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SR 10-11-2022 10D City Council Report City Council Meeting: October 11, 2022 Agenda Item: 10.D 1 of 18 To: Mayor and City Council From: David Martin, Director, Administration Subject: Introduction and First Reading of 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 introduce for first reading an ordinance related to economic recovery efforts in: 1. City’s Downtown, Mixed-Use and Commercial, Employment, Oceanfront and Public and Semi-Public Districts, excluding the Third Street Promenade and the area immediately adjacent thereto; and 2. The area including the Third Street Promenade and immediately adjacent thereto, bounded by 2nd Street to the west, Broadway to the south, 4th Street to the east, and Wilshire Boulevard to the north. Summary In response to the COVID-19 Pandemic, the City established a variety of zoning changes adopting two emergency Interim Zoning Ordinances (IZO) establishing interim zoning regulations to support the economic recovery of local businesses impacted by the COVID-19 pandemic; 1) zoning changes applicable to commercial districts citywide and; 2) zoning changes specific to the Third Street Promenade and area immediately adjacent thereto (the “Third Street Promenade Area”). 10.D Packet Pg. 272 2 of 18 Both emergency IZOs have focused on relaxing land use barriers that had been shown to create unnecessarily difficult review processes for simple changes of use often inhibiting or delaying the establishment of common neighborhood-serving uses. Since adopted, the interim zoning changes have provided needed support to existing and new restaurant, retail, personal service, and fitness-related businesses, critical to the City’s economy. DTSM and the business community are in support of these zoning changes and believe that permanently adopting these changes are critical in providing greater certainty and predictability for property owners and their existing tenants, along with perspective businesses considering Santa Monica locations. Both the Citywide and the Promenade IZO’s are set to expire on December 31, 2022, unless further extended or permanently adopted. In its review, staff recommends that the City Council focus on the following: 1. Whether the interim zoning changes Citywide and specific to the Third Street Promenade Area, including the Planning Commission’s recommended revisions to the existing interim provisions, are appropriate in providing the necessary continued economic support to existing Santa Monica businesses and new businesses seeking opportunity to contribute to the City’s overall economy. Staff recommends permanent adoption of the Citywide and Promenade IZO’s, in addition to the Planning Commission’s recommended changes, as outlined and based on the findings provided in this report. Background Past Council Actions Meeting Date Description May 12, 2020 Council adopted two Emergency Interim Zoning Ordinances establishing interim zoning regulations to support the economic recovery of local businesses impacted by the COVID-19 pandemic. November 10, 2020 Extended Emergency Interim Zoning Ordinances for both 10.D Packet Pg. 273 3 of 18 Citywide and Promenade, extended through December 31, 2022. April 13, 2021 (“IZO 2667”), September 28, 2021 (“IZO 2682”), and January 25, 2022 (“IZO 2690”) Subsequent amendments to the “Promenade” IZO. On April 20, 2022, the Planning Commission adopted resolution number 22-008 (PCS) and resolution number 22-009 (PCS) declaring its intention to recommend that the City Council amend the text of the Zoning Ordinance related to economic recovery. On August 17, 2022, the Planning Commission adopted resolution number 22-013 (PCS) recommending that the City Council amend the text of the Zoning Ordinance related to economic recovery in the City’s Downtown, Mixed-Use and Commercial, Employment, Oceanfront, and Public and Semi-Public Districts (Citywide), excluding the area including and immediately adjacent to the Third Street Promenade. The Commission also adopted resolution number 22-014 (PCS) recommending that the City Council amend the text of the Zoning Ordinance related to economic recovery of the BC (Promenade) District and those portions of the BC (2nd and 4th Street) District bounded by Second Street to the west, Broadway to the south, 4th Street to the east, and Wilshire Boulevard to the north (collectively the “Third Street Promenade Area”). The Commission supported permanent adoption of both Emergency Interim Zoning Ordinances recognizing the need for continued economic support through land use policy, and provided clarifying language and two recommended revisions for the Council’s consideration: 1. Expand the allowance of alternative loading plans currently limited to the Third Street Promenade Area to the entire Downtown Community Plan area; and 2. Expand the area where open-air rooftop commercial uses are excluded as floor area/FAR from directly on the Promenade to the defined Third Street Promenade Area, resulting in a half-block radius expansion. Discussion 10.D Packet Pg. 274 4 of 18 Below is a summary of the Citywide and Third Street Promenade Area interim zoning regulations. Citywide Interim Zoning Regulations: All Commercial Districts Excluding the Third Street Promenade Area Ordinance Number 2637 established interim zoning regulations applicable to the City’s Downtown, Mixed Use and Commercial, Employment, Oceanfront, and Public and Semi-Public districts excluding the Third Street Promenade Area (also known as the Citywide Economic Recovery Area). The adopted changes included the following: Interim Land Uses: 1. Restaurants Up to 5,000 SF - Permitted Use: Eliminated discretionary permits for restaurants up to 5,000 square feet in size. Whereas full service and limited service/take out restaurants of up to 5,000 square feet would typically require approval of a Minor Use Permit, the IZO allows such restaurants to be permitted by-right. This change provides a streamlined review and allows greater flexibility for restaurant reopening. 2. Food Halls Up to 175 Seats - Conditional Use: Food Halls with up to 175 seats shall be a conditionally permitted use in the Citywide Economic Recovery Area. 3. Limitation on Restaurant Uses on Main Street – Table 9.11.020: Removed restrictions on Main Street restaurants. Per the IZO, land use limitation (11) for restaurant uses on Main Street in the Neighborhood Commercial District does not apply to permitted restaurants up to 5,000 SF. Limitation 11 includes the following restrictions: ▪ Limits the number of restaurants (2) of greater than 2,500 SF per block; ▪ Limits restaurants north of Ocean Park Blvd to one per block on east side of street, and further limits the number of seats to 200 per block and 400 in Block 6; 10.D Packet Pg. 275 5 of 18 ▪ Limits on-sale alcohol permits (12) north of Ocean Park Blvd, and further limits on-sale general permits; ▪ Limits the number of bars to a total of six (6) along Main Street; Per the IZO, limitation 11 would only apply to restaurants greater than 5,000 SF. For example, only restaurants greater than 5,000 SF would be limited to two (2) per block. In addition, staff recommends eliminating the seat number restriction for restaurants north of Ocean Park Blvd which states no more than 200 seats per each block, and no more than 400 seats in Block 6 (OP Blvd to Hollister Ave). The restrictions on the number of alcohol permits should also be removed. Also, the cap on the number of bars along Main Street should be eliminated for clarifying reasons since bars are currently not allowed in the NC district. Limiting the number of restaurant seats and alcohol permits in this manner is contrary to the City’s economic recovery efforts in simplifying standards that support business reopening. 4. Limitation on Size and Street Frontage of Tenant Spaces - Table 9.11.020 Limitations (2), (17), (19): Clarified the applicability of storefront width and tenant space size restrictions on existing tenant spaces to only new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces. This change clarifies and allows existing vacant tenant spaces considered abandoned for more than 1 year to be reoccupied without a Conditional Use Permit. 5. 9.27.050(B) Abandonment of Legal Non-Conforming Eating and Drinking Establishments and Retail Uses: Eased standards related to when retail and restaurant uses are considered abandoned. Based on the existing requirements, existing nonconforming uses that cease business operations for a continuous period of more than 1 year are considered abandoned and any new business thereafter would be subject to obtaining any current planning entitlements and comply with current parking requirements. In efforts to encourage and support the continuation of restaurant and retail businesses at the same location post- pandemic, the IZO eliminates the 1-year time period and allows for these types of 10.D Packet Pg. 276 6 of 18 land uses to reoccupy vacant tenant spaces previously used for such uses without losing any legal non-conforming rights to that use, no matter how long the vacancy provided that no other use has occupied the vacant space since the restaurant or retail use was abandoned. This eliminates the need for new businesses seeking to occupy vacant spaces to obtain any land-use entitlements and satisfy any new parking requirements. 6. 9.28.020(B)(2) Relaxed Parking Requirements for Changes of Use: Per the IZO, changes in use that create an increase of 10 or fewer additional parking spaces required (changed from 3 spaces per the current Code) compared to the prior use (or general parking rate of 1/300) shall not be required to provide additional on-site parking. This change improves the ability for new businesses to occupy vacant tenant spaces that have a slightly higher parking requirement than the prior use or 1/300 parking rate without needing to provide additional parking for the new use. Restaurants are provided with additional flexibility when determining the additional parking where only the dining area, excluding any square footage dedicated to back-of-house and outdoor dining areas, is included in the calculation. 7. 9.28.060 Offsite Parking Requirements for Food Halls: Establishes parking requirements for Food Halls citywide ranging from 1/300 to 1/500. 8. 9.28.080 Relaxed Loading Requirements for Changes of Use: Whereas currently a Parking and Loading Operations Plan (PLOP) is required for any change of use, this IZO change allows for changes of use of up to 5,000 SF to be flexible where staff may approve an alternate loading plan that may include a waiver or reduction in number of dimensions of loading areas depending on the project and existing site conditions. This change simplifies the change of use review procedures and results in a more collaborative review to address loading needs based on existing site conditions. 10.D Packet Pg. 277 7 of 18 9. Alcohol Exemptions (AE) for Citywide Economic Recovery Area (Excluding Santa Monica Pier: The Alcohol Exemption Permit allows restaurants to serve alcoholic beverages and is an alternative permit to the discretionary alcohol Conditional Use Permit. The review procedure for an Alcohol Exemption is ministerial where a permit is automatically granted to a restaurant provided they agree to operate according to an established set of operational conditions (e.g. hours of operations, etc.). The existing Alcohol Exemption operational conditions and review procedures were modified to provide improved flexibility in operations for restaurant establishments (full service and limited service/take out) and a more streamlined review process. 9.31.040(D)(1) Criteria & Conditions: The following conditions were removed to provide flexibility in business operations or correct inconsistencies throughout section: ▪ The primary use of the premises shall be for sit-down meal service to patrons (for consistency based on restaurant types); ▪ Take out service shall be only incidental to the primary sit-down use (for consistency based on restaurant types); ▪ Except for special events, alcohol shall not be served in any disposable containers such as disposable plastic or paper cups (unnecessary); ▪ No more than 3 television screens including video projectors or similar audio/visual devices shall be utilized on the premises. None of these televisions or projection surfaces shall exceed 60 inches measured diagonally (for flexibility); ▪ No more than 35 percent of total gross revenues per year shall be from alcohol sales (for flexibility). The following permitted hours of operation were expanded to provide added business flexibility: ▪ Open/Closure hours expanded from 9am-11am (Sun-Thurs) and 9am- 12am (Fri-Sun) to 9am-12am (all days), with closure and employees 10.D Packet Pg. 278 8 of 18 vacated by 1am (all days), and alcohol removed from any outdoor dining area no later than 11am (Sun-Thurs only). Alcohol Exemption Permit Processing: For restaurants over 50 seats, notification to owners/tenants within a 750-foot radius of the site remains, however the appeal process has been eliminated to assist with application streamlining and faster restaurant reopening. Furthermore, this change corrects the review process to be consistent with the purpose of a ministerial review which should not involve discretion through an appeal procedure. 