Development standards for the Downtown Community Plan area are
as prescribed in Chapter 4 of the Downtown Community Plan adopted
on July 25, 2017, which is hereby incorporated by reference. Where
Zoning Ordinance provisions are not specifically addressed by Chapter
4 of the Downtown Community Plan, the Zoning Ordinance shall apply.
Where there is conflict between compliance with Chapter 4 of the Downtown
Community Plan and the Zoning Ordinance, Chapter 4 of the Downtown
Community Plan shall control except where the conflicting Zoning Ordinance
provision was adopted through voter initiative in which case the initiative
shall control.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015; amended
by Ord. No. 2551CCS § 3, adopted August 8, 2017; Ord. No. 2742CCS § 2, adopted April 11, 2023)
Table 9.10.040 prescribes the land use regulations for Downtown
Districts. The regulations for each district are established by letter
designations below. These designations apply strictly to the permissibility
of land uses; applications for buildings or structures may require
discretionary review.
"P" designates permitted uses. Uses not listed in Table 9.10.040
may be permitted upon a determination by the Director, or designee,
that the use is similar to, and not more intrusive or disruptive than,
uses permitted in the District. Factors to be considered in making
this determination shall include, but are not limited to, maximum
parking requirements, operational characteristics, and prior determinations
on similar uses.
"L(#)" designates limited uses, which are permitted by right,
provided they comply with specific limitations listed at the end of
the table.
"MUP" designates use classifications that are permitted after
review and approval of a Minor Use Permit. Uses not listed in Table
9.10.040 may be permitted after review and approval of a Minor Use
Permit upon a determination by the Director, or designee, that the
use is similar to, and not more intrusive or disruptive than, a use
that requires an MUP in the District. Factors to be considered in
making this determination shall include, but are not limited to, maximum
parking requirements, operational characteristics, and prior determinations
on similar uses.
"CUP" designates use classifications that are permitted after
review and approval of a Conditional Use Permit. Uses not listed in
Table 9.10.040 may be permitted after review and approval of a Conditional
Use Permit upon a determination by the Director, or designee, that
the use is similar to, and not more intrusive or disruptive than,
a use that requires a CUP in the District. Factors to be considered
in making this determination shall include, but are not limited to,
maximum parking requirements, operational characteristics, and prior
determinations on similar uses.
" — " designates uses that are not permitted.
Land uses are defined in Chapter 9.51 ("Use Classifications") of Article 9 of the Santa Monica Municipal Code ("Zoning Ordinance"). Use classifications and sub-classifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disruptive than Permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance.
|
Use Classification
|
LT
|
NV
|
BC (Third Street Promenade Area)
|
BC (Excluding Third Street Promenade Area)
|
TA
|
OT
|
WT
|
Additional Regulations
| ||
|---|---|---|---|---|---|---|---|---|---|---|
|
Residential Uses
| ||||||||||
|
Residential Housing Types
|
See sub-classifications below.
| |||||||||
|
Accessory Dwelling Unit
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
| ||
|
Junior Accessory Dwelling Unit
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
| ||
|
Multiple-Unit Dwelling
|
P
|
P
|
L(1)
|
L(1)
|
P
|
P
|
P
|
Section 9.31.195, Multiple-Unit Dwelling Projects
| ||
|
Senior Citizen Multiple-Unit Residential
|
P
|
P
|
L(1)
|
L(1)
|
P
|
P
|
L(1)
|
Section 9.31.195, Multiple-Unit Dwelling Projects
| ||
|
Single-Room Occupancy Housing
|
L(1)
|
L(3)
|
L(1)
|
L(1)
|
L(1)
|
L(1)
|
L(1)
|
Section 9.31.330, Single Room Occupancy Structures
| ||
|
Group Residential
|
MUP
|
MUP, L(3)
|
MUP, L(1)
|
MUP, L(1)
|
MUP
|
MUP
|
MUP
| |||
|
Congregate Housing
|
P
|
MUP, L(3)
|
L(1)
|
CUP, L(1)
|
MUP
|
MUP
|
MUP
|
Section 9.31.110, Congregate and Transitional Housing
| ||
|
Senior Group Residential
|
P
|
MUP, L(3)
|
MUP, L(1)
|
MUP,L(1)
|
MUP, L(1)
|
MUP, L(1)
|
MUP,L(1)
|
Section 9.31.310, Senior Group Residential
| ||
|
Elderly and Long-Term Care
|
P
|
L(3)
|
L(1)
|
L(1)
|
L(1)
|
L(1)
|
L(1)
| |||
|
Emergency Shelters
|
L(6)/CUP
|
L(6)/CUP
|
CUP/L(1)
|
L(1), L(6)/CUP
|
L(6)/CUP
|
L(6)/CUP
|
L(6)/CUP
|
Section 9.31.130, Emergency Shelters
| ||
|
Family Day Care
|
See sub-classifications below.
