SR 12-12-2023 10B
City Council
Report
City Council Meeting: December 12, 2023
Agenda Item: 10.B
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and First Reading of an Interim Zoning Ordinance Extending
Interim Zoning Regulations Adopted by Interim Zoning Ordinance 2764 (CCS)
to Amend the Text of the Zoning Ordinance to: (1) Replace the Term “Medical
Marijuana Dispensary” with “Medicinal Cannabis Retailer”; (2) Remove
Certain Requirements for Medicinal Cannabis Retailers for Consistency with
State Law; and (3) Permit Medicinal Cannabis Retailers To Deliver, Cultivate,
and Sell Adult-Use Cannabis or Adult-Use Cannabis Products to Persons 21
Years of Age and Over
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15061(b)(3)
(Common Sense Exemption) of the California Environmental Quality Act (CEQA)
Guidelines.
2. Introduce for first reading an Interim Zoning Ordinance extending interim zoning
regulations adopted by Interim Zoning Ordinance 2764 (CCS) amending the text
of the Zoning Ordinance to replace the term “Medical Marijuana Dispensary” with
“Medicinal Cannabis Retailer”, to remove certain requirements for Medicinal
Cannabis Retailers for consistency with State law, and to permit Medicinal
Cannabis Retailers to sell adult-use cannabis or adult-use cannabis products to
persons 21 years of age and over.
Summary
On October 24, 2023, Council adopted Interim Ordinance Number 2764 (CCS) (IZO
2764) which adopted interim zoning regulations to replace the term “Medical Marijuana
Dispensary” with “Medicinal Cannabis Retailer,” to remove certain requirements for
Medicinal Cannabis Retailers for consistency with State law, and to permit Medicinal
Cannabis Retailers to sell adult-use cannabis or adult-use cannabis products to persons
21 years of age and over. In accordance with Santa Monica Municipal Code Section
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9.46.090(C), IZO 2764 becomes effective on December 14, 2023, and is set to expire
on February 12, 2024. Staff proposes an extension of the interim zoning regulations that
would continue until February 12, 2026. Over this timeframe, staff will return to Council
with an ordinance allowing for adult-use cannabis retail business and non-retail
business types within the City and will conduct an equity study and create a cannabis
social equity program to help ensure that the communities most impacted by federal
and state cannabis enforcement policies are provided an opportunity to benefit from the
cannabis industry. Depending on the circumstances, Council could make amendments
to the IZO or repeal it.
Discussion
The City of Santa Monica first adopted regulations for medical marijuana (medicinal
cannabis) in June of 2015 as a part of the City’s comprehensive Zoning Ordinance
update (Article 9 of the Santa Monica Municipal Code) which enabled up to two
medicinal cannabis retailers within the City subject to a regulatory permit and selection
process. All other cannabis-related uses were prohibited. The dispensaries were
allowed only along limited sections of Wilshire Boulevard and Santa Monica Boulevard
within the Mixed-Use Boulevard Low (MUBL), Mixed-Use Boulevard (MUB) or General
Commercial (GC) zones subject to a Conditional Use Permit.
On October 24, 2017, the City Council adopted an Interim Zoning Ordinance (IZO)
adding Section 6.200 to the Santa Monica Municipal Code, which established general
regulations and definitions for commercial cannabis activities, including a regulatory
permit process for medicinal cannabis retailers and light (non-volatile) manufacturing.
The IZO also made other changes as needed including replacing the term “Medical
Marijuana Dispensary” with “Medicinal Cannabis Retailer” and removing certain
requirements for Medicinal Cannabis Retailers in SMMC Section 9.31.185 for
consistency with State law. The ordinance prohibited all adult-use commercial cannabis
activities including retail, cultivation, testing, distribution, and manufacturing. The IZO
has subsequently expired. After a prolonged selection process, two medicinal cannabis
retailers were selected. One of the retailers began operations recently at 925 Wilshire
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Boulevard. The second retailer located at 1416 Wilshire Boulevard is still in the
permitting process.
California’s cannabis regulations allow that cannabis can be sold commercially for either
medicinal or recreational adult-use purposes. Medicinal cannabis is available only to
persons 18 years or older who have a valid recommendation from a physician.
Medicinal cannabis patients also have the option of obtaining a State-issued Medical
Cannabis Identification Card (MMIC), but this is not required. Both the physician’s
recommendation and the identification card are required to be renewed every year. Only
3,199 such cards were issued in all of California in 2022. Adult-use cannabis can be
sold to anyone age 21 years or older without a physician’s recommendation.
The State of California’s Department of Cannabis Control (DCC) may issue licenses for
either medicinal (M) or adult-use (A), or for both medicinal and adult-use (M/A). Initially,
California’s cannabis program required that all cannabis and cannabis products had to
be designated for either the medicinal or adult-use market through all stages of the
supply chain, but later revisions changed this so that product grown or manufactured for
either market can be shifted to the other up until the point of sale. This makes the
medicinal or adult-use designation largely meaningless for wholesale cannabis
businesses as it does not predetermine how the product will eventually be sold.
Of over 11,000 DCC business licenses in California, 1,360 are for medicinal cannabis
only (12%). The rest are for either adult-use or for both medicinal and adult-use. Among
the state’s 1,891 retailers (including retailing microbusinesses), only 31 are licensed for
just medicinal cannabis sales.
Medicinal cannabis is estimated to make up only around 9% of cannabis retail sales in
California. The primary advantage for consumers to purchase cannabis through the
medicinal market is an exemption from regular sales tax only for those qualifying
patients who present a Medical Marijuana Identification Card at the time of purchase (a
savings of 7.25% to 10.25%, depending on the jurisdiction). The small number of
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patients with valid MMIC cards makes their impact on tax revenues statistically
insignificant.
Expanding adult-use cannabis retail in the City can also help with economic recovery
efforts. As a result of the COVID-19 Declaration of Emergency, the City of Santa
Monica, County of Los Angeles, and State of California maintained public health
measures that included, at differing times, strict limitations on public gatherings,
required closures of certain businesses, and strict limitations and protocols for the
operations of businesses permitted to remain open. The local, state, and federal
emergency declarations have since concluded, but the economic impacts of the
COVID19 closures of, and limitations on, businesses and resulting behavior changes
continue to affect the local Santa Monica economy. As the commercial and economic
landscape evolves, the City’s economic recovery and competitive advantage will
depend on its ability to deliver on a diverse range of unique dining, retail, commercial,
and entertainment uses and other revenue streams. 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.
Accordingly, on July 26, 2022, the City Council voted to place a cannabis business
license tax measure (Measure HMP) on the November 2022 ballot, imposing a tax on
all commercial cannabis activities at initial rates of 3% of gross receipts for adult-use
cannabis retailers, 2% for medicinal cannabis retailers, and 1% on other cannabis 5 of 9
business types. Measure HMP was approved by over 66% of voters in November 2022.
The voter-approved rates are included in Santa Monica Municipal Code (SMMC)
Chapter 6.204.
At its June 13, 2023, study session, City Council considered various policy
considerations for allowing adult-use cannabis businesses and other non-retail cannabis
business types within the City and directed staff to return to Council with an Ordinance
permitting the two previously approved Medicinal Cannabis Retailers to sell adult-use
cannabis.
