City of Santa Monica, CA STANDARDS FOR SPECIFIC USES AND ACTIVITIES

§ 9.31.010 Purpose.

The purpose of this Chapter is to establish standards for specific uses and activities that are permitted or conditionally permitted in several or all Districts. These provisions are supplemental standards and requirements intended to minimize the impacts of these uses and activities on surrounding properties and protect the health, safety, and welfare of their occupants and of the general public. The Reviewing Body may impose additional conditions as may be deemed necessary to achieve these purposes, secure the objectives of the General Plan and this Ordinance, and support the findings of approval.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.31.020 Applicability.

The uses addressed in this Chapter shall be located only where allowed by the regulations of Division 2, Base and Overlay Districts. They shall comply with any applicable standards for the District(s) in which they are located, as well as the standards of this Chapter. In the case of a conflict, the most stringent requirements apply. In cases where this Chapter addresses accessory uses not specifically addressed by Division 2, Base and Overlay Districts, such accessory uses shall be allowed wherever the primary use with which they are associated is permitted by the regulations of Division 2, and any limitations of this Chapter. (See also Chapter 9.51, Use Classifications, for determining whether a use is accessory.)

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.31.025 Accessory Dwelling Units and Junior Accessory Dwelling Units.

Notwithstanding the accessory structure standards of Section 9.21.020, accessory dwelling units and junior accessory dwelling units shall be developed, located, and operated in accordance with the following standards.

Purpose. The purpose of this section is to allow and regulate accessory dwelling units and junior accessory dwelling units in compliance with California Government Code Sections 65852.2 and 65852.22 and, in doing so, to increase the supply of affordable housing in the City. This section shall not be considered in the application of any City ordinance, policy, or program to limit residential growth.

Accessory Dwelling Unit. Accessory dwelling unit (ADU) means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and that is located on a parcel with a proposed or existing primary single-unit or multi-unit dwelling. An ADU shall contain a kitchen and full bathroom separate from the primary dwelling(s) and accessible only to the inhabitants of the ADU. An ADU shall not have interior access to an existing or proposed single-unit dwelling or unit within a multiple-unit dwelling and shall have exterior access that is independent of that for any single-unit dwelling or unit within a multiple-unit dwelling. An ADU may also be: (1) an efficiency unit, as defined in Section 17958.1(b) of the Health and Safety Code; or (2) a manufactured home, as defined in Section 18007 of the Health and Safety Code. An ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary single-unit or multiple-unit dwelling is or will be situated. Permanent provisions for eating and cooking shall include a room or area used for the preparation and storage of food that includes at a minimum, but is not limited to, a sink, refrigerator, and built-in stove or range top.

Junior Accessory Dwelling Unit. Junior accessory dwelling unit (JADU) means a dwelling unit that is no more than 500 square feet in size and is contained entirely within an existing or proposed single-unit dwelling. A JADU shall include a separate entrance from the main entrance to the proposed or existing single-unit dwelling, but may also provide internal access, and shall include an efficiency kitchen, which shall include: (1) a cooking facility with appliances; and (2) a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure. For purposes of providing service for water, sewer, or power, or for fire or life protection, a JADU shall not be considered a separate or new dwelling unit.

ADU and JADU Uses Permitted By Right. An ADU or JADU that conforms to all standards of this Section shall be permitted by right, shall be deemed to be consistent with the City's General Plan and zoning designation for the parcel on which the ADU or JADU is located, and shall be deemed to meet the allowable density for the parcel on which the ADU or JADU is located.

Procedures. If an ADU or JADU complies with the requirements of this Chapter, development is by right and only a building permit is required. Correction of nonconforming zoning conditions will not be required as a condition of approval, except that the City is not prohibited from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12. An application to create an ADU or JADU submitted with a permit application to create a new dwelling on the parcel shall be acted upon when or before the application for the new dwelling is acted upon. An application to establish or construct an ADU or JADU on a parcel that contains an existing single-unit or multiple-unit dwelling shall be deemed approved if not acted on within 60 days from the date that the application is complete, except that the applicant may request a delay and the 60-day time period shall be tolled for the period of the delay.

Establishment of ADUs and JADUs. An ADU or JADU that meets the requirements of this Section may be established on any legal parcel that is zoned to allow for single-unit or multiple-unit dwelling residential use and on which a primary single-unit dwelling or multiple-unit dwelling has been previously established or is proposed to be established in conjunction with construction of the ADU or JADU. Except as set forth in subsection (G) below, no more than one ADU and one JADU is permitted per parcel.

Permitted ADUs and JADUs. Subject to the requirements set forth in this Section, the following ADUs and JADUs shall be permitted as follows:

Parcel with Single-Unit Dwelling. One attached or detached ADU and one JADU may be constructed or established on any parcel on which a single-unit dwelling has been previously established or is proposed to be constructed.

Attached ADUs. One attached ADU may be established or constructed in conjunction with an existing or proposed single-unit dwelling as follows:

An attached ADU may be newly constructed as an addition to an existing single-unit dwelling;

ii.

An attached ADU may be established within the footprint of a proposed single-unit dwelling; or

iii.

An attached ADU may be established by converting floor area of an existing single-unit dwelling or attached accessory structure.

Detached ADU. One detached ADU may be constructed or established in conjunction with an existing or proposed single-unit dwelling as follows:

A detached ADU may be newly constructed; or

ii.

A detached ADU may be established by converting floor area of a legal existing detached accessory structure.

JADU. One JADU may be constructed or established in conjunction with an existing or proposed single-unit dwelling as follows:

A JADU may be established within the footprint of a proposed single-unit dwelling; or

ii.

A JADU may be established by converting floor area of an existing single-unit dwelling.

Parcel with Multiple-Unit Dwellings. One or more ADUs may be permitted on a parcel with an existing or proposed multiple-unit dwelling as set forth in this subsection. ADUs permitted under paragraphs (a) and (b) below may be located on the same parcel.

Conversion of Existing Multiple-Unit Dwelling Footprint to ADU(s). At least one ADU, or up to 25% of the existing multiple-unit dwelling total unit count, whichever is greater, may be established or constructed by converting floor area within an existing multiple-unit dwelling or existing detached legal accessory structures.

Detached ADUs. No more than 2 detached ADUs may be established or constructed on a parcel with an existing or proposed multiple-unit dwelling by converting an existing legal accessory structure or through new construction.

Parcel Within the Single-Unit Residential (R1) Zoning District. In addition to any ADU permitted pursuant to subsections (G)(1)(a) and (b), above, one additional detached ADU may be constructed or established in conjunction with an existing or proposed single-unit dwelling as described below:

The additional detached ADU is used as a rental unit subject to a deed restriction in a form approved by the City Attorney.

The additional detached ADU may be newly constructed or may be established by converting floor area of a legal existing detached accessory structure.

Any ADU permitted under this subsection shall be subject to all provisions set forth in this Section.

Permitted Locations for Newly Constructed ADUs and JADUs. Newly constructed ADUs and JADUs shall be located on a parcel as set forth in this subsection and subject to all applicable setback requirements set forth in subsection (L) below.

Parcels with Single-Unit Dwellings.

An attached ADU or JADU may be located either in the front or rear half of the parcel.

A detached ADU shall be located on the rear half of a parcel.

A detached ADU shall be located a minimum of 6 feet from the existing single-unit dwelling, as measured between exterior walls.

On a reverse corner parcel, an ADU or JADU shall not be located nearer to the street side parcel line of such corner parcel than one-half of the front setback depth required on the key parcel, nor be located nearer than 4 feet to the side parcel line of any key parcel.

On a through parcel, an ADU or JADU shall not project into any front setback except as provided under subsection (K) below. Pursuant to Section 9.04.110(B), the front setback borders the street primarily used as frontage by the majority of neighboring parcels.

Parcels with Multiple-Unit Dwellings.

A detached ADU may be located either in the front or rear half of the parcel, but shall be a minimum of 6 feet from existing multiple-unit dwelling(s), as measured between exterior walls.

On a through parcel, an ADU or JADU shall not project into any front setback except as provided under subsection (L) below. Pursuant to Section 9.04.110(B), the front setback borders the street primarily used as frontage by the majority of neighboring parcels.

Standards for ADUs and JADUs Established by Converting Floor Area of Legal Existing Structures. ADUs and JADUs established by converting floor area of legal existing structures shall adhere to the following standards set forth in this subsection and subject to all applicable setback requirements set forth in subsection (L) below.

Parcel with Single-Unit Dwelling.

Attached ADU. An ADU that is established by converting floor area of an existing single-unit dwelling that is located in the front setback may only expand the footprint of the single-unit dwelling up to 150 square feet into the front setback to accommodate ingress and egress. An ADU that is established by converting floor area of an existing single-unit dwelling that is not located within the front setback may expand the footprint beyond 150 square feet up to the total size permitted under subsection (J) below.

Detached ADU.

An ADU may be established by converting floor area within a legal existing accessory structure or by reconstructing the ADU in the same location and to the same dimensions as the original structure.

ii.

Notwithstanding the size limitation in subsection (J), an ADU that is established by converting floor area of a legal existing accessory structure may expand the footprint of the existing accessory structure at least 150 square feet to accommodate ingress and egress. An ADU may expand beyond 150 square feet if the addition or enlargement is made to conform to all standards set forth in this Section and is a minimum of 6 feet from the existing single-unit dwelling, as measured between exterior walls. ADUs that expand beyond 150 square feet in accordance with these provisions are subject to the size limitations in subsection (J).

iii.

Notwithstanding the size limitation in subsection (J), an ADU that is established by converting floor area of a legal existing accessory structure located in the front setback may only expand the footprint up to 150 square feet into the front setback to accommodate ingress and egress.

JADU. A JADU that is constructed or established by converting floor area of an existing single-unit dwelling must be contained entirely within the footprint of the single-unit dwelling.

Parcel with Multiple-Unit Dwelling.

Conversion of Existing Multiple-Unit Dwelling Footprint to ADU(s). At least one ADU, or up to 25% of the existing multiple-unit dwelling total unit count, whichever is greater, may be established within the residential portions of existing multiple-unit dwellings that are not used as livable space and are enclosed on at least 3 sides, such as storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with State building standards for dwellings. No additions to or enlargements of the footprint of the existing multiple unit dwelling shall be permitted to establish or construct ADUs in accordance with this paragraph.

Conversion of Existing Legal Accessory Structures to ADU(s). ADUs may be established within existing residential portions of legal detached accessory structures pursuant to subsections (G)(2)(a) and (b), above.

Size. The following unit size limits apply to ADUs and JADUs:

The minimum size of an ADU or JADU is 220 square feet of floor area.

The maximum size of a detached or attached studio or one-bedroom ADU is 850 square feet of floor area.

The maximum size of a detached or attached ADU with more than one bedroom is:

1,000 square feet of floor area for parcels of less than 10,000 square feet; and

1,200 square feet for parcels of 10,000 square feet or greater.

Notwithstanding any of the foregoing:

For attached ADUs, if there is an existing primary dwelling, the total floor area of the ADU shall not exceed 50% of the existing primary dwelling, or the maximum size limits in subsections (2) and (3), whichever is greater.

For ADUs established by converting floor area of an existing legal accessory structure, the size limitations set forth in subsection (I)(1)(b) shall apply.

The maximum size of a JADU is 500 square feet of floor area.

ADUs and JADUs Exempt from Floor Area and Parcel Coverage.

Floor Area. ADUs and JADUs established in accordance with this Section shall be excluded from floor area. See Section 9.04.080, Determining Floor Area.

Parcel Coverage.

Areas covered by or directly below ADUs and JADUs established in accordance with this Section shall be excluded from the footprint area for purposes of determining parcel coverage. See Section 9.04.100, Determining Residential Parcel Coverage.

Areas directly below a fully-enclosed second-story cantilever of an ADU or JADU that are open on at least 2 sides shall not be considered part of the ground floor footprint area for purposes of calculating ground floor parcel coverage.

Setbacks. An ADU or JADU shall adhere to the following setback requirements:

An ADU or JADU shall not be permitted within the front setback; however, when converting floor area within an existing single-unit dwelling or a legal accessory structure located in the front setback, an ADU or JADU may expand the footprint of said structure up to 150 square feet to only accommodate ingress and egress as set forth in subsections (I)(1)(a), (I)(1)(b)(iii), and (I)(1)(c) above.

Side and rear setbacks of 4 feet, measured from parcel line, are required for an ADU or JADU, except that:

An ADU or JADU constructed or established pursuant to subsection (G)(1)(a)(ii), (G)(1)(a)(iii), (G)(1)(b)(ii), or (G)(1)(c) above shall be subject to side and rear setbacks only as required for fire and safety if the ADU or JADU meets the following requirements:

The ADU or JADU is within the proposed space of a single-unit dwelling or existing space of a single-unit dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure for purposes of accommodating ingress and egress;

ii.

The space has exterior access from the proposed or existing single-unit dwelling; and

iii.

The JADU complies with the requirements of Government Code Section 65852.22.

No side or rear setback shall be required for an ADU or JADU constructed or established pursuant to subsection (G)(1)(b)(ii) above.

An ADU or JADU may have a side and/or rear setback equivalent to the primary dwelling(s) if the primary dwelling(s) are permitted to have a side and/or rear setback of less than 4 feet.

Height. An attached ADU or JADU shall comply with the height limitations for the primary dwelling unit to which it is attached. A detached ADU shall not exceed 2 stories or 24 feet in height.

Design Standards and Exterior Features. The exterior design features of an ADU or JADU shall adhere to the following:

ADUs and JADUs are required to have independent exterior access separate from the primary dwelling unit(s).

Within the R1 District, an attached ADU or JADU located entirely or partially on the second story of a single-unit dwelling shall comply with all applicable stepback requirements set forth in Section 9.07.030.

Upper-story outdoor spaces for attached ADUs and JADUs shall conform to all standards set forth for the primary dwelling unit(s).

Upper-story outdoor spaces for detached ADUs, such as first-story roof decks, landings, upper level walkways, and balconies, shall not exceed an aggregate 35 square feet when located in the Single-Unit Residential (R1) District or 60 square feet per ADU in all other districts, and shall adhere to the restrictions set forth below. For purposes of this paragraph, upper-story outdoor space necessary for minimum ingress and egress requirements will not be considered when calculating the total aggregate square feet.

Upper-story outdoor spaces shall not be located on the side elevation closest to a side parcel line, unless that side parcel line is adjacent to a public right-of-way or alley;

Upper-story outdoor spaces shall not be located on the rear elevation unless the ADU is located outside the rear setback area of the primary dwelling unit(s);

When located on a permitted elevation, upper-story outdoor spaces shall be set back from the side parcel line the same distance as the minimum side setback requirement for the principal dwelling unit(s) on the parcel and shall be a minimum 5 feet from the rear parcel line;

Roof decks above the second story are prohibited.

Application of Generally Applicable Municipal Code Provisions. Except as set forth in this Section, an ADU or JADU shall conform to the height, setbacks, parcel coverage, floor area, and other land use regulations and development standards of the district in which it is located and all other applicable provisions of this Municipal Code, including, but not limited to, the provisions of Article VIII, Building Regulations, and the provisions of Chapter 9.56, Landmarks and Historic Districts.

Exemption. Notwithstanding anything set forth herein, the development and design standards set forth in this Section shall not preclude the establishment of a detached or attached ADU with a floor area of up to 800 square feet, side and rear setbacks of at least 4 feet, and a height of no more than 16 feet.

Parking.

Required Parking. No parking shall be required for an ADU or JADU. If parking is provided, it shall comply with all development standards set forth in Chapter 9.28, Parking, Loading, and Circulation, and the requirements for the district in which the ADU or JADU is located.

No Replacement. When parking areas including, but not limited to, garages, carports, uncovered parking spaces, or covered parking structures, are demolished in conjunction with the construction of an ADU or JADU or converted to an ADU or JADU, the eliminated off-street parking spaces are not required to be replaced.

Owner-Occupancy Requirement.

An ADU is not subject to an owner-occupancy requirement.

A JADU is subject to an owner-occupancy requirement, except that a JADU that is owned by a governmental agency, land trust, or housing organization is not subject to this requirement. With respect to a JADU that is subject to an owner-occupancy requirement, a natural person with legal or equitable title to the property that includes the JADU must reside on the property as the person's legal domicile and permanent residence.

Lease Terms. An ADU or JADU shall be subject to any restrictions or requirements for lease terms that apply to all residential dwelling units in the City. In addition, except as may be permitted under Santa Monica Municipal Code Chapter 6.20, Home-Sharing and Vacation Rentals, an ADU or JADU shall not be used for rentals of terms of 30 days or less.

Limitations on Separate Sale.

Except as provided in subsection (T)(2), below, no ADU or JADU may be sold or otherwise conveyed separately from the parcel and the primary dwelling (in the case of a single-unit dwelling) or from the parcel and all of the dwellings (in the case of a multiple-unit dwelling).

Notwithstanding the prohibition in subsection (T)(1), above, an ADU may be sold or conveyed separately from the primary residence to a qualified buyer in accordance with the provisions of Government Code Section 65852.26.

JADU Deed Restriction. Prior to issuance of a building permit for a JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director. The deed restriction shall run with the land and bind all future owners. The form of the deed restriction shall be provided by the Director and shall provide that:

The JADU may not be sold separately from the primary dwelling associated with the JADU.

The JADU is restricted to the approved size and to other attributes allowed by this Section.

The deed restriction runs with the land and may be enforced against future property owners.

The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the JADU has in fact been eliminated. Any building permits required in the removal must be approved by the Director's determination. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of a JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

The deed restriction is enforceable by the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2536CCS §§ 16, 21, adopted February 28, 2017; Ord. No. 2576CCS § 11, adopted June 12, 2018; Ord. No. 2624CCS § 10, adopted November 12, 2019; Ord. No. 2649CCS § 32, adopted September 8, 2020; Ord. No. 2742CCS § 2, adopted April 11, 2023)

§ 9.31.030 Accessory Food Service.

The purpose of this Section is to allow and establish standards for food and beverage service that is clearly incidental and secondary to the primary use of a site.

Applicability. Food service operations that comply with the standards of this Section are considered accessory to a primary permitted use that is not a restaurant and are permitted wherever such primary use is permitted. Food service that is more extensive or intensive than described in this Section shall be separately classified as "Eating and Drinking Establishments" classification, pursuant to Chapter 9.51, Use Classifications.

Primary Uses/Allowed Locations. An accessory food service may serve and be located within a primary permitted nonresidential use.

Maximum Area. The area utilized for on-site consumption of food and beverages, including seating, counter space, or other eating arrangement, shall not occupy more than 250 square feet of floor area. In addition, the consumption area may not exceed 33 percent of the floor area of the primary on-site use.

Maximum Number of Seats. The number of seats for patrons shall not exceed 20.

Enclosure. The seating area shall be defined by fixed barriers such as full or partial walls, fencing, or planters.

Service. Orders for food or beverages may not be taken from the table but rather must be ordered at a counter.

Entrances. To ensure that an accessory food service remains accessory to the primary permitted use of the property, the food service shall not have a separate building entrance from the primary use.

Parking. The parking requirement for accessory food service shall be based on the parking requirement for the primary permitted use of the property.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.31.040 Alcoholic Beverage Sales.

Purpose.

To limit the potential for community problems such as public drunkenness, drunk driving, traffic accidents, violent crime, noise, and nuisance from an overabundance or overconcentration of the availability of alcohol and its consumption. To regulate traditional alcohol outlets, including bars, restaurants, liquor stores, and supermarkets, as well as new types of alcohol outlets, to ensure that public health, safety, and welfare are not threatened.

To establish control measures that will permit the City to review and approve new alcohol outlets on a case-by-case basis and to condition that approval based on the specific type of alcohol outlet, neighborhood location, and potential problems involved.

