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O1452 (2) - _ _ _ _..... _-,-~_......___._______,:::,,~...~-,,_-... ._.~-,,-~__--"_."'L_.-. _._............ ._~._~_.~~-~<f__-__. " " City of Santa Monica . Zoning Ordinance )--~--. "- . Yt .... . INDEX ZONING ORDINANCE Subchapter 1. General Provisions.............................. 3 sect i on 9000. 1. . T i tl e. . . . . . . .. . . . . . . . . . . .. . .. . . . . . . . . . . . , .. . . ... 3 Section 9000.2. Purpose.................................... 3 Section 9000.3. Definitions................................ 4 section 9000.4. Number of Days.............................31 Section 9000.5. Rounding of Quantities.....................31 Subchapter 2. Establishment of Zoning Districts...............32 section 9001.1. Establishment of Districts.................32 section 9001.2. Adoption of District Map................... 33 . section 9001.3. Rules to Determine Appropriate District....33 Section 9001.4. Adoption of Overlay Dis~ricts..............34 Subchapter 3. General Requirements............................35 Section 9002.1. Section 9002.2 Section 9002.3. Section 9002.4. section 9002.5. section 9002.6. section 9002.7. section 9002.8. . section 9002.9. Application. . . . . . . . . . . .. . ., .. . . . . . . .. . . .. . . . .. . . . 35 Vested Rights... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Building Permits........................... 38 Zoning Conformance Review..................39 Use of Standard Industrial Classification (SIC) Manual................40 Conflict with Other Requlations............40 Compliance... ... .... ......... ....... ... ...., ..40 Compliance by City School District, and Other Agencies.. . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Neighborhood Impact statement..............41 - 1 - SubOhapter 4n Zoninq Districts and Uses.......................42 Subchapter 4A. Rl Single Family Residential Uses...............42 Section 9010.1. section 9010.2. Section 9010.3. Section 9010.4. Section 9010.5. section 9010.6. Section 9010.7. section 9010.8. . Purpose. . . . . . . . . .. . .. . . " . . . .. .. .. . . . . . . " .. . " .. . . . ,,42 PerIni tted Uses..." II- .. . .. " " " . . . . . . . . .. . .. " . . . . .. .. " 42 Uses Subject to Performance Standards Permit........................... 43 conditionally Permitted Uses...............43 prohibi tad Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . .43 property Development Standards.............44 Architectural Review.......................45 Substantial Remodel........................46 Subchapter 4B. R2R Low Density Duplex District.~..............47 section 9011.1. Section 9011.2. Section 9011.3. Section 9011.4. Section 9011.5. Section 9011~6. section 9011.7. Pu.rpose. . .. . . . " . . . . . . . .. . . .. . . " . . . . . . . . . " . . . " . 47 permi tted Uses....... . . . . . . . . . . . . . . . . . . . . . .47 . Uses Subject to Performance Standards Permit........................... 48 conditionally Permitted Uses...............48 prohibited Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . .48 property Development Standards.............48 Architectural Review.......................49 subchapter 4C. R2 Low Density Multiple Residential District..... .,..."."..............."... 11-..."......".". .50 Section 9012.1. Purpose. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .50 Section 9012.2. permitted Uses... . . . . ... . .. . . . . . . . . . . . . . . . .50 section 9012.3. Uses Subject to Performance Standards permit........................... 51 Section 9012.4. conditionally Permitted Use5...............51 . - 2 - ~Section~012.5. Prohibited Uses............................52 Section 9012.6. property Development Standards.............52 . Section 9012.7 Architectural Review.......................53 Subchapter 4D. R3 Medium Density Multiple Family Residential District........................... 54 Section 9013.1. Section 9013.2. Section 9013.3. Section 9013.4. Section 9013.5. Section 9013.6. Section 9013.7. Purpose tI .. . . . . . . . .. . . .. . .. . .. .. . " . .. It .. .. .. . . .. . " .. .. .. .. .54 Perm.itted Uses.. .. . . . . . . .. . . .. . " . . . . " .. . " lit . .. .. . ,,54 Uses Subject to Performance Standards Permit........................... 55 conditionally Permitted Uses...............55 Prohibited Uses........................... .56 - Property Development Standards.............56 Architectural Review.......................57 . Subchapter 4E. R4 High Density Multiple Family Residential District...........................58 Section 9014.1. Section 9014.2. section 9014.3. Section 9014.4 Section 9014.5. Section 9014.6. Section 9014.7. Subchapter 4F. RVC Section 9015.1 Section 9015.2. . Section 9015.3. Purpose. .. .. .. . .. .. .. . . . .. . .. . . .. .. . " .. .. .. .. . .. . " . .. . .. .. . .. .. 58 Pe-rmi tted Uses. . .. .. . . .. .. " .. . " .. . II .. . " " " .. . " .. " " . . ,,58 Uses Subject to Performance Standards Permit........................... 59 conditionally Permitted Uses................59 Prohibited Uses...... . . . . . . . .-. . . . . . . . . . . . . .60 Property Development Standards.............60 Architectural Review.......................61 Residential-visitor Commercial District....62 Purpose. " .. . . .. .. . " " .. " . . .. . " .. . " " " . " . . .. .. . .. " . " " .. " " 62 Permitted Uses" ill . . " " . " " . . II .. . " .. " " . " .. . II .. .. " " " " 62 Uses Subject to Performance Standards Permit........................... 64 - 3 - Section 9.015.4. section 9015.5. section 9015.6. section 9015.7. Subchapter 4G. BCD section 9016.1. section 9016.2. section 9016.3. Section 9016.4. section 9016.5. section 9016.6. section 9016.7. Subchapter 4H. C2 section 9017.1. section 9017.2. section 9017.3. section 9017.4. Section 9017.5. section 9017.6 section 9017.7. section 9017.8. Subchapter 4I. e3 section 9018.1. section 9018.2. Conditionally Permitted Uses...............64 Prohibited Uses.... . . . . . . . . . . . . . . . . . . . . . . . .65 Property Development Standards.............65 . Architectural Review.......................67 Broadway Commercial District...............68 Purpose. . . . . . . . . . . . . . . . . . . . . .. . . . . . '" .. . . " . . . . 68 Permitted Uses............................. 68 Uses Subject to Performance Standards Permit........................... 70 Conditionally Permitted Uses...............70 Prohibited Uge8............................70 Property Development Standards.............71 Architectural Review.......................73 Neighborhood Commercial District............74 . Purpose. " .. . . . . . . . " .. . . .. .. . .. . . .. . . . . .. .. .. . . . . . . . . 74 perm.i tted Uses......... . .. " " . . . . . . . .. . . .. . .. " . . . .. 74 Uses Subject to Performance Standards Permit........................... 75 Conditionally Permitted Uses...............76 Prohibi ted Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Property Development Standards.............77 Special Project Design and Development Standards..................79 Architectural Review.......................79 Downtown Commercial District................80 Purpose. .. . . . . . .. . .. . .. . . . .. . .. .. .. " . .. . . .. . " .. .. " . " .. . . 80 Permitted Uses.... . . " . .. . . .. . . " . . . . .. " " .. . . . " .. . 80 . - 4 - ~ection 2018.3. Uses Subject to Performance standards Permit........................... 82 . Section 9018.4. Conditionally Permitted Uses...............82 section 9018.5. Prohibited Uses............................83 Section 901S.6. Property Development Standards.............83 Section 901S.7. Architectural Review.......................85 Subchapter 4J. C3-C Downtown Overlay District................86 Section 9019.'1. Section 9019.2. section 9019.3. Section 9019.4. section 9019.5. section 9019.6. . section 9019.7. section 9019.8. Subchapter 4K. C4 Section 9020.1. Section 9020.2. Section 9020.3. Section 9020.4. section 9020.5. Section 9020.6. Section 9020.7. . Purpose. . . . . . . . . . . . . . . .. . . . . . . . . . . . . III .. . . III . . . 86 Perm.i tted Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Uses Subject to Performance Standards Permit...........................88 Conditionally Permitted Uses...............S8 Prohibited Uses............................ 89 Property Development Standards.............89 special Project Design and Development Standards......................89 Architectural Review.......................89 Highway Commercial District.................91 Purpose. . .. .. ,. . . . '" .. III . . .. . . . . . . . III . . . III . . . . . . . . . . 91 perm.i tted Uses.... '" . . . . .. . . . . . . . . . . . . . . . . III .. .. 91 Uses Subject to Performance Standards Permit........................... 93 Conditionally Permitted Uses...............93 Prohibited Uses... . . . . . . . . . . . . . . . . . . . . . . . . .94 Property Development Standards.............94 Architectural Review.......................98 - 5 - Sub~apter 4t.. C5 Section 9021.1. Section 9021.2. section 9021.3. section 9021.4. Section 9021.5. Section 9021.6. Section 9021.7. subchapter 4M. C6 Section 9022.1. Section 9022.2. Section 9022.3. Section 9022.4. Section 9022.5. Section 9022.6. Section 9022.7. Special Office Commercial District..........99 Pu~ose. . . . .. . . . . . . . . . II .. .. . . . .. . . . II' . . . . .. .. . . . .. . 99 . permitted Uses... .. .. . . . .. . . .. . . . . . , . . .. . . . . . . . . 99 Uses Subject to Performance Standards Permit..........................1 0 0 conditionally Permitted Uses..............100 Prohibited Uses...........................102 Property Development Standards............102 Architectural Review......................104 Boulevard commercial Dlstrict..............l05 Purpose. . . . .. . . . .. .. . .. .. . . . . .. .. . . . . . . . .. '0 . . . . . .. .105 Permitted Uses........................... .105 Uses Subject to Performance Standards Permit.......................... 107 conditionally Permitted Uses..............107 . prohibited Uses............ . . . . . . . . . . . . . . .107 Property Development Standards............l08 Architectural Review......................1l0 Subchapter 4N. CM Main street Special commercial District....lll Section 9023.1. Section 9023.2. Section 9023.3. Section 9023.4. Section 9023.5. Section 9023.6. Section 9023.7 Purpose. . . . . . . . . . . . .. . . .. . . . . .. .. . . . . . . . . . . . '* .111 Permitted Uses....... . . . . . . . . . . . . . . . . . . . . .111 Uses Subject to Performance Standards Permit..........................113 conditionally Permitted Uses..............1l3 Prohibited Uses...........................114 Property Development Standards............llS special Project Design and . Development Standards.....................118 - 6 - . S~hapter .40. CP section 9024.1. section 9024.2. section 9024.3. section 9024.4. Section 9024.5. section 9024.6. Section 9024.7. section 9024.8 Subchapter 4P. CC Section 9025.1 section 9025.2. section 9025.3. section 9025.4. section 9025.5. Section 9025.6. section 9025.7. Subchapter 4Q. Ml Section 9030.1. Section 9030.2. Section 9030.3. Section 9030.4. Section 9030.5. section 9030.6. . . commercial Professional District...........122 ~rpose. .. . . . . . . . . . . . . . .. . . .. . . . . . . .. . . .. . . . . . .. 122 Permitted Uses....... . . . . . . . . . . . . . . . . . . . . .122 Uses Subject to Performance standards Permit.......................... 123 Conditionally Permitted Uses..............123 Prohibited Uses.......................... .124 Property Development standards............124 Architectural Review......................127 Non-Conforminq Hospital Buildinq..........128 Civic Center District......................129 Purpose. . . . . . . . .. . .. .. . .. . . . . . . .. .. . . . . . . .. . . . . .. . .129 Permitted Uses............................ 129 Uses Subject to Performance Standards Perm1t..........................130 Conditionally Permitted Uses..............130 Prohib i ted Uses.. . . . . . . . . . . . . . . . . . . . . . . . . . 130 Property Development Standards............130 Architectural Review...................... Industrial Conservation District...........13l Purpose.. . . .. . . . . . .. . . . . .. . . . . . . . .. .. . . . . . . .. . . . . 131 Permitted Uses............................ 131 Uses Subject to Performance Standards Permit......................... .134 Conditionally Permitted U8es..............134 Prohibited Uses...........................135 Property Development Standards............135 - 7 - section 94030.7. Subchapter 4R. PL section 9031.1 section 9031.2. Section 9031.3. Section 9031.4. Section 9031.5. Section 9031.6. section 9031.7. Architectural Review......................138 Public Lands District......................139 . Purpose. . . . .. . . . . .. . . . . .. . . . . . .. . III III .. . .. . .. ~ . . . .. . . 139 PerIni tted Uses......... III . . . . .. . . .. . . . . . . . . . . . . . 139 Uses Subject to Performance Standards Permit.......................... 140 conditionally Permitted Use~..............140 prohibi tad Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . 140 Property Development Standards............140 Architectural Review......................l4l Subchapter 4S. A Off-Street Parking OVerlay oistrict.........142 section 9032.1. Purpose.................................. .142 section 9032.2. Applicability.............................142 section 9032.3. Permitted Uses............................142 . section 9032.4. Uses Subject to Performance Standards Permit.......................... 143 section 9032.5. conditionally Permitted Uses..............143 Section 9032.6. Prohibited Uses...........................143 Section 9032.7. Property Development Standards for Non-Parking Uses......................144 Section 9032.8. Development Standards for Below Grade Parking Structure Facilities.................................144 Section 9032.9. special Design standards for All Parking Facilities....................144 Section 9032.10. Architectural Review.....................145 subchapter 4T. N Neighborhood Commercial-Overlay District....146 section 9033.1. Purpose.................................. .146 . - 8 - l.,section .9033.2. section 9033.3. . section 9033.4. section 9033.5. section 9033.6. section 9033.7. Permitted Uses....... . ........ .... ....... .146 Uses Subject to Performance standards Permit.......................... 147 Conditionally Permitted Uses..............147 Prohibi ted Uses........ . . . . . . . . . . . . . . . . . . . 147 Property Development Standards............148 Architectural Review......................148 Subchapter 5. Project Desiqn and Development Standards.......151 Subchapter SA. General Requirements..........................151 section 9040.1. Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .151 Section 9040.2. Applicability.............................151 section 9040.3. Buildinq Heiqht and Exceptions to Height Limit.......................... .151 section 9040.4. Buildinq Volume Envelope..................152 . Section 9040.5. Build to Line.............................153 section 9040.6. Floor Setbacks in commercial and Industrial Buildings......................153 section 9040.7. Reflective Materials......................153 section 9040.8. Fence, Wall, Hedge, Flagpole..............154 Section 9040.9. Hazardous Visual Obstructions.............156 section 9040.10 One story Accessory Building (14' Maximum Heiqht)......................156 section 9040.11. Accessory Buildinqs Over One story or, 14 Feet......................... .158 section 9040.12. soreeninq of Commercial Uses..............158 section 9040.13. Screening storage Areas...................159 section 9040.14. screening Mechanical Equipment............159 section 9040.15. Refuse and Screeninq of Refuse storage Areas.. .. . . . . . .. " .. . . . . . . . . " . . . " . .. . .. .. 159 . section 9040.16. Drainage................................. .160 - 9 - section 9640.17. Unexcavated Area in side Yards............160 section 9040.18. Projections Permitted into Required Yards.161 Section 9040.19. Building Additions Extendinq . Into Required Side Yard...................162 section 9040.20. Manufactured Owellings....................163 Section 9040.21. Relocated Buildings.......................164 Section 9040.22. Solar Energy Desiqn Standards.............164 section 9040.23. Parcel Area for Residential Density Calculations and Rear Yard Depth Includes One-Half Alley Dimension.........166 Section 9040.24. Dwelling Unit Density Calculation.........166 Section 9040.25. Parcel Coverage Calculation...............166 section 9040.26. Through Parcel May be Two Parcels.........167 Section 9040.27. Lighting.................................. 