SR 05-09-2023 10C
City Council
Report
City Council Meeting: May 9, 2023
Agenda Item: 10.C
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and Adoption of Emergency Interim Zoning Ordinance and
Introduction and First Reading of Ordinance Amending the Text of the Santa
Monica Municipal Code to Confirm the Applicability of Certain Zoning and
Health and Safety Regulations to Wireless Facilities Subject to Santa Monica
Municipal Code Chapter 9.32, Personal Wireless Service Facilities
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15303 (New
Construction or Conversion of Small Structures) and 15061(b)(3) (Common
Sense Exemption) of the California Environmental Quality Act (CEQA)
Guidelines.
2. Introduce and adopt an Emergency Interim Zoning Ordinance to extend interim
zoning regulations to confirm the applicability of certain zoning and health and
safety regulations to wireless facilities subject to Santa Monica Municipal Code
Chapter 9.32, Personal Wireless Service Facilities.
3. Introduce for first reading an Ordinance amending the text of the Santa Monica
Municipal Code to confirm the applicability of certain zoning and health and
safety regulations to wireless facilities subject to Santa Monica Municipal Code
Chapter 9.32, Personal Wireless Service Facilities.
Summary
The City’s existing land use regulations contain an unintended conflict with federal law
applicable to a special category of antennas. Federal law limits or preempts local
regulations applicable to certain wireless facilities, including, but not limited to, personal
wireless service facilities and “over-the-air reception devices” (“OTARDs”). Personal
wireless service facilities are facilities for the provision of personal wireless services and
are generally infrastructure deployed by cellular network providers. Although commonly
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associated with satellite television services, OTARDs also include antennas that provide
fixed wireless broadband Internet.
In 2018, the City amended the Zoning Ordinance, specifically Chapter 9.32, Personal
Wireless Service Facilities, with the express intent of limiting regulation of personal
wireless service facilities to the provisions of Chapter 9.32 and exempting OTARDs
from the zoning process for consistency with Federal law. However, the Zoning
Ordinance’s regulations for “communications facilities”, which existed prior to the 2018
amendments, could be misconstrued to regulate personal wireless service facilities and
OTARDs in violation of federal law. In addition, staff is aware of at leas t one instance
where building permits were not obtained prior to installation of an OTARD, which
required code enforcement action to remedy.
On March 14, 2023, to avoid ambiguity in the City’s code and to mitigate the current and
immediate threat to public health, safety, and welfare caused by unpermitted
installations, Council adopted Emergency Interim Zoning Ordinance 2739 (CCS) (“IZO
2739”), to confirm the City’s intention to limit zoning regulation of personal wireless
service facilities and exempt OTARDs from zoning regulations in accordance with
Federal law while expressly requiring compliance with applicable public health and
safety regulations. The Emergency Interim Zoning Ordinance is set to expire on May 13,
2023, unless extended.
Staff recommends permanent adoption of the amendments contained in the Emergency
Interim Zoning Ordinance. These amendments would be declarative of existing law,
affirm the policies adopted by the City Council in the Zoning Ordinance, and provide
clear guidance on the applicable permitting requirements and procedures for personal
wireless service facilities and OTARDs to all stakeholders. The City’s regulation of
personal wireless service facilities and OTARDs would not change as a result of the
amendments to the Zoning Ordinance. Staff further recommends adoption of an
Emergency Interim Zoning Ordinance to extend the interim zoning regulations
established by IZO 2739 to allow time for the permanent regulations to become
effective.
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Background
Fixed Wireless, Hub and Relay Antennas
Consumers at fixed locations access broadband Internet services through two basic
types of connections: wireline or wireless. Wireline broadband involves a wired
connection from the Internet service provider (“ISP”) directly to the customer pr emises.
Wireless broadband involves an antenna on the customer premises that sends/receives
to other antennas that connect to the wired Internet network further down the line.
Some wireless ISPs (“WISPs”) rely on “hub and relay” network architecture th at involves
antennas at a fixed location that receive Internet traffic and distribute it to multiple
customer locations. Commonly located on rooftops in commercial and/or densely
populated environments, these hub-and-relay systems allow WISPs to place more
transmitters and receivers within smaller coverage areas to increase capacity on the
network by recycling frequencies more frequently. To encourage competition in the
broadband marketplace, the Federal Communications Commission (“FCC”) recently
adopted rules that exempt qualifying fixed wireless hub and relay antennas from local
regulation.
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Federal Regulations Applicable to OTARDs
The FCC “prohibits laws, regulations, or restrictions imposed by State or local
governments or private entities that impair the ability of antenna users to install,
maintain, or use [OTARDs].”1 OTARDs include fixed wireless antennas (including hub
and relay antennas) that receive or transmit fixed wireless signals.2 Fixed wireless
signals are “any commercial non-broadcast communications signals transmitted via
wireless technology to and/or from a fixed customer location.”3
To qualify as an OTARD, a fixed wireless antenna must be: (1) less that one meter in
diameter or diagonal measurement; (2) installed “on property within the exclusive use or
control of the antenna user where the user has a direct or an indirect ownership or
leasehold interest”; (3) used to serve the customer on whose premises the antenna is
located; and (4) used to provide broadband-only services.4
State and local restrictions on OTARD deployments are prohibited if they: (1)
unreasonably delay or prevent OTARD use; (2) unreasonably increase OTARD cost; or
(3) preclude a person from receiving or transmitting an acceptable quality signal.5
According to the FCC’s rules, traditional zoning procedural requirements, such as prior
approval by local zoning boards, amount to unreasonable delay or prevention.6
The OTARD rule provides two exceptions related to building and safety regulations and
historic preservation. Local restrictions may be permitted if related to a “clearly defined,
legitimate safety objective that is either stated in the text, preamble, or legislative history
1 In re Updating the Commission’s Rule for Over-the-Air-Reception Devices, Report and Order,
WT Docket No. 19-71, 36 FCC Rcd 537, 537-36 at ¶ 2 (Jan. 7, 2021) [hereinafter “2021 OTARD
Order”].
2 47 C.F.R. § 1.4000(a)(1)(ii)(A).
3 Id. § 1.4000(a)(2).
4 2021 OTARD Order at ¶ 9.
5 Id. § 1.4000(a).
6 See In re Preemption of Local Zoning Regulation of Satellite Earth Stations and
Implementation of Section 207 of the Telecommunications Act of 1996, Report and Order,
Memorandum Opinion and Order, and Further Notice of Proposed Rulemaking, IB Docket No.
95-59, CS Docket No. 96-83, 11 FCC Rcd 19276, at ¶ 17 (Aug. 5, 1996).
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. . . .”7 Generalized safety concerns without a clear purpose or specific guidance for
compliance are not sufficient to avoid federal preemption.8 However, to the extent that
fixed wireless hub and relay antennas emit radio frequencies, OTARDs are also subject
to compliance with FCC safety regulations for human exposure to radio frequency.9
Additionally, local restrictions may be permitted to the extent necessary to preserve
locations included in or eligible for inclusion on the National Register of Historic
Places.10 To satisfy either exemption, the regulation must be applied similarly to
comparable devices and can be no more burdensome than necessary to achieve the
safety or historic preservation objective.11 These exemptions are construed narrowly
and the burden is on the local agency to justify that the exemption applies.12
Santa Monica Municipal Code
On August 28, 2018, the City Council adopted Ordinance No. 2583 (the “2018
Ordinance”) which amended Santa Monica Municipal Code Chapter 9.32, Personal
Wireless Service Facilities, to update the City’s regulations applicable to wireless
facilities. These regulations primarily apply to the infrastructure deployed by cellular
network providers for compliance with changes in federal and state laws.
Consistent with federal regulations, the 2018 Ordinance limits regulation of personal
wireless facilities to the provisions of Chapter 9.32 and further expressly exempts
OTARD antennas from the minor use permit requirements in Chapter 9.32. See SMMC
§ 9.32.030(B). The intent of the OTARD exemption was to avoid a conflict with federal
regulations that prohibit local discretionary zoning permits for qualifying OTARDs. As a
7 47 C.F.R. § 1.4000(b)(1).
8 In re Star Lambert and Satellite Broadcasting and Communications Association of America,
Memorandum Opinion and Order, DA97-1554, 12 FCC Rcd 10455, 10464-65 at ¶¶ 34-36 (July
22, 1997) (preempting a local standard that provided “[t]he public health, safety and welfare
interests of the inhabitants of the City of Meade shall at all times be taken into consideration
prior to the issuance of any permit and if any of these interests might be jeopardized by the
issuance of a permit, the Building Official shall clearly define to the applicant his/her reasons for
the failure to issue a permit.”).
9 2021 OTARD Order at ¶ 34.
10 47 C.F.R. § 1.4000(b)(2).
11 Id. § 1.4000(b).
12 Id. § 1.4000(g).
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clear expression of the City’s intent, Section 3 of the 2018 Ordinance further provides
that “[a]ny provision of the Santa Monica 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.” In other words, any provision of the Santa Monica
Municipal Code that purports to require a discretionary zoning decision for OTARD
antennas was repealed by the 2018 Ordinance.
However, as explained in more detail below, the Zoning Ordinance’s regulations for the
use classification for “communications facilities”, which were in place prior to the 2018
Ordinance, could be misconstrued to include OTARDs.
The same interpretive problem with respect to the use classification for “communication
facilities” arises with respect to personal wireless service facilities regulated exclusively
under Chapter 9.32. Although Chapter 9.32 generally prohibits traditional cell towers in
residential zones, the use classifications and land use tables, which make reference to
communication facilities, including the subclassification of antenna and transmission
towers, could cause readers to misconstrue the prohibition as extending to additional
zoning districts that the City Council did not prohibit in 2018 Ordinance. Therefore,
because the 2018 Ordinance did not include text amendments to relate d provisions in
the land-use tables and use classifications that were affected by the changes to Chapter
9.32, the City’s requirements are potentially confusing and should be clarified.
Emergency Interim Zoning Ordinance
On March 14, 2023, Council adopted Emergency Interim Zoning Ordinance 2739 (CCS)
to confirm the City’s intention to limit zoning regulation of personal wireless service
facilities and exempt OTARDs from zoning regulations in accordance with Federal law
while expressly requiring compliance with applicable public health and safety
regulations. The Emergency Interim Zoning Ordinance is set to expire on May 13, 2023,
unless extended.
Planning Commission Recommendation
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On April 12, 2023, the Planning Commission unanimously adopted Resolution Number
23-009 (PCS) recommending to the City Council that the City Council adopt an
Ordinance amending the text of the Zoning Ordinance to confirm the applicability of
certain zoning and health and safety regulations to wireless facilities subject to Santa
Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities.
Past Council Actions
Meeting Date Description
08/28/18
(attachment A)
Adoption of Ordinance Repealing and Replacing in its Entirety the
Text of Santa Monica Municipal Code Chapter 9.32 Pertaining to
Personal Wireless Service Facilities
03/14/23
(attachment B)
Introduction and adoption of an Emergency Interim Zoning
Ordinance to Confirm the Applicability of Certain Zoning and
Health and Safety Regulations to Wireless Facilities Subject to
Santa Monica Municipal Code Chapter 9.32, Personal Wireless
Service Facilities
Discussion
The primary conflict between the City’s intended regulation of personal wireless service
facilities and exemption of OTARDs with other land use regulations involves the City’s
use classification for “communication facilities”. Under SMMC § 9.51.030(D)(4),
“communication facilities” are a type of non-residential use that include facilities for the
provision of broadcasting and other information relay services through the use of
electronic and telephonic mechanism. Given that fixed wireless OTARDs could be
construed to provide information relay services through electronic mechanisms,
applicants, planners and the public could mistakenly conclude that OTARDs are
included in the use classification for communications facilities. The potential for
confusion is exacerbated by the fact that the language in the 2018 Ordinance that
clearly states that the provisions in Chapter 9.32 supersede all inconsistent provisions
elsewhere in the code is uncodified—thus requiring the reader to know that uncodified
provisions may govern potential conflicts between provisions adopted at different times
and also where to find those uncodified provisions.
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The tension between federal law and local law arises because the City is required by
federal law to avoid prohibiting or effectively prohibiting personal wireless service
facilities. Further, Federal law requires the City to permit OTARDs in all zones. With
respect to OTARDs, under the City’s Zoning Ordinance, uses not listed in the City’s land
use tables are prohibited by local law. For example, communication facilities are not
listed in the use table for single-unit residential districts and are therefore prohibited.
See e.g., SMMC § 9.07.020, Table 9.07.020. Accordingly, to the extent that
communication facilities are construed to include OTARDs, the City’s land use
regulations would violate federal law by prohibiting OTARD antennas in single -unit
residential zones. With respect to personal wireless service facilities, the City adopted
procedures set forth in Chapter 9.32 that prohibit facilities in residential zones unless
required by Federal law to make an exception. But to the extent communication facilities
are construed to include personal wireless service facilities, the City’s land use
regulations may prohibit or effectively prohibit facilities across a broader category of
zoning districts that is inconsistent with Federal law.
To comply with federal law applicable to personal wireless service facilities and
OTARDs, the proposed text amendments to the Zoning Ordinance are intended to
eliminate the ambiguity by clarifying that personal wireless service facilities are
exclusively regulated under Chapter 9.32 and that OTARD antennas are not subject to
Article 9 (Planning and Zoning). OTARD antennas are expressly subject to building and
safety review pursuant to Article 8 (Building Regulations). This would address the
current and immediate threat to public health, safety and welfare p osed by unpermitted
facilities by providing clear guidance on the applicable permits and procedures for
OTARD antennas. To further promote public health and safety, OTARDs that transmit
radiofrequencies would continue to be subject to SMMC § 8.08.030(k) that authorizes
the City to require testing as evidence of compliance with applicable codes and
standards, including without limitation all applicable FCC standards for radio frequency
emissions. The City’s review authority, consistent with Federal law, would not be altered
in any way as a result of the proposed extension of the Emergency IZO or of the
proposed Zoning Ordinance text amendments.
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Staff recommends extension of the Emergency IZO for four months until September 13,
2023. The proposed extension would allow Council the opportunity to adopt the
proposed Ordinance amending the text of the Municipal Code to confirm the
applicability of certain zoning and health and safety regulations to wireless facilities
subject to Santa Monica Municipal Code Chapte r 9.32, Personal Wireless Service
Facilities.
Zoning Text Amendment Findings
1. The amendments to the text of the Zoning Ordinance are consistent with the
General Plan and any applicable Specific Plans in that the proposed amendments are
declarative of existing law, affirm the existing policies in the Zoning Ordinance, and
provide clear guidance on the applicable permitting requirements and procedures for
personal wireless service facilities and “over-the-air reception devices” (“OTARDs”) to
all stakeholders. The amendments will not change the regulation of personal wireless
service facilities and OTARDs.
2. The amendments to the text of the Zoning Ordinance are consistent with the
purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner
and to promote and protect the public health, safety, and general welfare in that the
amendments will confirm the City’s intention to limit zoning regulation of personal
wireless service facilities and exempt and OTARDs from zoning regulations in
accordance with Federal law while expressly requiring compliance with applicable public
health and safety regulations.
Environmental Review
The text amendments that address personal wireless service facilities and OTARDs are
exempt from CEQA pursuant to Section 15303 New Construction or Conversion of
Small Facilities, of the State CEQA Guidelines. Section 15303 (Class 3) exempts the
installation of wireless communications equipment at multiple locations. (See Aptos
Residents Association v. County of Santa Cruz (2018) 20 Cal.App.5th 1039; Robinson v.
City and County of San Francisco (2012) 208 Cal.App.4th 950; San Francisco Beautiful
v. City and County of San Francisco (2014) 226 Cal.App.4th 1012; Don’t Cell Our Parks
v. City of San Diego, (2018) 21 Cal.App 5th 338. Personal wireless service facilities
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consist of the “construction and location of limited numbers of new, small facilities or
structures, or the “installation of small new equipment and facilities in small structures”
within the meaning of the Class 3 exemption. The text amendments that address
OTARDs are exempt from CEQA pursuant to CEQA Guidelines Section 15268
Ministerial Projects. The approval of OTARDs involves a non-discretionary review
process and the issuance of building permits, which are p resumed to be ministerial.
