SR 01-25-2022 7B
City Council Report
City Council Meeting: January 25, 2022
Agenda Item: 7.B
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and Adoption of an Emergency Interim Ordinance Amending
Interim Zoning Regulations Established by Emergency Interim Zoning
Ordinance Number 2636 (CCS) and Extended and Amended by Emergency
Interim Zoning Ordinance Numbers 2658, 2667 and 2682 (CCS) for
Economic Recovery of the BC (Promenade) District and Those Portions of
the BC (2nd and 4th Street) District Bounded by Second Street to the West,
Broadway to the South, 4th Street to the East, and Wilshire Boulevard to the
North to Increase Flexibility for Automobile/Vehicle Showrooms.
Recommended Action
Staff recommends that the City Council:
1. Introduce and adopt an Emergency Interim Ordinance amending interim zoning
regulations established by Emergency Interim Zoning Ordinance Number 2636
(CCS) and extended and amended by Emergency Interim Zoning Ordinance
Numbers 2658, 2667 and 2682 (CCS) for economic recovery and increased
occupancy in the City’s BC (Promenade) District and those portions of the BC
(2nd and 4th Street) District Bounded by Second Street to the West, Broadway to
the South, 4th Street to the East, and Wilshire Boulevard to the North by allowing
automobile/vehicle showrooms of all fuel types.
Summary
As retail environments across the region and country continue to evolve, there is a need
to adjust allowed uses and activities to enable economic recovery and provide
increased flexibility to minimize vacancies in the district. The Third Street Promenade,
as Santa Monica’s primary retail destination, has been undertaking such an evolution,
allowing new and diverse uses previously not permitted, including automobile
dealerships for alternative fuel vehicles. Recent inquiries have been made to potentially
enable all vehicle types to have showrooms Downtown. The change can be immediately
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enabled with the existing interim Zoning Ordinance for the area that is in effect through
the end of 2022.
Background
The Third Street Promenade has long served as a local, regional, national, and
international destination, attractive for its blend of retail, dining, services, outdoor
atmosphere, entertainment, and proximity to the beach. The ongoing COVID-19
pandemic and subsequent economic recovery has been difficult for many segments of
the economy, and Santa Monica’s Downtown area, including the Promenade, is
experiencing the same uncertainty with the vacancy rate along the Promenade recently
rising to almost 25%. Staff and community stakeholders continue to be concerned about
the health and vitality of Downtown overall and the Third Street Promenade area in
particular.
In December 2011, prior to the adoption of the Downtown Community Plan, Council
adopted Ordinance Number 2384 (CCS), amending the Zoning Ordinance to allow
showrooms for alternative fuel vehicles. The policy was continued with the 2017
adoption of the Downtown Community Plan. At the time of its original adoption,
alternative fuel vehicles were still an emerging technology, but due to the sustainability
aspects of alternative fuel vehicles and changing marketing for such vehicles, the City
permitted alternative fuel vehicle showrooms in the Downtown area. 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.
Interim Zoning Ordinance Changes
The changes proposed with this ordinance are the latest in an ongoing effort to be
responsive to the rapidly evolving retail and Downtown land use marketplace.
Council adopted Emergency Interim Zoning Ordinance Number 2636 (CCS) (“IZO
2636”), on May 12, 2020, which established interim zoning regulations to support the
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economic recovery of local businesses impacted by the COVID-19 pandemic for the
Third Street Promenade area bounded by 2nd Street to the west, Broadway to the south,
4th Street to the east, and Wilshire Boulevard to the north. The interim regulations
streamlined processes for simple changes of use to remove barriers to the
establishment of common neighborhood-serving uses. Changes permitted the multi-
tenant Food Halls and Light Industry uses such as breweries, roasteries, and artisan
activities; the initial ordinance also eliminated the need for a Conditional Use Permit
(CUP) to convert space from a food serving use to retail or other uses.
Subsequent amendments to the Emergency IZO adopted by Council on November 10,
2020 (“IZO 2658”), April 13, 2021 (“IZO 2667”), and September 28, 2021 (“IZO 2682”)
made minor changes to allow more flexible loading standards, clarify physical training
use standards, prohibit fast-food restaurants, enable design and use flexibility, and
extend the interim zoning regulations until December 31, 2022. The most recent
decisions by Council enable liquor stores, medical and dental offices, grooming and pet
stores, and tattoo and body modification parlors – one of which is already open for
business on the Promenade.
Past Council Actions
Meeting Date Description
05/12/20
(attachment A)
Adoption of Emergency Interim Zoning Ordinance Number 2636 to
Support and Facilitate the Economic Recovery of the Third Street
Promenade Area
11/10/20
(attachment B)
Adoption of Emergency Interim Zoning Ordinance Number 2658 to
Extend Interim Zoning Regulations Adopted by Emergency Interim
Zoning Ordinance Number 2636 for Economic Recovery in the
City’s Downtown Districts
4/13/21
(attachment C)
Adoption of Emergency Interim Ordinance Number 2667 Making
Minor Changes, Corrections and Clarifications to Interim Zoning
Regulations Established by Emergency Interim Zoning Ordinance
Number 2636 (CCS) and Extended by Emergency Interim Zoning
Ordinance Number 2658 (CCS) for Economic Recovery in the
City’s BC (Promenade) District and Those Portions of the BC (2nd
and 4th Street) District Bounded by Second Street to the West,
Broadway to the South, 4th Street to the East, and Wilshire
Boulevard to the North
9/28/21 Adoption of an Emergency Interim Ordinance Number 2682
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(attachment D) Making Minor Changes, Corrections and Clarifications to Interim
Zoning Regulations Established by Emergency Interim Zoning
Ordinance Number 2636 (CCS) and Extended by Emergency
Interim Zoning Ordinance Number 2658 (CCS) for Economic
Recovery in the City’s BC (Promenade) District and Those
Portions of the BC (2nd and 4th Street) District Bounded by
Second Street to the West, Broadway to the South, 4th Street to
the East, and Wilshire Boulevard to the North
Discussion
Due to the continued economic uncertainty arising out of the COVID-19 pandemic, the
high vacancy rate along the Promenade, and the number of traditional fuel vehicle
manufacturers that have expanded product lines to include hybrid and electric vehicles,
including plans to electrify large portions of their fleets over the next decade, staff
recommends one additional change to increase flexibility of use and opportunities for
economic recovery by enabling automobile dealer showrooms for vehicles of any fuel
type within the Third Street Promenade area. As indicated in Specific Limitation #8, only
automobile dealer showrooms will continue to be permitted. Ancillary activities such as
automobile repair, storage, and servicing would not be permitted.
This change would be consistent with the overall retail and auto industry trend of
locating showrooms in high pedestrian areas such as shopping districts and centers.