Conditional Use Permit Required. No person shall dispense for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits, for on-site or off-site consumption without first obtaining a Conditional Use Permit unless the proposed use has received an Alcohol Exemption Zoning Conformance Permit in accordance with subsection D or is otherwise determined to be exempt after a Zoning Conformance Review in accordance with subsection E.

Findings for Approval of Conditional Use Permit. The Planning Commission, or the City Council on appeal, may approve the dispensing, for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits for on-site or off-site consumption only if, in addition to the required findings for Conditional Use Permits contained in Section 9.41.060, Required Findings (for a Conditional Use Permit), all of the following findings can be made in an affirmative manner:

The proposed alcohol sales will not adversely affect the welfare of neighborhood residents in a significant manner;

The proposed alcohol sales will not contribute to an undue concentration of alcohol outlets in the area;

The proposed alcohol sales will not detrimentally affect nearby neighborhoods, considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets; and

The sale of alcohol will not increase traffic congestion or generate a demand for parking that will adversely affect surrounding businesses and residents.

Alcohol Exemption Zoning Conformance Permit.

Citywide Excluding Third Street Promenade Area, Santa Monica Place, and Santa Monica Pier. Except as provided in subsections 2 and 3, below, limited- and full-service restaurants that offer alcoholic beverages incidental to meal service that are located Citywide, excluding in the Third Street Promenade Area and the area bounded by 2nd Street to the west, Broadway to the north, 4th Street to the east, and Colorado to the south, shall be exempt from the provisions of the Conditional Use Permit requirement of subsection B of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions:

If a counter service area is provided, food service shall be available at all hours the counter is open for patrons, and the counter area shall not function as a separate bar area;

Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted;

Customers shall be permitted to order meals at all times and at all locations where alcohol is being served. The establishment shall serve food to patrons during all hours the establishment is open for customers;

The premises shall maintain a kitchen or food-serving area in which a variety of food is prepared on the premises;

Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises' California Alcoholic Beverage Control ("ABC") license;

No video or other amusement games shall be permitted on the premises;

Entertainment may only be permitted in the manner set forth in Section 9.31.290, Restaurants with Entertainment;

The primary use of any outdoor dining area shall be for seated meal service. Patrons who are standing in the outdoor seating area shall not be served;

The operation shall at all times be conducted in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator shall control noisy patrons leaving the restaurant;

The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 12:00 a.m. with complete closure and all employees vacated from the building by 1:00 a.m. All alcoholic beverages must be removed from the outdoor dining area no later than 11:00 p.m. Sunday through Thursday. No after-hours operation is permitted;

Liquor bottle service shall be prohibited. Wine and beer bottle service shall not be available to patrons unless full meal service is provided concurrent with the bottle service. For purposes of this paragraph, "bottle service" means the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer. All food items shall be available from the premises' full service menu;

No organized queuing of patrons at the entry or checking of identification to control entry into and within the establishment shall be permitted. There shall not be any age limitation imposed restricting access to any portion of the restaurant;

The premises shall not organize or participate in organized "pub-crawl" events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant;

Establishments with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code;

Prior to occupancy, a security plan shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues;

Prior to occupancy, the operator shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management's policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the employee shall attend the alcohol awareness training within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator shall provide the City with an annual report regarding compliance with this requirement. The operator shall be subject to any future Citywide alcohol awareness training program affecting similar establishments;

Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the State ABC;

Prior to occupancy, the operator shall submit a plan describing the establishment's designated driver program, which shall be offered by the operator to the establishment's patrons. The plan shall specify how the operator will inform patrons of the program, such as offering on the menu a free non-alcoholic drink for every party of 2 or more ordering alcoholic beverages;

Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to please not litter or block driveways in the neighborhood;

Employees of the establishment shall walk a 100-foot radius from the facility at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons;

The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. Minor amendments to the plans shall be subject to approval by the Director; and

In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section.

Third Street Promenade Area and Santa Monica Place. Notwithstanding the provisions of subsection 1, above, in the Third Street Promenade Area and the area bounded by 2nd Street to the west, Broadway to the north, 4th Street to the east, and Colorado to the south, the following uses that offer alcoholic beverages incidental to the primary use, including bars/nightclubs/lounges that primarily serve alcoholic beverages, shall be exempt from the provisions of the Conditional Use Permit requirement of subsection B of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions established for each use:

Restaurants (Full-Service and Limited Service and Take Out) and Food Halls.

The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.

ii.

From 8:00 a.m. until at least 10:00 p.m., food service shall be available at all times when alcohol is being served.

iii.

Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises' California Alcoholic Beverage Control ("ABC") license.

iv.

Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.

Entertainment may only be permitted in the manner set forth in Section 9.31.290(D), Restaurants with Entertainment;

vi.

Except as may be permitted by a Temporary Use Permit issued in accordance with Santa Monica Municipal Code Chapter 9.44, Temporary Use Permits, alcohol shall not be served in any disposable containers such as disposable plastic or paper cups.

vii.

The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.

viii.

Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code, except that Section 4.21.140 Nightclubs, Bars and Establishments with Amplified Music shall not apply.

ix.

Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.

Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management's policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments.

xi.

Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.

xii.

Prior to occupancy, the operator of the premises shall submit a plan describing the premises' designated driver program, which shall be offered by the operator to the premises' patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free non-alcoholic drink for every party of 2 or more ordering alcoholic beverages.

xiii.

Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood.

xiv.

Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.

xv.

The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director.

xvi.

Bars/Nightclubs/Lounges.

The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.

ii.

Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises' California Alcoholic Beverage Control ("ABC") license.

iii.

Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.

iv.

vi.

Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.

vii.

viii.

Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.

ix.

Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood.

xi.

xii.

The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director.

xiii.

Convenience Markets and Liquor Stores.

The permitted hours of alcoholic beverage sales shall be 8:00 a.m. to 10:00 p.m. daily.

ii.

Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.

iii.

iv.

Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.

Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.

vi.

vii.

The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director.

viii.

Cultural Facilities and Instructional Services.

The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.

ii.

Service of alcoholic beverages shall be incidental to the primary use.

iii.

Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises' California Alcoholic Beverage Control ("ABC") license.

iv.

Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.

vi.

Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.

vii.

viii.

Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.

ix.

The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director.

xi.

Outdoor Rooftop Commercial Uses — Cinemas, Community Assembly, Small/Large-Scale Commercial Entertainment and Recreation Facilities.

The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.

ii.

iii.

Premises with amplified sound or music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code, except that Section 4.21.140 Nightclubs, Bars and Establishments with Amplified Music, shall not apply.

iv.

Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.

vi.

Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.

vii.

viii.

Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood.

ix.

The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director.

xi.

Commercial Entertainment and Recreation — Small-Scale Facilities and Large-Scale Facilities.

The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.

ii.

Service of alcoholic beverages shall be incidental to the primary use.

iii.

Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises' California Alcoholic Beverage Control ("ABC") license.

iv.

Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.

vi.

vii.

Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.

viii.

ix.

Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.

Prior to occupancy, the operator of the premises shall submit a plan describing the premises' designated driver program, which shall be offered by the operator to the premises' patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free nonalcoholic drink for every party of 2 or more ordering alcoholic beverages.

xi.

Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood.

xii.

xiii.

The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director.

xiv.

Retail Sales — General Retail Sales, Small-Scale and Medium-Scale.

The permitted hours of alcoholic beverage sales for off-site consumption and or on-site tasting shall be 8:00 a.m. to 2:00 a.m. daily.

ii.

Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.

iii.

iv.

Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code.

Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.

vi.

vii.

Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.

viii.

ix.

Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood.

xi.

The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director.

xii.

Santa Monica Pier. Notwithstanding the provisions of subsection 1, above, limited and full service restaurants, bars/nightclubs/lounges, food halls, and small and medium scale general retail sales on the Santa Monica Pier shall be exempt from the provisions of the Conditional Use Permit requirement of subsection B of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions:

The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.

From 8:00 a.m. until at least 10:00 p.m., food service shall be available at all times when alcohol is being served.

Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises' California Alcoholic Beverage Control ("ABC") license.

Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.

Liquor bottle service shall be prohibited. Wine and beer bottle service shall not be available to patrons unless food service is provided concurrent with the bottle service. For purposes of this paragraph, "bottle service" means the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, or other items used for the mixing of drinks, which patrons are able to then use to make their own drinks or pour their own wine or beer.

The premises shall not organize or participate in organized "pubcrawl" events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the premises.

Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code.

Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.

Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.

Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood.

With respect to the Director's decision for Alcohol Exemption Zoning Conformance Permits for restaurants with over 50 seats and subject to subsection (D)(1) above, within 2 business days from the date when the determination has been made concerning the application and posted on the City's website, the Director shall transmit a notice of determination that summarizes the determination and provides a website link to the Statement of Official Action to the applicant at the address shown on the application and to all property owners and residential and commercial tenants within a radius of 750 feet from the exterior boundaries of the property involved in the application.

Zoning Conformance Review.

When an existing alcohol outlet without a Conditional Use Permit changes ownership or undergoes an interior remodel, it shall be subject to Zoning Conformance review in accordance with the following:

Except as provided in paragraph b, below, an existing alcohol outlet that was lawfully established and is nonconforming solely due to the lack of an approved Conditional Use Permit is exempt from the requirements of this Section if the licensed premises have remained in continuous operation without substantial change in mode or character of operation. Approval of a Conditional Use Permit shall be required for a change in the licensed classification. The operation of an existing nonconforming alcohol outlet shall be considered lapsed and a Conditional Use Permit shall be required where operations have been discontinued for a period of over 1 year.

The 1-year period to determine that a nonconforming alcohol outlet has been abandoned shall commence when the use ceases and any one of the following occurs:

(1)

The business license lapses;

(2)

The site is vacated;

(3)

The lease is terminated;

(4)

Utilities are terminated; or

(5)

A conforming use that meets the applicable requirements of this Article is lawfully established in the space previously occupied by the nonconforming alcohol outlet.

ii.

Once the 1-year period has commenced under subsection (E)(1)(a)(i) that period shall only be terminated if the nonconforming alcohol outlet is fully licensed, permitted, and operational for 60 continuous days. Operational shall mean that the nonconforming alcohol outlet is open for business to the public and provides services typically associated with the nonconforming alcohol outlet during the hours and days that are customary for that nonconforming alcohol outlet.

iii.

Cessation of use due to remodeling shall not be considered abandonment so long as building permits are active in accordance with Chapter 8.08 of the Municipal Code. However, if the building permit expires before the use resumes, the 1-year period under subsection (E)(1)(a)(i) shall relate back and commence with the cessation of use.

iv.

Any existing premises where operations have been discontinued for these time periods shall be required to obtain a Conditional Use Permit prior to resuming business whether or not a Conditional Use Permit was obtained in the past for the premises.

A substantial change in mode or character of operation shall include, but is not limited to, a change in operational hours that extends past 11:00 p.m. Sunday through Thursday and midnight on Friday and Saturday, a 5% increase in the floor area of the premises, a 10% increase in the shelf area used for the display of alcoholic beverages, queuing outside the establishment, age requirements for entry, checking identification at the door, implementing a cover charge, offering bottle service, or a 5% increase in the number of seats in any restaurant that serves alcoholic beverages, but in no case shall the increase exceed any established seating limitation in the underlying zoning district.

(1)

"Bottle service" shall mean the service of any full bottle of liquor, wine, or beer, of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer.

(2)

"Cover charge" shall mean requiring payment of customers before they may enter the establishment.

Notwithstanding the provisions of paragraph a, above, when an existing alcohol outlet (i) located within the Third Street Promenade Area; and (ii) without a Conditional Use Permit changes ownership or undergoes an interior remodel, it shall be subject to Zoning Conformance review to confirm consistency with current operations, except that an existing alcohol outlet that was lawfully established and is nonconforming solely due to the lack of an approved Conditional Use Permit shall not be subject to a zoning conformance review if the licensed premises have remained in continuous operation without substantial change in mode or character of operation. As used in this paragraph, a substantial change in mode or character of operation shall include, but is not limited to: a 5% increase in the floor area of the premises; a 10% increase in the shelf area used for the display of alcoholic beverages; implementing a cover charge, that is, requiring payment from customers before they may enter the premises; or a 5% increase in the number of seats in any restaurant that serves alcoholic beverages, but in no case shall the increase exceed any established seating limitation in the underlying zoning district.

When an existing alcohol outlet with a Conditional Use Permit changes ownership or undergoes an interior remodel, it shall be subject to Zoning Conformance review to ensure compliance with the existing CUP.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2567CCS § 9, adopted December 12, 2017; Ord. No. 2576CCS § 10, adopted June 12, 2018; Ord. No. 2726CCS § 14, adopted October 25, 2022; Ord. No. 2754CCS, adopted August 22, 2023; Ord. No. 2761CCS, adopted October 10, 2023)

§ 9.31.050 Automobile Rental.

The purpose of this Section is to ensure that Automobile Rental uses do not create an adverse impact on adjacent properties and surrounding neighborhoods by reason of insufficient on-site customer and employee parking, traffic generation including road testing of vehicles, obstruction of traffic, visual blight, bright lights, noise, fumes, or drainage runoff. Automobile Rental uses shall be located, developed, and operated in compliance with the following standards:

Washing of Vehicles. All washing, rinsing, or hosing down of vehicles and of the property shall comply with Article 7, Public Works, of the Municipal Ordinance.

Repair of Vehicles. No vehicle repair work shall occur on the premises unless the rental agency is otherwise permitted and licensed to repair vehicles.

Parking and Vehicle Storage. Parking shall comply with the standards of Chapter 9.28, Parking, Loading, and Circulation. Areas designated for employee and customer parking shall not be used for vehicle storage or display. Uncovered rooftop storage of vehicles is permitted if the vehicles are screened by a parapet wall that complies with applicable height limits. Areas used for rooftop parking shall be counted as floor area for the purposes of computing floor area ratio.

Landscaping. Landscaping shall comply with the provisions of Chapter 9.26, Landscaping.

Loading and Unloading of Vehicles. Loading and unloading of vehicles is permitted only in accordance with this subsection (E). The operator shall be responsible and liable for any activities of a common carrier, operator, or other person controlling such loading or unloading activities to the extent any such activities violate the provisions of this subsection.

Loading and unloading of vehicles is limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday, excluding legal holidays;

Unloading shall be on-site or off-site, subject to the approval of the Director. Loading and unloading shall not block the ingress or egress of any property; and

New Automobile Rental uses or substantially remodeled agencies shall provide unloading facilities on private property (on or off-site) unless such unloading is infeasible and an alternative operational plan is approved by the Director. Shared loading and unloading facilities are permitted for the purposes of meeting this requirement.

Circulation. Entries and exits shall be located as far away from adjacent residential properties as is reasonably feasible by means of signage and design. If structured parking or storage is used, the interior circulation system between levels shall be internal to the building and shall not require use of public ways or of externally visible or uncovered ramps, driveways or parking areas. No arrangement shall be permitted which requires vehicles to back into a public street.

Noise Control. Automobile Rental uses shall be operated in accordance with Chapter 4.12, Noise, of the Municipal Code, and the following standards.

There shall be no outdoor loudspeakers. Interior loudspeakers, bells, buzzers, and other noise attention or attracting devices shall produce no more than 45 dba at a boundary abutting or adjacent to a residential parcel, under normal operating conditions (e.g., with windows open if they are likely to be opened).

Rooftop storage areas shall be screened with landscaping and noise-absorbing materials to minimize noise impacts on adjacent properties.

Toxic Storage and Disposal.

Any gasoline storage tank shall be constructed and maintained consistent with applicable laws.

There shall be full compliance with the terms and conditions of all City laws relating to the storage and disposal of toxic chemicals and hazardous wastes.

Air Quality.

Use of brake washers is required in service stalls or areas that perform service on brakes employing asbestos or other materials known to be harmful when dispersed in the air.

All mechanical ventilating equipment shall be directed to top story exhaust vents that face away from abutting or adjacent residential properties.

Exhaust systems shall be equipped with appropriate and reasonably available control technology to minimize or eliminate noxious pollutants that would otherwise be emitted.

Accessory Automobile Rental within Automobile Sales, Leasing, Storage, and Repair, Facilities. The following special standards in lieu of subsections (A) through (I) above shall apply to accessory Automobile Rental uses located within Automobile/Vehicle Sales, Leasing, Storage, Minor Automobile/Vehicle Service and Repair, or Major Automobile/Vehicle Repair facilities:

No more than 10 percent of the total interior floor area of the automobile sales, leasing, storage or repair facilities, or a maximum of 750 square feet, whichever is less, shall be devoted to the accessory Automobile Rental operation;

The accessory Automobile Rental use shall only operate during the hours of operation of the automobile sales, leasing, storage, or automobile repair facilities;

Vehicles may only be rented to customers of the automobile sales, leasing, storage, or automobile repair facilities;

No exterior signage shall be permitted for the accessory automobile rental agency; and

The accessory automobile rental agency shall not be advertised or marketed as an independent automobile rental agency.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.31.060 Automobile/Vehicle Repair, Major and Minor.

The purpose of this Section is to provide for the mitigation of potential noise, fumes, litter, and parking problems that can be associated with Major Automobile/Vehicle Repair and Minor Automobile/Vehicle Service and Repair uses. The special regulations of this Section are intended to ensure that automobile repair and servicing facilities operate harmoniously and are compatible with adjacent and surrounding uses. Major Automobile/Vehicle Repair and Minor Automobile/Vehicle Service and Repair uses shall be located, developed, and operated in compliance with the following standards.

Applicability. Each automobile repair facility, including one that is part of and incorporated within an automobile dealership, shall conform to the property development standards of the District in which it is to be located and this Section. Except as otherwise expressly provided, existing automobile repair facilities shall be subject to those provisions of this Section as are hereafter specifically described.

Minimum Parcel Size. The minimum parcel size for development of a Major Automobile/Vehicle Repair and Minor Automobile/Vehicle Service and Repair use that is not associated with an automobile dealership is 7,500 square feet.

Setbacks. Any new or addition to an automobile repair facility shall comply with the setback requirements for the district in which it is located.

Paving. For any new facility, the site shall be entirely permeable paving, except for buildings and landscaping.

Landscaping. The site shall be landscaped according to the requirements of Chapter 9.26, Landscaping.

Screening. If body repair work is performed by the facility, screening approved by the Architectural Review Board shall be provided so that vehicles outside of the facility awaiting repair will not be visible from surrounding properties or public rights-of-way.

Structures. For any new or addition to an automobile repair facility, entrances to individual service bays from the exterior of the building shall not face abutting residential zoned parcels. All structures shall be constructed to achieve a minimum Standard Transmission Coefficient (STC) sound rating of 45-50.

Refuse. Refuse storage areas shall comply with Section 9.21.130.

Lighting. All lighting shall comply with Section 9.21.080.

Repair Activities. Except as provided in this subsection, all repair activities and operations shall be conducted entirely within an enclosed building. Outdoor hoists are prohibited. Work activities may be conducted outdoors on the premises of a Major Automobile/Vehicle Repair or Minor Automobile/Vehicle Service and Repair use lawfully in existence prior to September 1988, provided all of the following conditions are met:

The work is performed within 20 feet of an existing on-site building;

Subject to the determination of the Director, the work is performed entirely within a clearly marked area that is at least 50 feet from the property line of the nearest residence or within a clearly marked area screened in its entirety from the nearest residence by a line-of-sight barrier consisting of a building enclosed on the side facing the residence;

The work area does not exceed 50 percent of the facility's existing outdoor area or 400 square feet, whichever is greater;

The work does not involve the use of pneumatic tools or power tools unless battery-powered;

The work is not audible at the property line of the nearest residence;

The work is performed between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday and between 9:00 a.m. and 5:00 p.m. Saturday; and

Automobile repair facilities lawfully in existence prior to September, 1988 that service and repair oversized vehicles outdoors on their premises may work on these vehicles without being subject to the area limitations set forth in paragraphs (1), (2) and (3) of this subsection if the vehicles cannot be serviced and repaired within existing buildings due to the size of the vehicles.