Additionally, the text amendments that address OTARDs and personal wireless service
facilities are also exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3)
Review for Exemptions – Common Sense Rule. It can be seen with certainty that the
adoption of the text amendments will not have a significant effect on the environment
because it will not allow for the development of any new or expanded facilities anywhere
other than where they were previously allowed under existin g local law. Therefore, the
text amendments to permit OTARDs and personal wireless service facilities are
categorically exempt from CEQA.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By: Tony Kim, Principal Planner
Approved
Forwarded to Council
Attachments:
A. City Council Meeting - August 28, 2018 (Web Link)
B. City Council Meeting - March 14, 2023 (Web Link)
C. CDD--IZO re Wireless Facilities Ext 050923
D. CDD--ZO Amendments re Wireless Facilities 050923
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E. PowerPoint Presentation
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City Council Meeting: May 9, 2023 Santa Monica, California
ORDINANCE NUMBER _____ (CCS)
(City Council Series)
AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA EXTENDING INTERIM ZONING REGULATIONS TO
CONFIRM THE APPLICABILITY OF CERTAIN ZONING AND HEALTH AND SAFETY
REGULATIONS TO WIRELESS FACILITIES SUBJECT TO SANTA MONICA
MUNICIPAL CODE CHAPTER 9.32
WHEREAS, Federal law limits or preempts local regulations applicable to certain
wireless facilities, including, but not limited to, personal wireless service facilities and
“over-the-air reception devices” (“OTARDs”); and
WHEREAS, personal wireless service facilities are facilities for the provision of
personal wireless services and are generally infrastructure deployed by cellular network
providers, and, although commonly associated with satellite television services, OTARDs
also include antennas that provide fixed wireless broadband Internet; and
WHEREAS, on August 28, 2018, the City Council adopted Ordinance No. 2583
(the “2018 Ordinance”) which amended Santa Monica Municipal Code Chapter 9.32,
Personal Wireless Service Facilities, to update the City’s regulations applicable to
wireless facilities for consistency with State and Federal law; and
WHEREAS, consistent with Federal regulations, the 2018 Ordinance limits
regulation of personal wireless facilities to the provisions of Chapter 9.32 and further
expressly exempts OTARD antennas from the minor use permit requirements in Chapter
9.32; and
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WHEREAS, the intent of the OTARD exemption was to avoid a conflict with
Federal regulations that prohibit local discretionary zoning permits for qualifying OTARDs;
and
WHEREAS, the Zoning Ordinance’s regulations for “communications facilities”,
which existed prior to the adoption of Ordinance 2583, could be misconstrued to regulate
personal wireless service facilities and OTARDs in violation of Federal law; and
WHEREAS, in addition, staff is aware of at least one instance where building
permits were not obtained prior to installation of an OTARD, which required code
enforcement action to remedy; and
WHEREAS, on March 14, 2023, the City Council adopted emergency Interim
Zoning Ordinance Number 2739 (CCS) (“IZO 2739”), which established interim zoning
regulations amending the City’s Zoning Ordinance to immediately confirm the City’s
intention to limit zoning regulation of personal wireless service facilities and exempt and
OTARDs from zoning regulations in accordance with Federal law while expressly
requiring compliance with applicable public health and safety regulations; and
WHEREAS, on March 15, 2023, the Planning Commission adopted Resolution
Number 23-008 (PCS), declaring its intention to consider recommending to the City
Council that the City Council amend the text of the Zoning Ordinance to confirm the
applicability of certain zoning and health and safety regulations to wireless facilities
subject to Santa Monica Municipal Code Chapter 9.32; and
WHEREAS, on April 12, 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 23-009
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(PCS), recommending that the City Council amend the text of the Zoning Ordinance
based on the following findings:
1. The proposed amendments to the text of the Zoning
Ordinance are consistent with the General Plan and any applicable Specific
Plans in that the proposed amendments are declarative of existing law,
affirm the existing policies in the Zoning Ordinance, and provide clear
guidance on the applicable permitting requirements and procedures for
personal wireless service facilities and “over-the-air reception devices”
(“OTARDs”) to all stakeholders. The proposed amendments will not change
the regulation of personal wireless service facilities and OTARDs.
2. The proposed amendments to the text of the Zoning
Ordinance are consistent with the purpose of the Zoning Ordinance to
promote the growth of the City in an orderly manner and to promote and
protect the public health, safety, and general welfare in that the
amendments will confirm the City’s intention to limit zoning regulation of
personal wireless service facilities and exempt and OTARDs from zoning
regulations in accordance with Federal law while expressly requiring
compliance with applicable public health and safety regulations.
WHEREAS, on May 9, 2023, concurrently with consideration of this Emergency
Interim Zoning Ordinance, the City Council conducted a duly noticed public hearing to
consider the Planning Commission’s recommendation and proposed amendments to the
text of the Zoning Ordinance; and
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WHEREAS, the City Council desires to extend the interim zoning regulations
established by IZO 2739 to allow time for the amendments to the text of the Zoning
Ordinance that are being considered concurrently herewith to become effective; and
WHEREAS, a current and immediate threat to the public health, safety and welfare
continues to exist due to potential for unpermitted installations resulting from ambiguity in
the City’s Zoning Ordinance.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Notwithstanding anything to the contrary in Santa Monica Municipal
Code Section 9.13.020, that Section shall hereby read as follows:
9.13.020 Land Use Regulations
Table 9.13.020 prescribes the land use regulations for the Employment Districts. The
regulations for each district are established by letter designations below. These
designations apply strictly to the permissibility of land uses; applications for buildings or
structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with
specific limitations listed at the end of the table.
“MUP” designates use classifications that are permitted after review and approval of a
Minor Use Permit.
“CUP” designates use classifications that are permitted after review and approval of a
Conditional Use Permit.
“—” designates uses that are not permitted.
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Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the Santa
Monica Municipal code (“Zoning Ordinance”). Use classifications and sub-classifications
not listed in the table are prohibited. Accessory uses are permissible when they are
determined by the Zoning Administrator to be necessary and customarily associated with
and appropriate, incidental, and subordinate to, the principal uses and which are
consistent and not more disturbing or disruptive than permitted uses. The table also notes
additional use regulations that apply to various uses. Section numbers in the right-hand
column refer to other Sections of this Ordinance.
TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS
Use Classification IC OC HMU Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.
Single Unit Dwelling – – P
Accessory Dwelling Unit – – P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit – – P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Structure – – P
Senior Citizen Multiple-Unit Residential – – P
Single-Room Occupancy Housing – – P
Congregate Housing L (1) L (1) P
Senior Group Residential CUP CUP P Section 9.31.310, Senior Group
Residential
Elderly and Long-Term Care – P P
Emergency Shelters L (2)/CUP L (2)/CUP L (2)/CUP Section 9.31.130, Emergency
Shelters
Family Day Care See sub-classifications below.
Small P P P
Large P P P Section 9.31.140, Family Day Care,
Large
Residential Facilities See sub-classifications below.
Residential Care, Limited P P P Section 9.31.270, Residential Care
Facilities
Residential Care, Senior P P P
Hospice, Limited P P P
Supportive Housing P P P
Transitional Housing P P P
Public and Semi-Public Uses
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TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS
Use Classification IC OC HMU Additional Regulations
Adult Day Care MUP P P
Child Care and Early Education Facilities MUP P P Section 9.31.120, Child Care and
Early Education Facilities
Colleges and Trade Schools, Public or Private – CUP –
Community Assembly CUP CUP CUP
Community Gardens P P P
Cultural Facility – – CUP
Hospitals and Clinics – – P
Park and Recreation Facilities, Public P P P
Public Safety Facilities MUP MUP P
Schools, Public or Private L (3)/CUP L (3)/CUP P
Social Service Centers MUP MUP P Section 9.31.350, Social Service
Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.
Kennels CUP – –
Pet Day Care Services MUP – –
Veterinary Services P – –
Automobile/Vehicle Sales and Service See sub-classifications below.
Alternative Fuels and Recharging
Facilities L (5)/CUP CUP –
Automobile Rental L (4) P – Section 9.31.050, Automobile
Rental
Automobile Storage Use CUP CUP –
Automobile/Vehicle Sales and Leasing CUP CUP –
Section 9.31.070,
Automobile/Vehicle Sales, Leasing,
and Storage
Automobile/Vehicle Repair, Major L (5)/CUP – –
Section 9.31.060,
Automobile/Vehicle Repair, Major
and Minor
Automobile/Vehicle Service and Repair,
Minor L (5)/CUP – –
Section 9.31.060,
Automobile/Vehicle Repair, Major
and Minor
Automobile/Vehicle Washing CUP – – Section 9.31.080,
Automobile/Vehicle Washing
Large Vehicle and Equipment Sales,
Service, and Rental CUP – –
Service Station L (5)/CUP CUP – Section 9.31.320, Service Stations
Towing and Impound L (5)/CUP – –
Banks and Financial Institutions See sub-classifications below.
Banks and Credit Unions – L (6) CUP
Business Services P L (6) P
Commercial Entertainment and Recreation See sub-classifications below.
Cinemas – – –
Theaters L (7)/CUP – –
Convention and Conference Centers – CUP –
Small-Scale Facility L (8)/CUP MUP (6) CUP Section 9.31.340, Small-Scale
Facility, Game Arcades
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TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS
Use Classification IC OC HMU Additional Regulations
Eating and Drinking Establishments See sub-classifications below.
Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (2,500 SF and
smaller)
P P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (2,501 – 5,000 SF)
P P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (Greater than 5,000
SF)
– CUP (6) P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Food Hall (up to 175 seats) CUP CUP CUP
Equipment Rental P – P
Food and Beverage Sales See sub-classifications below.
Convenience Markets L (6) L (6) P
Farmers Markets CUP – –
Funeral Parlor and Mortuary – – CUP
Live-Work L (14) CUP L (14) Section 9.31.170, Live-Work
Offices See sub-classifications below.
Business and Professional L (9) P P
Creative P P –
Medical and Dental – P P
Walk-In Clientele L (10) L (6) L (10)
Parking, Public or Private CUP CUP CUP
Personal Services See sub-classifications below.
General Personal Services – L (6) P
Personal Services, Physical Training – L (6) CUP
Retail Sales See sub-classifications below.
Building Materials Sales and Services P – – Section 9.31.220, Outdoor Retail
Display and Sales
Firearms and Ammunition Sales – – –
General Retail Sales, Small-Scale CUP (11) MUP (6) P Section 9.31.220, Outdoor Retail
Display and Sales
Medical Marijuana Dispensaries – – CUP Section 9.31.185, Medical
Marijuana Dispensaries
Industrial Uses
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TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS
Use Classification IC OC HMU Additional Regulations
Artist’s Studio P P P
Commercial Kitchens P – –
Industry, General P CUP (12) –
Research and Development P CUP (12) P
Industry, Limited P CUP (12) –
Media Production P P –
Recycling Facility See sub-classifications below.
Recycling Collection Facility P – –
Recycling Processing Facility P – –
Warehousing, Storage, and Distribution See sub-classifications below.
Indoor Warehousing and Storage P – –
Outdoor Storage CUP (13) – –
Personal Storage P CUP – Section 9.31.240, Personal Storage
Wholesaling and Distribution P – –
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P
City Bikeshare Facility P P P
Communication Facilities See sub-classifications below.
Antennas and Transmission Towers CUP – CUP Chapter 9.32, Telecommunication
Facilities
Facilities within Buildings CUP P CUP
Light Fleet-Based Services CUP – –
Utilities See sub-classifications below.
Utilities, Major P P –
Utilities, Minor P P P
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TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS
Use Classification IC OC HMU Additional Regulations
Specific Limitations:
(1) Limited to 100% affordable housing projects. For senior citizen multiple-unit residential projects in the Office Campus District
that are not 100% affordable approval of a Conditional Use Permit is required.
(2) Homeless shelters with less than 55 beds are permitted by right. Homeless shelters with 55 beds or more may be permitted
with application for and approval of a Conditional Use Permit.
(3) Permitted if existing. New uses require approval of a Conditional Use Permit.
(4) Limited to accessory automobile rental facilities located within automobile/vehicle repair use.
(5) Permitted if located 100 ft. or more from any residential use or district. Conditional Use Permit required if located within 100
ft. of a residential use or district.
(6) Conditionally permitted as businesses that provide goods and services to employees on the premises. No more than 25% of
the total square footage of a development may be devoted to such businesses.
(7) Limited to theaters with 99 seats or less and 10,000 sq. ft. or less. Larger theaters require a Conditional Use Permit.
(8) Exercise facilities (e.g., yoga, Pilates, martial arts, and dance studios) permitted by right. Other small-scale commercial
recreation uses require a Conditional Use Permit.
(9) Permitted if existing or accessory to a primary permitted use on the same site and not exceeding 25 percent of the gross
floor area of the primary permitted use.
(10) Permitted if existing. New uses are not permitted.
(11) Limited to retail sales of goods manufactured on the premises provided that the floor space devoted to such use does not
exceed 20% of the gross floor area of the primary permitted use or 2,000 sq. ft., whichever is less.
(12) Such uses must be conducted within an enclosed building or an open enclosure screened from public view. In order to
approve a Conditional Use Permit, the review authority must make a finding that proposed uses are compatible with office
and advanced technological uses.
(13) Limited to outdoor storage of fleet vehicles if such vehicles are directly related to the primary operation on the site.
(14) If the commercial use requires a MUP or CUP, an application shall be required in accordance with Chapter 9.41. Even if the
commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design
of the Live-Work unit, there would be the potential for adverse health impacts from the proposed use on the people residing
in the unit. An example of a potential health impact is the potential for food contamination from uses that generate airborne
particulates in a unit with an unenclosed kitchen.
SECTION 2. Notwithstanding anything to the contrary in Santa Monica Municipal
Code Section 9.32.030, that Section shall hereby read as follows:
A. Applicable Facilities. This Chapter applies to all personal wireless service facilities
within the City and all applications and requests for approval to construct, install, modify,
collocate, relocate or otherwise deploy personal wireless service facilities in the City,
unless exempted pursuant to subsection B of this Section.
B. Exempt Facilities. Notwithstanding subsection subection A of this Section, the
provisions in this Chapter shall not be applicable to the facilities listed in this subsection
B. The exemption from provisions in this Chapter shall not exempt the same facilities from
the provisions and building permit requirements in Article 8 (Building Regulations).:
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1. Facilities installed in the public right-of-way governed by Chapter 7.70
(Public Right-of-Way Wireless Communication Facilities) of this Code;
2. Amateur radio facilities;
3. OTARD antennas;
4. Personal wireless service facilities installed completely indoors and not
visible to the public intended to extend signals for personal wireless services in a personal
residence or a business (such as a femtocell or indoor distributed antenna system); and
5. Personal wireless service facilities or equipment owned and operated by
CPUC-regulated electric companies for use in connection with electrical power
generation, transmission and distribution facilities subject to CPUC General Order 131-
D.
C. Requests for Approval Pursuant to Section 6409(a). Any request to collocate,
replace or remove transmission equipment at an existing tower or base station submitted
with a written request for approval under Section 6409(a) shall be processed
administratively pursuant to the standards and procedures established by the Director, in
accordance with Federal law.
SECTION 3. Notwithstanding anything to the contrary in Santa Monica Municipal
Code Section 9.51.030, that Section shall hereby read as follows:
9.51.030 Nonresidential Use Classifications
A. Public and Semi-Public Use Classifications.
1. Adult Day Care. Establishments providing non-medical care for persons 18
years of age or older on a less than 24-hour basis licensed by the State of California.
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2. Cemetery. Establishments primarily engaged in operating sites or
structures reserved for the interment of human or animal remains, including mausoleums,
burial places, and memorial gardens.
3. Child Care and Early Education Facility. Establishments providing non-
medical care for persons less than 18 years of age on a less than 24-hour basis other
than family day care (small and large). This classification includes commercial and
nonprofit nursery schools, preschools, day care facilities for children, and any other day
care facility licensed by the State of California. See Division 3, Section 9.31.120, Child
Care and Early Education Facilities, for further details.