| |||||||||
|
Large
|
L(1)
|
L(3)
|
L(1)
|
L(1)
|
L(1)
|
L(1)
|
L(1)
|
Section 9.31.140, Family Day Care, Large
| ||
|
Small
|
L(1)
|
L(3)
|
L(1)
|
L(1)
|
L(1)
|
L(1)
|
L(1)
| |||
|
Residential Facilities
|
See sub-classifications below.
| |||||||||
|
Residential Care, General
|
P
|
L(3)
|
L(1)
|
L(1)
|
P
|
L(1)
|
L(1)
|
Section 9.31.270, Residential Care Facilities
| ||
|
Residential Care, Limited
|
P
|
L(3)
|
L(1)
|
L(1)
|
P
|
L(1)
|
L(1)
| |||
|
Residential Care, Senior
|
P
|
L(3)
|
L(1)
|
L(1)
|
P
|
L(1)
|
L(1)
| |||
|
Hospice, General
|
P
|
L(3)
|
L(1)
|
L(1)
|
P
|
L(1)
|
L(1)
| |||
|
Hospice, Limited
|
P
|
L(3)
|
L(1)
|
L(1)
|
P
|
L(1)
|
L(1)
| |||
|
Supportive Housing
|
P
|
L(3)
|
L(1)
|
L(1)
|
L(1)
|
L(1)
|
L(1)
| |||
|
Transitional Housing
|
P
|
L(3)
|
L(1)
|
L(1)
|
L(1)
|
L(1)
|
L(1)
|
Section 9.31.110, Congregate and Transitional Housing
| ||
|
Public and Semi-Public Uses
| ||||||||||
|
Adult Day Care
|
L(1)
|
L(3)
|
L(1)
|
L(1)
|
L(1)
|
L(1)
|
L(1)
| |||
|
Child Care and Early Education Facilities
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
Section 9.31.120, Child Care and Early Education Facilities
| ||
|
Colleges and Trade Schools, Public or Private
|
CUP
|
L(1)
|
L(1)
|
L(1)
|
L(1)
|
L(1)
|
L(1)
| |||
|
Community Assembly
|
L(7)/CUP
|
CUP
|
L(15),L(25)
|
P
|
CUP
|
L(1)
|
L(7)/CUP
| |||
|
Community Gardens
|
P
|
P
|
L(25)
|
P
|
P
|
P
|
P
| |||
|
Cultural Facilities
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||
|
Hospitals and Clinics
|
P
|
P
|
L(1)
|
L(1)
|
P
|
-
|
P
| |||
|
Park and Recreation Facilities, Public
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||
|
Public Safety Facilities
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||
|
Schools, Public or Private
|
CUP
|
L(3)
|
L(1)
|
P
|
P
|
-
|
CUP
| |||
|
Social Service Centers
|
P
|
P
|
-
|
P
|
P
|
P
|
P
|
Section 9.31.350, Social Service Centers
| ||
|
Commercial Uses
| ||||||||||
|
Animal Care, Sales, and Services
|
See sub-classifications below.
| |||||||||
|
Grooming and Pet Stores
|
L(5)/CUP
|
L(5)/CUP
|
P
|
L(5)/CUP
|
L(5)/CUP
|
L(5)/CUP
|
L(5)/CUP
|
No more than 10 dogs or cats can be kept overnight
| ||
|
Pet Day Care Services
|
MUP
|
MUP
|
-
|
MUP
|
MUP
|
MUP
|
MUP
| |||
|
Veterinary Services
|
MUP
|
MUP
|
-
|
MUP
|
MUP
|
-
|
MUP
| |||
|
Automobile/Vehicle Sales and Service
|
See sub-classifications below.
