SR 01-11-2022 7B
City Council Report
City Council Meeting: January 11, 2022
Agenda Item: 7.B
1 of 2
To: Mayor and City Council
From: Joseph Lawrence, Interim City Attorney, City Attorney's Office, Administration
Subject: Second Reading and Adoption of an Ordinance Amending the Zoning
Ordinance to Remove the Minor Use Permit Requirement for Tattoo and Body
Modification Parlors in Downtown and Mixed-Use and Commercial Districts
Recommended Action
Staff recommends that City Council waive reading in full and adopt the attached
Ordinance.
Summary
At its meeting on November 23, 2021, the City Council introduced for first reading
an ordinance amending Santa Monica Municipal Code Sections 9.10.040 and
9.11.020 of the Zoning Ordinance to remove the Minor User Permit requirement
for Tattoo or Body Modification Parlors in the City’s Downtown and Mixed-Use and
Commercial districts. The ordinance is now presented to City Council for adoption.
Prepared By: Bradley Michaud, Legal Operations Coordinator
Approved
Forwarded to Council
7.B
Packet Pg. 185
2 of 2
Attachments:
A. CDD-Ord-tattooparlors2d-01.11.2022
7.B
Packet Pg. 186
1
City Council Meeting: January 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 TO
REMOVE THE MINOR USE PERMIT REQUIREMENT FOR TATTOO AND BODY
MODIFICATION PARLORS IN THE CITY’S DOWNTOWN AND MIXED-USE AND
COMMERCIAL DISTRICTS
WHEREAS, on July 6, 2010, the City Council adopted the Land Use and
Circulation Element (“LUCE”) of the City’s General Plan; 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 of the City of Santa Monica (the
“City Council”) adopted the Downtown Community Plan (“DCP”); and
WHEREAS, pursuant to the Zoning Ordinance and the DCP, tattoo and body
modification parlors are subject to approval by Minor Use Permit, a discretionary permit
reviewed by the Zoning Administrator in the City’s Downtown and Mixed-Use and
Commercial Districts; and
WHEREAS, tattoo and body modification parlors further are subject to the specific
standards of SMMC 9.31.230(C), which are intended to, among other things, ensure
compliance with all applicable health and safety standards; and
WHEREAS, tattoos and body modifications are considered an art form serving
cosmetic, medical, and cultural purposes; and
7.B.a
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WHEREAS, for purposes of the Zoning Ordinance, tattoo or body modification
parlors are considered a sub-classification of personal services; and
WHEREAS, over time, tattoos and body modification parlors have begun operating
more like other general personal services, such as barber shops and beauty salons; and
WHEREAS, removing a discretionary barrier for tattoo or body modification parlors
would provide equity in terms of permitted land uses and review processes relative to
other personal services uses in the City; and
WHEREAS, removing the Minor Use Permit requirement for tattoo or body
modification parlors, subject to the special requirements in Santa Monica Municipal Code
Section 9.31.230(C), will streamline the approval process for such uses while continuing
protections for health and safety; and
WHEREAS, on September 20, 2021, in accordance with Santa Monica Municipal
Code Section 9.46.030(A), the Planning Commission adopted a Resolution of Intention,
Resolution Number 21-010 (PCS), declaring its intention to consider to the City Council
that the City Council amend the text of the Zoning Ordinance to remove the minor use
permit requirement for tattoo or body modification parlors in the City’s Downtown and
Mixed-use and Commercial Districts, subject to the provisions of Section 9.31.230(C);
and
WHEREAS, on October 20, 2021, in accordance with Santa Monica Municipal
Code Section 9.46.060(D), the Planning Commission conducted a duly noticed public
hearing to consider its recommendations to the City Council, and, after considering oral
and written testimony regarding the proposed amendments to the text of the Zoning
Ordinance, made the following findings as set forth in Resolution Number 21-013 (PCS):
7.B.a
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1. The proposed amendments to the text of the Zoning Ordinance are
consistent with the General Plan and any applicable Specific Plans in that tattoo
and body modification parlors will support Downtown’s role as a visitor destination
by encouraging uses that appeal to both locals and tourists and will maintain and
increase locally-based, independent, small personal service uses in the City’s
commercial districts; and
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 and enhance the character of
the City’s Downtown and Mixed-Use and Commercial districts by creating the
opportunity for additional unique and creative land uses while maintaining
appropriate health and safety measures; and
WHEREAS, on November 23, 2021, 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 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 November 23, 2021 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
7.B.a
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Plans in that tattoo and body modification parlors will support Downtown’s
role as a visitor destination by encouraging uses that appeal to both locals
and tourists and will maintain and increase locally-based, independent,
small personal service uses in the City’s commercial districts.
