SR 03-14-2023 10C
City Council
Report
City Council Meeting: March 14, 2023
Agenda Item: 10.C
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and First Reading of an Ordinance Amending the Text of the
Zoning Ordinance to Establish an Outdoor Space Program to Allow Outdoor
Commercial Activity on Privately-Owned Property and Other Minor
Amendments Related to Emergency Response and Economic Recovery,
Including Extension of Certain Permit Timeframes; Adoption of Resolution
Establishing Fees for Permits Subject to Outdoor Space Program
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Sections 15301 (Existing
Facilities), 15303 (New Construction or Conversion of Small Structures), and
15304 (Minor Alterations to Land) of the California Environmental Quality Act
(CEQA) Guidelines.
2. Introduce for first reading an ordinance to amend the text of the Zoning
Ordinance to establish an Outdoor Space Program allowing outdoor commercial
activity on privately-owned property and other minor amendments related to
emergency response and economic recovery, including extension of certain
permit timeframes.
3. Adopt Resolution establishing a fee review of applications subject to the Outdoor
Space Program.
Summary
The temporary outdoor space on private property program is set to expire on June 30,
2023, unless further extended or permanently adopted. The Planning Commission
reviewed the proposed permanent program at their January 25, 2023, meeting and
voted 5-0 (2 absent) to recommend that the Council approve the program, with some
revisions. The Planning Commission’s recommendations are detailed in the Discussion
section of this report.
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In its review, the City Council should focus on whether the proposed zoning
amendments establishing a permanent outdoor space on private property program are
appropriate in providing the necessary continued economic support to existing Santa
Monica businesses and new businesses seeking to expand their commercial activity
outdoors, thereby contributing to the City’s economic vitality.
Additionally, staff recommends the Council codify the permit timeframe extension
established pursuant to Emergency Interim Zoning Ordinance Number 2698 (CCS),
which allowed an additional two (2) years added to all planning entitlements active as of
March 13, 2020, which was when the COVID-19 emergency was declared, until
December 31, 2022, due to unavoidable delays caused by the COVID-19 pandemic and
to further economic recovery efforts. Although the permit timeframe extension IZO
expired on December 31, 2022, codifying these provisions in the Zoning Ordinance is
recommended for future referencing purposes to assist with establishing permit
expiration dates for all projects granted the time extensions during this period of the
COVID-19 pandemic moving forward.
The COVID-19 pandemic resulted in sudden closures and reduction in services
throughout the Santa Monica business community. As part of the City’s economic
recovery efforts, the City established the Santa Monica Temporary Outdoor Use Permit
Program for businesses in accordance with State and County health emergency orders
and social distancing requirements. Under this initial program, businesses applied to
temporarily use areas within the public right-of-way including sidewalks, on-street
parking spaces for parklets, portions of the Santa Monica Pier and Third Street
Promenade, and private outdoor space for commercial activities. The program has
supported a variety of businesses including restaurants, fitness, personal services, and
retail within both public areas and within on-site surface parking lots or open space on
privately-owned property of the subject business. Use of outdoor space in the public
right-of-way has converted to the permanent Santa Monica Outdoors Parklet program
and reversion to the existing sidewalk dining program. The focus of this report is
establishment of a permanent use of outdoor space program located on private property
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as the last remaining area of outdoor spaces temporarily authorized during the
pandemic.
The temporary outdoor program was established and has evolved through a series of
emergency orders beginning on May 29, 2020 (Eighteenth Supplement to the Executive
Order) and continued throughout the COVID- 19 pandemic, consistent with State and
County health orders. Temporary outdoor use permits have been issued to businesses
through a streamlined review process at no cost.
Background
Temporary Outdoor Space Program
On June 8, 2021, the City Council converted these enabling emergency orders into two
Emergency Ordinances and adopted 1) Emergency Ordinance 2673 (CCS) authorizing
the continued use of outdoor public space on sidewalks or streets via parklets (parklet
program); and 2) Emergency Interim Zoning Ordinance (“IZO”) 2674 (CCS) adopting
interim zoning regulations authorizing the continued use of outdoor space (private
outdoor space program) located on privately-owned property for commercial activity.
Interim Zoning Ordinance 2674 also extended certain zoning changes necessary for
continued emergency response and economic recovery, including, but not limited to,
temporary permitted uses for emergency shelters, public safety facilities, and drive-
through facilities for COVID-19 testing and vaccination purposes; flexibility in issuance
of temporary use permits; and flexibility in retail sales of alcoholic beverages, and offsite
sale of alcoholic beverages by restaurants, consistent with emergency regulations
issued by the California Department of Alcoholic Beverage Control (“ABC”).
On May 10, 2022, the City Council further extended the terms of both Ordinances and
authorized the extension of fee waivers associated with monthly licensing fees for
businesses using City-owned property or public right-of way for sidewalk use and
parklets. Council subsequently adopted a permanent parklet program in July 2022
adding Chapter 6.42 Santa Monica Outdoors Parklet Program to the municipal code.
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Emergency Interim Zoning Ordinance 2704 (CCS) extended the private outdoor space
program and interim zoning regulations through December 30, 2022.
On June 1, 2022, the Planning Commission adopted a Resolution of Intention,
Resolution Number 22-012 (PCS), declaring its intention to consider recommending to
the City Council that the City Council amend text of the Zoning Ordinance to establish
an Outdoor Space Program to allow outdoor commercial activity on privately-owned
property, and consideration of other zoning changes related to emergency response
and economic recovery, including, but not limited to, amendments to allow for flexibility
in offsite sales of alcoholic beverages by restaurants and to ensure consistency with
expanded authorization to allow outdoor commercial activity on certain public outdoor
spaces.
On October 11, 2022, the City Council further extended the term of the private outdoor
space program and interim zoning regulations through June 30, 2023. This extension
was granted to allow businesses to continue utilizing their private outdoor space while
staff prepared a permanent private outdoor space program with zoning amendments
that would enable such program.
Permit Timeframe Extension: IZO 2698 (CCS)
On January 25, 2022, the City Council adopted Emergency Interim Zoning Ordinance
Number 2688 (CCS) amending SMMC Section 9.37.090 to codify two-year extensions
for permits issued under the Zoning Ordinance as enacted through the Executive Order,
to expand eligibility to permits issued through December 31, 2022 or issued pursuant to
a complete application submitted through December 31, 2022, and to increase flexibility
for an application of a first-time extension for those permits. On March 22, 2022, the
City Council adopted Emergency Interim Zoning Ordinance Number 2698 (CCS)
extending the interim zoning regulations established by IZO 2688 to December 31,
2022.
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Discussion
Planning Commission Recommendation
On January 25, 2023, the Planning Commission voted to recommend that the City
Council adopt the proposed zoning amendments establishing a permanent outdoor
space on private property program and other zoning changes related to economic
recovery. The Commission expressed the importance of continuing to provide support
to Santa Monica businesses following the COVID-19 pandemic, acknowledging the
success of the City’s temporary outdoor space program, emergency orders, and interim
zoning provisions supportive of economic recovery. The Commission was supportive of
the proposed permanent outdoor space program and recommended a few changes to
the draft program that would provide businesses with additional flexibility by not
restricting the overall size of outdoor spaces or limiting the conversion of existing
surface parking lots to accommodate outdoor spaces. Specifically, the Commission
recommended the following changes to certain provisions within the draft program
proposed by staff:
1. Allowable Size of Outdoor Space. The temporary program currently in effect
does not include any size limitations on outdoor spaces for each eligible
business. The temporary program provides flexibility in this manner where
requirements are limited to ensuring ADA accessibility and that fire and building
Code requirements associated with the buildings on the subject property are not
impacted.
Staff Changes Originally Proposed to the Planning Commission: Based on
business survey response and site inspections, the size of existing outdoor
spaces established by businesses during the COVID-19 pandemic range from
300 to over 1,600 square feet in size. In balancing the use of existing surface
parking lots consisting of parking, circulation, and loading, staff suggested a
maximum size of 1,000 square feet per business and no greater than 50% of the
existing surface parking lot may be converted to open space.
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Planning Commission Recommendation: While some Commissioners supported
establishing a maximum size limit of 1,000 square feet per each business, the
Commission voted to not restrict businesses with a size limitation and to not
restrict existing surface parking lots with a maximum percentage of conversion.
The Commission believed that both provisions would be too restrictive for
businesses to achieve practical outdoor spaces based on varying conditions of
each surface parking lot. Additionally, based on the limited number of neighbor
complaints during the COVID-19 pandemic on the temporary program related to
the use of outdoor spaces or loss of on-site parking on private property, the
Commission was not concerned with the need for establishing size limits of
outdoor spaces or maintaining on-site parking. Instead, the Commission
recommended that outdoor spaces shall have no size limit for each eligible
business provided the outdoor space complies with Building Code, Fire Code,
and objective transportation/circulation standards established in the
Administrative Regulations for the Program by the Mobility Division. This
recommendation is consistent with the current temporary outdoor space program
which does not include size or parking conversion restrictions. This would allow
for greater flexibility for staff to work with businesses in establishing outdoor
spaces that work for both the business and overall safety in vehicular circulation
of the site.
Staff agrees with the Planning Commission’s recommendation to not include a
size limitation on outdoor spaces for each eligible business for the reasons stated
above. This is reflected in the permanent program analysis in this report.
2. Conversion of Parking Spaces for Outdoor Spaces. As mentioned, the current
temporary program does not include limitations on the number of parking spaces
that can be converted for outdoor space, except that no ADA accessible parking
spaces, associated access driveway aisles, or path of travel serving such ADA
spaces may be converted or modified. Additionally, all required building egress or
exit path to the public right-of-way shall be maintained, and the outdoor space is
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required to be sufficiently protected by installation of large planters or other
appropriate barrier.
Staff Changes Originally Proposed to the Planning Commission: Staff had
included a maximum conversion of existing parking lots not to exceed 50% of the
existing parking spaces in conjunction with the maximum square footage of
outdoor space allowed per business as stated above. This was intended to help
balance the use of existing parking lots and address properties where multiple
businesses are seeking outdoor space while ensuring that remaining
unconverted portions of the lots provided adequate circulation. The draft
provision included that an applicant may request to exceed this percentage in
accordance with procedures currently established in the Zoning Code (pursuant
to SMMC Section 9.28.180 Reduction of Required Parking) which includes but
not limited to providing satisfactory evidence demonstrating that the number of
maintained parking spaces is sufficient in meeting the parking demand of the
site.
Planning Commission Recommendation: In efforts to simplify the review and to
ensure that businesses can achieve workable outdoor space, the Commission
recommended to not restrict the number of existing parking spaces that can be
converted, considering the varying size and existing conditions of each parking
lot. The Commission believed that outdoor spaces should be designed in a safe
manner in coordination with ensuring adequate vehicle/loading circulation and
accessibility with any remaining parking spaces. Therefore, the Commission
recommended there should be no limit to the number of existing parking spaces
that can be converted provided that the outdoor space complies with Building
Code, Fire Code, and objective transportation standards established in the
Administrative Regulations for the Program by the Mobility Division
Staff agrees with the Planning Commission’s recommendation to not include a
conversion of existing parking space limitation for the reasons stated above,
except that accessible parking spaces (ADA spaces) shall be maintained as
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required by law. This is reflected in the permanent program analysis in this
report.
Current Outdoor Space Program: IZO 2724 (CCS)
The subject zoning amendments are focused on establishing a permanent outdoor
space program that continues to support outdoor commercial activity within on-site
surface parking lots or other available open space on private property, continuing the
support for business retention/expansion and economic recovery efforts following the
pandemic.
The current Temporary Outdoor Space program has been critical in supporting
businesses during the pandemic. Its overall success provides a new perspective on the
City’s approach to its economic recovery moving forward. For current private outdoor
space permits, parking requirements (except those relating to accessible parking) and
maximum floor area ratio are temporarily suspended to the extent necessary to
accommodate the temporary outdoor spaces and uses permitted under the IZO.
The current temporary program allows businesses (with minimal restrictions) to utilize
on-site surface parking lots and other on-site open areas for expanded outdoor dining,
fitness, personal service, or retail to help offset any pandemic-related indoor use
restrictions or accommodate customer preference of being outdoors while encouraging
social distancing. Currently, 94 local businesses have been issued temporary outdoor
permits. This opportunity to use outdoor space on private property serves many
businesses that are not eligible or not able to have a parklet in front of their business,
particularly on commercial streets with higher traffic speeds such as Pico Boulevard and
sections of Wilshire and Ocean Park Boulevards.
Currently, outdoor dining is the primary activity of these private outdoor spaces. Similar
to rules governing parklets under the Santa Monica Outdoors Parklet Program, table
service and alcohol sales are permitted within these spaces. The program has
supported a variety of other businesses including fitness and physical training, personal
services including hair salons, and retail establishments.
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Staff evaluated the overall use of private outdoor space by businesses during the
pandemic including business outreach and surveys, and site visits to determine which
businesses are actively using their permitted outdoor space. Staff observed the existing
conditions of these permitted outdoor spaces including general size and location,
parking spaces converted, and the types of furnishings, shading devices, and the
overall condition of any barrier, enclosure, or decking materials. Approximately 37 of the
94 local businesses issued a permit are still utilizing their permitted outdoor space. All
other businesses did not have any outdoor areas visibly present at their sites at the time
of survey, indicating they are no longer using their outdoor space. Relaxed indoor safety
protocols have likely attributed to this reduction. The survey also indicated the closure of
some business.
Staff’s evaluation informed the development of appropriate standards considering the
size and location of permitted outdoor areas, parking needs, building/fire accessibility,
and operational requirements to ensure neighborhood compatibility, particularly on sites
abutting residential districts. Potential changes to certain development standards such
as floor area ratio and parking requirements has been evaluated, in addition to possible
operational requirements for these outdoor spaces to ensure overall neighborhood
compatibility. The intent of the permanent program is to continue to provide businesses
with the necessary flexibility in utilizing surface parking lots or other open areas on-site
for commercial activity, while addressing Building Code requirements and Zoning-
related policies.
This proposal involves zoning amendments to certain development standards including,
but not limited to floor area ratio and parking, and the addition of new outdoor space
standards consisting of operational requirements for these outdoor spaces to ensure
overall neighborhood compatibility with adjacent land uses.
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Analysis
Business Outreach: Survey and Site Evaluations
Surveys were provided to businesses participating in the program to solicit feedback on
evaluating business needs and the conditions of existing outdoor spaces established
under the temporary program. The intent of the survey was to understand the
effectiveness of the current program and business interest in maintaining their outdoor
space under a permanent program moving forward. Businesses provided positive
feedback on the program and expressed the importance of their outdoor space to their
business operations.
On August 3, 2022, staff distributed a virtual survey to 94 businesses currently
permitted under the temporary private outdoor space program. Staff received 24
responses over the two-week survey period. The results of the survey helped inform the
proposed standards for the subject program. Survey feedback is summarized in the
findings below:
Of the 24 respondents, 20 use the space for a restaurant use, two use the space for
fitness use, one is for general personal services, and one is for a bar use.
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Survey: Types of Uses of Current Temporary Outdoor Space Permits
The survey results show that a majority of the operators (66%) use their private outdoor
space almost daily, with the remainder of the operators (33%) use their space weekly.
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Survey: Current Usage of Temporary Outdoor Spaces
The size of the outdoor spaces range from 300 square feet and to over 1,600 square
feet, as shown in the figure below.
Survey: Size of Outdoor Spaces
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A majority (81%) of the outdoor spaces provide 17 or more additional seats in their
private outdoor areas. Of these operators that provide 17 or more seats, 9 (64%) of
them are 1,000 SF or greater. Additionally, restaurants make up for a majority of the
operators that occupy at least 1,000 (72%), and a majority of the operators that provide
at least 17 seats (80%).
Survey: Number of Seats within Outdoor Spaces / Percentage of Businesses
Based on the results of the survey, and from site visits to existing operators, staff
originally proposed a maximum outdoor area of 1,000 square feet per operator intended
to provide a balance of uses within these surface parking lots including overall
circulation, loading, and access to existing parking. Although operators have the
flexibility to propose these outdoor spaces in any combination of common open space
on the site, it is expected based on the temporary program that a majority will occupy
the surface parking lots associated with the commercial use. Allowing 1,000 square feet
of parking area is equivalent to approximately 6-7 standard parking spaces and aligns
with current operations of private outdoor use areas. However, the Planning
Commission believed such requirement would be too restrictive for businesses to
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achieve workable outdoor spaces based on varying size and conditions of each surface
parking lot. Consistent with the temporary outdoor program where businesses
established their outdoor spaces according to their needs with no size limitations, the
Commission believed this approach should be maintained based on the varying sizes of
outdoor spaces established during the Pandemic, and the overall positive performance
of the temporary program. To ensure that the permanent program accommodates
business needs, the Commission recommended to not include a size limitation. As
stated above, staff concurs with the Planning Commission’s recommendation, and this
is reflected in the proposed ordinance.
Staff also received feedback on business interest in making future improvements to
their outdoor space in terms of constructing permanent railings or structures. Many
existing permit holders expressed interest in adding planter boxes to use as enclosures,
temporary floor covering like artificial turf, canopies or other shade devices, and ambient
lighting.
Survey: Business Interest in Design Improvements
The complete survey results are provided as an attachment to this report.
During the pandemic, the City’s emergency orders authorized the temporary use of
certain City-owned parking lots, parks, and the Pier specifically for outdoor fitness under
lease agreements. This was in response to the immediate need for outdoor fitness
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during County restrictions on indoor activity and to provide additional designated fitness
areas other than the beach and parks supporting the City’s Park Fitness Permit
Program. A few fitness operators expressed interest in using privately-owned surface
parking lots for outdoor fitness. Proposals involved leasing underutilized public parking
lots from private owners and operating outdoor fitness instruction and classes.
However, the temporary private outdoor space program goals are focused on
supporting the recovery of existing local businesses operating within commercial
buildings where outdoor space is ancillary to the primary indoor space. As such,
program eligible businesses are required to have leased space within a physical
commercial building, and therefore businesses operating entirely outdoors on
underutilized surface parking lots is not permitted.
