O27921
City Council Meeting: October 8, 2024 Santa Monica, California
ORDINANCE NUMBER 2792 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO
AMEND THE TEXT OF THE CITY’S ZONING ORDINANCE FOR CONSISTENCY
WITH THE GOALS, POLICIES, AND PROGRAMS SET FORTH IN THE 6TH CYCLE
(2021-2029) HOUSING ELEMENT; TO ALLOW FOR THE SEPARATE
CONVEYANCES OF ACCESSORY DWELLING UNITS IN ACCORDANCE WITH AB
1033; INCORPORATE INTERIM ZONING REGULATIONS AUTHORIZING THE
ESTABLISHMENT OF OBJECTIVE DESIGN STANDARDS FOR HOUSING
PROJECTS THAT QUALIFY FOR THE STREAMLINED MINISTERIAL APPROVAL
ESTABLISHED BY SB 35; INTEGRATE DEVELOPMENT STANDARDS AND LAND
USE REGULATIONS FOR THE BERGAMOT AREA PLAN, WITH AMENDMENTS FOR
CONSISTENCY WITH THE GOALS, POLICIES, AND PROGRAMS SET FORTH IN
THE 6TH CYCLE HOUSING ELEMENT, UPDATES TO DEVELOPMENT STANDARDS
FOR NON-HOUSING PROJECTS, AND OTHER MINOR AMENDMENTS FOR
CONSISTENCY WITH THE ZONING ORDINANCE; FOR CONSISTENCY WITH
RECENT UPDATES TO STATE HOUSING LAW; AND MAKING OTHER MINOR
CHANGES, CORRECTIONS, AND CLARIFICATIONS
WHEREAS, the Housing Element Law, California Government Code sections
65580 et seq., requires the City to review and update the Housing Element of its General
Plan every eight years; and
WHEREAS, on October 11, 2022, the City Council conducted a duly-noticed public
hearing to consider adopting the amended 6th Cycle Housing Element, and after
considering all oral and written testimony, adopted Resolution Number 11469 (CCS),
adopting an amended 6th Cycle Housing Element, which was certified by the State on
October 14, 2022; and
WHEREAS, the Housing Element includes a variety of programs intended to
achieve goals and policies related to new housing production for all income categories
and the preservation of existing housing, ensuring there is equitable housing access to
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all neighborhoods, housing for the homeless, including housing assistance and
supportive services to low-income households, and eliminating housing discrimination;
and
WHEREAS, the Housing Element requires the City to implement certain programs
through amendments to the Land Use and Circulation Element of the General Plan, the
Bergamot Area Plan, the Downtown Community Plan, and the Zoning Ordinance in
phases, subject to specified deadlines, to ensure consistency with the goals, policies, and
programs set forth in the 6th Cycle Housing Element; and
WHEREAS, on March 21, 2023, the City Council conducted a duly-noticed public
hearing and, after considering after considering all oral and written testimony, introduced
for first reading Ordinance Number 2742 (CCS) to implement the first phase of the
certified Housing Element Programs, including Programs 1.A, 1.F, 1.J, 2.C, 2.D, and 4.A
of the 6th Cycle Housing Element, which provided for streamlined approvals of housing
projects, streamlined design review of housing projects, revised development standards
for housing projects, modified inclusionary requirements in the City’s Affordable Housing
Production Program, and an updated the Density Bonus Ordinance, which was adopted
by the City Council on April 11, 2023; and
WHEREAS, the second phase of implementation programs for the 6th Cycle
Housing Element is due by either October 2024 or December 2024, per the commitment
in the adopted 6th Cycle Housing Element; and
WHEREAS, the City now desires to undertake the second phase of
implementation for consistency with the goals, policies, and programs set forth in the 6th
Cycle Housing Element, including all or portions of: Programs 1.B (Streamline the
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Architectural Review Process); 1.E (Revise the Design Standards in the Bergamot Area
Plan); 1.H (Adaptive Reuse); 1.I (Innovations in Construction Technology); 2.B (Right of
First Offer Ordinance); 2.C (Update the City’s Affordable Housing Production Program –
Part 2); 2.I (Zoning for Variety of Housing Types); 3.A (Restrict the Removal of Existing
Rental and Protected Units); 3.E (Maintain a Low Income Residential Repair Program);
and 5.B (Low Barrier Navigation Centers As By-Right Use); and
WHEREAS, since City Council’s adoption of the Housing Element, the State has
enacted a variety of housing laws and provided additional guidance designed to further
combat the state’s housing crisis; and
WHEREAS, Assembly Bill (“AB”) 1033, enacted October 11, 2023, authorizes a
local agency to adopt a local ordinance to allow the separate conveyance of the primary
dwelling unit and accessory dwelling unit (“ADU”) or ADUs as condominiums; and
WHEREAS, on October 24, 2023, the City Council gave staff direction to draft an
ordinance in line with AB 1033 to allow the separate conveyance of a primary dwelling
unit and ADUs as condominiums, and
WHEREAS, Senate Bill (“SB”) 35, passed in 2017 by the California State
Legislature and most recently amended by AB 423 in 2023, provides qualifying housing
projects the opportunity to opt in to a streamlined, ministerial approval process through
which a housing project is only reviewed against objective zoning and design review
standards; and
WHEREAS, SB 35 applies to jurisdictions that do not have a compliant Housing
Element or have not met their Regional Housing Needs Assessment (“RHNA”) goal for
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construction of above-moderate income housing and/or housing for households below
80% area median income (AMI); and
WHEREAS, on June 30, 2023, HCD determined that Santa Monica fell behind on
addressing Lower-Income housing needs for the City’s 5th Cycle (2013-2021) Housing
Element, and, therefore, Santa Monica was subject to SB 35 for housing projects that
include more than 50% of their units as affordable units and elect to comply with all the
other requirements of SB 35; and
WHEREAS, on December 19, 2023, the City Council adopted Emergency Interim
Zoning Ordinance (“EIZO”) Number 2772, authorizing Council to establish, by Resolution,
objective design standards for housing projects that qualify for the streamlined, ministerial
approval process established by SB 35; and
WHEREAS, on February 13, 2024, the City Council adopted EIZO 2777, extending
the EIZO 2772; and
WHEREAS, as of June 3, 2024, however, HCD determined that Santa Monica is
no longer subject to SB 35 (now SB 423) streamlining requirements based on the last
Annual Progress Report submitted to HCD; and
WHEREAS, nonetheless, should the City be subject to SB 35 in the future, the City
desires to integrate the provisions of EIZO 2772 as extended by EIZO 2777 into the
Zoning Ordinance; and
WHEREAS, on March 25, 2024, the State enacted SB 477, which makes
nonsubstantive changes and reorganizes various provisions related to the creation and
regulation of ADUs and junior ADUs; and
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WHEREAS, on October 11, 2023, the State enacted SB 684, which became
effective July 1, 2024, and requires a local agency to ministerially consider, without
discretionary review or a hearing, a parcel map or a tentative and final map for a housing
development project that meets specified requirements, including that the housing
development project consists of 10 or fewer residential units, meets certain minimum
parcel size and density requirements, and is located on a lot zoned for multifamily
residential development that is no larger than 5 acres; and
WHEREAS, Assembly Bill 602 was passed in 2021 and came into effect on
January 1, 2022, imposes certain requirements on local agencies regarding the
establishment and implementation of Development Impact Fees, including a requirement
that applicable fees be collected upon the issuance of a certificate of occupancy or final
inspection, whichever occurs last; and
WHEREAS, the City’s development impact fees were established prior to the
enactment of AB 602, and amendments to the Zoning Ordinance are necessary to ensure
consistency with AB 602’s timing requirements; and
WHEREAS, on May 8, 2024, in accordance with Santa Monica Municipal Code
section 9.46.030(B), the Planning Commission adopted a Resolution of Intention,
Resolution Number 24-003 (PCS), declaring its intention to consider recommending to
the City Council that the City Council amend the text of the Zoning Ordinance for
consistency with the goals, policies, and programs set forth in the 6th Cycle Housing
Element, allow for the separate conveyance accessory dwelling units in accordance with
AB 1033; incorporate interim zoning regulations authorizing the establishment, by
resolution, of objective design Standards for housing projects that qualify for the
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streamlined, ministerial approval process established by SB 35; for consistency with
recent changes to state housing laws; and make other minor changes, clarifications, and
corrections; and
WHEREAS, on September 11, 2013, the City Council adopted the Bergamot Area
Plan (“BAP”), which provides policies and standards to transition 142.5 acres of former
industrial land into an arts-focused, transit-oriented, mixed-use pedestrian-oriented
neighborhood anchored by the Bergamot Exposition Light Rail Station; and
WHEREAS, the BAP envisions creating the City’s most sustainable neighborhood
– one that both conserves the authentic, industrial character that has fostered a creative
community in the area and removes barriers to housing, local restaurants, and local
services to take full advantage of the arrival of the Exposition Light Rail; and
WHEREAS, Chapter 5 of the BAP sets forth the land use regulations, which define
the permitted uses in the Bergamot Plan Area, and the development standards, which
regulate new site and building development by establishing standards for intensity,
building height, open space, and other elements; and
WHEREAS, the land use regulations and development standards set forth in
Chapter 5 of the BAP were developed prior to the adoption of the City’s Zoning Ordinance
update, which became effective on July 24, 2015; and
WHEREAS, the processes and standards in the BAP have proven to be overly
complex, unclear, onerous, and do not incentivize housing; and
WHEREAS, as a result, since its adoption, only three housing projects have been
proposed in the Bergamot area, as well as very limited commercial development; and
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WHEREAS, in preparing the design standards for implementation of Housing
Element Program 1.E, which includes review of the development standards set forth in
Chapter 5 of the BAP, it has become apparent that developing revised design standards
for non-housing projects will provide consistency and ease of use; and
WHEREAS, further, review of the land use regulations in Chapter 5 of the BAP has
highlighted inconsistencies between the BAP and the Zoning Ordinance, particularly due
to the development of use classifications in the Zoning Ordinance that were not in
existence at the time the BAP was adopted; and
WHEREAS, repeal of Chapter 5 of the BAP and integration of the land use
regulations and development standards for the BAP into the Zoning Ordinance will
increase efficiency, ease of use, and consistency for land use regulations and
development standards throughout the City; and
WHEREAS, additional amendments to the text of the Zoning Ordinance are
necessary to ensure internal consistency as well as consistency with the City’s General
Plan and the Bergamot Area Plan; and
WHEREAS, on June 4, 2024, in accordance with Santa Monica Municipal Code
section 9.46.030(B), the Planning Commission adopted a Resolution of Intention,
Resolution Number 24-005 (PCS) declaring its intention to consider recommending to the
City Council that the Council amend the text of the City’s Zoning Ordinance to integrate
development standards and land use regulations for the Bergamot Area Plan, update
development standards for non-housing projects, and make other minor amendments for
consistency; and
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WHEREAS, on April 9, 2019, the City Council adopted Ordinance Number 2606
(CCS), which, in part, amended text of the City’s Zoning Ordinance to update the City’s
regulations on fortunetelling; and
WHEREAS, January 11, 2022, the City Council adopted Ordinance Number 2687
(CCS), which amended the text of the City’s Zoning Ordinance to remove the minor use
permit requirement for tattoo parlors in the City’s Downtown and Mixed-Use and
Commercial Districts; and
WHEREAS, in subsequent amendments to the City’s Zoning Ordinance, revisions
enacted by Ordinance Numbers 2606 and 2687 were inadvertently omitted; and
WHEREAS, the City Council desires to correct those inadvertent omissions; and
WHEREAS, on August 7, 2024, in accordance with Santa Monica Municipal Code
section 9.46.060(B), the Planning Commission conducted a duly noticed public hearing,
and, after considering oral and written testimony regarding the proposed amendments to
the text of the Zoning Ordinance, for consistency with the goals, policies, and programs
in the second phase of the Housing Element implementation and to integrate
development standards and land use regulations for the Bergamot Area Plan; allow for
the separate conveyance of accessory dwelling units in accordance with AB 1033;
incorporate interim zoning regulations authorizing the establishment, by resolution, of
objective design standards for housing projects that qualify for the streamlined, ministerial
approval process established by SB 35; incorporate updates for consistency with recent
changes to State law; and make other minor changes, clarifications, and corrections,
adopted a Resolution of Recommendation, Resolution Number 24-011 (PCS),
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recommending that the City Council amend the text of the Zoning Ordinance based on
the following findings:
1. The proposed amendments to the text of the Zoning
Ordinance are consistent with the General Plan and any applicable specific
plan in that that the amendments are required to implement all or portions
of 6th Cycle Housing Element Programs 1.B (Streamline the Architectural
Review Process); 1.E (Revise the Design Standards in the Bergamot Area
Plan); 1.H (Adaptive Reuse); 1.I (Innovations in Construction Technology);
2.B (Right of First Offer Ordinance); 2.C (Update the City’s Affordable
Housing Production Program – Part 2); 2.I (Zoning for Variety of Housing
Types); 3.A (Restrict the Removal of Existing Rental and Protected Units);
3.E (Maintain a Low Income Residential Repair Program); and 5.B (Low
Barrier Navigation Centers As By-Right Use), and to ensure consistency
with programs that were previously implemented, and are otherwise
consistent with the goals and policies of the General Plan. The proposed
amendments also integrate development standards and land use
regulations from the Bergamot Area Plan to increase efficiency, ease of use,
and consistency for land use regulations and development standards
throughout the City, and are otherwise consistent with the goals and policies
of the Bergamot Area Plan.
2. The proposed amendments are consistent with the purpose
of the Zoning Ordinance to promote the growth of the City in an orderly
manner and to promote and protect the public health, safety and welfare in
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that the amendments are necessary to implement housing programs in the
6th Cycle Housing Element and to achieve the level of housing production
mandated by the City’s Regional Housing Needs Allocation, ensure
consistency with State law, cure inconsistencies, and otherwise maintain
the existing policies, standards and regulations of the Zoning Ordinance that
promote public health, safety and welfare.
WHEREAS, on September 24, 2024, the City Council conducted a duly noticed
hearing, and, after considering all oral and written testimony, desires to adopt the
proposed amendments to the text of the Zoning Ordinance to: ensure consistency with
the goals, policies, and programs set forth in the 6th Cycle Housing Element as part of
the second phase of implementation; allow for the separate conveyances of primary
dwelling units and ADUs in accordance with AB 1033; incorporate interim zoning
regulations authorizing the establishment, by resolution, of objective design standards for
housing projects that qualify for the streamlined, ministerial approval process established
by SB 35; integrate development standards and land use regulations for the Bergamot
Area Plan, with amendments for consistency with the goals, policies, and programs set
forth in the 6th Cycle Housing Element, updates to development standards for non-
housing projects, and other minor amendments for consistency; provide consistency with
recent changes to State housing laws; and make other minor changes, corrections, and
clarifications as necessary, as set forth below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. Based upon the oral and written testimony presented to the City
Council at the public hearing on September 24, 2024, regarding the proposed changes
to the text of the Zoning Ordinance, for consistency with the goals, policies, and programs
in the second phase of the Housing Element implementation; allow for the separate
conveyance of accessory dwelling units in accordance with AB 1033; incorporate interim
zoning regulations authorizing the establishment, by resolution, of objective design
standards for housing projects that qualify for the streamlined, ministerial approval
process established by SB 35; integrate development standards and land use regulations
for the Bergamot Area Plan, with amendments for consistency with the goals, policies,
and programs set forth in the 6th Cycle Housing Element, updates to development
standards for non-housing projects, and other minor amendments for consistency;
incorporate updates for consistency with recent changes to State law; and make other
minor changes, clarifications, and corrections the City Council hereby makes the following
findings:
1. The proposed amendments to the text of the Zoning
Ordinance are consistent with the General Plan and any applicable specific
plan in that that the amendments are required to implement all or portions
of 6th Cycle Housing Element Programs 1.B (Streamline the Architectural
Review Process); 1.E (Revise the Design Standards in the Bergamot Area
Plan); 1.H (Adaptive Reuse); 1.I (Innovations in Construction Technology);
2.B (Right of First Offer Ordinance); 2.C (Update the City’s Affordable
Housing Production Program – Part 2); 2.I (Zoning for Variety of Housing
Types); 3.A (Restrict the Removal of Existing Rental and Protected Units);
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3.E (Maintain a Low Income Residential Repair Program); and 5.B (Low
Barrier Navigation Centers As By-Right Use), and to ensure consistency
with programs that were previously implemented, and are otherwise
consistent with the goals and policies of the General Plan. The proposed
amendments also integrate development standards and land use
regulations from the Bergamot Area Plan to increase efficiency, ease of use,
and consistency for land use regulations and development standards
throughout the City, and are otherwise consistent with the goals and policies
of the Bergamot Area Plan.
2. The proposed amendments are consistent with the purpose
of the Zoning Ordinance to promote the growth of the City in an orderly
manner and to promote and protect the public health, safety and welfare in
that the amendments are necessary to implement housing programs in the
6th Cycle Housing Element and to achieve the level of housing production
mandated by the City’s Regional Housing Needs Allocation, ensure
consistency with State law, cure inconsistencies, and otherwise maintain
the existing policies, standards and regulations of the Zoning Ordinance that
promote public health, safety and welfare.
Section 2. Article 9 of the Santa Monica Municipal Code is hereby amended to
read as set forth in Exhibit A, attached hereto.
SECTION 3. Any provision of the Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies
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and no further, is hereby repealed or modified to that extent necessary to effect the
provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
_______________________
DOUGLAS SLOAN
City Attorney
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EXHIBIT A
Amendments to the Text of the Zoning Ordinance for Consistency with the Goals,
Policies, and Programs Set Forth in the 6th Cycle (2021-2029) Housing Element;
to Allow for the Separate Conveyances of Accessory Dwelling Units in
Accordance with AB 1033; Incorporate Interim Zoning Regulations Authorizing
the Establishment of Objective Design Standards for Housing Projects that
Qualify for the Streamlined Ministerial Approval Established by SB 35; Integrate
Development Standards and Land Use Regulations for the Bergamot Area Plan,
with Amendments for Consistency with the Goals, Policies, and Programs Set
Forth in the 6th Cycle (2021-2029) Housing Element, Updates to Development
Standards for Non-Housing Projects, and Other Minor Amendments for
Consistency with the Zoning Ordinance; For Consistency with Recent Updates to
State Housing Law; and Making other Minor Changes, Corrections and
Clarifications
[BEHIND THIS PAGE]
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DIVISION 1: INTRODUCTORY PROVISIONS
Chapter 9.02, Establishment of Zoning Districts
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CHAPTER 9.02 ESTABLISHMENT OF ZONING DISTRICTS
9.02.010 Establishment of Districts
The City is divided into zoning districts of such number and character as are necessary
to achieve compatibility of uses within each district and implement the General Plan.
A. Base Zoning Districts. Base Zoning Districts into which the City is divided are
established as shown in Table 9.02.010.A, Base Zoning Districts.
TABLE 9.02.010.A: BASE ZONING DISTRICTS
Short Name/Map Symbol Full Name
Single-Unit Residential District
R1 Single-Unit Residential
Multi-Unit Residential Districts
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
Ocean Park Neighborhood Districts
OP1 Ocean Park Single-Unit Residential
OPD Ocean Park Duplex
OP2 Ocean Park Low Density Residential
OP3 Ocean Park Medium Density Residential
OP4 Ocean Park High Density Residential
Mixed-Use and Commercial Districts
MUBL Mixed-Use Boulevard Low
MUB Mixed-Use Boulevard
GC General Commercial
NC Neighborhood Commercial
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Employment Districts
HMU Healthcare Mixed-Use
IC Industrial Conservation
OC Office Campus
Oceanfront Districts
OF Oceanfront
Public and Semi-Public Districts
CC Civic Center
PL Institutional/Public Lands
OS Parks and Open Space
Residential Mobile Home Park District
RMH
Residential Mobile Home Park
Bergamot Area Plan Districts
BTV Bergamot Transit Village
MUC Mixed Use Creative
CAC Conservation: Art Center
CCS Conservation: Creative Sector
Downtown Community Plan Districts
LT
NV
BC
TA
OT
WT
Lincoln Transition
Neighborhood Village
Bayside Conservation
Transit Adjacent
Ocean Transition
Wilshire Transition
Memorial Park Neighborhood Area Plan Districts (to be determined as part of Area Plan process)
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B. References to Classes of Base Districts. Throughout the Ordinance, the
following references apply:
1. “R District” or “Residential District” shall include the following Districts: R1
Single-Unit Residential; R2 Low Density Residential; R3 Medium Density Residential; R4
High Density Residential; OP1 Ocean Park Single-Unit Residential; OPD Ocean Park
Duplex; OP2 Ocean Park Low Density Residential; OP3 Ocean Park Medium Density
Residential; OP4 Ocean Park High Density Residential; or OF Oceanfront.
a. “Residential Low-Density District” shall include the following Districts:
R1 Single-Unit Residential; R2 Low Density Residential; OP1 Ocean Park Single-
Unit Residential; OPD Ocean Park Duplex; OP2 Ocean Park Low Density
Residential.
b. “Residential Medium and High-Density Districts” shall include the
following Districts: R3 Medium Density Residential; R4 High Density Residential;
OP3 Ocean Park Medium Density Residential; OP4 Ocean Park High Density
Residential; RMH Residential Mobile Home Park; or OF Oceanfront.
2. “Nonresidential District” shall include any base Zoning District except the
Residential Districts specified in subsection (B)(1) above.
C. Overlay Zoning Districts. Overlay Zoning Districts, one or more of which may be
combined with a base district, are established as shown in Table 9.02.010.B, Overlay
Zoning Districts. The regulations of an Overlay District govern in addition to or instead of
the standards set forth in the underlying base district as specified in the applicable
Sections of this Ordinance.
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TABLE 9.02.010.B: OVERLAY ZONING DISTRICTS
Short Name/Map Symbol Full Name
AC Activity Center
NC Neighborhood Conservation
A Off-Street Parking
BCH Beach
MHO Moderate Income Housing Overlay
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DIVISION 2: BASE AND OVERLAY DISTRICTS
Chapter 9.07, Single-Unit Residential District
Chapter 9.08, Multi-Unit Residential Districts
Chapter 9.09, Ocean Park Neighborhood Districts
Chapter 9.10, Downtown Districts
Chapter 9.11, Mixed-Use and Commercial Districts
Chapter 9.12, Bergamot Districts
Chapter 9.13, Employment Districts
Chapter 9.14, Oceanfront District
Chapter 9.15, Public and Semi-Public Districts
Chapter 9.18, Activity Center & Neighborhood Conservation Overlay Districts and
Memorial Park Neighborhood Area Plan District
Chapter 9.19, Moderate Income Overlay District
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CHAPTER 9.07 SINGLE-UNIT RESIDENTIAL DISTRICT
9.07.020 Land Use Regulations.
Table 9.07.020 prescribes the land use regulations for Single-Unit Residential District.
The regulations for each district are established by the letter designations listed below.
These designations apply strictly to the permissibility of land uses; applications for
buildings or structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with
specific limitations listed at the end of the table.
“CUP” designates use classifications that are permitted after review and approval of a
Conditional Use Permit.
“MUP” designates use classifications that are permitted after review and approval of a
Minor Use Permit.
“–” designates uses that are not permitted.
Land uses are defined in Chapter 9.51, Use Classifications. 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 disturbing or 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.
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TABLE 9.07.020: LAND USE REGULATIONS—SINGLE-UNIT RESIDENTIAL DISTRICTS
Use Classification R1 Additional Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P Section 9.31.025, Accessory Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling
Unit
P Section 9.31.025, Accessory Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Dwelling L(1) Section 9.31.195, Multiple-Unit Dwelling Projects
Duplex P Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for
Single-Unit Residential
Senior Citizen Multiple-
Unit Dwelling
L(1) Section 9.31.195, Multiple-Unit Dwelling Projects
Single-Unit Dwelling P
Housing Types for Specific Needs
Employee Housing P
Family Day Care See sub-classifications below.
Large P Section 9.31.140, Family Day Care, Large
Small P
Residential Facilities See sub-classifications below.
Residential Care, Limited P
Hospice, Limited P
Supportive Housing P
Transitional Housing P
Public and Semi-Public Uses
Adult Day Care CUP
Child Care and Early
Education Facility
CUP Section 9.31.120, Child Care and Early Education Facilities
Bed and Breakfast CUP Within Designated Landmarks only.
Section 9.31.090, Bed and Breakfasts
Community Assembly CUP Section 9.31.100, Community Assembly
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Community Gardens P
Park and Recreation
Facilities, Public
P
Schools, Public or Private CUP
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P
Utilities, Minor P
Specific Limitations
(1) Permitted only on parcels with existing surface parking lots:
(a) Owned in whole or in part by a Community Assembly use in accordance with requirements of Section
9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots; or
(b) Associated with existing multiple-unit dwellings or commercial uses in accordance with requirements of
Section 9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking
Lots.
9.07.030 Development Standards.
Table 9.07.030 prescribes the development standards for the Single-Unit Residential (R1)
District. Additional regulations, including incentives for the retention of existing homes,
are denoted with Section numbers throughout the table. Specific R1 District design review
criteria is located directly following the table:
TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT
Standard R1 Additional Regulations
Parcel and Density Standards
Minimum Parcel Area (sq.
ft.) 5,000
Maximum Parcel Area (sq.
ft.) See Section 9.21.030(B)
Minimum Parcel Width (ft.) 50 For parcels bounded by the centerlines of
First Court Alley, Seventh Street, Montana
Place North Alley, and Adelaide Drive, the
minimum parcel width is 100 ft. and the
minimum parcel depth is 175 ft.
Minimum Parcel Depth (ft.) 100
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TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT
Standard R1 Additional Regulations
Maximum Allowable
Density 1 unit per parcel
Accessory Dwelling Units and Junior
Accessory Dwelling Units shall be permitted
as provided in Section 9.31.125, Accessory
Dwelling Units and Junior Accessory
Dwelling Units
A duplex shall be permitted as provided in
Section 9.31.125, Duplexes and Lot Splits
on Parcels Zoned for Single-Unit
Residential
Maximum Parcel Coverage (% of Parcel Area)
One-story structure less
than 18 ft. in height 50%
For parcels less than 5,000 sq. ft., a
maximum parcel coverage equaling
2,500 sq. ft. shall be permitted.
One-story structure 18 ft. or
more in height 45%
For parcels less than 5,000 sq. ft., a
maximum parcel coverage equaling
2,250 sq. ft. shall be permitted.
Two-story structure 45%
Parcel coverage shall be the sum
of ground floor parcel coverage
and second story parcel coverage.
For parcels less than 5,000 sq. ft., a
maximum parcel coverage equaling
2,250 sq. ft. shall be permitted with no
more than 1,125 sq. ft. allowable on
the second story.
Existing structure with
addition
(Applies to projects that do
not result in a demolition as
defined in Chapter 9.25,
Demolition and Relocation.)
55%
For a two-story structure, parcel
coverage shall be the sum of
ground floor parcel coverage and
second story parcel coverage.
For parcels less than 5,000 sq. ft., a
maximum parcel coverage equaling
2,750 sq. ft. shall be permitted with no
more than 1,375 sq. ft. allowable on
the second story.
Building Form and Location
Maximum Number of
Stories
2
Maximum Building Height (ft.)
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TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT
Standard R1 Additional Regulations
Parcels up to 20,000 sq.
ft. in area
28 ft.
with no wall height above 23 ft.
Walls associated with roof structure
design such as gables and dormers are
permitted above 23 ft., provided such
walls comply with upper-story
stepback requirements.
Parcels greater than
20,000 sq. ft. in area and
with a front parcel line at
least 200 ft. in length
• 28 ft. for flat roof
• 32 ft. for pitched roof
Projections into Height
Limits
See Section 9.21.060, Height Projections
Minimum Setbacks (ft.)
Front Per Official Districting Map or
20 ft. if not specified
Side - One-story structure
less than 18 ft. in height
10% of parcel width or 3.5 ft.,
whichever is greater, but no more
than 15 ft. required
Side - Aggregate of both
sides for a two-story
structure or one-story
structure 18 ft. or more in
height
30% of parcel width, but no more
than 45 ft. required and each side
shall be at least 10% of the parcel
width or 3.5 ft., whichever is
greater
The aggregate side setback
requirement does not apply to the
following:
• New structures on parcels that are
45 ft. or less in parcel width;
• Additions to existing structures on
parcels that are less than 50 ft. in
width; or
• Structures on parcels less than 5,000
sq. ft.
Rear 15 ft. from rear parcel line
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Additional Minimum Stepbacks for Upper Stories
Front Upper-Story
Stepback
The sum of all stepback areas
along the entire front building
elevation shall be at least 1% of
total parcel area and comply with
the requirements below.
However, if the entire upper story
is set back at least 3% of total
parcel depth from the required
front setback, no front upper-
story stepback is required.
• Each stepback area shall begin
at the required front setback
and shall comply with the
following:
o The minimum stepback
depth shall be 3% of total
parcel depth and shall be
measured from the required
front setback.
o The maximum stepback
depth shall be 6% of total
parcel depth and shall be
measured from the required
front setback.
o Any stepback depth beyond
6% of total parcel depth
shall not be included in
calculating compliance with
this standard.
• Any stepback area used to
comply with a side upper-story
stepback requirement shall not
be included in calculating
compliance with this standard.
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Side Upper-Story
Stepbacks
The sum of all stepback areas on
each side building elevation shall
be at least 1% of total parcel area
and comply with the
requirements below. However, if
the entire upper story is set back
at least 20% of total parcel width
from the side parcel line, no side
upper-story stepback is required
for the subject elevation.
• Each stepback area shall begin
at each respective minimum
side setback line and shall
comply with the following:
o The minimum stepback
depth shall be 20% of total
parcel width and shall be
measured from the side
parcel line.
o The maximum stepback
depth shall be 25% of total
parcel width and shall be
measured from the side
parcel line.
o Any stepback depth beyond
25% of total parcel width
shall not be included in
calculating compliance with
this standard.
• Any stepback area used to
comply with a front upper-story
stepback requirement shall not
be included in calculating
compliance with this standard.
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Sides—All portions of
buildings exceeding 23 ft.
in height
• No portion of a building other
than a permitted projection
shall intersect a plane
commencing at 23 ft. in height
at the minimum side setback
that extends at an angle of 45-
degrees from the vertical
toward the interior of the site.
• The 23 ft. height measurement
shall be taken from the same
reference grade as determined
for the subject site pursuant to
Section 9.04.050.
Upper-Story Outdoor Space
Maximum size of
individual balcony,
terrace, deck, first-story
roof deck, or similar
outdoor space
3% of parcel area or 300 sq. ft.,
whichever is less
Individual balconies, terraces, decks,
first-story roof decks, or similar
outdoor spaces larger than 100 sq. ft.
located in the rear half of the parcel
shall be set back a minimum distance
of 20% of the parcel width from the
side parcel lines.
Maximum size of roof
deck above second story 3% of parcel area or 300 sq. ft.,
whichever is less
Maximum of 1 per parcel with a 7 ft.
minimum setback from edges of
building.
Openness and Use of Setbacks
Maximum Front Setback Paving (% of required front setback
area)
Parcels 25 ft. or more in
width
50%
Parcels less than 25 ft. in
width
60%
Building Projections into
Setbacks
See Section 9.21.110, Projections from Buildings into Minimum
Setbacks and Daylight Plane
Excavation for Lightwells, Stairwells, and Access to Subterranean Garages and Basements
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Basements and
subterranean garages
No basement or subterranean
garage shall extend into any
setback area, except for any
basement or garage located
beneath an accessory building
which is otherwise permitted
within a setback area, if such
basement, semi-subterranean, or
subterranean garage is located at
least 5 ft. from any parcel line
Lightwells and stairwells
• Side and rear setbacks may be
utilized for lightwells or
stairways to below-grade areas
• Excavated areas shall be set
back a minimum of 10% of the
parcel width from any parcel
line measured to the interior
wall surface of these excavated
areas
• For parcels where the aggregate side
setback is not required, up to a total
of 50 sq. ft. within the side and rear
setbacks may be utilized for
lightwells or stairways to below-
grade areas.
• Retaining walls shall not be
included in calculations for these
excavated areas.
Excavation for access
Excavation in the front setback
area for a driveway, stairway,
doorway, or other such element
for access purposes shall be no
deeper than 3 ft. below existing
grade
Vehicle Accommodation
Parking • See Sections 9.28.070, Location of Parking
• Section 9.28.120, Parking Design and Development Standards
Driveways
• On parcels less than 100 ft. in width, no more than one driveway
permitted
• See Section 9.28.120, Parking Design and Development Standards
Incentives for Retention of Existing Homes
Building Additions Section 9.21.170, Building Additions Extending into Minimum Side
Setbacks
Modifications to
Development Standards
Chapter 9.43, Modification and Waivers
Architectural Review
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Architectural Review See Section 9.07.030(A)
Additional Standards
Accessory Buildings and
Structures
Section 9.21.020, Accessory Buildings and Structures
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory
Dwelling Units
Affordable Housing
Production Program Chapter 9.64, Affordable Housing Production Program
Basements Section 9.52.020.0230, Basement Definition
Duplexes and Lot Splits on
Parcels Zoned for Single-
Unit Residential
Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-
Unit Residential
Fences, Walls, and Hedges Section 9.21.050, Fences, Walls, and Hedges
Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling
Units
Section 9.31.025, Accessory Dwelling Units and Junior Accessory
Dwelling Units
Landscaping Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling
Projects Section 9.31.195, Multiple-Unit Dwelling Projects
Multiple-Unit Dwelling
Projects Located on
Community Assembly
Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on
Community Assembly Surface Parking Lots
Multiple-Unit Dwelling
Projects Located on
Residentially Zoned Surface
Parking Lots
Section 9.31.197, Multiple-Unit Dwelling Projects Located on
Residentially Zoned Surface Parking Lots
Off-Street Parking Chapter 9.28, Parking, Loading, and Circulation
Private Tennis Courts Section 9.31.250, Private Tennis Courts
Projections from Buildings
into Minimum Setbacks
Section 9.21.110, Projections from Buildings into Minimum Setbacks
and Daylight Plane
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Projections into Height
Limits
Section 9.21.060, Height Projections
Refuse and Recycling
Screening and Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards
Solar Energy Systems Section 9.21.150, Solar Energy Systems
A. Architectural Review.
1. Proposed development in the R1 Single-Unit District shall not be subject to
architectural review if it conforms to the development standards set forth above except as
follows:
a. The Architectural Review Board shall review any proposed duplex
pursuant to Section 9.55.140.
b.
i. The Architectural Review Board shall review proposed development
that is located on a parcel with a grade differential of 12.5 feet or more between
the front and rear parcel lines, and associated with the following:
(a) New residential building; or
(b) A 50% or greater square foot addition to an existing dwelling
unit.
ii. A proposed structure may be approved if its size, mass, and
placement are found to be compatible with improvements in the immediate
neighborhood.
2. The Architectural Review Board shall review and may approve proposed
development that does not conform to the development standards set forth above as
follows:
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a. The Architectural Review Board shall review any proposed addition
of 500 square feet or less that is regarded as a third story that is located on a parcel
with a grade differential of 12.5 or more between the front and rear parcel lines.
The Architectural Review Board may approve such an addition if the following
findings of fact are made
i. The street frontage and overall massing are compatible with the
existing scale and neighborhood context;
ii. The addition does not enlarge the first-story of the existing residence
such that a nonconforming condition is expanded; and
iii. The properties in the immediate neighborhood will not be
substantially impacted.
b.
i. The Architectural Review Board shall review the following:
(a) Any proposed new structure on a parcel that is more than 45
feet in width that does not comply with the minimum aggregate side setback
but that is set back a minimum of 10% of parcel width on each side;
(b) Any proposed addition to an existing structure on a parcel 50
feet or more that does not comply with the minimum aggregate side setback
but that is set back a minimum of 10% of parcel width on each side;
(c) Any proposed two-story structure that does not conform to the
standard set forth above for additional minimum stepbacks for upper stories;
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(d) Any proposed structure that does not conform to the
standards for subterranean garages and basements set forth in Table
9.07.030, Chapter 9.28 (Parking), and Section 9.52.020.230 of this Code;
(e) Any proposed individual upper story balcony, terrace, deck,
first-story roof deck, or similar outdoor space that does not conform to the
standard set forth above;
(f) Any proposed structure with garage doors that face the public
street, are located within the front half of the parcel, and: (i) are not set back
from the primary façade facing the public street a minimum of 5 feet, or (ii)
are more than 16 feet in width; or
(g) Any proposed structure that includes a first-story porch or
second-story balcony that: (i) is open on at least three sides, (ii) has a height
of no more than 14 feet, including parapets and railings, (iii) projects into
the minimum front setback, and (iv) exceeds 50% of the front building width
as measured at the front façade.
ii. The Architectural Review Board may approve a design modification
set forth in this subsection if the following findings of fact are made:
(a) There are special circumstances or exceptional
characteristics applicable to the property involved, including size, shape,
topography, surroundings, or location of the existing improvements or
mature landscaping on the site;
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(b) Granting the design modification will not be detrimental or
injurious to the property or to improvements in the general vicinity and
district in which the property is located;
(c) Granting the design modification will not impair the integrity
and character of surrounding context, or impact the light, air, open space,
or privacy of adjacent properties;
(d) If the design modification includes a modification or addition
to a building on the City’s Historic Resources Inventory, the modification or
addition is compatible with the building’s historic architectural character,
does not result in the removal of historic building features, and is consistent
with the Secretary of the Interior Standards for Rehabilitation; and
(e) The design modifications comply with the criteria set forth in
Section 9.55.140.
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CHAPTER 9.08 MULTI-UNIT RESIDENTIAL DISTRICTS
9.08.020 Land Use Regulations
Table 9.08.020 prescribes the land use regulations for Multi-Unit Residential Districts.
The regulations for each district are established by letter designations listed below. These
designations apply strictly to the permissibility of land uses; applications for buildings or
structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with
specific limitations listed at the end of the table.
“CUP” designates use classifications that are permitted after review and approval of a
Conditional Use Permit.
“MUP” designates use classifications that are permitted after review and approval of a
Minor Use Permit.
“–” designates uses that are not permitted.
Land uses are defined in Chapter 9.51, Use Classifications. 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 disturbing or 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.
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TABLE 9.08.020: LAND USE REGULATIONS—MULTI-UNIT RESIDENTIAL DISTRICTS
Use Classification
*For uses within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Dwelling P P P Section 9.31.195, Multiple-Unit
Dwelling Projects
Duplex P P P Section 9.31.195, Multiple-Unit
Dwelling Projects
Senior Citizen Multiple-Unit Dwelling P P P Section 9.31.195, Multiple-Unit
Dwelling Projects
Housing Types for Specific Uses
Congregate Housing P P P Section 9.31.110, Congregate
Housing
Elderly and Long-Term Care CUP CUP CUP
Emergency Shelters – CUP CUP Section 9.31.130, Emergency
Shelters
Family Day Care See sub-classifications below.
Large P P P Section 9.31.140, Family Day Care,
Large
Small P P P
Group Residential MUP MUP MUP Section 9.31.155, Group Residential
Senior Group Residential P P P Section 9.31.155, Group Residential
Residential Facilities See sub-classifications below.
Residential Care, General MUP MUP MUP Section 9.31.270, Residential Care
Facilities
Residential Care, Limited P P P Section 9.31.270, Residential Care
Facilities
Residential Care, Senior L(2) /MUP L (2)/MUP L (2)/MUP Section 9.31.270, Residential Care
Facilities
Hospice, General MUP MUP MUP Section 9.31.270, Residential Care
Facilities
Hospice, Limited P P P Section 9.31.270, Residential Care
Facilities
Single-Room Occupancy Housing P P P Section 9.31.330, Single Room
Occupancy Structures
Supportive Housing P P P
Transitional Housing P P P
Public and Semi-Public Uses
Adult Day Care CUP CUP CUP
Child Care and Early Education Facilities CUP CUP CUP Section 9.31.120, Child Care and
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TABLE 9.08.020: LAND USE REGULATIONS—MULTI-UNIT RESIDENTIAL DISTRICTS
Use Classification
*For uses within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Early Education Facilities
Community Assembly CUP CUP CUP Section 9.31.100, Community
Assembly
Community Gardens P P P
Cultural Facilities CUP CUP CUP Limited to Designated Landmarks
Park and Recreations Facilities, Public P P P
Schools, Public or Private CUP CUP CUP
Commercial Uses
Automobile/Vehicle Sales and Services See sub-classifications below.
Automobile Storage Use CUP (3) CUP (3) –
Section 9.31.070,
Automobile/Vehicle Sales, Leasing,
and Storage
Automobile/Vehicle Sales and Leasing L (4)/CUP L (4)/CUP –
Section 9.31.070,
Automobile/Vehicle Sales, Leasing,
and Storage
Food and Beverage Sales See sub-classifications below.
General Market CUP (5) CUP (5) CUP (5)
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.150, General Markets
in Residential Districts
Lodging See sub-classifications below.
Bed and Breakfast CUP CUP CUP
Within Designated Landmarks only.
Section 9.31.090, Bed and
Breakfasts
Hotels and Motels – – CUP
Mobile Food Truck Off-Street Venues – MUP (7) – Section 9.31.190, Mobile Food
Truck Off-Street Venues
Personal Services, Physical Training – L (9) –
Retail Sales See sub-classifications below.
General Retail Sales, Small-Scale – CUP (8) –
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P P P
Utilities, Minor P P P
Specific Limitations:
(1) Reserved.
(2) Facilities for 6 or fewer residents are permitted by right. Other facilities require approval of a Minor Use Permit.
(3) Limited to automobile storage use associated with and adjacent to existing auto dealerships that were legally established before July 6,
2010, and according to the standards of Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage.
(4) Auto dealership uses existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships in residential zones are
subject to approval of a Conditional Use Permit and must conform to the standards in Section 9.31.070, Automobile/Vehicle Sales,
Leasing, and Storage. New auto dealerships and expansions of existing dealerships inconsistent with Section 9.31.070 are prohibited.
(5) Only stores up to 2,500 square feet may be allowed with approval of a Conditional Use Permit. Stores must be located at least 300 feet
from another retail food and beverage services use.
(6) Reserved.
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TABLE 9.08.020: LAND USE REGULATIONS—MULTI-UNIT RESIDENTIAL DISTRICTS
Use Classification
*For uses within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
(7) Mobile food truck off-street venues shall only be located on the R3A overlay parcels located between Ocean Park Boulevard and Hill
Street along the east side of Neilson Way.
(8) Limited to bicycle and skate rental facilities along Ocean Front. Other general retail sales uses are not permitted.
(9) Limited to youth-serving studios of less than 3,000 square feet offering performing arts, dance, martial arts, physical exercise, and
similar types of instruction in buildings designed and constructed for commercial purposes across an alley from the Downtown district
subject to a passenger loading and drop-off plan to be reviewed and approved by the Director.