Enclosure. Automobile repair facilities performing body and fender work or similar noise-generating activities shall be conducted in fully enclosed structures with walls of concrete block or similar materials and doors in maximum half open position during operating hours. All painting shall occur within a fully enclosed booth. Existing automobile repair facilities with structures that have doors on opposite ends of individual service bays shall be required to leave any such door facing a residential district or use fully closed during repair activities. Existing outdoor hoists prohibited by subsection (J), Repair Activities, shall be rendered inoperative, removed or fully enclosed in a four-sided building with a roll-up or similar type door that is oriented away from adjacent residentially zoned properties and uses. The outdoor hoist enclosures shall not exceed 18 feet in width by 28 feet in length, shall be constructed in a manner consistent with subsection (J), Repair Activities, and shall not be required to be constructed with walls of concrete block or similar materials unless body and fender work or similar noise-generating activities are being conducted. Such enclosures shall be operated in a manner consistent with this subsection. Pursuant to Section 9.04.080, Determining Floor Area, enclosures for hoists shall not be included in calculating the site's floor area and no additional parking shall be required due to the enclosure of the outdoor hoists.

Hours of Operation. In all Districts, except on parcels that are more than 100 feet from a Residential District, no work shall be performed on automobiles between the hours of 8:00 p.m. and 7:00 a.m., Monday through Saturday, and no work shall be performed on Sundays, except as follows. In the GC District, in approving a Conditional Use Permit, the Planning Commission, or City Council on appeal, may authorize Sunday operations if all of the following conditions are met:

The facility's daily business is limited to automobile lubrication and fluid maintenance services, air filter replacement, and/or windshield wiper replacement services;

The facility has no vehicular access to or from a residential street;

Sunday operations will not occur before 10:00 a.m. or after 5:00 p.m.;

The application of paint to motor vehicles, the performance of body or fender repair work, or the use of pneumatic tools or similar loud power tools shall not be permitted to occur on Sundays; and

If the facility is located adjacent to a Residential District:

The facility is separated from the Residential District by a public alley or other public right-of-way, or an appropriate physical barrier such as a brick or block wall that buffers adjacent residences from noise along with an appropriate landscape buffer; and

The garage doors to the service bays do not face the Residential District.

Litter. The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable repair and appearance. Except as provided herein, no used or discarded automotive parts or equipment or permanently disabled, junked or wrecked vehicles may be stored outside the main building. Reusable or recyclable automobile parts may also be stored in containers measuring no greater than 6 feet in width by nine feet in length by 6 feet in height. An auto repair facility seeking to utilize storage containers outside the facility shall submit an application to the Architectural Review Board for review pursuant Chapter 9.40, Development Review Permit, and to the City's Fire Marshal for review to ensure that the container or the storage materials do not present a fire or safety hazard.

Abandonment. Notwithstanding the provisions of Chapter 9.27, Nonconforming Uses and Structures, any legal nonconforming automobile repair facility that is closed continuously for a period of at least 1 year shall be declared abandoned.

Storage. An exterior parking area shall be used for employee and customer parking only and not for the repair or finishing work or long-term (over one week) storage of vehicles. No vehicles to be repaired shall be parked or stored on any street or in any alley.

Test Driving. Road testing of vehicles on residential streets is prohibited. All road testing shall be conducted on streets designated by the City as truck routes. Automobile repair facilities shall prepare plans detailing the road-testing route and shall submit these plans to the Director for approval. Each automobile repair facility operator shall notify its employees of the City approved route and shall ensure employees adhere to the plan.

Vehicles Awaiting Repair and Disassembled Vehicles. All vehicles awaiting repair shall be parked on-site. No vehicles shall be parked on a public street, including those towed to the automobile repair facility. The hoods of vehicles awaiting parts or repair parked outside shall remain closed at all times while work is not being performed. Any disassembled vehicles awaiting parts or repair for 24 hours or longer shall be covered.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.31.070 Automobile/Vehicle Sales, Leasing, and Storage.

Purpose. The purpose of this Section is to implement the goals and policies of the General Plan's Land Use and Circulation Element to allow for the expansion and improved performance of automobile dealers in the City, recognizing their contribution to the local economy while ensuring their operation occurs in a manner that is respectful of their surrounding neighbors and minimizes potential adverse impacts related to on-site customer and employee parking, traffic generation, including road testing of vehicles, obstruction of traffic, visual blight, bright lights, noise, fumes, or drainage runoff. More specifically, these provisions are intended to:

Allow automobile dealers to expand in their current locations, including residentially-zoned sites that are currently used for automobile dealerships and adjacent or proximate commercial parcels, as long as their redevelopment is in the urban auto dealership format and incorporates mitigations to reduce any negative impacts on surrounding residential and nonresidential uses;

Encourage automobile dealers to develop shared inventory storage facilities in appropriate locations to meet their needs; and

Encourage dealerships to provide on-site automobile storage in above-grade structures or subterranean parking facilities.

Applicability.

All new Automobile/Vehicle Sales and Leasing and Automobile Storage uses shall comply with subsection (C), Development Standards, of this Section.

Existing Automobile/Vehicle Sales and Leasing uses are required to comply with the standards of subsection (C) in conjunction with any one of the following:

Any new construction or expansion of floor area, in which case only the expanded floor area shall be required to comply with the standards of subsection (C);

Any outdoor expansion of vehicle display area, in which case only the expanded floor area shall be required to comply with the standards of subsection (C); or

Any expansion of the land area on which the dealership is located, whether by purchase, lease, business combination or acquisition, or similar method, in which case only the expanded land area shall be required to comply with the standards of subsection (C). This provision does not apply if the expanded land area was legally operated as a dealership within one year of the expansion.

Standards for Residentially Zoned Parcels. Auto-dealership uses on parcels designated Low Density Residential (R2), or Medium Density Residential (R3) that are contiguous to and were used legally in conjunction with an automobile dealership in operation on July 6, 2010 and which have not subsequently been abandoned, are permitted uses that may be maintained or modified subject to the requirements of subsection (D).

Operational Standards. All Automobile/Vehicle Sales and Leasing uses shall comply with the operational standards of subsection (E).

Development Standards. Automobile/Vehicle Sales and Leasing and Automobile Storage uses shall comply with the development standards—including but not limited to maximum height, maximum FAR, and minimum setbacks—for the respective District or Districts in which they are located. If the development standards for the respective District or Districts conflict with the standards included in this Section, the standards of this Section 9.31.070 shall apply. The following development standards apply to Automobile/Vehicle Sales and Leasing and Automobile Storage uses:

Showrooms. Automobile/Vehicle Sales and Leasing Uses shall be developed to include indoor showrooms for display of vehicles for sale or lease.

Maximum Setback. Showrooms shall be located no farther than 15 feet from the property lines facing any boulevard and shall occupy at least 60 percent or 100 feet, whichever is greater, of the site frontage along such boulevards.

Treatment of Setbacks. If a setback is provided along any street frontage, the setback area (any area between building and sidewalk) shall be landscaped or improved as an extension of the public sidewalk to include pedestrian amenities. This requirement applies to all portions of a street-facing setback area that are not used for driveways or other accessways.

Façade Height. Showrooms shall be constructed to achieve at least the minimum required façade height of the District in which they are located.

Transparency. Street-facing facades fronting boulevards shall have transparent glazing that provides views into display and sales areas. Transparent windows or doors shall be provided for at least 75 percent of the building wall area located between 2.5 and seven feet above the level of the sidewalk. No wall may run in a continuous horizontal plane for more than 25 feet without an opening.

Location of Required Parking and Storage. Parking and vehicle storage shall be located behind the boulevard frontage or in underground garages. Parking and vehicle storage may not be located between a vehicle showroom and any adjacent street.

FAR. A new Tier 1 auto dealer facility or a Tier 1 expansion of an existing auto dealer facility shall be allowed an additional 0.25 FAR above the maximum Tier 1 limit.

Special Rules for FAR Calculation. Below-grade auto dealer facilities shall not be counted toward floor area in the calculation of FAR. Areas devoted to rooftop parking/ automobile storage shall be discounted by 50 percent.

Development Review. Notwithstanding Section 9.40.020, a Development Review Permit shall be required for any new auto dealer facility replacing an existing legally-established auto dealer facility or expansion of an existing auto dealer facility if such replacement building or expansion exceeds 25,000 square feet within the Tier 1 maximum limits.

Transition Requirements Adjacent to Residential Districts. Where an Automobile/Vehicle Sales and Leasing Use is adjacent to a Residential District [except for Qualifying Parcels as defined in subsection (D)], the following standards apply.

Minimum Setbacks. Buildings used for parking and vehicle storage that are adjacent to a Residential District not containing an existing Automobile/Vehicle Sales and Leasing Use shall be set back a minimum 10 feet from the shared property line. Buildings used for any other use allowed pursuant to Section 9.31.070(D)(1)(a) shall be set back a minimum 15 feet from the shared property line.

Daylight Plane. Except for projections permitted by Section 9.21.110, Projections into Required Setbacks, buildings on parcels adjacent to a Residential District shall not extend above a plane starting at 25 feet in height directly above the parcel line abutting any residentially-zoned parcel or, where there is an alley, above the centerline of the alley, and from that point extending away from the parcel line or centerline at a 45-degree angle toward the interior of the site.

Landscaping and Screening. A continuous planting area with a minimum width of 7.5 feet shall be provided along any interior parcel line adjacent to a Residential District [except for Qualifying Parcel as defined in subsection (D)].

Landscaping. Screening of surface level outdoor display and non-display areas shall comply with the provisions of Chapter 9.26, Landscaping.

Parking and Vehicle Storage. Parking structures and automobile storage uses associated with an automobile dealership shall comply with the following project design standards.

Applicability of Parking Development Standards. Customer parking shall comply with all standards of Chapter 9.28, Parking, Loading, and Circulation. Employee and inventory parking may be provided in tandem and is not subject to the minimum parking space and aisle dimensions of Chapter 9.28, Parking, Loading, and Circulation. Final design of all parking and inventory storage areas shall be subject to review and approval by the Director.

Design Standards, Parking Structures. The following standards apply to parking structures:

Except for emergency-only pedestrian exits required by the Building Officer, parking structure walls facing property lines that are adjacent to a residential use shall be solid and decorative, subject to the approval of the Architectural Review Board. Openings may be permitted adjacent to a public street, commercially zoned property, or "Qualifying Parcel" as defined in subsection (D) of this Section;

ii.

Non-skid or other similar surface treatment on both floors and ramps of the parking structure shall be required to prevent tire squeals. This material shall be subject to the review and approval of the Director;

iii.

Rooftop parking on parcels that directly abut or are separated by an alley from a Residential District is only permitted if the parking structure provides a 6 foot parapet on the side of the parking structure closest to the Residential District. This parapet shall be solid and have a surface density of 4 pounds per square foot; and

iv.

In order to minimize noise and air impacts, exhaust vents and other mechanical equipment associated with a parking structure shall be located as far from residential uses as feasible consistent with Article 8 of the Municipal Code.

Lighting. Lighting shall comply with Section 9.21.080, Lighting. Light sources shall be designed to contain direct and diffuse lighting and glare on the subject property.

Queuing of Vehicles. An adequate on-site queuing area for service customers shall be provided. On-site driveways may be used for queuing but may not interfere with access to required parking spaces. Required parking spaces may not double as queuing spaces.

Vehicle Stacking Equipment. Vehicle-stacking equipment is permitted within structures and on surface lots for employee parking and vehicle storage when screened with an 8 foot-high solid masonry wall. The wall shall be set back from the property line at least 2 feet so that a landscaped buffer of up to 2 feet in width can be provided. Parking spaces in lifts shall not be applicable in calculating parking requirements. All facilities shall comply with the City's Noise Ordinance (Chapter 4.12 of the Municipal Code).

Resource Recovery Storage. Floor area dedicated to employee and customer parking and vehicle storage shall be excluded when applying resource recovery and recycling requirements in Section 9.21.130, Resource Recovery and Recycling Standards, unless otherwise required by the Director of Public Works or his/her designee in order to protect the public health, safety, and general welfare.

Final design treatment shall be subject to review and approval by the Architectural Review Board. All unenclosed surface parking areas not used for vehicle display shall be subject to the parking lot screening requirements of Section 9.26.050, Areas to be Landscaped.

Standards for Automobile/Vehicle Sales and Leasing Uses and Automobile Storage on Residentially Zoned Properties. Parcels designated Low Density Residential (R2), or Medium Density Residential (R3) that are contiguous to and were used for a legally established use in conjunction with an automobile dealership in operation on July 6, 2010, and which automobile dealership uses have not subsequently been abandoned ("Qualifying Parcels") may be developed and operated consistent with the standards of this subsection (D).

Uses.

Authorized Uses. Qualifying Parcels may be developed, if conducted entirely within an enclosed building, as automobile/vehicle sales and leasing, automobile storage or parking when operated in conjunction with an automobile dealership on the adjacent commercial parcel, consistent with the standards of this subsection.

Inventory Storage. A Qualifying Parcel may be used for surface inventory storage only if the following conditions are met:

Any displaced required parking will be relocated to another off-street location that is:

(1)

Located within 750 feet of the Qualifying Parcel;

(2)

Located within 300 feet of a public transit line that connects the off-street location with the dealership and the dealership provides free transit passes to its employees; or

(3)

Serviced by a dealership-provided shuttle between the off-street location and the qualifying lot which has been approved by the City's Director of Planning.

ii.

The displaced parking shall be returned to the Qualifying Parcel if the criteria of this subsection are no longer met.

Prohibited Uses. No portion of a residentially-zoned parcel may be used for major auto repair work, outdoor display of vehicles, commercial signage, storage tanks, or any other commercial use not specifically identified in this subsection. In addition, Automobile Rental and Automobile/Vehicle Washing uses are prohibited.

Use to Revert to Residential. Structures constructed under these provisions on residential parcels shall be permitted to remain only when operated in conjunction with an Automobile/Vehicle Sales and Leasing use on the adjacent commercial parcel. If the Automobile/Vehicle Sales and Leasing use is abandoned and not reinstated pursuant to Chapter 9.27, Nonconforming Uses and Structures, the parking structure shall be removed or incorporated into a residential project on the residential parcel(s) within 3 years.

Exemption from Additional Multi-Unit Development Standards, Development on Multiple Parcels Standards, and Development on Parcels Divided by District Boundaries Standards. Except as set forth or modified herein, the property development standards of Sections 9.08.030, 9.21.030(B), and 9.21.040 shall not apply in order to accommodate the specific structural and design requirements of the uses identified in Section 9.31.070(D)(1)(a).

Maximum Parcel Coverage. The maximum parcel coverage of residential parcel area shall be the area of the parcel not within the setback areas required in subsection (D)(5).

Maximum Building Height. The maximum height of any structure on a residentially zoned Qualifying Parcel shall not exceed 23 feet in the R2 District and 28 feet in the R3 District excluding four feet of the required parapet.

Setbacks.

Front and Rear Setbacks. The front and rear setbacks of the Residential District in which the Qualifying Parcel is located shall apply.

Side Setbacks Adjacent to Residential Districts. The side setbacks shall meet the requirements of subsection (C)(6).

Standards for Parking Structures. Parking structures developed on Qualifying Parcels shall comply with the standards outlined in Chapter 9.28, Parking, Loading and Circulation, and the following requirements:

Rooftop parking is permitted subject to the standards of this subsection and shall provide a 6 foot parapet on the side of the parking structure closest to the Residential District. This parapet shall be solid and have a surface density of 4 pounds per square foot;

At least 10 percent of the parking spaces within a structure shall be maintained and designated for employee parking only, unless the Planning Commission determines based on an employee parking demand analysis that sufficient parking is otherwise provided either on-site or at an acceptable off-site location;

If the structure is developed in conjunction with development on adjacent commercial parcels, the project shall be designed so that building mass increases toward the commercial street and architectural elements that are permitted to exceed height limits are located away from adjacent residential uses to the greatest extent feasible;

A 4 foot unexcavated area shall be provided along the entire length of a property line shared by an automobile dealership and an adjacent residentially zoned property. 50% of the required setback area adjacent to a public street shall remain unexcavated; and

A landscaped buffer with a minimum width of 5 feet shall be required along the property line adjacent to a residential use. The buffer shall include a hedge to be maintained up to 12 feet in height where adjacent to a residential side setback and 42 inches in height where adjacent to a residential front setback. The Planning Commission may reduce, modify, or waive any part of this requirement if it finds that such reduction, modification, or waiver would not adversely affect the public health, safety, and general welfare.

Ingress and Egress on Residentially Zoned Properties. Vehicular access to Qualifying Parcels shall comply with the following requirements:

If only one Qualifying Parcel is located adjacent to an existing automobile dealership on the adjacent commercial parcel, the driveway to the Qualifying Parcel shall be located at least 40 feet from the adjacent residentially zoned parcel.

If multiple Qualifying Parcels are located adjacent to an existing automobile dealership on the adjacent commercial parcel, the driveway to the Qualifying Parcels shall be located on the Qualifying Parcel located furthest from the adjacent residentially zoned parcel that is not used as part of the automobile dealership.

Parking and Vehicle Storage. Parking structures and automobile storage uses associated with an automobile dealership shall also comply with subsection (C)(6).

Exemptions for Expansions of Existing Dealerships. A floor area expansion of existing automobile dealerships in R2 or R3 Districts that does not exceed 750 square feet of floor area shall not be subject to a Conditional Use Permit, and shall be permitted by right provided that:

The expanded floor area is utilized for an ancillary support function, including, but not limited to, customer waiting area, offices, vehicle parts storage or vehicle parts display;

The height of the expansion shall be no more than one story and will not exceed 23 feet;

None of the expanded area is utilized for auto repair activities, including but not limited to service bays, body work, oil change and lubrication, or entertainment/navigation console installation; and

The square footage expansion may maintain the existing building lines adjacent to public rights-of-way, subject to Architectural Review Board approval.

Operational Standards. All Automobile/Vehicle Sales and Leasing Uses and Automobile Storage uses, existing and new, shall be operated according to the following standards:

Customer and Employee Parking.

On-site customer parking shall be provided at no charge to the customers.

Areas designated for employee or customer parking shall not be used for vehicle storage or display.

Loading and Unloading of Vehicles. Loading and unloading of vehicles is permitted only in accordance with an off-loading plan approved by the Director. The dealership operator shall be responsible and liable for any activities of a common carrier, operator, or other person controlling such loading or unloading activities to the extent any such activities violate the provisions of this subsection.

Loading and unloading of vehicles is generally limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday unless the Director determines that off-loading can be accomplished during another time period without disturbing nearby residents. Loading and unloading of vehicles is prohibited on Sundays and legal holidays.

Vehicle off-loading shall not be permitted from streets that abut residential parcels in Residential District unless no other off-loading alternative is feasible and an alternative operational plan is approved by the Director.

The applicant shall prepare and submit to the Director for approval a plan that complies with all requirements of this subsection.

Storage of Vehicles. No automobile dealership owner, operator, or employee, for any period of time on any public street or alley, shall park or store vehicles for sale, to be repaired, that have been repaired, or that are part of an automobile rental operation associated with the dealership.

Test Driving. Test-driving shall not be done on residential streets or alleys. For the purposes of this subsection, streets that are designated by the City as truck routes shall be permissible areas for test-driving. Each dealership operator shall have an affirmative obligation to inform all its personnel of this requirement and to ensure compliance with it. The applicant shall prepare and submit to the Director for approval a plan that complies with all requirements of this subsection to be included in a form prepared by Director.

Control of Alley Traffic. Notwithstanding the prohibition of alley use for test driving, each dealership operator shall present to the Director, at the same time of the filing of an application for a permit for a new dealership or substantial remodeling, plans for slowing traffic flow in alleys adjacent to their uses, with the objective of minimizing dangers to pedestrians and neighboring vehicle operations, and of minimizing noise and other environmental incursions into the neighborhood. Such plans shall be designed to limit the maximum speed to 15 miles per hour and may include measures such as speed bumps or dips, one-way traffic patterns, increased signage, parking and loading prohibitions, and similar measures.