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On November 14, 2023, Council adopted IZO 2764 replacing the term “Medical
Marijuana Dispensary” with “Medicinal Cannabis Retailer”, removing certain
requirements for Medicinal Cannabis Retailers for consistency with State law, and
permitting Medicinal Cannabis Retailers to sell adult-use cannabis or adult-use
cannabis products to persons 21 years of age and over. Council added a requirement to
the IZO that the sale of adult-use cannabis or adult-use cannabis products to persons
21 years of age and over shall be permitted only if a regulatory permit for adult-use
cannabis has been obtained by the two retailers by June 1, 2024.
The interim ordinance becomes effective on December 14, 2023, and is set to expire on
February 12, 2024. Council may extend the interim ordinance until December 14, 2028,
allowing the IZO to be in effect up to 60 months in accordance with Santa Monica
Municipal Code (SMMC) Section 9.46.090(C).
Staff recommends extension of the IZO for 24 months until February 12, 2026. The
proposed extension would allow staff to return to Council with an ordinance allowing for
adult-use cannabis retail business and non-retail business types within the City and to
conduct an equity study and create a cannabis social equity program to help ensure that
the communities most impacted by federal and state cannabis enforcement policies are
provided an opportunity to benefit from the cannabis industry. The proposed extension
would not preclude Council from revisiting the IZO prior to its expiration to potentially
amend the provisions or duration of the IZO. Depending on the circumstances, Council
could make amendments to the IZO or repeal it.
Past Council Actions
Meeting Date Description
10/24/17 (attachment A) Adoption of Interim Ordinance Replacing the Term "Medical
Marijuana Dispensary" with "Medicinal Cannabis Retailer"
Throughout the City's Zoning Ordinance, Chapter 9.01 Through
Chapter 9.52 of Article 9 of the Santa Monica Municipal Code;
Creating a Definition for "Medicinal Cannabis Retailer" to
Replace the Definition for "Medical Marijuana Dispensary" to
Conform With State Law; Removing Certain Requirements for
Medicinal Cannabis Retailers for Consistency with State Law
and to Allow for Separate Regulation and Rulemaking; and
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Modifying the Definition of "Industry, Limited" to Allow for
Medicinal Cannabis Light Manufacturing
02/25/20 (attachment B) Adoption of Interim Zoning Ordinance Extending Interim Zoning
Ordinances Number 2557 (CCS) and 2566 (CCS), Which
Replaced the Term "Medical Marijuana Dispensary" with
"Medicinal Cannabis Retailer" Throughout the City's Zoning
Ordinance, Chapter 9.01 Through Chapter 9.52 of Article 9 of
the Santa Monica Municipal Code; Created a Definition for
"Medicinal Cannabis Retailer" to Replace the Definition for
"Medical Marijuana Dispensary" to Conform with State Law;
Removed Certain Requirements for Medicinal Cannabis
Retailers for Consistency with State Law and to Allow for
Separate Regulation and Rulemaking; and Modified the
Definition of "Industry, Limited" to Allow for Medicinal Cannabis
Light Manufacturing
06/13/23 (attachment C) Adult-Use Cannabis Study Session
11/14/23 (attachment D) Adoption of an Interim Zoning Ordinance amending the text of
the Zoning Ordinance to replace the term “Medical Marijuana
Dispensary” with “Medicinal Cannabis Retailer”, to remove
certain requirements for Medicinal Cannabis Retailers for
consistency with State law, and to permit Medicinal Cannabis
Retailers to deliver, cultivate, and sell adult-use cannabis or
adult-use cannabis products to persons 21 Years of Age and
Over
Environmental Analysis
The proposed interim ordinance is categorically exempt from the provisions of California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State
Implementation Guidelines (common sense exemption). Based on the evidence in the
record, it can be seen with certainty that there is no possibility that the proposed interim
ordinance may have a significant effect on the environment. The change in terminology
from “Medical Marijuana Dispensary” to “Medicinal Cannabis Retailer” and the
additional revisions to the requirements for Medicinal Cannabis Retailers within the City
are consistent with recent changes to State law. The sale of adult-use cannabis or
adult-use cannabis products at Medicinal Cannabis Retailers with active Conditional
Use Permits are consistent with existing land uses and will not change the approved
commercial land use for these locations. (See e.g., Lucas v. City of Pomona (2023) 92
Cal.App.5th 508 (holding that substantial evidence supported city’s determination that
proposed commercial cannabis activities were exempt from CEQA as consistent with
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existing retail land uses and density covered by previous EIR). Therefore, no further
environmental review under CEQA is required.
Financial Impacts and Budget Actions
There is no budget action necessary as a result of the recommended action. Staff has
not included tax revenue projections associated with adult-use cannabis sales in the FY
2023-24 budget; however, the potential revenue anticipated from the currently
authorized businesses is nominal. Future year revenues based on the upcoming
ordinance will be included in future year budgets.
Prepared By: Tony Kim, Principal Planner
Approved
Forwarded to Council
Attachments:
A. Interim Zoning Ordinance Extension
B. October 24, 2017 Council Meeting Cannabis Interim Zoning Ordinance (Web
Link)
C. February 25, 2020 Council Meeting Cannabis Interim Zoning Ordinance
Extension (Web Link)
D. June 13, 2023 Council Meeting Adult-Use Cannabis Study Session
E. November 14, 2023 Council Meeting Adult-Use Cannabis Interim Zoning
Ordinance (Web Link)
F. PowerPoint Presentation
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City Council Meeting: December 12, 2023 Santa Monica, California
ORDINANCE NUMBER _____ (CCS)
(City Council Series)
AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA EXTENDING INTERIM ZONING ORDINANCE NO. 2764 AND
AMENDING THE TEXT OF THE ZONING ORDINANCE TO: (1) REPLACE THE
TERM “MEDICAL MARIJUANA DISPENSARY” WITH “MEDICINAL CANNABIS
RETAILER”; (2) REMOVE CERTAIN REQUIREMENTS FOR MEDICINAL
CANNABIS RETAILERS FOR CONSISTENCY WITH STATE LAW; AND (3)
PERMIT MEDICINAL CANNABIS RETAILERS TO SELL ADULT-USE
CANNABIS OR ADULT-USE CANNABIS PRODUCTS TO PERSONS 21
YEARS OF AGE AND OVER
WHEREAS, the State of California has a long history of regulating cannabis
uses within the State; and
WHEREAS, in 1996, California voters approved Proposition 215 (codified
at Health and Safety Code section 11362.5 and titled the “Compassionate Use Act
of 1996”), which provides criminal immunity for patients and primary caregivers for
the cultivation and possession of cannabis if a doctor has recommended the
cannabis for medical purposes; and
WHEREAS, in 2004, Senate Bill 420 was enacted (codified at Health and
Safety Code section 11362.7 et seq. and titled the “Medical Marijuana Program
Act”) to clarify the scope of the Compassionate Use Act of 1996; and
WHEREAS, the Medical Marijuana Program Act allows cities and other
governing bodies to adopt and enforce laws consistent with its provisions; and
WHEREAS, in 2015, Assembly Bills 243 and 266 and Senate Bill 643 were
enacted (codified at Business and Professions Code section 19300 et seq. and
titled the “Medical Marijuana Regulation and Safety Act”) and provided for
enhanced statewide marijuana regulations; and
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WHEREAS, in November 2016, voters approved Proposition 64, the Adult
Use of Marijuana Act (“AUMA”), which allows adults 21 years of age or older to
legally grow, possess, and use cannabis for nonmedicinal purposes, with certain
restrictions; and
WHEREAS, the AUMA authorizes the sale and distribution of cannabis for
nonmedicinal purposes through a licensed business; and