9.08.030 Development Standards
Table 9.08.030 prescribes the development standards for the Multi-Unit Residential
Districts. Additional regulations are denoted with Section numbers in the right-hand
column or with individual letters in parentheses. Section numbers refer to other Sections
of this Article, while individual letters in parentheses refer to subsections that directly
follow the table.
TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS
Standard
*For development standards
within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Parcel and Density Standards
Minimum Parcel Size (sq. ft.) 5,000 5,000 5,000
Maximum Parcel Size (sq. ft.) See
9.21.030(B)(C)
See
9.21.030(B)(C)
See
9.21.030(B)(C)
Minimum Parcel Width (ft.) 50 50 50
Minimum Parcel Depth (ft.) 100 100 100
Maximum Allowable Density
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TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS
Standard
*For development standards
within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Tier 1—Base Standard
1 unit per 2,000
sq. ft. of parcel
area (or 4 total
units, whichever
is less)
1 unit per 1,500
sq. ft. of parcel
area (or 5 total
units, whichever
is less)
1 unit per 1,250
sq. ft. of parcel
area (or 6 total
units, whichever
is less)
For parcels consolidated to
provide courtyards, the
maximum allowable
number of units shall be
based on the total maximum
number of units allowed on
each of the parcels prior to
consolidation.
For projects eligible for
density bonus, see Section
9.22.050(C), Calculating
Base Density
Tier 2—With Provision of
Community Benefits NA 1,250 900 Chapter 9.23, Community
Benefits
100% Affordable Housing
Projects 1,500 1,250 900
Building Form and Location
Maximum Number of Stories
Tier 1—Base Standard 2 2 3
Tier 2—With Provision of
Community Benefits NA 3 4 Chapter 9.23, Community
Benefits
100% Affordable Housing
Projects
No limit on number of stories as long as building
complies with height limit.
Maximum Building Height (ft.)
Tier 1—Base Standard 30. See (B) 30. See (B) 30. See (B)
Tier 2—With Provision of
Community Benefits NA 40. See (B) 45. See (B) Chapter 9.23, Community
Benefits
100% Affordable Housing
Projects 30. See (B) 40. See (B) 45. See (B)
Maximum Parcel Coverage
Maximum Parcel Coverage (% of
Parcel Area) 50 50 50
For projects with a base
density consisting of 8 to 10
units, an increase in parcel
coverage shall be permitted
as necessary to ensure a
Floor Area Ratio of 1.25
Minimum Setbacks
Front (ft.) 20
See (C)(E)
20
See (C)(E)
20
See (C)(E)
Interior Side (ft.)—Parcels 50 feet
or more in width
8
See (E)
8
See (E)
8
See (E)
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, side setbacks shall
be 4’.
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TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS
Standard
*For development standards
within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Interior Side (ft.)—Parcels less
than 50 ft in width
4, or 16% of
parcel width,
whichever is
greater. See (E)
4, or 16% of
parcel width,
whichever is
greater. See (E)
4, or 16% of
parcel width,
whichever is
greater. See (E)
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, side setbacks shall
be 4’.
Street Side (% of parcel width) 15
See (C)(E)
15
See (C)(E)
15
See (C)(E)
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, side setbacks shall
be 4’.
Rear (ft.) 15 15 15
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, rear setbacks shall
be 4’.
Parking
See Sections 9.28.070, Location of Parking and
9.28.120, Parking Design and Development
Standards
Transition Requirements Adjacent to
R1 District See (D) See (D) See (D)
Open Space & Landscaping
Minimum Outdoor Living Area per
Unit (sq. ft.)—Sites with Three or
More Units
Section 9.21.090, Outdoor
Living Area
Private 60 60 60
Total (including private and
common) 150 150 100
Courtyards—Parcels over 99 feet in
width
No less than
10% of the total
parcel area.
See (F)
No less than
10% of the total
parcel area.
See (F)
No less than
10% of the total
parcel area.
See (F)
Minimum Planting Area (% of parcel
area) 30. See (G) 25. See (G) 20. See (G) Chapter 9.26, Landscaping
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling
Units
Accessory Structures Section 9.21.020, Accessory Buildings and Structures
Affordable Housing Production
Program Chapter 9.64, Affordable Housing Production Program
Density Bonus Chapter 9.22, Density Bonus
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TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS
Standard
*For development standards
within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges
Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling
Units
Landscaping Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects
Multiple-Unit Dwelling Projects
Located on Community Assembly
Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community
Assembly Surface Parking Lots
Multiple-Unit Dwelling Projects
Located on Residentially Zoned
Surface Parking Lots
Section 9.31.197, Multiple-Unit Dwelling Projects Located on Residentially
Zoned Surface Parking Lots
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation
Projections into Height Limits Section 9.21.060, Height Projections
Projections into Required Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and
Daylight Plane
Refuse and Recycling Screening and
Enclosure Section 9.21.130, Resource Recovery and Recycling Standards
Screening Section 9.21.140, Screening
Signs Chapter 9.61, Signs
Solar Energy Systems Section 9.21.150, Solar Energy Systems
A. Development Standards, Specified Areas. The following development
standards shall govern in the areas defined below.
1. For Multi-Unit Residential District parcels located north of the Pier and west
of Ocean Avenue, the following development standards shall apply in lieu of the
corresponding land use regulations specified in Table 9.08.020 and development
standards specified in Table 9.08.030:
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a. Uses.
i. Permitted Uses: Single-Unit Dwelling; Accessory Dwelling Unit;
Junior Accessory Dwelling Unit; Employee Housing; Single-Room Occupancy
Housing; Congregate Housing; Multiple-Unit Dwelling; Duplex; Senior Citizen
Multiple-Unit Dwelling; Senior Group Residential; Family Day Care, Large;
Family Day Care, Small; Supportive Housing; Transitional Housing; Residential
Care, Limited; Hospice, Limited; One-Story Accessory Building and Structures
up to 14 feet in height; Parks and Recreation Facilities, Public.
ii. Uses Subject to Minor Use Permits: Residential Care, General;
Hospice, General; Group Residential; One-story accessory living quarters up
to 14 feet in height on parcels having a minimum area of 10,000 square feet.
iii. Conditionally Permitted Uses: Bed and Breakfast; Adult Day Care;
Offices and Meeting Rooms for Charitable, Youth, and Welfare Organizations;
Schools, Public or Private.
b. Maximum Building Height. Maximum building height shall be 40 feet,
except that:
i. No portion of the building may project beyond the site view envelope.
The site view envelope is a theoretical plane beginning mid-point at the
minimum required beach setback line and extending to a height of 30 feet, and
then running parallel with the side parcel lines to a point located 5 feet in height
above the top of the Palisades bluff immediately behind the pedestrian railing.
ii. No portion of the building above 23 feet for a flat roof, and 30 feet for
a pitched roof may exceed 30 feet in width. Multiple projections above 23 feet
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for a flat roof and 30 feet for a pitched roof shall be separated by a minimum
20-foot wide unobstructed view corridor. No projections, connections, or
mechanical equipment may be placed in the view corridor.
c. Maximum Allowable Density. For parcels 4,000 square feet or more,
the maximum unit density shall be one dwelling unit for each 1,500 square feet of
parcel area, or 4 total units, whichever is less. For parcels less than 4,000 square
feet that existed on September 8, 1988, or parcels 40 feet or less in width, one
dwelling unit may be permitted, except that more units may be otherwise permitted
in accordance with Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned
for Single-Unit Residential. Accessory dwelling units and junior accessory dwelling
units established in accordance with Section 9.31.025 shall be deemed to meet
the allowable density for the parcel on which the accessory dwelling unit or junior
accessory dwelling unit is located.
d. Maximum Parcel Coverage. 50% of the parcel area. For projects with
a base density consisting of 8 to 10 units, an increase in parcel coverage shall be
permitted as necessary to ensure a Floor Area Ratio of 1.25.
e. Front Setback. The minimum required front setback shall be either
20 feet or shall comply with the minimum front setback for the district as set forth
in the Official Districting Map, whichever area is greater. At least 30% of the
building elevation above 14 feet in height shall provide an additional 5-foot average
stepback from the minimum required front setback.
f. Beach Rear Setback. 15 feet for parcels 100 feet or less in depth and
55 feet for parcels over 100 feet in depth. Notwithstanding the foregoing, for
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ownership projects that comply with Government Code 66499.41 or rental projects
10 units or less deemed complete as of July 1, 2024, rear setbacks shall be 4 feet.
g. Side Setback. The minimum required side setback shall be
determined in accordance with the following formula, except that for lots of less
than 50 feet in width, the minimum required side setback shall be 10% of the parcel
width, but in any event not less than 4 feet:
5′ + (stories x parcel width)
50′
At least 25% of the side elevation above 14 feet in height shall provide an additional
4-foot average stepback from the minimum required side setback. Notwithstanding
the foregoing, for ownership projects that comply with Government Code 66499.41
or rental projects 10 units or less deemed complete as of July 1, 2024, side
setbacks shall be 4 feet.
h. Minimum Parcel Size. 5,000 square feet. Each parcel shall contain a
minimum depth of 100 feet and a minimum width of 50 feet, except that parcels
existing on September 8, 1988 shall not be subject to this requirement.
i. View Corridor. A structure with 70 linear feet or more of frontage
parallel to Pacific Coast Highway shall provide an unobstructed view corridor
between Pacific Coast Highway and the ocean. The view corridor shall be a
minimum of 20 feet in width and 40 feet in height measured from the property line
parallel to the Pacific Coast Highway.
j. Parking. Uncovered parking may be located in the front half of the
parcel and within the minimum required front setback.
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k. Private Open Space. Any project containing 4 or more residential
dwelling units shall provide the following minimum open space: 100 square feet
per unit for projects with 4 or 5 units, and 50 square feet per unit for projects of 6
units or more. For purposes of this requirement, “residential dwelling unit” shall
mean any unit 376 square feet in area or larger. Affordable housing projects may
substitute one square foot of common open space for each square foot of required
private open space.
l. Projections into Beach Rear Setback. For parcels 100 feet or less in
depth, balconies, decks, porches, and similar structures that are open and
unenclosed on at least 2 sides shall be allowed to extend to the rear property line
in the beach rear setback but not within the minimum side setbacks.
2. For Multi-Unit Residential District parcels bounded by Neilson Way to the
east, Ocean Park Boulevard to the south, Barnard Way to the west, and up to and
including the parcels on the north side of Wadsworth Avenue to the north, the following
development standards shall apply in lieu of the corresponding land use regulations
specified in Table 9.08.020 and development standards specified in Table 9.08.030:
a. Uses.
i. Permitted Uses: Single-Unit Dwelling; Duplex on any legal parcel
that existed on August 31, 1975; Accessory Dwelling Unit; Junior Accessory
Dwelling Unit; Employee Housing; Family Day Care, Small; Family Day Care,
Large; Residential Care, Limited; Hospice, Limited; Supportive Housing,
Transitional Housing; Parks and Recreation Facilities, Public.
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ii. Uses Subject to Minor Use Permits: One-story accessory buildings
up to 14 feet in height on parcels having a minimum area of 10,000 square feet,
exclusive of Accessory Dwelling Units and Junior Accessory Dwelling Units;
Residential Care, General; Hospice, General.
iii. Conditionally Permitted Uses: One-story accessory buildings over 14
feet in height or two-story accessory buildings up to a maximum of 24 feet,
exclusive of Accessory Dwelling Units and Junior Accessory Dwelling Units.
b. Maximum Building Height. 2 stories, not to exceed 23 feet for a flat
roof or 30 feet for a pitched roof. A “pitched roof” is defined as a roof with at least
2 sides having no less than one foot of vertical rise for every 3 feet of horizontal
run. The walls of the building may not exceed the maximum height required for a
flat roof. There shall be no limitation on the number of stories of any affordable
housing project, as long as the building height does not exceed the maximum
number of feet permitted in this Section.
c. Maximum Allowable Density. A minimum of one unit per 1,500
square feet of parcel area, or 4 units total, whichever is less. However, one duplex
shall be permitted on any legal parcel that existed on August 31, 1975. Accessory
dwelling units and junior accessory dwelling units established in accordance with
Section 9.31.025 shall be deemed to meet the allowable density for the parcel on
which the accessory dwelling unit or junior accessory dwelling unit is located.
d. Maximum Parcel Coverage. 60% of the parcel area. For projects with
a base density consisting of 8 to 10 units, an increase in parcel coverage shall be
permitted as necessary to ensure a Floor Area Ratio of 1.25.
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e. Minimum Parcel Size. 3,000 square feet. Each parcel shall have a
minimum depth of 100 feet and a minimum width of 30 feet, except that parcels
already developed and existing on September 8, 1988, shall not be subject to this
requirement.
f. Front Setback. 10 feet.
g. Rear Setback. 15 feet or for ownership projects that comply with
Government Code 66499.41 and rental projects 10 units or less deemed complete
as of July 1, 2024, rear setbacks shall be 4 feet.
h. Side Setback. The minimum required side setback shall be
determined in accordance with the following formula, except that for lots of less
than 50 feet in width, the minimum required side setback shall be 10% of the parcel
width, but in any event not less than 4 feet:
5′ + (stories x lot width)/50′
Notwithstanding the foregoing, for ownership projects that comply with
Government Code 66499.41 or rental projects 10 units or less deemed complete
as of July 1, 2024, side setbacks shall be 4 feet.
i. Front Setback Paving. No more than 50% of the area of the required
front setback, including driveways, shall be paved.
j. Private Open Space. Any project containing 4 or more residential
dwelling units shall provide the following minimum open space: 100 square feet
per unit for projects with 4 or 5 units, and 50 square feet per unit for projects of 6
units or more. For purposes of this requirement, “residential dwelling unit” shall
mean any unit 376 square feet in area or larger. Affordable housing projects may
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substitute one square foot of common open space for each square foot of required
private open space.
k. Design Review. Pursuant to Section 9.55.170, Architectural Review
District Boundaries, all projects are subject to design review subject to Chapter
9.55, Architectural Review.
3. For Multi-Unit Residential District parcels bounded by Appian Way to the
east, Vicente Terrace to the south, Ocean Front Walk to the west, and Seaside Terrace
to the north, the following development standards shall apply in lieu of the corresponding
land use regulations specified in Table 9.08.020 and development standards specified in
Table 9.08.030:
a. Uses.
i. Permitted Uses: Single-Unit Dwelling; Multiple-Unit Dwelling;
Duplex; Senior Citizen Multiple-Unit Dwelling; Accessory Dwelling Unit; Junior
Accessory Dwelling Unit; Employee Housing; Single-Room Occupancy
Housing; Congregate Housing; Senior Group Residential; Family Day Care,
Large; Family Day Care, Small; Residential Care, Limited; Supportive Housing;
Transitional Housing; Hospice, Limited; One-Story Accessory Building and
Structures up to 14 feet in height; Parking and Recreation Facilities, Public.
ii. Uses Subject to Minor Use Permits: One-Story Accessory Living
Quarters up to 14 feet in height on parcels having a minimum area of 10,000
square feet; Residential Care, General; Hospice, General; Group Residential.
iii. Conditionally Permitted Uses: Bed and Breakfast; Adult Day Care;
Community Assembly; Emergency Shelter; One-Story Accessory Buildings
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over 14 feet in height or Two-Story Accessory Buildings up to a maximum of
24 feet; Offices and Meeting Rooms for Charitable, Youth, and Welfare
Organizations; Schools, Public and Private; Convenience Market;
Underground Parking Structures provided the parcel was occupied by a surface
parking lot at the time of adoption of this Chapter, the parcel is not adjacent to
a parcel in the NC District, the ground level above the underground parking
structure is used for residential or public park and open space uses, the
structure is associated with an adjacent commercially zoned parcel, and the
vehicle access to the underground parking is from the commercially zoned
parcel and as far from the residentially zoned parcel as is reasonably possible.
b. Maximum Building Height. 2 stories, not to exceed 30 feet, except
that there shall be no limitation on the number of stories of any affordable housing
project, as long as the building height does not exceed 30 feet.
c. Maximum Floor Area Ratio. 1.0. For projects with a base density
consisting of 8 to 10 units, a Floor Area Ratio of 1.25 is permitted.
d. Maximum Allowable Density. For projects on parcels of 4,000 square
feet or more, one dwelling unit for each 1,500 square feet of parcel area shall be
permitted, or 5 units total, whichever is less. For parcels less than 4,000 square
feet, one dwelling unit may be permitted if a single-unit dwelling existed on the
parcel on September 8, 1988, except that more units may be otherwise permitted
in accordance with Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned
for Single-Unit Residential. Accessory dwelling units and junior accessory dwelling
units established in accordance with Section 9.31.025 shall be deemed to meet
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the allowable density for the parcel on which the accessory dwelling unit or junior
accessory dwelling unit is located.
e. Maximum Parcel Coverage. 50% of the parcel area. For projects with
a base density consisting of 8 to 10 units, an increase in parcel coverage shall be
permitted as necessary to ensure a Floor Area Ratio of 1.25.
f. Minimum Parcel Size. 5,000 square feet. Each parcel shall contain a
minimum depth of 100 feet and a minimum width of 50 feet, except that parcels
existing on September 8, 1988 shall not be subject to this requirement.
g. Front Setback. The minimum required front setback shall be either
20 feet, or shall comply with the minimum front setback for the district as set forth
in the Official Districting Map, whichever area is greater.
h. Rear Setback. 15 feet or for ownership projects that comply with
Government Code 66499.41 or rental projects 10 units or less deemed complete
as of July 1, 2024, rear setbacks shall be 4 feet.
i. Side Setback. The minimum required side setback shall be
determined in accordance with the following formula, except that for lots of less
than 50 feet in width, the minimum required side setback shall be 10% of the parcel
width, but in any event not less than 4 feet:
5′ + (stories x lot width)/50′
Notwithstanding the foregoing, for ownership projects that comply with
Government Code 66499.41 or rental projects 10 units or less deemed complete
as of July 1, 2024, side setbacks shall be 4 feet.
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j. Private Open Space. Any project containing 4 or more residential
dwelling units shall provide the following minimum open space: 100 square feet
per unit for projects with 4 or 5 units, and 50 square feet per unit for projects of 6
units or more. For purposes of this requirement, “residential dwelling unit” shall
mean any unit 376 square feet in area or larger. Affordable housing projects may
substitute one square foot of common open space for each square foot of required
private open space.
k. Upper-Level Stepback Requirements.
i. Additional Front Stepback Over 14 Feet in Height. For new structures
or additions to existing structures, any portion of the front building elevation
above 14 feet exceeding 75% of the maximum buildable front elevation shall
be stepped back from the front setback line an additional average amount equal
to 4% of parcel depth, but in no case resulting in a requirement stepback
greater than 10 feet. As used in this Section, “maximum buildable elevation”
shall mean the maximum potential length of the elevation permitted under these
regulations, which includes parcel width or length (as applicable), minus
required minimum setbacks.
ii. Additional Side Stepback Over 14 Feet in Height. For new structures
or additions to existing structures, any portion of the side building elevation
above 14 feet exceeding 50% of the maximum buildable side elevation shall be
stepped back from the side setback line an additional average amount equal to
6% of parcel width, but in no case resulting in a required stepback greater than
10 feet.
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iii. The upper-level stepback requirements may be modified subject to
the review and approval of the Architectural Review Board if the Board finds
that the modification will not be detrimental to the property, adjoining properties,
or the general area in which the property is located, and the objectives of the
stepback requirements are satisfied by the provision of alternative stepbacks
or other features which reduce effective mass to a degree comparable to the
relevant standard requirement.
B. Additional Stepback at Upper Stories. The maximum building height shall not
exceed 30 feet in the R2 District, 40 feet in the R3 District, and 45 feet in the R4 District,
and shall be subject to the following standards:
1. R2 District. No portion of the building volume above 23 feet shall encroach
into a daylight plane starting at 23 feet above the front setback line and sloping upward
at a 45-degree angle toward the rear of the parcel. The 23-foot height measurement shall
be taken from the same reference grade as determined for the subject site pursuant to
Section 9.04.050.
2. R3 District. No portion of the building volume above 35 feet shall encroach
into a daylight plane starting at 35 feet above the front setback line and sloping upward
at a 45-degree angle toward the rear of the parcel. The 35-foot height measurement shall
be taken from the same reference grade as determined for the subject site pursuant to
Section 9.04.050.
3. R4 District. No portion of the building volume above 40 feet shall encroach
into a daylight plane starting at 40 feet above the front setback line and sloping upward
at a 45-degree angle toward the rear of the parcel. The 40-foot height measurement shall
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be taken from the same reference grade as determined for the subject site pursuant to
Section 9.04.050.
4. The covered portion of all stories above the second story in any multi-unit
structure shall be set back an average of 10 feet from the second floor front façade.
C. Front and Side Setbacks.
1. The front setback on Arcadia Terrace and Seaview Terrace shall be 30 feet
measured from the center line of the walkway.
2. In the R2, R3, and R4 Districts, the street side setback shall be at least 15%
of the parcel width but no less than 6 feet and is not required to exceed 10 feet.
3. Where a corner parcel in an R2, R3, or R4 District abuts a parcel in an R1
District, the street side setback shall be at least half of the required front setback in the
adjacent R1 District.
D. Transition Requirements Adjacent to R1 District. Where an R2, R3, or R4
District adjoins an R1 District, the following standards apply:
1. The maximum height within 25 feet of an R1 District is 23 feet for a building
with a flat roof. A building with a pitched roof may be built to the maximum height.
2. The building setback from an R1 District boundary shall be 10 feet for
interior side setbacks and 20 feet for rear setbacks.
3. A landscaped planting area, a minimum of 5 feet in width, shall be provided
along all R1 District boundaries. A tree screen shall be planted in this area with trees
planted at a minimum interval of 15 feet.
E. Special Project Design and Development Standards. The new construction of
or new addition to a principal building shall comply with the following standards:
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1. Street-facing pedestrian entries shall not be located below grade,
and any excavation to access the entry shall be prohibited.
2. An additional 5-foot stepback beyond the minimum front setback set
forth in Section 9.08.030 is required for at least 25% of the width of the front façade.
This stepback shall be fully integrated into the building through balconies, decks,
or other elements that articulate the front of the building.
3. All required setbacks and stepbacks set forth in Section 9.08.030
shall be open to the sky except for permitted architectural projections contained in
Section 9.21.110.
4. An additional 2-foot average side stepback from the minimum side
setback requirement set forth in Section 9.08.030 shall be provided at each story.
Stepback areas greater than 5 feet in depth from the minimum side setback, or the
area used to comply with the additional stepback requirements of this Section,
shall not be used to satisfy compliance with this requirement.
5. The allocation of allowable parcel coverage area shall be distributed
to provide clear delineation between individual units through: changes in wall
plane, in plan or section; use of additional stepbacks; use of decks or balconies;
or other architectural and spatial manipulation. A change in plane to differentiate
individual units shall be a minimum of 12 inches. However, more than one but no
more than 3 units may be grouped together for the purpose of providing a shared
entry, balcony or other common exterior space.
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F. Courtyards. Parcels having a width greater than 99 feet and located in the R2,
R3, or R4 District shall provide a courtyard on the lot. Courtyards shall comply with the
following design criteria:
1. Courtyards shall be no less than 10% of the total lot area and in no case
less than 1,000 square feet with a minimum width and length of 18 feet measured parallel
to the front and side parcel lines. Required setback area shall not count toward the
minimum width and length or 1,000 square foot requirement.
2. Courtyards shall be open to the sky, but may include permitted projections
set forth in Section 9.21.110 for side setback projections. If mechanical or utility
equipment is placed in the courtyard, it shall be screened visually and acoustically and
shall not encroach into the minimum courtyard area.
3. A minimum of 50% of the courtyard’s perimeter shall be enclosed by a
building.
4. Courtyards shall be visible and accessible from the sidewalk and each
ground floor unit. Courtyards shall be visible from the street with a minimum 10-foot wide
opening that is open to the sky. For openings less than 18 feet in width into courtyards,
the depth of the opening shall not exceed twice the width of the opening.
5. At least 50% of courtyard areas shall be planted pursuant to Sections
9.26.060 and 9.26.070. Planting shall be at grade or in finished planters not exceeding
18 inches above finished grade. At least one canopy tree in a tree well providing a
minimum soil volume pursuant to Section 9.26.050(A)(3) shall be planted in all courtyards.
6. The majority of primary entrances to all ground floor units shall be accessed
from the street frontage or courtyard.
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G. Planting Areas. The following areas shall be landscaped and may count toward
the total area of site landscaping required by Table 9.08.030.
1. Setback Areas Adjacent to Streets. All visible portions of a required
setback area adjacent to a street that are not used for driveways or walks shall be
dedicated for planting areas or landscaping. These areas shall be planted with the
appropriate number and sizes of trees as necessary to provide shade and to increase a
project’s energy efficiency. Recreational vehicles, utility trailers, unmounted camper tops,
boats, cars, trucks, motorcycles, or other vehicles shall not be parked or stored within a
required planting or landscape area.
2. Interior Side Setback Areas. At least 50% of each required setback area
shall be planting area, except that for parcels less than 50 feet in width, 50% of any one
interior side setback area shall be planted.
3. Adjacent to R1 Districts. A continuous planting area having a minimum
width of 5 feet is provided along interior parcel lines when an R2, R3, or R4 District is
adjacent to an R1 District.
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CHAPTER 9.09 OCEAN PARK NEIGHBORHOOD DISTRICTS
9.09.020 Land Use Regulations.
Table 9.09.020 prescribes the land use regulations for Ocean Park Neighborhood
Districts. The regulations for each district are established by letter designations listed
below. These designations apply strictly to the permissibility of land uses; applications for
buildings or structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with
specific limitations listed at the end of the table.
“CUP” designates use classifications that are permitted after review and approval of a
Conditional Use Permit.
“MUP” designates use classifications that are permitted after review and approval of a
Minor Use Permit.
“–” designates uses that are not permitted.
Land uses are defined in Chapter 9.51, Use Classifications. 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 disturbing or 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.
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TABLE 9.09.020: LAND USE REGULATIONS—OCEAN PARK NEIGHBORHOOD DISTRICTS
Use Classification OP1 OPD OP2 OP3 OP4 Additional Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit 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
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Dwelling L(1) – P P P Section 9.31.195, Multiple-Unit
Dwelling Projects
Duplex P P P P P
For OP1, see Section 9.31.125,
Duplexes and Lot Splits on Parcels
Zoned for Single-Unit Residential
Section 9.31.195, Multiple-Unit
Dwelling Projects
Senior Citizen
Multiple-Unit
Dwelling
L(1) – P P P
Section 9.31.195, Multiple-Unit
Dwelling Projects
Single-Unit Dwelling P P P P P
Housing Types for Specific Uses
Congregate Housing – – P P P Section 9.31.110, Congregate
Housing
Elderly and Long-Term
Care – – CUP CUP CUP
Emergency Shelters – – CUP CUP CUP Section 9.31.130, Emergency
Shelters
Employee Housing P P P P P
Family Day Care See sub-classifications below.
Large P P P P P Section 9.31.140, Family Day
Care, Large
Small P P P P P
Group Residential – – MUP MUP MUP Section 9.31.155, Group
Residential
Senior Group
Residential – L (2) P P P Section 9.31.155, Group
Residential
Residential Facilities See sub-classifications below.
Residential Care,
General – – MUP MUP MUP Section 9.31.270, Residential Care
Facilities
Residential Care,
Limited P P P P P Section 9.31.270, Residential Care
Facilities
Residential Care,
Senior L(2) L(2) L(3)/
MUP L (3)/MUP L (3)/MUP Section 9.31.270, Residential Care
Facilities
Hospice, General – – MUP MUP MUP Section 9.31.270, Residential Care
Facilities
Hospice, Limited P P P P P Section 9.31.270, Residential Care
Facilities
Single-Room Occupancy
Housing – – P P P Section 9.31.330, Single Room
Occupancy Structures
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TABLE 9.09.020: LAND USE REGULATIONS—OCEAN PARK NEIGHBORHOOD DISTRICTS
Use Classification OP1 OPD OP2 OP3 OP4 Additional Regulations
Supportive Housing P P P P P
Transitional Housing P P P P P
Public and Semi-Public Uses
Adult Day Care CUP CUP CUP CUP CUP
Child Care and Early
Education Facilities CUP CUP CUP CUP CUP Section 9.31.120, Child Care and
Early Education Facilities
Community Assembly – – CUP CUP CUP Section 9.31.100, Community
Assembly
Community Gardens P P P P P
Cultural Facilities – CUP CUP CUP CUP Limited to Designated Landmarks
Park and Recreations
Facilities, Public P P P P P
Schools, Public or Private CUP CUP CUP CUP CUP
Commercial Uses
Food and Beverage Sales See sub-classifications below.
General Market – – CUP (4) CUP (4) CUP (4)
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.150, General Markets
in Residential Districts
Lodging See sub-classifications below.
Bed and Breakfast – – CUP CUP CUP
Within Designated Landmarks
only.
Section 9.31.090, Bed and
Breakfasts
Hotels and Motels – – – – CUP
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P P P P P
Utilities, Minor P P P P P
Specific Limitations:
(1) Permitted only on parcels with existing surface parking lots:
(a) Owned in whole or in part by a Community Assembly use in accordance with requirements of Section
9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots; or
(b) Associated with existing multiple-unit dwelling or commercial uses in accordance with requirements of
Section 9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots.
(2) Limited to facilities for 6 or fewer residents; facilities for more than 6 residents not permitted.
(3) Limited to facilities for 6 or fewer residents. Facilities for more than 6 residents require a Minor Use Permit.
(4) Only stores up to 2,500 square feet may be allowed with approval of a Conditional Use Permit. Stores must be
located at least 300 feet from a commercial district with a food and beverage service use.
9.09.030 Development Standards
Table 9.09.030 prescribes development standards for Ocean Park Neighborhood
Districts. Additional regulations are denoted with Section numbers in the right-hand
column or with individual letters in parentheses. Section numbers refer to other Sections
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of this Article, while individual letters in parentheses refer to subsections that directly
follow the table.
TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS
Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
Parcel and Density Standards
Minimum Parcel Size (sq. ft.) 4,000 5,000 5,000 5,000 5,000
Maximum Parcel Size (sq. ft.) See
9.21.030(B)
See
9.21.030(B)
See
9.21.030(B)
See
9.21.030(B)
See
9.21.030(B)
Minimum Parcel Width (ft.) 25 50 50 50 50
Minimum Parcel Depth (ft.) 80 100 100 100 100
Maximum Allowable Density 1 unit per
parcel
2 units per
parcel
1 unit per
2,000 sq.
ft. of
parcel
area
1 unit per
1,500 sq.
ft. of
parcel
area
1 unit per
1,250 sq. ft.
of parcel
area
See (A)
For OP1, a duplex shall be
permitted as provided in
Section 9.31.125, Duplexes
and Lot Splits on Parcels
Zoned For Single-Unit
Residential.
For projects eligible for
density bonus, see Section
9.22.050(C), Calculating
Base Density
Building Form and Location
Maximum Number of Stories
Base Standard 2 2 2 See (B) 2 3
100% Affordable Housing
Projects 2 No limit
to stories
No limit
to stories
No limit
to stories
No limit to
stories
Maximum Building Height (ft.)
Base Standard—Flat Roofs;
Roofs Pitched Less Than 1:3 20 23 23 See
(B) 23 35
Pitched Roofs 27 30 30 See
(B) 30 35
The walls of the building
may not exceed the
maximum height required
for a flat roof
Maximum Parcel Coverage (% of Parcel Area)
Base Standard 50 50 50 50 50
55% for parcels less than 35
ft. in width in OP1
For projects with a base
density consisting of 8 to 10
units, an increase in parcel
coverage shall be permitted
as necessary to ensure a
Floor Area Ratio of 1.25
100% Affordable Housing
Projects 60 60 60 60 60
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TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS
Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
Minimum Setbacks (ft.)
Front
15
[10, if
average of
adjacent
dwelling(s)
is 10 ft. or
less]
30
measured
from the
centerline of
the
walkway
20
[15, if
average of
adjacent
dwelling(s)
is 15 ft. or
less]
20
[15, if
average of
adjacent
dwelling(s)
is 15 ft. or
less]
15
[10, if
average of
adjacent
dwelling(s) is
10 ft. or less]
Except for OPD, a one-
story covered or uncovered
porch open on 3 sides may
encroach 6 ft. into the
required front setback if the
roof does not exceed a
height of 14 ft. and the
porch width does not
exceed 40% of the building
width at the front of the
building
Side—Blank walls and walls
containing secondary
windows on parcels less than
50 ft. in width
Greater of 4 ft. or 10% of parcel width
3 ft. for parcels less than 35
ft. in width in OP1
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, side setbacks shall
be 4’.
Side—Blank walls and walls
containing secondary
windows on parcels 50 ft. or
more in width
See formula in (C)
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, side setbacks shall
be 4’.
Side—Walls containing
primary windows on parcels
less than 50 ft. in width
8 ft. setback from property line. 12 ft. of separation must
be maintained between primary window and any
adjacent structures
3 ft. for parcels less than 35
ft. in width in OP1
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, side setbacks shall
be 4’.
Side—Walls containing
primary windows on parcels
50 ft. or more in width
12 ft. See (C)
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, side setbacks shall
be 4’.
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TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS
Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
Street Side—Parcels less than
50 ft. in width
Greater
of 4 ft. or
10% of
parcel
width
See formula in (C)
3 ft. for parcels less than 35
ft. in width in OP1
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, side setbacks shall
be 4’.
Street Side—Parcels 50 ft. or
more in width See (C) 10 ft. See (C)
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, side setbacks shall
be 4’.
Rear 10 15 15 15 15
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, rear setback shall
be 4’.
Parking
See Sections 9.28.070, Location of Parking and 9.28.120, Parking Design and
Development Standards
Minimum Spacing between
Buildings (ft.) – Buildings facing
each other on the same lot
– See (D) See (D) See (D) See (D)
Transition Requirements
Adjacent to OP1 or OPD
Districts
– – See (F) See (F) See (F)
Open Space & Landscaping
Minimum Outdoor Living Area
(sq. ft.) per Dwelling Unit
Section 9.21.090, Outdoor
Living Area
Private NA 60 60 60 60 Required only of projects
with 2 or more units
Total (including private and
common) NA 150 150 150 100 Required only of projects
with 2 or more units
Minimum Planting Area (% of
parcel area) 25 25 25 25 20
See (G), Chapter 9.26,
Landscaping. Required only
of projects with 2 or more
units
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Accessory Structures Section 9.21.020, Accessory Buildings and Structures
Affordable Housing Production
Program Chapter 9.64, Affordable Housing Production Program
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TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS
Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
Density Bonus Chapter 9.22, Density Bonus
Duplexes and Lot Splits on
Parcels Zoned for Single-Unit
Residential
Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit
Residential
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges
Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Landscaping Section 9.09.030(G), Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects
Multiple-Unit Dwelling Projects
Located on Community
Assembly Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly
Surface Parking Lots
Multiple-Unit Dwelling Projects
Located on Residentially Zoned
Surface Parking Lots
Section 9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned
Surface Parking Lots
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation
Projections into Height Limits Section 9.21.060, Height Projections
Projections into Required
Setbacks
Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight
Plane
Refuse and Recycling Screening
and Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems
A. Maximum Density. The following additional rules apply to the maximum
residential density:
1. Calculation of Units—Remainder Parcel Area. An additional unit is
allowed on a parcel if, after calculating the allowed number of units based on the minimum
required parcel area per unit stated in Table 9.09.030 for the respective district, the
excess parcel area equals or exceeds the following:
a. 1,000 square feet in OP2.
b. 750 square feet in OP3.
c. 625 square feet in OP4.
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2. Parcels Less Than 4,000 Square Feet. No more than one dwelling unit
shall be permitted on a parcel 4,000 square feet or less in area, except that more units
may be otherwise permitted in accordance with Section 9.31.125, Duplexes and Lot Splits
on Parcels Zoned for Single-Unit Residential.
3. Parcels over 10,000 Square Feet—OP2 District. In the OP2 District, the
maximum density on parcels that have an area of 10,000 square feet or more or a
combined street frontage of 100 feet or more shall be one dwelling unit for each 2,500
square feet of combined lot area, except where 100% of the proposed units are deed
restricted for very low, low, middle, and/or moderate income housing, in which case the
density shall be one unit for each 2,000 square feet of parcel area.
4. Parcels over 15,000 Square Feet—OP3 District. In the OP3 District, the
maximum density on parcels that have an area of 15,000 square feet or more or exceed
a combined street frontage of 150 feet shall be one dwelling unit for each 2,000 square
feet (OP3) of combined parcel area, except where 100% of the proposed units are deed
restricted for very low, low, middle, and/or moderate income housing, in which case the
density shall be one unit for each 1,500 square feet of parcel area.
5. Accessory Dwelling Units and Junior Accessory Dwelling Units.
Notwithstanding anything to the contrary in this subsection (A), accessory dwelling units
and junior accessory dwelling units established in accordance with Section 9.31.025 shall
be deemed to meet the allowable density for the parcel on which the accessory dwelling
unit or junior accessory dwelling unit is located.
B. Maximum Height on Sloped Parcels—OP2 District. In the OP2 District, on
upslope parcel where the change in elevation is 10 feet or greater from the finished
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surface of the sidewalk adjacent to the property line to the required rear setback line, the
maximum allowable height for structures is:
1. One story and 14 feet in height for the first 15 feet of horizontal distance on
the parcel measured from the front parcel line.
2. 2 stories and 18 feet for a flat roof or 23 feet for a pitched roof for that portion
of the structure located between 15.1 feet and 30 feet from the front parcel line.
3. The maximum permitted height for structures beyond 30 feet from the front
parcel line shall be 2 stories and 23 feet for a flat roof or 30 feet for structures with a
pitched roof.
4. The finished grade shall be no more than 3 feet below or above the
theoretical grade line at any point adjacent to a building if excavation occurs. An opening
to a garage may remain unexcavated.
C. Front and Side Setbacks.
1. The front setback on Copeland Court shall be 30 feet measured from the
center line of the walkway.
2. The following formula shall be used to determine the required side setback
for blank walls and walls containing secondary windows. In the OP1 District, this formula
shall also be used to determine the required street side setback on lot parcels 50 feet or
more in width. In the OP2, OP3, and OP4 districts, it shall be used to determine the
required street side setback on parcels less than 50 feet in width. The setback is
calculated as follows:
Setback (ft.) = 5′ + (stories x parcel width)
50′
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3. Within the required side setback area for corner parcels 50 feet or greater
in width, covered or uncovered stairways or porches not exceeding 35% of the building
frontage on the street side may encroach up to 5 feet into the required side setback.
4. Within the required side or street side setback area for parcels 50 feet or
greater in width, the second floor side setback above a primary window shall not project
more than 2 feet into the required side setback.
D. Building Spacing. Buildings that face each other on the same lot shall be
separated by the following minimum distances:
1. 15 feet if one building has primary windows facing the other.
2. 25 feet when the windows of primary spaces in both buildings face each
other on the ground or second level, except 15 feet when they are visually separated by
a solid wall or opaque fence over 5 feet 6 inches in height.
3. 10 feet when secondary windows face each other or when a secondary
window faces a blank wall.
E. Roof Decks. The handrail surrounding a roof deck shall be set back a minimum
of three feet from the edge of the building at the side and rear façades.
F. Transition Requirements Adjacent to OP1 or OPD District. Where an OP2,
OP3 or OP4 District adjoins an OP1 or OPD District, the following standards apply:
1. The maximum height within 25 feet of an OP1 or OPD District is 23 feet for
a building with a flat roof and 27 feet for a building with a pitched roof.
2. The building setback from an OP1 or OPD District boundary shall be 10 feet
for interior side setbacks and 20 feet for rear setbacks.
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3. A landscaped planting area, a minimum of 5 feet in width, shall be provided
along all OP1 or OPD District boundaries. A tree screen shall be planted in this area with
trees planted at a minimum interval of 15 feet.
FIGURE 9.09.030.F: TRANSITION REQUIREMENTS ADJACENT TO OP1 OR OPD DISTRICT—OCEAN PARK
NEIGHBORHOOD DISTRICT
G. Planting Areas. The following areas shall be landscaped, and may count toward
the total area of site landscaping required by Table 9.09.030.
1. Setback Areas Adjoining Streets. All visible portions of a required setback
area adjoining a street that are not used for driveways or walks shall be planting area or
landscape. Recreational vehicles, utility trailers, un-mounted camper tops, boats, cars,
trucks, motorcycles, or other vehicles shall not be parked or stored within a required
planting or landscape area.
2. Interior Setback Areas. At least 50% of each required interior side setback
and rear setback shall be planting area having a minimum width of 7.5 feet adjoining a
side or rear parcel line. The width of a required planting area may be reduced to 3 feet in
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one side or rear setback area adjoining a driveway or patio, and a nonresidential
accessory structure may occupy a portion of the planting area in a rear setback area.
3. Adjoining OP1 and OPD Districts. A continuous planting area having a
minimum width of 5 feet shall be provided along interior parcel lines when an OP2, OP3,
or OP4 District adjoins an OP1 or OPD District.
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CHAPTER 9.10 DOWNTOWN DISTRICTS
Section 9.10.040 Land Use Regulations
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.
“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.
“CUP” designates use classifications that are permitted after review and approval of a
Conditional Use Permit.
“—” 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 disturbing or 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.