167 Section 9040.28. Glare..................................... 168 Section 9040.29. signs.................................... .168 Section 9040.30. Humidity, Heat and C01d...................168 . section 9040.31. Sound.................................... .168 Section 9040.32. Storage.................................. .168 section 9040.33. Vibration................................ .169 section 9040.34. Permitted Outdoor Uses....................169 section 9040.35. Calculating Floor Area....................170 Section 9040.36. Rear Yard Setbacks........................170 section 9040.37. Front Yard Setback on Walkstreets.........170 ~ Section 9040.38. ventilation in Restaurants................170 Subchapter SB. Landscaping Standards.........................173 Section 9041.1. Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .173 Section 9041.2 Applicability.............................l73 Section 9041.6. Required Landscape Area for Building site.173 . - 10 - "'it t'..... Sec ~on 9041.7. . Required Landscape Area and Lighting f~r Surface Parkinq Lots and Other Vehicular Use Areas.......................l74 Section 9041.8. Landscape Screening and Buffering of Commercial, Industrial, and Parkinq Uses from Residential Uses................175 section 9041.9. Screening of Automobile Dea1erships.......l?7 Section 9041.10. Landscape Maintenance and Protection......178 Section 9041.11. Water Conservation Landscaping............179 subchapter 5C. parabolic Antenna Regulations.................181 Section 9043.1. Purpose. .... ................... ... .. .. ... .181 Section 9043.2. Applicability.............................181 Section 9043.3. Design Standards for TVRO and Microwave antennas Located in Residential Districts..................l8l Section 9043.4 . Section 9043.5 Section 9043.6 Design Standards for TVRO and Microwave Antennas Located in Commercial and Industrial Districts.......183 Satellite Uplink Antennas.................185 Stand Alone Antenna.......................18S Subchapter SE. Off-Street Parking Requirements...............186 section 9044.1. Section 9044.2. Section 9044.3. Section 9044.4. Section 9044.5. Section 9044.6. Section 9044.7. . Section 9044.8. Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 Appl icabil i ty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 General Provisions........................186 NUmber of Parking spaces Required.........189 Reduction of Requirements.................198 Oesign standards..........................199 Access to Parking Lots and structures in All Districts..........................200 Parking Access in Multiple Family Residential Oistrict...............200 - 11 - '. ... Section 9044.9. section 9044.10. section 9044.11. section 9044.12. Section 9044.13. Section 9044.14. section 9044.15. section 9044.16. section 9044.17. Section 9044.18. Parkinq Access in Non-Residential Districts.................................201 . Dr.1 veways" " . . . . . . . . . " . . . . . .. . . . " " . " " . " " . . " " 202 . surfacinq" " . . . . . " . " " " " . " .. . " " " " . " . " " " " . " . " .204 Marking of Parking Spaces.................204 Bumper Guards........ . . . . . . . . . . . . . . . . . . . . . 204 Lightinq. " " " . . " . . . " . " . . . . . . . . . . .. . . " " . " . . . " 204 Landscapinq" . " " " " " " " . . " . " " " .. . " " . " " . " " . " . " .204 Screeninq.. " " " " . " " . " . . . .. . . . . " . " " " " .. " " .. " " " " ,,205 Slop e" " " . . . . . " .. . " " . " . .. . . " " . . . " " " . .. .. " " . " " . . 2 05 Orainaqe..................................205 section 9044.19. Location of Required Parking Spaces.......205 section 9044.20. Subterranean Parking structures...........207 section 9044.21. Semi-Subterranean Parking Structures......207 section 9044.22 Use of Required Off-Street Parking Spaces............................ 208 .. Subchapter 5F. Off-Street Loading Requirements...............209 section 9045.1. Purpose.................................. .209 section 9045.2. Applicability.............................209 section 9045.3. General Provisions........................209 Subchapter 5G. project Mitigation Measures...................213 Section 9046.1. Project Mi~igation Measures................213 section 9046.2. In-Lieu Fees............................... 213 section 9046.3. On-Site or off-Site Development.............214 Section 9046.4 Use of In-L~eu Fees........................218 . - 12 - __'k .... SUDchapter 5H. . Density Bonuses...............................220 section 9047.01. [Reserved for Future Use]................220 subchapter 5I. Demolitions.................................. .221 Section 9048.1. Demolition of Buildings and structures....221 Subchapter 5J. AlcoholOutlets...............................223 section 9049.1. Purpose and Findinqs......................223 Section 9049.2. Applicability.............................224 Section 9049.3. Approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .224 Section 9049.4. Exemptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .225 Subchapter 6. Performance Standards..........................227 Section 9050.1. . Section 9050.2. section 9050.3. Section 9050.4. Section 9050.5. Section 9050.6. Section 9050.7. Section 9050.8. Section 9050.9. Section 9050.10 'PUrpose. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . II' 227 Appl icabil i ty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227 Large Family Day Care Homes...............228 Automobile Dealerships....................2J1 Automobile Rental Agencies................238 Private Tennis Courts.....................242 senior Group Housinq......................244 One story Accessory Living quarters.......246 Game Arcades...... . . . . . . . . . . . . . . . . . . . . . . . . 248 One story Accessory Buildings Over 16 Feet in Height or Two story Accessory Buildings with a Maximum Height of 24 feet...............251 Section 9050.11 Residential Uses in Commercial Districts. . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . .. . .254 . Section 9050.12 sidewalk Cafes............................256 section 9050.13 Service stations..........................258 - 13 - 1" .... Section 9050.14 Shelter for the Homeless..................266 Subchapter 7. Special Conditions for Conditional Uses........269 Section 9055.1. Section 9055.2. section 9055.3. Section 9055.4. Section 9055.5. Section 9055.6. Section 9055.7. Section 9055.9. Section 9055.10. Section 9055.11. section 9055.12 . Purpose. . . . . .. .. .. .. .. .. . . . .. .. . .. . .. . .. . . .. . . . . . .. . .. . .. 269 Appl icabil i ty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269 Child Day Care Centers in Residential Districts.....................270 service stations.......................... 272 Automobile Repair Facilities..............280 Automobile Dealerships in the C5 and C6 Districts.......................284 Automobile Rental Agencies in the CS, C6 and CC Districts...................291 Neighborhood Grocery Stores in Multiple Family Residential Districts.....295 Drive-In, Drive-Through, Fast- Food, and Take-Out Restaurants............297 Self-Service storage Warehouse............299 . One-story Accessory Buildings Over 14 Feet in Height or Two story Accessory Buildings With a Maximum Height of 24 Feet.................300 Subchapter 8. Condominiums. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302 section 9060.1. Purpose.. .... ............... .... ... .......302 Section 9060.2. Applicability.............................302 Section 9060.3. Minimum Requirements......................302 Subchapter SB. Condominium Conversions.......................306 Section 9061.1. Condominium Conversions...................306 Section 9061.2. Office, commercial, and Industrial Condominiums...................309 . - 14 - sutchapter....9. Nonconforming Buildings and Uses...............310 . section 9080.1. section 9080.2. section 9080.3. section 9080.4. Section 9080.5. section 9080.6. section 9080..7. Section 9080.8 Purpose. .. . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . .. . . II- 310 Legal, Nonconforming Buildings............3l0 Legal, Nonconforming Uses. . . n.. . .. .... ...313 Termination of Nonforming Buildings and Uses......... . . . . . . . . . . . . . . .314 ~' Public utility Exceptions.................3l6 Building P~rmits or Certificates o~,pccupancy Prohibited...................316 Removal of Illegal Nonconforming Buildings and Uses........................317 continution of Nonconforming Uses.........317 Subchapter 10. Zoning Administration.........................3l8 Subchapter lOA. General Provisions...........................318 . Section 9100. 1. Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .318 Section 9100.2. Authority. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .318 Section 9100.3. -rnte,rpretation............................319 -....-.--. -~...- Subchapter lOB. Home Occupation Permits......................320 section 9110.1. Section 9110.2. Section 9110.3. section 9110.4. Section 9110.5. section 9110.6. Pu.rpose. . . . . . . .. .. . .. . . .. . . . . . . . ., .. . . . . . . . .. . . . . 320 . i . Perm~ t Requ red........................... 320 . d' F.1n 1ngs........................................ 321 Prohibited Home Occupation Uses...........323 Revocation. .. . .. . .. .. . . . . .. .. . .. .. .. .. .. . .. . .. .. . . .. . .. . . .. 324 Appeal. .. .. . .. . . . . . .. . .. . .. .. . . . . .. . . . .. . . .. . . . . . .. . . 325 Subchapter 10C. Temporary Use Permits........................326 . Section 9111.1. Pu.rpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .326 - 15 - 'I; " section 9111.2. Permitted Uses. . .. . . . . . . . . . . . . . . . . . .. . . . . . . .326 Section 9111.3. Permit Required. . . . . . . . . . . . . . . . . . . . . . . . . . .327 section 9111.4. Findings........ . . . . . . . . . . . . . . .. . . . . . . . . .. . .328 . Section 9111.5. Conditions of Approval. .. . . . . . . . . . . . . . . . . . .329 Section 9111.6. Revocation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .331 section 9111.7. Appeal. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .332 section 9111.8. Notice. . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . .332 Subchapter 100. section 9112.1. section 9112.2. Section 9112.3. Section 9112.4. Section 9112.5. section 9112.6. Subchapter 10E. Section 9113.1. Section 9113.2. Section 9113.3. section 9113.4. Section 9113.5. Section 9113.6. section 9113.7. Section 9113.8. Subchapter 10F. Section 9114.1. Performance Standards Permit.................333 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .333 Permit Required. . . . . . . . . . . . . . . . . . . . . . . . . . .333 Findings............ . . . . . . . . . . . . . . . . . . . . ..333 Commencement of Use. . . . . . . . . .. . . . . . . . . . . . . .334 Revocation. . . . . . . . . . . . ~ . . . . . . . . . . . . . . .. . . . .334 Appeals.... .335 . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . Variances. . . . . . . . . . '" . . . . . . . . . . . . . . . .. . . . . .. * . .. . 336 Purpose. . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . .. . .336 Application. . . . . . . . . II- . . . . . . . . . . . . . . . . . . . ..336 Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 336 Hearings and Notice. . . . . . . . . . . . . . . . . . . . . . .337 Findings............ . . . . . . . . . . . . . . . . . . . . . .337 Commence~ent of Use. . . . . . . . . . . . . . . . . .. .. . . ..339 Revocation. . . .. . . . . . . . . . . . . . . . . II- . . .. . . . . . .. ..339 Appeals.... . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . ..340 Conditional Use Permits......................341 Purpose. . . . . . .. . . .. . . . .. .. . .. . . .. .. . .. . . . . . . . . . . . . 341 . 16 - 'f; .. section 9114.2. . section 9114.3. section 9114.4. section 9114.5. section 9114.6. section 9114.7. section 9114.8. Subchaptez: lOG. Section 9115.1. Section 9115.2. section 9115.3. section 9115.4. section 9115.5. . section 9115.6. section 9115.7. Application. . . . . . . . III. . . " . . .. . " '" " . . . . " . " " " " ,,341 Hearing and Notice........................341 Findings........""...."".".""".""""..,..,,,,,,,,,,,,, .342 Conditions................................343 Commencement of Use.......................344 Revoca t i on" . . . . " . . " " .. . . " .. . " . " " It " " " " . " " . " III ,,3 44 Appeals."..."....." ... lit"" "". """ ""... ""..""" ".." 345 Development Review Permit....................346 Purpose. . . . . . . . .. .. " " .. . " " . " " " " .. . .. " " . " . . . " " .. .. 346 Application. " " . . . " . .. . " " " . .. . .. III " .. .. " " . " " . " " " .. 346 Hearing and Notice........................346 Findings" . . . " . . .. . . . .. . " . " .. " " . .. . " " " " . " .. . .. " .. . 347 Commencement of Use.......................348 Revoca t ion. . .. " .. .. .. .. .. " III .. . " " . .. . " .. . " . . " . . " .. . .. " 3 4 8 Appeal s. . " . . . . . . " .. . . . " . " " .. .. . . . . " " .. .. .. " " . .. .. " 3 4 9 Subchapter 10H. Amendments of Comprehensive Land Use and Zoning Ordinance.....................350 section 9120.1. section 9120.2. section 9120.3. section 9120.4. Section 9120.5. section 9120.6. Subchapter 10I. . section 9121.1. Purp 0 s e III . . . . . . . .. . . . . .. . . . . .. . III . . . . . .. . .. . . . . .. . 3 50 Initiation................................350 . d' FJ..n ~n9s........ It- . . .. . III .. . . III . . . .. . .. .. . . . . . . .. . . .351 Hearing and Notice........................351 Appeals. . . . . . . . . . . . . . . . .. . . . . . . . . III . . . . . . .. . . 352 Interim Zoning............................ 352 General and Specific Plans...................353 Purpose. . . . . . . . . III .. . . . . III . . . III *' . . . . . . . . . . . .. . . J 5 3 section 9121.2. Contents of the General Plan..............354 - 17 - l/f ..... Section 9121.3. Section 9121.4. Section 9121.5. Section 9121.6. section 9121.7. section 9121.8. Preparation and Adoption of the General Plan....................... 354 Planning commission Action................355 ci ty Council Action....................... 356 Amendments to the General Plan............356 . Restriction of Number of Amendments.......J56 Initiation of Amendments to the General Plan..........................J57 Section 9121.9. Planning Commission Action on Amendments..358 section 9121.10. City Council Action on Amendments.........359 Section 9121.11. Administration of the General Plan........359 Section 9121.12 Fees... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .359 section 9121.13. Specific Plans............................359 Section 9121.14. Contents of Specific Plans................360 Section 9121.15 Specific Plan criteria....................361 section 9121.16. Specific Plan Adoption and Amendment......361 Section 9121.17. Fees and charges..........................361 . Subchapter 103. Application and Fees.........................363 Section 9130.1. Section 9131.2. Section 91JO.3. Section 91JO.4. Section 9130.5. section 9130.6. Section 9130.7 section 9130.8 Purpose. . . . .. . . .. . . . .. . . . . . . . .. . . . . . . . . " . . . . . . 363 Application Forms......................... 363 Determination of Completeness.............363 Additional Information....................366 Fee s. . . . .,.. II . . . . . . . .. . . .. . . .. . . . . . . . . . . . . . . . . . 3 6 6 Who May File Application..................366 Applicant Notification....................366 Posting of Property.......................367 . - 18 - '~ ~ subchapter 10K. Hearing Procedures...........................368 . Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .368 . . Section 9131.1. section 9131.2. section 9131.3. section 9131.4. section 9131.5. section 9131.7. section 9131.8. Section 9131.9. section 9131.10. section 9131.11. section 9131.12. section 9131.13. Section 9131.14. Planning commission consideration of zoning Administrator Permits...........368 Environmental Review Determination........368 Public Hearing Date...................... .368 Notice of Hearings........................ 