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SR 07-25-2023 10B City Council Report City Council Meeting: July 25, 2023 Agenda Item: 10.B 1 of 14 To: Mayor and City Council From: David Martin, Director, Administration Subject: Introduction and First Reading of an Interim Zoning Ordinance to Promote Economic Recovery in the City’s Downtown Districts, including the Third Street Promenade Area, and Provide Other Minor and Clerical Amendments to the Zoning Ordinance Related to Economic Recovery. Recommended Action Staff recommends that the City Council: 1. Adopt a finding of Categorical Exemption pursuant to Sections 15301 (Existing Facilities), 15303 (New Construction or Conversion of Small Structures), and 15304 (Minor Alterations to Land) of the California Environmental Quality Act (CEQA) Guidelines. 2. Introduce for first reading an Interim Zoning Ordinance to promote economic recovery in the City’s Downtown Districts, including the Third Street Promenade Area, and provide other minor and clerical amendments to the Zoning Ordinance related to economic recovery. Summary On January 24, 2023, Council held a discussion requesting that the City develop strategies to revitalize the Third Street Promenade that included but were not limited to, establishing an arts and entertainment district in the 1200 block of the Third Street Promenade, expanding outdoor dining opportunities, promoting available space and development opportunities, Zoning Code amendments to expand allowable uses, and opportunities to partner with Downtown Santa Monica, Inc. on street performers. The subject Interim Zoning Ordinance (“IZO”) includes proposed zoning changes supporting a variety of potential commercial uses within the Downtown. These changes 10.B Packet Pg. 1087 2 of 14 focus on enabling certain outdoor uses and providing a streamlined review for alcohol permits based on recent discussions with prospective businesses considering available tenant space within the Promenade area. In summary, the following proposed zoning changes focus on the Third Street Promenade area 1) allowing greater flexibility for restaurants that provide entertainment within the Third Street Promenade Area District, 2) expanding Alcohol Exemption (AE) permits to additional uses to further streamline the review of alcohol permits while also correcting and refining existing AE permit conditions, 3) allowing the Director of Community Development or designee to consider commercial uses that are not clearly defined in the Zoning Code, 4) allowing a longer term for Temporary Use Permits, and 5) allowing outdoor rooftop commercial uses on public parking structures owned by the City: ▪ Restaurants with Entertainment. Allow greater flexibility for restaurants with entertainment located within the Third Street Promenade Area district by removing certain operational restrictions on ancillary entertainment before a discretionary Conditional Use Permit is required. ▪ Alcohol Exemptions. Expand uses that can obtain an Alcohol Exemption permit to further streamline the review of alcohol permits, establish operational conditions for these added uses, and correct and refine existing operational conditions for restaurants, bars/nightclub, general retail sales, and liquor stores that were approved by Council in October 2022. ▪ Land Use Flexibility. Establish greater land use flexibility by allowing the Director of Community Development or designee to consider land uses that are not clearly defined in the Zoning Code that are similar, consistent with, and no more disruptive than uses that are permitted or conditionally permitted within all Downtown Community Plan Districts. ▪ Temporary Use Permits. Extend the approval term of Temporary Use Permits from 45 days to 180 days (6-months), with the ability to administratively extend the permit an additional 180 days (6 months) with Director approval, subject to findings. ▪ Other Minor and Clerical Amendments related to Economic Recovery. Staff proposes a few other minor and clerical amendments that will correct Zoning 10.B Packet Pg. 1088 3 of 14 Code inconsistencies. These include updating the bar/nightclub/lounge use from being subject to a Conditional Use Permit to a permitted use by-right, adding a limitation to ensure that both bar/nightclub/lounge and liquor store uses are permitted by-right in the Third Street Promenade Area district, provided they obtain an administrative Alcohol Exemption permit. Additionally, a clerical amendment to correct an inconsistency in parking requirement exclusion as part of the recently adopted Outdoor Space Program is proposed. ▪ Outdoor Commercial Uses. Allow certain outdoor commercial uses on the top- level of public parking structures owned by the City, including cinemas, community assembly, community gardens, and small/large-scale commercial entertainment and recreation facilities. Such outdoor uses would be excluded as floor area and Floor Area Ratio requirements, and would not be subject to developer linkage or impact fees. For rooftop cinemas, allow additional height projections of supportive structures including cinema screens, concession stands, restroom and storage facilities, and similar structures to extend above the height of an existing City-owned parking structure. Background Economic Recovery Initiatives On October 11, 2022, Council adopted an Ordinance amending the text of the City’s Zoning Ordinance related to economic recovery in commercial districts Citywide and in the area including and immediately adjacent to the Third Street Promenade. These zoning changes codified Emergency Interim Zoning Ordinances approved in response to the COVID-19 pandemic. Those amendments focused on relaxing barriers that had been shown to create unnecessarily difficult processes for simple changes of use inhibiting the establishment of common neighborhood-serving uses. As part of the amendments, the Third Street Promenade Area District was established and is described as the area bounded by 2nd Street to the west, Broadway to the south, 4th Street to the east, and Wilshire Boulevard to the north, as shown in Figure 1 below. 10.B Packet Pg. 1089 4 of 14 Figure 1: Third Street Promenade Area District Expanding Uses at City-Owned Parking Structures In 2019, staff began discussions on the concept and feasibility of a rooftop cinema on the top level of Parking Structure 2 in the Downtown. Staff considered the displacement of approximately 79 parking spaces to accommodate the rooftop cinema and determined that the reduction in spaces would not be detrimental to the Downtown parking supply. Although structural feasibility remained in question due to the existing condition of Parking Structure 2, the applicant filed for a Conditional Use Permit to initiate the review procedure concurrent with ongoing discussions with staff. The outdoor cinema consisted of two screens and 480 seats. However, the application would later cease due to the pandemic commencing in March 2020. Downtown Santa Monica Inc., city staff, and the Rooftop Cinema Club have reengaged discussions on the concept, instead utilizing Parking Structure 6 that was constructed in 2016 with the anticipation that associated building permits would be more attainable. This IZO focuses on the land use and zoning regulation aspects of the potential project, including zoning amendments allowing the use and the height of its support structures on the roof-level of the parking structure to exceed district height requirements. 10.B Packet Pg. 1090 5 of 14 Discussion The subject Interim Zoning Ordinance reflects staff’s ongoing evaluation and simplification of zoning requirements to provide greater flexibility and streamlined review for new potential businesses within the Downtown area and specifically for the newly established Third Street Promenade Area District. Similar to the October 2022 zoning amendments, the proposed IZO continues the City’s ongoing efforts in supporting new and existing Santa Monica businesses following the pandemic. Below is a summary of the proposed interim zoning changes, with redline changes to the Zoning Ordinance text reflecting such amendments, provided in Attachment A. Greater Flexibility for Restaurants with Entertainment: The following proposed changes support restaurants located in the Third Street Promenade Area District that offer ancillary entertainment with greater operational flexibility before a discretionary Conditional Use Permit is required for the establishment. 1. Restaurants with Entertainment (9.31.290). Existing Section 9.31.290 allows restaurants to have an entertainment component such as music, DJs, dance, stand-up comedy, and poetry readings for the patrons’ enjoyment, provided that the establishment meets certain operational standards. Restaurants operating beyond the scope of the standards/limitations require a Conditional Use Permit. Proposed Changes: Allow greater flexibility for restaurants with entertainment by simplifying and removing certain existing operational restrictions related to providing such entertainment. Changes include the following: a. A dance floor area for patrons would be allowed provided that dancing is ancillary to the restaurant use and sit-down meal service is available for patrons at all times which dancing is taking place. b. Size and number of televisions screen restrictions would be eliminated. c. Provision prohibiting pool tables, video games, bowling, darts, and similar entertainment activities would be eliminated. d. Provision prohibiting liquor bottle service would be eliminated. 10.B Packet Pg. 1091 6 of 14 e. Provision prohibiting organized queuing of patrons at the entry or checking of identification to control entry into and within the establishment, and any age limitation imposed restricting access to any portion of the restaurant would be eliminated. f. Provision prohibiting the organization or participation of organized “pub- crawl” events would be eliminated. g. Restaurants would remain subject to the City’s Noise Ordinance, however would not be subject to requirements applicable to establishments with amplified music such as adding noise mitigating two-door vestibules and double-pane glass storefront improvements. These changes are intended to provide new and existing restaurants with greater flexibility and options to provide ancillary entertainment thereby encouraging a more active nightlife presence within the district. Additional refinements to Alcohol Exemption permit operational conditions for restaurants and bars/nightclubs within the district are also proposed as discussed in the next section. Alcohol Exemption [9.31.040(D)(2)]: Expanded Uses & Updated Operational Conditions The following proposed changes include expanding the types of uses that can obtain an Alcohol Exemption permit. Staff has received inquiries from prospective businesses proposing alcohol service in conjunction with the following permitted uses in the district. Revisions also include establishing operational conditions for new uses and correcting/refining existing conditions for restaurants, bars/nightclubs, general retail sales, and liquor stores recently approved by Council. Proposed Changes: 2. Expanded Uses: The following proposed uses would qualify for an Alcohol Exemption Permit instead of a Conditional Use Permit, thereby streamlining alcohol review. Ordinarily, these uses are not associated with alcohol-related issues. Specific operational conditions would be established for these uses: 10.B Packet Pg. 1092 7 of 14 a. Outdoor Rooftop Commercial Uses including Cinemas, Community Assembly, and Small/Large-Scale Commercial Entertainment and Recreation Facilities located on the top-level of public parking structures owned by the City; b. Cultural Facilities (museums, etc.); c. Instructional Services (art studios, group lessons with wine offerings, etc.); d. Commercial Entertainment/Recreation: Small & Large-Scale Facilities; and e. Convenience Markets. 3. Corrected Operational Conditions: Specific operational conditions for each of the following uses that currently qualify for an Alcohol Exemption permit would be established to provide greater clarity, correcting inconsistencies with the applicability of operational conditions based on each use. No substantive changes to the conditions are proposed and the revised conditions will continue to provide flexibility for each business. a. Restaurants (full service and limited service/take out); b. Bars/Nightclubs/Lounges; c. Food Halls; d. General Retail Sales (small and medium scale); and e. Liquor Stores Land Use Flexibility As prospective tenants develop creative and unique business models particularly during this period of economic recovery, allowing the Director of Community Development or designee to consider uses that are not clearly defined in the Zoning Code that are similar, consistent with, and no more disturbing or disruptive than uses that are permitted or conditionally permitted within the Downtown Community Plan Districts would allow greater flexibility in encouraging new potential businesses to the Downtown. Proposed Changes: 10.B Packet Pg. 1093 8 of 14 4. Section 9.10.040 Land Use Regulations for downtown districts would be amended to include the Director of Community Development or designee with authority in considering uses that are similar, consistent with, and no more disturbing or disruptive than uses that are permitted or conditionally permitted within all Downtown Community Plan districts. Temporary Use Permits (applicable to all commercial zoning districts Citywide) A range of zoning and land-use related changes were made throughout the Pandemic through emergency orders. Interim Zoning Ordinance 2724 which expired on June 30, 2023 included extending the permit timeframe for Temporary Use Permits from 45 days to 180 days (6-months). Extending the temporary use permit period up to 180 days provided flexibility for outdoor temporary uses supportive of economic recovery efforts and consistent with social distancing practices during the pandemic. Examples of prior temporary uses utilizing this provision during the Pandemic included outdoor drive-in theaters, pop-up outdoor retail events, and a dog park. In efforts to maintain Temporary Use Permit flexibility and based on the support this provision provided businesses during the pandemic, staff proposes to reestablish this provision. Currently, Temporary Use Permits for uses permitted pursuant to SMMC 9.31.370(b) of more than 45 days require the approval of a Minor Use Permit. Proposed Changes: 5. Term of Permit for Temporary Use Permits: For uses permitted pursuant to 9.31.370(b) of more than 45 days and not exceeding 180 days (6 months) would be permitted administratively and not require a Minor Use Permit. Subsequently, the Director may administratively approve a single extension of the permit and may amend the permit with additional operational conditions as deemed necessary provided that the operation of the approved temporary use at the location and within the time period specified operated in a manner that did not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare. 10.B Packet Pg. 1094 9 of 14 Other Minor and Clerical Amendments related to Economic Recovery 6. Third Street Promenade Area District: A. Correct Bar/Nightclub/Lounge from CUP to Limitation (26): As part of the Economic Recovery Zoning amendments adopted by Council in October 2022, bar/nightclub/lounge were authorized to obtain an Alcohol Exemption Permit opposed to a discretionary Conditional Use Permit as the intent was to streamline the review of such establishments. However, the CUP requirement in Land Use Table 9.10.040 was not revised accordingly to reflect this change as a permitted use in the district. Proposed Limitation (26) states that a bar/nightclub/lounge is a permitted use, subject to obtaining an Alcohol Exemption Permit, thereby correcting this inconsistency. B. Add Limitation (26) to Liquor Stores: As part of the Economic Recovery Zoning amendments adopted by Council in October 2022, liquor stores were changed to a permitted use no longer requiring a Conditional Use Permit. To provide greater clarity and as discussed, the subject IZO includes alcohol exemption conditions for liquor stores. Similar to bar/nightclub/lounge establishments discussed above, proposed Limitation (26) states that a liquor store is a permitted use, subject to obtaining an Alcohol Exemption Permit, thereby correcting this inconsistency. 