Having a wide range of retailers, experiences, and attractions on the Third Street
Promenade supports it as a destination and community resource.
The proposed change to the IZO land use table is detailed below. The table is
consistent with the formatting of the existing land use table. A key of designations is
contained in the bulleted list before the table and the section ends with the limitations
indicated in the table itself, such as L(1) and are listed after the table. The
recommendation would change L(8) by deleting the reference to alternative fuel
vehicles. In the table:
• “P” designates permitted uses.
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• “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.
Use Classification BC
(Promenade)
BC
(2nd & 4th
Streets)
Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.
Single Unit Dwelling L(1) L(1)
Accessory Dwelling Unit P P
Section 9.31.025,
Accessory Dwelling Units
and Junior Accessory
Dwelling Units
Junior Accessory Dwelling Unit P P
Section 9.31.025,
Accessory Dwelling Units
and Junior Accessory
Dwelling Units
Duplex L(1) L(1)
Multiple-Unit Structure L(1) L(1)
Senior Citizen Multiple-Unit Residential L(1) L(1)
Single-Room Occupancy Housing L(1) L(1)
Group Residential L(1) MUP, L(1)
Congregate Housing L(1) CUP, L(1)
SMMC Section 9.31.110,
Congregate and
Transitional Housing
Senior Group Residential L(1) MUP, L(1) SMMC Section 9.31.310,
Senior Group Residential
Elderly and Long-Term Care L(1) L(1)
Emergency Shelters CUP/L(1) L(1),
L(6)/CUP
Family Day Care See sub-classifications below.
Large L(1) L(1) SMMC Section 9.31.140,
Family Day Care, Large
Small L(1) L(1)
Residential Facilities See sub-classifications below.
Residential Care, General L(1) L(1) SMMC Section 9.31.270,
Residential Care
Facilities
Residential Care, Limited L(1) L(1)
Residential Care, Senior L(1) L(1)
Hospice, General L(1) L(1)
Hospice, Limited L(1) L(1)
Supportive Housing L(1) L(1)
Transitional Housing L(1) L(1)
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Use Classification BC
(Promenade)
BC
(2nd & 4th
Streets)
Additional Regulations
Public and Semi-Public Uses
Adult Day Care L(1) L(1)
Child Care and Early Education Facilities P P
SMMC Section 9.31.120,
Child Care and Early
Education Facilities
Colleges and Trade Schools, Public or Private L(1) L(1)
Community Assembly L(15) P
Community Gardens - P
Cultural Facilities P P
Hospitals and Clinics L(1) L(1)
Park and Recreation Facilities, Public P P
Public Safety Facilities P P
Schools, Public or Private L(1) P
Social Service Centers - P SMMC Section 9.31.350,
Social Service Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.
Grooming and Pet Stores P L(5)/CUP
No more than 10 dogs or
cats can be kept
overnight
Pet Day Care Services - MUP
Veterinary Services P MUP
Automobile/Vehicle Sales and Service See sub-classifications below.
Alternative Fuels and Recharging Facilities - -
Automobile Rental L(10) L(10)
Automobile Storage Use - -
New Automobile/Vehicle Sales and Leasing L(8),
L(5)/CUP
L(8),
L(5)/CUP
Additions 7,500 sq ft or less to Automobile/
Vehicle Sales and Leasing buildings existing
as of 7/06/2010
- -
SMMC Section 9.31.070
Automobile/ Vehicle
Sales, Leasing, and
Storage
Additions larger than 7,500 sq ft to
Automobile/Vehicle Sales and Leasing
buildings existing as of 7/06/2010
- -
Automobile/Vehicle Repair, Major - -
Automobile/Vehicle Service and Repair, Minor - -
Automobile/Vehicle Washing - -
Service Station - -
Towing and Impound - -
Banks and Financial Institutions See sub-classifications below.
Banks and Credit Unions - -
Check Cashing Businesses - -
Business Services L(15) L(5)/CUP
Commercial Entertainment and Recreation See sub-classifications below.
Cinemas & Theaters, up to 99 seats P P
Cinemas & Theaters, more than 99 seats P CUP
Convention and Conference Centers P CUP
Large-Scale Facility
L(21)/CUP L(21)/CUP
Small-Scale Facility P L(5)/CUP SMMC Section 9.31.340
Small Scale Facility
Fortunetelling
P P
Eating and Drinking Establishments See sub-classifications below.
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Use Classification BC
(Promenade)
BC
(2nd & 4th
Streets)
Additional Regulations
Bars/Nightclubs/Lounges P P
Restaurants, Full-Service, Limited Service &
Take-out (2,500 sq ft and smaller, including
Outdoor Dining and Seating)
L(22) P SMMC Section 9.31.040,
Alcoholic Beverage
Sales
SMMC Section 9.31.280,
Restaurants, Limited
Service, and Take-Out
Only
SMMC Section 9.31.200,
Outdoor Dining and
Seating
Restaurants, Full-Service, Limited Service &
Take-out (2,501 – 5,000 sq ft, including Outdoor
Dining and Seating)
L(22) P
Restaurants, Full-Service, Limited Service &
Take-out (greater than 5,000 sq ft, including
Outdoor Dining and Seating)
L(22) P
Food Hall P P
Equipment Rental - -
Food and Beverage Sales See sub-classifications below.
Convenience Market L(5)/CUP L(5)/CUP
SMMC Section 9.31.040,
Alcoholic Beverage
Sales
Farmers’ Market P P
General Market L(12)/ CUP L(12)/ CUP
SMMC Section 9.31.040,
Alcoholic Beverage
Sales
Liquor Stores P CUP
Funeral Parlors and Mortuaries - -
Instructional Services L(1),
L(5)/CUP L(5)/CUP
Live-Work L(1)(13) L(13) SMMC Section 9.31.170,
Live-Work
Lodging See sub-classifications below.
Bed and Breakfast P MUP SMMC Section 9.31.090,
Bed and Breakfasts
Hotels and Motels P CUP
Maintenance and Repair Services - -
Nurseries and Garden Centers - L(5)/CUP
SMMC Section 9.31.220,
Outdoor Retail Display
and Sales
Offices See sub-classifications below.
Business and Professional L(1) L(1)
Creative L(1) L(1)
Medical and Dental P L(1)
Walk-In Clientele L(1) L(5)/CUP
Outdoor Newsstands P P SMMC Section 9.31.210,
Outdoor Newsstands
Parking, Public or Private - CUP
Personal Services See sub-classifications below.
General Personal Services P L(5)/CUP SMMC Section 9.31.230,
Personal Service
Physical Training L(17),
L(21)/CUP
L(17),
L(5)/CUP
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Use Classification BC
(Promenade)
BC
(2nd & 4th
Streets)
Additional Regulations
Tattoo or Body Modification Parlor P MUP SMMC Section 9.31.230,
Personal Service
Retail Sales See sub-classifications below.