10. Alcohol Exemptions (AE) for Santa Monica Pier: AE criteria and conditions were established specifically for the Santa Monica Pier and include slight differences compared to the Citywide criteria and conditions. Considering the types of businesses occupying the Pier and its focus as a commercial/visitor destination, the land uses for which an AE can be applied for was expanded to include bars/nightclubs/lounges, food halls, and general retail sales (small and large scale) with expanded operating hours of 8am-2am daily. Interim Use Classifications: 11. 9.51.030(B)(7)(e) Small-Scale Facility: Removes health clubs and yoga studios from this definition and relocates these uses to Personal Services, Physical Training up to 5,000 SF in size. This change provides greater flexibility for fitness uses that were in high demand during the Pandemic. 12. Food Hall: The IZO added a Food Hall definition to the Commercial Use Classifications. Although a food hall has not been established during the Pandemic, the City has received interest in food hall concepts in the past and therefore the IZO established a land use definition with review procedures and parking requirements. 13. 9.51.030(B)(21)(b) Personal Services, Physical Training: Revision expands size restriction of such uses from classes and groups of 5 or less persons to 10.D Packet Pg. 279 9 of 18 tenant spaces up to 5,000 SF in size. Fitness and yoga studios added to this definition. This change provides greater flexibility for fitness uses that were in high demand during the Pandemic. These interim changes focus on removing barriers related to the approval of restaurants, physical training, and changes of uses by simplifying certain standards and streamlining review procedures. Alcohol exemption conditions were simplified and appeal procedures for restaurants over 50 seats eliminated to help streamline and support food-serving establishments, and to provide consistency in its ministerial review process. The elimination of the restaurant restrictions on Main Street continues to provide greater flexibility and encourages adaptive reuse of existing/vacant tenant spaces within the Main Street Neighborhood Commercial district. Restrictions on the overall size and storefront width of tenant spaces have been simplified, size limitations on physical training are less restrictive, and changes of use are supported with up to a 10-parking space credit to allow flexibility for a broad range of new businesses. These changes have greatly supported existing and the establishment of new commercial uses while balancing the loss of businesses during the Pandemic. As the City continues to provide support to local businesses and promote business opportunities citywide, these interim zoning provisions have shown to be successful in the City’s overall economic recovery efforts. Therefore, staff recommends these zoning changes, including the additional modifications outlined, for permanent adoption as part of the City’s overall evaluation of the temporary changes authorized through emergency orders and IZOs during the Pandemic. Interim Zoning Regulations– Third Street Promenade Area Downtown Santa Monica has long been a community gathering place and economic stronghold. Supported by DTSM’s leadership, Downtown and the Third Street Promenade continue to evolve, changing with the needs of retailers, property owners, visitors, and the Santa Monica community. With the onset of the COVID-19 pandemic and subsequent economic recovery, DTSM initiated the Promenade Vitality Plan in January 2021. The Plan was discussed at a Study Session with Council on February 9, 10.D Packet Pg. 280 10 of 18 2021. This effort is separate from the Promenade 3.0 planning effort which focused on the redevelopment of the Promenade streetscape; that effort has been put on hold due to the City’s 2020 restructuring. Research conducted as part of Promenade 3.0 was used in the development of the Promenade Vitality Plan. To further preserve and enhance the economic vitality of the Promenade, DTSM enlisted the firm MIG and engaged in a series of conversations, workshops, interviews, and surveys with business and property owners, brokers, residents, advocates, elected and appointed officials, industry experts, and others. Interim changes to the Promenade to date have been based on this feedback, staff recommendations, and both Commission and Council direction. As stated, there have been multiple IZO revisions made to the Third Street Promenade Area during the Pandemic, with the intent to streamline processes by introducing simple land use changes to common neighborhood-serving uses and remove barriers to opening a business. The most recent IZO 2690 adopted on January 25, 2022 is inclusive of all economic recovery amendments for the Promenade area to date and include the following: 1. Added new land uses to the table of permissible uses for all three blocks of the Promenade, including (as noted below) those appropriate for Promenade facades and those appropriate for alley facades and upper floors. Streamline permitting of existing land uses by minimizing applicability of Conditional Use Permits (CUPs), Minor Use Permits (MUPs), and other discretionary approvals. Revisions to ensure consistency with other requirements were also made: ▪ Group Residential, Congregate Housing, Senior Group Residential – allow on upper floors without requiring an MUP; ▪ Child Care & Early Education Facilities – allow on ground floor with Promenade frontage; 10.D Packet Pg. 281 11 of 18 ▪ Community Assembly – allow on ground floor along alley frontage or on upper floors; ▪ Grooming and Pet Stores and Veterinary Services – allow on ground floor with Promenade frontage with no size restrictions/CUP requirement; ▪ Business Services – allow on ground floor along alley frontage or on upper floors; ▪ Cinemas & Theaters, more than 99 seats – allow without requiring CUP; ▪ Convention and Conference Centers – allow without requiring CUP; ▪ General Retail Sales, Medium-Scale Facility – allow without requiring CUP; ▪ Liquor Stores – allow with Promenade frontage without requiring a CUP; ▪ Bed and Breakfast – allow without requiring MUP; ▪ Hotels and Motels – allow without requiring CUP; ▪ Medical & Dental Offices – allow on ground floor with Promenade frontage and not limited to upper floors or on ground floor 25 feet from sidewalk; ▪ General Personal Services – allow on ground floor with Promenade frontage with no size restrictions/CUP requirement; ▪ Tattoo or Body Modification Parlor – allow without requiring MUP; ▪ Food Hall,, Fortunetelling, added as permitted uses; ▪ Industry, Limited - added as a permitted use, with limitations on location and restrictions on the types of allowable industries within the use classification. ▪ ADUs, and JADUs added as permitted uses; ▪ Physical Training – clarification for consistency that removes location limitations, allows on ground floor not exceeding 100 feet of frontage without a CUP; ▪ Large Scale Facilities – correction to limitation related to Large Scale Facilities in that they are permitted, however a fitness center use exceeding 100 linear feet of ground floor frontage would require approval of a CUP; 10.D Packet Pg. 282 12 of 18 ▪ Automobile & Vehicle Showroom Specific Limitation – revised to include all fuel types as a permitted use, which may display up to one alternative fuel vehicle if such is available in the dealer’s fleet and limited to up to six showrooms. 2. Reduce Minimum Active Ground Floor Depth: Table 9.10.040 Limitation L(1): Reduces the ground floor minimum depth requirement for active commercial uses from 50 feet to 25 feet measured from Promenade property line. This change provides added flexibility in creating multiple tenant spaces or smaller tenant spaces depending on market demand. 3. Allow Entry/Direct Access to Upper Floors and Rear Office Uses from the Promenade: Table 9.10.040 Limitation L(1): Revised language where ground floor entries are no longer specifically identified as a portion of the entire tenant space that must be located 25 feet from the Promenade, thereby allowing entries to these tenant spaces to have some presence on the Promenade and provide accessibility from the sidewalk. This change, in conjunction with the reduction in active ground floor depth (above) provides flexibility in creating multiple desirable tenant spaces on all floors. 4. Limited-Service and Take-Out Restaurant Establishments with Frontage on the Promenade and Specific Characteristics Prohibited – Table 9.10.040 (Limitation L 22): City Council voted to make this provision permanent on January 26, 2021 (Ordinance No. 2661). This provision was added to the IZO for consistency and therefore no further action is necessary to codify this provision. This provision is included in this report to provide transparency and a reminder of what the Council had previously adopted. 5. 9.10.040(A) Conversion of Any Portion of an Eating and Drinking Establishment to Any Other New or Expanded Use Located on the Ground Floor: Eliminated the requirement of a Conditional Use Permit for the conversion 10.D Packet Pg. 283 13 of 18 of eating and drinking establishments to other uses, applicable to the Third Street Promenade Area. This change provides flexibility and streamlined review for changes in use pertaining to existing eating and drinking establishments, and removes restrictions on leasing these spaces. 6. 9.27.050(B) Abandonment of Legal Non-Conforming Eating and Drinking Establishments and Retail Uses: Eased standards related to when bars/nightclubs, restaurants, food hall, general retail sales (small and medium) uses are considered abandoned. Based on the existing requirements, existing nonconforming uses that cease business operations for a continuous period of more than 1 year are considered abandoned and any new business thereafter would be subject to obtaining any current planning entitlements and comply with current parking requirements. In efforts to encourage and support the continuation of these types of businesses at the same location post-pandemic, the IZO eliminates the 1-year time period and allows for these types of land uses to reoccupy vacant tenant spaces previously used for such uses without losing any legal non-conforming rights to that use, no matter how long the vacancy, provided that no other use has occupied the vacant space since the restaurant or retail use was abandoned. This eliminates the need for new businesses seeking to occupy vacant spaces to obtain any land-use entitlements. 7. 9.28.080 Relaxed Loading Requirements for New Buildings, Additions, Enlargements of Use, and Changes of Use: Currently limited to the Third Street Promenade Area, staff may approve an alternate loading plan that may include a waiver or reduction in number of dimensions of loading areas depending on the project and existing site conditions. Different from the Citywide loading provision which is limited to changes of use up to 5,000 SF, this also applies to new buildings, additions, and enlargements of use. This change simplifies loading review procedures and results in a more collaborative review to address loading needs. This provision has shown to be effective during the Pandemic. Therefore, staff recommends expanding its applicability to the overall Downtown Community Plan area, excluding the Ocean Transition (OT) District 10.D Packet Pg. 284 14 of 18 (along Ocean Avenue in the Downtown) based on the limited space on existing properties where creative solutions are often necessary. The Planning Commission in its review, was supportive of the expansion to include the entire Downtown Community Plan area. Subsequent to the Commission meeting, staff determined that it would be more appropriate to exclude properties along Ocean Avenue to discourage further use and consideration of Ocean Avenue for loading purposes, and therefore revised language is reflected in the attached resolution. 