SR 10-10-2023 10C
City Council
Report
City Council Meeting: October 10, 2023
Agenda Item: 10.C
1 of 9
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and First Reading of an Interim Zoning Ordinance 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 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 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.
3. Introduce for first reading an Ordinance amending Section 6.203.010 of the
Santa Monica Municipal Code to allow medicinal cannabis retailers with
medicinal cannabis permits issued before October 10, 2023, to deliver, cultivate,
and sell adult-use cannabis and adult-use cannabis products to persons 21 years
of age and over, subject to Santa Monica Municipal Code Section 9.31.185.
Summary
On June 13, 2023, the City Council received a presentation on key policy considerations
for allowing adult-use cannabis businesses and other non-retail cannabis business
types within the City of Santa Monica. The City Council also discussed options for
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allowing adult-use cannabis sales and associated regulatory restrictions and provided
the following direction to staff:
• Return to Council with an Ordinance allowing for adult-use cannabis retail
business and non-retail business types within the City.
• 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.
• Begin by initially returning to Council with an Ordinance permitting the two
previously approved Medicinal Cannabis Retailers to sell adult-use cannabis.
Accordingly, the proposed Interim Zoning Ordinance would permit the two Medicinal
Cannabis Retailers in the City with active Conditional Use Permits to sell adult-use
cannabis or adult-use cannabis products to persons of 21 years of age or over. The
Interim Zoning Ordinance would also replace the term “Medical Marijuana Dispensary”
with “Medicinal Cannabis Retailer” and remove certain requirements for Medicinal
Cannabis Retailers for consistency with State law. The proposed Ordinance amends
Section 6.203.010 of the Santa Monica Municipal Code to allow medicinal cannabis
retailers with active Conditional Use Permits issued before October 10, 2023, to engage
in retail cannabis sales subject to Santa Monica Municipal Code Section 9.31.185.
Background
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.
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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
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.
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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
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 COVID-
19 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
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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.
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
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
Discussion
The Zoning Ordinance refers to a Medicinal Cannabis Retailer as a “Medical Marijuana
Dispensary” and has the following broad definition:
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Medical Marijuana Dispensary. Any facility, building, structure, or fixed location
where one or more qualified patients and/or persons with identification cards
and/or primary caregivers cultivate, distribute, sell, dispense, transmit, process,
exchange, give away, or otherwise make available marijuana for medical
purposes. The terms “primary caregiver,” “qualified patient,” and “person with an
identification card” shall be as defined in California Health and Safety Code
Section 11362.5 et seq.
This terminology and the definition of Medical Marijuana Dispensary had been changed
in the 2017 IZO to be consistent with terminology used in adopted State law and the
cannabis industry replacing the use of the word “dispensary” with “retailer”, using the
term “cannabis” instead of “marijuana”, and using the term “medicinal” instead of
“medical” when referring to permitted business activities. The new definition for
Medicinal Cannabis Retailer in the 2017 IZO was changed as follows:
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.
The IZO expired in January 2023 at which time the terminology, definition of Medicinal
Cannabis Retailer, and other modified use standards in SMMC Section 9.31.185
reverted back to the outdated language in the Zoning Ordinance which references
Medical Marijuana Dispensaries. The proposed IZO would make the same changes to
the terminology, definition, and use standards as the prior 2017 IZO to be consistent
with State law and the cannabis industry.
In order to allow the two previously permitted Medicinal Cannabis Retailers to sell adult-
use cannabis or cannabis products, staff is proposing a further modification to the
definition of Medicinal Cannabis Retailer to include the following additional language:
“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
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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.”
Santa Monica Municipal Code Section 9.31.185 provides a range of specific use
standards for Medicinal Cannabis Retailers including a requirement that each of the two
Medicinal Cannabis Retailers obtain a Conditional Use Permit which both Medicinal
Cannabis Retailers have done. The proposed IZO includes new language in SMMC
Section 9.31.185 to permit the delivery, cultivation, and sale of adult-use cannabis or
adult-use cannabis products to persons 21 years of age and over only in locations with
active Conditional Use Permits for Medicinal Cannabis Retailer uses as of October 10,
2023. The existing Conditional Use Permits would remain in effect, but conditions
prohibiting the adult-use of cannabis will not be enforced.
Certain regulations found in SMMC Section 9.31.185 regulating the operations of
Medicinal Cannabis Retailers were written prior to the adoption of comprehensive State
laws regulating cannabis. The proposed IZO removes sub-sections I, K, and L of
Section 9.31.185 that address Staffing and Security, Required Patron Notification, and
Prohibited Activities which are either addressed in State law or can be more effectively
addressed through the regulatory ordinance and rules.
SMMC Section 6.203.010 currently prohibits commercial nonmedicinal cannabis sales
in the City. The proposed ordinance would create an exception to this general
prohibition for the two entities that have been issued medicinal cannabis permits
pursuant to Chapter 6.201 of the Santa Monica Municipal Code. A medicinal cannabis
retailer that chooses to engage in nonmedicinal retail sales must comply with the
provisions set forth in SMMC Section 9.31.185.
The sales of adult-use cannabis products or adult-use cannabis products would be
subject to the cannabis business tax regulations of SMMC Chapter 6.204. The
cannabis business tax imposed upon any retailer of adult-use non-medicinal cannabis
or adult-use non-medicinal cannabis products is three (3) percent of the gross receipts
derived from the retail sale of adult-use non-medicinal cannabis or adult-use non-
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medicinal cannabis products. The tax rate may be adjusted by the City Council but shall
not exceed the maximum tax rate of ten percent without voter approval.
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
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.
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Prepared By: Tony Kim, Principal Planner
Approved
Forwarded to Council
Attachments:
A. October 24, 2017 Council Meeting Cannabis Interim Zoning Ordinance (Web
Link)
B. February 25, 2020 Council Meeting Cannabis Interim Zoning Ordinance
Extension (Web Link)
C. June 13, 2023 Council Meeting Adult-Use Cannabis Study Session
D. Ordinance Amending Section 6.203.010 09.27.23 (001) (clean)
E. Interim Zoning Ordinance to Allow Adult-Use Cannabis
F. Written Comments
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City Council Meeting: October 10, 2023 Santa Monica, California
ORDINANCE NUMBER _____ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTION 6.203.010 OF THE SANTA MONICA MUNICIPAL CODE
TO ALLOW MEDICINAL CANNABIS RETAILERS WITH MEDICINAL
CANNABIS PERMITS ISSUED BEFORE OCTOBER 10, 2023 TO DELIVER,
CULTIVATE, AND SELL ADULT-USE CANNABIS OR ADULT-USE CANNABIS
PRODUCTS TO PERSONS 21 YEARS OF AGE AND OVER, SUBJECT TO
SANTA MONICA MUNICIPAL CODE SECTION 9.31.185
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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Packet Pg. 883 Attachment: Ordinance Amending Section 6.203.010 09.27.23 (001) (clean) [Revision 1] (5909 : Interim Zoning Ordinance to Allow Adult-Use
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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, beginning on January 1, 2018, 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”) which establishes a robust set of regulations for the medicinal and
adult use cannabis markets, aligns all permit types, and authorizes 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
10.C.d
Packet Pg. 884 Attachment: Ordinance Amending Section 6.203.010 09.27.23 (001) (clean) [Revision 1] (5909 : Interim Zoning Ordinance to Allow Adult-Use
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WHEREAS, consistent with State actions, the 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
WHEREAS, the City has commenced a prolonged medicinal cannabis
retailer selection process and issued two permits for the operation of a medicinal
cannabis retailers in the City; 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 November 2022 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 discussion 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
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Packet Pg. 885 Attachment: Ordinance Amending Section 6.203.010 09.27.23 (001) (clean) [Revision 1] (5909 : Interim Zoning Ordinance to Allow Adult-Use
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associated regulatory restrictions as may be appropriate; and (3) provided
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 approved
allowing the previously approved medicinal cannabis retailers to also sell, cultivate,
and deliver adult-use cannabis while the permanent adult-use cannabis updates
are pending; and
WHEREAS, Section 6.203.010 of the Santa Monica Municipal Code
currently prohibits commercial cannabis sales in the City; and
WHEREAS, the City desires to amend Section 6.203.010 of the Santa
Monica Municipal Code to allow medicinal cannabis retailers with medicinal
cannabis permits issued before October 10, 2023 to deliver, cultivate, and sell
adult-use cannabis or adult-use cannabis products to persons 21 years of age and
over subject to the Santa Monica Municipal Code Section 9.31.185.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY ORDAIN AS FOLLOWS (new text underlined, deleted
text shown with strikethrough):
SECTION 1. Commercial Nonmedicinal Cannabis Uses. Santa Monica
Municipal Code Section 6.203.010 is amended as follows:
6.203.01 Commercial Nonmedicinal Cannabis Uses
a. Except as provided in subsection b, below, it It shall be unlawful to
undertake, establish, operate, maintain, or permit any commercial nonmedicinal
cannabis use in the City. Except as provided in this subsection b, below, no No
use permit, business license, variance, building permit, or any other entitlement,
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Packet Pg. 886 Attachment: Ordinance Amending Section 6.203.010 09.27.23 (001) (clean) [Revision 1] (5909 : Interim Zoning Ordinance to Allow Adult-Use
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license, or permit, whether administrative or discretionary, shall be approved or
issued. The possession of a State license for commercial nonmedicinal cannabis
use shall not be sufficient to authorize the operation of such a use within the City.
b. Notwithstanding the prohibitions set forth in subsection a, above, a
medicinal cannabis retailer that has been issued a medicinal cannabis permit
pursuant to Chapter 6.203 of the Santa Monica Municipal Code prior to October
10, 2023, and subject to Santa Monica Municipal Code Section 9.31.185, 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.