7. 9.28.040(A)(5) Parking Exclusions: As part of the Outdoor Space Program adopted by Council on March 14, 2023, the following strikethrough amendment regarding outdoor space being exempt from parking requirements was approved however has been inadvertently omitted by subsequent Ordinance 2742 (Housing Element Implementation Ordinance) which erroneously did not include this prior change in its Ordinance language and the language reverted back to the original text. This will be corrected as follows: Outdoor dining and seating less than 200 square feet in size associated with restaurants. Outdoor dining areas and other outdoor space permitted 10.B Packet Pg. 1095 10 of 14 pursuant to SMMC 9.31.199, Outdoor Commercial Uses on Private Property, and SMMC 9.31.200, Outdoor Dining and Seating on Sidewalks. 10.B Packet Pg. 1096 11 of 14 Outdoor Commercial Uses: The following proposed changes support the expansion of certain permitted uses within the Third Street Promenade Area District as outdoor commercial uses limited to the top- level of public parking structures owned by the City and subject to City approval and executed via lease agreements: 8. Outdoor Commercial Uses. Currently, cinemas, community assembly, community gardens, and small/large-scale commercial entertainment and recreation facilities are not permitted in conjunction with the City’s public parking structures. Proposed Changes: Allow certain outdoor commercial uses on the top-level of public parking structures owned by the City, including rooftop cinemas, community assembly, community gardens, and small/large-scale commercial entertainment and recreation facilities. Such outdoor uses would be excluded as floor area, exempt from Floor Area Ratio requirements, and would not be subject to developer linkage or impact fees pursuant to new proposed Section 9.10.050. For rooftop cinemas, allow additional height projections above the finished parking surface level including cinema screens up to 25 feet and 15 feet for concession stands, restrooms facilities, storage structures, and shading structures to extend above the height of existing parking structures. 1200 Block of the Third Street Promenade: Future Evaluation as an Arts and Entertainment District Although this IZO does not include changes specific to the 1200 block of the Third Street Promenade for arts and entertainment, the proposed amendments provide a more holistic approach for the Promenade area as a whole in providing greater entertainment flexibility by eliminating certain existing entertainment restrictions for new and existing restaurants. Additionally, changes include streamlining the alcohol review for cultural facilities such as interactive museums and instructional services such as art studios with group lessons. Staff believes these are simple revisions that provide a streamlined review path that will help attract these types of uses to the Promenade 10.B Packet Pg. 1097 12 of 14 while staff continues to evaluate how specifically the 1200 block can evolve into an active arts and entertainment hub. Future evaluation of the 1200 block as a potential arts and entertaining district will include engaging with a consultant to study how to connect people and activities using the sidewalks and public open space within the block. Staff is currently working with DTSM to identify a consultant and process to explore potential opportunities for additional uses of public space, including but not limited to additional restaurant seating/service area, while also maintaining key public art features and providing for public safety and emergency services access on the Third Street Promenade. Conclusion These interim changes reflect short and medium-term policy and procedural changes specific to the evolving economic vitality of the Promenade area. Simple changes would create fewer restrictions for restaurants with entertainment, and broaden the range of outdoor permitted uses, and further streamline alcohol permits for uses that ordinarily do not result in alcohol-related impacts. In coordination with DTSM and the City’s Economic Development staff, continued evaluation of zoning standards for the Promenade area is ongoing. Accordingly, the proposed IZO seeks to provide immediate zoning flexibility in response to feedback from businesses interested in leasing space within the Third Street Promenade Area. Past Council Actions Meeting Date Description May 12, 2020 Council adopted two Emergency Interim Zoning Ordinances establishing interim zoning regulations to support the economic recovery of local businesses impacted by the COVID-19 pandemic. November 10, 2020 Extended Emergency Interim Zoning Ordinances for both Citywide and Promenade, extended through December 31, 2022. April 13, 2021 (“IZO 2667”), September 28, 2021 (“IZO 2682”), and January 25, 2022 (“IZO 2690”) Subsequent amendments to the “Promenade” IZO. 10.B Packet Pg. 1098 13 of 14 October 11, 2022 and October 25, 2022 Council adopted Ordinance 2726 (CCS) approving Zoning Ordinance amendments for the Third Street Promenade Area January 24, 2023 Council held a discussion requesting that the City develop strategies to revitalize the Third Street Promenade. Environmental Analysis The proposed amendments establishing standards and requirements for outdoor space located on private property, amendments to existing Zoning Ordinance sections for consistency, and amendments codifying permit timeframe extensions established pursuant to Emergency Interim Zoning Ordinance Number 2698 (CCS) supporting economic recovery are categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15301, 15303, and 15304 of the CEQA Guidelines. • Section 15301 of CEQA Guidelines provides (Class 1 Existing Facilities) exemption for the operation, repair, maintenance, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Projects that fall into this class of exemption include alterations to existing streets, sidewalks, gutter, bicycle facilities, and other similar facilities and additions of safety or health protection during for use in conjunction with existing facilities. The proposed amendments would allow alterations to private property for outdoor space use. Therefore, the project falls into the Class 1 exemption. • Section 15303 of CEQA Guidelines provides (Class 3 New Construction or Conversion) exemption for the conversion of existing small structures from one use to another where only prior modifications are made to the exterior. The amendments would provide for new construction and/or conversion of outdoor space. Therefore, the project falls into the Class 3 exemption. 10.B Packet Pg. 1099 14 of 14 • Section 15304 of CEQA Guidelines provides (Class 4 Minor Alterations to Land) exemption for minor public or private alterations in the condition of land, water, and or vegetation which do not involve removal of healthy, mature, scenic trees. New outdoor space established as a result of the amendments would install amenities including landscaping and paving. Therefore, the project falls into the Class 4 exemption. In addition, none of the exceptions specified in Section 15300.2 of CEQA Guidelines would apply that would preclude the use of these CEQA exemptions - The project site is not located in a sensitive environment, the project will not have a significant effect on the environment due to unusual circumstances, the project would not damage scenic resources, the project would not be located on a hazardous waste site; and the project would not cause a change to a historical resource. Therefore, this project is categorically exempt per Sections 15301, 15303, and 15304 of the CEQA Guidelines. Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of recommended action. Staff will return to Council if specific budget actions are required in the future. Prepared By: Steve Mizokami, Senior Planner Approved Forwarded to Council Attachments: A. 2023.07.25 - Promenade IZO B. Written Comments C. PowerPoint Presentation 10.B Packet Pg. 1100 1 City Council Meeting July 25, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS) (City Council Series) AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO: (1) PROMOTE ECONOMIC RECOVERY IN THE CITY’S DOWNTOWN DISTRICTS, INCLUDING THE THIRD STREET PROMENADE AREA, AND (2) PROVIDE OTHER MINOR AND CLERICAL AMENDMENTS TO THE ZONING ORDINANCE RELATED TO ECONOMIC RECOVERY WHEREAS, on July 6, 2010, the City Council adopted the Land Use and Circulation Element of the City’s General Plan (“LUCE”), which designates the proposed general distribution, location and extend of land uses within the City; and WHEREAS, on July 25, 2017, the City Council of the City of Santa Monica (“City Council”) adopted the Downtown Community Plan (“DCP”) which sets forth the City’s vision of Downtown as a high quality, mixed-use district offering opportunities as a major public space framed by a mix of retail, restaurants, and services that form unique experiences enjoyable to both residents and visitors; and WHEREAS, the DCP supports activities that enrich the Promenade, including street performances and events that enliven the street and provide memorable experiences for visitors, while also seeking to expand cultural opportunities, including live music venues and upgraded state-of-the art cinemas; and WHEREAS, the DCP acknowledges that the Promenade is an essential component of the Downtown’s economic sustainability and emphasizes the importance of reevaluating and refreshing the Promenade so that it remains attractive and exciting to residents and visitors alike; and 10.B.a Packet Pg. 1101 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 2 WHEREAS, DCP Goal LU3 contemplates that the Downtown will continue to be the economic center for the City, providing a diverse and flexible mix of uses that can meet future resident, business and visitor demand; and WHEREAS, on March 13, 2020, the City Manager, as the Director of Emergency Services (“Director of Emergency Services”), proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and effectuate the City’s response to the novel coronavirus (“COVID-19”), and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (the “Executive Order”)’ and WHEREAS, on March 16, 2020, the Director of Emergency Services issued a Third Supplement to the Executive Order, requiring the closure of a wide range of businesses including bars, nightclubs, on-premises restaurant service, movie theatres, live performance venues, gyms, fitness centers, spas, hair salons, massage parlors, and nail salons; and WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of 10.B.a Packet Pg. 1102 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 3 COVID-19, amending and superseding its earlier March 16, 2020 Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and WHERAS, after March 19, 2020, the Los Angeles Department of Public Health, on multiple occasions, amended and modified its Health Officer Order, recognizing the issues posed by community transmission of COVID-19 in Los Angeles County, and, in response, maintaining public health measures that have, at differing times, included strict limitations on public gatherings, required closures of certain businesses, and strict limitations and protocols for the operations of businesses permitted to remain open; and WHEREAS, as of March 31, 2023, the local, state, and federal COVID-19 emergency declarations have concluded; and WHEREAS, although the emergency orders have been lifted, the economic impacts of the COVID-19 closures of, and limitations on, businesses have been and continue to be devastating to the local Santa Monica economy; and the Downtown area is continuing to experience economic uncertainty; and WHEREAS, as the commercial and economic landscape evolves, Downtown’s economic recovery and competitive advantage will depend on its ability to deliver on a diverse range of unique dining, retail, and entertainment uses; and WHEREAS, as restaurant and entertainment environments across the region and county continue to evolve, there is a need to adjust allowed uses and dining and entertainment options to enable economic recovery and provide increased flexibility to minimize vacancies on the Third Street Promenade and the Downtown areas; and 10.B.a Packet Pg. 1103 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 4 WHEREAS, the City has an important governmental interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and WHEREAS, vacancy rates, in addition to economic impacts that threaten the health, safety, and economic welfare of its citizens and businesses, may lead to public safety impacts, including, but not limited to, increased calls for emergency services, and WHEREAS, on October 25, 2022, City Council adopted an Ordinance amending the text of the City’s Zoning Ordinance related to economic recovery in commercial districts Citywide and in the area including and immediately adjacent to the Third Street Promenade; and WHEREAS, these zoning changes codified Emergency Interim Zoning Ordinances approved in response to the COVID-19 pandemic and focused on relaxing barriers that had been shown to create unnecessarily difficult processes for simple changes of use inhibiting the establishing of common neighborhood-servicing uses; and WHEREAS, on