Circulation. Entries and exits shall be located as far away from adjacent residential properties as is reasonably feasible by means of signage and design. If structured parking or storage is used, the interior circulation system between levels shall be internal to the building and shall not require use of public ways or of externally visible or uncovered ramps, driveways, or parking areas. No arrangement shall be permitted which requires vehicles to back into a public street.

Noise Control. Automobile/Vehicle Sales and Leasing and Automobile Storage uses shall be operated in accordance with the following standards.

There shall be no outdoor loudspeakers. Interior loudspeakers shall produce no more than 45 dba at a boundary abutting or adjacent to a residential parcel under normal operating conditions (e.g., with windows open if they are likely to be opened).

All noise-generating equipment exposed to the exterior shall be muffled with sound-absorbing materials to minimize noise impacts on adjacent properties and shall not be operated before 8:00 a.m. or after 6:00 p.m. if reasonably likely to cause annoyance to abutting or adjacent residences and shall at all times be in compliance with the City's Noise Ordinance (Chapter 4.12, Noise).

Rooftop storage areas shall be screened with landscaping and/or noise absorbing materials to minimize noise impacts on adjacent properties.

Toxic Storage and Disposal.

Gasoline storage tanks shall be constructed and maintained under the same conditions and standards that apply for service stations.

There shall be full compliance with the terms and conditions of all applicable Federal, state, and local laws relating to the storage and disposal of toxic chemicals and hazardous wastes.

Air Quality.

Use of brake washers shall be required in service stalls or areas that perform service on brakes employing asbestos or other materials known to be harmful when dispersed in the air.

All mechanical ventilating equipment shall be directed to top story exhaust vents, which face away from abutting or adjacent residential properties.

Exhaust systems shall be equipped with appropriate and reasonably available control technology to minimize or eliminate noxious pollutants, which would otherwise be emitted.

10.

Hours of Operation. Unless otherwise approved by the Planning Commission, if the Automobile/Vehicle Sales and Leasing use is within 100 feet of a Residential District, operation of the use shall be prohibited between the hours of 10 p.m. and 7 a.m.

11.

Plan Submission. Existing dealerships shall submit plans to the Director for approval that satisfy the requirements of this subsection if such plans are not already on file.

12.

Plan Verification. All dealerships shall submit a letter annually in June affirming their continued use of their test-driving, vehicle off-loading, and alley traffic control plans. Any changes to approved plans shall require approval of the Director.

13.

Neighborhood Community Liaison. All dealerships shall provide contact information for an on-site dealership community liaison including name, telephone number, and email address.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.31.080 Automobile/Vehicle Washing.

Automobile/Vehicle Washing uses shall be located, developed, and operated in compliance with the following standards:

Minimum Parcel Size. The minimum parcel size for development of an Automobile/Vehicle Washing use is 7,500 square feet.

Setbacks. Unless otherwise approved by the Planning Commission, no building or structure for an Automobile/Vehicle Washing use shall be located within 30 feet of any public right-of-way or within 20 feet of any interior parcel line.

Canopies. Any canopy shall be at least 5 feet from any property line.

Screening. Automobile washing facilities shall be separated from adjacent property other than street frontage by a masonry wall of not less than 6 and not more than 8 feet in height. If an adjacent property is commercially developed and a solid wall already exists on the property line, the Planning Commission may modify or waive this requirement as necessary to achieve the purposes of this Section. Materials, textures, colors and design of all walls shall be compatible with the design of the principal structures on the property and adjacent properties. Required screening walls shall comply with Section 9.21.180, Hazardous Visual Obstructions.

Paving. The site shall be entirely paved, except for buildings and landscaping.

Landscaping. The site shall be landscaped consistent with the standards of Chapter 9.26, Landscaping, and the following standards:

A minimum of 15 percent of the site shall be landscaped. A planting strip at least 3 feet wide shall be provided along all interior parcel lines, non-driveway street frontages, and adjacent to buildings. Planters shall be surrounded by masonry or concrete curbs and arranged so as to preclude motor vehicles from driving across the sidewalk at locations other than access driveways. Permanent opaque landscaping or berm shall be provided and maintained in the planters at a height of not less than 3 feet above the average adjacent grade.

A landscape planter at least 150 square feet in area shall be provided at the intersection of 2 property lines at a street corner.

All street trees shall be preserved or replaced where missing, as required by the City, and driveways and vehicle approaches shall be designed so as not to necessitate the removal of any existing street trees.

Access and Circulation. Unless otherwise approved by the Director, no more than one driveway shall be permitted on any one street frontage. Driveways shall be located as follows:

Unless otherwise approved by the Director, driveways shall not be located closer than 50 feet from a street intersection, 15 feet from a residential property line or alley, or as to otherwise interfere with the movement and safety of vehicular and pedestrian traffic.

All washing facilities shall be located within a building which is enclosed except for those openings necessary for vehicular and pedestrian access. Such openings shall not face any adjacent residentially zoned property. Access to the washing area shall not be located within 50 feet of a residentially zoned property.

Parking. Parking shall be provided according to the required ratios and other standards of Chapter 9.28, Parking, Loading, and Circulation, as well as the following:

Customer and employee parking shall not be utilized for automobile repair or storage of vehicles. Customer parking areas may be used for hand drying of vehicles.

No vehicle that will be or has been serviced may be parked on public streets, sidewalks, parkways, driveways, or alleys.

No vehicle may be parked on the premises for the purposes of offering it for sale unless the establishment has also been approved for automobile sales.

Restrooms. Except for self-service automobile washing facilities, each automobile washing facility shall provide a men's and women's restroom accessible to customers, including the physically disabled, during all hours the establishment is open to the public. Restrooms shall be attached to a structure on site, with entrances or signage visible from the waiting area or cashier station, shall be maintained on a regular basis, and concealed from view of adjacent properties by planters or decorative screening.

Vending Machines. Coin-operated vending machines may be permitted within or abutting a structure for the purpose of dispensing items commonly found in automobile washing facilities, such as refreshments and maps.

Location of Activities. All washing, vacuuming, waxing, machine drying and related activities and operations shall be conducted entirely within an enclosed service building, except as follows:

Hand drying of vehicles.

The sale of items from vending machines placed next to the main building in a designated area not to exceed 32 square feet and screened from public view.

Refuse Storage and Disposal. A trash and recycling area shall be provided as required by Section 9.21.130, Resource Recovery and Recycling Standards, and the following:

All trash and recycled materials shall be deposited in the trash area and the gates leading thereto shall be maintained in working order and shall remain closed except when in use.

Refuse bins shall be provided and placed in a location convenient for customers.

Trash areas shall not be used for storage. The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable repair and appearance. No used or discarded automotive parts or equipment, or permanently disabled, junked, or wrecked vehicles may be stored outside the main building.

Hours of Operation. If located within 100 feet of a Residential District, operation of the Automobile/Vehicle Washing establishment is prohibited prior to 8:00 a.m. or after 10:00 p.m. on weekdays, prior to 9:00 a.m. or after 10:00 p.m. on Saturdays, and prior to 9:00 a.m. or after 9:00 p.m. on Sundays.

Outdoor Loudspeakers. There shall be no outdoor loudspeakers or public address systems.

Queuing of Vehicles. An on-site queuing plan for service customers shall be provided for the approval of the Parking and Traffic Engineer. On-site driveways may be used for queuing, but may not interfere with access to required parking spaces.

Water Recycling. Recycling of water used for vehicle washing shall be maximized. The Public Works Department shall approve recycling systems used at automobile washing facilities.

Air Quality.

All mechanical ventilating equipment shall be directed to top-story exhaust vents that face away from any adjacent residential properties.

Exhaust systems shall be equipped with appropriate and reasonably available control technology to minimize or eliminate noxious pollutants which would otherwise be emitted.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.31.090 Bed and Breakfasts.

Bed and breakfast establishments shall be located, developed, and operated in compliance with the following standards:

Type of Residence. Bed and Breakfasts may only be located and operated in a single unit dwelling that is located on a parcel that conforms to the minimum size required in the district where the facility is located. However, Landmark structures are exempt from the minimum parcel size requirement.

On-site Owner or Caretaker Required. An on-site caretaker or owner of the property shall reside in Bed and Breakfast establishments.

Appearance and Signage. In all Residential Districts, the exterior appearance of a structure housing a bed and breakfast establishment shall not be altered from its original single unit character. A sign that complies with the applicable requirements for single unit residential structures shall be permitted.

Number of Rooms. No more than 2 rooms may be rented unless the floor area of the structure exceeds 4,000 square feet, in which case, a maximum of 4 rental rooms may be permitted. Where a use permit is required by the District regulations, the use permit may further limit the number of rooms.

Parking. A Bed and Breakfast establishment is only permitted where the existing primary residential use complies with the off-street parking spaces required by Chapter 9.28, Parking, Loading, and Circulation. Except for City-Designated Historic Resources pursuant to Section 9.28.180(B), parking for the Bed and Breakfast use shall be provided at a ratio of one space per room for rent in addition to the parking required for the primary residential use. Such spaces shall be individually accessible and may not encumber access to a required parking space for the residential use.

Limitation on Services Provided. Meals and rental of bedrooms shall only be prepared and served to registered guests. Separate or additional kitchens for guests are prohibited. Alcohol service may be provided subject to the review and approval of a Conditional Use Permit pursuant to Section 9.31.040.

Limitation on Rental Period. No room shall be rented to any guest for more than 15 consecutive days.

Transient Occupancy Tax. The property owner shall be required to pay all necessary transient occupancy tax pursuant to Chapter 6.88.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.31.100 Community Assembly.

Community assembly uses shall be located, developed, and operated in compliance with the following standards:

Minimum Site Area. Community assembly uses may only be located on sites with at least 7,500 square feet in area.

Buffer. A minimum buffer at least 20 feet in width shall be provided adjacent to any Residential District or use. This buffer area may be used for parking or landscaping but shall not be used for structures or outside activities. The minimum buffer requirement may be reduced subject to the review and approval of a Conditional Use Permit pursuant to Chapter 9.41. Any reduced buffer shall still maintain the minimum setback requirement of the district in which the facility is located.

Landscaping. The site on which a community assembly use is located shall be landscaped consistent with the standards of Chapter 9.26, Landscaping.

Outdoor Activity Areas. Outdoor areas used for recreation, meetings, services or other activities involving groups of persons shall be at least 50 feet from any Residential District or use.

Parking Area Screening. Parking areas adjacent to any residential district shall be consistent with the standards of Chapter 9.26, Landscaping.

Hours of Operation. Permitted hours of operation are 7:00 a.m. to 10:00 p.m., 7 days a week. Additional hours may be allowed with application for and approval of a Conditional Use Permit.

Accessory Uses. Community assembly uses may include administrative offices, kitchen facilities, multi-purpose rooms, storage and other uses that are accessory to the facilities for public or private meetings. Places of worship may provide religious instruction as an accessory use; however, when a full school curriculum comparable to that of the Santa Monica-Malibu Unified School District is offered, the school use shall be separately classified as a Public or Private School.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.31.110 Congregate and Transitional Housing.

Congregate Housing and Transitional Housing shall be subject to the following standards.

Maximum Density. When developed as a group residential facility in any Residential District where group residential development is allowed, Congregate and Transitional Housing shall not be subject to the maximum density permitted as long as the maximum number of beds does not exceed 3 times the maximum number of dwelling units that would otherwise be permitted.

Management Plan. All facilities shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to insure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.31.120 Child Care and Early Education Facilities.

The provision of child day care and early education in safe and convenient locations is an important policy objective of the City. The purpose of this Section is to ensure the safety of children attending these facilities and to preserve the character of the surrounding neighborhood. Child Care and Early Education Facilities shall be located, developed, and operated in compliance with the standards of this Section.

Fences and Walls. Outdoor play areas shall be enclosed by a fence of at least 4 feet in height. In a required front setback the minimum 4-foot height shall be allowed by right. However, the fence height in a required front setback may not exceed 4 feet in height unless permitted through approval of an adjustment consistent with Section 9.21.050, Fences, Walls, and Hedges, and Chapter 9.43, Modifications and Waivers. Materials, textures, colors, and design of the fence or wall shall be compatible with on-site development and adjacent properties. All fences or walls shall provide for controlled points of entry.

Outdoor Play Area. For Child Care and Early Education Facilities, outdoor space shall be required for each child older than 2 years in compliance with applicable State requirements. This area must be either owned or leased by the applicant and cannot be shared with other property owners unless written permission is granted by the other property owners. This requirement may be waived if the applicant can demonstrate that there is a public park, school, or other public open area in close proximity to the facility.

Organized Outdoor Activities—Hours. If the Child Care and Early Education Facility is located within or adjacent to a Residential District, or adjacent to a residential use, organized outdoor activities shall be limited to the hours of 8:00 a.m. to 8:00 p.m. or sunset, whichever comes first, on weekdays and 9:00 a.m. to 8:00 p.m. or sunset, whichever comes first, on weekends.

Passenger Loading. A passenger loading plan shall be required in accordance with Section 9.28.080(C) subject to the approval of the Director. All loading facilities shall be provided off-street and within the subject property. The Director may authorize up to one required on-street passenger loading space along a frontage curb for certain designated times for Child Care and Early Education Facilities.

State and Other Licensing. All Child Care and Early Education Facilities shall be State licensed and shall be operated according to all applicable State and local regulations.

Neighborhood Liaison. All Child Care and Early Education Facilities shall designate an on-site contact person to serve as a neighborhood liaison to address any neighborhood concerns related to the Child Care and Early Education Facility operation.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2536CCS § 11, adopted February 28, 2017)

§ 9.31.125 Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential.

The purpose of this Section is to establish standards, requirements, and procedures for projects developed pursuant to the regulations set forth in State Senate Bill 9 (SB9), and any successor legislation, with the intent to increase access to housing by allowing the development of 2 residential units on parcels zoned primarily for single-unit dwellings.

Applicability. This Section shall apply to parcels located in the Single-Unit Residential (R1) and Ocean Park Single-Unit Residential (OP1) zoning districts, and select parcels within Multi-Unit Residential and Ocean Park Neighborhood zoning districts limited to one single-unit dwelling based on specific limitations, including, but not limited to, density calculations and parcel size and/or dimensions. Projects proposed pursuant to this Section shall meet all of the following:

Location Requirements.

The parcel is located in an urbanized area or urban cluster, as defined by the Census Bureau;

The parcel is not located within a designated historic district or does not contain a historic resource;

The parcel is not located on a site identified in California Government Code Section 65913.4(a)(6)(B), (C), (I), (J), (K), which includes, but is not limited to, the following:

Prime farmland, wetlands, land identified for conservation, land under conservation easement, or habitat for protected species;

The parcel is not located on a site identified in California Government Code Section 65913.4(a)(6)(D), (E), (F), (G), (H), unless the development satisfies the requirements therein, which includes, but is not limited to, the following:

Very high fire hazard severity zone, hazardous waste site, delineated earthquake fault zone, 100-year floodplain, or regulatory floodway.

Displacement Protections. Projects shall not include alteration or demolition of any of the following types of housing:

Deed restricted affordable housing;

Rent-controlled housing or housing subject to any form of price control, including, but not limited to, units subject to the California Statewide rent control law and Article XVIII of the Santa Monica Charter, the City's rent control law;

Housing occupied by a tenant in the last 3 years; or

Housing on parcels with an Ellis Act eviction in the last 15 years from date of application submittal.

Permitted Projects. The following project types are permitted pursuant to this Section:

Lot Split. A permitted parcel may be subdivided into 2 parcels pursuant to subsection (D), below.

Duplex. One duplex may be established or constructed on a permitted parcel pursuant to subsection (E), below.

Lot Split with Single-Unit Dwelling or Duplex. Single-unit dwellings and duplexes are permitted to be established in conjunction with a lot split pursuant to subsections (D) and (E), below.

Review Process.

Projects established under this Section shall be subject to a ministerial approval and design review process as determined by the Director prior to submittal of a building permit.

Lot splits shall be subject to the provisions of Chapter 9.54, Land Divisions, except that no Planning Commission hearing is required for the tentative map process.

Lot Split Standards and Requirements. Parcels subdivided pursuant to this Section shall comply with the following standards and requirements:

Minimum Parcel Size. Parcels resulting from a permitted lot split shall be no smaller than 1,200 square feet and 40% of the original parcel size.

Minimum Parcel Dimensions. No minimum parcel width or depth.

Access. Access to a public right-of-way shall be provided for each resulting parcel.

Subdivision Limitations.

The subject parcel has not been previously subdivided pursuant to this Section.

The subject parcel is not adjacent to another parcel that has been subdivided pursuant to this Section by the same owner or any person acting in concert with the same owner.

Owner Occupancy. Property owner shall intend to live on one of the resulting parcels for 3 years after subdivision completion.

Process. Zoning conformance review and approval shall be required prior to submittal of a building permit.

Development Standards and Requirements. Development established or constructed under this Section shall comply with all of the following standards and requirements. Where provisions are not specifically addressed, the standards of the underlying zoning district shall apply.

Land Uses. Permitted uses shall be limited to the following:

Single-unit dwelling.

Duplex.

Accessory dwelling unit.

Junior accessory dwelling unit.

Maximum unit count.

No Lot Split. Up to 4 units are permitted per parcel. A duplex must be established but no more than one duplex is permitted. The 4 permitted units are inclusive of accessory dwelling units pursuant to Section 9.31.025.

Lot Split. Up to 2 units are permitted on each parcel created by a lot split, of which at least one single-unit dwelling or a duplex must be established on each parcel. The 2 permitted units are inclusive of accessory dwelling units and junior accessory dwelling units pursuant to Section 9.31.025, unless otherwise permitted under Section 9.31.025(G)(3).

Parcels 10,000 SF or Greater. Notwithstanding subsections (a) and (b), above, on parcels 10,000 square feet or greater, more than 4 units may be permitted per parcel, inclusive of accessory dwelling units pursuant to Section 9.31.025.

Minimum Front Setback. If a lot split results in a front parcel line that is adjacent to an alley, no more than 4 feet is required.

Minimum Side and Rear Setbacks.

New Construction. 4 feet, except in the following circumstance:

In the case of a lot split, no setback shall be required from the newly created interior parcel line provided that the structures meet fire and safety standards.

Existing development or reconstruction in same location and dimensions may retain nonconforming setbacks.

Guaranteed Unit Size. Notwithstanding standards set forth within this Section or the underlying zoning district, no standard shall preclude the establishment or construction of 2 units of at least 800 square feet each.

Owner Occupancy. Property owner shall intend to live in one of the proposed units for 3 years.

Parking. One parking space is required per unit established pursuant to this Section, except no parking is required if any of the following applies:

The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or

There is a car share vehicle located within one block of the parcel.

Rental and Sale Requirement. When 2 or more units are established under this Section, at least one of the units shall be either sold or used as a rental unit subject to a deed restriction in a form approved by the City Attorney prior to issuance of a building permit.

Lease Terms. Units created under this Section shall not be used for rental terms of 30 days or less.

Development Impact Fees.

Applicability of Chapter 9.64, Affordable Housing Production Program. Permitted projects under this Section are exempt from the affordable housing fee pursuant to Chapter 9.64.

Applicability of Chapter 9.65, Childcare Linkage Program, Chapter 9.66, Transportation Impact Fee Program, and Chapter 9.67, Parks & Recreation Development Impact Fee Program. Fees pursuant to Chapter 9.65, Chapter 9.66, and Chapter 9.67 shall be required for units created under this Section.

(Added by Ord. No. 2742CCS § 2, adopted April 11, 2023)

§ 9.31.130 Emergency Shelters.