369 St~tement of Official Action..............370 Notice of Statement of Official Action. . . . *' . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 370 Effective Date of Decision................371 Time Limit for Approving Applications.....371 Extension of Deadline for Action..........371 Request for Delay or continue consideration of an Application...........371 Reapplication. . . . . . . . . . . . . . . . . . . . . . . . . . . . .373 Amendments to Approved Projects and Conditions of Approval................373 Subchapter 10L. Appeals...................................... 374 section 9132.1. Appeal of Action..........................374 Section 9132.2. Filing of Appeals.........................374 Section 9132.3. Appeal Hearings...........................375 section 9132.4. Effecti~e Date of Appealed Actions........375 section 9132.5. Appeal Fees...............................375 Subchapter IOM. Reduced Parking Permits......................376 section 9133.1. Purpose.................................. .376 section 9133. 2 . Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 376 section 9133.3. Applicability.............................376 section 9133.4. Hearings and Notice.......................377 - 19 - lection 9133.5. Commencement of Use.......................378 Section 9133. 6. Revocation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378 Section 9133.7. Appeals................................... 379 . Subchapter 10N. Administrative Approvals.....................380 section 9134.1. Section 9134.2. section 9134.3. Section 9134.4. Section 9134.5 Subchapter 10 O. section 9150.1. Section 9150.2. Section 9150.3. Section 9150.4. Section 9150.5. Section 9150.6. Section 9150.7. Section 9150.8. Purpose.................................... .380 permi t Required........................... 380 Commencement of Use.......................380 Revocation. . . . . . . .. . . . . . . . . .. . .. . .. .. . . . . .. . . .. . . 380 Appeals.. . .. .. .. .. .. .. . . .. . . . . .. . . . . . . . . .. . . .. . .. . .. . . .382 Enforcement........................................ .383 Purpose...... . ...... ......... ...... .... ..........383 Responsibility............................383 Violation of Conditions of Approval.......383 Each Day Separate Violation...............384 Enforcement. . . . . . .. .. . .. . .. .. . . .. . .. . . . . . .. .. . .. . . . .384 Business License Revocation...............384 Enforcement Fees..........................386 Citations. . .. .. .. . .. . .. .. .. . .. .. .. . .. . .. .. . . . .. .. .. .. .. .. . . . .388 - 20 - . . . . . 'Ii- .... CA:RMM:rmd745/hpca city council Meeting 8-9-88 Santa Monica, California ORDINANCE NUMBER 1452(CCS) (city Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE SANTA MONICA MUNICIPAL CODE BY REPEALING CHAPTER 1 OF ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE AND SECTION 9516 OF THE SANTA MONICA MUNICIPAL CODE AND ADDING A NEW CHAPTER 1 TO ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE TO ADOPT A COMPREHENSIVE LAND USE AND ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 1 of Article IX of the Santa Monica Municipal Code, consisting of sections 9100 to 9158, inclusive, and Section 9516 of the Santa Monica Municipal Code are hereby repealed, provided: (a) The repeal of said Sections shall not in any manner affect the prosecution for violations thereof, which violations were committed prior to the effective date hereof, nor shall the repeal of said Sections affect any prosecution or action which may be pending or may hereinafter be filed in any court for the violation of any of the provisions of said section. As to any such violations of any of said sections and as to any such prosecution or pending prosecution or action, said sections and each of them shall be deemed to continue and be in full force and effect. -1- . . . \t .... (b) Said sections and each of them shall be deemed to continue and be in full force and effect as to any application not subject to the Comprehensive Land Use and Zoning Ordinance adopted pursuant to section 2 of this Ordinance by reason of section 9002.2 thereof. SECTION 2 . The Santa Monica Municipal Code hereby is amended by adding a new Chapter 1 to Article IX thereof to consist of Sections 9000. 1 to 9150.8, incl us i ve. Insofar as these provisions are substantially the same as existing provisions of Chapter 1 of Article IX relating to the same subj ect matter, these provisions shall be construed as restatements and continuations and not as new enactments. Chapter 1 is added to Article IX of the Santa Monica Municipal Code to read as follows: -2- ... .... Subchapter 1. General Provisions. . Section 9000.1. Title. This Chapter shall be known as the "ci ty or Santa Monica comprehensive Land Use and Zoning Ordinance." . . section 9000.2. Purpose. The purpose of this Chapter is: (a) To guide growth and development of the ci ty in an Orderly manner consistent with the goals, objectives, and policies of the Santa Monica General Plan. (b) To protect and enhance the quality of the natural and built environment. (c) To protect the quality of life for all residents. (d) To ensure adequate park and public open space. (e) To provide stable and desirable residential neighborhoods. (f) To assure easy access to coastal resources, well maintained parks, and attractive streets. (9) To promote viable commercial and industrial enterprises. (h) To provide diverse employment opportunities. ( i) To protect and improve tourist and vis! tor serving facilities and services. (j) To generate community identity with a vibrant downtown and civic center. (k) To provide for citizen participation in the development decision-making process. (l) To promote the public health, safety, and general - 3 - wel~re by ....regulating the location and use of buildings, structures, and land for residential, commercial, industrial, recreational, and other specified uses. . Section 9000.3. Definitions. The following words or phrases as used in this Chapter shall have the following meanings: Accessory Buildinq. A detached building which is located on the same lot as the principal building and is incidental and subordinate to the principal building in terms of both size and use. Accessory Livinq quarters. Living quarters within an accessory building for the sole use of persons employed on the premises or for use by guests of the occupants of the premises. Such quarters shall not have cooking facilities and shall not be rented or used as a separate dwelling. Accessory Use. A use of land or of a building or a portion of the land or building incidental and subordinate to the principal use of the land or building and located on the same lot as the principal use. Act of Nature. A natural occurrence such as an earthquake, flood, tidal wave, hurricane or tornado which causes substantial damage to buildings or property. Altered Grade. A change in the elevation of the ground surface from its natural state due to grading, excavation or filling. Arcade. A public passageway or colonnade open along at least one side, -except for structural supports, usually covered by a canopy or permanent roofing. - 4 - . . . . . ~ Art Gallery. A room or structure in which original works of art or limited editions of original art are bought, sold, loaned, appraised, or exhibited to the general public. Artist studio. A room or structure in which original works of art are created on site. Living quarters for the artist may be permitted provided the area devoted to living quarters does not exceed 50% of the square footage of the total studio space. Attic. The area located above the ceiling of the top story and below the roof and not usable as habitable or commercial space. Auditorium. A building or room designed to accomlnodate groups of people for meetings, performances or events. Automobile Center. A grouping of individual automobile dealerships offering a variety of automobile makes and models proposed as a single development project. Automobile Dealership. Any business establishment which sells or leases new or used automobiles, trucks, vans, trailers, recreational vehicles, boats or motorcycles or other similar motorized transportation vehicles. An automobile dealership may maintain an inventory of the vehicles for sale or lease either on-site or at a nearby location and may provide on-site facilities for the repair and service of the vehicles sold or leased by the dealership. AutomObile Display Lot. Any property used for the display, lease and sale of new or used automobiles, light trucks, vans, trailers, recreational vehicles, motorcycles, boats or other similar vehicles. Automobile Repair Facility. Any building, structure, - 5 - t,t ..... improvements or land used for the repair and maintenance of automobiles, motorcycles, and trucks including but not limited to body, fender, muffler, or upholstery work, oil change and . lubrication, painting, tire service and sales, or the installation of CB radios, car alarms, stereo equipment, or cellular telephones. Automobile Sales Facility. See Automobile Dealership. Automobile Storage Lot. Any property used for short or long term parkinq of vehicles for sale or lease at an automobile dealership. Automobile Washing Facility. Any building, structure, improvement or land principally used for washing motor vehicles. Automobile Rental Agency. Any business establishment which rents or otherwise provides motorized transportation vehicles on a short-term basis typically for periods of less than one month, and which maintains such vehicles on-site or at a nearby . location. For the purpose of this Chapter, rental of trucks exceeding one ton capaci ty or rental of other heavy equipment shall constitute distinct uses separate from an automobile rental agency. Average Natural Grade. The averaqe elevation of the ground level of the parcel surface in its natural state as measured from the corners of the parcel. Awninq. A temporary shelter supported entirely from the exterior wall of a buildinq. Awnings may be fixed or collapsible, retractable, or capable of beinq folded against the face of the supporting building. Balcony. A platform that proj ects from the wall of a . - 6 - . it ..... bU1lding and is surrounded on the exposed sides by a railing or wall up to 42 inches in height. Basement. The portion of a structure below the finished A basement shall be considered a story if the first floor. finished first floor extends more than 3 feet above the average natural grade. Bed and Breakfast Facility. A building or portion of a building used as a temporary lodging p~ace for individuals which does not have more than four guest rooms and one kitchen. Bedroom. A private room planned and intended for sleeping, separated from other rooms by a door and accessible to a bathroom without crossing another bedroom. Boarding House. A residential building with common cooking and eating facilities where a room or any portion of a room is . rented to a person or persons unrelated to the person renting the room. 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 of any kind or nature. Building Bulk. making up a building. Building Coverage. The horizontal area measured within ~e The aggregate of three dimensional forms perimeter of the exterior walls of the ground floor or upper floors that overhang the ground floor of all principal and accessory buildings on a parcel. Building Height. The vertical distance measured from the . existing average natural grade to the highest point of the roof. - 7 - 'It ..... Building- Mass. Three dimensional forms, the simplest of which are cubes, boxes, cylinders, pyramids and cones. A building is rarely only one of these simple forms, and is . generally a composite of these forms. Building, Principal. A building in which the principal use of the parcel on which it is located is conducted. Building size. The aggregate of building mass and building bulk permitted on a parcel which is defined by height regulations, setbacks, and other property development standards. Canopy. A roof-like cover that projects from the wall of a building for the purpose of shielding a doorway, window or wall from the elements. Change of Use. The establishment of a different use from the previous use. A change of ownership for continuation of an existing use does not constitute a change of use. Child Day Care Center. Any child day care facility, other than a family day care home, that provides care, protection, and supervision for more than six children for periods less than 24 hours per day and where the owner or operator does not reside at . the child day care establishment. Child day care centers shall include infant centers, preschools, nursery schools, and extended day care facilities. Church. See Place of Worship definition. cinema. A motion picture theater where the primary use is to show motion or video pictures and to which admission is free or a fee is charged, received or collected, either by the sale of tickets or by any other means or device by which money or something of value is received or paid therefor. . - 8 - . . . ~ Club...... A group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution or by-laws. Community Care Facility. Any facility, place, or building which is maintained and operated to provide non-medical residential care, adult day care, or home finding agency services for children, adults, or children and adults including J;lut not limited to the physically handicapped, mentally impaired, or incompetent persons, and includes the following: (1) "Residential Care Facility" means any family home, group care facility for 24-hour non-medical care to persons 18 years of age or older in need of personal services, supervision, or assistances essential for sustaining the activities of daily living or for the protection of the individual. (2) "Adult Day Care Facility" means any facility which provides non-medical care to persons l8 years of age or older in need of assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Conditional Use Permit. A discretionary permit obtained in accordance with Subchapter lOF, permitting the establishment of particular uses in a zoning~istrict. CUltural Facilities. Museums, galleries, theaters and the like, which promote educational and aesthetic interest within a community. Drive-Through or Drive-In Restaurant. A restaurant where customers may be served food in their vehicles for consumption - 9 - .. .... either on or off the site. Duplex. One structure on a single parcel containing two dwelling units, each of which is functionally separated from the . other. Dwelling. A structure or portion thereof which is used principally for residential occupancy. Dwellinq, Multi-Family. A dwelling containing two or more dwelling units. Dwelling, Single-Family. A building containinq one dwelling unit which contains only one kitchen and which is located on a permanent foundation. Dwellinq Unit. One or more rooms, designed, occupied; or intended for occupancy as separate living quarters, wi th full cooking, sleeping, and bathroom facilities for the exclusive use of a single household. Dwelling Unit, Efficiency. A dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and bathroom facilities. . Electric Distribution Substation. An assembly of equipment which could include fuel cells and microwave, cable, radio and/or other communication facilities as part of a system for distribution of electric power where electric energy is normally received at a sub-transmission voltage and transformed to a lower voltage, and/or produced at this lower voltage in case a fuel cell is installed, for distribution to the customer. Facade. The exterior side of a building. Fast-Food or Take-Out Restaurant. A restaurant where customers purchase food at a walk-up window or counter and either . - 10 - . . cd~sume the food on the premises within a short period of time or take the food off the premises. A restaurant shall not be considered a fast-food or take-out restaurant solely on the basis of incidental or occasional take-out sales. Fence. A barrier of any material or combination of materials functioning as an enclosure or for screening. Fence Height. The vertical distance between the ground and top