January 24, 2023, City Council held a discussion session requesting that the City develop strategies to revitalize the Third Street Promenade that included, but were not limited to, establishing an arts and entertainment district in the 1200 block of the Third Street Promenade, expanding outdoor dining opportunities, promoting available space and development opportunities, Zoning Ordinance amendments to expand allowable uses, and opportunities to partner with Downtown Santa Monica, Inc. on street performances; and WHEREAS, this proposed Interim Zoning Ordinance includes zoning changes supporting a variety of potential commercial uses within Downtown; and 10.B.a Packet Pg. 1104 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 5 WHEREAS, these changes focus on enabling additional outdoor uses and providing streamlined review for alcohol permits based on recent discussions with prospective businesses considering available tenant space within the Promenade areas; and WHEREAS, pre-COVID-19, the City began discussions on the concept and feasibility of a utilizing the top levels of City-owned parking structures in the Downtown area for new uses, including a rooftop cinema, but such discussions ceased due to the pandemic commencing in March 2020; and WHEREAS, as a part of the City’s economic recovery measures post-COVID-19, Downtown Santa Monica, Inc., City staff, and a potential rooftop cinema operator have reengaged discussions on the concept; WHEREAS, these public parking structures are the most appropriate locations to allow for certain uses, including the proposed rooftop cinema, due to their locations, structural capacity, and size; and WHEREAS, allowing eligible businesses the flexibility to engage in new uses will facilitate business recovery and generate increased sales tax revenue for the City; and WHEREAS, due to the continued economic uncertainty arising out of the COVID- 19 pandemic, and the high vacancy rate along the Promenade in the Downtown area, the City Council desires to adopt the proposed interim zoning changes, which: (1) provide greater flexibility for restaurants that provide entertainment within the Third Street Promenade Area District; (2) expand Alcohol Exemption (AE) permits to additional uses to further streamline the review of alcohol permits while also correcting and refining existing AE permit condition; (3) enable the Director of Planning to consider commercial 10.B.a Packet Pg. 1105 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 6 uses that are not clearly defined in the Zoning Code; (4) extend terms for Temporary Use Permits; and (5) allow outdoor rooftop commercial uses on public parking structures owned by the City; and WHEREAS, the proposed interim zoning regulations support local business retention and promote new business opportunities within the Downtown, addressing the needs of the business community and residents and supporting small businesses by simplifying land use standards and streamlining review procedures; and WHEREAS, the City Council finds and declares that a current and immediate threat to the public health, safety, and general welfare exists due to the devastating impact the COVID-19-mandated closures and limitations have had on the local economy, including, but not limited to, the high vacancy rate in the Third Street Promenade Area, and the approval of additional subdivisions, use permits, variances, building permits or any other applicable entitlement for use which is required in order to comply with the current regulations would result in a threat to public health, safety, and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Interim Zoning Regulations. (A) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.04.080 to the contrary, the following regulations related to Determining Floor Area shall apply: 9.04.080 Determining Floor Area A. Excluded from Floor Area. Floor area does not include: 1. Stairways and stairwells; 2. Elevators, elevator equipment rooms, and elevator shafts; 10.B.a Packet Pg. 1106 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 7 3. Ramps to a subterranean or semi-subterranean parking structure or ramps between floors of a parking structure provided the ramp does not accommodate parking; 4. Loading spaces and docks used exclusively for loading and unloading as required by Section 9.28.080; 5. Unenclosed decks, balconies, porches, and platforms not used for commercial or restaurant activity; 6. In the Third Street Promenade Area, unenclosed rooftop areas used for commercial or restaurant activity (“unenclosed rooftop areas”), subject to the following specific standards: a. Unenclosed rooftop areas shall be surrounded by a barrier not to exceed 42 inches in height with an allowable transparent barrier not to exceed 42 inches in height. The barrier shall be permanently affixed to the rooftop; b. Unenclosed rooftop areas, including barrier, shall be set back a minimum five feet from the edges of the building; c. Portable restrooms, storage sheds, or other similar temporary structures shall not be permitted on the rooftop; d. Rooftop features such as sunshades, trellises, or canopies shall not exceed 10 feet in height with a maximum aggregate coverage of 50% of the unenclosed rooftop area; e. Unenclosed rooftop areas shall not be accessible to the public outside of their normal business operating hours. 10.B.a Packet Pg. 1107 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 8 7. Covered and uncovered courtyards, arcades, atria, paseos, walkways, and corridors located at or near the street level and are accessible to the general public provided they are not used as sales, display, storage, service, or production areas; 8. Parking areas located below finished grade or finished floor of habitable space where the vertical distance between finished grade and finished floor is 5 feet or less; 9. Semi-subterranean parking areas that meet the following criteria: a. The parking area is located below finished grade along a minimum of one street frontage, b. The portions of the parking area located above finished grade are a result of the site’s slope and cannot feasibly be fully subterranean due to geological or physical site constraints, and c. The facades of any of the visible portions of the parking area located above finished grade are appropriately treated and landscaped; 10. Mechanical equipment rooms, electrical rooms, telecommunication equipment rooms, and similar space located below grade 11. Enclosures constructed pursuant to Section 9.31.060, Automobile Repair, Major and Minor, for outdoor hoists in existence on the adoption of Ordinance Number 1452 (CCS); 12. Attics; 13. Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025; 10.B.a Packet Pg. 1108 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 9 14. Commercial outdoor space permitted pursuant to SMMC 9.31.199, Outdoor Commercial Uses on Private Property, and SMMC 9.31.200, Outdoor Dining and Seating on Sidewalks, shall be excluded from floor area. 15. In the Third Street Promenade Area, any unenclosed rooftop parking areas on City-Owned Parking Structures as set forth in Section 9.10.050(a). (B) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.04.090 to the contrary, the following regulations related to Determining Floor Area Ratio shall apply: 9.04.090 Determining Floor Area Ratio Floor Area Ratio (FAR) is the ratio of the floor area, excluding the areas described below, of all principal and accessory buildings on a site to the site area. To calculate FAR, floor area is divided by site area, and typically expressed as a decimal. For example, if the floor area of all buildings on a site totals 20,000 square feet, and the site area is 10,000 square feet, the FAR is expressed as 2.0. For parcels containing one or more zoning designations, only that portion zoned for commercial or industrial use shall be used as parcel area when calculating floor area ratio. A. Floor Area Ratio Exclusions 1. Floor area devoted to basements; 2. Unenclosed decks, balconies, porches, outdoor dining areas permitted pursuant to Section 9.31.200, Outdoor Dining and Seating on Sidewalks, provided the dining areas have not more than a 42-inch high barrier surrounding the dining area and is visible from the public right-of-way, and other open spaces, and outdoor space permitted pursuant to Section 9.31.199, Outdoor Commercial Uses on Private Property. 10.B.a Packet Pg. 1109 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 10 3. In the Third Street Promenade Area, any unenclosed rooftop parking areas on City-Owned Parking Structures that are converted to outdoor rooftop commercial use in accordance with SMMC 9.10.050(a). (C) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.10.040 to the contrary, the following land use regulations shall apply in the Downtown Districts: SMMC § 9.10.040 Land Use Regulation Table 9.10.040 prescribes the land use regulations for Downtown Districts. The regulations for each district are established by letter designations below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review. “P” designates permitted uses. Uses not listed in Table 9.10.040 may be permitted upon a determination by the Director, or designee, that the use is similar to, and not more intrusive or disruptive than, uses permitted in the District. Factors to be considered in making this determination shall include, but are not limited to, maximum parking requirements, operational characteristics, and prior determinations on similar 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. Uses not listed in Table 9.10.040 may be permitted after review and approval of a Minor Use Permit upon a determination by the Director, or designee, that the use is similar to, and not more intrusive or disruptive than, a use that requires an MUP in the District. Factors to be considered in making this determination shall include, but are not limited to, maximum parking requirements, operational characteristics, and prior 10.B.a Packet Pg. 1110 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 11 determinations on similar uses. “CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit. Uses not listed in Table 9.10.040 may be permitted after review and approval of a Conditional Use Permit upon a determination by the Director, or designee, that the use is similar to, and not more intrusive or disruptive than, a use that requires a CUP in the District. Factors to be considered in making this determination shall include, but are not limited to, maximum parking requirements, operational characteristics, and prior determinations on similar uses. “—” 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 Ppermitted 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. . Use Classification LT NV BC (Third Street Promenade Area) BC (Excluding Third Street Promenade Area) TA OT WT Additional Regulations Residential Uses Residential Housing Types See sub-classifications below. Accessory Dwelling Unit P P P P P P P Section 9.31.025 Accessory Dwelling Units and Junior Accessory Dwelling Units 10.B.a Packet Pg. 1111 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 12 . Use Classification LT NV BC (Third Street Promenade Area) BC (Excluding Third Street Promenade Area) TA OT WT Additional Regulations Junior Accessory Dwelling Unit P P P P P P P Section 9.31.025 Accessory Dwelling Units and Junior Accessory Dwelling Units Multiple-Unit Dwelling P P L(1) L(1) P P P Section 9.31.195, Multiple-Unit Dwelling Projects Senior Citizen Multiple-Unit Residential P P L(1) L(1) P P L(1) Section 9.31.195, Multiple-Unit Dwelling Projects Single-Room Occupancy Housing L(1) L(3) L(1) L(1) L(1) L(1) L(1) Section 9.31.330, Single Room Occupancy Structures Group Residential MUP MUP, L(3) MUP, L(1) MUP, L(1) MUP MUP MUP Congregate Housing P MUP, L(3) L(1) CUP, L(1) MUP MUP MUP Section 9.31.110, Congregate and Transitional Housing Senior Group Residential P MUP, L(3) MUP, L(1) MUP, L(1) MUP, L(1) MUP, L(1) MUP, L(1) Section 9.31.310, Senior Group Residential Elderly and Long-Term Care P L(3) L(1) L(1) L(1) L(1) L(1) Emergency Shelters L(6)/CUP L(6)/ CUP CUP/L(1) L(1), L(6)/CUP L(6)/ CUP L(6)/ CUP L(6)/ CUP Section 9.31.130, Emergency Shelters Family Day Care See sub-classifications below. Large L(1) L(3) L(1) L(1) L(1) L(1) L(1) Section 9.31.140, Family Day Care, Large Small L(1) L(3) L(1) L(1) L(1) L(1) L(1) Residential Facilities See sub-classifications below. Residential Care, General P L(3) L(1) L(1) P L(1) L(1) Section 9.31.270, Residential Care Facilities Residential Care, Limited P L(3) L(1) L(1) P L(1) L(1) Residential Care, Senior P L(3) L(1) L(1) P L(1) L(1) Hospice, General P L(3) L(1) L(1) P L(1) L(1) Hospice, Limited P L(3) L(1) L(1) P L(1) L(1) Supportive Housing P L(3) L(1) L(1) L(1) L(1) L(1) Transitional Housing P L(3) L(1) L(1) L(1) L(1) L(1) Section 9.31.11, Congregate and Transitional Housing Public and Semi-Public Uses Adult Day Care L(1) L(3) L(1) L(1) L(1) L(1) L(1) Child Care and Early Education Facilities P P P P P P P Section 9.31.120, Child Care and Early Education Facilities Colleges and Trade Schools, Public or Private CUP L(1) L(1) L(1) L(1) L(1) L(1) Community Assembly L(7)/CUP CUP L(15), L(25) P CUP L(1) L(7)/ CUP 10.B.a Packet Pg. 1112 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 13 . Use Classification LT NV BC (Third Street Promenade Area) BC (Excluding Third Street Promenade Area) TA OT WT Additional Regulations Community Gardens P P L(25) - P P P P Cultural Facilities P P P P P P P Hospitals and Clinics P P L(1) L(1) P - P Park and Recreation Facilities, Public P P P P P P P Public Safety Facilities P P P P P P P Schools, Public or Private CUP L(3) L(1) P P - CUP Social Service Centers P P - P P P P Section 9.31.350, Social Service Centers Commercial Uses Animal Care, Sales, and Services See sub-classifications below. Grooming and Pet Stores L(5)/CUP L(5)/CU P P L(5)/CUP L(5)/ CUP L(5)/ CUP L(5)/ CUP No more than 10 dogs or cats can be kept overnight Pet Day Care Services MUP MUP - MUP MUP MUP MUP Veterinary Services MUP MUP - MUP MUP - MUP Automobile/Vehicle Sales and Service See sub-classifications below. Alternative Fuels and Recharging Facilities CUP/ L(19) CUP/ L(19) - - CUP/ L(19) - - Automobile Rental L(10) L(10) L(10) L(10) L(10) L(10) L(10) Automobile Storage Use - - - - - - - New Automobile/Vehicle Sales and Leasing L(8), L(5)/CUP L(8), L(5)/CUP L(8), L(5)/CUP L(8), L(5)/CUP L(8), L(5)/ CUP - - Additions 7,500 sq ft or less to Automobile/ Vehicle Sales and Leasing buildings existing as of 7/06/2010 L(20)/ MUP - - - - - - Section 9.31.070 Automobile/Vehi cle Sales, Leasing, and Storage Additions larger than 7,500 sq ft to Automobile/Vehicle Sales and Leasing buildings existing as of 7/06/2010 L(20)/ CUP - - - - - - Automobile/Vehicle Repair, Major L(19) - - - - - - Automobile/Vehicle Service and