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TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
Residential Uses
Residential Dwelling Types
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 Dwelling P P L(1) L(1) P P P
Section 9.31.195,
Multiple-Unit
Dwelling Projects
Housing Types for Specific Needs
Congregate Housing P MUP,
L(3) MUP, L(1) MUP, L(1) MUP MUP MUP
Section 9.31.110,
Congregate
Housing
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)/C
UP
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)
Group Residential MUP MUP,
L(3) MUP, L(1) MUP, L(1) MUP MUP MUP Section 9.31.155,
Group Residential
Senior Group Residential P L(3) P P P P P Section 9.31.155,
Group Residential
Low Barrier Navigation
Centers P P P P P P P
Section 9.31.175,
Low Barrier
Navigation
Centers
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 P L(1) L(1) P P P
Residential Care, Senior P L(9) L(1) L(1) P L(9) L(9)
Hospice, General P L(3) L(1) L(1) P L(1) L(1) Section 9.31.270,
Residential Care
Facilities Hospice, Limited P P L(1) L(1) P P P
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
Supportive Housing P P L(1) L(1) P P P
Transitional Housing P P L(1) L(1) P P P
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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) P CUP L(1) L(7)/
CUP
Section 9.31.100,
Community
Assembly
Community Gardens P P - 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)
Section 9.31.050,
Automobile
Rental
Automobile Storage Use - - - - - - -
Section 9.31.070
Automobile/Vehi
cle Sales,
Leasing, and
Storage
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)/C
UP
- -
Additions 7,500 sq ft or
less to Automobile/
Vehicle Sales and
Leasing buildings
existing as of 7/06/2010
L(20)/
MUP
- - - - - -
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) - - - - - - Section 9.31.060,
Automobile/Vehi
cle Repair, Major
and Minor
Automobile/Vehicle Service
and Repair, Minor
L(19) - - - - - -
Automobile/Vehicle
Washing
L(19) - - - - - - Section 9.31.080,
Automobile/Vehi
cle Washing
Service Station L(19) L(19) - - L(19) - - Section 9.31.320,
Service Stations
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
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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 P P P - -
Cinemas & Theaters, more
than 99 seats
- - P CUP CUP - -
Convention and Conference
Centers
CUP CUP P CUP CUP CUP CUP
Large-Scale Facility L(21)/
CUP
L(21)/
CUP
L(21)/CU
P
L(21)/ CUP L(21)/
CUP
L(21)/
CUP
-
Small-Scale Facility L(5)/CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/C
UP
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 CUP CUP CUP CUP(1
0)
- Section 9.31.040,
Alcoholic
Beverage Sales
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
Section 9.31.280,
Restaurants,
Limited Service,
and Take-Out
Only
Section 9.31.200,
Outdoor Dining
and Seating
Section 9.31.290,
Restaurants with
Entertainment
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
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
Food Hall (up to 175 seats) CUP CUP P CUP CUP CUP
CUP
Equipment Rental - - - - L(5)/C
UP
- -
Food and Beverage Sales See sub-classifications below.
Convenience Market CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/C
UP
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 P 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)/C
UP
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)(1
3)
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 L(5)/CUP - - - - - -
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Services
Nurseries and Garden Centers L(5)/CUP L(5)/CUP - L(5)/CUP L(5)/C
UP
- 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)/C
UP
L(1) L(1)
Creative L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/C
UP
L(1) L(1)
Medical and Dental L(14)/
CUP
L(3),
L(5)/CUP
P L(1) L(3),
L(5)/C
UP
L(1) L(1)
Walk-In Clientele L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(5)/CUP L(3),
L(5)/C
UP
L(5)/
CUP
L(5)/
CUP
Outdoor Newsstands MUP MUP MUP MUP MUP MUP MUP Section 9.31.210,
Outdoor
Newsstands
Parking, Public or Private CUP 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)/C
UP
- 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)/CU
P
L(17),
L(5)/CUP
L(17),
L(5)/C
UP
L(17),
L(5)/
CUP
L(17),
L(5)/
CUP
Tattoo or Body Modification
Parlor
P P P P P P P 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, Small-
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
- - - - - - -
Medical Marijuana
Dispensaries
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)/C
UP
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 - -
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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 this Ordinance 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 one alternative fuel automobile/vehicle if such an
automobile/vehicle is available in the dealer’s fleet, and limited to six showrooms in the Third Street Promenade Area.
(9) Facilities for 6 or fewer residents are permitted by right. Facilities for more than 6 residents shall be subject to L(1) if
located in the OT and WT zoning districts and L(3) if located in the NV zoning district.
(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) 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
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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.
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CHAPTER 9.11 MIXED-USE AND COMMERCIAL DISTRICTS
9.11.020 Land Use Regulations
Table 9.11.020 prescribes the land use regulations for Mixed-Use and Commercial
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.
“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.
“CUP” designates use classifications that are permitted after review and approval of a
Conditional Use Permit.
“—” 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 disturbing or 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.
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TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS
Use Classification MUBL MUB GC NC Additional Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Dwelling P P P L(1) Section 9.31.195, Multiple-Unit
Dwelling Projects
Senior Citizen Multiple-Unit Dwelling P P P L(1) Section 9.31.195, Multiple-Unit
Dwelling Projects
Housing Types for Specific Uses
Congregate Housing P P P P Section 9.31.110, Congregate
Housing
Elderly and Long-Term Care P P P –
Emergency Shelters L(3)/CUP L(3)/CUP L(3)/CUP L(3)/CUP Section 9.31.130, Emergency
Shelters
Family Day Care See sub-classifications below.
Large P P P P Section 9.31.140, Family Day
Care, Large
Small P P P P
Group Residential MUP MUP MUP MUP Section 9.31.155, Group
Residential
Senior Group Residential P P P P Section 9.31.155, Group
Residential
Low Barrier Navigation Centers P P P P Section 9.31.175, Low Barrier
Navigation Centers
Residential Facilities See sub-classifications below.
Residential Care, General P P P P Section 9.31.270, Residential
Care Facilities
Residential Care, Limited P P P P Section 9.31.270, Residential
Care Facilities
Residential Care, Senior P P P P Section 9.31.270, Residential
Care Facilities
Hospice, General P P P P Section 9.31.270, Residential
Care Facilities
Hospice, Limited P P P P Section 9.31.270, Residential
Care Facilities
Single-Room Occupancy Housing P P P P Section 9.31.330, Single Room
Occupancy Structures
Supportive Housing P P P P
Transitional Housing P P P P
Public and Semi-Public Uses
Adult Day Care P P P L(2)/CUP
Child Care and Early Education Facilities P P P L(2)/CUP Section 9.31.120, Child Care and
Early Education Facilities
Colleges and Trade Schools, Public or Private CUP CUP P CUP
Community Assembly L(18)/CUP L(18)/CUP L(18)/CUP L(18)/CUP Section 9.31.100, Community
Assembly
Community Gardens P P P P
Cultural Facilities P P P L(2)/CUP
Hospitals and Clinics – P CUP –
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TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS
Use Classification MUBL MUB GC NC Additional Regulations
Park and Recreation Facilities, Public P P P P
Public Safety Facilities P P P CUP
Schools, Public or Private P CUP CUP P
Social Service Centers 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(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP No more than 10 dogs or cats may
be kept overnight
Pet Day Care Services MUP MUP MUP MUP
Veterinary Services MUP MUP MUP MUP
Automobile/Vehicle Sales and Service See sub-classifications below.
Alternative Fuels and Recharging
Facilities CUP CUP CUP CUP
Automobile Rental CUP MUP MUP – Section 9.31.050, Automobile
Rental
Automobile Storage Use L(4)/CUP – – –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
New Automobile/Vehicle Sales and Leasing – – CUP(6) –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Additions 7,500 square feet or less to
Automobile/Vehicle Sales and Leasing
buildings existing as of 07/06/2010
L(5)/MUP L(5)/MUP L(5)/MUP –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Additions larger than 7,500 square feet to
Automobile/
Vehicle Sales and Leasing buildings
existing as of 07/06/2010
CUP (5) CUP (5) CUP (5) –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Automobile/Vehicle Repair, Major – – CUP –
Section 9.31.060,
Automobile/Vehicle Repair,
Major and Minor
Automobile/Vehicle Service and Repair,
Minor CUP – CUP –
Section 9.31.060,
Automobile/Vehicle Repair,
Major and Minor
Automobile/Vehicle Washing – – CUP – Section 9.31.080,
Automobile/Vehicle Washing
Service Station CUP CUP MUP – Section 9.31.320, Service Stations
Towing and Impound – – CUP –
Banks and Financial Institutions See sub-classifications below.
Banks and Credit Unions L(2)/CUP L(2)/CUP L(2)/CUP L(2)/CUP
Check Cashing Businesses – – – –
Business Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP
Commercial Entertainment and Recreation See sub-classifications below.
Cinemas L(7) – – L(7)
Theaters L(8)/CUP L(8)/CUP L(8)/CUP L(8)/CUP
Convention and Conference Centers – CUP CUP –
Large-Scale Facility CUP CUP CUP -
Small-Scale Facility L(9)/CUP L(9)/CUP L(9)/CUP CUP (16) Section 9.31.340, Small-Scale
Facility, Game Arcades
Fortunetelling P P P P
Eating and Drinking Establishments See sub-classifications below.
Bars/Nightclubs/Lounges CUP CUP CUP - Section 9.31.040, Alcoholic
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TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS
Use Classification MUBL MUB GC NC Additional Regulations
Beverage Sales
Restaurants, Full-Service, Limited Service
& Take-Out (2,500 square feet and smaller,
including Outdoor Dining and Seating)
P P P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.290, Restaurants
With Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service
& Take-Out (2,501 – 5,000 square feet,
including Outdoor Dining and Seating)
P P P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.290, Restaurants
With Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service
& Take-Out (greater than 5,000 square
feet, including Outdoor Dining and
Seating)
CUP CUP CUP CUP (10)(11)
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.290, Restaurants
With Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Food Hall (up to 175 seats) CUP CUP CUP CUP
Equipment Rental – L(19)/CUP L(19)/CUP –
Food and Beverage Sales See sub-classifications below.
Convenience Market CUP CUP CUP CUP Section 9.31.040, Alcoholic
Beverage Sales
Farmers Markets CUP CUP CUP CUP
General Market L(12)/CUP L(12)/CUP L(12)/CUP L(12)/CUP Section 9.31.040, Alcoholic
Beverage Sales
Liquor Stores CUP CUP CUP CUP Section 9.31.040, Alcoholic
Beverage Sales
Funeral Parlors and Mortuaries – CUP CUP –
Instructional Services L(19)/CUP L(19)/CUP L(19)/CUP L(17)/CUP
Live-Work L(14) L(14) L(14) L(14) Section 9.31.170, Live-Work
Lodging See sub-classifications below.
Bed and Breakfast MUP MUP MUP MUP Section 9.31.090, Bed and
Breakfasts
Hotels and Motels CUP CUP CUP –
Maintenance and Repair Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP
Nurseries and Garden Centers L(19)/CUP L(19)/CUP L(19)/CUP L(17)/CUP Section 9.31.220, Outdoor Retail
Display and Sales
Offices See sub-classifications below.
Business and Professional L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Creative L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Medical and Dental L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Walk-In Clientele L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Outdoor Newsstands MUP MUP MUP MUP Section 9.31.210, Outdoor
Newsstands
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TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS
Use Classification MUBL MUB GC NC Additional Regulations
Parking, Public or Private CUP CUP CUP CUP
Personal Services See sub-classifications below.
General Personal Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Section 9.31.230, Personal
Service
Personal Services, Physical Training L(19)(20) L(19)(20) L(19)(20) L(2)(20)/CUP
Tattoo or Body Modification Parlor P P P P Section 9.31.230, Personal
Service
Retail Sales See sub-classifications below.
Building Materials Sales and Services – – CUP – Section 9.31.220, Outdoor Retail
Display and Sales
General Retail Sales, Small-Scale L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Section 9.31.220, Outdoor Retail
Display and Sales
General Retail Sales, Medium-Scale CUP CUP L(19)/CUP – Section 9.31.220, Outdoor Retail
Display and Sales
General Retail Sales, Large-Scale – – CUP – Section 9.31.220, Outdoor Retail
Display and Sales
Medical Marijuana Dispensaries CUP(15) CUP(15) CUP(15) – Section 9.31.185, Medical
Marijuana Dispensaries
Pawn Shops – – – –
Swap Meets – – CUP – Section 9.31.360, Swap Meets
Industrial Uses
Artist’s Studio P P P P
Commercial Kitchens – – CUP –
Media Production See sub-classifications below.
Support Facilities L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P P
City Bikeshare Facility P P P P
Communication Facilities See sub-classifications below.
Antennas and Transmission Towers – – CUP – Chapter 9.32, Personal Wireless
Service Facilities
Equipment within Buildings – – P –
Light Fleet-Based Services – – CUP –
Utilities, Major – L(13) L(13) –
Utilities, Minor P P P P
Specific Limitations:
(1) Limited to the upper floors and areas not subject to the Active Use Requirement set forth in Section 9.11.030(A) for
parcels located on Main Street, Montana Avenue, Pico Boulevard, and Ocean Park Boulevard. Permitted on all floors for all other
parcels.
(2) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or
enlargement of tenant spaces: Limited to facilities with no more than 7,500 square feet of floor area and/or 40 linear feet of ground
floor street frontage; greater area and/or width requires approval of a Conditional Use Permit.
(3) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency shelters with 55 or more
beds.
(4) Limited to automobile storage use associated with existing automobile dealerships selling new vehicles; otherwise,
requires Conditional Use Permit.
(5) 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 that do not conform to the Urban Auto Dealership Format standards shall require
a MUP or CUP.
(6) New auto dealerships may be allowed, subject to approval of a Conditional Use Permit, only on sites with frontage on
Santa Monica Boulevard between Lincoln Boulevard and 20th Street on Lincoln Boulevard between Interstate 10 and Santa Monica
Boulevard. In other locations, new automobile dealerships are not permitted.
(7) Limited to existing cinema buildings. New cinemas are not permitted.
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TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS
Use Classification MUBL MUB GC NC Additional Regulations
(8) Limited to theaters with 75 or fewer seats. Theaters with more than 75 seats require Conditional Use Permit.
(9) Limited to exercise facilities (e.g., yoga, Pilates, martial arts, and dance studios) and arts instruction facilities. Other
small-scale commercial recreation uses require approval of a Conditional Use Permit.
(10) Limited to restaurants with 50 or fewer seats.
(11) Limited to 2 restaurants greater than 5,000 square feet per block along Main Street. A block is defined as both sides of
Main Street and the adjacent sides of adjoining side streets. Portions of Main Street to be designated a “block” for the purpose of
this Section are as follows:
Block 1: South City limits to Marine Street.
Block 2: Marine Street to Pier Avenue.
Block 3: Pier Avenue to Ashland Avenue.
Block 4: Ashland Avenue to Hill.
Block 5: Hill to Ocean Park Boulevard.
Block 6: Ocean Park Boulevard to Hollister Avenue (total of four restaurants and bars permitted in this block).
Block 7: Hollister Avenue to Strand.
Block 8: Strand to Pacific.
Block 9: Pacific to Bicknell.
Block 10: Bicknell to Bay.
Block 11: Bay to Pico Boulevard.
(12) General markets greater than 15,000 square feet require a Conditional Use Permit. In the Neighborhood Commercial
District, establishments shall not exceed 25,000 square feet of floor area.
(13) Limited to electric distribution substations.
(14) If the commercial use requires a MUP or CUP, an application shall be required in accordance with 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 uses that generate airborne particulates in a
unit with an unenclosed kitchen.
(15) Medical marijuana dispensaries are limited to the following locations:
• MUB District along Wilshire Boulevard between Lincoln Boulevard and Centinela Avenue;
• GC District along Santa Monica Boulevard between Lincoln Boulevard and 20th Street; and
• MUBL District along Santa Monica Boulevard between 23rd Street and Centinela Avenue.
(16) Limited to facilities of no more than 3,000 square feet of floor area.
(17) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or
enlargement of tenant spaces: No individual tenant space in the NC District shall occupy more than 7,500 square feet of floor area
and/or exceed 50 linear feet of ground floor street frontage without the approval of a Conditional Use Permit.
(18) Any community assembly facility abutting a residential district shall require a Conditional Use Permit.
(19) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or
enlargement of tenant spaces: No individual tenant space in the MUBL, MUB, and GC Districts shall occupy more than 12,500
square feet of floor area and/or exceed 75 linear feet of ground floor street frontage without the approval of a Conditional Use
Permit.
(20) Youth-serving personal services, physical training requires review and approval of a passenger loading and drop-off plan
by the Director.
(21) Permitted if within buildings existing as of July 24, 2015, subject to the active use requirement set forth in Section
9.11.030(A)(1), except:
• All new construction, including new additions of 50% or more additional square footage to an existing building at any one
time, or incrementally, after the effective date of this Ordinance, requires approval of a Conditional Use Permit.
• In the NC District, ground floor, street-fronting, tenant space occupied by non-media production, support facility uses shall
not be changed to an individual office use or media production, support facility use occupying more than 12,500 square
feet of floor area and/or exceeding 75 linear feet of street frontage without the approval of a Conditional Use Permit.
• In the NC District, no non-medical or non-dental office use tenant space shall be changed to an individual medical or dental
office use anywhere in an existing building occupying more than 7,500 square feet of floor area and/or exceeding 50 linear
feet of ground floor street frontage without the approval of a Conditional Use Permit.
• In the MUBL, MUB, and GC Districts, no non-medical or non-dental office use tenant space shall be changed to an
individual medical or dental office use anywhere in an existing building occupying more than 12,500 square feet of floor
area and/or exceeding 75 linear feet of ground floor street frontage without approval of a Conditional Use Permit.
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9.11.030 Development Standards
Table 9.11.030.A, Development Standards for All Projects, Except Housing Projects,
prescribes the development standards for all projects, except housing projects, as defined
by Section 9.52.020.1125, in Mixed-Use and Commercial Districts. Additional regulations
are denoted with Section numbers in the right-hand column or with individual letters in
parentheses. Section numbers refer to other Sections of this Article, while individual
letters in parentheses refer to subsections that directly follow the table.
TABLE 9.11.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — MIXED-
USE AND COMMERCIAL DISTRICTS
Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln &
Pico
Blvds)
NC NC
(Main St)
NC
(Ocean
Park Blvd
&
Montana
Ave)
Additional
Regulations
Parcel and Intensity Standards
Minimum Parcel Size (sq.
ft.) 7,500 7,500 7,500 7,500 5,000 5,000
5,000
See (F),
Consolidation of
Parcels
Minimum Parcel Width (ft.) 50 50 50 50 50 50 50
Minimum Parcel Depth (ft.) 150 150 150 150 100 100 100
Maximum FAR Section 9.04.080,
Determining FAR
Tier 1 — Base Standard 1.25 1.25 1.0 1.25 1.25 0.75 0.75
Tier 1 — Projects
Including On-Site
Affordable Housing in
Compliance with AHPP
1.5 1.5 1.25 1.5 1.5 1.0 1.0
Chapter 9.64,
Affordable Housing
Production Program
Tier 2 — With Provision
of Community Benefits 1.75 2.25 1.5
1.75 (2.0 if
on-site
affordable
housing
provided)
NA NA NA Chapter 9.23,
Community Benefits
Building Form and Location
Maximum Building Height (stories/ft.) Section 9.04.050,
Measuring Height
Tier 1 — Base Standard 2/32′ 2/32′ 2/32′ 2/32′ 2/32′ 2/27′ 2/32′
Tier 1 — Projects
Including On-Site
Affordable Housing in
Compliance with AHPP
3/36′
3/39′ if
100%
residential
above
ground
floor, 3/35′
for all
other
projects
NA 3/36′ 2/32′ 2/27′ 2/32′
Chapter 9.64,
Affordable Housing
Production Program
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TABLE 9.11.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — MIXED-
USE AND COMMERCIAL DISTRICTS
Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln &
Pico
Blvds)
NC NC
(Main St)
NC
(Ocean
Park Blvd
&
Montana
Ave)
Additional
Regulations
Tier 2 —With Provision of
Community Benefits 3/36′ 3/45′ 2/35′
3/32′
(3/36′ if
on-site
affordable
housing
provided)
NA NA NA Chapter 9.23,
Community Benefits
Tier 2 —
With Provision of
Community Benefits and
100% Residential Above
the Ground Floor
No limit to
stories/36′
No limit to
stories/50′
No limit to
stories/35′
No limit to
stories/32′
(36′ if on-
site
affordable
housing
provided)
NA NA NA Chapter 9.23,
Community Benefits
Minimum Ground Floor
Height (ft.) 11′ 11′ 11′ 11′ 11′ 11′ 11′
Maximum Building Footprint (sq. ft.)
Tier 1 25,000 25,000 25,000 15,000 10,000 10,000 10,000
Tier 2 — With Provision
of Community Benefits 35,000 35,000 35,000 20,000 15,000 15,000 15,000 Chapter 9.23,
Community Benefits
Minimum Setbacks (ft.)
Interior Side and Rear—
Adjacent to Residential
District
10 10 10 10 10 10
See (E) 10
Section 9.21.110,
Projections from
Buildings into
Minimum Setbacks
and Daylight Plane
Parking See Sections 9.28.070, Location of Parking and 9.28.120, Parking Design and Development Standards
Active Commercial Design See (A) See (A) See (A) See (A) See (A) See (A) See (A)
Pedestrian Oriented Design See (B) See (B) See (B) See (B) See (B) See (B) See (B)
Build-To Line,
Nonresidential Uses See (C) See (C) See (C) See (C) See (C) See (C) See (C)
Minimum Upper-Story Stepbacks (ft.)—Required Above the Ground Floor
Street-Facing Façades 5′ average 5′ average 5′ average 5′ average 5′
average 5′ average 5′ average
Daylight Plane Adjacent to
Residential District—Interior
Side and Rear
See (D) See (D) See (D) See (D) See (D) See (D) See (D) Section 9.21.060,
Height Projections
Standards for Residential Uses
Minimum Outdoor Living
Area (sq. ft./unit)—Sites
with 3 or More Units
(including private and
common)
100 100 100 100 100 100 100 Section 9.21.090,
Outdoor Living Area
Minimum Amount
Provided as Private
Outdoor Living Area (sq.
ft./unit)
60 60 60 60 60 60 60 Section 9.21.090,
Outdoor Living Area
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Accessory Food Service Section 9.31.030, Accessory Food Service
Accessory Structures Section 9.21.020, Accessory Buildings and Structures
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TABLE 9.11.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — MIXED-
USE AND COMMERCIAL DISTRICTS
Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln &
Pico
Blvds)
NC NC
(Main St)
NC
(Ocean
Park Blvd
&
Montana
Ave)
Additional
Regulations
Affordable Housing
Production Program Chapter 9.64, Affordable Housing Production Program
Automobile/ Vehicle Sales,
Leasing, and Storage Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage
Density Bonus Chapter 9.22, Density Bonus
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges
Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling
Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Landscaping and Street
Trees Subsection 9.11.030(F), Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling
Projects Section 9.31.195, Multiple-Unit Dwelling Projects
Multiple-Unit Dwelling
Projects Located on
Community Assembly
Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking
Lots
Off-Street Parking and
Loading Chapter 9.28, Parking, Loading, and Circulation
Projections into Height
Limits
Section 9.21.060, Height Projections
Projections into Required
Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane
Refuse and Recycling
Screening and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards
Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems
Table 9.11.030.B, Development Standards For Housing Projects, prescribes the
development standards for housing projects, as defined by Section 9.52.020.1125, in
Mixed-Use and Commercial Districts. Additional regulations are denoted with Section
numbers in the right-hand column or with individual letters in parentheses. Section
numbers refer to other Sections of this Article, while individual letters in parentheses refer
to subsections that directly follow the table.
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TABLE 9.11.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — MIXED- USE AND COMMERCIAL DISTRICTS
Standard
MUBL
(N. of
I-10)
MUBL
(Pico
Blvd)
MUBL
(Lincoln Blvd
& Main St)
MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln
Blvd)
GC
(Pico
Blvd)
NC
NC
(Main St, Ocean
Park Blvd, &
Montana Ave)
Additional
Regulations
Parcel and Intensity Standards
Minimum Parcel
Size (sq. ft.) 7,500 7,500 7,500 7,500 7,500 7,500 7,500 5,000 5,000 See (F), Consolidation
of Parcels
Minimum Parcel
Width (ft.) 50 50 50 50 50 50 50 50 50
Minimum Parcel
Depth (ft.) 150 150 150 150 150 150 150 100 100
Maximum FAR Section 9.04.080,
Determining FAR
Housing
Projects 3.25
2.0
(2.5 west
of
Lincoln
Blvd)
2.5 3.25 3.25 2.5 2.0 2.25 2.5
100%
Affordable
Housing
Projects
3.75
2.5
(3.0 west
of
Lincoln
Blvd)
3.0 3.75 3.75 3.0 2.5 2.75 3.0
Building Form and Location
Maximum Building Height (ft.) Section 9.04.050,
Measuring Height
Housing
Projects 70’
45’
(55’
west of
Lincoln
Blvd)
55’ 70’ 70’ 55’ 45’ 50’ 55’
100%
Affordable
Housing
Projects
80’
55’
(65’
west of
Lincoln
Blvd)
65’ 80’ 80’ 65’ 55’ 60’ 65’
Minimum
Ground Floor
Height (ft.)
11’ 11’ 11’ 11’ 11’ 11’ 11’ 11’ 11’
Maximum Building Footprint (sq. ft.)
Housing
Projects 35,000 35,000 35,000 35,000 35,000 20,000 20,000 15,000 15,000
Minimum Setbacks (ft.)
Interior Side
and Rear —
Adjacent to
Residential
District
10 10 10 10 10 10 10 10 10
See (E)
Section 9.21.110,
Projections from
Buildings into
Minimum Setbacks and
Daylight Plane
Active
Commercial
Design
See (A) See (A) See (A) See (A) See (A) See (A) See (A) See (A) See (A)
Pedestrian
Oriented Design See (B) See (B) See (B) See (B) See (B) See (B) See (B) See (B) See (B)
Build-To Line,
Nonresidential
Uses
See (C) See (C) See (C) See (C) See (C) See (C) See (C) See (C) See (C)
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Minimum Upper-Story Stepbacks (ft.)—Required Above the Ground Floor
Street-Facing
Façades 5′ average 5′
average 5′ average 5′ average 5′ average 5′
average
5’
average
5′
average 5′ average
Daylight Plane
Adjacent to
Residential
District—Interior
Side and Rear
See (D) See (D) See (D) See (D) See (D) See (D) See (D) See (D) See (D) Section 9.21.060,
Height Projections
Standards for Residential Uses
Minimum
Outdoor Living
Area (sq.
ft./unit)—Sites
with 3 or More
Units (including
private and
common)
100 100 100 100 100 100 100 100 100 Section 9.21.090,
Outdoor Living Area
Minimum
Amount
Provided as
Private
Outdoor
Living Area
(sq. ft./unit)
60 60 60 60 60 60 60 60 60 Section 9.21.090,
Outdoor Living Area
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Accessory Food Service Section 9.31.030, Accessory Food Service
Accessory Structures Section 9.21.020, Accessory Buildings and Structures
Affordable Housing Production Program Chapter 9.64, Affordable Housing Production Program
Automobile/ Vehicle Sales, Leasing, and
Storage Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage
Density Bonus Chapter 9.22, Density Bonus
Fences, Walls, and Hedges Section 9.21.050, Fences, Walls, and Hedges
Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Landscaping and Street Trees Subsection 9.11.030(F), Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects
Multiple-Unit Dwelling Projects Located
on Community Assembly Surface Parking
Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation
Projections into Height Limits Section 9.21.060, Height Projections
Projections into Required Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane
Refuse and Recycling Screening and
Enclosure Section 9.21.130, Resource Recovery and Recycling Standards
Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems
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A. Active Ground Floor Use and Design.
1. Active Use Requirement. Except as exempted in subsection A(3), below,
the ground-floor street frontage of buildings on defined Commercial Boulevards, within
LUCE-designated Activity Centers, and within Neighborhood Commercial Districts on
Main Street and Montana Avenue shall be required to have active use areas that
accommodate commercial uses, subject to the following:
a. Active use areas are required to have a minimum average depth of
40 feet, but no less than 25 feet, for a minimum of 60% of the ground-floor
frontage, to the maximum extent feasible.
b. Within LUCE-designated Activity Centers and Neighborhood
Commercial Districts on Main Street and Montana Avenue, uses within these
active use areas shall be limited to the following:
i. Cultural facilities;
ii. Food and beverage sales;
iii. Eating and drinking establishments;
iv. Grooming and pet stores;
v. Banks and credit unions;
vi. Business services;
vii. Commercial entertainment, recreation, and instructional services;
viii. General personal services and personal physical training;
ix. General retail sales; and
x. Childcare facilities.
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c. In other commercial districts not identified in subsection (A)(1)(b),
above, the following uses are prohibited within these active use areas:
i. Offices, with the following exceptions:
(1) Creative offices or offices with walk-in clientele, and
(2) Offices within a structure that was designed, approved, and
continuously used with office at the ground level, facing the street.
2. Active Commercial Design. Where an active use is required for new
buildings, the ground-floor street frontage shall be designed to accommodate commercial
uses and activities, subject to the following:
a. Street Facing Facades. A minimum of 50% of each street facing
façade shall be transparent and include windows, doors, and other openings
between 2.5 and 8 feet above finished grade. Openings fulfilling this requirement
shall have transparent glazing or openings that provide views into work areas,
display areas, sales areas, lobbies, or similar active spaces, or into window
displaying merchandise or other items other than signs that are at least 3 feet deep.
This requirement may be modified by the Architectural Review Board if it can be
demonstrated that the fulfillment of this requirement materially interferes with the
project’s ability to meet the requirements of Municipal Code Chapter 8.36 – Energy
Code.
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FIGURE 9.11.030.A: STREET-FACING FAÇADES
b. A minimum of one pedestrian entrance facing the Commercial
Boulevard.
3. Exemptions for Certain Housing Projects.
a. 100% Affordable Housing Projects. 100% Affordable Housing
Projects are exempt from the provision of subsection A, except that 100%
Affordable Housing Projects within the Neighborhood Commercial Districts on
Main Street and Montana Avenue shall be subject to subsections (A)(1) (a) and
(b).
b. All Other Housing Projects. Except as provided below, Housing
Projects on defined Commercial Boulevards are exempt from the provisions of
subsection (A).
i. Housing Projects located within the Neighborhood Commercial
Districts on Pico Boulevard and Ocean Park Boulevard are subject to
subsection (A)(1)(a).
ii. Housing Projects on defined Commercial Boulevards shall be
subject to the limitation on office use set forth in subsection (A)(1)(c).
B. Pedestrian-Oriented Design.
1. No more than 20 feet or 40% of a building’s ground floor façade, whichever
is less, may be continuous blank or featureless linear street-level frontage.
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2. New development shall incorporate the following design elements at the
ground floor level:
a. Street-Facing Facades.
i. Articulated façades at the ground floor street frontage, which may include,
but not necessarily require, such measures as indentation in plane, change of materials
in a complimentary manner, sensitive composition and juxtaposition of openings and solid
wall and/or building frame and projecting elements such as awnings and marquees to
provide shade and shelter;
ii. Exterior lighting which provides for a secure nighttime pedestrian
environment by reinforcing entrances, public sidewalks and open areas with a safe level
of illumination which avoids off-site glare.
b. Ground-Floor Street Frontages Along Commercial Boulevards. The finished
ground floor level along the Commercial Boulevard shall not exceed 18 inches lower or
higher than the finished grade of the adjacent sidewalk.
c. Sloped Ground-Floor Street Frontages Along Commercial Boulevards. On
parcels with a grade change of 10% or more along the length of the parcel line adjacent
to the Commercial Boulevard, the finished ground floor level along the Commercial
Boulevard shall not exceed 18 inches lower or 3 feet higher than the finished grade of the
adjacent sidewalk.
3. Residential uses at the ground floor street frontage shall incorporate planted
areas, porches, front stairs, and/or other elements that contribute to a pedestrian
environment. Pedestrian-oriented design elements may also include street furniture or
other seating surfaces on private property and design amenities scaled to the pedestrian
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such as awnings, drinking fountains, paseos, arcades, colonnades, plazas,
noncommercial community bulletin boards, public or private art, and alternative paving
materials in areas of pedestrian access.
4. When provided, storefront security grates or grilles shall be located inside
exterior windows, shall be retractable into pockets or overhead cylinders, and shall be
completely concealed when retracted.
5. Alternatives to the requirements of this Section 9.11.030(B) may be
approved if the Review Authority finds that the proposed use has unique operational
characteristics with which providing the required windows and openings is incompatible,
and street-facing building walls will exhibit architectural relief and detail and be enhanced
with landscaping in such a way as to create visual interest at the pedestrian level.
C. Build-To Line, Nonresidential Uses. Buildings with nonresidential uses on the
ground floor and not facing a residential district shall be constructed no farther than 10
feet from the street facing property line(s) for 70% of linear street frontage. This
requirement may be waived or modified subject to a discretionary approval upon finding
that:
1. An alternative configuration can be approved based on the findings in
Chapter 9.43, Modifications and Waivers, and the objectives of the Design Guidelines;
and
2. Entry courtyards, plazas, small parks, entries, outdoor eating and display
areas, or other uncovered areas designed and accessible for public use are located
between the build-to line and building, provided that the buildings are built to the edge of
the courtyard, plaza, small park, or dining area; and
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3. The building incorporates an alternative entrance design that creates a
pedestrian-oriented entry feature facing the street.
D. Daylight Plane Adjacent to Residential Districts. Buildings shall not extend
above a plane starting at 30 feet in height directly above the parcel line abutting any
residentially-zoned parcel, or where there is an alley, the centerline of the alley, and from
that point, extending in at a 45-degree angle from vertical toward the interior of the site.
The 30-foot height measurement shall be taken from the same reference grade as
determined for the subject site pursuant to Section 9.04.050.
FIGURE 9.11.030.D: DAYLIGHT PLANE ADJACENT TO RESIDENTIAL DISTRICTS—MIXED-USE AND
COMMERCIAL DISTRICTS
E. Parcels in the NC—Main Street District.
1. Use of Rear Setback. Commercial use in the required rear setback is not
permitted. Noncommercial uses and parking are permitted in the rear setback to the rear
property line on the ground level.
2. Use of Roof in Rear Setback. No portion of the first-floor roof within 15 feet
of the rear property line may be used for any purpose other than access for building
maintenance and repair. The remaining setback area may be privately used (not open to
the public) if enclosed with a solid 6-foot barrier.
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F. Consolidation of Parcels – NC Zoning District. Except for parcels identified on
the 6th Cycle 2021-2029 Housing Element Suitable Sites Inventory, limits on the
consolidation of parcels in the Neighborhood Commercial zoning districts shall apply to
the following:
1. Montana Avenue, Ocean Park Boulevard, and Pico Boulevard. Parcels
shall not be consolidated nor shall parcels be tied if such consolidation or parcel tie results
in a parcel that exceeds 15,000 square feet in size.
2. Main Street. Parcels shall not be consolidated nor shall parcels be tied if
such consolidation or parcel tie results in a parcel that exceeds the following:
a. For Housing Projects north of Ocean Park Boulevard, 15,000 square
feet in size.
b. For Housing Projects south of Ocean Park Boulevard, 11,000 square
feet in size.
c. For all other projects, 6,000 square feet in size.
G. Planting Areas. The following areas shall be landscaped:
1. Setback Areas Adjoining Streets. All visible portions of a required setback
area adjoining a street that are not used for driveways or walks shall consist of planting
areas, landscape, or pedestrian amenities such as entry courtyards, plazas, entries,
outdoor eating and display areas, or other uncovered areas designed and accessible for
public use.
2. Interior and Rear Setback Areas. At least 50% of each required interior
side and rear setback area shall be a planting area. The required planting area may be
reduced to less than 50% of the setback area but no less than 3 feet in width in one side
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or rear setback area adjoining a driveway or when an approved nonresidential accessory
structure occupies a portion of the rear setback area.
3. Adjoining R1 and R2 Districts. A continuous planting area with a minimum
width of 5 feet shall be provided along interior parcel lines when a Mixed-Use and
Commercial Districts adjoins an R1 or R2 District and is not separated by a public or
private thoroughfare.
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Chapter 9.12 BERGAMOT DISTRICTS
9.12.010 Purpose
The purposes of the Bergamot Districts are to:
A. Encourage a high quality, mixed-use, creative-sector district offering opportunities
for jobs, housing, arts and culture and community-serving retail, and which benefits from
access to the Exposition Light Rail Station and the area’s creativity and innovation.
B. To prevent building facades and rooflines that are monolithic in appearance, avoid
flat or featureless design, reinforce the built character along streets and transition to
adjacent lower-density surroundings.
C. To ensure incorporation of architectural elements and features to create well-
designed and coherent building facades with sufficient detail relief and/or variation.
D. To provide a variety of open spaces that contribute enhanced livability by providing
residents access to light and air as well as passive and active recreation.
The specific designations and the additional purposes of the Bergamot Area Plan Districts
are:
BTV Bergamot Transit Village. Development in the Bergamot Transit Village (BTV)
District is directed to create the underlying urban fabric for a new mixed-use neighborhood
that supports a range of uses, activities, open spaces and built forms, and which deeply
integrates the new Bergamot Expo Station and the adjacent Bergamot art center into
community life. The district’s evolution into a pedestrian-oriented, mixed-use destination
containing jobs, housing, retail, services, entertainment and open spaces will build upon
Santa Monica’s long-standing practice of crafting strong urban places.
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MUC Mixed-Use Creative. The Mixed-Use Creative (MUC) District will emphasize the
continuation of the area’s diverse creative and cultural offerings. It will also encourage the
infill of new, complementary uses as a way to provide a more balanced and sustainable
land use pattern that connects residents, employees and visitors to the district, the
neighboring BTV, the Bergamot Expo Station and the Bergamot art center. Existing uses
are encouraged to remain and will be bolstered by the balance of new creative arts jobs,
housing affordable to the workforce and supportive local-serving retail and services. In
consideration to their size and the character of existing development, smaller parcels will
be developed at lower densities and smaller building scales than those of the BTV District.
As in the BTV, the Mixed-Use Creative District’s evolution as a pedestrian-oriented
environment is promoted through policies and standards. The eastern edge of the MUC
will also be easily accessible from the new Bundy Expo Station in the City of Los Angeles.
CAC Conservation: Art Center. As an area-wide anchor for the creative sector, the
Conservation: Art Center (CAC) District shall feature uses which contribute to and
enhance both the arts and cultural functions of the Bergamot art center and the identity it
establishes. These uses may include art galleries, studios, exhibition halls, performance
spaces, museums, restaurants and cafés, visitor accommodations and similar uses.
Small-scale creative office uses and housing are also permitted.
CCS Conservation: Creative Sector. Within the Conservation: Creative Sector (CCS)
District, emphasis will be placed on small-scale creative arts, media production,
entertainment uses, digital technology, incubators, business services and supporting
uses, such as restaurants and cafés, and housing as defined in Table 9.12.020.
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9.12.020 Land Use Regulations
Table 9.12.020 prescribes the land use regulations for Bergamot 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.
“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.
“CUP” designates use classifications that are permitted after review and approval of a
Conditional Use Permit.
“—” 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 disturbing or 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.
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TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS
Use Classification BTV MUC CAC CCS Additional Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Dwelling P P P P Section 9.31.195, Multiple-Unit
Dwelling Projects
Senior Citizen Multiple-Unit Dwelling P P P P Section 9.31.195, Multiple-Unit
Dwelling Projects
Housing Types for Specific Needs
Congregate Housing P P CUP CUP Section 9.31.110, Congregate
Housing
Elderly and Long-Term Care P P CUP CUP
Emergency Shelters P P CUP CUP Section 9.31.130, Emergency
Shelters
Family Day Care See sub-classifications below.
Large P P P P Section 9.31.140, Family Day
Care, Large
Small P P P P
Group Residential P P MUP MUP Section 9.31.155, Group
Residential
Senior Group Residential P P P P Section 9.31.155, Group
Residential
Low Barrier Navigation Centers P P P P Section 9.31.175, Low Barrier
Navigation Centers
Mobile Home Park - P - -
Residential Facilities See sub-classifications below.
Residential Care, General P P MUP MUP Section 9.31.270, Residential
Care Facilities
Residential Care, Limited P P P P Section 9.31.270, Residential
Care Facilities
Residential Care, Senior P P L(4)/MUP L(4)/MUP Section 9.31.270, Residential
Care Facilities
Hospice, General P P MUP MUP Section 9.31.270, Residential
Care Facilities
Hospice, Limited P P P P Section 9.31.270, Residential
Care Facilities
Single-Room Occupancy Housing P P P P Section 9.31.330, Single Room
Occupancy Structures
Supportive Housing P P P P
Transitional Housing P P P P
Public and Semi-Public Uses
Adult Day Care P P - P
Child Care and Early Education Facilities P P - P Section 9.31.120, Child Care
and Early Education Facilities
Colleges and Trade Schools, Public or Private CUP CUP CUP -
Community Assembly CUP CUP CUP CUP Section 9.31.100, Community
Assembly
Community Gardens P P P P
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TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS
Use Classification BTV MUC CAC CCS Additional Regulations
Cultural Facilities P P P P
Hospitals and Clinics L(11) L(11) - MUP, L(12)
Park and Recreation Facilities, Public P P P P
Public Safety Facilities P P L(3) P
School, Public or Private CUP CUP CUP -
Social Service Centers P P - - Section 9.31.350, Social Service
Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.
Grooming and Pet Stores P P P L(2)
Pet Day Care Services MUP MUP - MUP
Veterinary Services MUP MUP - MUP
Automobile/Vehicle Sales and Service See sub-classifications below.
Alternative Fuels and Recharging
Facilities - - - -
Automobile Rental - - - –
Automobile Storage Use - – – –
New Automobile/Vehicle Sales and
Leasing – – - –
Additions 7,500 square feet or less to
Automobile/Vehicle Sales and Leasing
buildings existing as of 07/06/2010
- - - –
Additions larger than 7,500 square
feet to Automobile/
Vehicle Sales and Leasing buildings
existing as of 07/06/2010
- - - –
Automobile/Vehicle Repair, Major – – - –
Automobile/Vehicle Service and Repair,
Minor - – - –
Automobile/Vehicle Washing – – - –
Service Station - - - –
Towing and Impound – – - –
Banks and Financial Institutions See sub-classifications below.
Banks and Credit Unions L(9)/CUP L(9)/CUP L(9)/CUP L(9)/CUP
Check Cashing Businesses – – – –
Business Services P P P P
Commercial Entertainment and Recreation See sub-classifications below.
Cinemas & Theaters, up to 99 seats P P P P
Cinemas & Theaters, more than 99 seats CUP - - -
Convention and Conference Centers, less
than 25,000 sf CUP CUP CUP –
Convention and Conference Centers,
25,000 sf or greater CUP - - -
Large-Scale Facility L(10)/CUP L(10)/CUP L(10)/CUP L(10)/CUP
Small-Scale Facility MUP MUP MUP MUP Section 9.31.340, Small-Scale
Facility, Game Arcades
Fortunetelling P P P P
Eating and Drinking Establishments See sub-classifications below.
Bars/Nightclubs/Lounges CUP CUP MUP CUP Section 9.31.040, Alcoholic
Beverage Sales
Restaurants, Full-Service, Limited Service
& Take-Out (2,500 square feet and P P P P Section 9.31.040, Alcoholic
Beverage Sales
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TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS
Use Classification BTV MUC CAC CCS Additional Regulations
smaller, including Outdoor Dining and
Seating)
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.200, Outdoor
Dining and Seating
Section 9.31.290, Restaurants
With Entertainment
Restaurants, Full-Service, Limited Service
& Take-Out (2,501 – 5,000 square feet,
including Outdoor Dining and Seating)
P P P MUP
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.200, Outdoor
Dining and Seating
Section 9.31.290, Restaurants
With Entertainment
Restaurants, Full-Service, Limited Service
& Take-Out (greater than 5,000 square
feet, including Outdoor Dining and
Seating)
P P P MUP
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.200, Outdoor
Dining and Seating
Section 9.31.290, Restaurants
With Entertainment
Equipment Rental MUP MUP - MUP
Food and Beverage Sales See sub-classifications below.