4. College and Trade School. Institutions of higher education providing
curricula of a general, religious or professional nature, typically granting recognized
degrees, including conference centers and academic retreats associated with such
institutions. This classification includes junior colleges, business and computer schools,
management training, technical and trade schools, but excludes personal instructional
services such as music lessons.
5. Community Assembly. A facility for public or private meetings including
community centers, banquet centers, religious assembly facilities, civic auditoriums,
union halls, meeting halls for clubs and other membership organizations. This
classification includes functionally related facilities for the use of members and attendees
such as kitchens, multi-purpose rooms, and storage. It does not include gymnasiums or
other sports facilities, convention centers, or facilities, such as day care centers and
schools that are separately classified and regulated. See Division 3, Section 9.31.100,
Community Assembly, for further details.
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6. Community Garden. An area of land managed and maintained by a public
or non-profit organization or a group of individuals to grow and harvest food crops and/or
ornamental crops, such as flowers, for personal or group use, consumption, or donation.
Community gardens may be divided into separate plots for cultivation by 1 or more
individuals or may be farmed collectively by members of the group and may include
common areas maintained and used by group members. Community gardens may be
accessory to public or institutional uses such as parks, schools, community centers, or
religious assembly uses. This classification does not include gardens that are on a
property in residential use when access is limited to those who reside on the property.
Community gardens do not include medical marijuana collectives.
7. Cultural Facility. Facilities engaged in activities to serve and promote
aesthetic and educational interest in the community that are open to the public on a
regular basis. This classification includes performing arts centers for theater, music,
dance, and events; spaces for display or preservation of objects of interest in the arts or
sciences; libraries; museums; historical sites; aquariums; art galleries; and zoos and
botanical gardens. It does not include schools or institutions of higher education providing
curricula of a general nature.
8. Hospitals and Clinics. State-licensed public, private, and non-profit
facilities providing medical, surgical, mental health, or emergency medical services. This
classification includes facilities for inpatient or outpatient treatment, including substance-
abuse programs, as well as training, research, and administrative services for patients
and employees. This classification excludes veterinary services and animal hospitals (see
Animal Care, Sales, and Services).
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a. Hospital. A facility providing medical, surgical, mental health, or
services primarily on an in-patient basis, and including ancillary facilities for
outpatient and emergency treatment, diagnostic services, training, research,
administration, and services to patients, employees, or visitors.
b. Clinic. A facility providing medical, mental health, or surgical services
exclusively on an out-patient basis, including emergency treatment, diagnostic
services, administration, and related services to patients who are not lodged
overnight. Services may be available without a prior appointment. This
classification includes licensed facilities offering substance abuse treatment, blood
banks, plasma, dialysis centers, and emergency medical services offered
exclusively on an out-patient basis. This classification does not include private
medical and dental offices that typically require appointments and are usually
smaller scale (see Offices, Medical and Dental).
9. Park and Recreation Facility. Parks, playgrounds, recreation facilities,
trails, wildlife preserves, and related open spaces, which are open to the general public.
This classification also includes playing fields, courts, gymnasiums, swimming pools,
picnic facilities, tennis courts, golf courses, and botanical gardens, as well as related food
concessions or community centers within the facilities and restrooms within a primary
structure or in an accessory structure on the same site.
10. Public Safety Facility. Facilities providing public-safety and emergency
services, including police and fire protection and emergency medical services, with
incidental storage, training and maintenance facilities.
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11. School. Facilities for primary or secondary education, including public
schools, charter schools, and private and parochial schools.
12. Social Service Center. Facilities providing a variety of supportive services
for disabled and homeless individuals and other targeted groups on a less than 24-hour
basis. Examples of services provided are counseling, meal programs, personal storage
lockers, showers, instructional programs, television rooms, and meeting spaces. This
classification is distinguished from licensed day care centers (see Adult Day Care and
Child Care and Early Education Facility), clinics (see Clinic), and emergency shelters
providing 24-hour or overnight care (see Emergency Shelter).
B. Commercial Use Classifications.
1. Adult-Oriented Business. See Sexually-Oriented Businesses.
2. Animal Care, Sales and Services. Retail sales and services related to the
boarding, grooming, and care of household pets, including:
a. Grooming and Pet Store. Retail sales of animals and/or services,
including grooming, for animals on a commercial basis. Typical uses include dog
bathing and clipping salons, pet grooming shops, and pet stores and shops. This
classification excludes dog walking and similar pet care services not carried out at
a fixed location, and excludes pet supply stores that do not sell animals or provide
on-site animal services (see General Retail Sales).
b. Kennel. A commercial, non-profit, or governmental facility for
keeping, boarding, training, breeding or maintaining 4 or more dogs, cats, or other
household pets not owned by the kennel owner or operator on a 24-hour basis.
This classification includes animal shelters and animal hospitals that provide
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boarding-only services for animals not receiving services on the site but excludes
the provision by shops and hospitals of 24-hour accommodation of animals
receiving medical services on site. This classification also includes kennels that, in
addition to 24-hour accommodation, provide pet care for periods of less than 24
hours but it does not include facilities that provide pet day care exclusively or
predominantly.
c. Pet Day Care Service. A commercial, non-profit, or governmental
facility for keeping 4 or more dogs, cats, or other household pets not owned by the
kennel owner or operator primarily for periods of less than 24 hours.
d. Veterinary Service. Veterinary services for domesticated animals.
This classification allows 24-hour accommodation of animals receiving medical
services but does not include kennels.
3. Automobile/Vehicle Sales and Services. Retail or wholesale businesses
that sell, rent, and/or repair automobiles, boats, recreational vehicles, trucks, vans,
trailers, and motorcycles, including the following:
a. Alternative Fuels and Recharging Facility. A facility offering motor
vehicle fuels not customarily offered by commercial refueling stations (e.g., LPG)
as well as equipment to recharge electric-powered vehicles. This classification
does not include facilities within public garages or other stations that are accessory
to a permitted use.
b. Automobile Rental. Rental of automobiles. Typical uses include car
rental agencies. See Division 3, Section 9.31.050, Automobile Rental, for further
details.
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c. Automobile Storage Parcel. Any property used for short- or long-term
parking of vehicles for sale or lease at an automobile dealership or rental agency
on a separate parcel from such agency or dealership.
d. Automobile/Vehicle Sales and Leasing. Sale or lease, retail or
wholesale, of new or used automobiles, light trucks, motorcycles, motor homes,
and trailers, together with associated repair services and parts sales for vehicles
sold or leased by the manufacturer associated with the dealership. (For auto repair,
see Automobile/Vehicle Service and Repair, Major and Minor.) This classification
includes on-site facilities for maintaining an inventory of vehicles for sale or lease
but excludes buildings and property on a separate site that are used for storing
vehicles (see Automobile Storage Parcel). Typical uses include automobile
dealers and recreational vehicle sales agencies. This classification also includes
minor on-site preparation, washing, buffing, waxing, and detailing of vehicles for
sale or vehicles repaired at the facility. Any outdoor preparation, washing, buffing,
waxing, and detailing of vehicles shall comply with the standards of Section
9.31.080(C), (D), (M), (N), (P), and (Q). This classification does not include
automobile brokerage and other establishments that solely provide services of
arranging, negotiating, assisting, or effectuating the purchase of automobiles for
others. See Division 3, Section 9.31.070, Automobile/Vehicle Sales, Leasing, and
Storage, for further details.
e. Automobile/Vehicle Repair, Major. Repair of automobiles, trucks,
motorcycles, motor homes, boats and recreational vehicles, including the
incidental sale, installation, and servicing of related equipment and parts. This
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classification includes auto repair shops, body and fender shops, transmission
shops, wheel and brake shops, auto glass services, vehicle painting, tire sales and
installation, and installation of car alarms, sound, telecommunications, and
navigation systems, but excludes vehicle dismantling or salvaging and tire
retreading or recapping. See Division 3, Section 9.31.060, Automobile/Vehicle
Repair, Major and Minor, for further details.
f. Automobile/Vehicle Service and Repair, Minor. The service and
repair of automobiles, light-duty trucks, boats, and motorcycles, including the
incidental sale, installation, and servicing of related equipment and parts. This
classification includes the replacement of small automotive parts and liquids as an
accessory use to a gasoline sales station or automotive accessories and supply
store, as well as smog check quick-service oil, tune-up and brake and muffler
shops where repairs are made or service provided in enclosed bays and no
vehicles are stored overnight. This classification excludes disassembly, removal
or replacement of major components such as engines, drive trains, transmissions
or axles; automotive body and fender work, vehicle painting or other operations
that generate excessive noise, objectionable odors or hazardous materials, and
towing services. It also excludes repair of heavy trucks, limousines or construction
vehicles. See Division 3, Section 9.31.060, Automobile/Vehicle Repair, Major and
Minor, for further details.
g. Automobile/Vehicle Washing. Washing, waxing, or cleaning of
automobiles or similar light vehicles, that are the principal use of a building,
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structure, or site, including self-serve washing facilities. See Division 3, Section
9.31.080, Automobile/Vehicle Washing, for further details.
h. Large Vehicle and Equipment Sales, Service, and Rental. Sales,
servicing, rental, fueling, and washing of large trucks, trailers, tractors, and other
equipment used for construction, moving, agricultural, or landscape gardening
activities. Includes large vehicle operation training facilities.
i. Service Station. Establishments primarily engaged in retailing
automotive fuels or retailing these fuels in combination with activities, such as
providing minor automobile/vehicle repair services; selling automotive oils,
replacement parts, and accessories; and/or providing accessory food and retail
services. See Division 3, Section 9.31.320, Service Stations, for further details.
j. Towing and Impound. Establishments primarily engaged in towing
light or heavy motor vehicles, both local and long distance. These establishments
may provide incidental services, such as vehicle storage and emergency road
repair services (for automobile dismantling, see Salvage and Wrecking). This
classification includes parcels used for storage of impounded vehicles.
4. Banks and Financial Institutions.
a. Bank and Credit Union. Financial institutions providing retail banking
services. This classification includes only those institutions engaged in the on-site
circulation of money, including credit unions, but excluding check-cashing
businesses. For administration, headquarters, or other offices of banks and credit
unions without retail banking services/on-site circulation of money (see Offices,
Business and Professional).
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b. Check Cashing Business. Establishments that, for compensation,
engage in the business of cashing checks, warrants, drafts, money orders, or other
commercial paper serving the same purpose. This classification also includes the
business of deferred deposits, whereby the check casher refrains from depositing
a personal check written by a customer until a specific date pursuant to a written
agreement as provided in Civil Code 1789.33. Check Cashing Businesses do not
include State or Federally chartered banks, savings associations, credit unions, or
industrial loan companies. They also do not include retail sellers engaged primarily
in the business of selling consumer goods, such as consumables to retail buyers
that cash checks or issue money orders incidental to their main purpose or
business.
5. Bar. See Eating and Drinking Establishments.
6. Business Service. Establishments providing goods and services to other
businesses on a fee or contract basis, including printing and copying, blueprint services,
mailbox services, equipment rental and leasing, office security, custodial services, film
processing, model building, and delivery services with 2 or fewer fleet vehicles on-site.
(For 3 or more fleet vehicles, see Light Fleet-Based Services.)
7. Commercial Entertainment and Recreation. Provision of participant or
spectator entertainment. This classification may include restaurants, snack bars, and
other incidental food and beverage services to patrons.
a. Cinema. Facilities for indoor display of films and motion pictures.
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b. Theater. Facilities designed and used for entertainment, including
plays, comedy, and music, which typically contain a stage upon which movable
scenery and theatrical appliances or musical instruments and equipment are used.
c. Convention and Conference Centers. Facilities designed and used
for conventions, conferences, seminars, trade shows, product displays, and other
events in which groups gather to promote and share common interests.
Convention centers typically have at least one auditorium and may also contain
concert halls, lecture halls, meeting rooms, and conference rooms, as well as
accessory uses such as facilities for food preparation and serving and
administrative offices. For conference facilities accessory to hotels, see Hotel and
Motel.
d. Large-Scale Facility. This classification includes large outdoor
facilities such as amusement and theme parks, sports stadiums and arenas,
racetracks, amphitheaters, drive-in theaters, driving ranges, and golf courses. It
also includes indoor facilities with 5,000 square feet or more in building area such
as fitness centers, gymnasiums, handball, racquetball, or large tennis club
facilities; ice or roller skating rinks; swimming or wave pools; miniature golf
courses; bowling alleys; archery or indoor shooting ranges; and riding stables.
e. Small-Scale Facility. This classification includes small, generally
indoor facilities that occupy less than 5,000 square feet of building area, such as
billiard parlors, card rooms, game arcades, dance halls, small tennis club facilities,
poolrooms, and amusement arcades.
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f. Fortunetelling. An establishment where a person or persons provide
fortunetelling services and demand or receive, directly or indirectly, a fee or
reward, or accept any donation for the exercise or exhibition of fortunetelling
services, or give an exhibition of fortunetelling services at any place where a fee,
donation or reward is charged or received, directly or indirectly as a condition of
entry. Fortunetelling services shall include, but not be limited to, the telling of
fortunes, forecasting of futures, or furnishing of any information not otherwise
obtainable by the ordinary process of knowledge, by means of any occult or
psychic power, faculty or force, psychic reading, occult reading, clairvoyance,
clairaudience, cartomancy, psychometry, phrenology, spirits, mediumship,
seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, tarot
card readings, tea leaves, telepathy or other craft, art, science, cards, talisman,
charm, potion, magnetism, magnetized article or substance, crystal gazing, or
magic of any kind or nature.
8. Eating and Drinking Establishments. Businesses primarily engaged in
selling and serving prepared food and/or beverages for consumption on or off the
premises.
a. Bar/Night Club/Lounge. Businesses that are licensed by the State to
serve alcoholic beverages, including beer, wine and mixed drinks for consumption
on the premises from a liquor service facility that is physically separate from the
dining area and may be operated during hours when food is not served. See
Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details.
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b. Restaurant, Full-Service. Restaurants providing food and beverage
services to patrons who order and are served while seated and pay after eating.
Takeout service may also be provided. See Division 3, Section 9.31.040, Alcoholic
Beverage Sales, where applicable, for further details.
c. Restaurant, Limited-Service and Take-Out. Establishments where
food and beverages may be consumed on the premises, taken out, or delivered.
This classification includes cafes, cafeterias, coffee shops, delicatessens, fast-
food restaurants, sandwich shops, limited-service pizza parlors, self-service
restaurants, ice cream and frozen yogurt shops, and snack bars with indoor or
outdoor seating for customers. This classification includes bakeries that have
tables for on-site consumption of products. It excludes catering services that do
not sell food or beverages for on-site consumption (see Commercial Kitchen). See
Division 3, Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.280,
Restaurants, Limited Service and Take Out Only, where applicable, for further
details.
d. Food Hall. Establishments consisting of three or more individually-
licensed businesses within an enclosed building where food and beverages may
be consumed on the premises, taken out, or delivered, and may also include small
retail venues. Patrons may be served while seated and pay after eating, or orders
may be made at a walk-up window, counter, machine, or remotely, and payment
made prior to food consumption. Characteristics of food halls include but are not
limited to: shared entrance/lobby areas, compartmentalized spaces for individually
licensed businesses, shared eating areas, shared restrooms, and shared “back of
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house” areas (e.g., storage, dishwashing, food preparation). Each
compartmentalized space may have access to the exterior of the building, along
with outdoor dining and seating areas, which may be shared with other businesses
within the establishment.
e. With Drive-Through Facility. Establishments providing food and
beverage services to patrons remaining in automobiles. Includes drive-up service.
f. With Outdoor Dining and Seating Area. Provision of outdoor dining
facilities on the same property or in the adjacent public right-of-way. See Division
3, Section 9.31.200, Outdoor Dining and Seating, for further details.
9. Equipment Rental. Establishments whose primary activity is the rental of
equipment, such as medical and party equipment, to individuals and business, and whose
activities may include storage and delivery of items to customers.