The purpose of these standards is to ensure that Emergency Shelters do not adversely impact adjacent parcels or the surrounding neighborhood and will be developed in a manner that protects the health, safety, and general welfare of the nearby residents and businesses while providing for the housing needs of a needy segment of the community. Emergency Shelters shall be located, developed, and operated in compliance with the following standards.

Lighting. Adequate external lighting shall be provided for security purposes. Lighting shall comply with Section 9.21.080, Lighting.

Laundry Facilities. The shelter shall provide laundry facilities or services adequate for the number of residents.

Common Facilities. The development may provide one or more of the following specific common facilities for the exclusive use of the residents and staff:

Central cooking and dining room(s).

Recreation room.

Counseling center.

Child care facilities.

Other support services.

Security. Parking and outdoor facilities shall be designed to provide security for residents, visitors and employees.

Outdoor Activity. For the purposes of noise abatement in Residential Districts, organized outdoor activities may only be conducted between the hours of 8:00 a.m. and 10:00 p.m.

Emergency Shelter Provider and Services. The agency or organization operating the shelter shall comply with the following requirements:

Temporary shelter shall be available to residents for no more than 6 months with extensions up to 180 days available if the shelter operator determines that no alternative housing is available.

Staff and services shall be provided to assist residents to obtain permanent shelter and income. Such services shall be available at no cost to all residents of a provider's shelter or shelters.

The provider shall not discriminate in any services provided.

The provider shall not require participation by residents in any religious or philosophical ritual, service, meeting or rite as a condition of eligibility.

The provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to insure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents.

Maximum Unit Density. Emergency Shelters that are located in Residential Districts, when not developed in an individual dwelling unit format, shall not be subject to the underlying Zoning District's maximum unit density standard, but the number of beds shall be limited to 3 times the maximum number of dwelling units which would otherwise be permitted on the site.

Health and Safety Standards. The shelter for the homeless must comply with all applicable Federal and state standards.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.31.140 Family Day Care, Large.

The purpose of these standards is, consistent with Sections 1596.70 through 1596.7996 of the Health and Safety Code, to allow large family day cares in residential surroundings to give children a home environment that is conducive to healthy and safe development. The following standards shall apply to large family day cares.

Structures. A large family day care shall conform to all property development standards of the zoning district in which it is located unless otherwise provided in this Section.

Noise. The operation of a large family day care shall comply with noise standards contained in Chapter 4.12, Noise, of the Municipal Code. Noise from the operation of any large family day care may not exceed that which is customary in residential neighborhoods during daytime hours. Prolonged and abnormally loud noises shall not be considered customary, while the periodic sounds of small groups of children at play shall be considered customary in residential neighborhoods from 8:00 a.m. until 9:00 p.m.

Hours of Operation. Large family day cares shall not be limited in hours or days of operation.

On-Site Parking. On-site parking for large family day cares shall not be required except for that required for the residential building in accordance with Chapter 9.28, Parking, Loading, and Circulation.

Passenger Loading. Curbside loading shall be presumed adequate for drop-off and pick-up of children. A passenger loading plan shall be required in accordance with Section 9.28.080(C) subject to the approval of the Director.

Lighting. Lighting must conform to Section 9.21.080, Lighting. In addition, passenger loading areas may be illuminated. If a passenger loading area is illuminated, the lighting shall be directed away from adjacent properties and of an intensity compatible with the residential neighborhood.

Screening of Outdoor Play Areas. Fences shall comply with Section 9.21.050, Fences, Walls, and Hedges.

Residency. The operator of a large family day care must be a full-time resident of the dwelling unit in which the day care is located.

State and Other Licensing. All large family day cares shall be State licensed and operated according to all applicable State and local regulations.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2649CCS § 33, adopted September 8, 2020)

§ 9.31.150 General Markets in Residential Districts.

The purpose of this Section is to establish standards for small grocery stores (General Markets) that serve neighborhood residents and are located in Multi-Unit Residential Districts. The standards of this Section are intended to ensure that such stores are compatible with the scale and character of the surrounding neighborhood, and consistent with the goals, objectives, and policies of the General Plan. The following standards apply to General Markets where they are permitted or conditionally permitted in Residential Districts.

Location. No General Market shall be located within 300 linear feet of another General Market in the same Residential District.

Structure. A General Market shall be operated completely within an enclosed building. The store shall be located on the ground floor.

Density Calculation. The space occupied by a General Market shall be considered a residential unit for the purpose of calculating the density of development on a parcel. The market "unit" may not be used for residential purposes.

Height, Setback, and Parcel Coverage. A General Market shall comply with the Tier 1 height, setback, and parcel coverage requirements allowed for the District in which it is located unless the Planning Commission approves a Conditional Use Permit allowing the structure to exceed the maximum height, setback, and parcel coverage requirements for the residential district pursuant to Chapter 9.23, Community Benefits.

Parking. General Markets shall meet the requirements of Section 9.28.060, Number of Parking Spaces Required.

Passenger Loading. One on-street passenger-loading zone shall be located adjacent to the parcel near the entrance to the store for use by customers who arrive by automobile.

Off-Street Loading. One off-street loading area may be used for parking by store customers between the hours of 8:30 a.m. and 6:00 p.m.

Hours of Operation. A General Market may only be open for business between the hours of 7:00 a.m. and 11:00 p.m.

Maximum Size. No General Market may exceed 2,500 square feet in floor area.

Alcohol Sales. Beer and wine sales for off-site consumption shall be permitted subject to the applicable requirements of Section 9.31.040, Alcoholic Beverage Sales.

Deliveries. Deliveries shall be permitted only between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2520CCS § 67, adopted June 14, 2016)

§ 9.31.160 Home Occupation.

This Section is intended to allow for home enterprises that are clearly incidental and secondary to the primary residential use of a dwelling unit and compatible with surrounding residential uses. It allows for the gainful employment in the home by any occupant of a dwelling so long as the enterprise does not require frequent customer access or have associated characteristics that would reduce the surrounding residents' enjoyment of their neighborhood. Home occupations shall comply with the standards of this Section.

Standards. Home occupations shall be located and operated in compliance with the following standards.

The home occupation shall be conducted entirely within a dwelling or accessory building except for horticulture activities or creative activities by artists, which may be conducted outdoors.

No portion of any required parking space or structure shall be used for home occupation purposes if such use would preclude compliance with the off-street parking requirements of Chapter 9.28, Parking, Loading, and Circulation.

The home occupation shall not alter the appearance of the dwelling unit (by color, materials or construction, lighting, signs, sounds or noises, vibrations, etc.) such that the structure may be recognized as serving a nonresidential use.

Sale of goods on the premises shall be limited to the products of the home occupation. No other merchandise or goods shall be sold, kept or displayed for the purposes of sale on the premises. Mail order businesses that do not involve handling or merchandise or storage in the home are permitted.

There shall be no signs other than the address and name of any resident.

There shall be no outdoor advertising that identifies the home occupation.

No commercial vehicles may be used for delivery of materials, with the exception of reasonable courier services, to or from the premises. No more than one vehicle larger than a three-quarter ton truck may be used in connection with a home occupation and no limousine or other vehicle for hire used in connection with the home-based business shall be kept on the site or parked in the public right-of-way in the vicinity of the site.

Parking for any vehicle primarily used in connection with the home occupation shall be provided in addition to parking required for the unit and the property remains in compliance with all other applicable requirements.

Activities conducted and equipment, material or hazardous materials used shall be identified on the Zoning Conformance Review application and shall not change the fire safety or occupancy classifications of the premises.

10.

No use shall create or cause blight, hazards, or nuisances due to noise, dust, vibration, odors, smoke, glare, electrical interference, or other reasons.

11.

No employees other than residents of the dwelling unit shall be allowed to work, gather or congregate on the premises in connection with a home occupation, with the exception of babysitters, domestic staff, or cottage food operations as defined in California Health and Safety Code Section 113758.

12.

Where the person conducting the home occupation serves as an agent or intermediary between outside suppliers and outside customers, all articles, except for samples, shall be received, stored, and sold directly to customers at an off-premises location.

13.

There shall be no excessive or unsightly storage of materials or supplies indoors or outdoors for purposes other than those permitted in the residential district in which it is located.

14.

The home occupation shall not generate pedestrian or vehicular traffic beyond that ordinarily generated in the residential district in which it is located. A maximum of 6 client visits is allowed during any 24 hour period.

15.

The home occupation shall not result in excess use of utilities and public facilities in amounts greater than normally provided for residential use.

16.

The home occupation permit shall be valid only for the person to whom it is issued and shall be void when that person moves from the dwelling unit or discontinues the business.

Prohibited Home Occupation Uses. The following uses shall not be permitted as home occupations:

Ambulance service.

Animal hospitals or grooming facilities.

Automotive and other vehicle repair (body or mechanical), upholstery, painting or storage.

Barber or beauty shops.

Carpentry or cabinet making.

Contractor storage yards.

Dancing schools, exercise and yoga studios, except one-on-one training or teaching that does not exceed 6 clients within 24 hours.

Firearms manufacture, sales, or repair.

Furniture refinishing or upholstery.

10.

Junkyards.

11.

Massage establishments, except for a massage technician who is certified by the State of California and meets all other applicable requirements for and holds a valid permit issued under Chapter 6.104 of the Municipal Code.

12.

Medical offices, clinics, and laboratories, except for psychologists, speech therapists, acupuncturists, and other professionals with one-on-one counseling, therapy, or treatment that do not exceed 6 clients within 24 hours.

13.

Restaurants.

14.

Sexually-oriented businesses.

15.

Spas and retreat centers.

16.

Tattoo studios.

17.

Welding or machine operation.

18.

Other uses the Director determines to be similar to those listed above, or which by operation or nature are not incidental to or compatible with residential activities.

Procedures

The establishment of a home occupation requires Zoning Conformance Review, pursuant to the procedures of Chapter 9.38, Zoning Conformance Review, to ensure consistency with all of the standards of this Section. Zoning Conformance Review shall not be required for any existing approved home occupation relocating to another unit on the same parcel.

Every operator of a home occupation shall obtain and maintain a business license pursuant to Chapter 6.04 of the Municipal Code.

The applicant for a home occupation shall agree in writing to operate the home occupation in conformance with the standards of this Section.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.31.170 Live-Work Units.

Purpose. This Section establishes regulations and standards for creating and operating Live-Work units as a combined commercial/industrial and residential use. The purposes of these provisions are to:

Allow for the creation of cost-efficient alternative work space that will provide an incentive for entrepreneurs, business owners, artists, artisans, and other individuals to continue to work in Santa Monica and contribute to the City's economy;

Provide for and make feasible the reuse of existing commercial or industrial buildings and related sites in specified Mixed-Use and Commercial and Employment Districts;

Promote conservation and reuse of commercial or industrial buildings;

Implement the Land Use and Circulation Element of the General Plan by reducing the number and length of work-related vehicle trips that contribute to traffic congestion, generate greenhouse gas emissions, and degrade air quality;

Provide for the health, safety, and livability of persons who reside and work in Live-Work units; and

Ensure that the exterior design of Live-Work buildings is compatible with the exterior design of commercial, industrial, and residential buildings in the area, while maintaining and respecting both the residential and workspace character of live-work buildings.

Applicability. Live-Work units may be established through the conversion of existing commercial and industrial buildings or in new construction, where permitted or conditionally permitted in any mixed-use, commercial, or employment district according to the use regulations of Division 2, Base and Overlay Districts, and subject to the requirements of this Section and other applicable requirements of this Ordinance.

Development Standards.

Floor Area. At least 60 percent of the gross floor area of a Live-Work unit must be designated and regularly used for work activities.

Parking. Live-Work units shall comply with the requirements of Chapter 9.28, Parking, Loading, and Circulation.

Open Space. Common or private on-site open space shall be provided for the use of occupants at a rate of 100 square feet per Live-Work unit. This space may be attached to individual units or located on the roof or adjoining the building in a rear setback.

Design Guidelines. In order to accommodate the range of activities associated with Live-Work units, the units shall be designed to comply with the City's Building Code and Fire Code for both commercial and residential space and shall, at minimum, include the following elements unless precluded by existing built conditions:

High volume ground floor space;

Floor drains;

Flooring and finishes that support live-work units;

Consideration for ventilation including natural ventilation and flexibility for the installation of mechanical or special ventilation if necessary;

Consideration for storage and disposal of hazardous or toxic materials related to work products;

Access to loading dock;

Consideration for additional electrical power; and

Slop sinks.

Additional Requirements.

Permitted Work Activity. The work activity in a building where Live-Work units are allowed shall be any use permitted by right or use permit in the Zoning District. If a use permit is required, an application shall be required in accordance with Chapter 9.41 in order to protect the health and safety of persons who reside in a Live-Work unit or in a building which contains one or more Live-Work units.

Prohibited Uses.

The following uses are prohibited in Live-Work units: Automobile/Vehicle Sales and Leasing, Bars/Nightclubs/Lounges, Sexually-Oriented Businesses, Animal Sales and Services, Liquor Stores, Funeral Parlors and Mortuaries, Outdoor Storage as a primary use, and Salvage and Wrecking.

No use shall be approved where, given the design or proposed design of the Live-Work unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from uses that generate airborne particulates in a unit with an unenclosed kitchen.

Business License Required. At least one occupant of each Live-Work unit shall maintain a current City business license for a business located in that unit.

Artist Marketing. No more than twelve months from issuance of the building permit, the developer shall meet and confer with the City's Cultural Affairs Manager regarding a marketing plan and within 90 days, shall submit to the City's Cultural Affairs Manager a plan for review and approval within 30 days on how the Live-Work units will be marketed to artists initially and on an ongoing basis. The artist marketing plan shall at a minimum include the following components:

Designation of an on-site marketing and outreach coordinator;

Method, manner, and scope of outreach to the artist community including timing of when outreach would begin;

Strategies for initial and ongoing proactive outreach to the arts community and outreach lists provided by the City;

Outreach information that can help educate potential applicants to make decisions about applying for units;

Timeline for lease-up; and

Sample application.

Nonresident Employees. Up to 3 persons who do not reside in the Live-Work unit may work in the unit unless such employment is expressly prohibited or limited by a Conditional Use Permit. The employment of 4 or more persons who do not reside in the Live-Work unit may be permitted subject to the provision of additional parking spaces and a determination of the Director that the additional parking is sufficient to meet the needs of the additional employees. The employment of any persons who do not reside in the Live-Work unit shall be subject to all applicable Building Code requirements.

Client and Customer Visits. Client and customer visits to Live-Work units are permitted subject to any conditions that may be imposed by a Conditional Use Permit, where such use permit is required by the regulations of the respective district, in order to ensure compatibility with adjacent commercial or industrial uses or adjacent Residential Districts.

No Separate Sale or Rental of Portions of Unit. No portion of a Live-Work unit may be separately rented or sold as a commercial space for a person or persons not living on the premises or as a residential space for a person or persons not working in the same unit.

Mixed Occupancies. If a building contains mixed occupancies of Live-Work units and other nonresidential uses, occupancies other than Live-Work shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the Live-Work units and other occupancies, as determined by the Director.

Notice to Occupants Required. The owner or developer of any building containing Live-Work units shall provide written notice to all occupants and users that the building may be subject to levels of noise, dust, fumes, or other effects associated with commercial and industrial uses at higher levels than would be expected in residential areas. Subject to State and Federal health regulations, noise and other standards shall be those applicable to commercial or industrial properties in the district where the project is located.

10.

Deed Restriction Required. The owner of each Live-Work unit or each building containing Live-Work rental units shall record a notice on the property specifying the limitations of use and operation included in the use permit.

11.

Hazardous/Toxic Materials. A Phase I Environmental Assessment for a site proposed for Live-Work occupancy, including but not limited to an expanded site investigation to determine whether lead based paint and asbestos hazards exist, is required to be submitted as part of the application for a use permit. The purpose of this requirement is to assess whether there are any hazardous or toxic materials on the site that could pose a health risk. Where the Phase I shows that there are potential health risks, a Phase 2 Environmental Assessment shall be prepared and submitted to determine if remediation may be required.

12.

On-Premises Sales. On-premises sales of goods are limited to those produced within the Live-Work unit. Retail sales of goods produced within the Live-Work unit shall be incidental to the primary work use in any building used exclusively for Live-Work occupancy. These provisions shall permit participation in occasional open studio programs and gallery shows.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.31.180 Manufactured Housing.

In addition to complying with all property development standards for the Zoning District in which the manufactured dwellings are to be located, they shall be located, developed, and operated in compliance with the following standards:

General Requirements. Manufactured homes may be used for residential purposes subject to the provisions of this Section. Manufactured homes may also be used for temporary uses subject to the approval of a Temporary Use Permit consistent with Chapter 9.44.

Design Criteria. A manufactured home shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards:

Foundation. A manufactured home shall be built on a foundation system approved by the Director.

Roof Material. Roof material shall consist of material customarily used for conventional single unit dwellings, such as tile, composition shingles, and wood shakes and shingles. If shingles and/or wood shakes are used, the pitch of the roof shall be not less than 3 inches vertical to 12 inches horizontal.

Siding Material. Siding material shall consist of exterior material customarily used for conventional single unit dwellings, such as stucco, wood, brick, stone or decorative concrete. Metal siding, if utilized, shall be non-reflective and horizontally lapping. Siding material utilized as skirting shall be the same as the material used on the exterior wall surface of the manufactured home.

Carport/Garage. If a carport or enclosed garage is required within the zoning district in which the dwelling unit is to be located, the design and materials of the garage or carport shall be compatible with the main dwelling.

Skirting. The unit's skirting must extend to the finished grade.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.31.185 Medicinal Cannabis Retailers.

Purpose. The purpose of this Section is to ensure that the development of medicinal cannabis retailers does not adversely impact adjacent parcels or the surrounding neighborhoods in which they are located and that they will be developed in a manner that protects the health, safety, and general welfare of nearby residents and businesses while providing for the needs of all segments of the community. Medicinal cannabis retailers shall be permitted, located, developed, and operated consistent with the following development standards.

Conditional Use Permit. Each medicinal cannabis retailer shall be subject to the approval of a Conditional Use Permit by the Planning Commission, appealable to the City Council.

Number and Location. A maximum of 2 medicinal cannabis retailers no larger than 2,500 square feet shall be permitted. Medicinal cannabis retailers are prohibited within 600 feet of a child care and early education or family day care facility, park, school, library, social service center, or other medicinal cannabis retailer. The distance shall be established on the date of application for the Conditional Use Permit.

Hours of Operation. Medicinal cannabis retailers may be operated between the hours of 10:00 a.m. and 8:00 p.m. Monday through Saturday and 12:00 p.m. to 7:00 p.m. on Sundays.

Recommendations. No recommendations for medicinal cannabis shall be issued on site.

Delivery. Delivery of medicinal cannabis to patients or primary care givers as defined in Health and Safety Code Section 11362.5 et seq., is permitted.

Source Requirement. Only medicinal cannabis cultivated in California may be sold in a medicinal cannabis retailer.

On-Site Cultivation. A maximum area of 15% of the total floor area may be used for on-site cultivation.

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.

Inspections. A medicinal cannabis retailer owner shall authorize reasonable City inspection of the property by Santa Monica Code enforcement and police staff or other agents or employees of the City to ensure compliance with the conditions of approval imposed by the City in approving this project and will bear the reasonable cost of these inspections as established by Santa Monica Municipal Code Section 2.72.010 and Resolution No. 9905(CCS) or any successor legislation thereto. These inspections shall be no more intrusive than necessary to ensure compliance with conditions of approval.

Enforcement Cooperation. A medicinal cannabis retailer, and all employees thereof, shall use best efforts to assist the police in investigating and prosecuting any violations of this Chapter consistent with constitutional provisions.

