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)
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)
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.
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. Permitted ADUs and JADUs. Subject
to the requirements set forth in this Section, the following ADUs
and JADUs shall be permitted as follows:
1. 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.
a.
Attached ADUs. One
attached ADU may be established or constructed in conjunction with
an existing or proposed single-unit dwelling as follows:
i.
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.
b.
Detached ADU. One
detached ADU may be constructed or established in conjunction with
an existing or proposed single-unit dwelling as follows:
i.
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.
c.
JADU. One JADU may
be constructed or established in conjunction with an existing or proposed
single-unit dwelling as follows:
i.
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.
2. 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.
a.
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.
b.
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.
3. 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:
a.
The additional detached ADU is used
as a rental unit subject to a deed restriction in a form approved
by the City Attorney.
b.
The additional detached ADU may be
newly constructed or may be established by converting floor area of
a legal existing detached accessory structure.
c.
Any ADU permitted under this subsection
shall be subject to all provisions set forth in this Section.
H. 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.
1. Parcels with Single-Unit
Dwellings.
a.
An attached ADU or JADU may be located
either in the front or rear half of the parcel.
b.
A detached ADU shall be located on
the rear half of a parcel.
c.
A detached ADU shall be located a
minimum of 6 feet from the existing single-unit dwelling, as measured
between exterior walls.
d.
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.
e.
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.
2. Parcels with Multiple-Unit
Dwellings.
a.
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.
b.
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.
c.
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.
I. 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.
1. Parcel with Single-Unit Dwelling.
a.
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.
b.
Detached ADU.
i.
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.
c.
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.
2. Parcel with Multiple-Unit
Dwelling.
a.
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.
b.
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.
J. Size. The following unit size
limits apply to ADUs and JADUs:
1. The minimum size of an ADU or JADU is 220
square feet of floor area.
2. The maximum size of a detached or attached
studio or one-bedroom ADU is 850 square feet of floor area.
3. The maximum size of a detached or attached
ADU with more than one bedroom is:
a.
1,000 square feet of floor area for
parcels of less than 10,000 square feet; and
b.
1,200 square feet for parcels of
10,000 square feet or greater.
4. Notwithstanding any of the foregoing:
a.
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.
b.
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.
5. The maximum size of a JADU is 500 square
feet of floor area.
K. ADUs and JADUs Exempt from Floor
Area and Parcel Coverage.
1. 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.
2. Parcel Coverage.
a.
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.
b.
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.
L. Setbacks. An ADU or JADU shall
adhere to the following setback requirements:
1. 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.
2. Side and rear setbacks of 4 feet, measured
from parcel line, are required for an ADU or JADU, except that:
a.
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:
i.
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
b.
No side or rear setback shall be
required for an ADU or JADU constructed or established pursuant to
subsection (G)(1)(b)(ii) above.
c.
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.
M. 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.
N. Design Standards and Exterior Features. The exterior design features of an ADU or JADU shall adhere to the
following:
1. ADUs and JADUs are required to have independent
exterior access separate from the primary dwelling unit(s).
2. 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.
3. Upper-story outdoor spaces for attached
ADUs and JADUs shall conform to all standards set forth for the primary
dwelling unit(s).
4. 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.
a.
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;
b.
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);
c.
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;
d.
Roof decks above the second story
are prohibited.
O. 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.
P. 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.
Q. Parking.
1. 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.
2. 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.
R. Owner-Occupancy Requirement.
1. An ADU is not subject to an owner-occupancy
requirement.
2. 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.
S. 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.
T. Limitations on Separate Sale.
1. 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).
2. 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.
U. 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:
1. The JADU may not be sold separately from
the primary dwelling associated with the JADU.
2. The JADU is restricted to the approved
size and to other attributes allowed by this Section.
3. The deed restriction runs with the land
and may be enforced against future property owners.
4. 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.
5. 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)
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.
A. 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.
B. Primary Uses/Allowed Locations. An accessory food service may serve and be located within a primary
permitted nonresidential use.
C. 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.
D. Maximum Number of Seats. The
number of seats for patrons shall not exceed 20.
E. Enclosure. The seating area
shall be defined by fixed barriers such as full or partial walls,
fencing, or planters.
F. Service. Orders for food or
beverages may not be taken from the table but rather must be ordered
at a counter.
G. 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.
H. 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)
A. Purpose.
1. To limit the potential for community problems
such as public drunkenness, drunk driving, traffic accidents, violent
crime, noise, and nuisance from an overabundance or overconcentration
of the availability of alcohol and its consumption. To regulate traditional
alcohol outlets, including bars, restaurants, liquor stores, and supermarkets,
as well as new types of alcohol outlets, to ensure that public health,
safety, and welfare are not threatened.
2. To establish control measures that will
permit the City to review and approve new alcohol outlets on a case-by-case
basis and to condition that approval based on the specific type of
alcohol outlet, neighborhood location, and potential problems involved.
B. Conditional Use Permit Required. No person shall dispense for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits, for on-site or off-site consumption without first obtaining a Conditional Use Permit unless the proposed use has received an Alcohol Exemption Zoning Conformance Permit in accordance with subsection
D or is otherwise determined to be exempt after a Zoning Conformance Review in accordance with subsection
E.
C. Findings for Approval of Conditional
Use Permit. The Planning Commission, or the City Council on appeal, may approve the dispensing, for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits for on-site or off-site consumption only if, in addition to the required findings for Conditional Use Permits contained in Section
9.41.060, Required Findings (for a Conditional Use Permit), all of the following findings can be made in an affirmative manner:
1. The proposed alcohol sales will not adversely
affect the welfare of neighborhood residents in a significant manner;
2. The proposed alcohol sales will not contribute
to an undue concentration of alcohol outlets in the area;
3. The proposed alcohol sales will not detrimentally
affect nearby neighborhoods, considering the distance of the alcohol
outlet to residential buildings, churches, schools, hospitals, playgrounds,
parks, and other existing alcohol outlets; and
4. The sale of alcohol will not increase traffic
congestion or generate a demand for parking that will adversely affect
surrounding businesses and residents.
D. Alcohol Exemption Zoning Conformance
Permit.
1. Citywide Excluding Third
Street Promenade Area, Santa Monica Place, and Santa Monica Pier. Except as provided in 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:
a.
If a counter service area is provided,
food service shall be available at all hours the counter is open for
patrons, and the counter area shall not function as a separate bar
area;
b.
Window or other signage visible from
the public right-of-way that advertises beer or alcohol shall not
be permitted;
c.
Customers shall be permitted to order
meals at all times and at all locations where alcohol is being served.
The establishment shall serve food to patrons during all hours the
establishment is open for customers;
d.
The premises shall maintain a kitchen
or food-serving area in which a variety of food is prepared on the
premises;
e.
Sale of alcoholic beverages for consumption
beyond the premises shall be permitted if authorized by the premises'
California Alcoholic Beverage Control ("ABC") license;
f.
No video or other amusement games
shall be permitted on the premises;
g.
Entertainment may only be permitted in the manner set forth in Section
9.31.290, Restaurants with Entertainment;
h.
The primary use of any outdoor dining
area shall be for seated meal service. Patrons who are standing in
the outdoor seating area shall not be served;
i.
The operation shall at all times
be conducted in a manner not detrimental to surrounding properties
by reason of lights, noise, activities or other actions. The operator
shall control noisy patrons leaving the restaurant;
j.
The permitted hours of alcoholic
beverage service shall be 8:00 a.m. to 12:00 a.m. with complete closure
and all employees vacated from the building by 1:00 a.m. All alcoholic
beverages must be removed from the outdoor dining area no later than
11:00 p.m. Sunday through Thursday. No after-hours operation is permitted;
k.
Liquor bottle service shall be prohibited.
Wine and beer bottle service shall not be available to patrons unless
full meal service is provided concurrent with the bottle service.
For purposes of this paragraph, "bottle service" means the service
of any full bottle of liquor, wine, or beer of more than 375 ml, along
with glass ware, mixers, garnishes, etc., in which patrons are able
to then make their own drinks or pour their own wine or beer. All
food items shall be available from the premises' full service menu;
l.
No organized queuing of patrons at
the entry or checking of identification to control entry into and
within the establishment shall be permitted. There shall not be any
age limitation imposed restricting access to any portion of the restaurant;
m.
The premises shall not organize or
participate in organized "pub-crawl" events where participants or
customers pre-purchase tickets or tokens to be exchanged for alcoholic
beverages at the restaurant;
n.
Establishments with amplified music shall be required to comply with Chapter
4.12, Noise, of the Santa Monica Municipal Code;
o.
Prior to occupancy, a security plan
shall be submitted to the Chief of Police for review and approval.
The plan shall address both physical and operational security issues;
p.