| |||||||||
|
Alternative Fuels and Recharging Facilities
|
CUP/L(19)
|
CUP/L(19)
|
-
|
-
|
CUP/L(19)
|
-
|
-
| |||
|
Automobile Rental
|
L(10)
|
L(10)
|
L(10)
|
L(10)
|
L(10)
|
L(10)
|
L(10)
| |||
|
Automobile Storage Use
|
-
|
-
|
-
|
-
|
-
|
-
|
-
| |||
|
New Automobile/Vehicle Sales and Leasing
|
L(8),L(5)/CUP
|
L(8), L(5)/CUP
|
L(8), L(5)/CUP
|
L(8),L(5)/CUP
|
L(8),L(5)/CUP
|
-
|
-
| |||
|
Additions 7,500 sq. ft. or less to Automobile/Vehicle
Sales and Leasing buildings existing as of 7/06/2010
|
L(20)/MUP
|
-
|
-
|
-
|
-
|
-
|
-
|
Section 9.31.070 Automobile/Vehicle Sales, Leasing, and Storage
| ||
|
Additions larger than 7,500 sq. ft. to Automobile/Vehicle
Sales and Leasing buildings existing as of 7/06/2010
|
L(20)/CUP
|
-
|
-
|
-
|
-
|
-
|
-
| |||
|
Automobile/Vehicle Repair, Major
|
L(19)
|
-
|
-
|
-
|
-
|
-
|
-
| |||
|
Automobile/Vehicle Service and Repair, Minor
|
L(19)
|
-
|
-
|
-
|
-
|
-
|
-
| |||
|
Automobile/Vehicle Washing
|
L(19)
|
-
|
-
|
-
|
-
|
-
|
-
| |||
|
Service Station
|
L(19)
|
L(19)
|
-
|
-
|
L(19)
|
-
|
-
| |||
|
Towing and Impound
|
-
|
-
|
-
|
-
|
-
|
-
|
-
| |||
|
Banks and Financial Institutions
|
See sub-classifications below.
| |||||||||
|
Banks and Credit Unions
|
L(4)/CUP
|
L(3),L(5)/CUP
|
-
|
-
|
L(4)/CUP
|
L(4)/CUP
|
L(4)/CUP
| |||
|
Check Cashing Businesses
|
-
|
-
|
-
|
-
|
-
|
-
|
-
| |||
|
Business Services
|
L(5)/CUP
|
L(5)/CUP
|
L(15)
|
L(5)/CUP
|
L(5)/CUP
|
L(5)/CUP
|
L(5)/CUP
| |||
|
Commercial Entertainment and Recreation
|
See sub-classifications below.
| |||||||||
|
Cinemas & Theaters, up to 99 seats
|
-
|
CUP
|
L(24)
|
P
|
P
|
-
|
-
| |||
|
Cinemas & Theaters, more than 99 seats
|
-
|
-
|
L(24)
|
CUP
|
CUP
|
-
|
-
| |||
|
Convention and Conference Centers
|
CUP
|
CUP
|
P
|
CUP
|
CUP
|
CUP
|
CUP
| |||
|
Large-Scale Facility
|
L(21)/CUP
|
L(21)/CUP
|
L(21)/CUP, L(25)
|
L(21)/CUP
|
L(21)/CUP
|
-
| ||||
|
Small-Scale Facility
|
L(5)/CUP
|
L(5)/CUP
|
L(5)/CUP, L(25)
|
L(5)/CUP
|
L(5)/CUP
|
L(5)/CUP
|
L(5)/CUP
|
Section 9.31.340, Small Scale Facility
| ||
|
Fortunetelling
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||
|
Eating and Drinking Establishments
|
See sub-classifications below.
| |||||||||
|
Bars/Nightclubs/Lounges
|
CUP
|
CUP
|
L(26)
|
CUP
|
CUP
|
CUP(10)
|
-
| |||
|
Restaurants, Full-Service, Limited Service &
Take-Out (2,500 sq ft and smaller, including Outdoor Dining and Seating)
|
P
|
P
|
L(22)
|
P
|
P
|
P
|
P
|
Section 9.31.040, Alcoholic Beverage Sales
| ||
|
Restaurants, Full-Service, Limited Service &
Take-Out (2,501 - 5,000 sq. ft., including Outdoor Dining and Seating)
|
P
|
P
|
L(22)
|
P
|
P
|
P
|
P
|
Section 9.31.280, Restaurants, Limited Service, and Take-Out Only
| ||
|
Restaurants, Full-Service, Limited Service &
Take-Out (greater than 5,000 sq. ft., including Outdoor Dining and
Seating)
|
CUP
|
P
|
L(22)
|
P
|
P
|
P
|
CUP
|
Section 9.31.200, Outdoor Dining and Seating
| ||
|
Food Hall (up to 175 seats)
|
CUP
|
CUP
|
P
|
CUP
|
CUP
|
CUP
|
CUP
| |||
|
Equipment Rental
|
-
|
-
|
-
|
-
|
L(5)/CUP
|
-
|
-
| |||
|
Food and Beverage Sales
|
See sub-classifications below.
