020.1560 Parcel, Key. The first interior parcel to the rear of a reversed
corner parcel and not separated therefrom by an alley.
9.52.020.1570 Parcel, Reversed Corner. A corner parcel, the side street line of
which is substantially a continuation of the front parcel line of the first
parcel to its rear.
9.52.020.1580 Parcel, Through. A parcel which fronts on 2 parallel streets or
which fronts upon 2 streets which do not intersect at the boundaries of
the parcel.
9.52.020.1590 Parcel Area. The total area within the property lines of a parcel,
excluding any street or alley right-of-way.
9.52.020.1600 Parcel Depth. The longest perpendicular length between a front and
rear parcel line or an imaginary extension of a rear parcel line as necessary
for non-rectilinear parcels.
9.52.020.1610 Parcel Frontage. The width of the front parcel line measured at the
street right-of-way.
9.52.020.1620 Parcel Line. A line of record bounding a parcel that divides one
parcel from another parcel or from a public or private street or any other
public space.
9.52.020.1630 Parcel Line, Front. The parcel line separating a parcel from a
street right-of-way. In the case of a corner parcel, the line separating the
narrowest street frontage of the parcel from the street shall be
considered the front. For corner parcels with equal street frontage
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dimensions, the front of the parcel is the street frontage that is consistent
with the prevailing street frontage orientations along the block where the
corner parcel is located. For parcels between a walk street and an alley,
the front of the parcel is considered along the walk street. For through
parcels between a walk street and a street with vehicular access, the
front of the parcel is considered along the street with vehicular access.
9.52.020.1640 Parcel Line, Rear. The parcel line opposite and most distant from
the front parcel line; or in the case of triangular or otherwise irregularly
shaped parcel, a line 10 feet in length entirely within the parcel, parallel
to, and at a maximum distance from the front parcel line.
9.52.020.1650 Parcel Line, Side. Any parcel line other than a front or rear parcel
line.
9.52.020.1660 Parcel Width. For rectilinear parcels, the distance between the side
parcel lines determined by the length of a straight line drawn at right angles
to the side parcel lines and parallel with both the front and rear parcel lines.
For non-rectilinear parcels, a series of measurements based on the location
of the side parcel lines shall be required to determine varying parcel widths
at any given locations on the parcel.
9.52.020.1670 Parking Facility. An area of a parcel, structure, or any other area,
including driveways, which is designed for and the primary purpose of which
is to provide for the temporary storage of operable motor vehicles.
9.52.020.1680 Accessory Parking. An area of a parcel, structure, or any other
area, which is designed, reserved for, and the primary purpose of which
is to provide off-street parking to serve a building or use that is the
primary or main use of the parcel.
9.52.020.1690 Long-Term Parking. An area designed for employee or parking
when a vehicle is not normally moved during the period of an employee’s
work shift, as opposed to customer or visitor parking.
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9.52.020.1700 Parking, Bicycle. A covered or uncovered area equipped with a rack
or other device designed and useable for the secure, temporary storage of
bicycles.
9.52.020.1710 Long-Term Bicycle Parking. Bicycle parking that is designed to
serve employees, students, residents, commuters, and others who
generally stay at a site for 3 hours or longer.
9.52.020.1720 Short-Term Bicycle Parking. Bicycle parking that is designed to
serve shoppers, customers, messengers, guests, and other visitors to a
site who generally stay for a period of less than 4 hours.
9.52.020.1730 Parking Space, Off-Street. An area, covered or uncovered,
designed and usable for the temporary storage of a vehicle, which is paved
and accessible by an automobile without permanent obstruction.
9.52.020.1740 Accessible Parking. Parking spaces that are designed and
reserved for a vehicle(s) that is dedicated to persons with disabilities.
9.52.020.1745 Automated Parking System. Off-street parking facility where
vehicular storage and retrieval within such facility is accomplished
entirely through a mechanical conveyance system. A parking facility with
parking lift systems that require an attendant to maneuver a vehicle that
is to be parked shall not be considered an automated parking facility.