Repair, Minor L(19) - - - - - - Automobile/Vehicle Washing L(19) - - - - - - Service Station L(19) L(19) - - L(19) - - Towing and Impound - - - - - - - Banks and Financial Institutions See sub-classifications below. Banks and Credit Unions L(4)/CUP L(3), L(5)/CUP - - L(4)/ CUP L(4)/ CUP L(4)/ CUP Check Cashing Businesses - - - - - - - Business Services L(5)/CUP L(5)/CUP L(15) L(5)/CUP L(5)/ CUP L(5)/ CUP L(5)/ CUP Commercial Entertainment and Recreation See sub-classifications below. Cinemas & Theaters, up to 99 seats - CUP L(24)P P P - - 10.B.a Packet Pg. 1113 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 14 . Use Classification LT NV BC (Third Street Promenade Area) BC (Excluding Third Street Promenade Area) TA OT WT Additional Regulations Cinemas & Theaters, more than 99 seats - - L(24)P CUP CUP - - Convention and Conference Centers CUP CUP P CUP CUP CUP CUP Large-Scale Facility L(21)/ CUP L(21)/ CUP L(21)/CUP , L(25) L(21)/ CUP L(21)/ CUP L(21)/ CUP - Small-Scale Facility L(5)/CUP L(5)/CUP L(5)/CUP, L(25) L(5)/CUP L(5)/ CUP L(5)/ CUP L(5)/ CUP Section 9.31.340 Small Scale Facility Fortunetelling P P P P P P P Eating and Drinking Establishments See sub-classifications below. Bars/Nightclubs/Lounges CUP CUP L(26)CUP CUP CUP CUP(10 ) - Restaurants, Full-Service, Limited Service & Take-Out (2,500 sq ft and smaller, including Outdoor Dining and Seating) P P L(22) P P P P Section 9.31.040, Alcoholic Beverage Sales Restaurants, Full-Service, Limited Service & Take-Out (2,501 – 5,000 sq ft, including Outdoor Dining and Seating) P P L(22) P P P P Section 9.31.280, Restaurants, Limited Service, and Take-Out Only Restaurants, Full-Service, Limited Service & Take-Out (greater than 5,000 sq ft, including Outdoor Dining and Seating) CUP P L(22) P P P CUP Section 9.31.200, Outdoor Dining and Seating Food Hall (up to 175 seats) CUP CUP P CUP CUP CUP CUP Equipment Rental - - - - L(5)/ CUP - - Food and Beverage Sales See sub-classifications below. Convenience Market CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/ CUP L(5)/ CUP - Section 9.31.040, Alcoholic Beverage Sales Farmer’s Market CUP P P P P P P General Market L(12)/ CUP L(12)/ CUP L(12)/ CUP L(12)/ CUP L(12)/ CUP L(12)/ CUP L(12) / CUP Section 9.31.040, Alcoholic Beverage Sales Liquor Stores CUP CUP L(26)P CUP CUP CUP - Funeral Parlors and Mortuaries CUP - - - - - - Instructional Services L(5)/CUP L(3), L(5)/CUP L(1), L(5)/CUP L(5)/CUP L(5)/ CUP L(1), L(5)/ CUP L(1), L(5)/ CUP Live-Work L(13) L(3)(13) L(1)(13) L(13) L(13) L(1)(13 ) L(13) Section 9.31.170, Live-Work Units Lodging See sub-classifications below. Bed and Breakfast MUP MUP P MUP MUP MUP MUP Section 9.31.090, Bed and Breakfasts Hotels and Motels CUP CUP P CUP CUP CUP CUP, L(19) Maintenance and Repair Services L(5)/CUP - - - - - - 10.B.a Packet Pg. 1114 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 15 . Use Classification LT NV BC (Third Street Promenade Area) BC (Excluding Third Street Promenade Area) TA OT WT Additional Regulations Nurseries and Garden Centers L(5)/CUP L(5)/CUP - L(5)/CUP L(5)/ CUP - L(5)/ CUP Section 9.31.220, Outdoor Retail Display and Sales Offices See sub-classifications below. Business and Professional L(14)/ CUP L(3), L(5)/CUP L(1) L(1) L(3), L(5)/ CUP L(1) L(1) Creative L(14)/ CUP L(3), L(5)/CUP L(1) L(1) L(3), L(5)/ CUP L(1) L(1) Medical and Dental L(14)/ CUP L(3), L(5)/CUP P L(1) L(3), L(5)/ CUP L(1) L(1) Walk-In Clientele L(14)/ CUP L(3), L(5)/CUP L(1) L(5)/CUP L(3), L(5)/ CUP L(5)/ CUP L(5)/ CUP Outdoor Newsstands MUP MUP MUP MUP MUP MUP MUP Section 9.31.210, Outdoor Newsstands Parking, Public or Private CUP CUP - CUP CUP, L(11) - CUP Personal Services See sub-classifications below. General Personal Services L(5)/CUP L(5)/CUP P L(5)/CUP L(5)/ CUP - L(5)/ CUP Section 9.31.230, Personal Service Physical Training L(17), L(5)/CUP L(17), L(5)/CUP L(17), L(21)/CU P L(17), L(5)/CUP L(17), L(5)/ CUP L(17), L(5)/ CUP L(17), L(5)/ CUP Tattoo or Body Modification Parlor MUP MUP P MUP MUP MUP - Section 9.31.230, Personal Service Retail Sales See sub-classifications below. Building Materials Sales and Services P - - - - - - Section 9.31.220, Outdoor Retail Display and Sales General Retail Sales, Small- Scale L(5)/CUP L(5)/CUP P L(5)/CUP L(5)/ CUP L(5)/ CUP L(5)/ CUP General Retail Sales, Medium-Scale CUP CUP P CUP CUP - CUP General Retail Sales, Large- Scale - - - - - - - Medical Marijuana Dispensaries CUP - - - - - - Section 9.31.185, Medical Marijuana Dispensaries Pawn Shops - - - - - - - Swap Meets - - - - - - - Industrial Uses Artist’s Studio P P L(2) L(1) P P P Commercial Kitchens - - - CUP - - Industry, Limited - - L(2), L(23) - - - - Media Production See sub-classifications below. Support Facilities L(14)/ CUP L(3), L(5)/CUP L(1) L(1) L(3), L(5)/ CUP L(1) L(1) Transportation, Communication, and Utilities Uses Bus/Rail Passenger Stations P P P P P - P 10.B.a Packet Pg. 1115 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 16 . Use Classification LT NV BC (Third Street Promenade Area) BC (Excluding Third Street Promenade Area) TA OT WT Additional Regulations City Bike Share Facility P P P P P P P Communication Facilities See sub-classifications below. Antennas and Transmission Towers - - - - - - - Equipment within Buildings - - - - - - - Light Fleet-Based Services - - - - MUP - - Utilities, Major L(18) - - - - - - Utilities, Minor P P P P P P P Specific Limitations: (1) Limited to upper floors, and on the ground floor where the entire tenant space shall be located at least 25 feet from the front property line, except for residential units shall be limited to upper floors only. (2) A minimum depth of 25 feet from the front parcel line adjacent to a street for the entire ground-floor street frontage shall be designed to accommodate interactive uses. For purposes of this limitation, interactive uses shall be commercial uses with an interactive element, including, but not limited to, retail sales, exhibitions, displays, demonstrations, or instruction. (3) Between 4th and 7th Court, permitted in mid-block parcels on the ground floor and upper floors. On all other parcels, permitted anywhere on the ground floor if the space has street frontage and was occupied by office on, or is vacant but was occupied by office in the 12 months preceding, the date this Ordinance is effective; otherwise, permitted on upper floors and on the ground floor where the entire tenant space including the primary entry is located at least 50 feet from the front property line. (4) Permitted except no ground floor tenant space shall exceed 20 linear feet of ground floor street frontage without a Conditional Use Permit. (5) Permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective. Permitted in new buildings, except: (a) No individual ground floor tenant space shall occupy more than 7,500 square feet of floor area and/or exceed 50 linear feet of ground floor street frontage without a Conditional Use Permit. (b) Ground floor tenant spaces in the Santa Monica Place are not subject to size limitations. (6) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency shelters with 55 or more beds. (7) Any community assembly facility abutting a residential district shall require approval of a Conditional Use Permit. (8) Limited to automobile/vehicle dealer showrooms only which must display one alternative fuel automobile/vehicle if such an automobile/vehicle is available in the dealer’s fleet, and limited to six showrooms in the Third Street Promenade Area. (9) (Reserved) (10) Permitted as an ancillary use to support a primary use. (11) Limited to public parking facilities only. (12) General markets greater than 15,000 square feet require approval of a Conditional Use Permit, except general markets in the Mixed- Use Boulevard district greater than 25,000 square feet require approval of a Conditional Use Permit. (13) If the commercial use requires a MUP or CUP, an application shall be required in accordance with SMMC, Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the live- work unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from users that generate airborne particulates in a unit with an unenclosed kitchen. (14) All new construction requires approval of a Conditional Use Permit or permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective, except: (a) New additions of 50% or more additional square footage to an existing building at any one time, or incrementally, after the effective date of the ordinance codified in this Chapter, requires approval of a Conditional Use Permit. (b) No ground floor, street-fronting, non-office or non-media production support facility use, non-medical or non-dental office use tenant space shall be changed into an individual office use or a media production support facility use, or individual medical or dental office use occupying more than 7,500 square feet of floor area and/or exceeding 50 linear feet of street frontage without the approval of a Conditional Use Permit. (15) Limited to the ground floor with frontage along 2nd Court and 3rd Court alleys or to upper floors. (16) Limited to public parking facilities only. (17) Youth-serving personal services, physical training requires review and approval of passenger loading and drop-off plan by the Director. (18) Limited to electric distribution substations. 10.B.a Packet Pg. 1116 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 17 . Use Classification LT NV BC (Third Street Promenade Area) BC (Excluding Third Street Promenade Area) TA OT WT Additional Regulations (19) Limited to legally established existing uses as of the date this Specific Plan is effective. (20) Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships conforming to the urban auto dealership format standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing and Storage are permitted. Expansions to existing dealerships of 7,500 square feet or less that do not conform to the urban auto dealership format standards shall require an MUP. Expansions to existing dealerships larger than 7,500 square feet that do not conform to the urban auto dealership formal standards shall require a CUP. (21) No individual Fitness Center tenant space shall exceed 100 linear feet of ground floor street frontage without the approval of a Conditional Use Permit. (22) Restaurant, Limited-Service and Take-Out establishments with frontage on the Third Street Promenade and the following characteristics shall be prohibited: (a) More than 150 locations nationwide at the time that the application for the establishment is deemed complete by the City; and (b) Characteristics, including but not limited to, orders placed at a walk-up window, counter, or machine; payment prior to food consumption; and food served with disposable, one-time, or limited-use wrapping, containers, or utensils. (23) Excludes commercial laundries and dry cleaning plants, monument works, medicinal cannabis, and medicinal cannabis products. (24) Permitted use. Additionally, outdoor rooftop cinemas/theaters are permitted, limited only to the rooftops on City-owned parking structures. (25) Permitted as an outdoor use limited only to the rooftops on City-owned parking structures. (26) Permitted, subject to obtaining an Alcohol Exemption pursuant to SMMC 9.31.040(D)(2). If no Alcohol Exemption is obtained, a Conditional Use Permit is required. (D) Notwithstanding any provisions of Santa Monica Municipal Code to the contrary, the following regulations set forth in Section 9.10.050 related to Outdoor Rooftop Uses on City-Owned Parking Structures shall apply: 9.10.050 Outdoor Rooftop Commercial Uses on City-Owned Parking Structures Any proposed conversion of parking area to accommodate an outdoor rooftop commercial use on the top-level of an existing City-Owned parking structure within the Third Street Promenade Area District shall be subject to the following: A. Excluded as Floor Area and from Floor Area Ratio. Any unenclosed rooftop parking areas on City-Owned Parking Structures that are converted to and utilized as outdoor rooftop commercial space as permitted in the district, including any new enclosed structures supportive of such permitted uses erected within the converted parking area including but not limited to, temporary or permanent restroom facilities, concession 10.B.a Packet Pg. 1117 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 18 stands, and storage structures, shall be excluded from floor area and floor area ratio requirements. B. Allowable Height Projections. Maximum height projections as measured from the finished parking surface level, including any deck-leveling surfaces as required, shall be allowed as set forth in Section 9.21.060(A). C. Applicability Certain Land Use and Zoning Related Provisions. Notwithstanding anything to the contrary in Chapters 9.65, Child Care Linkage Program, 9.66, Transportation Impact Fee Program, 9.67, Parks and Recreation Development Impact Fee Program, and 9.68, Affordable Housing Commercial Linkage Fee Program, for purposes of determining applicability, conversion of rooftop parking area on City- owned parking structures to outdoor rooftop commercial use shall not be considered a “Project” and shall not be subject to associated impact fees. (E) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.21.060 to the contrary, the following regulations related to Height Projections shall apply: 9.21.060 Height Projections No structure shall project above the height limits established in this Article except as specified in this Section. A. Building-Mounted and Attached Structures. Table 9.21.060 establishes the maximum permitted projection(s) above the height limit of a building and into the daylight plane for structures that are typically mounted or attached to a building. These projections are by right, with no discretionary permit required. Table 9.21.060 also establishes limitations in the horizontal coverage of permitted projections. Some allowances apply in all Zoning Districts while others are limited to specified Zoning Districts. In the Single-Unit 10.B.a Packet Pg. 1118 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 19 Residential (R1) District, allowed height projections into the minimum side stepback areas above 23 feet shall be permitted. None of these projections shall permit occupiable space above the height limit. The total aggregate coverage of projections shall not exceed 30% of a roof’s area. This limitation shall not apply to solar energy systems (see Section 9.21.150). TABLE 9.21.060: ALLOWED PROJECTIONS ABOVE HEIGHT LIMITS AND DAYLIGHT PLANE Structure Maximum Aggregate Coverage of Building’s Roof Area (%); Other Locational Restrictions Maximum Vertical Projection (ft.) Above the Height Limit* Projections Allowed in All Zoning Districts: Skylights No limit 1 ft. Skylights on flat roofs 30%; May not be located within 5 ft. of any edge of the roof 5 ft. Chimneys, vent stacks 5% 5 ft. Windscoops 5% 5 ft. Solar energy systems located on a rooftop See Section 9.21.150 See Section 9.21.150 Antennas One standard television receive-only nonparabolic antenna and one vertical whip Antenna 10%; May not be located between the building and any street-facing parcel line 25 ft. Other antennas See Chapter 9.32, Telecommunications Facilities TABLE 9.21.060: ALLOWED PROJECTIONS ABOVE HEIGHT LIMITS AND DAYLIGHT PLANE Structure Maximum Aggregate Coverage of Building’s Roof Area (%); Other Locational Restrictions Maximum Vertical Projection (ft.) Above the Height Limit* Parapets, fire escapes, catwalks, and open guard rails required by law As required by law As required by law Projections Allowed in All Districts Except R1 and OP-1 Districts: Non-occupiable features such as steeples, spires, towers, domes, and cupolas 10% 10 ft. Rooftop features for outdoor living areas, such as sunshade, open railings, trellises, and landscaping 25% 10 ft. Elevator shafts 15% 18 ft.