Building Materials Sales and Services - - SMMC Section 9.31.220,
Outdoor Retail Display
and Sales
General Retail Sales, Small-Scale P L(5)/CUP
General Retail Sales, Medium-Scale P CUP
General Retail Sales, Large-Scale - -
Medical Marijuana Dispensaries - -
SMMC Section 9.31.185,
Medical Marijuana
Dispensaries
Pawn Shops - -
Swap Meets - -
Industrial Uses
Artist’s Studio L(2) L(2)
Commercial Kitchens - -
Industry, Limited L(9) L(9)
Media Production See sub-classifications below.
Support Facilities L(1) L(1)
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P
City Bike Share Facility P P
Communication Facilities See sub-classifications below.
Antennas and Transmission Towers - -
Equipment within Buildings - -
Light Fleet-Based Services - -
Utilities, Major - -
Utilities, Minor P P
Specific Limitations:
(1) Limited to upper floors, and on the ground floor where the entire tenant space
shall be located at least 25 feet from the front property line, except for residential
units shall be limited to upper floors only.
(2) A minimum depth of 25 feet from the front parcel line adjacent to a street for the
entire ground-floor street frontage shall be designed to accommodate interactive
uses. For purposes of this limitation, interactive uses shall be commercial uses
with an interactive element, including, but not limited to, retail sales, exhibitions,
displays, demonstrations, or instruction.
(5) Permitted if within buildings existing as of the date the ordinance codified in this
Chapter is effective. Permitted within new buildings, except:
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(a) No individual ground floor tenant space shall occupy more than 7,500
square feet of floor area and/or exceed 50 linear feet of ground floor street
frontage without a Conditional Use Permit.
(b) Ground floor tenant spaces in the Santa Monica Place are not subject to
size limitations.
(6) Limited to shelters containing less than 55 beds; Conditional Use Permit required
for emergency shelters with 55 or more beds.
(8) Limited to alternative fuel vehicle automobile/vehicle dealer showrooms only.
(9) 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, dining,
demonstrations, or instruction.
(10) Permitted as an ancillary use to support a primary use.
(12) General Markets greater than 15,000 square feet require approval of a
Conditional Use Permit, except general markets in the Mixed-Use Boulevard
district greater than 25,000 square feet require approval of a Conditional Use
Permit.
(13) If the commercial use requires a MUP or CUP, an application shall be required in
accordance with SMMC, Chapter 9.41. Even if the commercial use would
otherwise be permitted, no such use shall be approved where, given the design
or proposed design of the live-work unit, there would be the potential for adverse
health impacts from the proposed use on the people residing in the unit. An
example of a potential health impact is the potential for food contamination from
uses that generate airborne particulates in a unit with an unenclosed kitchen.
(15) Limited to the ground floor with frontage along 2nd Court and 3rd Court alleys or to
upper floors.
(17) Youth-serving personal services, physical training requires review and approval
of a passenger loading and drop-off plan by the Director.
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(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.
Alternative Actions
Council may choose to further limit the locations of auto dealer showrooms if there is
concern of a potential over-concentration of the use or if there is concern with the
appropriateness of the use on the Third Street Promenade versus Second and Fourth
Street. The Council could adopt the recommendation with a modification setting a limit
to the number of showrooms per block face. Alternatively, the Council could adopt the
recommendation to only allow the use on the Third Street Promenade and not include
the BC (Second and Fourth Streets) District.
Environmental Analysis
The proposed Interim Zoning Ordinance is exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State
Implementation Guidelines (common sense exemption). Based on the evidence in the
record, it can be seen with certainty that there is no possibility that the proposed
changes may have a significant effect on the environment. Neither the general plan land
use designations nor zoning designations for the properties within the Third Street
Promenade Area will be changed. The current development standards and land use
regulations for the properties within the Third Street Promenade Area were analyzed in
an Environmental Impact Report (SCH #2013091056) certified in 2017 in conjunction
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with the adoption of the City’s Downtown Community Plan. Therefore, no further
environmental review under CEQA is required.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended actions at this time. Increasing flexibility in leasing should also help to
boost other important City revenue streams, including sales tax, which are essential to
the City’s fiscal health.
Prepared By: Beth Rolandson, Administrative Services Officer
Approved
Forwarded to Council
Attachments:
A. Adoption of Emergency Interim Zoning Ordinance Number 2636 Support and
Facilitate Economic Recovery of Third Street Promenade Area 5/12/2020 (Web
Link)
B. Adoption of Emergency Interim Zoning Ord Number 2658 Extending Interim
Zoning Regulations Adopted by Emergency IZO No. 2636 for Economic
Recovery in Downtown District 11/10/20 (Web Link)
C. Adoption of Emergency Interim Ord No. 2667 Making Minor Changes,
Corrections & CClarifications to Interim Zoning Regulations Established by
Emergency IZO No. 2636CCS 4/13/21 (Web Link)
D. Adoption of Emergency Interim Zoning Ordinance No. 2882
E. CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-
20210125 DRAFT
F. PowerPoint Presentation
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City Council Meeting: January 25, 2022 Santa Monica, California
ORDINANCE NUMBER _____ (CCS)
(City Council Series)
AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA AMENDING INTERIM ZONING REGULATIONS
ESTABLISHED BY EMERGENCY INTERIM ORDINANCE 2636 (CCS) AND
EXTENDED AND AMENDED BY EMERGENCY INTERIM ZONING
ORDINANCES 2658, 2667 AND 2682 (CCS) FOR ECONOMIC RECOVERY OF
THE BC (PROMENADE) DISTRICT AND THOSE PORTIONS OF THE BC (2ND
AND 4TH STREET) DISTRICT BOUNDED BY SECOND STREET TO THE
WEST, BROADWAY TO THE SOUTH, 4TH STREET TO THE EAST, AND
WILSHIRE BOULEVARD TO THE NORTH TO INCREASE FLEXIBILITY FOR
AUTOMOBILE/VEHICLE SHOWROOMS
WHEREAS, on July 25, 2017, the City Council of the City of Santa Monica
(the “City Council”) adopted the Downtown Community Plan (“DCP”) which sets
forth a vision for the continued vitality of the Third Street Promenade as a major
public space framed by a mix of retail, restaurants, and services that form unique
experiences enjoyable to both residents and visitors; and
WHEREAS, the DCP supports activities that enrich the Promenade,
including street performances and events that enliven the street and provide
memorable experiences for visitors, while also seeking to expand cultural
opportunities including live music venues and upgraded state-of-the art cinemas;
and
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Packet Pg. 242 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to
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WHEREAS, the DCP acknowledges that the Promenade is an essential
component of the Downtown’s economic sustainability and emphasizes the
importance of reevaluating and refreshing the Promenade so that it remains
attractive and exciting to residents and visitors alike; and
WHEREAS, DCP Goal LU3 contemplates that the Downtown will continue
to be the economic center for the City, providing a diverse and flexible mix of uses
that can meet future resident, business and visitor demand; and