WHEREAS, in 2017, the State legislature enacted Senate Bill 94 which
created the Medicinal and Adult-Use Cannabis Regulation and Safety Act
(“MAUCRSA”) and established regulations for the medicinal and adult-use
cannabis markets, aligned all permit types, and authorized certain state agencies
to establish rules governing cannabis operations and to implement the law; and
WHEREAS, MAUCRSA continues to preserve local control over cannabis -
related uses by: (1) requiring medicinal cannabis businesses to obtain both a state
license and a local license or permit, if required, to operate legally in California, (2)
terminating the ability of a medicinal cannabis business to operate if its local
license or permit is terminated, (3) continuing to authorize local governments to
enforce local cannabis-related laws, (4) providing for penalties for unlicensed
activities, and (5) expressly protecting local licensing practices, zoning and
business regulation laws, and local actions taken under the constitutional police
power; and
WHEREAS, consistent with State actions, City Council, when adopting its
comprehensive update to its Zoning Ordinance in 2015, contemplated authorizing
two medicinal cannabis retailers within the City to serve local needs; and
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WHEREAS, on October 24, 2017, the City Council adopted an Interim
Zoning Ordinance (IZO) which replaced the term “medical marijuana dispensary”
with “medicinal cannabis retailer” throughout the Zoning Ordinance; created a
definition for “medicinal cannabis retailer” to replace the definition for “medical
marijuana dispensary” to conform with State law; removed certain requirements
for medicinal cannabis retailers for consistency with State law and to allow for
separate and more effective regulatory rulemaking; and modified the definition of
“industry, limited” to allow for medicinal cannabis light manufacturing; and
WHEREAS, that IZO initially prohibited all adult-use commercial cannabis
activities, including retail, cultivation, testing, distribution, and manufacturing; and
WHEREAS, since then, the City has commenced a prolonged medicinal
cannabis retailer selection process and issued two permits for the operation of
medicinal cannabis retailers in the City; and
WHEREAS, the IZO was extended on several occasions and has since
expired, causing the terminology, definitions, and other modified use standards to
revert back to the previous outdated language in the Zoning Ordinance; 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 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;
and
WHEREAS, on March 16, 2020, the Director of Emergency Services issued
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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 COVID-19, amending and superseding its earlier March 16, 2020
Order, closing all nonessential businesses, and limiting gatherings; 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, the local, state, and federal COVID-19 emergency declarations
have since concluded, but the economic impacts of the COVID-19 closures of, and
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limitations on, businesses have been and continue to be devastating to the local
Santa Monica economy; and
WHEREAS, as the commercial and economic landscape evolves, the City’s
economic recovery and competitive advantage will depend on its ability to deliver
on a diverse range of unique dining, retail, commercial, and entertainment uses;
and
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, on May 10, 2022, City Council requested that the City Manager
schedule a study session as soon as practicable regarding whether to allow for the
sale of nonmedicinal cannabis in the City of Santa Monica; and
WHEREAS, on July 26, 2022, in line with potential economic recovery
efforts, the City Council voted to place a cannabis business license tax measure
(Measure HMP) on the ballot, imposing a tax on all commercial cannabis activities;
and
WHEREAS, in the November 2022 election, the voters approved Measure
HMP; and
WHEREAS, on June 13, 2023, City Council held a study session where it:
(1) considered key policy considerations for allowing adult -use cannabis
businesses and other non-retail cannabis business types within the City of Santa
Moncia; (2) discussed options for allowing adult-use cannabis sales and
associated regulatory restrictions as may be appropriate; and (3) provided
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direction to staff on bringing back changes to the Municipal Code to allow for adult-
use cannabis retail businesses and non-retail cannabis business types within the
City; and
WHEREAS, at the June 13, 2023, study session, City Council directed staff
to return with an ordinance amendment allowing the previously approved medicinal
cannabis retailers to also sell adult-use cannabis while the permanent adult-use
cannabis updates are pending; and
WHEREAS, on November 14, 2023, City Council the adopted IZO No.
2764, which: (1) updated the interim regulations in order to allow the two approved
medicinal cannabis retailers to also sell adult-use cannabis; and (2) made the
same changes to the terminology, definitions, and use standards as the prior 2017
IZO to be consistent with State law and the cannabis industry; and
WHEREAS, IZO No. 2764 will become effective December 14, 2023, and it
is set to expire 60 days thereafter on February 12, 2024; and
WHEREAS, as the City continues to support local businesses during this
next phase of economic recovery following the pandemic, and contingent upon the
effective date of IZO No. 2764, the City Council desires to extend IZO No. 2764
for two years in accordance with SMMC 9.46.090(C), with a new expiration date
of February 12, 2026, to allow adequate time for staff to further evaluate the results
of the land use changes included in the IZO and to develop a permanent adult-use
cannabis program; and
WHEREAS, the proposed extension would not preclude Council from
revisiting the IZO prior to its expiration to potentially amend the provisions or
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duration thereof where necessary; and
WHEREAS, the extension of and amendments to the interim zoning
regulations set forth in this IZO extension support local business retention and
promote new business opportunities addressing the needs of the business
community and residents by expanding opportunities within the City; and
WHEREAS, the City Council finds and declares that there continues to exist
a current and immediate threat to the public health, safety and general welfare that
requires the extension of the IZO to allow for economic recovery within the City by
expanding permitted cannabis use and to also update the Zoning Ordinance to
extinguish any inconsistencies with State law and the cannabis industry.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Interim Zoning Regulations. Santa Monica Municipal Code
Chapters 9.01 through 9.52 are hereby amended as follows:
(a) The term “Medical Marijuana Dispensary” shall be replaced with
“Medicinal Cannabis Retailer” throughout.
(b) Santa Monica Municipal Code Section 9.31.185 is hereby amended
as follows:
9.31.185 Medicinal Cannabis Retailers
A. Purpose. The purpose of this subsection is to ensure that the development
of Medicinal Cannabis Retailers does not adversely impact adjacent parcels or the
surrounding neighborhoods in which they are located and that they will be
developed in a manner that protects the health, safety, and general welfare of
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nearby residents and businesses while providing for the needs of all segments of
the community. Medicinal Cannabis Retailers shall be permitted, located,
developed, and operated consistent with the following development standards:
B. Conditional Use Permit. Each Medicinal Cannabis Retailer shall be
subject to the approval of a Conditional Use Permit by the Planning Commission,
appealable to the City Council.