Convenience Market L(2)/CUP L(2)/CUP L(2)/CUP L(2)CUP Section 9.31.040, Alcoholic
Beverage Sales
Farmers Markets CUP CUP CUP CUP
General Market L(3)/CUP L(3)/CUP L(3)/CUP L(3)/CUP Section 9.31.040, Alcoholic
Beverage Sales
Liquor Stores CUP CUP CUP CUP Section 9.31.040, Alcoholic
Beverage Sales
Funeral Parlors and Mortuaries – - - –
Instructional Services P P P P
Live-Work P P P P Section 9.31.170, Live-Work
Lodging See sub-classifications below.
Bed and Breakfast - - - - Section 9.31.090, Bed and
Breakfasts
Hotels and Motels CUP CUP CUP –
Maintenance and Repair Services MUP,
L(12)
MUP,
L(12) - MUP, L(12)
Nursery and Garden Center P P - - Section 9.31.220, Outdoor
Retail Display and Sales
Offices See sub-classifications below.
Business and Professional L(12)/CUP L(12)/CUP - -
Creative P P P P
Medical and Dental CUP CUP - CUP
Walk-In Clientele P P - -
Outdoor Newsstands MUP MUP MUP MUP Section 9.31.210, Outdoor
Newsstands
Parking, Public or Private CUP CUP CUP -
Personal Services See sub-classifications below.
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TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS
Use Classification BTV MUC CAC CCS Additional Regulations
General Personal Services P P - P Section 9.31.230, Personal
Service
Personal Services, Physical Training P P P P
Tattoo or Body Modification Parlor P P P P Section 9.31.230, Personal
Service
Retail Sales See sub-classifications below.
Building Materials Sales and Services – – - – Section 9.31.220, Outdoor
Retail Display and Sales
General Retail Sales, Small-Scale P P P P Section 9.31.220, Outdoor
Retail Display and Sales
General Retail Sales, Medium-Scale CUP CUP CUP – Section 9.31.220, Outdoor
Retail Display and Sales
General Retail Sales, Large-Scale CUP CUP - - Section 9.31.220, Outdoor
Retail Display and Sales
Medical Cannabis Retailer – – – – Section 9.31.185, Medical
Marijuana Dispensaries
Pawn Shops – – – –
Swap Meets CUP CUP CUP – Section 9.31.360, Swap Meets
Industrial Uses
Artist’s Studio P P P P
Commercial Kitchens CUP CUP - L(1)/CUP
Industry, General - - - -
Industry, Limited P P L(2) L(2)
Recycling Facility See sub-classifications below.
Recycling Collection Facility CUP, L(12) CUP,
L(12) - -
Research and Development P P L(2) L(2)
Media Production See sub-classifications below.
Full-Service Facility P P P P
Support Facilities P P - P
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P P
City Bikeshare Facility P P P P
Communication Facilities See sub-classifications below.
Antennas and Transmission Towers MUP MUP - – Chapter 9.32, Personal Wireless
Service Facilities
Equipment within Buildings CUP CUP - –
Light Fleet-Based Services – – - –
Utilities, Major – - - –
Utilities, Minor P P P P
Specific Limitations:
(1) Not allowed on the ground floor for the first 35 feet of lot depth.
(2) Limited to 4,000 sq. ft. or less.
(3) Limited to 15,000 sq. ft. or less.
(4) Facilities for 6 or fewer residents are permitted by right. Facilities for more than 6 residents require an MUP.
(5) (Reserved)
(6) (Reserved)
(7) (Reserved)
(8) (Reserved)
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TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS
Use Classification BTV MUC CAC CCS Additional Regulations
(9) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant
spaces: Limited to facilities with no more than 7,500 square feet of floor area and/or 40 linear feet of ground floor street frontage; greater
area and/or width requires approval of a Conditional Use Permit.
(10) Fitness facilities and gymnasiums permitted, all other uses require a CUP.
(11) Hospitals and clinics of 5,000 sf or less require an MUP. Hospitals and clinics greater than 5,000 sf or greater require a CUP.
(12) Limited to 5,000 sf or less.
9.12.030 Development Standards
Table 9.12.030.A, Development Standards for All Projects, Except Housing Projects,
prescribes the development standards for Bergamot Districts. Additional regulations are
denoted with Section numbers in the right-hand column or with individual letters in
parentheses. Section numbers refer to other Sections of this Article, while individual
letters in parentheses refer to subsections that directly follow the table.
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TABLE 9.12.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — BERGAMOT DISTRICTS
Standard BTV MUC CAC CCS Additional
Regulations
Density Standards
Maximum FAR Section 9.04.080, Determining FAR
Tier 1 — Base Standard 1.75 1.5 1.0 1.5
Tier 2 — With Provision of
Community Benefits 2.0 1.7
Parcel > = 100,000
sf:
1.0
Parcel < 100,000 sf:
1.5***
-
Tier 3 — Development Agreement 2.5 2.2
Parcel > = 100,000
sf:
1.0
Parcel > 100,000 sf:
2.5***
-
Building Form and Location
Maximum Building Height (ft.) Section 9.04.050, Measuring Height
Tier 1 — Base Standard 32’ 32’ 32’ 32’
Section 9.12.030(A), Additional
Development Standards for Buildings
Exceeding 90 feet in Height.
Tier 2 — With Provision of
Community Benefits 60’ 47’ 60’ -
Section 9.12.030(A), Additional
Development Standards for Buildings
Exceeding 90 feet in Height.
Tier 3 — Development Agreement 75’ 57’ 75’ -
Section 9.12.030(A), Additional
Development Standards for Buildings
Exceeding 90 feet in Height.
Minimum Ground Floor Height
(ft.) 11’ 11’ 11’ 11’
Maximum Building Footprint (sq. ft.)
All Tiers 35,000 25,000 15,000 15,000
Section 9.12.030(A), Additional
Development
Standards for Buildings Exceeding 90 feet
in
Height.
Minimum Setbacks (ft.)
Building Frontage Line See (B) See (B) See (B) See (B)
Build-To Line See (C) See (C) See (C) See (C)
Interior Side and Rear —
Adjacent to Residential District 10 10 10 10
Section 9.21.110, Projections from
Buildings
into Minimum Setbacks and Daylight
Plane
Active Ground Floor Use &
Design See (D) See (D) See (D) See (D)
Pedestrian-Oriented Design See (E) See (E) See (E) See (E)
Minimum Upper-Story Stepbacks (ft.)—Required Above the Ground Floor
Street Stepbacks Above Ground
Floor
5’ for 25% of front
façade.
See (F)
5’ for 25% of front
façade.
See (F)
5’ for 25% of front
façade.
See (F)
5’ for 25% of front
façade.
See (F)
Section 9.12.030(A), Additional
Development
Standards for Buildings Exceeding 90 feet
in
Height.
Side Interior Stepbacks See (G) See (G) See (G) See (G)
Section 9.12.030(A), Additional
Development
Standards for Buildings Exceeding 90 feet
in
Height.
Maximum Unbroken Primary See (H) See (H) See (H) See (H) Section 9.12.030(A), Additional
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TABLE 9.12.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — BERGAMOT DISTRICTS
Standard BTV MUC CAC CCS Additional
Regulations
Façade Length Development
Standards for Buildings Exceeding 90 feet
in
Height.
Roofline Variation See (I) See (I) See (I) See (I)
Section 9.21.060, Height Projections
Section 9.12.030(A), Additional
Development
Standards for Buildings Exceeding 90 feet
in
Height.
Daylight Plane Adjacent to
Residential District—Interior
Side
and Rear
See (J) See (J) See (J) See (J)
Section 9.21.060, Height Projections
Section 9.12.030(A), Additional
Development
Standards for Buildings Exceeding 90 feet
in
Height.
Standards for Residential Uses
Street-Facing Ground Floor
Residential Uses See (K) See (K) See (K) See (K)
Minimum Percentage of Site Area
of Open Space at Ground Level
12%
12%
12%
12%
Minimum Percentage of the
12% ground level open space
that must be provided adjacent
to the sidewalk
20%
See (L)
20%
See (L)
20%
See (L)
20%
See (L)
Minimum Outdoor Living Area
(sq. ft./unit)—Sites with 3 or More
Units (includes private and
common)
150 150 150 150 Section 9.21.090, Outdoor Living Area
Minimum Percentage of
Outdoor Living Area Provided
as Private Outdoor Living Area
30% 30% 30% 30%
Section 9.21.090, Outdoor Living Area
Minimum Percentage of
Outdoor Living Area Provided
as Common Outdoor Living
Area
70% 70% 70% 70%
Section 9.21.090, Outdoor Living Area
Common Outdoor Living Area
with Projects that include
residential use.
See (M) See (M) See (M) See (M)
Ground Level Pedestrian
Pathways See (N) See (N) See (N) See (N)
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Accessory Food Service Section 9.31.030, Accessory Food Service
Accessory Structures Section 9.21.020, Accessory Buildings and Structures
Affordable Housing Production Program Chapter 9.64, Affordable Housing Production Program
Automobile/ Vehicle Sales, Leasing, and Storage Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage
Density Bonus Chapter 9.22, Density Bonus
Fences, Walls, and Hedges Section 9.21.050, Fences, Walls, and Hedges
Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
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Table 9.12.030.B, Development Standards For Housing Projects, prescribes the
development standards for Bergamot Districts. Additional regulations are denoted with
Section numbers in the right-hand column or with individual letters in parentheses.
Section numbers refer to other Sections of this Article, while individual letters in
parentheses refer to subsections that directly follow the table.
TABLE 9.12.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — BERGAMOT DISTRICTS
Standard BTV MUC CAC CCS Additional
Regulations
Density Standards
Maximum FAR Section 9.04.080, Determining FAR
Housing Projects 4.0
4.0 (North of
Pennsylvania
Ave parcel line
or South of
Expo Bike Path
- 3.25)
2.5
2.5 (North of
Nebraska Ave,
South of
Pennsylvania Ave,
and West of
Berkeley St - 3.25)
100% Affordable Housing
Projects 4.5
4.5 (North of
Pennsylvania
Ave parcel line
or South of
Expo Bike Path
- 3.75)
3.0
3.0 (North of
Nebraska Ave,
South of
Pennsylvania Ave,
and West of
Berkeley St - 3.75)
Building Form and Location
Maximum Building Height (ft.) Section 9.04.050, Measuring Height
TABLE 9.12.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — BERGAMOT DISTRICTS
Standard BTV MUC CAC CCS Additional
Regulations
Landscaping and Street Trees Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects
Multiple-Unit Dwelling Projects Located on Community Assembly Surface
Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly
Surface Parking Lots
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation
Projections into Height Limits Section 9.21.060, Height Projections
Projections into Required Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight
Plane
Refuse and Recycling Screening and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards
Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems
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TABLE 9.12.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — BERGAMOT DISTRICTS
Standard BTV MUC CAC CCS Additional
Regulations
Housing Projects 84’
See (A)
84’ (North of
Pennsylvania
Ave parcel line
or South of
Expo Bike Path
- 70’)
See (A)
55’
See (A)
55’ (North of
Nebraska Ave,
South of
Pennsylvania Ave,
and West of
Berkeley St - 70’)
See (A)
Section 9.12.030(A), Additional
Development Standards for Buildings
Exceeding 90 feet in Height.
100% Affordable Housing
Projects
94’
See (A)
94’ (North of
Pennsylvania
Ave parcel line
or South of
Expo Bike Path
- 80’)
See (A)
65’
See (A)
65’ (North of
Nebraska Ave,
South of
Pennsylvania Ave,
and West of
Berkeley St - 80’)
See (A)
Section 9.12.030(A), Additional
Development Standards for Buildings
Exceeding 90 feet in Height.
Minimum Ground Floor Height
(ft.) 11’ 11’ 11’ 11’
Maximum Building Footprint (sq. ft.)
Housing Projects
35,000 35,000 35,000 35,000 Section 9.12.030(A), Additional
Development Standards for Buildings
Exceeding 90 feet in Height.
Minimum Setbacks (ft.)
Building Frontage Line See (B) See (B) See (B) See (B)
Build-To Line See (C) See (C) See (C) See (C)
Interior Side and Rear —
Adjacent to Residential District 10 10 10 10
Section 9.21.110, Projections from
Buildings into Minimum Setbacks and
Daylight Plane
Active Ground Floor Use &
Design See (D) See (D) See (D) See (D)
Pedestrian-Oriented Design See (E) See (E) See (E) See (E)
Minimum Upper-Story Stepbacks (ft.)—Required Above the Ground Floor
Street Stepbacks Above Ground
Floor
5’ for 25% of front
façade.
See (F)
5’ for 25% of
front façade.
See (F)
5’ for 25% of front
façade.
See (F)
5’ for 25% of front
façade.
See (F)
Section 9.12.030(A), Additional
Development Standards for Buildings
Exceeding 90 feet in Height.
Side Interior Stepbacks See (G) See (G) See (G) See (G)
Section 9.12.030(A), Additional
Development Standards for Buildings
Exceeding 90 feet in Height.
Maximum Unbroken Primary
Façade Length See (H) See (H) See (H) See (H)
Section 9.12.030(A), Additional
Development Standards for Buildings
Exceeding 90 feet in Height.
Roofline Variation See (I) See (I) See (I) See (I)
Section 9.21.060, Height Projections
Section 9.12.030(A), Additional
Development Standards for Buildings
Exceeding 90 feet in Height.
Daylight Plane Adjacent to
Residential District—Interior
Side and Rear
See (J) See (J) See (J) See (J)
Section 9.21.060, Height Projections
Section 9.12.030(A), Additional
Development Standards for Buildings
Exceeding 90 feet in Height.
Standards for Residential Uses
Street-Facing Ground Floor
Residential Uses See (K) See (K) See (K) See (K)
Minimum Percentage of Site Area
of Open Space at Ground Level 12% 12% 12% 12%
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TABLE 9.12.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — BERGAMOT DISTRICTS
Standard BTV MUC CAC CCS Additional
Regulations
Minimum Percent of the 12%
ground level open space that
must be provided adjacent to the
sidewalk
20%
See (L)
20%
See (L)
20%
See (L)
20%
See (L)
Maximum Percentage of the
12% ground level open space
that can be covered by an
enclosed building
20% 20% 20% 20%
Minimum Outdoor Living Area
(sq. ft./unit)—Sites with 3 or More
Units (includes private and
common)
150 150 150 150 Section 9.21.090, Outdoor Living Area
Minimum Percentage of
Outdoor Living Area Provided
as Private Outdoor Living Area
30% 30% 30% 30%
Section 9.21.090, Outdoor Living Area
Minimum Percentage of
Outdoor Living Area Provided
as Common Outdoor Living
Area
70% 70% 70% 70%
Section 9.21.090, Outdoor Living Area
Common Outdoor Living Area See (M) See (M) See (M) See (M)
Ground Level Pedestrian
Pathways See (N) See (N) See (N) See (N)
Special Project Commitments for
Bergamot Area Housing Projects
on Large Sites.
See (O) See (O) See (O) See (O)
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Accessory Food Service Section 9.31.030, Accessory Food Service
Accessory Structures Section 9.21.020, Accessory Buildings and Structures
Affordable Housing Production Program Chapter 9.64, Affordable Housing Production Program
Automobile/ Vehicle Sales, Leasing, and Storage Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage
Density Bonus Chapter 9.22, Density Bonus
Fences, Walls, and Hedges Section 9.21.050, Fences, Walls, and Hedges
Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Landscaping and Street Trees Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects
Multiple-Unit Dwelling Projects Located on Community Assembly Surface
Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community
Assembly Surface Parking Lots
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation
Projections into Height Limits Section 9.21.060, Height Projections
Projections into Required Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight
Plane
Refuse and Recycling Screening and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards
Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems
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A. Additional Development Standards for Buildings Exceeding 90 feet in Height.
The following additional standards shall apply to all projects with buildings or portions of
buildings exceeding 90 feet in height. These standards are required in addition to the
development standards established in both Tables 9.12.030.A and 9.12.030.B above,
except that building modulation standards 9.12.030(F), (G), (H), (I), and (J) shall not
apply.
1. Maximum Allowable Podium Height: 35 feet
2. Maximum Podium Footprint: See maximum building footprint requirements
established in Tables 9.12.030.A and 9.12.030.B above (see Figure 9.12.030(A).
3. Maximum Tower Footprint: 12,000 square feet
4. Minimum Tower Spacing: The minimum spacing between closest points of
all tower facades shall be 80 feet. (see Figure 9.12.030(B))
5. Minimum Offset Tower Spacing: The minimum spacing between closest
points of towers that are diagonally opposite shall be 40 feet. (see Figure 9.12.030(B))
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Figure 9.12.030(A): Tower and Podium Maximum Footprint Diagram
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Figure 9.12.030(B): Minimum Tower Spacing Diagram
B. Building Frontage Line.
1. To create walkable streets, buildings facing the following streets shall
provide a minimum building setback as measured from the street curb face to the building
façade, as provided below and in Figure 9.12.030(C):
a. Nebraska Avenue between Stewart and Berkeley Street: 20’
b. Pennsylvania Avenue between 26th Street and Stewart Street: 20’
c. Stewart Street between Colorado Avenue and Nebraska Avenue: 20’
d. Colorado Avenue between Stewart Street and Stanford Street: 15’
e. Olympic Boulevard between 26th Street and Centinela Avenue: 15’
f. Stanford Street between Colorado Avenue and Nebraska Avenue:
10’
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g. Berkeley Street between Pennsylvania Avenue and Nebraska
Avenue: 10’
h. All other streets shall be 10’
For all building frontage lines 15 feet or greater, habitable space above the ground floor
may project up to 5 feet into the building frontage line, however cannot project over the
property line into the public right-of-way. Other projections including but not limited to
balconies and awnings may be allowed in accordance with Section 9.21.110.
FIGURE 9.12.030(C): MEASURING BUILDING FRONTAGE LINE
2. Where there are any conflicts between the building frontage line
requirement and any pedestrian realm dimensions provided in the street design
guidelines pursuant to Bergamot Area Plan Chapter 7, Street Standards and Design
Guidelines, the building frontage line dimension above would apply.
C. Build-to Line.
1. Buildings or portions of buildings with nonresidential uses on the ground
floor and not facing a residential district shall be constructed no farther than 10 feet from
the building frontage line for 70% of linear street frontage.
a. For parcels 60 feet in width or less, this requirement may be reduced
to 60% provided that entry courtyards, plazas, open space, outdoor dining and
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display areas, or other uncovered areas are designed and accessible for public
use and located between the build-to line and building.
2. Buildings or portions of buildings with residential units on the ground floor
shall be constructed a minimum of 8 feet from the street-facing property line, or to the
building frontage line required in 9.12.030(B) above, whichever is greater.
D. Active Ground Floor Use and Design.
1. The ground-floor street frontage of buildings facing 1) Nebraska Avenue
between Stewart Street and Berkeley Streets and 2) Pennsylvania Avenue between 26th
Street and Stewart Street shall be required to have active use areas that accommodate
commercial uses subject to the following:
a. Active use areas are required to have a minimum average depth of
35 feet, but no less than 20 feet, for a minimum of 60% of the ground-floor frontage.
b. 100% affordable housing projects shall be exempt from this active
use area requirement.
c. Notwithstanding the land use table above (Table 9.12.020), parcels
that are zoned Conservation: Creative Sector (CCS) and have street frontages
within a required ground floor active use area shall comply with the land use
regulations for the Mixed-Use Creative zoning district.
2. Active Commercial Design. Where an active use is required for new
buildings, the ground-floor street frontage shall be designed to accommodate commercial
uses and activities, subject to the following:
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a. Street Facing Facades. A minimum of 50% of each street facing
façade shall be transparent and include windows, doors, and other openings
between 2.5 and 8 feet above finished grade.
i. Openings fulfilling this requirement shall have transparent
glazing or openings that provide views into work areas, display areas, sales
areas, lobbies, or similar active spaces, or into window displaying
merchandise or other items other than signs that are at least 3 feet deep.
ii. Vertical Elements: Frontages shall be designed to be divided
into bays that are 30-feet wide or less by pilasters, columns, window
patterns, or other vertical elements.
iii. This requirement may be modified if it can be demonstrated
that the fulfillment of this requirement materially interferes with the project’s
ability to meet the requirements of Municipal Code Chapter 8.36 – Energy
Code.
FIGURE 9.12.030(D): STREET-FACING FAÇADES
b. A minimum of one pedestrian entrance facing the primary street.
E. Pedestrian-Oriented Design.
1. No more than 20 feet or 40% of a building’s ground floor façade, whichever
is less, may be continuous blank or featureless linear street-level frontage.
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2. New development shall incorporate the following design elements at the
ground floor level:
a. Street-Facing Facades
i. Articulated façades at the ground floor street frontage, which
may include, but not necessarily require, such measures as indentation in
plane, change of materials in a complimentary manner, sensitive
composition and juxtaposition of openings and solid wall and/or building
frame and projecting elements such as awnings and marquees to provide
shade and shelter;
ii. Exterior lighting which provides nighttime illumination for the
pedestrian environment by reinforcing entrances, public sidewalks and
open areas which avoids off-site glare, subject to 9.21.080 Lighting.
b. Ground-Floor Street Frontages. The finished ground floor level shall
not exceed 18 inches lower or higher than the finished grade of the adjacent
sidewalk.
c. Sloped Ground-Floor Street Frontages. On parcels with a grade
change of 10% or more along the length of the parcel line adjacent to the
commercial boulevard, a maximum of 60 feet of commercial frontage may be up
to 36 inches higher or lower than the finished grade of the adjacent sidewalk, and
the remainder shall not exceed 24 inches higher or lower than the finished grade
of the adjacent sidewalk.
3. Residential uses at the ground floor street frontage shall incorporate planted
areas, porches, front stairs, and/or other elements that contribute to a pedestrian
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environment. Pedestrian-oriented design elements may also include street furniture or
other seating surfaces on private property and design amenities scaled to the pedestrian
such as awnings, drinking fountains, paseos, arcades, colonnades, plazas,
noncommercial community bulletin boards, public or private art, and alternative paving
materials in areas of pedestrian access.
4. When provided, storefront security grates or grilles shall be located inside
exterior windows, shall be retractable into pockets or overhead cylinders, and shall be
completely concealed when retracted.
F. Street Stepbacks Above Ground Floor: The minimum required stepback above
the ground floor shall be 25 percent of the front façade area.
1. Stepbacks shall be a minimum of 5 feet and are not required to be open to
the sky.
2. Projections into the required stepbacks are permitted pursuant to 9.21.110.
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FIGURE 9.12.030(E): STREET STEPBACKS ABOVE GROUND FLOOR
G. Side Interior Stepbacks: A minimum of 15 percent of the exposed side interior
building façade area above 39 feet shall be stepped back a minimum of 5 feet from the
side property line.
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FIGURE 9.12.030(F): SIDE INTERIOR STEPBACKS
H. Maximum Unbroken Primary Façade Length:
1. All new or modified buildings shall orient the primary façade to the front
property line. Secondary façades shall orient to the side or rear property line.
2. Corner buildings shall have a primary façade fronting each sidewalk.
3. For façades that are greater than 150’, a break of 10 percent of the façade
length, with a 5-foot minimum depth, is required. This dimension can be broken into two
breaks, provided each break is greater than 5 feet in width. The break must extend from
above the ground for 50 percent of the height of the project. The break is not required to
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be continuous.
FIGURE 9.12.030(G): MAXIMUM UNBROKEN PRIMARY FAÇADE LENGTH
I. Roofline Variation: The top level of the building shall comply with one of the
following standards:
1. Building Footprint: For buildings over 55 feet and no more than 90 feet in
height, the upper-most level shall cover a maximum of 80 percent of the immediate
floor below.
2. Street Stepback: For buildings over 55 feet in height, the upper-most level
shall be stepped back a minimum of 10 feet from street-facing building façades.
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FIGURE 9.12.030(H): ROOFLINE VARIATION DIAGRAM
– OR –
J. Daylight Plane: Buildings shall not extend above a plane starting at 30 feet in
height directly above the parcel line abutting any residentially-zoned parcel, or where
there is an alley, the centerline of the alley, and from that point, extending in at a 45-
degree angle from vertical toward the interior of the site for 30 feet measured
horizontally.
1. The 30-foot height measurement shall be taken from the same reference
grade as determined for the subject site pursuant to Section 9.04.050.
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2. Uses allowed within the stepback include balconies, terraces, shade
structures, and similar open space features.
FIGURE 9.12.030(I): DAYLIGHT PLANE
K. Street-Facing Ground Floor Residential Uses: Where ground floor residential
units with street frontage are provided, they shall have either an entrance or private
outdoor living area facing the street, subject to the following:
1. A minimum of 20% of each ground floor street-facing façade shall be
transparent, measured between 2.5 and 8 feet above finished grade.
2. Entrances shall have a minimum 3-foot covered landing area at the same
grade as the interior floor.
3. Entrances shall incorporate at least three of the following:
a. Recessed entrance at least 2 feet from the building façade;
b. Overhead projection (e.g. porch roof);
c. A sidelight window, adjacent window, or door with a window;
d. At least one stair, up or down, from the pedestrian pathway;
e. Paving material, texture, or pattern differentiated from the pedestrian
pathway.
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4. Stoops and Patios: The side of a patio or stoop (when parallel to a sidewalk)
taller than 30 inches shall be set back a minimum of 18 inches from the property line,
separated by planted area.
5. Private Outdoor Living Area Adjacent to a Street: Ground floor private
outdoor living areas adjacent to a street shall not be enclosed with a fence, wall, or hedge
greater than 5 feet in height. Any portion of fences, walls, and hedges above 42 inches in
height shall be at least 50% visually transparent.
L. Ground Level Open Space Adjacent to Sidewalk
1. For parcels with street frontage 250’ or less, the following standards apply:
a. Configuration Incentive: Any portion of the ground level open space
adjacent to the street with a minimum dimension of 10’ x 10’ shall count at 1.5
towards the ground level open space requirement.
b. Open-to-the-sky: No more than 20% of the open space may be
covered by enclosed building space.
c. Open space may not exceed18 inches above or below the adjacent
sidewalk elevation.
d. Any fence, wall, or hedge around the required ground level open
space shall not exceed 42 inches except for the portion(s) of the ground level open
space that is abutting an internal parcel line.
2. For parcels with street frontage 250’ or greater, the following standards
apply:
a. One portion of the ground level open space adjacent to the street
shall have a minimum size of 600 sf and minimum dimension of 20’ x 10’.
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b. Open-to-the-sky: No more than 20% of the open space may be
covered by enclosed building space.
c. Open space may not exceed18 inches above or below the adjacent
sidewalk elevation.
d. Any fence, wall, or hedge around the required ground level open
space shall not exceed 42 inches except for the portion(s) of the ground level open
space that is abutting an internal parcel line.
FIGURE 9.12.030(J): GROUND FLOOR OPEN SPACE DIAGRAM
M. Common Outdoor Living Area
1. Open-to-the-sky: No more than 20 percent of common outdoor living area
may be covered by enclosed building space.
2. Landscaping: A minimum of 25 percent of each common outdoor living
area 500 square feet or greater shall be planting area with a minimum length and width
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of 30 inches. A minimum of 10% of each common outdoor living area less than 500 square
feet and greater than 100 square feet shall be planting area.
3. Trees: A minimum of one 24-inch box tree for every 500 square feet of
common outdoor living area shall be planted within the common outdoor living area. At
least 50 percent shall be shade trees. A shade tree shall be defined as a deciduous tree
that provides relief from direct sunlight for at least six months.
4. Social Space: A minimum of one social space, either soft or hardscape,
with a minimum dimension of 10 feet in each direction shall be provided for every 25 units.
Each required social space shall incorporate at least one of the following amenities:
a. Cooking facilities
b. Edible gardens
c. Pools and/or spas
d. Water features
e. Exercise space and/or equipment
f. Play space and/or play equipment
5. Seating: A minimum of 1 seat per 200 square feet of common outdoor living
area shall be provided with a minimum of four seats per area. Each 48 linear inches of a
bench may be calculated as 2 seats. At least 50% of required seating shall be arranged
in groups of four or more seats.
6. In the event of any conflicts between these standards and those provided
in 9.21.090 Outdoor Living Area, these standards shall apply.
N. Ground Level Pedestrian Pathways: Ground level pathways shall be required for
properties greater than 1 acre. Pathways shall comply with the following standards.
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1. Connections: Pathways shall extend through the length and or width of a
parcel and shall connect adjacent sidewalks, common spaces, and, where feasible, to
pathways of adjacent parcels.
2. Dimensions: Minimum average width of 20 feet, but in no case be less
than 15 feet.
3. Open-to-the-sky: No more than 20 percent of the ground level pathways
may be covered by enclosed building space.
4. Landscape and Pedestrian Amenities
a. Landscaping: A minimum of 25 percent shall be landscaped area
with a minimum dimension of 30 inches in each direction.
b. Trees: A minimum of one 24-inch box tree for every 500 square feet
shall be planted within the ground level pedestrian pathway. At least 50
percent shall be shade trees.
c. Hardscape: A maximum of 25 percent of the ground level pathways
may be paved in standard concrete, with the remainder using enhanced paving
such as brick, natural stone, unit concrete pavers, textured/colored/patterned
concrete, or similar.
d. Seating: A minimum of 1 seat per 250 square feet of ground level
pathways shall be provided. Benches shall be calculated as 1 seat per 24 linear
inches.
e. Pedestrian Lighting: Pedestrian lighting shall be provided at a
minimum 0.25 footcandle and comply with all requirements pursuant to Section
9.21.080, Lighting.
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O. Special Project Commitments for Housing Projects in Bergamot Districts on
Large Sites.
1. Housing Projects on Large Sites in Bergamot Districts may elect to be
processed by Administrative Approval under Section 9.39.020(A)(1)(d) if located on a
parcel or parcels that exceed 43,560 square feet in size (one acre) provided that the
project meets all standards in Chapter 9.12 and all of the following commitments:
a. Residential Unit Mix:
i. Maximum 15% studio units
ii. Minimum 15% 2-bedroom units
iii. Minimum 15% 3-bedroom units
b. Minimum Ground Level Open Space: 14% of Parcel Area
i. At least 30% of ground level open space shall be adjacent to
the street.
ii. One portion of the ground level open space adjacent to the
street shall have a minimum size of 600 sf and minimum dimension of 20’ x
10’.
iii. Any fence, wall, or hedge around the required ground level
open space shall not exceed 42 inches except for the portion(s) of the
ground level open space that is abutting an internal parcel line.
iv. Open space may not exceed 18 inches above or below the
adjacent sidewalk elevation.
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v. Open space adjacent to the street pursuant to Subsection
(b)(i) shall be accessible to the public and not exclusive to project
occupants, in accordance with Subsection d below .
c. Ground Level Pedestrian Pathway or New Street
i. Ground level pedestrian pathway shall be dedicated for public
use (e.g. surface easement), developed in accordance with the standards
provided in Section 9.12.030(L) Ground Level Pedestrian Pathways above
and Subsection d below.
ii. Ground level pedestrian pathways or new streets shall be
dedicated for public use (e.g. surface easement), consistent with the street
network map (Figure 7.01) in the Bergamot Area Plan, if one is identified on
the site. For new streets, vehicular lanes or street parking shall not count
towards the project’s open space requirement.
d. Ground-Level Open Space: Public Access
i. Subject to an Agreement between the owner/developer and
City, the Ground-Level Open Space as required in Subsections (b) and (c)
above shall be accessible to the public between the hours of 6:00 A.M. and
11:00 P.M. and shall comply with all standards pursuant to this Section. The
public use of the Ground-Level Open Space shall be solely for pedestrian
access to and passive use by project occupants or the public, including
walking, strolling, reading, passive activities, and other similar activity.
Owner/developer may enforce reasonable security measures including
limiting public access to any portion of such publicly-accessible Ground-
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Level Open Space between the hours of 11:00 P.M. and 6:00 A.M. in
accordance with adopted administrative regulations established by the
Director.
ii. Administrative Regulations. The Director may adopt
administrative regulations to implement the provisions of this Section,
including, but not limited to, establishing terms and conditions of the
Ground-Level Open Space via an agreement between the owner/developer
and City, review procedures, limitations on use within the Ground-Level
Open Space, and other permit conditions and agreement requirements.
iii. A permittee shall comply with any other permit requirements
or conditions set forth in the administrative regulations issued under this
Section.
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CHAPTER 9.13 EMPLOYMENT DISTRICTS
9.13.020 Land Use Regulations
Table 9.13.020 prescribes the land use regulations for the Employment 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.
“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.
“CUP” designates use classifications that are permitted after review and approval of a
Conditional Use Permit.
“—” 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 disturbing or 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.
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TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS
Use Classification IC OC HMU Additional Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Dwelling P P P Section 9.31.195, Multiple-Unit
Dwelling Projects
Senior Citizen Multiple-Unit Dwelling P P P Section 9.31.195, Multiple-Unit
Dwelling Projects
Housing Types for Specific Needs
Congregate Housing P P P Section 9.31.110, Congregate
Housing
Elderly and Long-Term Care – P P
Emergency Shelters L(2)/CUP L(2)/CUP L(2)/CUP Section 9.31.130, Emergency
Shelters
Family Day Care See sub-classifications below.
Large P P P Section 9.31.140, Family Day Care,
Large
Small P P P
Group Residential MUP MUP P Section 9.31.155, Group Residential
Senior Group Residential MUP MUP P Section 9.31.155, Group Residential
Low Barrier Navigation Centers P P P Section 9.31.175, Low Barrier
Navigation Centers
Residential Facilities See sub-classifications below.
Residential Care, General P P P Section 9.31.270, Residential Care
Facilities
Residential Care, Limited P P P Section 9.31.270, Residential Care
Facilities
Residential Care, Senior P P P Section 9.31.270, Residential Care
Facilities
Hospice, General P P P Section 9.31.270, Residential Care
Facilities
Hospice, Limited P P P Section 9.31.270, Residential Care
Facilities
Single-Room Occupancy Housing P P P Section 9.31.330, Single Room
Occupancy Structures
Supportive Housing P P P
Transitional Housing P P P
Public and Semi-Public Uses
Adult Day Care MUP P P
Child Care and Early Education Facilities MUP P P Section 9.31.120, Child Care and
Early Education Facilities
Colleges and Trade Schools, Public or Private – CUP –
Community Assembly CUP CUP CUP Section 9.31.100, Community
Assembly
Community Gardens P P P
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TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS
Use Classification IC OC HMU Additional Regulations
Cultural Facility – – CUP
Hospitals and Clinics – – P
Park and Recreation Facilities, Public P P P
Public Safety Facilities MUP MUP P
Schools, Public or Private L(3)/CUP L(3)/CUP P
Social Service Centers MUP MUP P Section 9.31.350, Social Service
Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.
Kennels CUP – –
Pet Day Care Services MUP – –
Veterinary Services P – –
Automobile/Vehicle Sales and Service See sub-classifications below.
Alternative Fuels and Recharging
Facilities L(5)/CUP CUP –
Automobile Rental L(4) P – Section 9.31.050, Automobile
Rental
Automobile Storage Use CUP CUP –
Section 9.31.070,
Automobile/Vehicle Sales, Leasing,
and Storage
Automobile/Vehicle Sales and Leasing CUP CUP –
Section 9.31.070,
Automobile/Vehicle Sales, Leasing,
and Storage
Automobile/Vehicle Repair, Major L(5)/CUP – –
Section 9.31.060,
Automobile/Vehicle Repair, Major
and Minor
Automobile/Vehicle Service and Repair,
Minor L(5)/CUP – –
Section 9.31.060,
Automobile/Vehicle Repair, Major
and Minor
Automobile/Vehicle Washing CUP – – Section 9.31.080,
Automobile/Vehicle Washing
Large Vehicle and Equipment Sales,
Service, and Rental CUP – –
Service Station L(5)/CUP CUP – Section 9.31.320, Service Stations
Towing and Impound L(5)/CUP – –
Banks and Financial Institutions See sub-classifications below.
Banks and Credit Unions L(15) L(15) CUP
Business Services P L(6) P
Commercial Entertainment and Recreation See sub-classifications below.
Cinemas – – –
Theaters L(7)/CUP – –
Convention and Conference Centers – CUP –
Large-Scale Facility L(16) L(16) -
Small-Scale Facility L(8)/CUP MUP (6) CUP Section 9.31.340, Small-Scale
Facility, Game Arcades
Eating and Drinking Establishments See sub-classifications below.
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TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS
Use Classification IC OC HMU Additional Regulations
Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (2,500 SF and
smaller)
P P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (2,501 – 5,000 SF)
P P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (Greater than 5,000
SF)
P P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Food Hall (up to 175 seats) CUP CUP CUP
Equipment Rental P – P
Food and Beverage Sales See sub-classifications below.
Convenience Markets L(6) L(6) P Section 9.31.040, Alcoholic
Beverage Sales
Farmers Markets CUP – –
General Markets L(17)/CUP L(17)/CUP - Section 9.31.040, Alcoholic
Beverage Sales
Funeral Parlor and Mortuary – – CUP
Instructional Services L(18)/CUP L(18)/CUP -
Live-Work L (14) CUP L (14) Section 9.31.170, Live-Work
Offices See sub-classifications below.
Business and Professional L (9) P P
Creative P P –
Medical and Dental – P P
Walk-In Clientele L (10) L (6) L (10)
Parking, Public or Private CUP CUP CUP
Personal Services See sub-classifications below.
General Personal Services P P P Section 9.31.230, Personal Service
Personal Services, Physical Training P P CUP
Tattoo or Body Modification Parlor P P P 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
Firearms and Ammunition Sales – – –
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TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS
Use Classification IC OC HMU Additional Regulations
General Retail Sales, Small-Scale P P P Section 9.31.220, Outdoor Retail
Display and Sales
General Retail Sales, Medium-Scale CUP CUP - Section 9.31.220, Outdoor Retail
Display and Sales
Medical Marijuana Dispensaries – – CUP Section 9.31.185, Medical
Marijuana Dispensaries
Industrial Uses
Artist’s Studio P P P
Commercial Kitchens P – –
Industry, General P CUP (12) –
Research and Development P CUP (12) P
Industry, Limited P CUP (12) –
Media Production P P –
Recycling Facility See sub-classifications below.
Recycling Collection Facility P – – Section 9.31.260, Recycling
Facilities
Recycling Processing Facility P – – Section 9.31.260, Recycling
Facilities
Warehousing, Storage, and Distribution See sub-classifications below.
Indoor Warehousing and Storage P – –
Outdoor Storage CUP (13) – –
Personal Storage P CUP – Section 9.31.240, Personal Storage
Wholesaling and Distribution P – –
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P
City Bikeshare Facility P P P
Communication Facilities See sub-classifications below.
Antennas and Transmission Towers CUP – CUP Chapter 9.32, Personal Wireless
Service Facilities
Facilities within Buildings CUP P CUP
Light Fleet-Based Services CUP – –
Utilities See sub-classifications below.
Utilities, Major P P –
Utilities, Minor P P P
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TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS
Use Classification IC OC HMU Additional Regulations
Specific Limitations:
(1) Limited to 100% affordable housing projects. For senior citizen multiple-unit dwelling projects in the Office Campus District
that are not 100% affordable approval of a Conditional Use Permit is required.
(2) Homeless shelters with less than 55 beds are permitted by right. Homeless shelters with 55 beds or more may be permitted
with application for and approval of a Conditional Use Permit.
(3) Permitted if existing. New uses require approval of a Conditional Use Permit.
(4) Limited to accessory automobile rental facilities located within automobile/vehicle repair use.
(5) Permitted if located 100 ft. or more from any residential use or district. Conditional Use Permit required if located within 100
ft. of a residential use or district.
(6) Conditionally permitted as businesses that provide goods and services to employees on the premises. No more than 25% of
the total square footage of a development may be devoted to such businesses.
(7) Limited to theaters with 99 seats or less and 10,000 sq. ft. or less. Larger theaters require a Conditional Use Permit.
(8) Exercise facilities (e.g., yoga, Pilates, martial arts, and dance studios) permitted by right. Other small-scale commercial
recreation uses require a Conditional Use Permit.
(9) Permitted if existing or accessory to a primary permitted use on the same site and not exceeding 25 percent of the gross
floor area of the primary permitted use.
(10) Permitted if existing. New uses are not permitted.
(11) (Reserved.)
(12) Such uses must be conducted within an enclosed building or an open enclosure screened from public view. In order to
approve a Conditional Use Permit, the review authority must make a finding that proposed uses are compatible with office
and advanced technological uses.
(13) Limited to outdoor storage of fleet vehicles if such vehicles are directly related to the primary operation on the site.
(14) If the commercial use requires a MUP or CUP, an application shall be required in accordance with 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 uses that generate airborne
particulates in a unit with an unenclosed kitchen.
(15) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or
enlargement of tenant spaces: Limited to facilities with no more than 7,500 square feet of floor area and/or 40 linear feet of
ground floor street frontage
(16) Limited to indoor exercise facilities and bowling alleys.
(17) General markets greater than 15,000 square feet require a Conditional Use Permit.
(18) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or
enlargement of tenant spaces: No individual tenant space shall occupy more than 12,500 square feet of floor area and/or
exceed 75 linear feet of ground floor street frontage without the approval of a Conditional Use Permit.
9.13.030 Development Standards
Table 9.13.030.A, Development Standards for All Projects, Except Housing Projects,
prescribes the development standards for all projects, except housing projects, as defined
by Section 9.52.020.1125, in Employment Districts. Additional regulations are denoted
with Section numbers in the right-hand column or with individual letters in parentheses.
Section numbers refer to other Sections of this Article, while individual letters in
parentheses refer to subsections that directly follow the table.
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TABLE 9.13.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING
PROJECTS—EMPLOYMENT DISTRICTS
Standard IC OC* HMU Additional Regulations
Parcel and Intensity Standards
Minimum Parcel Size
(sq. ft.) 15,000 15,000 7,500
Minimum Parcel
Width (ft.) 100 100 50
Minimum Parcel
Depth (ft.) 150 150 100
Maximum FAR Section 9.04.080, Determining
FAR
Tier 1 — Base
Standard 1.0 1.5 1.5
Tier 2 — With
Provision of
Community
Benefits
1.75 1.75 2.5 Chapter 9.23, Community Benefits
Building Form and Location
Maximum Building Height (stories/ft.) Section 9.04.050, Measuring
Height
Tier 1 — Base
Standard 2/32′ 2/32′ 3/45′
Tier 2 — With
Provision of
Community
Benefits
3/45’
See (A) 3/45’ 5/70′ Chapter 9.23, Community
Benefits
Minimum Setbacks (ft.)