* above the roofline Stairwells 25% 14 ft.* above 10.B.a Packet Pg. 1119 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 20 the roofline Mechanical rooms and enclosures 25% 12 ft.* above the roofline Ventilating fans, water tanks, cooling towers, or other equipment required to operate and maintain a building, along with screening of such equipment required by Section 9.21.140, Screening Total area enclosed by all screening may not exceed 30% of roof area 12 ft. Projections Allowed for Outdoor Rooftop Commercial Uses on City Owned Parking Structures Located in the Third Street Promenade Area District: Outdoor cinema and theater screens. None 25 ft. above the finished parking surface level, including deck- leveling surfaces as required. Concession stands, restroom facilities, storage structures, shade structures, or similar structures associated with rooftop cinemas/theaters, None 15 ft. above the finished parking surface level, including deck- leveling surfaces as required. Structures associated with rooftop community assembly, community gardens, and small/large-scale commercial entertainment and recreation facilities None 15 ft. above the finished parking surface level, including deck- leveling surfaces as required. (F) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.28.040 to the contrary, the following regulations related to Calculating Off-Street Parking and Loading Spaces shall apply: 9.28.040 Calculating Off-Street Parking and Loading Spaces A. Rules for Calculating Required Spaces. The following rules shall be followed for calculating the amount of off-street parking and loading spaces. 1. Rounding. Fractional space requirements totaling 0.5 or above shall be rounded up to the next whole space after calculating the total number of required spaces. Rounding up shall not apply to loading spaces; however, a minimum of one space shall be provided. 2. Residential Uses. For purposes of calculating off-street parking 10.B.a Packet Pg. 1120 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 21 requirements for dwelling units, all private living spaces including, but not limited to, dens, studios, family rooms, studies and lofts shall be considered as “bedrooms” except that a maximum of one such room per unit shall not count as a bedroom if it is less than 100 square feet in area. Kitchens, bathrooms, and one living room per unit shall not be considered bedrooms. Semiprivate rooms shall not count as bedrooms if they have no doors and a minimum 7-foot opening to adjacent living space. A loft or mezzanine shall not count as a bedroom if the maximum width of the loft or mezzanine is less than 7 feet. 3. Non-residential Uses. Unless otherwise specified, the floor areas used to calculate the number of off-street parking and loading spaces required for non-residential uses shall include: a. All floor area located above or below grade devoted to office, retail, service, or other activities and uses, storage areas, restrooms, lounges, lobbies, kitchens, and interior hallways and corridors, unless exempted by this Chapter; and b. All outdoor areas that will accommodate a permanent activity that will generate a demand for parking facilities in addition to that which is provided for principal activities and uses within the building or structure. 4. Multiple Uses. When two or more principal uses are located on the same parcel, the estimated parking demand shall be the sum of the estimated demand of the various individual uses computed separately, in accordance with this Section, unless shared parking is approved pursuant to Section 9.28.180. 10.B.a Packet Pg. 1121 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 22 5. Exclusions. Floor area devoted to the following shall not be included when determining required parking and loading spaces: a. Automobile parking; b. Loading areas; c. Driveways, drive aisles, ramps; d. Bicycle parking; e. Showers or locker areas not associated with a physical training, personal service or instructional service; and f. Outdoor dining areas and other outdoor space permitted pursuant to Section 9.31.199, Outdoor Commercial Uses on Private Property, and Section 9.31.200, Outdoor Dining and Seating on Sidewalks. Outdoor dining and seating less than 200 square feet in size associated with restaurants. (G) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.31.040 to the contrary, the following regulations related to Alcoholic Beverage Sales shall apply: 9.31.040 Alcoholic Beverage Sales A. Purpose. 1. To limit the potential for community problems such as public drunkenness, drunk driving, traffic accidents, violent crime, noise, and nuisance from an overabundance or overconcentration of the availability of alcohol and its consumption. To regulate traditional alcohol outlets, including bars, restaurants, liquor stores, and supermarkets, as well as new types of alcohol outlets, to ensure that public health, safety, and welfare are not threatened. 10.B.a Packet Pg. 1122 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 23 2. To establish control measures that will permit the City to review and approve new alcohol outlets on a case-by-case basis and to condition that approval based on the specific type of alcohol outlet, neighborhood location, and potential problems involved. B. Conditional Use Permit Required. No person shall dispense for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits, for on-site or off-site consumption without first obtaining a Conditional Use Permit unless the proposed use has received an Alcohol Exemption Zoning Conformance Permit in accordance with subsection D or is otherwise determined to be exempt after a Zoning Conformance Review in accordance with subsection E. C. Findings for Approval of Conditional Use Permit. The Planning Commission, or the City Council on appeal, may approve the dispensing, for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits for on-site or off-site consumption only if, in addition to the required findings for Conditional Use Permits contained in Section 9.41.060, Required Findings (for a Conditional Use Permit), all of the following findings can be made in an affirmative manner: 1. The proposed alcohol sales will not adversely affect the welfare of neighborhood residents in a significant manner; 2. The proposed alcohol sales will not contribute to an undue concentration of alcohol outlets in the area; 3. The proposed alcohol sales will not detrimentally affect nearby neighborhoods, considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets; and 10.B.a Packet Pg. 1123 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 24 4. The sale of alcohol will not increase traffic congestion or generate a demand for parking that will adversely affect surrounding businesses and residents. D. Alcohol Exemption Zoning Conformance Permit. 1. Citywide Excluding Third Street Promenade Area and Santa Monica Pier. Except as provided in paragraphs 2 and 3, below, limited and full-service restaurants that offer alcoholic beverages incidental to meal service shall be exempt from the provisions of the Conditional Use Permit requirement of subsection B of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions: a. If a counter service area is provided, food service shall be available at all hours the counter is open for patrons, and the counter area shall not function as a separate bar area; b. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted; c. Customers shall be permitted to order meals at all times and at all locations where alcohol is being served. The establishment shall serve food to patrons during all hours the establishment is open for customers; d. The premises shall maintain a kitchen or food-serving area in which a variety of food is prepared on the premises; e. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license; 10.B.a Packet Pg. 1124 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 25 f. No video or other amusement games shall be permitted on the premises; g. Entertainment may only be permitted in the manner set forth in Section 9.31.290, Restaurants with Entertainment; h. The primary use of any outdoor dining area shall be for seated meal service. Patrons who are standing in the outdoor seating area shall not be served; i. The operation shall at all times be conducted in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator shall control noisy patrons leaving the restaurant; j. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 12:00 a.m. with complete closure and all employees vacated from the building by 1:00 a.m. All alcoholic beverages must be removed from the outdoor dining area no later than 11:00 p.m. Sunday through Thursday. No after-hours operation is permitted; k. Liquor bottle service shall be prohibited. Wine and beer bottle service shall not be available to patrons unless full meal service is provided concurrent with the bottle service. For purposes of this paragraph, “bottle service” means the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer. All food items shall be available from the premises’ full service menu; l. No organized queuing of patrons at the entry or checking of identification to control entry into and within the establishment shall be permitted. 10.B.a Packet Pg. 1125 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 26 There shall not be any age limitation imposed restricting access to any portion of the restaurant; m. The premises shall not organize or participate in organized “pub- crawl” events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant; n. Establishments with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code; o. Prior to occupancy, a security plan shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues; p. Prior to occupancy, the operator shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC- sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the employee shall attend the alcohol awareness training within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator shall provide the City with an annual report regarding 10.B.a Packet Pg. 1126 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 27 compliance with this requirement. The operator shall be subject to any future Citywide alcohol awareness training program affecting similar establishments; q. Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the State ABC; r. Prior to occupancy, the operator shall submit a plan describing the establishment’s designated driver program, which shall be offered by the operator to the establishment’s patrons. The plan shall specify how the operator will inform patrons of the program, such as offering on the menu a free non-alcoholic drink for every party of 2 or more ordering alcoholic beverages; s. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to please not litter or block driveways in the neighborhood; t. Employees of the establishment shall walk a 100-foot radius from the facility at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons; and u. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. Minor amendments to the plans shall be subject to approval by the Director; 10.B.a Packet Pg. 1127 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 28 v. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. 2. Third Street Promenade Area. Notwithstanding the provisions of paragraph 1, above, in the Third Street Promenade Area, the following uses that offer alcoholic beverages incidental to the primary use, including bars/nightclubs/lounges that primarily serve alcoholic beverages, shall be exempt from the provisions of the Conditional Use Permit requirement of subsection B of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions established for each use: a. Restaurants (Full-Service and Limited Service and Take Out) and Food Halls i. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily. ii. From 8:00 a.m. until at least 10:00 p.m., food service shall be available at all times when alcohol is being served. iii. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license. iv. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted. v. Entertainment may only be permitted in the manner set forth in Section 9.31.290(D), Restaurants with Entertainment; 10.B.a Packet Pg. 1128 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 29 vi. Except as may be permitted by a Temporary Use Permit issued in accordance with Santa Monica Municipal Code Chapter 9.44, Temporary Use Permits, alcohol shall not be served in any disposable containers such as disposable plastic or paper cups. vii. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises. viii. Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code, except that Section 4.21.140 Nightclubs, Bars and Establishments with Amplified Music shall not apply. ix. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues. x. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, 10.B.a Packet Pg. 1129 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 30 the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments. xi. Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC. xii. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free non-alcoholic drink for every party of 2 or more ordering alcoholic beverages. xiii. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood. xiv. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick 10.B.a Packet Pg. 1130 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 31 up and dispose of any discarded beverage containers and other trash left by patrons. xv. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director. xvi. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. b. Bars/Nightclubs/Lounges i. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily. ii. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license. iii. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted. iv. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises. v. Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code, except that Section 10.B.a Packet Pg. 1131 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 32 4.21.140 Nightclubs, Bars and Establishments with Amplified Music shall not apply. vi. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues. vii. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments. 10.B.a Packet Pg. 1132 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 33 viii. Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC. ix. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free non- alcoholic drink for every party of 2 or more ordering alcoholic beverages. x. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood. xi. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. xii. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director. xiii. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. c. Convenience Markets and Liquor Stores 10.B.a Packet Pg. 1133 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 34 i. The permitted hours of alcoholic beverage sales shall be 8:00 a.m. to 10:00 p.m. daily. ii. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted. iii. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises. iv. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues. v. Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC. vi. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. vii. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director. 10.B.a Packet Pg. 1134 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 35 viii. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. d. Cultural Facilities and Instructional Services i. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily. ii. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license. iii. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted. iv. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises. v. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues. vi. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The 10.B.a Packet Pg. 1135 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 36 program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments. vii. Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC. viii. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. ix. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director. 10.B.a Packet Pg. 1136 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 37 x. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. e. Outdoor Rooftop Commercial Uses: Cinemas, Community Assembly, Small/Large-Scale Commercial Entertainment and Recreation Facilities i. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily. ii. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises. iii. Premises with amplified sound or music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code, except that Section 4.21.140 Nightclubs, Bars and Establishments with Amplified Music shall not apply. iv. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues. v. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The 10.B.a Packet Pg. 1137 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 38 program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments. vi. Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC. vii. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free non- alcoholic drink for every party of 2 or more ordering alcoholic beverages. viii. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood. 10.B.a Packet Pg. 1138 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 39 ix. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. x. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director. xi. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. f. Commercial Entertainment and Recreation: Small-Scale Facilities and Large-Scale Facilities i. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily. ii. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license. iii. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted. iv. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises. 10.B.a Packet Pg. 1139 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 40 v. Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code, except that Section 4.21.140 Nightclubs, Bars and Establishments with Amplified Music shall not apply. vi. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues. vii. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments. 10.B.a Packet Pg. 1140 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 41 viii. Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC. ix. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free non- alcoholic drink for every party of 2 or more ordering alcoholic beverages. x. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood. xi. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. xii. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director. xiii. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. g. Retail Sales: General Retail Sales, Small-Scale and Medium-Scale 10.B.a Packet Pg. 1141 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 42 i. The permitted hours of alcoholic beverage sales shall be 8:00 a.m. to 2:00 a.m. daily. ii. Sale of alcoholic beverages shall be incidental to the primary use. iii. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted. iv. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises. v. Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code. vi. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues. vii. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC- 10.B.a Packet Pg. 1142 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 43 sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments. viii. Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC. ix. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free non- alcoholic drink for every party of 2 or more ordering alcoholic beverages. x. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood. xi. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. xii. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project 10.B.a Packet Pg. 1143 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 44 development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director. xiii. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. 2. Third Street Promenade Area. Notwithstanding the provisions of paragraph 1, above, in the Third Street Promenade Area, limited and full-service restaurants, food halls, bars/nightclubs/lounges, and small and medium scale general retail sales shall be exempt from the provisions of the Conditional Use Permit requirement of subsection B of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions: a. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily. b. From 8:00 a.m. until at least 10:00 p.m., food service shall be available at all times when alcohol is being served. c. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license. d. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted. e. Except as may be permitted by a Temporary Use Permit issued in accordance with Santa Monica Municipal Code Chapter 9.44, Temporary Use 10.B.a Packet Pg. 1144 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 45 Permits, alcohol shall not be served in any disposable containers such as disposable plastic or paper cups. f. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises. g. Liquor bottle service shall be prohibited. Wine and beer bottle service shall not be available to patrons unless food service is provided concurrent with the bottle service. For purposes of this paragraph, “bottle service” means the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, or other items used for the mixing of drinks, which patrons are able to then use to make their own drinks or pour their own wine or beer. h. The premises shall not organize or participate in organized “pub- crawl” events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the premises. i. Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code. j. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues. k. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training 10.B.a Packet Pg. 1145 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 46 programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments. l. Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC. m. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free non- alcoholic drink for every party of 2 or more ordering alcoholic beverages. 10.B.a Packet Pg. 1146 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 47 n. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood. o. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. p. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. Minor amendments to the plans shall be subject to approval by the Director. q. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. 3. Santa Monica Pier. Notwithstanding the provisions of paragraph 1, above, limited and full service restaurants, bars/nightclubs/lounges, food halls, and small and medium scale general retail sales on the Santa Monica Pier shall be exempt from the provisions of the Conditional Use Permit requirement of subsection B of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions: a. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily. 10.B.a Packet Pg. 1147 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 48 b. From 8:00 a.m. until at least 10:00 p.m., food service shall be available at all times when alcohol is being served. c. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license. d. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted. e. Except as may be permitted by a Temporary Use Permit issued in accordance with Santa Monica Municipal Code Chapter 9.44, Temporary Use Permits, alcohol shall not be served in any disposable containers such as disposable plastic or paper cups. f. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises. g. Liquor bottle service shall be prohibited. Wine and beer bottle service shall not be available to patrons unless food service is provided concurrent with the bottle service. For purposes of this paragraph, “bottle service” means the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, or other items used for the mixing of drinks, which patrons are able to then use to make their own drinks or pour their own wine or beer. 10.B.a Packet Pg. 1148 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 49 h. The premises shall not organize or participate in organized “pub- crawl” events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the premises. i. Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code. j. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues. k. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall 10.B.a Packet Pg. 1149 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 50 be subject to any future Citywide alcohol awareness training program affecting similar establishments. l. Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC. m. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free non- alcoholic drink for every party of 2 or more ordering alcoholic beverages. n. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood. o. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. p. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. Minor amendments to the plans shall be subject to approval by the Director. 10.B.a Packet Pg. 1150 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 51 q. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. 4. With respect to the Director’s decision for Alcohol Exemption Zoning Conformance Permits for restaurants with over 50 seats and subject to subsection D(1) above, within 2 business days from the date when the determination has been made concerning the application and posted on the City’s website, the Director shall transmit a notice of determination that summarizes the determination and provides a website link to the Statement of Official Action to the applicant at the address shown on the application and to all property owners and residential and commercial tenants within a radius of 750 feet from the exterior boundaries of the property involved in the application. E. Zoning Conformance Review. 1. When an existing alcohol outlet without a Conditional Use Permit changes ownership or undergoes an interior remodel, it shall be subject to Zoning Conformance review in accordance with the following: a. Except as provided in paragraph b, below, an existing alcohol outlet that was lawfully established and is nonconforming solely due to the lack of an approved Conditional Use Permit is exempt from the requirements of this Section if the licensed premises have remained in continuous operation without substantial change in mode or character of operation. Approval of a Conditional Use Permit shall be required for a change in the licensed classification. The operation of an existing nonconforming alcohol outlet shall be considered lapsed 10.B.a Packet Pg. 1151 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 52 and a Conditional Use Permit shall be required where operations have been discontinued for a period of over one year. i. The one-year period to determine that a nonconforming alcohol outlet has been abandoned shall commence when the use ceases and any one of the following occurs: (1) The business license lapses; (2) The site is vacated; (3) The lease is terminated; (4) Utilities are terminated; or (5) A conforming use that meets the applicable requirements of this Article is lawfully established in the space previously occupied by the nonconforming alcohol outlet. ii. Once the one-year period has commenced under subsection (E)(1)(a)(i) that period shall only be terminated if the nonconforming alcohol outlet is fully licensed, permitted, and operational for 60 continuous days. Operational shall mean that the nonconforming alcohol outlet is open for business to the public and provides services typically associated with the nonconforming alcohol outlet during the hours and days that are customary for that nonconforming alcohol outlet. iii. Cessation of use due to remodeling shall not be considered abandonment so long as building permits are active in accordance with Chapter 8.08 of the Municipal Code. However, if the building permit 10.B.a Packet Pg. 1152 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 53 expires before the use resumes, the one-year period under subsection (E)(1)(a)(i) shall relate back and commence with the cessation of use. iv. Any existing premises where operations have been discontinued for these time periods shall be required to obtain a Conditional Use Permit prior to resuming business whether or not a Conditional Use Permit was obtained in the past for the premises. v. A substantial change in mode or character of operation shall include, but is not limited to, a change in operational hours that extends past 11:00 p.m. Sunday through Thursday and midnight on Friday and Saturday, a 5% increase in the floor area of the premises, a 10% increase in the shelf area used for the display of alcoholic beverages, queuing outside the establishment, age requirements for entry, checking identification at the door, implementing a cover charge, offering bottle service, or a 5% increase in the number of seats in any restaurant that serves alcoholic beverages, but in no case shall the increase exceed any established seating limitation in the underlying zoning district. (1) “Bottle service” shall mean the service of any full bottle of liquor, wine, or beer, of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer. (2) “Cover charge” shall mean requiring payment of customers before they may enter the establishment. 