Prior to occupancy, the operator
shall submit a plan for approval by the Director regarding employee
alcohol awareness training programs and policies. The plan shall outline
a mandatory alcohol-awareness training program for all employees having
contact with the public and shall state management's policies addressing
alcohol consumption and inebriation. The program shall require all
employees having contact with the public to complete an ABC-sponsored
alcohol awareness training program within 90 days of the effective
date of the exemption determination. In the case of new employees,
the employee shall attend the alcohol awareness training within 90
days of hiring. In the event the ABC no longer sponsors an alcohol
awareness training program, all employees having contact with the
public shall complete an alternative program approved by the Director.
The operator shall provide the City with an annual report regarding
compliance with this requirement. The operator shall be subject to
any future Citywide alcohol awareness training program affecting similar
establishments;
q.
Within 30 days from the date of approval
of this exemption, the applicant shall provide a copy of the signed
exemption to the local office of the State ABC;
r.
Prior to occupancy, the operator
shall submit a plan describing the establishment's designated driver
program, which shall be offered by the operator to the establishment's
patrons. The plan shall specify how the operator will inform patrons
of the program, such as offering on the menu a free non-alcoholic
drink for every party of 2 or more ordering alcoholic beverages;
s.
Notices shall be prominently displayed
urging patrons to leave the premises and neighborhood in a quiet,
peaceful, and orderly fashion and to please not litter or block driveways
in the neighborhood;
t.
Employees of the establishment shall
walk a 100-foot radius from the facility at some point prior to 30
minutes after closing and shall pick up and dispose of any discarded
beverage containers and other trash left by patrons;
u.
The exemption shall apply to approved
and dated plans, a copy of which shall be maintained in the files
of the City Planning Division. Project development shall be consistent
with such plans, except as otherwise specified in these conditions
of approval. Minor amendments to the plans shall be subject to approval
by the Director; and
v.
In the event of a conflict between
the regulations of this Section and regulations issued by the ABC,
the ABC regulations shall control and be deemed to have modified contrary
provisions of this Section.
2. Third Street Promenade Area
and Santa Monica Place. Notwithstanding the provisions of 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:
a.
Restaurants (Full-Service
and Limited Service and Take Out) and Food Halls.
i.
The permitted hours of alcoholic
beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
ii.
From 8:00 a.m. until at least 10:00
p.m., food service shall be available at all times when alcohol is
being served.
iii. Sale of alcoholic beverages
for consumption beyond the premises shall be permitted if authorized
by the premises' California Alcoholic Beverage Control ("ABC") license.
iv.
Window or other signage visible from
the public right-of-way that advertises beer or alcohol shall not
be permitted.
v.
Entertainment may only be permitted
in the manner set forth in Section 9.31.290(D), Restaurants with Entertainment;
vi.
Except as may be permitted by a Temporary Use Permit issued in accordance with Santa Monica Municipal Code Chapter
9.44, Temporary Use Permits, alcohol shall not be served in any disposable containers such as disposable plastic or paper cups.
vii. The premises shall
at all times conduct operations in a manner not detrimental to surrounding
properties by reason of lights, noise, activities or other actions.
The operator of the premises shall control noisy patrons leaving the
premises.
viii. Premises with amplified music shall be required to comply with Chapter
4.12, Noise, of the Santa Monica Municipal Code, except that Section 4.21.140 Nightclubs, Bars and Establishments with Amplified Music shall not apply.
ix.
Prior to occupancy, a security plan
for the premises shall be submitted to the Chief of Police for review
and approval. The plan shall address both physical and operational
security issues.
x.
Prior to occupancy, the operator
of the premises shall submit a plan for approval by the Director regarding
employee alcohol awareness training programs and policies. The plan
shall outline a mandatory alcohol-awareness training program for all
employees having contact with the public and shall state management's
policies addressing alcohol consumption and inebriation. The program
shall require all employees having contact with the public to complete
an ABC-sponsored alcohol awareness training program within 90 days
of the effective date of the exemption determination. In the case
of new employees, 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. In the event of a conflict
between the regulations of this Section and regulations issued by
the ABC, the ABC regulations shall control and be deemed to have modified
contrary provisions of this Section.
b.
Bars/Nightclubs/Lounges.
i.
The permitted hours of alcoholic
beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
ii.
Sale of alcoholic beverages for consumption
beyond the premises shall be permitted if authorized by the premises'
California Alcoholic Beverage Control ("ABC") license.
iii. Window or other signage
visible from the public right-of-way that advertises beer or alcohol
shall not be permitted.
iv.
The premises shall at all times conduct
operations in a manner not detrimental to surrounding properties by
reason of lights, noise, activities or other actions. The operator
of the premises shall control noisy patrons leaving the premises.
v.
Premises with amplified music shall be required to comply with Chapter
4.12, Noise, of the Santa Monica Municipal Code, except that Section 4.21.140 Nightclubs, Bars and Establishments with Amplified Music, shall not apply.
vi.
Prior to occupancy, a security plan
for the premises shall be submitted to the Chief of Police for review
and approval. The plan shall address both physical and operational
security issues.
vii. Prior to occupancy,
the operator of the premises shall submit a plan for approval by the
Director regarding employee alcohol awareness training programs and
policies. The plan shall outline a mandatory alcohol-awareness training
program for all employees having contact with the public and shall
state management's policies addressing alcohol consumption and inebriation.
The program shall require all employees having contact with the public
to complete an ABC-sponsored alcohol awareness training program within
90 days of the effective date of the exemption determination. In the
case of new employees, the plan shall require all such new employees
to attend an ABC-sponsored alcohol awareness training program within
90 days of hiring. In the event the ABC no longer sponsors an alcohol
awareness training program, all employees having contact with the
public shall complete an alternative program approved by the Director.
The operator of the premises shall provide the City with an annual
report regarding compliance with this requirement. The operator of
the premises shall be subject to any future Citywide alcohol awareness
training program affecting similar establishments.
viii. Within 30 days from
the date of approval of this exemption, the applicant shall provide
a copy of the signed exemption to the local office of the ABC.
ix.
Prior to occupancy, the operator
of the premises shall submit a plan describing the premises' designated
driver program, which shall be offered by the operator to the premises'
patrons. The plan shall specify how the operator will inform patrons
of the program, such as by offering on the menu a free non-alcoholic
drink for every party of 2 or more ordering alcoholic beverages.
x.
Notices shall be prominently displayed
urging patrons to leave the premises and neighborhood in a quiet,
peaceful, and orderly fashion and to not litter or block driveways
in the neighborhood.
xi.
Employees of the premises shall walk
a 100-foot radius from the premises at some point prior to 30 minutes
after closing and shall pick up and dispose of any discarded beverage
containers and other trash left by patrons.
xii. The exemption shall
apply to approved and dated plans, a copy of which shall be maintained
in the files of the City Planning Division. Project development shall
be consistent with such plans. Minor amendments to the plans shall
be subject to approval by the Director.
xiii. In the event of a
conflict between the regulations of this Section and regulations issued
by the ABC, the ABC regulations shall control and be deemed to have
modified contrary provisions of this Section.
c.
Convenience Markets
and Liquor Stores.
i.
The permitted hours of alcoholic
beverage sales shall be 8:00 a.m. to 10:00 p.m. daily.
ii.
Window or other signage visible from
the public right-of-way that advertises beer or alcohol shall not
be permitted.
iii. The premises shall
at all times conduct operations in a manner not detrimental to surrounding
properties by reason of lights, noise, activities or other actions.
The operator of the premises shall control noisy patrons leaving the
premises.
iv.
Prior to occupancy, a security plan
for the premises shall be submitted to the Chief of Police for review
and approval. The plan shall address both physical and operational
security issues.
v.
Within 30 days from the date of approval
of this exemption, the applicant shall provide a copy of the signed
exemption to the local office of the ABC.
vi.
Employees of the premises shall walk
a 100-foot radius from the premises at some point prior to 30 minutes
after closing and shall pick up and dispose of any discarded beverage
containers and other trash left by patrons.
vii. The exemption shall
apply to approved and dated plans, a copy of which shall be maintained
in the files of the City Planning Division. Project development shall
be consistent with such plans. Minor amendments to the plans shall
be subject to approval by the Director.
viii. In the event of a
conflict between the regulations of this Section and regulations issued
by the ABC, the ABC regulations shall control and be deemed to have
modified contrary provisions of this Section.
d.
Cultural Facilities
and Instructional Services.
i.
The permitted hours of alcoholic
beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
ii.
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.
v.
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.
vi.
Prior to occupancy, a security plan
for the premises shall be submitted to the Chief of Police for review
and approval. The plan shall address both physical and operational
security issues.
vii. Prior to occupancy,
the operator of the premises shall submit a plan for approval by the
Director regarding employee alcohol awareness training programs and
policies. The plan shall outline a mandatory alcohol-awareness training
program for all employees having contact with the public and shall
state management's policies addressing alcohol consumption and inebriation.