Interior Side and
Rear – Adjacent
to a Residential
District
15′
See (B)
15′
See (B)
15′
See (B)
Parking Sections 9.28.070, Location of Parking and 9.28.120, Parking Design and Development Standards
Minimum Ground
Floor Height (ft.) 11′ 11′ NA
Minimum Upper-Story Stepbacks (ft.)—Required Above the Ground Floor
Street-Facing
Façades 5′ average 5′ average NA
Daylight Plane
Adjacent to
Residential District—
Interior Side and
Rear
See (D) See (D) See (D)
Standards for Multiple-Unit Dwellings
Minimum Outdoor
Living Area (sq.
ft./unit)—Sites with 3
or More Units
(including private and
common)
100 100 100 Section 9.21.090, Outdoor Living
Area
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TABLE 9.13.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING
PROJECTS—EMPLOYMENT DISTRICTS
Standard IC OC* HMU Additional Regulations
Minimum Amount
Provided as
Private Outdoor
Living Area (sq.
ft./unit)
60 60 60 Section 9.21.090, Outdoor Living
Area
Additional Standards
Accessory Dwelling
Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Accessory Food
Service Section 9.31.030, Accessory Food Service
Accessory Structures Section 9.21.020, Accessory Buildings and Structures
Affordable Housing
Production Program Chapter 9.64, Affordable Housing Production Program
Density Bonus Chapter 9.22, Density Bonus
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges
Home Occupation Section 9.31.160, Home Occupation
Junior Accessory
Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Landscaping Subsection 9.13.030(D), Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Multiple-Unit
Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects
Multiple-Unit
Dwelling Projects
Located on
Community
Assembly Surface
Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly
Surface Parking Lots
Off-Street Parking
and Loading Chapter 9.28, Parking, Loading, and Circulation
Parking Structures
and Areas Chapter 9.28, Parking, Loading, and Circulation
Projections into
Height Limits
Section 9.21.060, Height Projections
Projections into
Required Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane
Refuse and Recycling
Screening and
Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards
Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems
* In those portions of the OC Districts adjacent to Ocean Park Boulevard, development of additional floor area for projects other than housing
projects that requires discretionary approval shall only be permitted after completion of a specific plan.
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Table 9.13.030.B, Development Standard for Housing Projects prescribes the
development standards for housing projects, as defined by Section 9.52.020.1125, in
Employment Districts. Additional regulations are denoted with Section numbers in the
right-hand column or with individual letters in parentheses. Section numbers refer to other
Sections of this Article, while individual letters in parentheses refer to subsections that
directly follow the table.
TABLE 9.13.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — EMPLOYMENT
DISTRICTS
Standard IC OC HMU Additional Regulations
Parcel and Intensity Standards
Minimum Parcel Size
(sq. ft.) 15,000 15,000 7,500
Minimum Parcel
Width (ft.) 100 100 50
Minimum Parcel
Depth (ft.) 150 150 100
Maximum FAR Section 9.04.080, Determining
FAR
Housing Projects 3.0 2.75 2.5
100% Affordable
Housing Projects 3.5 3.25 3.0
Building Form and Location
Maximum Building Height (ft.) Section 9.04.050, Measuring
Height
Housing Projects 65’ 60’ 70’
100% Affordable
Housing Projects 75’ 70’ 80’
Minimum Setbacks (ft.)
Interior Side and
Rear – Adjacent
to a Residential
District
15′
See (B)
15′
See (B)
15′
See (B)
Parking Sections 9.28.070, Location of Parking and 9.28.120, Parking Design and Development Standards
Pedestrian Oriented
Design for Housing
Projects
See (C) See (C) See (C)
Minimum Ground
Floor Height (ft.) 11′ 11′ NA
Minimum Upper-Story Stepbacks (ft.)—Required Above the Ground Floor
Street-Facing
Façades 5′ average 5′ average NA
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TABLE 9.13.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — EMPLOYMENT
DISTRICTS
Standard IC OC HMU Additional Regulations
Daylight Plane
Adjacent to
Residential District—
Interior Side and
Rear
See (D) See (D) See (D)
Standards for Multiple-Unit Dwellings
Minimum Outdoor
Living Area (sq.
ft./unit)—Sites with 3
or More Units
(including private and
common)
100 100 100 Section 9.21.090, Outdoor Living
Area
Minimum Amount
Provided as
Private Outdoor
Living Area (sq.
ft./unit)
60 60 60 Section 9.21.090, Outdoor Living
Area
Additional Standards
Accessory Dwelling
Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Accessory Food
Service Section 9.31.030, Accessory Food Service
Accessory Structures Section 9.21.020, Accessory Buildings and Structures
Affordable Housing
Production Program Chapter 9.64, Affordable Housing Production Program
Density Bonus Chapter 9.22, Density Bonus
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges
Home Occupation Section 9.31.160, Home Occupation
Junior Accessory
Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Landscaping Subsection 9.13.030(D), Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Multiple-Unit
Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects
Multiple-Unit
Dwelling Projects
Located on
Community
Assembly Surface
Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface
Parking Lots
Off-Street Parking
and Loading Chapter 9.28, Parking, Loading, and Circulation
Parking Structures
and Areas Chapter 9.28, Parking, Loading, and Circulation
Projections into
Height Limits
Section 9.21.060, Height Projections
Projections into
Required Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane
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TABLE 9.13.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — EMPLOYMENT
DISTRICTS
Standard IC OC HMU Additional Regulations
Refuse and Recycling
Screening and
Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards
Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems
A. Maximum Heights. The following projects may have a maximum height of 4
stories, 45 feet:
1. Projects involving the expansion of public or private elementary and
secondary schools (Grades K through 12) existing prior to September 8, 1988.
2. Entertainment-related facilities including sound stages, movie studios,
editing facilities, post-production facilities, set construction facilities and special effects
facilities.
3. Theaters.
B. Use of Setbacks Adjacent to Residential Districts. The required setback area
adjacent to a Residential District shall not be used for parking or loading facilities, storage,
or other commercial or industrial purposes. A portion of the setback area, not to exceed
10 feet in width, may be used for access to parking or loading areas no closer than 5 feet
to the respective parcel line.
C. Pedestrian-Oriented Design for Housing Projects.
1. No more than 20 feet or 40% of a building’s ground floor façade, whichever
is less, may be continuous blank or featureless linear street-level frontage.
2. New development shall incorporate the following design elements at the
ground floor level:
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a. Street-Facing Facades
i. Articulated façades at the ground floor street frontage, which
may include, but not necessarily require, such measures as indentation in
plane, change of materials in a complimentary manner, sensitive composition
and juxtaposition of openings and solid wall and/or building frame and
projecting elements such as awnings and marquees to provide shade and
shelter;
ii. Exterior lighting which provides for a secure nighttime pedestrian
environment by reinforcing entrances, public sidewalks and open areas with a
safe level of illumination which avoids off-site glare.
b. Ground-Floor Street Frontages Along Commercial Boulevards. The
finished ground floor level along the Commercial Boulevard shall not exceed 18
inches lower or higher than the finished grade of the adjacent sidewalk.
c. Sloped Ground-Floor Street Frontages Along Commercial
Boulevards. On parcels with a grade change of 10% or more along the length of
the parcel line adjacent to the Commercial Boulevard, the finished ground floor
level along the Commercial Boulevard shall not exceed 18 inches lower or 3 feet
higher than the finished grade of the adjacent sidewalk.
3. Residential uses at the ground floor street frontage shall incorporate planted
areas, porches, front stairs and/or other elements that contribute to a pedestrian
environment. Pedestrian-oriented design elements may also include street furniture or
other seating surfaces on private property and design amenities scaled to the pedestrian
such as awnings, drinking fountains, paseos, arcades, colonnades, plazas,
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noncommercial community bulletin boards, public or private art, and alternative paving
materials in areas of pedestrian access.
4. When provided, storefront security grates or grilles shall be located inside
exterior windows, shall be retractable into pockets or overhead cylinders, and shall be
completely concealed when retracted.
5. Alternatives to the requirements of this Section 9.13.030(C) may be
approved if the Review Authority finds that the proposed use has unique operational
characteristics with which providing the required windows and openings is incompatible,
and street-facing building walls will exhibit architectural relief and detail and be enhanced
with landscaping in such a way as to create visual interest at the pedestrian level.
D. Daylight Plane Adjacent to Residential Districts. Buildings shall not extend
above a plane starting at 30 feet in height directly above the parcel line abutting any
residentially-zoned parcel, or where there is an alley, the centerline of the alley, and from
that point, extending in at a 45-degree angle from vertical toward the interior of the site.
The 30-foot height measurement shall be taken from the same reference grade as
determined for the subject site pursuant to Section 9.04.050.
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FIGURE 9.13.030.D: DAYLIGHT PLANE ADJACENT TO RESIDENTIAL DISTRICTS—
EMPLOYMENT DISTRICTS
E. Planting Areas. The following areas shall be landscaped.
1. Setback Areas Adjoining Streets. All visible portions of a required setback
area adjoining a street that are not used for driveways or walks shall consist of planting
area, landscape, or pedestrian amenities such as entry courtyards, plazas, entries,
outdoor eating and display areas, or other uncovered areas designed and accessible for
public use.
2. Adjoining Residential or Mixed-Use Districts. A continuous planting area
with a minimum width of 5 feet shall be provided along interior parcel lines when an
Employment District adjoins a Residential or Mixed-Use District and is not separated by
a public or private thoroughfare.
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CHAPTER 9.14 OCEANFRONT DISTRICT
9.14.020 Land Use Regulations
Table 9.14.020 prescribes the land use regulations for the Oceanfront District. The
regulations for each district are established by letter designations listed below. These
designations apply strictly to the permissibility of land uses; applications for buildings or
structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with
specific limitations listed at the end of the table.
“CUP” designates use classifications that are permitted after review and approval of a
Conditional Use Permit.
“MUP” designates use classifications that are permitted after review and approval of a
Minor Use Permit.
“–” designates uses that are not permitted.
Land uses are defined in Chapter 9.51, Use Classifications. 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 disturbing or 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.
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TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT
Use Classification OF Additional Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P Section 9.31.025, Accessory Dwelling Units
and Junior Accessory Dwelling Units
Junior Accessory Dwelling Unit P Section 9.31.025, Accessory Dwelling Units
and Junior Accessory Dwelling Units
Multiple-Unit Dwelling P Section 9.31.195, Multiple-Unit Dwelling
Projects
Duplex P Section 9.31.195, Multiple-Unit Dwelling
Projects
Senior Citizen Multiple-Unit Dwelling P Section 9.31.195, Multiple-Unit Dwelling
Projects
Single-Unit Dwelling P
Housing Types for Specific Uses
Congregate Housing P Section 9.31.110, Congregate Housing
Elderly and Long-Term Care P
Emergency Shelters CUP Section 9.31.130, Emergency Shelters
Employee Housing P
Family Day Care See sub-classifications below.
Large P Section 9.31.140, Family Day Care, Large
Small P
Group Residential MUP Section 9.31.155, Group Residential
Senior Group Residential P Section 9.31.155, Group Residential
Low Barrier Navigation Centers P Section 9.31.175, Low Barrier Navigation
Centers
Residential Facilities See sub-classifications below.
Residential Care, General P Section 9.31.270, Residential Care
Facilities
Residential Care, Limited P Section 9.31.270, Residential Care
Facilities
Residential Care, Senior P Section 9.31.270, Residential Care
Facilities
Single-Room Occupancy Housing P Section 9.31.330, Single Room Occupancy
Structures
Supportive Housing P
Transitional Housing P
Public and Semi-Public Uses
Adult Day Care CUP
Child Care and Early Education Facilities CUP Section 9.31.120, Child Care and Early
Education Facilities
Cultural Facilities CUP
Park and Recreations Facilities, Public P
Schools P
Commercial Uses
Automobile/Vehicle Sales and Service See sub-classifications below.
Automobile Rental MUP Section 9.31.050, Automobile Rental
Commercial, Entertainment, and Recreation See sub-classifications below.
Theaters L(1)
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TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT
Use Classification OF Additional Regulations
Convention and Conference Centers P
Small-Scale Facility P Section 9.31.340, Small-Scale Facility,
Game Arcades
Large-Scale Facility L(2)/CUP
Fortunetelling P
Eating and Drinking Establishments See sub-classifications below.
Bars/Nightclubs/Lounges L(3)/CUP Section 9.31.040, Alcoholic Beverage Sales
Restaurants, Full-Service including
Outdoor Dining and Seating P
Section 9.31.040, Alcoholic Beverage Sales
Section 9.31.280, Restaurants, Limited
Service and Take-Out Only
Section 9.31.290, Restaurants With
Entertainment
Section 9.31.200, Outdoor Dining and
Seating
Chapter 9.20, Beach Overlay District
Restaurants, Limited Service and Take-
Out Only including Outdoor Dining
and Seating
P
Section 9.21.040, Alcoholic Beverage Sales
Section 9.31.280, Restaurants, Limited-
Service and Take Out Only
Section 9.31.290, Restaurants With
Entertainment
Section 9.31.200, Outdoor Dining and
Seating
Chapter 9.20, Beach Overlay District
Food Hall (up to 175 seats) CUP
Food and Beverage Sales See sub-classifications below.
Convenience Markets P Section 9.31.040, Alcoholic Beverage Sales
Farmers Markets MUP
General Markets L(4) Section 9.31.040, Alcoholic Beverage Sales
Liquor Stores CUP Section 9.31.040, Alcoholic Beverage Sales
Lodging See sub-classifications below.
Bed and Breakfast CUP Within Designated Landmarks only.
Section 9.31.090, Bed and Breakfasts
Offices See sub-classifications below.
Business and Professional L(5)/CUP
Creative L(5)/CUP
Walk-In Clientele L(5)/CUP
Parking, Public or Private CUP
General Personal Services MUP
Retail Sales See sub-classifications below.
General Retail Sales, Small-Scale P Section 9.31.220, Outdoor Retail Display
and Sales
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P
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TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT
Use Classification OF Additional Regulations
Specific Limitations:
(1) Limited to theaters for live performances.
(2) Existing large-scale commercial, entertainment, and recreation facilities existing as of the date of this Ordinance are
permitted. Any new large-scale commercial, entertainment, and recreation facilities require approval of a Conditional Use
Permit.
(3) Bars, nightclubs, and lounges are only permitted on the Pier, on Oceanfront Walk, and within hotels.
(4) Limited to establishments with no more than 2,500 sq. ft. of floor area.
(5) Office uses on the ground floor street frontage may not exceed 25% of the parcel width or 1,000 sq. ft, whichever is less.
9.14.030 Development Standards
Table 9.14.030 prescribes the development standards for the Oceanfront District.
Additional regulations are denoted with Section numbers in the right-hand column or with
individual letters in parentheses. Section numbers refer to other Sections of this Article,
while individual letters in parentheses refer to subsections that directly follow the table.
TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT
Standard OF Additional Regulations
Parcel and Intensity Standards
Minimum Parcel Size (sq. ft.) 5,000
Minimum Parcel Width (ft.) 50′
Minimum Parcel Depth (ft.) 100′
Maximum Allowable Density;
Parcels along the Pacific Coast
Highway between the Santa
Monica Pier and the north City
limits
Parcels 4,000 sq. ft. or more: 1 unit per 1,500 sq. ft. of
parcel area
Parcels less than 4,000 sq. ft.: 1 unit per parcel
No more than 1 dwelling unit
shall be permitted on a parcel 40
ft. or less in width
Maximum FAR Section 9.04.080, Determining
FAR
Tier 1—Base Standard
1.5; 0.5 for parcels located along the Pacific Coast
Highway between the Santa Monica Pier and the north
City limits
Tier 2—With Provision of
Community Benefits 2.0 Chapter 9.23, Community
Benefits
100% Affordable Housing
Projects 2.25 Chapter 9.64, Affordable
Housing Production Program
Santa Monica Pier Maximum FAR
The Deauville site to the
north, Seaside Terrace to the
south, The Ocean Front
Walk to the west, and Ocean
Avenue to the east, except
parcels fronting on Ocean
Avenue
1.0
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TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT
Standard OF Additional Regulations
Parcels fronting on Ocean
Avenue 0.5
Maximum Parcel Coverage (%) 70; 50 on parcels along the Pacific Coast Highway
between the Santa Monica Pier and the north City limits
Building Form and Location
Maximum Building Height
(stories/ft.)
One story for newly constructed stand-alone restaurants
except for the Santa Monica Pier
Section 9.04.050 Measuring
Height
Tier 1—Base Standard
2/32′;
2/23′ (flat roof) or 2/30′ (pitched roof) for parcels
located along the Pacific Coast Highway between the
Santa Monica Pier and the north City limits
Tier 1—Projects Including
On-Site Affordable Housing
in Compliance with AHPP
3/36′ Chapter 9.64, Affordable
Housing Production Program
100% Affordable Housing
Projects No limit to number of stories/47′ Chapter 9.64, Affordable
Housing Production Program
Tier 2—With Provision of
Community Benefits 3/47′ Chapter 9.23, Community
Benefits
Tier 2—With Provision of
Community Benefits and
100% Residential Above the
Ground Floor
No limit to stories/47′ Chapter 9.23, Community
Benefits
Santa Monica Pier Maximum Building Height (stories/ft.) Section 9.04.050, Measuring
Height
The Deauville site to the
north, Seaside Terrace to the
south, The Promenade to the
west, and Ocean Avenue to
the east, including parcels
fronting on Ocean Avenue
2/30′
Amusement Rides on the
Santa Monica Pier
85 ft. for one Ferris wheel; 55 ft. for one roller coaster;
45 ft. for all other amusement rides
Street-Facing Façades (ft.)
Minimum Ground Floor
Height for Nonresidential
Uses
11′
Pedestrian Oriented Design See (A)
Exterior Lighting See (C)
Minimum Setbacks (ft., measured from parcel line)
Street Frontage
5 ft. from street fronting parcel line except for 20 ft. on
Pacific Coast Highway between northern City limits and
Santa Monica Pier. See (B)
Rear
15 ft. if adjacent to a residential use; 25 ft. for beach
rear setback on parcels over 100 ft. in depth located
along the Pacific Coast Highway between the Santa
Monica Pier and the north City limits
Side
If adjacent to a residential use, see (D); for parcels
located along the Pacific Coast Highway between the
Santa Monica Pier and the north City limits, see (D)
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Minimum Upper-Story Stepbacks (ft.)—Required Above Maximum Ground Floor Height
Street-Facing Façades
At least 30% of the building elevation above the
maximum ground floor height shall provide an
additional 5-foot average setback from the minimum
required front setback
Daylight Plane Adjacent to
Residential Use—Interior Side
and Rear Setbacks
See (E) Section 9.21.060, Height
Projections
View Corridors See (F)
Standards for Residential Uses
Minimum Outdoor Living Area
(sq. ft./unit)—Sites with 3 or
More Units (including private
and common)
100 Section 9.21.090, Outdoor Living
Area
Minimum Amount Provided
as Private Outdoor Living
Area (sq. ft./unit)
60
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Accessory Food Service Section 9.31.030, Accessory Food Service
Accessory Structures Section 9.21.020, Accessory Buildings and Structures
Affordable Housing Production
Program Chapter 9.64, Affordable Housing Production Program
Density Bonus Chapter 9.22, Density Bonus
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges
Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Landscaping Subsection 9.14.030(H), Landscaping; Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects
Multiple-Unit Dwelling Projects
Located on Community
Assembly Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly
Surface Parking Lots
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation
Projections into Height Limits Section 9.21.060, Height Projections
Projections into Required
Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane
Refuse and Recycling Screening
and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards
Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems
A. Pedestrian-Oriented Design. New development shall incorporate the following
design elements into the street-facing façades at the ground floor level:
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1. Articulated façades at the ground floor street frontage, which may include,
but not necessarily require, such measures as indentation in plane, change of materials
in a complimentary manner, sensitive composition and juxtaposition of openings and solid
wall and/or building frame and projecting elements such as awnings and marquees to
provide shade and shelter.
2. Ground-Floor Street Frontages. The finished ground floor level shall not
exceed 18 inches lower or higher than the finished grade of the adjacent sidewalk.
3. Sloped Ground-Floor Street Frontages. On parcels with a grade change of
10% or more along the length of the parcel line adjacent to a street frontage, the finished
ground floor level shall not exceed 18 inches lower or 3 feet higher than the finished grade
of the adjacent sidewalk.
4. Alternatives to the requirements of this Section 9.14.030(A) may be
approved if the Review Authority finds that the proposed use has unique operational
characteristics with which providing the required windows and openings is incompatible,
and street-facing building walls will exhibit architectural relief and detail and be enhanced
with landscaping in such a way as to create visual interest at the pedestrian level.
B. Build-To Line, Nonresidential Uses. Except on Pacific Coast Highway between
northern City limits and Santa Monica Pier, buildings with nonresidential uses on the
ground floor shall be constructed no farther than 10 feet from the street facing parcel
line(s) for 70% of linear street frontage. This requirement may be waived or modified
subject to a discretionary approval upon finding that:
1. Entry courtyards, plazas, entries, outdoor eating and display areas, or other
uncovered areas designed and accessible for public use are located between the build-
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to line and building, provided that the buildings are built to the edge of the courtyard,
plaza, or dining area; and
2. The building incorporates an alternative entrance design that creates a
welcoming entry feature facing the street.
C. Exterior Lighting. Exterior lighting should provide for a secure nighttime
pedestrian environment by reinforcing entrances, public sidewalks and open areas with
a safe level of illumination which avoids off-site glare.
D. Side Setback. The side setback shall be determined in accordance with the
following formula, except for parcels of less than 50 feet in width for which the side
setback shall be 10% of the parcel width but not less than 4 feet:
5′ + (stories x parcel width)
50′
For parcels located along the Pacific Coast Highway between the Santa Monica Pier
and the north City limits, at least 25% of the side elevation above 14 feet in height
shall provide an additional 4-foot average setback from the minimum side setback.
E. Daylight Plane Adjacent to Residential Uses. Buildings shall not extend above
a plane starting at 30 feet in height directly above the parcel line abutting any residentially-
zoned parcel in residential use, or where there is an alley, the centerline of the alley, and
from that point, extending in at a 45-degree angle from vertical toward the interior of the
site. The 30-foot height measurement shall be taken from the same reference grade as
determined for the subject site pursuant to Section 9.04.050.
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FIGURE 9.14.030.FE: DAYLIGHT PLANE ADJACENT TO RESIDENTIAL USES—OCEANFRONT DISTRICTS
F. View Corridors. For parcels located along the Pacific Coast Highway between the
Santa Monica Pier and the north City limits, any structure with 70 feet or more of frontage
parallel to the Pacific Coast Highway shall provide an unobstructed view corridor between
Pacific Coast Highway and the ocean. The view corridor shall be a minimum of 20
continuous feet in width measured from the parcel line abutting and parallel to Pacific
Coast Highway and shall remain unobstructed by any structure or portion thereof.
G. Landscaping. The following landscaping requirements apply.
1. Setback Areas Adjoining Streets. All visible portions of a required setback
area adjoining a street that are not used for driveways or walks shall consist of planting
areas, landscape, or pedestrian amenities.
2. Interior Setback Areas. At least 50% of each required interior side setback
area and rear setback area shall be planting area having a minimum width of 7.5 feet
adjoining a side or rear parcel line. The width of a required planting area may be reduced
to 3 feet in one side or rear setback area adjoining a driveway, and a nonresidential
accessory structure may occupy a portion of the planting area in a rear setback area.
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CHAPTER 9.15 PUBLIC AND SEMI-PUBLIC DISTRICTS
9.15.020 Land Use Regulations
Table 9.15.020 prescribes the land use regulations for Public and Semi-Public Districts.
The regulations for each district are established by letter designations listed below. These
designations apply strictly to the permissibility of land uses; applications for buildings or
structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with
specific limitations listed at the end of the table.
“CUP” designates use classifications that are permitted after review and approval of a
Conditional Use Permit.
“MUP” designates use classifications that are permitted after review and approval of a
Minor Use Permit.
“–” designates uses that are not permitted.
Land uses are defined in Chapter 9.51, Use Classifications. 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 disturbing or 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.
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TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS
Use Classification CC PL OS Additional Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P - - Section 9.31.025, Accessory Dwelling Unit
and Junior Accessory Dwelling Units
Junior Accessory Dwelling Unit P - - Section 9.31.025, Accessory Dwelling Unit
and Junior Accessory Dwelling Units
Multiple Unit Dwelling P - - Section 9.31.195, Multiple-Unit Dwelling
Projects
Senior Citizen Multiple-Unit
Dwelling P - - Section 9.31.195, Multiple-Unit Dwelling
Projects
Housing Types for Specific Needs
Congregate Housing L(1) - - Section 9.31.110, Congregate Housing
Emergency Shelters - P - Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.
Large P P P Section 9.31.140, Family Day Care, Large
Small P P P
Group Residential L(1) - - Section 9.31.155, Group Residential
Senior Group Residential L(1) - - Section 9.31.155, Group Residential
Low Barrier Navigation Centers P - - Section 9.31.175, Low Barrier Navigation
Centers
Residential Care Facilities See sub-classifications below.
Residential Care, General L(1) - - Section 9.31.270, Residential Care Facilities
Residential Care, Limited P - - Section 9.31.270, Residential Care Facilities
Residential Care, Senior L(1) - - Section 9.31.270, Residential Care
Facilities
Hospice, General - - -
Hospice, Limited - - -
Single Room Occupancy Housing L(1) - - Section 9.31.330, Single Room Occupancy
Housing
Supportive Housing L(1) - -
Transitional Housing L(1) - -
Public and Semi-Public Uses
Adult Day Care P P P
Cemetery - P -
Child Care and Early Education
Facilities P P P Section 9.31.120, Child Care and Early
Education Facilities
Colleges and Trade Schools, Public or
Private L(3) P -
Community Assembly P P L(3) Section 9.31.100, Community Assembly
Community Gardens - P P
Cultural Facilities P P P
Park and Recreations Facilities, Public P P P
Public Safety Facilities P P -
Schools, Public or Private L(3) P -
Social Service Centers P P - Section 9.31.350, Social Service Centers
Commercial Uses
Banks and Financial Institutions L(1) - -
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TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS
Use Classification CC PL OS Additional Regulations
Business Services L(1) - -
Commercial, Entertainment, and
Recreation See sub-classifications below.
Cinemas/Theaters - - MUP (3)
Convention and Conference
Centers P - -
Large-Scale Facility - - -
Small-Scale Facility - - - Section 9.31.340, Small-Scale Facility,
Game Arcades
Eating and Drinking Establishments See sub-classifications below.
Restaurants, Full-Service L(1) L(2) L(2)
Section 9.31.040, Alcoholic Beverage Sales
Section 9.31.280, Restaurants, Limited
Service and Take-Out Only
Section 9.31.200, Outdoor Dining and
Seating on Sidewalks
Section 9.31.290, Restaurants with
Entertainment
Restaurants, Limited Service L(1) L(2) L(2)
Section 9.31.040, Alcoholic Beverage Sales
Section 9.31.280, Restaurants, Limited
Service and Take-Out Only
Section 9.31.200, Outdoor Dining and
Seating on Sidewalks
Section 9.31.290, Restaurants with
Entertainment
Restaurants, Take-Out Only L(1) L(2) -
Section 9.31.040, Alcoholic Beverage Sales
Section 9.31.280, Restaurants, Limited
Service and Take-Out Only
With Outdoor Eating Areas L(1) L(2) L(2) Section 9.31.200, Outdoor Dining and
Seating
Food Hall, (up to 175 seats) CUP CUP CUP
Food and Beverage Sales See sub-classifications below.
Convenience Markets L(1) - - Section 9.31.040, Alcoholic Beverage Sales
Farmers Markets - P CUP
General Markets L(1) - - Section 9.31.040, Alcoholic Beverage Sales
Live-Work L(1) - - Section 9.31.170, Live-Work Units
Lodging See sub-classifications below.
Hotels and Motels CUP - -
Offices See sub-classifications below.
Business and Professional L(4)/CUP L (3) -
Creative L(4)/CUP - -
Walk-In Clientele L(4)/CUP - -
Parking, Public or Private L(3) P L(5)
General Personal Services L(1) - -
Retail Sales See sub-classifications below.
General Retail Sales, Small-Scale L(1) - - Section 9.31.220, Outdoor Retail Display
and Sales
Swap Meet MUP MUP MUP Section 9.31.360, Swap Meets
Transportation, Communication, and Utilities Uses
Citywide Bikeshare Facility P P P
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TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS
Use Classification CC PL OS Additional Regulations
Communication Facilities See sub-classifications below.
Antennas and Transmission
Towers CUP CUP - Chapter 9.32, Personal Wireless Service
Facilities
Equipment Within Buildings - P -
Utilities, Major - P -
Utilities, Minor - P -
Specific Limitations:
(1) Permitted as part of a mixed-use development.
(2) Permitted only as an accessory to a primary use. Must be located within the same building as a primary use.
(3) Limited to public, quasi-public, or nonprofit establishments.
(4) Public, quasi-public, and nonprofit offices are permitted. Conditional Use Permit required for private offices.
(5) Limited to public parking for beach or park users.
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Chapter 9.18 Activity Center and Neighborhood Conservation Overlay
Districts and Memorial Park Neighborhood Area Plan District
Activity Center Overlay District
* To be established by City Council through preparation of Area Plans for the Activity
Center areas and Development Agreements for each defined project.
Neighborhood Conservation Overlay District
* To be amended as the City Council establishes Neighborhood Conservation Overlay
Districts in accordance with Chapter 9.47.
Memorial Park Neighborhood Area Plan District
* To be determined as part of an Area Plan process. The underlying Zoning Districts shall
govern this area until such time as the Area Plan is adopted.
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Chapter 9.19 MODERATE INCOME OVERLAY
9.19.010 Purpose and Intent
The purpose of this Section is to promote the public health, safety, and welfare by
supporting the development of housing that is affordable to households earning between
80% and 120% of area median income. The intent of this Section is to accommodate
moderate income housing (MHO) projects through increases in density, height, and
relaxation of certain other zoning limitations for residential developments in which all units
are made affordable to households earning between 80% and 120% of area median
income; to incentivize the reuse of existing buildings in order to create MHO Projects; to
enable the feasibility of MHO projects by allowing flexibility in unit mix and unit size in
exchange for greater common area living space; to enable MHO Projects to be permitted
by right; and to apply such standards within the MHO area, to support the Housing
Element’s goals of supporting economic sustainability by creating housing that
accommodates an additional segment of the workforce, and achieve greater
socioeconomic diversity.
9.19.020 Definitions
A. Moderate Income Housing Overlay (MHO) means an overlay zoning district that
sets forth modified development standards within this chapter for residential
developments Citywide, except for parcels within the Single-Unit Residential (R1) zoning
district, and in which all units are made affordable to households earning between 80%
and 120% of area median income.
B. Moderate Income Housing Overlay (MHO) Dwelling Unit means a dwelling unit,
as defined by Section 9.52.020.0730, except that for purposes of this Chapter a dwelling
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unit shall be a minimum of 250 square feet in size, if the dwelling unit is located within a
MHO Project for which occupancy is restricted to a MHO Eligible Household.
C. Moderate Income Housing Overlay (MHO) Eligible Household means a
household whose gross income exceeds the maximum income for an 80% income
household and whose gross income does not exceed 120% of the area median income,
adjusted for household size, as published and periodically updated by California
Department of Housing and Community Development.
D. Moderate Income Housing Overlay (HMO) Project means a multiple-unit
dwelling project consisting of MHO Dwelling Units subject to the standards and
restrictions set forth in this chapter. A MHO Project may contain up to: (1) 33% of the
project’s total floor area as market rate dwelling units and/or non-residential uses that are
otherwise permitted in the base zoning district; and (2) no more than 25% of the total
number of units as market rate units.
9.19.030 Applicability
A. The provisions set forth in this Section shall apply to MHO Projects within the MHO.
B. A MHO Project shall be permitted by-right if it meets all standards set forth in this
chapter in place of the requirements otherwise applicable in the underlying zoning district.
Any development not meeting all of the standards set forth in this chapter shall be subject
to the requirements otherwise applicable in the underlying zoning district.
C. A MHO Project pursuant to this section shall not include any alteration or
demolition of any of the following types of housing:
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1. Deed restricted affordable housing;
2. 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;
3. Housing occupied by a tenant in the last three years; or
4. Housing on parcels with an Ellis Act eviction in the last 15 years from date
of application submittal.
9.19.035 Procedures
A MHO project shall be processed pursuant to Chapter 9.39, Administrative Approval.
9.19.040 Standards for Eligibility and Rent
MHO dwelling units shall be exempt from Chapter 9.64, Affordable Housing Production
Program, except for the following sections:
A. Section 9.64.110, Income Eligibility Requirements
B. Section 9.64.130, Deed Restrictions
9.19.050 Special Development Standards for MHO Projects
MHO Projects shall conform to the development standards of the underlying zoning
district except as modified by this Section.
A. Building Height. Projects shall receive a height increase of up to 33 feet above
maximum building height for the underlying zone district.
B. Residential Density Bonus. Projects shall be allowed to request up to a 50%
density bonus.
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C. Eligibility for Concessions/Incentives. Projects shall be eligible to request up to
four incentives and concessions pursuant to procedures set forth in Sections 9.22.060
and 9.22.080.
D. Eligibility for Waiver or Reduction of Development Standards. Projects shall
be eligible to request a waiver or reduction of development standards pursuant to
procedures set forth in Section 9.22.070 and 9.22.080.
E. Open Space.
1. Projects shall provide an increase to minimum required outdoor living area
in a percentage equivalent to the density bonus requested pursuant to this Section.
2. Projects may substitute common outdoor living area in lieu of minimum
required private outdoor living area in an equivalent amount.
F. Minimum Off-Street Parking. MHO Projects shall not have minimum off-street
parking requirements.
G. Transportation Demand Management. In addition to those required by Chapter
9.53, Transportation Demand Management, a MHO Project shall include the following
Transportation Demand Management measures:
1. 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).
2. Free on-site shared bicycles intended for resident and guest use. This shall
be optional if Citywide bikeshare is available within a 2-block radius of the project site.
H. Air Quality Assessment Zone. MHO 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
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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.
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9DIVISION 3 GENERAL REGULATIONS
Chapter 9.21, General Site Regulations
Chapter 9.30, Private Developer Cultural Arts Requirement
Chapter 9.31, Standards for Specific Uses and Activities
Chapter 9.34, Residential Unit Replacement Requirements
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CHAPTER 9.21 GENERAL SITE REGULATIONS
Section 9.21.020 Accessory Buildings and Structures
Accessory structures shall conform to the same property development standards as
principal buildings except as required by this Section. Accessory buildings in Residential
Districts shall include, but not be limited to, greenhouse and garden structures, storage
sheds, workshops, garages, and other buildings that are detached from the principal
building. Accessory structures in Residential Districts shall include, but not be limited to,
unenclosed carports, gazebos, cabanas, or other similar structures; air conditioners,
compressors, electric vehicle charging equipment, pool and spa filters, or other
mechanical equipment; barbecues; sinks and counters; fountains; freestanding
fireplaces; firepits; above ground swimming pools and spas; and other structures with a
fixed location that are detached from the principal building. Accessory structures greater
than 14 feet in height are not permitted. Accessory structures shall be erected, structurally
altered, converted, enlarged, moved, and maintained, in compliance with the following
regulations:
A. Relation to Principal Buildings. An accessory building may only be constructed
on a parcel with a legally-permitted principal building. Except as may be provided under
Santa Monica Municipal Code 6.20, Home-Sharing and Vacation Rentals, or for
accessory dwelling units established in compliance with Section 9.31.025, Accessory
Dwelling Units and Junior Accessory Dwelling Units, of this Code, an accessory building
shall be considered part of the principal building if the accessory building is located less
than 6 feet from the principal building or if connected to it by fully enclosed space.
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B. Dwelling Units in Accessory Buildings. An accessory building on a parcel
occupied or proposed to be occupied by a single-unit or multiple-unit detached dwelling
may only be used as a separate dwelling unit in compliance with the requirements of
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units.
C. Accessory Buildings and Structures up to 14 Feet in Residential Districts.
Accessory buildings and structures not more than 14 feet or one story in height shall
conform to the following standards:
1. Location.
a. Accessory buildings shall be located on the rear half of the parcel
and shall not extend into the minimum side yard setback except as authorized
pursuant to subsections (b) and (c) below.
b. Accessory buildings no more than 14 feet in height may be located
in the rear setback but shall be located at least 5 feet from the rear parcel line. A
garage or garage portion of such an accessory building may extend up to one
interior side parcel line within the rear 35 feet of a parcel.
c. A garage or garage portion of an accessory building may extend to
the rear parcel line abutting an alley, provided that vehicle access is not taken from
the alley. Where vehicle access is taken from an alley, garages shall be set back
at least 5 feet from the rear parcel line abutting said alley.
d. Accessory buildings may be located in the rear setback and shall be
located at least 15 feet from the centerline of a rear alley.
e. Accessory structures shall not be located within any front or minimum
side setback except as expressly authorized below:
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i. Fountains, fire pits, and similar ornamental landscape features not to
exceed 42 inches in height.
ii. Underground mechanical equipment.
iii. Electric vehicle charging equipment shall be permitted within any
minimum side setback but shall not be permitted within any minimum front
setback.
2. Dimensions.
a. On a reversed corner parcel, accessory buildings 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 5 feet to the
side parcel line of any key parcel.
b. Any accessory building on a through parcel shall not project into any
front setback and shall not be located in any minimum side setback.
3. Sloped Parcels.
a. Where the elevation of the ground at a point 50 feet from the front
parcel line of a parcel and midway between the side parcel lines differs 12 feet or
more from the curb level, a private garage, not exceeding one story nor 11 feet in
height for a flat roof and one story nor 14 feet in height for a pitched roof, may be
located within the required front setback, provided that every portion of the garage
building is at least 5 feet from the front parcel line and does not occupy more than
50% of the width of the front parcel line.
b. In all OP Districts, a garage or garage entrance on a parcel with an
existing grade differential of 10 feet or more between the midpoint of the front
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parcel line and the midpoint of the rear parcel line may be set back a distance
equal to the average garage setback of adjacent garage(s), but not less than 5
feet, when the interior garage width does not exceed 20 feet and the height does
not exceed 11 feet for a flat roof and 14 feet for a pitched roof.
D. Accessory Buildings over One Story or 14 Feet in Residential Districts.
Accessory buildings that exceed 14 feet or one story in height shall conform to the
following standards:
1. Maximum Floor Area. The total floor area of an accessory building that
exceeds 14 feet or one story in height shall not exceed 650 square feet including any
area approved for use as a garage. No accessory building shall have a second floor that
exceeds 250 square feet in size. Accessory dwelling units are exempt from this
requirement pursuant to Section 9.31.025, Accessory Dwelling Units and Junior
Accessory Dwelling Units.
2. Maximum Building Height. The accessory building shall not exceed 2
stories or 24 feet in height.
3. Setbacks. The accessory building shall conform to all setback
requirements of the Residential District and the following requirements:
a. A one-story garage or the garage portion of an accessory building
may extend into the rear setback and may extend to one interior side property line
on the rear 35 feet of a parcel.
b. The accessory building shall have the same minimum side setback
requirement as the principal building on the parcel, but in no case less than 5 feet.
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c. The second story portion of an accessory building that is directly
above the garage may extend into the required rear setback but shall be no closer
than 5 feet from the rear property line, and may not extend into any minimum side
setback.
E. Exterior Features. In the Single-Unit Residential (R1) District, first-story roof
decks, landings, upper level walkways, and balconies on accessory buildings, not
including accessory dwelling units, shall not exceed 35 square feet in area and must be
set back at least 25 feet from the side property line closest to the structure, and at least
25 feet from the rear property line. Roof decks above the second story are prohibited.
F. Design Compatibility. The architectural design of the accessory building shall be
compatible with the design of the principal dwelling and surrounding residential
development in terms of building form, materials, colors, and exterior finishes.
G. Kitchen. The accessory building shall not contain a kitchen unless specifically
permitted as an accessory dwelling unit pursuant to Section 9.31.025, Accessory Dwelling
Units and Junior Accessory Dwelling Units.
H. Full Bath. The accessory building may contain a sink, toilet, and a shower and/or
tub.
I. Renting. Except as may be permitted under Santa Monica Municipal Code 6.20,
Home-Sharing and Vacation Rentals, no accessory building shall be rented for any
purpose or otherwise used as an accessory dwelling unit unless specifically pursuant to
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units.
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Section 9.21.090 Outdoor Living Area
Required outdoor living areas to serve residential dwelling units shall be provided in
accordance with this Section.
A. Required Area and Location. Outdoor living area shall be provided according to
the required minimum area stated for the respective District in Division 2, Base and
Overlay Districts. The required minimum private outdoor living space area per dwelling
unit shall be located and designed to serve each unit. The remainder of required open
space per unit shall be provided as either private open space accessible to the unit or
common open space accessible to all or multiple units on the site.
B. Facilities. Private outdoor living areas typically consist of balconies, decks, patios,
fenced setbacks, and other similar areas outside the residence. Common outdoor living
areas typically consist of landscaped areas, landscaped courts, walks, patios, swimming
pools, barbeque areas, playgrounds, turf, gardens, or other such improvements as are
appropriate to enhance the outdoor environment of the development.
C. Standards and Requirements.
1. Private Outdoor Living Area.
a. Private outdoor living area (e.g., yards, decks, patios, balconies)
shall be no less than 4 feet deep.
b. For non-residentially zoned parcels, ground floor private outdoor
living areas adjacent to a street shall not be permitted to be enclosed with a fence,
wall, or hedge greater than 5 feet in height. Any portion of fences, walls, and
hedges above 42 inches in height shall be at least 50% visually transparent.
2. Common Outdoor Living Area.
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a. Ground Floor or Podium Level. Common outdoor living area located
on the ground or podium level shall provide one space that is at least 400 square
feet with minimum dimensions of 20 feet in width and 15 feet in length.
b. Upper Story. Common outdoor living area located on an upper-story
shall be no less than 10 feet in width and 10 feet in length.
c. Roof Decks. Common outdoor living area located on a roof shall be
subject to the following limitations and requirements:
i. Parcels less than 15,000 square feet: No size limitation, but any
provided open space shall be no less than 10 feet in width and 10 feet in depth.
ii. Parcels greater than 15,000 square feet: No more than 50% of
provided common open space can be located on a roof and shall be no less
than 10 feet in width and 10 feet in depth.
D. Accessibility.
1. Private Outdoor Living Area. Private outdoor living area shall be
accessible to only one living unit by a doorway or doorways to a habitable room or hallway
of the unit.