of a fence measured from the existing grade. The height shall be measured in a continuum at each point along the fence. Finished First Floor. The top of the first floor of a structure which does not extend more than 3 feet above the average natural grade. Floor Area. The total gross horizontal areas of all floors of a building, including usable basements below the roof and measured from the interior face of exterior walls, or a wall separating two buildings excluding: (1) Stairways and stairwells. (2) Elevators, elevator equipment rooms, and elevator shafts. (3) Ramps to a subterranean or semi-subterranean parking structure or ramps between floors of a parking structure providing the ramp does not accommodate parking. (4) Unenclosed decks, balconies, and platforms not used for commercial or restaurant activity. (5) Exterior courtyards, arcades, atria, paseos, walkways, and corridors whether or not covered by a roof provided they are not used for commercial or restaurant activity. . (6) The volume above interior courtyards, atria, - II - 'it Po paseos, walkways, and corridors whether covered or not. (7) Subterranean and semi-subterranean parking structures used exclusively for parking and loading and . unloading. (8) At grade parking not covered by a building, structure, or roof. (9) Loading docks open or covered by a roof or canopy, but otherwise unenclosed and used exclusively for loading and unloading. (IO) Mechanical equipment rooms, electrical rooms, telephone rooms, and similar space if located below grade. Floor area shall include those areas occupied by the following: (1) Restrooms, lounges, lobbies, kitchens, storage areas, and interior hallways and corridors. . (2) The floor area of interior courtyards, atria, paseos, walkways, and corridors covered by a root or skylight. (3) Covered at-grade parking. (4) Above grade parking. Floor area devoted to covered at-grade parking shall be counted at two thirds of the actual area if all of the following conditions are met: (l) The floor devoted to parking does not exceed 10 feet in height. (2) There is at least one level of subterranean or semi-subterranean parking provided on the parcel. (3) The at-grade and above grade parking levels are . - 12 - fit ..... screened from view. . (4) There is no parking on the ground floor within 40 feet of the front property line. (5) The design of the parking levels is compatible with the design of the building as determined by the Architectural Review Board. Floor Area Ratio (FAR). The floor area of all buildings on a lot divided by the parcel area. Game Arcade. Any place open to the public in which there are four or more games or amusements. These games or amusements include but are not limited to, electronic, video, and pinball machines, whether coin operated or on free play. Garage. An accessory building or portion of a principal building for the parking or temporary storage of automobiles of . the occupants or users of the premises. Garaqe, Semi-Subterranean. A structure used for parking and storage of vehicles located partly underground, with the finished floor of the first level of the structure not more than three feet above the average natural or existing grade of the parcel, except for openings for ingress and egress. Garage, Subterranean. - A structure wholly or partly underground, the ceiling of which is not more than two feet above the average natural grade, Fexcept for openings for ingress and egress. General Retail. Businesses which are engaged in selling . goods or merchandise to the general public and which provides services incidental to the sale of such goods. Grading. Any stripping, cutting, soil removal, filling, or - l3 - '.t ..... stockpiling of earth or land. Ground Cover. A low growing woody or herbaceous plant with low, compact qrowth habits which normally crawls or spreads, and . which forms a solid mat or dense cover over the ground within two years of installation. Mature heights of groundcover will usually range from three inches to three feet. Ground Floor. The first level of a building other than a basement. Ground Floor street Frontage. The first level of a building, other than a basement, to a depth of no less than 50 feet of the front of the parcel. Habitable Space. Space in a dwelling unit for living, sleeping, eating, or cooking. Bathrooms, closets, halls, storage or utility space, and parking areas are not considered habitable space. Hardscape. An open area comprised of durable non-living materials including, but not limited to rocks, pebbles, sand, . wood, mulch, chips, walls, fences, planters, bricks, stone, aggregate, natural forms, and water features. Hedge. A barrier of plant material functioning as an enclosure or used for screening. Home Occupation. A home enterprise in a residential dwelling unit incidental and secondary to the use of the dwelling unit and compatible'with surrounding residential uses. Home occupation Permit. An administrative permit obtained in accordance with Subchapter lOB to allow a home occupation. Hospice. A facility that provides residential living quarters for up to six terminally ill persons. A hospice is a . - 14 - . '.t ..... permitted use in all residential districts. Hotel. A building, group of buildings, or a portion of a building which is designed for or occupied as the temporary lodqing place of individuals for less than 3 0 consecutive days including, but not limited to, an establishment held out to the public as an apartment hotel, hostel, inn, time share project, tourist court, or other similar use. Household. Persons living together in a single dwelling unit, with common access to, and common use of all livinq and eatinq areas and all areas and facilities for the preparation and storaqe of food within the dwellinq unit. Incidental Food Service. Any building, room, space, or portion thereof where food is sold at retail where less than 250 square feet (interior and exterior) is utilized for on-site ~ consumption of any food or beverage, including seatinq, counter space or other eating arranqement. Kitchen. A room or space within a buildinq intended to be used for cooking or preparing food. . Landscaped Area. The area within the boundaries of a given . parcel which consists of living plant material including, but not limited to, trees, shrubs, woody and herbaceous ground covers, grass, flowers, vines, irrigation systems, and other design features commonly used in landscaping, but not including walkways , driveways, patios, and other landscaping, but not including walkways, driveways, patios, and other landscape features that use smooth concrete or asphalt. Large Family Day Care Home. A home which provides family day care to 7 to 12 designated children daily, inclusive, - 15 - . ... "' 1nclud1nq children who reside at the home. Light Manufacturinq. Manufacturing uses conducted within an enclosed building that include fabricating, assembling, testing, . repairing, servicing or processing products where the nature of the cperation is not obnoxious or offensive by reason of emission of odor, dust, noxious gas, noise, vibration, glare, heat or other adverse environmental impacts. Livinq Area. The interior habitable area.. of an existing principal dwelling unit including basement and shall not include a garage. Livinq Quarters. A structure or portion thereof which is used principally for human habitation. Loadinq 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. Loft. See Mezzanine. . Lot. A parcel. Low Income Household. A household whose gross annual income is between 51% and 80% of the median income of the Los Angeles-Long Beach-Anaheim Primary Metropolitan statistical Area (PMSA), as determined periodically by the u.s. Department of Housing and Urban Development (HUD), adjusted for household size. Manufactured Housing.' A residential structure buil t off-site and moved to a designated site for placement on a permanent foundation. Mezzanine. An intermediate level without walls or partitions, placed in any story or room and open to the space below. When the total area of any such mezzanine floor exceeds . - 16 - . . . . 33~1/3 percent of the of the total floor area in that room, it shall constitute an additional story. The clear height above or below a mezzanine floor shall not be less than 7 feet. No more than one continuous mezzanine may be permitted in anyone room. A mezzanine shall be considered a loft. Mini-Mart. A small retail store selling commonly purchased groceries, fast-foods, household goods, and impulse items, and located on the same parcel as a service station or operated in conjunction with a service station with common parking. Minor Repair .of Vehicles. Transmission, muffler, and radiator work, lubrication, repair of brakes, generators, water pumps, batteries, and other minor oomponents, replacement of wiper blades, fuses, radiator caps, lamps, and other minor accessories, changing, and mounting of tires, wheel alignment, tune-up, minor electrical repairs, and similar repairs and services. Minor repair of vehicles shall not include repairs that cause environmental nuisances including but not limited to engine and drive train overhaul, auto dismantling, body and tender work, welding, repair of tops, seat covers, and upholstery, auto glass work, painting, rebuilding batteries, tire recapping or retreading, and similar work. Mixed Use Development. The development of a parcel or building with two 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. - Mobilehome Park. See Trailer Park. Moderate-Income Household. A household whose gross annual - 17 - inc~me is between 81% and 120% of the median income of the Los Angeles-Long Beach-Anaheim Primary Metropolitan Statistical Area (PMSA), as determined periodically by the U. S. Department of Housing and Urban Development (HUD), adjusted for household size. Motel. An establishment providing transient accommodations containing six or more rooms with at least 25% of all rooms having direct access to the outside without the necessi ty of passing through the main lobby of the building. Neighborhood Grocery store. Any small market not exceeding 3,000 square feet of floor area selling a full range of food products including meat, dairy, vegetable, fruit, dry goods, and beverages. Net Residential Area. An area of land zoned for residential uses exclusive of public streets or land dedicated for streets but including the area to the center line of a rear alley. Night Club. An establishment which primarily offers live entertainment or dancing and which may serve food or beverages. Nonconforming Building or structure, Legal. A structure, the size, dimension, or location of which were lawful prior to the effective date of this Chapter or any amendment thereto, but which fails to conform to the present requirements of the zoning district. Nursinq Home. A facility licensed to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness, or infirmity are unable to care for themselves. outdoor storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place - 18 - . . . . . . fol more taan 72 hours. Overlay District. designation specifically A zoning delineated establ ishing land use on the Districting Map requirements that govern in addition to the standards set forth in the underlying residential, commercial or industrial district. Parabolic Antenna. An accessory structure of any shape, including the main dish and covering, feedhorn, low noise amplifier, structural supports and all other components thereof, which transmits and receives electromagnetic waves by line of sight. 1. Groundmounted Dish Antenna. A parabolic antenna, the entire weight of which is supported by an approved platform, framework, pole, or other structural system, which system is affixed directly on or in the ground by a foundation and which system is freestanding, excluding lateral bracing to a building 2. Height. The vertical distance between the highest point of an antenna when actuated to its most vertical position and grade below, for a groundmounted dish antenna, and to the roof below for a roofmounted dish antenna. 3 . Microwave Relay Antenna. A transmitting and receiving antenna, typically disc or double convex shaped with no active element external to the disc, that com~unicates by line of sight with another similar antenna. 4. Reasonable Functional Use. That positioning of a parabolic antenna which permits substantially unobstructed line of sight with geosynchronous orbiting satellites from or to which - the dish antenna receives or transmits electromagnetic waves. 5 . Roofmounted Dish Antenna. A parabolic antenna, the - 19 - '.t .... entire we~ght of which is supported by a building through the use of an approved framework or other structural system, which system is affixed to one or more structural members of the roof of the ~ building or to any structural portion of the building above the roofline. 6. Satellite Earth Station Antenna. An antenna that receives or transmits communications by line of sight with a geosynchronous orbiting satellite. 7. Screening. The effect of locating a parabolic antenna behind a building wall, fence, landscaping, berm, and/or other specially designed device so that view of the dish antenna from adjoining and nearby public street rights-of-way and private properties is precluded or minimized to the extend reasonable 8. TVRO Antenna. Television receiving only antenna. Parapet. A low wall or railing not exceeding 42 inches above the roof and along its perimeter. Parcel. A portion of land separated from other portions of land by legal description, as on a subdivision or record of survey map, or by metes and bounds. Parcel shall also include two or more parcels combined to be used, developed, or built upon as a unit as provided for in Section 9002.1. Parcel Area. The total area within the property lines of a parcel, excluding any street ~r alley right-of-way. Parcel, Corner. A parcel of land abutting two or more streets at their intersection, or upon two parts of the same ~ street forming an interior angle of less than 135 degrees. Parcel Coverage. That portion of the parcel that is covered by buildings and structures. Parcel coverage shall include that . - 20 - . 'It ..... area of the parcel directly below any upper level of a building or structure that is cantilevered beyond the edge of the first level of the building or structure. Parcel Depth. The distance measured from the front parcel line to the rear parcel line as per the leqal description of the property. Parcel, Flaq. A parcel not fronting on or abutting a pUblic road and where access to the public road is by a narrow, right-of-way or driveway. Parcel Frontaqe. The width of the front parcel line measured at the street right-of-way. Parcel, Key. The first interior parcel to the rear of a reversed corner parcel and not separated therefrom by an alley. Parcel Line. A line of record bounding a parcel which . divides one parcel from another parcel or from a public or private street or any other public space. . Parcel Line, Front. The parcel line separating a parcel from a street right-af-way. In the case of a corner parcel, the line separating the narrowest street frontage of the parcel from the street shall be considered the front. 