C. Number and Location. A maximum of 2 Medicinal Cannabis Retailers no
larger than 2,500 square feet shall be permitted. Medicinal Cannabis Retailers are
prohibited within 600 feet of a Child Care and Early Education or Family Day Care
Facility, park, school, library, Social Service Center, or other Medicinal Cannabis
Retailer. The distance shall be established on the date of application for the
Conditional Use Permit.
D. Hours of Operation. Medicinal Cannabis Retailers may be operated
between the hours of 10:00 a.m. and 8:00 p.m. Monday through Saturday and
12:00 p.m. to 7:00 p.m. on Sundays.
E. Recommendations. No recommendations for medicinal cannabis shall be
issued on-site.
F. Delivery. Delivery of medicinal cannabis to patients or primary care givers
as defined in Health and Safety Code Section 11362.5 et seq. is permitted.
G. Source Requirement. Only medicinal cannabis cultivated in California may
be sold in a Medicinal Cannabis Retailer.
H. On-Site Cultivation. A maximum area of 15% of the total floor area may
be used for on-site cultivation.
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I. Litter. Outdoor trash receptacles shall be available near the entrances to
and exits from the establishment. The premises shall be continuously maintained
in a safe, clean, and orderly condition with twice daily litter pick-up within 500 feet
of the Medicinal Cannabis Retailer.
J. Inspections. A Medicinal Cannabis Retailer owner shall authorize
reasonable City inspection of the property by Santa Monica Code Enforcement
and Police staff or other agents or employees of the City to ensure compliance
with the conditions of approval imposed by the City in approving this project and
will bear the reasonable cost of these inspections as established by Santa Monica
Municipal Code Section 2.72.010 and Resolution No. 9905 (CCS) or any
successor legislation thereto. These inspections shall be no more intrusive than
necessary to ensure compliance with conditions of approval.
K. Enforcement Cooperation. A Medicinal Cannabis Retailer, and all
employees thereof, shall use best efforts to assist the police in investigating and
prosecuting any violations of this Chapter consistent with constitutional provisions.
L. Sale of Adult-Use Cannabis or Adult-Use Cannabis Products.
Notwithstanding anything to the contrary in this Section or Municipal Code,
Medicinal Cannabis Retailers that have been issued a Conditional Use Permit as
of October 10, 2023 shall be permitted to deliver and sell adult-use cannabis or
adult-use cannabis products, as licensed and regulated by Business and
Professions Code Section 26000 et seq., to persons 21 years of age and over,
only if a regulatory permit for adult-use cannabis has been obtained by June 1,
2024. Only cannabis cultivated within California may be sold in accordance with
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this subsection. Cannabis shall not be consumed or used at the subject property.
Conditions of a Conditional Use Permit issued to a Medicinal Cannabis Retailer
eligible to sell adult-use cannabis or adult-use cannabis products under this
subsection L that prohibit or otherwise interfere with the sale of adult-use cannabis
or adult-use cannabis products shall not be enforced by the City in accordance
with the permissions set forth in this subsection L. All remaining Conditional Use
Permit conditions shall be subject to enforcement and will apply equally to adult-
use cannabis.
(c) SMMC Section 9.51.030 is hereby amended to read as follows:
9.51.030 Nonresidential Use Classifications
A. Public and Semi-Public Use Classifications.
1. Adult Day Care. Establishments providing non-medical care for
persons 18 years of age or older on a less than 24-hour basis licensed by the State
of California.
2. Cemetery. Establishments primarily engaged in operating sites or
structures reserved for the interment of human or animal remains, including
mausoleums, burial places, and memorial gardens.
3. Child Care and Early Education Facility. Establishments
providing non-medical care for persons less than 18 years of age on a less than
24-hour basis other than family day care (small and large). This classification
includes commercial and nonprofit nursery schools, preschools, day care facilities
for children, and any other day care facility licensed by the State of California. See
Division 3, Section 9.31.120, Child Care and Early Education Facilities, for further
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details.
4. College and Trade School. Institutions of higher education
providing curricula of a general, religious or professional nature, typically granting
recognized degrees, including conference centers and academic retreats
associated with such institutions. This classification includes junior colleges,
business and computer schools, management training, technical and trade
schools, but excludes personal instructional services such as music lessons.
5. Community Assembly. A facility for public or private meetings
including community centers, banquet centers, religious assembly facilities, civic
auditoriums, union halls, meeting halls for clubs and other membership
organizations. This classification includes functionally related facilities for the use
of members and attendees such as kitchens, multi-purpose rooms, and storage. It
does not include gymnasiums or other sports facilities, convention centers, or
facilities, such as day care centers and schools that are separately classified and
regulated. See Division 3, Section 9.31.100, Community Assembly, for further
details.
6. Community Garden. An area of land managed and maintained by
a public or nonprofit organization or a group of individuals to grow and harvest food
crops and/or ornamental crops, such as flowers, for personal or group use,
consumption, or donation. Community gardens may be divided into separate plots
for cultivation by one or more individuals or may be farmed collectively by members
of the group and may include common areas maintained and used by group
members. Community gardens may be accessory to public or institutional uses
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such as parks, schools, community centers, or religious assembly uses. This
classification does not include gardens that are on a property in residential use
when access is limited to those who reside on the property. Community gardens
do not include medical marijuana collectives.
7. Cultural Facility. Facilities engaged in activities to serve and
promote aesthetic and educational interest in the community that are open to the
public on a regular basis. This classification includes performing arts centers for
theater, music, dance, and events; spaces for display or preservation of objects of
interest in the arts or sciences; libraries; museums; historical sites; aquariums; art
galleries; and zoos and botanical gardens. It does not include schools or
institutions of higher education providing curricula of a general nature.
8. Hospitals and Clinics. State-licensed public, private, and nonprofit
facilities providing medical, surgical, mental health, or emergency medical
services. This classification includes facilities for inpatient or outpatient treatment,
including substance-abuse programs, as well as training, research, and
administrative services for patients and employees. This classification excludes
veterinary services and animal hospitals (see Animal Care, Sales, and Services).
a. Hospital. A facility providing medical, surgical, mental health,
or services primarily on an in-patient basis, and including ancillary facilities
for outpatient and emergency treatment, diagnostic services, training,
research, administration, and services to patients, employees, or visitors.
b. Clinic. A facility providing medical, mental health, or surgical
services exclusively on an out-patient basis, including emergency
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treatment, diagnostic services, administration, and related services to
patients who are not lodged overnight. Services may be available without a
prior appointment. This classification includes licensed facilities offering
substance abuse treatment, blood banks, plasma, dialysis centers, and
emergency medical services offered exclusively on an out -patient basis.
This classification does not include private medical and dental offices that
typically require appointments and are usually smaller scale (see Off ices,
Medical and Dental).
9. Park and Recreation Facility. Parks, playgrounds, recreation
facilities, trails, wildlife preserves, and related open spaces, which are open to the
general public. This classification also includes playing fields, courts, gymnasiums,
swimming pools, picnic facilities, tennis courts, go lf courses, and botanical
gardens, as well as related food concessions or community centers within the
facilities and restrooms within a primary structure or in an accessory structure on
the same site.