The program shall require all employees having contact with the public
to complete an ABC-sponsored alcohol awareness training program within
90 days of the effective date of the exemption determination. In the
case of new employees, the plan shall require all such new employees
to attend an ABC-sponsored alcohol awareness training program within
90 days of hiring. In the event the ABC no longer sponsors an alcohol
awareness training program, all employees having contact with the
public shall complete an alternative program approved by the Director.
The operator of the premises shall provide the City with an annual
report regarding compliance with this requirement. The operator of
the premises shall be subject to any future Citywide alcohol awareness
training program affecting similar establishments.
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.
Employees of the premises shall walk
a 100-foot radius from the premises at some point prior to 30 minutes
after closing and shall pick up and dispose of any discarded beverage
containers and other trash left by patrons.
x.
The exemption shall apply to approved
and dated plans, a copy of which shall be maintained in the files
of the City Planning Division. Project development shall be consistent
with such plans. Minor amendments to the plans shall be subject to
approval by the Director.
xi.
In the event of a conflict between
the regulations of this Section and regulations issued by the ABC,
the ABC regulations shall control and be deemed to have modified contrary
provisions of this Section.
e.
Outdoor Rooftop Commercial
Uses — Cinemas, Community Assembly, Small/Large-Scale Commercial
Entertainment and Recreation Facilities.
i.
The permitted hours of alcoholic
beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
ii.
The premises shall at all times conduct
operations in a manner not detrimental to surrounding properties by
reason of lights, noise, activities or other actions. The operator
of the premises shall control noisy patrons leaving the premises.
iii. Premises with amplified sound or music shall be required to comply with Chapter
4.12, Noise, of the Santa Monica Municipal Code, except that Section 4.21.140 Nightclubs, Bars and Establishments with Amplified Music, shall not apply.
iv.
Prior to occupancy, a security plan
for the premises shall be submitted to the Chief of Police for review
and approval. The plan shall address both physical and operational
security issues.
v.
Prior to occupancy, the operator
of the premises shall submit a plan for approval by the Director regarding
employee alcohol awareness training programs and policies. The plan
shall outline a mandatory alcohol-awareness training program for all
employees having contact with the public and shall state management's
policies addressing alcohol consumption and inebriation. The program
shall require all employees having contact with the public to complete
an ABC-sponsored alcohol awareness training program within 90 days
of the effective date of the exemption determination. In the case
of new employees, the plan shall require all such new employees to
attend an ABC-sponsored alcohol awareness training program within
90 days of hiring. In the event the ABC no longer sponsors an alcohol
awareness training program, all employees having contact with the
public shall complete an alternative program approved by the Director.
The operator of the premises shall provide the City with an annual
report regarding compliance with this requirement. The operator of
the premises shall be subject to any future Citywide alcohol awareness
training program affecting similar establishments.
vi.
Within 30 days from the date of approval
of the exemption, the applicant shall provide a copy of the signed
exemption to the local office of the ABC.
vii. Prior to occupancy,
the operator of the premises shall submit a plan describing the premises'
designated driver program, which shall be offered by the operator
to the premises' patrons. The plan shall specify how the operator
will inform patrons of the program, such as by offering on the menu
a free non-alcoholic drink for every party of 2 or more ordering alcoholic
beverages.
viii. Notices shall be prominently
displayed urging patrons to leave the premises and neighborhood in
a quiet, peaceful, and orderly fashion and to not litter or block
driveways in the neighborhood.
ix.
Employees of the premises shall walk
a 100-foot radius from the premises at some point prior to 30 minutes
after closing and shall pick up and dispose of any discarded beverage
containers and other trash left by patrons.
x.
The exemption shall apply to approved
and dated plans, a copy of which shall be maintained in the files
of the City Planning Division. Project development shall be consistent
with such plans. Minor amendments to the plans shall be subject to
approval by the Director.
xi.
In the event of a conflict between
the regulations of this Section and regulations issued by the ABC,
the ABC regulations shall control and be deemed to have modified contrary
provisions of this Section.
f.
Commercial Entertainment
and Recreation — Small-Scale Facilities and Large-Scale Facilities.
i.
The permitted hours of alcoholic
beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
ii.
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.
v.
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.
vi.
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.
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. 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.
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.
x.
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. 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.
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. In the event of a conflict
between the regulations of this Section and regulations issued by
the ABC, the ABC regulations shall control and be deemed to have modified
contrary provisions of this Section.
g.
Retail Sales —
General Retail Sales, Small-Scale and Medium-Scale.
i.
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. The premises shall
at all times conduct operations in a manner not detrimental to surrounding
properties by reason of lights, noise, activities or other actions.
The operator of the premises shall control noisy patrons leaving the
premises.
iv.
Premises with amplified music shall be required to comply with Chapter
4.12, Noise, of the Santa Monica Municipal Code.
v.
Prior to occupancy, a security plan
for the premises shall be submitted to the Chief of Police for review
and approval. The plan shall address both physical and operational
security issues.
vi.
Prior to occupancy, the operator
of the premises shall submit a plan for approval by the Director regarding
employee alcohol awareness training programs and policies. The plan
shall outline a mandatory alcohol-awareness training program for all
employees having contact with the public and shall state management's
policies addressing alcohol consumption and inebriation. The program
shall require all employees having contact with the public to complete
an ABC-sponsored alcohol awareness training program within 90 days
of the effective date of the exemption determination. In the case
of new employees, the plan shall require all such new employees to
attend an ABC-sponsored alcohol awareness training program within
90 days of hiring. In the event the ABC no longer sponsors an alcohol
awareness training program, all employees having contact with the
public shall complete an alternative program approved by the Director.
The operator of the premises shall provide the City with an annual
report regarding compliance with this requirement. The operator of
the premises shall be subject to any future Citywide alcohol awareness
training program affecting similar establishments.
vii. Within 30 days from
the date of approval of the exemption, the applicant shall provide
a copy of the signed exemption to the local office of the ABC.
viii. 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.
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.
x.
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.
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. In the event of a conflict
between the regulations of this Section and regulations issued by
the ABC, the ABC regulations shall control and be deemed to have modified
contrary provisions of this Section.
3. Santa Monica Pier. Notwithstanding the provisions of 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:
a.
The permitted hours of alcoholic
beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
b.
From 8:00 a.m. until at least 10:00
p.m., food service shall be available at all times when alcohol is
being served.
c.
Sale of alcoholic beverages for consumption
beyond the premises shall be permitted if authorized by the premises'
California Alcoholic Beverage Control ("ABC") license.
d.
Window or other signage visible from
the public right-of-way that advertises beer or alcohol shall not
be permitted.
e.
Except as may be permitted by a Temporary Use Permit issued in accordance with Santa Monica Municipal Code Chapter
9.44, Temporary Use Permits, alcohol shall not be served in any disposable containers such as disposable plastic or paper cups.
f.
The premises shall at all times conduct
operations in a manner not detrimental to surrounding properties by
reason of lights, noise, activities or other actions. The operator
of the premises shall control noisy patrons leaving the premises.
g.
Liquor bottle service shall
be prohibited. Wine and beer bottle service shall not be
available to patrons unless food service is provided concurrent with
the bottle service. For purposes of this paragraph, "bottle service"
means the service of any full bottle of liquor, wine, or beer of more
than 375 ml, along with glass ware, mixers, garnishes, or other items
used for the mixing of drinks, which patrons are able to then use
to make their own drinks or pour their own wine or beer.
h.
The premises shall not organize or
participate in organized "pubcrawl" events where participants or customers
pre-purchase tickets or tokens to be exchanged for alcoholic beverages
at the premises.
i.
Premises with amplified music shall be required to comply with Chapter
4.12, Noise, of the Santa Monica Municipal Code.
j.
Prior to occupancy, a security plan
for the premises shall be submitted to the Chief of Police for review
and approval. The plan shall address both physical and operational
security issues.
k.
Prior to occupancy, the operator
of the premises shall submit a plan for approval by the Director regarding
employee alcohol awareness training programs and policies. The plan
shall outline a mandatory alcohol-awareness training program for all
employees having contact with the public and shall state management's
policies addressing alcohol consumption and inebriation. The program
shall require all employees having contact with the public to complete
an ABC-sponsored alcohol awareness training program within 90 days
of the effective date of the exemption determination. In the case
of new employees, the plan shall require all such new employees to
attend an ABC-sponsored alcohol awareness training program within
90 days of hiring. In the event the ABC no longer sponsors an alcohol
awareness training program, all employees having contact with the
public shall complete an alternative program approved by the Director.