As part of the permanent program, staff considered the possibility of allowing outdoor
fitness use on privately-owned commercial parking lots. However, the Zoning Code has
historically prohibited business from solely operating outdoors on private property for
compatibility reasons and to ensure such business activity does not impact surrounding
uses and neighborhoods. Allowing businesses to operate solely outdoors could result in
operation-related noise impacts to adjacent commercial or residential uses. Also, such
allowance could unfairly impact competing fitness and exercise businesses (financially)
leasing space within existing buildings in accordance with current zoning requirements.
While staff views outdoor fitness as beneficial to the community, it would be more
appropriate for outdoor fitness spaces to be ancillary in size and in support of a larger
primary space within an enclosed building to ensure neighborhood compatibility. Also,
due to the reduction in County health and safety protocols, staff has not received
additional inquiries to specifically operate fitness in this manner.
Furthermore, there are other options for outdoor fitness uses under the City’s Park
Fitness Permit Program which allows fitness instruction in designated areas of the
beach and public parks. Staff had also received inquiries about generally allowing uses
to occupy underutilized parking on sites developed with commercial buildings. However,
for these similar reasons, staff does not recommend a provision to allow businesses to
solely operate business outdoors on underutilized parking lots. Accordingly, as aligned
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with the temporary program, proposed outdoor spaces would be ancillary to the primary
use operating within a building located on the same or adjacent parcel. The Planning
Commission did not provide any comments contrary to staff’s recommendation on this
item.
Temporary Outdoor Program Evaluation and Inter-Departmental Review
Based on the outreach conducted to businesses and inter-departmental coordination
with relevant City divisions, staff has assessed the current operation of the temporary
outdoor space program and proposes certain changes to improve the program as it
transitions from temporary to permanent.
Since the start of the temporary program, economic recovery staff including Planning,
Mobility, Building and Safety, Resource, Recovery and Recycling (RRR), and Economic
Development Divisions have been in close coordination to address any safety issues
and community concerns. Staff has also provided assistance to address business
needs during the pandemic.
Economic Development Division
The Temporary Outdoor Space Program has been critical in supporting business
recovery during the pandemic. The proposed program intends to provide continued
flexibility for businesses to utilize outdoor space while also ensuring that uses are
compatible with their surroundings. As discussed above, fitness operators had
expressed interest to Economic Development staff to operate solely outdoors on
underutilized surface parking lots. At this time, due to a reduction in County health
protocols associated with the pandemic, diminished interest from fitness operators, and
inconsistency with Zoning Ordinance regulations, staff does not see an immediate need
to permit or address this in the permanent outdoor space program.
Mobility Division
Planning staff coordinated with the Mobility Division to ensure that any concerns raised
associated with parking, loading, or circulation are addressed in the regulations for the
permanent program. As part of the economic recovery team, mobility staff has not
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experienced any explicit issues or complaints regarding parking availability or with the
operation of outdoor spaces authorized during the temporary program. With the
proposed program, and as recommended by the Planning Commission, mobility staff
would review proposed outdoor spaces and establish standards to ensure that outdoor
spaces are designed to minimize impacts to loading, parking, and overall parking lot
circulation. This would allow for greater flexibility allowing staff to work with businesses
in establishing workable outdoor spaces while ensuring the overall safety and circulation
of the site. To address these concerns, Mobility would establish the following:
▪ Require a Parking and Loading Operations Plan (PLOP) for any outdoor space
that may impact the loading area;
▪ Ensure the safety of outdoor spaces where customers or staff would have to
cross an alley to access the outdoor space;
▪ Prohibit the removal of curb cuts necessary for access to active parking areas;
▪ Require the closure of curb cuts where outdoor spaces block existing,
underutilized curb cuts;
▪ Require bollards or other safety features, as deemed appropriate.
Building and Safety Division
Building and Safety requirements for the temporary program will generally remain
consistent moving forward as information on permitting and plan review would be
included in the Administrative Regulations for the new permanent program. As further
described in the next section, these standards and regulations for the design of outdoor
spaces include but not limited to accessibility, railing height, canopies, electrical, and
lighting. Staff would prepare review procedures and informational tools for businesses
on building permit thresholds and any upgrade requirement to existing facilities in an
Outdoor Space Manual later discussed in this report.
Resource, Recovery, and Recycling (RRR)
RRR staff has not experienced any major issues with the existing operators with private
outdoor space under the temporary program. Staff would continue to review
applications to ensure that refuse operations including but not limited to clearance and
overall driveway visibility are not impacted by new outdoor proposals.
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Comparison of Current and Proposed Program Standards
The current temporary program was established to be flexible with minimal zoning
requirements considering indoor health and safety restrictions on indoor usage
throughout the pandemic. As part of the City’s economic recovery efforts and business
retention, program requirements were based primarily to address fire, life, and safety
issues, consistent with the evolving county health and safety requirements. Therefore,
the typical zoning standards including, but not limited to allowable size, location,
parking, and operating hours were not required.
The permanent program maintains this similar approach in encouraging business to
utilize outdoor space as shown to be important for businesses retention during the
pandemic. Accordingly, while the proposed program maintains flexibility for businesses,
staff proposes additional performance and operational standards to ensure these
outdoor spaces do not significantly impact the site and its surroundings, do not create
parking circulation conflicts, and are compliant with fire and Building Code
requirements.
Below is a summary of the existing temporary program requirements and the proposed
changes in the permanent program:
1. Permitted Uses: Eligible Commercial Activity within Outdoor Space. Limited to
non-residential zoning districts. Allowable commercial uses are based on the
underlying zoning district, except that auto repair/service and liquor stores are
explicitly prohibited. The outdoor spaces are accessory to a legally established
business that is located on the same parcel or an adjacent parcel. Allowable
commercial uses would remain based on the underlying zoning district and the
outdoor use would remain as an ancillary component to an established business
on-site or on an adjacent parcel provided its under common ownership.
Proposed Changes: Requirements would remain generally the same, however
with a few additional amendments and clarifications. The program would add
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Animal Care, Sales and Services (i.e., grooming, kennels, and pet day care
services) as ineligible uses. Clarifications include that eligible outdoor spaces
may be located on existing surface parking lots supporting on-site commercial
uses even though such parcels may be zoned residential, subject to the
standards established in the program. For example, there are approximately 65
sites developed with existing commercial parking lots that currently serve the
commercial buildings on-site that are zoned either R1, R2, R3, or with an A-lot
overlay, as shown in the map below. These parcels are directly behind the
commercial buildings facing the boulevards and adjacent to residential to the
rear. These surface parking lots have historically been utilized for parking that
supports the on-site commercial uses. The proposed change would allow
commercial activity on these parking lots.
Figure 1: Residentially zoned parking lots adjacent to commercial
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2. Floor Area Ratio and Parking Requirements Suspended. To enable and
accommodate the use and flexibility of outdoor spaces, zoning requirements
including floor area ratio, and parking were suspended for the temporary
program. Consistent with ensuring there is flexibility and overall equity for
businesses to achieve outdoor space, outdoor space would be exempt as floor
area, floor area ratio, and from parking requirements for existing and new
outdoor spaces.
Proposed Changes: Sections of the Zoning Ordinance would be updated to
exempt outdoor spaces permitted pursuant to this program from floor area, floor
area ratio, and parking requirements. As such, outdoor spaces established
pursuant to this program will not be considered an expansion of a use and will
not require additional parking or count towards maximum floor area ratio. These
proposed changes remove the burden of providing additional parking for the
outdoor space and ensure that any legal non-conforming uses may participate in
the program.
Assembly Bill (AB) 2097: Effective January 1, 2023, AB 2097 eliminates
minimum parking requirements for any residential or commercial development
within a half-mile of a major transit stop, as shown on figure 1 below:
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Figure 2: ½ mile radius from major transit stops, per AB 2097
Although there are some commercial zones that are outside of the ½ mile radius
minimum parking exemption per AB 2097, many of the commercial boulevards
and areas of the City are within the radius where projects are exempt from
minimum parking requirements. Consistent with the intent of AB 2097, the
program would provide flexibility in overall parking whereas eliminating existing
parking for the purposes of converting such area for outdoor activity would be
allowed up to a certain percentage, and parking would not be required for the
expanded outdoor space.
Based on the business surveys, businesses had expressed the need for outdoor
space and did not express concerns that the reductions of on-site customer
parking were impacting their business. Additionally, through the pandemic, the
City’s economic recovery staff had not received complaints about parking issues
due to the outdoor space program allowances resulting in the loss of on-site
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parking. The City has received few temporary outdoor space permit applications
within the last year suggesting that most of the City’s businesses interested in the
program may be accounted for. As such, staff does not anticipate a significant
increase in new applications upon the program’s adoption. Also, a majority of the
businesses participating in the temporary program are located on streets that do
not qualify under the Parklet Program due to traffic speeds and therefore
commercial street parking remains available for these businesses.
3. Allowable Size of Outdoor Space. Currently, there are no size limitations on
outdoor spaces. The temporary program provides flexibility in this manner where
requirements are limited to ensuring ADA accessibility and that fire and building
Code requirements are not impacted.
Proposed Changes: Based on business survey response and site inspections,
the size of existing outdoor spaces range from 300 to over 1,600 square feet in
size. As mentioned, the Planning Commission recommended that outdoor
spaces shall have no size limit for each eligible business provided the outdoor
space complies with Building Code, Fire Code, and objective
transportation/circulation standards established in the Administrative Regulations
for the Program by the Mobility Division. Staff also proposes that any outdoor
space provided in the parking lot be a single, contiguous area per business.
4. Conversion of Parking Spaces for Outdoor Spaces. There are currently no
limitations on the number of parking spaces that can be converted for outdoor
space, except that no ADA accessible parking spaces, associated access
driveway aisles, or path of travel may be converted. Additionally, all required
building egress or exit path to the public right-of-way shall be maintained, and the
outdoor space is required to be sufficiently protected by installation of large
planters or other appropriate barrier.
Proposed Changes: As recommended by the Planning Commission, no changes
are proposed. The Commission believed that outdoor spaces should be designed
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in a safe manner in coordination with ensuring adequate vehicle/loading
circulation and accessibility with any remaining parking spaces. As mentioned,
the Commission recommended there should be no limit to the number of existing
parking spaces that can be converted provided that the outdoor space complies
with Building Code, Fire Code, and objective transportation standards
established in the Administrative Regulations for the Program by the Mobility
Division
5. Location Requirements: Outdoor spaces may be established by converting
surface parking areas or any common open areas on-site including courtyards
and roof areas. Currently, there are no setback requirements for outdoor spaces
from adjacent land uses such as residential.
Proposed Changes: A new setback requirement for the outdoor space of at least
15 feet as measured from the property line abutting residential uses is being
proposed in order to mitigate the potential impacts of outdoor spaces on
residential uses. Outdoor spaces would be clear of driveways, drive aisles used
to access active parking spaces, loading areas, and ADA required parking.
6. Decks, Canopies/Structures, and Heaters: Building permits are required for the
construction of any decks or platforms exceeding certain size and height
thresholds. Additionally, temporary canopies exceeding 700 square feet in
aggregate size and or placed within 12 feet of any building requires approval of a
Fire permit. Also, Fire permits are required for the use of electric or propane
heaters which include restrictions when using in conjunction with temporary
canopies/tents.
Proposed Changes: No changes are proposed that would alter the building
permit thresholds for deck or platform construction, or the need for businesses to
obtain fire permits when using electric or propane heaters. Although the
temporary program has allowed the use of temporary canopies or pop-up tents
during the pandemic to promote immediate economic recovery, staff
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recommends prohibiting the use of temporary tents or canopies as permanent
fixtures. The current program includes Fire and Building Code requirements for
temporary canopies, however the use of permanent structures with fixed
foundations and adequate fire rating is recommended from a safety perspective.
Permanent trellis or shading canopy structures would require permanent
foundations and would address fire concerns associated with temporary pop-up
canopies. During winter seasons, temporary canopy/tents may be approved
through issuance of a fire permit on a temporary basis. Furthermore, requiring
permanent railings, shade structures, fixtures, or related materials integrated with
the existing building or site is consistent with pre-pandemic requirements for
outdoor spaces, subject to staff-level architectural review.
Building and fire permit requirements for heaters, decks, canopies, and related
structures would be established within the Administrative Regulations as
described below.
7. ADA Access and Building Egress: Outdoor spaces are subject to ADA
requirements, including egress for existing buildings and for new outdoor spaces.
ADA access and building egress requirements will be established in the
Administrative Regulations.
Proposed Changes: No changes are proposed.
8. Hours of Operations: Operating hours for outdoor spaces are currently based on
the business’s operating hours prior to the pandemic.
Proposed Changes: Staff recommends establishing operating hours for specific
uses including restaurants and fitness/physical training within outdoor spaces in
efforts to ensure the neighborhood compatibility with adjacent land uses.
Additionally, to ensure operational consistency, the closing hours specified for
restaurants aligns with the established hours for outdoor alcohol service
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conditioned in Alcohol Exemption entitlements. Specifically, staff recommends
the following operating hours:
▪ Restaurants: 8am-11pm
▪ Fitness/Physical Training: 7am-7pm
Establishing operating hours are intended to minimize noise and activity from
nearby sensitive uses such as residential. Consistent with the current zoning
Code which allows any restaurant serving alcoholic beverages to seek an alcohol
Conditional Use Permit (CUP) instead of an Alcohol Exemption permit, a
restaurant may also seek extended outdoor operating hours by applying for an
alcohol CUP, subject to Planning Commission consideration.
9. Noise. Outdoor spaces are subject to the City’s Noise Ordinance. Additionally, all
forms of speaker amplification are prohibited.
Proposed Changes: No changes are proposed. Staff recommends additional
clarification to prohibit the use of televisions or similar screen projectors within
outdoor spaces to ensure amplified noise is contained indoors.
10. Alcohol Use. Restaurants are required to obtain all required alcohol permits or
approval from the City (Alcohol Determination, Alcohol Exemption, or Conditional
Use Permit) and from the Alcohol Beverage Control (ABC).
Proposed Changes: No changes are proposed.
11. Administrative Regulations. The program would include a provision for the
Director of the Community Development Department to establish administrative
regulations to implement the requirements of the program. The administrative
regulations would include, but not be limited to, specific fire department and
building Code requirements, design standards for decks, barriers, shading
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devices, lighting, and furniture, and additional operating conditions for conducting
the outdoor space activity authorized by the program. Below is a summary of
requirements to be established:
• Building Code and Permit Requirements and Standards for the following:
o Structures, shading devices, decks, decorative lighting, electrical,
plumbing, or mechanical connections.
o ADA requirements, including building accessibility and maintaining
accessible parking spaces.
o Similar to the Parklet Program, wastewater fee requirements are
applied only in situations where a restaurant increases seat
capacity (i.e., net increase in seats). Also similar to the Parklets
Program for businesses transitioning from their temporary to
permanent outdoor space permits, the program would offer a
similar three-year payment plan on any wastewater fee
requirements for existing restaurant permit holders only, with the
payment option available through the renewal period ending March
31, 2024.
• Fire Department Permit Requirements and Standards for the following:
o Temporary canopies.
o Propane and electric heaters.
• Mobility Division Requirements and Standards for the following:
o Driveway clearances and overall visibility and safety.
o Parking and Loading Operations Plan (PLOP).
o Overall review of parking lot access and circulation.
• Design Standards:
o Barriers/Railings
o Permanent canopies or sunshade devices.
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o Allowable furnishings (tables, seating, umbrellas, flooring, exercise
equipment, etc.)
o Lighting fixtures
o Signage
Santa Monica Pier
The current temporary program allows for conversion of pier areas not a part of the
primary Pier deck driveway/walkway public right-of-way, which is subject to the sidewalk
dining program. The proposed program would continue to allow outdoor spaces on the
Pier in these areas, however staff recommends fewer restrictions for these spaces due
to the uniqueness of the Pier layout and considering the Pier is not in proximity to
residential uses. As with all proposals for the Santa Monica Pier, any outdoor spaces
would be reviewed by the City’s Pier and Beach Administrator, in coordination with the
Santa Monica Pier Corporation to determine the appropriate size and location.
Pier businesses would be subject to the program requirements, except for the following
standards:
▪ Maximum Size: No size restrictions are proposed. The appropriate size of the
outdoor space would be determined by City staff and the Santa Monica Pier
Corporation.
▪ Location: No setback requirements are proposed since the Pier is not located in
proximity of sensitive land uses such as residential.
▪ Hours of Operations: No separate hour restrictions are proposed for the outdoor
spaces.
▪ Conversion of Parking Spaces: This standard would not apply since businesses
do not have their own private parking areas on the Pier.
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Existing Non-Conforming Uses
Existing businesses that are considered legal non-conforming uses would also be
eligible for the program. This would include uses that were legally established however
are non-conforming as a land use that is no longer permitted in the district or if the
business lacks the required planning entitlement approvals such as a Conditional or
Minor Use Permit.
Pursuant to SMMC Section 9.27.050 Legal Non-Conforming Uses, such uses would not
be able to expand in size or intensify business operations. Existing uses that are no
longer permitted in the district would not be able to expand, while non-conforming uses
without proper land use entitlements would need to obtain their required permits in order
to expand operations.
Consistent with the City’s economic recovery efforts in retaining existing businesses,
staff believes that legal non-conforming uses should also be eligible for the outdoor
space program. Flexibility on allowing non-conforming uses to expand under the
program would support these businesses currently restricted from making necessary
improvements such as having outdoor space, in response to the pandemic.
Furthermore, the proposed program standards including location, and operating hours
would be in place to ensure the compatibility of outdoor activity with nearby uses. As
such, staff believes the limited expansion allowed under the program would not be
detrimental and would further provide support to Santa Monica businesses.
As discussed, outdoor space would be exempt as floor area and floor area ratio (FAR).
Accordingly, since the outdoor space would not be considered floor area, the added
space would not be considered an intensification of the use and such businesses would
not be restricted by the non-conforming section of the Zoning Code.