10. Public Safety Facility. Facilities providing public-safety and
emergency services, including police and fire protection and emergency medical
services, with incidental storage, training and maintenance facilities.
11. School. Facilities for primary or secondary education, including
public schools, charter schools, and private and parochial schools.
12. Social Service Center. Facilities providing a variety of supportive
services for disabled and homeless individuals and other targeted groups on a less
than 24-hour basis. Examples of services provided are counseling, meal programs,
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personal storage lockers, showers, instructional programs, television rooms, and
meeting spaces. This classification is distinguished from licensed day care centers
(see Adult Day Care and Child Care and Early Education Facility), clinics (see
Clinic), and emergency shelters providing 24-hour or overnight care (see
Emergency Shelter).
B. Commercial Use Classifications
1. Adult-Oriented Business. See Sexually-Oriented Businesses.
2. Animal Care, Sales and Services. Retail sales and services related
to the boarding, grooming, and care of household pets, including:
a. Grooming and Pet Store. Retail sales of animals and/or
services, including grooming, for animals on a commercial basis. Typical
uses include dog bathing and clipping salons, pet grooming shops, and pet
stores and shops. This classification excludes dog walking and similar pet
care services not carried out at a fixed location, and excludes pet supply
stores that do not sell animals or provide on -site animal services (see
General Retail Sales).
b. Kennel. A commercial, nonprofit, or governmental facility for
keeping, boarding, training, breeding or maintaining 4 or more dogs, cats,
or other household pets not owned by the kennel owner or operator on a
24-hour basis. This classification includes animal shelters and animal
hospitals that provide boarding-only services for animals not receiving
services on the site but excludes the provision by shops and hospitals of
24-hour accommodation of animals receiving medical services on site. This
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classification also includes kennels that, in addition to 24-hour
accommodation, provide pet care for periods of less than 24 hours but it
does not include facilities that provide pet day care exclusively or
predominantly.
c. Pet Day Care Service. A commercial, nonprofit, or
governmental facility for keeping 4 or more dogs, cats, or other household
pets not owned by the kennel owner or operator primarily for periods of less
than 24 hours.
d. Veterinary Service. Veterinary services for domesticated
animals. This classification allows 24-hour accommodation of animals
receiving medical services but does not include kennels.
3. Automobile/Vehicle Sales and Services. Retail or wholesale
businesses that sell, rent, and/or repair automobiles, boats, recreational vehicles,
trucks, vans, trailers, and motorcycles, including the following:
a. Alternative Fuels and Recharging Facility. A facility offering
motor vehicle fuels not customarily offered by commercial refueling stations
(e.g., LPG) as well as equipment to recharge electric -powered vehicles.
This classification does not include facilities within public garages or other
stations that are accessory to a permitted use.
b. Automobile Rental. Rental of automobiles. Typical uses
include car rental agencies. See Division 3, Section 9.31.050, Automobile
Rental, for further details.
c. Automobile Storage Parcel. Any property used for short- or
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long-term parking of vehicles for sale or lease at an automobile dealership
or rental agency on a separate parcel from such agency or dealership.
d. Automobile/Vehicle Sales and Leasing. Sale or lease, retail or
wholesale, of new or used automobiles, light trucks, motorcycles, motor
homes, and trailers, together with associated repair services and parts sales
for vehicles sold or leased by the manufacturer associated with the
dealership. (For auto repair, see Automobile/Vehicle Service and Repair,
Major and Minor.) This classification includes on-site facilities for
maintaining an inventory of vehicles for sale or lease but excludes buildings
and property on a separate site that are used for storing vehicles (see
Automobile Storage Parcel). Typical uses include automobile dealers and
recreational vehicle sales agencies. This classification also includes minor
on-site preparation, washing, buffing, waxing, and detailing of vehicles for
sale or vehicles repaired at the facility. Any outdoor preparation, washing,
buffing, waxing, and detailing of vehicles shall comply with the standards of
Section 9.31.080(C), (D), (M), (N), (P), and (Q). This classification does not
include automobile brokerage and other establishments that solely provide
services of arranging, negotiating, assisting, or effectuating the purchase of
automobiles for others. See Division 3, Section 9.31.070,
Automobile/Vehicle Sales, Leasing, and Storage, for further details.
e. Automobile/Vehicle Repair, Major. Repair of automobiles,
trucks, motorcycles, motor homes, boats and recreational vehicles,
including the incidental sale, installation, and servicing of related equipment
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and parts. This classification includes auto repair shops, body and fender
shops, transmission shops, wheel and brake shops, auto glass services,
vehicle painting, tire sales and installation, and installation of car alarms,
sound, telecommunications, and navigation systems, but excludes vehicle
dismantling or salvaging and tire retreading or recapping. See Division 3,
Section 9.31.060, Automobile/Vehicle Repair, Major and Minor, for further
details.
f. Automobile/Vehicle Service and Repair, Minor. The service
and repair of automobiles, light-duty trucks, boats, and motorcycles,
including the incidental sale, installation, and servicing of related equipment
and parts. This classification includes the replacement of small automotive
parts and liquids as an accessory use to a gasoline sales station or
automotive accessories and supply store, as well as smog check quick-
service oil, tune-up and brake and muffler shops where repairs are made or
service provided in enclosed bays and no vehicles are stored overnight.
This classification excludes disassembly, removal or replacement of major
components such as engines, drive trains, transmissions or axles;
automotive body and fender work, vehicle painting or other operations that
generate excessive noise, objectionable odors or hazardous materials, and
towing services. It also excludes repair of heavy trucks, limousines or
construction vehicles. See Division 3, Section 9.31.060, Automobile/Vehicle
Repair, Major and Minor, for further details.
g. Automobile/Vehicle Washing. Washing, waxing, or cleaning
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of automobiles or similar light vehicles, that are the principal use of a
building, structure, or site, including self-serve washing facilities. See
Division 3, Section 9.31.080, Automobile/Vehicle Washing, for further
details.
h. Large Vehicle and Equipment Sales, Service, and Rental
Sales, servicing, rental, fueling, and washing of large trucks, trailers,
tractors, and other equipment used for construction, moving, agricultural, or
landscape gardening activities. Includes large vehicle operation training
facilities.
i. Service Station. Establishments primarily engaged in retailing
automotive fuels or retailing these fuels in combination with activities, such
as providing minor automobile/vehicle repair services; selling automotive
oils, replacement parts, and accessories; and/or providing accessory food
and retail services. See Division 3, Section 9.31.320, Service Stations, for
further details.
j. Towing and Impound. Establishments primarily engaged in
towing light or heavy motor vehicles, both local and long distance. These
establishments may provide incidental services, such as vehicle storage
and emergency road repair services (for automobile dismantling, see
Salvage and Wrecking). This classification includes parcels used for
storage of impounded vehicles.