Sale of Adult-Use Cannabis or Adult-Use Cannabis Products. Notwithstanding anything to the contrary in this Section or Municipal Code, medicinal cannabis retailers that have been issued a Conditional Use Permit as of October 10, 2023 shall be permitted to deliver and sell adult-use cannabis or adult-use cannabis products, as licensed and regulated by Business and Professions Code Section 26000 et seq., to persons 21 years of age and over, only if a regulatory permit for adult-use cannabis has been obtained by June 1, 2024. Only cannabis cultivated within California may be sold in accordance with 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.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2764CCS, adopted November 14, 2023)

§ 9.31.190 Mobile Food Truck Off-Street Venues.

Purpose. The purpose of this Section is to ensure that off-street food truck venues are compatible with surrounding and adjacent uses and do not create an adverse impact on adjacent properties by reason of noise, parking and litter. The following special conditions shall apply to off-street food truck venues:

Applicability. All new off-street food truck venues shall comply with the development standards for the district in which it is located and with this Section.

Minimum Parcel Size. 15,000 square feet.

Maximum Number of Food Trucks. One food truck per 2,000 square feet of parcel area.

Days and Hours of Operation. No food truck venues shall operate more than 3 days per week or before 8:00 a.m. or after 11:00 p.m., including set-up and clean-up. The days and hours of operation of individual food truck venues within these limitations shall be determined on a case-by-case basis, subject to Zoning Administrator approval or Planning Commission approval on appeal.

Restrooms. A minimum of one accessible public restroom for men and one for women shall be provided on-site during all hours the food truck venue is in operation.

Seating Area. A maximum 200 square foot seating area may be provided. Any seating areas must be removed prior to closure of the food truck venue for the day.

Parking. A minimum of 2 off-street parking spaces per food truck is required. A minimum of 10 bicycle parking spaces shall also be provided. Barricades shall be placed to prevent vehicles from entering the food truck vending and seating area. The off-street parking layout, bicycle parking and placement of the barricades are subject to the approval of the Planning and Community Development Department.

Refuse and Recycling. Refuse and recycling containers shall be provided on-site during all hours of food truck operations. The refuse and recycling plan shall be reviewed and approved by the City's Resource Recovery and Recycling Division. All litter generated by the food truck operation shall be picked up within a minimum of a 300-foot radius of the site prior to closure of the food truck venue.

Food Truck Venue Operations. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions. The applicant shall prohibit loitering at the site and shall control noisy patrons on-site and those leaving the premises. No amplified music or loudspeakers shall be permitted. The operation shall at all times comply with the provisions of the City's Noise Ordinance.

County Licensing. Each food truck shall be properly licensed by the Los Angeles County Department of Public Health.

Maximum Term. The term of the permit authorized by this Section for food truck venues shall not exceed 3 years.

Structures. No structures requiring a Building Permit may be constructed for food truck venues authorized by this permit.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.31.195 Multiple-Unit Dwelling Projects.

The purpose of this Section is to establish requirements for multiple-unit dwelling projects; however, 100% affordable housing projects are exempt from subsections (A) and (B) of this Section.

Unit Mix. Multiple-unit dwelling projects with more than 50 units shall incorporate the requirements set forth below, except Tier 2 projects shall comply with Section 9.23.030(A)(2).

For market rate units:

At least 10% of the units shall be three-bedroom units;

At least 10% of the units shall be two-bedroom units;

No more than 15% of the units shall be studio units.

Affordable housing unit mix shall be governed by Chapter 9.64, Affordable Housing Production Program.

The Director may grant a waiver from this unit mix requirement pursuant to the requirements and procedures for Waivers in Chapter 9.43.

Transportation Demand Management. Multiple-unit dwelling projects that meet the applicability established in Section 9.53.030 shall include the following Transportation Demand Management measures in addition to those required by Chapter 9.53, Transportation Demand Management:

For nonresidential components of projects, provide the following:

A transportation allowance equivalent to at least 75% of the cost of a monthly regional transit pass, in accordance with Section 9.53.130(B)(2)(b)(viii).

Bike valet, free of charge, during all automobile valet operating hours.

For residential components of projects, provide a transportation allowance equivalent to at least 75% of the cost of a monthly regional transit pass, in accordance with Section 9.53.130(B)(2)(c)(iv).

Air Quality Assessment Zone. Multiple-unit dwelling projects within the Air Quality Assessment Zone shall be required to prepare a technical memorandum that describes the effectiveness of design features to reduce exposure to diesel particulate matter (DPM) as a part of the early project design process. Such memorandum shall be submitted at the time of project application and shall be subject to review and approval by the Director prior to project approval.

Unit Replacement Requirements. Multiple-unit dwelling projects shall comply with all applicable residential unit replacement requirements, including, but not limited to, Government Code Section 66300(d) and State Density Bonus law.

(Added by Ord. No. 2742CCS § 2, adopted April 11, 2023)

§ 9.31.196 Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots.

The purpose of this Section is to promote fair housing opportunities throughout the City by incentivizing multiple-unit dwelling projects on surface parking lots associated with existing community assembly uses.

Applicability. This Section shall apply to multiple-unit dwelling projects on surface parking lots owned in whole or in part by a community assembly use, where at least a portion of the existing community assembly use is retained.

Allowable Uses. The multiple-unit dwelling project may include the existing community assembly use and related ancillary uses for the support or expansion of the community assembly use.

Affordability Requirements. Multiple-unit dwelling projects shall include at least 50% of total units affordable to 80% income households.

Affordable Units. The affordable housing units shall be owned in whole or in part and operated by a nonprofit housing provider for the life of the project.

Building Height. Projects shall receive a height increase of up to 33 feet above maximum building height for the underlying zone district. Projections that have already received up to 3 additional stories or 33 feet in height in accordance with 9.22.060(A)(4) shall not be eligible for additional building height pursuant to this subsection.

Density. There shall be no limit to density.

Parking Requirements. There shall be no minimum parking requirements. Replacement of existing parking for the associated community assembly use shall not be required.

Additional Requirements. Projects shall comply with the requirements set forth in Section 9.31.195, Multiple-Unit Dwelling Projects.

Process. Projects shall be processed as Administrative Approvals pursuant to Chapter 9.39.

(Added by Ord. No. 2742CCS § 2, adopted April 11, 2023)

§ 9.31.197 Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots.

The purpose of this Section is to incentivize new housing choices and affordability on underutilized sites in high opportunity areas that would not displace existing tenants.

Applicability. This Section shall apply to new multiple-unit dwelling projects on surface parking lots in residential zones associated with existing multiple-unit dwelling or commercial uses.

Relationship to Chapter 9.16, "A" Off-Street Parking Overlay District. Where there is a conflict between compliance with Chapter 9.16 and this Section, the provisions of this Section shall control.

Retention of Existing Multiple-Unit Dwelling Use. Any new multiple-unit dwelling project shall not remove any existing dwelling units.

Consolidation of Parcels. Residentially zoned parcels eligible under this Section that are associated with commercial uses shall be exempt from parcel consolidation restrictions in Section 9.21.030(B), Development on Multiple Parcels.

Development Standards. Except as set forth below, all multiple-unit dwelling projects developed on a surface parking lot shall be subject to the development standards required for the underlying residential zone.

Maximum Allowable Density. Maximum allowable density shall be based solely on unit density calculations for the underlying residential district. Any additional density restrictions on maximum number of units for each district shall not apply. For parcels zoned R1, maximum allowable density shall be calculated based on one unit per 2,000 square feet of parcel area, or 4 units, whichever is greater.

Minimum Interior Side Setback. When the surface parking lot is redeveloped together with the associated adjacent commercial parcel, no interior side setback on the residential parcel is required from the shared parcel line or adjacent alley except as required by Building Code.

Daylight Plane. When the surface parking lot is redeveloped together with the associated adjacent commercial parcel, no daylight plane shall be required for the commercial parcel.

Parking. Pursuant to Section 9.28.030(A), any required parking that is removed from the residential parcel to be developed shall be replaced.

Access. Notwithstanding Section 9.21.040(B), access to parking serving a nonresidential use may be taken from a residentially zoned parcel if the required nonresidential parking is replaced.

Additional Requirements. Projects shall comply with the requirements set forth in Section 9.31.195, Multiple-Unit Dwelling Projects.

(Added by Ord. No. 2742CCS § 2, adopted April 11, 2023)

§ 9.31.198 Multiple-Unit Dwelling Projects Located on Certain Sites Subject to Applications Filed Prior to Implementation of 6th Cycle (2021-2029) Housing Element.

The purpose of this Section is to incentivize the production of housing on parcels subject to applications for housing development projects that have asserted eligibility for processing under the "builder's remedy" provision of the Housing Accountability Act ("HAA"), California Government Code Section 65589.5(d), that were filed between September 30, and October 13, 2022, prior to implementation of the 6th Cycle (2021-2029) Housing Element.

Applicability. Subject to the provisions of subsection C below, this Section shall apply to new multiple-unit dwelling projects with applications filed between June 1, 2023 and 2 years after the effective date of the Ordinance codified in this Section, on parcels that meet the following requirements ("eligible projects"):

A preliminary application was filed for a housing development project pursuant to Government Code Section 65941.1 between September 30, and October 13, 2022; and

The preliminary application asserted eligibility for processing under the "builder's remedy" provision of the Housing Accountability Act, Government Code Section 65859.5(d).

Development Standards. All eligible projects shall be subject to the development standards established for the underlying zone.

Affordable Housing Production Program Requirements. All eligible projects shall be subject to the provisions of Chapter 9.64, Affordable Housing Production Program, except that the applicant for any eligible project may elect to satisfy the off-site provisions of Chapter 9.64, as follows:

Applicant may offsite any or all of the affordable housing units associated with an eligible project at any commercially or residential zoned parcel in the City (outside of the Pico Neighborhood Area) consistent with the underlying General Plan and zoning regulations (with available State Density Bonus Law benefits available under AB 1763 [Chapter 666, Stats. 2019]) for 100% affordable projects) provided there are no existing residential units on the target offsite property (the "Offsite Affordable Option"). For purposes herein, the Pico Neighborhood shall be defined in the Figure 9.40.020.A: "Pico Neighborhood Area."

If the applicant elects the Offsite Affordable Option for an eligible project in accordance with this subsection C, the following terms and conditions apply to the eligible project:

Affordable Housing Units. The market rate eligible project shall provide 15% of the total number of market rate base density (i.e., pre density bonus) units as offsite affordable housing units (i.e., 5% very low, 5% low and 5% moderate). The affordable housing units for the Offsite Affordable Option shall not count as the basis to award a market rate density bonus for the offsite project. However, the offsite units may be used to qualify for density bonus benefits (e.g., density bonuses, incentives/concessions, waivers of development standards and reduced parking) for a 100% affordable housing project at the offsite location(s). Should the applicant elect to satisfy the affordable housing requirement on site for any of the eligible projects, it shall be 15% of the base density (i.e., pre-density bonus) project units.

State Density Bonus Benefits. If exercised, the Offsite Affordable Option would enable the applicant to receive State Density Bonus Law benefits for the eligible project (i.e., up to a 50% market rate density bonus, 3 permitted incentives/concessions and additional waivers of development standards) as if the affordable units were to be provided on site.

Timing for Completion. The offsite affordable project must receive a certificate of occupancy prior to issuance of a certificate of occupancy for the related market rate development. However, nothing shall prevent the market rate building from obtaining a building permit and commencing construction concurrent with or prior to the corresponding offsite affordable project.

Parking. Notwithstanding the provisions of Section 9.28.060(A), eligible projects located in the Downtown Community Plan Area shall be subject to the following maximum parking requirements:

Guest = 1 space per 15 units.

Studio, no bedrooms = 1 space per unit.

1 bedroom = 1 space per unit.

2 or more bedrooms = 1 space per unit.

Additional Requirements. Except as expressly provided in this Section, eligible projects shall comply with the requirements set forth in Section 9.31.195, Multiple-Unit Dwelling Projects.

Termination. This Section (with the exception of subsection D, "Parking") shall terminate and be of no further force and effect upon issuance of administrative approvals for 965 "additional units." For purposes of this Section, "additional units" means the total amount of units provided by 1 or more eligible projects, including market rate, affordable, on-site and off-site units, that exceed the collective unit capacity allocated to the properties associated with the eligible projects under the Suitable Sites Inventory for the City's 6th Cycle (2021-2029) Housing Element. This provision shall not impose any limit on the number of units of the eligible projects (either individually or collectively) that do not utilize the offsite affordable housing benefits contained in this Section 9.31.198. In addition, subsection D, "Parking" shall survive termination of this Section and continue to apply to any eligible projects identified in the settlement agreement located within the Downtown Community Plan area.

(Added by Ord. No. 2755CCS, adopted August 22, 2023)

§ 9.31.199 Outdoor Commercial Uses on Private Property.

Purpose. The purpose of this Section is to allow existing and new businesses to expand outdoor commercial activity using on-site surface parking lots or common open areas located on private property and to ensure that such uses do not adversely impact adjacent properties and surrounding neighborhoods consistent with the goals, objectives, and policies of the General Plan. Eligible businesses proposing outdoor space shall be designed, located, and operated in accordance with the requirements of this Section.

Definitions. The definitions in Santa Monica Municipal Code Section 9.52.020 apply to the terms and phrases used in this Chapter, unless otherwise specified herein. In addition, the following terms and phrases have the following meanings when used in this section:

"Eligible business"

means: (1) a business that operates out of a physical location in the City and has received any necessary entitlements from the City to operate; (2) the use of the physical location by the business is a commercial use classification that is permitted or conditionally permitted in the district, other than those uses specifically prohibited under this Section, as those terms are defined by Santa Monica Municipal Code Section 9.51.030; and (3) an expansion of an existing commercial use located on the same parcel located in a nonresidential or Oceanfront District, or adjacent residentially zoned parcel.

"Outdoor space"

is inclusive of all or a portion of a common area, such as a surface parking lot, courtyard, plaza, roof deck, or other private open space area located on private property.

Applicability. Except as specifically identified, the provisions of this Section shall apply to eligible businesses proposing new outdoor space areas and to existing private outdoor use areas that are expanded or enlarged by more than 10% in outdoor space, in accordance with the requirements of this Section.

Santa Monica Pier. An eligible business on the Santa Monica Pier shall be subject to the requirements of this Section, except such business shall be exempt from the following requirements:

Maximum size;

Location;

Hours of operation;

Conversion of parking spaces.

Procedure. An outdoor space permit shall be subject to a Zoning Conformance Review, pursuant to the procedures of Chapter 9.38, Zoning Conformance Review and Permit, or subject to application review using a form designated by the Director to ensure consistency with all of the standards of this Section unless such review has been conducted in conjunction with discretionary review of the associated commercial use. Any improvements associated with the outdoor space shall be subject to Building and Safety and the Fire Department review and shall be subject to administrative Architectural Design Review in accordance with Santa Monica Municipal Code Chapter 9.55.

Permitted Uses. The outdoor space shall be conducted as an accessory use to a legally established commercial use permitted or conditionally permitted within a nonresidential district or the Oceanfront District. Except for those uses specifically prohibited under this Section, permitted uses within the outdoor space shall be regulated by the underlying zoning district.

Expansion of Legal Nonconforming Uses. Notwithstanding anything to the contrary in Section 9.27.050, Legal Nonconforming Uses, any proposed outdoor space by an eligible business considered a legal nonconforming use shall not be considered an expansion in area and may be authorized in accordance with this Section.

Prohibited Uses. The following uses are prohibited and not considered eligible businesses:

Automobile/vehicle sales and service, minor or major;

Animal care, sales, and services;

Liquor stores.

Accessory Use. Outdoor space shall be conducted as an accessory use to an eligible business that is located on the same parcel or a contiguous adjacent parcel.

Service and Sale of Alcoholic Beverages. Alcoholic beverages may be sold and served in outdoor spaces by restaurants that: (1) have obtained and are operating under a license to sell alcoholic beverages from Alcoholic Beverage Control (ABC); and (2) have obtained and are operating under a Conditional Use Permit or Alcohol Exemption issued by the City, or are operating as an existing alcohol outlet without a Conditional Use Permit pursuant to Section 9.31.040 of the Santa Monica Municipal Code. Sales shall be conducted in accordance with all requirements and conditions set forth in such licenses and permits, including those required by the ABC. Permitted outdoor spaces used by restaurants are for sit-down food and beverage service only; no stand-up service is permitted.

Hours of Operation. Hours of operation of the permitted space shall not exceed the hours of operation of the associated eligible business, subject to limitations on alcohol sales set forth in all applicable permits, licenses, and regulations. If no applicable permit, license or regulation states hours for operation of the outdoor space, the following times shall apply:

All eating and drinking establishments: hours of operation shall be limited to 8:00 a.m. to 11:00 p.m.

Personal services, physical training: hours of operation shall be limited to 7:00 a.m. to 7:00 p.m.

Exemptions: Floor Area, Floor Area Ratio (FAR), and Parking Requirements. Outdoor space shall be excluded from the following:

Floor area and floor area ratio (FAR) calculations.

Minimum parking requirements.

Size. Outdoor spaces shall have no size limit for each eligible business provided that the outdoor space complies with Building Code, Fire Code, and objective transportation standards established by the Mobility Division.

Location. Outdoor spaces shall be located on the same parcel or on a contiguous adjacent parcel under common ownership, and limited to the following locations:

Surface parking lots and common open areas on the subject property, including, but not limited to, courtyards and roof areas.

If located on a parcel adjacent to a residential use, the outdoor space shall be set back a minimum of 15 feet from the property line abutting the adjacent residential use.

Outdoor spaces may be located on existing surface parking lots supporting on-site commercial uses with residential zoning, provided: (a) the surface parking lot serves the subject commercial property under common ownership; and (b) the proposed outdoor space is ancillary to an eligible business.

A single contiguous outdoor space is allowed for each eligible business when located within a parking lot.

Conversion of Existing Parking Areas. Any permitted outdoor space by conversion of existing parking spaces or areas shall comply with the requirements or conditions set forth in the administrative regulations issued under this Section, including the following:

No required accessible parking spaces (ADA parking spaces) or related access aisle or path of travel shall be converted or removed. Vehicular access to all required ADA parking spaces shall be maintained.

Except as provided in subsection (N)(1), there shall be no limit to the number of existing parking spaces that can be converted pursuant to this Section provided that the outdoor space complies with Building Code, Fire Code, and objective transportation standards established by the City's Mobility Division.

Design Standards. The design of any outdoor space improvements, including, but not limited to, barriers, railings, shade structures, furnishings, lighting fixtures, and signage shall comply with the requirements or conditions set forth in the administrative regulations issued under this Section.

Accessibility. Outdoor space shall comply with accessibility requirements or conditions set forth in the administrative regulations issued under this Section.

Structures and Decks. Construction of any structures or decks shall comply with requirements or conditions set forth in the administrative regulations issued under this Section.

Temporary Tents and Canopies. Temporary tents, canopies, or similar enclosures shall not be utilized as permanent shelter in conjunction with outdoor spaces. Temporary use of tents or canopies may be permitted subject to required permits issued by the Fire Department only on a temporary seasonal basis and shall comply with the requirements or conditions set forth in the administrative regulations issued under this Section.

Propane and Electric Heaters. Propane or electric heaters may be permitted in support of outdoor spaces, subject to Fire Department permit requirements as set forth in the administrative regulations issued under this Section.

Signage. Notwithstanding anything to the contrary in Chapter 9.61 of the Santa Monica Municipal Code, an eligible business may place a single non-permanent, non-electric sign no taller than 42 inches and no larger than 10 square feet in size on any outside barrier of the outdoor space. The sign can only contain the eligible business name and a menu. Outdoor spaces may not contain any advertising, marketing, or promotional signage or materials.

Noise. All forms of speaker amplification, televisions or similar screen projectors are prohibited. Outdoor space operations shall comply with Chapter 4.12, Noise.

Administrative Regulations.

The Director may adopt administrative regulations to implement the provisions of this Section, including, but not limited to, design and accessibility specification standards for outdoor spaces, application procedures, and other permit conditions and requirements.