| |||||||||
|
Convenience Market
|
CUP
|
L(5)/CUP
|
L(5)/CUP
|
L(5)/CUP
|
L(5)/CUP
|
L(5)/CUP
|
-
|
Section 9.31.040, Alcoholic Beverage Sales
| ||
|
Farmer's Market
|
CUP
|
P
|
P
|
P
|
P
|
P
|
P
| |||
|
General Market
|
L(12)/CUP
|
L(12)/CUP
|
L(12)/CUP
|
L(12)/CUP
|
L(12)/CUP
|
L(12)/CUP
|
L(12)/CUP
|
Section 9.31.040, Alcoholic Beverage Sales
| ||
|
Liquor Stores
|
CUP
|
CUP
|
L(26)
|
CUP
|
CUP
|
CUP
|
-
| |||
|
Funeral Parlors and Mortuaries
|
CUP
|
-
|
-
|
-
|
-
|
-
|
-
| |||
|
Instructional Services
|
L(5)/CUP
|
L(3),L(5)/CUP
|
L(1), L(5)/CUP
|
L(5)/CUP
|
L(5)/CUP
|
L(1), L(5)/CUP
|
L(1),L(5)/CUP
| |||
|
Live-Work
|
L(13)
|
L(3)(13)
|
L(1)(13)
|
L(13)
|
L(13)
|
L(1)(13)
|
L(13)
|
Section 9.31.170, Live-Work Units
| ||
|
Lodging
|
See sub-classifications below.
| |||||||||
|
Bed and Breakfast
|
MUP
|
MUP
|
P
|
MUP
|
MUP
|
MUP
|
MUP
|
Section 9.31.090, Bed and Breakfasts
| ||
|
Hotels and Motels
|
CUP
|
CUP
|
P
|
CUP
|
CUP
|
CUP
|
CUP,L(19)
| |||
|
Maintenance and Repair Services
|
L(5)/CUP
|
-
|
-
|
-
|
-
|
-
|
-
| |||
|
Nurseries and Garden Centers
|
L(5)/CUP
|
L(5)/CUP
|
-
|
L(5)/CUP
|
L(5)/CUP
|
-
|
L(5)/CUP
|
Section 9.31.220, Outdoor Retail Display and Sales
| ||
|
Offices
|
See sub-classifications below.
| |||||||||
|
Business and Professional
|
L(14)/CUP
|
L(3), L(5)/CUP
|
L(1)
|
L(1)
|
L(3), L(5)/CUP
|
L(1)
|
L(1)
| |||
|
Creative
|
L(14)/CUP
|
L(3), L(5)/CUP
|
L(1)
|
L(1)
|
L(3), L(5)/CUP
|
L(1)
|
L(1)
| |||
|
Medical and Dental
|
L(14)/CUP
|
L(3), L(5)/CUP
|
P
|
L(1)
|
L(3), L(5)/CUP
|
L(1)
|
L(1)
| |||
|
Walk-In Clientele
|
L(14)/CUP
|
L(3), L(5)/CUP
|
P
|
L(1)
|
L(3), L(5)/CUP
|
L(1)
|
L(1)
| |||
|
Outdoor Newsstands
|
MUP
|
MUP
|
MUP
|
MUP
|
MUP
|
MUP
|
MUP
|
Section 9.31.210, Outdoor Newsstands
| ||
|
Parking, Public or Private
|
CUP
|
CUP
|
-
|
CUP
|
L(11)
|
-
|
CUP
| |||
|
Personal Services
|
See sub-classifications below.
| |||||||||
|
General Personal Services
|
L(5)/CUP
|
L(5)/CUP
|
P
|
L(5)/CUP
|
-
|
L(5)/CUP
|
Section 9.31.230, Personal Service
| |||
|
Physical Training
|
L(17), L(5)/CUP
|
L(17), L(5)/CUP
|
L(17), L(21)/CUP
|
L(17), L(5)/CUP
|
L(17), L(5)/CUP
|
L(17), L(5)/CUP
|
L(17), L(5)/CUP
| |||
|
Tattoo or Body Modification Parlor
|
MUP
|
MUP
|
P
|
MUP
|
MUP
|
MUP
|
-
|
Section 9.31.230, Personal Service
| ||
|
Retail Sales
|
See sub-classifications below.