The operator of the premises shall provide the City with an annual
report regarding compliance with this requirement. The operator of
the premises shall be subject to any future Citywide alcohol awareness
training program affecting similar establishments.
l.
Within 30 days from the date of approval
of this exemption, the applicant shall provide a copy of the signed
exemption to the local office of the ABC.
m.
Prior to occupancy, the operator
of the premises shall submit a plan describing the premises' designated
driver program, which shall be offered by the operator to the premises'
patrons. The plan shall specify how the operator will inform patrons
of the program, such as by offering on the menu a free non-alcoholic
drink for every party of 2 or more ordering alcoholic beverages.
n.
Notices shall be prominently displayed
urging patrons to leave the premises and neighborhood in a quiet,
peaceful, and orderly fashion and to not litter or block driveways
in the neighborhood.
o.
Employees of the premises shall walk
a 100-foot radius from the premises at some point prior to 30 minutes
after closing and shall pick up and dispose of any discarded beverage
containers and other trash left by patrons.
p.
The exemption shall apply to approved
and dated plans, a copy of which shall be maintained in the files
of the City Planning Division. Project development shall be consistent
with such plans, except as otherwise specified in these conditions
of approval. Minor amendments to the plans shall be subject to approval
by the Director.
q.
In the event of a conflict between
the regulations of this Section and regulations issued by the ABC,
the ABC regulations shall control and be deemed to have modified contrary
provisions of this Section.
4. With respect to the Director's decision
for Alcohol Exemption Zoning Conformance Permits for restaurants with
over 50 seats and subject to subsection (D)(1) above, within 2 business
days from the date when the determination has been made concerning
the application and posted on the City's website, the Director shall
transmit a notice of determination that summarizes the determination
and provides a website link to the Statement of Official Action to
the applicant at the address shown on the application and to all property
owners and residential and commercial tenants within a radius of 750
feet from the exterior boundaries of the property involved in the
application.
E. Zoning Conformance Review.
1. When an existing alcohol outlet without
a Conditional Use Permit changes ownership or undergoes an interior
remodel, it shall be subject to Zoning Conformance review in accordance
with the following:
a.
Except as provided in paragraph b,
below, an existing alcohol outlet that was lawfully established and
is nonconforming solely due to the lack of an approved Conditional
Use Permit is exempt from the requirements of this Section if the
licensed premises have remained in continuous operation without substantial
change in mode or character of operation. Approval of a Conditional
Use Permit shall be required for a change in the licensed classification.
The operation of an existing nonconforming alcohol outlet shall be
considered lapsed and a Conditional Use Permit shall be required where
operations have been discontinued for a period of over 1 year.
i.
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;
(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.
v.
A substantial change in mode or character
of operation shall include, but is not limited to, a change in operational
hours that extends past 11:00 p.m. Sunday through Thursday and midnight
on Friday and Saturday, a 5% increase in the floor area of the premises,
a 10% increase in the shelf area used for the display of alcoholic
beverages, queuing outside the establishment, age requirements for
entry, checking identification at the door, implementing a cover charge,
offering bottle service, or a 5% increase in the number of seats in
any restaurant that serves alcoholic beverages, but in no case shall
the increase exceed any established seating limitation in the underlying
zoning district.
(1) "Bottle service" shall
mean the service of any full bottle of liquor, wine, or beer, of more
than 375 ml, along with glass ware, mixers, garnishes, etc., in which
patrons are able to then make their own drinks or pour their own wine
or beer.
(2) "Cover charge" shall
mean requiring payment of customers before they may enter the establishment.
b.
Notwithstanding the provisions of
paragraph a, above, when an existing alcohol outlet (i) located within
the Third Street Promenade Area; and (ii) without a Conditional Use
Permit changes ownership or undergoes an interior remodel, it shall
be subject to Zoning Conformance review to confirm consistency with
current operations, except that an existing alcohol outlet that was
lawfully established and is nonconforming solely due to the lack of
an approved Conditional Use Permit shall not be subject to a zoning
conformance review if the licensed premises have remained in continuous
operation without substantial change in mode or character of operation.
As used in this paragraph, a substantial change in mode or character
of operation shall include, but is not limited to: a 5% increase in
the floor area of the premises; a 10% increase in the shelf area used
for the display of alcoholic beverages; implementing a cover charge,
that is, requiring payment from customers before they may enter the
premises; or a 5% increase in the number of seats in any restaurant
that serves alcoholic beverages, but in no case shall the increase
exceed any established seating limitation in the underlying zoning
district.
2. When an existing alcohol outlet with a
Conditional Use Permit changes ownership or undergoes an interior
remodel, it shall be subject to Zoning Conformance review to ensure
compliance with the existing CUP.
(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)
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:
A. 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.
B. Repair of Vehicles. No vehicle
repair work shall occur on the premises unless the rental agency is
otherwise permitted and licensed to repair vehicles.
C. 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.
D. Landscaping. Landscaping shall comply with the provisions of Chapter
9.26, Landscaping.
E. 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.
1. 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;
2. 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
3. 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.
F. 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.
G. Noise Control. Automobile Rental uses shall be operated in accordance with Chapter
4.12, Noise, of the Municipal Code, and the following standards.
1. 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).
2. 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.
3. Rooftop storage areas shall be screened
with landscaping and noise-absorbing materials to minimize noise impacts
on adjacent properties.
H. Toxic Storage and Disposal.
1. Any gasoline storage tank shall be constructed
and maintained consistent with applicable laws.
2. 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.
I. Air Quality.
1. 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.
2. All mechanical ventilating equipment shall
be directed to top story exhaust vents that face away from abutting
or adjacent residential properties.
3. Exhaust systems shall be equipped with
appropriate and reasonably available control technology to minimize
or eliminate noxious pollutants that would otherwise be emitted.
J. 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:
1. 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;
2. The accessory Automobile Rental use shall
only operate during the hours of operation of the automobile sales,
leasing, storage, or automobile repair facilities;
3. Vehicles may only be rented to customers
of the automobile sales, leasing, storage, or automobile repair facilities;
4. No exterior signage shall be permitted
for the accessory automobile rental agency; and
5. 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)
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.
A. 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.
B. 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.
C. Setbacks. Any new or addition
to an automobile repair facility shall comply with the setback requirements
for the district in which it is located.
D. Paving. For any new facility,
the site shall be entirely permeable paving, except for buildings
and landscaping.
E. Landscaping. The site shall be landscaped according to the requirements of Chapter
9.26, Landscaping.
F. 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.
G. 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.
H. Refuse. Refuse storage areas shall comply with Section
9.21.130.
I. Lighting. All lighting shall comply with Section
9.21.080.
J. 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:
1. The work is performed within 20 feet of
an existing on-site building;
2. 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;
3. The work area does not exceed 50 percent
of the facility's existing outdoor area or 400 square feet, whichever
is greater;
4. The work does not involve the use of pneumatic
tools or power tools unless battery-powered;
5. The work is not audible at the property
line of the nearest residence;
6. 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
7. 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.
K. 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.
L. 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:
1. The facility's daily business is limited
to automobile lubrication and fluid maintenance services, air filter
replacement, and/or windshield wiper replacement services;
2. The facility has no vehicular access to
or from a residential street;
3. Sunday operations will not occur before
10:00 a.m. or after 5:00 p.m.;
4. 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
5. If the facility is located adjacent to
a Residential District:
a.
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
b.
The garage doors to the service bays
do not face the Residential District.
M. 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.
N. 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.
O. 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.
P. 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.
Q. 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)
A. 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:
1. 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;
2. Encourage automobile dealers to develop
shared inventory storage facilities in appropriate locations to meet
their needs; and
3. Encourage dealerships to provide on-site
automobile storage in above-grade structures or subterranean parking
facilities.
B. Applicability.
1. All new Automobile/Vehicle Sales and Leasing and Automobile Storage uses shall comply with subsection
(C), Development Standards, of this Section.
2. 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:
a.
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);
b.
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
c.
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.
3. 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).
4. Operational Standards. All Automobile/Vehicle Sales and Leasing uses shall comply with the operational standards of subsection
(E).
C. 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:
1. Showrooms. Automobile/Vehicle Sales and Leasing Uses shall be developed to
include indoor showrooms for display of vehicles for sale or lease.
a.
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.
b.
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.
c.
Façade Height. Showrooms shall be constructed to achieve at least the minimum
required façade height of the District in which they are located.
d.
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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
a.
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.
b.
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.
c.
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)].
7. Landscaping. Screening of surface level outdoor display and non-display areas shall comply with the provisions of Chapter
9.26, Landscaping.
8. Parking and Vehicle Storage. Parking structures and automobile storage uses associated
with an automobile dealership shall comply with the following project
design standards.
a.
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.
b.
Design Standards, Parking
Structures. The following standards apply to parking structures:
i.