4. Banks and Financial Institutions.
a. Bank and Credit Union. Financial institutions providing retail
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banking services. This classification includes only those institutions
engaged in the on-site circulation of money, including credit unions, but
excluding check-cashing businesses. For administration, headquarters, or
other offices of banks and credit unions without retail banking services/on-
site circulation of money (see Offices, Business and Professional).
b. Check Cashing Business. Establishments that, for
compensation, engage in the business of cashing checks, warrants, drafts,
money orders, or other commercial paper serving the same purpose. This
classification also includes the business of deferred deposits, whereby the
check casher refrains from depositing a personal check written by a
customer until a specific date pursuant to a written agreement as provided
in Civil Code 1789.33. Check Cashing Businesses do not include State or
Federally chartered banks, savings associations, credit unions, or industrial
loan companies. They also do not include retail sellers engaged primarily in
the business of selling consumer goods, such as consumables to retail
buyers that cash checks or issue money orders incidental to their main
purpose or business.
5. Bar. See Eating and Drinking Establishments.
6. Business Service. Establishments providing goods and services to
other businesses on a fee or contract basis, including printing and copying,
blueprint services, mailbox services, equipment rental and leasing, office security,
custodial services, film processing, model building, and delivery services with 2 or
fewer fleet vehicles on-site. (For 3 or more fleet vehicles, see Light Fleet-Based
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Services.)
7. Commercial Entertainment and Recreation. Provision of
participant or spectator entertainment. This classification may include restaurants,
snack bars, and other incidental food and beverage services to patrons.
a. Cinema. Facilities for indoor display of films and motion
pictures.
b. Theater. Facilities designed and used for entertainment,
including plays, comedy, and music, which typically contain a stage upon
which movable scenery and theatrical appliances or musical instruments
and equipment are used.
c. Convention and Conference Centers. Facilities designed and
used for conventions, conferences, seminars, trade shows, product
displays, and other events in which groups gather to promote and share
common interests. Convention centers typically have at least one
auditorium and may also contain concert halls, lecture halls, meeting rooms,
and conference rooms, as well as accessory uses such as facilities for food
preparation and serving and administrative offices. For conference facilities
accessory to hotels, see Hotel and Motel.
d. Large-Scale Facility. This classification includes large
outdoor facilities such as amusement and theme parks, sports stadiums and
arenas, racetracks, amphitheaters, drive-in theaters, driving ranges, and
golf courses. It also includes indoor facilities with 5,000 square feet or more
in building area such as fitness centers, gymnasiums, handball, racquetball,
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or large tennis club facilities; ice or roller skating rinks; swimming or wave
pools; miniature golf courses; bowling alleys; archery or indoor shooting
ranges; and riding stables.
e. Small-Scale Facility. This classification includes small,
generally indoor facilities that occupy less than 5,000 square feet of building
area, such as billiard parlors, card rooms, game arcades, dance halls, small
tennis club facilities, poolrooms, and amusement arcades.
f. Fortunetelling. An establishment where a person or persons
provide fortunetelling services and demand or receive, directly or indirectly,
a fee or reward, or accept any donation for the exercise or exhibition of
fortunetelling services, or give an exhibition of fortunetelling services at any
place where a fee, donation or reward is charged or received, directly or
indirectly as a condition of entry. Fortunetelling services shall include, but
not be limited to, the telling of fortunes, forecasting of fut ures, or furnishing
of any information not otherwise obtainable by the ordinary process of
knowledge, by means of any occult or psychic power, faculty or force,
psychic reading, occult reading, clairvoyance, clairaudience, cartomancy,
psychometry, phrenology, spirits, mediumship, seership, prophecy, augury,
astrology, palmistry, necromancy, mindreading, tarot card readings, tea
leaves, telepathy or other craft, art, science, cards, talisman, charm, potion,
magnetism, magnetized article or substance, crystal gazing, or magic of any
kind or nature.
8. Eating and Drinking Establishments. Businesses primarily
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engaged in selling and serving prepared food and/or beverages for consumption
on or off the premises.
a. Bar/Night Club/Lounge. Businesses that are licensed by the
State to serve alcoholic beverages, including beer, wine and mixed drinks
for consumption on the premises from a liquor service facility that is
physically separate from the dining area and may be operated during hours
when food is not served. See Division 3, Section 9.31.040, Alcoholic
Beverage Sales, for further details.
b. Restaurant, Full-Service. Restaurants providing food and
beverage services to patrons who order and are served while seated and
pay after eating. Takeout service may also be provided. See Division 3,
Section 9.31.040, Alcoholic Beverage Sales, where applicable, for further
details.
c. Restaurant, Limited-Service and Take-Out. Establishments
where food and beverages may be consumed on the premises, taken out,
or delivered. This classification includes cafes, cafeterias, coffee shops,
delicatessens, fast-food restaurants, sandwich shops, limited-service pizza
parlors, self-service restaurants, ice cream and frozen yogurt shops, and
snack bars with indoor or outdoor seating for customers. This classification
includes bakeries that have tables for on-site consumption of products. It
excludes catering services that do not sell food or beverages for on -site
consumption (see Commercial Kitchen). See Division 3, Sections 9.31.040,
Alcoholic Beverage Sales, and 9.31.280, Restaurants, Limited Service and
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Take Out Only, where applicable, for further details.
d. Food Hall. Establishments consisting of three or more
individually licensed businesses within an enclosed building where food and
beverages may be consumed on the premises, taken out, or delivered, and
may also include small retail venues. Patrons may be served while seated
and pay after eating, or orders may be made at a walk-up window, counter,
machine, or remotely, and payment made prior to food consumption.
Characteristics of food halls include but are not limited to: shared
entrance/lobby areas, compartmentalized spaces for individually licensed
businesses, shared eating areas, shared restrooms, and shared “back of
house” areas (e.g., storage, dishwashing, food preparation). Each
compartmentalized space may have access to the exterior of the buildin g,
along with outdoor dining and seating areas, which may be shared with
other businesses within the establishment.
e. With Drive-Through Facility. Establishments providing food
and beverage services to patrons remaining in automobiles. Includes drive-
up service.
f. With Outdoor Dining and Seating Area. Provision of outdoor
dining facilities on the same property or in the adjacent public right -of-way.
See Division 3, Section 9.31.200, Outdoor Dining and Seating, for further
details.
9. Equipment Rental. Establishments whose primary activity is the
rental of equipment, such as medical and party equipment, to individuals and
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business, and whose activities may include storage and delivery of items to
customers.
10. Food and Beverage Sales. Retail sales of food and beverages for
off-site preparation and consumption. Typical uses include food markets,
groceries, and liquor stores.
a. Convenience Market. Retail establishments that sell a limited
line of groceries, prepackaged food items, tobacco, magazines, and other
household goods, primarily for off-premises consumption. These
establishments typically have long or late hours of operation and occupy a
relatively small building. This classification includes small retail stores
located on the same parcel as or operated in conjunction with a Service
Station but does not include delicatessens or specialty food shops. It
excludes establishments that offer a sizeable assortment of fresh fruits and
vegetables or fresh-cut meat (see General Market). See Division 3,
Section 9.31.040, Alcoholic Beverage Sales, for further details.
b. Farmers Market. A location where the primary activity is the sale
of agricultural products by producers and certified producers. Sales of
ancillary products may occur at the location. An open air farmers market
may only be operated by a local government agency.
c. General Market. Retail food markets of food and grocery items
primarily for offsite preparation and consumption. Typical uses include
supermarkets and specialty food stores such as retail bakeries; candy, nuts
and confectionary stores; meat or produce markets; vitamin an d health food
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stores; cheese stores; and delicatessens. This classification may include
small-scale specialty food production with retail sales such as pasta shops.