A permittee shall comply with any other permit requirements or conditions set forth in the administrative regulations issued under this Section.

Outdoor Space Permit Renewals. An eligible business issued a Temporary Use of Private Outdoor Space Permit by the City pursuant to emergency orders (Eighteenth Supplemental Order) and subsequent Emergency Interim Zoning Ordinances between May 29, 2020 and the adoption of this Section 9.31.199 shall be required to renew their existing permit prior to March 31, 2024 in accordance with Section 9.31.199(D) to retain their permitted outdoor space. Any applications subsequent to this date shall be subject to all requirements of this Section.

(Added by Ord. No. 2741CCS § 6, adopted April 11, 2023)

§ 9.31.200 Outdoor Dining and Seating on Sidewalks.

Outdoor dining and seating on sidewalks shall be designed, located, and operated consistent with the following standards:

Purpose. The purpose of this Section is to permit outdoor dining and seating that enhances the pedestrian ambiance of the City while not adversely impacting adjacent properties or surrounding neighborhoods consistent with the goals, objectives, and policies of the General Plan.

Applicability. The provisions of this Section shall apply to all new outdoor dining and seating areas on public rights-of-way, such as sidewalks, and to all existing outdoor dining and seating areas that are expanded.

Procedure. The establishment of an outdoor dining and seating area requires Zoning Conformance Review, pursuant to the procedures of Chapter 9.38, Zoning Conformance Review, to ensure consistency with all of the standards of this Section unless such review has been conducted in conjunction with discretionary review of the associated commercial use and issuance of a Sidewalk Dining Permit.

Accessory Use. Permanent outdoor dining and seating shall be conducted as an accessory use to a legally established eating and drinking establishment located on the public right-of-way immediately adjacent to the tenant space.

License Agreement. A license agreement for outdoor dining and seating on the public right-of-way shall be approved in a form required by the City.

Barriers. If barriers are provided, they shall be in the manner required by the City.

Enclosure. Awnings or umbrellas may be used in conjunction with a sidewalk café, but there shall be no permanent enclosure around the dining and seating area. Awnings shall be adequately secured, without attachment to the public right-of-way, and shall comply with the Building Code adopted by the City and any applicable design guidelines.

Fixtures. The furnishings of the interior of the outdoor dining and seating area shall consist only of movable tables, chairs, umbrellas, planters, and other portable fixtures deemed appropriate by City staff. Lighting fixtures may be permanently affixed onto the exterior front of the principal building with property permits.

Compliance with Design Guidelines. Outdoor dining and seating shall comply with all applicable adopted design standards and guidelines, including, but not limited to:

The Citywide Sidewalk Dining Guidelines;

The Sidewalk Dining Standards for the Third Street Promenade; and

The Sidewalk Dining Standards for Ocean Avenue.

The Planning Director or designee may promulgate guidelines, which may include, but are not limited to, eligible uses and sites, outdoor dining configuration, design standards, and operational standards to implement the provisions of this Chapter. No person shall fail to comply with any such regulation.

Refuse Storage Area. No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on, adjacent to, or separate from, the sidewalk café on the public sidewalk or public right-of-way. Sidewalk dining and seating areas shall remain clear of litter at all times.

Hours of Operation. The hours of operation of the outdoor dining and seating shall be limited to the hours of operation of the associated restaurant, other eating and drinking establishment, or commercial use.

Parking. Parking shall not be required for outdoor dining and seating on sidewalks permitted pursuant to this Section.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2551CCS § 3, adopted August 8, 2017; Ord. No. 2741CCS § 7, adopted April 11, 2023)

§ 9.31.210 Outdoor Newsstands.

Outdoor newsstands shall be designed, located, and operated consistent with the following standards:

Purpose. The purpose of this Section is to ensure that outdoor newsstands shall not adversely impact surrounding uses and shall be developed in a manner that enhances and protects the integrity of the Districts in which they are located.

Maximum Size. No outdoor newsstand shall exceed 2 feet in depth, 50 feet in length, 8 feet in height, or 149 square feet in total floor area.

Minimum Distance from Other Outdoor Newsstands. No outdoor newsstand shall be located closer than 500 feet to the nearest other outdoor newsstand.

Maintenance and Design. Outdoor newsstands shall be maintained at all times in a clean, neat and attractive condition and in good repair, shall be constructed of a permanent material to the satisfaction of the Building and Safety Division, and shall be of a design approved by the Architectural Review Board.

Advertising. No outdoor newsstand shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of newspapers or periodicals, as approved by the Architectural Review Board and as governed by Chapter 9.61, Signs, of this Ordinance.

Placement. No outdoor newsstand shall be placed within 3 feet of any display window of any building abutting the street or in such manner as to impede or interfere with the reasonable use of such window for display purposes, unless such a window is on the indoor portion of a newsstand facility.

Use. No outdoor newsstand shall be utilized for the sale, nor for the display for sale, of any article or item other than newspapers, magazines, periodicals and other similar newsprint publications.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.31.220 Outdoor Retail Display and Sales.

Outdoor retail sales shall be located, developed, and operated in compliance with the standards of this Section.

Temporary Outdoor Display and Sales. The temporary outdoor display and sale of merchandise shall comply with Section 9.31.370, Temporary Uses and Seasonal Sales, and Chapter 9.44, Temporary Use Permits. An encroachment permit is required for any temporary outdoor display and sales within the public right-of-way; reasonable conditions of approval of such permits may be imposed to ensure unobstructed pedestrian movement in a minimum clear zone and to maintain clean sidewalks.

Ongoing Outdoor Display and Sales. The ongoing outdoor display of merchandise shall comply with the following standards.

Permitted Locations and Uses.

Outdoor display of merchandise is permitted on private property in association with the following uses on the same site, in any district where the use is permitted. Screening and landscaping may be required according to the standards of the District in which the use is located or other Sections of this Ordinance.

Display of vehicles associated with Automobile/Vehicle Sales and Leasing, subject to the standards of Section 9.31.070, Automobile/Vehicle Sales and Leasing and Storage.

ii.

Display of plant stock and nursery products associated with Plant Nurseries and Garden Centers.

iii.

Display of building materials associated with Building Materials Sales and Services.

iv.

Display of bicycles associated with establishments devoted solely to Bicycle Sales and Service.

Outdoor display and sale of merchandise is permitted on private property in the NC, MUBL, MUB, and GC Districts associated with a permitted Retail Sales use. Such display must be located entirely within the covered or uncovered vestibule, arcade or colonnade area of a retail establishment.

In the Oceanfront District, outdoor display of merchandise is permitted on private property adjacent to either Oceanfront Walk or the streets between The Promenade and Appian Way. Outdoor display shall be accessory and incidental to permitted retail sales establishments. Displayed merchandise may consist of any goods that are sold or rented in the associated retail establishments.

Standards. The following standards apply to subsections (B)(1)(b) and (c) of this Section:

Design and Location.

Outdoor display areas shall be located entirely on private property outside any required setback, fire lane, or fire access way. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation and does not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas. These displays shall not obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

ii.

In the Oceanfront District, the merchandise in the outdoor display and sales area including but not limited to the display racks, tables, and stands, shall not exceed a height of 6 feet.

iii.

In the NC, MUB, MUBL, and GC Districts, three outdoor displays of merchandise, only one of which can be a garment rack, entirely within the covered or uncovered vestibule, arcade, or colonnade area of a retail establishment is allowed. Such display may not exceed 60 inches in height, 60 inches in width, and 36 inches in depth.

iv.

The design of all improvements, sales racks, and furniture shall be of a quality to sustain weather and wear, and shall be of commercial-grade materials.

Operation.

Hours of outdoor display and sales shall be limited to the hours of operation of the associated commercial establishment.

ii.

All merchandise or services displayed outdoors shall be of the same types ordinarily sold indoors at the associated business. All sale transactions shall be conducted indoors.

iii.

Outdoor display and sales areas are exempt from the parking requirements of Chapter 9.28, Parking, Loading, and Circulation but are prohibited in parking lots/areas.

iv.

All display and sale merchandise, furniture and fixtures and other portable appurtenances shall be removed from outdoors at the end of each business day. No outside storage shall be permitted.

Maintenance.

The business or property owner shall maintain the outdoor display and sales area and the adjoining street, curb, gutter and sidewalk in a neat, clean and orderly condition at all times, regardless of the source of the refuse and litter.

ii.

Activities involving the outdoor display and sales area shall be conducted in a manner that does not interfere with pedestrians, parking, or traffic. Displays must not block California Building Code required areas for tenant space/building ingress/egress.

iii.

If necessary, the business or property owner shall clean the surface of the sidewalk by washing or buffing to remove any stains, marks, or discoloration and in accordance with prevailing storm water and water quality regulations.

iv.

Furniture, fixtures, and appurtenances shall be kept clean and in good condition.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2520CCS § 11, adopted June 14, 2016)

§ 9.31.230 Personal Service.

The following Personal Services shall be located, developed, and operated in compliance with the following standards:

Hours of Operation. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. unless otherwise specified.

Massage Establishments. Massage establishments, including massage establishments conducted as Accessory Uses, are subject to the requirements listed above, Municipal Code Chapter 6.104, Massage Regulations, and the following standards.

Permits Required. A Minor Use Permit pursuant to Chapter 9.41, Minor Use Permits & Conditional Use Permits, and a Massage Service Permit pursuant to Chapter 6.104 of the Municipal Code are required.

Location. No such business shall be established or located within 500 feet from any other Massage Establishment.

Facility Requirements. Every massage establishment shall maintain facilities meeting the following requirements:

Minimum lighting shall be provided in accordance with the National Electrical Code, and, in addition, at least one artificial light of not less than forty watts shall be provided in each room or enclosure where massage services are performed on patrons.

Minimum ventilation shall be provided in accordance with the Uniform Building Code.

Hot and cold running water shall be provided at all times.

Closed cabinets shall be provided for storage of clean linens.

Adequate dressing, locker, and toilet facilities shall be provided for patrons.

A minimum of one wash basin for employees shall be provided at all times. The basin shall be located within or as closed as practicable to the area devoted to performing of massage services. Sanitary towels shall also be provided at each basin.

Accessory Uses. A massage establishment which functions as an accessory use shall also comply with all requirements for the primary use.

Tattoo or Body Modification Parlor.

Purpose and Intent. It is the purpose and intent of this Section to regulate the operation of facilities that perform tattooing and body modification to provide for the health, safety and welfare of the public and ensure compliance with California Health and Safety Code Section 119300 et seq.

Registration Required. Any person who is engaged in the business of tattooing or body modification shall provide evidence of registration with the Los Angeles County Department of Health and City code.

No Persons Under 18. A sign shall be posted on the door or in view of the entrance stating that no person under the age of 18 is allowed on site, unless accompanied by their parent or legal guardian.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.31.240 Personal Storage.

The purpose of this Section is to ensure that Personal Storage establishments do not generate adverse impacts on adjacent properties by reason of parking demand, traffic generation, fire, or safety hazard, visual blight, or use indirectly supportive of illegal or criminal activity. Personal Storage uses shall be located, developed, and operated in compliance with the following standards.

Applicability. The provisions of this Section shall apply to all new Personal Storage uses and to all existing facilities at such time as the storage area of the existing business is expanded.

Business Activity. The use of Personal Storage facilities by customers shall be limited to inactive storage only. No retail, repair, or other business activity shall be conducted out of the individual rental storage units. No activities other than rental of storage units and pick-up and deposit of storage shall be allowed on the premises. Examples of activities prohibited in said facilities include, but are not limited to the following:

Auctions, commercial wholesale or retail sales, or miscellaneous garage sales. An exception is made for auctions required by law to comply with lien sale requirements. During the course of said lien sales, customer vehicles shall not be allowed to obstruct travelways within the Personal Storage facility.

The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.

The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.

The establishment of a transfer and storage business.

Enclosure. Outdoor storage is prohibited. No boats, trailers, and/or other vehicles shall be parked or otherwise stored outside the storage units except in areas approved for such storage.

Hazardous Materials. No caustic, hazardous, toxic or flammable or explosive matter, material, liquid, or object, nor any matter, material, liquid or object that creates obnoxious or offensive dust, odor or fumes shall be stored in a Personal Storage unit.

Utilities. Water, gas or telephone service to any rental space is prohibited.

Habitation. Human habitation of any rental space is prohibited.

Notice to Tenants. As part of the rental process, the facility manager shall inform all tenants of conditions restricting storage of hazardous materials and limitation on the use of the storage units. These restrictions shall be included in rental contracts and posted in a conspicuous location within the front of each rental unit.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.31.250 Private Tennis Courts.

A private tennis court may be developed in Residential Designations subject to the following requirements:

Fences and Walls. A private tennis court shall conform to all property development standards of the residential district in which it is located except that fences and walls surrounding a court may extend up to a maximum height of 12 feet if the required front and side yard setbacks are complied with. There shall be an opaque screen on all sides located adjacent to public rights-of-way and residentially zoned parcels.

Minimum Parcel Lot Size. The minimum parcel lot size on which a private tennis court may be located shall be 10,000 square feet.

Number of Courts. There shall be no more than one tennis court for each residential parcel.

Use of Courts. A private tennis court shall not be used for commercial purposes and shall be used only by the occupants of property and their invited guests.

Landscaping. Adequate landscaping to reduce the impact of the private tennis court or a high fence shall be installed and maintained pursuant to the standards of Chapter 9.26, Landscaping.

Lighting. Lights shall not be used after 9:00 p.m. Monday through Friday, and not after 10:00 p.m. Saturday and Sunday. Lighting shall not exceed 0.5 foot candles at the property line and be in conformance with Section 9.21.080, Lighting.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.31.260 Recycling Facilities.

New recycling facilities or existing recycling facilities expanding more than 50% shall be located, developed, and operated in compliance with the following standards:

Recycling Collection Facilities.

Size. Recycling collection facilities shall not exceed a footprint of 350 square feet or occupy more than 3 parking spaces (not including space periodically needed for the removal or exchange of materials or containers).

Equipment. No power-driven processing equipment, except for reverse vending machines, may be used.

Location. Facilities shall not be located within 50 feet of a Residential District.

Setback. Facilities shall be set back at least 10 feet from any street parcel line and not obstruct pedestrian or vehicular circulation.

Containers. Containers shall be constructed of durable waterproof and rustproof material(s) and secured from unauthorized removal of material. Containers shall be of a capacity sufficient to accommodate materials collected in the collection schedule.

Identification. Containers shall be clearly marked to identify the type of accepted material, the name and telephone number of the facility operator and the hours of operation.

Parking. Patrons and the attendant shall not reduce available parking spaces below the minimum number required for the main use unless a parking study shows available capacity during recycling facility operation.

Site Maintenance. Sites shall be maintained clean, sanitary, and free of litter and any other undesirable materials.

Reverse Vending Machines.

Accessory Use. Reverse vending machines may be installed as an accessory use to a permitted or conditionally permitted primary use on the same site.

Location. Machines shall be located adjacent to the entrance of the commercial host use and shall not obstruct pedestrian or vehicular circulation.

Identification. Machines shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.

Lighting. Machines shall be illuminated to ensure comfortable and safe operation between dawn and dusk.

Trash Receptacle. Machines shall provide a 40 gallon garbage can for nonrecyclable materials located adjacent to the reverse vending machine.

Recycling Processing Facility.

Location. New facilities shall not abut a Residential District.

Screening. The facility must be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure.

Outdoor Storage. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage shall not be visible above the height of the required solid masonry walls.

Identification. Facilities shall be clearly marked with the name and phone number of the facility operator and hours of operation.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.31.270 Residential Care Facilities.

Applicability. The standards of this Section apply to the following types of Residential Facilities for more than 6 persons, including General Residential Care, General Hospice, and Senior Residential Care facilities for more than 6 persons. Residential Facilities for 6 or fewer residents shall be treated as a residential use and subject only to the same requirements as any permitted residential use of the same housing type in the District in which they are located.

Location. Minimum distance from any other Residential Facility shall be 300 feet as specified by State Health and Safety Code Section 1267.9 (b).

Usable Open Space. At least 20 square feet of usable open space shall be provided for each person who resides in the facility.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.31.280 Restaurants, Limited-Service and Take-Out Only.

The purpose of this Section is to ensure that Limited-Service and Take-Out Restaurants do not result in adverse impacts on adjacent properties and residents or on surrounding neighborhoods by reason of customer and employee parking demand, traffic generation, noise, light, litter, or cumulative impact of such demands in one area. Limited-Service and Take-Out Restaurants shall be located, developed, and operated consistent with the following standards.

Applicability. The provisions of this Section shall apply to all new Limited-Service and Take-Out Only Restaurants, to any existing such restaurant that is expanded by more than 10 percent of the gross floor area or increase of more than 25 percent of the number of seats.

Hours of Operation. When located on a site adjacent to or separated by an alley from any residential district, a Limited-Service or Take-Out Only Restaurant shall not open to the public prior to 6:00 a.m. nor shall it remain open after 10:00 p.m. unless an MUP is obtained. Restaurants in any Downtown District whose entire operation, including parking, is conducted within an enclosed building may be operated 24 hours per day, seven days per week unless the restaurant is located on a site adjacent to a residential district, in which case the restaurant shall not open to the public prior to 6:00 a.m. nor shall it remain open after 10:00 p.m. unless an MUP is obtained.

Litter. Employees shall collect on-site and off-site litter including food wrappers, containers, and packaging from restaurant products generated by customers within a radius of 300 hundred feet of the property at least once per business day. On-site trash and recycling containers shall be maintained and kept from overflowing.

Trash Receptacles. In addition to meeting the standards of Section 9.21.130, Resource Recovery and Recycling Standards, one on-site outdoor trash and one recycling receptacle shall be provided for each entrance to the establishment.

Equipment. No noise-generating compressors or other such equipment shall be placed on or near the property line adjoining any Residential District or any property used for residential uses.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.31.290 Restaurants with Entertainment.

Except as provided in subsection B, below, restaurants may provide entertainment, including, but not limited to, music, DJs, song, dance, stand-up comedy, and poetry readings for the patrons' enjoyment if they meet the following standards.

There is sit down meal service provided at all times while the entertainment is taking place.

There is no permanent or temporary dance floor or dance area for patrons.

There is no cover charge or minimum drink purchase requirement.

The entertainment is provided only in the dining areas.

No more than 3 television screens including video projectors or similar audio/visual devices shall be utilized on the premises. None of these televisions or projection surfaces shall exceed 60 inches measured diagonally. No billiard/pool tables, video games, bowling, darts, and other similar entertainment activities may be provided.

Liquor bottle service shall be prohibited. Wine and beer bottle service shall not be available to patrons unless full meal service is provided concurrent with the bottle service. All food items shall be available from the full service menu. Bottle service shall mean the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer.

The establishment shall not organize or participate in organized "pub-crawl" events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant.

Establishments with amplified music shall comply with Section 4.12.140.

Third Street Promenade Area and Santa Monica Place. Notwithstanding the provisions of subsection A, restaurants located in the Third Street Promenade Area and the area bounded by 2nd Street to the west, Broadway to the north, 4th Street to the east, and Colorado to the south, may provide entertainment including but not limited to music, DJs, song, dance, stand-up comedy, and poetry readings for the patrons' enjoyment if they meet the following standards.

There is sit down meal service provided at all times while the entertainment is taking place.

The entertainment is provided indoors only within the dining areas.

Dancing shall be ancillary to the primary restaurant use and temporary dance areas may be provided within portion(s) of the dining area provided that seating for sit down meal service is available for patrons at all times while dancing is taking place.

There is no cover charge or minimum drink purchase requirement.

Establishment shall comply with SMMC Chapter 4.12 Noise, except that Section 4.21.140 Nightclubs, Bars and Establishments with Amplified Music, shall not apply.