10.B.a Packet Pg. 1153 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 54 b. Notwithstanding the provisions of paragraph a, above, when an existing alcohol outlet (i) located within the Third Street Promenade Area and (ii) without a Conditional Use Permit changes ownership or undergoes an interior remodel, it shall be subject to Zoning Conformance review to confirm consistency with current operations, except that an existing alcohol outlet that was lawfully established and is nonconforming solely due to the lack of an approved Conditional Use Permit shall not be subject to a zoning conformance review if the licensed premises have remained in continuous operation without substantial change in mode or character of operation. As used in this paragraph, a substantial change in mode or character of operation shall include, but is not limited to: a 5% increase in the floor area of the premises; a 10% increase in the shelf area used for the display of alcoholic beverages; implementing a cover charge, that is, requiring payment from customers before they may enter the premises; or a 5% increase in the number of seats in any restaurant that serves alcoholic beverages, but in no case shall the increase exceed any established seating limitation in the underlying zoning district. 2. When an existing alcohol outlet with a Conditional Use Permit changes ownership or undergoes an interior remodel, it shall be subject to Zoning Conformance review to ensure compliance with the existing CUP. (H) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.31.290 to the contrary, the following regulations related to Restaurants with Entertainment shall apply: 9.31.290 Restaurants with Entertainment 10.B.a Packet Pg. 1154 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 55 A. Except as provided in subsection B, below, Restaurantsrestaurants may provide entertainment including but not limited to music, DJs, song, dance, stand-up comedy, and poetry readings for the patrons’ enjoyment if they meet the following standards. 1. There is sit down meal service provided at all times while the entertainment is taking place. 2. There is no permanent or temporary dance floor or dance area for patrons. 3. There is no cover charge or minimum drink purchase requirement. 4. The entertainment is provided only in the dining areas. 5. No more than three television screens including video projectors or similar audio/visual devices shall be utilized on the premises. None of these televisions or projection surfaces shall exceed 60 inches measured diagonally. No billiard/pool tables, video games, bowling, darts, and other similar entertainment activities may be provided. 6. Liquor bottle service shall be prohibited. Wine and beer bottle service shall not be available to patrons unless full meal service is provided concurrent with the bottle service. All food items shall be available from the full service menu. Bottle service shall mean the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer. 7. No organized queuing of patrons at the entry or checking of identification to control entry into and within the establishment shall be permitted. There shall not be any age limitation imposed restricting access to any portion of the restaurant. 10.B.a Packet Pg. 1155 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 56 8. The establishment shall not organize or participate in organized “pub-crawl” events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant. 9. Establishments with amplified music shall comply with Section 4.12.140. B. A restaurant with entertainment beyond the scope of these limitations in subsection B above shall also be considered a Bar/Nightclub/Lounge as defined in Chapter 9.51, and such entertainment use shall be prohibited unless a separate Conditional Use Permit for that use has been obtained. B. Third Street Promenade Area. Notwithstanding the provisions of subsection A, restaurants located in the Third Street Promenade Area may provide entertainment including but not limited to music, DJs, song, dance, stand-up comedy, and poetry readings for the patrons’ enjoyment if they meet the following standards. 1. There is sit down meal service provided at all times while the entertainment is taking place. 2. The entertainment is provded indoors only within the dining areas. 3. Dancing shall be ancillary to the primary restaurant use and temporary dance areas may be provided within portion(s) of the dining area provided that seating for sit down meal service is available for patrons at all times while dancing is taking place. 4. There is no cover charge or minimum drink purchase requirement. 5. Establishment shall comply with SMMC Chapter 4.12 Noise, except that Section 4.21.140 Nightclubs, Bars and Establishments with Amplified Music shall not apply. 10.B.a Packet Pg. 1156 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 57 C. A restaurant with entertainment beyond the scope of the limitations set forth in subsections A or B above, as applicable, shall also be considered a Bar/Nightclub/Lounge as defined in Chapter 9.51, and such entertainment use shall be prohibited unless a separate Conditional Use Permit for that use has been obtained. (I) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.31.370 to the contrary, the following regulations related to Temporary Uses and Seasonal Sales shall apply: SMMC 9.31.370 Temporary Uses and Seasonal Sales A. This Section establishes standards and requirements for certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur. Temporary uses shall require approval of a Temporary Use Permit pursuant to Chapter 9.44 with the following exceptions: 1. Seasonal sales of holiday-related items such as Christmas trees, pumpkins and similar items that have a duration of not more than 45 consecutive calendar days and are conducted in conjunction with an established retail commercial business holding a valid City business license or conducted by a school or place of worship; 2. Temporary carnivals, fairs, and festivals with a duration of not more than 3 days when conducted by a school or place of worship on land owned by the school or place of worship; 3. Art displays under the sponsorship of any recognized art organization or accredited school on any parking lot in any commercial or industrial district provided that the art display is on a Saturday, Sunday, or holiday when the place or places of business, 10.B.a Packet Pg. 1157 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 58 which have control of the parking lot are not open for business on the day the art display is to occur; 4. Trailers that provide residences for security personnel associated with any approved construction site; 5. Construction offices where approved construction projects are being diligently completed; 6. Yard sales limited to 2 per calendar year, for each dwelling unit, for a maximum of 2 days each; 7. Events which occur in theaters, meeting halls, or other permanent public assembly facilities; 8. Private social gatherings in private residences. B. Temporary Uses Requiring a Temporary Use Permit. Temporary uses may be permitted with the approval of a Temporary Use Permit, pursuant to Chapter 9.44, Temporary Use Permits, subject to compliance with the standards. Additional or more stringent requirements may be established through the Temporary Use Permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the City as a whole. 1. Stand-Alone Seasonal Sales. Seasonal sales of holiday related items such as Christmas trees, pumpkins, and similar items conducted for a period not to exceed 45 consecutive calendar days. 2. Temporary Outdoor Sales. Temporary outdoor sales conducted by an established retail commercial business holding a valid City business license, including, 10.B.a Packet Pg. 1158 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 59 but not limited to, grand opening events, sidewalk sales, and other special sales events subject to the following standards: a. Temporary outdoor sales shall be conducted by an established retail commercial business holding a valid City business license for the same site. b. Outdoor display and sales areas must be located on a paved or concrete area on the same parcel as the structure(s) containing the business with which the temporary sale is associated. c. Location of the displayed merchandise must not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic. d. Number of Events. No more than 4 events shall be allowed on any 1 site within any 12-month period, except sidewalk sales located on the public right- of-way shall be limited to 2 events for periods not exceeding 3 consecutive days each within any 12-month period. Business Improvement Districts and Areas shall be exempt from the limitations on number of events. 3. Special Events. Other short-term special events, outdoor sales, art sales, and displays that do not exceed 3 consecutive days, may be permitted in accordance with the following standards: a. Location. Events are limited to nonresidential districts. b. Number of Events. No more than 4 events shall be allowed on any 1 site within any 12-month period. 10.B.a Packet Pg. 1159 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 60 c. Recreational Special Events. Short-term recreational special events shall be part of an existing Commercial Recreation or Personal Service use located on the same site. d. Carnivals, Fairs, and Festival Events. Carnivals, fairs, and festival events are also subject to the following standards: i. Location. Events are limited to areas within commercial or employment districts, or on land owned by a school or place of worship. ii. Time Limit. When located adjacent to a Residential District, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m. 4. Other Temporary Uses. The following temporary uses may also be permitted subject to the approval of a Temporary Use Permit when conducted for a period not to exceed 18045 consecutive calendar days: a. Circuses and carnivals subject to compliance with Article 6 of the Municipal Code; b. Fairs, festivals, and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities; c. Off-site contractors’ construction yards; d. Similar temporary uses or other temporary uses supportive of economic recovery, which the Director has determined will be compatible with the purposes of the district and surrounding land uses. e. The Zoning Administrator may approve a single extension of a Temporary Use Permit under this subsection for an additional 180 days, subject to any 10.B.a Packet Pg. 1160 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 61 additional operational conditions as deemed necessary, and subject to a finding that the operation of the approved temporary use at the location and within the time period specified operated in a manner that did not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare. Any proposed extension exceeding 180 days not meeting the requirements of this subsection e shall be subject to Minor Use Permit approval pursuant to Subsection C below. C. Temporary Uses Requiring a Minor Use Permit. Other special events, temporary uses, outdoor sales, and displays not specifically limited under this Section that exceed 18045 consecutive calendar days shall require the approval of a Minor Use Permit pursuant to Chapter 9.41, Minor Use Permits and Conditional Use Permits. (J) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.44.060 to the contrary, the following regulations related to Temporary Uses Requiring a Minor Use Permit shall apply: SMMC 9.44.060 Temporary Uses Requiring a Minor Use Permit Other special events, temporary uses, outdoor sales, and displays not specifically limited under Section 9.31.370 that exceed 18045 consecutive calendar days shall require the approval of a Minor Use Permit pursuant to Chapter 9.41, Minor Use Permits and Conditional Use Permits SECTION 2. Any provision of the Santa Monica Municipal Code or any appendix thereto inconsistent with the provisions of this Interim Zoning Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Interim Zoning Ordinance. 