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 and enhance the character of the City’s Downtown
and Mixed-Use and Commercial districts by creating the opportunity for
additional unique and creative land uses while maintaining appropriate
health and safety measures.
SECTION 2. Santa Monica Municipal Code Section 9.10.040 is hereby amended
to read as follows:
9.10.040 Land Use Regulations
Table 9.10.040 prescribes the land use regulations for Downtown Districts. The
regulations for each district are established by letter designations below. These
designations apply strictly to the permissibility of land uses; applications for buildings or
structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with
specific limitations listed at the end of the table.
7.B.a
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“MUP” designates use classifications that are permitted after review and approval of a
Minor Use Permit.
“CUP” designates use classifications that are permitted after review and approval of a
Conditional Use Permit.
“—” designates uses that are not permitted.
Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the Santa
Monica Municipal code (“Zoning Ordinance”). Use classifications and sub-classifications
not listed in the table are prohibited. Accessory uses are permissible when they are
determined by the Zoning Administrator to be necessary and customarily associated with
and appropriate, incidental, and subordinate to, the principal uses and which are
consistent and not more disturbing or disruptive than permitted uses. The table also notes
additional use regulations that apply to various uses. Section numbers in the right-hand
column refer to other Sections of this Ordinance.
TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Residential Uses
Residential Housing
Types
See sub-classifications below.
Single Unit
Dwelling L(1) L(1) L(1) L(1) L(1) L(1) L(1)
Accessory
Dwelling Unit P P P P P P P
Section 9.31.025,
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
Junior Accessory
Dwelling Unit
P P P P P P P Section 9.31.025,
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
Duplex P L(3) L(1) L(1) L(1) L(1) L(1)
Multiple-Unit
Structure L(1) L(3) L(1) L(1) L(1) L(1) L(1)
7.B.a
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TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Senior Citizen
Multiple-Unit
Residential
L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Single-Room
Occupancy
Housing
L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Group Residential MUP MUP,
L(3)
MUP,
L(1) MUP, L(1) MUP MUP MUP
Congregate
Housing P MUP,
L(3) CUP, L(1) CUP, L(1) MUP MUP MUP
SMMC Section
9.31.110,
Congregate and
Transitional
Housing
Senior Group
Residential P MUP,
L(3)
MUP,
L(1) MUP, L(1) MUP,
L(1)
MUP,
L(1)
MUP,
L(1)
SMMC Section
9.31.310, Senior
Group
Residential
Elderly and Long-
Term Care P L(3) L(1) L(1) L(1) L(1) L(1)
Emergency
Shelters L(6)/CUP L(6)/ CUP CUP/L(1) L(1),
L(6)/CUP L(6)/CUP L(6)/
CUP
L(6)/
CUP
Family Day Care See sub-classifications below.
Large L(1) L(3) L(1) L(1) L(1) L(1) L(1)
SMMC Section
9.31.140, Family
Day Care, Large
Small L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Residential Facilities See sub-classifications below.
Residential Care,
General P L(3) L(1) L(1) P L(1) L(1) SMMC Section
9.31.270,
Residential Care
Facilities
Residential Care,
Limited P L(3) L(1) L(1) P L(1) L(1)
Residential Care,
Senior P L(3) L(1) L(1) P L(1) L(1)
Hospice, General P L(3) L(1) L(1) P L(1) L(1)
Hospice, Limited P L(3) L(1) L(1) P L(1) L(1)
Supportive
Housing P L(3) L(1) L(1) L(1) L(1) L(1)
Transitional
Housing P L(3) L(1) L(1) L(1) L(1) L(1)
Public and Semi-Public Uses
Adult Day Care L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Child Care and Early
Education Facilities P P L(1) P P P P
SMMC Section
9.31.120, Child
Care and Early
Education
Facilities
Colleges and Trade
Schools, Public or
Private CUP L(1) L(1) L(1) L(1) L(1) L(1)
Community
Assembly L(7)/CUP CUP - P CUP L(1) L(7)/
CUP
Community Gardens P P - P P P P
Cultural Facilities P P P P P P P
7.B.a
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TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Hospitals and
Clinics P P L(1) L(1) P - P
Park and Recreation
Facilities, Public P P P P P P P
Public Safety
Facilities P P P P P P P
Schools, Public or
Private CUP L(3) L(1) P P - CUP
Social Service
Centers P P - P P P P
SMMC Section
9.31.350, Social
Service Centers
Commercial Uses
Animal Care, Sales,
and Services See sub-classifications below.