WHEREAS, the DCP incorporates the provisions of Ordinance Number
2384 (CCS), adopted by the City Council on December, 13, 2011 (“Ordinance
2384”), by allowing alternative fuel automobile/vehicle showrooms, subject to
certain limitations; and
WHEREAS, in 2018, the City and Downtown Santa Monica, Inc. (“DTSM”)
commenced a planning effort, “Promenade 3.0”, to study the future of the Third
Street Promenade, and subsequently convened a “Promenade 3.0 Task force” to
provide advice to the planning effort; and
WHEREAS, on December 12, 2018, the scope of the Promenade 3.0
planning effort was presented to the Planning Commission; and
WHEREAS, in April 2019, the Promenade 3.0 Task Force, Third Street
property owners, and the DTSM board reviewed and commented on a “Project
Vision/Goals” document intended to provide guidance to the Promenade 3.0
planning effort as it imagines new alternatives to the Promenade’s physical design,
amendments to the City’s zoning ordinances, and programmatic activities; and
7.B.e
Packet Pg. 243 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to
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WHEREAS, the City, after receiving input from DTSM staff, property
owners, leasing agents, and DTSM board members identified a variety of
amendments to the City’s zoning ordinances to reduce or eliminate regulations that
may impede or delay commencement of tenancies and business operations and
increase opportunities for a variety of retail, restaurant, and service uses; and
WHEREAS, the Promenade 3.0 planning effort was organized into three
“lanes” of activities, with “Lane 2” focusing on the evaluation of regulatory changes
to private property to encourage diverse and engaging businesses; and
WHEREAS, in Spring 2019, City and DTSM staff identified a number of
potential revisions to regulations and process that fell within the “Lane 2” category,
which included modifications to zoning to increase opportunities for nightlife and
entertainment, provide flexibility to divide spaces and change uses to better meet
market conditions, and improve the function of alleys, outdoor dining areas, and
other ancillary spaces; and
WHEREAS, on June 19, 2019, the “Project Vision/Goals” document was
presented to the Planning Commission for review, and the Planning Commission
adopted a resolution of intent to pursue zoning ordinance amendments relevant to
“Lane 2”; and
WHEREAS, at a subsequent meeting on October 2, 2019, the Planning
Commission requested that City staff explore greater flexibility with more
administrative approvals than currently available for uses falling within “Lane 2”
and consented to piloting new regulations through an Interim Zoning Ordinance
(“IZO”); and
7.B.e
Packet Pg. 244 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to
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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 including bars, nightclubs, on-premises restaurant service, movie
theatres, live performance venues, gyms, fitness centers, spas, hair salons,
massage parlors, and nail salons; and
7.B.e
Packet Pg. 245 Attachment: CCD-IZO-Promenade3.0 Economic Recovery Vitality Auto Dealer Changes-20210125 DRAFT [Revision 1] (4909 : Emergency IZO to
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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 has on multiple occasions amended and modified its Health Officer
Order, 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, on May 29, 2020, the Director of Emergency Services issued
the 18th Supplement to the Executive Order, which temporarily permitted outdoor
uses to provide additional opportunities for businesses to operate in compliance
with the Health Officer Order, and was subsequently revised to expand
opportunities for outdoor operations in response to amendments to the Health
Officer Order and community input; and
7.B.e
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WHEREAS, five months after the 18th Supplement was issued, 224
businesses, including restaurants, retail, fitness and personal services, had
submitted applications for such outdoor operations; 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, the economic impacts of the COVID-19 closures of and
limitations on businesses have been devastating to the local Santa Monica
economy; and
WHEREAS, the hardest hit sectors in Santa Monica include retail and
arts/entertainment/leisure, initially representing the temporary closure of over
approximately 1,300 businesses employing approximately 11,000 people; and
WHEREAS, 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
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WHEREAS, on April 14, 2020, the City Council directed that restructuring
City services be prioritized on foundational services, emergency response, and
economic recovery; and
WHEREAS, the City has continued to engage in an economic recovery
strategy that involves a multi-pronged approach focusing on five areas: business
retention and reopening; business process and permitting; publicity and marketing,
community economic development, re-employment, and local hiring; and federal
and state resources; and
WHEREAS, the Promenade’s past success has resulted from the creation
of an authentic urban retail, dining, and cinema experience; and
WHEREAS, as the commercial and economic landscape evolves, the
Promenade’s economic recovery and competitive advantage will depend on its
ability to deliver on a diverse range of unique dining, retail, and entertainment uses;
and
WHEREAS, it will facilitate economic recovery of the Promenade to extend
to the area surrounding the Promenade that is bounded by 2nd Street to the west,
Broadway to the south, 4th Street to the east, and Wilshire Boulevard to the north,
regulatory relief consistent with that provided to the Promenade, including in
particular increased flexibility in use for alleys adjacent to the Promenade; and
WHEREAS, remaining portions of the BC (2nd & 4th Street) District are in
closer proximity to more concentrated residential uses and the proposed relaxed
restrictions could intrude on those uses; and
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WHEREAS, on May 12, 2020, the City Council adopted Emergency Interim
Zoning Ordinance Number 2636 (CCS) (“Interim Zoning Ordinance 2636”), which
established interim zoning regulations to provide immediate relief and regulatory
certainty for businesses in the Third Street Promenade area that may have interest
in looking ahead to make plans for re-opening by taking initial steps towards
economic recovery that included: minor modifications to land use regulations to
provide additional business opportunities and increased flexibility for existing
businesses; eliminating the requirement of a Conditional Use Permit for the
conversion of eating and drinking establishments to other uses; easing standards
related to legal, nonconforming restaurant and retail uses; relaxing Alcohol
Exemption conditions and processes; and allowing for alternate compliance with
loading standards; and
WHEREAS, on November 10, 2020, the City Council adopted Emergency
Interim Zoning Ordinance Number 2658 (CCS) (“Interim Zoning Ordinance 2658”),
which amended the interim zoning regulations adopted by Interim Zoning
Ordinance 2636 (the “interim zoning regulations”) to expand eligibility for alternate
compliance with loading standards and extend the term of the interim zoning
regulations to December 31, 2022 to allow for additional testing and monitoring of
their efficacy and to facilitate the continued economic recovery of local businesses;
and
WHEREAS, on April 13, 2021, the City Council adopted Emergency Interim
Zoning Ordinance 2667, making minor changes, corrections and clarifications to
the interim zoning regulations to: remove the limitation on physical training uses