10. Food and Beverage Sales. Retail sales of food and beverages for off-site
preparation and consumption. Typical uses include food markets, groceries, and liquor
stores.
a. Convenience Market. Retail establishments that sell a limited line of
groceries, prepackaged food items, tobacco, magazines, and other household
goods, primarily for off-premises consumption. These establishments typically
have long or late hours of operation and occupy a relatively small building. This
classification includes small retail stores located on the same parcel as or operated
in conjunction with a Service Station but does not include delicatessens or
specialty food shops. It excludes establishments that offer a sizeable assortment
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of fresh fruits and vegetables or fresh-cut meat (see General Market). See Division
3, Section 9.31.040, Alcoholic Beverage Sales, for further details.
b. Farmers Market. A location where the primary activity is the sale of
agricultural products by producers and certified producers. Sales of ancillary
products may occur at the location. An open air farmers market may only be
operated by a local government agency.
c. General Market. Retail food markets of food and grocery items
primarily for offsite preparation and consumption. Typical uses include
supermarkets and specialty food stores such as retail bakeries; candy, nuts and
confectionary stores; meat or produce markets; vitamin and health food stores;
cheese stores; and delicatessens. This classification may include small-scale
specialty food production with retail sales such as pasta shops. See Division 3,
Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.150, General Markets in
Residential Districts, where applicable, for further details.
d. Liquor Store. Establishments primarily engaged in selling packaged
alcoholic beverages for off-site consumption. See Division 3, Section 9.31.040,
Alcoholic Beverage Sales, for further details.
11. Funeral Parlor and Mortuary. An establishment primarily engaged in the
provision of services involving the care, preparation, or disposition of human remains and
conducting memorial services. Typical uses include a crematory, columbarium,
mausoleum, or mortuary.
12. Home Occupation. A use that is incidental and secondary to the primary
residential use of a dwelling and compatible with surrounding residential uses. These
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uses include business, professional, and creative offices, food production, limited
personal services, and urban agriculture. See Division 3, Section 9.31.160, Home
Occupations for further details.
13. Instructional Services. Establishments that offer specialized programs in
personal growth and development, typically in a classroom setting. Typical uses include
classes or instruction in music, health, athletics, art, or academics. Instructional Services
may include rehearsal studios as an accessory use. This use type excludes Colleges and
Trade Schools and facilities that offer instructional services (see General Personal
Services). This use type also excludes gyms, exercise clubs, or studios offering
performing arts, martial arts, physical exercise, or yoga training and similar types of
instruction. See Personal Services-Physical Training.
14. Live-Work. A unit that combines a work space and incidental residential
space occupied and used by a single household in a structure that has been constructed
for such use or converted from commercial or industrial use and structurally modified to
accommodate residential occupancy and work activity in compliance with the Building
Code. The working space is reserved for and regularly used by 1 or more occupants of
the unit. See Division 3, Section 9.31.170, Live-Work Units, for further details.
15. Lodging. An establishment providing overnight accommodations to
transient patrons who maintain a permanent place of residence elsewhere for payment
for periods of 30 consecutive calendar days or less.
a. Bed and Breakfast. A residential structure that is in residential use in
which the property owner or manager lives on site and within which up to 4
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bedrooms are rented for overnight lodging and where meals may be provided. See
Division 3, Section 9.31.090, Bed and Breakfasts, for further details.
b. Hotel and Motel. An establishment providing temporary lodging to
transient patrons. These establishments may provide additional services, such as
conference and meeting rooms, restaurants, bars, or recreation facilities available
to guests or to the general public. This use classification includes motor lodges,
motels, apartment hotels, hostels and tourist courts, but does not include rooming
houses, boarding houses, or private residential clubs, single-room occupancy
housing, or bed and breakfast establishments within a single-unit residence.
c. Vacation Rental. A property with a dwelling unit or guest house
intended for permanent occupancy that is available for rent or hire for any person
other than the primary owner for transient use for 30 days or less or is otherwise
occupied or utilized on a transient basis for 30 days or less. Vacation rental does
not include a Bed and Breakfast as defined above.
16. Maintenance and Repair Service. Establishments engaged in the
maintenance or repair of office machines, household appliances, furniture, and similar
items. This classification excludes maintenance and repair of motor vehicles or boats (see
Automotive/Vehicle Sales and Services) and personal apparel (see Personal Services).
17. Mobile Food Truck Off-Street Venue. A location where the commercial
vending of food occurs from parked vehicles.
18. Nursery and Garden Center. Establishments primarily engaged in retailing
nursery and garden products—such as trees, shrubs, plants, seeds, bulbs, and sod—that
are predominantly grown elsewhere. These establishments may sell a limited amount of
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a product they grow themselves. Fertilizer and soil products are stored and sold in
packaged form only.
19. Offices. Offices of firms, organizations (for-profit and non-profit), and public
agencies providing professional, executive, management, administrative or design
services, such as accounting, architectural, computer software design, engineering,
graphic design, interior design, investment, insurance, and legal offices, excluding banks
and savings and loan associations with retail banking services (see Banks and Financial
Institutions). This classification also includes offices where medical and dental services
are provided by physicians, dentists, chiropractors, acupuncturists, optometrists, and
similar medical professionals, including medical/dental laboratories within medical office
buildings but excluding clinics or independent research laboratory facilities (see Research
and Development) and hospitals (see Hospital and Clinic).
a. Business and Professional. Offices of firms, organizations, or
agencies providing professional, executive, management, administrative, financial,
accounting, or legal services, but excluding those that primarily provide direct
services to patrons that visit the office (see Offices, Walk-In Clientele).
b. Creative. Offices, production spaces, and work spaces of
establishments that are in the business of the development, publishing, production,
or distribution of creative property, including, but not limited to, advertising,
architectural services, broadcasting, communications, computer software design,
media content, entertainment, engineering, fashion design, film distribution,
graphic design, interior design, internet content, landscape design, photography,
and similar uses.
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c. Medical and Dental. Offices providing consultation, diagnosis,
therapeutic, preventive, or corrective personal treatment services by doctors and
dentists; medical and dental laboratories that see patients; and similar practitioners
of medical and healing arts for humans licensed for such practice by the State of
California. Incidental medical and/or dental research within the office is considered
part of the office use if it supports the on-site patient services.
d. Walk-In Clientele. Offices predominantly providing direct services to
patrons or clients and do not require appointments. This use classification includes
employment agencies, insurance agent offices, real estate offices, travel agencies,
utility company offices, and offices for elected officials. It does not include banks
or check-cashing facilities, which are separately classified and regulated (see
Banks and Financial Institutions).
20. Parking, Public or Private. Structures and surface lots offering parking for
a fee when such use is not incidental to another on-site activity.
21. Personal Service.
a. General Personal Services. Provision of recurrently needed services
of a personal nature. This classification includes barber shops and beauty salons,
seamstresses, tailors, dry cleaning agents (excluding large-scale bulk cleaning
plants), shoe repair shops, self-service laundries, video rental stores,
photocopying and photo finishing services, and travel agencies mainly intended
for the consumer. This classification also includes massage establishments that
are in full compliance with the applicable provisions of Chapter 6.104, Massage
Regulations, of the Santa Monica Municipal Code, and in which all persons
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engaged in the practice of massage are certified pursuant to the California
Business and Professions Code Section 4612. This classification does not include
gyms, exercise clubs, or studios offering performing arts, martial arts, physical
exercise, or yoga training and similar types of instruction. See Division 3, Section
9.31.230, Personal Service, for further details.
b. Personal Services, Physical Training. Gyms, exercise clubs, or
studios less than 5,000 square feet offering martial arts, physical exercise, yoga
training and similar types of instruction to classes and groups. This classification
also includes exclusively youth-serving studios of less than 3,000 square feet
offering performing arts, dance, martial arts, physical exercise, and similar types
of instruction to classes and groups of more than 5 persons.
c. Tattoo or Body Modification Parlor. An establishment whose principal
business activity is one or more of the following: (i) using ink or other substances
that result in the permanent coloration of the skin through the use of needles or
other instruments designed to contact or puncture the skin; or (ii) creation of an
opening in the body of a person for the purpose of inserting jewelry or other
decoration. See Division 3, Section 9.31.230, Personal Service, for further details.
22. Retail Sales.
a. Building Materials and Services. Retail sales or rental of building
supplies or equipment. This classification includes lumberyards, tool and
equipment sales or rental establishments, and includes establishments devoted
principally to taxable retail sales to individuals for their own use. This definition
does not include Construction and Material Yards, hardware stores less than
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10,000 square feet or establishments engaged in the business of selling, leasing,
or otherwise transferring any firearm or ammunitions.
b. General Retail Sales, Small-Scale. The retail sale or rental of
merchandise not specifically listed under another use classification. This
classification includes retail establishments with 25,000 square feet or less of sales
area; including department stores, clothing stores, furniture stores, pet supply
stores, small hardware and garden supply/nurseries stores (with 10,000 square
feet or less of floor area), and businesses retailing goods including, but not limited
to, the following: toys, hobby materials, handcrafted items, jewelry, cameras,
photographic supplies and services (including portraiture and retail photo
processing), medical supplies and equipment, pharmacies, electronic equipment,
sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art
supplies and services, paint and wallpaper, carpeting and floor covering, office
supplies, bicycles, video rental, and new automotive parts and accessories
(excluding vehicle service and installation). Retail sales may be combined with
other services such as office machine, computer, electronics, and similar small-
item repairs. See Division 3, Sections 9.31.210, Outdoor Newsstands, and
9.31.220, Outdoor Retail Display and Sales, where applicable, for further details.
c. General Retail Sales, Medium-Scale. The retail sale or rental of
merchandise not specifically listed under another use classification. This
classification includes retail establishments with more than 25,000 square feet but
not more than 80,000 square feet of sales area.
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d. General Retail Sales, Large-Scale. Retail establishments with over
80,000 square feet of sales area that sell merchandise and bulk goods for
individual consumption, including membership warehouse clubs, where sales of
grocery items do not occupy more than 25 percent of the floor area.
e. Medical Marijuana Dispensary. Any facility, building, structure, or
fixed location where 1 or more qualified patients and/or persons with identification
cards and/or primary caregivers cultivate, distribute, sell, dispense, transmit,
process, exchange, give away, or otherwise make available marijuana for medical
purposes. The terms “primary caregiver,” “qualified patient,” and “person with an
identification card” shall be as defined in California Health and Safety Code Section
11362.5 et seq.
i. A medical marijuana dispensary shall not include the following
uses, as long as the location of such uses are otherwise regulated by
applicable law and as long as any such use complies strictly with applicable
law, including, but not limited to, California Health and Safety Code Section
11362.5 et seq.:
(1) A clinic licensed pursuant to Chapter 1 of Division 2 of
the California Health and Safety Code.
(2) A health care facility licensed pursuant to Chapter 2 of
Division 2 of the California Health and Safety Code.
(3) A residential care facility for persons with chronic life-
threatening illness licensed pursuant to Chapter 3.01 of Division 2 of
the California Health and Safety Code.
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(4) A residential care facility for the elderly licensed
pursuant to Chapter 3.2 of Division 2 of the California Health and
Safety Code.
(5) A residential hospice, or a home health agency
licensed pursuant to Chapter 8 of the California Health and Safety
Code.
ii. A medical marijuana dispensary shall also not include any
dwelling unit where qualified patients or persons with an identification card
permanently reside and collectively or cooperatively cultivate marijuana on-
site for their own personal medical use and does not include the provision,
cultivation, or distribution of medical marijuana at this dwelling unit by
primary caregivers for the personal medical use of the qualified patients or
persons with an identification card who have designated the individual(s) as
a primary caregiver, in accordance with California Health and Safety Code
Sections 11362.5 and 11362.7 et seq.
f. Pawn Shop. Establishments engaged in the buying or selling of new
or secondhand merchandise and offering loans in exchange for personal property.
g. Swap Meet. Any indoor or outdoor place, in an approved location, or
for an approved activity where new or used goods or secondhand personal
property is offered for sale or exchange to the general public by a multitude of
individual licensed vendors, usually in compartmentalized spaces. The term swap
meet is interchangeable with and applicable to: flea markets, auctions, open air
markets, outdoor sales activities, or other similarly named or labeled activities; but
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does not include supermarket or department store retail operations. See Division
3, Sections 9.31.360, Swap Meets, and 9.31.220, Outdoor Retail Display and
Sales, for further details.
23. Restaurants. See Eating and Drinking Establishments.
24. Sexually-Oriented Business. See Chapter 9.59, Sexually-Oriented
Businesses, for details.
C. Industrial Use Classifications.
1. Artist’s Studio. Work space for an artist or artisan, including individuals
practicing 1 of the fine arts or performing arts, or an applied art or craft. This use may
include incidental display and retail sales of items produced on the premises and
instructional space for small groups of students. It does not include joint living and working
units (see Live-Work).
a. Studio-Light. Small-scale art production that is generally of a low
impact. Typical uses include painting, photography, jewelry, glass, textile, and
pottery studios.
b. Studio-Heavy. Art production on a medium or large scale generally
using heavy equipment. Typical uses include large-scale metal and woodworking
studios.
2. Commercial Kitchen. Kitchens used for the preparation of food to be
delivered and consumed off-site. Typical uses include catering facilities. This
classification does not include businesses involved in the processing or manufacturing of
wholesale food products (see Industry, Limited).
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3. Construction and Material Yard. Storage of construction materials or
equipment on a site other than a construction site.
4. Industry, General. Manufacturing of products from extracted or raw
materials or recycled or secondary materials, or bulk storage and handling of such
products and materials. This classification includes operations such as agriculture
processing; biomass energy conversion; production apparel manufacturing; photographic
processing plants; leather and allied product manufacturing; wood product
manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber
products manufacturing; nonmetallic mineral product manufacturing; primary metal
manufacturing; fabricated metal product manufacturing; and automotive and heavy
equipment manufacturing.
5. Industry, Limited. Establishments engaged in light industrial activities
taking place primarily within enclosed buildings and producing minimal impacts on nearby
properties. This classification includes the manufacturing of finished parts or products
primarily from previously prepared materials; commercial laundries and dry cleaning
plants; monument works; printing, engraving, and publishing; sign painting shops;
machine and electrical shops; computer and electronic product manufacturing; furniture
and related product manufacturing; and industrial services. It also includes the
preparation, manufacturing, and/or packaging of food, medicinal cannabis, and medicinal
cannabis products for off-site use or consumption using nonvolatile solvents, or no
solvents. Typical food manufacturing uses include canners, roasters, breweries,
wholesale bakeries, and frozen food manufacturers.
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6. Media Production. Establishments engaged in the production of movies,
video, music and similar forms of intellectual property. Typical facilities include movie and
recording studios and production facilities, distribution facilities, editing facilities, catering
facilities, printing facilities, post-production facilities, set construction facilities, sound
studios, special effects facilities and other entertainment-related production operations.
This classification does not include facilities for live audiences (see Commercial
Entertainment and Recreation) or transmission and receiving equipment for radio or
television broadcasting (see Communication Facility).
a. Support Facility. Administrative and technical production support
facilities such as offices, editing and sound recording studios, film laboratories, and
similar functions that occur entirely within a building.
b. Full-Service Facility. Indoor and outdoor production facilities,
distribution facilities, post-production facilities, set construction facilities, sound
stages, special effects facilities, and other media-related production operations.
7. Recycling Facility. A facility for receiving, temporarily storing, transferring
and/or processing materials for recycling, reuse, or final disposal. This use classification
does not include waste transfer facilities that operate as materials recovery, recycling,
and solid waste transfer operations and are classified as utilities (see Utilities, Major). See
Division 3, Section 9.31.260, Recycling Facilities, for further details.
a. Recycling Collection Facility. An incidental use that serves as a
neighborhood drop-off point for the temporary storage of recyclable materials but
where the processing and sorting of such items is not conducted on-site.
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b. Recycling Processing Facility. A facility that receives, sorts, stores
and/or processes recyclable materials.
8. Research and Development. A facility for scientific research and the
design, development, and testing of electrical, electronic, magnetic, optical,
pharmaceutical, chemical, and biotechnology components and products in advance of
product manufacturing. This classification includes assembly of related products from
parts produced off-site where the manufacturing activity is secondary to the research and
development activities.