See Division 3, Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.150,
General Markets in Residential Districts, where applicable, for further
details.
d. Liquor Store. Establishments primarily engaged in selling
packaged alcoholic beverages for off-site consumption. See Division 3,
Section 9.31.040, Alcoholic Beverage Sales, for further details.
11. Funeral Parlor and Mortuary. An establishment primarily engaged
in the provision of services involving the care, preparation, or disposition of human
remains and conducting memorial services. Typical uses include a crematory,
columbarium, mausoleum, or mortuary.
12. Home Occupation. A use that is incidental and secondary to the
primary residential use of a dwelling and compatible with surrounding residential
uses. These uses include business, professional, and creative offices, food
production, limited personal services, and urban agriculture. See Division 3,
Section 9.31.160, Home Occupations for further details.
13. Instructional Services. Establishments that offer specialized
programs in personal growth and development, typically in a classroom setting.
Typical uses include classes or instruction in music, health, athletics, art, or
academics. Instructional Services may include rehearsal studios as an accessory
use. This use type excludes Colleges and Trade Schools and facilities that offer
instructional services (see General Personal Services). This use type also
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excludes gyms, exercise clubs, or studios offering performing arts, martial arts,
physical exercise, or yoga training and similar types of instruction. See Personal
Services-Physical Training.
14. Live-Work. A unit that combines a work space and incidental
residential space occupied and used by a single household in a structure that has
been constructed for such use or converted from commercial or industrial use and
structurally modified to accommodate residential occupancy and work activity in
compliance with the Building Code. The working space is reserved for and
regularly used by one or more occupants of the unit. See Division 3, Section
9.31.170, Live-Work Units, for further details.
15. Lodging. An establishment providing overnight accommodations to
transient patrons who maintain a permanent place of residence elsewhere for
payment for periods of 30 consecutive calendar days or less.
a. Bed and Breakfast. A residential structure that is in residential
use in which the property owner or manager lives on site and within which
up to 4 bedrooms are rented for overnight lodging and where meals may be
provided. See Division 3, Section 9.31.090, Bed and Breakfasts, for further
details.
b. Hotel and Motel. An establishment providing temporary
lodging to transient patrons. These establishments may provide additional
services, such as conference and meeting rooms, restaurants, bars, or
recreation facilities available to guests or to the general public. This use
classification includes motor lodges, motels, apartment hotels, hostels and
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tourist courts, but does not include rooming houses, boarding houses, or
private residential clubs, single-room occupancy housing, or bed and
breakfast establishments within a single-unit residence.
c. Vacation Rental. A property with a dwelling unit or guest
house intended for permanent occupancy that is available for rent or hire
for any person other than the primary owner for transient use for 30 days or
less or is otherwise occupied or utilized on a transient basis f or 30 days or
less. Vacation rental does not include a Bed and Breakfast as defined
above.
16. Maintenance and Repair Service. Establishments engaged in the
maintenance or repair of office machines, household appliances, furniture, and
similar items. This classification excludes maintenance and repair of motor
vehicles or boats (see Automotive/Vehicle Sales and Services) and perso nal
apparel (see Personal Services).
17. Mobile Food Truck Off-Street Venue. A location where the
commercial vending of food occurs from parked vehicles.
18. Nursery and Garden Center. Establishments primarily engaged in
retailing nursery and garden products—such as trees, shrubs, plants, seeds,
bulbs, and sod—that are predominantly grown elsewhere. These establishments
may sell a limited amount of a product they grow themselves. Fertilizer and soil
products are stored and sold in packaged form only.
19. Offices. Offices of firms, organizations (for-profit and nonprofit), and
public agencies providing professional, executive, management, administrative or
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design services, such as accounting, architectural, computer software design,
engineering, graphic design, interior design, investment, insurance, and legal
offices, excluding banks and savings and loan associations with retail banking
services (see Banks and Financial Institutions). This classification also includes
offices where medical and dental services are provided by physicians, dentists,
chiropractors, acupuncturists, optometrists, and similar medical professionals,
including medical/dental laboratories within medical office buildings but excluding
clinics or independent research laboratory facilities (see Research and
Development) and hospitals (see Hospital and Clinic).
a. Business and Professional. Offices of firms, organizations, or
agencies providing professional, executive, management, administrative,
financial, accounting, or legal services, but excluding those that primarily
provide direct services to patrons that visit the office (see Offices, Walk-In
Clientele).
b. Creative. Offices, production spaces, and work spaces of
establishments that are in the business of the development, publishing,
production, or distribution of creative property, including, but not limited to,
advertising, architectural services, broadcasting, communications,
computer software design, media content, entertainment, engineering,
fashion design, film distribution, graphic design, interior design, internet
content, landscape design, photography, and similar uses.
c. Medical and Dental. Offices providing consultation,
diagnosis, therapeutic, preventive, or corrective personal treatment
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services by doctors and dentists; medical and dental laboratories that see
patients; and similar practitioners of medical and healing arts for humans
licensed for such practice by the State of California. Incidental medical
and/or dental research within the office is considered part of the office use
if it supports the on-site patient services.
d. Walk-In Clientele. Offices predominantly providing direct
services to patrons or clients and do not require appointments. This use
classification includes employment agencies, insurance agent offices, real
estate offices, travel agencies, utility company offices, and offices for
elected officials. It does not include banks or check-cashing facilities, which
are separately classified and regulated (see Banks and Financial
Institutions).
20. Parking, Public or Private. Structures and surface lots offering
parking for a fee when such use is not incidental to another on-site activity.
21. Personal Service.
a. General Personal Services. Provision of recurrently needed
services of a personal nature. This classification includes barber shops and
beauty salons, seamstresses, tailors, dry cleaning agents (excluding large -
scale bulk cleaning plants), shoe repair shops, self-service laundries, video
rental stores, photocopying and photo finishing services, and travel
agencies mainly intended for the consumer. This classification also includes
massage establishments that are in full compliance with the applicable
provisions of Chapter 6.104, Massage Regulations, of the Santa Monica
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Municipal Code, and in which all persons engaged in the practice of
massage are certified pursuant to the California Business and Professions
Code Section 4612. This classification does not include gyms, exercise
clubs, or studios offering performing arts, martial arts, physical exercise, or
yoga training and similar types of instruction. See Division 3, Section
9.31.230, Personal Service, for further details.
b. Personal Services, Physical Training. Gyms, exercise clubs,
or studios less than 5,000 square feet offering martial arts, physical
exercise, yoga training and similar types of instruction to classes and
groups. This classification also includes exclusively youth-serving studios
of less than 3,000 square feet offering performing arts, dance, martial arts,
physical exercise, and similar types of instruction to classes and groups of
more than 5 persons.
c. Tattoo or Body Modification Parlor. An establishment whose
principal business activity is one or more of the following: (i) using ink or
other substances that result in the permanent coloration of the skin through
the use of needles or other instruments designed to contact or puncture the
skin; or (ii) creation of an opening in the body of a person for the purpose of
inserting jewelry or other decoration. See Division 3, Section 9.31.230,
Personal Service, for further details.