SECTION 2. Any provision of the Santa Monica Municipal Code or any
appendix thereto inconsistent with the provisions of this Ordinance, to the extent
of such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it
would have passed this Ordinance and each and every section, subsection,
sentence, clause, or phrase not declared invalid or unconstitutional without regard
to whether any portion of the ordinance would be subsequently declared invalid or
unconstitutional.
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SECTION 4. The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. The City Clerk shall cause the same to be published
once in the official newspaper within 15 days after its adoption. This Ordinance
shall become effective thirty days after its adoption.
APPROVED AS TO FORM:
_________________________
DOUGLAS SLOAN
City Attorney
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City Council Meeting: October 10, 2023 Santa Monica, California
ORDINANCE NUMBER _____ (CCS)
(City Council Series)
AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA 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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Packet Pg. 889 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at
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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, beginning on January 1, 2018, 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”) which establishes a robust set of regulations for the medicinal and
adult use cannabis markets, aligns all permit types, and authorizes 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
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Packet Pg. 890 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at
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WHEREAS, consistent with State actions, the 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
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;
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 pursuant to Chapter 2.16 of the Santa Monica Municipal
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Packet Pg. 891 Attachment: Interim Zoning Ordinance to Allow Adult-Use Cannabis (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at
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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; 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 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
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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
limitations on, businesses have been and continue to be devastating to the local
Santa Monica economy;
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 November 2022 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:
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(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
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
allowing the previously approved medicinal cannabis retailers to also sell adult-use
cannabis while the permanent adult-use cannabis updates are pending, and the
City desires to update the interim regulations in order to allow such use; and
WHEREAS, the proposed IZO would also make 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, 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 proposed IZO to allow for economic recovery within the City by
expanding permitted cannabis use and also to update the Zoning Ordinance to
extinguish any inconsistencies with State law and the cannabis industry; and
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:
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(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 Medical Marijuana Dispensaries
A. Purpose. The purpose of this subsection is to ensure that the development
of Medicinal Cannabis RetailersMedical Marijuana Dispensaries 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 nearby residents and businesses while providing for
the needs of all segments of the community. Medicinal Cannabis RetailersMedical
Marijuana Dispensaries shall be permitted, located, developed, and operated
consistent with the following development standards:
B. Conditional Use Permit. Each Medicinal Cannabis Retailer Medical
Marijuana Dispensary 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
Medical Marijuana Dispensaries no larger than 2,500 square feet shall be
permitted. Medicinal Cannabis Retailers Medical Marijuana Dispensaries 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 Medical Marijuana Dispensary. The distance shall be established on the
date of application for the Conditional Use Permit.
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D. Hours of Operation. Medicinal Cannabis Retailers Medical Marijuana
Dispensaries 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
medicinal marijuana shall be issued on-site.
F. Delivery. Delivery of medicinal cannabis medical marijuana 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 medical marijuana
cultivated in California may be sold in a Medicinal Cannabis Retailer Dispensary.
H. On-Site Cultivation. A maximum area of 15% of the total floor area may
be used for on-site cultivation. medical marijuana.
I. Staffing and Security.
1. Security Plan. The dispensary operator shall submit a security plan
for review and approval by the Director of Planning with review and comment by
the Police Department. The plan shall include but not be limited to provisions for
qualified security staffing, alarms, video monitoring, securing cash, controlled
customer access, and other similar elements the Director of Planning deems
necessary to ensure the security of the site.
2. Alarm System. A centrally monitored alarm system shall be installed
and maintained in good working order.
3. Staffing.
a. An on-site supervisor must be present at all times that the
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Dispensary is in operation.
b. Emergency Contact. The dispensary operator shall provide
the Chief of Police and neighbors within 500 feet of the Dispensary with the
name, phone number, and facsimile number of an on-site community
relations staff person to whom one can provide notice if there are operating
problems associated with the Dispensary. The Dispensary shall make a
good faith effort to encourage members of the public to call this person to
try to solve operating problems, if any, before calls or complaints are made
to the City.
c. Employees of the establishment shall be at least 21 years of
age and patients a minimum of 18 years of age.
IJ. 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 dispensary.
K. Required Patron Notification. Dispensary staff shall notify patrons of the
following verbally and through posting of a sign in a conspicuous location readily
visible to persons entering the premises:
1. Use of medical marijuana shall be limited to the patient identified on
the doctor’s recommendation. Secondary sale, barter, or distribution of medical
marijuana is a crime and can lead to arrest.
2. Patrons must immediately leave the site and not consume medical
marijuana until at home or in an equivalent private location. Dispensary staff shall
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monitor the site and vicinity to ensure compliance.
3. Forgery of medical documents is a felony crime.
4. Entry into the premises by persons under the age of 18 is prohibited
unless they are a qualified patient and accompanied by a parent or legal guardian.
L. Prohibited Activities. There shall be no on-site sales or consumption of
alcohol or tobacco.
JM. Inspections. A Medicinal Cannabis Retailer Dispensary 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.
KN. Enforcement Cooperation. A Medicinal Cannabis Retailer, and all
employees thereof, Dispensary management 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
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Professions Code Section 26000 et seq. to persons 21 years of age and over. Only
cannabis cultivated within California may be sold in accordance with 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
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for children, and any other day care facility licensed by the State of California. See
Division 3, Section 9.31.120, Child Care and Early Education Facilities, for further
details.
4. College and Trade School. Institutions of higher education
providing curricula of a general, religious or professional nature, typically granting
recognized degrees, including conference centers and academic retreats
associated with such institutions. This classification includes junior colleges,
business and computer schools, management training, technical and trade
schools, but excludes personal instructional services such as music lessons.
5. Community Assembly. A facility for public or private meetings
including community centers, banquet centers, religious assembly facilities, civic
auditoriums, union halls, meeting halls for clubs and other membership
organizations. This classification includes functionally related facilities for the use
of members and attendees such as kitchens, multi-purpose rooms, and storage. It
does not include gymnasiums or other sports facilities, convention centers, or
facilities, such as day care centers and schools that are separately classified and
regulated. See Division 3, Section 9.31.100, Community Assembly, for further
details.
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
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of the group and may include common areas maintained and used by group
members. Community gardens may be accessory to public or institutional uses
such as parks, schools, community centers, or religious assembly uses. This
classification does not include gardens that are on a property in residential use
when access is limited to those who reside on the property. Community gardens
do not include medical marijuana collectives.
7. Cultural Facility. Facilities engaged in activities to serve and
promote aesthetic and educational interest in the community that are open to the
public on a regular basis. This classification includes performing arts centers for
theater, music, dance, and events; spaces for display or preservation of objects of
interest in the arts or sciences; libraries; museums; historical sites; aquariums; art
galleries; and zoos and botanical gardens. It does not include schools or
institutions of higher education providing curricula of a general nature.
8. Hospitals and Clinics. State-licensed public, private, and 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.
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b. Clinic. A facility providing medical, mental health, or surgical
services exclusively on an out-patient basis, including emergency
treatment, diagnostic services, administration, and related services to
patients who are not lodged overnight. Services may be available without a
prior appointment. This classification includes licensed facilities offering
substance abuse treatment, blood banks, plasma, dialysis centers, and
emergency medical services offered exclusively on an out-patient basis.
This classification does not include private medical and dental offices that
typically require appointments and are usually smaller scale (see Offices,
Medical and Dental).
9. Park and Recreation Facility. Parks, playgrounds, recreation
facilities, trails, wildlife preserves, and related open spaces, which are open to the
general public. This classification also includes playing fields, courts, gymnasiums,
swimming pools, picnic facilities, tennis courts, golf courses, and botanical
gardens, as well as related food concessions or community centers within the
facilities and restrooms within a primary structure or in an accessory structure on
the same site.
10. Public Safety Facility. Facilities providing public-safety and
emergency services, including police and fire protection and emergency medical
services, with incidental storage, training and maintenance facilities.
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
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services for disabled and homeless individuals and other targeted groups on a less
than 24-hour basis. Examples of services provided are counseling, meal programs,
personal storage lockers, showers, instructional programs, television rooms, and
meeting spaces. This classification is distinguished from licensed day care centers
(see Adult Day Care and Child Care and Early Education Facility), clinics (see
Clinic), and emergency shelters providing 24-hour or overnight care (see
Emergency Shelter).