8. Alcohol Exemptions (AE) for Third Street Promenade Area: The Alcohol Exemption Permit allows restaurants to serve alcoholic beverages and is an alternative permit to the discretionary alcohol Conditional Use Permit. As discussed, the review procedure for an Alcohol Exemption is ministerial where a permit is automatically granted to a restaurant provided they agree to operate according to an established set of operational conditions. The existing alcohol exemption operational conditions and review procedures were modified to provide improved flexibility in operations for restaurant establishments (full service and limited service/take out), bars/nightclubs, food halls, and general retail sales (small and medium scale) for establishments within the Third Street Promenade Area and a more streamlined review process. The changes to the conditions are similar to the revisions proposed Citywide, except bars/nightclubs, food halls, and general retail sales were added as applicable uses, and operational hours were expanded with slightly earlier and later hours appropriate for the Promenade activity. Alcohol Exemption Permit Processing: For restaurants over 50 seats, notification to owners/tenants within a 750-foot radius of the site remains, however the appeal process has been eliminated to assist with application streamlining and faster restaurant reopening. Furthermore, this change corrects the review process to be consistent with the purpose of a ministerial review which should not involve discretion through an appeal procedure. 10.D Packet Pg. 285 15 of 18 9. Zoning Conformance Review for Existing Alcohol Outlets: For existing alcohol outlets located within the Third Street Promenade Area and without a alcohol CUP that changes ownership or proposes an interior remodel, a zoning conformance review is no longer required provided the business has remained in continuous use without substantial change in mode or character of operation. This change establishes fewer criteria when determining substantial change in mode or character and therefore streamlines the review procedures. 10. FAR Calculation for Open-Air Rooftop Commercial Uses: 9.04.080, 9.04.090 (A)(2): Exempts unenclosed rooftop areas used for commercial or restaurant activity from floor area and floor area ratio, specifically for the BC (Promenade) district. Allows rooftop shading devices up to 10 feet in height above the roofline with aggregate coverage up to 50%. This change supports the use of outdoor space on building rooftops and encourages the use of outdoor space consistent with the City’s outdoor space program efforts. Currently, the IZO limits this provision to the Promenade, however staff and the Planning Commission recommend expanding the allowance to include the defined Third Street Promenade Area, which results in an expansion of a half-block radius. These interim changes to the Third Street Promenade Area reflect short and medium- term policy and procedural changes specific to the evolving economic vitality of the Promenade area. Simple changes have broadened the range of permitted uses with fewer restrictions that would be considered appropriate for permanent adoption, while other short-term policy changes may require further evaluation over time. Such changes include the prohibition of certain fast-food establishments and the expansion of automobile/vehicle showrooms to all fuel types (more recently adopted in January 2022). In coordination with DTSM and the City’s Economic Development staff, continued evaluation of zoning standards for Promenade area is ongoing. In the meantime, permanent adoption of the Promenade IZO provisions, including the proposed added modifications, would continue to support existing and new businesses as the Third Street Promenade Area recovers post-pandemic. Furthermore, permanent adoption would be critical in providing greater certainty and predictability for property 10.D Packet Pg. 286 16 of 18 owners and their existing tenants, along with perspective businesses considering Santa Monica locations, particularly in the downtown area. Planning Commission Recommendation On August 17, 2022, the Planning Commission held a discussion and recommended the City Council adopt the proposed zoning amendments contained in both the Citywide and Third Street Promenade Area Interim Zoning Ordinances as drafted in the proposed resolutions, with a few additional changes in support of staff’s recommendations to: 1. Expand the allowance of alternative loading plans currently limited to the Third Street Promenade Area to the entire Downtown Community Plan (DCP) area. As discussed, staff’s original recommendation to the Planning Commission is revised to expand to the entire DCP area, excluding properties within the Ocean Transition (OT) District within the Downtown area. 2. Expand the area where open-air rooftop commercial uses are excluded as floor area/FAR from directly on the Promenade to the defined Third Street Promenade Area, resulting in a half-block radius expansion. Additionally, the Commission identified a clerical typo in the draft language related to the Personal Services, Physical Training definition which has been corrected and is reflected in the proposed Ordinance. Environmental Analysis The proposed amendments to the Citywide Economic Recovery Area and Third Street Promenade Area consisting of land use and processing changes supporting economic recovery are categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines. Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed changes will have a significant effect on the environment. The recommended amendments represent land use and procedural changes do not substantively affect policy decisions made with the City Council’s adoption of the DCP and Zoning Ordinance, and is consistent with the City’s economic 10.D Packet Pg. 287 17 of 18 recovery efforts during the Pandemic. Therefore, no further environmental review under CEQA is required. Text Amendment 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 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. 10.D Packet Pg. 288 18 of 18 Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. Prepared By: Steve Mizokami, Senior Planner Approved Forwarded to Council Attachments: A. CDD-Ord-Economic Recovery 101122 B. Written Comments C. PowerPoint Presentation 10.D Packet Pg. 289 1 City Council Meeting: October 11, 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 10.D.a Packet Pg. 290 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 2 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 10.D.a Packet Pg. 291 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 3 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 10.D.a Packet Pg. 292 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 4 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 10.D.a Packet Pg. 293 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 5 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 10.D.a Packet Pg. 294 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 6 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 10.D.a Packet Pg. 295 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 7 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 10.D.a Packet Pg. 296 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 8 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 10.D.a Packet Pg. 297 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 9 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 10.D.a Packet Pg. 298 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 10 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 10.D.a Packet Pg. 299 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 11 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 10.D.a Packet Pg. 300 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 12 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 10.D.a Packet Pg. 301 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 13 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 10.D.a Packet Pg. 302 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 14 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 10.D.a Packet Pg. 303 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 15 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. 10.D.a Packet Pg. 304 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 16 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; 10.D.a Packet Pg. 305 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 17 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. 76. 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; 87. 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; 98. Semi-subterranean parking areas that meet the following criteria: 10.D.a Packet Pg. 306 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 18 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; 109. Mechanical equipment rooms, electrical rooms, telecommunication equipment rooms, and similar space located below grade; 1110. 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); 1211. Attics; 1312. 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 10.D.a Packet Pg. 307 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 19 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. 10.D.a Packet Pg. 308 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 20 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.D.a Packet Pg. 309 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 21 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) CUP 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.D.a Packet Pg. 310 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 22 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 L(1)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 L(5)/CUPP 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.D.a Packet Pg. 311 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 23 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 - - CUP P CUP CUP - - Convention and Conference Centers CUP 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) MUP P P L(22) P P P MUP 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.D.a Packet Pg. 312 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 24 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 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 MUP P MUP MUP MUP MUP Section 9.31.090, Bed and Breakfasts Hotels and Motels CUP 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 L(1) 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 L(1), 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(1), L(17), L(215)/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 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-L(5)/CUP L(5)/CUP P L(5)/CUP L(5)/ L(5)/ L(5)/ 10.D.a Packet Pg. 313 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 25 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 Scale CUP CUP CUP General Retail Sales, Medium-Scale CUP 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(21) 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 including the primary entry shall be located at least 5025 feet from the front property line, except for residential units shall be limited to upper floors only. (2) (Reserved) 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 alternative fuel vehicle 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 10.D.a Packet Pg. 314 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 26 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 Street Promenade Area. (9) (Reserved) (10) Permitted as an ancillary use to support a primary use. (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) (Reserved) 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. A. Conversion of Any Portion of an Eating and Drinking Establishment to Any Other New or Expanded Use Located on the Ground Floor within the BC (Promenade) District. 10.D.a Packet Pg. 315 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 27 1. The conversion of any portion of an eating and drinking establishment in existence as of the effective date of this Plan to any other new or expanded use located on the ground floor within the BC (Promenade) District shall obtain a Conditional Use Permit subject to the following additional findings being made in the affirmative: a. The proposed use would preserve the unique mixture of restaurants, retail, and entertainment on the Third Street Promenade and maintain the vitality and diversity of the Promenade; b. The proposed use would retain at least 50% of the existing outdoor dining or 500 square feet, whichever is greater; c. For tenant spaces located on a corner, the eating and drinking establishment use must remain entirely on the Third Street Promenade frontage. For tenant spaces not located on a corner, the non-eating and drinking establishment use does not occupy more than 33% of the Promenade frontage. Section 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. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review. “P” designates permitted uses. 10.D.a Packet Pg. 316 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 28 “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 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 10.D.a Packet Pg. 317 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 29 TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations 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 – – – 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/ CUP (5) CUP (5) CUP (5) – Section 9.31.070, Automobile/Vehicle Sales, 10.D.a Packet Pg. 318 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 30 TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Vehicle Sales and Leasing buildings existing as of 07/06/2010 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 L(10)(11) 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) MUP P MUP P MUP P MUP P (10)(11) 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, 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 – 10.D.a Packet Pg. 319 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 31 TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations 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 – – – – 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 10.D.a Packet Pg. 320 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 32 TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations 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 2,500 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. North of Ocean Park Boulevard restaurants shall be subject to the following requirements: • Only one restaurant on the east side of each block shall be permitted. • No more than 200 seats per each block shall be permitted, except that no more than 400 seats shall be permitted in Block 6. On-sale alcohol outlets may not exceed 12 in number north of Ocean Park Boulevard. Of the 12 total on-sale outlets, no more than 5 shall have on-sale general licenses. Bars may not exceed 4 in number south of Ocean Park Boulevard, nor 2 in number north of Ocean Park Boulevard. Existing uses and existing number of seats shall count toward the total number of bars and restaurants and seating requirements permitted within the district. (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. 10.D.a Packet Pg. 321 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 33 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. 10.D.a Packet Pg. 322 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 34 “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. 10.D.a Packet Pg. 323 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 35 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 – – 10.D.a Packet Pg. 324 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 36 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 L (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 Restaurants, Full-Service, Limited Service & Take-Out, With Entertainment, With Outdoor Eating Areas (2,501 – 5,000 SF) -P MUP (6)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. 10.D.a Packet Pg. 325 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 37 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 10.D.a Packet Pg. 326 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 38 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. 10.D.a Packet Pg. 327 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 39 “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 10.D.a Packet Pg. 328 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 40 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 10.D.a Packet Pg. 329 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 41 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. 10.D.a Packet Pg. 330 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 42 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 10.D.a Packet Pg. 331 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 43 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 10.D.a Packet Pg. 332 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 44 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. 10.D.a Packet Pg. 333 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 45 “–” 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 - 10.D.a Packet Pg. 334 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 46 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 10.D.a Packet Pg. 335 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 47 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 10.D.a Packet Pg. 336 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 48 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. 10.D.a Packet Pg. 337 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 49 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, 10.D.a Packet Pg. 338 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 50 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. 10.D.a Packet Pg. 339 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 51 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. 10.D.a Packet Pg. 340 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 52 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 103 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 10.D.a Packet Pg. 341 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 53 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 10.D.a Packet Pg. 342 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 54 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 10.D.a Packet Pg. 343 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 55 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. 10.D.a Packet Pg. 344 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 56 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 10.D.a Packet Pg. 345 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 57 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. 10.D.a Packet Pg. 346 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 58 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 10.D.a Packet Pg. 347 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 59 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 10.D.a Packet Pg. 348 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 60 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, 10.D.a Packet Pg. 349 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 61 etc.), and public infrastructure and utilities. No waiver shall be granted for a semi-tractor trailer loading space. DC. 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. ED. 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. FG. Number of Loading Spaces Required. Projects shall provide loading spaces as follows: 1. Residential Only. 10.D.a Packet Pg. 350 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 62 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: 10.D.a Packet Pg. 351 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 63 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. GF. 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. 10.D.a Packet Pg. 352 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 64 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. HG. 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. IH. 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. JI. 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 10.D.a Packet Pg. 353 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 65 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. KJ. 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. 10.D.a Packet Pg. 354 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 66 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. 10.D.a Packet Pg. 355 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 67 1. Citywide Excluding Third Street Promenade Area and Santa Monica Pier. Except as provided in subsections 2 and 3, below, limited 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; 10.D.a Packet Pg. 356 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 68 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; 10.D.a Packet Pg. 357 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 69 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; 10.D.a Packet Pg. 358 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 70 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. 10.D.a Packet Pg. 359 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 71 a. The primary use of the premises shall be for sit-down meal service to patrons; b. 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; c. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted; d. 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; e. The establishment shall maintain a kitchen or food-serving area in which a variety of food is prepared on the premises; f. Take out service shall be only incidental to the primary sit-down use; g. No alcoholic beverage shall be sold for consumption beyond the premises; h. Except for special events, alcohol shall not be served in any disposable containers such as disposable plastic or paper cups; i. No more than 3 television screens including video projectors or similar audio/visual devices shall be utilized on the premises. None of these televisions or projection surfaces shall exceed 60 inches measured diagonally; j. No video or other amusement games shall be permitted on the premises; 10.D.a Packet Pg. 360 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 72 k. Entertainment may only be permitted in the manner set forth in Section 9.31.290, Restaurants with Entertainment; l. 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; m. 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; n. The permitted hours of alcoholic beverage service shall be 9:00 a.m. to 11:00 p.m. Sunday through Thursday, and 9:00 a.m. to 12:00 a.m. Friday and Saturday with complete closure and all employees vacated from the building by 12:00 a.m. Sunday through Thursday, and 1:00 a.m. Friday and Saturday. All alcoholic beverages must be removed from the outdoor dining area no later than 10:00 p.m. Sunday through Thursday and 11:00 p.m. Friday and Saturday. No after-hours operation is permitted; o. No more than 35 percent of total gross revenues per year shall be from alcohol sales. The operator shall maintain records of gross revenue sources, which shall be submitted annually to the Planning Division at the beginning of the calendar year and also available to the City and the California Department of State Alcoholic Beverage Control (ABC) upon request; p. 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. Liquor bottle service shall be prohibited. Wine and beer bottle service shall 10.D.a Packet Pg. 361 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 73 not be available to patrons unless full meal service is provided concurrent with the bottle service. All food items shall be available from the full service menu; q. 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; r. The establishment 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; s. Establishments with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code; t. 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; u. 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 10.D.a Packet Pg. 362 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 74 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; v. 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; w. 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; x. 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; y. 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 z. 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 10.D.a Packet Pg. 363 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 75 these conditions of approval. Minor amendments to the plans shall be subject to approval by the Director. 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 10.D.a Packet Pg. 364 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 76 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. 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 10.D.a Packet Pg. 365 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 77 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 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. 10.D.a Packet Pg. 366 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 78 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. 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. 10.D.a Packet Pg. 367 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 79 c. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license. d. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted. e. Except as may be permitted by a Temporary Use Permit issued in accordance with Santa Monica Municipal Code Chapter 9.44, Temporary Use Permits, alcohol shall not be served in any disposable containers such as disposable plastic or paper cups. f. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises. g. Liquor bottle service shall be prohibited. Wine and beer bottle service shall not be available to patrons unless food service is provided concurrent with the bottle service. For purposes of this paragraph, “bottle service” means the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, or other items used for the mixing of drinks, which patrons are able to then use to make their own drinks or pour their own wine or beer. 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. 10.D.a Packet Pg. 368 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 80 i. Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code. j. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues. k. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all 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. 10.D.a Packet Pg. 369 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 81 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. 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. 10.D.a Packet Pg. 370 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 82 42. 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 within a radius of 750 feet from the exterior boundaries of the property involved in the application. The applicant or any property owners and residential and commercial tenants within a radius of 750 feet from the exterior boundaries of the property involved in the application may appeal the decision to the Planning Commission following the procedures set forth in Section 9.37.130(B-D) and subject to the findings of Section 9.31.040(C). 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 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 10.D.a Packet Pg. 371 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 83 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 (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 10.D.a Packet Pg. 372 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 84 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 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 or decrease in the number of seats in any restaurant that serves alcoholic beverages, but in no case shall the increase exceed any established seating limitation in the underlying zoning district. (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. 10.D.a Packet Pg. 373 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 85 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 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. 10.D.a Packet Pg. 374 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 86 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 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, 10.D.a Packet Pg. 375 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 87 union halls, meeting halls for clubs and other membership organizations. This classification includes functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, and storage. It does not include gymnasiums or other sports facilities, convention centers, or facilities, such as day care centers and schools that are separately classified and regulated. See Division 3, Section 9.31.100, Community Assembly, for further details. 6. Community Garden. An area of land managed and maintained by a public or non-profit organization or a group of individuals to grow and harvest food crops and/or ornamental crops, such as flowers, for personal or group use, consumption, or donation. Community gardens may be divided into separate plots for cultivation by 1 or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members. Community gardens may be accessory to public or institutional uses such as parks, schools, community centers, or religious assembly uses. This classification does not include gardens that are on a property in residential use when access is limited to those who reside on the property. Community gardens do not include medical marijuana collectives. 7. Cultural Facility. Facilities engaged in activities to serve and promote aesthetic and educational interest in the community that are open to the public on a regular basis. This classification includes performing arts centers for theater, music, dance, and events; spaces for display or preservation of objects of interest in the arts or sciences; libraries; museums; historical sites; aquariums; art galleries; and zoos and botanical gardens. It does not include schools or institutions of higher education providing curricula of a general nature. 10.D.a Packet Pg. 376 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 88 8. Hospitals and Clinics. State-licensed public, private, and non-profit facilities providing medical, surgical, mental health, or emergency medical services. This classification includes facilities for inpatient or outpatient treatment, including substance- abuse programs, as well as training, research, and administrative services for patients and employees. This classification excludes veterinary services and animal hospitals (see Animal Care, Sales, and Services). a. Hospital. A facility providing medical, surgical, mental health, or services primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors. b. Clinic. A facility providing medical, mental health, or surgical services exclusively on an out-patient basis, including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment. This classification includes licensed facilities offering substance abuse treatment, blood banks, plasma, dialysis centers, and emergency medical services offered exclusively on an out-patient basis. This classification does not include private medical and dental offices that typically require appointments and are usually smaller scale (see Offices, Medical and Dental). 9. Park and Recreation Facility. Parks, playgrounds, recreation facilities, trails, wildlife preserves, and related open spaces, which are open to the general public. This classification also includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, golf courses, and botanical gardens, as well as related food 10.D.a Packet Pg. 377 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 89 concessions or community centers within the facilities and restrooms within a primary structure or in an accessory structure on the same site. 10. Public Safety Facility. Facilities providing public-safety and emergency services, including police and fire protection and emergency medical services, with incidental storage, training and maintenance facilities. 11. School. Facilities for primary or secondary education, including public schools, charter schools, and private and parochial schools. 12. Social Service Center. Facilities providing a variety of supportive services for disabled and homeless individuals and other targeted groups on a less than 24-hour basis. Examples of services provided are counseling, meal programs, personal storage lockers, showers, instructional programs, television rooms, and meeting spaces. This classification is distinguished from licensed day care centers (see Adult Day Care and Child Care and Early Education Facility), clinics (see Clinic), and emergency shelters providing 24-hour or overnight care (see Emergency Shelter). B. Commercial Use Classifications. 1. Adult-Oriented Business. See Sexually-Oriented Businesses. 2. Animal Care, Sales and Services. Retail sales and services related to the boarding, grooming, and care of household pets, including: a. Grooming and Pet Store. Retail sales of animals and/or services, including grooming, for animals on a commercial basis. Typical uses include dog bathing and clipping salons, pet grooming shops, and pet stores and shops. This classification excludes dog walking and similar pet care services not carried out at 10.D.a Packet Pg. 378 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 90 a fixed location, and excludes pet supply stores that do not sell animals or provide on-site animal services (see General Retail Sales). b. Kennel. A commercial, non-profit, or governmental facility for keeping, boarding, training, breeding or maintaining 4 or more dogs, cats, or other household pets not owned by the kennel owner or operator on a 24-hour basis. This classification includes animal shelters and animal hospitals that provide boarding-only services for animals not receiving services on the site but excludes the provision by shops and hospitals of 24-hour accommodation of animals receiving medical services on site. This classification also includes kennels that, in addition to 24-hour accommodation, provide pet care for periods of less than 24 hours but it does not include facilities that provide pet day care exclusively or predominantly. c. Pet Day Care Service. A commercial, non-profit, or governmental facility for keeping 4 or more dogs, cats, or other household pets not owned by the kennel owner or operator primarily for periods of less than 24 hours. d. Veterinary Service. Veterinary services for domesticated animals. This classification allows 24-hour accommodation of animals receiving medical services but does not include kennels. 3. Automobile/Vehicle Sales and Services. Retail or wholesale businesses that sell, rent, and/or repair automobiles, boats, recreational vehicles, trucks, vans, trailers, and motorcycles, including the following: a. Alternative Fuels and Recharging Facility. A facility offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g., LPG) 10.D.a Packet Pg. 379 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 91 as well as equipment to recharge electric-powered vehicles. This classification does not include facilities within public garages or other stations that are accessory to a permitted use. b. Automobile Rental. Rental of automobiles. Typical uses include car rental agencies. See Division 3, Section 9.31.050, Automobile Rental, for further details. c. Automobile Storage Parcel. Any property used for short- or long-term parking of vehicles for sale or lease at an automobile dealership or rental agency on a separate parcel from such agency or dealership. d. Automobile/Vehicle Sales and Leasing. Sale or lease, retail or wholesale, of new or used automobiles, light trucks, motorcycles, motor homes, and trailers, together with associated repair services and parts sales for vehicles sold or leased by the manufacturer associated with the dealership. (For auto repair, see Automobile/Vehicle Service and Repair, Major and Minor.) This classification includes on-site facilities for maintaining an inventory of vehicles for sale or lease but excludes buildings and property on a separate site that are used for storing vehicles (see Automobile Storage Parcel). Typical uses include automobile dealers and recreational vehicle sales agencies. This classification also includes minor on-site preparation, washing, buffing, waxing, and detailing of vehicles for sale or vehicles repaired at the facility. Any outdoor preparation, washing, buffing, waxing, and detailing of vehicles shall comply with the standards of Section 9.31.080(C), (D), (M), (N), (P), and (Q). This classification does not include automobile brokerage and other establishments that solely provide services of 10.D.a Packet Pg. 380 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 92 arranging, negotiating, assisting, or effectuating the purchase of automobiles for others. See Division 3, Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage, for further details. e. Automobile/Vehicle Repair, Major. Repair of automobiles, trucks, motorcycles, motor homes, boats and recreational vehicles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, auto glass services, vehicle painting, tire sales and installation, and installation of car alarms, sound, telecommunications, and navigation systems, but excludes vehicle dismantling or salvaging and tire retreading or recapping. See Division 3, Section 9.31.060, Automobile/Vehicle Repair, Major and Minor, for further details. f. Automobile/Vehicle Service and Repair, Minor. The service and repair of automobiles, light-duty trucks, boats, and motorcycles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as an accessory use to a gasoline sales station or automotive accessories and supply store, as well as smog check quick-service oil, tune-up and brake and muffler shops where repairs are made or service provided in enclosed bays and no vehicles are stored overnight. This classification excludes disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles; automotive body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors or hazardous materials, and 10.D.a Packet Pg. 381 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 93 towing services. It also excludes repair of heavy trucks, limousines or construction vehicles. See Division 3, Section 9.31.060, Automobile/Vehicle Repair, Major and Minor, for further details. g. Automobile/Vehicle Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles, that are the principal use of a building, structure, or site, including self-serve washing facilities. See Division 3, Section 9.31.080, Automobile/Vehicle Washing, for further details. h. Large Vehicle and Equipment Sales, Service, and Rental. Sales, servicing, rental, fueling, and washing of large trucks, trailers, tractors, and other equipment used for construction, moving, agricultural, or landscape gardening activities. Includes large vehicle operation training facilities. i. Service Station. Establishments primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing minor automobile/vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or providing accessory food and retail services. See Division 3, Section 9.31.320, Service Stations, for further details. j. Towing and Impound. Establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as vehicle storage and emergency road repair services (for automobile dismantling, see Salvage and Wrecking). This classification includes parcels used for storage of impounded vehicles. 