Existing Businesses with Temporary Outdoor Space Permits
Existing businesses would be able to retain their existing permitted outdoor spaces in
compliance with their permits (issued via City Grows/Clear Forms) and temporary
program requirements. New outdoor space permits would be required for businesses
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seeking modifications including size expansions or relocations of their outdoor space,
subject to new program requirements. Whether a business elects to retain their
permitted outdoor spaces or seek modifications resulting in intensification, businesses
would be required to submit plans with the City for review.
Permit Renewal Process for Existing Temporary Outdoor Space Permit Holders
The program would require that existing permit holders renew their permits by filing for a
permanent outdoor space permit through a Zoning Conformance Review. Renewal
application fees would not apply. Businesses would submit plans to reflect the outdoor
space they were originally permitted during the temporary program to establish a record
of plans with the City since drawings were not required as part of the temporary outdoor
space permits issued during the pandemic. The City would ensure that all existing
outdoor spaces are in compliance with building and fire Code requirements and that
businesses have obtained required permits as required by the temporary program.
Outdoor space application review fees would be waived for existing businesses
renewing their permits. Existing permit holders seeking modifications to their permits
resulting in an intensification of the outdoor space would be required to obtain a new
permit, subject to the new standards.
Permits Renewed by March 31, 2024
Existing permit holders would have until March 31, 2024 to renew their permits. This
would provide existing businesses with adequate time to prepare drawings and file their
application to obtain their permanent permit. Existing permit holders who do not renew
prior to this date would need to apply for a new outdoor space permit, subject to the
new adopted standards and requirements. Staff will continue business outreach
providing updates on the permanent program leading up to and following Council
adoption. Staff is in process of preparing the administrative regulations and
informational tools for businesses on the program, including an Outdoor Space Manual,
similar to the SM Parklets Manual produced by staff for the parklet program.
Renewal applications will be accepted on the effective date of this Ordinance (30 days
after second reading of this Ordinance). Staff will continue business outreach to existing
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permit holders to support businesses in submitting their renewal applications by October
31, 2023 to allow for sufficient processing time by the City prior to the March 31, 2024
renewal date.
Establishment of SMMC Section 9.31.199, Outdoor Commercial Uses on Private
Property
Chapter 9.31 Standards for Specific Uses and Activities would be amended with the
addition of Section 9.31.195, Outdoor Commercial Uses on Private Property that would
include the program requirements.
Consistency with Existing Zoning Ordinance
In addition to the new establishment of Section 9.31.195, Outdoor Commercial Uses on
Private Property, the following existing ordinance sections would be amended for
consistency with the proposed program.
▪ 9.04.080 Determining Floor Area
Floor area exclusions established in this section would be amended to include
outdoor square footage pursuant to the proposed outdoor space program.
▪ 9.04.090 FAR Determining Floor Area Ratio
Floor area ratio exclusions established in this section would be amended to include
outdoor square footage pursuant to the proposed outdoor space program.
▪ 9.27.050 Legal Non-Conforming Uses
Restriction that a non-conforming use is not permitted to expand in area would be
amended where the square footage of the outdoor space allowed pursuant to the
proposed outdoor space program would not be considered an expansion of an
existing non-conforming use.
▪ 9.28.040(A)(4) Calculating Off-Street Parking and Loading Spaces
Parking exclusions established in this section would be amended to include outdoor
square footage pursuant to the proposed outdoor space program.
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▪ 9.31.200 Outdoor Dining and Seating
This existing section establishes outdoor dining and seating standards for eating
and drinking establishments when associated with sidewalk dining. This section
would remain but would be amended with updated language to specifically apply to
outdoor space proposed along the sidewalk public right-of-way and amended to
provide consistency in waiving parking requirements for any outdoor dining areas.
Zoning Conformance Review – Application Fees
A fee resolution is proposed to establish an application fee for a Zoning Conformance
Review for Outdoor Spaces. A one-time application fee would apply to new permit
applications or modifications to existing outdoor space permit applications. Once
approved, permits would not be required to be renewed thereafter. As discussed,
existing businesses with a temporary outdoor space permit issued during the pandemic
will be required to renew their permit initially to make their temporary permits
permanent, and will not be charged this application fee to covert their existing permits.
Staff recommends the establishment of a Zoning Conformance Review fee for outdoor
space applications of four hundred thirty-three dollars and thirty-two cents ($433.32)
excluding any applicable building permit, fire permit, wastewater fees for restaurants, as
required for the Parklet Program, or Architectural Review Board fees. This fee amount
is based on plan reviews performed by the City’s Mobility Division ($247.02), Planning
Division ($107.52), and Resource Recovery and Recycling Division ($78.78). These
rates are consistent with the Parklet Program review fees..
Other Zoning and Land Use Related Changes
Other Changes Related to Emergency Response and Economic Recovery: IZO 2724
(CCS)
A range of zoning and land-use related changes were made throughout the pandemic
through emergency orders. The interim zoning regulations extended and amended by
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IZO 2724 include the following allowances that have helped to facilitate emergency
response and support business recovery. Based on the current relaxing of state and
county health and safety protocols, staff recommends the following zoning changes
related to emergency response and economic recovery expire on June 30, 2023, as
established by IZO 2724.
• Permitted Use in all Zoning Districts: Public Safety Facilities and Emergency
Shelters. This allowance provided flexibility in establishing uses related to health
and safety supportive of emergency response and the pandemic recovery. Based
on current state and county health and safety protocols with the State’s COVID
State of Emergency ending on February 28, 2023, this provision would terminate.
Although this provision would sunset with the IZO, staff will further evaluate other
mechanisms to reestablish the allowance of emergency shelters within the
context of the City’s local emergency declaration for homelessness in light of new
state legislation requirements and may seek further direction from Council, as
needed.
• Drive-through facilities only for COVID-19 testing and vaccination purposes at
hospitals, clinics, and pharmacies. The Zoning Ordinance prohibits new drive-
through facilities. This special exception was necessary to allow the
establishment of testing and vaccination sites remain ongoing and some level of
demand is anticipated to continue. Many of these facilities were established
within tented parking spaces where tests or vaccinations are administered while
patients remain in their vehicles. While the level of demand for testing and
vaccination sites are declining, indoor health or pharmacy facilities can
accommodate demand whereas there is less demand for temporary drive-
through facilities necessary during the pandemic. Therefore, this allowance is
unnecessary at this time.
• Temporary Use Permits for uses permitted pursuant to 9.31.370(b) of more than
45 days and not exceeding 180 days (6 months). Extending the temporary use
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permit period up to 180 days provided flexibility for outdoor temporary uses
supportive of economic recovery efforts and consistent with social distancing
practices during the pandemic recovery along with the associated permit fee
waivers. As indoor masking and social distancing requirements have declined, so
has the need and demand for temporary outdoor uses through a Temporary Use
Permit. Examples of prior temporary uses utilizing this provision during the
pandemic included outdoor drive-in theaters and pop-up outdoor retail events.
Eliminating the waiver of a Minor Use Permit for these temporary use permits
valid for up to 180 days would be appropriate at this time. Although this provision
will expire, staff contemplates amending this section in the Zoning Code with a
similar provision in the near future.
• Off-site alcohol sales for restaurants, and flexibility in retail sale of alcoholic
beverages, consistent with the State Alcoholic Beverage Control (ABC)
requirements. The Alcoholic Beverage Control now allows off-sale privileges for
restaurants and breweries as a result of the pandemic. This provision recognized
this expansion of alcoholic beverages “to-go” as allowed by the State and
allowed such privileges for restaurants, breweries, etc. consistent with ABC
requirements. Therefore, no changes are necessary at this time as this is already
mandated by the State.
Extension of Permit Timeframes: IZO 2698
Pursuant to SMMC Section 9.37.090, unless otherwise provided by the Council and/or
Planning Commission, planning entitlements have two years to exercise rights, typically
obtained by issuance of a building permit or commencement of a use, as applicable.
Special timelines apply for housing projects that have received City, State, or Federal
funding and include at least 50% of units affordable to low-income households (three
years), and all projects in the Coastal Zone receive an additional six months.
Interim Zoning Ordinance 2698 allowed for an additional two (2) years added to all
planning entitlements active as of March 13, 2020, which was when the COVID-19
emergency was declared, until December 31, 2022. The additional two years to
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exercise rights codifies extensions granted by emergency orders due to unavoidable
delays caused by the COVID-19 pandemic and further allows applicants additional time
to proceed with their projects due to the economic impacts of COVID-19, which has
affected business operations and the construction industry. This IZO expired on
December 31, 2022.
In addition, impacts of COVID-19 had increased the uncertainty for applicants who
needed to request additional extensions beyond the two additional years already
granted. SMMC Section 9.37.090(C) does not allow applicants to submit a request for
time extension any earlier than 6 months before the expiration of their permit. That
timing restriction is in place because it is expected that applicants are diligently pursuing
exercising rights for their permits and must be able to demonstrate cause for extension
of the permit. The IZO allowed applicants to request a time extension at any time prior
to 30 days before the expiration of their permit.
Although the permit extension IZO expired on December 31, 2022, staff recommends
codifying this permit timeframe extension in the Zoning Ordinance for future referencing
purposes to assist with establishing permit expiration dates for all projects granted the
time extensions during this period of the pandemic moving forward. The proposed
amendments wound (a) extend deadlines to exercise and continuously pursue the rights
granted under planning entitlements, permits and approvals issued; (b) allow applicants
for planning entitlements, permits and approvals issued and still active to request a First
Time Extension or Other Extension pursuant to SMMC Sections 9.37.090(C)(1) and
9.37.090(C)(2) at any time at least 30 days prior to the expiration of the permit generally
starting in March 2020 and ending in December 2022.Staff has included changes to
SMMC Section 9.37.090 as provided in attached Ordinance, reflecting the effectiveness
of the IZO provision during the pandemic.
Environmental Analysis
The proposed amendments establishing standards and requirements for outdoor space
located on private property, amendments to existing Zoning Ordinance sections for
consistency, and amendments codifying permit timeframe extensions established
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pursuant to Emergency Interim Zoning Ordinance Number 2698 (CCS) supporting
economic recovery are categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to Sections 15301, 15303, and 15304 of
the CEQA Guidelines.
• Section 15301 of CEQA Guidelines provides (Class 1 Existing Facilities)
exemption for the operation, repair, maintenance, permitting, or minor alteration of
existing public or private structures, facilities, mechanical equipment or topographical
features, involving negligible or no expansion of use beyond that existing at the time of
the lead agency's determination. Projects that fall into this class of exemption include
alterations to existing streets, sidewalks, gutter, bicycle facilities, and other similar
facilities and additions of safety or health protection during for use in conjunction with
existing facilities. The proposed amendments would allow alterations to private property
for outdoor space use. Therefore, the project falls into the Class 1 exemption.
• Section 15303 of CEQA Guidelines provides (Class 3 New Construction or
Conversion) exemption for the conversion of existing small structures from one use to
another where only prior modifications are made to the exterior. The amendments
would provide for new construction and/or conversion of outdoor space. Therefore, the
project falls into the Class 3 exemption.
• Section 15304 of CEQA Guidelines provides (Class 4 Minor Alterations to Land)
exemption for minor public or private alterations in the condition of land, water, and or
vegetation which do not involve removal of healthy, mature, scenic trees. New outdoor
space established as a result of the amendments would install amenities including
landscaping and paving. Therefore, the project falls into the Class 4 exemption.
In addition, none of the exceptions specified in Section 15300.2 of CEQA Guidelines
would apply that would preclude the use of these CEQA exemptions - The project site is
not located in a sensitive environment, the project will not have a significant effect on
the environment due to unusual circumstances, the project would not damage scenic
resources, the project would not be located on a hazardous waste site; and the project
would not cause a change to a historical resource. Therefore, this project is
categorically exempt per Sections 15301, 15303, and 15304 of the CEQA Guidelines.
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Text Amendment Findings
1. The proposed amendments to the text of the Zoning Ordinance are consistent
with the General Plan in that the amendments implement LUCE policies to adapt
to changing conditions and to support small businesses. Specifically, Goal LU9
states to actively monitor and manage land use changes to address community
needs, promote citywide sustainability and ensure community livability. In
response to the pandemic, the City’s economic recovery efforts seek to support
and allow businesses to adapt to the current health and safety conditions. The
proposed zoning amendments establishing standards and requirements for
outdoor space supports local business retention and promotes new business
opportunities citywide, addressing needs of the business community and
residents. In addition, Policy LU13.4 seeks to reduce regulatory costs on small
businesses and for the City to continue exploring ways to streamline the approval
process for new and existing businesses. Accordingly, the proposed
amendments support small businesses by simplifying land use standards
encouraging the commercial use of outdoor space. The proposed amendments
are consistent with citywide goals and policies related to maintaining a diversified
and sustainable economy. Consistent with Goal E1 which seeks to create an
economic base that satisfies the commercial needs of the City’s residents while
providing employment opportunities and a strong fiscal infrastructure for the City
and consistent with Policy E1.1 which states to make land use decisions that
respond to changing market conditions and meet the needs of City residents and
visitors, the proposed amendments will encourage the commercial use of outdoor
space to meet the economic needs for business retention and the establishment
of new business as part of the City’s economic recovery efforts following the
current pandemic. Furthermore, consistent with LUCE goals and policies, permit
timeframe extensions are necessary due to the devastating impact the
pandemic-mandated closures and limitations have had on the local economy,
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and necessary to stimulate economic recovery to protect the public health,
safety, and welfare of the City.
2. The proposed amendments to the text of the Zoning Ordinance are consistent
with the purpose of the Zoning Ordinance to promote the growth of the City in an
orderly manner and to promote and protect the public health, safety, and general
welfare in that proposed amendments will provide continued support necessary
for the City’s business retention and economic recovery efforts while ensuring the
protection of neighborhoods following the current Pandemic. Additionally, the
permit timeframe extensions are necessary to promote the growth of the City and
protect the public health, safety, and general welfare by assisting with
unavoidable delays in project development and processing caused by the
Pandemic.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of
recommended action. Staff will return to Council if specific budget actions are required
in the future.
Establishing the permanent outdoor space program on private property would generate
revenue from Planning application fees and possibly plan check, building permit, or fire
permit fees based on proposed improvements warranting permits. This revenue is
necessary to recover the costs of reviewing and processing permits. Current
Temporary Outdoor Space permit holders renewing their permits to transition from
temporary to permanent status will not be charged a Planning application fee.
Accordingly, permit renewal applications would not result in fees generated. However,
new outdoor space proposals or modifications to existing permits resulting in an
intensification of outdoor space would be subject to the proposed Zoning Conformance
Review application fee of four hundred thirty-three dollars and thirty-two cents ($433.32)
generating fees moving forward.