Grooming and Pet
Stores L(5)/CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/ CUP L(5)/
CUP
L(5)/
CUP
No more than 10
dogs or cats can
be kept overnight
Pet Day Care
Services MUP MUP - MUP MUP MUP MUP
Veterinary
Services MUP MUP - MUP MUP - MUP
Automobile/Vehicle
Sales and Service See sub-classifications below.
Alternative Fuels
and Recharging
Facilities
CUP/
L(19)
CUP/
L(19) - - CUP/
L(19) - -
Automobile Rental L(10) L(10) L(10) L(10) L(10) L(10) L(10)
Automobile
Storage Use
- - - - - - -
New
Automobile/Vehicl
e Sales and
Leasing
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/CUP
- -
Additions 7,500
sq ft or less to
Automobile/
Vehicle Sales
and Leasing
buildings
existing as of
7/06/2010
L(20)/
MUP
- - - - - -
SMMC Section
9.31.070
Automobile/
Vehicle Sales,
Leasing, and
Storage
Additions larger
than 7,500 sq ft
to
Automobile/Vehi
cle Sales and
Leasing
buildings
existing as of
7/06/2010
L(20)/
CUP
- - - - - -
Automobile/Vehicl
e Repair, Major
L(19) - - - - - -
7.B.a
Packet Pg. 193 Attachment: CDD-Ord-tattooparlors2d-01.11.2022 (4908 : 2nd Reading - Tattoo Parlors)
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TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Automobile/Vehicl
e Service and
Repair, Minor
L(19) - - - - - -
Automobile/Vehicl
e Washing
L(19) - - - - - -
Service Station L(19) L(19) - - L(19) - -
Towing and
Impound
- - - - - - -
Banks and Financial
Institutions
See sub-classifications below.
Banks and Credit
Unions
L(4)/CUP L(3),
L(5)/CUP
- - L(4)/ CUP L(4)/
CUP
L(4)/
CUP
Check Cashing
Businesses
- - - - - - -
Business Services L(5)/CUP L(5)/CUP - L(5)/CUP L(5)/ CUP L(5)/
CUP
L(5)/
CUP
Commercial
Entertainment and
Recreation
See sub-classifications below.
Cinemas &
Theaters, up to 99
seats
- CUP P P P - -
Cinemas &
Theaters, more
than 99 seats
- - CUP CUP CUP - -
Convention and
Conference
Centers
CUP CUP CUP CUP CUP CUP CUP
Large-Scale
Facility
L(21)/CU
P
L(21)/CU
P
L(21)/CU
P
L(21)/CUP L(21)/CU
P
L(21)/
CUP
-
Small-Scale
Facility
L(5)/CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/
CUP
L(5)/
CUP
SMMC Section
9.31.340, Small
Scale Facility
Fortunetelling P P P P P P P
Eating and Drinking
Establishments
See sub-classifications below.
Bars/Nightclubs/
Lounges
CUP CUP CUP CUP CUP CUP
(10)
-
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TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Restaurants, Full-
Service, Limited
Service & Take-
out (2,500 sq ft
and smaller,
including Outdoor
Dining and
Seating)
P P L(22) P P P P
SMMC Section
9.31.040,
Alcoholic
Beverage Sales
Restaurants, Full-
Service, Limited
Service & Take-
out (2,501 –
5,000 sq ft,
including Outdoor
Dining and
Seating)
MUP P L(22) P P P MUP SMMC Section
9.31.280,
Restaurants,
Limited Service,
and Take-Out
Only
Restaurants, Full-
Service, Limited
Service & Take-
out (greater than
5,000 sq ft,
including Outdoor
Dining and
Seating)
CUP P L(22) P P P CUP
SMMC Section
9.31.200,
Outdoor Dining
and Seating
Equipment Rental - - - - L(5)/
CUP
- -
Food and Beverage
Sales
See sub-classifications below.