A restaurant with entertainment beyond the scope of the limitations set forth in subsection A or B above, as applicable, shall also be considered a bar/nightclub/lounge as defined in Chapter 9.51, and such entertainment use shall be prohibited unless a separate Conditional Use Permit for that use has been obtained.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Ord. No. 2754CCS, adopted August 22, 2023; Ord. No. 2761CCS, adopted October 10, 2023)

§ 9.31.310 Senior Group Residential.

The purpose of this Section is to ensure that Senior Group Residential developments do not adversely impact adjacent parcels or the surrounding neighborhood and are developed in a manner that protects the health, safety, and general welfare of nearby residents, while providing for the housing needs of an important segment of the community. Senior Group Residential uses shall be located, developed, and operated in compliance with the following standards.

Maximum Number of Private Living Quarters. If the building contains a common kitchen, dining and living space, adequate to serve all residents, the total number of private living quarters may exceed the maximum density that is otherwise is permitted by standards applicable to residential development in the Zoning District where the project is located.

Kitchen Facilities. Private living quarters may have one-wall efficiency kitchen facilities, excluding an oven and dishwasher.

Laundry Facilities. The development shall provide laundry facilities or services adequate to meet the needs of all residents.

Common Facilities. In addition to the required central cooking facility, dining room, and living space, the development may provide facilities such as the following for the exclusive use of the senior citizen residents:

Beauty salon and barber shop;

Small pharmacy;

Recreation room; and

Library.

Security. Parking garages, surface parking, and private and common areas located outside the building shall be designed to protect the security of residents, guests and employees by controlling access to the facilities by other persons. Adequate external lighting shall be provided for security purposes and shall meet the requirements of Section 9.21.080.

Minimum Age. Residential occupancy shall be limited as provided in Health and Safety Code Section 1569.2(k).

Minimum Private Living Quarters Size. Private living quarters constructed after the effective date of this Ordinance shall include at least 410 square feet of floor area.

Outdoor Living Area. Any project containing 4 or more private living quarters shall provide the following minimum open space: 100 square feet per living quarter for projects with 4 or 5 private living quarters, and 50 square feet per living quarter for projects of 6 private living quarters or more. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.31.320 Service Stations.

The purpose of this Section is to ensure that Service Stations do not result in adverse impacts on adjacent land uses, especially residential uses. While Service Stations are needed by residents, visitors and employees in the City, the traffic, glare and patterns of use associated with Service Stations, particularly those open 24 hours per day, may be incompatible with nearby uses, specifically with residential uses. Convenience Markets in Service Stations may cause greater impacts because they are more likely to serve people passing through the City from other communities than nearby residents and they tend to attract a higher incidence of crime. The regulations of this Section are intended to protect the health, safety and general welfare of the City and its residents consistent with the goals, objectives and policies of the General Plan. Service Stations shall be located, developed, and operated in compliance with the following standards.

Applicability. Except as specifically identified, the provisions of this Section apply to all new Service Stations and to all existing Service Stations at such time as existing stations come before the City for an expansion of 10 percent or greater in floor area, the reconfiguration of existing pumps, addition of new pumps, or new canopy structures.

Minimum Parcel Size. The minimum parcel size for development of a Service Station is 15,000 square feet.

Minimum Street Frontage. Each parcel shall have a minimum street frontage of 100 feet on each abutting street.

Setbacks. No building or structure shall be located within 30 feet of any public right-of-way or within 20 feet of any interior parcel line.

Gasoline Pumps. Gasoline pumps shall be located at least 15 feet from any property line and a minimum of 20 feet from any public right-of-way.

Canopies. Canopies shall be located at least 5 feet from any property line.

Screening. Service Stations shall be separated from an adjacent property by a decorative masonry wall of not less than 6 feet in height. Materials, textures, colors and design of all walls shall be compatible with the design of the Service Station design and adjacent properties. Required screening walls shall comply with Section 9.21.180, Hazardous Visual Obstructions.

Paving. The site shall be entirely paved, except for buildings and landscaping.

Landscaping. The Service Station site shall be landscaped consistent with Chapter 9.26, Landscaping, and the following standards:

A minimum of 15 percent of the site shall be landscaped. A planting strip at least 3 feet wide shall be provided along all interior parcel lines, non-driveway street frontages, and adjacent to buildings. Planters shall be surrounded by masonry or concrete curbs and so arranged as to preclude motor vehicles from driving across the sidewalk at locations other than access driveways. Permanent opaque landscaping or berms shall be provided and maintained in the planters at a height of not less than 3 feet above the average adjacent grade.

A landscaped planter at least 150 square feet in area shall be provided at the intersection of 2 property lines at a street corner.

All existing street trees shall be preserved or replaced where missing, as required by the City, and driveways and vehicle approaches shall be designed so as not to necessitate the removal of any existing street trees.

Driveways. For new Service Stations, no more than one driveway with a maximum width of 35 feet shall be permitted on any one street frontage and shall be located as follows: driveways shall not be located closer than 50 feet from a street intersection, 15 feet from a residential property line or alley, nor as to otherwise interfere with the movement and safety of vehicular and pedestrian traffic, subject to the approval of the Director.

Lubrication Bays and Wash Racks. All lubrication bays and wash racks shall be located within a fully enclosed building. Access to the service bays and wash racks shall not be located within 50 feet of a residentially zoned property.

Parking. Parking shall be provided according to the standards of Chapter 9.28, Parking, Loading, and Circulation, and the following:

Customer and employee parking shall not be utilized for automobile repair, finishing work or storage of vehicles.

Vehicles in the process of being serviced may be parked on the premises for a maximum period of 2 weeks, but additional parking spaces shall be provided for this purpose.

No vehicle that will be or has been serviced may be parked on public streets, sidewalks, parkways, driveways or alleys.

No vehicle may be parked on the premises for the purpose of offering it for sale.

Air and Water. Each Service Station shall provide air and water to customers without charge and at a convenient location during hours when gasoline is dispensed.

Restrooms. Each Service Station shall provide a men's and women's public restroom accessible to the general public including persons with disabilities during all hours the Service Station is open to the public. Restrooms shall be attached to a structure on site with entrances or signage clearly visible from the gasoline service area or cashier station and concealed from view of adjacent properties by planters of decorative screening and shall be maintained on a regular basis.

Vending Machines. Coin-operated vending machines may be permitted within or abutting a structure for the purpose of dispensing items commonly found in Service Stations, such as refreshments and maps.

Convenience Markets. Convenience Markets may be permitted on the site of a Service Station subject to the following development standards:

The Convenience Market shall be designed with materials compatible with the Service Station and surrounding properties.

Arcade or game machines or other coin-operated electronic machines are prohibited.

Unless otherwise provided by the decision-making body, if the Service Station is within one hundred feet of a residential district, Convenience Market operation shall be prohibited between the hours of 10 p.m. and 6 a.m.

Location of Activities. All repair and service activities and operations shall be conducted entirely within an enclosed service building, except as follows:

The dispensing of petroleum products, water, and air from pump islands;

Replacement service activities such as wiper blades, fuses, radiator caps, and lamps;

Minor repair work taking less than one hour to perform;

The sale of items from vending machines placed next to the principal building in a designated area not to exceed 32 square feet and screened from public view;

The display of merchandise offered for customer convenience on each pump island, provided that the aggregate display area on each island shall not exceed 12 square feet and that the products shall be enclosed in a specially designed case; and

Motor vehicle products displayed along the front of the building and within 36 inches of the building, limited to 5 feet in height and not more than 10 feet in length.

Refuse Storage and Disposal. Trash areas shall be provided and screened as required by Section 9.21.130, Resource Recovery and Recycling Standards, and according to the following:

All trash shall be deposited in the trash area and the gates leading thereto shall be maintained in working order and shall remain closed except when in use.

Refuse bins shall be provided and placed in a location convenient for customers.

Trash areas shall not be used for storage. The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable repair and appearance. No used or discarded automotive parts or equipment, or permanently disabled, junked or wrecked vehicles may be stored outside the main building.

Equipment Rental. Rental of equipment such as trailers and trucks as an accessory use shall be permitted subject to the following restrictions:

The rental equipment does not occupy or interfere with the required parking for the automobile Service Station;

The rental of the equipment is clearly incidental and secondary to the main activity on the site; and

The merchandise is screened from view on at least 3 sides by a solid opaque impact-resistant wall not less than 3 feet and not more than 8 feet in height and on the fourth side by a solid opaque impact-resistant gate not less than 5 feet or more than 8 feet in height.

Security Plan. A security plan shall be developed by the applicant and approved by the City Chief of Police prior to issuance of a building permit.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.31.330 Single Room Occupancy Structures.

Single Room Occupancy (SRO) structures shall be located, developed, and operated in compliance with the following standards, except that Single Room Occupancy Housing, Market Rate, as set forth in Section 9.51.020(A)(1)(d)(iii), is prohibited in all Zoning Districts:

Maximum Occupancy. Each SRO unit shall be designed to accommodate a maximum of 2 persons.

Minimum Size. An SRO unit must have at least 150 square feet of floor area, excluding closet and bathroom. No individual unit may exceed 375 square feet.

Minimum Width. An SRO of one room shall not be less than 12 feet in width.

Entrances. All SRO units must be independently accessible from a single main entry, excluding emergency and other service support exits.

Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor.

Closet. Each SRO unit shall have a separate closet.

Common Area. 4 square feet per living unit shall be provided, excluding janitorial storage, laundry facilities and common hallways. At least 200 square feet in area of interior common space provided as a ground floor entry area that provides a central focus for tenant social interaction and meetings.

Tenancy. Tenancy of SRO units shall be for 30 or more days.

Facility Management. An SRO structure with 10 or more units shall provide full-time on-site management. An SRO structure with fewer than 10 units shall provide a management office on-site.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2610CCS § 2, adopted May 28, 2019)

§ 9.31.340 Small-Scale Facility (Commercial Entertainment and Recreation), Game Arcades.

The noise and loitering commonly associated with game arcades tend to decrease compatibility with adjacent and surrounding uses. In order to mitigate the impacts of this use on other land uses, specific location limitations, development standards, and provisions shall be imposed on arcades and video machines. The following performance standards shall apply to game arcades.

Applicability. Arcades shall be permitted only in the OF District with approval of a Minor Use Permit and only in the following 2 locations: on the Santa Monica Pier and fronting on the Promenade. A Minor Use Permit shall also be required for existing arcades at such a time as those arcades apply for City permits for expansion or remodeling or any other development requiring a permit from the City or within one year of the date of adoption of this Ordinance.

Number of Machines. Four or fewer arcade or game machines shall be permitted in any commercial business. More than four arcade or game machines for any commercial business constitutes an arcade which shall be subject to the standards and provisions in this Section.

Noise Attenuation Requirements.

Any arcade building or tenant space shall be constructed to achieve a minimum sound transmission class (STC) sound rating of 50 between the arcade and any adjacent use that shares a common wall or floor-ceiling assembly.

All arcades shall comply with the City's noise ordinance, Chapter 4.12.

Maximum Number of Machines. The number of arcade or game machines shall not exceed one machine per each 30 square feet of floor area.

Adult Supervision/Surveillance. All arcade and game machines and all areas of the business shall be readily observed at all times by an adult supervisor of the arcade either by direct observation from a raised dais or through a video camera monitoring system approved by the Santa Monica Police Department with cameras positioned so that the supervisor can observe all areas of the arcade simultaneously on a multi-screen monitor. If a video camera monitoring system is utilized, it shall be installed so that the monitoring supervisor is visible from the main arcade area and a sign shall be displayed at all entries to the arcade informing patrons that a video monitoring system is in use. In addition to the required supervision from a raised dais or video camera monitoring system, an adult supervisor shall be present in the main arcade area at all times that the arcade is open. If the number of arcade and game machines exceeds forty, there shall be 2 such adult supervisors present in the main arcade area.

Lighting. The arcade shall be fully and adequately lighted for easy observation of all areas of the premises.

Bicycle Racks. A bicycle storage rack or racks accommodating a minimum of four bicycles shall be maintained adjacent to the arcade building and off the public sidewalk to adequately accommodate bicycles utilized by arcade patrons.

Restrooms. Each arcade shall provide at least one public restroom accessible to the disabled.

Hours of Operation. The hours of operation shall be limited to between 8:00 a.m. and 10:00 p.m., every day of the week, except that game arcades on the Pier existing as of December 14, 1999 may operate Monday through Sunday from 8:00 a.m. to 2:00 a.m.

Smoking and Drinking. No alcoholic beverages or cigarettes shall be sold or consumed on the premises and there shall be no smoking within the arcade. Appropriate notification shall be displayed within the premises.

Litter. The premises shall be continuously maintained in a safe, clean and orderly condition.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.31.350 Social Service Centers.

The purpose of this Section is to ensure that the development of Social Service Centers 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. Social Service Centers shall be located, developed, and operated consistent with the following development standards:

Waiting Areas. Each center shall include indoor waiting and intake areas for clients.

Hours of Operation. Centers may be operated between the hours of 8:00 a.m. and 8:00 p.m.

Security.

Security Plan. The center operator shall submit a security plan for approval to the Director. The plan shall include provisions for security staffing, alarms, and other elements the Director deems necessary to ensure the security of the site.

Alarm System. A centrally monitored alarm system shall be installed and maintained in good working order.

Staffing. On-site supervision must be provided at all times that the center is in operation.

Emergency Contact. The center operator shall provide the Chief of Police with the name, phone number and email address of an on-site community relations staff person to whom one can provide notice if there are operating problems associated with the center. The center 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.

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.

Prohibited Activities. Patrons must immediately leave the site if not awaiting for or receiving services, and no consumption of alcoholic beverages is allowed on the premises. The Operator shall post a sign detailing these requirements.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.31.360 Swap Meets.

Purpose and Applicability. The purpose of this Section is to permit outdoor swap meets, antique markets, and similar multi-vendor open-air ventures while ensuring that they do not result in an adverse impact on adjacent land uses, especially surrounding residential uses. These requirements are not applicable to outdoor sales conducted in conjunction with an existing retail business (See Section 9.31.220, Outdoor Retail Display and Sales).

Location. Outdoor markets may be permitted in Public/Semi-Public Districts subject to approval of a Minor Use Permit and compliance with the requirements of this Section.

Duration of Use. Outdoor markets may only operate once per month for no more than 2 consecutive days.

Food Sales. Food sales may be provided as an ancillary service to the event subject to compliance with all City and County regulations. There shall be no alcohol sales.

Hours of Operation. The hours of operation shall not exceed 8:00 a.m. to 7:00 p.m. each day of the event. Setup shall begin no earlier than 5:00 a.m. and all clean-up shall be concluded no later than 7:00 p.m. However, the actual hours of operation and set-up/clean-up times for the event may be modified to ensure that the use is compatible with the surrounding neighborhood.

Music/Noise. No amplified music or public address system shall be audible beyond the property boundaries. Any use of amplified speakers shall be directed away from nearby residential uses.

Parking. A parking and circulation plan shall be approved by the Transportation Management Division to ensure the surrounding neighborhood is not adversely impacted by vehicular traffic related to the event.

Sanitary Facilities. A minimum of 4 portable sanitary facilities shall be located on-site and remain open for public use throughout the duration of the event.

Security. Private security shall be provided during all hours that the event is open to the public. The number or security personnel required shall be determined based on the anticipated number or participants and customers and the physical layout of the site.

Signage. Signage for the purpose of advertising the event shall be reviewed by the Architectural Review Board pursuant to Chapter 9.55.

Solid Waste and Litter. Dumpsters, trash cans, and recycling bins shall be provided for the proper disposal of litter. There shall be personnel assigned to clean-up litter throughout the duration of the event.

Temporary Structures. Temporary structures shall not be permitted with the exception of portable canopies for the purpose of shading individual vendors and dealers.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.31.370 Temporary Uses and Seasonal Sales.

This Section establishes standards and requirements for certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur. Temporary uses shall require approval of a Temporary Use Permit pursuant to Chapter 9.44 with the following exceptions:

Seasonal sales of holiday-related items such as Christmas trees, pumpkins and similar items that have a duration of not more than 45 consecutive calendar days and are conducted in conjunction with an established retail commercial business holding a valid City business license or conducted by a school or place of worship;

Temporary carnivals, fairs, and festivals with a duration of not more than 3 days when conducted by a school or place of worship on land owned by the school or place of worship;

Art displays under the sponsorship of any recognized art organization or accredited school on any parking lot in any commercial or industrial district provided that the art display is on a Saturday, Sunday, or holiday when the place or places of business, which have control of the parking lot are not open for business on the day the art display is to occur;

Trailers that provide residences for security personnel associated with any approved construction site;

Construction offices where approved construction projects are being diligently completed;

Yard sales limited to 2 per calendar year, for each dwelling unit, for a maximum of 2 days each;

Events which occur in theaters, meeting halls, or other permanent public assembly facilities;

Private social gatherings in private residences.

Temporary Uses Requiring a Temporary Use Permit. Temporary uses may be permitted with the approval of a Temporary Use Permit, pursuant to Chapter 9.44, Temporary Use Permits, subject to compliance with the standards. Additional or more stringent requirements may be established through the Temporary Use Permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the City as a whole.

Stand-Alone Seasonal Sales. Seasonal sales of holiday related items such as Christmas trees, pumpkins, and similar items conducted for a period not to exceed 45 consecutive calendar days.

Temporary Outdoor Sales. Temporary outdoor sales conducted by an established retail commercial business holding a valid City business license, including, but not limited to, grand opening events, sidewalk sales, and other special sales events subject to the following standards:

Temporary outdoor sales shall be conducted by an established retail commercial business holding a valid City business license for the same site.

Outdoor display and sales areas must be located on a paved or concrete area on the same parcel as the structure(s) containing the business with which the temporary sale is associated.

Location of the displayed merchandise must not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

Number of Events. No more than 4 events shall be allowed on any 1 site within any 12-month period, except sidewalk sales located on the public right-of-way shall be limited to 2 events for periods not exceeding 3 consecutive days each within any 12-month period. Business Improvement Districts and Areas shall be exempt from the limitations on number of events.

Special Events. Other short-term special events, outdoor sales, art sales, and displays that do not exceed 3 consecutive days, may be permitted in accordance with the following standards:

Location. Events are limited to nonresidential districts.

Number of Events. No more than 4 events shall be allowed on any 1 site within any 12-month period.

Recreational Special Events. Short-term recreational special events shall be part of an existing Commercial Recreation or Personal Service use located on the same site.

Carnivals, Fairs, and Festival Events. Carnivals, fairs, and festival events are also subject to the following standards:

Location. Events are limited to areas within commercial or employment districts, or on land owned by a school or place of worship.

ii.

Time Limit. When located adjacent to a Residential District, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.

Other Temporary Uses. The following temporary uses may also be permitted subject to the approval of a Temporary Use Permit when conducted for a period not to exceed 180 consecutive calendar days:

Circuses and carnivals subject to compliance with Article 6 of the Municipal Code;

Fairs, festivals, and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities;

Off-site contractors' construction yards;

Similar temporary uses or other temporary uses supportive of economic recovery, which the Director has determined will be compatible with the purposes of the district and surrounding land uses;

The Zoning Administrator may approve a single extension of a Temporary Use Permit under this subsection for an additional 180 days, subject to any additional operational conditions as deemed necessary, and subject to a finding that the operation of the approved temporary use at the location and within the time period specified operated in a manner that did not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare. Any proposed extension exceeding 180 days not meeting the requirements of this subsection be shall be subject to Minor Use Permit approval pursuant to Subsection C below.

Temporary Uses Requiring a Minor Use Permit. Other special events, temporary uses, outdoor sales, and displays not specifically limited under this Section that exceed 180 consecutive calendar days shall require the approval of a Minor Use Permit pursuant to Chapter 9.41, Minor Use Permits and Conditional Use Permits.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2567CCS § 10, adopted December 12, 2017; Ord. No. 2754CCS, adopted August 22, 2023; Ord. No. 2761CCS, adopted October 10, 2023)