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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 April 6, 2021, the Governor of the State of California
announced the California would fully re-open its economy on June 15, 2021,
provided that vaccine supply was sufficient and hospitalization rates were stable
and low; and
WHEREAS, on May 21, 2021, the California Department of Public Health
announced that, other than for mega events (those with crowds greater than 5,000
for indoor events and 10,000 for outdoor events), beginning on June 15, 2021, the
State would not impose on businesses restrictions on capacity and physical
distancing; and
WHEREAS, on May 21, 2021, the Los Angeles County Department of
Public Health announced that the County would align with the State’s June 15,
2021 reopening plans that ease many capacity limits and distancing requirements
for businesses; and
7.B.e
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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, beginning in January 2021, in an effort to further preserve and
enhance the economic vitality of the Promenade, DTSM engaged in a series of
conversations and workshops to develop the Draft Third Street Promenade
Stabilization and Economic Vitality Plan (the “Promenade Vitality Plan”); and
WHEREAS, on or about July 27, 2021, DTSM published a final draft of 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
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
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WHEREAS, on August 24, 2021, the City Council directed staff to present
to the Planning Commission for initial consideration and then to the Council a text
amendment to the Zoning Ordinance to remove the Minor Use Permit requirement
for tattoo or body modification parlors the Downtown (LT, NV, BC, TA, OT, and
WT) and Mixed-Use and Commercial (MUBL, MUB, GC, and NC) Districts, subject
to the special requirements set out in SMMC Section 9.31.230(C).; 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 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
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
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announcing plans to electrify large portions of their fleets over the next decade;
and
WHEREAS, due to the continued economic uncertainty arising out of the
COVID-19 pandemic, the high vacancy rate along the Promenade, and the number
of traditional fuel vehicle manufacturers that have expanded product lines to
include hybrid and electric vehicles, including plans to electrify large portions of
their fleets over the next decade, the City Council desires to amend the interim
zoning regulations to permit automobile/vehicle showrooms of any fuel type along
the Promenade and in the immediately surrounding area in order to increase
flexibility of use and opportunities for economic recovery; and
WHEREAS, the City Council finds and declares that a current and
immediate threat to the public health, safety, and general welfare continues to exist
due to the devastating impact the COVID-19-mandated closures and limitations
have had on the local economy, and the proposed interim zoning regulations to
stimulate economic recovery are necessary to protect the public health, safety, and
welfare.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Area Subject to Interim Zoning Regulations. The interim
zoning regulations set forth in Section 2, below, shall apply to all properties located
in the BC (Promenade) District and parcels located in that portion of the BC (2nd &
4th Streets) District bounded by 2nd Street to the west, Broadway to the south, 4th
Street to the east, and Wilshire Boulevard to the north (collectively the “Third Street
7.B.e
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Promenade Area”). The remaining parcels located in the BC (2nd & 4th Streets)
District along the west side of 2nd Street and the east side of 4th Street shall not be
subject to the interim zoning regulations set forth in this Interim Zoning Ordinance.
SECTION 2. Interim Zoning Regulations. The following interim zoning
regulations shall apply to the Third Street Promenade Area:
(a) Interim Land Use Regulations. Notwithstanding anything to the
contrary in Santa Monica Municipal Code Section 9.10.040, the following land use
table prescribes the land use regulations for the Third Street Promenade Area. The
regulations are established by letter designations in the land use table. These
designations apply strictly to the permissibility of land uses; applications for
buildings or structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply
with specific limitations listed at the end of the table.
“MUP” designates use classifications that are permitted after review and approval
of a Minor Use Permit.
“CUP” designates use classifications that are permitted after review and approval
of a Conditional Use Permit.
“–” designates uses that are not permitted.
Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the
Santa Monica Municipal Code (“Zoning Ordinance”). Use classifications and sub-
classifications not listed in the table are prohibited unless the Director determines
whether a specific use not listed in the table shall be deemed to be within one or
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more use classifications pursuant to Chapter 9.51. Accessory uses are permissible
when they are determined by the Zoning Administrator to be necessary and
customarily associated with and appropriate, incidental, and subordinate to, the
principal uses and which are consistent and not more disturbing or disruptive than
permitted uses. The table also notes additional use regulations that apply to
various uses. Section numbers in the right-hand column refer to other Sections of
the Zoning Ordinance that are not affected by the interim zoning regulations.
Use Classification BC
(Promenade)
BC
(2nd & 4th
Streets)
Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.
Single Unit Dwelling L(1) L(1)
Accessory Dwelling Unit P P
Section 9.31.025,
Accessory Dwelling Units
and Junior Accessory
Dwelling Units
Junior Accessory Dwelling Unit P P
Section 9.31.025,
Accessory Dwelling Units
and Junior Accessory
Dwelling Units
Duplex L(1) L(1)
Multiple-Unit Structure L(1) L(1)
Senior Citizen Multiple-Unit Residential L(1) L(1)
Single-Room Occupancy Housing L(1) L(1)
Group Residential L(1) MUP, L(1)
Congregate Housing L(1) CUP, L(1)
SMMC Section 9.31.110,
Congregate and
Transitional Housing
Senior Group Residential L(1) MUP, L(1) SMMC Section 9.31.310,
Senior Group Residential
Elderly and Long-Term Care L(1) L(1)
Emergency Shelters CUP/L(1) L(1),
L(6)/CUP
Family Day Care See sub-classifications below.
Large L(1) L(1) SMMC Section 9.31.140,
Family Day Care, Large
Small L(1) L(1)
Residential Facilities See sub-classifications below.
Residential Care, General L(1) L(1) SMMC Section 9.31.270,
Residential Care
Facilities
Residential Care, Limited L(1) L(1)
Residential Care, Senior L(1) L(1)
Hospice, General L(1) L(1)
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Use Classification BC
(Promenade)
BC
(2nd & 4th
Streets)
Additional Regulations
Hospice, Limited L(1) L(1)
Supportive Housing L(1) L(1)
Transitional Housing L(1) L(1)
Public and Semi-Public Uses
Adult Day Care L(1) L(1)
Child Care and Early Education Facilities P P
SMMC Section 9.31.120,
Child Care and Early
Education Facilities
Colleges and Trade Schools, Public or
Private L(1) L(1)
Community Assembly L(15) P
Community Gardens - P
Cultural Facilities P P
Hospitals and Clinics L(1) L(1)
Park and Recreation Facilities, Public P P
Public Safety Facilities P P
Schools, Public or Private L(1) P
Social Service Centers - P SMMC Section 9.31.350,
Social Service Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.
Grooming and Pet Stores P L(5)/CUP
No more than 10 dogs or
cats can be kept
overnight
Pet Day Care Services - MUP
Veterinary Services P MUP
Automobile/Vehicle Sales and Service See sub-classifications below.