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.
c.
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.
d.
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.
e.
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).
f.
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.
g.
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.
D. 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).
1. Uses.
a.
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.
b.
Inventory Storage. A Qualifying Parcel may be used for surface inventory storage only
if the following conditions are met:
i.
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.
c.
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.
d.
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.
2. 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).
3. 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).
4. 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.
5. Setbacks.
a.
Front and Rear Setbacks. The front and rear setbacks of the Residential District in which
the Qualifying Parcel is located shall apply.
b.
Side Setbacks Adjacent to
Residential Districts. The side setbacks shall meet the requirements
of subsection (C)(6).
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:
a.
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;
b.
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;
c.
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;
d.
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
e.
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.
7. Ingress and Egress on Residentially
Zoned Properties. Vehicular access to Qualifying Parcels
shall comply with the following requirements:
a.
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.
b.
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.
8. Parking and Vehicle Storage. Parking structures and automobile storage uses associated
with an automobile dealership shall also comply with subsection (C)(6).
9. 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:
a.
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;
b.
The height of the expansion shall
be no more than one story and will not exceed 23 feet;
c.
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
d.
The square footage expansion may
maintain the existing building lines adjacent to public rights-of-way,
subject to Architectural Review Board approval.
E. Operational Standards. All
Automobile/Vehicle Sales and Leasing Uses and Automobile Storage uses,
existing and new, shall be operated according to the following standards:
1. Customer and Employee Parking.
a.
On-site customer parking shall be
provided at no charge to the customers.
b.
Areas designated for employee or
customer parking shall not be used for vehicle storage or display.
2. 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.
a.
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.
b.
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.
c.
The applicant shall prepare and submit
to the Director for approval a plan that complies with all requirements
of this subsection.
3. 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.
4. 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.
5. 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.
6. 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.
7. Noise Control. Automobile/Vehicle Sales and Leasing and Automobile Storage uses
shall be operated in accordance with the following standards.
a.
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).
b.
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).
c.
Rooftop storage areas shall be screened
with landscaping and/or noise absorbing materials to minimize noise
impacts on adjacent properties.
8. Toxic Storage and Disposal.
a.
Gasoline storage tanks shall be constructed
and maintained under the same conditions and standards that apply
for service stations.
b.
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.
9. Air Quality.
a.
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.
b.
All mechanical ventilating equipment
shall be directed to top story exhaust vents, which face away from
abutting or adjacent residential properties.
c.
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)
Automobile/Vehicle Washing uses shall
be located, developed, and operated in compliance with the following
standards:
A. Minimum Parcel Size. The minimum
parcel size for development of an Automobile/Vehicle Washing use is
7,500 square feet.
B. 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.
C. Canopies. Any canopy shall
be at least 5 feet from any property line.
D. 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.
E. Paving. The site shall be
entirely paved, except for buildings and landscaping.
F. Landscaping. The site shall be landscaped consistent with the standards of Chapter
9.26, Landscaping, and the following standards:
1. 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.
2. A landscape planter at least 150 square
feet in area shall be provided at the intersection of 2 property lines
at a street corner.
3. 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.
G. 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:
1. 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.
2. 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.
H. 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:
1. 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.
2. No vehicle that will be or has been serviced
may be parked on public streets, sidewalks, parkways, driveways, or
alleys.
3. 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.
I. 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.
J. 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.
K. 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:
2. 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.
L. 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:
1. 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.
2. Refuse bins shall be provided and placed
in a location convenient for customers.
3. 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.
M. 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.
N. Outdoor Loudspeakers. There
shall be no outdoor loudspeakers or public address systems.
O. 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.
P. 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.
Q. Air Quality.
1. All mechanical ventilating equipment shall
be directed to top-story exhaust vents that face away from any adjacent
residential properties.
2. 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)
Bed and breakfast establishments
shall be located, developed, and operated in compliance with the following
standards:
A. 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.
B. On-site Owner or Caretaker Required. An on-site caretaker or owner of the property shall reside in Bed
and Breakfast establishments.
C. 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.
D. 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.
E. 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.
F. 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.
G. Limitation on Rental Period. No room shall be rented to any guest for more than 15 consecutive
days.
H. 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)
Community assembly uses shall be
located, developed, and operated in compliance with the following
standards:
A. Minimum Site Area. Community
assembly uses may only be located on sites with at least 7,500 square
feet in area.
B. 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.
C. Landscaping. The site on which a community assembly use is located shall be landscaped consistent with the standards of Chapter
9.26, Landscaping.
D. 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.
E. Parking Area Screening. Parking areas adjacent to any residential district shall be consistent with the standards of Chapter
9.26, Landscaping.
F. 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.
G. 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)
Congregate Housing and Transitional
Housing shall be subject to the following standards.
A. 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.
B. 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)
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.
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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)
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.
A. 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:
1. Location Requirements.
a.
The parcel is located in an urbanized
area or urban cluster, as defined by the Census Bureau;
b.
The parcel is not located within
a designated historic district or does not contain a historic resource;
c.
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:
i.
Prime farmland, wetlands, land identified
for conservation, land under conservation easement, or habitat for
protected species;
d.
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:
i.
Very high fire hazard severity zone,
hazardous waste site, delineated earthquake fault zone, 100-year floodplain,
or regulatory floodway.
2. Displacement Protections. Projects shall not include alteration or demolition of any
of the following types of housing:
a.
Deed restricted affordable housing;
b.
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;
c.
Housing occupied by a tenant in the
last 3 years; or
d.
Housing on parcels with an Ellis
Act eviction in the last 15 years from date of application submittal.
B. Permitted Projects. The following
project types are permitted pursuant to this Section:
1. Lot Split. A permitted parcel may be subdivided into 2 parcels pursuant to subsection
(D), below.
2. Duplex. One duplex may be established or constructed on a permitted parcel pursuant to subsection
(E), below.
3. 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.
C. Review Process.
1. 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.
2. 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.
D. Lot Split Standards and Requirements. Parcels subdivided pursuant to this Section shall comply with the
following standards and requirements:
1. 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.
2. Minimum Parcel Dimensions. No minimum parcel width or depth.
3. Access. Access
to a public right-of-way shall be provided for each resulting parcel.
4. Subdivision Limitations.
a.
The subject parcel has not been previously
subdivided pursuant to this Section.
b.
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.
5. Owner Occupancy. Property owner shall intend to live on one of the resulting
parcels for 3 years after subdivision completion.
6. Process. Zoning
conformance review and approval shall be required prior to submittal
of a building permit.
E. 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.
1. Land Uses. Permitted uses shall be limited to the following:
d.
Junior accessory dwelling unit.
2. Maximum unit count.
a.
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.
b.
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).
c.
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.
3. 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.
4. Minimum Side and Rear Setbacks.
a.
New Construction. 4 feet, except in the following circumstance:
i.
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.
b.
Existing development or reconstruction
in same location and dimensions may retain nonconforming setbacks.
5. 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.
6. Owner Occupancy. Property owner shall intend to live in one of the proposed
units for 3 years.
F. Parking. One parking space
is required per unit established pursuant to this Section, except
no parking is required if any of the following applies:
1. 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
2. There is a car share vehicle located within
one block of the parcel.
G. 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.
H. Lease Terms. Units created
under this Section shall not be used for rental terms of 30 days or
less.
I. Development Impact Fees.
1. 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.
2. 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)
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.
A. Lighting. Adequate external lighting shall be provided for security purposes. Lighting shall comply with Section
9.21.080, Lighting.
B. Laundry Facilities. The shelter
shall provide laundry facilities or services adequate for the number
of residents.
C. Common Facilities. The development
may provide one or more of the following specific common facilities
for the exclusive use of the residents and staff:
1. Central cooking and dining room(s).
D. Security. Parking and outdoor
facilities shall be designed to provide security for residents, visitors
and employees.
E. 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.
F. Emergency Shelter Provider and Services. The agency or organization operating the shelter shall comply with
the following requirements:
1. 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.
2. 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.
3. The provider shall not discriminate in
any services provided.
4. The provider shall not require participation
by residents in any religious or philosophical ritual, service, meeting
or rite as a condition of eligibility.
5. 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.
G. 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.
H. 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)
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.
A. 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.
B. 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.
C. Hours of Operation. Large
family day cares shall not be limited in hours or days of operation.
D. 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.
E. 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.
F. 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.
G. Screening of Outdoor Play Areas. Fences shall comply with Section
9.21.050, Fences, Walls, and Hedges.
H. 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.
I. 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)
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.
A. Location. No General Market
shall be located within 300 linear feet of another General Market
in the same Residential District.
B. Structure. A General Market
shall be operated completely within an enclosed building. The store
shall be located on the ground floor.
C. 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.
D. 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.
E. Parking. General Markets shall meet the requirements of Section
9.28.060, Number of Parking Spaces Required.