2. Common Outdoor Living Area. Common outdoor living area shall be
accessible to all the residents of the dwelling units on the parcel.
E. Usability. A surface shall be provided that allows convenient use for outdoor living
and/or recreation for the use of residents. Such surface may be any practicable
combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable,
dust-free surfacing.
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F. 100% Affordable Housing Projects. 100% Affordable Housing Projects in any
district may substitute common outdoor living area in lieu of minimum required private
outdoor living area in an equivalent amount.
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CHAPTER 9.30 PRIVATE DEVELOPER CULTURAL ARTS REQUIREMENT
Section 9.30.140. Cultural Arts Development Contribution.
In lieu of installation of on-site public art, the developer may make a cultural arts
development contribution in accordance with the following:
A. Amount of Contribution. One percent of the average square foot cost of
construction of the development project as set forth by resolution of the City Council
times the project square footage.
B. Timing of Contribution. The project applicant shall pay the in-lieu contribution
according to the schedule of fees in place on the date the fees are paid, except that the
project applicant for a project that has vested rights under State or local law shall pay
the applicable fees in accordance with those vested rights. The in-lieu contribution shall
be paid in full upon issuance of certificate of occupancy or final inspection, whichever
occurs last.
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CHAPTER 9.31 STANDARDS FOR SPECIFIC USES AND ACTIVITIES
Section 9.31.025 Accessory Dwelling Units and Junior Accessory Dwelling
Units
Notwithstanding the accessory structure standards of Section 9.21.020, accessory
dwelling units and junior accessory dwelling units shall be developed, located, and
operated in accordance with the following standards.
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 66310 et seq. 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
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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
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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.
1. Except as provided in subsection 2, below, 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.
2. Notwithstanding the provisions of subsection 1, above, no ADU or JADU
may be established:
a. On a parcel with a multiple unit-dwelling ownership project that has
received an approval pursuant to Government Code 66499.41; or
b. If it would exceed the maximum unit count permitted under
paragraph (E)(2) of Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned
for Single-Unit Residential.
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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:
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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 (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.
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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.
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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
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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 structures
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.
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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 (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.
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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 two 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
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structure up to 150 square feet to only accommodate ingress and egress as set forth in
subsections (I)(1)(a)(i), (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-
family dwelling; and
iii. The JADU complies with the requirements of Government Code
Sections 66333 to 66339.
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.
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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;
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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.
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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 (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).
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2. Notwithstanding the prohibition in subsection (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 66341 or Section 9.31.026, Accessory
Dwelling Unit Condominiums.
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
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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.
Section 9.31.026 Accessory Dwelling Unit Condominiums
A. Purpose. The purpose of this section is to establish standards, requirements, and
procedures to allow separate sale or conveyance of a primary unit and an ADU or ADUs
as condominiums pursuant to the regulations set forth in Government Code Section
66342, added by State Assembly Bill 1033 (AB 1033).
B. Separate Sale or Conveyance of ADUs. An ADU or ADUs shall be separately
sold or conveyed as condominiums only under the conditions outlined in this Section.
C. ADU Condominium Requirements. All condominium projects subject to this
Section shall be subject to the following requirements:
1. All condominium projects subject to this Section shall comply with all
applicable provisions of the Santa Monica Municipal Code.
2. The condominiums shall be created pursuant to the Davis-Stirling Common
Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the
Civil Code).
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3. The condominiums shall be created in conformance with all applicable
objective requirements of the Subdivision Map Act (Division 2 (commencing with Section
66410)) and all objective requirements of Chapter 9.54, Land Divisions. As provided in
Section 9.54.140, projects that will result in four or fewer parcels are not subject to
Planning Commission review.
4. All condominium projects subject to this Section shall comply with the
requirements of Chapter 9.24, Condominiums.
5. Before recordation of the condominium plan, a safety inspection of the ADU
shall be conducted as evidenced either through a certificate of occupancy from the local
agency or a housing quality standards report from a building inspector certified by the
United States Department of Housing and Urban Development.
6. Lienholder’s consent required. Lienholder’s consent shall be required as
follows:
a. Neither a subdivision map nor a condominium plan shall be recorded
with the county recorder in the county where the real property is located without
each lienholder’s consent. The following shall apply to the consent of a lienholder:
i. A lienholder may refuse to give consent.
ii. A lienholder may consent provided that any terms and
conditions required by the lienholder are satisfied.
b. Prior to recordation of the initial or any subsequent modifications to
the condominium plan, written evidence of the lienholder’s consent shall be
provided to the county recorder along with a signed statement from each lienholder
that states as follows:
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“(Name of lienholder) hereby consents to the recording of this condominium
plan in their sole and absolute discretion and the borrower has or will satisfy any
additional terms and conditions the lienholder may have.”
c. The lienholder’s consent shall be included on the condominium plan
or a separate form attached to the condominium plan that includes the following
information:
i. The lienholder’s signature.
ii. The name of the record owner or ground lessee.
iii. The legal description of the real property.
iv. The identities of all parties with an interest in the real property
as reflected in the real property records.
v. The lienholder’s consent shall be recorded in the office of the
county recorder of the county in which the real property is located.
d. The City shall include the following notice to consumers on any ADU
or JADU unit submittal checklist or public information issued describing
requirements and permitting for ADUs, including as standard condition of any ADU
building permit or condominium plan approval:
“NOTICE: If you are considering establishing your primary dwelling unit and
accessory dwelling unit as a condominium, please ensure that your building
permitting agency allows this practice. If you decide to establish your
primary dwelling unit and accessory dwelling unit as a condominium, your
condominium plan or any future modifications to the condominium plan
must be recorded with the County Recorder. Prior to recordation or
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modification of your subdivision map and condominium plan, any lienholder
with a lien on your title must provide a form of written consent either on the
condominium plan, or on the lienholder’s consent form attached to the
condominium plan, with text that clearly states that the lender approves
recordation of the condominium plan and that you have satisfied their terms
and conditions, if any.
In order to secure lender consent, you may be required to follow additional
lender requirements, which may include, but are not limited to, one or more
of the following:
a. Paying off your current lender.
You may pay off your mortgage and any liens through a refinance or a new
loan. Be aware that refinancing or using a new loan may result in changes
to your interest rate or tax basis. Also, be aware that any subsequent
modification to your subdivision map or condominium plan must also be
consented to by your lender, which consent may be denied.
b. Securing your lender’s approval of a modification to their loan
collateral due to the change of your current property legal description into
one or more condominium parcels.
c. Securing your lender’s consent to the details of any construction loan
or ground lease.
This may include a copy of the improvement contract entered in good faith
with a licensed contractor, evidence that the record owner or ground lessee
has the funds to complete the work, and a signed statement made by the
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record owner or ground lessor that the information in the consent above is
true and correct.”
6. If an ADU is established as a condominium, the local government shall
require the homeowner to notify providers of utilities, including water, sewer, gas, and
electricity, of the condominium creation and separate conveyance.
7. Existing Association Consent Required. Consent from existing associations
shall be required as follows:
a. The owner of a property or a separate interest within an existing
planned development that has an existing association, as defined in Section 4080
of the Civil Code, shall not record a condominium plan to create a common interest
development under Section 4100 of the Civil Code without the express written
authorization by the existing association.
b. For purposes of this subdivision, written authorization by the existing
association means approval by the board at a duly noticed board meeting, as
defined in Section 4090 of the Civil Code, and if needed pursuant to the existing
association’s governing documents, membership approval of the existing
association.
Section 9.31.035 Adaptive Reuse Projects
A. Purpose and Intent.
The purpose of this Section is to encourage and facilitate the conversion of existing
buildings to new residential uses.
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B. Definitions.
The following words or phrases as used in this Section shall have the following meanings:
1. Adaptive Reuse Project. A housing development project that includes a
change of use of all or any portion of existing floor area in any legally permitted building
to a residential use.
2. Existing Building Envelope. The aggregate of building mass and building
bulk that exists at the time the project application is filed.
C. Project Eligibility.
Qualifying projects must meet the following provisions:
1. Existing Building Envelope. The adaptive reuse project shall be located
within the existing building envelope, except as provided below in Subsections 2 and 3.
2. Additional Stories. The adaptive reuse project shall in no case be
permitted to add more than 1 or 2 stories above the existing building for Multiple-Unit
Dwelling use as follows.
a. Reallocation of Existing Floor Area. The adaptive reuse project
may relocate existing floor area from one part of the existing building but in no
case, exceed an additional two stories above the existing height of the building.
b. Bonus New Floor Area. The adaptive reuse project may also
include new floor area within the parcel(s) for residential use as set forth below
i. Top Addition: The adaptive reuse project must not expand the
existing building envelope by more than a maximum of two additional stories
constructed on top of the existing building.
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ii. Rear/Side Additions: In addition to subsection(C)(2)(b)(i), the
adaptive reuse project may also include new construction located in the rear
or side subject to the following:
(1) Parcels in the Residential Zoning Districts and
Neighborhood Commercial Zoning District: The side/rear
construction does not exceed more than one story above the highest
occupiable floor of the existing building.
(2) Parcels in Other Zones: The new side/rear
construction does not exceed more than 100% of the existing
building floor area and must not exceed one story above the highest
occupiable floor of the existing building
iii. Enclosure of Existing Covered Spaces at the Ground Level:
Subject to the floor area limitations of Subsection (C)(2)(b)(ii)(2) above, the
adaptive reuse project may also add floor area through the enclosure of
covered arcades, atria, paseos, walkways, and corridors located at the
ground level, which were in existence as of December 31, 2024.
3. Bonus Story for Open Space Amenities. One additional story of open
space amenities (including rooftop open space) may be constructed on top of the existing
building.
4. Demolition. The adaptive reuse project shall not demolish the existing
building as defined in Section 9.25.030.
5. Conversion Types. Except as provided in subsection (d) below, adaptive
reuse projects may only convert from:
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a. Nonresidential land uses to Multiple-Unit Dwelling use, except that
conversion of any existing Hotel and Motel uses shall be prohibited.
b. Nonresidential land uses to Live-Work use in Nonresidential Districts
only.
c. Any building in a Residential District that has never been utilized as
a Multiple-Unit Dwelling use to Multiple-Unit Dwelling use.
d. Notwithstanding any of the foregoing, any existing floor area may
convert to an Extremely Affordable Adaptive Reuse Project, as defined in
Government Code Section 65913.12, or 100% affordable housing projects.
6. Unit Threshold. The adaptive reuse project must result in the creation of a
minimum of two dwelling units. The two dwelling units shall be within the existing building
envelope, except where the project is located on a parcel(s) in the Residential and
Neighborhood Commercial Zoning Districts.
D. Procedures
1. Process. Adaptive reuse projects shall be processed as Administrative
Approvals pursuant to Chapter 9.39.
2. Development Impact Fees. Adaptive reuse projects shall be exempt from
impact fees established pursuant to Chapter 9.66 Transportation Impact Fee, Chapter
9.65 Childcare Linkage Fee, and Chapter 9.30 Cultural Arts Fee.
3. Chapter 9.64, Affordable Housing Production Program. Adaptive reuse
projects under this Section are exempt from the affordable housing requirements of
Chapter 9.64 Affordable Housing Production Program.
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4. Relationship to Chapter 9.56, Landmarks and Historic District
Ordinance. Adaptive reuse projects for City-Designated Historic Resources must comply
with Chapter 9.56 Landmarks and Historic Districts Ordinance. For special development
standards for preservation of Historic Resources, refer to Section 9.01.050. For
preservation incentives, refer to Section 9.56.270. For Modifications and Waivers
available to designated historic resources, refer to Section 9.43.100(G).
E. Incentives
Eligible adaptive reuse projects shall be entitled to the following incentives:
1. Legal non-conforming structures on-site may be maintained as set forth in
Section 9.27.030.
2. Modification and/or reduction of development standards as set forth below:
a. Residential Districts.
i. Density Limits. The addition of units shall not be counted
toward the maximum density limits applicable for the parcel(s).
ii. Floor Area Ratios. Where applicable, the addition of floor area
shall not be counted toward the maximum floor area ratio limits applicable
for the parcel(s.
iii. Stories. The addition of stories shall not be counted toward
the maximum story limits applicable for the parcel(s).
iv. Building Height. Additional height up to 24 feet shall not be
counted toward the maximum height limits applicable for the parcel(s).
v. Parcel Coverage. Parcel coverage limitations shall not apply.
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vi. Setbacks. Existing building setbacks may remain, and
additions(s) to the existing building to accommodate bonus new floor area
may continue nonconforming setbacks provided that the addition(s) do(es)
not extend closer than 4 feet to the side and rear parcel line.
vii. Stepbacks. Where applicable, stepback requirements shall
not apply.
viii. Transitional Requirements Adjacent to R1 District. R1
transitional requirements shall not apply.
ix. Open Space & Landscaping. Minimum outdoor living area,
courtyards, and minimum planting area requirements shall not apply.
x. Unit Mix. Unit mix requirements shall not apply.
xi. Off-Street Parking. Where there is existing parking, and the
adaptive reuse project is outside 1/2 mile of a major transit stop, the
adaptive reuse project is only required to maintain or replace at least 50%
of the existing on-site parking serving an existing use. Minimum off-street
parking requirements shall not apply to adaptive reuse projects located
outside 1/2 mile of a major transit stop.
xii. Bicycle Parking. Long term and short-term bicycle parking
requirements shall not apply.
b. Nonresidential Districts
i. Floor Area Ratios. The addition of floor area shall not be
counted toward the maximum FAR limits applicable for the parcel(s).
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ii. Building Height. Additional height up to 24 feet shall not be
counted toward the maximum height limits applicable for the parcel(s).
iii. Setbacks. Existing building setbacks may remain, and
additions(s) to the existing building to accommodate bonus new floor area
may continue nonconforming setbacks.
iv. Pedestrian Oriented Design. Pedestrian-oriented design
requirements shall not apply.
v. Ground Floor Height. Minimum ground floor height
requirements shall not apply.
vi. Stepbacks. Building stepbacks shall not apply.
vii. Daylight Plane. Daylight plane requirements shall not apply.
viii. Outdoor Living Area. Minimum outdoor living area
requirements shall not apply.
ix. Unit Mix. Unit mix requirements shall not apply.
x. Off-Street Parking. Where there is existing parking, and the
adaptive reuse project is outside 1/2 mile of a major transit stop, the
adaptive reuse project is only required to maintain or replace at least 50%
of the existing on-site parking serving an existing use. Minimum off-street
parking requirements shall not apply to adaptive reuse projects located
outside 1/2 mile of a major transit stop.
xi. Bicycle Parking. Long term and short term bicycle parking
requirements shall not apply.
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xii. Loading Space. Where there is existing loading, the adaptive
reuse project shall be required to maintain current, existing dimensions. No
new additional loading spaces shall be required.
Section 9.31.110 Congregate Housing.
When developed as a group residential facility in any Residential District where group
residential development is allowed, Congregate 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
Section 9.31.130 Emergency Shelters.
The purpose of these standards is to ensure that Emergency Shelters do not adversely
impact adjacent parcels or the surrounding neighborhood and will be developed in a
manner that protects the health, safety, and general welfare of program participants and
the nearby residents and businesses while providing for the housing needs of a
vulnerable segment of the community. Emergency Shelters shall be located, developed,
and operated in compliance with the following objective standards.
A. Lighting. In order to ensure that adequate external lighting is provided for security
purposes, lighting shall comply with all objective standards set forth in Section 9.21.080,
Lighting.
B. Security. The shelter shall provide security during hours of operation.
C. Length of Stay. 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
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alternative housing is available.
D. 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.
E. Health and Safety Standards. The shelter for the homeless must comply with all
applicable Federal and state standards.
F. Parking. In no case shall an emergency shelter be required to provide more
parking than other residential or commercial uses within the same zoning district.
Section 9.31.155 Group Residential.
Group Residential, including Senior Group Residential, shall be subject to 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 an efficiency kitchen.
C. Minimum Age. For Senior Group Residential, occupancy shall be limited one or
more persons 62 years of age or older, or a person at least 55 years of age who meets
the qualifications found in Civil Code Section 51.3.
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D. Minimum Private Living Quarters Size. Private living quarters shall include at
least 220 square feet of floor area.
E. 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.
Section 9.31.175 Low Barrier Navigation Centers
This section establishes requirements for Low Barrier Navigation Centers as defined and
set forth in Section 65660 et seq. of the California Government Code.
A. Applicability. A Low Barrier Navigation Center development is a use by right in
areas zoned for mixed use and nonresidential zones permitting multifamily uses if it meets
the requirements of this section.
B. Definitions.
1. Low Barrier Navigation Centers means housing First, low-barrier, service-
enriched shelters focused on moving people into permanent housing that provide
temporary living facilities while case managers connect individuals experiencing
homelessness to income, public benefits, health services, shelter, and housing, as
defined in Government Code Section 65660.
2. Low Barrier means best practices to reduce barriers to entry, and may
include, but is not limited to, the following:
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a. The presence of partners if it is not a population-specific site, such
as for survivors of domestic violence or sexual assault, women, or youth.
b. Pets
c. The storage of possessions.
d. Privacy, such as partitions around beds in a dormitory setting or in
larger rooms containing more than two beds, or private rooms.
3. Use by Right means “use by right” as defined in subdivision (i) of
Government Code Section 65583.2.
C. Requirements. In accordance with Government Code Section 65662, Low Barrier
Navigation Centers shall:
1. Offer services to connect people to permanent housing through a services
plan that identifies services staffing.
2. Be linked to a coordinated entry system, so that staff in the interim facility
or staff who collocate in the facility may conduct assessments and provide services to
connect people to permanent housing. “Coordinated entry system” means a centralized
or coordinated assessment system developed pursuant to Section 576.400(d) or Section
578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those
sections read on January 1, 2020, and any related requirements, designed to coordinate
program participant intake, assessment, and referrals.
3. Comply with Chapter 6.5 (commencing with Section 8255) of Division 8 of
the Welfare and Institutions Code.
4. Have a system for entering information regarding client stays, client
demographics, client income, and exit destination through the local Homeless
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Management Information System as defined by Section 578.3 of Title 24 of the Code of
Federal Regulations.
D. Process. In accordance with Government Code Section 65664, Low Barrier
Navigation Centers shall be processed as follows:
1. Within 30 days of receipt of an application for a Low Barrier Navigation
Center development, the City shall notify a developer whether the developer’s application
is complete pursuant to Government Code Section 65943.
2. Within 60 days of receipt of a completed application for a Low Barrier
Navigation Center development, the City shall act upon its review of the application.
3. Division 13 (commencing with Section 21000) of the Public Resources
Code shall not apply to actions taken by a public agency to lease, convey, or encumber
land owned by a public agency, or to facilitate the lease, conveyance, or encumbrance of
land owned by a public agency, or to provide financial assistance to, or otherwise
approve, a Low Barrier Navigation Center constructed or allowed by this section.
9.31.180 Reserved
Section 9.31.195 Multiple Unit Dwelling Projects
The purpose of this section is to establish requirements for multiple-unit dwelling projects;
however, 100% affordable housing projects are exempt from Subsection (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).
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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 non-residential 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
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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 in Chapter 9.34, Residential
Unit Replacement Requirements.
E. Objective Design Standards for Streamlined, Ministerial Approval Process
Established by Senate Bill 35. Qualifying multiple-unit dwelling projects that elect to use
the streamlined, ministerial approval process established by Senate Bill 35 (SB 35), and
set forth in Government Code Section 65913.4, shall be required to comply with objective
design review standards, which may be established by resolution of the City Council.
9.31.197 Multiple-Unit Dwelling Projects Located on Residentially Zoned
Surface Parking Lots
The purpose of this section is to incentivize new housing choices and affordability on
underutilized sites in high opportunity areas that would not displace existing tenants.
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.
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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 1 unit per
2,000 square feet of parcel area, or four 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
either 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 non-
residential use may be taken from a residentially zoned parcel if the required non-
residential parking is replaced.
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H. Additional Requirements. Projects shall comply with the requirements set forth
in Section 9.31.195, Multiple-Unit Dwelling Projects.
9.31.270 Residential Care Facilities
A. Applicability. The standards of this Section apply to Residential Facilities as
defined in Section 9.51.020(B)(10).
B. Location. Minimum distance requirements between Residential Facilities shall be
limited to those set forth in 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. Open space may be provided as
either private or common space.
D. Residential Care Facilities of Six or Fewer Persons. Residential Facilities for 6
or fewer persons 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.
E. Parking. Residential Facilities for 6 or fewer persons shall be subject to the same
parking requirements as any permitted housing type in the District in which they are
located.
Section 9.31.310 Reserved
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Section 9.31.330 Single Room Occupancy Structures.
Single Room Occupancy (SRO) structures shall be located, developed, and operated in
compliance with the following standards, except that Single Room Occupancy Housing,
Market Rate, as set forth in Section 9.51.020(B)(11)(a), 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.
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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.
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Chapter 9.34 Residential Unit Replacement Requirements
9.34.010 Purpose
The purpose of this Chapter is to set forth requirements for replacement of residential
units to ensure compliance with State law, including, but not limited to, the Housing Crisis
Act of 2019, Government Code 66300 et seq.
9.34.020 Applicability
A. Except as provided in paragraph B, below, the replacement unit requirements of
this Chapter shall apply to any development project that will require demolition of one or
more residential dwelling units.
B. Notwithstanding paragraph A, above, the replacement unit requirements of this
Chapter shall not apply to a development project that will require demolition of one or
more residential dwelling units if any of the following conditions are met:
1. The development project meets one of the conditions set forth in
Government Code 66300.6(1)(C); or
2. The development project:
a. Does not involve new construction; and
b. Would not result in the reduction of protected units
9.34.030 Requirements
A. All projects shall comply with all applicable residential unit replacement
requirements, including, but not limited to, replacement unit requirements set forth in the
Housing Crisis Act of 2019, Government Code Section 66300.6, and State Density Bonus
law Government Code Section 65915.
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B. For purposes of Government Code Section 65915(c)(3)(C), for any dwelling unit
that is or was, within the five-year period preceding the application for a development
project, subject to Santa Monica City Charter Article XVIII, the City’s Rent Control Law,
and that is or was occupied by persons or families above lower income, the units shall be
replaced in compliance with the Rent Control law. This requirement is exclusive of
obligations under Chapter 9.64 and units to qualify for State Density Bonus Law.
C. Relationship to Other Laws and Requirements
1. State Density Bonus Law. Protected units replaced pursuant to the Housing
Crisis Act of 2019 or State Density Bonus Law shall be considered in determining whether
the housing development project satisfies the requirements of Chapter 9.22, Density
Bonus, and State Density Bonus Law, Government Code section 65915.
2. Affordable Housing Production Program.
a. Protected Units replaced pursuant to the Housing Crisis Act of 2019
or State Density Bonus Law shall be considered in determining whether the
development project satisfies the requirements of Chapter 9.64, Affordable
Housing Production Program.
b. When determining income level for required deed restricted units, the
requirements of this Chapter shall be met prior to ensuring compliance with
requirements of Section 9.64.020.
c. In the event of a conflict between the onsite requirements set forth in
Section 9.64.020 and the requirements of this Chapter, the replacement unit
replacements in this Chapter shall control.
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DIVISION 4: ADMINISTRATION AND PERMITS
Chapter 9.39, Administrative Approval
Chapter 9.49, Reasonable Accommodations
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CHAPTER 9.39 ADMINISTRATIVE APPROVAL
9.39.020 Applicability
A. Except as provided in subsection (B), an Administrative Approval shall be required
prior to issuance of any Building Permit for the development of any of the following:
1. Housing Projects. For Housing Projects, all new construction and new
additions to existing buildings as follows:
a. 100% affordable housing projects;
b. Moderate Income Housing Overlay project, as defined in Section
9.19.020(D);
c. Streamlined Housing Project, as defined in Section 9.39.040, located
on a parcel or parcels that do not exceed 43,560 square feet in size, including
projects that have been granted modifications and waivers pursuant to Chapter
9.43, Modifications and Waivers;
d. Streamlined Housing Project, as defined in Section 9.39.040, within
a Bergamot District and that satisfies the following requirements:
i. Located on a parcel or parcels that exceeds 43,560 square
feet in size and is less than 130,680 square feet in size; and
ii. Complies with Section 9.12.030(O), Special Project
Commitments for Housing Projects on Large Sites in Bergamot Districts,
including projects that have been granted Modifications and Waivers
pursuant to Chapter 9.43, Modifications and Waivers;
e. Pursuant to Government Code Section 65583.2(c), any housing
project as defined by 65589.5(h)(2) providing at least 20% of the onsite units as
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affordable units located on a nonvacant site that was identified in the 5th Cycle
(2013-2021) Housing Element suitable sites inventory;.
f. Pursuant to Government Code Section 65583.2(h) and (i):
i. Housing projects proposed on a City-owned site, as identified
in the 6th Cycle (2021-2029) Housing Element, where at least 20% of the
project’s units are made affordable and available to lower income
households and used to satisfy the City’s shortfall of lower income units
identified in the 6th Cycle (2021-2029) Housing Element; or
ii. Projects with at least 50% residential proposed on City-owned
sites, where 20% of the project’s units are made affordable to lower-income
households that are sold or leased and used to satisfy the City’s shortfall of
lower income units as identified in the 6th Cycle (2021-2029) Housing
Element; or
g. Adaptive Reuse Project, as defined in Section 9.31.035(B)(1).
2. Non-Housing Projects. For non-housing projects of more than 1,000 square
feet, all new construction and new additions to existing buildings that do not exceed the
following:
a. Tier 1 maximum limits;
b. In Multi-Unit Residential Districts or Ocean Park Neighborhood
Districts, 10,000 square feet;
c. In Neighborhood Commercial and Oceanfront Districts, 7,500 square
feet;
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d. In Nonresidential Districts not specified in subsection (A)(2)(c)
above, 15,000 square feet; or
e. In the Pico Neighborhood Area as outlined in Figure 9.40.020.A,
notwithstanding subsection (A)(2)(b) through (d) above, and until the adoption of
a Pico Neighborhood Plan, 7,500 square feet.
3. Multiple-unit dwelling projects located on community assembly surface
parking lots pursuant to Section 9.31.196
B. No Administrative Approval and only a building permit shall be required for:
1. Any new single-unit dwellings or additions thereto in any zoning district; or
2. Non-housing projects consisting of new construction and new additions to
existing buildings located in Residential and Nonresidential Districts no greater than 1,000
square feet.
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CHAPTER 9.49 Reasonable Accommodation
9.49.010 Purpose
It is the policy of the City to provide individuals with disabilities reasonable
accommodations or reasonable modifications in rules, policies, practices, and procedures
to ensure the equal access to housing and to facilitate the development of housing for
individuals with disabilities in compliance with the California Fair Employment and
Housing Act, the Unruh Civil Rights Act, the Federal Fair Housing Act, Section 504 of the
Rehabilitation Act, the Americans with Disabilities Act, and Sections 12176-12181 of Title
2 of the California Code of Regulations (referred to in this Chapter as the “Acts”). This
Chapter provides a procedure for making requests for reasonable accommodations in the
City’s land use and zoning regulations, policies, practices, and procedures to comply fully
with the intent and purpose of the fair housing laws.
9.49.020 Applicability
A. Eligible Applicants.
1. A request for a reasonable accommodation or reasonable modification may
be made by any person with a disability, their representative, or any entity, when the
application of a zoning law or other land use regulation, policy, or practice acts as a barrier
to fair housing opportunities.
2. This Chapter is intended to apply to those persons who are defined as
disabled or handicapped under the Acts.
B. Eligible Requests.
1. A request for a reasonable accommodation or reasonable modification may
seek a modification or exception to the rules, standards, and practices for the siting,
development, and use of housing or housing-related facilities that would eliminate
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regulatory barriers and provide a person with a disability equal opportunity to use and
enjoy a dwelling.
2. A request for a reasonable accommodation or reasonable modification shall
comply with Section 9.49.030.
9.49.030 Application Requirements
A. Application. A request for a reasonable accommodation or reasonable
modification shall be submitted orally or in writing to the City. The City shall provide an
optional form that may be used for this purpose which shall include space for the
requester to provide the following information:
1. The applicant’s name, address, and telephone number.
2. Name, address, and telephone number of the property owner and the
current address for which the request is being made.
3. The current actual use of the property.
4. A description of the nature of the disability.
5. The Zoning Code provision, regulation, or policy from which the reasonable
accommodation is being requested, or the physical structure which the requested
reasonable modification would alter.
6. The specific accommodation or modification being requested, and the
connection between the disability and requested accommodation or modification.
B. Concurrent Processing. If a request for a reasonable accommodation or
reasonable modification is being submitted in conjunction with an application for another
approval, permit, or entitlement under this Ordinance, it shall be acted upon prior to the
associated application.
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9.49.040 Review Authority
A request for a reasonable accommodation or reasonable modification shall be reviewed
and a determination shall be made by the Director in accordance with the procedures set
forth in Section 9.49.050, Procedures, and subject to the findings set forth in Section
9.49.060, Findings and Determination.
9.49.050 Review Procedures
A. Upon receipt of a request for a reasonable accommodation or reasonable
modification, the Director shall promptly review the request and shall either:
1. Issue a written decision to approve the request in accordance with Section
9.49.060(A) based on the findings set forth in Section 9.49.060(B): or
2. Initiate the interactive process as defined by Section 9.52.020.1145, in
writing, in accordance with the processes set forth in paragraphs B and C, below.
The Director shall make a determination to either approve a request or initiate the
interactive process within a reasonable amount of time, not to exceed 45 days, following
the submittal of a request, unless the request is more time-sensitive, in which case the
Director shall review the request as soon as possible.
B. The Director shall promptly initiate the interactive process if the Director
determines that the request lacks information necessary for the Director to determine
either of the following:
1. Whether the person on whose behalf the request is made is disabled, or
2. The connection between the disability and requested accommodation or
modification.
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The Director shall promptly contact the requestor to obtain further information necessary
to process the request. The Director shall promptly review any further information
provided by the person making the request. If, upon review of the further information from
the person making the request, the Director determines that all of the criteria set forth in
subsection (B) are established, the Director shall grant the request.
C. The Director shall promptly initiate the interactive process if the Director
determines any of the following:
1. The requested accommodation or modification would pose an undue
financial or administrative burden on the City;
2. The requested accommodation or modification would constitute a
fundamental alteration of the City’s land use and zoning or building program; or
3. The requested accommodation or modification would pose a direct threat
to the health or safety of another or cause substantial physical damage to the property of
another.
The Director shall promptly contact the person making the request and enter into the
interactive process. If, after entering into the interactive process, the Director determines
that that another accommodation or modification would be equally effective, and all of the
criteria set forth in Section 9.49.050(B) are established, the Director shall grant the
request with the alternative accommodation or modification.
D. The Director may deny a request for a reasonable accommodation or reasonable
modification if:
1. The Director first initiates and engages in the interactive process; and
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2. Determines that one or more of the findings set forth in 9.49.060(C) are
established.
9.49.060 Findings and Decision
A. Written Decision. The Director shall issue a written decision approving or denying
the request for a reasonable accommodation or modification, which shall include the
Director’s findings pursuant to paragraphs B and C, below, and any other relevant
information upon which the decision is based.
B. Findings for Approval of a Request for a Reasonable Accommodation or
Modification. The Director shall grant the reasonable accommodation or reasonable
modification request if the Director finds all of the following are established:
1. The housing or other property which is the subject of the request for
reasonable accommodation or reasonable modification will be used by an individual with
a disability;
2. The accommodation or modification is necessary to afford an individual with
a disability an equal opportunity to use and enjoy a dwelling;
3. The accommodation or modification would not impose an undue financial
and administrative burden on the City;
4. The accommodation or modification would not require a fundamental
alteration in the nature of the City’s land use and zoning or building program; and
5. The accommodation or modification would not pose a direct threat to the
health or safety of another or cause substantial physical damage to the property of
another.
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C. Findings for Denial of a Request for a Reasonable Accommodation or Modification.
The Director may deny a reasonable accommodation or reasonable modification request
if the Director finds any of the following:
1. The person on whose behalf the request is made is not disabled;
2. The accommodation or modification is not necessary to afford an individual
with a disability an equal opportunity to use and enjoy a dwelling;
3. The accommodation or modification would impose an undue financial or
administrative burden on the City and the Director and person making the request were
not able to identify another accommodation that would be equally effective at providing
the disabled person equal opportunity to use and enjoy a dwelling;
4. The accommodation or modification would require a fundamental alteration
in the nature of the City’s land use and zoning or building program, and the Director and
person making the request were not able to identify another accommodation that would
be equally effective at providing the disabled person equal opportunity to use and enjoy
a dwelling;
5. The accommodation or modification would pose a direct threat to the health
or safety of another or cause substantial physical damage to the property of another, and
the Director and person making the request were not able to identify another
accommodation that would be equally effective at providing the disabled person equal
opportunity to use and enjoy a dwelling; or
6. The person making the request failed to engage in good faith in the
interactive process initiated by the Director pursuant to Section 9.49.050 (B) or (C).
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9.49.070 Duration of Reasonable Accommodation
A. If the person(s) for whom the accommodation or modification is granted no longer
resides on the parcel or is no longer in need of the accommodation or modification, any
physical modification made pursuant to the approved request shall be removed within 60
days unless the Director first determines that:
1. The modification is physically integrated into the residential structure and
cannot easily be removed or altered to comply with this Zoning Ordinance; or
2. The modification is necessary to afford another individual with a disability
equal opportunity to use the dwelling.
C. The Director may request the applicant or the successor(s)-in-interest to the
property to verify that the modification is necessary to afford a subsequent occupants
equal opportunity to use and enjoy a dwelling. Failure to provide the documentation within
30 days following the date of a request by the Director shall constitute grounds for
discontinuance by the City of a previously-approved reasonable accommodation or
modification. Any person may request the same or any other reasonable accommodation
or reasonable modification at any time.
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DIVISION 5 GENERAL TERMS
Chapter 9.51, Use Classifications
Chapter 9.52, Terms and Definitions
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Chapter 9.51 USE CLASSIFICATIONS
9.51.020 Residential Use Classifications.
A. Residential Dwelling Types.
1. Accessory Dwelling Unit. 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 multiple-unit
dwelling. See Division 3, Section 9.31.025, Accessory Dwelling Units and Junior
Accessory Dwelling Units, for further details.
2. Junior Accessory Dwelling Unit. 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. See Division 3, Section 9.31.025, Accessory Dwelling Units and Junior
Accessory Dwelling Units, for further details.
3. Multiple-Unit Dwelling. Two or more dwelling units within a single building
or within 2 or more buildings on a site or parcel. Types of multiple-unit dwellings include
garden apartments, senior housing developments, and multi-story apartment and
condominium buildings.
a. Duplex. A single building that contains 2 dwelling units or 2 single
unit dwellings on a single parcel. This use is distinguished from accessory dwelling
units and junior accessory dwelling units, which are accessory residential units as
defined by State law and Division 3, Section 9.31.025, Accessory Dwelling Units
and Junior Accessory Dwelling Units.
b. Senior Citizen Multiple-Unit Dwelling. A multiple-unit development
in which occupancy of individual units is restricted to one or more persons 62 years
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of age or older, or a person at least 55 years of age who meets the qualifications
found in Civil Code Section 51.3.
4. Single-Unit Dwelling. A dwelling unit that is designed for occupancy by
one household, located on a single parcel that does not contain any other dwelling unit
(except an accessory dwelling unit, where permitted), and not attached to another
dwelling unit on an abutting parcel. This classification includes individual manufactured
housing units installed on a foundation system pursuant to Section 18551 of the California
Health and Safety Code. This classification shall also include group homes that operate
as single-unit dwellings that do not provide licensable services even if more than six
residents.
B. Housing Types for Specific Needs
1. Congregate Housing. A residential facility with shared kitchen facilities,
deed-restricted or restricted by an agreement approved by the City for occupancy by low-
or moderate-income households, designed for occupancy for periods of 6 months or
longer, providing services that may include, but not limited to, meals, housekeeping, and
personal care assistance, as well as common areas for residents of the facility. See
Division 3, Section 9.31.110, Congregate Housing, for further details.
2. Corporate Housing. Rental housing which has all the following attributes:
a. The housing is designed for use by individuals who will reside on the
property for a minimum stay of at least 30 consecutive days, but who otherwise
intend their occupancy to be temporary.
b. The housing is intended for use by persons who will maintain or
obtain a permanent place of residence elsewhere.
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c. The housing includes 2 or more of the following amenities:
i. Maid and linen service.
ii. Health club, spa, pool, tennis courts, or memberships to area
facilities.
iii. Business service centers.
iv. Meeting rooms.
v. Fully furnished units including a combination of some but not
necessarily all of the following: furniture, appliances, housewares, bed
linens, towels, artwork, televisions, entertainment systems, and computer
equipment.
vi. Valet parking.
3. Elderly and Long-Term Care. Establishments that provide 24-hour
medical, convalescent or chronic care to individuals who, by reason of advanced age,
chronic illness or infirmity, are unable to care for themselves, and is licensed as a skilled
nursing facility by the State of California, including, but not limited to, rest homes, nursing
homes, and convalescent hospitals, but not residential care, hospitals or clinics.
4. Emergency Shelter. Housing with minimal supportive services for
individuals experiencing homelessness where occupancy is limited to 6 months or less,
as defined in subdivision (e) of Section 50801 of the California Health and Safety Code.
See Division 3, Section 9.31.130, Emergency Shelters, for further details.
5. Employee Housing. Housing which has qualified, or is intended to qualify,
for a permit to operate pursuant to the Employee Housing Act, California Health and
Safety Code 17000 et seq., that provides accommodations for six or fewer employees
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and meets the definition of Employee Housing as defined by California Health and Safety
Code 17008. Pursuant to Section 17021.5 of the California Health and Safety Code, for
purposes of this Ordinance, employee housing shall be considered a single-unit dwelling.
6. Family Day Care. A day-care facility licensed by the State of California that
is located in a dwelling unit where a resident of the dwelling provides care and supervision
for children under the age of 18 for periods of less than 24 hours a day.
a. Large. A facility that provides care for up to 12 children, including
children who reside at the home and are under the age of 10, or up to 14 children
in accordance with Health and Safety Code Section 1597.465, or any successor
thereto. See Division 3, Section 9.31.140, Family Day Care, Large, for further
details.
b. Small. A facility that provides care for up to 6 children including
children who reside at the home and are under the age of 10, or up to 8 children
in accordance with Health and Safety Code Section 1597.44, or any successor
thereto.
7. Group Residential. Shared living quarters without a separate kitchen or
bathroom facilities wherein 2 or more rooms are offered for rent for permanent or semi-
transient residents for periods generally of at least 30 days. This classification includes
rooming and boarding houses, dormitories, fraternities, convents, monasteries,
farmworker housing, and other types of organizational housing, and private residential
clubs, but excludes extended stay hotels intended for long-term occupancy (30 days or
more; see Hotel and Motel), and residential facilities. See Division 3, Section 9.31.155,
Group Residential, for further details.
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a. Senior Group Residential. A residential facility that provides
residence for a group of residents 60 years of age or older with a central kitchen
and dining facilities and a separate bedroom or private living quarters. See Division
3, Section 9.31.155, Group Residential, for further details.
8. Low Barrier Navigation Centers. A housing first, low-barrier, service-
enriched shelter focused on moving people into permanent housing that provided
temporary living facilities while case managers connect individuals experiencing
homelessness to income, public benefits, health services shelter, and housing, as defined
in Section 65660 of the California Government Code. See Division 3, Section 9.31.175,
Low Barrier Navigation Centers, for further details.
9. Mobile Home Park. Any area or tract of land where 2 or more lots are
rented, leased, or held out for rent or lease, or were formerly held out for rent or lease
and later converted to a subdivision, cooperative, condominium, or other form of resident
ownership, to accommodate manufactured home, mobile homes, or recreational vehicles
used for human habitation in accordance with Health and Safety Code Section 18214, or
any successor thereto.
10. Residential Facility. Facilities that provide permanent living
accommodations and 24-hour primarily non-medical care and supervision for persons in
need of personal services, supervision, protection, or assistance for sustaining the
activities of daily living. Living accommodations are shared living quarters with or without
separate kitchen or bathroom facilities for each room or unit. This classification includes
facilities that are operated for profit as well as those operated by public or not-for-profit
institutions, including group homes for minors, persons with disabilities, people in
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recovery from alcohol or drug addictions, and hospice facilities. See Division 3, Section
9.31.270, Residential Care Facilities, for further details.
a. Residential Care, General. A residential facility licensed by the
State of California and providing care for more than 6 persons.
b. Residential Care, Limited. A residential facility licensed by the State
of California providing care for 6 or fewer persons.
c. Residential Care, Seniors. A housing arrangement chosen
voluntarily by persons 60 years of age or over, or their authorized representative,
where varying levels of care and supervision are provided, based upon their
varying needs, as agreed to at the time of admission or determined necessary at
subsequent times of reappraisal. This classification includes residential care
facilities for the elderly, as defined by Health and Safety Code Section 1569.2, and
continuing care retirement communities and life care communities licensed for
residential care by the State of California.
d. Hospice, General. A facility that provides residential living quarters
for more than 6 terminally ill persons.
e. Hospice, Limited. A facility that provides residential living quarters
for up to 6 terminally ill persons.
11. Single-Room Occupancy Housing. Multiple-unit residential buildings
containing housing units that may have kitchen and/or bathroom facilities and are guest
rooms or efficiency units as defined by the State Health and Safety Code. Each housing
unit is occupied by no more than 2 persons and is offered on a monthly rental basis or
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longer. See Division 3, Section 9.31.330, Single Room Occupancy Structures, for further
details.
a. Single-Room Occupancy Housing, Market-Rate. Multiple-unit
residential buildings containing housing units that may have kitchen and/or
bathroom facilities and are guest rooms or efficiency units as defined by the State
Health and Safety Code. Each housing unit is occupied by no more than 2 persons
and is offered on a monthly rental basis or longer. Single-room occupancy housing,
market-rate shall not include any of the following:
i. 100% affordable housing project, as set forth in Section
9.52.020.0050;
ii. Elderly and long-term care, as set forth in subsection (A)(3);
iii. Emergency shelter, as set forth in subsection (A)(4);
iv. Residential facility, as set forth in subsection (A)(7);
v. Supportive housing, as set forth in subsection (A)(8); or
vi. Transitional housing, as set forth in subsection (A)(9).
12. Supportive Housing. Housing which meets the definition of Health and
Safety Code Section 50675.2(h) with no limit on length of stay that are occupied by the
target population as defined in subdivision (b)(2) of Section 50675.14 of the California
Health and Safety Code, and that are linked to on-site or off-site services that assist
supportive housing residents in retaining the housing, improving their health status, and
maximizing their ability to live, and where possible, work in the community. Supportive
housing may be provided in a multiple-unit structure or group residential facility. Facilities
may operate as licensed or unlicensed facilities subject to applicable State requirements.