9.52.020.1750 Car Share Parking. Parking spaces that are dedicated for a
vehicle(s) provided by a certified car-share organization for the purpose
of providing a car-share-service to occupants of a building or the general
public.
9.52.020.1760 Independently-Accessible Parking. Parking spaces that allow a
vehicle to be accessed without having to move another vehicle under its
own power. They shall include spaces accessed by automated garages,
or car elevators, lifts or other space-efficient parking provided that no
more than one car needs to be moved under its own power to access
any one space.
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9.52.020.1770 Shared Parking. The management of parking spaces so that they
can be used by multiple users. This allows for the more efficient use of
parking facilities. Parking may be shared between multiple users on the
same parcel, between multiple users on different parcels, or in dedicated
shared parking facilities such as public parking lots.
9.52.020.1780 Stacked Parking. Space-efficient parking in which vehicles are
stored and accessed by mechanical stackers or lifts or other space-
efficient means.
9.52.020.1790 Tandem Parking. Parking spaces that are placed one behind
another and where a vehicle needs to be moved to access the desired
parking space.
9.52.020.1800 Unbundled Parking. The practice of selling or leasing parking
spaces separate from the purchase or lease of the commercial or
residential use.
9.52.020.1810 Valet Parking. Stacked or valet parking is allowed if an attendant
is present or an automated system is in place to move vehicles. The
automated system may or may not be managed by an attendant.
9.52.020.1820 Parking Structure. A structure used for parking and storage of
vehicles.
9.52.020.1830 Semi-Subterranean. A parking structure located partially
underground.
9.52.020.1840 Subterranean. A parking structure located entirely underground,
except for openings for ingress and egress.
9.52.020.1850 Patio. An outdoor area, often paved, adjoining a building that is used
for outdoor open space. It is not fully enclosed by walls and typically is
located at grade or supported by minimal footings.
9.52.020.1860 Paving. A type of material used over areas of a parcel such as
driveways, parking spaces and areas, pathways, patios, and front setbacks
used for access by vehicles and pedestrians.
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9.52.020.1870 Permit. Any Zoning Conformance, Conditional Use Permit, Minor
Use Permit, Temporary Use Permit, Development Review Permit,
Administrative Approval, Home Occupation, Building Permit, license,
certificate, approval, or other entitlement for development and/or use of
property as required by any public agency.
9.52.020.1880 Permitted Use. Any use or structure that is allowed in a zoning
district without a requirement for approval of a Use Permit, but subject to
any restrictions applicable to that zoning district.
9.52.020.1890 Person. Any natural person or other entity recognized by California
law as such, including a firm, association, organization, partnership,
business trust, company, or corporation.
9.52.020.1900 Person with a Disability. A person who has a physical or mental
impairment that limits one or more major life activities; anyone who is
regarded as having that type of impairment; or anyone who has a record of
that type of impairment.
9.52.020.1910 Planning Commission. The Planning Commission of the City of
Santa Monica.
9.52.020.1920 Plaza. An outdoor space set aside for gathering or congregating and
commercial activities, typically surrounded by building frontages.
9.52.020.1930 Podium. A continuous raised platform supporting a building or a
large block of 2 or 3 stories beneath a multi-story block of smaller area.
9.52.020.1940 Porte Cochere. A roofed structure through which a vehicle can pass,
extending from the entrance of a building over an adjacent driveway, the
purpose of which is to shelter persons entering and exiting a building.
9.52.020.1950 Pre-Existing. In existence prior to the effective date of this Article.
9.52.020.1960 Primary Use. See Use, Primary.
9.52.020.1970 Private Tennis Court. A tennis court which is used for
noncommercial purposes by the owner(s) of the property or guests.
9.52.020.1980 Project. Any proposal for a new or changed use or for new
construction, alteration, or enlargement of any structure, that is subject to
the provisions of this ordinance. This term includes, but is not limited to, any
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action that qualifies as a “project” as defined by the California Environmental
Quality Act.