Alternative Fuels and Recharging
Facilities - -
Automobile Rental L(10) L(10)
Automobile Storage Use - -
New Automobile/Vehicle Sales and
Leasing
L(8),
L(5)/CUP
L(8),
L(5)/CUP
Additions 7,500 sq ft or less to
Automobile/ Vehicle Sales and Leasing
buildings existing as of 7/06/2010
- -
SMMC Section 9.31.070
Automobile/ Vehicle
Sales, Leasing, and
Storage
Additions larger than 7,500 sq ft to
Automobile/Vehicle Sales and Leasing
buildings existing as of 7/06/2010
- -
Automobile/Vehicle Repair, Major - -
Automobile/Vehicle Service and Repair,
Minor - -
Automobile/Vehicle Washing - -
Service Station - -
Towing and Impound - -
Banks and Financial Institutions See sub-classifications below.
Banks and Credit Unions - -
Check Cashing Businesses - -
Business Services L(15) L(5)/CUP
Commercial Entertainment and Recreation See sub-classifications below.
Cinemas & Theaters, up to 99 seats P P
Cinemas & Theaters, more than 99 seats P CUP
Convention and Conference Centers P CUP
Large-Scale Facility
L(21)/CUP L(21)/CUP
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Use Classification BC
(Promenade)
BC
(2nd & 4th
Streets)
Additional Regulations
Small-Scale Facility P L(5)/CUP SMMC Section 9.31.340
Small Scale Facility
Fortunetelling
P P
Eating and Drinking Establishments See sub-classifications below.
Bars/Nightclubs/Lounges P P
Restaurants, Full-Service, Limited Service
& Take-out (2,500 sq ft and smaller,
including Outdoor Dining and Seating)
L(22) P SMMC Section 9.31.040,
Alcoholic Beverage
Sales
SMMC Section 9.31.280,
Restaurants, Limited
Service, and Take-Out
Only
SMMC Section 9.31.200,
Outdoor Dining and
Seating
Restaurants, Full-Service, Limited Service
& Take-out (2,501 – 5,000 sq ft, including
Outdoor Dining and Seating)
L(22) P
Restaurants, Full-Service, Limited Service
& Take-out (greater than 5,000 sq ft,
including Outdoor Dining and Seating)
L(22) P
Food Hall P P
Equipment Rental - -
Food and Beverage Sales See sub-classifications below.
Convenience Market L(5)/CUP L(5)/CUP
SMMC Section 9.31.040,
Alcoholic Beverage
Sales
Farmers’ Market P P
General Market L(12)/ CUP L(12)/ CUP
SMMC Section 9.31.040,
Alcoholic Beverage
Sales
Liquor Stores P CUP
Funeral Parlors and Mortuaries - -
Instructional Services L(1),
L(5)/CUP L(5)/CUP
Live-Work L(1)(13) L(13) SMMC Section 9.31.170,
Live-Work
Lodging See sub-classifications below.
Bed and Breakfast P MUP SMMC Section 9.31.090,
Bed and Breakfasts
Hotels and Motels P CUP
Maintenance and Repair Services - -
Nurseries and Garden Centers - L(5)/CUP
SMMC Section 9.31.220,
Outdoor Retail Display
and Sales
Offices See sub-classifications below.
Business and Professional L(1) L(1)
Creative L(1) L(1)
Medical and Dental P L(1)
Walk-In Clientele L(1) L(5)/CUP
Outdoor Newsstands P P SMMC Section 9.31.210,
Outdoor Newsstands
Parking, Public or Private - CUP
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Use Classification BC
(Promenade)
BC
(2nd & 4th
Streets)
Additional Regulations
Personal Services See sub-classifications below.
General Personal Services P L(5)/CUP SMMC Section 9.31.230,
Personal Service
Physical Training L(17),
L(21)/CUP
L(17),
L(5)/CUP
Tattoo or Body Modification Parlor P MUP SMMC Section 9.31.230,
Personal Service
Retail Sales See sub-classifications below.
Building Materials Sales and Services - - SMMC Section 9.31.220,
Outdoor Retail Display
and Sales
General Retail Sales, Small-Scale P L(5)/CUP
General Retail Sales, Medium-Scale P CUP
General Retail Sales, Large-Scale - -
Medical Marijuana Dispensaries - -
SMMC Section 9.31.185,
Medical Marijuana
Dispensaries
Pawn Shops - -
Swap Meets - -
Industrial Uses
Artist’s Studio L(2) L(2)
Commercial Kitchens - -
Industry, Limited L(9) L(9)
Media Production See sub-classifications below.
Support Facilities L(1) L(1)
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P
City Bike Share Facility P P
Communication Facilities See sub-classifications below.
Antennas and Transmission Towers - -
Equipment within Buildings - -
Light Fleet-Based Services - -
Utilities, Major - -
Utilities, Minor P P
Specific Limitations:
(1) Limited to upper floors, and on the ground floor where the entire tenant space shall be
located at least 25 feet from the front property line, except for residential units shall be
limited to upper floors only.
(2) A minimum depth of 25 feet from the front parcel line adjacent to a street for the entire
ground-floor street frontage shall be designed to accommodate interactive uses. For
purposes of this limitation, interactive uses shall be commercial uses with an interactive
element, including, but not limited to, retail sales, exhibitions, displays, demonstrations, or
instruction.
(5) Permitted if within buildings existing as of the date the ordinance codified in this Chapter is
effective. Permitted within new buildings, except:
(a) No individual ground floor tenant space shall occupy more than 7,500 square feet of
floor area and/or exceed 50 linear feet of ground floor street frontage without a
Conditional Use Permit.
(b) Ground floor tenant spaces in the Santa Monica Place are not subject to size
limitations.
(6) Limited to shelters containing less than 55 beds; Conditional Use Permit required for
emergency shelters with 55 or more beds.
(8) Limited to alternative fuel vehicle automobile/vehicle dealer showrooms only.
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(9) 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, dining, demonstrations, or instruction.
(10) Permitted as an ancillary use to support a primary use.
(12) General Markets greater than 15,000 square feet require approval of a Conditional Use
Permit, except general markets in the Mixed-Use Boulevard district greater than 25,000
square feet require approval of a Conditional Use Permit.
(13) If the commercial use requires a MUP or CUP, an application shall be required in
accordance with SMMC, Chapter 9.41. Even if the commercial use would otherwise be
permitted, no such use shall be approved where, given the design or proposed design of
the live-work unit, there would be the potential for adverse health impacts from the
proposed use on the people residing in the unit. An example of a potential health impact is
the potential for food contamination from uses that generate airborne particulates in a unit
with an unenclosed kitchen.
(15) Limited to the ground floor with frontage along 2nd Court and 3rd Court alleys or to upper
floors.