B. Commercial Use Classifications
1. Adult-Oriented Business. See Sexually-Oriented Businesses.
2. Animal Care, Sales and Services. Retail sales and services related
to the boarding, grooming, and care of household pets, including:
a. Grooming and Pet Store. Retail sales of animals and/or
services, including grooming, for animals on a commercial basis. Typical
uses include dog bathing and clipping salons, pet grooming shops, and pet
stores and shops. This classification excludes dog walking and similar pet
care services not carried out at a fixed location, and excludes pet supply
stores that do not sell animals or provide on-site animal services (see
General Retail Sales).
b. Kennel. A commercial, 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
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services on the site but excludes the provision by shops and hospitals of
24-hour accommodation of animals receiving medical services on site. This
classification also includes kennels that, in addition to 24-hour
accommodation, provide pet care for periods of less than 24 hours but it
does not include facilities that provide pet day care exclusively or
predominantly.
c. Pet Day Care Service. A commercial, 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
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Rental, for further details.
c. Automobile Storage Parcel. Any property used for short- or
long-term parking of vehicles for sale or lease at an automobile dealership
or rental agency on a separate parcel from such agency or dealership.
d. Automobile/Vehicle Sales and Leasing. Sale or lease, retail or
wholesale, of new or used automobiles, light trucks, motorcycles, motor
homes, and trailers, together with associated repair services and parts sales
for vehicles sold or leased by the manufacturer associated with the
dealership. (For auto repair, see Automobile/Vehicle Service and Repair,
Major and Minor.) This classification includes on-site facilities for
maintaining an inventory of vehicles for sale or lease but excludes buildings
and property on a separate site that are used for storing vehicles (see
Automobile Storage Parcel). Typical uses include automobile dealers and
recreational vehicle sales agencies. This classification also includes minor
on-site preparation, washing, buffing, waxing, and detailing of vehicles for
sale or vehicles repaired at the facility. Any outdoor preparation, washing,
buffing, waxing, and detailing of vehicles shall comply with the standards of
Section 9.31.080(C), (D), (M), (N), (P), and (Q). This classification does not
include automobile brokerage and other establishments that solely provide
services of 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,
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trucks, motorcycles, motor homes, boats and recreational vehicles,
including the incidental sale, installation, and servicing of related equipment
and parts. This classification includes auto repair shops, body and fender
shops, transmission shops, wheel and brake shops, auto glass services,
vehicle painting, tire sales and installation, and installation of car alarms,
sound, telecommunications, and navigation systems, but excludes vehicle
dismantling or salvaging and tire retreading or recapping. See Division 3,
Section 9.31.060, Automobile/Vehicle Repair, Major and Minor, for further
details.
f. Automobile/Vehicle Service and Repair, Minor. The service
and repair of automobiles, light-duty trucks, boats, and motorcycles,
including the incidental sale, installation, and servicing of related equipment
and parts. This classification includes the replacement of small automotive
parts and liquids as an accessory use to a gasoline sales station or
automotive accessories and supply store, as well as smog check quick-
service oil, tune-up and brake and muffler shops where repairs are made or
service provided in enclosed bays and no vehicles are stored overnight.
This classification excludes disassembly, removal or replacement of major
components such as engines, drive trains, transmissions or axles;
automotive body and fender work, vehicle painting or other operations that
generate excessive noise, objectionable odors or hazardous materials, and
towing services. It also excludes repair of heavy trucks, limousines or
construction vehicles. See Division 3, Section 9.31.060, Automobile/Vehicle
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Repair, Major and Minor, for further details.
g. Automobile/Vehicle Washing. Washing, waxing, or cleaning
of automobiles or similar light vehicles, that are the principal use of a
building, structure, or site, including self-serve washing facilities. See
Division 3, Section 9.31.080, Automobile/Vehicle Washing, for further
details.
h. Large Vehicle and Equipment Sales, Service, and Rental
Sales, servicing, rental, fueling, and washing of large trucks, trailers,
tractors, and other equipment used for construction, moving, agricultural, or
landscape gardening activities. Includes large vehicle operation training
facilities.
i. Service Station. Establishments primarily engaged in retailing
automotive fuels or retailing these fuels in combination with activities, such
as providing minor automobile/vehicle repair services; selling automotive
oils, replacement parts, and accessories; and/or providing accessory food
and retail services. See Division 3, Section 9.31.320, Service Stations, for
further details.
j. Towing and Impound. Establishments primarily engaged in
towing light or heavy motor vehicles, both local and long distance. These
establishments may provide incidental services, such as vehicle storage
and emergency road repair services (for automobile dismantling, see
Salvage and Wrecking). This classification includes parcels used for
storage of impounded vehicles.
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4. Banks and Financial Institutions.
a. Bank and Credit Union. Financial institutions providing retail
banking services. This classification includes only those institutions
engaged in the on-site circulation of money, including credit unions, but
excluding check-cashing businesses. For administration, headquarters, or
other offices of banks and credit unions without retail banking services/on-
site circulation of money (see Offices, Business and Professional).
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,
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custodial services, film processing, model building, and delivery services with 2 or
fewer fleet vehicles on-site. (For 3 or more fleet vehicles, see Light Fleet-Based
Services.)
7. Commercial Entertainment and Recreation. Provision of
participant or spectator entertainment. This classification may include restaurants,
snack bars, and other incidental food and beverage services to patrons.
a. Cinema. Facilities for indoor display of films and motion
pictures.
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
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golf courses. It also includes indoor facilities with 5,000 square feet or more
in building area such as fitness centers, gymnasiums, handball, racquetball,
or large tennis club facilities; ice or roller skating rinks; swimming or wave
pools; miniature golf courses; bowling alleys; archery or indoor shooting
ranges; and riding stables.
e. Small-Scale Facility. This classification includes small,
generally indoor facilities that occupy less than 5,000 square feet of building
area, such as billiard parlors, card rooms, game arcades, dance halls, small
tennis club facilities, poolrooms, and amusement arcades.
f. Fortunetelling. An establishment where a person or persons
provide fortunetelling services and demand or receive, directly or indirectly,
a fee or reward, or accept any donation for the exercise or exhibition of
fortunetelling services, or give an exhibition of fortunetelling services at any
place where a fee, donation or reward is charged or received, directly or
indirectly as a condition of entry. Fortunetelling services shall include, but
not be limited to, the telling of fortunes, forecasting of futures, or furnishing
of any information not otherwise obtainable by the ordinary process of
knowledge, by means of any occult or psychic power, faculty or force,
psychic reading, occult reading, clairvoyance, clairaudience, cartomancy,
psychometry, phrenology, spirits, mediumship, seership, prophecy, augury,
astrology, palmistry, necromancy, mindreading, tarot card readings, tea
leaves, telepathy or other craft, art, science, cards, talisman, charm, potion,
magnetism, magnetized article or substance, crystal gazing, or magic of any
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kind or nature.
8. Eating and Drinking Establishments. Businesses primarily
engaged in selling and serving prepared food and/or beverages for consumption
on or off the premises.
a. Bar/Night Club/Lounge. Businesses that are licensed by the
State to serve alcoholic beverages, including beer, wine and mixed drinks
for consumption on the premises from a liquor service facility that is
physically separate from the dining area and may be operated during hours
when food is not served. See Division 3, Section 9.31.040, Alcoholic
Beverage Sales, for further details.
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
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consumption (see Commercial Kitchen). See Division 3, Sections 9.31.040,
Alcoholic Beverage Sales, and 9.31.280, Restaurants, Limited Service and
Take Out Only, where applicable, for further details.
d. Food Hall. Establishments consisting of three or more
individually licensed businesses within an enclosed building where food and
beverages may be consumed on the premises, taken out, or delivered, and
may also include small retail venues. Patrons may be served while seated
and pay after eating, or orders may be made at a walk-up window, counter,
machine, or remotely, and payment made prior to food consumption.
Characteristics of food halls include but are not limited to: shared
entrance/lobby areas, compartmentalized spaces for individually licensed
businesses, shared eating areas, shared restrooms, and shared “back of
house” areas (e.g., storage, dishwashing, food preparation). Each
compartmentalized space may have access to the exterior of the building,
along with outdoor dining and seating areas, which may be shared with
other businesses within the establishment.
e. With Drive-Through Facility. Establishments providing food
and beverage services to patrons remaining in automobiles. Includes drive-
up service.
f. With Outdoor Dining and Seating Area. Provision of outdoor
dining facilities on the same property or in the adjacent public right-of-way.
See Division 3, Section 9.31.200, Outdoor Dining and Seating, for further
details.
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9. Equipment Rental. Establishments whose primary activity is the
rental of equipment, such as medical and party equipment, to individuals and
business, and whose activities may include storage and delivery of items to
customers.
10. Food and Beverage Sales. Retail sales of food and beverages for
off-site preparation and consumption. Typical uses include food markets,
groceries, and liquor stores.
a. Convenience Market. Retail establishments that sell a limited
line of groceries, prepackaged food items, tobacco, magazines, and other
household goods, primarily for off-premises consumption. These
establishments typically have long or late hours of operation and occupy a
relatively small building. This classification includes small retail stores
located on the same parcel as or operated in conjunction with a Service
Station but does not include delicatessens or specialty food shops. It
excludes establishments that offer a sizeable assortment 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
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supermarkets and specialty food stores such as retail bakeries; candy, nuts
and confectionary stores; meat or produce markets; vitamin and health food
stores; cheese stores; and delicatessens. This classification may include
small-scale specialty food production with retail sales such as pasta shops.
See Division 3, Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.150,
General Markets in Residential Districts, where applicable, for further
details.
d. Liquor Store. Establishments primarily engaged in selling
packaged alcoholic beverages for off-site consumption. See Division 3,
Section 9.31.040, Alcoholic Beverage Sales, for further details.
11. Funeral Parlor and Mortuary. An establishment primarily engaged
in the provision of services involving the care, preparation, or disposition of human
remains and conducting memorial services. Typical uses include a crematory,
columbarium, mausoleum, or mortuary.
12. Home Occupation. A use that is incidental and secondary to the
primary residential use of a dwelling and compatible with surrounding residential
uses. These 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
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use. This use type excludes Colleges and Trade Schools and facilities that offer
instructional services (see General Personal Services). This use type also
excludes gyms, exercise clubs, or studios offering performing arts, martial arts,
physical exercise, or yoga training and similar types of instruction. See Personal
Services-Physical Training.