9.52.020.1990 Public Land. Any government-owned land, including, but not limited
to, public parks, beaches, playgrounds, trails, paths, schools, public
buildings, and other recreational areas or public open spaces.
9.52.020.2000 Public Resources Code. The Public Resources Code of the State
of California.
9.52.020.2010 Qualified Applicant. The property owner, the owner’s agent, or any
person or other legal entity that has a legal or equitable interest in land that
is the subject of a development proposal or is the holder of an option or
contract to purchase such land or otherwise has an enforceable proprietary
interest in such land.
9.52.020.2020 Ramp. An access driveway leading from one parking level to
another, or an access driveway from an entrance leading to parking at a
different level.
9.52.020.2030 Reasonable Accommodation. A type of discretionary permit that, if
approved, would provide for persons with disabilities seeking equal access
to housing under the California Fair Employment and Housing Act, the
Federal Fair Housing Act, and the Americans with Disabilities Act (ADA) in
the application of building and zoning laws and other land use policies,
procedures, laws, rules, and regulations.
9.52.020.2040 Residential Use. One or more rooms designed, occupied or
intended for occupancy as primary living quarters in a building or portion
thereof.
9.52.020.2050 Review Authority. Body responsible for making decisions on zoning
and related applications.
9.52.020.2060 Right-of-Way. A strip of land acquired by reservation, dedication,
forced dedication, prescription or condemnation and intended to be
occupied or occupied by a road, railroad, electric transmission lines, oil or
gas pipeline, water line, sanitary storm sewer or other similar use.
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9.52.020.2070 Roof. That portion of a building or structure above walls or columns
that shelters the floor area or the structure below.
9.52.020.2080 Barrel Roof. An arched roof with a semi-circular, half-cylindrical
shape.
9.52.020.2090 Gambrel Roof. A roof with 2 slopes on each of its 2 sides of which
the lower is steeper than the upper slope.
9.52.020.2100 Hip Roof. A 4-sided roof with sloping ends and sides.
9.52.020.2110 Mansard Roof. A roof with 2 sloping planes of different pitch on
each of the 4 sides.
9.52.020.2120 Pitched Roof. A roof with 2 sides that have at least one foot of
vertical rise for every 3 feet of horizontal run.
9.52.020.2130 Shed Roof. A roof with a single slope.
9.52.020.2140 Roof Deck. A platform located on the flat portion of a roof or setback
of a building that is used for outdoor space. It is distinct from a patio.
9.52.020.2150 Screening. Buffering of a building or activity from neighboring areas
or from the street with a wall, fence, hedge, informal planting, or berm.
9.52.020.2160 Security Grate or Grilles. A metal grate that rolls up over, or slides
across, a window or door to provide protection against unwanted entry. It
also can be a fixed metal fixture over window openings.
9.52.020.2170 Senior Citizen. An individual 62 years of age or older unless
otherwise expressly stated in this Article.
9.52.020.2180 Setback. The distance between the parcel line and a building, not
including permitted projections, that must be kept clear or open. See also
Section 9.04.040, Measuring Distances, Section 9.04.130, Determining
Setbacks, and Section 9.21.110, Projections into Required Setbacks.
9.52.020.2190 Setback, Front. A space extending the full width of the parcel
between any building and the front parcel line, and measured
perpendicularly to the building at the closest point to the front parcel line.
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9.52.020.2200 Setback, Rear. A space extending the full width of the parcel
between the principal building and the rear parcel line measured
perpendicularly from the rear parcel line to the closest point of the
principal building. When a rear parcel line abuts an alley or walkstreet,
the rear setback shall be measured from the center line of the alley or
walkstreet.
9.52.020.2210 Setback, Side. A space extending the full depth of the parcel
between the principal building and the side parcel line measured
perpendicularly from the side parcel line to the closest point of the
principal building. For non-rectilinear parcels, a space extending the full
depth of the parcel between the principal building and the side parcel
line(s) measured using a series of measurements parallel to the front
parcel line to determine varying parcel widths at any given locations on
the parcel.