(17) Youth-serving personal services, physical training requires review and approval of a
passenger loading and drop-off plan by the Director.
(21) No individual Fitness Center tenant space shall exceed 100 linear feet of ground floor street
frontage without the approval of a Conditional Use Permit.
(22) Restaurant, Limited-Service and Take-Out establishments with frontage on the Third Street
Promenade and the following characteristics shall be prohibited:
(a) More than 150 locations nationwide at the time that the application for the
establishment is deemed complete by the City; and
(b) Characteristics, including but not limited to, orders placed at a walk-up window,
counter, or machine; payment prior to food consumption; and food served with
disposable, one-time, or limited-use wrapping, containers, or utensils.
(b) Conversion of Any Portion of an Eating and Drinking Establishment
to Any Other New or Expanded Use Located on the Ground Floor.
Notwithstanding the provisions of Santa Monica Municipal Code Section
9.10.040(A), that section shall not apply in the Third Street Promenade Area.
(c) Abandonment of Legal Nonconforming Eating and Drinking
Establishment and Retail Uses. Notwithstanding any provisions of Santa Monica
Municipal Code Section 9.27.050(B) to the contrary, the following legal,
nonconforming uses may be resumed, reestablished, or reopened even if that
nonconforming use has been abandoned for more than one year, unless a
conforming use that meets the applicable requirements of the Zoning Ordinance
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has been lawfully established in the space previously occupied by the
nonconforming use:
1. Bar/nightclub/lounge;
2. Restaurant, full service
3. Restaurant, limited service and take-out;
4. Food hall;
5. General retail sales, small scale; and
6. General retail sales, medium scale.
(d) Offsite Parking Requirements for Food Halls. For application to
the Third Street Promenade Area only, the off-street parking requirements set out
in Santa Monica Municipal Code Section 9.28.060 shall be modified to provide as
follows for Food Halls, as defined by paragraph (h)(2) below: off-street parking
shall be provided for Food Halls in an amount of no more than 1 space per 500 sq.
ft.
(e) Loading Space Requirements for New Buildings, Additions,
Enlargements of Use, and Changes of Use. Notwithstanding any provisions of
Santa Monica Municipal Code Section 9.28.080 to the contrary, no building permit
shall issue for a new building, addition, enlargement of use, or change in use within
the Third Street Promenade Area unless the Director has reviewed and approved
a parking and loading operations plan for the proposed project. The Director may,
in accordance with the requirements of this paragraph, approve a parking and
loading operations plan that results in a waiver or reduction in the number and/or
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dimensions of loading areas and spaces otherwise required under Section
9.28.080. The parking and loading operations plan shall include information as
deemed appropriate by the Director for approval, including, but not limited to,
plans, prior uses, easements, and other items necessary or relevant to describe
existing conditions and the proposed project. The Director may approve a parking
and loading operations plan upon a determination that the plan is not in conflict
with other project operations and impacts to the public right-of-way, which may
include, but not be limited to, impacts to resource, recovery and recycling
operations, noise impacts, and public safety concerns.
(f) Alcohol Exemption Zoning Conformance Permit.
Notwithstanding any provisions of Santa Monica Municipal Code Section
9.31.040(D) to the contrary, the following regulations related to Alcohol Exemption
Zoning Conformance Permits shall apply in the Third Street Promenade Area:
1. The following uses that offer alcoholic beverages shall be
exempted from the provisions of the Conditional Use Permit requirement of
subsection 9.31.040(B) if such a permit is approved in writing by the Director
and if the applicant agrees in writing to comply with all of the following
criteria and conditions set forth in paragraph 2, below:
a. Bar/nightclub/lounge;
b. Restaurant, full service;
c. Restaurant, limited service and take-out;
d. Food hall;
e General retail sales, small scale; and
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f. General retail sales, medium scale
2. The Director may approve a permit under paragraph 1, above,
subject to the following criteria and conditions:
a. The permitted hours of alcoholic beverage service shall
be 8:00 a.m. to 2:00 a.m. daily.
b. From 8:00 am until at least 10:00 p.m., food service
shall be available at all times when alcohol is being served.
c. Sale of alcoholic beverages for consumption beyond
the premises shall be permitted if authorized by the premises’
California Alcoholic Beverage Control (“ABC”) license.
d. Window or other signage visible from the public right-
of-way that advertises beer or alcohol shall not be permitted.
e. Except as may be permitted by a Temporary Use
Permit issued in accordance with Santa Monica Municipal Code
Chapter 9.44, Temporary Use Permits, alcohol shall not be served in
any disposable containers such as disposable plastic or paper cups.
f. The premises shall at all times conduct operations in a
manner not detrimental to surrounding properties by reason of lights,
noise, activities or other actions. The operator of the premises shall
control noisy patrons leaving the premises.
g. Liquor bottle service shall be prohibited. Wine and beer
bottle service shall not be available to patrons unless food service is
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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
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with the public to complete an ABC-sponsored alcohol awareness
training program within 90 days of the effective date of the exemption
determination. In the case of new employees, the plan shall require
all such new employees to attend an ABC-sponsored alcohol
awareness training program within 90 days of hiring. In the event the
ABC no longer sponsors an alcohol awareness training program, all
employees having contact with the public shall complete an
alternative program approved by the Director. The operator of the
premises shall provide the City with an annual report regarding
compliance with this requirement. The operator of the premises shall
be subject to any future Citywide alcohol awareness training program
affecting similar establishments.
l. Within 30 days from the date of approval of this
exemption, the applicant shall provide a copy of the signed
exemption to the local office of the ABC.
m. Prior to occupancy, the operator of the premises shall
submit a plan describing the premises’ designated driver program,
which shall be offered by the operator to the premises’ patrons. The
plan shall specify how the operator will 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
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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.
(g) Zoning Conformance Review for Existing Alcohol Outlets.
Notwithstanding anything to the contrary in Santa Monica Municipal Code Section
9.31.040(E), the following regulations shall apply to Zoning Conformance Review
for existing alcohol outlets in the Third Street Promenade Area:
1. When an existing alcohol outlet without a Conditional Use
Permit changes ownership or undergoes an interior remodel, it shall be
subject to Zoning Conformance review to confirm consistency with current
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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 or decrease in the number of seats in any restaurant that serves
alcoholic beverages, but in no case shall the increase exceed any
established seating limitation in the underlying zoning district.
2. When an existing alcohol outlet with a Conditional Use Permit
changes ownership or undergoes an interior remodel, it shall be subject to
Zoning Conformance review to ensure compliance with the existing CUP.