| |||||||||
|
Building Materials Sales and Services
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
Section 9.31.220, Outdoor Retail Display and Sales
| ||
|
General Retail Sales, Scale
|
L(5)/CUP
|
L(5)/CUP
|
P
|
L(5)/CUP
|
L(5)/CUP
|
L(5)/CUP
|
L(5)/CUP
| |||
|
General Retail Sales, Medium-Scale
|
CUP
|
CUP
|
P
|
CUP
|
CUP
|
-
|
CUP
| |||
|
General Retail Sales, Large-Scale
|
-
|
-
|
-
|
-
|
-
|
-
|
-
| |||
|
Medicinal Cannabis Retailers
|
CUP
|
-
|
-
|
-
|
-
|
-
|
-
|
Section 9.31.185, Medical Marijuana Dispensaries
| ||
|
Pawn Shops
|
-
|
-
|
-
|
-
|
-
|
-
|
-
| |||
|
Swap Meets
|
-
|
-
|
-
|
-
|
-
|
-
|
-
| |||
|
Industrial Uses
| ||||||||||
|
Artist's Studio
|
P
|
P
|
L(2)
|
L(1)
|
P
|
P
|
P
| |||
|
Commercial Kitchens
|
-
|
-
|
-
|
CUP
|
-
|
-
| ||||
|
Industry, Limited
|
-
|
-
|
L(2),L(23)
|
-
|
-
|
-
|
-
| |||
|
Media Production
|
See sub-classifications below.
| |||||||||
|
Support Facilities
|
L(14)/CUP
|
L(3),L(5)/CUP
|
L(1)
|
L(1)
|
L(3), L(5)/CUP
|
L(1)
|
L(1)
| |||
|
Transportation, Communication, and Utilities Uses
| ||||||||||
|
Bus/Rail Passenger Stations
|
P
|
P
|
P
|
P
|
P
|
-
|
P
| |||
|
City Bike Share Facility
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||
|
Communication Facilities
|
See sub-classifications below.
| |||||||||
|
Antennas and Transmission Towers
|
-
|
-
|
-
|
-
|
-
|
-
|
-
| |||
|
Equipment within Buildings
|
-
|
-
|
-
|
-
|
-
|
-
|
-
| |||
|
Light Fleet-Based Services
|
-
|
-
|
-
|
-
|
MUP
|
-
|
-
| |||
|
Utilities, Major
|
L(18)
|
-
|
-
|
-
|
-
|
-
|
-
| |||
|
Utilities, Minor
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||
|
Specific Limitations:
| ||||||||||
|
(1)
|
Limited to upper floors, and on the ground floor where the entire
tenant space shall be located at least 25 feet from the front property
line, except for residential units shall be limited to upper floors
only.
| |||||||||
|
(2)
|
A minimum depth of 25 feet from the front parcel line adjacent
to a street for the entire ground-floor street frontage shall be designed
to accommodate interactive uses. For purposes of this limitation,
interactive uses shall be commercial uses with an interactive element,
including, but not limited to, retail sales, exhibitions, displays,
demonstrations, or instruction.
| |||||||||
|
(3)
|
Between 4th and 7th Court, permitted in mid-block parcels on
the ground floor and upper floors. On all other parcels, permitted
anywhere on the ground floor if the space has street frontage and
was occupied by office on, or is vacant but was occupied by office
in the 12 months preceding the date the Ordinance codified in this
Section is effective; otherwise, permitted on upper floors and on
the ground floor where the entire tenant space including the primary
entry is located at least 50 feet from the front property line.
| |||||||||
|
(4)
|
Permitted except no ground floor tenant space shall exceed 20
linear feet of ground floor street frontage without a Conditional
Use Permit.
| |||||||||
|
(5)
|
Permitted if within buildings existing as of the date the Ordinance
codified in this Chapter is effective. Permitted in new buildings,
except:
| |||||||||
|
(a)
|
No individual ground floor tenant space shall occupy more than
7,500 square feet of floor area and/or exceed 50 linear feet of ground
floor street frontage without a Conditional Use Permit.
| |||||||||
|
(b)
|
Ground floor tenant spaces in the Santa Monica Place are not
subject to size limitations.