14. Live-Work. A unit that combines a work space and incidental
residential space occupied and used by a single household in a structure that has
been constructed for such use or converted from commercial or industrial use and
structurally modified to accommodate residential occupancy and work activity in
compliance with the Building Code. The working space is reserved for and
regularly used by 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
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recreation facilities available to guests or to the general public. This use
classification includes motor lodges, motels, apartment hotels, hostels and
tourist courts, but does not include rooming houses, boarding houses, or
private residential clubs, single-room occupancy housing, or bed and
breakfast establishments within a single-unit residence.
c. Vacation Rental. A property with a dwelling unit or guest
house intended for permanent occupancy that is available for rent or hire
for any person other than the primary owner for transient use for 30 days or
less or is otherwise occupied or utilized on a transient basis for 30 days or
less. Vacation rental does not include a Bed and Breakfast as defined
above.
16. Maintenance and Repair Service. Establishments engaged in the
maintenance or repair of office machines, household appliances, furniture, and
similar items. This classification excludes maintenance and repair of motor
vehicles or boats (see Automotive/Vehicle Sales and Services) and personal
apparel (see Personal Services).
17. Mobile Food Truck Off-Street Venue. A location where the
commercial vending of food occurs from parked vehicles.
18. Nursery and Garden Center. Establishments primarily engaged in
retailing nursery and garden products—such as trees, shrubs, plants, seeds,
bulbs, and sod—that are predominantly grown elsewhere. These establishments
may sell a limited amount of a product they grow themselves. Fertilizer and soil
products are stored and sold in packaged form only.
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19. Offices. Offices of firms, organizations (for-profit and nonprofit), and
public agencies providing professional, executive, management, administrative or
design services, such as accounting, architectural, computer software design,
engineering, graphic design, interior design, investment, insurance, and legal
offices, excluding banks and savings and loan associations with retail banking
services (see Banks and Financial Institutions). This classification also includes
offices where medical and dental services are provided by physicians, dentists,
chiropractors, acupuncturists, optometrists, and similar medical professionals,
including medical/dental laboratories within medical office buildings but excluding
clinics or independent research laboratory facilities (see Research and
Development) and hospitals (see Hospital and Clinic).
a. Business and Professional. Offices of firms, organizations, or
agencies providing professional, executive, management, administrative,
financial, accounting, or legal services, but excluding those that primarily
provide direct services to patrons that visit the office (see Offices, Walk-In
Clientele).
b. Creative. Offices, production spaces, and work spaces of
establishments that are in the business of the development, publishing,
production, or distribution of creative property, including, but not limited to,
advertising, architectural services, broadcasting, communications,
computer software design, media content, entertainment, engineering,
fashion design, film distribution, graphic design, interior design, internet
content, landscape design, photography, and similar uses.
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c. Medical and Dental. Offices providing consultation,
diagnosis, therapeutic, preventive, or corrective personal treatment
services by doctors and dentists; medical and dental laboratories that see
patients; and similar practitioners of medical and healing arts for humans
licensed for such practice by the State of California. Incidental medical
and/or dental research within the office is considered part of the office use
if it supports the on-site patient services.
d. Walk-In Clientele. Offices predominantly providing direct
services to patrons or clients and do not require appointments. This use
classification includes employment agencies, insurance agent offices, real
estate offices, travel agencies, utility company offices, and offices for
elected officials. It does not include banks or check-cashing facilities, which
are separately classified and regulated (see Banks and Financial
Institutions).
20. Parking, Public or Private. Structures and surface lots offering
parking for a fee when such use is not incidental to another on-site activity.
21. Personal Service.
a. General Personal Services. Provision of recurrently needed
services of a personal nature. This classification includes barber shops and
beauty salons, seamstresses, tailors, dry cleaning agents (excluding large-
scale bulk cleaning plants), shoe repair shops, self-service laundries, video
rental stores, photocopying and photo finishing services, and travel
agencies mainly intended for the consumer. This classification also includes
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massage establishments that are in full compliance with the applicable
provisions of Chapter 6.104, Massage Regulations, of the Santa Monica
Municipal Code, and in which all persons engaged in the practice of
massage are certified pursuant to the California Business and Professions
Code Section 4612. This classification does not include gyms, exercise
clubs, or studios offering performing arts, martial arts, physical exercise, or
yoga training and similar types of instruction. See Division 3, Section
9.31.230, Personal Service, for further details.
b. Personal Services, Physical Training. Gyms, exercise clubs,
or studios less than 5,000 square feet offering martial arts, physical
exercise, yoga training and similar types of instruction to classes and
groups. This classification also includes exclusively youth-serving studios
of less than 3,000 square feet offering performing arts, dance, martial arts,
physical exercise, and similar types of instruction to classes and groups of
more than 5 persons.
c. Tattoo or Body Modification Parlor. An establishment whose
principal business activity is one or more of the following: (i) using ink or
other substances that result in the permanent coloration of the skin through
the use of needles or other instruments designed to contact or puncture the
skin; or (ii) creation of an opening in the body of a person for the purpose of
inserting jewelry or other decoration. See Division 3, Section 9.31.230,
Personal Service, for further details.
22. Retail Sales
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(a) Building Materials and Services. Retail sales or rental of
building supplies or equipment. This classification includes lumberyards,
tool and equipment sales or rental establishments, and includes
establishments devoted principally to taxable retail sales to individuals for
their own use. This definition does not include Construction and Material
Yards, hardware stores less than 10,000 square feet or establishments
engaged in the business of selling, leasing, or otherwise transferring any
firearm or ammunitions.
(b) General Retail Sales, Small-Scale. The retail sale or rental of
merchandise not specifically listed under another use classification. This
classification includes retail establishments with 25,000 square feet or less
of sales area; including department stores, clothing stores, furniture stores,
pet supply stores, small hardware and garden supply/nurseries stores (with
10,000 square feet or less of floor area), and businesses retailing goods
including, but not limited to, the following: toys, hobby materials,
handcrafted items, jewelry, cameras, photographic supplies and services
(including portraiture and retail photo processing), medical supplies and
equipment, pharmacies, electronic equipment, sporting goods, kitchen
utensils, hardware, appliances, antiques, art galleries, art supplies and
services, paint and wallpaper, carpeting and floor covering, office supplies,
bicycles, video rental, and new automotive parts and accessories
(excluding vehicle service and installation). Retail sales may be combined
with other services such as office machine, computer, electronics, and
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similar small-item repairs. See Division 3, Sections 9.31.210, Outdoor
Newsstands, and 9.31.220, Outdoor Retail Display and Sales, where
applicable, for further details.
(c) General Retail Sales, Medium-Scale. The retail sale or rental
of merchandise not specifically listed under another use classification. This
classification includes retail establishments with more than 25,000 square
feet but not more than 80,000 square feet of sales area.
(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. Medical Marijuana Dispensary Any
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facility, building, structure, or fixed location where one or more qualified
patients and/or persons with identification cards and/or primary caregivers
cultivate, distribute, sell, dispense, transmit, process, exchange, give away,
or otherwise make available marijuana for medical purposes. The terms
“primary caregiver,” “qualified patient,” and “person with an identification
card” shall be as defined in California Health and Safety Code Section
11362.5 et seq.
i. A Medical Marijuana Dispensary shall not include the
following uses, as long as the location of such uses are otherwise
regulated by applicable law and as long as any such use complies
strictly with applicable law including, but not limited to, California
Health and Safety Code Section 11362.5 et seq.:
(1) A clinic licensed pursuant to Chapter 1 of Division 2 of
the California Health and Safety Code.
(2) A health care facility licensed pursuant to Chapter 2 of
Division 2 of the California Health and Safety Code.
(3) A residential care facility for persons with chronic life-
threatening illness licensed pursuant to Chapter 3.01 of Division
2 of the California Health and Safety Code.
(4) A residential care facility for the elderly licensed
pursuant to Chapter 3.2 of Division 2 of the California Health and
Safety Code.
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(5) A residential hospice, or a home health agency
licensed pursuant to Chapter 8 of the California Health and Safety
Code.
ii. A Medical Marijuana Dispensary shall also not include
any dwelling unit where qualified patients or persons with an
identification card permanently reside and collectively or
cooperatively cultivate marijuana on-site for their own personal
medical use and does not include the provision, cultivation, or
distribution of medical marijuana at this dwelling unit by primary
caregivers for the personal medical use of the qualified patients or
persons with an identification card who have designated the
individual(s) as a primary caregiver, in accordance with California
Health and Safety Code Sections 11362.5 and 11362.7 et seq.
(f) Pawn Shop. Establishments engaged in the buying or selling
of new or secondhand merchandise and offering loans in exchange for
personal property.
(g) Swap Meet. Any indoor or outdoor place, in an approved
location, or for an approved activity where new or used goods or
secondhand personal property is offered for sale or exchange to the general
public by a multitude of individual licensed vendors, usually in
compartmentalized spaces. The term swap meet is interchangeable with
and applicable to: flea markets, auctions, open air markets, outdoor sales
activities, or other similarly named or labeled activities; but does not include
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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 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
Ordinance is for any reason held to be invalid or unconstitutional by a decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it
would have passed this Ordinance and each and every section, subsection,
sentence, clause, or phrase not declared invalid or unconstitutional without regard
to whether any portion of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. The City Clerk shall cause the same to be published
once in the official newspaper within 15 days after its adoption. This Ordinance
shall become effective thirty days after its adoption.