9. Salvage and Wrecking. Storage and dismantling of vehicles and
equipment for sale of parts, as well as their collection, storage, exchange or sale of goods,
including, but not limited to any used building materials, used containers or steel drums,
used tires, and similar or related articles or property.
10. Warehousing, Storage, and Distribution. Storage and distribution
facilities without sales to the public on-site or direct public access except for public storage
in small individual space exclusively and directly accessible to a specific tenant.
a. Chemical, Mineral, and Explosives Storage. Storage and handling of
hazardous materials including, but not limited to: bottled gas, chemicals, minerals
and ores, petroleum or petroleum-based fuels, fireworks, and explosives.
b. Indoor Warehousing and Storage. Storage within an enclosed
building of commercial goods prior to their distribution to wholesale and retail
outlets and the storage of industrial equipment, products and materials. This
classification also includes cold storage, draying or freight, moving and storage,
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and warehouses. It excludes the storage of hazardous chemical, mineral, and
explosive materials.
c. Outdoor Storage. Storage of vehicles or commercial goods or
materials in open parcels.
d. Personal Storage. Facilities offering enclosed storage with individual
access for personal effects and household goods, including mini-warehouses and
mini-storage. This use excludes workshops, hobby shops, manufacturing, or
commercial activity.
e. Wholesaling and Distribution. Indoor storage and sale of goods to
other firms for resale; storage of goods for transfer to retail outlets of the same
firm; or storage and sale of materials and supplies used in production or operation,
including janitorial and restaurant supplies. Wholesalers are primarily engaged in
business-to-business sales, but may sell to individual consumers through mail or
internet orders. They normally operate from a warehouse or office having little or
no display of merchandise, and are not designed to solicit walk-in traffic. This
classification does not include wholesale sale of building materials (see Building
Materials and Services).
D. Transportation, Communication, and Utilities Use Classifications.
1. Airports and Heliports. Facilities for the takeoff and landing of airplanes
and helicopters, including runways, helipads, aircraft storage buildings, public terminal
buildings and parking, air freight terminals, baggage handling facilities, aircraft hangar
and public transportation and related facilities, including bus operations, servicing and
storage. This classification also includes support activities such as fueling and
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maintenance, storage, airport operations and air traffic control, incidental retail sales,
coffee shops and snack shops, and airport administrative facilities, including airport
offices, terminals, operations buildings, communications equipment, buildings and
structures, control towers, lights, and other equipment and structures required by the
United States Government and/or the State for the safety of aircraft operations.
2. Bus/Rail Passenger Station. Facilities for passenger transportation
operations. This classification includes rail and bus stations and terminals but does not
include terminals serving airports or heliports. Typical uses include ticket purchasing and
waiting areas out of the public right-of-way, restrooms, and accessory uses such as cafés.
3. City Bikeshare Facility. Land and equipment used for the operation or
maintenance of a network of publicly-owned and publicly-available bicycles in a bikeshare
system in the City of Santa Monica. These facilities may include stations, hubs, parking
facilities, payment/customer service kiosks, map stands, and helmet vending.
4. Communication Facilities. Facilities for the provision of broadcasting and
other information relay services through the use of electronic and telephonic mechanisms.
a. Antenna and Transmission Tower. Broadcasting and other
communication services accomplished through electronic or telephonic
mechanisms, as well as structures designed to support 1 or more reception or
transmission systems. Typical uses include wireless telecommunication towers
and facilities, radio towers, and television towers, telephone exchange/microwave
relay towers, and cellular telephone transmission/personal communications
systems towers. Notwithstanding the foregoing, facilities described in Chapter
9.32, including without limitation personal wireless service facilities and over-the-
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air reception devices (“OTARDs”) shall not be considered Antenna and
Transmission Towers for purposes of this use classification and shall only be
subject to the applicable provisions and permit requirements in See Division 3,
Chapter 9.4132, Telecommunications Personal Wireless Service Facilities, for
further details.
b. Equipment within Buildings. Indoor facilities containing primarily
communication equipment and storage devices such as computer servers.
5. Freight/Truck Terminal and Warehouse. Facilities for freight, courier, and
postal services by truck or rail. This classification does not include local messenger and
local delivery services (see Light Fleet-Based Service).
6. Light Fleet-Based Service. Passenger transportation services, local
delivery services, medical transport, and other businesses that rely on fleets of 3 or more
vehicles with rated capacities less than 10,000 lbs. This classification includes parking,
dispatching, and offices for taxicab and limousine operations, ambulance services, non-
emergency medical transport, local messenger and document delivery services, home
cleaning services, and similar businesses. This classification does not include towing
operations (see Automobile/Vehicle Sales and Service, Towing and Impound) or taxi or
delivery services with 2 or fewer fleet vehicles on-site (see Business Services).
7. Utilities, Major. Generating plants, electric substations, and solid waste
collection, including transfer stations and materials recovery facilities, solid waste
treatment and disposal, water or wastewater treatment plants, and similar facilities of
public agencies or public utilities.
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8. Utilities, Minor. Facilities necessary to support established uses involving
only minor structures, such as electrical distribution lines, and underground water and
sewer lines.
9. Waste Transfer Facility. A facility that operates as a materials recovery,
recycling and solid waste transfer operation providing solid waste recycling and transfer
services for other local jurisdictions and public agencies that are not located within the
City. The facility sorts and removes recyclable materials (including paper, metal, wood,
inert materials such as soils and concrete, green waste, glass, aluminum and cardboard)
through separation and sorting technologies to divert these materials from the waste
stream otherwise destined for landfill.
SECTION 4. Any provision of the Santa Monica Municipal Code or any appendix
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 5. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the official
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newspaper within 15 days after its adoption. This Ordinance shall become effective
immediately upon adoption. Pursuant to Sections 615 and 619 of the City Charter, and
Section 9.46.090 of the Municipal Code, for the reasons stated in the recitals above, the
staff report dated March 14, 2023, the staff report accompanying this ordinance, oral and
written testimony received by the City Council, and City Council discussion, the City
Council declares this ordinance to be necessary as an emergency measure for preserving
the public peace, health, and safety, with the result that this ordinance shall be introduced
and adopted at the same meeting and shall become effective immediately upon its
adoption.
SECTION 5. This Ordinance shall be of no further force or effect as of September
13, 2023, unless it is otherwise extended pursuant to Santa Monica Municipal Code
Section 9.46.090(C).
APPROVED AS TO FORM:
_________________________
DOUGLAS SLOAN
City Attorney
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City Council Meeting: May 9, 2023 Santa Monica, California
ORDINANCE NUMBER _____ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING THE TEXT OF THE ZONING ORDINANCE TO CONFIRM THE
APPLICABILITY OF CERTAIN ZONING AND HEALTH AND SAFETY REGULATIONS
TO WIRELESS FACILITIES SUBJECT TO SANTA MONICA MUNICIPAL CODE
CHAPTER 9.32
WHEREAS, Federal law limits or preempts local regulations applicable to certain
wireless facilities, including, but not limited to, personal wireless service facilities and
“over-the-air reception devices” (“OTARDs”); and
WHEREAS, personal wireless service facilities are facilities for the provision of
personal wireless services and are generally infrastructure deployed by cellular network
providers, and, although commonly associated with satellite television services, OTARDs
also include antennas that provide fixed wireless broadband Internet; and
WHEREAS, on August 28, 2018, the City Council adopted Ordinance No. 2583
(the “2018 Ordinance”) which amended Santa Monica Municipal Code Chapter 9.32,
Personal Wireless Service Facilities, to update the City’s regulations applicable to
wireless facilities for consistency with State and Federal law; and
WHEREAS, consistent with Federal regulations, the 2018 Ordinance limits
regulation of personal wireless facilities to the provisions of Chapter 9.32 and further
expressly exempts OTARD antennas from the minor use permit requirements in Chapter
9.32; and
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WHEREAS, the intent of the OTARD exemption was to avoid a conflict with
Federal regulations that prohibit local discretionary zoning permits for qualifying OTARDs;
and
WHEREAS, the Zoning Ordinance’s regulations for “communications facilities”,
which existed prior to the adoption of Ordinance 2583, could be misconstrued to regulate
personal wireless service facilities and OTARDs in violation of Federal law; and
WHEREAS, in addition, staff is aware of at least one instance where building
permits were not obtained prior to installation of an OTARD, which required code
enforcement action to remedy; and
WHEREAS, on March 14, 2023, the City Council adopted emergency Interim
Zoning Ordinance Number 2739 (CCS), which amended the City’s Zoning Ordinance to
immediately confirm the City’s intention to limit zoning regulation of personal wireless
service facilities and exempt and OTARDs from zoning regulations in accordance with
Federal law while expressly requiring compliance with applicable public health and safety
regulations; and
WHEREAS, on March 15, 2023, the Planning Commission adopted Resolution
Number 23-008 (PCS), declaring its intention to consider recommending to the City
Council that the City Council amend the text of the Zoning Ordinance to confirm the
applicability of certain zoning and health and safety regulations to wireless facilities
subject to Santa Monica Municipal Code Chapter 9.32; and
WHEREAS, on April 12, 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 23-009
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(PCS), recommending that the City Council amend the text of the Zoning Ordinance
based on the following findings:
1. The proposed amendments to the text of the Zoning
Ordinance are consistent with the General Plan and any applicable Specific
Plans in that the proposed amendments are declarative of existing law,
affirm the existing policies in the Zoning Ordinance, and provide clear
guidance on the applicable permitting requirements and procedures for
personal wireless service facilities and “over-the-air reception devices”
(“OTARDs”) to all stakeholders. The proposed amendments will not change
the regulation of personal wireless service facilities and OTARDs.
2. The proposed amendments to the text of the Zoning
Ordinance are consistent with the purpose of the Zoning Ordinance to
promote the growth of the City in an orderly manner and to promote and
protect the public health, safety, and general welfare in that the
amendments will confirm the City’s intention to limit zoning regulation of
personal wireless service facilities and exempt and OTARDs from zoning
regulations in accordance with Federal law while expressly requiring
compliance with applicable public health and safety regulations.
WHEREAS, on May 9, 2023, the City Council conducted a duly noticed public
hearing, and, after considering all oral and written testimony, desires to adopt the
proposed Zoning Ordinance amendments as set forth below.
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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 May 9, 2023, regarding the amendments to the text of
the Zoning Ordinance, the City Council hereby makes the following findings:
1. The amendments to the text of the Zoning Ordinance are
consistent with the General Plan and any applicable Specific Plans in that
the amendments are declarative of existing law, affirm the existing policies
in the Zoning Ordinance, and provide clear guidance on the applicable
permitting requirements and procedures for personal wireless service
facilities and “over-the-air reception devices” (“OTARDs”) to all
stakeholders. The amendments will not change the regulation of personal
wireless service facilities and OTARDs.
2. The amendments to the text of the Zoning Ordinance are
consistent with the purpose of the Zoning Ordinance to promote the growth
of the City in an orderly manner and to promote and protect the public
health, safety, and general welfare in that the amendments will confirm the
City’s intention to limit zoning regulation of personal wireless service
facilities and exempt and OTARDs from zoning regulations in accordance
with Federal law while expressly requiring compliance with applicable public
health and safety regulations.
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SECTION 2. Santa Monica Municipal Code Section 9.13.020 is hereby amended
to read as follows:
9.13.020 Land Use Regulations
Table 9.13.020 prescribes the land use regulations for the Employment Districts. The
regulations for each district are established by letter designations below. These
designations apply strictly to the permissibility of land uses; applications for buildings or
structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with
specific limitations listed at the end of the table.
“MUP” designates use classifications that are permitted after review and approval of a
Minor Use Permit.
“CUP” designates use classifications that are permitted after review and approval of a
Conditional Use Permit.
“—” designates uses that are not permitted.
Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the Santa
Monica Municipal code (“Zoning Ordinance”). Use classifications and sub-classifications
not listed in the table are prohibited. Accessory uses are permissible when they are
determined by the Zoning Administrator to be necessary and customarily associated with
and appropriate, incidental, and subordinate to, the principal uses and which are
consistent and not more disturbing or disruptive than permitted uses. The table also notes
additional use regulations that apply to various uses. Section numbers in the right-hand
column refer to other Sections of this Ordinance.
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TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS
Use Classification IC OC HMU Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.
Single Unit Dwelling – – P
Accessory Dwelling Unit – – P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit – – P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Structure – – P
Senior Citizen Multiple-Unit Residential – – P
Single-Room Occupancy Housing – – P
Congregate Housing L (1) L (1) P
Senior Group Residential CUP CUP P Section 9.31.310, Senior Group
Residential
Elderly and Long-Term Care – P P
Emergency Shelters L (2)/CUP L (2)/CUP L (2)/CUP Section 9.31.130, Emergency
Shelters
Family Day Care See sub-classifications below.
Small P P P
Large P P P Section 9.31.140, Family Day Care,
Large
Residential Facilities See sub-classifications below.
Residential Care, Limited P P P Section 9.31.270, Residential Care
Facilities
Residential Care, Senior P P P
Hospice, Limited P P P
Supportive Housing P P P
Transitional Housing P P P
Public and Semi-Public Uses
Adult Day Care MUP P P
Child Care and Early Education Facilities MUP P P Section 9.31.120, Child Care and
Early Education Facilities
Colleges and Trade Schools, Public or Private – CUP –
Community Assembly CUP CUP CUP
Community Gardens P P P
Cultural Facility – – CUP
Hospitals and Clinics – – P
Park and Recreation Facilities, Public P P P
Public Safety Facilities MUP MUP P
Schools, Public or Private L (3)/CUP L (3)/CUP P
Social Service Centers MUP MUP P Section 9.31.350, Social Service
Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.
Kennels CUP – –
Pet Day Care Services MUP – –
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TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS
Use Classification IC OC HMU Additional Regulations
Veterinary Services P – –
Automobile/Vehicle Sales and Service See sub-classifications below.
Alternative Fuels and Recharging
Facilities L (5)/CUP CUP –
Automobile Rental L (4) P – Section 9.31.050, Automobile
Rental
Automobile Storage Use CUP CUP –
Automobile/Vehicle Sales and Leasing CUP CUP –
Section 9.31.070,
Automobile/Vehicle Sales, Leasing,
and Storage
Automobile/Vehicle Repair, Major L (5)/CUP – –
Section 9.31.060,
Automobile/Vehicle Repair, Major
and Minor
Automobile/Vehicle Service and Repair,
Minor L (5)/CUP – –
Section 9.31.060,
Automobile/Vehicle Repair, Major
and Minor
Automobile/Vehicle Washing CUP – – Section 9.31.080,
Automobile/Vehicle Washing
Large Vehicle and Equipment Sales,
Service, and Rental CUP – –
Service Station L (5)/CUP CUP – Section 9.31.320, Service Stations
Towing and Impound L (5)/CUP – –
Banks and Financial Institutions See sub-classifications below.
Banks and Credit Unions – L (6) CUP
Business Services P L (6) P
Commercial Entertainment and Recreation See sub-classifications below.
Cinemas – – –
Theaters L (7)/CUP – –
Convention and Conference Centers – CUP –
Small-Scale Facility L (8)/CUP MUP (6) CUP Section 9.31.340, Small-Scale
Facility, Game Arcades
Eating and Drinking Establishments See sub-classifications below.
Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (2,500 SF and
smaller)
P P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (2,501 – 5,000 SF)
P P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
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TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS
Use Classification IC OC HMU Additional Regulations
Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (Greater than 5,000
SF)
– CUP (6) P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Food Hall (up to 175 seats) CUP CUP CUP
Equipment Rental P – P
Food and Beverage Sales See sub-classifications below.
Convenience Markets L (6) L (6) P
Farmers Markets CUP – –
Funeral Parlor and Mortuary – – CUP
Live-Work L (14) CUP L (14) Section 9.31.170, Live-Work
Offices See sub-classifications below.
Business and Professional L (9) P P
Creative P P –
Medical and Dental – P P
Walk-In Clientele L (10) L (6) L (10)
Parking, Public or Private CUP CUP CUP
Personal Services See sub-classifications below.
General Personal Services – L (6) P
Personal Services, Physical Training – L (6) CUP
Retail Sales See sub-classifications below.