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 ten feet in length entirely within the parcel, parallel to, and at a maximum distance from the front parcel line. Parcel Line, Side. Any parcel line other than a front or rear parcel line. Parcel, Reversed Corner. A corner parcel, the side street - 21 - '.t ..... line of which is substantially a continuation of the front parcel line of the first parcel to its rear. Parcel, Through. A lot which fronts on two parallel streets . or which fronts upon two streets which do not intersect at the boundaries of the lot. Parcel Width. The horizontal distance between the side lines of a parcel measured at right angles to its depth along a straight line parallel to the front parcel line at the street or public right-of-way that is identified as the parcel's address. Pedestrian orientation. Design qualities and elements that contribute to an active, inviting street level environment making the area a pleasant place to walk and shop including but not limited to: (a) street furniture. (b) Design amenities related to the street level such as . awnings, paseos, arcades. Cc) Visibility into buildings at the street level. (d) Highly articulated facades at the street level with interesting uses of material, color, and architectural detailing. (e) Continuity of the sidewalk with a minimum of intrusions into the pedestrian right-of-way. (f) Continuity of building facades along the street with few interruptions in the proqression of buildings and stores. ~(q) Siqnage oriented and scaled to the pedestrian rather than the motorist. (h) Landscaping. Pedestrian oriented Use. A use which is intended to encourage walk-in customers and which generally does not limit . - 22 - . . . thl number- of customers by requiring appointments or otherwise excluding the general public. A pedestrian oriented use may suggest or require appointments for services when primarily for the convenience of the customer, such as reservations with restaurants, beauticians or optometrists to avoid being turned away due to unavailability. Penthouse. A structure not exceeding 14 feet in height located on the roof of a building used for the purpose of sheltering mechanical equipment or vertical shaft openings in the roof. Performance Standards Permit. An administrative permit obtained in accordance with Subchapter 10D. Permitted Use. Any use allowed in a zoning district and subject to the restrictions applicable to that Zoning district. Place of Worship. A building or structure, or groups of buildings or structures, which by design and construct.ion are primarily intended for conducting reI igious services and accessory uses associated therewith. Planning Commission. The seven member body responsible for carrying out functions with respect to planning and zoning as may be prescribed by this Article. Porte Cochere. A roofed structure extending from the entrance of a building ove~ an adjacent driveway, the purpose of which is to shelter persons entering and exiting a Duilding. Principal Use. The primary or predominant use of any site. Photocopy Shop. An establishment that reproduces or prints documents. A print shop shall be considered to be the same as a photocopy shop. - 23 - '.t ..... Private Club or Lodge. A building and related facilities owned or operated by a corporation, association, or group of individuals established for the fraternal, social, educational, . recreational, or cultural enrichment of its members and not primarily for profit, and whose members meet certain prescribed qualifications for membership and pay dues. A private club or lodge does not include a facility where the principal membership requirement is paYment of a membership or admission fee. Private Tennis Court. A tennis court which is used for non-commercial purposes by the owner of the property or their guests. 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. Public utility Service Center and Service Yard. Any . building or property used for the administration of public utility repair, maintenance, and installation crews, warehouse, storage yard or maintenance garage including vehicle parking of a public utility. Residential Care Facility. A group housing arrangement chosen voluntarily by residents over 60, but also including persons under 60 with compatible needs, who are provided varying levels and intensities of care and supervision or personal care, based upon their varying needs, as determined in order to be admitted and remain in the facility. Residential Use. One or more rooms designed, occupied, or intended for occupancy as primary living quarters in a building . - 24 - . . . or'.tportion "thereof. Restaurant. Any building, room, space, or portion thereof where food is sold for consumption on site. A restaurant does not include incidental food service. Rest Home. An extended or intermediate care facility licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the governing authority or its members by marriage, blood, or adoption. Roof. That portion of a building or structure above walls or colQmns that shelters the floor area or the structure below. Sanitarium. An institution for the treatment of persons with chronic and usually long term illnesses. Self-Service storage Warehouse (Mini-Warehouse). A warehouse operation where customers rent or lease, and have direct access to , individual storage areas, compartments, or rooms within a larger structure or structures provided for storage use. Senior citizen. An individual 62 years of age or more. Senior Group Housing. A building or buildings, including a single family dwelling, that provides residence for a group of senior citizens with a central kitchen and dining facilities and a separate bedroom or private living quarters. Service Station. Any est.ablishment whose primary function is the retail sale of petroleum products and vehicle accessories normally associated with this use, and shall include those service stations providing fUll-service or self-service stations. Setback. The distance between the parcel line and a - 25 - . '/1. ..... bu~ld~ng not including permitted projections. Shelter for the Homaless. A residential facility operated by a "provider", other than a "community care facility.. as . defined in California Health and Safety Code Section 1502, which provides temporary accommodations to homeless persons and/or families and which meets the standards for shelters contained in Title 25, California Administrative Code, Part 1, Chapter F, Subchapter 12, section 7972. The term "temporary accommodations" means that a homeless person or family will be allowed to reside at the shelter for.a time period not to exceed six (6) months. For the purpose of this definition, a "provider" shall mean a government agency or private non-profit organization which provides, or contracts with recognized community organizations to provide, emergency or temporary shel ter for the homeless, and which meets the standards set forth in Section 9050.14. 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. . sidewalk Cafe. Any outdoor dining area located in any public sidewalk or right-of-way which is defined by a barrier which separates the sidewalk cafe area from the sidewalk or other public right-of-way and whicn is associated with a restaurant or other eating and drinking establishment on a contiguous adjacent parcel. Single Room Occupancy. A housing unit which is contained within a residential hotel, rooming house, hotel, or motel where the unit does not contain either private food preparation or . - 26 - '.t .. sanitary facilities. . Site. Any plot or parcel of land or combination of contiguous parcels of land. Skylight. That portion of a roof which is glazed to admit liqht, and the mechanical fastinq required to hold the qlazinq, including a curb not exceeding 10 inches in height, to provide a weatherproofing barrier. Small Family Day Care Home. A home which provides family day care to six or fewer designated children daily, including children who reside at the home. Solar Energy System. Any solar collector or other solar energy device, or any structural desiqn feature of a building whose primary purpose is to provide for the collection, storage, or distribution of solar energy for space heating or cooling, . water heating, or electricity. speciality Office. Uses intended to provide a service wi thout requiring an appointment such as travel agencies, real estate offices and insurance agencies. story. That portion of a building included between two consecutive floors of a building. A basement shall not be considered a story if the finished first floor does not exceed 3 feet above the average natural qrade of the parcel. An unfinished attic shall not'be considered a story. A mezzanine shall be considered a story if it is not open to the floor below, if it contains any enclosed rooms, bathrooms, closets, and the like, or if it contains more than 33 1/3% of the total floor area of the room(s) onto which it opens. . Structure. Anything constructed or erected, which requires - 27 - 'It ..... a fixed location on the ground, or is attached to a building or other structure having a fixed location on the ground. Subdivision. See Chapter 3 for all subdivision definitions. 4It Substantial Remodel. Removal of 50 percent or more of the exterior walls or removal of 50 percent or more of supporting members of a structure such as bearing walls, columns, beams, or girders. Tandem Parkinq. A group of two or more parking" spaces arranged one behind the other where one space blocks access to the other space. Temporary structure. A structure without any foundation or footing and which is removed when the designated time period, acti vi ty , or use for which the temporary structure was erected has ceased. Temporary Use Permit. An administrative permit obtained in accordance with Subchapter lOCo Theater. Any hall where live entertainment is given or held as the principal use, any establishment containing a permanent stage upon which movable scenery and theatrical appliances are used and where regular theatrical performances are given. 4It Trailer. A vehicle wi thout 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 mobilehome, trailer coach or house trailer. Trailer Court or Mobilehome Park. Any area or tract of land used or designed to accommodate one or more trailers in use for human habitation with minimum facilities for water, sewer, electricity, and laundry. . - 28 - I,t . ... Tree. A plant having at least one well defined stem or trunk and normally attaining a mature height of at least 15 feet, with an average mature spread of 25 feet, and having a trunk that shall be kept clear of leaves and branches at least six feet above grade at maturity. 15 Gallon Tree. A 15 gallon container tree shall be no less than one inch caliper and at least six feet in height above grade at the time of planting. 24 Inch Box Tree. A 24 inch box tree shall be no less than one and three-quarters inch caliper and at least seven feet in height above grade at the time of planting. Use. The purpose or activity for which land is zoned or a structure is intended or used. Variance. A discretionary permi t obtained in accordance . with Subchapter lOE. Very Low Income Household. A household whose gross annual " income is between 0% and 50% of the median income of the Los Angeles-Long Beach-Anaheim Primary Metropolitan statistical Area (PMSA), as determined periodically by the U. S . Department of Housing and Urban Development (HOD), adjusted for household size. Warehouse. A building, group of buildings, or a portion of a building used for the storage of goods and materials. Yard. An open space situated between parcel lines and not covered by buildings. Yard, Front. A space extending the full width of the parcel between any building and the front parcel line, and measured perpendicular to the building at the closest point to the front . parcel line. The front yard shall be unoccupied and unobstructed - 29 - ~ " from the ground upward except as may be permitted by this Chapter. Yard Sale. Any sale held for the purpose of selling, . trading, or otherwise disposing of unwanted household furnishings, personal goods, or other tangible properties under control of the person holding such sale and conducted in a residential district. Yard, Side. A" space extending the full depth of the parcel between the principal building and the side parcel line measured perpendicular from the side parcel line to the closest point of the principal building. The side yard shall be unoccupied and unobstructed from the ground upward except as may be permitted by this Chapt$r. Yard, 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 perpendicular from the side parcel line to the closest point of the principal . building. The street side yard shall be unoccupied and unobstructed from the ground upward except as may be permitted by this Chapter. Yard, Rear. A space extending the full width of the parcel between the principal building and the rear parcel line measured perpendicular from the rear parcel line to the closest point of the principal building. The rear yard shall be unoccupied and unobstructed from the ground upward except as may be permitted by this Chapter. - Zoninq Ordinance. The Comprehensive Land Use ordinance of . - 30 - lit ..... the City of Santa Monica. . section 9000.4. Number of Days. Consecutive calendar days shall be used when calculating the number of days as specified by this Chapter. In the event a time period ends on a Saturday, Sunday, or holiday, the time period shall end on the next consecutive business day. Section 9000.5. Rounding of Quantities. Whenever this Chapter requires consideration of distances, parking spaces, unit density, or other aspects of development or the physical environment expressed in numerical quantities which are fractions of whole numhers, such nnmhers are to be rounded to the nearest highest whole number, when the fraction is .5 or more, and to the . next lowest whole nl1'!""'er when the fraction is less than .5, except as otherwise provided by this Chapter. . - 31 - ~ ..... Subchapter 2. Establishment of Zoning Districts. section 9001.1. Establishment of Districts. The City of Santa Monica is divided into Zoning Districts of such nl1mher and character as are necessary to achieve compatibility of uses within each District and to implement the General Plan. The following Districts are established: (a) Rl Single-Family Residential District. (b) R2R Low Density MUltiple-Family Residential District. (c) R2 Low Density MUltiple-Family Residential District. (d) R3 Medium Density Multiple-Family Residential District. (e) R4 High Density MUltiple-Family Residential District. (f) RVC Residential-Visitor Serving Commercial District. (g) BCD Broadway Commercial District. (h) C2 Neighborhood Commercial District. (i) C3 Downtown commercial District. (j) C3-C Downtown Overlay District. (k) C4 Highway Commercial District. (1) C5 Special Office Commercial District. (m) C6 Boulevard Commercial District (n) CM Main Street Special Commercial District. (0) CP Commercial Professional District. (p) CC Civic Center District. - 32 - . . . . tk .... (q) MI Limited Manufacturing District. (r) PL Public Lands Overlay District. (s) A Off-Street Parking Overlay Designation. (t) N Neiqhborhood commercial overlay Designation. (u) R-MH Residential Mobile Home Park District. The Rl, R2R, R2, R3, R4, RVC, and R-MH Districts shall be considered residential districts. The BCD, C2, C3, C4, C5, C6, CM, and CP Districts shall be considered commercial districts. The MI District shall be considered an industrial district. The CC District shall be considered a public, institutional district. section 9001.2. Adoption of District Map. The boundaries of the Zoning Districts established by Section 9001.1 shall be shown upon the map designated as the "Official Districting Map of . the city, II on file with the City Clerk and adopted, and from time to time amended, by ordinance of the city Council. . Section 9001.3. Rules to Determine Appropriate District. The following rules shall be employed to determine the boundaries of a District as shown on the Official Districtinq Map of the City: (a) Where a boundary is indicated as approximately following a street and alley line or parcel line, the centerline of the street or alley, or the parcel line shall be the boundary. - 33 - '.t Po (b) In unsubdivided property or where a District boundary divides a parcel, the location of the boundary, unless it is indicated by dimension, shall be determined by the use of the scale appearing on the Official Districting Map of the city. (c) Where any public street or alley is officially vacated or abandoned, the District regulations applicable to abutting properties shall apply to the former centerline of the vacated or abandoned street or alley. (d) Where any private right-of-way or easement of any railroad, railway, transportation or public utility company is vacated or abandoned, the Oistrict regulations applicable to abutting properties shall apply to the former centerline of the vacated or abandoned right-of-way easement. (e) The air rights above or the ground rights below any freeway, parkway, highway, street, alley, or easement shall be in the same District as is applicable to the property abutting the freeway, parkway, highway, street, alley, or easement. In cases where a freeway, parkway, highway, street, alley, or easement forms the boundary between Districts, the centerline of