| |||||||||
|
(6)
|
Limited to shelters containing less than 55 beds; Conditional
Use Permit required for emergency shelters with 55 or more beds.
| |||||||||
|
(7)
|
Any community assembly facility abutting a residential district
shall require approval of a Conditional Use Permit.
| |||||||||
|
(8)
|
Limited to automobile/vehicle dealer showrooms only which must
display 1 alternative fuel automobile/vehicle if such an automobile/vehicle
is available in the dealer's fleet, and limited to 6 showrooms
in the Third Street Promenade Area.
| |||||||||
|
(9)
|
(Reserved)
| |||||||||
|
(10)
|
Permitted as an ancillary use to support a primary use.
| |||||||||
|
(11)
|
Limited to public parking facilities only.
| |||||||||
|
(12)
|
General markets greater than 15,000 square feet require approval
of a Conditional Use Permit, except general markets in the Mixed-Use
Boulevard district greater than 25,000 square feet require approval
of a Conditional Use Permit.
| |||||||||
|
(13)
|
If the commercial use requires a MUP or CUP, an application shall be required in accordance with SMMC, Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the live-work unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from users that generate airborne particulates in a unit with an unenclosed kitchen.
| |||||||||
|
(14)
|
All new construction requires approval of a Conditional Use
Permit or permitted if within buildings existing as of the date the
ordinance codified in this Chapter is effective, except:
| |||||||||
|
(a)
|
New additions of 50% or more additional square footage to an
existing building at any one time, or incrementally, after the effective
date of the ordinance codified in this Chapter, requires approval
of a Conditional Use Permit.
| |||||||||
|
(b)
|
No ground floor, street-fronting, non-office or non-media production
support facility use, non-medical or non-dental office use tenant
space shall be changed into an individual office use or a media production
support facility use, or individual medical or dental office use occupying
more than 7,500 square feet of floor area and/or exceeding 50 linear
feet of street frontage without the approval of a Conditional Use
Permit.
| |||||||||
|
(15)
|
Limited to the ground floor with frontage along 2nd Court and
3rd Court alleys or to upper floors.
| |||||||||
|
(16)
|
Limited to public parking facilities only.
| |||||||||
|
(17)
|
Youth-serving personal services, physical training requires
review and approval of passenger loading and drop-off plan by the
Director.
| |||||||||
|
(18)
|
Limited to electric distribution substations.
| |||||||||
|
(19)
|
Limited to legally established existing uses as of the date
this Specific Plan is effective.
| |||||||||
|
(20)
|
Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships conforming to the urban auto dealership format standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing and Storage are permitted. Expansions to existing dealerships of 7,500 square feet or less that do not conform to the urban auto dealership format standards shall require an MUP. Expansions to existing dealerships larger than 7,500 square feet that do not conform to the urban auto dealership formal standards shall require a CUP.
| |||||||||
|
(21)
|
Except in Santa Monica Place, no individual fitness center tenant
space shall exceed 100 linear feet of ground floor street frontage
without the approval of a Conditional Use Permit.
| |||||||||
|
(22)
|
Restaurant, limited-service and take-out establishments with
frontage on the Third Street Promenade and the following characteristics
shall be prohibited:
| |||||||||
|
(a)
|
More than 150 locations nationwide at the time that the application
for the establishment is deemed complete by the City; and
| |||||||||
|
(b)
|
Characteristics, including, but not limited to, orders placed
at a walk-up window, counter, or machine; payment prior to food consumption;
and food served with disposable, one-time, or limited-use wrapping,
containers, or utensils.
| |||||||||
|
(23)
|
Excludes commercial laundries and dry cleaning plants, monument
works, medicinal cannabis, and medicinal cannabis products.
| |||||||||
|
(24)
|
Permitted use. Additionally, outdoor rooftop cinemas/theaters
are permitted, limited only to the rooftops on City-owned parking
structures.
| |||||||||
|
(25)
|
Permitted as an outdoor use limited only to the rooftops on
City-owned parking structures.
| |||||||||
|
(26)
|
Permitted, subject to obtaining an alcohol exemption pursuant to Section 9.31.040(D)(2). If no alcohol exemption is obtained, a Conditional Use Permit is required.
| |||||||||
(Added by Ord. No. 2551CCS §
3, adopted August 8, 2017; amended
by Ord. No. 2606CCS § 4, adopted April 9, 2019; Ord. No. 2649CCS § 13, adopted September 8, 2020; Ord. No. 2661CCS § 2, adopted January 26, 2021; Ord. 2867CCS §
2, adopted January 11, 2022; Ord. No. 2726CCS § 4, adopted October
25, 2022; Ord. No. 2742CCS § 2, adopted April 11, 2023; Ord. No. 2754CCS, adopted August 22, 2023; Ord. No. 2761CCS, adopted October 10, 2023; Ord. No. 2764CCS, adopted November 14, 2023)
Any proposed conversion of parking area to accommodate an outdoor
rooftop commercial use on the top-level of an existing City-owned
parking structure within the Third Street Promenade Area shall be
subject to the following:
A.