F. 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.
G. 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.
H. 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.
I. Maximum Size. No General Market
may exceed 2,500 square feet in floor area.
J. 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.
K. 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)
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.
A. Standards. Home occupations
shall be located and operated in compliance with the following standards.
1. 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.
2. 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.
3. 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.
4. 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.
5. There shall be no signs other than the
address and name of any resident.
6. There shall be no outdoor advertising that
identifies the home occupation.
7. 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.
8. 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.
9. 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.
B. Prohibited Home Occupation Uses. The following uses shall not be permitted as home occupations:
2. Animal hospitals or grooming facilities.
3. Automotive and other vehicle repair (body
or mechanical), upholstery, painting or storage.
5. Carpentry or cabinet making.
6. Contractor storage yards.
7. Dancing schools, exercise and yoga studios,
except one-on-one training or teaching that does not exceed 6 clients
within 24 hours.
8. Firearms manufacture, sales, or repair.
9. Furniture refinishing or upholstery.
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.
14.
Sexually-oriented businesses.
15.
Spas and retreat centers.
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.
C. Procedures
1. 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.
2. Every operator of a home occupation shall obtain and maintain a business license pursuant to Chapter
6.04 of the Municipal Code.
3. 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)
A. 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:
1. 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;
2. 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;
3. Promote conservation and reuse of commercial
or industrial buildings;
4. 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;
5. Provide for the health, safety, and livability
of persons who reside and work in Live-Work units; and
6. 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.
B. 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.
C. Development Standards.
1. 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.
2. Parking. Live-Work units shall comply with the requirements of Chapter
9.28, Parking, Loading, and Circulation.
3. 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.
4. 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:
a.
High volume ground floor space;
c.
Flooring and finishes that support
live-work units;
d.
Consideration for ventilation including
natural ventilation and flexibility for the installation of mechanical
or special ventilation if necessary;
e.
Consideration for storage and disposal
of hazardous or toxic materials related to work products;
g.
Consideration for additional electrical
power; and
D. Additional Requirements.
1. 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.
2. Prohibited Uses.
a.
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.
b.
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.
3. 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.
4. 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:
a.
Designation of an on-site marketing
and outreach coordinator;
b.
Method, manner, and scope of outreach
to the artist community including timing of when outreach would begin;
c.
Strategies for initial and ongoing
proactive outreach to the arts community and outreach lists provided
by the City;
d.
Outreach information that can help
educate potential applicants to make decisions about applying for
units;
e.
Timeline for lease-up; and
5. 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.
6. 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.
7. 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.
8. 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.
9. 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)
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:
A. 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.
B. Design Criteria. A manufactured
home shall be compatible in design and appearance with residential
structures in the vicinity and shall meet the following standards:
1. Foundation. A manufactured home shall be built on a foundation system approved
by the Director.
2. 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.
3. 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.
4. 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.
5. Skirting. The unit's skirting must extend to the finished grade.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A. 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.
B. Conditional Use Permit. Each
medicinal cannabis retailer shall be subject to the approval of a
Conditional Use Permit by the Planning Commission, appealable to the
City Council.
C. Number and Location. A maximum
of 2 medicinal cannabis retailers no larger than 2,500 square feet
shall be permitted. Medicinal cannabis retailers are prohibited within
600 feet of a child care and early education or family day care facility,
park, school, library, social service center, or other medicinal cannabis
retailer. The distance shall be established on the date of application
for the Conditional Use Permit.
D. Hours of Operation. Medicinal
cannabis retailers may be operated between the hours of 10:00 a.m.
and 8:00 p.m. Monday through Saturday and 12:00 p.m. to 7:00 p.m.
on Sundays.
E. Recommendations. No recommendations
for medicinal cannabis shall be issued on site.
F. Delivery. Delivery of medicinal
cannabis to patients or primary care givers as defined in Health and
Safety Code Section 11362.5 et seq., is permitted.
G. Source Requirement. Only medicinal
cannabis cultivated in California may be sold in a medicinal cannabis
retailer.
H. On-Site Cultivation. A maximum
area of 15% of the total floor area may be used for on-site cultivation.
I. Litter. Outdoor trash receptacles
shall be available near the entrances to and exits from the establishment.
The premises shall be continuously maintained in a safe, clean, and
orderly condition with twice daily litter pick-up within 500 feet
of the medicinal cannabis retailer.
J. Inspections. A medicinal cannabis retailer owner shall authorize reasonable City inspection of the property by Santa Monica Code enforcement and police staff or other agents or employees of the City to ensure compliance with the conditions of approval imposed by the City in approving this project and will bear the reasonable cost of these inspections as established by Santa Monica Municipal Code Section
2.72.010 and Resolution No. 9905(CCS) or any successor legislation thereto. These inspections shall be no more intrusive than necessary to ensure compliance with conditions of approval.
K. Enforcement Cooperation. A
medicinal cannabis retailer, and all employees thereof, shall use
best efforts to assist the police in investigating and prosecuting
any violations of this Chapter consistent with constitutional provisions.
L. Sale of Adult-Use Cannabis or Adult-Use
Cannabis Products. Notwithstanding anything to the contrary
in this Section or Municipal Code, medicinal cannabis retailers that
have been issued a Conditional Use Permit as of October 10, 2023 shall
be permitted to deliver and sell adult-use cannabis or adult-use cannabis
products, as licensed and regulated by
Business and Professions Code
Section 26000
et seq., to persons 21 years of age and over, only if a regulatory permit for adult-use cannabis has been obtained by June 1, 2024. Only cannabis cultivated within California may be sold in accordance with 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)
A. 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:
B. 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.
C. Minimum Parcel Size. 15,000
square feet.
D. Maximum Number of Food Trucks. One food truck per 2,000 square feet of parcel area.
E. 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.
F. 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.
G. 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.
H. 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.
I. 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.
J. 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.
K. County Licensing. Each food
truck shall be properly licensed by the Los Angeles County Department
of Public Health.
L. Maximum Term. The term of
the permit authorized by this Section for food truck venues shall
not exceed 3 years.
M. 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)
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.
A. 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).
1. For market rate units:
a.
At least 10% of the units shall be
three-bedroom units;
b.
At least 10% of the units shall be
two-bedroom units;
c.
No more than 15% of the units shall
be studio units.
2. Affordable housing unit mix shall be governed by Chapter
9.64, Affordable Housing Production Program.
3. The Director may grant a waiver from this unit mix requirement pursuant to the requirements and procedures for Waivers in Chapter
9.43.
B. 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:
1. For nonresidential components of projects,
provide the following:
a.
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).
b.
Bike valet, free of charge, during
all automobile valet operating hours.
2. 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).
C. 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.
D. 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)
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.
A. 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.
B. 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.
C. Affordability Requirements. Multiple-unit dwelling projects shall include at least 50% of total
units affordable to 80% income households.
D. 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.
E. 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.
F. Density. There shall be no
limit to density.
G. Parking Requirements. There
shall be no minimum parking requirements. Replacement of existing
parking for the associated community assembly use shall not be required.
H. Additional Requirements. Projects shall comply with the requirements set forth in Section
9.31.195, Multiple-Unit Dwelling Projects.
I. Process. Projects shall be processed as Administrative Approvals pursuant to Chapter
9.39.
(Added by Ord. No. 2742CCS § 2, adopted April 11, 2023)
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.
A. 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.
B. 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.
C. Retention of Existing Multiple-Unit
Dwelling Use. Any new multiple-unit dwelling project shall
not remove any existing dwelling units.
D. 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.
E. 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.
1. 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.
2. 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.
3. 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.
F. Parking. Pursuant to Section
9.28.030(A), any required parking that is removed from the residential parcel to be developed shall be replaced.
G. 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.
H. 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)
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.
A. 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"):
1. 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
2. The preliminary application asserted eligibility
for processing under the "builder's remedy" provision of the Housing
Accountability Act,
Government Code Section 65859.5(d).
B. Development Standards. All
eligible projects shall be subject to the development standards established
for the underlying zone.
C. 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:
1. 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."
2. 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:
a.
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.
b.
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.
c.
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.
D. 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:
1. Guest = 1 space per 15 units.
2. Studio, no bedrooms = 1 space per unit.
3. 1 bedroom = 1 space per unit.
4. 2 or more bedrooms = 1 space per unit.
E. 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.
F. 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)
A. 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.
B. 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.
C. 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.
1. 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:
d.
Conversion of parking spaces.
D. 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.
E. 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.
F. 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.
G. Prohibited Uses. The following
uses are prohibited and not considered eligible businesses:
1. Automobile/vehicle sales and service, minor
or major;
2. Animal care, sales, and services;
H. 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.
I. 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.
J. 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:
1. All eating and drinking establishments:
hours of operation shall be limited to 8:00 a.m. to 11:00 p.m.