10.B.a Packet Pg. 1161 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) 62 SECTION 3. If any section, subsection, sentence, clause, or phrase of this Interim Zoning Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Interim Zoning Ordinance. The City Council hereby declares that it would have passed this Interim Zoning Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Interim Zoning Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Interim Zoning Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Interim Zoning Ordinance shall become effective 30 days after its adoption. APPROVED AS TO FORM: _________________________ Douglas Sloan, City Attorney 10.B.a Packet Pg. 1162 Attachment: 2023.07.25 - Promenade IZO [Revision 1] (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) From:Andrew Thomas To:councilmtgitems Subject:Promenade Revitalization and the Downtown Interim Zoning Ordinance Update - July 25, 2023 Santa Monica City Council Agenda Item 10B Date:Friday, July 21, 2023 12:35:56 PM Attachments:Downtown IZO Letter of Support, July 21, 2023.pdf EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and Honorable Council Members, At the July 20, 2023, DTSM, Inc. Board of Directors meeting, the DTSM, Inc. Board unanimously supported the proposed interim zoning ordinance to promote economic recovery in the City’s Downtown Districts, including the Third Street Promenade Area. Earlier zoning amendments have been critical to the economic recovery efforts in Downtown Santa Monica. DTSM, Inc. asks the Santa Monica City Council to support the City staff recommendation for this agenda item (10.B) at the Council meeting on July 25, 2023. The DTSM, Inc. Board believes that the proposed amendments will continue the City’s economic recovery goals and support the City’s efforts to be flexible and innovative in attracting businesses to Downtown. These amendments will encourage entertainment and nightlife uses to choose the Third Street Promenade Area District, and loosened alcohol restrictions will enable our businesses to benefit from an important economic driver. Allowing the Director of Community Development to consider commercial uses not clearly defined in the Zoning Code, and extending the number of days covered by Temporary Use Permits, will ensure exciting new uses can join our Downtown and have the greatest chance of success. We also appreciate the inclusion of amendments to activate the rooftops of our Downtown parking structures, and we look forward to welcoming an outdoor cinema concept to the rooftop of Parking Structure 6. For the reasons listed above, DTSM, Inc. supports the proposed interim zoning ordinance to promote economic recovery and encourages you to support the City staff recommendations. Sincerely, Andrew Thomas, CEO, Downtown Santa Monica, Inc. cc: DTSM, Inc. Board of Directors DTSM, Inc. Staff David White, City Manager David Martin, Community Development Director Jennifer Taylor, Economic Development Manager ITEM 10.B. JULY 25, 2023 ITEM 10.B. JULY 25, 2023 10.B.b Packet Pg. 1163 Attachment: Written Comments (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) Andrew Thomas, LPM Chief Executive Officer Downtown Santa Monica, Inc. 1351 Third Street Promenade, Ste. 201 Santa Monica, CA 90401 310.393.8355 (Office) www.DowntownSM.com Instagram | Twitter | Facebook | TikTok Sign up for our newsletter ITEM 10.B. JULY 25, 2023 ITEM 10.B. JULY 25, 2023 10.B.b Packet Pg. 1164 Attachment: Written Comments (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) July 21,2023 Mayor Davis, Mayor Pro Tem Negrete, and Santa Monica City Council Members City of Santa Monica 1685 Main Street Santa Monica,CA 90401 Re:Promenade Revitalization and the Downtown Interim Zoning Ordinance Update -July 25,2023 Agenda Item 10B Dear Mayor Davis,Mayor Pro Tem Negrete,and Honorable Council Members, At the July 20,2023,DTSM,Inc.Board of Directors meeting,the DTSM,Inc.Board unanimously supported the proposed interim zoning ordinance to promote economic recovery in the City’s Downtown Districts,including the Third Street Promenade Area.Earlier zoning amendments have been critical to the economic recovery efforts in Downtown Santa Monica.DTSM,Inc.asks the Santa Monica City Council to support the City staff recommendation for this agenda item (10.B)at the Council meeting on July 25,2023. The DTSM,Inc.Board believes that the proposed amendments will continue the City’s economic recovery goals and support the City’s efforts to be flexible and innovative in attracting businesses to Downtown. These amendments will encourage entertainment and nightlife uses to choose the Third Street Promenade Area District,and loosened alcohol restrictions will enable our businesses to benefit from an important economic driver. Allowing the Director of Community Development to consider commercial uses not clearly defined in the Zoning Code,and extending the number of days covered by Temporary Use Permits,will ensure exciting new uses can join our Downtown and have the greatest chance of success.We also appreciate the inclusion of amendments to activate the rooftops of our Downtown parking ITEM 10.B. JULY 25, 2023 ITEM 10.B. JULY 25, 2023 10.B.b Packet Pg. 1165 Attachment: Written Comments (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) structures,and we look forward to welcoming an outdoor cinema concept to the rooftop of Parking Structure 6. For the reasons listed above,DTSM,Inc.supports the proposed interim zoning ordinance to promote economic recovery and encourages you to support the City staff recommendations. Sincerely, Andrew Thomas,CEO Downtown Santa Monica,Inc. cc:DTSM,Inc.Board of Directors DTSM,Inc.Staff David White,City Manager David Martin,Community Development Director Jennifer Taylor,Economic Development Manager 1351 Third Street Promenade,Suite 201,Santa Monica,CA I 310.393.8355 I info@downtownsm.com ITEM 10.B. JULY 25, 2023 ITEM 10.B. JULY 25, 2023 10.B.b Packet Pg. 1166 Attachment: Written Comments (5779 : Third Street Promenade Entertainment District Implementation (45 mins)) City CouncilInterim Zoning Ordinance Third Street Promenade & Economic Recovery July 25, 2023 10.B.c Packet Pg. 1167 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment Promenade IZO Background | Continued Support in Economic Recovery for Businesses October 11, 2022 | Citywide & Promenade Economic Recovery Amendments  Streamlined Review for Commercial Uses, Expanded Alcohol Exemptions  Allowed Greater Flexibility in Reoccupying Existing Tenant Spaces  Relaxed Parking & Loading Requirements for Changes of Use  Established the “Third Street Promenade Area”  Third Street Promenade  South Side Wilshire  East Side 4th Street  North Side Broadway  West Side 2nd Street 10.B.c Packet Pg. 1168 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment Promenade IZO Background | Continued Support in Economic Recovery for Businesses March 14, 2023 | Outdoor Space Program  For Businesses Using Outdoor Space on Privately-Owned Commercial Property  Restaurants, Fitness, Personal Services, Retail, etc.  Encourages Use of Outdoor Space/Supportive of Economic Recovery January 24, 2023 | Council Discussion – Strategies to Revitalize the Promenade  1200 Block: Consider an Arts and Entertainment District  Expand Outdoor Dining Opportunities  Promote Available Tenant Space and Development Opportunities  Expand Allowable Commercial Uses  Partner with DTSM on Street Performers 10.B.c Packet Pg. 1169 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment Proposed Promenade IZO 1. Allows greater flexibility for restaurants that provide entertainment within the Third Street Promenade Area 2. Expands Alcohol Exemption (AE) permits to other uses for further streamlining review, corrects/refines existing AE conditions 3. Allows outdoor rooftop commercial uses on public parking structures owned by the City 4. Allows Director of Planning to consider commercial uses that are not clearly defined in the Zoning Code 5. Allows longer term for Temporary Use Permits (6 months) 10.B.c Packet Pg. 1170 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment Restaurants with Entertainment  Allows greater flexibility/options for restaurants to provide entertainment within the Third Street Promenade Area  Encourages a more active nightlife/entertainment presence Restaurants w/Entertainment Standards (Citywide): Purpose  To ensure that restaurants do not operate as bars/nightclubs which typically require Conditional Use Permits  Changes would eliminate restrictions on dancing, checking ID upon entry, bottle service, pub crawl events, pool tables/arcade games/etc, storefront improvements for amplified music 10.B.c Packet Pg. 1171 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment Alcohol Exemptions  Expand Eligible Uses & Update Operational Standards ZO Amendments (2022): Expanded to Bars/Nightclubs, Retail, Liquor Stores  Expand AE Eligibility & Establish Operational Standards for the following: Outdoor Rooftop Uses | Cultural Facilities | Instructional Services Commercial Entertainment/Recreation | Convenience Markets  Updated Operational Standards for the following: Restaurants | Bars/Nightclubs/Lounges | Food Halls General Retail Sales | Liquor Stores 10.B.c Packet Pg. 1172 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment Outdoor Rooftop Uses Third Street Promenade Area: Allow certain Outdoor Commercial Uses on the Rooftop of City-Owned Parking Structures. Rooftop Cinemas | Community Assembly | Community Gardens Small/Large Scale Entertainment/Recreation Facilities  Exempt from Floor Area/FAR & Developer Linkage/Impact Fees  Rooftop Cinemas | Allow Projections Above Parking Surface Level: Cinema Screens (25’) | Concession Stands, Restrooms, Storage (15’) 10.B.c Packet Pg. 1173 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment Land Use Flexibility Allows Director of Community Development or designee to consider uses that are not clearly defined in the Zoning Code provided that: Use is similar, consistent with, and no more disturbing or disruptive than uses that are permitted or conditionally permitted within all Downtown Community Plan Districts  Would assist creative and unique business proposals: Hybrid of Uses Uses Restricted Operationally based on Use Classification Definition 10.B.c Packet Pg. 1174 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment Temporary Use Permits | Other Clerical Amendments Temporary Use Permits (Consistent with recent Econ IZO) (Citywide) Allow term of permit up to 180 days without a Minor Use Permit Allow one-time permit extension of 180 days subject to added conditions and findings. Other Clerical Amendments Related to Economic Recovery Third Street Promenade Area: Correcting Bar/Nightclub to Permitted Use, subject to an AE Permit Clarify that Liquor Stores are Permitted Use, subject to an AE Permit 9.28.040(A)(5) Parking Exclusions: Outdoor Space Program: Parking Exclusions language added back to ZO 10.B.c Packet Pg. 1175 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment 1200 Block Promenade | Arts/Entertainment  Proposed changes: streamlined review path for arts/entertainment type uses while staff continues to evaluate the 1200 Block as an active hub.  Encourages a more active nightlife/entertainment presence Future Evaluation of the 1200 Block  Engage with a consultant to explore opportunities on activating public spaces (such as sidewalks for seating/service area) on the Promenade  While providing for public safety and emergency service access on the Third Street Promenade. 10.B.c Packet Pg. 1176 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment Additional Feedback | New Changes  Received additional feedback following posting of Staff Report  SM Place contributes to overall economic vitality of the Promenade Area  SM Place: provide flexibility in land use, restaurant operations. & AE Permits. Staff Recommends the following changes 1. Expand AE Permit Eligible Uses to SM Place (consistent with Third Street Promenade Area) 10.B.c Packet Pg. 1177 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment Additional Feedback | New Changes 2. Section 9.31.290(B): Restaurants w/Entertainment Allow SM Place restaurants to have the same flexibility as Third Street Promenade Area restaurants 3.Land Use Table 9.10.040: Large-Scale Facility (commercial entertainment) Exempt SM Place from Limitation L(21) Limitation L(21): Except in Santa Monica Place, N no individual Fitness Center tenant space shall exceed 100 linear feet of ground floor street frontage without the approval of a Conditional Use Permit. 10.B.c Packet Pg. 1178 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment Proposed Promenade IZO  IZO reflects short/medium-term policy of streamlining the review for restaurants and other uses (museums, instructional uses) seeking to provide alcohol service.  Expands outdoor uses on rooftops of City Parking Structures  Provides immediate Zoning Flexibility in response to feedback from businesses interested in the Promenade area.  Clerical fixes and clarifies zoning language of prior economic recovery- related amendments 10.B.c Packet Pg. 1179 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment Recommendation | Adopt Interim Zoning Ordinance 1.Adopt CEQA finding that IZO Amendments are Categorically Exempt pursuant to Sections 15301, 15303, 15304; 2.Introduce for first reading an IZO to promote economic recovery in the City’s Downtown Districts, including Third Street Promenade Area, and provide other minor and clerical amendments to the Zoning Ordinance related to economic recovery. 10.B.c Packet Pg. 1180 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment Land Use Table 9.10.040: Large-Scale Facility (commercial entertainment) Exempt SM Place from Limitation L(21) Limitation L(21): Except in Santa Monica Place, N no individual Fitness Center tenant space shall exceed 100 linear feet of ground floor street frontage without the approval of a Conditional Use Permit. Attachment A Page 17 10.B.c Packet Pg. 1181 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment D. Alcohol Exemption Zoning Conformance Permit. 1. Citywide Excluding Third Street Promenade Area, Santa Monica Place, and Santa Monica Pier. Except as provided in paragraphs 2 and 3, below, limited and full-service restaurants that offer alcoholic beverages incidental to meal service that are located citywide, excluding in the Third Street Promenade Area and the area bounded by 2nd Street to the west, Broadway to the north, 4th Street to the east, and Colorado to the south, shall be exempt from the provisions of the Conditional Use Permit requirement of subsection B of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions: Attachment A Page 24 10.B.c Packet Pg. 1182 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment 2. Third Street Promenade Area and Santa Monica Place. Notwithstanding the provisions of paragraph 1, above, in the Third Street Promenade Area and the area bounded by 2nd Street to the west, Broadway to the north, 4th Street to the east, and Colorado to the south, the following uses that offer alcoholic beverages incidental to the primary use, including bars/nightclubs/lounges that primarily serve alcoholic beverages, shall be exempt from the provisions of the Conditional Use Permit requirement of subsection B of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions established for each use: Attachment A Page 28 10.B.c Packet Pg. 1183 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment B. Third Street Promenade Area and Santa Monica Place.Notwithstanding the provisions of subsection A, restaurants located in the Third Street Promenade Area and the area bounded by 2nd Street to the west, Broadway to the north, 4th Street to the east, and Colorado to the south,may provide entertainment including but not limited to music, DJs, song, dance, stand-up comedy, and poetry readings for the patrons’ enjoyment if they meet the following standards. Attachment A Page 56 10.B.c Packet Pg. 1184 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment Proposed Promenade IZO Environmental Analysis Categorically Exempt from CEQA Section 15301 (Class 1 Existing Facilities): allows for minor alterations to existing structures to allow proposed land uses. Section 15303 (Class 3 New Construction or Conversion): allows for conversion of land uses and minor construction and conversion of outdoor space Section 15304 (Class 4 Minor Alterations to Land): allows minor temporary use of land having negligible or no permanent effects on the environment (such as temporary uses) 10.B.c Packet Pg. 1185 Attachment: PowerPoint Presentation (5779 : Third Street Promenade Entertainment