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Prepared By: Steve Mizokami, Senior Planner
Approved
Forwarded to Council
Attachments:
A. CDD-Ord-Private Outdoor Space 031423
B. CDD--Fee Resolution--Zoning Conformance for Private Outdoor Space 031423
C. Business Outreach Survey Results (August 3, 2022)
D. Written Comment
E. PowerPoint Presentation
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City Council Meeting: March 14, 2023 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 ESTABLISH AN
OUTDOOR SPACE PROGRAM ALLOWING COMMERCIAL ACTIVITY ON
PRIVATELY-OWNED PROPERTY AND OTHER AMENDMENTS RELATED TO
EMERGENCY RESPONSE AND ECONOMIC RECOVERY, INCLUDING, BUT NOT
LIMITED TO, EXTENSION OF CERTAIN PERMIT TIMEFRAMES
WHEREAS, on July 6, 2010, the City Council adopted the Land Use and
Circulation Element of the City’s General Plan (“LUCE”) which designates the proposed
general distribution, location and extent of land uses within the City; and
WHEREAS, the City’s new Zoning Ordinance, Chapters 9.01 through 9.52 of
Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”), became effective on
July 24, 2015; and
WHEREAS, on July 25, 2017, the City Council adopted the Downtown Community
Plan (“DCP”) which sets forth the City’s vision of the Downtown as a high quality, mixed-
use district offering opportunities for housing for people across the income spectrum, jobs,
arts and culture, local serving retail and community and visitor gathering places; and
WHEREAS, 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
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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
WHEREAS, on March 17, 2020, the Director of Emergency Services issued a
Revised Fourth Supplement to the Executive Order (“Revised Fourth Supplement”),
which among other things, permitted public safety facilities, hospitals, clinics, and
emergency shelters in all zoning districts and allowed the Director of the Community
Development Department or designee to waive development standards, design review,
parking and access requirements, and sign standards related to such uses, and allowed
drive-through facilities for clinics, convenience markets, farmers markets, general
markets, hospitals, pharmacies, and restaurants; and
WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued
Executive Order N-33-20 directing all residents of the State of California to heed directives
issued by the State Health Officer on the same date instructing all Californians to stay
home except as needed to maintain continuity of operations of the federal critical
infrastructure sectors; and
WHEREAS, on March 19, 2020, the Los Angeles County Department of Public
Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of
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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, and as
part of these amendments and modifications, nonessential businesses, including
restaurants, lower-risk retail businesses, and gym and fitness establishments were
subject to, at various times, prohibitions on operating indoors or restrictions on capacity;
and
WHEREAS, on March 21, 2020, the Director of Emergency Services issued a
Seventh Supplement to the Executive Order aligning the Santa Monica Municipal Code
with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory
Relief” permitting restaurants and retailers holding valid ABC licenses to sell alcoholic
beverages for off-site consumption via delivery and take-out; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued an
Eighteenth Supplement to the Executive Order, which, among other things, authorized
temporary outdoor dining extensions to adjacent sidewalk and/or adjacent parking,
courtyard, or other private open space owned by the restaurant; and
WHEREAS, on June 23, 2020, the Director of Emergency Services issued a
Second Revised Eighteenth Supplement to the Executive Order that modified the First
Revised Eighteenth Supplement to, among other things: extend the authorization for
temporary dining to adjacent private spaces not owned by the restaurant and to sidewalks
in front of adjacent buildings with the consent of either the owner or tenant; extend the
authorization for temporary dining to areas of the Pier to be specified by the Director of
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the Community Development Department subject to specified conditions and any
additional regulations; extend the authorization for temporary dining to portions of the
sidewalk or roadway in the Third Street Promenade to be specified by the Director of the
Community Development Department subject to specified conditions and any additional
regulations; authorize the temporary use by businesses of adjacent sidewalks, adjacent
private outdoor space, and areas of the Pier to be specified by the Director of the
Community Development Department for business activities other than temporary dining,
subject to specified conditions and any additional regulations; and authorize restaurants
and other businesses to establish temporary parklets for business activities and outdoor
dining in on-street parking and loading spaces adjacent to the restaurant or business,
subject to specified conditions, specified design and safety specifications, and any
additional regulations; and
WHEREAS, the Second Revised Eighteenth Supplement also authorized
Business Improvement Districts and individual eligible businesses that have obtained a
temporary use permit to conduct sidewalk sales and other seasonal sales without
otherwise complying with the provisions of the Executive Order; and
WHEREAS, on August 22, 2020, the Director of Emergency Services issued a
Third Revised Eighteenth Supplement to the Executive Order (“Third Revised Eighteenth
Supplement”), which, among other things, superseded and replaced the prior versions of
the Eighteenth Supplement, authorized the specified uses of public and private outdoor
spaces through the duration of the County’s Health Officer Order, plus an additional 30
days, made other modification governing the conditions for use of the public and private
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space, and set fines for violations of the conditions for operating in the public right-of-way
and in private outdoor spaces through administrative citations; and
WHEREAS, on October 7, 2020, the Director of Emergency Services issued a
Twenty-Seventh Supplement to the Executive Order (“Twenty-Seventh Supplement”),
which, among other things, authorized the Director of the Community Development
Department to issue regulations regarding and issue temporary use permits for certain
uses allowed by the County Safer at Home Order, including temporary outdoor sales and
special events, for a period longer than 45 days but less than 180 days and waived
processing fees for such temporary use permits; and
WHEREAS, on November 23, 2020, the Director of Emergency Services issued a
Twenty-Eighth Supplement to the Executive Order (“Twenty-Eighth Supplement”), which,
among other things, authorized the Director of the Community Development Department
to issue permits for and regulations regarding the temporary extension by certain eligible
businesses of their operations into unused portions of the parking lane on Main Street
where the City has placed K-rails and authorized such use through the duration of the
County’s Health Officer Order, plus an additional 30 days; and
WHEREAS, on December 8, 2020, the Director of Emergency Services issued a
Thirtieth Supplement to the Executive Order (“Thirtieth Supplement”), which, among other
things, superseded and replaced Sections 1 through 3 of the Seventh Supplement with
amended rules regarding off-site and retail alcohol sales that, in particular, add the
requirement that authorized sales of to-go alcoholic beverages may be delivered to
customers only at the same time as the required accompanying meals; and
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WHEREAS, on January 28, 2021, the Director of Emergency Services issued a
Thirty-Third Supplement to the Executive Order (“Thirty-Third Supplement”), which,
among other things, authorized satellite outdoor dining in portions of the roadway in the
Third Street Promenade pursuant to limitations set out in the supplement and regulations
to be issued by the Director of the Community Development Department and authorized
such use through the duration of the County’s Health Officer Order, plus an additional 30
days; and
WHEREAS, on March 19, April 6, April 14, May 12, May 26, June 9, June 23, July
14, July 28, September 8, October 27, and December 15, 2020, as well as on January
26, March 23, and effective May 22, 2021, the City Council ratified the Executive Order,
as well as the supplements to the Executive Order in place at the time, including the
Revised Fourth, Third Revised Eighteenth, Twenty-Seventh, Twenty-Eighth, Thirtieth,
and Thirty-Third Supplements; and
WHEREAS, eligible businesses and restaurants with permits to use public and
outdoor space as authorized under the Third Revised Eighteenth, Twenty-Eighth, and
Thirty-Third Supplements were issued temporary outdoor permits or entered into
temporary outdoor encroachment agreements with the City, the terms of which were
coterminous with the County’s Health Officer Order plus an additional 30 days; 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
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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
WHEREAS, as a result of the restrictions imposed by the State’s COVID-19-
related guidance and the County’s Health Officer Order, businesses, and particularly
restaurants, have suffered significant economic hardships; for example, according to
Santa Monica’s fourth quarter sales tax report from 2020, restaurants went down 50-66%
in sales from the same quarter in 2019 just prior to COVID-19; and
WHEREAS, on June 8, 2021, as a result of the State and County’s announcements
regarding a planned June 15 reopening, the City Council adopted Emergency Interim
Zoning Ordinance Number 2674 (CCS) (“Emergency IZO 2674”) establishing interim
zoning regulations to support economic recovery following the anticipated termination of
the authorizations to use public space for outdoor business activities as set forth in the
City’s Third Revised Eighteenth, Twenty-Eighth, and Thirty-Third Supplements, and to
support continued emergency response and pandemic recovery, by authorizing:
temporary use of private outdoor space; temporary permitted uses for emergency
shelters, public safety facilities, and drive through facilities for Covid-19 testing and
vaccination purposes; and flexibility in issuance of temporary use permits and alcoholic
beverage sales (the “interim zoning regulations”); and
WHEREAS, on June 8, 2021, concurrently with consideration of Emergency IZO
2674, the City Council adopted Ordinance Number 2673 (CCS), an emergency ordinance
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adding Santa Monica Municipal Code Chapter 6.40, Santa Monica Outdoors Pilot
Program, authorizing continued use of public space under the Third Revised Eighteenth,
Twenty-Eighth and Thirty-Third Supplements through June 30, 2022; and
WHEREAS, on June 14, 2021, the Director of Emergency Services issued a Thirty-
Seventh Supplement to the Executive Order (“Thirty-Seventh Supplement”) which,
among other things, allowed provisions of the Revised Fourth, Third Revised Eighteenth,
Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Thirtieth, and Thirty-Third Supplements
authorizing continued use of public and private outdoor space for business, emergency
response, and pandemic recovery activities to expire because they had been superseded
by the adoption of Emergency IZO 2674 and Ordinance 2673; and
WHEREAS, on July 27, 2021, the City Council adopted Emergency Interim Zoning
Ordinance Number 2678 (CCS) extending the interim zoning regulations until June 30,
2022; and
WHEREAS, on December 31, 2021, the Notice of Regulatory Relief expired,
including provisions authorizing off-site sales of alcoholic beverages by restaurants, and
flexibility in retail sales of alcoholic beverages; and
WHEREAS, on January 1, 2022, SB 389 became effective, which extends
authority for off-site sales of alcoholic beverages by 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 COVID-19 pandemic and subsequent economic recovery has
been difficult for many segments of the economy, even in light of economic efforts that
are currently underway; and
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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, on May 10, 2022, the City Council adopted Emergency Interim Zoning
Ordinance Number 2704 (CCS), extending the interim zoning regulations until December
21, 2022 to continue to allow eligible businesses to expand their operations to certain
public and private outdoor spaces, provide continued flexibility in the issuance of
temporary use permits and alcoholic beverage sales, facilitate business recovery,
generate increased sales tax revenue for the City, and provide City staff the time
necessary to develop and bring to Council a permanent and expanded program for
businesses to use public and private outdoor space for their operations; and
WHEREAS Emergency IZO 2704 amended the interim zoning regulations to
remove flexibility in retail sales of alcoholic beverages due to the expiration of the Notice
of Regulatory Relief and update regulations permitting offsite sale of alcoholic beverages
by restaurants for consistency with SB 389; and
WHEREAS, on May 24, 2022, the City Council adopted Ordinance Number 2705
(CCS) to extend the provisions of Chapter 6.40, Santa Monica Outdoors Pilot Program,
to September 30, 2022, unless otherwise extended or terminated earlier by the City at its
discretion and consistent with any noticing requirements set forth in administrative
regulations or any licensing agreement between the City and an eligible business; and
WHEREAS, on July 12, 2022, the City Council adopted Ordinance Number 2708
(CCS), adding Santa Monica Municipal Code Chapter 6.42, Santa Monica Outdoors
Parklet Program, to authorize the Director of Community Development to issue parklet
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permits and license agreement with eligible businesses, including businesses that were
previously issued permits in accordance with Chapter 6.40; and
WHEREAS, on October 11, 2022, the City Council adopted Emergency Interim
Zoning Ordinance Number 2724 (CCS), further extending the interim zoning regulations
to June 30, 2023; and
WHEREAS, the interim zoning regulations support economic recovery by
temporarily suspending zoning regulations and provisions of previously-issued permits,
including, but not limited to, parking requirements (except for those relating to accessible
parking) and maximum floor area ratio, to the extent necessary to accommodate the
temporary uses permitted by the interim zoning regulations, the Santa Monica Outdoors
Pilot Program and the Santa Monica Outdoors Parklet Program; and
WHEREAS, currently, and in accordance with the interim zoning regulations, 94
local businesses are using a Temporary Outdoor Use Permit to conduct retail, restaurant,
and fitness activities on private outdoor property—surface parking lots, courtyards, and
other spaces on associated privately-owned commercial property—to help offset any
pandemic-related indoor use restrictions or accommodate customer preference of being
outdoors; and
WHEREAS, the interim zoning regulations have been a critical component of the
City’s response to sustain businesses in Santa Monica during the COVID-19 pandemic
as well as to allow for certain zoning changes to support emergency response and
economic recovery; and
WHEREAS, the interim zoning regulations were established to be flexible with
minimal zoning requirements considering indoor health and safety restrictions on indoor
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usage throughout the COVID-19 pandemic, and, as part of the City’s economic recovery
efforts and business retention, program requirements were based primarily to address
fire, life, and safety issues, consistent with the evolving county health and safety
requirements; and
WHEREAS, encouraging businesses to utilize outdoor space has shown to be
important for businesses retention; and
WHEREAS, the City has a significant public interest in maintaining flexibility for
businesses while ensuring these outdoor spaces do not significantly impact the site and
its surroundings, do not create parking circulation conflicts, and are compliant with fire
and Building Code requirements; and
WHEREAS, on June 1, 2022, the Planning Commission adopted a Resolution of
Intention, Resolution Number 22-012 (PCS), declaring its intention to consider
recommending to the City Council that the City Council amend text of the Zoning
Ordinance to establish an Outdoor Space Program allow outdoor commercial activity on
privately-owned property, and consideration of other zoning changes related to
emergency response and economic recovery, including, but not limited to, amendments
to allow for flexibility in offsite sales of alcoholic beverages by restaurants and to ensure
consistency with expanded authorization to allow outdoor commercial activity on certain
public outdoor spaces; and
WHEREAS, on January 25, 2022, the City Council adopted Emergency Interim
Zoning Ordinance Number 2688 (CCS) amending SMMC Section 9.37.090 to codify two-
year extensions for permits issued under the Zoning Ordinance as enacted through the
Executive Order, to expand eligibility to permits issued through December 31, 2022 or
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issued pursuant to a complete application submitted through December 31, 2022, and to
increase flexibility for an application of a first-time extension for those permits; and
WHEREAS, on March 22, 2022, the City Council adopted Emergency Interim
Zoning Ordinance Number 2698 (CCS) extending the interim zoning regulations
established by IZO 2688 to December 31, 2022; and
WHEREAS, amending Santa Monica Municipal Code Section 9.37.090 to
incorporate the interim zoning regulations will codify the permit timeframe extensions
established by the Emergency Order and the interim zoning regulations due to
unavoidable delays cased by the COVID-19 public health emergency and further
economic recovery efforts; and
WHEREAS, on September 7, 2022, the Planning Commission adopted a
Resolution of Intention, Resolution Number 22-016 (PCS), declaring its intention to
consider recommending to the City Council that the City Council amend Santa Monica
Municipal Code Section 9.37.090 to extend certain permit timeframes for applications and
permits issued and active during the COVID-19 health emergency; and
WHEREAS, on January 25, 2023, the Planning Commission conducted a duly
noticed public hearing, and, after considering oral and written testimony regarding the
proposed amendments to the text of the Zoning Ordinance, adopted Resolution Number
23-001 (PCS), recommending that the City Council amend the text of the Zoning
Ordinance to establish an Outdoor Space Program allow outdoor commercial activity on
privately-owned property, and consideration of other zoning changes related to
emergency response and economic recovery, including extension of certain permitting
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timeframes set forth in Santa Monica Municipal Code Section 9.37.090 based on the
following findings:
1. The proposed amendments to the text of the Zoning
Ordinance are consistent with the General Plan in that the amendments
implement LUCE policies to adapt to changing conditions and to support
small businesses. Specifically, Goal LU9 states to actively monitor and
manage land use changes to address community needs, promote citywide
sustainability and ensure community livability. In response to the Pandemic,
the City’s economic recovery efforts seek to support and allow businesses
to adapt to the current health and safety conditions. The proposed Zoning
amendments establishing standards and requirements for outdoor space
supports local business retention and promotes new business opportunities
citywide, addressing needs of the business community and residents. In
addition, Policy LU13.4 seeks to reduce regulatory costs on small
businesses and for the City to continue exploring ways to streamline the
approval process for new and existing businesses. Accordingly, the
proposed amendments support small businesses by simplifying land use
standards encouraging the commercial use of outdoor space. The proposed
amendments are consistent with citywide goals and policies related to
maintaining a diversified and sustainable economy. Consistent with Goal
E1 which seeks to create an economic base that satisfies the commercial
needs of the City’s residents while providing employment opportunities and
a strong fiscal infrastructure for the City and consistent with Policy E1.1
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which states to make land use decisions that respond to changing market
conditions and meet the needs of City residents and visitors, the proposed
amendments will encourage the commercial use of outdoor space to meet
the economic needs for business retention and the establishment of new
business as part of the City’s economic recovery efforts following the current
Pandemic. Furthermore, consistent with LUCE goals and policies, permit
timeframe extensions are necessary due to the devastating impact the
Pandemic-mandated closures and limitations have had on the local
economy, and necessary to stimulate economic recovery to protect the
public health, safety, and welfare of the City.
2. The proposed amendments to the text of the Zoning
Ordinance are consistent with the purpose of the Zoning Ordinance to
promote the growth of the City in an orderly manner and to promote and
protect the public health, safety, and general welfare in that proposed
amendments will provide continued support necessary for the City’s
business retention and economic recovery efforts while ensuring the
protection of neighborhoods following the current Pandemic. Additionally,
the permit timeframe extensions are necessary to promote the growth of the
City and protect the public health, safety, and general welfare by assisting
with unavoidable delays in project development and processing caused by
the Pandemic.
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WHEREAS, on March 14, 2023, the City Council conducted a duly noticed hearing
to consider the findings and recommendations of the Planning Commission, and desires
to adopt the proposed Zoning Ordinance amendments as set forth below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Based upon the oral and written testimony presented to the City
Council at the public hearing on March 14, 2023 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 in that the amendments
implement LUCE policies to adapt to changing conditions and to support
small businesses. Specifically, Goal LU9 states to actively monitor and
manage land use changes to address community needs, promote citywide
sustainability and ensure community livability. In response to the Pandemic,
the City’s economic recovery efforts seek to support and allow businesses
to adapt to the current health and safety conditions. The proposed Zoning
amendments establishing standards and requirements for outdoor space
supports local business retention and promotes new business opportunities
citywide, addressing needs of the business community and residents. In
addition, Policy LU13.4 seeks to reduce regulatory costs on small
businesses and for the City to continue exploring ways to streamline the
approval process for new and existing businesses. Accordingly, the
proposed amendments support small businesses by simplifying land use
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standards encouraging the commercial use of outdoor space. The proposed
amendments are consistent with citywide goals and policies related to
maintaining a diversified and sustainable economy. Consistent with Goal
E1 which seeks to create an economic base that satisfies the commercial
needs of the City’s residents while providing employment opportunities and
a strong fiscal infrastructure for the City and consistent with Policy E1.1
which states to make land use decisions that respond to changing market
conditions and meet the needs of City residents and visitors, the proposed
amendments will encourage the commercial use of outdoor space to meet
the economic needs for business retention and the establishment of new
business as part of the City’s economic recovery efforts following the current
Pandemic. Furthermore, consistent with LUCE goals and policies, permit
timeframe extensions are necessary due to the devastating impact the
Pandemic-mandated closures and limitations have had on the local
economy, and necessary to stimulate economic recovery to protect the
public health, safety, and welfare of the City.
2. The proposed amendments to the text of the Zoning
Ordinance are consistent with the purpose of the Zoning Ordinance to
promote the growth of the City in an orderly manner and to promote and
protect the public health, safety, and general welfare in that proposed
amendments will provide continued support necessary for the City’s
business retention and economic recovery efforts while ensuring the
protection of neighborhoods following the current Pandemic. Additionally,
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the permit timeframe extensions are necessary to promote the growth of the
City and protect the public health, safety, and general welfare by assisting
with unavoidable delays in project development and processing caused by
the Pandemic.
SECTION 2. Santa Monica Municipal Code Section 9.04.080 is hereby amended
to read as follows:
9.04.080 Determining Floor Area
The floor area of a building is the total gross horizontal areas of all floors of a building,
including usable basements and all other areas measured from the interior face of the
exterior walls or, in the case of a shared wall, from the centerline of a wall separating the
2 buildings. Floor area also includes unenclosed decks, balconies, porches, and platforms
used for commercial or restaurant activity. In addition to calculating floor area ratio, floor
area shall be used to determine parking requirements and all relevant impact fees,
including, but not limited to, affordable housing fees, transportation impact fees, childcare
linkage fees, cultural arts fees, and parks and recreation fees.