APPROVED AS TO FORM:
_________________________ DOUGLAS SLOAN
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City Attorney
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Xavier Mota
From:Steven Rice <steventrice@yahoo.com>
Sent:Saturday, October 7, 2023 7:49 PM
To:councilmtgitems
Subject:Opposition to a non medicinal marijuana only dispensary at 1416 Wilshire Boulevard
EXTERNAL
Dear council ‐
I strongly oppose the efforts to open this dispensary so close to Lincoln Middle School & Lincoln child development
center. As a longtime resident, growing up in this community, attending both Lincoln Junior High ( at its time ) and then
graduating from Samohi. Now my wife and I are raising young daughters who currently attend Roosevelt elementary
school. To have this recreational shop so close to our kids is a horrible idea.
We understand the importance of ensuring access to medical marijuana for those in genuine need, but my family is
deeply concerned that eliminating these restrictions without first establishing a clear and comprehensive municipal code
subsection for (Adult‐use) recreational marijuana retailers would be premature and potentially harmful.
We commend the Council for its thoughtful approach on the selection of retailers and the establishment of local
ordinances pertaining to Medicinal Cannabis Dispensaries in our city. In light of this, I respectfully urge the Santa Monica
City Council to continue its diligent efforts and prioritize the development and implementation of a comprehensive
municipal code specifically tailored to regulate (Adult‐use) recreational marijuana retailers before any consideration is
given to the removal of medical‐only restrictions. This code should address essential issues such as proximity to
schools, advertising regulations, and stringent measures to prevent underage access. The impacts of Medical‐only
Dispensaries vs. Adult‐use Recreational Dispensaries on a community are not equal, so the code defining them should
not be the same.
Let us ensure that the interests of our children and the safety of our community are at the forefront of any decisions
made regarding marijuana retail in Santa Monica. I kindly request that you carefully consider the potential ramifications
of this proposal on our children's well‐being and education.
Thank you for your continued unwavering commitment to our community.
Sincerely,
Steve Rice
Sent from my iPhone
ITEM 10.C. October 10, 2023
ITEM 10.C. October 10, 2023
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Xavier Mota
From:Steven Rice <steventrice@yahoo.com>
Sent:Saturday, October 7, 2023 7:52 PM
To:councilmtgitems
Subject:Re: Opposition to a non medicinal marijuana only dispensary at 1416 Wilshire Boulevard ## to be
clear medicinal only not recreational
EXTERNAL
Please be clear in the email just sent seconds ago No Recreational Use to be sold only medically recommended is what
we support
Sent from my iPhone
On Oct 7, 2023, at 7:48 PM, Steven Rice <steventrice@yahoo.com> wrote:
Dear council ‐
I strongly oppose the efforts to open this dispensary so close to Lincoln Middle School & Lincoln child
development center. As a longtime resident, growing up in this community, attending both Lincoln
Junior High ( at its time ) and then graduating from Samohi. Now my wife and I are raising young
daughters who currently attend Roosevelt elementary school. To have this recreational shop so close to
our kids is a horrible idea.
We understand the importance of ensuring access to medical marijuana for those in genuine need, but
my family is deeply concerned that eliminating these restrictions without first establishing a clear and
comprehensive municipal code subsection for (Adult‐use) recreational marijuana retailers would be
premature and potentially harmful.
We commend the Council for its thoughtful approach on the selection of retailers and the establishment
of local ordinances pertaining to Medicinal Cannabis Dispensaries in our city. In light of this, I
respectfully urge the Santa Monica City Council to continue its diligent efforts and prioritize the
development and implementation of a comprehensive municipal code specifically tailored to regulate
(Adult‐use) recreational marijuana retailers before any consideration is given to the removal of medical‐
only restrictions. This code should address essential issues such as proximity to schools, advertising
regulations, and stringent measures to prevent underage access. The impacts of Medical‐only
Dispensaries vs. Adult‐use Recreational Dispensaries on a community are not equal, so the code defining
them should not be the same.
Let us ensure that the interests of our children and the safety of our community are at the forefront of
any decisions made regarding marijuana retail in Santa Monica. I kindly request that you carefully
consider the potential ramifications of this proposal on our children's well‐being and education.
Thank you for your continued unwavering commitment to our community.
Sincerely,
ITEM 10.C. October 10, 2023
ITEM 10.C. October 10, 2023
10.C.f
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Steve Rice
Sent from my iPhone
ITEM 10.C. October 10, 2023
ITEM 10.C. October 10, 2023
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Xavier Mota
From:Wendy Meyer <takenoteon@yahoo.com>
Sent:Monday, October 9, 2023 12:34 PM
To:councilmtgitems
Subject:City Clerk Re: Adult-Use Cannabis IZO
EXTERNAL
Hello,
I would like to submit a public comment to the Oct. 10, 2023 City Council member meeting.
Dear City Council Members, I would like the council to oppose amending the Interim Zoning
Ordinance, until it can establish a clear and comprehensive municipal code subsection for (adult-use)
recreational marijuana retailers. As a member of the community and a parent of underage students, I
am concerned about recreational marijuana being sold in close proximity to the middle school.
Thank you,
Wendy Meyer
ITEM 10.C. October 10, 2023
ITEM 10.C. October 10, 2023
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Xavier Mota
From:Esther Hickman <estherheidi@gmail.com>
Sent:Tuesday, October 10, 2023 9:50 AM
To:councilmtgitems; Council Mailbox
Subject:Agenda Item 10.C_Cannabis Label Warnings
EXTERNAL
Dear Honorable Council Members,
Please ask staff to work on facilitating prominent health warnings on all the possible health risks associated with
cannabis consumption.
Not everyone metabolizes the properties in these products equally and kids should especially understand this.
Unfortunately, I have too many personal family stories about mental illness to share around this.
Being a 30 year patient of ankylosing spondylitis which requires a constant pain management regimen, I can tell you that
medical marijuana is not for everyone to dabble in and should come with prominent warnings.
Also, have you driven through Van Nuys and North Hollywood lately? Not a pretty sight. Let's keep it professional,
medical and with lots of prominent warning labels. It would be terrible if this initiative created new problems.
‐‐
Esther Hickman
Pico Neighborhood Resident
SMMUSD Alumni and Parent
310.600.7306
ITEM 10.C. October 10, 2023
ITEM 10.C. October 10, 2023
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Xavier Mota
From:Peter Borresen <pbosen@yahoo.com>
Sent:Tuesday, October 10, 2023 10:19 AM
To:councilmtgitems; Council Mailbox; Esther Hickman
Subject:Agenda Item 10.C. City council 10/10/2023. Public written comment. Cannabis warning labels.
EXTERNAL
Prominent, tobacco style, cannabis warning labels.
Dear City Council,
The US Center for Disease Control (the CDC) and the National Institute of Health (NIH) state that
marijuana is proven to increase the risks of serious mental illness, including schizophrenia, and that it
affects brain development, and causes many other serious harms.
It is astonishing that none of the city staff reports that I have seen discuss the health risks of
cannabis. This is remiss of staff and must be addressed before going further.
I ask the council to pause further action regarding cannabis, and give staff time to look at requiring
prominent health warnings at points of sale, on retail packaging and exterior signage.
Pot appears much more harmful to mental health than tobacco. As shown by many scientifically
rigorous, peer reviewed studies, as referenced by the CDC, the NIH and many other health
agencies,
We have health warnings for tobacco. To not have health warnings for pot is absurd.
Consumers have a right to know the risks they take when using a city-permitted, recreational drug.
And even for FDA medicines we require a list of side-effects and risks. By not warning of the risks, we
open up the city to potential future expensive lawsuits from those who suffer psychosis and harm,
when the risks are well known and proven. To say nothing of the harm to the individuals and to
society regarding the increasing violence and homelessness resulting from rising cases of
schizophrenia and psychosis. As we see every day on our streets.
Using the CDC and NIH websites as sources, I ask the council to send the staff report back and to
ask staff to analyze the known health risks, and to study requiring prominent, tobacco style health
warnings on retail packaging, and at the point of sale and outside stores.
I urge everyone to visit the CDC and NIH websites to read more about the health consequences of
marijuana use.
Yours sincerely,
Peter Borresen,
Santa Monica
ITEM 10.C. October 10, 2023
ITEM 10.C. October 10, 2023
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Xavier Mota
From:Nicole villanova-price <nicolevillanova@gmail.com>
Sent:Tuesday, October 10, 2023 10:27 AM
To:councilmtgitems
Subject:NO to Dispensary location near Lincoln Middle School
EXTERNAL
We, as the people of Santa Monica have felt ignored and not the top of our city's priority for quite some time. And now
this. The thought of our council and city approving a non‐medical dispensary location less than 800 feet from our
community middle school is unconscionable. The fact that a medical one went up under the cloud of Covid was already
disturbing. Please make this right and refuse Medicinal Cannabis Retailers anywhere near our schools. It took years for
the city to decide on where we stand and to land here is just an embarrassment.
My 8th grader at Lincoln already shares with me stories of kids being high everyday and getting high in the bathrooms.
We do not need to make this reality even easier for teenagers.