10.D.a Packet Pg. 382 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 94 4. Banks and Financial Institutions. a. Bank and Credit Union. Financial institutions providing retail banking services. This classification includes only those institutions engaged in the on-site circulation of money, including credit unions, but excluding check-cashing businesses. For administration, headquarters, or other offices of banks and credit unions without retail banking services/on-site circulation of money (see Offices, Business and Professional). b. Check Cashing Business. Establishments that, for compensation, engage in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification also includes the business of deferred deposits, whereby the check casher refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code 1789.33. Check Cashing Businesses do not include State or Federally chartered banks, savings associations, credit unions, or industrial loan companies. They also do not include retail sellers engaged primarily in the business of selling consumer goods, such as consumables to retail buyers that cash checks or issue money orders incidental to their main purpose or business. 5. Bar. See Eating and Drinking Establishments. 6. Business Service. Establishments providing goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, mailbox services, equipment rental and leasing, office security, custodial services, film 10.D.a Packet Pg. 383 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 95 processing, model building, and delivery services with 2 or fewer fleet vehicles on-site. (For 3 or more fleet vehicles, see Light Fleet-Based Services.) 7. Commercial Entertainment and Recreation. Provision of participant or spectator entertainment. This classification may include restaurants, snack bars, and other incidental food and beverage services to patrons. a. Cinema. Facilities for indoor display of films and motion pictures. b. Theater. Facilities designed and used for entertainment, including plays, comedy, and music, which typically contain a stage upon which movable scenery and theatrical appliances or musical instruments and equipment are used. c. Convention and Conference Centers. Facilities designed and used for conventions, conferences, seminars, trade shows, product displays, and other events in which groups gather to promote and share common interests. Convention centers typically have at least one auditorium and may also contain concert halls, lecture halls, meeting rooms, and conference rooms, as well as accessory uses such as facilities for food preparation and serving and administrative offices. For conference facilities accessory to hotels, see Hotel and Motel. d. Large-Scale Facility. This classification includes large outdoor facilities such as amusement and theme parks, sports stadiums and arenas, racetracks, amphitheaters, drive-in theaters, driving ranges, and golf courses. It also includes indoor facilities with 5,000 square feet or more in building area such as fitness centers, gymnasiums, handball, racquetball, or large tennis club 10.D.a Packet Pg. 384 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 96 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, health clubs, yoga studios, dance halls, small tennis club facilities, poolrooms, and amusement arcades. f. Fortunetelling. An establishment where a person or persons provide fortunetelling services and demand or receive, directly or indirectly, a fee or reward, or accept any donation for the exercise or exhibition of fortunetelling services, or give an exhibition of fortunetelling services at any place where a fee, donation or reward is charged or received, directly or indirectly as a condition of entry. Fortunetelling services shall include, but not be limited to, the telling of fortunes, forecasting of futures, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, psychic reading, occult reading, clairvoyance, clairaudience, cartomancy, psychometry, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, tarot card readings, tea leaves, telepathy or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic of any kind or nature. 10.D.a Packet Pg. 385 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 97 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 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. 10.D.a Packet Pg. 386 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 98 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. Ed. With Drive-Through Facility. Establishments providing food and beverage services to patrons remaining in automobiles. Includes drive-up service. Fe. With Outdoor Dining and Seating Area. Provision of outdoor dining facilities on the same property or in the adjacent public right-of-way. See Division 3, Section 9.31.200, Outdoor Dining and Seating, for further details. 9. Equipment Rental. Establishments whose primary activity is the rental of equipment, such as medical and party equipment, to individuals and business, and whose activities may include storage and delivery of items to customers. 10.D.a Packet Pg. 387 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 99 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; cheese stores; and delicatessens. This classification may include small-scale specialty food production with retail sales such as pasta shops. See Division 3, 10.D.a Packet Pg. 388 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 100 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 performing arts, martial arts, physical exercise, or yoga training and similar types of instruction. See Personal Services-Physical Training. 10.D.a Packet Pg. 389 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 101 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. 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 10.D.a Packet Pg. 390 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 102 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 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). 10.D.a Packet Pg. 391 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 103 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, 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). 10.D.a Packet Pg. 392 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 104 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 of 5 or less persons. This classification also includes exclusively youth-serving studios of less than 3,000 square feet offering performing arts, dance, martial arts, physical exercise, and similar types of instruction to classes and groups of more than 5 persons. 10.D.a Packet Pg. 393 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 105 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, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, 10.D.a Packet Pg. 394 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 106 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 identification card” shall be as defined in California Health and Safety Code Section 11362.5 et seq. 10.D.a Packet Pg. 395 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 107 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- site for their own personal medical use and does not include the provision, cultivation, or distribution of medical marijuana at this dwelling unit by 10.D.a Packet Pg. 396 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 108 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 include incidental display and retail sales of items produced on the premises and 10.D.a Packet Pg. 397 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 109 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 manufacturing; fabricated metal product manufacturing; and automotive and heavy equipment manufacturing. 10.D.a Packet Pg. 398 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 110 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). 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. 10.D.a Packet Pg. 399 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 111 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. 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.D.a Packet Pg. 400 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 112 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. 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 10.D.a Packet Pg. 401 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 113 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 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. 10.D.a Packet Pg. 402 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 114 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 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). 10.D.a Packet Pg. 403 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 115 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: 9.52.010 List of Terms 30% Income Household 50% Income Household 60% Income Household 80% Income Household 100% Affordable Housing Project Abandoned, Abandonment 10.D.a Packet Pg. 404 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 116 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 Balcony Base District Base Height Basement Bathroom Bay Window Bedroom 10.D.a Packet Pg. 405 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 117 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 Carport Change of Use Clerestory City City Council City Engineer City-Designated Contributing Building or Structure 10.D.a Packet Pg. 406 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 118 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 Director Disability Discretionary Permit District Domestic Violence Shelter Driveway Dwelling 10.D.a Packet Pg. 407 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 119 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 Footprint Frontage, Street Garage Semi-Subterranean Garage Subterranean Garage Garage Sales General Plan 10.D.a Packet Pg. 408 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 120 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 Household Illegal Use Intensity of Use Intersection, Street Junior Accessory Dwelling Unit Kitchen Landscape 10.D.a Packet Pg. 409 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 121 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 Loft Lot Maintenance and Repair Manufactured Housing Mezzanine Mixed-Use Development Mobile Home Park 10.D.a Packet Pg. 410 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 122 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 Parcel, Reversed Corner Parcel, Through Parcel Area Parcel Depth Parcel Frontage Parcel Line Parcel Line, Front 10.D.a Packet Pg. 411 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 123 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 Unbundled Parking Valet Parking Parking Structure Semi-Subterranean Subterranean Patio Paving 10.D.a Packet Pg. 412 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 124 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 Reasonable Accommodation Residential Use Review Authority Right-of-Way Roof Barrel Roof Gambrel Roof 10.D.a Packet Pg. 413 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 125 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 Sidewalk Café Sign-Related Definitions Site Skylight Solar Energy System State Historical Building Code Story 10.D.a Packet Pg. 414 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 126 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 Use Use, Accessory Use, Primary Use Classification Use Permit Use Type Utilities 10.D.a Packet Pg. 415 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 127 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. 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, 10.D.a Packet Pg. 416 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 128 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. 