2. Personal services, physical training: hours
of operation shall be limited to 7:00 a.m. to 7:00 p.m.
K. Exemptions: Floor Area, Floor Area
Ratio (FAR), and Parking Requirements. Outdoor space shall
be excluded from the following:
1. Floor area and floor area ratio (FAR) calculations.
2. Minimum parking requirements.
L. 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.
M. 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:
1. Surface parking lots and common open areas
on the subject property, including, but not limited to, courtyards
and roof areas.
2. 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.
3. 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.
4. A single contiguous outdoor space is allowed
for each eligible business when located within a parking lot.
N. 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:
1. 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.
2. 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.
O. 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.
P. Accessibility. Outdoor space
shall comply with accessibility requirements or conditions set forth
in the administrative regulations issued under this Section.
Q. 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.
R. 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.
S. 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.
T. 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.
U. Noise. All forms of speaker amplification, televisions or similar screen projectors are prohibited. Outdoor space operations shall comply with Chapter
4.12, Noise.
V. Administrative Regulations.
1. 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.
2. A permittee shall comply with any other
permit requirements or conditions set forth in the administrative
regulations issued under this Section.
W. 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)
Outdoor dining and seating on sidewalks
shall be designed, located, and operated consistent with the following
standards:
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. Barriers. If barriers are
provided, they shall be in the manner required by the City.
G. 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.
H. 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.
I. Compliance with Design Guidelines. Outdoor dining and seating shall comply with all applicable adopted
design standards and guidelines, including, but not limited to:
1. The Citywide Sidewalk Dining Guidelines;
2. The Sidewalk Dining Standards for the Third
Street Promenade; and
3. 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.
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J. 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.
K. 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.
L. 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)
Outdoor newsstands shall be designed,
located, and operated consistent with the following standards:
A. 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.
B. 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.
C. Minimum Distance from Other Outdoor
Newsstands. No outdoor newsstand shall be located closer than
500 feet to the nearest other outdoor newsstand.
D. 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.
E. 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.
F. 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.
G. 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)
Outdoor retail sales shall be located,
developed, and operated in compliance with the standards of this Section.
A. 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.
B. Ongoing Outdoor Display and Sales. The ongoing outdoor display of merchandise shall comply with the
following standards.
1. Permitted Locations and Uses.
a.
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.
i.
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.
b.
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.
c.
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.
2. Standards. The following standards apply to subsections (B)(1)(b) and (c) of
this Section:
a.
Design and Location.
i.
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.
b.
Operation.
i.
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.
c.
Maintenance.
i.
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)
The following Personal Services shall
be located, developed, and operated in compliance with the following
standards:
A. Hours of Operation. Hours
of operation shall be limited to 7:00 a.m. to 10:00 p.m. unless otherwise
specified.
B. 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.
1. 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.
2. Location. No such business shall be established or located within 500 feet
from any other Massage Establishment.
3. Facility Requirements. Every massage establishment shall maintain facilities meeting
the following requirements:
a.
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.
b.
Minimum ventilation shall be provided
in accordance with the Uniform Building Code.
c.
Hot and cold running water shall
be provided at all times.
d.
Closed cabinets shall be provided
for storage of clean linens.
e.
Adequate dressing, locker, and toilet
facilities shall be provided for patrons.
f.
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.
4. Accessory Uses. A massage establishment which functions as an accessory use shall
also comply with all requirements for the primary use.
C. Tattoo or Body Modification Parlor.
1. 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.
2. 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.
3. 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)
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.
A. 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.
B. 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:
1. 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.
2. The servicing, repair, or fabrication of
motor vehicles, boats, trailers, lawn mowers, appliances, or other
similar equipment.
3. The operation of power tools, spray-painting
equipment, table saws, lathes, compressors, welding equipment, kilns,
or other similar equipment.
4. The establishment of a transfer and storage
business.
C. 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.
D. 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.
E. Utilities. Water, gas or telephone
service to any rental space is prohibited.
F. Habitation. Human habitation
of any rental space is prohibited.
G. 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)
A private tennis court may be developed
in Residential Designations subject to the following requirements:
A. 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.
B. Minimum Parcel Lot Size. The
minimum parcel lot size on which a private tennis court may be located
shall be 10,000 square feet.
C. Number of Courts. There shall
be no more than one tennis court for each residential parcel.
D. 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.
E. 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.
F. 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)
New recycling facilities or existing
recycling facilities expanding more than 50% shall be located, developed,
and operated in compliance with the following standards:
A. Recycling Collection Facilities.
1. 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).
2. Equipment. No power-driven processing equipment, except for reverse vending
machines, may be used.
3. Location. Facilities shall not be located within 50 feet of a Residential
District.
4. Setback. Facilities
shall be set back at least 10 feet from any street parcel line and
not obstruct pedestrian or vehicular circulation.
5. 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.
6. 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.
7. 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.
8. Site Maintenance. Sites shall be maintained clean, sanitary, and free of litter
and any other undesirable materials.
9. Reverse Vending Machines.
a.
Accessory Use. Reverse
vending machines may be installed as an accessory use to a permitted
or conditionally permitted primary use on the same site.
b.
Location. Machines
shall be located adjacent to the entrance of the commercial host use
and shall not obstruct pedestrian or vehicular circulation.
c.
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.
d.
Lighting. Machines
shall be illuminated to ensure comfortable and safe operation between
dawn and dusk.
e.
Trash Receptacle. Machines shall provide a 40 gallon garbage can for nonrecyclable
materials located adjacent to the reverse vending machine.
B. Recycling Processing Facility.
1. Location. New facilities shall not abut a Residential District.
2. Screening. The facility must be screened from public rights-of-way, by solid
masonry walls or located within an enclosed structure.
3. 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.
4. 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)
A. 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.
B. Location. Minimum distance
from any other Residential Facility shall be 300 feet as specified
by State
Health and Safety Code Section 1267.9 (b).
C. 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)
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.
A. 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.
B. 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.
C. 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.
D. 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.
E. 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)
A. Except as provided in subsection
B, below, restaurants may provide entertainment, including, but not limited to, music, DJs, song, dance, stand-up comedy, and poetry readings for the patrons' enjoyment if they meet the following standards.
1. There is sit down meal service provided
at all times while the entertainment is taking place.
2. There is no permanent or temporary dance
floor or dance area for patrons.
3. There is no cover charge or minimum drink
purchase requirement.
4. The entertainment is provided only in the
dining areas.
5. No more than 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.
6. Liquor bottle service shall be prohibited.
Wine and beer bottle service shall not be available to patrons unless
full meal service is provided concurrent with the bottle service.
All food items shall be available from the full service menu. Bottle
service shall mean the service of any full bottle of liquor, wine,
or beer of more than 375 ml, along with glass ware, mixers, garnishes,
etc., in which patrons are able to then make their own drinks or pour
their own wine or beer.
7. No organized queuing of patrons at the
entry or checking of identification to control entry into and within
the establishment shall be permitted. There shall not be any age limitation
imposed restricting access to any portion of the restaurant.
8. The establishment shall not organize or
participate in organized "pub-crawl" events where participants or
customers pre-purchase tickets or tokens to be exchanged for alcoholic
beverages at the restaurant.
9. Establishments with amplified music shall comply with Section
4.12.140.
B. Third Street Promenade Area and Santa
Monica Place. Notwithstanding the provisions of subsection
A, restaurants located in the Third Street Promenade Area and the area bounded by 2nd Street to the west, Broadway to the north, 4th Street to the east, and Colorado to the south, may provide entertainment including but not limited to music, DJs, song, dance, stand-up comedy, and poetry readings for the patrons' enjoyment if they meet the following standards.
1. There is sit down meal service provided
at all times while the entertainment is taking place.
2. The entertainment is provided indoors only
within the dining areas.
3. Dancing shall be ancillary to the primary
restaurant use and temporary dance areas may be provided within portion(s)
of the dining area provided that seating for sit down meal service
is available for patrons at all times while dancing is taking place.
4. There is no cover charge or minimum drink
purchase requirement.
5. Establishment shall comply with SMMC Chapter
4.12 Noise, except that Section 4.21.140 Nightclubs, Bars and Establishments with Amplified Music, shall not apply.
C. A restaurant with entertainment beyond the scope of the limitations set forth in 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)
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.
A. 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.
B. Kitchen Facilities. Private
living quarters may have one-wall efficiency kitchen facilities, excluding
an oven and dishwasher.
C. Laundry Facilities. The development
shall provide laundry facilities or services adequate to meet the
needs of all residents.
D. 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:
1. Beauty salon and barber shop;
E. 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.
G. 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.
H. 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)
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.
