SR 08-22-2023 10B
City Council
Report
City Council Meeting: August 22, 2023
Agenda Item: 10.B
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration
Subject: Second Reading and Adoption 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 adopt the attached Ordinance.
Executive Summary
At its meeting on July 25, 2023, the City Council introduced 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. The ordinance is
now presented to the City Council for adoption.
Prepared By: Bradley Michaud, Principal Legal Analyst
Approved
Forwarded to Council
Attachments:
A. PL-ORD-Promenade IZO 2d
10.B
Packet Pg. 331
1
City Council Meeting: August 23, 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
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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
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COVID-19, amending and superseding its earlier March 16, 2020 Order, closing all
nonessential businesses, and limiting gatherings to 9 people or less; and
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
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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
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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
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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;
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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
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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;
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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
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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
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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 disruptive than Permitted uses. The table also notes additional
use regulations that apply to various uses. Section numbers in the right-hand column refer
to other Sections of this Ordinance.
.
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
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.
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
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.
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 - -
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.
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) 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(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) 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. 345 Attachment: PL-ORD-Promenade IZO 2d (5907 : Third Street IZO - Second Reading)
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. 346 Attachment: PL-ORD-Promenade IZO 2d (5907 : Third Street IZO - Second Reading)
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. 347 Attachment: PL-ORD-Promenade IZO 2d (5907 : Third Street IZO - Second Reading)
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) Except in Santa Monica Place, 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
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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
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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
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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
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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
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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.
(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. 353 Attachment: PL-ORD-Promenade IZO 2d (5907 : Third Street IZO - Second Reading)
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
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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, 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:
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;
10.B.a
Packet Pg. 355 Attachment: PL-ORD-Promenade IZO 2d (5907 : Third Street IZO - Second Reading)
25
e. Sale of alcoholic beverages for consumption beyond the premises
shall be permitted if authorized by the premises’ California Alcoholic Beverage
Control (“ABC”) license;
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
10.B.a
Packet Pg. 356 Attachment: PL-ORD-Promenade IZO 2d (5907 : Third Street IZO - Second Reading)
26
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.
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
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27
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
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
10.B.a
Packet Pg. 358 Attachment: PL-ORD-Promenade IZO 2d (5907 : Third Street IZO - Second Reading)
28
these conditions of approval. Minor amendments to the plans shall be subject to
approval by the Director;
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 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:
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.
10.B.a
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29
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;
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
10.B.a
Packet Pg. 360 Attachment: PL-ORD-Promenade IZO 2d (5907 : Third Street IZO - Second Reading)
30
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.
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.
10.B.a
Packet Pg. 361 Attachment: PL-ORD-Promenade IZO 2d (5907 : Third Street IZO - Second Reading)
31
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
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.
10.B.a
Packet Pg. 362 Attachment: PL-ORD-Promenade IZO 2d (5907 : Third Street IZO - Second Reading)
32
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
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
10.B.a
Packet Pg. 363 Attachment: PL-ORD-Promenade IZO 2d (5907 : Third Street IZO - Second Reading)
33
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 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.
10.B.a
Packet Pg. 364 Attachment: PL-ORD-Promenade IZO 2d (5907 : Third Street IZO - Second Reading)
34
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
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
10.B.a
Packet Pg. 365 Attachment: PL-ORD-Promenade IZO 2d (5907 : Third Street IZO - Second Reading)
35
development shall be consistent with such plans. Minor amendments to the
plans shall be subject to approval by the Director.
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
10.B.a
Packet Pg. 366 Attachment: PL-ORD-Promenade IZO 2d (5907 : Third Street IZO - Second Reading)
36
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.
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
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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. 368 Attachment: PL-ORD-Promenade IZO 2d (5907 : Third Street IZO - Second Reading)
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. 369 Attachment: PL-ORD-Promenade IZO 2d (5907 : Third Street IZO - Second Reading)
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. 370 Attachment: PL-ORD-Promenade IZO 2d (5907 : Third Street IZO - Second Reading)
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. 371 Attachment: PL-ORD-Promenade IZO 2d (5907 : Third Street IZO - Second Reading)
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
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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. 373 Attachment: PL-ORD-Promenade IZO 2d (5907 : Third Street IZO - Second Reading)
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. 374 Attachment: PL-ORD-Promenade IZO 2d (5907 : Third Street IZO - Second Reading)
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.
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.
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
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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. 376 Attachment: PL-ORD-Promenade IZO 2d (5907 : Third Street IZO - Second Reading)
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. 377 Attachment: PL-ORD-Promenade IZO 2d (5907 : Third Street IZO - Second Reading)
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.
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.
10.B.a
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48
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
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.
10.B.a
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49
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
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,
10.B.a
Packet Pg. 380 Attachment: PL-ORD-Promenade IZO 2d (5907 : Third Street IZO - Second Reading)
50
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.
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,
10.B.a
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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
A. Except as provided in subsection B, below, restaurants 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.
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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.
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. 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.
1. There is sit down meal service provided at all times while the entertainment
is taking place.
2. The entertainment is provided indoors only within the dining areas.
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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.
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;
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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,
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.
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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,
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.
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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.
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 180 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;
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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 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 180 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 180 consecutive calendar days shall require the
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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.
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
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