Convenience
Market
CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/C
UP
- SMMC Section
9.31.040,
Alcoholic
Beverage Sales
Farmers’ Market
CUP P P P P P P
General Market
L(12)/
CUP
L(12)/
CUP
L(12)/
CUP
L(12)/CUP L(12)/
CUP
L(12)/
CUP
L(12)/
CUP
SMMC Section
9.31.040,
Alcoholic
Beverage Sales
Liquor Stores
CUP CUP CUP CUP CUP CUP -
Funeral Parlors and
Mortuaries
CUP - - - - - -
Instructional
Services
L(5)/CUP L(3),
L(5)/CUP
L(1),
L(5)/CUP
L(5)/CUP L(5)/CUP L(1),
L(5)/
CUP
L(1),
L(5)/
CUP
Live-Work L(13) L(3)(13) L(1)(13) L(13) L(13) L(1)(1
3)
L(13) SMMC Section
9.31.170, Live-
Work
7.B.a
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TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Lodging See sub-classifications below.
Bed and Breakfast MUP MUP MUP MUP MUP MUP MUP SMMC Section
9.31.090, Bed
and Breakfasts
Hotels and Motels CUP CUP CUP CUP CUP CUP CUP,
L(19)
Maintenance and
Repair Services
L(5)/CUP - - - - - -
Nurseries and
Garden Centers
L(5)/CUP L(5)/CUP - L(5)/CUP L(5)/CUP - L(5)/
CUP
SMMC Section
9.31.220,
Outdoor Retail
Display and
Sales
Offices See sub-classifications below.
Business and
Professional
L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/CUP
L(1) L(1)
Creative L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/CUP
L(1) L(1)
Medical and
Dental
L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/CUP
L(1) L(1)
Walk-In Clientele L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(5)/CUP L(3),
L(5)/CUP
L(5)/
CUP
L(5)/
CUP
Outdoor
Newsstands
MUP MUP MUP MUP MUP MUP MUP SMMC Section
9.31.210,
Outdoor
Newsstands
Parking, Public or
Private
CUP CUP - CUP CUP,
L(11)
- CUP
Personal Services See sub-classifications below.
General Personal
Services
L(5)/CUP L(5)/CUP L(1),
L(5)/CUP
L(5)/CUP L(5)/CUP - L(5)/
CUP
SMMC Section
9.31.230,
Personal Service
Physical Training L(17),
L(5)/CUP
L(17),
L(5)/CUP
L(1),
L(17),
L(5)/CUP
L(17),
L(5)/CUP
L(17),
L(5)/CUP
L(17),
L(5)/
CUP
L(17),
L(5)/
CUP
Tattoo or Body
Modification Parlor
P P P P P P - SMMC Section
9.31.230,
Personal Service
Retail Sales See sub-classifications below.
Building Materials
Sales and
Services
P - - - - - - SMMC Section
9.31.220,
Outdoor Retail
Display and
Sales General Retail
Sales, Small-
Scale
L(5)/CUP L(5)/CUP P L(5)/CUP L(5)/ CUP L(5)/
CUP
L(5)/
CUP
General Retail
Sales, Medium-
Scale
CUP CUP CUP CUP CUP - CUP
General Retail
Sales, Large-
Scale
- - - - - - -
7.B.a
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TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Medical Marijuana
Dispensaries
CUP - - - - - - SMMC Section
9.31.185,
Medical
Marijuana
Dispensaries
Pawn Shops
- - - - - - -
Swap Meets
- - - - - - -
Industrial Uses
Artist’s Studio
P P L(1) L(1) P P P
Commercial
Kitchens
- - - - CUP - -
Media Production
See sub-classifications below.
Support Facilities
L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/CUP
L(1) L(1)
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger
Stations
P P P P P - P
City Bike Share
Facility
P P P P P P P
Communication
Facilities
See sub-classifications below.
Antennas and
Transmission
Towers
- - - - - - -
Equipment within
Buildings
- - - - - - -
Light Fleet-Based
Services
- - - - MUP - -
Utilities, Major
L(18) - - - - - -
7.B.a
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TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Utilities, Minor
P P P P P P P
Specific Limitations:
(1) Limited to upper floors, and on the ground floor where the entire tenant space including the primary
entry shall be located at least 50 feet from the front property line, except for residential units shall be
limited to upper floors only.