ITEM 10.C. October 10, 2023
ITEM 10.C. October 10, 2023
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Xavier Mota
From:Trinedy Kru <trinedy@proton.me>
Sent:Tuesday, October 10, 2023 11:04 AM
To:councilmtgitems
Subject:Agenda Item 10: City Clerk Re: Adult-Use Cannabis IZO
EXTERNAL
Subject: City Clerk Re: Adult-Use Cannabis IZO
Dear Santa Monica City Council,
I am writing to you as a concerned parent, with three children currently attending schools in Santa Monica. I would
like to express my strong opposition to the proposed removal of medical-only restrictions on marijuana retailers at
this time. If this proposal is approved too hastily, it will fail to adequately consider the potential repercussions on our
local community, particularly on Lincoln Middle School and Lincoln Child Development Center, which are situated
less than 800 feet away from the proposed location of the previously granted Conditional Use Permit at 1416
Wilshire Blvd.
While I wholeheartedly understand the importance of ensuring access to medical marijuana for those in genuine
need, I am deeply concerned that eliminating these restrictions without first establishing a clear and comprehensive
municipal code subsection for (Adult-use) recreational marijuana retailers would be premature and potentially
harmful.
I commend the Council for its thoughtful approach to the selection of retailers and the establishment of local
ordinances pertaining to Medicinal Cannabis Dispensaries in our city. In light of this, I respectfully urge the Santa
Monica City Council to continue its diligent efforts and prioritize the development and implementation of a
comprehensive municipal code specifically tailored to regulate (Adult-use) recreational marijuana retailers before
any consideration is given to the removal of medical-only restrictions. This code should address essential issues
such as proximity to schools, advertising regulations, and stringent measures to prevent underage access.
The impacts of Medical-only Dispensaries vs. Adult-use Recreational Dispensaries on a community are not equal,
so the code defining them should not be the same.
Let us ensure that the interests of our children and the safety of our community are at the forefront of any decisions
made regarding marijuana retail in Santa Monica. I kindly request that you carefully consider the potential
ramifications of this proposal on our children's well-being and education.
Thank you for your unwavering commitment to our community.
Sincerely,
Trinedy Krusell
Santa Monica Resident, Parent, Volunteer, Voter, Business Owner
ITEM 10.C. October 10, 2023
ITEM 10.C. October 10, 2023
10.C.f
Packet Pg. 933 Attachment: Written Comments [Revision 1] (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at Existing Medicinal
1
Xavier Mota
From:Sabrina Sin <sabrina.sin@gmail.com>
Sent:Tuesday, October 10, 2023 11:48 AM
To:councilmtgitems
Subject:City Clerk Re: Adult-Use Cannabis IZO
EXTERNAL
Dear Santa Monica City Council,
I'm asking the City Council to oppose amending the Interim Zoning Ordinance, until it can establish a clear and
comprehensive municipal code subsection for (adult‐use) recreational marijuana retailers. It is both premature and
potentially harmful to do so without adequate review. The location (1416 Wilshire Blvd) of the dispensary had already
raised concerns with parents, residents, neighbors when issued as a medicinal retailer within 800 feet away from both a
preschool and middle school.
I would like to express my strong opposition to the proposed removal of medical‐only restrictions on marijuana retailers
at this time. If this proposal is approved too hastily, it will fail to adequately consider the potential repercussions on our
local community, particularly on Lincoln Middle School and Lincoln Child Development Center.
This code should address essential issues such as proximity to schools, advertising regulations, and stringent
measures to prevent underage access. The impacts of Medical‐only Dispensaries vs. Adult‐use Recreational
Dispensaries on a community are not equal, so the code defining them should not be the same.
Let us ensure that the interests of our children and the safety of our community are at the forefront of any decisions
made regarding marijuana retail in Santa Monica. I kindly request that you carefully consider the potential ramifications
of this proposal on our children's well‐being and education.
A Concerned Parent,
Sabrina Sin
Santa Monica Resident
‐‐‐
ITEM 10.C. October 10, 2023
ITEM 10.C. October 10, 2023
10.C.f
Packet Pg. 934 Attachment: Written Comments [Revision 1] (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at Existing Medicinal
Subject: Re: Agenda Item #10 Adult-Use Cannabis IZO
Dear Santa Monica City Council,
I hope this message finds you well. I am writing to express my deep concerns about the proposed
removal of medical-only restrictions on marijuana retailers, particularly with regard to the
establishment at 14th & Wilshire, known as “Harvest."
Dispensaries are intended to serve individuals with serious medical conditions, I am concerned
about the agenda item proposing the removal of the medical use restriction for a local dispensary.
I applaud the initial responsible approach of the City Council in ensuring that the proposed store
at 14th & Wilshire, "Harvest," operated exclusively for medicinal purposes. It is essential to
recognize that the existing legislation does not prohibit a city from adopting ordinances or
policies that further restrict the location or establishment of medicinal cannabis cooperatives,
collectives, dispensaries, operators, establishments, or providers.
Therefore, I urge you NOT to remove the medicinal use restriction for this dispensary. Given the
well-documented detrimental mental and physical health effects associated with cannabis and
related products, the existence of such stores should be approached with caution. Additionally, I implore you to take proactive steps to strengthen the Santa Monica ordinances
and policies governing Cannabis shops. We must prioritize the health and well-being of Santa
Monicans, especially our children. To this end, I urge you to develop robust ordinances and
policies aimed at preventing children from accessing marijuana and non-smoking marijuana
products such as edibles, to restrict advertising and promotion targeting children and youth in
any form, whether it be through smoking, edibles, liquids, or vaping/electronic delivery systems.
Moreover, I recommend introducing restrictions on the marketing of cannabis flavors and
flavored additives that could appeal to youth. These measures are crucial to discourage cannabis
use among adolescents and protect their health. Looking forward, I propose that you consider a
minimum proximity requirement of 1000 feet between cannabis storefronts and schools, in
alignment with drug-free school zones. This step would further safeguard our youth and
educational institutions from the potential influence of marijuana dispensaries, as proximity
correlates to increased youth cannabis use.
Thank you for your dedication and service to our city. Your efforts are greatly appreciated. I trust
that you will carefully consider these concerns and ensure that we have the necessary policies in
place to responsibly move forward. Let us work together to protect the physical and mental well-
being of Santa Monicans for years to come.
Sincerely,
Danielle Litak
ITEM 10.C. October 10, 2023
ITEM 10.C. October 10, 2023
10.C.f
Packet Pg. 935 Attachment: Written Comments [Revision 1] (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at Existing Medicinal
1
Xavier Mota
From:Erika Bell <erikabell@rocketmail.com>
Sent:Tuesday, October 10, 2023 3:58 PM
To:councilmtgitems; Gleam Davis; Phil Brock; Lana Negrete; Christine Parra; Jesse Zwick; Caroline
Torosis; Oscar de la Torre
Subject:City Clerk Re: Adult-Use Cannabis IZO
EXTERNAL
Dear Santa Monica City Council,
I am writing to you as a concerned parent, with two children currently attending schools in Santa
Monica. I would like to express my strong opposition to the proposed removal of medical-only
restrictions on marijuana retailers at this time. If this proposal is approved too hastily, it will fail to
adequately consider the potential repercussions on our local community, particularly on Lincoln
Middle School and Lincoln Child Development Center, which are situated less than 800 feet away
from the proposed location of the previously granted Conditional Use Permit at 1416 Wilshire Blvd.
While I wholeheartedly understand the importance of ensuring access to medical marijuana for those
in genuine need, I am deeply concerned that eliminating these restrictions without first establishing a
clear and comprehensive municipal code subsection for (Adult-use) recreational marijuana retailers
would be premature and potentially harmful.
I commend the Council for its thoughtful approach to the selection of retailers and the establishment
of local ordinances pertaining to Medicinal Cannabis Dispensaries in our city. In light of this, I
respectfully urge the Santa Monica City Council to continue its diligent efforts and prioritize the
development and implementation of a comprehensive municipal code specifically tailored to regulate
(Adult-use) recreational marijuana retailers before any consideration is given to the removal of
medical-only restrictions. This code should address essential issues such as proximity to
schools, advertising regulations, and stringent measures to prevent underage access. The
impacts of Medical-only Dispensaries vs. Adult-use Recreational Dispensaries on a community are
not equal, so the code defining them should not be the same.
Let us ensure that the interests of our children and the safety of our community are at the forefront of
any decisions made regarding marijuana retail in Santa Monica. I kindly request that you carefully
consider the potential ramifications of this proposal on our children's well-being and education.
Thank you for your unwavering commitment to our community.
Take care,
Erika Bell
ITEM 10.C. October 10, 2023
ITEM 10.C. October 10, 2023
10.C.f
Packet Pg. 936 Attachment: Written Comments [Revision 1] (5909 : Interim Zoning Ordinance to Allow Adult-Use Cannabis Sales at Existing Medicinal
City Council
Report
City Council Meeting: October 10, 2023
Agenda Item: 10.D
1 of 6
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources
Subject: Introduction and First Reading of Water and Wastewater Capacity Study
Ordinances
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15061 (b)(3) and
Section 15308 of the California Environmental Quality Act (CEQA) Guidelines.
2. Introduce for first reading the attached ordinance to amend Santa Monica
Municipal Code 7.12.180 to require water capacity studies for new
developments.
3. Introduce for first reading the attached ordinance to amend Santa Monica
Municipal Code 7.04 to require wastewater capacity studies for new
developments.