Building Materials Sales and Services P – – Section 9.31.220, Outdoor Retail
Display and Sales
Firearms and Ammunition Sales – – –
General Retail Sales, Small-Scale CUP (11) MUP (6) P Section 9.31.220, Outdoor Retail
Display and Sales
Medical Marijuana Dispensaries – – CUP Section 9.31.185, Medical
Marijuana Dispensaries
Industrial Uses
Artist’s Studio P P P
Commercial Kitchens P – –
Industry, General P CUP (12) –
Research and Development P CUP (12) P
Industry, Limited P CUP (12) –
Media Production P P –
Recycling Facility See sub-classifications below.
Recycling Collection Facility P – –
Recycling Processing Facility P – –
Warehousing, Storage, and Distribution See sub-classifications below.
Indoor Warehousing and Storage P – –
Outdoor Storage CUP (13) – –
Personal Storage P CUP – Section 9.31.240, Personal Storage
Wholesaling and Distribution P – –
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TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS
Use Classification IC OC HMU Additional Regulations
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P
City Bikeshare Facility P P P
Communication Facilities See sub-classifications below.
Antennas and Transmission Towers CUP – CUP Chapter 9.32, Telecommunication
Facilities
Facilities within Buildings CUP P CUP
Light Fleet-Based Services CUP – –
Utilities See sub-classifications below.
Utilities, Major P P –
Utilities, Minor P P P
Specific Limitations:
(1) Limited to 100% affordable housing projects. For senior citizen multiple-unit residential projects in the Office Campus District
that are not 100% affordable approval of a Conditional Use Permit is required.
(2) Homeless shelters with less than 55 beds are permitted by right. Homeless shelters with 55 beds or more may be permitted
with application for and approval of a Conditional Use Permit.
(3) Permitted if existing. New uses require approval of a Conditional Use Permit.
(4) Limited to accessory automobile rental facilities located within automobile/vehicle repair use.
(5) Permitted if located 100 ft. or more from any residential use or district. Conditional Use Permit required if located within 100
ft. of a residential use or district.
(6) Conditionally permitted as businesses that provide goods and services to employees on the premises. No more than 25% of
the total square footage of a development may be devoted to such businesses.
(7) Limited to theaters with 99 seats or less and 10,000 sq. ft. or less. Larger theaters require a Conditional Use Permit.
(8) Exercise facilities (e.g., yoga, Pilates, martial arts, and dance studios) permitted by right. Other small-scale commercial
recreation uses require a Conditional Use Permit.
(9) Permitted if existing or accessory to a primary permitted use on the same site and not exceeding 25 percent of the gross
floor area of the primary permitted use.
(10) Permitted if existing. New uses are not permitted.
(11) Limited to retail sales of goods manufactured on the premises provided that the floor space devoted to such use does not
exceed 20% of the gross floor area of the primary permitted use or 2,000 sq. ft., whichever is less.
(12) Such uses must be conducted within an enclosed building or an open enclosure screened from public view. In order to
approve a Conditional Use Permit, the review authority must make a finding that proposed uses are compatible with office
and advanced technological uses.
(13) Limited to outdoor storage of fleet vehicles if such vehicles are directly related to the primary operation on the site.
(14) If the commercial use requires a MUP or CUP, an application shall be required in accordance with Chapter 9.41. Even if the
commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design
of the Live-Work unit, there would be the potential for adverse health impacts from the proposed use on the people residing
in the unit. An example of a potential health impact is the potential for food contamination from uses that generate airborne
particulates in a unit with an unenclosed kitchen.
SECTION 3. Santa Monica Municipal Code Section 9.32.030 is hereby amended
to read as follows:
A. Applicable Facilities. This Chapter applies to all personal wireless service facilities
within the City and all applications and requests for approval to construct, install, modify,
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collocate, relocate or otherwise deploy personal wireless service facilities in the City,
unless exempted pursuant to subsection B of this Section.
B. Exempt Facilities. Notwithstanding subsection subection A of this Section, the
provisions in this Chapter shall not be applicable to the facilities listed in this subsection
B. The exemption from provisions in this Chapter shall not exempt the same facilities from
the provisions and building permit requirements in Article 8 (Building Regulations).:
1. Facilities installed in the public right-of-way governed by Chapter 7.70
(Public Right-of-Way Wireless Communication Facilities) of this Code;
2. Amateur radio facilities;
3. OTARD antennas;
4. Personal wireless service facilities installed completely indoors and not
visible to the public intended to extend signals for personal wireless services in a personal
residence or a business (such as a femtocell or indoor distributed antenna system); and
5. Personal wireless service facilities or equipment owned and operated by
CPUC-regulated electric companies for use in connection with electrical power
generation, transmission and distribution facilities subject to CPUC General Order 131-
D.
C. Requests for Approval Pursuant to Section 6409(a). Any request to collocate,
replace or remove transmission equipment at an existing tower or base station submitted
with a written request for approval under Section 6409(a) shall be processed
administratively pursuant to the standards and procedures established by the Director, in
accordance with Federal law.
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SECTION 4. Santa Monica Municipal Code Section 9.51.030 is hereby amended
read as follows:
9.51.030 Nonresidential Use Classifications
A. Public and Semi-Public Use Classifications.
1. Adult Day Care. Establishments providing non-medical care for persons 18
years of age or older on a less than 24-hour basis licensed by the State of California.
2. Cemetery. Establishments primarily engaged in operating sites or
structures reserved for the interment of human or animal remains, including mausoleums,
burial places, and memorial gardens.
3. Child Care and Early Education Facility. Establishments providing non-
medical care for persons less than 18 years of age on a less than 24-hour basis other
than family day care (small and large). This classification includes commercial and
nonprofit nursery schools, preschools, day care facilities for children, and any other day
care facility licensed by the State of California. See Division 3, Section 9.31.120, Child
Care and Early Education Facilities, for further details.
4. College and Trade School. Institutions of higher education providing
curricula of a general, religious or professional nature, typically granting recognized
degrees, including conference centers and academic retreats associated with such
institutions. This classification includes junior colleges, business and computer schools,
management training, technical and trade schools, but excludes personal instructional
services such as music lessons.
5. Community Assembly. A facility for public or private meetings including
community centers, banquet centers, religious assembly facilities, civic auditoriums,
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union halls, meeting halls for clubs and other membership organizations. This
classification includes functionally related facilities for the use of members and attendees
such as kitchens, multi-purpose rooms, and storage. It does not include gymnasiums or
other sports facilities, convention centers, or facilities, such as day care centers and
schools that are separately classified and regulated. See Division 3, Section 9.31.100,
Community Assembly, for further details.
6. Community Garden. An area of land managed and maintained by a public
or non-profit organization or a group of individuals to grow and harvest food crops and/or
ornamental crops, such as flowers, for personal or group use, consumption, or donation.
Community gardens may be divided into separate plots for cultivation by 1 or more
individuals or may be farmed collectively by members of the group and may include
common areas maintained and used by group members. Community gardens may be
accessory to public or institutional uses such as parks, schools, community centers, or
religious assembly uses. This classification does not include gardens that are on a
property in residential use when access is limited to those who reside on the property.
Community gardens do not include medical marijuana collectives.
7. Cultural Facility. Facilities engaged in activities to serve and promote
aesthetic and educational interest in the community that are open to the public on a
regular basis. This classification includes performing arts centers for theater, music,
dance, and events; spaces for display or preservation of objects of interest in the arts or
sciences; libraries; museums; historical sites; aquariums; art galleries; and zoos and
botanical gardens. It does not include schools or institutions of higher education providing
curricula of a general nature.
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8. Hospitals and Clinics. State-licensed public, private, and non-profit
facilities providing medical, surgical, mental health, or emergency medical services. This
classification includes facilities for inpatient or outpatient treatment, including substance-
abuse programs, as well as training, research, and administrative services for patients
and employees. This classification excludes veterinary services and animal hospitals (see
Animal Care, Sales, and Services).
a. Hospital. A facility providing medical, surgical, mental health, or
services primarily on an in-patient basis, and including ancillary facilities for
outpatient and emergency treatment, diagnostic services, training, research,
administration, and services to patients, employees, or visitors.
b. Clinic. A facility providing medical, mental health, or surgical services
exclusively on an out-patient basis, including emergency treatment, diagnostic
services, administration, and related services to patients who are not lodged
overnight. Services may be available without a prior appointment. This
classification includes licensed facilities offering substance abuse treatment, blood
banks, plasma, dialysis centers, and emergency medical services offered
exclusively on an out-patient basis. This classification does not include private
medical and dental offices that typically require appointments and are usually
smaller scale (see Offices, Medical and Dental).
9. Park and Recreation Facility. Parks, playgrounds, recreation facilities,
trails, wildlife preserves, and related open spaces, which are open to the general public.
This classification also includes playing fields, courts, gymnasiums, swimming pools,
picnic facilities, tennis courts, golf courses, and botanical gardens, as well as related food
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concessions or community centers within the facilities and restrooms within a primary
structure or in an accessory structure on the same site.
10. Public Safety Facility. Facilities providing public-safety and emergency
services, including police and fire protection and emergency medical services, with
incidental storage, training and maintenance facilities.
11. School. Facilities for primary or secondary education, including public
schools, charter schools, and private and parochial schools.
12. Social Service Center. Facilities providing a variety of supportive services
for disabled and homeless individuals and other targeted groups on a less than 24-hour
basis. Examples of services provided are counseling, meal programs, personal storage
lockers, showers, instructional programs, television rooms, and meeting spaces. This
classification is distinguished from licensed day care centers (see Adult Day Care and
Child Care and Early Education Facility), clinics (see Clinic), and emergency shelters
providing 24-hour or overnight care (see Emergency Shelter).
B. Commercial Use Classifications.
1. Adult-Oriented Business. See Sexually-Oriented Businesses.
2. Animal Care, Sales and Services. Retail sales and services related to the
boarding, grooming, and care of household pets, including:
a. Grooming and Pet Store. Retail sales of animals and/or services,
including grooming, for animals on a commercial basis. Typical uses include dog
bathing and clipping salons, pet grooming shops, and pet stores and shops. This
classification excludes dog walking and similar pet care services not carried out at
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a fixed location, and excludes pet supply stores that do not sell animals or provide
on-site animal services (see General Retail Sales).
b. Kennel. A commercial, non-profit, or governmental facility for
keeping, boarding, training, breeding or maintaining 4 or more dogs, cats, or other
household pets not owned by the kennel owner or operator on a 24-hour basis.
This classification includes animal shelters and animal hospitals that provide
boarding-only services for animals not receiving services on the site but excludes
the provision by shops and hospitals of 24-hour accommodation of animals
receiving medical services on site. This classification also includes kennels that, in
addition to 24-hour accommodation, provide pet care for periods of less than 24
hours but it does not include facilities that provide pet day care exclusively or
predominantly.
c. Pet Day Care Service. A commercial, non-profit, or governmental
facility for keeping 4 or more dogs, cats, or other household pets not owned by the
kennel owner or operator primarily for periods of less than 24 hours.
d. Veterinary Service. Veterinary services for domesticated animals.
This classification allows 24-hour accommodation of animals receiving medical
services but does not include kennels.
3. Automobile/Vehicle Sales and Services. Retail or wholesale businesses
that sell, rent, and/or repair automobiles, boats, recreational vehicles, trucks, vans,
trailers, and motorcycles, including the following:
a. Alternative Fuels and Recharging Facility. A facility offering motor
vehicle fuels not customarily offered by commercial refueling stations (e.g., LPG)
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as well as equipment to recharge electric-powered vehicles. This classification
does not include facilities within public garages or other stations that are accessory
to a permitted use.
b. Automobile Rental. Rental of automobiles. Typical uses include car
rental agencies. See Division 3, Section 9.31.050, Automobile Rental, for further
details.
c. Automobile Storage Parcel. Any property used for short- or long-term
parking of vehicles for sale or lease at an automobile dealership or rental agency
on a separate parcel from such agency or dealership.
d. Automobile/Vehicle Sales and Leasing. Sale or lease, retail or
wholesale, of new or used automobiles, light trucks, motorcycles, motor homes,
and trailers, together with associated repair services and parts sales for vehicles
sold or leased by the manufacturer associated with the dealership. (For auto repair,
see Automobile/Vehicle Service and Repair, Major and Minor.) This classification
includes on-site facilities for maintaining an inventory of vehicles for sale or lease
but excludes buildings and property on a separate site that are used for storing
vehicles (see Automobile Storage Parcel). Typical uses include automobile
dealers and recreational vehicle sales agencies. This classification also includes
minor on-site preparation, washing, buffing, waxing, and detailing of vehicles for
sale or vehicles repaired at the facility. Any outdoor preparation, washing, buffing,
waxing, and detailing of vehicles shall comply with the standards of Section
9.31.080(C), (D), (M), (N), (P), and (Q). This classification does not include
automobile brokerage and other establishments that solely provide services of
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arranging, negotiating, assisting, or effectuating the purchase of automobiles for
others. See Division 3, Section 9.31.070, Automobile/Vehicle Sales, Leasing, and
Storage, for further details.
e. Automobile/Vehicle Repair, Major. Repair of automobiles, trucks,
motorcycles, motor homes, boats and recreational vehicles, including the
incidental sale, installation, and servicing of related equipment and parts. This
classification includes auto repair shops, body and fender shops, transmission
shops, wheel and brake shops, auto glass services, vehicle painting, tire sales and
installation, and installation of car alarms, sound, telecommunications, and
navigation systems, but excludes vehicle dismantling or salvaging and tire
retreading or recapping. See Division 3, Section 9.31.060, Automobile/Vehicle
Repair, Major and Minor, for further details.
f. Automobile/Vehicle Service and Repair, Minor. The service and
repair of automobiles, light-duty trucks, boats, and motorcycles, including the
incidental sale, installation, and servicing of related equipment and parts. This
classification includes the replacement of small automotive parts and liquids as an
accessory use to a gasoline sales station or automotive accessories and supply
store, as well as smog check quick-service oil, tune-up and brake and muffler
shops where repairs are made or service provided in enclosed bays and no
vehicles are stored overnight. This classification excludes disassembly, removal
or replacement of major components such as engines, drive trains, transmissions
or axles; automotive body and fender work, vehicle painting or other operations
that generate excessive noise, objectionable odors or hazardous materials, and
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towing services. It also excludes repair of heavy trucks, limousines or construction
vehicles. See Division 3, Section 9.31.060, Automobile/Vehicle Repair, Major and
Minor, for further details.
g. Automobile/Vehicle Washing. Washing, waxing, or cleaning of
automobiles or similar light vehicles, that are the principal use of a building,
structure, or site, including self-serve washing facilities. See Division 3, Section
9.31.080, Automobile/Vehicle Washing, for further details.
h. Large Vehicle and Equipment Sales, Service, and Rental. Sales,
servicing, rental, fueling, and washing of large trucks, trailers, tractors, and other
equipment used for construction, moving, agricultural, or landscape gardening
activities. Includes large vehicle operation training facilities.
i. Service Station. Establishments primarily engaged in retailing
automotive fuels or retailing these fuels in combination with activities, such as
providing minor automobile/vehicle repair services; selling automotive oils,
replacement parts, and accessories; and/or providing accessory food and retail
services. See Division 3, Section 9.31.320, Service Stations, for further details.
j. Towing and Impound. Establishments primarily engaged in towing
light or heavy motor vehicles, both local and long distance. These establishments
may provide incidental services, such as vehicle storage and emergency road
repair services (for automobile dismantling, see Salvage and Wrecking). This
classification includes parcels used for storage of impounded vehicles.
4. Banks and Financial Institutions.
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a. Bank and Credit Union. Financial institutions providing retail banking
services. This classification includes only those institutions engaged in the on-site
circulation of money, including credit unions, but excluding check-cashing
businesses. For administration, headquarters, or other offices of banks and credit
unions without retail banking services/on-site circulation of money (see Offices,
Business and Professional).
b. Check Cashing Business. Establishments that, for compensation,
engage in the business of cashing checks, warrants, drafts, money orders, or other
commercial paper serving the same purpose. This classification also includes the
business of deferred deposits, whereby the check casher refrains from depositing
a personal check written by a customer until a specific date pursuant to a written
agreement as provided in Civil Code 1789.33. Check Cashing Businesses do not
include State or Federally chartered banks, savings associations, credit unions, or
industrial loan companies. They also do not include retail sellers engaged primarily
in the business of selling consumer goods, such as consumables to retail buyers
that cash checks or issue money orders incidental to their main purpose or
business.