the right-of-way shall be the boundary. (f) In case any uncertainty exists, the Planning commission shall determine the location ?f the District boundary. Section 9001.4 Adoption of Overlay Districts. Where a specifically delineated area within the City requires preparation of an overlay district designation, that district shall be adopted in the manner set for in Subchapter lOR of this Chapter. - 34 - . . . . . . '.It ..... Subchapter 3. ~eneral Requirements. section 9002.1.. Application. Except as provided in this Chapter, land or buildings may be used and structures may be erected or altered only in accordance with the following provisions: (a) No new. building shall be erected and no existing building shall be moved, al tered, or enlarged, nor shall any land, building, or premises be used, designed, or attempted to be used or designed for any purpose or in any manner other than a use listed in this ~hapter, as permitted in the District in which the land, building, or premises is located. The lawful use or uses of all buildings, improvements, and premises existing in any District at the time of the adoption of this Chapter may be continued except as provided by this Chapter. (b) No building shall be erected nor shall any existing building be moved, reconstructed, or structurally altered to exceed in height or floor area the limi t established by this Chapter for the District in which such building is located. (c) No building shall be erected nor shall any existing building be moved, altered, enlarged, or rebuilt, nor shall any open spaces surrounding any buildings be encroached upon or reduced in any manner except in conformi ty with the property development standards for each District in which such building is located. (d) No yard or open space provided adjacent to any building for the purpose of complying with the regulations of this Chapter shall be considered as providing a yard or open space for any - 35 - 'It . ...... other bu~ld~ng or structure. (e) No parcel or building shall be separated in ownership, or reduced in size in any manner, so that: . (1) Any separate portion shall contain a parcel area or parcel dimension less than the minimum required for the District in which the property is located. (2) Any yard area is reduced below the minimum required for the District in which the project is located. (3) The parcel fails to comply with any other requirement of this Chapter. (4) Any portion of a parcel that is necessary to provide the required area per dwelling unit is separated from the portion of the parcel on which the building is located. (f) No lot or parcel of land held under common ownership which does not meet the requirements of the District in which it is located shall be separated in ownership or further reduced in . size in any manner. (g) Two or more parcels may be combined and used as a single parcel if: (1) The building site shall be subject to all requirements of this Chapter as xhrough the total area comprised in the site were a single parcel. (2) All of the building site shall be under c01lll'l'lon ownership. . - 36 - '.t .... (3) A covenant by the owner of the parcels shall be . filed with the Zoning Administrator and recorded with the County Recorder's office before any use or cOmbination of parcels occurs. The covenant shall state the intention of the owner to develop the parcels as a single building site and shall be in the form required by the Zoning Administrator. . . section 9002.2. Vested Right. The following projects shall have a vested right to proceed without complying with this Chapter. (a) previousiy Approved Conversion. The conversion to condominiums or other form of subdivided ownership for any multi-family dwelling that has a final SUbdivision map approved prior to October 1, 1981, and has received either a removal permit or vested right determination from the Santa Monica Rent Control Board. (b) projects with CUrrently Valid Buildinq Permit. The erection, construction, enlargement, demolition, moving, conversion of and excavation and grading for, any building or structure for which a valid building permit is in effect as of the effective date of this Ordinance. (c) Previously Approved Development Permit. The erection, construction, enlargement, demolition, moving, conversion of an excavation and grading for, any building or structure for which a valid development permit is in effect pursuant to Ordinance Number l321 (CCS). A development permit which does not contain an express limit on the time for exercising the permit shall be deemed valid only if a building' permit is obtained within one - 37 - '.t ..... year of the date of adoption of this Chapter. No time extensions shall be granted for any development permit approved prior to the adoption of this Chapter. (d) Applications Deemed Complete. Any project for which an application was filed pursuant to Ordinance Number 1321 (CCS) and deemed complete in accordance with Ordinance Number 1441 (CCS) or l449 (CCS) prior to April 29, 1988. (e) Development Agreement. Development in accordance with the terms and conditions of a development agreement approved by the city Council pursuant to Chapter 8 of Article IX of this Code. section 9002.3. Building Permits. (a) any work pertaining to the erection, Before . construction, demolition, reconstruction, moving, conversion, or alteration of any building is commenced, a building permit shall ~ be issued by the Building Officer. It shall be unlawful to commence any work until and unless a building permit is issued. No building shall be occupied or used unless a business license for the use, where required, is first obtained in accordance with the Code. (b) Each application of a building permit shall contain accurate information and dimensions as to the size and location , of the buildinqs on the parcel or buildings proposed to be placed or erected on the parcel, the dimensions of all yards and open spaces, and such other information as may be necessary for the enforcement of these regulations. Where complete and accurate information is not readily available from existing records, the - 38 - . . . . ~ ~ Building Officer may require the applicant to furnish a survey of the parcel prepared by a licensed surveyor. The original of such application shall be kept in the office of the Building Officer and the duplicate copy shall be kept at the building site at all times during construction. section 9002.4. Zoning Conformance Review. (a) Zoning Conformance. Prior to issuance of a building permit for any building or structure, or prior to issuance of a business license for any initiation of a use, a Zoning Conformance Review be performed the Zoning shall ~ Administrator, to ensure that the permit, license, or use complies with all provisions of this Chapter. (b) Change of Occupancy. In the event of a proposed change of occupant or tenant on a parcel of land or of a building, or a portion thereof, no new business license f9r such new occupant or tenant to occupy or use any parcel of land or building shall be issued until a new Zoning Conformance Review has been performed for such occupancy or tenancy. (c) Change of Use. In the event of a proposed change of use of a parcel of land or of a building, or portion thereof, no business license for such change of use shall be issued until a new Zoning Conformance Revi~w has been performed for such use. - 39 - 'II ..... Section 9002.5. Use of standard Industrial Classification (SIC) Manual. Groups of uses permitted, permitted subj ect to approval of a performance standards permit, conditionally permitted, or prohibited for all Districts have been partially developed using the classifications identified in the Standard Industrial Classification (SIC) Manual 1972. This Manual shall be used to classify similar uses not specifically listed or classified in this Chapter. Section 9002 . 6. Confl ict with Other Regulations. Where conflicts occur between the regulations of this Chapter and the Building Code or other regulations effective within the City, the more restrictive of the regulations shall apply. When this Chapter imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, or regulations or by easements, covenants, or agreements, the provisions of this Chapter shall apply. Section 9002.7. Compliance. All city departments, officials, or public employees, vested with the duty or authority to issue licenses, permits, or certificates of occupancy where required by law, shall co~plY with the provisions of this Chapter. No permit or license for buildings, uses, or purposes shall be issued which would be in conflict with the provisions of this Chapter. Any permit or license issued in conflict with the provisions of this Chapter, shall be null and void. - 40 - . . . . . . .. h section 9002.8. Compliance by city r School District, and other Agencies. To the extent permitted by state law, the provisions of this Chapter shall apply to all buildings, improvements, parcels, and premises owned, leased, operated, or controlled by any municipal or quasi municipal corporation, utility, school district, authority, or governmental agency within the City of Santa Monica. Development in existence on the effective date of this Chapter shall not be subject to the provisions of this subsection. City Government uses may be permitted in any district subject to the approval of a Conditional Use Permit. section Neighborhood Impact Statement. A 9002.9 neighborhood impact statement shall be prepared as part of the city's environmental review process for any project over 15,000 square feet if the project is subject to a discretionary permit and if the project is not exempt from environmental review under the City of Santa Monica Guidelines for implementation of CEQA. - 41 - '11 .... Subchapter 4. zoninq Districts and Uses. Subchapter 4A. Rl Sinqle Family Residential Uses. . section 9010.1 Purpose. The R1 District is intended to provide a single family residential area free of disturbing noises, excessive traffic, and hazards created by moving automobiles. The Rl district is designed to prevent burdens on the public facilities, including' sewer, water, electricity and schools by an influx and increase of people to the degree larger than the City's geographic limits, tax base or financial capabilities can reasonably and responsibly accommodate. The R1 district affords protection from deleterious environmental effects and serves to maintain and protect the existing character and state of the residential neighborhood. . section 9010.2 Permitted Uses. The following uses shall be permitted in the Rl District: (a) Hospice facilities. (b) One single family dwelling per parcel placed on a permanent foundation (including manufactured housing). (c) one-story accessory buildings and structures up to 14 feet in height. Cd) Public parks and playgrounds (e) Small family day care homes. (f) state authorized, licensed, or certified uses to the extent required to be permitted by state Law. . - 42 - . ~ (g) .....yard sales, limited to two per calendar year, for a maximum of two days each. section 9010.3. Uses Subject to Performance Standards Permit. The fOllowing uses may be permitted in the R1 District subject to the approval of a Performance Standards Permit: (a) Large Family Day Care homes. (b) One-story accessory living quarters, up to 14 feet in height, on a parcel having a minimum area of 10,000 square feet. (c) Private tennis courts. section 9010.4 conditionally Permitted Uses. The following uses may be permitted in the Rl District subject to the approval of a Conditional Use Permit: (a) Duplexes on a parcel having not less than 6,000 square . feet of a~ea, a side parcel line of which abuts, or is separated by an alley from any R3, or R4 District. (b) One-story accessory buildings over 14 feet in height or two story accessory buildings up to a maximum height of 24 feet. (c) Schools. section 9010.5. Prohibited Uses. (a) Boarding houses. (b) Rooftop parking. r (c) Second dwelling units pursuant to Section 65852.2(c) of the Government Code, state of California. Cd) Any uses not specifically authorized. . - 43 - 'k .. section 9010.6. Property Development standards. All property in the Rl District shall be developed in accordance with the following standards: (a) Maximum Building Height. Two stories, not to exceed 28 feet, which includes mechanical equipment and screening. Fifty percent of either or both entire side building elevations in excess of 14 feet in height above the average natural grade at the required side yard setback shall be setback an additional 1 foot for every 2 feet 4 inches of building height to a maximum height of 21 feet. (This provision shall apply to additions and new construction only.) No portion of the building shall intersect a plane co~_!"encing 21 feet in height at the minimum side yard setback and extending at an angle of 45 degrees from the vertical toward the interior of the site. On lots of more than 20,000 square feet with a minimum of 200 feet of street frontage, the height shall not exceed 35 feet for a pitched roof or 28 feet for a flat roof. (b) Maximum Unit Density. One dwelling unit per parcel, except where a Condi tional Use Permi t has been approved for a duplex as permitted by section 9010.4(a). (c) Minimum Lot size. Each parcel 5,000 square feet. shall contain a minimum depth of 100 feet and a minimum width of 50 feet except that any parcel existing on the effective date of this Chapter shall not be subject to this requirement. Cd) Maximum Parcel Coverage. 40 percent. ( e) As shown on the Official Front Yard Setback. . . Districting Map of the city, or, if no setback is specified, 20 feet. For structures over 14 feet in height, 25 percent of the . - 44 - . . . I,t .... front elevation over 14 feet in height shall be setback an additional average of 5 feet except where a second floor exists on the effective date of this Chapter, said second floor shall . not be counted in the calculation of front elevation for purposes of meeting the additional average 5 foot setback. (f) Rear Yard Setback. 25 feet. (g) side Yard Setback. Ten percent of the lot width or a minimum of five feet whichever is greater. However, on lots less than 5,000 square feet, a minimum 4 foot side yard shall be required. (See also Section 9040.19.) (h) Front Yard Paving'. No more than 50t of the required front yard area including driveways shall be paved. No circular driveways shall be permitted on parcels less than 100 feet in width. (i) Modifications to Setbacks above 14 feet in heiqht. The front yard and height setback requirements for the portion of a structure above 14 feet in height may be modified subject to the review and approval of the Architectural Review Board provided the entire structure complies with the setback requirements for structures below 14 feet in height. section 9010.7. Architectural Review. No building or structure in the Rl District shall be subj ect to arch! tectural review pursuant to the provisions of Chapter 5 of this Article except: (a) R~ lots developed for surface parking lots, properties installing parabolic antennae (only with respect to the antennae and screening). - 45 - .... .... (b) Duplexes. (e) Any structure that does not conform to the front yard and height setbacks for structures above 14 feet in height. section 9010.8. Substantial Remodel. Parking shall be provided in accordance with the provisions of 9044.4 if the principal building on the parcel is substantially remodeled or, if 50% or more additional square footage is added to the principal building at anyone time, or incrementally, after the effective date of this Chapter. - 46 - . . . . . '.t ..... Subchapter 4B. R2R Low Density Duplex District Section 90Il.l. Purpose. The R2R District is intended to provide for low density residential neighborhoods free of disturbing noises, excessive traffic, and hazards created by moving automobiles. The R2R district is designed to prevent burdens on the public facilities, including . sewer, water, electricity and schools by an influx and increase of people to the degree larger than the city's geographic limits, tax base or financial capabilities can reasonably and responsibly accommodate. The R2R district affords protection from deleterious environmental effects and serves to maintain and protect the existing character and state of the residential neighborhood. section 9011.2. Permitted Uses. The following uses shall be permitted in the R2R District: (a) Hospice facilities. (b) One single family dwelling unit per parcel placed on a permanent foundation (including manufactured housing). (c) One duplex on any legal parcel that existed on August 31, 1975. (d) One-story accessory buildings and structures up to 14 feet in height. (e) Public parks and playgrounds. (f) Small family day care homes. (g) Yard sales, limited to two per calendar year, for each . dwelling unit for a maximum of two days. - 47 - '. ..... Section 9011.3. Uses Subject to Performance Standards Permit. The following uses may be permitted in the R2R District subject to the approval of Performance Standards Permit: (a) Large family day care homes. (b) One-story accessory living quarters, up to 14 feet in height, on a parcel having a minimum area of 10,000 square feet. (c) Private tennis courts. . section 9011.4. conditionally Permitted Uses. The following uses may be permitted in the R2R District subject to the approval of a Conditional Use Permit. (a) One-story accessory buildings over 14 feet in height or two story accessory buildings up to a maximum height of 24 feet. section 9011.5. Prohibited Uses. . (a) Rooftop parking. (b) Any use not specifically authorized. Section 9011.6. Property Development Standards. All property in the R2R District shall be developed in accordance with the following standards: (a) Maximum Buildinq Height. Two stories, not to exceed 25 feet, except that roofs or 'portions of roofs may extend to a maximum height of 35 feet if the roof pitch is 30t or more on at least two sides. (b) Maximum Unit Density. There shall be a minimum of fifteen hundred (1,500) square feet of lot area for each dwelling unit. However, one duplex shall be permitted on any legal parcel . - 48 - . . . 