Summary
The City of Santa Monica’s Water Resources Division within the Public Works
Department operates and maintains an expansive domestic water and sanitary sewer
network that consists of over 200 miles of water mains and over 150 miles of
wastewater collection pipes that collectively serve over 93,000 residents and 2,700
businesses in the city. In its current configuration, the city’s water and wastewater
infrastructure may not be able to accommodate future high-density developments that
replace existing lower density land uses. To ensure reliable water and wastewater
services are maintained, water and wastewater capacity studies have been required by
the City for new developments to analyze the development’s impact and verify if those
impacts can be accommodated by the City’s water and wastewater infrastructure.
However, the City’s utility ordinances have not been updated since the 1990s and do
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not reflect the need for clarity as to the City’s utility review process for new
development, so that (i) developers can take into account adequate water and sewer
capacity to service their developments and impacts to all other properties that share
local infrastructure, and (ii) developers can have an opportunity early in the planning
and design process to understand the City’s level of service requirements and verify
available capacity to serve the development. Early input is critical due to the anticipated
increase in by-right Planning approvals for housing development, in accordance with
state housing laws and the City’s 6th Cycle Housing Element and implementing
ordinances. Staff therefore seeks to modify Santa Monica Municipal Code Chapter 7.12
and 7.04 to clarify requirements for conducting a water capacity study and wastewater
capacity study, respectively, for new developments.
Discussion
The City’s Water Resources Division is a retail water agency that provides potable and
recycled water throughout the city for single and multi-family residential, commercial,
and industrial uses, as well as landscape irrigation and fire protection. The Water
Resources Division is also responsible for all facilities that support the collection and
conveyance of wastewater for safe collection and final treatment at the City of Los
Angeles’s Hyperion Treatment Plant. The City’s water and wastewater infrastructure is
largely built-out, therefore, the domestic water supply and wastewater collection
infrastructure is already in place and generally fixed in nature. The City, to the extent
practical, will provide water and wastewater service when: 1) sufficient water supply and
distribution capacity and/or wastewater collection capacity is available to accommodate
the new development’s water and wastewater demand and 2) the proposed
development can be provided water and its wastewater can be safely collected in a
manner that meets the City’s requirements. Per state law, water and sewer service is
prioritized for new housing development over new commercial and industrial
development.
Water and wastewater capacity studies (Capacity Studies) are required for new
developments to analyze the development’s impact on the City’s water and wastewater
infrastructure and verify if the existing infrastructure can accommodate the proposed
10.D
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development. Development projects have the potential to overtax the City’s wastewater
and water systems, which could lead to sanitary sewer overflows and loss of pressure,
or even loss of supply, in the water distribution system. Capacity Studies are vital to
safeguard public health and maintain reliable service. The location and/or size of new
development determines if the new development is required to implement off-site
improvements (e.g., increasing the size of the wastewater collection pipe) to
accommodate the increased water and/or wastewater service from the new
development. This determination is based upon engineering hydraulic models and do
not involve subjective determination by the City (e.g., any contribution from new
development that would cause a sewer line to exceed 85% capacity during wet weather
flow or water pressure to be outside of the range of 40 to 100 psi). Because the
capacity determination is based upon locality and/or size of new development, it is
possible that even a small development could impact local infrastructure. The only way
to confirm available water/wastewater capacity to serve the development is to conduct a
Capacity Study.
Currently, the requirement to conduct Capacity Studies and consequential off-site
improvements is determined at the time of the Building Permit Plan Check when 100%
plans of the proposed development are submitted for review. This may potentially delay
the approval process as well as require additional design effort to incorporate off-site
improvements.
The proposed ordinance would support the new streamlined entitlement and Building
Permit Plan Check process by 1) determining if Capacity Studies are required before
the planning application is deemed complete by the City and 2) if deemed required, the
Capacity Studies and design of consequent off-site improvements to be completed
before building plans are submitted for Building Permit Plan Check. This process will
provide early determination, at the planning stage, if Capacity Studies are required for
the new development. The developer would have sufficient time to conduct the Capacity
Studies, confirm capacity and off-site improvements needed, and incorporate off-site
improvements in the development’s overall plans as it is being designed.
10.D
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Any local off-site improvements identified through the Capacity Studies are the
responsibility of the developer and are not covered by capital facility fees. Capital
facility fees (or capacity fees) are to ensure future customers, or existing customers
requesting additional service, would enter as equal participants as existing customers.
The capital facility fee is calculated based on existing assets and planned capital
improvements projects to maintain current level of service since the city’s
water/wastewater infrastructure is built-out. In other words, planned capital
improvements (e.g., replacing a 70 year old 8-inch water main with a new 8-inch water
main) are to maintain current level of service, or existing capacity, and not to increase
service capacity that is triggered by new developments. In the past five years, there
have only been two to three developments where off-site improvements have been
required (e.g., 710 Broadway development).
The City’s water neutrality fees are intended to ensure no net new water use by any
new development at the time a building permit is issued, but do not limit actual water
use and/or wastewater discharged after a new development has obtained a certificate
of occupancy. Furthermore, any water neutrality in-lieu fees are used to install water
efficiency fixtures throughout the City to offset the increase in water demand of the
development and do not correlate to impacts of new development on localized
infrastructure. Consequently, the City’s water neutrality ordinance, while serving to limit
increased water demand caused by new development, cannot be relied upon when
making a technical determination as to sufficient water or sewer capacity for new
development.
As a practical matter, a Capacity Study consists of data collected by monitoring water
pressure and wastewater flows in the existing infrastructure in the vicinity of new
proposed development as determined by Water Resources staff before new
development is constructed to understand the baseline capacity of that infrastructure
being used already.
Guidelines for the Capacity Studies will be published by the Water Resources Division
and posted on the City’s website.
10.D
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A proposed draft of SMMC 7.12.180 to require water capacity studies for new
developments is included in Attachment A.
A proposed draft of SMMC 7.04.880 to require wastewater capacity studies for new
developments is included in Attachment B.
Environmental Review
The ordinances to require water and wastewater capacity studies for new developments
are categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15061 (b)(3) and Section 15308 of the CEQA Guidelines. The
ordinances are covered by the common sense exemption which states that CEQA does
not apply, “where it can be seen with certainty that there is no possibility that the activity
in question may have significant effect on the environment.” Section 15308 of the CEQA
Guidelines exempts actions taken by regulatory agencies, as authorized by state or
local ordinance, to assure the maintenance, restoration, enhancement, or protection of
the environment where the regulatory process involves procedures for protection of the
environment. The ordinance changes would establish requirements to conduct water
and wastewater capacity studies to ensure that existing water and wastewater
infrastructure would not be adversely impacted by new developments. Therefore, the
ordinances are exempt pursuant to Section 15061(b)(3) and Section 15308 of the
CEQA guidelines.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action. Staff will return to Council if specific budget actions are required
in the future.
10.D
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Prepared By: Dinaz Kureishy, Civil Engineering Assistant
Approved
Forwarded to Council
Attachments:
A. Draft Ordinance - SMMC 7.12.180 Water Capacity Study
B. Draft Ordinance - SMMC 7.04.880 Wastewater Capacity Study
C. Written Comments
10.D
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City Council Meeting October 10, 2023 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SECTION 7.12.180 OF THE SANTA MONICA
MUNICIPAL CODE TO REQUIRE WATER CAPACITY STUDIES FOR NEW
DEVELOPMENTS
WHEREAS, the City’s Department of Public Works- Water Resources Division is
a retail water agency that provides potable water for New Development, as well as
landscape irrigation and fire protection; and
WHEREAS, the City and its water infrastructure are largely built out, therefore, the
domestic water supply infrastructure is already in place and generally fixed in nature; and
WHEREAS, the City, to the extent practical, provides water service when sufficient
water supply and distribution capacity is available to accommodate demand approved
within the service area; and
WHEREAS, the City’s Water Resources seeks to amend this section of code to
require all New Development in the City to conduct a Water Capacity Study to confirm
that the available water infrastructure (e.g., the size of the water service laterals directly
serving the property or adjacent water mains) has sufficient capacity to deliver water to
the New Development or does not adversely impact existing users; identify what
additional infrastructure is needed to provide adequate service for the New Development;
10.D.a
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and ensure that the applicant for the New Development pays for the study as well as the
additional infrastructure, if needed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 7.12.180 is hereby amended to
read as follows:
7.12.180 Reserved Water Capacity Study Required for New Development.
(a) Applicability. Except as provided in subparagraph (g), below, an applicant
for New Development in the City shall conduct a Water Capacity Study to
determine whether and to what extent additional local off-site water
infrastructure improvements are necessary to serve the development.
(b) Definitions.
i. “New Development”. For the purposes of implementing this Section,
New Development means any new construction with water fixtures; any
increase in gross floor area of an existing development with new water
fixtures; and any subdivision of land, including lot splits. Without limiting
the generality of the foregoing definition, new development includes the
addition of an accessory dwelling unit, as defined in Section 9.31.025, but
does not include the addition of a junior accessory dwelling unit, as
defined in Section 9.31.025;
10.D.a
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ii. “Adverse Impact” means the inability to provide adequate potable
water service due to the size of the existing infrastructure compared with
the demand for potable water service required to serve existing and/or
New Development.
iii. “Water Capacity Study” means a hydraulic analysis of the City’s water
distribution system to determine if the existing infrastructure could
maintain reliable service to the New Development or if off-site
improvements are required to serve the New Development.