5. Bar. See Eating and Drinking Establishments.
6. Business Service. Establishments providing goods and services to other
businesses on a fee or contract basis, including printing and copying, blueprint services,
mailbox services, equipment rental and leasing, office security, custodial services, film
processing, model building, and delivery services with 2 or fewer fleet vehicles on-site.
(For 3 or more fleet vehicles, see Light Fleet-Based Services.)
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7. Commercial Entertainment and Recreation. Provision of participant or
spectator entertainment. This classification may include restaurants, snack bars, and
other incidental food and beverage services to patrons.
a. Cinema. Facilities for indoor display of films and motion pictures.
b. Theater. Facilities designed and used for entertainment, including
plays, comedy, and music, which typically contain a stage upon which movable
scenery and theatrical appliances or musical instruments and equipment are used.
c. Convention and Conference Centers. Facilities designed and used
for conventions, conferences, seminars, trade shows, product displays, and other
events in which groups gather to promote and share common interests.
Convention centers typically have at least one auditorium and may also contain
concert halls, lecture halls, meeting rooms, and conference rooms, as well as
accessory uses such as facilities for food preparation and serving and
administrative offices. For conference facilities accessory to hotels, see Hotel and
Motel.
d. Large-Scale Facility. This classification includes large outdoor
facilities such as amusement and theme parks, sports stadiums and arenas,
racetracks, amphitheaters, drive-in theaters, driving ranges, and golf courses. It
also includes indoor facilities with 5,000 square feet or more in building area such
as fitness centers, gymnasiums, handball, racquetball, or large tennis club
facilities; ice or roller skating rinks; swimming or wave pools; miniature golf
courses; bowling alleys; archery or indoor shooting ranges; and riding stables.
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e. Small-Scale Facility. This classification includes small, generally
indoor facilities that occupy less than 5,000 square feet of building area, such as
billiard parlors, card rooms, game arcades, dance halls, small tennis club facilities,
poolrooms, and amusement arcades.
f. Fortunetelling. An establishment where a person or persons provide
fortunetelling services and demand or receive, directly or indirectly, a fee or
reward, or accept any donation for the exercise or exhibition of fortunetelling
services, or give an exhibition of fortunetelling services at any place where a fee,
donation or reward is charged or received, directly or indirectly as a condition of
entry. Fortunetelling services shall include, but not be limited to, the telling of
fortunes, forecasting of futures, or furnishing of any information not otherwise
obtainable by the ordinary process of knowledge, by means of any occult or
psychic power, faculty or force, psychic reading, occult reading, clairvoyance,
clairaudience, cartomancy, psychometry, phrenology, spirits, mediumship,
seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, tarot
card readings, tea leaves, telepathy or other craft, art, science, cards, talisman,
charm, potion, magnetism, magnetized article or substance, crystal gazing, or
magic of any kind or nature.
8. Eating and Drinking Establishments. Businesses primarily engaged in
selling and serving prepared food and/or beverages for consumption on or off the
premises.
a. Bar/Night Club/Lounge. Businesses that are licensed by the State to
serve alcoholic beverages, including beer, wine and mixed drinks for consumption
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on the premises from a liquor service facility that is physically separate from the
dining area and may be operated during hours when food is not served. See
Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details.
b. Restaurant, Full-Service. Restaurants providing food and beverage
services to patrons who order and are served while seated and pay after eating.
Takeout service may also be provided. See Division 3, Section 9.31.040, Alcoholic
Beverage Sales, where applicable, for further details.
c. Restaurant, Limited-Service and Take-Out. Establishments where
food and beverages may be consumed on the premises, taken out, or delivered.
This classification includes cafes, cafeterias, coffee shops, delicatessens, fast-
food restaurants, sandwich shops, limited-service pizza parlors, self-service
restaurants, ice cream and frozen yogurt shops, and snack bars with indoor or
outdoor seating for customers. This classification includes bakeries that have
tables for on-site consumption of products. It excludes catering services that do
not sell food or beverages for on-site consumption (see Commercial Kitchen). See
Division 3, Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.280,
Restaurants, Limited Service and Take Out Only, where applicable, for further
details.
d. Food Hall. Establishments consisting of three or more individually-
licensed businesses within an enclosed building where food and beverages may
be consumed on the premises, taken out, or delivered, and may also include small
retail venues. Patrons may be served while seated and pay after eating, or orders
may be made at a walk-up window, counter, machine, or remotely, and payment
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made prior to food consumption. Characteristics of food halls include but are not
limited to: shared entrance/lobby areas, compartmentalized spaces for individually
licensed businesses, shared eating areas, shared restrooms, and shared “back of
house” areas (e.g., storage, dishwashing, food preparation). Each
compartmentalized space may have access to the exterior of the building, along
with outdoor dining and seating areas, which may be shared with other businesses
within the establishment.
e. With Drive-Through Facility. Establishments providing food and
beverage services to patrons remaining in automobiles. Includes drive-up service.
f. With Outdoor Dining and Seating Area. Provision of outdoor dining
facilities on the same property or in the adjacent public right-of-way. See Division
3, Section 9.31.200, Outdoor Dining and Seating, for further details.
9. Equipment Rental. Establishments whose primary activity is the rental of
equipment, such as medical and party equipment, to individuals and business, and whose
activities may include storage and delivery of items to customers.
10. Food and Beverage Sales. Retail sales of food and beverages for off-site
preparation and consumption. Typical uses include food markets, groceries, and liquor
stores.
a. Convenience Market. Retail establishments that sell a limited line of
groceries, prepackaged food items, tobacco, magazines, and other household
goods, primarily for off-premises consumption. These establishments typically
have long or late hours of operation and occupy a relatively small building. This
classification includes small retail stores located on the same parcel as or operated
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in conjunction with a Service Station but does not include delicatessens or
specialty food shops. It excludes establishments that offer a sizeable assortment
of fresh fruits and vegetables or fresh-cut meat (see General Market). See Division
3, Section 9.31.040, Alcoholic Beverage Sales, for further details.
b. Farmers Market. A location where the primary activity is the sale of
agricultural products by producers and certified producers. Sales of ancillary
products may occur at the location. An open air farmers market may only be
operated by a local government agency.
c. General Market. Retail food markets of food and grocery items
primarily for offsite preparation and consumption. Typical uses include
supermarkets and specialty food stores such as retail bakeries; candy, nuts and
confectionary stores; meat or produce markets; vitamin and health food stores;
cheese stores; and delicatessens. This classification may include small-scale
specialty food production with retail sales such as pasta shops. See Division 3,
Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.150, General Markets in
Residential Districts, where applicable, for further details.
d. Liquor Store. Establishments primarily engaged in selling packaged
alcoholic beverages for off-site consumption. See Division 3, Section 9.31.040,
Alcoholic Beverage Sales, for further details.
11. Funeral Parlor and Mortuary. An establishment primarily engaged in the
provision of services involving the care, preparation, or disposition of human remains and
conducting memorial services. Typical uses include a crematory, columbarium,
mausoleum, or mortuary.
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12. Home Occupation. A use that is incidental and secondary to the primary
residential use of a dwelling and compatible with surrounding residential uses. These
uses include business, professional, and creative offices, food production, limited
personal services, and urban agriculture. See Division 3, Section 9.31.160, Home
Occupations for further details.
13. Instructional Services. Establishments that offer specialized programs in
personal growth and development, typically in a classroom setting. Typical uses include
classes or instruction in music, health, athletics, art, or academics. Instructional Services
may include rehearsal studios as an accessory use. This use type excludes Colleges and
Trade Schools and facilities that offer instructional services (see General Personal
Services). This use type also excludes gyms, exercise clubs, or studios offering
performing arts, martial arts, physical exercise, or yoga training and similar types of
instruction. See Personal Services-Physical Training.
14. Live-Work. A unit that combines a work space and incidental residential
space occupied and used by a single household in a structure that has been constructed
for such use or converted from commercial or industrial use and structurally modified to
accommodate residential occupancy and work activity in compliance with the Building
Code. The working space is reserved for and regularly used by 1 or more occupants of
the unit. See Division 3, Section 9.31.170, Live-Work Units, for further details.
15. Lodging. An establishment providing overnight accommodations to
transient patrons who maintain a permanent place of residence elsewhere for payment
for periods of 30 consecutive calendar days or less.
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a. Bed and Breakfast. A residential structure that is in residential use in
which the property owner or manager lives on site and within which up to 4
bedrooms are rented for overnight lodging and where meals may be provided. See
Division 3, Section 9.31.090, Bed and Breakfasts, for further details.
b. Hotel and Motel. An establishment providing temporary lodging to
transient patrons. These establishments may provide additional services, such as
conference and meeting rooms, restaurants, bars, or recreation facilities available
to guests or to the general public. This use classification includes motor lodges,
motels, apartment hotels, hostels and tourist courts, but does not include rooming
houses, boarding houses, or private residential clubs, single-room occupancy
housing, or bed and breakfast establishments within a single-unit residence.
c. Vacation Rental. A property with a dwelling unit or guest house
intended for permanent occupancy that is available for rent or hire for any person
other than the primary owner for transient use for 30 days or less or is otherwise
occupied or utilized on a transient basis for 30 days or less. Vacation rental does
not include a Bed and Breakfast as defined above.
16. Maintenance and Repair Service. Establishments engaged in the
maintenance or repair of office machines, household appliances, furniture, and similar
items. This classification excludes maintenance and repair of motor vehicles or boats (see
Automotive/Vehicle Sales and Services) and personal apparel (see Personal Services).
17. Mobile Food Truck Off-Street Venue. A location where the commercial
vending of food occurs from parked vehicles.
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18. Nursery and Garden Center. Establishments primarily engaged in retailing
nursery and garden products—such as trees, shrubs, plants, seeds, bulbs, and sod—that
are predominantly grown elsewhere. These establishments may sell a limited amount of
a product they grow themselves. Fertilizer and soil products are stored and sold in
packaged form only.
19. Offices. Offices of firms, organizations (for-profit and non-profit), and public
agencies providing professional, executive, management, administrative or design
services, such as accounting, architectural, computer software design, engineering,
graphic design, interior design, investment, insurance, and legal offices, excluding banks
and savings and loan associations with retail banking services (see Banks and Financial
Institutions). This classification also includes offices where medical and dental services
are provided by physicians, dentists, chiropractors, acupuncturists, optometrists, and
similar medical professionals, including medical/dental laboratories within medical office
buildings but excluding clinics or independent research laboratory facilities (see Research
and Development) and hospitals (see Hospital and Clinic).
a. Business and Professional. Offices of firms, organizations, or
agencies providing professional, executive, management, administrative, financial,
accounting, or legal services, but excluding those that primarily provide direct
services to patrons that visit the office (see Offices, Walk-In Clientele).
b. Creative. Offices, production spaces, and work spaces of
establishments that are in the business of the development, publishing, production,
or distribution of creative property, including, but not limited to, advertising,
architectural services, broadcasting, communications, computer software design,
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media content, entertainment, engineering, fashion design, film distribution,
graphic design, interior design, internet content, landscape design, photography,
and similar uses.
c. Medical and Dental. Offices providing consultation, diagnosis,
therapeutic, preventive, or corrective personal treatment services by doctors and
dentists; medical and dental laboratories that see patients; and similar practitioners
of medical and healing arts for humans licensed for such practice by the State of
California. Incidental medical and/or dental research within the office is considered
part of the office use if it supports the on-site patient services.
d. Walk-In Clientele. Offices predominantly providing direct services to
patrons or clients and do not require appointments. This use classification includes
employment agencies, insurance agent offices, real estate offices, travel agencies,
utility company offices, and offices for elected officials. It does not include banks
or check-cashing facilities, which are separately classified and regulated (see
Banks and Financial Institutions).
20. Parking, Public or Private. Structures and surface lots offering parking for
a fee when such use is not incidental to another on-site activity.
21. Personal Service.
a. General Personal Services. Provision of recurrently needed services
of a personal nature. This classification includes barber shops and beauty salons,
seamstresses, tailors, dry cleaning agents (excluding large-scale bulk cleaning
plants), shoe repair shops, self-service laundries, video rental stores,
photocopying and photo finishing services, and travel agencies mainly intended
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for the consumer. This classification also includes massage establishments that
are in full compliance with the applicable provisions of Chapter 6.104, Massage
Regulations, of the Santa Monica Municipal Code, and in which all persons
engaged in the practice of massage are certified pursuant to the California
Business and Professions Code Section 4612. This classification does not include
gyms, exercise clubs, or studios offering performing arts, martial arts, physical
exercise, or yoga training and similar types of instruction. See Division 3, Section
9.31.230, Personal Service, for further details.
b. Personal Services, Physical Training. Gyms, exercise clubs, or
studios less than 5,000 square feet offering martial arts, physical exercise, yoga
training and similar types of instruction to classes and groups. This classification
also includes exclusively youth-serving studios of less than 3,000 square feet
offering performing arts, dance, martial arts, physical exercise, and similar types
of instruction to classes and groups of more than 5 persons.
c. Tattoo or Body Modification Parlor. An establishment whose principal
business activity is one or more of the following: (i) using ink or other substances
that result in the permanent coloration of the skin through the use of needles or
other instruments designed to contact or puncture the skin; or (ii) creation of an
opening in the body of a person for the purpose of inserting jewelry or other
decoration. See Division 3, Section 9.31.230, Personal Service, for further details.
22. Retail Sales.
a. Building Materials and Services. Retail sales or rental of building
supplies or equipment. This classification includes lumberyards, tool and
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equipment sales or rental establishments, and includes establishments devoted
principally to taxable retail sales to individuals for their own use. This definition
does not include Construction and Material Yards, hardware stores less than
10,000 square feet or establishments engaged in the business of selling, leasing,
or otherwise transferring any firearm or ammunitions.
b. General Retail Sales, Small-Scale. The retail sale or rental of
merchandise not specifically listed under another use classification. This
classification includes retail establishments with 25,000 square feet or less of sales
area; including department stores, clothing stores, furniture stores, pet supply
stores, small hardware and garden supply/nurseries stores (with 10,000 square
feet or less of floor area), and businesses retailing goods including, but not limited
to, the following: toys, hobby materials, handcrafted items, jewelry, cameras,
photographic supplies and services (including portraiture and retail photo
processing), medical supplies and equipment, pharmacies, electronic equipment,
sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art
supplies and services, paint and wallpaper, carpeting and floor covering, office
supplies, bicycles, video rental, and new automotive parts and accessories
(excluding vehicle service and installation). Retail sales may be combined with
other services such as office machine, computer, electronics, and similar small-
item repairs. See Division 3, Sections 9.31.210, Outdoor Newsstands, and
9.31.220, Outdoor Retail Display and Sales, where applicable, for further details.
c. General Retail Sales, Medium-Scale. The retail sale or rental of
merchandise not specifically listed under another use classification. This
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classification includes retail establishments with more than 25,000 square feet but
not more than 80,000 square feet of sales area.
d. General Retail Sales, Large-Scale. Retail establishments with over
80,000 square feet of sales area that sell merchandise and bulk goods for
individual consumption, including membership warehouse clubs, where sales of
grocery items do not occupy more than 25 percent of the floor area.
e. Medical Marijuana Dispensary. Any facility, building, structure, or
fixed location where 1 or more qualified patients and/or persons with identification
cards and/or primary caregivers cultivate, distribute, sell, dispense, transmit,
process, exchange, give away, or otherwise make available marijuana for medical
purposes. The terms “primary caregiver,” “qualified patient,” and “person with an
identification card” shall be as defined in California Health and Safety Code Section
11362.5 et seq.
i. A medical marijuana dispensary shall not include the following
uses, as long as the location of such uses are otherwise regulated by
applicable law and as long as any such use complies strictly with applicable
law, including, but not limited to, California Health and Safety Code Section
11362.5 et seq.:
(1) A clinic licensed pursuant to Chapter 1 of Division 2 of
the California Health and Safety Code.