'It ..... that existed on August 31, 1975. (c) Maximum Parcel Coverage. 60% (d) Minimum Lot 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 existinq on the effective date of this Chapter shall not be subj ect to this requirement. (e) Front Yard Setback. 10 feet. (f) Rear Yard Setback. 15 feet. (g) Side Yard Setback. The side yard setback shall be determined in accordance with the following formula, except for lots of less than 50 feet in width for which the side yard shall be 10% of the parcel width but not less than 4 feet: 51 + (stories x lot width) 50' (h) Front Yard Pavinq. No more than 50% of the required front yard area including driveways shall be pa~ed. section 9011.7. Architectural Review. All new construction of additions to existing structures including single family homes and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 5 of this Article. - 49 - '.t ..... subchapter 4C. R2 Low Density Multiple Residential District. Section 9012.1. Purpose. The R2 District is intended to provide a low density multiple family residential neighborhood (0-29 dwelling units per net residential acre) free of disturbing noises, excessive traffic, and hazards created by moving . . automobiles. The R2 district is designed to prevent burdens on the public facilities, including sewer, water, electricity and schools by an influx and increase of people to the degree larger than the City's geographic limits, tax base or financial capabilities can reasonably ana responsibly accommodate. The R2 district affords protection from deleterious environmental effects and serves to maintain and protect the existing character and state of the residential neighborhood. . Section 9012.2. Permitted Uses. The following uses shall be permitted in the R2 District: (a) Hospice facilities. (b) Multi-family dwelling units. (c) One-story accessory buildings and structures up to 14 feet in height. Cd) Public parks and playgrounds. (e) Single family dwellings placed on a permanent foundation (inoluding manufactured housing). (f) Small family day care homes. (g) Yard sales, limited to two per calendar year, for each dwelling unit, for a maximum of two days. . - so - . . . ~ ~ Section 90l2.3. Uses Subject to Performance Standards Permit. The following uses may be permitted in the R2 District subject to the approval of a Performance Standards Permit: (a) Large family day care homes. (b) One-story accessory living quarters, up to 14 feet in height, on a parcel having a minimum area of 10,000 square feet. (0) Private tennis courts. (d) Senior group housing. section 9012.4. conditionally Permitted Uses. The following uses may be permitted in the R2 District subject to the approval of a Conditional Use Permit: (a) Bed and breakfast facilities. (b) Boarding houses. (c) Child day care centers. (d) Community care facilities. (e) Libraries. (f) Neighborhood grocery stores. (g) Offices and meeting rooms for charitable, youth, and welfare organizations. (h) One-story accessory buildings over 14 feet in height or two story accessory buildings up to a maximum height of 24 feet. (i) Places of worship: (j) Residential care facilities. (k) Rest homes. (l) Schools. (m) Underground parking structures provided the parcel was occupied by a surface parking lot at the time of adoption of this - 51 - '.t ..... Chapter, the pa~cel is not adj acent to a parcel in the C2 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 p~rcel as is reasonably possible. section 9012.5. Prohibited Uses. (a) Rooftop parking. (b) Any use not specifically authorized. Section 9012.6. Property Development Standards. All property in the R2 District shall be developed in accordance with the following standards: (a) Maximum Building Heiqht. Two stories, not to exceed 30 . feet. (b) Maximum unit Density. One dwelling unit for each 1,500 square feet of parcel area. No more than one dwelling unit shall be permitted on a parcel of less than 4,000 square feet if a single family dwelling existed on the parcel on the effective date of this Chapter. (c) Maximum Parcel Coverage. 50 percent. r (d) Minimum Lot 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 the effective date of this Chapter shall not be subject to this requirement. (e) Front Yard Setback. 20 feet, or as shown on the . - 52 - . . . 'f; ..... Official Districting Map, whichever is greater. (f) Rear Yard Setback. 15 feet. (g) Side Yard setback. The side yard setback shall be determined in accordance with the followinq formula, except for lots of less than 50 feet in width for which the side yard shall be 10% of the parcel width but not less than 4 feet: 5' + (stories x lot width) 50' (h) De,velopment Review. A Development Review Permit is required for any development of more than 15,000 square feet of floor area. section 9012.7. Architectural Review. All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 5 of this Article. - 53 - .. ..... Subchapter 40. R3 Medium Density Multiple FamilY Residential District . Section 9013.1. Purpose. The R3 District is intended to provide a broad range of housing within medium density multiple family residential neighborhoods (0-35 dwelling units per net residential acre) free of disturbing noises, excessive traffic, and hazards created by moving automobiles. The R3 District is designed to prevent burdens on the public facilities, including sewer, water, electricity and schools by an influx and increase of people to the degree larger than the City's geographic limits, tax base or financial capabilities can reasonably and responsibly accommodate. The R3 District affords protection from deleterious environmental effects and serves to maintain and protect the existing character and state of the reeidential neighborhood. . Section 9013.2. Permitted Uses. The following uses shall be permitted in the R3 District: (a) Hospice facilities. (b) MUlti-family dwelling units. (c) one-story accessory buildings and structures up to 14 feet in height. (d) Public parks and playgrounds. ~ (e) Residential care facilities. (f) Single family dwellings placed on a permanent foundation (including manufactured housing) . (g) Small family day care homes. . - 54 - . . . ~ h (h) Yard sales, limited to two per calendar year, for each dwelling unit, for a maximum of two days. section 9013.3. Uses Subject to Performance Standards Permit. The following uses may be permitted in the R3 District subject to the approval of a Performance Standards Permit: (a) Large family day care homes. (b) One-story accessory living quarters, up to 14 feet in height, on a parcel having a minimum area of 10,000 square feet. (c) Private tennis courts. Cd) Senior group housinq. section 9013.4. conditionally Permitted Uses. The following uses may be permitted in the R3 District subject to the approval of a Conditional Use Permit: (a) Bed and breakfast facilities. (b) Boarding houses. (c) Child day care centers. (d) Community care facilities. (e) Places of worship. (f) Neighborhood grocery stores. (q) Offices and meeting rooms for charitable, youth, and welfare orqanizations. (h) One story accessory buildings over 14 feet in height or two story accessory buildings up to a maximum height of 24 feet. (i) Residential care facilities. (j) Rest homes. (k) Schools. - 55 - ~ (l) 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 adj acent to a parcel in the C2 . 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 co~mercially zoned parcel and as far from the residentially zoned parcel as is reasonably possible. Section 9013.5. Prohibited Uses. (a) Rooftop parking. (b) Any use not specifically authorized. Section 90~3.6. Property Development Standards. All property in the R3 District shall be developed in accordance with . the following standards: (a) Maximum Building Height. Three stories, not to exceed 40 feet. (b) Maximum Unit Density. One dwelling unit for each 1,250 square feet of parcel area. No more than one dwelling unit shall be permitted on a parcel of less than 4,000 square feet if a single family dwelling existed on the parcel on the effective date of this Chapter. - (c) Maximum Parcel Coverage. 50 percent. (d) Minimum Lot Size. 5,000 square feet. Each parcel shall contain a minimum depth of lOa feet and a minimum width of 50 feet, except that parcels existing on the effective date of . - 56 - . . . th~s Chapt~r shall not be subject to this requirement. (e) on the Front Yard Setback. 20 feetl or as shown Official Districting Map, whichever is greater. (f) Rear Yard Setback. 15 feet. I (g) Side Yard Setback. The side yard setback shall be determined in accordance with the following formula, except for lots of less than 50 feet in width for which the side yard shall be 10% of the parcel width but not less than 4 feet: 5' + (stories x lot width) 50' (h) Development Review. A Development Review permi t is required for any development of more than 22,500 square feet of floor area. section Review. Architectural All 9013.7. new . construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 5 of this Article. - 57 - '.t ..... Subchapter 4E. R4 High Density Multiple Family Residential District. . section 9014. 1. Purpose. The R4 District is intended to provide a broad range of housing within high density nvltiple family residential neighborhoods (0-48 dwell ing units per net residential acre) free of disturbing noises, excessive traffic, and hazards created by moving automobiles. The R4 district is designed to prevent burdens on the public facilities, including sewer, water, electricity and schools by an influx and increase of people to the degree larger than the city's geographic limits, tax base or financial capabilities can reasonably and responsibly accommodate. The R4 district affords protection from deleterious environmental effects and serves to maintain and protect the existing character and state of the residential neighborhood. . Section 9014.2. Permitted Uses. The following uses shall be permitted in the R4 District: (a) Hospice facilities. (b) Multi-family dwelling units. (e) One-story accessory buildings and structures up to 14 feet in height. (d) Public parks and p~aygrounds. (e) single family dwellings placed on a permanent foundation (including manufactured housing). (f) Small family day care homes. (g) Yard sales, limited to two per calendar year, for a maximum of two days each. . - 58 - . . . ~ Sectian 9014.3. Uses Subject to Performance Standards Permit. The following uses may be permitted in the R4 District subject to the approval of a Performance Standards Permit: (a) Large family day care homes. (b) one-story accessory living quarters, up to 14 feet in height, on a parcel having a minimum area of 10,000 square feet. (c) Private tennis courts. (d) Senior group housing. section 9014.4. conditionally Permitted Uses. The following uses may be permitted in the R4 District subject to the approval of a Conditional Use Permit: (a) Bed and breakfast facilities. (b) Boarding houses. (c) Child day care centers. (d) Clubs or lodges. (e) Community care facilities. (f) Hotels with incidental businesses. (g) Libraries. (h) Municipal parking structures. (i) Neighborhood grocery stores. (j) Offices and meeting rooms for charitable, youth, and welfare organizations. (k) One story accessory buildings over 14 feet in height or two story accessory buildings up to a maximum height of 24 feet. (1) Places of worship. (m) Residential care facilities. - 59 - 'II ..... (n) Rest homes. (0) Schools. (p) Shelters for the homeless. 4It (q) 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 adj acent to a parcel in the C2 District, the ground level above the underground parking structure is used for residential or public par 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. section 9014.5. Prohibited Uses. (a) Rooftop parking. (b) Any use not specifically authorized. 4It Section 9014.6. Property Development Standards. All property in the R4 oistrict shall be developed in accordance with the following standards: (a) Maximum Bui1dinq Height. Four stories, not to exceed 45 fee~. There shall be no limitation on the number of stories of any hotel or parking structure so long as the height does not exceed 45 feet. (b) Maximum unit Density. One dwelling unit for each 900 square feet of parcel area. No more than one dwelling unit shall be permitted on a parcel of less than 4,000 square feet if a single family dwelling existed on the parcel on the effective . - 60 - . . . d~te of thIs Chapter. (c) Maximum Parcel Coverage. 50 percent. (d) Minimum Lot Size. 5,000 square feet. Each parcel shall contain a minimum depth of 100 feet and a minimum width of SO feet, except that parcels existing on the effective date of this Chapter are not subject to this requirement. (e) Front Yard Setback. 20 feet, or as shown on the Official Districting Map, whichever is greater. (f) Rear Yard Setback. 