(h) Interim Use Classifications. For application to the Third Street
Promenade Area only, the nonresidential use classifications set out in Santa
Monica Municipal Code Section 9.51.030 are modified as follows:
1. Small-Scale Facility. The commercial use classification set out in
Santa Monica Municipal Code Section 9.51.030(B)(7)(e) is modified to read as
follows: This classification includes small, generally indoor facilities that occupy
less than 5,000 square feet of building area, such as billiard parlors, card rooms,
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game arcades, dance halls, small tennis club facilities, poolrooms, and amusement
arcades.
2. Food Hall. There is established a new Food Hall commercial use
category as follows: Establishments consisting of three or more individually-
licensed businesses within an enclosed building where food and beverages may
be consumed on the premises, taken out, or delivered, and may also include small
retail venues. Patrons may be served while seated and pay after eating, or orders
may be made at a walk-up window, counter, machine, or remotely, and payment
made prior to food consumption. Characteristics of food halls include but are not
limited to: shared entrance/lobby areas, compartmentalized spaces for individually
licensed businesses, shared eating areas, shared restrooms, and shared “back of
house” areas (e.g., storage, dishwashing, food preparation). Each
compartmentalized space may have access to the exterior of the building, along
with outdoor dining and seating areas, which may be shared with other businesses
within the establishment.
3. Personal Services, Physical Training. The commercial use
classification set out in Santa Monica Municipal Code Section 9.51.030(B)(21)(b)
is modified to read as follows: Gyms exercise clubs, or studios offering martial arts,
physical exercise, yoga training and similar types of instruction to classes and
groups of less than 5,000 square feet. This classification also includes exclusively
youth-serving studios of less than 3,000 square feet offering performing arts,
dance, martial arts, physical exercise, and similar types of instruction to classes
and groups of more than 5 persons.
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4. Industry, Limited. The industrial use classification set out in Santa
Monica Municipal Code Section 9.51.030(C)(5) is modified to read as follows:
Establishments engaged in light industrial activities taking place primarily within
enclosed buildings and producing minimal impacts on nearby properties. This
classification includes the manufacturing of finished parts or products primarily
from previously prepared materials; printing, engraving, and publishing; sign
painting shops; machine and electrical shops; computer and electronic product
manufacturing; furniture and related product manufacturing; and industrial
services. It also includes the preparation, manufacturing, and/or packaging of food
for off-site consumption. Typical food manufacturing uses include canners,
roasters, breweries, wholesale bakeries, and frozen food manufacturers.
(i) Floor Area Ratio Calculations. Notwithstanding anything to the
contrary in Santa Monica Municipal Code Sections 9.04.080 and 9.04.090(A)(2),
for properties located in the BC (Promenade) District, unenclosed rooftop areas
used for commercial or restaurant activity (“unenclosed rooftop areas”) shall be
excluded from floor area and floor area ratio calculations, subject to the following
specific standards:
1. 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.
2. Unenclosed rooftop areas, including barrier, shall be set back a
minimum five feet from the edges of the building.
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3. Portable restrooms, storage sheds, or other similar temporary
structures shall not be permitted on the rooftop.
4. 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.
5. Unenclosed rooftop areas shall not be accessible to the public
outside of their normal business operating hours.
SECTION 3. Any provision of the Santa Monica Municipal Code or any
appendix thereto inconsistent with the provisions of this Emergency Interim Zoning
Ordinance, to the extent of such inconsistencies and no further, is hereby repealed
or modified to that extent necessary to effect the provisions of this Emergency
Interim Zoning Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this
Emergency Interim Zoning Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Emergency Interim
Zoning Ordinance. The City Council hereby declares that it would have passed this
Emergency Interim Zoning Ordinance and each and every section, subsection,
sentence, clause, or phrase not declared invalid or unconstitutional without regard
to whether any portion of the Emergency Interim Zoning Ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the
passage of this Emergency Interim Zoning Ordinance. The City Clerk shall cause
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the same to be published once in the official newspaper within 15 days after its
adoption. This Emergency Interim Zoning Ordinance shall become effective
immediately upon adoption.
SECTION 6. This Emergency Interim Zoning Ordinance shall be of no
further force or effect after December 31, 2022 unless it is otherwise extended
pursuant to Santa Monica Municipal Code Section 9.46.090 or continues to remain
in force pursuant to the Revised Fourth Supplement or other valid emergency
order.
APPROVED AS TO FORM:
_________________________
JOSEPH LAWRENCE
Interim City Attorney
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Permitting Efficiency Study
May 18, 2021
January 25, 2022
Promenade Auto Dealerships
7.B.f
Packet Pg. 271 Attachment: PowerPoint Presentation (4909 : Emergency IZO to Allow Automobile Dealers
City Council | 01.25.22 |Item 7-B
Recommended Action
•Adopt Emergency Interim Ordinance amending the Promenade Interim Zoning Ordinance by allowing automobile/vehicle showrooms of all fuel types
7.B.f
Packet Pg. 272 Attachment: PowerPoint Presentation (4909 : Emergency IZO to Allow Automobile Dealers
•Alternative fuel automobile/vehicle showrooms have been allowed on the
Third Street Promenade since 2011
•Area expanded to 2nd and 4 th Streets adjacent to Promenade with the 2017
adoption of the Downtown Community Plan
•Evolving nature of retail and automobile industry
•Concern about the health and vitality of Downtown and Third Street
Promenade in particular
City Council | 01.25.22 |Item 7-B
Background
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Packet Pg. 273 Attachment: PowerPoint Presentation (4909 : Emergency IZO to Allow Automobile Dealers
City Council | 01.25.22 |Item 7 -B
Subject Area
Third Street Promenade
2nd St
4th St
7.B.f
Packet Pg. 274 Attachment: PowerPoint Presentation (4909 : Emergency IZO to Allow Automobile Dealers
IZO Land Use Table, Specific Limitations:
City Council | 01.25.22 |Item 7-B
Proposed Change
•Ancillary activities such as automobile repair, storage, and service would not be permitted
•Increases flexibility of use and opportunities for economic recovery
•Consistent with retail and industry trend of locating showrooms in high pedestrian areas
New Automobile/Vehicle Sales and Leasing
(8)Limited to alternative fuel vehicle automobile/vehicle dealer
showrooms only.
7.B.f
Packet Pg. 275 Attachment: PowerPoint Presentation (4909 : Emergency IZO to Allow Automobile Dealers
City Council | 01.25.22 |Item 7-B
Recommended Action
•Adopt Emergency Interim Ordinance amending the Promenade Interim Zoning Ordinance by allowing automobile/vehicle showrooms of all fuel types
7.B.f
Packet Pg. 276 Attachment: PowerPoint Presentation (4909 : Emergency IZO to Allow Automobile Dealers
Permitting Efficiency Study
May 18, 2021
January 25, 2022
Promenade Auto Dealerships
7.B.f
Packet Pg. 277 Attachment: PowerPoint Presentation (4909 : Emergency IZO to Allow Automobile Dealers