A. 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.
B. Minimum Parcel Size. The minimum
parcel size for development of a Service Station is 15,000 square
feet.
C. Minimum Street Frontage. Each
parcel shall have a minimum street frontage of 100 feet on each abutting
street.
D. 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.
E. 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.
F. Canopies. Canopies shall be
located at least 5 feet from any property line.
G. 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.
H. Paving. The site shall be
entirely paved, except for buildings and landscaping.
I. Landscaping. The Service Station site shall be landscaped consistent with Chapter
9.26, Landscaping, and the following standards:
1. 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.
2. A landscaped planter at least 150 square
feet in area shall be provided at the intersection of 2 property lines
at a street corner.
3. 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.
J. 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.
K. 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.
L. Parking. Parking shall be provided according to the standards of Chapter
9.28, Parking, Loading, and Circulation, and the following:
1. Customer and employee parking shall not
be utilized for automobile repair, finishing work or storage of vehicles.
2. 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.
3. No vehicle that will be or has been serviced
may be parked on public streets, sidewalks, parkways, driveways or
alleys.
4. No vehicle may be parked on the premises
for the purpose of offering it for sale.
M. 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.
N. 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.
O. 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.
P. Convenience Markets. Convenience
Markets may be permitted on the site of a Service Station subject
to the following development standards:
1. The Convenience Market shall be designed
with materials compatible with the Service Station and surrounding
properties.
2. Arcade or game machines or other coin-operated
electronic machines are prohibited.
3. 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.
Q. Location of Activities. All
repair and service activities and operations shall be conducted entirely
within an enclosed service building, except as follows:
1. The dispensing of petroleum products, water,
and air from pump islands;
2. Replacement service activities such as
wiper blades, fuses, radiator caps, and lamps;
3. Minor repair work taking less than one
hour to perform;
4. 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;
5. 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
6. 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.
R. 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:
1. 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.
2. Refuse bins shall be provided and placed
in a location convenient for customers.
3. 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.
S. Equipment Rental. Rental of
equipment such as trailers and trucks as an accessory use shall be
permitted subject to the following restrictions:
1. The rental equipment does not occupy or
interfere with the required parking for the automobile Service Station;
2. The rental of the equipment is clearly
incidental and secondary to the main activity on the site; and
3. 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.
T. 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)
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:
A. Maximum Occupancy. Each SRO
unit shall be designed to accommodate a maximum of 2 persons.
B. 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.
C. Minimum Width. An SRO of one
room shall not be less than 12 feet in width.
D. Entrances. All SRO units must
be independently accessible from a single main entry, excluding emergency
and other service support exits.
E. 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.
F. Closet. Each SRO unit shall
have a separate closet.
G. 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.
H. Tenancy. Tenancy of SRO units
shall be for 30 or more days.
I. 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)
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.
A. 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.
B. 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.
C. Noise Attenuation Requirements.
1. 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.
2. All arcades shall comply with the City's noise ordinance, Chapter
4.12.
D. Maximum Number of Machines. The number of arcade or game machines shall not exceed one machine
per each 30 square feet of floor area.
E. 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.
F. Lighting. The arcade shall
be fully and adequately lighted for easy observation of all areas
of the premises.
G. 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.
H. Restrooms. Each arcade shall
provide at least one public restroom accessible to the disabled.
I. 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.
J. 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.
K. 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)
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:
A. Waiting Areas. Each center
shall include indoor waiting and intake areas for clients.
B. Hours of Operation. Centers
may be operated between the hours of 8:00 a.m. and 8:00 p.m.
C. Security.
1. 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.
2. Alarm System. A centrally monitored alarm system shall be installed and maintained
in good working order.
3. Staffing. On-site supervision must be provided at all times that the center
is in operation.
4. 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.
D. 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.
E. 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)
A. 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).
B. 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.
C. Duration of Use. Outdoor markets
may only operate once per month for no more than 2 consecutive days.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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.
I. 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.
J. Signage. Signage for the purpose of advertising the event shall be reviewed by the Architectural Review Board pursuant to Chapter
9.55.
K. 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.
L. 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)
A. This Section establishes standards and requirements for certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur. Temporary uses shall require approval of a Temporary Use Permit pursuant to Chapter
9.44 with the following exceptions:
1. Seasonal sales of holiday-related items
such as Christmas trees, pumpkins and similar items that have a duration
of not more than 45 consecutive calendar days and are conducted in
conjunction with an established retail commercial business holding
a valid City business license or conducted by a school or place of
worship;
2. Temporary carnivals, fairs, and festivals
with a duration of not more than 3 days when conducted by a school
or place of worship on land owned by the school or place of worship;
3. Art displays under the sponsorship of any
recognized art organization or accredited school on any parking lot
in any commercial or industrial district provided that the art display
is on a Saturday, Sunday, or holiday when the place or places of business,
which have control of the parking lot are not open for business on
the day the art display is to occur;
4. Trailers that provide residences for security
personnel associated with any approved construction site;
5. Construction offices where approved construction
projects are being diligently completed;
6. Yard sales limited to 2 per calendar year,
for each dwelling unit, for a maximum of 2 days each;
7. Events which occur in theaters, meeting
halls, or other permanent public assembly facilities;
8. Private social gatherings in private residences.
B. Temporary Uses Requiring a Temporary
Use Permit. Temporary uses may be permitted with the approval of a Temporary Use Permit, pursuant to Chapter
9.44, Temporary Use Permits, subject to compliance with the standards. Additional or more stringent requirements may be established through the Temporary Use Permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the City as a whole.
1. Stand-Alone Seasonal Sales. Seasonal sales of holiday related items such as Christmas
trees, pumpkins, and similar items conducted for a period not to exceed
45 consecutive calendar days.
2. Temporary Outdoor Sales. Temporary outdoor sales conducted by an established retail
commercial business holding a valid City business license, including,
but not limited to, grand opening events, sidewalk sales, and other
special sales events subject to the following standards:
a.
Temporary outdoor sales shall be
conducted by an established retail commercial business holding a valid
City business license for the same site.
b.
Outdoor display and sales areas must
be located on a paved or concrete area on the same parcel as the structure(s)
containing the business with which the temporary sale is associated.
c.
Location of the displayed merchandise
must not disrupt the normal circulation of the site, nor encroach
upon driveways, pedestrian walkways, or required landscaped areas,
or obstruct sight distances or otherwise create hazards for vehicle
or pedestrian traffic.
d.
Number of Events. No more than 4 events shall be allowed on any 1 site within any
12-month period, except sidewalk sales located on the public right-of-way
shall be limited to 2 events for periods not exceeding 3 consecutive
days each within any 12-month period. Business Improvement Districts
and Areas shall be exempt from the limitations on number of events.
3. Special Events. Other short-term special events, outdoor sales, art sales, and displays
that do not exceed 3 consecutive days, may be permitted in accordance
with the following standards:
a.
Location. Events
are limited to nonresidential districts.
b.
Number of Events. No more than 4 events shall be allowed on any 1 site within any
12-month period.
c.
Recreational Special Events. Short-term recreational special events shall be part of an existing
Commercial Recreation or Personal Service use located on the same
site.
d.
Carnivals, Fairs, and Festival
Events. Carnivals, fairs, and festival events are also subject
to the following standards:
i.
Location. Events are limited to areas
within commercial or employment districts, or on land owned by a school
or place of worship.
ii.
Time Limit. When located adjacent
to a Residential District, the hours of operation shall be limited
to 8:00 a.m. to 9:00 p.m.
4. Other Temporary Uses. The following temporary uses may also be permitted subject
to the approval of a Temporary Use Permit when conducted for a period
not to exceed 180 consecutive calendar days:
a.
Circuses and carnivals subject to
compliance with Article 6 of the Municipal Code;
b.
Fairs, festivals, and concerts, when
not held within premises designed to accommodate such events, such
as auditoriums, stadiums, or other public assembly facilities;
c.
Off-site contractors' construction
yards;
d.
Similar temporary uses or other temporary
uses supportive of economic recovery, which the Director has determined
will be compatible with the purposes of the district and surrounding
land uses;
e.
The Zoning Administrator may approve a single extension of a Temporary Use Permit under this subsection for an additional 180 days, subject to any additional operational conditions as deemed necessary, and subject to a finding that the operation of the approved temporary use at the location and within the time period specified operated in a manner that did not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare. Any proposed extension exceeding 180 days not meeting the requirements of this subsection be shall be subject to Minor Use Permit approval pursuant to Subsection
C below.
C. Temporary Uses Requiring a Minor
Use Permit. Other special events, temporary uses, outdoor sales, and displays not specifically limited under this Section that exceed 180 consecutive calendar days shall require the approval of a Minor Use Permit pursuant to Chapter
9.41, Minor Use Permits and Conditional Use Permits.
(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)