Article 16.5 — RESTRICTED USES IN PEDESTRIAN ORIENTED AREAS

The city's urban design policies call for an urban village design in certain retail areas to promote pedestrian usage. The city council finds that it is necessary to restrict the uses within these areas in order to preserve the urban village atmosphere and promote pedestrian friendly development. The city council further finds that it is necessary and desirable to protect the public health, safety and general welfare to prevent the commercial spaces in these areas from being dominated by nonretail uses in order to preserve the city's retail tax base and ensure the city's continued ability to provide essential services to its residents. (Ord. 81-O-1784, eff. 3-18-1981; amd. Ord. 02-O-2391, eff. 3-8-2002)

For the purposes of this article, the following words and phrases shall have the following meanings: GROUND FLOOR: Any floor level located within a vertical distance of eight feet (8') above the curb level or five feet (5') below the curb level of the adjacent street.

NONRETAIL USE: Any use not defined as a "retail use" pursuant to this article, including, without limiting the foregoing definition, banks, financial lending institutions, real estate offices, title companies, escrow companies, professional offices (e.g., accountants, architects, lawyers or travel agents), manufacturing uses, medical laboratories

and offices, hospitals, dry cleaners, veterinary clinics, tailors, spas without a retail component, exercise or health clubs and private training centers, and motion picture plants or studios, but excluding hotels. RESTRICTED USE: Any nonretail use or car dealer.

RETAIL USE: A use which carries on as its principal business the selling of tangible commodities, goods, merchandise or wares, including the selling of food and beverages, directly to the ultimate consumers. For the purposes of this article, notwithstanding and without limiting the foregoing definition, "retail use" shall include restaurants, bars, nightclubs, theaters, beauty shops, nail salons, and spas with a retail component, and retail businesses as defined in section 10-3-100 of this chapter, but shall exclude car dealers. (Ord. 81-O-1784, eff. 3-18-1981; amd. Ord. 02-O-2391, eff. 3-8-2002; Ord. 11-O-2602, eff. 2-11-2011)

The following areas, as shown on the pedestrian oriented areas map on file in the department of planning and community development, are hereby designated as "pedestrian oriented areas":

A. South Beverly Drive To Gregory Way: All those parcels east of the first alley running parallel to and west of South Beverly Drive, and all those parcels west of the first alley running parallel to and east of South Beverly Drive from Wilshire Boulevard to Gregory Way, including those parcels having frontage on Wilshire Boulevard and located on the southeast and southwest corners of the intersection of Beverly Drive and Wilshire Boulevard and those parcels having frontage on Gregory Way and located on the northeast and northwest corners of the intersection of South Beverly Drive and Gregory Way.

B. North Beverly Drive To Santa Monica Boulevard: All those parcels east of the first alley running parallel to and west of North Beverly Drive, and all those parcels west of the first alley running parallel to and east of North Beverly Drive, from Wilshire Boulevard to Santa Monica Boulevard, including those parcels having frontage on Wilshire Boulevard and located on the northeast and northwest corners of the intersection of Beverly Drive and Wilshire Boulevard and those parcels having frontage on the south side of the south roadway of Santa Monica Boulevard and located on the southeast and southwest corners of the intersection of North Beverly Drive and Santa Monica Boulevard (south roadway).

C. North Cañon Drive To Santa Monica Boulevard: All those parcels east of the first alley running parallel to and west of North Cañon Drive, and all those parcels west of the first alley running parallel to and east of North Cañon Drive, from Wilshire Boulevard to Santa Monica Boulevard, including those parcels having frontage on Wilshire Boulevard and located on the northeast and northwest corners of the intersection of Cañon Drive and Wilshire Boulevard and those parcels having frontage on the south side of the south roadway of Santa Monica Boulevard and located on the southeast and southwest corners of the intersection of North Cañon Drive and Santa Monica Boulevard (south roadway).