A. Included in Floor Area. Floor area is deemed to include:
1. The actual floor space of all habitable rooms on all levels and mezzanines,
interior balconies, lofts, and closets;
2. Restrooms, lounges, lobbies, kitchens, storage areas, and interior hallways
and corridors;
3. Portions of basements that meet Building Code requirements for habitable
space;
4. Enclosed and roofed porches and balconies;
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5. Interior courtyards, atria, paseos, walkways and corridors that are fully
enclosed;
6. Storage and equipment spaces that are roofed and enclosed on all sides;
and
7. Covered parking at or above grade.
B. Excluded from Floor Area. Floor area does not include:
1. Stairways and stairwells;
2. Elevators, elevator equipment rooms, and elevator shafts;
3. Ramps to a subterranean or semi-subterranean parking structure or ramps
between floors of a parking structure provided the ramp does not accommodate parking;
4. Loading spaces and docks used exclusively for loading and unloading as
required by Section 9.28.080;
5. Unenclosed decks, balconies, porches, and platforms not used for
commercial or restaurant activity;
6. In the Third Street Promenade Area, unenclosed rooftop areas used for
commercial or restaurant activity (“unenclosed rooftop areas”), subject to the following
specific standards:
a. Unenclosed rooftop areas shall be surrounded by a barrier not to
exceed 42 inches in height with an allowable transparent barrier not to exceed 42
inches in height. The barrier shall be permanently affixed to the rooftop;
b. Unenclosed rooftop areas, including barrier, shall be set back a
minimum five feet from the edges of the building;
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c. Portable restrooms, storage sheds, or other similar temporary
structures shall not be permitted on the rooftop;
d. Rooftop features such as sunshades, trellises, or canopies shall not
exceed 10 feet in height with a maximum aggregate coverage of 50% of the
unenclosed rooftop area;
e. Unenclosed rooftop areas shall not be accessible to the public
outside of their normal business operating hours.
7. Covered and uncovered courtyards, arcades, atria, paseos, walkways, and
corridors located at or near the street level and are accessible to the general public
provided they are not used as sales, display, storage, service, or production areas;
8. Parking areas located below finished grade or finished floor of habitable
space where the vertical distance between finished grade and finished floor is 5 feet or
less;
9. Semi-subterranean parking areas that meet the following criteria:
a. The parking area is located below finished grade along a minimum
of one street frontage,
b. The portions of the parking area located above finished grade are a
result of the site’s slope and cannot feasibly be fully subterranean due to geological
or physical site constraints, and
c. The facades of any of the visible portions of the parking area located
above finished grade are appropriately treated and landscaped;
10. Mechanical equipment rooms, electrical rooms, telecommunication
equipment rooms, and similar space located below grade;
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11. Enclosures constructed pursuant to Section 9.31.060, Automobile Repair,
Major and Minor, for outdoor hoists in existence on the adoption of Ordinance Number
1452 (CCS);
12. Attics;
13. Accessory dwelling units and junior accessory dwelling units established in
accordance with Section 9.31.025.;
14. Commercial outdoor space permitted pursuant to SMMC 9.31.199, Outdoor
Commercial Uses on Private Property, and SMMC 9.31.200, Outdoor Dining and Seating
on Sidewalks, shall be excluded from floor area.
SECTION 3. Santa Monica Municipal Code Section 9.04.090 is hereby amended
to read as follows:
9.04.090 Determining Floor Area Ratio
Floor Area Ratio (FAR) is the ratio of the floor area, excluding the areas described below,
of all principal and accessory buildings on a site to the site area. To calculate FAR, floor
area is divided by site area, and typically expressed as a decimal. For example, if the
floor area of all buildings on a site totals 20,000 square feet, and the site area is 10,000
square feet, the FAR is expressed as 2.0. For parcels containing one or more zoning
designations, only that portion zoned for commercial or industrial use shall be used as
parcel area when calculating floor area ratio.
A. Floor Area Ratio Exclusions
1. Floor area devoted to basements.
2. Unenclosed decks, balconies, porches, plazas, outdoor dining areas
permitted pursuant to Section 9.31.200, Outdoor Dining and Seating on Sidewalks,
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provided the dining areas have no more than a 42-inch high barrier surrounding the dining
area and is visible from the public right-of-way, and other open spaces, and outdoor space
permitted pursuant to Section 9.31.199, Outdoor Commercial Uses on Private Property.
3. In the Third Street Promenade Area, unenclosed rooftop areas used for
commercial or restaurant activity (“unenclosed rooftop areas”), subject to the following
specific standards:
a. Unenclosed rooftop areas shall be surrounded by a barrier not to
exceed 42 inches in height with an allowable transparent barrier not to exceed 42
inches in height. The barrier shall be permanently affixed to the rooftop;
b. Unenclosed rooftop areas, including barrier, shall be set back a
minimum five feet from the edges of the building;
c. Portable restrooms, storage sheds, or other similar temporary
structures shall not be permitted on the rooftop;
d. Rooftop features such as sunshades, trellises, or canopies shall not
exceed 10 feet in height with a maximum aggregate coverage of 50% of the
unenclosed rooftop area;
e. Unenclosed rooftop areas shall not be accessible to the public
outside of their normal business operating hours.
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SECTION 4. Santa Monica Municipal Code Section 9.27.050 is hereby amended
to read as follows:
Section 9.27.050 Legal Nonconforming Uses
9.27.050 Legal Nonconforming Uses
A legal, nonconforming use may be maintained subject to the following provisions:
A. Change of Ownership. A change of ownership, tenancy, or management of a
nonconforming use shall not affect its status as a legal, nonconforming use.
B. Abandonment. If a nonconforming use of a building, structure, or parcel ceases
for a continuous period of one year or more, the use shall be considered abandoned, and
the building, structure, or parcel shall thereafter be used only in accordance with the
regulations for the District in which it is located except as provided below. It is the
responsibility of the applicant to provide evidence demonstrating to the satisfaction of the
Director that the use was legally established and has not been abandoned.
Notwithstanding the above, no nonconforming residential use shall be considered
abandoned regardless of the length of time of non-use unless the Director determines the
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building is dangerous, unsafe, a health and safety hazard, and/or uninhabitable, and
these conditions cannot be remedied.
1. The one-year period to determine that a nonconforming use has been
abandoned shall commence when the use ceases and any one of the following occurs:
a. The business license lapses;
b. The site is vacated;
c. The lease is terminated;
d. Utilities are terminated; or
e. A conforming use that meets the applicable requirements of this
Ordinance is lawfully established in the space previously occupied by the
nonconforming use.
2. Once the one-year period has commenced under subsection (B)(1) that
period shall only be terminated if the nonconforming use is fully licensed, permitted, and
operational for 60 continuous days. Operational shall mean that the nonconforming use
is open for business to the public and provides services typically associated with the
nonconforming use during the hours and days that are customary for that nonconforming
use.
3. Cessation of use due to remodeling shall not be considered abandonment
so long as building permits are active in accordance with Chapter 8.08 of the Municipal
Code. However, if the building permit expires before the use resumes, the one-year
period under Subsection (B)(1) shall relate back and commence with the cessation of
use.
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4. Except as provided in Subsection (B)(5), no nonconforming use may be
resumed, reestablished, or reopened once it has been determined to have been
abandoned for one year.
5. If the nonconforming use of a building, structure, or parcel occurred in a
City-Designated Historic Resource, the nonconforming use may be resumed,
reestablished, or reopened even if that nonconforming use has been abandoned for more
than one year and other uses have occurred since that abandonment if a Conditional Use
Permit is obtained based on the following findings:
a. The City-Designated Historic Resource was not in residential use as
of December 16, 2014;
b. The proposed use is compatible with existing and permissible land
uses within the District and the general area in which the proposed use is to be
located;
c. The proposed use is compatible with any of the land uses presently
on the subject parcel if the land uses are to remain;
d. The physical location or placement of the use on the site is
compatible with and relates harmoniously to the surrounding neighborhood;
e. The subject parcel is physically suitable for the type of land use being
proposed; and
f. The proposed use would not be detrimental to the public interest,
health, safety, convenience, or general welfare.
6. Notwithstanding the foregoing, or anything to the contrary in this Ordinance,
the following legal, nonconforming uses may be resumed, reestablished, or reopened,
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even if that nonconforming use has been abandoned for more than one year, unless a
conforming use that meets the applicable requirements of the Zoning Ordinance has been
lawfully established in the space previously occupied by the nonconforming use:
a. In areas excluding the Third Street Promenade Area:
i. Restaurant, full service;
ii. Restaurant, limited service and take-out;
iii. Food hall;
iv. General retail sales, small scale; and
v. General retail sales, medium scale.
b. In the Third Street Promenade Area:
i. Bar/nightclub/lounge;
ii. Restaurant, full service
iii. Restaurant, limited service and take-out;
iv. Food hall;
v. General retail sales, small scale; and
vi. General retail sales, medium scale.
C. Conversion to Conforming Use. If a nonconforming use is converted to a
conforming use, the nonconforming use may not be resumed except as authorized by
subsection (B)(5).
D. Expansion of Nonconforming Use. A nonconforming use of a building or portion
of a building that conforms to the development standards of this Chapter shall neither be
expanded into any other portion of the building nor changed except to a conforming use.
The nonconforming use of land shall not be expanded or extended in area, except that
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outdoor dining areas and other outdoor spaces permitted pursuant to SMMC 9.31.199,
Outdoor Commercial Uses on Private Property, and SMMC 9.31.200, Outdoor Dining and
Seating on Sidewalks, shall not be considered an expansion in area for the purposes of
this Subsection.
E. Intensification of Uses. A nonconforming use shall not be permitted to
substantially change in mode or character of operation. A substantial change in mode or
character of operation shall include, but is not limited to, addition of uses, a change in
operational hours that extends past 11:00 p.m. any night Sunday through Thursday
and/or midnight on Friday and/or Saturday or begins before 7:00 a.m., a 5 percent
increase in the floor area of the premises, or a 5 percent increase in the number of seats
in any restaurant, but in no case shall the increase exceed any established seating
limitation in the underlying zoning district.
F. Continuation/Reinstatement. The uses existing in a structure that have been
restored pursuant to Section 9.27.040 may be continued/reinstated in the
reconstructed/replacement structure so long as no continued/reinstated nonconforming
uses are expanded, changed or substituted.
G. Legal, Nonconforming Rent-Controlled Multiple-Unit Properties.
Notwithstanding subsection (D), existing multi-unit residential units in the R1 Single
Family Residential District that are presently controlled by Article XVIII of the City Charter
may be expanded in area provided such expansion complies with all other applicable
Code provisions, including those governing height, number of stories, setbacks,
stepbacks, parcel coverage and off-street parking (unless the City’s Parking and Traffic
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Engineer determines that the provision of parking is not feasible), and the number of
housing units on the multi-unit residential property does not increase.
SECTION 5. Santa Monica Municipal Code Section 9.28.040 is hereby amended
to read as follows:
9.28.040 Calculating Off-Street Parking and Loading Spaces
A. Rules for Calculating Required Spaces. The following rules shall be followed for
calculating the amount of off-street parking and loading spaces.
1. Rounding. Fractional space requirements totaling 0.5 or above shall be
rounded up to the next whole space after calculating the total number of required spaces.
Rounding up shall not apply to loading spaces; however, a minimum of one space shall
be provided.
2. Residential Uses. For purposes of calculating off-street parking
requirements for dwelling units, all private living spaces including, but not limited to, dens,
studios, family rooms, studies and lofts shall be considered as “bedrooms” except that a
maximum of one such room per unit shall not count as a bedroom if it is less than 100
square feet in area. Kitchens, bathrooms, and one living room per unit shall not be
considered bedrooms. Semiprivate rooms shall not count as bedrooms if they have no
doors and a minimum 7-foot opening to adjacent living space. A loft or mezzanine shall
not count as a bedroom if the maximum width of the loft or mezzanine is less than 7 feet.
3. Nonresidential Uses. Unless otherwise specified, the floor areas used to
calculate the number of off-street parking and loading spaces required for nonresidential
uses shall include:
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a. All floor area located above or below grade devoted to office, retail,
service, or other activities and uses, storage areas, restrooms, lounges, lobbies,
kitchens, and interior hallways and corridors, unless exempted by this Chapter;
and
b. All outdoor areas that will accommodate a permanent activity that will
generate a demand for parking facilities in addition to that which is provided for
principal activities and uses within the building or structure.
4. Exclusions. Floor area devoted to the following shall not be included when
determining required parking and loading spaces:
a. Automobile parking;
b. Loading areas;
c. Driveways, drive aisles, ramps;
d. Bicycle parking;
e. Showers or locker areas not associated with a physical training,
personal service or instructional service; and
f. Outdoor dining areas and other outdoor space permitted pursuant to
SMMC 9.31.199, Outdoor Commercial Uses on Private Property, and SMMC
9.31.200, Outdoor Dining and Seating on Sidewalks. Outdoor dining and seating
less than 200 square feet in size associated with restaurants.
5. Maximum Parking Requirements. The maximum number of parking
spaces allowed shall be based on use type as listed in the table in Section 9.28.060, Off-
Street Parking. The following rules apply when calculating maximum parking
requirements:
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a. Multiple Uses. When 2 or more principal uses are located on the
same parcel, the estimated parking demand shall be the sum of the estimated
demand of the various individual uses computed separately, in accordance with
this Section, unless shared parking is approved pursuant to Section 9.28.180.
b. Maximum Amount of Parking. The maximum allowable amount of
parking shall be 2 spaces or 5%, more, whichever is greater, than the quantities
specified in Section 9.28.060, except for permanent public parking. No additional
parking is allowed in excess of the quantities specified in Section 9.28.060 for the
Downtown Community Plan area. In order to obtain approval for permanent public
parking in excess of these maximum allowable amounts, a Conditional Use Permit
approved by the Planning Commission shall be required pursuant to Chapter 9.41,
subject to the following additional required findings:
i. Parking provided in excess improves the pedestrian, transit,
and bicycle network;
ii. Vehicle movement on or around the project site associated
with the excess parking does not unduly impact pedestrian spaces or
movement, transit service, bicycle movement, or the overall traffic
movement in the district;
iii. Accommodating excess parking does not degrade the overall
urban design quality of the project proposal;
iv. All above-grade parking is architecturally screened and the
excess parking does not diminish the quality and viability of existing or
planned landscape enhancements; and
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v. Where off-street parking is proposed that exceeds the
maximum quantities specified, such parking shall not be the principal
use of the property.
c. Replacement of Existing Parking. If a site contains existing surface
parking that serves as Code or permit-required parking for an off-site user, such
parking spaces may be replaced on-site as part of any redevelopment of the site,
and such replacement parking shall not be considered parking that exceeds the
quantities specified in Section 9.28.060 for purposes of subsection (A)(5)(b).
d. Parking Requirements of Other Governmental Entities. Should
parking above the maximum be imposed by another governmental entity based on
established minimum parking requirements, and such additional parking was not
simply requested by the applicant, parking in the amount to meet the entity’s
minimum requirements may be allowed.
6. Minimum Parking Requirements.
a. Downtown Community Plan Area. There is no minimum parking
requirement.
b. Citywide and Parking Overlay 1 Area. The minimum parking must
comply with Section 9.28.060, except as elsewhere allowed in this Chapter.
SECTION 6. Santa Monica Municipal Code Section 9.31.199 is hereby added to
read as follows:
9.31.199 Outdoor Commercial Uses on Private Property
A. Purpose. The purpose of this Section is to allow existing and new businesses to
expand outdoor commercial activity using on-site surface parking lots or common open
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areas located on private property and to ensure that such uses do not adversely impact
adjacent properties and surrounding neighborhoods consistent with the goals, objectives,
and policies of the General Plan. Eligible businesses proposing outdoor space shall be
designed, located, and operated in accordance with the requirements of this Section.
B. Definitions. The definitions in Santa Monica Municipal Code Section 9.52.020
apply to the terms and phrases used in this Chapter, unless otherwise specified herein.
In addition, the following terms and phrases have the following meanings when used in
this section:
1. “Eligible business” means: (1) a business that operates out of a physical
location in the City and has received any necessary entitlements from the City to operate;
(2) the use of the physical location by the business is a commercial use classification that
is permitted or conditionally permitted in the district, other than those uses specifically
prohibited under this Section, as those terms are defined by Santa Monica Municipal
Code Section 9.51.030; and (3) an expansion of an existing commercial use located on
the same parcel located in a nonresidential or Oceanfront district, or adjacent residentially
zoned parcel.
2. “Outdoor Space” is inclusive of all or a portion of a common area, such as
a surface parking lot, courtyard, plaza, roof deck, or other private open space area located
on private property.
C. Applicability. Except as specifically identified, the provisions of this Section shall
apply to eligible businesses proposing new outdoor space areas and to existing private
outdoor use areas that are expanded or enlarged by more than 10% in outdoor space, in
accordance with the requirements of this Section.
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1. Santa Monica Pier: An eligible business on the Santa Monica Pier shall be
subject to the requirements of this Section, except such business shall be exempt from
the following requirements:
a. Maximum Size;
b Location;
c. Hours of Operation;
d. Conversion of Parking Spaces.
D. Procedure. An outdoor space permit shall be subject to a Zoning Conformance
Review, pursuant to the procedures of Chapter 9.38, Zoning Conformance Review, or
subject to application review using a form designated by the Director to ensure
consistency with all of the standards of this Section unless such review has been
conducted in conjunction with discretionary review of the associated commercial use. Any
improvements associated with the outdoor space shall be subject to Building and Safety
and the Fire Department review and shall be subject to administrative Architectural
Design Review in accordance with Santa Monica Municipal Code Chapter 9.55.
E. Permitted Uses. The outdoor space shall be conducted as an accessory use to a
legally established commercial use permitted or conditionally permitted within a non-
residential district or the Oceanfront District. Except for those uses specifically prohibited
under this Section, permitted uses within the outdoor space shall be regulated by the
underlying zoning district.
F. Expansion of Legal Non-Conforming Uses. Notwithstanding anything to the
contrary in SMMC 9.27.050 Legal Non-Conforming Uses, any proposed outdoor space
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by an eligible business considered a legal non-conforming use shall not be considered
an expansion in area and may be authorized in accordance with this Section.
G. Prohibited Uses. The following uses are prohibited and not considered eligible
businesses:
1. Automobile/vehicle Sales and Service, Minor or Major
2. Animal Care, Sales, and Services
3. Liquor Stores
H. Accessory Use. Outdoor space shall be conducted as an accessory use to an
eligible business that is located on the same parcel or a contiguous adjacent parcel.