9.52.020.2220 Setback, Street Side. A space extending the full depth of the
parcel between the principal building and the side parcel line adjacent
to a public street right-of-way measured perpendicularly from the side
parcel line to the closest point of the principal building. For non-
rectilinear parcels, a space extending the full depth of the parcel
between the principal building and the side parcel line(s) adjacent to a
public street right-of-way measured using a series of measurements
parallel to the front parcel line to determine varying parcel widths at any
given locations on the parcel.
9.52.020.2230 Sexually-Oriented Business. See Chapter 9.59, Sexually-Oriented
Businesses, for details.
9.52.020.2240 Shrub. A plant with a compact growth habit and branches coming
from the base of the plant. Mature heights of shrubs may vary from one foot
to 15 feet depending on their species and landscape application.
9.52.020.2250 Sidewalk. A paved, surfaced, or leveled area, paralleling and usually
separated from the street, used as a pedestrian walkway.
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9.52.020.2260 Sidewalk Café. Any outdoor dining area located in or adjacent to
any public sidewalk or right-of-way which is associated with a restaurant or
other eating and drinking establishment on a contiguous adjacent parcel.
9.52.020.2270 Sign-Related Definitions. All terms relating to signage are defined
in Chapter 9.61, Signs.
9.52.020.2280 Site. A parcel, or group of contiguous parcels, that is proposed for
development in accordance with the provisions of this Article and is in a
single ownership or under unified control.
9.52.020.2290 Skylight. That portion of a roof which is glazed to admit light, and
the mechanical fastening required to hold the glazing, including a curb not
exceeding 10 inches in height, to provide a weatherproofing barrier.
9.52.020.2300 Solar Energy System. Any solar collector or other solar energy
device, certified pursuant to State law, along with its ancillary equipment,
whose primary purpose is to provide for the collection, storage, and
distribution of solar energy for space heating, space cooling, electric
generation, or water heating, or any structural design feature of a building,
whose primary purpose is to provide for the collection, storage, and
distribution of solar energy for electricity generation, space heating or
cooling, or for water heating.
9.52.020.2310 State Historical Building Code. California Code of Regulations,
Title 24, Part 8, or any successor thereto, which constitutes a special State-
adopted building code for historic buildings allowing flexible approaches to
their construction problems. This Code was developed to accommodate
changes necessary for the continued use of historic buildings, while
preserving their historic character and significant architectural features.
Applicants may elect to use the State Historic Building Code as an
alternative to standard construction codes such as the City’s Building Code
or Electrical Code.
9.52.020.2320 Story. That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except that the
topmost story shall be that portion of a building included between the upper
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surface of the topmost floor and the upper surface of the roof above. A
mezzanine with a floor area that exceeds one-third of the floor area of the
overlooking room of the floor below constitutes a story. An attic and
basement shall not be considered stories.
9.52.020.2330 Street. A public or private thoroughfare which affords the access to
a block and to abutting property. “Street” includes avenue, place, way, drive,
boulevard, highway, road, and any other thoroughfare, except an alley as
defined herein.
9.52.020.2340 Street Tree. Trees that are located in the public right-of-way.
9.52.020.2350 Street Wall. A wall or portion of a wall of a building facing a street.
9.52.020.2360 Structural Alterations. Any physical change to or the removal of the
supporting members of a structure or building, such as bearing walls,
columns, beams, or girders including the creation, enlargement, or removal
of doors or windows and changes to a roofline or roof shape.
9.52.020.2370 Structure. Anything constructed or erected, which requires a fixed
location on the ground, or is attached to a building or other structure having
a fixed location on the ground.
9.52.020.2380 Structure, Accessory. A detached subordinate structure, used
only as incidental to the main structure on the same parcel.
9.52.020.2390 Structure, Main. A structure housing the principal use of a site or
functioning as the principal use.
9.52.020.2400 Structure, Subterranean. A structure located entirely
underground, except for openings for ingress and egress.