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13. Transitional Housing. Housing which meets the definition of subdivision
(i) of Section 50675.2 of the California Health and Safety Code with a limited length of
stay that are operated under a program requiring the termination of assistance and
recirculation to another program recipient at some future point in time, which shall be no
less than six months. Transitional housing may be designated for individuals experiencing
homelessness or individuals recently experiencing homelessness individuals or families
transitioning to permanent housing. Facilities may be linked to onsite or offsite supportive
services designed to help residents gain skills needed to live independently. Transitional
housing may be provided in a variety of residential housing types (e.g., multiple-unit
dwelling, single-room occupancy, group residential, single unit dwelling). This
classification includes domestic violence shelters.
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9.52.010 List of Terms
30% Income Household
50% Income Household
60% Income Household
80% Income Household
100% Affordable Housing Project
Abandoned, Abandonment
Abutting, Adjoining, or Adjacent
Access
Accessory Building
Accessory Dwelling Unit
Accessory Food Service
Accessory Structure
Accessory Use
Act of Nature
Affordable Rent
Alley
Alteration
Arcade
Area Median Income (AMI)
Artist
Attic
Awning
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Balcony
Base District
Base Height
Basement
Bathroom
Bay Window
Bedroom
Block
Buffer, Buffering
Building
Building, Accessory
Building, Principal
Building Code
Building Face
Building Envelope
Building Footprint
Building Height
Building Site
Build-To Line
California Department of Alcoholic Beverage Control (ABC)
California Environmental Quality Act (CEQA)
Canopy
Car Sharing
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Carport
Change of Use
Clerestory
City
City Council
City Engineer
City-Designated Contributing Building or Structure
City-Designated Historic Resource
City-Designated Landmark
City-Designated Structure of Merit
Commercial Boulevard
Conditionally Permitted
Construction
Corner Build-To Area
County
Courtyard
Cripple Wall
Curb Cut
Daylight Plane
Deck
Demising Wall
Demolition
Development
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Development Agreement
Director
Disability
Discretionary Permit
District
Domestic Violence Shelter
Driveway
Dwelling
Dwelling Unit
Easement
Effective Date
Emergency
Entrance
Environmental Review
Environmental Impact Report (EIR)
Erect
Excavation
Façade
Façade, Street-Facing
Feasible
Fee
Fence
Floor Area
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Floor Area Ratio
Footprint
Frontage, Street
Garage
Semi-Subterranean Garage
Subterranean Garage
Garage Sales
General Plan
Glare
Government Code
Grade
Average Natural Grade
Existing Grade
Finished Grade
Segmented Average Natural Grade
Theoretical Grade
Ground Floor
Ground Floor Street Frontage
Habitation
Hazardous Materials
Height
Historic Resource
Historic Resources Inventory
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Home Occupation
Household
Housing Project
Illegal Use
Intensity of Use
Interactive Process
Intersection, Street
Junior Accessory Dwelling Unit
Kitchen
Landscape
Automatic Controller
Backflow Prevention Device
Groundcover
Hedge
Irrigation System
Landscaping
Moisture Sensing Device
Mulch
Plant Area
Lighting
Foot-Candle
Light Fixture
Shielded Fixture
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Lightwell
Living Quarters
Loading Space
Loft
Lot
Maintenance and Repair
Major Transit Stop
Manufactured Housing
Mezzanine
Mixed-Use Development
Mobile Home Park
Natural Disaster
Nonconforming Building
Nonconforming Structure
Nonconforming Use
Open Space
Open Space, Common
Open Space, Private
Open Space, Usable
Outdoor Sales, Temporary and Seasonal
Outdoor Storage
Overlay District
Parapet
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Parcel
Parcel, Corner
Parcel, Flag
Parcel, Key
Parcel, Reversed Corner
Parcel, Through
Parcel Area
Parcel Depth
Parcel Frontage
Parcel Line
Parcel Line, Front
Parcel Line, Rear
Parcel Line, Side
Parcel Width
Parking Facility
Accessory Parking
Long-Term Parking
Parking, Bicycle
Long-Term Bicycle Parking
Short-Term Bicycle Parking
Parking Space, Off-Street
Accessible Parking
Car Share Parking
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Independently-Accessible Parking
Shared Parking
Stacked Parking
Tandem Parking
Unbundled Parking
Valet Parking
Parking Structure
Semi-Subterranean
Subterranean
Patio
Paving
Permit
Permitted Use
Person
Person with a Disability
Planning Commission
Plaza
Podium
Port Cochere
Pre-Existing
Primary Use
Private Tennis Court
Project
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Public Land
Public Resources Code
Qualified Applicant
Ramp
Reasonable Accommodation
Reasonable Modification
Residential Use
Review Authority
Right-of-Way
Roof
Barrel Roof
Gambrel Roof
Hip Roof
Mansard Roof
Pitched Roof
Shed Roof
Roof Deck
Screening
Security Grate or Grilles
Senior Citizen
Setback
Setback, Front
Setback, Rear
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Setback, Side
Setback, Street Side
Sexually-Oriented Business
Shrub
Sidewalk
Sidewalk Café
Sign-Related Definitions
Site
Skylight
Solar Energy System
State Historical Building Code
Story
Street
Street Tree
Street Wall
Structural Alterations
Structure
Structure, Accessory
Structure, Main
Structure, Subterranean
Structure, Temporary
Subdivision
Swimming Pool
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Temporary Structure
Third Street Promenade Area
Tower
Trailer
Trash Screen/Enclosure
Unit
Use
Use, Accessory
Use, Primary
Use Classification
Use Permit
Use Type
Utilities
Vibration
View Corridor
Wall
Window
Primary Room Window
Secondary Room Window
Yard
Zoning Administrator
Zoning District
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9.52.020 Definitions
The following words or phrases as used in this Article shall have the following meanings:
9.52.020.0010 30% Income Household. A household whose gross income does
not exceed the 30% income limits applicable to the Los Angeles-Long
Beach Primary Metropolitan Statistical Area, adjusted for household size,
as published and periodically updated by HUD.
9.52.020.0020 50% Income Household. A household whose gross income does
not exceed 50% of the area median income, adjusted for household size,
as published and periodically updated by HUD. 50% income households
include 30% income households.
9.52.020.0030 60% Income Household. A household whose gross income does
not exceed 60% of the area median income, adjusted for household size,
as published and periodically updated by HUD. 60% income households
include 50% income households.
9.52.020.0040 80% Income Household. A household whose gross income does
not exceed 80% of the area median income, adjusted for household size,
as published and periodically updated by HUD. 80% income households
include 60% income households.
9.52.020.0050 100% Affordable Housing Project. Housing projects with a
minimum of 25% of the units deed restricted or restricted by an agreement
approved by the City for occupancy by 60% Income Households or less and
the remainder of the housing units are deed restricted or restricted by an
agreement approved by the City for occupancy by 80% Income Households
or less. Such projects may include nonresidential uses not to exceed 33%
of the project’s total floor area.
9.52.020.0060 Abandoned, Abandonment. When, for a continuous period of one
year or more, a nonconforming building, parcel, or use ceases. Resumption
of a use after abandonment is a change of use. See Division 3, Section
9.27.050(B), Nonconforming Uses, Structures, and Parcels, for additional
regulations.
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9.52.020.0070 Abutting, Adjoining, or Adjacent. Having a common property line
or district line or separated only by an alley, path, private street, or
easement.
9.52.020.0080 Access. The place, or way through which pedestrians and/or
vehicles shall have safe, adequate and usable ingress and egress to a
property or use as required by this Article.
9.52.020.0090 Accessory Building. See Building, Accessory.
9.52.020.0095 Accessory Dwelling Unit. 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. See Division 3, Section 9.31.025,
Accessory Dwelling Units and Junior Accessory Dwelling Units, for further
details.
9.52.020.0100 Accessory Food Service. Establishments where food is located on
the same parcel as or within a primary permitted use and is clearly incidental
to the primary permitted use that is not an eating and drinking
establishment. Food service that is more extensive than these provisions
will cause this use to be considered an eating and drinking establishment
subject to all of the applicable regulations. See Division 3, Section 9.31.030,
Accessory Food Service, for further details.
9.52.020.0110 Accessory Structure. See Structure, Accessory.
9.52.020.0120 Accessory Use. See Use, Accessory.
9.52.020.0130 Act of Nature. A natural occurrence such as an earthquake, flood,
tidal wave, hurricane, superstorm, meteor, or tornado which causes
substantial damage to buildings or property.
9.52.020.0135 Affordable Rent. Affordable rent shall mean the following:
A. For 30% income households, the product of 30% times 30% of the area
median income adjusted for household size appropriate for the unit.
B. For 50% income households, the product of 30% times 50% of the area
median income adjusted for household size appropriate for the unit.
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C. For 80% income households whose gross incomes exceed the
maximum incomes for 50% income households, the product of 30%
times 60% of the area median income adjusted for household size
appropriate for the unit.
D. For moderate income households, the product of 30% times 110% of
the area median income adjusted for household size appropriate for
the unit.
For purposes herein, affordable rent shall be adjusted as necessary to be
consistent with pertinent Federal or State statutes and regulations
governing Federal or State assisted housing.
9.52.020.0140 Alley. A public way permanently reserved for access to the rear or
side of properties otherwise abutting on a street.
9.52.020.0150 Alteration. Any change, addition or modification that changes the
exterior architectural appearance or materials of a structure or object.
Alteration includes changes in exterior surfaces, changes in materials,
additions, remodels, demolitions, and relocation of buildings or structures,
but excludes ordinary maintenance and repairs.
9.52.020.0160 Arcade. A public passageway or colonnade open along at least one
side, except for structural supports, usually covered by a canopy or
permanent roofing.
9.52.020.0165 Area Median Income (AMI). The median family income published
from time to time by HUD for the Los Angeles-Long Beach Metropolitan
Statistical Area.
9.52.020.0170 Artist. An individual who is recognized by critics and peers; has
verifiable training, credentials, and/or reputation in the field; and works in
one or more of the following areas:
A. A person who works in or is skilled in any of the fine arts, including, but
not limited to, painting, drawing, sculpture, book arts, and print making;
B. A person who creates imaginative works of aesthetic value, including,
but not limited to, literature, poetry, play writing, film, video, digital
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media works, literature, costume design, photography, architecture,
music composition, and conceptual art;
C. A person who creates functional art, including, but not limited to,
jewelry, rugs, decorative screens and grates, furniture, pottery, toys,
and quilts;
D. A performer, including, but not limited to, singers, musicians, dancers,
actors, and performance artists.
9.52.020.0180 Attic. The area less than 7 feet in height, located above the ceiling
of the top story and below the roof that is not usable as habitable or
commercial space and is not accessible via a permanent access structure.
An attic shall not be considered a story. City-designated landmarks may
adapt attics to be habitable so long as they are within the historic building
envelope and result in no change to the roofline. Such an adoption will also
not be considered a story.
9.52.020.0190 Awning. An architectural projection that provides weather
protection, identity or decoration and is wholly supported by the building to
which it is attached. An awning is typically constructed of non-rigid materials
on a supporting framework which projects from and is supported by the
exterior wall of a building.
9.52.020.0200 Balcony. A platform that projects from the wall of a building 30
inches or more above grade that is accessible from the building’s interior, is
not accessible from the ground and is not enclosed by walls on more than
2 sides. See also Deck.
9.52.020.0210 Base District. See Zoning District.
9.52.020.0220 Base Height. The maximum height to which a building or structure
may be built by right pursuant to the Land Use and Circulation Element
(LUCE) of the General Plan. This is also called the Tier 1 height.
9.52.020.0230 Basement. The level(s) of a structure located below Average Natural
Grade, Segmented Average Natural Grade, or Theoretical Grade, in which
no portion of the level directly below Average Natural Grade, Segmented
Average Natural Grade, or Theoretical Grade projects more than 3 feet
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above Average Natural Grade, Segmented Average Natural Grade, or
Theoretical Grade. Up to 4 wall surfaces of the level directly below Average
Natural Grade, Segmented Average Natural Grade, or Theoretical Grade
may be exposed above Finished Grade, so long as this exposure does not
exceed 40% of each of these wall surface areas. Each wall surface area is
calculated by multiplying the height by the length of the wall. In addition, the
visible wall surface height of these walls shall not exceed 3 feet above
Finished Grade, except for an entrance to a garage, which must be
designed to the minimum feasible width and not exceed the maximum size
requirements set forth in Chapter 9.28, or for any light well or emergency
egress as required by the Building Code. A basement shall not be
considered a story.
9.52.020.0240 Bathroom. A room containing a sink, a toilet, and a shower and/or
bathtub.
9.52.020.0250 Bay Window. An angular or curved window that projects from the
building surface.
9.52.020.0260 Bedroom. Any habitable space in a dwelling unit or accessory
structure other than a kitchen or living room that is intended for or capable
of being used for sleeping, is at least 70 square feet in area, is separated
from other rooms by a door, and is accessible to a bathroom without
crossing another bedroom.
9.52.020.0270 Block. Property bounded on all sides by a public right-of-way.
9.52.020.0280 Building. Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any individual, animal,
process, equipment, goods or materials.
9.52.020.0290 Building, Accessory. A detached building located on the same
parcel as the principal building, which is incidental and subordinate to
the principal building in terms of both size and use. A building will be
considered part of the principal building if located less than 6 feet from
the principal building or if connected to it by fully enclosed space.
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9.52.020.0300 Building, Principal. A building in which the principal use of the
parcel on which it is located is conducted.
9.52.020.0310 Building Code. Any ordinance of the City governing the type and
method of construction of buildings, signs, and sign structures and any
amendments thereto and any substitute therefor, including, but not limited
to, the California Building Code, the State Historic Building Code, other
state-adopted uniform codes and the Minimum Building Security Standards
Ordinance.
9.52.020.0320 Building Face. The general outer surface of the structure or walls of
a building. Where bay windows or pillars project beyond the walls, the outer
surface of the windows or pillars shall be considered to be the face of the
building.
9.52.020.0330 Building Envelope. The aggregate of building mass and building
bulk permitted on a parcel which is defined by height regulations, setbacks
and other property development standards.
9.52.020.0340 Building Footprint. See Footprint.
9.52.020.0350 Building Height. See Height.
9.52.020.0360 Building Site. A parcel or parcels of land occupied or to be occupied,
by a main building and accessory buildings together with such open spaces
as are required by the terms of this title and having its principal frontage on
a street, road, highway, or waterway.
9.52.020.0370 Build-To Line. A line parallel to the parcel line where the façade of
the building is required to be located.
9.52.020.0380 Buffer, Buffering. An area on a parcel which is designed to separate
structures and uses from the general public and/or adjacent properties to
reduce negative impacts. It may include landscaping, fences, and walls.
9.52.020.0390 California Department of Alcoholic Beverage Control (ABC). The
California State agency that regulates the permitting of alcohol beverage
sales, including the sale of beer, wine, and distilled spirits.
9.52.020.0400 California Environmental Quality Act (CEQA). Public Resources
Code Section 21000 et seq., or any successor statute and associated
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guidelines (California Code of Regulations Section 15000 et seq.) that
require public agencies to document and consider the environmental effects
of a proposed action before a decision.
9.52.020.0410 Canopy. A roofed shelter projecting over a sidewalk, driveway, entry,
window, or similar area that may be wholly supported by a building or may
be wholly or partially supported by columns, poles, or braces extending from
the ground.
9.52.020.0420 Car Sharing. A formal or informal membership organization that
owns a variety of motor vehicles that are parked in a number of different
areas. Members use the motor vehicles under the terms of their
membership.
9.52.020.0430 Carport. A permanently roofed structure providing space for parking
or temporary storage of vehicles. It may or may not include sides, but will
be considered a garage if all 4 sides are enclosed.
9.52.020.0440 Change of Use. A discontinuance of an existing use and the
substitution therefor of a use such that the new use represents a different
use group (as defined in Chapter 9.51, Use Classifications) or is otherwise
differently regulated by the zoning ordinance compared to the prior use. A
change of ownership alone does not constitute a change of use.
Resumption of a use after abandonment is a change of use.
9.52.020.0450 Clerestory. A window or row of windows which typically run
horizontally and are located at the upper portion of a wall to allow additional
light and air into a room. A clerestory is not a skylight.
9.52.020.0460 City. The City of Santa Monica.
9.52.020.0470 City Council. The City Council of the City of Santa Monica.
9.52.020.0480 City Engineer. The City Engineer of the City of Santa Monica.
9.52.020.0490 City-Designated Contributing Building or Structure. A building or
structure designated by the City as contributing to the designation of an area
as a historic district pursuant to Section 9.56.130.
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9.52.020.0500 City-Designated Historic Resource. Any existing property or
structure that is designated by the City as a Landmark, Structure of Merit,
or a Contributor to a Designated Historic District.
9.52.020.0510 City-Designated Landmark. An improvement designated by the
City as appropriate for historic preservation pursuant to Section 9.56.120.
9.52.020.0520 City-Designated Structure of Merit. An improvement designated
by the City as appropriate for official recognition pursuant to Section
9.56.090.
9.52.020.0530 Commercial Boulevard. Commercial boulevards shall include the
following:
A. Wilshire Boulevard between the eastern city limits and Ocean
Avenue;
B. Santa Monica Boulevard between the eastern city limits and Lincoln
Boulevard;
C. Broadway between the eastern city limits and Lincoln Boulevard;
D. Colorado Avenue between the eastern city limits and Lincoln
Boulevard;
E. Olympic Boulevard between the eastern city limits and Lincoln
Boulevard;
F. Ocean Park Boulevard between the eastern city limits and Lincoln
Boulevard;
G. Pico Boulevard between the eastern city limits and Main Street; and
H. Lincoln Boulevard between the southern city limits and Wilshire
Boulevard.
9.52.020.0540 Conditionally Permitted. Permitted subject to approval of a
Conditional Use Permit or Minor Use Permit.
9.52.020.0550 Construction. Construction, erection, enlargement, alteration,
conversion or movement of any building, structures, or land together with
any scientific surveys associated therewith.
9.52.020.0560 Corner Build-To Area. Area of a corner parcel where the façade of
the building is required to be located.
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9.52.020.0565 County. County of Los Angeles.
9.52.020.0570 Courtyard. An unroofed area that is completely or mostly enclosed
by walls of a building.
9.52.020.0580 Cripple Wall. The short wood stud walls that enclose a crawl space
under the first floor used to support a dwelling between the concrete
foundation and the ground floor of a building. It elevates the dwelling above
ground to allow access to the utility lines or to level a dwelling built on a
slope.
9.52.020.0590 Curb Cut. A break in a curb allowing vehicle access from the
roadway to a legal parking area within the parcel.
9.52.020.0600 Daylight Plane. A setback or series of setbacks on new buildings
which allows the flow of light and air to adjacent residential buildings and
properties.
9.52.020.0610 Deck. A platform, either freestanding or attached to a building that is
used for outdoor space. It typically extends from the façade of a building
and is supported by pillars or posts but may be located on a flat portion of
a building, such as a roof or setback. It is distinct from a patio. See also
Balcony.
9.52.020.0620 Demising Wall. A partition wall that separates one tenant or owner’s
space from another or from the building hallway or other common area.
9.52.020.0630 Demolition. The destruction, dismantling, or removal of a building or
structure or substantial portion of a building or structure so that it constitutes
demolition pursuant to the provisions of Section 9.25.030, Demolition
Defined.
9.52.020.0640 Development. Any manmade change to improved or unimproved
real estate, including, but not limited to, the division of a parcel of land into
2 or more parcels; the construction, reconstruction, conversion, structural
alteration, relocation, expansion, or enlargement of any structure; any
mining, excavation, landfill or land disturbance; and any use or extension of
the use of land.
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9.52.020.0650 Development Agreement. An agreement between the City and any
person having a legal or equitable interest in real property for the
development of such property and which complies with the applicable
provisions of the Government Code Section 65864 et seq., and local law for
such development agreements pursuant to Chapter 9.60, Development
Agreements.
9.52.020.0660 Director. The Director of Planning and Community Development of
the City of Santa Monica or designee.
9.52.020.0670 Disability. A mental disability or a physical disability as defined by
Government Code Sections 12926(j) and (m).
9.52.020.0680 Discretionary Permit. A Development Review Permit, Major
Modification, Variance, Minor Use Permit, or Conditional Use Permit, or any
other appealable permit that requires findings to be made.
9.52.020.0690 District. See Zoning District.
9.52.020.0700 Domestic Violence Shelter. A residential facility that provides
temporary accommodations to persons or families who have been the
victims of domestic violence. Such a facility may also provide meals,
counseling, and other services, as well as common areas for the residents
of the facility.
9.52.020.0710 Driveway. An accessway that provides vehicular access between a
street and the parking or loading facilities located on an adjacent property.
9.52.020.0720 Dwelling. A structure or portion thereof that is used principally for
residential occupancy.
9.52.020.0730 Dwelling Unit. One or more rooms designed, occupied or intended
for occupancy as separate living quarters, with full cooking, sleeping and
bathroom facilities for the exclusive use of a single household. A dwelling
unit shall exceed 375 square feet in size.
9.52.020.0740 Easement. A portion of land created by grant or agreement for
specific purpose; an easement is the right, privilege, or interest which one
party has in the land of another.
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9.52.020.0750 Effective Date. The date on which a permit or other approval
becomes enforceable or otherwise takes effect, rather than the date it was
signed or circulated.
9.52.020.0760 Emergency. A sudden unexpected occurrence demanding
immediate action to prevent or mitigate loss or damage to life, health,
property or essential public services.
9.52.020.0770 Entrance. An opening, such as a door, passage, or gate, that allows
access to a place.
9.52.020.0780 Environmental Review. An evaluation process pursuant to CEQA
to determine whether a proposed project may have a significant impact on
the environment.
9.52.020.0790 Environmental Impact Report (EIR). An Environmental Impact
Report as required under the California Environmental Quality Act.
9.52.020.0800 Erect. To build, construct, attach, hang, place, suspend, or affix to or
upon any surface.
9.52.020.0810 Excavation. The removal of soils or other materials below grade to
install habitable space, parking, utilities, or landscaping.
9.52.020.0820 Façade. The face of the exterior wall of a building exposed to public
view or that wall viewed by persons not within the building. The portion of
any exterior elevation of a building extending vertically from the grade to the
top of a parapet wall or eave and horizontally across the entire width of the
building elevation.
9.52.020.0830 Façade, Street-Facing. Any building façade whose exterior wall
faces or is within 45 degrees of parallel to an adjacent street, right-of-way,
or public park, plaza, or open space.
9.52.020.0840 Feasible. Capable of being accomplished in a successful manner
within a reasonable period of time, taking into account economic,
environmental, social and technological factors.
9.52.020.0850 Fee. A payment to the City for the processing of a permit or license
application by a City Agency or Department.
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9.52.020.0860 Fence. An artificially-constructed barrier of any material or
combination of materials erected to enclose or screen an area of land.
Fences may also be walls, hedges and screen planting.
9.52.020.0870 Floor Area. See Division 1, Section 9.04.080, Determining Floor
Area, for rules for calculating floor area.
9.52.020.0880 Floor Area Ratio. The ratio of the total floor area of all buildings on
a parcel to the total area of the parcel. See Division 1, Section 9.04.090,
Determining Floor Area Ratio, for rules for calculating floor area ratio.
9.52.020.0890 Footprint. The horizontal area, as seen in plan view, of a building or
structure, measured from the outside of exterior walls and supporting
columns, and excluding eaves and subterranean and semi-subterranean
levels.
9.52.020.0900 Frontage, Street. That portion of a parcel that borders a public
street. “Street frontage” shall be measured along the common parcel line
separating said parcel or parcel of land from the public street, highway, or
parkway.
9.52.020.0910 Garage. A building or portion thereof, containing accessible and
usable enclosed space designed, constructed and maintained for the
parking or storage of one or more motor vehicles.
9.52.020.0920 Semi-Subterranean Garage. A structure located partly
underground used for parking and storage of vehicles.
9.52.020.0930 Subterranean Garage. A structure entirely underground, except
for openings for ingress and egress.
9.52.020.0940 Garage Sales. The sale or offering for sale to the general public of
over 5 items of personal property on a portion of a parcel in a residentially
zoned district, whether inside or outside any building.
9.52.020.0950 General Plan. The City of Santa Monica General Plan.
9.52.020.0960 Glare. The effect produced by a light source within the visual field
that is sufficiently brighter than the level to which the eyes are adapted, such
as to cause annoyance, discomfort or loss of visual performance and ability.
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9.52.020.0970 Government Code. The Government Code of the State of
California.
9.52.020.0980 Grade. The location of the ground surface.
9.52.020.0990 Average Natural Grade. See Division 1, Section 9.04.050(A)(1).
9.52.020.1000 Existing Grade. The elevation of the ground at any point on a
parcel as shown on the required survey submitted in conjunction with an
application for a building permit or grading permit. Existing grade also
may be referred to as natural grade.
9.52.020.1010 Finished Grade. The finished surface of the ground, paving, lawn,
or other improved surface between the building and the parcel line.
9.52.020.1020 Segmented Average Natural Grade. See Division 1, Section
9.04.050(A)(2).
9.52.020.1030 Theoretical Grade. See Division 1, Section 9.04.050(A)(3).
9.52.020.1040 Ground Floor. The lowest floor of a building other than a basement
that is closest to finished grade.
9.52.020.1050 Ground Floor Street Frontage. The first level of a building, other
than a basement, that borders a public street.
9.52.020.1060 Habitation. Regular and exclusive use of a space or structure for
shelter and other residential purposes in a manner that is private and
separate from another residence on the same parcel.
9.52.020.1070 Hazardous Materials. Any material, including any substance,
waste, or combination thereof, which because of its quantity, concentration,
or physical, chemical, or infectious characteristics may cause, or
significantly contribute to, a substantial present or potential hazard to
human health, safety, property, or the environment when improperly
treated, stored, transported, disposed of, or otherwise managed.
9.52.020.1080 Height. The vertical distance from a point on the ground below a
structure to a point directly above. See also Division 1, Section 9.04.050,
Measuring Height.
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9.52.020.1090 Historic Resource. Any existing property or structure that is
designated as a City Landmark, Structure of Merit, or a Contributor to a
Designated Historic District, or is listed on either the California Register of
Historical Resources or the National Register of Historic Places.
9.52.020.1100 Historic Resources Inventory (HRI). A database containing
building descriptions and evaluations of properties that exhibit potential
historic, architectural, or cultural significance in Santa Monica. Each
property listed on the HRI has been evaluated by professionals using
nationwide standards and criteria. The HRI is used to identify properties of
potential historic significance, and properties on the HRI are eligible to apply
the State Historical Building Code.
9.52.020.1110 Home Occupation. A commercial use conducted on residential
property by the inhabitants of the subject residence, which is incidental and
secondary to the residential use of the dwelling. See Section 9.31.160,
Home Occupation.
9.52.020.1120 Household. One or more persons living together in a single dwelling
unit, with access to and use of all common living and eating areas and all
common areas and facilities for the preparation and storage of food.
9.52.020.1125 Housing Project. A use consisting of any of the following:
A. Residential units only;
B. Mixed-use developments consisting of residential and nonresidential
uses in which nonresidential uses do not exceed 33% of the total
building square footage and are limited to the first two floors of
buildings that are two or more stories.
C. Transitional or supportive housing.
9.52.020.1130 Illegal Use. Any use of land or building that does not have the
currently required permits and was originally constructed and/or established
without permits or approvals required for the use at the time it was brought
into existence.
9.52.020.1140 Intensity of Use. The extent to which a particular use or the use in
combination with other uses affects the natural and built environment in
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which it is located, the demand for services, and persons who live, work,
and visit the area. Measures of intensity include, but are not limited to,
requirements for water, gas, electricity, or public services; number of
automobile trips generated by a use; parking demand; number of
employees on a site; hours of operation; the amount of noise, light or glare
generated; the number of persons attracted to the site, or, in eating
establishments, the number of seats.
9.52.020.1145 Interactive Process. A good faith dialogue to exchange information
to identify, evaluate, and implement an accommodation or modification that
allows person with a disability equal opportunity to use and enjoy a dwelling.
9.52.020.1150 Intersection, Street. The area common to 2 or more intersecting
streets.
9.52.020.1155 Junior Accessory Dwelling Unit. 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. See Division 3, Section 9.31.025, Accessory
Dwelling Units and Junior Accessory Dwelling Units, for further details.
9.52.020.1160 Kitchen. A room or space within a building with appliances used for
cooking or preparing food.
9.52.020.1170 Landscape. The following terms are related to Division 3, Chapter
9.26, Landscaping.
9.52.020.1180 Automatic Controller. An automatic timing device used to
remotely control valves that operate an irrigation system.
9.52.020.1190 Backflow Prevention Device. A safety device used to prevent
pollution or contamination of the water supply due to the reverse flow of
water from the irrigation system.
9.52.020.1200 Groundcover. A low growing woody or herbaceous plant with low,
compact growth habits which normally crawls or spreads, and which
forms a solid mat or dense cover over the ground within 2 years of
installation. Mature heights of groundcover will usually range from 3
inches to 3 feet.
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9.52.020.1210 Hedge. A boundary or barrier of plant material formed by a row or
series of shrubs, bushes, trees, or other similar vegetation that enclose,
divide, or protect an area or that prevent a person from passing between
any combination of individual shrubs, bushes, trees, or other similar
vegetation.
9.52.020.1220 Irrigation System. Any system, excluding water features, for
distribution of water through a pressurized system within the landscape
area, including, but not limited to, any system in which any portion is
installed below grade or affixed to any structure.
9.52.020.1230 Landscaping. The planting, configuration and maintenance of
trees, ground cover, shrubbery and other plant material, decorative
natural and structural features (walls, fences, hedges, trellises,
fountains, sculptures), earth patterning and bedding materials, and other
similar site improvements that serve an aesthetic or functional purpose.
See Section 9.26.060.
9.52.020.1240 Moisture Sensing Device. A device that measures the amount of
water in the soil. The device may also suspend or initiate an irrigation
event.
9.52.020.1250 Mulch. Any organic material such as leaves, bark, straw, compost,
or inorganic mineral materials such as rocks, gravel, and decomposed
granite left loose and applied to the soil surface for the beneficial
purposes of reducing evaporation, suppressing weeds, moderating soil
temperature, and preventing soil erosion.
9.52.020.1260 Plant Area. The portion of a parcel that is dedicated to the
installation of landscaping.
9.52.020.1270 Lighting. The following terms are related to Section 9.21.080,
Lighting.
9.52.020.1280 Foot-Candle. A quantitative unit of measure for luminance. One
foot-candle is equal to the amount of light generated by one candle
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shining on one square foot surface located one foot away. Equal to one
lumen uniformly distributed over an area of one square foot.
9.52.020.1290 Light Fixture. The assembly that holds a lamp and may include
an assembly housing, a mounting bracket or pole socket, a lamp holder,
a ballast, a reflector or mirrors, and a refractor or lens.
9.52.020.1300 Shielded Fixture. Outdoor light fixtures shielded or constructed
so that light rays emitted by the lamp are projected below the horizontal
plane passing through the lowest point on the fixture from which light is
emitted.
9.52.020.1310 Lightwell. The portion of buildable area that is reserved as open
space for light and air, usually enclosed by building walls on the subject
property or adjacent property and extends for one or more floors.
9.52.020.1320 Living Quarters. A structure or portion thereof that is used
principally for human habitation.
9.52.020.1330 Loading Space. An off-street space or berth on the same parcel with
a building for the temporary parking of a vehicle while loading or unloading
of goods.
9.52.020.1340 Loft. See Mezzanine.
9.52.020.1350 Lot. See Parcel.
9.52.020.1360 Maintenance and Repair. The repair or replacement of nonbearing
walls, fixtures, wiring, roof or plumbing that restores the character, scope,
size or design of a structure to its previously existing, authorized, and
undamaged condition.
9.52.020.1365 Major Transit Stop. Major transit stop as defined in Public
Resources Code Section 21064.3.
9.52.020.1370 Manufactured Housing. A structure as defined by Health and
Safety Code Section 18007, or any successor thereto.
9.52.020.1380 Mezzanine. An intermediate floor within a building interior without
walls, partitions, closets, screens or other complete enclosing interior walls
or partitions that is open to the floor below and has a floor area that is no
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greater than one-third of the total area of the overlooked room below. When
the total floor area of a mezzanine exceeds one-third of the total area of the
overlooked room below it constitutes an additional story and is no longer
considered a mezzanine. See Story.
9.52.020.1390 Mixed-Use Development. The development of a parcel or building
with 2 or more different land uses such as, but not limited to, a combination
of residential, office, manufacturing, retail, public or entertainment in a
single or physically integrated group of structures.
9.52.020.1400 Mobile Home Park. Any area or tract of land where 2 or more lots
are rented or leased, or held out for rent or lease, to accommodate mobile
homes used for human habitation in accordance with Health and Safety
Code Section 18214, or any successor thereto.
9.52.020.1410 Natural Disaster. See Act of Nature.
9.52.020.1420 Nonconforming Building. See Nonconforming Structure.
9.52.020.1430 Nonconforming Structure. A building or structure that was erected
in compliance with the standards and requirements in effect when it was
constructed but does not comply with all of the applicable provisions of this
Article including, but not limited to, density, floor area, height, setback,
usable open space, and other development standards. See Chapter 9.27,
Nonconforming Uses and Structures.
9.52.020.1440 Nonconforming Use. An occupancy or activity that was established
in compliance with the standards and requirements in effect at the time it
commenced and has not been abandoned within the same structure or on
the same parcel since that date but does not comply with all of the
applicable provisions of this Article, including, but not limited to, permitted
use, location, intensity, operational characteristics, performance standards
or hours of operation. See Chapter 9.27, Nonconforming Uses and
Structures.
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9.52.020.1450 Open Space.
9.52.020.1460 Open Space, Common. Any outdoor area, not dedicated for
public use, which is designed and intended for the common use and
enjoyment of the residents and guests of more than one dwelling unit.
9.52.020.1470 Open Space, Private. Open areas for outdoor living and
recreation that are adjacent and directly accessible to a single dwelling
unit, reserved for the exclusive use of residents of the dwelling unit and
their guests.
9.52.020.1480 Open Space, Usable. Outdoor areas that provide for outdoor
living and/or recreation for the use of residents.
9.52.020.1490 Outdoor Sales, Temporary and Seasonal. The sale or offering for
sale to the general public of merchandise outside of a permanent structure
on property owned or leased by the person, firm, or corporation. These
sales are of a limited duration and conducted on an occasional basis, and
are secondary or incidental to the principal permitted use or structure
existing on the property.
9.52.020.1500 Outdoor Storage. The keeping, in an unroofed area, of any goods,
junk, material, merchandise or vehicles in the same place for more than 72
hours except for the keeping of building materials reasonably required for
construction work on the premises pursuant to a valid and current Building
Permit issued by the City.
9.52.020.1510 Overlay District. A zoning designation specifically delineated on the
Districting Map establishing land use requirements that govern in addition
to the standards set forth in the underlying base district.
9.52.020.1520 Parapet. A low wall or railing extending above the roof and along its
perimeter.
9.52.020.1530 Parcel. A single unit of land separated from other units of land by
legal description, the boundaries of which are shown on a parcel map or
final map, described in a deed, or for which a certificate of compliance has
been issued pursuant to the Subdivision Map Act. [Parcel shall also include
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2 or more parcels where the owner(s) have recorded a covenant with the
Office of the County Recorder that states the intention of the owner(s) to
combine and use the parcels as a single unit of land in compliance with City
regulations.]
9.52.020.1540 Parcel, Corner. A parcel of land abutting 2 or more streets at their
intersection, or upon 2 parts of the same street forming an interior angle
of less than 135 degrees.
9.52.020.1550 Parcel, Flag. A parcel not fronting on or abutting a public road and
where access is from a public road by a narrow right-of-way or driveway.
9.52.020.1560 Parcel, Key. The first interior parcel to the rear of a reversed
corner parcel and not separated therefrom by an alley.
9.52.020.1570 Parcel, Reversed Corner. A corner parcel, the side street line of
which is substantially a continuation of the front parcel line of the first
parcel to its rear.
9.52.020.1580 Parcel, Through. A parcel which fronts on 2 parallel streets or
which fronts upon 2 streets which do not intersect at the boundaries of
the parcel.
9.52.020.1590 Parcel Area. The total area within the property lines of a parcel,
excluding any street or alley right-of-way.
9.52.020.1600 Parcel Depth. The longest perpendicular length between a front and
rear parcel line or an imaginary extension of a rear parcel line as necessary
for non-rectilinear parcels.
9.52.020.1610 Parcel Frontage. The width of the front parcel line measured at the
street right-of-way.
9.52.020.1620 Parcel Line. A line of record bounding a parcel that divides one
parcel from another parcel or from a public or private street or any other
public space.
9.52.020.1630 Parcel Line, Front. The parcel line separating a parcel from a
street right-of-way. In the case of a corner parcel, the line separating the
narrowest street frontage of the parcel from the street shall be
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considered the front. For corner parcels with equal street frontage
dimensions, the front of the parcel is the street frontage that is consistent
with the prevailing street frontage orientations along the block where the
corner parcel is located. For parcels between a walk street and an alley,
the front of the parcel is considered along the walk street. For through
parcels between a walk street and a street with vehicular access, the
front of the parcel is considered along the street with vehicular access.
9.52.020.1640 Parcel Line, Rear. The parcel line opposite and most distant from
the front parcel line; or in the case of triangular or otherwise irregularly
shaped parcel, a line 10 feet in length entirely within the parcel, parallel
to, and at a maximum distance from the front parcel line.
9.52.020.1650 Parcel Line, Side. Any parcel line other than a front or rear parcel
line.
9.52.020.1660 Parcel Width. For rectilinear parcels, the distance between the side
parcel lines determined by the length of a straight line drawn at right angles
to the side parcel lines and parallel with both the front and rear parcel lines.
For non-rectilinear parcels, a series of measurements based on the location
of the side parcel lines shall be required to determine varying parcel widths
at any given locations on the parcel.
9.52.020.1670 Parking Facility. An area of a parcel, structure, or any other area,
including driveways, which is designed for and the primary purpose of which
is to provide for the temporary storage of operable motor vehicles.
9.52.020.1680 Accessory Parking. An area of a parcel, structure, or any other
area, which is designed, reserved for, and the primary purpose of which
is to provide off-street parking to serve a building or use that is the
primary or main use of the parcel.
9.52.020.1690 Long-Term Parking. An area designed for employee or parking
when a vehicle is not normally moved during the period of an employee’s
work shift, as opposed to customer or visitor parking.
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9.52.020.1700 Parking, Bicycle. A covered or uncovered area equipped with a rack
or other device designed and useable for the secure, temporary storage of
bicycles.
9.52.020.1710 Long-Term Bicycle Parking. Bicycle parking that is designed to
serve employees, students, residents, commuters, and others who
generally stay at a site for 3 hours or longer.
9.52.020.1720 Short-Term Bicycle Parking. Bicycle parking that is designed to
serve shoppers, customers, messengers, guests, and other visitors to a
site who generally stay for a period of less than 4 hours.
9.52.020.1730 Parking Space, Off-Street. An area, covered or uncovered,
designed and usable for the temporary storage of a vehicle, which is paved
and accessible by an automobile without permanent obstruction.
9.52.020.1740 Accessible Parking. Parking spaces that are designed and
reserved for a vehicle(s) that is dedicated to persons with disabilities.
9.52.020.1745 Automated Parking System. Off-street parking facility where
vehicular storage and retrieval within such facility is accomplished
entirely through a mechanical conveyance system. A parking facility with
parking lift systems that require an attendant to maneuver a vehicle that
is to be parked shall not be considered an automated parking facility.
9.52.020.1750 Car Share Parking. Parking spaces that are dedicated for a
vehicle(s) provided by a certified car-share organization for the purpose
of providing a car-share-service to occupants of a building or the general
public.
9.52.020.1760 Independently-Accessible Parking. Parking spaces that allow a
vehicle to be accessed without having to move another vehicle under its
own power. They shall include spaces accessed by automated garages,
or car elevators, lifts or other space-efficient parking provided that no
more than one car needs to be moved under its own power to access
any one space.
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9.52.020.1770 Shared Parking. The management of parking spaces so that they
can be used by multiple users. This allows for the more efficient use of
parking facilities. Parking may be shared between multiple users on the
same parcel, between multiple users on different parcels, or in dedicated
shared parking facilities such as public parking lots.
9.52.020.1780 Stacked Parking. Space-efficient parking in which vehicles are
stored and accessed by mechanical stackers or lifts or other space-
efficient means.
9.52.020.1790 Tandem Parking. Parking spaces that are placed one behind
another and where a vehicle needs to be moved to access the desired
parking space.
9.52.020.1800 Unbundled Parking. The practice of selling or leasing parking
spaces separate from the purchase or lease of the commercial or
residential use.
9.52.020.1810 Valet Parking. Stacked or valet parking is allowed if an attendant
is present or an automated system is in place to move vehicles. The
automated system may or may not be managed by an attendant.
9.52.020.1820 Parking Structure. A structure used for parking and storage of
vehicles.
9.52.020.1830 Semi-Subterranean. A parking structure located partially
underground.
9.52.020.1840 Subterranean. A parking structure located entirely underground,
except for openings for ingress and egress.
9.52.020.1850 Patio. An outdoor area, often paved, adjoining a building that is used
for outdoor open space. It is not fully enclosed by walls and typically is
located at grade or supported by minimal footings.
9.52.020.1860 Paving. A type of material used over areas of a parcel such as
driveways, parking spaces and areas, pathways, patios, and front setbacks
used for access by vehicles and pedestrians.
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9.52.020.1870 Permit. Any Zoning Conformance, Conditional Use Permit, Minor
Use Permit, Temporary Use Permit, Development Review Permit,
Administrative Approval, Home Occupation, Building Permit, license,
certificate, approval, or other entitlement for development and/or use of
property as required by any public agency.
9.52.020.1880 Permitted Use. Any use or structure that is allowed in a zoning
district without a requirement for approval of a Use Permit, but subject to
any restrictions applicable to that zoning district.
9.52.020.1890 Person. Any natural person or other entity recognized by California
law as such, including a firm, association, organization, partnership,
business trust, company, or corporation.
9.52.020.1900 Person with a Disability. A person who has a physical or mental
impairment that limits one or more major life activities; anyone who is
regarded as having that type of impairment; or anyone who has a record of
that type of impairment.
9.52.020.1910 Planning Commission. The Planning Commission of the City of
Santa Monica.
9.52.020.1920 Plaza. An outdoor space set aside for gathering or congregating and
commercial activities, typically surrounded by building frontages.
9.52.020.1930 Podium. A building beneath a taller multi-story building of smaller
area.