I. Service and Sale of Alcoholic Beverages. Alcoholic beverages may be sold and
served in outdoor spaces by restaurants that: (a) have obtained and are operating under
a license to sell alcoholic beverages from Alcoholic Beverage Control (ABC); and (b) have
obtained and are operating under a Conditional Use Permit or Alcohol Exemption issued
by the City, or are operating as an existing alcohol outlet without a Conditional Use Permit
pursuant to Section 9.31.040 of the Santa Monica Municipal Code. Sales shall be
conducted in accordance with all requirements and conditions set forth in such licenses
and permits, including those required by the ABC. Permitted outdoor spaces used by
restaurants are for sit-down food and beverage service only; no stand-up service is
permitted.
J. Hours of Operation. Hours of operation of the permitted space shall not exceed
the hours of operation of the associated eligible business, subject to limitations on alcohol
sales set forth in all applicable permits, license, and regulations. If no applicable permit,
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license or regulation states hours for operation of the outdoor space, the following times
shall apply:
1. All Eating and Drinking Establishments: Hours of operation shall be limited
to 8:00 a.m. to 11:00 p.m.
2. Personal Services, Physical Training: Hours of operation shall be limited to
7:00 a.m. to 7:00 p.m.
K. Exemptions: Floor Area, Floor Area Ratio (FAR), and Parking Requirements.
Outdoor space shall be excluded from the following:
1. Floor Area and Floor Area Ratio (FAR) calculations.
2. Minimum parking requirements.
L. Size. Outdoor spaces shall have no size limit for each eligible business provided
that the outdoor space complies with Building Code, Fire Code, and objective
transportation standards established by the Mobility Division.
M. Location. Outdoor spaces shall be located on the same parcel or on a contiguous
adjacent parcel under common ownership, and limited to the following locations:
1. Surface parking lots and common open areas on the subject property
including but not limited to courtyards and roof areas.
2. If located on a parcel adjacent to a residential use, the outdoor space shall
be setback a minimum of 15 feet from the property line abutting the adjacent residential
use.
3. Outdoor spaces may be located on existing surface parking lots supporting
on-site commercial uses with residential zoning provided; (1) the surface parking lot
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serves the subject commercial property under common ownership and; (2) the proposed
outdoor space is ancillary to an eligible business.
4. A single contiguous outdoor space is allowed for each eligible business
when located within a parking lot.
N. Conversion of Existing Parking Areas. Any permitted outdoor space by
conversion of existing parking spaces or areas shall comply with the requirements or
conditions set forth in the administrative regulations issued under this Section, including
the following:
1. No required accessible parking spaces (ADA parking spaces) or related
access aisle or path of travel shall be converted or removed. Vehicular access to all
required ADA parking spaces shall be maintained.
2. Except as provided in paragraph 1, above, there shall be no limit to the
number of existing parking spaces that can be converted pursuant to this Section
provided that the outdoor space complies with Building Code, Fire Code, and objective
transportation standards established by the City’s Mobility Division.
O. Design Standards. The design of any outdoor space improvements including but
not limited to barriers, railings, shade structures, furnishings, lighting fixtures, and signage
shall comply with the requirements or conditions set forth in the administrative regulations
issued under this Section.
P. Accessibility. Outdoor space shall comply with accessibility requirements or
conditions set forth in the administrative regulations issued under this Section.
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Q. Structures and Decks. Construction of any structures or decks shall comply with
requirements or conditions set forth in the administrative regulations issued under this
Section.
R. Temporary Tents and Canopies. Temporary tents, canopies, or similar
enclosures shall not be utilized as permanent shelter in conjunction with outdoor spaces.
Temporary use of tents or canopies may be permitted subject to required permits issued
by the Fire Department only on a temporary seasonal basis and shall comply with the
requirements or conditions set forth in the administrative regulations issued under this
Section.
S. Propane & Electric Heaters. Propane or electric heaters may be permitted in
support of outdoor spaces, subject to Fire Department permit requirements as set forth in
the administrative regulations issued under this Section.
T. Signage. Notwithstanding anything to the contrary in Chapter 9.61 of the Santa
Monica Municipal Code, an eligible business may place a single non-permanent, non-
electric sign no taller than 42” and no larger than 10 square feet in size on any outside
barrier of the outdoor space. The sign can only contain the eligible business name and a
menu. Outdoor spaces may not contain any advertising, marketing, or promotional
signage or materials.
U. Noise. All forms of speaker amplification, televisions or similar screen projectors
are prohibited. Outdoor space operations shall comply with Chapter 4.12 Noise.
V. Administrative Regulations.
1. The Director may adopt administrative regulations to implement the
provisions of this Section, including, but not limited to, design and accessibility
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specification standards for outdoor spaces, application procedures, and other permit
conditions and requirements.
2. A permittee shall comply with any other permit requirements or conditions
set forth in the administrative regulations issued under this Section.
W. Outdoor Space Permit Renewals. An eligible business issued a Temporary Use
of Private Outdoor Space Permit by the City pursuant to emergency orders (Eighteenth
Supplemental Order) and subsequent Emergency Interim Zoning Ordinances between
May 29, 2020 and the adoption of this Section 9.31.199 shall be required to renew their
existing permit prior to March 31, 2024 in accordance with Section 9.31.199(D) to retain
their permitted outdoor space. Any applications subsequent to this date shall be subject
to all requirements of this Section.
SECTION 7. Santa Monica Municipal Code Section 9.31.200 is hereby amended
to read as follows:
9.31.200 Outdoor Dining and Seating on Sidewalks
Outdoor dining and seating on sidewalks shall be designed, located, and operated
consistent with the following standards:
A. Purpose. The purpose of this Section is to permit outdoor dining and seating that
enhances the pedestrian ambiance of the City while and ensure that they do not adversely
impacting adjacent properties or and surrounding neighborhoods consistent with the
goals, objectives, and policies of the General Plan.
B. Applicability. The provisions of this Section shall apply to all new outdoor dining
and seating areas on Public Rights-of-Way, such as sidewalks, and to all existing outdoor
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dining and seating areas that are expanded. or enlarged by more than 10% in outdoor
dining area.
C. Procedure. The establishment of an outdoor dining and seating area requires
Zoning Conformance Review, pursuant to the procedures of Chapter 9.38, Zoning
Conformance Review, to ensure consistency with all of the standards of this Section
unless such review has been conducted in conjunction with discretionary review of the
associated commercial use and issuance of a Sidewalk Dining Permit.
D. Accessory Use. Permanent outdoor Outdoor dining and seating shall be
conducted as an accessory use to a legally established eating and drinking establishment
located that is located on the same parcel, a contiguous adjacent parcel, or on Public
Right-of-Way public right-of-way immediately adjacent to the tenant space.
E. License Agreement. A license agreement for outdoor dining and seating on the
Public Right-of-Way public right-of-way shall be approved in a form required by the City.
F. Barriers. If barriers are provided, they shall be in the manner required by the City.
G. Enclosure. Awnings or umbrellas may be used in conjunction with a sidewalk café,
but there shall be no permanent enclosure around the roof or shelter over the outdoor
dining and seating area. Awnings shall be adequately secured, without attachment to the
Public Right-of-Way retractable, and shall comply with the Building Code adopted by the
City and any applicable design guidelines.
H. Fixtures. The furnishings of the interior of the outdoor dining and seating shall
consist only of movable tables, chairs, and umbrellas, planters, and other portable fixtures
deemed appropriate by City Staff. Lighting fixtures may be permanently affixed onto the
exterior front of the principal building with property permits.
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I. Compliance with Design Guidelines. Outdoor dining and seating shall comply
with all applicable adopted design standards and guidelines, including, but not limited to:
1. The Citywide Sidewalk Dining Outdoor Dining Guidelines for the Third
Street Promenade;
2. The Sidewalk Outdoor Dining Standards for the Third Street Promenade
Santa Monica Boulevard and Broadway; and
3. The Sidewalk Outdoor Dining Standards for Ocean Avenue.
The Planning Director or designee may promulgate guidelines, which may include,
but are not limited to, eligible uses and sites, outdoor dining configuration, design
standards, and operational standards to implement the provisions of this Chapter. No
person shall fail to comply with any such regulation.
J. Refuse Storage Area. No structure or enclosure to accommodate the storage of
trash or garbage shall be erected or placed on, adjacent to, or separate from the sidewalk
café on the public sidewalk or Public Right-of-Way right-of-way. Sidewalk Outdoor dining
and seating areas shall remain clear of litter at all times.
K. Hours of Operation. The hours of operation of the outdoor dining and seating
shall be limited to the hours of operation of the associated restaurant, other eating and
drinking establishment, or commercial use.
L. Parking. Parking shall not be required for outdoor dining and seating on sidewalks
permitted pursuant to this Section. Where outdoor dining and seating occupy less than
200 square feet of area, additional parking spaces for the associated eating and drinking
establishment shall not be required. Parking shall be provided according to the required
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ratio in Chapter 9.28, Parking, Loading, and Circulation, for any area exceeding 200
square feet dedicated to outdoor dining.
SECTION 7. Santa Monica Municipal Code Section 9.37.090 is hereby amended
to read as follows:
9.37.090 Expiration and Extension
A. Expiration. The decision-maker, in the granting of any permit, may specify a time,
consistent with the purposes of the use and necessary to safeguard the public safety,
health and welfare, within which the proposed use must be undertaken and actively and
continuously pursued. Projects with a permit with a specific time within which the
proposed use must be undertaken and actively and continuously pursued that were (i)
issued and active as of March 13, 2020; (ii) issued between March 13, 2020 and
December 31, 2022; or (iii) issued pursuant to a complete application that was submitted
between March 13, 2020 and December 31, 2022 shall be extended for a period of two
years. If no time period is specified, any permit granted under this Ordinance shall
automatically expire if it is not exercised or extended within the time limits listed below:
1. Permits for 100% Affordable Housing and Certain Affordable Mixed-
Use Residential Projects. For 100% affordable housing projects, or mixed-use
residential projects where housing units comprise at least 75 percent of the floor area of
the project, and the housing project has received City, State or Federal funding or is
comprised of units at least 50 percent of which are deed-restricted to be affordable to low
income households and the remainder of which are deed-restricted to be affordable to
low or moderate income households:
a. Except as provided in subparagraph b, below, within Within 3 years
of the effective date, or if located in the Coastal Zone, 3½ years from the effective
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date for affordable housing or mixed use projects where housing units comprise at
least 75 percent of the floor area of the project, and the housing project has
received City, State or Federal funding or is comprised of units at least 50 percent
of which are deed-restricted to be affordable to low income households and the
remainder of which are deed-restricted to be affordable to low or moderate income
households.
b. Notwithstanding paragraph (a), within 5 years of the effective date,
or if located in the Coastal Zone, 5½ years from the effective date, for projects with
a permit:
(i) Issued and active as of March 13, 2020;
(ii) Issued between March 13, 2020 and December 31, 2022; or
(iii) Issued pursuant to a complete application submitted between March
13, 2020 and December 31, 2022.
2. All Other Permits. For projects that do not qualify as affordable housing
or mixed-use in paragraph (1) above:
a. Except as provided in subparagraph (b), below, within two Two years
of the effective date, or if located in the Coastal Zone, 2½ years of the effective
date, for projects that do not qualify as affordable housing or mixed-use in
paragraph (1) above, or if located in the Coastal Zone, 2 ½ years of the effective
date.
b. Notwithstanding paragraph (a), within 4 years of the effective date,
or if located in the Coastal Zone, 4½ years from the effective date for projects with
a permit:
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(i) Issued and active as of March 13, 2020;
(ii) Issued between March 13, 2020 and December 31, 2022; or
(iii) Issued pursuant to a complete application that was submitted
between March 13, 2020 and December 31, 2022.
B. Exercise of Rights. A permit for the use of a building or a property is exercised
when, if required, a valid City business license has been issued, and the permitted use
has commenced on the site unless the permit is granted in conjunction with approval of
new construction.
1. New Construction. If a permit is granted in conjunction with approval of
new construction, issuance of a building permit shall constitute exercise of rights;
provided, however, that, unless otherwise specified as a condition of project approval, the
permit shall expire if:
a. The building permit expires;
b. Final inspection is not completed or Certificate of Occupancy issued
within the time specified as a condition of project approval; or
c. The rights granted under the permit for the use of the building are not
exercised within one year following the earliest to occur of the following: issuance
of a Certificate of Occupancy; or if no Certificate of Occupancy is required, the last
required final inspection for the new construction.
C. Extensions.
1. First Time Extension. The Director shall approve an extension of any
permit or approval granted under this Ordinance upon receipt of a written application with
the required fee prior to expiration of the permit for the time periods listed below.
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a. Projects with Residential Uses: one-year extension.
b. Nonresidential Projects: 6-month extension.
No extension may be requested earlier than 6 months prior to the expiration of the
permit. The Director may grant a second time extension for projects involving a
City-Designated Historic Resource if such extension is necessary due to the
complexity of planning for and developing the project. Notwithstanding the
foregoing, an extension may be requested at any time at least 30 days prior to the
extension of a permit (i) issued and still active as of March 13, 2020; (ii) issued
between March 13, 2020 and December 31, 2022; or (iii) issued pursuant to a
complete application submitted between March 13, 2020 and December 31, 2022.
2. Other Extensions. The Planning Commission may approve a further
extension of any permit or approval granted under this Ordinance upon receipt of a written
application with the required fee at least one month prior to and no more than 6 months
prior to expiration of the permit. Such extension request shall be processed in the same
manner and for the same fee as a new permit. The Planning Commission may grant an
extension request for good cause, and may consider in this review, subject to any vested
rights, the extent to which the project is consistent with current development standards
and policies, whether the project is consistent in principal with the goals, objectives,
policies, land uses, and programs specified in the adopted General Plan, conditions
surrounding the project site and whether the project will adversely affect the public health,
safety and general welfare.
SECTION 8. Santa Monica Municipal Code Section 9.38.020 is hereby amended
to read as follows.
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9.38.020 Applicability
Zoning Conformance Review is required for the following permits, licenses, or uses to
ensure compliance with all provisions of this Chapter:
A. Business license for any initiation of a use pursuant to Chapter 6.04.
B. Home occupations subject to the provisions of Section 9.31.160.
C. Outdoor dining and other commercial uses seating subject to the provisions of
Sections 9.31.199 and 9.31.200.
D. Alcoholic beverage sales subject to the provisions of Section 9.31.040(D) and (E).
E. Zoning compliance letters explaining the City’s land use regulations and permit
information typically prepared in the context of a pending property sale or transaction.
F. Other circumstances deemed appropriate by the Director.
SECTION 9. Any provision of the Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies
and no further, is hereby repealed or modified to that extent necessary to effect the
provisions of this Ordinance.
SECTION 10. 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.
10.C.a
Packet Pg. 613 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes)
45
SECTION 11. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
_______________________
DOUGLAS SLOAN
City Attorney
10.C.a
Packet Pg. 614 Attachment: CDD-Ord-Private Outdoor Space 031423 [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes)
1
City Council Meeting: March 14, 2023 Santa Monica, California
RESOLUTION NUMBER _________ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING A FEE FOR ZONING CONFORMANCE REVIEW OF OUTDOOR
COMMERCIAL USES ON PRIVATE PROPERTY
WHEREAS, Santa Monica Municipal Code Section 2.72.010 authorizes the
imposition of charges for the amount of user fees or fees for services which are provided
to or benefit particular individuals rather than the general public; and
WHEREAS, it is the policy of the City of Santa Monica (City) to charge for the full
costs of services provided by City Staff when such services benefit individual users, rather
than members of the community as a whole; and
WHEREAS, concurrent with this Resolution, City Council introduced for first
reading an ordinance that would, among other things, adopt Santa Monica Municipal
Code Section 9.31.199, authorizing and establishing regulations for outdoor commercial
uses on private property; and
WHEREAS, in accordance with the proposed ordinance, outdoor commercial uses
on private property are subject to zoning conformance review in accordance with the
provisions of Santa Monica Municipal Code Chapter 9.38; and
WHEREAS, the City desires to establish a fee for zoning conformance review of
outdoor commercial uses on private property as authorized by proposed Santa Monica
Municipal Code Section 9.31.199.
10.C.b
Packet Pg. 615 Attachment: CDD--Fee Resolution--Zoning Conformance for Private Outdoor Space 031423 (5356 : Use of Outdoor Space on Private Prop
2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby establishes a fee of $433.32 for Zoning
Conformance Review—Outdoor Commercial Uses on Private Property.
SECTION 2. The fee for Zoning Conformance Review--Outdoor Commercial Use
on Private Property shall become effective upon the effective date of the ordinance
introduced concurrently herewith.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
DOUGLAS SLOAN
City Attorney
10.C.b
Packet Pg. 616 Attachment: CDD--Fee Resolution--Zoning Conformance for Private Outdoor Space 031423 (5356 : Use of Outdoor Space on Private Prop
Temporary Outdoor Space Program (City of Santa Monica)
1 / 20
99 2,387 24
Q1 How interested would you be in keeping your current outdoor space as
authorized by the Temporary Outdoor Program, post pandemic even when
COVID restrictions are relaxed?
Answered: 24 Skipped: 0
Total Respondents: 24
0 10 20 30 40 50 60 70 80 90 100
ANSWER CHOICES AVERAGE NUMBER TOTAL NUMBER RESPONSES
0 (Not Interested)100 (Very Interested)
(Average score of respondents)(Number of Respondents)(Sum of Scores, Not Relevant)
10.C.c
Packet Pg. 617 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.
Temporary Outdoor Space Program (City of Santa Monica)
2 / 20
13.04%3
17.39%4
69.57%16
Q2 In addition to your outdoor space area located on private property, do
you also have a parklet or sidewalk seating along the street?
Answered: 23 Skipped: 1
Total Respondents: 23
0%10%20%30%40%50%60%70%80%90%100%
Parklet
Sidewalk
Seating
None
ANSWER CHOICES RESPONSES
Parklet
Sidewalk Seating
None
10.C.c
Packet Pg. 618 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.