(2) A health care facility licensed pursuant to Chapter 2 of
Division 2 of the California Health and Safety Code.
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(3) A residential care facility for persons with chronic life-
threatening illness licensed pursuant to Chapter 3.01 of Division 2 of
the California Health and Safety Code.
(4) A residential care facility for the elderly licensed
pursuant to Chapter 3.2 of Division 2 of the California Health and
Safety Code.
(5) A residential hospice, or a home health agency
licensed pursuant to Chapter 8 of the California Health and Safety
Code.
ii. A medical marijuana dispensary shall also not include any
dwelling unit where qualified patients or persons with an identification card
permanently reside and collectively or cooperatively cultivate marijuana on-
site for their own personal medical use and does not include the provision,
cultivation, or distribution of medical marijuana at this dwelling unit by
primary caregivers for the personal medical use of the qualified patients or
persons with an identification card who have designated the individual(s) as
a primary caregiver, in accordance with California Health and Safety Code
Sections 11362.5 and 11362.7 et seq.
f. Pawn Shop. Establishments engaged in the buying or selling of new
or secondhand merchandise and offering loans in exchange for personal property.
g. Swap Meet. Any indoor or outdoor place, in an approved location, or
for an approved activity where new or used goods or secondhand personal
property is offered for sale or exchange to the general public by a multitude of
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individual licensed vendors, usually in compartmentalized spaces. The term swap
meet is interchangeable with and applicable to: flea markets, auctions, open air
markets, outdoor sales activities, or other similarly named or labeled activities; but
does not include supermarket or department store retail operations. See Division
3, Sections 9.31.360, Swap Meets, and 9.31.220, Outdoor Retail Display and
Sales, for further details.
23. Restaurants. See Eating and Drinking Establishments.
24. Sexually-Oriented Business. See Chapter 9.59, Sexually-Oriented
Businesses, for details
C. Industrial Use Classifications.
1. Artist’s Studio. Work space for an artist or artisan, including individuals
practicing 1 of the fine arts or performing arts, or an applied art or craft. This use may
include incidental display and retail sales of items produced on the premises and
instructional space for small groups of students. It does not include joint living and working
units (see Live-Work).
a. Studio-Light. Small-scale art production that is generally of a low
impact. Typical uses include painting, photography, jewelry, glass, textile, and
pottery studios.
b. Studio-Heavy. Art production on a medium or large scale generally
using heavy equipment. Typical uses include large-scale metal and woodworking
studios.
2. Commercial Kitchen. Kitchens used for the preparation of food to be
delivered and consumed off-site. Typical uses include catering facilities. This
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classification does not include businesses involved in the processing or manufacturing of
wholesale food products (see Industry, Limited).
3. Construction and Material Yard. Storage of construction materials or
equipment on a site other than a construction site.
4. Industry, General. Manufacturing of products from extracted or raw
materials or recycled or secondary materials, or bulk storage and handling of such
products and materials. This classification includes operations such as agriculture
processing; biomass energy conversion; production apparel manufacturing; photographic
processing plants; leather and allied product manufacturing; wood product
manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber
products manufacturing; nonmetallic mineral product manufacturing; primary metal
manufacturing; fabricated metal product manufacturing; and automotive and heavy
equipment manufacturing.
5. Industry, Limited. Establishments engaged in light industrial activities
taking place primarily within enclosed buildings and producing minimal impacts on nearby
properties. This classification includes the manufacturing of finished parts or products
primarily from previously prepared materials; commercial laundries and dry cleaning
plants; monument works; printing, engraving, and publishing; sign painting shops;
machine and electrical shops; computer and electronic product manufacturing; furniture
and related product manufacturing; and industrial services. It also includes the
preparation, manufacturing, and/or packaging of food, medicinal cannabis, and medicinal
cannabis products for off-site use or consumption using nonvolatile solvents, or no
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solvents. Typical food manufacturing uses include canners, roasters, breweries,
wholesale bakeries, and frozen food manufacturers.
6. Media Production. Establishments engaged in the production of movies,
video, music and similar forms of intellectual property. Typical facilities include movie and
recording studios and production facilities, distribution facilities, editing facilities, catering
facilities, printing facilities, post-production facilities, set construction facilities, sound
studios, special effects facilities and other entertainment-related production operations.
This classification does not include facilities for live audiences (see Commercial
Entertainment and Recreation) or transmission and receiving equipment for radio or
television broadcasting (see Communication Facility).
a. Support Facility. Administrative and technical production support
facilities such as offices, editing and sound recording studios, film laboratories, and
similar functions that occur entirely within a building.
b. Full-Service Facility. Indoor and outdoor production facilities,
distribution facilities, post-production facilities, set construction facilities, sound
stages, special effects facilities, and other media-related production operations.
7. Recycling Facility. A facility for receiving, temporarily storing, transferring
and/or processing materials for recycling, reuse, or final disposal. This use classification
does not include waste transfer facilities that operate as materials recovery, recycling,
and solid waste transfer operations and are classified as utilities (see Utilities, Major). See
Division 3, Section 9.31.260, Recycling Facilities, for further details.
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a. Recycling Collection Facility. An incidental use that serves as a
neighborhood drop-off point for the temporary storage of recyclable materials but
where the processing and sorting of such items is not conducted on-site.
b. Recycling Processing Facility. A facility that receives, sorts, stores
and/or processes recyclable materials.
8. Research and Development. A facility for scientific research and the
design, development, and testing of electrical, electronic, magnetic, optical,
pharmaceutical, chemical, and biotechnology components and products in advance of
product manufacturing. This classification includes assembly of related products from
parts produced off-site where the manufacturing activity is secondary to the research and
development activities.
9. Salvage and Wrecking. Storage and dismantling of vehicles and
equipment for sale of parts, as well as their collection, storage, exchange or sale of goods,
including, but not limited to any used building materials, used containers or steel drums,
used tires, and similar or related articles or property.
10. Warehousing, Storage, and Distribution. Storage and distribution
facilities without sales to the public on-site or direct public access except for public storage
in small individual space exclusively and directly accessible to a specific tenant.
a. Chemical, Mineral, and Explosives Storage. Storage and handling of
hazardous materials including, but not limited to: bottled gas, chemicals, minerals
and ores, petroleum or petroleum-based fuels, fireworks, and explosives.
b. Indoor Warehousing and Storage. Storage within an enclosed
building of commercial goods prior to their distribution to wholesale and retail
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outlets and the storage of industrial equipment, products and materials. This
classification also includes cold storage, draying or freight, moving and storage,
and warehouses. It excludes the storage of hazardous chemical, mineral, and
explosive materials.
c. Outdoor Storage. Storage of vehicles or commercial goods or
materials in open parcels.
d. Personal Storage. Facilities offering enclosed storage with individual
access for personal effects and household goods, including mini-warehouses and
mini-storage. This use excludes workshops, hobby shops, manufacturing, or
commercial activity.
e. Wholesaling and Distribution. Indoor storage and sale of goods to
other firms for resale; storage of goods for transfer to retail outlets of the same
firm; or storage and sale of materials and supplies used in production or operation,
including janitorial and restaurant supplies. Wholesalers are primarily engaged in
business-to-business sales, but may sell to individual consumers through mail or
internet orders. They normally operate from a warehouse or office having little or
no display of merchandise, and are not designed to solicit walk-in traffic. This
classification does not include wholesale sale of building materials (see Building
Materials and Services).
D. Transportation, Communication, and Utilities Use Classifications.
1. Airports and Heliports. Facilities for the takeoff and landing of airplanes
and helicopters, including runways, helipads, aircraft storage buildings, public terminal
buildings and parking, air freight terminals, baggage handling facilities, aircraft hangar
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and public transportation and related facilities, including bus operations, servicing and
storage. This classification also includes support activities such as fueling and
maintenance, storage, airport operations and air traffic control, incidental retail sales,
coffee shops and snack shops, and airport administrative facilities, including airport
offices, terminals, operations buildings, communications equipment, buildings and
structures, control towers, lights, and other equipment and structures required by the
United States Government and/or the State for the safety of aircraft operations.
2. Bus/Rail Passenger Station. Facilities for passenger transportation
operations. This classification includes rail and bus stations and terminals but does not
include terminals serving airports or heliports. Typical uses include ticket purchasing and
waiting areas out of the public right-of-way, restrooms, and accessory uses such as cafés.
3. City Bikeshare Facility. Land and equipment used for the operation or
maintenance of a network of publicly-owned and publicly-available bicycles in a bikeshare
system in the City of Santa Monica. These facilities may include stations, hubs, parking
facilities, payment/customer service kiosks, map stands, and helmet vending.
4. Communication Facilities. Facilities for the provision of broadcasting and
other information relay services through the use of electronic and telephonic mechanisms.
a. Antenna and Transmission Tower. Broadcasting and other
communication services accomplished through electronic or telephonic
mechanisms, as well as structures designed to support 1 or more reception or
transmission systems. Typical uses include wireless telecommunication towers
and facilities, radio towers, and television towers, telephone exchange/microwave
relay towers, and cellular telephone transmission/personal communications
10.C.d
Packet Pg. 910 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for
39
systems towers. Notwithstanding the foregoing, facilities described in Chapter
9.32, including without limitation personal wireless service facilities and over-the-
air reception devices (“OTARDs”) shall not be considered Antenna and
Transmission Towers for purposes of this use classification and shall only be
subject to the applicable provisions and permit requirements in See Division 3,
Chapter 9.4132, Telecommunications Personal Wireless Service Facilities, for
further details.
b. Equipment within Buildings. Indoor facilities containing primarily
communication equipment and storage devices such as computer servers.
5. Freight/Truck Terminal and Warehouse. Facilities for freight, courier, and
postal services by truck or rail. This classification does not include local messenger and
local delivery services (see Light Fleet-Based Service).
6. Light Fleet-Based Service. Passenger transportation services, local
delivery services, medical transport, and other businesses that rely on fleets of 3 or more
vehicles with rated capacities less than 10,000 lbs. This classification includes parking,
dispatching, and offices for taxicab and limousine operations, ambulance services, non-
emergency medical transport, local messenger and document delivery services, home
cleaning services, and similar businesses. This classification does not include towing
operations (see Automobile/Vehicle Sales and Service, Towing and Impound) or taxi or
delivery services with 2 or fewer fleet vehicles on-site (see Business Services).
7. Utilities, Major. Generating plants, electric substations, and solid waste
collection, including transfer stations and materials recovery facilities, solid waste
10.C.d
Packet Pg. 911 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for
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treatment and disposal, water or wastewater treatment plants, and similar facilities of
public agencies or public utilities.
8. Utilities, Minor. Facilities necessary to support established uses involving
only minor structures, such as electrical distribution lines, and underground water and
sewer lines.
9. Waste Transfer Facility. A facility that operates as a materials recovery,
recycling and solid waste transfer operation providing solid waste recycling and transfer
services for other local jurisdictions and public agencies that are not located within the
City. The facility sorts and removes recyclable materials (including paper, metal, wood,
inert materials such as soils and concrete, green waste, glass, aluminum and cardboard)
through separation and sorting technologies to divert these materials from the waste
stream otherwise destined for landfill.
SECTION 5. Any provision of the Santa Monica Municipal Code or any appendix
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 6. 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.d
Packet Pg. 912 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for
41
SECTION 7. 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.d
Packet Pg. 913 Attachment: CDD--ZO Amendments re Wireless Facilities 050923 [Revision 1] (5681 : Zoning Ord +IZO Extension forPermit Requirements for
City CouncilItem 10.C
May 9, 2023
10.C.e
Packet Pg. 914 Attachment: PowerPoint Presentation (5681 : Zoning Ord +IZO Extension forPermit
Recommended Action
•Adopt a finding of Categorical Exemption from CEQA
•Introduce and adopt an Emergency Interim Zoning Ordinance to extend interim zoning regulations to confirm the applicability of certain zoning and health and safety regulations to wireless facilities subject to Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities
•Introduce for first reading an Ordinance amending the text of the Santa Monica Municipal Code to confirm the applicability of certain zoning and health and safety regulations to wireless facilities subject to Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities
City Council | 05.09.23 |Item 10.C
10.C.e
Packet Pg. 915 Attachment: PowerPoint Presentation (5681 : Zoning Ord +IZO Extension forPermit
Why this item, and why now?
•FCC largely preempts local regulations for most
types of over-the-air receiving antennas (“OTARD”)
•Current SMMC can be read to require some types
of permits/permitting processes that are federally
preempted by the FCC
•The ordinances tonight resolve the ambiguity,
clarify that the City’s safety code requirements
apply, and allow the City Council to amend the
SMMC
10.C.e
Packet Pg. 916 Attachment: PowerPoint Presentation (5681 : Zoning Ord +IZO Extension forPermit
What are OTARD antennas?
•TV antennas
•Wi-Fi antennas and fixed wireless Internet antennas
•Satellite dish antennas up to 1 meter in diameter
10.C.e
Packet Pg. 917 Attachment: PowerPoint Presentation (5681 : Zoning Ord +IZO Extension forPermit
What are not OTARD antennas?
•Cell towers of any type
•Transmitting AM/FM/TV/two-way radio antennas
•Anything which is not an OTARD-protected antenna
10.C.e
Packet Pg. 918 Attachment: PowerPoint Presentation (5681 : Zoning Ord +IZO Extension forPermit
The FCC OTARD Rules Do Not Prohibit . . .
•Nondiscriminatory, generally applicable safety code
regulations, and
•Nondiscriminatory protection of historical areas…
…but local regulations must be no more burdensome
than required to protect those interests.
10.C.e
Packet Pg. 919 Attachment: PowerPoint Presentation (5681 : Zoning Ord +IZO Extension forPermit
The FCC OTARD Rules do Prohibit . . .
“[a]ny restriction, including but not limited to any
state or local law or regulation, including zoning,
land-use, or building regulations, or any private
covenant , contract provision, lease provision,
homeowners' association rule or similar
restriction, on property within the exclusive use or
control of the antenna user where the user has a
direct or indirect ownership or leasehold interest
in the property that impairs the installation,
maintenance, or use of [OTARDs].”
47 C.F.R. §1.4000(a)(1)
10.C.e
Packet Pg. 920 Attachment: PowerPoint Presentation (5681 : Zoning Ord +IZO Extension forPermit
Tonight’s Ordinances…
1.Makes very minor but necessary immediate
changes to the SMMC to clarify that OTARD
antennas are subject only to construction permits
by the City;
2.Meets the requirements of the FCC’s preemptive
rules;
3.Clarifies the applicability of the SMMC land use
planning table; and
10.C.e
Packet Pg. 921 Attachment: PowerPoint Presentation (5681 : Zoning Ord +IZO Extension forPermit
Recommended Action
•Adopt a finding of Categorical Exemption from CEQA
•Introduce and adopt an Emergency Interim Zoning Ordinance to extend interim zoning regulations to confirm the applicability of certain zoning and health and safety regulations to wireless facilities subject to Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities
•Introduce for first reading an Ordinance amending the text of the Santa Monica Municipal Code to confirm the applicability of certain zoning and health and safety regulations to wireless facilities subject to Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities
City Council | 05.09.23 |Item 10.C
10.C.e
Packet Pg. 922 Attachment: PowerPoint Presentation (5681 : Zoning Ord +IZO Extension forPermit
10.C.e
Packet Pg. 923 Attachment: PowerPoint Presentation (5681 : Zoning Ord +IZO Extension forPermit
Proposed Zoning Amendments
10.C.e
Packet Pg. 924 Attachment: PowerPoint Presentation (5681 : Zoning Ord +IZO Extension forPermit
Proposed Interim Zoning Amendments
10.C.e
Packet Pg. 925 Attachment: PowerPoint Presentation (5681 : Zoning Ord +IZO Extension forPermit
Proposed Interim Zoning Amendments
10.C.e
Packet Pg. 926 Attachment: PowerPoint Presentation (5681 : Zoning Ord +IZO Extension forPermit