9.52.020.2410 Structure, Temporary. A structure without any foundation or
footings and which is intended to be removed when the designated time
period, activity, or use for which the temporary structure was erected
has ceased.
9.52.020.2420 Subdivision. See Chapter 9.54, Land Divisions, for all subdivision
definitions.
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9.52.020.2430 Swimming Pool. A pool, pond, or open tank capable of containing a
large and deep enough body of water for people to use to swim.
9.52.020.2440 Temporary Structure. See Structure, Temporary.
9.52.020.2445 Third Street Promenade Area. The area including the Third Street
Promenade 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.
9.52.020.2450 Trailer. A vehicle without motor power, designed to be drawn by a
motor vehicle and to be used for human habitation or for carrying persons
or property, including a mobile home, trailer coach or house trailer.
9.52.020.2460 Trash Screen/Enclosure. A permanent, immobile structure,
designed for the storage of a mobile resource recovery, recycling, or
compost bin or container.
9.52.020.2470 Unit. See Dwelling Unit.
9.52.020.2480 Use. The purpose for which land or the premises of a building,
structure, or facility thereon is designed, arranged, or intended, or for which
it is or may be occupied or maintained.
9.52.020.2490 Use, Accessory. A use that is customarily associated with, and is
incidental and subordinate to, the primary use and located on the same
parcel as the primary use.
9.52.020.2500 Use, Primary. A primary, principal or dominant use established,
or proposed to be established, on a parcel. In a mixed-use building,
there may be more than one primary use.
9.52.020.2510 Use Classification. A system of classifying uses into a limited
number of use types on the basis of common functional, product, or
compatibility characteristics. All use types are grouped into the following
categories: residential; public and semi-public; commercial; industrial; and
transportation, communication, and utilities. See Chapter 9.51, Use
Classifications.
9.52.020.2520 Use Permit. A discretionary permit, such as a Minor Use Permit or
Conditional Use Permit, which may be granted by the appropriate City
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authority to provide for the accommodation of land uses with special site or
design requirements, operating characteristics, or potential adverse effects
on surroundings, which are not permitted as of right but which may be
approved upon completion of a review process and, where necessary, the
imposition of special conditions of approval by the permit granting authority.
See Chapter 9.41, Minor Use Permits and Conditional Use Permits.
9.52.020.2530 Use Type. A category which classifies similar uses based on
common functional, product, or compatibility characteristics.
9.52.020.2540 Utilities. Equipment and associated features related to the
mechanical functions of a building(s) and services such as water, electrical,
telecommunications, and waste.
9.52.020.2550 Vibration. A periodic motion of the particles of an elastic body or
medium in alternately opposite directions from the position of equilibrium.
9.52.020.2560 View Corridor. An area where there is a view of all or a portion of a
panoramic subject, scene, or area.
9.52.020.2570 Wall. Any exterior surface of building or any part thereof, including
windows.
9.52.020.2580 Window. An opening in a wall of a building that may be filled with
glass or other material in a frame. They typically allow light and air into the
interior of a building but also serve as vehicles for viewing merchandise in
commercial properties.
9.52.020.2590 Primary Room Window. A glazed surface whose area is larger
than any other glazed surface in a living room, dining room, family room,
library, or similar such activity room in a dwelling unit.
9.52.020.2600 Secondary Room Window. A glazed surface serving a bedroom,
bathroom, kitchen, stairway, corridor, or storage area in a dwelling unit,
or a non-primary window in a primary space.
9.52.020.2610 Yard. See Setback.
9.52.020.2620 Zoning Administrator. The Director of the Department of Planning
and Community Development, or designee.
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9.52.020.2630 Zoning District. A specifically delineated area or district in the City
within which regulations and requirements uniformly govern the use,
placement, spacing, and size of land and buildings.
SECTION 18. Any provision of the Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies
and no further, is hereby repealed or modified to that extent necessary to effect the
provisions of this Ordinance.
SECTION 19. 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.
SECTION 20. 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
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