Temporary Outdoor Space Program (City of Santa Monica)
3 / 20
83.33%20
8.33%2
4.17%1
0.00%0
4.17%1
0.00%0
0.00%0
Q3 How have you used your temporary outdoor space?
Answered: 24 Skipped: 0
TOTAL 24
0%10%20%30%40%50%60%70%80%90%100%
Restaurant or
Food Serving...
Fitness/Exercis
e
Personal Care
Service (e.g...
Retail
Bar
Office with
Outdoor Seat...
Other (please
specify)
ANSWER CHOICES RESPONSES
Restaurant or Food Serving Use with Outdoor Dining/Seating
Fitness/Exercise
Personal Care Service (e.g. nail/hair salons, massage, etc.)
Retail
Bar
Office with Outdoor Seating for Employees
Other (please specify)
10.C.c
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Temporary Outdoor Space Program (City of Santa Monica)
4 / 20
95.24%20
4.76%1
0.00%0
Q4 Do you currently serve alcoholic beverages within your outdoor space?
Answered: 21 Skipped: 3
TOTAL 21
0%10%20%30%40%50%60%70%80%90%100%
Yes
No
Not Applicable
ANSWER CHOICES RESPONSES
Yes
No
Not Applicable
Only those that responded as either a "Bar" or "Restaurant or Food Service" to Q3 were asked Qs 4 through 6.
10.C.c
Packet Pg. 620 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.
Temporary Outdoor Space Program (City of Santa Monica)
5 / 20
66.67%14
14.29%3
19.05%4
0.00%0
Q5 How often does your business conduct activity in the outdoor space?
Answered: 21 Skipped: 3
TOTAL 21
0%10%20%30%40%50%60%70%80%90%100%
Daily
0 to 3 times a
week
4 to 6 times a
week
Weekends only
ANSWER CHOICES RESPONSES
Daily
0 to 3 times a week
4 to 6 times a week
Weekends only
Only those that responded as either a "Bar" or "Restaurant or Food Service" to Q3 were asked Qs 4 through 6.
10.C.c
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Temporary Outdoor Space Program (City of Santa Monica)
6 / 20
9.52%2
0.00%0
9.52%2
80.95%17
Q6 How many seats do you have in your outdoor space?
Answered: 21 Skipped: 3
TOTAL 21
0%10%20%30%40%50%60%70%80%90%100%
1 to 8
9 to 12
13 to 16
17+
ANSWER CHOICES RESPONSES
1 to 8
9 to 12
13 to 16
17+
Only those that responded as either a "Bar" or "Restaurant or Food Service" to Q3 were asked Qs 4 through 6.
10.C.c
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Temporary Outdoor Space Program (City of Santa Monica)
7 / 20
50.00%2
0.00%0
25.00%1
25.00%1
Q7 How often does your business conduct activity in the outdoor space?
Answered: 4 Skipped: 20
TOTAL 4
0%10%20%30%40%50%60%70%80%90%100%
Daily
0 to 3 times a
week
4 to 6 times a
week
Weekends only
ANSWER CHOICES RESPONSES
Daily
0 to 3 times a week
4 to 6 times a week
Weekends only
Only those that responded as either a "Fitness/Exercise", "Personal Care Service", "Retail", or "Other" to Q3 were asked Q7.
10.C.c
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8 / 20
0.00%0
0.00%0
100.00%1
0.00%0
Q8 How often does your business conduct activity in the outdoor space?
Answered: 1 Skipped: 23
TOTAL 1
0%10%20%30%40%50%60%70%80%90%100%
Daily
0 to 3 times a
week
4 to 6 times a
week
Weekends only
ANSWER CHOICES RESPONSES
Daily
0 to 3 times a week
4 to 6 times a week
Weekends only
Only those that responded as "Office with Outdoor Seating" to Q3 were asked Qs 8 through 10
10.C.c
Packet Pg. 624 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.
Temporary Outdoor Space Program (City of Santa Monica)
9 / 20
0.00%0
0.00%0
0.00%0
100.00%1
Q9 How many seats do you have in your outdoor space?
Answered: 1 Skipped: 23
TOTAL 1
0%10%20%30%40%50%60%70%80%90%100%
1 to 8
9 to 12
13 to 16
17+
ANSWER CHOICES RESPONSES
1 to 8
9 to 12
13 to 16
17+
Only those that responded as "Office with Outdoor Seating" to Q3 were asked Qs 8 through 10
10.C.c
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10 / 20
0.00%0
100.00%1
0.00%0
Q10 How are you using the outdoor space?
Answered: 1 Skipped: 23
TOTAL 1
0%10%20%30%40%50%60%70%80%90%100%
Additional
workspaces f...
Lounge/eating/b
reak areas f...
Other (please
specify)
ANSWER CHOICES RESPONSES
Additional workspaces for employees (work related)
Lounge/eating/break areas for employees (non work related)
Other (please specify)
Only those that responded as "Office with Outdoor Seating" to Q3 were asked Qs 8 through 10
10.C.c
Packet Pg. 626 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.
Temporary Outdoor Space Program (City of Santa Monica)
11 / 20
25.00%5
20.00%4
25.00%5
30.00%6
Q11 What is the approximate size of the temporary outdoor space you are
using?
Answered: 20 Skipped: 4
TOTAL 20
0%10%20%30%40%50%60%70%80%90%100%
300-600 square
feet / 2-4...
600-1,000
square feet ...
1,000-1,600
square feet ...
1,600+ square
feet / 10...
ANSWER CHOICES RESPONSES
300-600 square feet / 2-4 parking spaces
600-1,000 square feet / 4-6 parking space
1,000-1,600 square feet / 6-10 parking spaces
1,600+ square feet / 10 parking spaces
10.C.c
Packet Pg. 627 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.
Temporary Outdoor Space Program (City of Santa Monica)
12 / 20
21.05%4
15.79%3
26.32%5
36.84%7
Q12 Moving forward, if you could change the size of your outdoor space
how big would you want it to be?
Answered: 19 Skipped: 5
TOTAL 19
0%10%20%30%40%50%60%70%80%90%100%
300-600 square
feet / 2-4...
600-1,000
square feet ...
1,000-1,600
square feet ...
1,600+ square
feet / 10...
ANSWER CHOICES RESPONSES
300-600 square feet / 2-4 parking spaces
600-1,000 square feet / 4-6 parking space
1,000-1,600 square feet / 6-10 parking spaces
1,600+ square feet / 10 parking spaces
10.C.c
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Temporary Outdoor Space Program (City of Santa Monica)
13 / 20
15.00%3
15.00%3
35.00%7
35.00%7
Q13 How many total parking spaces are available at your business site
(approximately)?
Answered: 20 Skipped: 4
TOTAL 20
0%10%20%30%40%50%60%70%80%90%100%
0-5 parking
spaces
5-10 parking
spaces
10-20 parking
spaces
20 + parking
spaces
ANSWER CHOICES RESPONSES
0-5 parking spaces
5-10 parking spaces
10-20 parking spaces
20 + parking spaces
Asking for a count of existing parking at the site to date with the private outdoor space.
10.C.c
Packet Pg. 629 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.
Temporary Outdoor Space Program (City of Santa Monica)
14 / 20
10 149 15
Q14 Has the loss of on-site parking spaces, due to the conversion of such
spaces into usable outdoor space, limited customer visits/overall business?
Answered: 15 Skipped: 9
Total Respondents: 15
0 1 2 3 4 5 6 7 8 9 10
ANSWER CHOICES AVERAGE NUMBER TOTAL NUMBER RESPONSES
0 = "Has not limited customer visits"
50 = "Somewhat Limited"
100 = "Greatly Limited"
(Average score of respondents)(Number of Respondents)(Sum of Scores, Not Relevant)
10.C.c
Packet Pg. 630 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.
Temporary Outdoor Space Program (City of Santa Monica)
15 / 20
96 1,826 19
Q15 Based on your experience to date, what do you value more, using
your on-site parking lot for parking or for additional business activity?
Answered: 19 Skipped: 5
Total Respondents: 19
0 10 20 30 40 50 60 70 80 90 100
ANSWER CHOICES AVERAGE NUMBER TOTAL NUMBER RESPONSES
100 = "Outdoor space for
business activity"0 = "Parking"
10.C.c
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Temporary Outdoor Space Program (City of Santa Monica)
16 / 20
52.63%10
63.16%12
42.11%8
57.89%11
57.89%11
42.11%8
57.89%11
36.84%7
26.32%5
Q16 In terms of designing your outdoor space moving forward, which of
the following would you be interested in (check all that apply)?
Answered: 19 Skipped: 5
Total Respondents: 19
0%10%20%30%40%50%60%70%80%90%100%
Installing
permanent...
Using planter
boxes to hel...
Constructing a
finished dec...
Installing
more tempora...
Installing
permanent...
Deploying
umbrellas or...
Installing
ambient...
Adding outlets
or USB ports
Other (please
specify)
ANSWER CHOICES RESPONSES
Installing permanent perimeter railings or barriers (wood, metal, etc.).
Using planter boxes to help enclose the outdoor space
Constructing a finished deck for the outdoor space
Installing more temporary alternate floor coverings (artificial turf, outdoor carpeting, etc.)
Installing permanent canopies or other sunshade devices (canvas, etc.)
Deploying umbrellas or other moveable shading devices
Installing ambient lighting fixtures (string lights, etc.)
Adding outlets or USB ports
Other (please specify)
10.C.c
Packet Pg. 632 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.
Temporary Outdoor Space Program (City of Santa Monica)
17 / 20
Q17 Some of the typical outdoor space program requirements are listed
below. Which components are you comfortable handling on your own, as
opposed to hiring professional support?
Answered: 20 Skipped: 4
Completing the
online...
Preparing site
plans/elevat...
Submitting
photos...
Constructing
10.C.c
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Temporary Outdoor Space Program (City of Santa Monica)
18 / 20
65.00%
13
25.00%
5
10.00%
2
0.00%
0
0.00%
0 20
40.00%
8
35.00%
7
5.00%
1
15.00%
3
5.00%
1 20
70.00%
14
20.00%
4
5.00%
1
5.00%
1
0.00%
0 20
55.00%
11
15.00%
3
5.00%
1
15.00%
3
10.00%
2 20
65.00%
13
15.00%
3
15.00%
3
5.00%
1
0.00%
0 20
0%10%20%30%40%50%60%70%80%90%100%
Very Comfo…Comfortabl…Indifferent Uncomfort…
Very Unco…
Constructing
the outdoor...
Obtaining
City/Alcohol...
VERY
COMFORTABLE
ON MY OWN
COMFORTABLE
ON MY OWN
INDIFFERENT UNCOMFORTABLE
ON MY OWN
VERY
UNCOMFORTABLE
ON MY OWN
TOTAL
Completing the
online application
Preparing site
plans/elevation
drawings for your
outdoor space
area
Submitting photos
documenting the
site
Constructing the
outdoor space
(perimeter
guardrails/barriers,
decks, canopies,
lighting, etc.)
Obtaining
City/Alcoholic
Beverage Control
(ABC) permits to
serve alcoholic
beverages
10.C.c
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Temporary Outdoor Space Program (City of Santa Monica)
19 / 20
Q18 Please share any other comments you have about the Outdoor
Program below:
Answered: 13 Skipped: 11
1.It is a great program. It would be greatly appreciated if the permanent program could be cost efficient for bars and restaurants who have
been hit so hard by the COVID lockdowns, particularly those of us who were not permitted to be open during the lockdowns, even outside.
It can be very profitable, but this is our first full summer and it has still been difficult to get full staff. That situation seems to be improving,
but any leniency toward business who were shut down for 15 months, like mine was, would be greatly appreciated, even if it's another free
year for the outdoor space or a generous discount for a period of time. The latter would be a win-win for the businesses and the City. We do
not miss our parking at all because much of our clientele now takes advantage of Uber and other programs, which is also a benefit to society
for people who drink alcohol.
2.It has been a wonderful addition to our business. Locals and tourists both do enjoy being sitting outside. it will also provide extra revenues
for the city.
3.This program has been imperative to our recovery! We do realize we're in a unique circumstance: we specialize in getting people together in
a community, sweating and breathing heavily. We encourage fitness, and the eight parking spaces in our interior, aux lot (in addition to our
50 parking spaces in our main lot) were a total waste of space. The efficiency of being able to use all the space we have as a business not only
helps to insulate us against difficulty with the business climate, but also allows us to properly take advantage of the amazing weather we have
here.
4.Most customers are extremely comfortable dining outdoors. The city of SM has great weather for outdoor dining. Outdoor dining creates a
much vibrant city wide ambiance... fun, laughter.. the city seems to be alive! It has created unity with neighboring businesses...Getting to
know your neighbors...
5.“They couldn’t take this space away from you, can they? We need it! “ is a conversation I have with every customer. During the pandemic
everything changed. Most of our pre-pandemic customers are gone. We had to recreate our business from nothing. The protocol system
forced us to do that through safety and exclusively, in outside spaces. Many of our customers will never dine inside again. Others will just
choose to go to other restaurants with outside spaces. I would be lying if I said that business had not been better than before the pandemic
with the extra outside space. But, it would have a devastating effect, if I had to give it up. It would probably drive away half of my current
customers and no business can take that hit. By consolidating this program it also allows me to make my space more appealing and safer.
More greenery , wooden deck permanent furniture. Aesthetically pleasing from the outside to draw more customers that are looking for
outside dining. In closing, Santa Monica is a perfect place for outside dining and our residents and visitors have come to expect it. Also if the
virus has a new, more dangerous, variant again, what do we do? If the space is taken away we will have to dismantle the space and basically,
give away all the furniture we bought. Then if it happens again, we rebuild and buy more? I cannot see any alternative to Santa Monica
making all of these areas permanent. I know other cities will do it and then we will not be able to compete with them.
6.We use private property that we own for our added outdoor space
7.Guests still heavily request outdoor dining. Guest safety and concerns has far outweighed the few parking spots we lost.
8.We will not be in business if this addition gets taken away. You need to keep it. outdoor dining is win win for everyone
9.I am very comfortable with any business using their own private property (such as ours) to maintain the outdoor usage for business. Parklets
and public sidewalks, street parking, etc. that restaurants and other businesses are using should go back to the way they were before COVID.
We have a fully enclosed, gated outdoor parking lot we have been using and our customers absolutely love it, it is the only way we have
survived throughout this trying time. We would greatly appreciate the city extending the outdoor program for private properties
indefinitely. I don't think we should have to pay any permit fees especially since our rents are already very expensive and we pay a lot in local
sales tax anyhow. Thank you.
10.Using my private parking as a dining area is absolutely great. People love to dine outdoors. It will be amazing to keep it permanently. Thank
you.
11.All my customers enjoy eating outdoors. They always tell me that they wish that the outdoor dining will stay permanent. They don't mind
to walk a few step to get to a parking meter.
12.Our outdoor space has kept our restaurant open. We are still having a hard time filling our indoor spaces to this day.
13.FANTASTIC PROGRAM AND IT HELPED KEEP OUR BUSINESS (SOULCYCLE) ALIVE
10.C.c
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Temporary Outdoor Space Program (City of Santa Monica)
20 / 20
Q19 Enter your email below if you would like to receive updates on the
future of the permanent Outdoor Space Program.
Answered: 13 Skipped: 11
10.C.c
Packet Pg. 636 Attachment: Business Outreach Survey Results (August 3, 2022) [Revision 1] (5356 : Use of Outdoor Space on Private Prop Zoning Ord.
Board Executives
Chair
Greg Morena
The Albright
Chair-elect
Younes Atallah
Loews Santa Monica Beach
Hotel
Past Chair
Michael Ricks
Providence Saint John’s Health Center
Treasurer
Len Lanzi
Stubbs, Alderton &
Markiles LLP
Vice Chair Julia Ladd
Santa Monica
Place/Macerich
Vice Chair
Ellis O’Connor
MSD Hospitality/Fairmont
Miramar Hotel
Vice Chair
Becky Warren
Elevate Public Affairs
Vice Chair
Jasson Crockett
Snap, Inc.
Board Members
Jose Alvarado
Cruise
Craig Babington
Morley Builders
Andrew Barrett-Weiss
GoodRX
Dom Bei
Santa Monica Firefighters
Local 1109
Neil Carrey
Neil Carrey Law
Dr. Ben Drati
SMMUSD
Celia Fisher
Beach Moms Child
Development Center
Board Members, Cont.
Rudy Flores
Santa Monica Police Officers
Association
Edward Guerboian
Edward Avedis Fine Jewelry
Jeffrey Fritz
Fritz Buffone Group | Compass
Realty
Lisa Glasser
Oracle
Ann Hsing Pasjoli
Kathy Irby
Commercial Bank of California
Jeff Jarow
PAR Commercial
Dr. Kathryn Jeffery
Santa Monica College
Kim Koury
Spin PR
Julien Laracine
Proper Hospitality
Paula Larmore
Harding Larmore Kutcher &
Kozal LLP
Charlie Lopez-Quintana
ETC Hotels
Jonathan McCowan
310 Tutors
Pam O’Connor
Janet Rimicci
UCLA Health
Beth Schroeder
Raines Feldman
Jon Shoemaker
Gumbiner Savett, Inc.
Nat Trives
Coalition for Engaged
Education
March 14, 2023
VIA EMAIL
Santa Monica City Council
councilmtgitems@smgov.net
Re: Agenda Item No. 10.C: Support for Permanent Program to Allow
Commercial Activities on Private Outdoor Open Space
Dear Councilmembers,
The Santa Monica Chamber of Commerce supports the proposed Zoning
changes to allow existing outdoor commercial uses on private property (e.g.
parking lots/loading areas) to be maintained permanently and new/expanded
opportunities going forward. As described in the Staff Report, the current
temporary program helped many of our local business stay afloat through
COVID, continues to help them recover, and has created much loved and desired
activated outdoor space throughout our City. Based on feedback from Chamber
members who have successfully operated these spaces over the past few years,
we urge the Council to adopt the proposed Zoning changes as recommended by
the Planning Commission and City Staff.