22. Retail Sales
(a) Building Materials and Services. Retail sales or rental of
building supplies or equipment. This classification includes lumberyards,
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tool and equipment sales or rental establishments, and includes
establishments devoted principally to taxable retail sales to individuals for
their own use. This definition does not include Construction and Material
Yards, hardware stores less than 10,000 square feet or establishments
engaged in the business of selling, leasing, or otherwise transferring any
firearm or ammunitions.
(b) General Retail Sales, Small-Scale. The retail sale or rental of
merchandise not specifically listed under another use classification. This
classification includes retail establishments with 25,000 square feet or less
of sales area; including department stores, clothing stores, furniture stores,
pet supply stores, small hardware and garden supply/nurseries stores (with
10,000 square feet or less of floor area), and businesses retailing goods
including, but not limited to, the following: toys, hobby mat erials,
handcrafted items, jewelry, cameras, photographic supplies and services
(including portraiture and retail photo processing), medical supplies and
equipment, pharmacies, electronic equipment, sporting goods, kitchen
utensils, hardware, appliances, antiques, art galleries, art supplies and
services, paint and wallpaper, carpeting and floor covering, office supplies,
bicycles, video rental, and new automotive parts and accessories
(excluding vehicle service and installation). Retail sales may be combined
with other services such as office machine, computer, electronics, and
similar small-item repairs. See Division 3, Sections 9.31.210, Outdoor
Newsstands, and 9.31.220, Outdoor Retail Display and Sales, where
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Packet Pg. 551 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal
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applicable, for further details.
(c) General Retail Sales, Medium-Scale. The retail sale or rental
of merchandise not specifically listed under another use classification. This
classification includes retail establishments with more than 25,000 square
feet but not more than 80,000 square feet of sales area.
(d) General Retail Sales, Large-Scale. Retail establishments
with over 80,000 square feet of sales area that sell merchandise and bulk
goods for individual consumption, including membership warehouse clubs,
where sales of grocery items do not occupy more than 25% of the floor area.
(e) Medicinal Cannabis Retailer. A licensed premises which is a
physical location from which retail medicinal cannabis or medicinal
cannabis products are intended to be sold for use, pursuant to the
Compassionate Use Act of 1996 (Proposition 215), found at Section
11362.5 of the Health and Safety Code, by a medicinal cannabis patient in
California who possesses a physician’s recommendation. The premises
may be closed to the public; sales may be made exclusively by delivery.
Subject to the provisions of SMMC Section 9.31.185 Medicinal Cannabis
Retailers shall be permitted to deliver, cultivate, or sell adult-use cannabis
or adult-use cannabis products, as licensed and regulated by Business and
Professions Code Section 26000 et seq. and as amended from time to time,
to persons 21 years of age and over.
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(f) Pawn Shop. Establishments engaged in the buying or selling
of new or secondhand merchandise and offering loans in exchange for
personal property.
(g) Swap Meet. Any indoor or outdoor place, in an approved
location, or for an approved activity where new or used goods or
secondhand personal property is offered for sale or exchange to the general
public by a multitude of individual licensed vendors, usually in
compartmentalized spaces. The term swap meet is interchangeable with
and applicable to: flea markets, auctions, open air markets, outdoor sales
activities, or other similarly named or labeled activities; but does not include
supermarket or department store retail operations. See Division 3, Sections
9.31.360, Swap Meets, and 9.31.220, Outdoor Retail Display and Sales, for
further details.
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 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
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34
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 with in 15 days after its adoption. This
Interim Zoning Ordinance shall become effective thirty days after its adoption.
SECTION 5. This Interim Zoning Ordinance shall be of no further force or
effect on or after February 12, 2026, unless it is otherwise extended pursuant to
Santa Monica Municipal Code Section 9.46.090.
APPROVED AS TO FORM:
_________________________
DOUGLAS SLOAN
City Attorney
10.B.a
Packet Pg. 554 Attachment: Interim Zoning Ordinance Extension [Revision 1] (6066 : Extend IZO to Allow Adult-Use Cannabis Sales at Existing Medicinal
City CouncilItem 10.B
December 12, 2023
10.B.f
Packet Pg. 555 Attachment: PowerPoint Presentation (6066 : Extend IZO to Allow Adult-Use Cannabis
Recommended Action
•Introduce for first reading an Interim Zoning Ordinance extending interim zoning regulations adopted by Interim Zoning Ordinance 2764 (CCS) amending the text of the Zoning Ordinance to replace the term “Medical Marijuana Dispensary” with “Medicinal Cannabis Retailer”, to remove certain requirements for Medicinal Cannabis Retailers for consistency with State law, and to permit Medicinal Cannabis Retailers to sell adult-use cannabis or adult-use cannabis products to persons 21 years of age and over
City Council | 12.12.23 | Item 10.B
10.B.f
Packet Pg. 556 Attachment: PowerPoint Presentation (6066 : Extend IZO to Allow Adult-Use Cannabis
IZO 2764
•Adopted on November 14, 2023
•Effective on December 14, 2023
•Set to expire February 12, 2024
City Council | 12.12.23 | Item 10.B
10.B.f
Packet Pg. 557 Attachment: PowerPoint Presentation (6066 : Extend IZO to Allow Adult-Use Cannabis
Proposed Ordinance
•Extends IZO 2764 for 24 months until February 12, 2026
•The sale of adult-use cannabis or adult-use cannabis products to persons 21 years of age and over shall be permitted only if a regulatory permit for adult-use cannabis has been obtained by the two retailers by June 1, 2024
City Council | 12.12.23 | Item 10.B
10.B.f
Packet Pg. 558 Attachment: PowerPoint Presentation (6066 : Extend IZO to Allow Adult-Use Cannabis
Recommended Action
•Introduce for first reading an Interim Zoning Ordinance extending interim zoning regulations adopted by Interim Zoning Ordinance 2764 (CCS)
•Adopt a finding Categorical Exemption pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines
City Council | 12.12.23 | Item 10.B
10.B.f
Packet Pg. 559 Attachment: PowerPoint Presentation (6066 : Extend IZO to Allow Adult-Use Cannabis
City CouncilItem 10.B
December 12, 2023
10.B.f
Packet Pg. 560 Attachment: PowerPoint Presentation (6066 : Extend IZO to Allow Adult-Use Cannabis
Background
Medicinal Cannabis
Retailers with active
Conditional Use
Permits as of
October 10, 2023
925
Wilshire
Blvd
1416
Wilshire
Blvd
City Council | 12.12.23 | Item 10.B
10.B.f
Packet Pg. 561 Attachment: PowerPoint Presentation (6066 : Extend IZO to Allow Adult-Use Cannabis
Medicinal Cannabis
Retailers with active
Conditional Use
Permits as of
October 10, 2023
925
Wilshire
Blvd
1416
Wilshire
Blvd
10.B.f
Packet Pg. 562 Attachment: PowerPoint Presentation (6066 : Extend IZO to Allow Adult-Use Cannabis