(2) (Reserved)
(3) Between 4th and 4th Court, permitted in mid-block parcels on the ground floor and upper floors. On all
other parcels, permitted anywhere on the ground floor if the space has street frontage and was occupied
by office on, or is vacant but was occupied by office in the 12 months preceding, the date this Ordinance
is effective; otherwise, permitted on upper floors and on the ground floor where the entire tenant space
including the primary entry is located at least 50 feet from the front property line.
(4) Permitted except no ground floor tenant space shall exceed 20 linear feet of ground floor street frontage
without a Conditional Use Permit.
(5) Permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective.
Permitted in new buildings, except:
(a) No individual ground floor tenant space shall occupy more than 7,500 square feet of floor area
and/or exceed 50 linear feet of ground floor street frontage without a Conditional Use Permit.
(b) Ground floor tenant spaces in the Santa Monica Place are not subject to size limitations.
(6) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency
shelters with 55 or more beds.
(7) Any community assembly facility abutting a residential district shall require approval of a Conditional
Use Permit.
(8) Limited to alternative fuel vehicle automobile dealer showrooms only.
(9) (Reserved)
(10) Permitted as an ancillary use to support a primary use.
(11) Limited to public parking facilities only.
(12) General Markets greater than 15,000 square feet require approval of a Conditional Use Permit, except
general markets in the Mixed-Use Boulevard district greater than 25,000 square feet require approval
of a Conditional Use Permit.
(13) If the commercial use requires a MUP or CUP, an application shall be required in accordance with
SMMC, Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be
approved where, given the design or proposed design of the live-work unit, there would be the potential
for adverse health impacts from the proposed use on the people residing in the unit. An example of a
potential health impact is the potential for food contamination from users that generate airborne
particulates in a unit with an unenclosed kitchen.
(14) All new construction requires approval of a Conditional Use Permit or permitted if within buildings
existing as of the date the ordinance codified in this Chapter is effective, except:
(a) New additions of 50% or more additional square footage to an existing building at any one time,
or incrementally, after the effective date of the ordinance codified in this Chapter, requires
approval of a Conditional Use Permit.
(b) No ground floor, street-fronting, non-office or non-media production support facility use, non-
medical or non-dental office use tenant space shall be changed into an individual office use or
a media production support facility use, or individual medical or dental office use occupying
more than 7,500 square feet of floor area and/or exceeding 50 linear feet of street frontage
without the approval of a Conditional Use Permit.
(15) (Reserved)
(16) Limited to public parking facilities only.
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(17) Youth-serving personal services, physical training requires review and approval of passenger loading
and drop-off plan by the Director.
(18) Limited to electric distribution substations.
(19) Limited to legally established existing uses as of the date this Specific Plan is effective.
(20) Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing
dealerships conforming to the urban auto dealership format standards in Section 9.31.070,
Automobile/Vehicle Sales, Leasing and Storage are permitted. Expansions to existing dealerships of
7,500 square feet or less that do not conform to the urban auto dealership format standards shall require
an MUP. Expansions to existing dealerships larger than 7,500 square feet that do not conform to the
urban auto dealership formal standards shall require a CUP.
(21) No individual Fitness Center tenant space shall exceed 100 linear feet of ground floor street frontage
without the approval of a Conditional Use Permit.
(22) Restaurant, Limited-Service and Take-Out establishments with frontage on the Third Street Promenade
and the following characteristics shall be prohibited:
(a) More than 150 locations nationwide at the time that the application for the establishment is
deemed complete by the City; and
(b) Characteristics, including but not limited to, orders placed at a walk-up window, counter, or
machine; payment prior to food consumption; and food served with disposable, one-time, or
limited-use wrapping, containers, or utensils.
A. Conversion of Any Portion of an Eating and Drinking Establishment to
Any Other New or Expanded Use Located on the Ground Floor within the BC
(Promenade) District.
1. The conversion of any portion of an eating and drinking
establishment in existence as of the effective date of this Plan to any other new or
expanded use located on the ground floor within the BC (Promenade) District shall
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;
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c. For tenant spaces located on a corner, the eating and drinking
establishment use must remain entirely on the Third Street Promenade
frontage. For tenant spaces not located on a corner, the non-eating and
drinking establishment use does not occupy more than 33% of the Promenade
frontage.