9.52.020.1940 Porte Cochere. A roofed structure through which a vehicle can pass,
extending from the entrance of a building over an adjacent driveway, the
purpose of which is to shelter persons entering and exiting a building.
9.52.020.1950 Pre-Existing. In existence prior to the effective date of this Article.
9.52.020.1960 Primary Use. See Use, Primary.
9.52.020.1970 Private Tennis Court. A tennis court which is used for
noncommercial purposes by the owner(s) of the property or guests.
9.52.020.1980 Project. Any proposal for a new or changed use or for new
construction, alteration, or enlargement of any structure, that is subject to
the provisions of this ordinance. This term includes, but is not limited to, any
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action that qualifies as a “project” as defined by the California Environmental
Quality Act.
9.52.020.1990 Public Land. Any government-owned land, including, but not limited
to, public parks, beaches, playgrounds, trails, paths, schools, public
buildings, and other recreational areas or public open spaces.
9.52.020.2000 Public Resources Code. The Public Resources Code of the State
of California.
9.52.020.2010 Qualified Applicant. The property owner, the owner’s agent, or any
person or other legal entity that has a legal or equitable interest in land that
is the subject of a development proposal or is the holder of an option or
contract to purchase such land or otherwise has an enforceable proprietary
interest in such land.
9.52.020.2020 Ramp. An access driveway leading from one parking level to
another, or an access driveway from an entrance leading to parking at a
different level.
9.52.020.2030 Reasonable Accommodation. A type of discretionary permit that, if
approved, would provide a person with a disability equal access to housing
under the California Fair Employment and Housing Act, the Unruh Civil
Rights Act, the Federal Fair Housing Act, and the Americans with
Disabilities Act (ADA) in the application of building and zoning laws and
other land use policies, procedures, laws, rules, and regulations.
9.52.020.2035 Reasonable Modification. An alteration or modification to a building
or structure, at the applicant’s expense, that, if approved, would provide a
person with a disability equal access to housing under the California Fair
Employment and Housing Act, the Unruh Civil Rights Act, the Federal Fair
Housing Act, and the Americans with Disabilities Act (ADA).
9.52.020.2040 Residential Use. One or more rooms designed, occupied or
intended for occupancy as primary living quarters in a building or portion
thereof.
9.52.020.2050 Review Authority. Body responsible for making decisions on zoning
and related applications.
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9.52.020.2060 Right-of-Way. A strip of land acquired by reservation, dedication,
forced dedication, prescription or condemnation and intended to be
occupied or occupied by a road, railroad, electric transmission lines, oil or
gas pipeline, water line, sanitary storm sewer or other similar use.
9.52.020.2070 Roof. That portion of a building or structure above walls or columns
that shelters the floor area or the structure below.
9.52.020.2080 Barrel Roof. An arched roof with a semi-circular, half-cylindrical
shape.
9.52.020.2090 Gambrel Roof. A roof with 2 slopes on each of its 2 sides of which
the lower is steeper than the upper slope.
9.52.020.2100 Hip Roof. A 4-sided roof with sloping ends and sides.
9.52.020.2110 Mansard Roof. A roof with 2 sloping planes of different pitch on
each of the 4 sides.
9.52.020.2120 Pitched Roof. A roof with 2 sides that have at least one foot of
vertical rise for every 3 feet of horizontal run.
9.52.020.2130 Shed Roof. A roof with a single slope.
9.52.020.2140 Roof Deck. A platform located on the flat portion of a roof or setback
of a building that is used for outdoor space. It is distinct from a patio.
9.52.020.2150 Screening. Buffering of a building or activity from neighboring areas
or from the street with a wall, fence, hedge, informal planting, or berm.
9.52.020.2160 Security Grate or Grilles. A metal grate that rolls up over, or slides
across, a window or door to provide protection against unwanted entry. It
also can be a fixed metal fixture over window openings.
9.52.020.2170 Senior Citizen. An individual 62 years of age or older unless
otherwise expressly stated in this Article.
9.52.020.2180 Setback. The distance between the parcel line and a building, not
including permitted projections, that must be kept clear or open. See also
Section 9.04.040, Measuring Distances, Section 9.04.130, Determining
Setbacks, and Section 9.21.110, Projections into Required Setbacks.
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9.52.020.2190 Setback, Front. A space extending the full width of the parcel
between any building and the front parcel line, and measured
perpendicularly to the building at the closest point to the front parcel line.
9.52.020.2200 Setback, Rear. A space extending the full width of the parcel
between the principal building and the rear parcel line measured
perpendicularly from the rear parcel line to the closest point of the
principal building. When a rear parcel line abuts an alley or walkstreet,
the rear setback shall be measured from the center line of the alley or
walkstreet.
9.52.020.2210 Setback, Side. A space extending the full depth of the parcel
between the principal building and the side parcel line measured
perpendicularly from the side parcel line to the closest point of the
principal building. For non-rectilinear parcels, a space extending the full
depth of the parcel between the principal building and the side parcel
line(s) measured using a series of measurements parallel to the front
parcel line to determine varying parcel widths at any given locations on
the parcel.
9.52.020.2220 Setback, Street Side. A space extending the full depth of the
parcel between the principal building and the side parcel line adjacent
to a public street right-of-way measured perpendicularly from the side
parcel line to the closest point of the principal building. For non-
rectilinear parcels, a space extending the full depth of the parcel
between the principal building and the side parcel line(s) adjacent to a
public street right-of-way measured using a series of measurements
parallel to the front parcel line to determine varying parcel widths at any
given locations on the parcel.
9.52.020.2230 Sexually-Oriented Business. See Chapter 9.59, Sexually-Oriented
Businesses, for details.
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9.52.020.2240 Shrub. A plant with a compact growth habit and branches coming
from the base of the plant. Mature heights of shrubs may vary from one foot
to 15 feet depending on their species and landscape application.
9.52.020.2250 Sidewalk. A paved, surfaced, or leveled area, paralleling and usually
separated from the street, used as a pedestrian walkway.
9.52.020.2260 Sidewalk Café. Any outdoor dining area located in or adjacent to
any public sidewalk or right-of-way which is associated with a restaurant or
other eating and drinking establishment on a contiguous adjacent parcel.
9.52.020.2270 Sign-Related Definitions. All terms relating to signage are defined
in Chapter 9.61, Signs.
9.52.020.2280 Site. A parcel, or group of contiguous parcels, that is proposed for
development in accordance with the provisions of this Article and is in a
single ownership or under unified control.
9.52.020.2290 Skylight. That portion of a roof which is glazed to admit light, and
the mechanical fastening required to hold the glazing, including a curb not
exceeding 10 inches in height, to provide a weatherproofing barrier.
9.52.020.2300 Solar Energy System. Any solar collector or other solar energy
device, certified pursuant to State law, along with its ancillary equipment,
whose primary purpose is to provide for the collection, storage, and
distribution of solar energy for space heating, space cooling, electric
generation, or water heating, or any structural design feature of a building,
whose primary purpose is to provide for the collection, storage, and
distribution of solar energy for electricity generation, space heating or
cooling, or for water heating.
9.52.020.2310 State Historical Building Code. California Code of Regulations,
Title 24, Part 8, or any successor thereto, which constitutes a special State-
adopted building code for historic buildings allowing flexible approaches to
their construction problems. This Code was developed to accommodate
changes necessary for the continued use of historic buildings, while
preserving their historic character and significant architectural features.
Applicants may elect to use the State Historic Building Code as an
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alternative to standard construction codes such as the City’s Building Code
or Electrical Code.
9.52.020.2320 Story. That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except that the
topmost story shall be that portion of a building included between the upper
surface of the topmost floor and the upper surface of the roof above. A
mezzanine with a floor area that exceeds one-third of the floor area of the
overlooking room of the floor below constitutes a story. An attic and
basement shall not be considered stories.
9.52.020.2330 Street. A public or private thoroughfare which affords the access to
a block and to abutting property. “Street” includes avenue, place, way, drive,
boulevard, highway, road, and any other thoroughfare, except an alley as
defined herein.
9.52.020.2340 Street Tree. Trees that are located in the public right-of-way.
9.52.020.2350 Street Wall. A wall or portion of a wall of a building facing a street.
9.52.020.2360 Structural Alterations. Any physical change to or the removal of the
supporting members of a structure or building, such as bearing walls,
columns, beams, or girders including the creation, enlargement, or removal
of doors or windows and changes to a roofline or roof shape.
9.52.020.2370 Structure. Anything constructed or erected, which requires a fixed
location on the ground, or is attached to a building or other structure having
a fixed location on the ground.
9.52.020.2380 Structure, Accessory. A detached subordinate structure, used
only as incidental to the main structure on the same parcel.
9.52.020.2390 Structure, Main. A structure housing the principal use of a site or
functioning as the principal use.
9.52.020.2400 Structure, Subterranean. A structure located entirely
underground, except for openings for ingress and egress.
9.52.020.2410 Structure, Temporary. A structure without any foundation or
footings and which is intended to be removed when the designated time
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period, activity, or use for which the temporary structure was erected
has ceased.
9.52.020.2420 Subdivision. See Chapter 9.54, Land Divisions, for all subdivision
definitions.
9.52.020.2430 Swimming Pool. A pool, pond, or open tank capable of containing a
large and deep enough body of water for people to use to swim.
9.52.020.2440 Temporary Structure. See Structure, Temporary.
9.52.020.2445 Third Street Promenade Area. The area including the Third Street
Promenade and parcels located in that portion of the BC (2nd & 4th Streets)
District bounded by 2nd Street to the west, Broadway to the south, 4th
Street to the east, and Wilshire Boulevard to the north.
9.52.020.2448 Tower. A building or structure with a height exceeding 90 feet. A
tower may be constructed above a podium or at grade.
9.52.020.2450 Trailer. A vehicle without motor power, designed to be drawn by a
motor vehicle and to be used for human habitation or for carrying persons
or property, including a mobile home, trailer coach or house trailer.
9.52.020.2460 Trash Screen/Enclosure. A permanent, immobile structure,
designed for the storage of a mobile resource recovery, recycling, or
compost bin or container.
9.52.020.2470 Unit. See Dwelling Unit.
9.52.020.2480 Use. The purpose for which land or the premises of a building,
structure, or facility thereon is designed, arranged, or intended, or for which
it is or may be occupied or maintained.
9.52.020.2490 Use, Accessory. A use that is customarily associated with, and is
incidental and subordinate to, the primary use and located on the same
parcel as the primary use.
9.52.020.2500 Use, Primary. A primary, principal or dominant use established,
or proposed to be established, on a parcel. In a mixed-use building,
there may be more than one primary use.
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9.52.020.2510 Use Classification. A system of classifying uses into a limited
number of use types on the basis of common functional, product, or
compatibility characteristics. All use types are grouped into the following
categories: residential; public and semi-public; commercial; industrial; and
transportation, communication, and utilities. See Chapter 9.51, Use
Classifications.
9.52.020.2520 Use Permit. A discretionary permit, such as a Minor Use Permit or
Conditional Use Permit, which may be granted by the appropriate City
authority to provide for the accommodation of land uses with special site or
design requirements, operating characteristics, or potential adverse effects
on surroundings, which are not permitted as of right but which may be
approved upon completion of a review process and, where necessary, the
imposition of special conditions of approval by the permit granting authority.
See Chapter 9.41, Minor Use Permits and Conditional Use Permits.
9.52.020.2530 Use Type. A category which classifies similar uses based on
common functional, product, or compatibility characteristics.
9.52.020.2540 Utilities. Equipment and associated features related to the
mechanical functions of a building(s) and services such as water, electrical,
telecommunications, and waste.
9.52.020.2550 Vibration. A periodic motion of the particles of an elastic body or
medium in alternately opposite directions from the position of equilibrium.
9.52.020.2560 View Corridor. An area where there is a view of all or a portion of a
panoramic subject, scene, or area.
9.52.020.2570 Wall. Any exterior surface of building or any part thereof, including
windows.
9.52.020.2580 Window. An opening in a wall of a building that may be filled with
glass or other material in a frame. They typically allow light and air into the
interior of a building but also serve as vehicles for viewing merchandise in
commercial properties.
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9.52.020.2590 Primary Room Window. A glazed surface whose area is larger
than any other glazed surface in a living room, dining room, family room,
library, or similar such activity room in a dwelling unit.
9.52.020.2600 Secondary Room Window. A glazed surface serving a bedroom,
bathroom, kitchen, stairway, corridor, or storage area in a dwelling unit,
or a non-primary window in a primary space.
9.52.020.2610 Yard. See Setback.
9.52.020.2620 Zoning Administrator. The Director of the Department of Planning
and Community Development, or designee.
9.52.020.2630 Zoning District. A specifically delineated area or district in the City
within which regulations and requirements uniformly govern the use,
placement, spacing, and size of land and buildings.
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DIVISION 6: LAND USE AND ZONING RELATED PROVISIONS
Chapter 9.54, Land Divisions
Chapter 9.55, Architectural Review
Chapter 9.64, Affordable Housing Production Program
Chapter 9.65, Childcare Linkage Program
Chapter 9.66, Transportation Impact Fee Program
Chapter 9.67, Parks and Recreation Development Impact Fee Program
Chapter 9.68, Affordable Housing Commercial Linkage Fee Program
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CHAPTER 9.54 LAND DIVISIONS
9.54.140 Special Procedures for Projects Subject to Specific State Law
Provisions
A, Purpose.
The purpose of this section is to provide special procedures for projects subject to
approval in accordance with specific state law provisions.
B. Applicability.
1. Eligible Projects.
a. Projects seeking lot splits pursuant to Section 9.31.125, Duplexes
and Lot Splits on Parcels Zoned for Single-Unit Residential.
b. Projects proposing 10 or fewer units and meeting the requirements
of Government Code Section 66499.41.
c. Projects proposing to separately convey or sell a primary unit and an
ADU or ADUs as condominiums that would result in four or fewer parcels, pursuant
to Section 9.31.026, Accessory Dwelling Unit Condominiums, in accordance with
the regulations set forth in Government Code Section 66342.
2. Except as modified by this section, all provisions of this Chapter remain
applicable.
C. Approval Procedures.
The following procedures shall apply to eligible projects under paragraph (B)(1) above.
1. Subdivisions pursuant to Section 9.31.125, Duplexes and Lot Splits on
Parcels Zoned for Single-Unit Residential:
a. Projects are exempt from Planning Commission approval.
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b. The Director shall issue a Tentative Map approval if the proposed
subdivision conforms precisely to appliable standards set forth in Section 9.31.125.
c. The Director shall act within 50 days of receiving a complete
application.
d. If the Director fails to act within 50 days of receiving a complete
application, the proposed subdivision shall be deemed approved in so far as it
complies with all applicable requirements of the Subdivision Map Act, this Chapter,
and any other applicable City ordinances.
2. Subdivisions pursuant to Government Code Section 66499.41.
a. Projects are exempt from Planning Commission approval.
b. The Director shall issue a Tentative Map approval if the proposed
subdivision conforms precisely to appliable standards set forth in Government
Code Section 66499.41.
c. The Director shall approve or deny an application for a tentative map
for a housing development project within 60 days from the date of receiving a
complete application pursuant to Government Code 66499.41.
d. If the Director does not approve or deny a completed application
within 60 days, the application shall be deemed approved.
e. If the Director denies the application, the Director shall, within 60
days from the date of receiving the completed application, return in writing a full
set of comments to the applicant with a list of items that are defective or deficient
and a description of how the applicant can remedy the application.
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3. Subdivisions Pursuant to Section 9.31.026, Accessory Dwelling Unit
Condominiums that will result in four or fewer parcels:
a. Projects are exempt from Planning Commission approval.
b. The Director shall, within the timeframes set forth in this Chapter,
deny a Tentative Map if the Director makes any of the findings set forth in
9.54.070(D).
c. If no action is taken by the Director within the required time limit, as
specified in the Subdivision Map Act, the Tentative Map as filed shall be deemed
to be approved, insofar as it complies with other applicable provisions of the
Subdivision Map Act, this Chapter or other City ordinances.
D. Term.
Notwithstanding anything to the contrary in this Chapter, Tentative Map approvals subject
to this Section shall remain effective for 3 years.
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CHAPTER 9.55 ARCHITECTURAL REVIEW
9.55.120 Project Review by and Approval of Architectural Review Board
A. Except as provided by Section 9.55.190 on administrative approval, no building
permit shall be issued for any project in an architectural review district unless plans,
elevations, or landscaping, have been approved by the Architectural Review Board or on
appeal by the Planning Commission. In addition to those projects subject to administrative
approval by the Director under Section 9.55.190, the Architectural Review Board, under
authority of Section 9.55.070 of this Chapter, may, by resolution, authorize the Director
to approve applications for building permits for minor or insignificant projects in an
architectural review district, so long as such projects do not defeat the purposes and
objectives of this Chapter.
B. No completed project that is subject to and receives the Architectural Review
Board’s approval shall receive a certificate of occupancy or final building inspection
approval until the Director certifies that such construction has complied with the conditions
and restrictions, if any, imposed by the Architectural Review Board or on appeal by the
Planning Commission, and that the final construction is in conformity with the plans
approved by the Architectural Review Board or on appeal by the Planning Commission.
C. Preliminary drawings of the design of a proposed project shall be submitted to the
Community Development Department for informal review so that an applicant may be
informed of Architectural Review Board policies prior to preparing for plan check
submittal.
D. Plans or proposals that require a design review approval by the Architectural
Review Board shall be considered at a noticed public hearing in accordance with the
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procedures set forth in this Chapter. At the conclusion of a public hearing, or continued
public hearing, the Architectural Review Board shall issue a determination on an
application. The Architectural Review Board shall be authorized to approve, conditionally
approve, or disapprove exterior elevations, landscaping, and general appearance and to
impose such conditions as it believes reasonable and necessary. The Architectural
Review Board shall transmit its determination to the applicable Review Authority in
writing, including the reasons for the determination, and the findings related to the criteria
for the determination in Section 9.55.140.
E. The Architectural Review Board shall make a determination in accordance with
paragraph (D) at the conclusion of no more than three noticed public hearings or
continued public hearings, provided that the number of the hearings and the timing for the
determination shall be subject to all applicable law, including, but not limited to
Government Code section 65905.5.
F. For projects that require an Administrative Approval:
1. Except as provided in subsection 2, below, the Board shall issue its
determination prior to issuance of the Administrative Approval by the Director.
2. Notwithstanding subsection 1, above, the Architectural Review Board’s
design review approval shall occur after the Director’s determination on the Administrative
Approval if the project has met the following:
a. At least one Architectural Review Board design review approval
hearing has occurred;
b. The applicant has submitted revised plans in response to the
Architectural Review Board’s design review comments; and
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c. The project conforms precisely to all applicable development
standards and the Administrative Approval determination by the Director is ready
to be issued.
G. For projects that require a Development Review Permit, the Architectural Review
Board shall issue its determination prior to consideration of the project by the Planning
Commission.
H. The Architectural Review Board also shall have the authority to undertake review
and approval of projects as authorized by the Zoning Ordinance or of sign permits as
authorized by Chapter 9.61.
9.55.140 Criteria.
A. The Architectural Review Board may approve, approve with conditions, or
disapprove an application submitted to it pursuant to Section 9.55.120 after consideration
of whether the project complies with the following criteria:
1. The plan for the proposed project is expressive of good taste, good design,
and in general contributes to the image of Santa Monica as a place of beauty, creativity,
and individuality;
2. The proposed project is not of inferior quality such as to cause the nature
of the local neighborhood or environment to materially depreciate in appearance and
value;
3. The proposed design of the project is compatible with developments on land
in the general area; and
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4. The proposed project is in conformity with the effective guidelines and
standards adopted pursuant to this Chapter and all other applicable ordinances relating
to the location and appearance of the project involved.
B. If the Architectural Review Board finds that the project complies with the criteria in
subsection (A) above, the Architectural Review Board shall approve the application. The
Architectural Review Board may impose conditions when the proposed project does not
comply with the above criteria and any such conditions are limited to those that will bring
the proposed project into conformity therewith. If an application is disapproved, the
Architectural Review Board shall detail in its findings, as applicable, the criteria with which
the project does not comply or the guidelines that are violated. Any action taken by the
Architectural Review Board in regard to a proposed project shall be in writing and include
findings, signed by the Chairperson, and a copy thereof shall be provided to the applicant
by email utilizing the email address provided on the application, in person, or by United
States mail, upon request.
C. In no case shall the Architectural Review Board impose conditions that reduce
residential density or have the effect of denying a housing project as those terms are
defined in Government Code Section 65589.5.
D. A decision or order of the Architectural Review Board shall not become final until
10 days after the date upon which a ruling has been made, unless an appeal is filed
pursuant to Section 9.55.160.
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CHAPTER 9.64 AFFORDABLE HOUSING PRODUCTION PROGRAM
9.64.040 Affordable Housing Obligation
A. Except as provided in Section 9.23.030(A), no building permit shall be issued for
any multiple-unit project unless such project has been approved in accordance with the
standards and procedures set forth in this Chapter.
B. All applicants for multiple-unit projects shall satisfy the affordable housing
obligation by choosing one of the following options:
1. Provide affordable housing units on-site in accordance with Section
9.64.050;
2. Provide affordable housing units off-site in accordance with Section
9.64.060;
3. For projects of five units or less, pay an affordable housing fee in
accordance with Section 9.64.070(A) or provide affordable housing unit(s) on-site in
accordance with Section 9.64.050; or
4. Acquire land for affordable housing in accordance with Section 9.64.080.
C. An application for a multiple-unit project will not be determined complete until the
applicant has submitted a written proposal that demonstrates the manner in which the
requirements of this Chapter will be met.
9.64.050 On-Site Option
Except as provided in Chapter 9.34, Residential Unit Replacement Requirements, the
following requirements must be met to satisfy the on-site provisions of this Chapter:
A. An applicant for the following multiple unit provides shall provide 15% of total units
as affordable to no more than 80% income households:
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1. Projects of 5 units or less that has not elected to pay an affordable housing
fee;
2. Projects of 6-19 units.
B. An applicant for a multiple-unit project of twenty units or more shall construct
affordable housing units pursuant to subsection A, above, which shall be divided equally
among 50% income households, 80% income households, and moderate income
households. Any remainder units above multiples of three shall be distributed to 50%
income households first and 80% income households second. For illustrative purposes,
Table 9.64.050(C), below, provides examples of how distribution would look for certain
projects.
Table 9.64.050(C)
# of Affordable Units in the Project 50% AMI 80% AMI
Moderate
Income
3 1 1 1
4 2 1 1
5 2 2 1
6 2 2 2
7 3 2 2
8 3 3 2
9 3 3 3
10 4 3 3
11 4 4 3
12 4 4 4
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Table 9.64.050(C)
# of Affordable Units in the Project 50% AMI 80% AMI
Moderate
Income
13 5 4 4
14 5 5 4
15 5 5 5
16 6 5 5
17 6 6 5
18 6 6 6
19 7 6 6
20 7 7 6
21 7 7 7
Additional affordable housing unit Allocate 1st Allocate 2nd Allocate 3rd
C. Fractions. Any fractional affordable housing unit that results from the formulas of
this Section that is 0.5 or more shall be treated as a whole affordable housing unit (i.e.,
any resulting fraction shall be rounded up to the next larger integer) and that unit shall
also be built pursuant to the provisions of this Section. Any fractional affordable housing
unit that is less than 0.5 can be satisfied by the payment of an affordable housing fee for
that fractional unit only pursuant to Section 9.64.070(B).
D. Income and Rent Limits. The City shall make available a list of income levels for
30% income households, 50% income households, 80% income households, and
moderate income households, adjusted for household size, the corresponding maximum
affordable rents adjusted by household size appropriate for the unit, and the minimum
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number of units required for 30% income households, 50% income households, or 80%
income households required for typical sizes of multiple-unit projects, which list shall be
updated periodically.
E. Affordable Housing Unit Requirements.
1. The multiple-unit project applicant may reduce the interior amenities of the
affordable housing units as long as there are not significant identifiable differences
between affordable housing units and market rate units visible from the exterior of the
dwelling units; provided, that all dwelling units conform to the requirements of the
applicable Building and Housing Codes.
2. The unit mix percentage for affordable two- and three-bedroom housing
units shall be equal to or greater than the unit mix percentage for the corresponding
market rate units.
3. The unit mix percentage for affordable studio housing units shall not exceed
15% of the total number of affordable units required.
4. An affordable housing unit shall have a minimum total floor area, depending
upon the number of bedrooms provided, of no less than the following:
0 bedrooms 500 square feet
1 bedroom 600 square feet
2 bedrooms 850 square feet
3 bedrooms 1,020 square feet
4 bedrooms 1,200 square feet
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5. An affordable housing unit shall comply with minimum occupancy
requirements as follows:
0 bedrooms 1 occupant
1 bedroom 1 occupant
2 bedrooms 2 occupants
3 bedrooms 3 occupants
4 bedrooms 5 occupants
6. Affordable housing units shall not be isolated to a specific floor or to an area
on a specific floor in accordance with Health and Safety Code Section 17929(a)(2). Units
must be dispersed throughout the multiple-unit project.
F. All affordable housing units in a multiple-unit project or a phase of a multiple-unit
project shall be constructed concurrently with the construction of market rate units in the
multiple-unit project or phase of that project.
G. On-site affordable housing units must be rental units.
H. Each multiple-unit project applicant, or their successor, shall submit an annual
report to the City identifying which units are affordable units, the monthly rent (or total
housing cost if an ownership unit), vacancy information for each affordable unit for the
prior year, verification of income of the household occupying each affordable unit
throughout the prior year, and such other information as may be required by City staff.
I. A multiple-unit project applicant who meets the requirements of this Section shall
be entitled to the density bonuses, incentives or concessions, and waivers or reductions
of development standards provided by Chapter 9.22, or any successor thereto.
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J. All residential developments providing affordable housing on site pursuant to the
provisions of this Section shall receive priority building department plan check processing
by which housing developments shall have plan check review in advance of other pending
developments to the extent authorized by law.
K. The City Council may by resolution establish compliance monitoring fees which
reflect the reasonable regulatory cost to the City of ensuring compliance with this Section
when affordable housing units are being initially rented or sold, when the required annual
reports are submitted to the City, and when the units are being re-sold or re-leased.
9.64.070 Affordable Housing Fee
A multiple-unit project may satisfy the affordable housing obligations established by this
Chapter by paying an affordable housing fee in accordance with the following
requirements:
A. Multiple-unit projects of five units or less based on the following formula:
(Affordable housing unit base fee) x (floor area of multiple-unit project)
B. Multiple-unit projects of six units or more with fractional affordable housing units of
less than 0.5 based on the formula established in Section 9.64.050 and 9.64.060:
(City’s affordable housing unit development cost) x (fractional percentage)
C. For purposes of this Section, the affordable housing unit base fee shall be
established by resolution of the City Council. Commencing on July 1, 2006 and on July
1st of each fiscal year thereafter, the affordable housing unit base fee shall be adjusted
based on changes in construction costs and land costs. The amount of the affordable
housing fee that the multiple-unit project applicant must pay shall be based on the
affordable housing unit base fee resolution in effect at the time that the affordable housing
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fee is paid to the City, except that the affordable housing fee for projects that have vested
rights under State or local law shall be determined in accordance with those vested rights.
D. For purposes of this Section, the City’s affordable housing unit development cost
shall be established by resolution of the City Council. Commencing on July 1, 2007 and
on July 1st of each fiscal year thereafter, the City’s affordable housing unit development
cost shall be adjusted based on changes in construction costs and land costs. The
affordable housing fee that the multiple-unit project applicant must pay shall be based on
the affordable housing unit development cost resolution in effect at the time of payment
to the City, except that the affordable housing fee for projects that have vested rights
under State or local law shall be determined in accordance with those vested rights.
E. The amount of the affordable housing unit base fee may vary by product type
(apartment or condominium) and shall reflect, among other factors, the relationship
between new market rate multiple-unit development and the need for affordable housing.
F. The affordable housing fee shall be paid in full upon issuance of certificate of
occupancy or final inspection, whichever occurs last.
G. The City shall deposit any payment made pursuant to this Section in a reserve
account separate from the General Fund to be used only for development of affordable
housing, administrative costs related to the production of this housing, and monitoring
and evaluation of this affordable housing production program. Any monies collected and
interest accrued pursuant to this Chapter shall be committed within five years after the
payment of such fees or the approval of the multiple-unit project, whichever occurs later.
Funds that have not been appropriated within this five-year period shall be refunded on a
pro rata share to those multiple-unit project applicants who have paid fees during the
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period. Expenditures and commitments of funds shall be reported to the City Council
annually as part of the City budget process.
H. An affordable housing fee payment pursuant to this Section shall not be considered
provision of affordable housing units for purposes of determining whether the multiple-
unit project qualifies for a density bonus pursuant to Government Code Section 65915.
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CHAPTER 9.65 CHILD CARE LINKAGE PROGRAM
9.65.040. Child Care Requirement.
For any project defined herein, the developer shall pay a child care linkage fee or
participate in the construction or establishment of child care facilities in accordance with
the following:
A. Child Care Linkage Fee. Fees shall be computed as follows:
1. For residential development projects that result in the addition of a dwelling
unit: one hundred eleven dollars per dwelling unit.
2. All office, retail and hotel projects shall pay the following based on the gross
square footage of the proposed project:
a. Office: $5.27 per square foot.
b. Retail: $3.77 per square foot.
c. Hotel: $2.64 per square foot.
3. For mixed residential/nonresidential development, the sum of the fee
required for each component as set forth above in paragraphs (1) and (2) of this
subsection.
B. Timing of Fee Payment.
1. The project applicant shall pay fees according to the schedule of fees in
place on the date the fees are paid, except that the project applicant for a project that has
vested rights under State or local law shall pay the applicable fees in accordance with
those vested rights.
2. The Child Care Linkage fee shall be paid in full upon issuance of certificate
of occupancy or final inspection, whichever occurs last.
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C. Facilities In Lieu of Fees. The developer of a residential or nonresidential project
may satisfy the requirement for the payment of fees by agreeing to participate in the
construction or establishment of one or more child care facilities. Such participation shall
be secured generally as follows:
1. Type and Cost of Participation. A developer seeking to satisfy the child
care requirements of this Chapter through participation in the construction or
establishment of new child care facilities shall submit documentation acceptable to the
Director of Planning and Community Development to support the request for participation
in lieu of fees. The documentation shall establish that the type and cost of participation
including, but not limited to, construction, rehabilitation of existing structures conforming
to license and zoning requirements, or land or premises dedication, bears a reasonable
relationship to the fee otherwise required in subsection (A). Construction Cost Indexes,
prevailing wage rates, and the best available index of costs of equipment and supplies
shall be utilized to determine the level of participation relative to the required fee. In the
case of land or premises dedication, the market value of land or premises dedicated shall
be reasonably related to the fee otherwise required in subsection (A). If the actual
construction cost or market value is greater than the required relevant fees, the City shall
have no obligation to pay the excess amount.
2. Approval of Participation. The Director of Planning and Community
Development, after consultation with the Director of the Community and Cultural Services
Department, shall determine and approve the type and cost of participation in the
construction or establishment of facilities.
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3. Verification of Participation. The Director of Planning and Community
Development shall require that the developer submit a written verification of participation
in meeting these requirements. Said verification shall consist of documentation sufficient
to enable the Director to readily determine compliance with the provisions of this Chapter.
Upon receipt of documentation sufficient to demonstrate compliance, the Director shall
issue a notice that the developer has complied with the requirements of this Chapter.
4. The Director’s determination of the type and cost of participation in the construction
or establishment of child care facilities pursuant to this Section may be appealed to the
City Council if such appeal is filed within fourteen consecutive calendar days from the
date that the decision is made in the manner provided in Section 9.37.130.
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CHAPTER 9.66 TRANSPORTATION IMPACT FEE PROGRAM
Section 9.66.040 Transportation Mitigation Requirement
Except as provided in Section 9.66.050, the developer of a project shall pay a
transportation impact fee in accordance with the following:
A. Transportation Impact Fee. Fees shall be computed as follows:
1. For single-unit residential development projects that result in the addition of
a dwelling unit:
a. Seven thousand six hundred dollars per multi-unit dwelling unit in
Area 1.
b. Seven thousand eight hundred dollars per multi-unit dwelling unit in
Area 2.
2. For multi-unit residential development projects that result in the addition of
a dwelling unit:
a. Two thousand six hundred dollars per multi-unit dwelling unit in Area 1.
b. Three thousand three hundred dollars per multi-unit dwelling unit in Area 2.
c. Two thousand six hundred dollars per multi-unit dwelling unit in Area 3
overlay for housing development projects that satisfy the requirements of subsection
(A)(6)(a), (b), and (c) of this Section.
3. All nonresidential projects shall pay the following based on the square
footage of the proposed project:
a. Retail.
i. Twenty-one dollars per square foot in Area 1.
ii. Thirty dollars and ten cents per square foot in Area 2.
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b. Office.
i. Nine dollars and seventy cents per square foot in Area 1.
ii. Ten dollars and eighty cents per square foot in Area 2.
c. Medical Office.
i. Twenty-eight dollars and ten cents per square foot in Area 1.
ii. Twenty-nine dollars and eighty cents per square foot in Area
2.
d. Hospital.
i. Not applicable.
ii. Fourteen dollars and seventy cents per square foot in Area 2.
e. Lodging.
i. Three dollars and sixty cents per square foot in Area 1.
ii. Three dollars and sixty cents per square foot in Area 2.
f. Industrial.
i. One dollar and twenty cents per square foot in Area 1.
ii. One dollar and thirty cents per square foot in Area 2.
g. Auto Sales and Display Areas.
i. One dollar and twenty cents per square foot in Area 1.
ii. One dollar and thirty cents per square foot in Area 2.
4. The land use categories identified in subsections (3)(a) through (g) shall
have the following meanings:
a. Single-unit residential shall include single-unit dwelling.
b. Multi-unit residential shall include congregate care—nonsenior,
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congregate care—seniors, and multiple-unit dwelling.
c. Retail shall include: animal kennels and veterinary hospitals, auto
repair, car wash, community meeting facilities, community centers and
nonresidential adult care facilities, retail and wholesale construction- related
materials, nurseries and garden centers, entertainment and recreational facilities,
gas station, library, museums, aquariums and art galleries, nightclubs and bars,
personal services, post-secondary educational facility, pre-school/child day care,
private studio, restaurants—fast food and cafés, restaurants—sit down, retail
durable goods, retail food and markets, retail mixed, and retail nonfood.
d. Office shall include: creative office, financial institutions and office,
and general office.
e. Medical office shall include: medical office, including medical clinics,
and offices for medical professionals.
f. Hospital shall include: full service hospitals.
g. Lodging shall include: hotels, motels and other overnight
accommodations.
h. Industrial shall include: surface or structured auto inventory storage,
City maintenance facilities and bus yards, heavy industrial and manufacturing, light
industrial, utilities, warehouse and self-storage, and wholesale distribution and
shipping.
5. For mixed residential/nonresidential development, the sum of the fee
required for each component as set forth in subsections (A)(2) and (A)(3) of this Section.
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6. Housing development projects within the Area 3 overlay that meet the
following characteristics shall pay a transportation impact fee of two thousand six hundred
dollars per multi-unit dwelling unit:
a. The housing development is located within one-half mile of a transit
station and there is direct access between the housing development and the transit
station along a barrier-free walkable pathway not exceeding one-half mile in length;
and
b. Convenience retail uses, including a store that sells food, are located
within one-half mile of the housing development; and
c. The housing development provides either the minimum number of
parking spaces required by the municipal code, or no more than one on- site
parking space for zero- to two-bedroom units, and two on-site parking spaces for
three or more bedroom units, whichever is less.
7. The amount of legally permitted square footage to be demolished in an
existing building or structure, or to be removed from an outdoor area used as part of a
service station or for auto dealer sales, display and inventory storage, as a part of a project
shall be a credit in the calculation of the transportation impact fee. Outdoor area used as
part of a gas station shall not include setbacks, landscaping, parking and other paved
areas used solely for access and circulation.
B. Timing of Fee Payment.
1. The project applicant shall pay fees according to the schedule of fees in
place on the date the fees are paid, except that the project applicant for a project that has
vested rights under State or local law shall pay the applicable fees in accordance with
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those vested rights.
2. The Transportation Impact Fee shall be paid in full upon issuance of a
certificate of occupancy or final inspection, whichever occurs last.
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CHAPTER 9.67 PARKS AND RECREATION DEVELOPMENT IMPACT FEE
PROGRAM
9.67.040. Parks and Recreation Mitigation Requirement.
Except as provided in Section 9.67.050, the developer of a Project shall pay a Parks and
Recreation Development Impact Fee in accordance with the following:
A. Parks and Recreation Development Impact Fee. Fees shall be computed as
follows:
1. For Single-Unit residential development projects that result in the addition
of a dwelling unit:
a. $7,636 per single-unit dwelling unit.
2. For Multi-Unit residential development projects that result in the addition of
a dwelling unit:
a. $4,138 per studio/one-bedroom multi-unit dwelling unit.
b. $6,665 per multi-unit dwelling unit with two or more bedrooms.
3. All nonresidential projects shall pay the following based on the gross square
footage of the proposed project:
a. Office: $2.31 per square foot.
b. Medical Office: $1.27 per square foot.
c. Retail: $1.49 per square foot.
d. Lodging: $3.11 per square foot.
e. Industrial: $1.30 per square foot.
4. The land use categories identified in paragraphs (1)—(3), above, shall have
the following meanings:
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a. Single-Unit Residential shall include Single-Unit Dwelling.
b. Multi-Unit Residential shall include: congregate care—non senior,
congregate care—seniors, and multiple-unit dwelling.
c. Office shall include: creative office, financial institutions and office,
and general office.
d. Medical office shall include: full service hospitals and medical offices,
including medical clinics, and offices for medical professionals.
e. Retail shall include: animal kennels and veterinary hospitals, auto
repair, car wash, nonresidential adult care facilities, retail and wholesale
construction-related materials, nurseries and garden centers, entertainment and
recreational facilities, gas stations, and art galleries, nightclubs and bars, Personal
services, Post-secondary educational facility, private studio, restaurants—fast
food and cafes, restaurants—sit down, retail durable goods, retail food and
markets, retail mixed, and retail nonfood.
f. Lodging shall include: hotels, motels and other overnight
accommodations.
g. Industrial shall include: surface or structured auto inventory storage,
heavy industrial and manufacturing, light industrial, utilities, warehouse and self-
storage, and wholesale distribution and shipping.
5. For mixed residential/nonresidential development, the sum of the fee
required for each component as set forth above in paragraphs (A)(2) and (A)(3) of this
subsection.
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6. The amount of legally permitted square footage to be demolished in an
existing building or structure as a part of a Project shall be a credit in the calculation of
the Parks and Recreation Development Impact Fee.
B. Timing of Fee Payment.
1. The project applicant shall pay fees according to the schedule of fees in
place on the date the fees are paid, except that the project applicant for a project that has
vested rights under State or local law shall pay the applicable fees in accordance with
those vested rights.
2. The Parks and Recreation Development Impact Fee shall be paid in full
upon issuance of a certificate of occupancy or final inspection, whichever occurs last.
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CHAPTER 9.68 AFFORDABLE HOUSING COMMERCIAL LINKAGE FEE
PROGRAM
9.68.040. Affordable Housing Mitigation Requirement.
Except as provided in Section 9.68.050, the developer of a Project shall pay an affordable
housing commercial linkage fee in accordance with the following:
A. Affordable Housing Commercial Linkage Fee. Fees shall be computed as
follows:
1. All nonresidential portions of a Project shall pay the following based on the
gross square footage of each use included in the proposed Project:
a. Retail: $9.75 square foot.
b. Office: $11.21 per square foot.
c. Hotel/Lodging: $3.07 per square foot.
d. Hospital: $6.15 per square foot.
e. Industrial: $7.53 per square foot.
f. Institutional: $10.23 per square foot.
g. Creative Office: $9.59 per square foot.
h. Medical Office: $6.89 per square foot.
2. The land use categories identified in paragraphs (a)—(h) above shall have
the following meanings:
a. Retail shall include: animal kennels and veterinary hospitals, auto
repair, car wash, retail and wholesale construction-related materials, nurseries and
garden centers, entertainment and recreational facilities, gas stations, art galleries,
nightclubs and bars, Personal services, Post-secondary educational facility,
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private studio, restaurants—fast food and cafes, restaurants—sit down, retail
durable goods, retail food and markets, retail mixed, and retail nonfood.
b. Office shall include: financial institutions and office, and general
office.
c. Hotel/Lodging shall include: hotels, motels and other overnight
accommodations.
d. Hospital shall include: full service hospitals.
e. Industrial shall include: surface or structured auto inventory storage,
City maintenance facilities and bus yards, heavy industrial and manufacturing, light
industrial, utilities, warehouse and self-storage, and wholesale distribution and
shipping.
f. Institutional shall include: educational and cultural facilities.
g. Creative Office shall include: offices, production spaces and work
spaces of establishments that are in the business of the development of creative
property, including but not limited to, advertising, architectural services,
broadcasting, communications, computer software design, entertainment,
engineering, graphic design, interior design, internet content, landscape design,
and similar uses.
h. Medical Office shall include: Medical office, including medical clinics,
and offices for medical professionals.
3. The amount of legally permitted nonresidential square footage to be
demolished in an existing building or structure, or to be removed from an outdoor area
used as part of a service station or for auto dealer sales, display and inventory storage,
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as a part of a Project shall be a credit in the calculation of the Affordable Housing
Commercial Linkage Fee. Outdoor area used as part of a gas station shall not include
setbacks, landscaping, parking and other paved areas used solely for access and
circulation. Credit shall be applied on a per square foot basis according to per square foot
fee assigned to the type of commercial use that existed on the site prior to the new Project
application submittal.
B.Timing of Fee Payment.
1.The project applicant shall pay fees according to the schedule of fees in
place on the date the fees are paid except that the project applicant for a project that has
vested rights under State or local law shall pay the applicable fees in accordance with
those vested rights.
2.The Affordable Housing Commercial Linkage Fee shall be paid in full upon
issuance of a certificate of occupancy or final inspection, whichever occurs last.
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Approved and adopted this 8th day of October, 2024.
_____________________________
Phil Brock, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Nikima S. Newsome, City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Ordinance No. 2792 (CCS) had its introduction on
September 24, 2024, and was adopted at the Santa Monica City Council meeting
held on October 8, 2024, by the following vote:
AYES: Councilmembers de la Torre, Torosis, Davis, Parra, Zwick,
Mayor Brock, Mayor Pro Tem Negrete
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________
Nikima S. Newsome, City Clerk Date
A summary of Ordinance No. 2792 (CCS) was duly published pursuant to
California Government Code Section 40806.
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10/9/2024