D. North Rodeo Drive To Santa Monica Boulevard: All those parcels east of the first alley running parallel to and west of North Rodeo Drive, and all those parcels west of the first alley running parallel to and east of North Rodeo Drive, from Wilshire Boulevard to Santa Monica Boulevard, including those parcels having frontage on Wilshire Boulevard and located on the northeast and northwest corners of the intersection of Rodeo Drive and Wilshire Boulevard and those parcels having frontage on the south side of the south roadway of Santa Monica Boulevard and located on the southeast and southwest corners of the intersection of North Rodeo Drive and Santa Monica Boulevard (south roadway).

ing those parcels having frontage on Wilshire Boulevard and located on the northeast and northwest corners of the intersection of Rodeo Drive and Wilshire Boulevard and those parcels having frontage on the south side of the south roadway of Santa Monica Boulevard and located on the southeast and southwest corners of the intersection of North Rodeo Drive and Santa Monica Boulevard (south roadway).

E. Brighton Way: All those parcels having frontage on Brighton Way from Cañon Drive to Wilshire Boulevard, including those parcels having frontage on Wilshire Boulevard and located on the northeast and northwest corners of the intersection of Brighton Way and Wilshire Boulevard.

F. Dayton Way: All those parcels having frontage on Dayton Way from Cañon Drive to Wilshire Boulevard, including those parcels having frontage on Wilshire Boulevard and located on the northeast and southeast corners of the intersection of Dayton Way and Wilshire Boulevard. (Ord. 81-O-1784, eff. 3-18-1981; amd. Ord. 02-O-2391, eff. 3-8-2002)

A. No use other than a retail use or a hotel shall occupy a space with more than twenty five feet (25') of street frontage on the ground floor of any building or structure located in a pedestrian oriented area.

B. Notwithstanding subsection A of this section, for any building or structure situated at the corner of two (2) streets located in a pedestrian oriented area and with frontage on both streets, a use other than a retail use or a hotel may occupy a space with up to twenty five feet (25') of ground floor street frontage on each street for a total ground floor street frontage of up to fifty feet (50').

C. Medical uses shall be prohibited in a pedestrian oriented area except as allowed pursuant to section 10-3-1620.1 of this chapter.

D. Those portions of licensed pharmacies devoted to dispensing prescription medicine shall be prohibited on the ground floor of buildings within the first thirty feet (30') behind the storefront facing a street.

E. Non-storefront, delivery-only medical cannabis retail uses, as defined in Section 10-3-4701, shall be prohibited in a pedestrian oriented area. (Ord. 11-O-2602, eff. 2-11-2011; amd. Ord. 23-O-2881, eff. 11-17-2023)

A. Notwithstanding any other provision of this article, the director of planning and community development may issue a minor accommodation pursuant to the provisions of article 36 of this chapter to authorize a restricted use to occupy a space in a pedestrian oriented area with a width of up to thirty feet (30') provided that the director makes the following findings:

1. The proposed restricted use is compatible with and will not result in any substantial adverse impacts to surrounding uses;

2. Granting the request for a minor accommodation will leave ample space available for future retail uses and will not result in an overconcentration of nonpedestrian oriented uses in the block in which the proposed restricted use will be located;

3. The architectural style of the facade for the proposed restricted use is compatible with adjacent development and is consistent with the city's urban design policies;

4. A restricted use is appropriate for the proposed space because:

a. Structural constraints imposed by the design of the building are unduly restrictive on the use of the subject lease space thereby limiting the opportunity for retail or hotel uses in the proposed space; or

b. The configuration of the building in which the proposed space is located is not suited to pedestrian oriented retail uses and does not contribute to the pedestrian experience.

B. Notwithstanding any other provision of this article, the planning commission may issue a conditional use permit pursuant to the provisions of article 38 of this chapter to allow a restricted use to occupy any space subject to the provisions of this article. In addition to considering the criteria for conditional use permits set forth in article 38 of this chapter, the planning commission shall make the following findings:

1. The proposed restricted use is compatible with and will not result in any substantial adverse impacts to surrounding uses;

2. Granting the request for a conditional use permit will not result in an overconcentration of nonpedestrian oriented uses in the block in which the proposed restricted use will be located;

3. Granting the request for a conditional use permit will not adversely impact the public health, safety or general welfare and will leave ample space available for future retail growth in designated pedestrian oriented areas;

4. The configuration of the building in which the proposed space is located is not suited to pedestrian oriented retail uses and does not contribute to the pedestrian experience. (Ord. 81-O-1784, eff. 3-18-1981; amd. Ord. 02-O2391, eff. 3-8-2002)