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 10.D.a Packet Pg. 417 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 129 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. 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. 10.D.a Packet Pg. 418 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 130 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. 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 10.D.a Packet Pg. 419 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 131 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 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. 10.D.a Packet Pg. 420 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 132 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. 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. 10.D.a Packet Pg. 421 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 133 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. 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 10.D.a Packet Pg. 422 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 134 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. 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. 10.D.a Packet Pg. 423 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 135 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. 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 10.D.a Packet Pg. 424 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 136 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. 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. 10.D.a Packet Pg. 425 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 137 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 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. 10.D.a Packet Pg. 426 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 138 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. 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. 10.D.a Packet Pg. 427 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 139 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. 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. 10.D.a Packet Pg. 428 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 140 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 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 10.D.a Packet Pg. 429 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 141 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. 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 10.D.a Packet Pg. 430 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 142 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 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 10.D.a Packet Pg. 431 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 143 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 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. 10.D.a Packet Pg. 432 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 144 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. 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. 10.D.a Packet Pg. 433 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 145 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 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. 10.D.a Packet Pg. 434 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 146 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 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. 10.D.a Packet Pg. 435 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 147 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. 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. 10.D.a Packet Pg. 436 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 148 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. 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. 10.D.a Packet Pg. 437 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 149 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. 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. 10.D.a Packet Pg. 438 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 150 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 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 10.D.a Packet Pg. 439 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 151 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. 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. 10.D.a Packet Pg. 440 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 152 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. 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 10.D.a Packet Pg. 441 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 153 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. 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. 10.D.a Packet Pg. 442 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 154 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 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. 10.D.a Packet Pg. 443 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 155 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. 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. 10.D.a Packet Pg. 444 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 156 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 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. 10.D.a Packet Pg. 445 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 157 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. 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. 10.D.a Packet Pg. 446 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 158 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 10.D.a Packet Pg. 447 Attachment: CDD-Ord-Economic Recovery 101122 [Revision 2] (5200 : Permanent Economic Recovery Zoning Ordinance Changes for 1 Vernice Hankins From:Jon Lange <jlange@bxp.com> Sent:Friday, October 7, 2022 1:27 PM To:Gleam Davis; Sue Himmelrich; Kristin McCowan; Phil Brock; Oscar de la Torre; Lana Negrete; Christine Parra; councilmtgitems Cc:David Martin; Steve Mizokami; David White Subject:For your consideration EXTERNAL RE: Agenda Item 10.D, Zoning Code Changes Supporting Economic Recovery Dear Councilmembers, As both a Santa Monica resident and professional with Boston Properties (BXP), I am writing in support of the above‐ referenced zoning modifications, to promote economic recovery efforts, becoming permanent. I respectfully ask the Council promptly to adopt these changes, as recommended by the Planning Commission and City Staff. BXP owns both the Santa Monica Business Park and the Colorado Center. A core priority for enhancements to both properties is to better engage with the neighborhood and broader Santa Monica community. We have invested significantly in upgrades to the open / public space and landscaping at Colorado Center, and we are grateful for the City’s recent approval for the forthcoming upgrades to the open space and landscaping at the Business Park. We have also enhanced our on‐site community programming & events to invite residents to use and enjoy our properties. An important piece of activating our properties and open spaces is attracting restaurants with outdoor dining. These restaurants not only serve the employees working at these facilities, but also neighboring residents and our broader Santa Monica community. There are many barriers to opening a new business in Santa Monica, and, to be sure, in many other CA municipalities. The zoning modifications before you for adoption on October 11th remove a few critical barriers. These modifications have been, and will continue to be, important in our discussions with potential restauranteurs going forward. With the current interim ordinance set to expire at the end of this year, it is critical that the zoning modifications be made permanent. This will reduce friction for the opening of desperately needed new restaurants and avoid adding back the previous barriers that current prospective entrepreneurs are relying upon. Many of these prospects will not have plans filed for their new projects before the interim provisions expire, set for the end of this year. In summary, I respectfully request that the Council make these interim provisions permanent. Thank you for your service, dedication to our City, and your potential consideration of the permanent extension of this ordinance. Respectfully submitted, Jonathan Lange Item 10.D 10/11/22 1 of 5 Item 10.D 10/11/22 10.D.b Packet Pg. 448 Attachment: Written Comments (5200 : Permanent Economic Recovery Zoning Ordinance Changes for Promenade and City Wide (60 min)) 2 [October 7, 2022. Sent via e‐mail] Jonathan Lange SVP | Los Angeles Region Co-head | U.S. Life Science Investments 2800 28th Street, Suite 170 Santa Monica, CA 90405 (424) 330-3133 jlange@bxp.com Disclaimer This message is a private communication and is intended only for the named addressee. It may contain information which is confidential, proprietary and/or privileged under applicable law. If you are not the designated recipient, you may not review, copy or distribute this message. If you receive this message in error, please notify the sender by reply e-mail and delete this message from your system. Item 10.D 10/11/22 2 of 5 Item 10.D 10/11/22 10.D.b Packet Pg. 449 Attachment: Written Comments (5200 : Permanent Economic Recovery Zoning Ordinance Changes for Promenade and City Wide (60 min)) Board Executives Chair Greg Morena The Albright Past Chair Michael Ricks Providence Saint John’s Health Center Treasurer Len Lanzi Stubbs, Alderton & Markiles LLP Vice Chair Julia Ladd Santa Monica Place/Macerich Vice Chair Paula Larmore Harding Larmore Kutcher & Kozal LLP Vice Chair Ellis O’Connor MSD Hospitality/Fairmont Miramar Hotel Vice Chair Becky Warren Elevate Public Affairs Board Members Younes Atallah Loews Santa Monica Beach Hotel Craig Babington Morley Builders Andrew Barrett-Weiss GoodRX Dom Bei Santa Monica Firefighters Local 1109 Jason Berkowitz Arrow Up Training Jasson Crockett Snapchat Kevin Delijani Delphi Real Estate Group Dr. Ben Drati SMMUSD Celia Fisher Beach Moms Daycare Board Members, Cont. Rudy Flores Santa Monica Police Officers Association Jeffrey Fritz Fritz Buffone Group | Compass Realty Lisa Glasser Oracle Ann Hsing Pasjoli Kathy Irby Commercial Bank of California Jeff Jarow PAR Commercial Dr. Kathryn Jeffery Santa Monica College Kim Koury Spin PR Julien Laracine Proper Hospitality Charlie Lopez-Quintana ETC Hotels Jonathan McCowan 310 Tutors Susan Neisloss Big Bite Productions Pam O’Connor Terry O’Day In Charge Energy Janet Rimicci UCLA Health Laura Rosenbaum CIT One West Beth Schroeder Raines Feldman Jon Shoemaker Gumbiner Savett, Inc. Nat Trives Coalition for Engaged Education Jerry L. Yu Kaiser Permanente October 11, 2022 City Council City of Santa Monica 1685 Main Street Santa Monica, CA 90401 RE: Agenda Item 10D – Permanent codification of economic recovery interim zoning ordinances - SUPPORT Dear Mayor and Council Members: On behalf of the Santa Monica Chamber of Commerce we want to offer our support for making the currently active Interim Zoning Ordinances 2637 as extended/modified by IZO 2657 (Citywide Economic Recovery Area) and 2690 (Third Street Promenade) (collectively the "IZOs") permanent. The Chamber supported the Council's adoption of these provisions in May 2020 as a commonsense step toward removing barriers to business activity that was desperately needed. We are glad that, after two years of trial, testing and refinement, these provisions are being considered for permanent adoption. These provisions provide flexibility and remove certain barriers to business creation and operation—including changes of use, hours of operation, and parking provision. We are aware of several vacant spaces in the City that are in various stages of leasing based upon these provisions. As they are currently set to expire at the end of 2022, making these provisions permanent will help ensure exciting opportunities to activate vacant ground floor space can be realized, and additional opportunities can be explored without the risk of the provisions expiring before a business can open. We have seen and heard no negative feedback over the past two years regarding the flexibility these IZOs have provided. Given that positive history, we respectfully ask for your prompt adoption to make them permanent. We look forward to continuing our collaboration with City Staff, the Planning Commission and the City Council on ways to improve efficiencies and remove barriers to opening a business in Santa Monica. Thank you, Judy Kruger Greg Morena President/CEO 2022-23 Board Chair Item 10.D 10/11/22 3 of 5 Item 10.D 10/11/22 10.D.b Packet Pg. 450 Attachment: Written Comments (5200 : Permanent Economic Recovery Zoning Ordinance Changes for Promenade and City Wide (60 min)) Board Executives Chair Greg Morena The Albright Past Chair Michael Ricks Providence Saint John’s Health Center Treasurer Len Lanzi Stubbs, Alderton & Markiles LLP Vice Chair Julia Ladd Santa Monica Place/Macerich Vice Chair Paula Larmore Harding Larmore Kutcher & Kozal LLP Vice Chair Ellis O’Connor MSD Hospitality/Fairmont Miramar Hotel Vice Chair Becky Warren Elevate Public Affairs Board Members Younes Atallah Loews Santa Monica Beach Hotel Craig Babington Morley Builders Andrew Barrett-Weiss GoodRX Dom Bei Santa Monica Firefighters Local 1109 Jason Berkowitz Arrow Up Training Jasson Crockett Snapchat Kevin Delijani Delphi Real Estate Group Dr. Ben Drati SMMUSD Celia Fisher Beach Moms Daycare Board Members, Cont. Rudy Flores Santa Monica Police Officers Association Jeffrey Fritz Fritz Buffone Group | Compass Realty Lisa Glasser Oracle Ann Hsing Pasjoli Kathy Irby Commercial Bank of California Jeff Jarow PAR Commercial Dr. Kathryn Jeffery Santa Monica College Kim Koury Spin PR Julien Laracine Proper Hospitality Charlie Lopez-Quintana ETC Hotels Jonathan McCowan 310 Tutors Susan Neisloss Big Bite Productions Pam O’Connor Terry O’Day In Charge Energy Janet Rimicci UCLA Health Laura Rosenbaum CIT One West Beth Schroeder Raines Feldman Jon Shoemaker Gumbiner Savett, Inc. Nat Trives Coalition for Engaged Education Jerry L. Yu Kaiser Permanente October 11, 2022 City Council City of Santa Monica 1685 Main Street Santa Monica, CA 90401 RE: Agenda Item 10D – Permanent codification of economic recovery interim zoning ordinances - SUPPORT Dear Mayor and Council Members: On behalf of the Santa Monica Chamber of Commerce we want to offer our support for making the currently active Interim Zoning Ordinances 2637 as extended/modified by IZO 2657 (Citywide Economic Recovery Area) and 2690 (Third Street Promenade) (collectively the "IZOs") permanent. The Chamber supported the Council's adoption of these provisions in May 2020 as a commonsense step toward removing barriers to business activity that was desperately needed. We are glad that, after two years of trial, testing and refinement, these provisions are being considered for permanent adoption. These provisions provide flexibility and remove certain barriers to business creation and operation—including changes of use, hours of operation, and parking provision. We are aware of several vacant spaces in the City that are in various stages of leasing based upon these provisions. As they are currently set to expire at the end of 2022, making these provisions permanent will help ensure exciting opportunities to activate vacant ground floor space can be realized, and additional opportunities can be explored without the risk of the provisions expiring before a business can open. We have seen and heard no negative feedback over the past two years regarding the flexibility these IZOs have provided. Given that positive history, we respectfully ask for your prompt adoption to make them permanent. We look forward to continuing our collaboration with City Staff, the Planning Commission and the City Council on ways to improve efficiencies and remove barriers to opening a business in Santa Monica. Thank you, Judy Kruger Greg Morena President/CEO 2022-23 Board Chair Item 10.D 10/11/22 4 of 5 Item 10.D 10/11/22 10.D.b Packet Pg. 451 Attachment: Written Comments (5200 : Permanent Economic Recovery Zoning Ordinance Changes for Promenade and City Wide (60 min)) 1 Vernice Hankins From:Evan Pozarny <epozarny@muselli.net> Sent:Monday, October 10, 2022 3:22 PM To:councilmtgitems Subject:Supporting Item 10D EXTERNAL Dear Mayor and Council Members, Please support Item 10D and make the interim zoning ordinances permanent. These IZOs have reduced barriers to opening and operating a business in Santa Monica and proven critical in supporting our economic recovery. Let's continue to support our small, local businesses and enliven our downtown and business districts by making these changes permanent. Thank you, Evan Pozarny 90401 Evan Pozarny Executive Vice President Muselli Commercial Realtors 1513 6th Street Suite 201 A Santa Monica, CA 90401 Phone: 310-458-4100 ext 221 Cell: 716-830-8819 Email: epozarny@muselli.net Web: www.muselli.net BRE # 01304769 Item 10.D 10/11/22 5 of 5 Item 10.D 10/11/22 10.D.b Packet Pg. 452 Attachment: Written Comments (5200 : Permanent Economic Recovery Zoning Ordinance Changes for Promenade and City Wide (60 min)) City CouncilZoning Ordinance Amendments Economic Recovery October 11, 2022 10.D.c Packet Pg. 453 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning IZO | Economic Recovery Efforts Permanent Adoption of Economic Recovery IZOs (Citywide & Promenade) Necessary to Stimulate Economic Recovery & Protect Public Health, Safety, and Welfare 1.Citywide IZO: Downtown DCP Districts (excluding Third Street Promenade Area) Mixed-Use/Commercial Employment Districts Oceanfront Districts Public and Semi-Public Districts 2. Third Street Promenade Area IZO: Third Street Promenade (BC District) BC District (2nd & 4th): Portions bounded by 2nd Street, Broadway, 4th Street, Wilshire Blvd 10.D.c Packet Pg. 454 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning IZO | Economic Recovery Efforts Purpose: Encourage Business Reopening Remove land-use restrictions Simplify land-use allowances & review procedures (entitlements & parking) Provide flexibility on where commercial uses may be located on a property 1.Citywide IZO: Provides flexibility for changes in uses, fewer restrictions on size limitations of uses such as restaurants and fitness. 2. Third Street Promenade Area IZO: More specific to the ongoing vitality of the Promenade Area 10.D.c Packet Pg. 455 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning Background | Emergency IZOs May 12, 2020: Council adopted two (2) Emergency IZOs due to COVID-19 November 10, 2020 : IZOs (Citywide & Promenade) Extended through Dec. 31, 2022 Subsequent Revisions to Promenade IZO: April 13, 2021 | Sept. 28, 2021 | Jan 25, 2022 August 17, 2022: Planning Commission Recommendation to Adopt IZOs 10.D.c Packet Pg. 456 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning Citywide IZO Proposed Amendments Restaurants up to 5,000 SF : Permitted Use Allow restaurants as a Permitted Use instead of a Minor Use Permit (MUP) Streamlines review/allows greater flexibility for restaurant reopening Clerical (typo) Revision: NC District: remove Limitation L(10) and list as “P” permitted. (for restaurants up to 5,000 SF) Food Halls up to 175 Seats : Conditional Use Permit (CUP) Allow food halls up to 175 seats with Conditional Use Permit Remove Restaurant Use Limitations on Main Street Remove restrictions for restaurants up to 5,000 SF Remove restaurant/bars per block, number of seats and alcohol permit caps Would remove barriers for restaurants and would support restaurants on Main. 10.D.c Packet Pg. 457 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning Citywide IZO Proposed Amendments Clarifies Limitation on Size/Street Frontage of Ground Floor Tenant Spaces: Storefront width and tenant size applicable to only new construction & combination/enlargement of existing tenant spaces. Allows greater flexibility in reoccupying existing tenant spaces Abandonment of Non-Conforming Eating/Drinking Establishments and Retail Removes 12-month termination period Allows greater flexibility in reoccupying existing tenant spaces Relaxed Parking Requirements for Changes of Use Provides a 10 parking space credit for changes in use (current ZO: 3 spaces) Improves ability for new businesses to occupy vacant tenant spaces with slightly higher parking requirements compared to prior use or 1/300 parking rate Restaurants: excludes back-of-house and outdoor dining area square footage 10.D.c Packet Pg. 458 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning Citywide IZO Proposed Amendments Off-Site Parking Requirements for Food Halls Establishes parking rates Citywide from 1/300 to 1/500 (max for DCP) Relaxed Loading Requirements for Change of Use up to 5,000 SF Parking and Loading Operations Plan (PLOP) Staff may approve loading plans with modified dimensions or waiver of spaces Allows staff to address loading needs based on existing site conditions Simplifies change of use process 10.D.c Packet Pg. 459 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning Citywide IZO Proposed Amendments Alcohol Exemptions Citywide Simplifies operational conditions with minor expansion of operating hours 9am-12am daily SM Pier Only Expands applicability to bars/nightclubs, food halls, and general retail sales Expands operating hours to 8am-2am daily AE Application Processing for both Citywide and SM Pier: 50 Seats to more: notification remains however appeal procedures removed. 10.D.c Packet Pg. 460 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning Citywide IZO Proposed Amendments: Use Classifications Small Scale Facility: Removes health club and yoga studios, relocates to Personal Services, Physical Training up to 5,000 SF Allows greater flexibility for fitness uses Food Hall use Added Establishes Food Hall definition as a Commercial Use Classification Personal Services, Physical Training Expands current size restriction from classes of 5 or less to tenant spaces up to 5,000 SF Fitness and yoga studios added to definition Allows greater flexibility for fitness uses 10.D.c Packet Pg. 461 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning Promenade Area IZO Proposed Amendments Land-Use Changes Streamline permitting of existing uses, minimize MUP, CUP discretionary permits Allows greater flexibility in reoccupying existing tenant spaces Reduce Minimum Active Ground Floor Depth/Allow Direct Access to Upper Floors Reduces front depth from 50 feet to 25 feet Allows Entry/Direct Access to Upper Floors & Rear Offices from Promenade Allows greater flexibility in creating smaller tenant spaces, as needed. 10.D.c Packet Pg. 462 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning Promenade Area IZO Proposed Amendments Conversion of Existing Eating/Drinking Establishments to Other Uses Streamlines permitting by eliminating need for CUP to convert existing establishments to other uses. Abandonment of Non-Conforming Eating/Drinking Establishments and Retail Removes 12-month termination period for bars, restaurants, food hall, retail (sm-med) Allows greater flexibility in reoccupying existing tenant spaces Relaxed Loading Requirements for New Buildings, Additions/Enlargement, Change of Use Parking and Loading Operations Plan (PLOP) Staff may approve loading plans with modified dimensions or waiver of spaces Allows staff to address loading needs based on existing site conditions PC Recommendation: Expand to the Entire DCP Area, except for Ocean Avenue 10.D.c Packet Pg. 463 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning Promenade Area IZO Proposed Amendments Alcohol Exemptions Promenade Simplifies operational conditions with minor expansion of operating hours 8am-2am daily AE Application Processing for Promenade: 50 Seats to more: notification remains however appeal procedures removed. Zoning Conformance Review No longer requires a formal review application for change of ownership for existing non-conforming alcohol outlets without alcohol permits, establishes fewer Substantial Change in Mode or Character criteria. 10.D.c Packet Pg. 464 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning Promenade Area IZO Proposed Amendments FAR Calculation for Open-Air Rooftop Commercial Uses Promenade Only: Exempts unenclosed rooftop areas used for commercial or restaurant from Floor Area/FAR. Allows shading devises up to 10 feet above roofline/aggregate coverage up to 50% Supports use of outdoor space on Promenade bldgs. PC Recommendation: Expand allowance to include the defined “Third Street Promenade Area.” Use Classification: Industry, Limited Allows for uses on within the Promenade Area, with Limitation on certain uses and that the front ground floor be activated. 10.D.c Packet Pg. 465 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning Recommendation Amendments are consistent with LUCE Policies: (LU-9) Adapt to changing conditions and to support small businesses (LU13.4) Reduce regulatory costs on small business and explore ways to streamline approval process for new/existing businesses (LU13.4) 1.Council Adoption of Citywide IZO Zoning Amendments 2.Council Adoption of Promenade IZO Zoning Amendments 10.D.c Packet Pg. 466 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning Clerical Revision : Attachment A: Page 30 Mixed-Use Commercial District Table 10.D.c Packet Pg. 467 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning Clerical Revision : Attachment A: Page 30 Restaurants < 2,500 SF Restaurants 2,500 SF –5,000 SF Neighborhood Commercial (NC)District Remove Limitation L(10): “Limited to restaurants with 50 or fewer seats” Permitted Use with No Restrictions 10.D.c Packet Pg. 468 Attachment: PowerPoint Presentation (5200 : Permanent Economic Recovery Zoning