(c) Timing for Submittal of Study.
i. The need to conduct a Water Capacity Study for the New Development
shall be confirmed before the planning application, including but not
limited to Administrative Approval Application or application for
Development Review Permit, is deemed complete by the City. The Water
Capacity Study, if required, shall be completed based upon the guidelines
published by the City’s Water Resources Manager and posted on the
Water Resources Division website.
ii. If a Water Capacity Study is required for the New Development, the
capacity study, findings of the capacity study, and the plans for any local
off-site improvements required to serve the New Development shall be
10.D.a
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completed before building plans are submitted for Building Permit Plan
Check.
(d) Requirements for Off-Site Improvements. If the City’s Water Resources
Manager or designee determines, based upon the Water Capacity Study
results, that additional off-site infrastructure is required to satisfy the
additional demand created by the New Development, then the applicant for
the New Development shall be required to construct off-site infrastructure
as necessary to accommodate the New Development. Required off-site
improvements shall be confirmed at the time of Building Permit Plan Check.
(e) The applicant for the New Development shall be responsible for paying all
administrative fees (e.g., Water Study Review Fee) incurred by the City to
review the Water Capacity Study.
(f) The Water Resources Manager may refuse water service in areas where the
New Development will cause or contribute to creation of an Adverse Impact
on the City’s water distribution infrastructure.
(g) Exemptions.
i. The City’s Director of Public Works may exempt an applicant or New
Development from the requirements of this Section, upon showing by the
10.D.a
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applicant that the requirements of this Section would cause undue
hardship.
ii. For purposes herein, an “undue hardship” shall be found where
imposition of the water capacity study and local off-site improvement
requirements would deprive the applicant or New Development of all
economically beneficial use of that site or otherwise be prohibited by
applicable State or Federal law.
iii. An undue hardship application shall include all information necessary
for the Director to make a finding of undue hardship, including, but not
limited to, documentation showing the factual support for the claimed
undue hardship.
iv. The Director may approve the undue hardship exemption application,
in whole or in part, with or without conditions.
v. Any exemption granted by the Director is effective immediately.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
10.D.a
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this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
_________________________
DOUGLAS SLOAN
City Attorney
10.D.a
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City Council Meeting October 10, 2023 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SECTION 7.04.880 TO THE SANTA MONICA MUNICIPAL
CODE TO REQUIRE WASTEWATER CAPACITY STUDIES FOR NEW
DEVELOPMENTS
WHEREAS, the City’s Department of Public Works- Water Resources Division is
responsible for all facilities that support the collection and conveyance of wastewater for
safe collection and treatment; and
WHEREAS, the City and its wastewater infrastructure are largely built out,
therefore, the wastewater collection infrastructure is already in place and generally fixed
in nature; and
WHEREAS, the City, to the extent practical, will provide wastewater service
when: 1) sufficient collection capacity is available to accommodate the demand
approved by the City’s Water Resources Division within the service area and 2) the
proposed development can be provided with wastewater collection services in a fashion
that meets the City’s criteria as well as the City of Los Angeles’ criteria; and
WHEREAS, the City currently collects and convey its wastewater to the City of
Los Angeles’ Hyperion Treatment Plant as part of City of Los Angeles’ Amalgamated
System; and
10.D.b
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WHEREAS, the City’s Water Resources Division seeks to add a new section of
code to require all new multi-family, mixed-use, institutional, and commercial
development in the City to conduct a wastewater capacity study to confirm available
capacity and identify local off-site water infrastructure improvements that the
applicant/developer is responsible for to serve the development.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 7.04.880 is hereby added to read as
follows:
7.04.880 Wastewater Capacity Study Required for New Development.
(a) Applicability. Except as provided in subparagraph (g), below, an applicant
for New Development in the City shall conduct a Wastewater Capacity Study
to determine whether and to what extent additional local off-site wastewater
infrastructure improvements are necessary to serve the development.
(b) Definitions.
i. “New Development”. For the purposes of implementing this Section,
New Development means any new construction with water fixtures; any
increase in gross floor area of an existing development with new water
fixtures; and any subdivision of land, including lot splits. Without limiting
the generality of the foregoing definition, new development includes the
addition of an accessory dwelling unit, as defined in Section 9.31.025, but
10.D.b
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does not include the addition of a junior accessory dwelling unit, as
defined in Section 9.31.025;
ii. “Adverse Impact” means the inability to provide adequate wastewater
collection service due to the size of the existing infrastructure compared
with the demand for wastewater service required to serve existing and/or
New Development.
iii. “Wastewater Capacity Study” means a hydraulic analysis of the City’s
wastewater collection system to determine if the existing infrastructure
could maintain reliable service to the New Development or if off-site
improvements are required to serve the New Development.
(c) Timing for Submittal of Study.
i. The need to conduct a Wastewater Capacity Study for the New
Development shall be confirmed before the planning application,
including but not limited to Administrative Approval Application or
application for Development Review Permit, is deemed complete by the
City. The Wastewater Capacity Study, if required, shall be completed
based upon the guidelines published by the City’s Water Resources
Manager and posted on the Water Resources Division website.
10.D.b
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ii. If a Wastewater Capacity Study is required for the New Development,
the capacity study, findings of the capacity study, and the plans for any
local off-site improvements required to serve the New Development shall
be completed before building plans are submitted for Building Permit
Plan Check.
(d) Requirements for Off-Site Improvements. If the City’s Water Resources
Manager or designee determines, based upon the Wastewater Capacity
Study results, that additional off-site infrastructure is required to satisfy the
additional demand created by the New Development, then the applicant for
the New Development shall be required to construct off-site infrastructure
as necessary to accommodate the New Development. Required off-site
improvements shall be confirmed at the time of Building Permit Plan Check.
(e) The applicant for the New Development shall be responsible for paying all
administrative fees (e.g., Sewer Study Review Fee) incurred by the City to
review the Wastewater Capacity Study.
(f) The Water Resources Manager may refuse water service in areas where the
New Development will cause or contribute to creation of an Adverse Impact
on the City’s wastewater collection infrastructure.
10.D.b
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(g) Exemptions.
i. The City’s Director of Public Works may exempt an applicant or New
Development from the requirements of this Section, upon showing by the
applicant that the requirements of this Section would cause undue
hardship.
ii. For purposes herein, an “undue hardship” shall be found where
imposition of the water capacity study and local off-site improvement
requirements would deprive the applicant or New Development of all
economically beneficial use of that site or otherwise be prohibited by
applicable State or Federal law.
iii. An undue hardship application shall include all information necessary
for the Director to make a finding of undue hardship, including, but not
limited to, documentation showing the factual support for the claimed
undue hardship.
iv. The Director may approve the undue hardship exemption application,
in whole or in part, with or without conditions.
v. Any exemption granted by the Director is effective immediately.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
10.D.b
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SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
_________________________
DOUGLAS SLOAN
City Attorney
10.D.b
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Xavier Mota
From:Marc Verville <ml.verville@verizon.net>
Sent:Saturday, October 7, 2023 6:03 PM
To:Gleam Davis; Caroline Torosis; Jesse Zwick; Phil Brock; Oscar de la Torre; Christine Parra; Lana
Negrete
Cc:councilmtgitems
Subject:SMCC 10-10-2023 Item 10.D. - Introduction and First Reading of Water and Wastewater Capacity
Study Ordinances
EXTERNAL
Dear City Council,
The staff report for this item does not menƟon any process to incorporate pending state water
usage cutbacks that will be especially substanƟal in Southern California.
The AssociaƟon of California Water Agencies’ (ACWA) “Making ConservaƟon a California Way
of Life” (MCACWOL) program implemented under the 2018 statutes AB 1668 and SB 606,
would require urban retail water suppliers to meet an agency‐specific urban water use
objecƟve starƟng in 2025. In total, about 80% of water agencies in California will be forced to
cut back within the next 12 years, according to state esƟmates. It is esƟmated that larger
proporƟonal cuts will be required in Southern California, where a drier climate generally
yield greater water use. In some cases in the state, reducƟons of more than 50% will be
mandated by 2035.
This means that the City’s Water Neutrality ordinance will require ongoing adjustment to
account for the state‐mandated cuts. Cuts to Citywide usage to comply with the MCACWOL
program will severely restrict, if not eliminate, the amount of water available for incremental
new developments. And these cuts will be phased in over Ɵme, compounding the problem of
meeƟng the new lower standards as thousands of new housing units hit the city every
year. None of these issues are addressed in the staff report.
Moreover, the DraŌ Ordinance ‐ SMMC 7.04.880 Wastewater Capacity Study notes in §1.g.ii
ExempƟons that if the requirements would stop development, then it can be approved
regardless under “hardship”. This effecƟvely negates any developer restricƟons.
Since the city has not objected to the nominal RHNA allocaƟon of 8,895 units, and since an
overwhelming number of projects are being approved with an effecƟve 10% inclusionary rate,
the actual number of units being contemplated by the city is 50,000 or more. Water neutrality
will be impossible by definiƟon. ExisƟng residents will be required to substanƟally subsidize
development’s impact on water demands by even steeper cuts than the state mandates.
ITEM 10.D. October 10, 2023
ITEM 10.D. October 10, 2023
10.D.c
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The absence of mechanisms in this item to address both the coming mandated state
reducƟons and the effecƟve number of units the city is effecƟvely approving makes no sense.
This item must be reworked to provide clarity on how these significant risk issues will be
addressed.
Respecƞully,
Marc Verville
Sunset Park
ITEM 10.D. October 10, 2023
ITEM 10.D. October 10, 2023
10.D.c
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