SECTION 3. 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.
“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
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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
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
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TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS
Use Classification MUBL MUB GC NC Additional
Regulations
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
L(5)/MUP L(5)/MUP L(5)/MUP –
Section 9.31.070,
Automobile/Vehicle
Sales, Leasing, and
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TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS
Use Classification MUBL MUB GC NC Additional
Regulations
existing as of 07/06/2010 Storage
Additions larger than 7,500
square feet to Automobile/
Vehicle Sales and Leasing
buildings existing as of
07/06/2010
CUP (5) CUP (5) CUP (5) –
Section 9.31.070,
Automobile/Vehicle
Sales, Leasing, and
Storage
Automobile/Vehicle Repair, Major – – CUP –
Section 9.31.060,
Automobile/Vehicle
Repair, Major and
Minor
Automobile/Vehicle Service and
Repair, Minor CUP – CUP –
Section 9.31.060,
Automobile/Vehicle
Repair, Major and
Minor
Automobile/Vehicle Washing – – CUP –
Section 9.31.080,
Automobile/Vehicle
Washing
Service Station CUP CUP MUP – Section 9.31.320,
Service Stations
Towing and Impound – – CUP –
Banks and Financial Institutions See sub-classifications below.
Banks and Credit Unions L(2)/CUP L(2)/CUP L(2)/CUP L(2)/CUP
Check Cashing Businesses – – – –
Business Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP
Commercial Entertainment and
Recreation See sub-classifications below.
Cinemas L(7) – – L(7)
Theaters L(8)/CUP L(8)/CUP L(8)/CUP L(8)/CUP
Convention and Conference
Centers – CUP CUP –
Large-Scale Facility CUP CUP CUP -
Small-Scale Facility L(9)/CUP L(9)/CUP L(9)/CUP CUP (16)
Section 9.31.340,
Small-Scale Facility,
Game Arcades
Fortunetelling
P P P P
Eating and Drinking Establishments See sub-classifications below.
Bars/Nightclubs/Lounges CUP CUP CUP -
Section 9.31.040,
Alcoholic Beverage
Sales
Restaurants, Full-Service,
Limited Service & Take-out
(2,500 square feet and smaller,
including Outdoor Dining and
Seating)
P P P 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
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TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS
Use Classification MUBL MUB GC NC Additional
Regulations
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 MUP MUP MUP (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
Equipment Rental – L(19)/CUP L(19)/CUP –
Food and Beverage Sales See sub-classifications below.
Convenience Market CUP CUP CUP CUP
Section 9.31.040,
Alcoholic Beverage
Sales
Farmers Markets CUP CUP CUP CUP
General Market L(12)/CUP L(12)/CUP L(12)/CUP L (12)/CUP
Section 9.31.040,
Alcoholic Beverage
Sales
Liquor Stores CUP CUP CUP CUP
Section 9.31.040,
Alcoholic Beverage
Sales
Funeral Parlors and Mortuaries – CUP CUP –
Instructional Services L(19)/CUP L(19)/CUP L(19)/CUP L(17)/CUP
Live-Work L(14) L(14) L(14) L(14) Section 9.31.170, Live-
Work
Lodging See sub-classifications below.
Bed and Breakfast MUP MUP MUP MUP Section 9.31.090, Bed
and Breakfasts
Hotels and Motels CUP CUP CUP –
Maintenance and Repair Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP
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TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS
Use Classification MUBL MUB GC NC Additional
Regulations
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 P P P P 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
Bus/Rail Passenger Stations P P P P
City Bikeshare Facility P P P P
Communication Facilities See sub-classifications below.
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TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS
Use Classification MUBL MUB GC NC Additional
Regulations
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) Limited to facilities with no more than 7,500 square feet of floor area and/or 40 linear feet of
ground floor street frontage; great 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 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.
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No more than 200 seats per each block shall be permitted, except that no more
than 400 seats shall be permitted on 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 eats 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 ft. 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.
(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 nor more than 3,000 square feet of floor area.
(17) 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.
(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 are 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 approve of a Conditional Use Permit.
SECTION 4. Any provision of the Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies
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and no further, is hereby repealed or modified to that extent necessary to effect the
provisions of this Ordinance.
SECTION 5. 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 6. 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:
_______________________
JOSEPH LAWRENCE
Interim City Attorney
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