With respect to existing operators, we appreciate the "light touch" approach
recommended by City Staff and the Planning Commission. Importantly, the
Zoning changes will allow existing operators of outdoor space/dining to remain
permanently subject to (a) submittal of plans documenting existing conditions
and satisfying Building and Fire Code requirements and (b) obtaining approval
of such plan by March 31, 2024. (Proposed SMMC Section 9.31.195(W).) This
provision and the related Zoning changes are critical to our local businesses. As
these open spaces are located on properties with a wide range of land area, we
appreciate the Planning Commission and Staff's recognition that a "one size fits
all" approach is not appropriate or necessary for these existing operators so long
as spaces comply with Building and Fire Code requirements. Our local
businesses have invested significant resources and time to make these spaces
safe and enjoyable, and we fully support allowing them to continue without being
subject to the proposed standards for new/future uses.
In sum, we respectfully request that the Council approve the proposed Zoning
changes to expand and maintain outdoor commercial uses on private property as
recommended by City Staff and the Planning Commission.
Respectfully Submitted,
Judy Kruger Greg Morena
President/CEO 2022-23 Board Chair
10.C.d
Packet Pg. 637 Attachment: Written Comment (5356 : Use of Outdoor Space on Private Prop Zoning Ord. Changes)
City CouncilZoning Ordinance Amendments Outdoor Space Program & Economic Recovery March 14, 2023
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Packet Pg. 638 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Temporary Outdoor Space Program
Background | Emergency Orders, IZOs, Economic Recovery
Established May 29, 2020
For Businesses within Parklets, Sidewalks, SM Pier, Promenade, Commercial Property
Restaurants, Fitness, Personal Services, Retail, etc.
Temporary Permits Issued via Streamlined Review (no application fees)
Other Land Use Changes: Public Safety, Drive-through COVID testing, Extended TUPs
Temporary Program Expires June 30, 2023
Other Economic Recovery Support: 2-Year Extension of Permit Timeframes
IZO 2698: 2 additional years to exercise rights for Planning Entitlements, Permits, etc
Expired December 31, 2022: Amend ZO to memorialize timeframes for future reference
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Packet Pg. 639 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Current Outdoor Space Program
Critical in Supporting Businesses during the Pandemic
New perspective on need for Outdoor Space
Accommodates customer preference of being outdoors
Outdoor Space opportunity for business ineligible for parklets
94 Outdoor Space Permits issued on Private Property (37 active)
Primarily Restaurants
Permanent Program
Allow Existing Businesses to Retain Existing Permitted Outdoor Space
Continue to provide Flexibility for new Outdoor Space proposals
Exempt from Parking Requirements, Floor Area / Floor Area Ratio
Establish Standards: Mobility/RRR Site Review, Location, Hours
10.C.e
Packet Pg. 640 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Planning Commission Recommendation
January 25, 2023 –Planning Commission Discussion
Recommended Adoption of Permanent Program
Recommended Codifying 2-Year Permit Extension (for record keeping)
Acknowledged success of Temporary Outdoor Program
Expressed importance of continued support to SM Businesses
Recommended Program Flexibility with Limited Restrictions
Recommended changes to draft Program adding greater
flexibility for businesses
10.C.e
Packet Pg. 641 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Planning Commission Recommendation
Proposed Changes to Draft Program
Eliminate Maximum Allowable Size of Outdoor Space
Staff Initial Proposal: Max Size 1,000 SF
PC Recommendation: No Size Limitation
Eliminate a Maximum Conversion of Parking Spaces for Outdoor Space
Staff Initial Proposal: 50% Max Parking Conversion of existing spaces
PC Recommendation: No Parking Conversion Limitation
Outdoor space shall comply with Building Code, Fire Code, circulation
standards established per Administrative Regulations by Mobility Division.
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Packet Pg. 642 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Planning Commission Recommendation
Proposed Changes to Draft Program
Eliminate Maximum Allowable Size of Outdoor Space
Eliminate a Maximum Conversion of Parking Spaces for Outdoor Space
Consistent with current Temporary Outdoor Space Program
which has no size or parking conversion restrictions;
Allows for greater flexibility/staff to work with businesses on outdoor
spaces workable for the business and overall vehicle circulation safety.
Staff Supports PC Recommendations:
Staff/PC aligned on recommendation and Permanent Program
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Packet Pg. 643 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Outreach | Site Visits
Site Visits
Staff visited all 94 temporary outdoor permit holders
34 of the 94 operators still had outdoor seating or barriers in place
1814 Berkeley St 1210 Montana Ave 2901 Pico Blvd
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Packet Pg. 644 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Outreach | Site Visits
Site Visits
Staff visited all 94 temporary outdoor permit holders
34 of the 94 operators still had outdoor seating or barriers in place
2420 Pico Blvd | Lunetta 1610 Montana Ave | Forma Restaurant
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Packet Pg. 645 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Outreach | Survey
Survey
Staff distributed a survey to 94 existing temporary outdoor permit holders
Received 24 responses.
How is the space used?How often is the space used?
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Packet Pg. 646 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Outreach | Survey
Survey
What is the size of the space?What other amenities are you interested in?
10.C.e
Packet Pg. 647 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Outreach | Survey
Survey
Existing Size Delta Desired Size
300-600 square feet / 2-4 parking spaces N/A
300-600 square feet / 2-4 parking spaces =300-600 square feet / 2-4 parking spaces
300-600 square feet / 2-4 parking spaces =300-600 square feet / 2-4 parking spaces
300-600 square feet / 2-4 parking spaces =300-600 square feet / 2-4 parking spaces
300-600 square feet / 2-4 parking spaces <600-1,000 square feet / 4-6 parking space
600-1,000 square feet / 4-6 parking space =600-1,000 square feet / 4-6 parking space
600-1,000 square feet / 4-6 parking space =600-1,000 square feet / 4-6 parking space
600-1,000 square feet / 4-6 parking space <1,000-1,600 square feet / 6-10 parking spaces
600-1,000 square feet / 4-6 parking space <1,000-1,600 square feet / 6-10 parking spaces
1,000-1,600 square feet / 6-10 parking spaces >300-600 square feet / 2-4 parking spaces
1,000-1,600 square feet / 6-10 parking spaces =1,000-1,600 square feet / 6-10 parking spaces
1,000-1,600 square feet / 6-10 parking spaces =1,000-1,600 square feet / 6-10 parking spaces
1,000-1,600 square feet / 6-10 parking spaces =1,000-1,600 square feet / 6-10 parking spaces
1,000-1,600 square feet / 6-10 parking spaces <1,600+ square feet / 10 parking spaces
1,600+ square feet / 10 parking spaces =1,600+ square feet / 10 parking spaces
1,600+ square feet / 10 parking spaces =1,600+ square feet / 10 parking spaces
1,600+ square feet / 10 parking spaces =1,600+ square feet / 10 parking spaces
1,600+ square feet / 10 parking spaces =1,600+ square feet / 10 parking spaces
1,600+ square feet / 10 parking spaces =1,600+ square feet / 10 parking spaces
1,600+ square feet / 10 parking spaces =1,600+ square feet / 10 parking spaces
Existing Size Versus Desired Size
Open Ended Comments:
Make permanent program cost efficient and easy;
Outdoor seating is enjoyed by customers;
Better use of off-street parking;
Helps business now and during the pandemic.
10.C.e
Packet Pg. 648 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Evaluation | Interdepartmental Review
Staff Coordination with City Divisions
Building and Safety
Mobility
Resource, Recovery, Recycling (RRR)
Economic Development
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Packet Pg. 649 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Interdepartmental Review | Building and Safety
Building and Safety
Involvement will remain consistent moving forward:
Plan review against building code
Permit issuance for any structural and electrical work.
Standards will reflect the minimum requirements for building and safety: ADA access, barriers, building permits
Administrative Regulations will provide businesses with options for minimal outdoor space design that would avoid a complicated permit review process (based on permit review thresholds).
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Packet Pg. 650 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Interdepartmental Review | Mobility
Mobility
No explicit issues or complaints received related to parking, circulation, or loading with the temporary program
Ordinance and Administrative Regulations developed in coordination with Mobility to address parking, circulation, and loading concerns:
Parking and Loading Operations Plan (PLOP) for any outdoor space impacting loading areas;
Outdoor space where customers or staff cross an alley (public right of way) are to be approved subject to review and additional safety requirements by Mobility.
Prohibit blocking or removing curb cuts and drive aisles used to access active parking areas
Require the closure of excess curb cuts blocked by outdoor areas.
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Packet Pg. 651 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Interdepartmental Review | RRR
Resource, Recovery, Recycling (RRR)
No explicit issues or complaints received related to trash and recycling with the temporary program
RRR staff to continue to review permanent outdoor program applications to ensure refuse operations are not impacted by outdoor proposals (clearance, driveway visibility, refuse storage area access).
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Packet Pg. 652 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Interdepartmental Review | Econ. Development
Economic Development
Initial interest from fitness operators during the temporary outdoor program to operate solely outdoors on underutilized surface parking lots.
Use as proposed would not be a part of or associated with an existing use on the site.
Staff does not recommend including this in the permanent program due to the following:
No recent interest has been expressed by any fitness operators or any other use;
Noise and other impacts may be generated from a use that is exclusively outside on a parking lot;
Unfair advantage over businesses required to operate out of a leased commercial tenant space.
10.C.e
Packet Pg. 653 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Proposed Program
Program Goals:
Promote economic development and business retention
Provide flexibility and ease for businesses
Ensure fire, life and safety issues are addressed
Mitigate impacts to the site and surrounding land uses
(land uses, parking, circulation, noise).
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Packet Pg. 654 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Proposed Program | Land Use Updates
Changes to Permitted Land Uses
Clarify that outdoor space may be located on adjacent surface parking lots currently serving on-site commercial uses.
Temporary Program
Commercial zones only
Located on the same or adjacent parcel
Permitted uses based on the underlying zone, except for auto and liquor stores are prohibited.
Permanent Program
Located on adjacent parking lots that serve the commercial use (residentially or commercially zoned)
Prohibit animal care uses, in addition to existing prohibition on auto uses.
10.C.e
Packet Pg. 655 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Proposed Program | Floor Area and Parking
Outdoor spaces will not be considered floor area, an expansion of use, or require additional parking. Additionally, legal non-conforming uses may participate and not count as an expansion of a non-conforming use
Temporary Program
Floor Area Ratio and Parking requirements were suspended
Permanent Program
Outdoor Spaces are exempt from:
Floor area
Floor area ratio calculations
Parking requirements
Legal non-conforming uses: outdoor spaces not considered expansion of area
10.C.e
Packet Pg. 656 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Allowable Size | Conversion of Parking
No Changes Proposed (per PC Recommendation)
Temporary Program:
No size limitation or limitation on number of parking spaces converted
ADA spaces must be maintained and accessible
All building egress maintained
Permanent Program: No Size/Parking Conversion Limitations
Ensure Safe Circulation, Loading, Refuse Operation Needs
No cap on size & the percentage of parking spaces to be converted (Planning Commission Recommendation)
Outdoor space shall comply with Building Code, Fire Code, circulation standards established per Administrative Regulations by Mobility Division.
Staff to work with businesses on outdoor spaces to ensure vehicle circulation/patron safety, loading efficiency, refuse operations.
10.C.e
Packet Pg. 657 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Proposed Program | Location Requirements
Change: Added setback from abutting residential uses
Temporary Program:
Surface parking lots, common open areas (courtyards, rooftops)
No setback requirements when adjacent to residential uses
Permanent Program:
Same locations
15-foot setback from property line abutting residential uses
Clear of driveways/aisles used to access parking, ADA spaces, loading, refuse
Location subject to Mobility review to ensure adequate overall circulation/safety
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Packet Pg. 658 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Decks, Canopies, Structures, Heaters, ADA
Change: Prohibits use of Temporary Tents/Canopies as Permanent Fixtures
Temporary Program:
Permit Thresholds for decks, temporary canopies, structures, heaters
ADA access and building egress to be maintained
Permanent Program:
Same Permit Thresholds and ADA requirements
Prohibits the use of temporary tents/canopies as permanent fixtures
Allow use of temporary tents/canopies during winter seasons on temporary basis
Helps to address safety wind-load concerns with temporary tents/canopies
Helps to encourage businesses to invest in permanent materials/design quality
Established in Administrative Regulations
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Packet Pg. 659 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Change: Establishes operating hours for Restaurants and Fitness, includes use of televisions or screen projectors as prohibited speaker amplification
Temporary Program:
Currently based on business’ operating hours prior to Pandemic
Currently Outdoor spaces are subject to the Noise Ordinance
Speaker amplification is prohibited
Permanent Program:
Establish operating hours for Restaurants and Fitness/Training
Restaurants:8am-11pm
Fitness/Training:7am-7pm
Minimizes potential noise impacts to surrounding uses (residential)
Clarifies that televisions and screen projectors prohibited in outdoor space
Hours of Operation | Noise
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Packet Pg. 660 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Temporary Program:
Restaurant required to obtain all required alcohol permits from
City and ABC
Permanent Program:
No Changes Proposed
Applicants will be required to amend their alcohol entitlements to include the outdoor area, or apply for a new alcohol exemption if the operator does not currently have an alcohol entitlement.
Proposed Program | Alcohol Permits
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Packet Pg. 661 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Continue to update existing Administrative Regulations
Temporary Program:
Established Administrative Regulations include standards and requirements for Temporary Outdoor Space Program
Permanent Program:
Update Administrative Regulations including but not limited to:
Building and Fire Code requirements
Mobility clearances, PLOP
Design Standards for decks, barriers, shading devices, lighting, furniture, signage
Parking Lot Circulation
Administrative Regulations
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Packet Pg. 662 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Exemptions from Size, Location, Hours of Operations, Conversion of Parking Spaces
Temporary Program:
Allows conversion of areas not a part of the primary Pier deck access way.
Permanent Program:
Exempts the following requirements:
Max Size
Location
Hours of Operations
Conversion of Parking Spaces
Santa Monica Pier
10.C.e
Packet Pg. 663 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Allow non-conforming commercial uses to participate in Program
Temporary Program:
Underlying zoning determines eligible uses
Permanent Program:
Existing businesses considered legal non-conforming uses would be eligible for the Program
Outdoor Space would not be considered an expansion of a non-conforming use (prohibited uses or those non-conforming due to lack of Planning Entitlements)
Proposed program standards including size, location, and operating hours would be in place to ensure the compatibility of outdoor activity with nearby uses.
Existing Non-Conforming Uses
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Packet Pg. 664 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
What’s required for existing permit holders to transition into the Permanent Program?
Permit Renewals Through March 31, 2024
Renewal Application and submittal of plans (fees waived) by October 31, 2023
Plans to reflect permitted outdoor space
Ensure outdoor spaces have required Building and Fire permits
Renewal of Existing Outdoor Spaces not subject to new standards
Existing permit holders seeking intensifications to their outdoor space subject to new
permit and standards
Wastewater Fees: 3-year payment plan for restaurant permit renewals.
New Applications:
Subject to Zoning Conformance Review/application fees
Subject to Program Requirements
Application Process | Permit Renewals 10.C.e
Packet Pg. 665 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Steps for Business Outreach to Existing Permit Holders
Door-to-door to businesses and property owners in the temporary program
Email and phone call follow-ups
Digital outreach coordinated with the Communications Team
Coordination with Economic Development Divisions, Business Improvement Districts, and Chamber of Commerce.
Existing Permit Holders | Business Outreach
10.C.e
Packet Pg. 666 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Establishment of new Section 9.31.199
Chapter 9.31 Standards for Specific Uses and Activities amended to include new
section
Proposed Revised Language to “Definitions” and “Permitted Uses”
Consistency with Zoning Ordinance:
9.04.080 Determining Floor Area
9.04.090 FAR Determining Floor Area Ratio
9.27.050 Legal Non-Conforming Uses
9.28.040(A)(4) Calculating Off-Street Parking and Loading Spaces
9.31.200 Outdoor Dining and Seating
SMMC 9.31.199 |Outdoor Commercial Uses on Private Property
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Packet Pg. 667 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Other Changes Related to Emergency Response and Economic Recovery:
Other Provisions Set to Expire with IZO 2724 (no longer in State of Emergency)
Public Safety Facilities and Emergency Shelters in all Districts
Drive-Through facilities for COVID testing and vaccinations
Temporary Use Permits up to 6-months without a Minor Use Permit
Off-Site Alcohol Sales for Restaurants
Codify Extension of Permit Timeframes to ZO: IZO 2698
Additional 2-year extension for Planning Entitlements active as of 3/13/20 -12/31/22
Timeframe to request time extension changed to any time prior to 30 days of expiration
Memorializes timeframe extensions for future reference
Other Zoning and Land Use Changes
10.C.e
Packet Pg. 668 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Council Focus
Whether the proposed Program provides adequate flexibility
in support of business retention and new business.
Whether the proposed Program standards are adequate in
ensuring neighborhood compatibility.
Other recommendations to the Program for consideration.
10.C.e
Packet Pg. 669 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Recommendation
Amendments are consistent with LUCE Policies:
(LU-9) Adapt to changing conditions and to support small businesses
(Goal E1) Create economic base that satisfies the commercial needs of the City’s residents while providing employment opportunities and a strong fiscal infrastructure for the City
1.Council Adoption of Permanent Outdoor Space Program &
Memorialize the 2-Year Permit Extension in Zoning Ordinance
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Packet Pg. 670 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
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Packet Pg. 671 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Proposed Program | AB 2097
Minimum Parking Requirements Eliminated for Residential and Commercial Development Within ½ Mile of a Major Transit Stop
Includes a majority of Commercial Boulevards in the City, except for
Ocean Park Boulevard, Pico Boulevard, and Montana Avenue.
No parking requirement expands the relaxed parking standards
implemented through AB 2097 to all Commercial Boulevards.
In the spirit of economic development and business retention,
no additional parking required for new outdoor space,
No parking concerns expressed during Pandemic (businesses or residents)
10.C.e
Packet Pg. 672 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop
Proposed Program | AB 2097
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Packet Pg. 673 Attachment: PowerPoint Presentation (5356 : Use of Outdoor Space on Private Prop