Excluded as Floor Area and From Floor Area Ratio. Any
unenclosed rooftop parking areas on City-owned parking structures
that are converted to and utilized as outdoor rooftop commercial space
as permitted in the District, including any new enclosed structures
supportive of such permitted uses erected within the converted parking
area including, but not limited to, temporary or permanent restroom
facilities, concession stands, and storage structures, shall be excluded
from floor area and floor area ratio requirements.
B.
Allowable Height Projections. Maximum height projections as measured from the finished parking surface level, including any deck-leveling surfaces as required, shall be allowed as set forth in Section 9.21.060(A).
C.
Applicability Certain Land Use and Zoning Related Provisions. Notwithstanding anything to the contrary in Chapters 9.65, Child Care Linkage Program, 9.66, Transportation Impact Fee Program, 9.67, Parks and Recreation Development Impact Fee Program, and 9.68, Affordable Housing Commercial Linkage Fee Program, for purposes of determining applicability, conversion of rooftop parking area on City-owned parking structures to outdoor rooftop commercial use shall not be considered a "project" and shall not be subject to associated impact fees.
(Added by Ord. No. 2754CCS, adopted August 22, 2023; amended by Ord.
No. 2761CCS, adopted October 10, 2023)
A.
Purpose. The purpose of this Section is to implement LUCE
policies which require that as development is approved above the base
FAR and height, it must be accompanied by a range of community benefits
from 4 priority categories: Affordable Housing, Trip Reduction and
Traffic Management, Community Physical Improvements, and Social and
Cultural Facilities. In addition to promoting the development of additional
affordable housing and to maintaining existing City programs that
provide incentives for the production of affordable housing, these
requirements are intended to reduce the additional burdens more intense
development allowed by the General Plan will impose on the City by
requiring applicants to pay additional fees to mitigate project impacts
or, in specific instances, allowing applicants to incorporate features
into their projects.
B.
Applicability.
1.
The
requirements of this Chapter apply to all projects involving new development
and additions that are not housing projects, as defined by Section
9.52.020.1125, and for which applicants propose to exceed the Tier
1 maximum allowable base floor area or height.
2.
Pursuant
to Section 9.10.030(D), Development Agreements and Planning Applications
submitted on or before November 11, 2016, shall have a vested right
to proceed without complying with the Downtown Community Plan except
that they shall be subject to the following affordable requirements:
C.
Qualifying Benefits for Tier 2 and Tier 3 Projects with Residential
Uses. An applicant seeking approval for a project that is not
a housing project, as defined by Section 9.52.020.1125, but proposes
residential uses shall comply with the following requirements.
1.
Housing. All Tier 2 and Tier 3 projects that
propose to include dwelling units must meet the following requirements:
a.
Affordable Housing. Subject to the modifications contained in this Section 9.10.070, all of the affordable units shall comply with the provisions of Chapter 9.64, Affordable Housing Production Program. Applicants proposing residential and mixed-use residential projects shall incorporate on-site or off-site affordable housing units as set forth in Table 9.10.070.A.
|
TABLE 9.10.070.A: ON-SITE AND OFF-SITE AFFORDABLE HOUSING REQUIREMENTS
| ||
|---|---|---|
|
Tier
|
On-Site Affordable Housing %
|
Off-Site Affordable Housing %
|
|
Tier 2
|
20%
|
25%
|
|
Tier 3
|
25%
|
30%
|
i.
Affordable housing units may be provided off site pursuant to Section 9.64.060, except that the total number of affordable housing units shall be increased to the percentage of the total number of units in the project as set forth in Table 9.10.070.A. The off-site affordable housing units shall meet the following conditions:
(1)
The affordable housing units are owned in whole or part and
operated by a nonprofit housing provider for the life of the project;
(2)
The Final Construction Permit Sign Off or Certificate of Occupancy
for the affordable units is issued prior to or concurrently with the
project containing the market-rate units; and
ii.
The total number of affordable housing units shall incorporate the
affordability mix specified in Table 9.10.070.B. Any fractional affordable
housing units that result from the percentage mix of total affordable
housing units shall be aggregated into whole affordable housing units
(i.e., any resulting fraction shall be added to other resulting fractions).
The resulting whole units may be provided at 50%, 80%, or moderate-income
household affordability levels.
|
TABLE 9.10.070.B AFFORDABILITY
| ||
|---|---|---|
|
Affordability Level
|
Affordability Mix for Affordable Housing Units in Tier 2 Projects
|
Affordability Mix for Affordable Housing Units in Tier 3 Projects
|
|
50% Income Household
|
10%
|
10%
|
|
80% Income Household
|
5%
|
10%
|
|
Moderate Income
|
5%
|
5%
|
iii.
An affordable housing unit shall have a minimum total floor area
of no less than the average floor area of comparable market rate units
in the project.
b.
Unit Mix. Applicants proposing Tier 2 and Tier 3
projects with dwelling units shall incorporate the following:
ii.
For affordable housing units:
(1)
The unit mix percentage for affordable two- and three-bedroom
housing units shall be equal to or greater than the unit mix percentage
required for the corresponding market rate units pursuant to subsection
(C)(1)(b)(i) of this Section;
(2)
The unit mix percentage for studio affordable housing units
shall not exceed 15% of the total number of affordable units; and
(3)
Affordable housing units shall be no smaller than the average
size of comparable market rate units in the project.
2.
Transportation Impact Fee. All Tier 2 and
Tier 3 projects shall pay an additional transportation impact fee
(TIF) of 90% of the maximum allowable fee established in the Transportation
Impact Fee nexus study, for that portion of the floor area above the
maximum Tier 1 floor area allowed by the Downtown Community Plan.
3.
Open Space. All Tier 2 and Tier 3 projects
shall pay an additional parks and recreation development impact fee
of 90% of the maximum allowable fee established in the Parks and Recreation
Fee nexus study for that portion of the floor area above the maximum
Tier 1 floor area allowed by the Downtown Community Plan.
4.
Affordable Housing Commercial Linkage Fee. All Tier 2 and Tier 3 commercial portions of mixed-use projects shall pay a housing mitigation fee 23% above the base fee as required by Chapter 9.68, Affordable Housing Commercial Linkage Fee Program, for that portion of the floor area above the maximum Tier 1 floor area allowed by the Downtown Community Plan.
5.
Transportation Demand Management. All Tier 2 and Tier 3 projects shall include the following Transportation Demand Management measures in addition to those required by Chapter 9.53, Transportation Demand Management:
D.
All Other Tier 2 and Tier 3 Projects Qualifying Benefits. An
applicant seeking approval for Tier 2 and Tier 3 projects up to 30,000
square feet that are not housing projects, as defined by Section 9.52.020.1125,
and do not propose any residential uses, that exceed the base floor
area or height allowed in the district where the project is located
shall provide community benefits in each of the following categories.
1.
Impact Fees.
a.
Affordable Housing Commercial Linkage Fee. Tier 2 and Tier 3 up to 30,000 square feet – Projects shall pay a housing mitigation fee 23% above the base fee as required by Chapter 9.68, Affordable Housing Commercial Linkage Fee Program, for that portion of the floor area above the maximum Tier 1 floor area allowed by the Downtown Community Plan.
b.
Transportation Impact Fee. Tier 2 and Tier 3 up to 30,000 square feet – Projects shall pay an additional transportation impact fee (TIF) 23% above the base fee required by Chapter 9.66, Transportation Impact Fee Program, for that portion of the floor area above the maximum Tier 1 floor area allowed by the Downtown Community Plan.
c.
Open Space. Tier 2 and Tier 3 up to 30,000 square feet. Projects shall pay an additional parks and recreation development impact fee 23% above the base fee required by Chapter 9.67, Parks and Recreation Fee Program, for that portion of the floor area above the maximum Tier 1 floor area allowed by the Downtown Community Plan.
(Added by Ord. No. 2551CCS §
3, adopted August 8, 2017; amended
by Ord. No. 2606CCS § 5, adopted April 9, 2019; Ord. No. 2648CCS § 2, adopted September 8, 2020; Ord. No. 2742CCS § 2, adopted April 11, 2023)