15 feet. (g) Side Yard Setback. The side yard setback shall be determined in accordance with the following formula, except for lots of less than 50 feet in width for which the side yard shall be 10% of the parcel width but not less than 4 feet: 5' + (stories x lot width) 50' (h) Development Review. A Development Review Permit is required for any development of more than 25,000 square feet of floor area. Section 9014.7. Architectural Review. All new construction, additions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 5 of this Article. - 61 - '.t .... Subchapter 4F. RVC Residential-Visitor Commercial District. section 9015.1. Purpose The RVC District is intended to protect the existing residential mix in the area while providing for the concentration and expansion of coastal-related, lodging, dining, recreation, and shopping needs of tourists and others in the oceanfront area. The RVC District is designed to preserve and enhance the unique scale, character, and uses along the Promenade and on the Santa Monica Pier. Development intensity is intended to accommodate new hotel and other desired uses. The RVC District is also intended to conditionally permit other uses such as office, new residential, and cultural uses to ensure consistency with the goals, objectives, and policies of the General Plan. Section 9015.2. Permitted Uses. The following uses shall be permitted in the RVC District, if conducted within an enclosed building, except where otherwise permitted: (a) Arts and crafts shops. (b) Camera shops. (c) Convention and conference facilities. Cd) Entertainment and cultural uses. (e) Gift or souvenir shops. Cf) Libraries. (g) Marine oriented uses such as aquariums. (h) Museums. (i) Neighborhood grocery stores. - 62 - . . . l.t . (j) ~ Single family dwellings placed on a permanent foundation (including manufactured housing). (k) Multi-family dwellings. (l) Night Clubs within hotels. (m) Retail uses that cater to the visiting public. (n) Public parks and playgrounds. (0) Residential uses existing at the time of adoption of this Chapter. (p) Restaurants. (q) Schools. (r) Skating rinks. (s) Snack shops. (t) Swim and health clubs. (u) The following uses if conducted on the Santa Monica Pier or along The Promenade: (I) Amusement and game arcades. (2) Bait shops and fishing supplies. (3) Exhibitions and games. (4) Fish markets. (5) Marine service stations and boat landings on the Pier only. (6) Night clubs. (7) Sport fishing. (v) Accessory uses which are determined by the Zoning Administrator to be necessary and customarily associated with, and are appropriate, incidental, and subordinate to, the principal permitted use. (w) other uses determined by the Zoning Administrator to be . . - 63 - simIlar to those 1 isted above and which are consistent and not more disruptive or disturbing than permitted uses. . section 9015.3. Uses Subject to Performance Standards Permit. The following uses may be permitted in the RVC District subject to the approval of a Performance Standards Permit: (a) Automobile rental agencies. (b) Sidewalk cafes. section 9015.4. conditionally Permitted Uses. The following uses may be permitted in the RVC District subject to the approval of a Conditional Use Permit: (a) Bed and breakfast facilities. (b) Child day care centers. (e) Eating and drinking establishments permitting alcoholic beverages. (d) General office uses except at the ground floor street frontage. (e) Hotels and motels. (f) Out.door displays and sales of the following items on private property adjacent to either The Promenade or the streets between The Promenade and Appian Way: . (1) Artwork and pottery. (2) Flowers and plants. (3) Handcrafted products and goods. (4) Recreational equipment rentals such as rollerskates, bicycles, and surfboards. (5) Any other items determined by the Zoning . - 64 - Ad!inistra~or to be similar to those listed above. . (g) Parking facilities. (h) Shelters for the homeless. (i) Theaters only in the Pier Overlay. section 9015.5. Prohibited Uses. (a) Cinemas (b) Rooftop parking on parcels directly abutting, or separated by an alley from, a residential district. (c) Any use not specifically authorized. section 9015.6. Property Development Standards. All property in the RVC District shall be developed in accordance with the following standards: . (a) Maximum Buildinq Height and FAR. Maximum build.ing height, nlJ'TIIQer of stories and floor area ratio shall be determined as follows: PROPERTIES BOUNDED MAXIMUM BY THE FOLLOWING MAXIMUM NO. OF MAXIMUM STREETS HEIGHT STORIES FAR Pier Overlay: 30' 2 1.0 a. Santa Monica Pier. The Deauville site to the north, Seaside Terrace to the south, The promenade to the west, and Ocean Avenue to the east. b. Parcels fronting 30' 2 .5 on Ocean Avenue. West side of Ocean 451 3 2.0 . Avenue from pico Boulevard to Seaside - 65 - - 'II ..... Terrace (Ocean Avenue Fronting Parcels Only) East side of Ocean 45' Avenue to First Court from Colorado Boulevard to California Avenue. 3 2.0 . Pico Boulevard to vicente Terrace from west side of Ocean Avenue to The Promenade. 451 3 2.0 There shall be no limitation on the number of stories of any hotel or parking structure so long as the height does not exceed the maximum number of feet permitted in this Section. (b) Maximum Parcel Cove~age. 70 percent. (c) Minimum Lot 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 the effective date of . this Chapter shall not be subject to this requirement. (d) Front Yard Setback. 35 feet along the west side of Ocean Avenue south of Colorado Avenue, 20 feet on the east side of Ocean and 5 feet on all other streets. (e) Rear Yard Setback. 15 feet. (f) Side Yard Setback. The side yard setback shall be- determined in accordance with the following formula, except for lots of less than 50 feet in width for which the side yard shall be lO% of the parcel width but not less than 4 feet: 5' + (stories x lot width) 50' . - 66 - . . . ~ (g) 1>evelopment Review. A Development Review Permit is required for any development of more than 15,000 square feet of floor area an the Promenade, 30,000 square feet of floor area in all other areas of the District, and for any development with rooftop parking. section 90IS.7. Architectural Review. All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 5 of this Article. The construction of a single family dwelling shall be exempt from architectural review. - 67 - ... ... Subchapter 4G. Broadway Commercial District. Section 9016.1. Purpose. The Broadway Commercial District is intended to protect and enhance neighborhood commercial areas by promoting the concentration of businesses that provide convenience goods and services used frequently by local residents. This District provides for a scale and character of development that is consistent with pedestrian orientation and which tends to attract and promote a walk-in clientele. Development within this Oistrict should maximize human scale elements while providing a sensitive transition between thes~ uses and neighboring residences, including the provision of adequate and properly sited parking facilities. Additionally, the Broadway Commercial District encourages residential mixed use of commercially zoned parcels to further enhance the transition between neighborhood commercial and adj acent residential uses, consistent with the goals, objectives, and policies of the General Plan. section 90l6.2. Permitted Uses. The following convenience goods and service type uses shall be permitted in the Broadway Commercial District, if conducted within an enclosed building, except where otherwise permitted: (a) Appliance or electronic repair shops. (b) Art galleries. (e) Artist studios. -(d) Barber or beauty shops. (e) Child day care centers. - 68 - . . . t.t (f) ~eaners . . (g) Drug stores. (h) Food stores. (i) General offices above the first floor. (j) Hardware stores. (k) Laundromats. (l) Libraries. (m) Medical, dent.al, and optometrist offices, provided that the use does not exceed 25% of total square footage of the building or 3,000 square feet, whichever is less. (n) Offices and meeting rooms for charitable, youth and welfare organizations. (0) Places of worship. (p) Public parks and playgrounds. ~ (q) Photocopy shops. (r) Plant nurseries (provided all supplies, except planted stock are kept entirely within an enclosed building). (s) Residential Uses. (t) Restaurants of 50 seats or less. (u) Schools. (v) Small appliance stores. (w) Speciality offices. (x) Tailors. (y) Accessory uses which are determined by the Zoning Administrator to be necessary and customarily associated with, and are appropriate, incidental, and subordinate to, the principal permitted uses and which are consistent with and no . more disturbing or disruptive than permitted uses. - 69 - 'k (z) ... Other uses determined by the zoning Administrator to be similar to those listed above which are consistent with and no more disturbing or disruptive than permitted uses. . Section 9016.3. Uses Subject to Performance Standards Permit. The following uses may be permitted in the Broadway Commercial District subject to approval of a Performance Standards Permit: (a) Automobile storage lots associated with automobile dealerships selling new vehicles on the effective date of this Chapter. Existing automobile storage lots shall comply with Section 9050.10 within three years from the effective date of this Chapter. (b) Large family day care homes. (c) Senior group housing. (d) Shelters for the homeless. (e) Sidewalk cafes. . section 9016.4. Conditionally Permitted Uses. The following uses may be permitted in the Broadway Commercial District subject to the approval of a Conditional Use Permit: (a) Automobile repair shops. (b) Service stations. section 9016.5. Prohibited Uses. (a) Cinemas._ (b) Rooftop parking on parcels directly abutting, or . - 70 - . se~arated By an alley from, a residential district. (c) Any use not specifically authorized. . Section 9016.6. Property Development standards. All property in the Broadway District shall be developed in accordance with the fOllowing standards: (a) Maximum Building Height. 2 stories, not to exceed 30 feet except that if 50% or more of the building is residential, 3 stories, not to exceed 45 feet. (b) Maximum Floor Area Ratio. 1.5. (c) Minimum Lot size. 7,500 square feet. Each parcel shall have minimum dimensions of 50 feet by 150 feet, except that parcels existing on"the effective date of this Chapter shall not be subject to this requirement. (d) Front Yard Setback. Landscaping as required pursuant to the provisions of Subchapter 5B. (e) Rear Yard Setback. None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: . 5' + (stories x lot width) 50' The required rear yard may be used for parking or loading to within 5 feet of the rear parcel line provided the parking or loading does not extend above the fi~st floor level and provided that a wall not less than 5 feet or more than 6 feet in height is erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to perpendicularly cross the - 71 - 'It ..... required rear yard provided the driveway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. ~ (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Subchapter 5B. (f) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories x lot width) 50' The interior side yard may be used for parking or loading' no closer than to within 5 feet of the interior side property line provided the parking or loading does not extend above the first floor level and provided a wall not less than 5 feet or more than 6 feet in height is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for commercial purposes. ~ (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Subchapter 58. (3) A 10 foot setback from an interior property line shall be required for portions of buildings that contain windOWS, doors, or other openings into the interior of the building. An interior side yard less than 10 feet shall be permitted if . - 72 - . . . p~visions"'" of the Uniform Building' Code related to fire rated openings in side yards are satisfied. (g) Development Review. A Development Review Permit is required for any development of more than 22,500 square feet of floor area and for any development with rooftop parking. section 90l6.7. Architectural Review. All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building' permit shall be subject to architectural review pursuant to the provisions of Chapter 5 of this Article. - 73 - .,. ..... Subchapter 4H. C2 Neighborhood Commercia1 District section 9017. 1. Purpose. The C2 District is intended to . protect and enhance neighborhood commercial areas by promoting the concentration of businesses that provide convenience goods and services used frequently by local residents. This District provides for a scale and character of deve10pment that is consistent with pedestrian-orientation and Which tends to attract and promote a walk-in clientele. Development within this District should maximize human scale elements while providing a sensitive transition between these uses and neighboring residence, including the provision of adequate and properly sited parking facilities. Additionally, the C2 District encourages residential mixed use of commercially zoned parcels to further enhance the transition between neighborhood commercial and adjacent residential uses, consistent with the goals, objectives, . and policies of the General Plan. Section 90l7.2. Permitted Uses. The following convenience goods and service type uses shall be permitted in the C2 District, if conducted within an enclosed building, except where otherwise permitted: (a) Appliance stores. (b) Appliance repair shops. (c) Art galleries. (d) Artist studios above the first floor. (e) Branch offices of banks or savings and loan institutions. (f) Barber or beauty shops. . - 74 - . . . '.t ..... (g) Child day care centers. (h) Cleaners. (i) General offices above the first floor. (j) General retail and specialized retail uses. (k) Laundromats. (I) Libraries. (m) Offices and meeting rooms for charitable, youth, and welfare organizations. (n) Photocopy shops. (0) Places of worship. (p) Plant nurseries (provided all supplies, except planted stock, are kept entirely within an enclosed building). (q) Restaurants of 50 seats or less and at which no alcohol is served or consumed. (r) Schools. (s) Shoe repair stores. (t) Speciality offices. (u) Tailors. (v) Theaters with fewer than 75 seats. (w) Accessory uses which are determined by the Zoning Administrator to be necessary and customarily associated wi th, and appropriate, incidental, and subordinate to, the principal permitted uses and which' are consistent with and no more disturbinq or disruptive than permitted uses. (x) Other uses determined by the Zoning Administrator to be similar to those listed above which are consistent with and no more disturbing or disruptive than permitted uses. Section 9017.3. Uses Subject to Performance standards - 75 - 'If ..... Permit. (a) Large family day care homes. (b) Residential uses permitted above the ground floor or . located at the rear of the parcel. (c) Senior group housing. (d) Shelters for the homeless. (e) Sidewalk cafes. Section 9017.4. Conditionally Permitted Uses. The following uses may be permitted in the C2 District subject to the approval of a Conditional Use Permit: (a) Automobile repair shops. (b) Banks and savings and loan institutions.- (c) Take-out or fast food restaurants. (d) Medical, dental and optometrist offices provided that the use does not exceed 25% of the total square footage of the ~ building, or 3,000 square feet, whichever is less. (e) Theaters over 75 seats. (f) Restaurants of 50 seats or less at which alcohol is served or consumed. (g) Service stations. Section 9017.5. Prohibited Uses. (a) Any use not specifically authorized. (b) Cinemas. (e) Drive-in and drive-through restaurants. (d) Parking structures located below the ground in . - 76 - . cdhjunction with commercial development. (e) Rooftop parking. section 9017.6. Property Development Standards. All property in the C2 District shall be developed in accordance with the following standards: (a) Front Yard Setback. Landscaping as required pursuant to the provisions of Subchapter SB. The building must comply with build-to-line requirements pursuant to the provisions contained in Section 9040.5. (b) Maximum Buildinq Height. 2 stories, not to exceed 30 . feet. (e) Maximum Floor Area Ratio. .75 except that 1.0 shall be permitted on pi co Boulevard. Cd) Minimum Lot Size. 7,500 square feet. Eaeh parcel shall have minimum dimensions of SO feet by 150 feet, except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. (e) Rear Yard Setback. None, except: . (I) Where rear parcel line abuts a residential district, a rear yard equal to: 51 + (stories x lot width) 561 The required rear yard may be used for parking or loading to within 5 feet of the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than 5 feet or more than 6 feet in height is erected and maintained along the rear commercial parcel line. - 17 - '.t ..... . Access driveways shall be permitted to cross perpend1cularly the required rear yard provided the dri veway does not exceed the minimum width permi tted for the parking area. A required rear . yard shall not be used for commercial purposes. (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Subchapter 5B. (f) Side Yard Setback. None, except: (l) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 51 + (stories x lot width) 50' The interior side yard may be used for parking or loading no closer than to within 5 feet to the interior side property line provided the parking or loading does not extend above the first . floor level and provided a wall not less than 5 feet or more than 6 feet in height is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for commercial purposes. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Subchapter'5B. (3) A 10 foot setback from an interior property line shall be required for portions of buildings that contain windows, doors, or other openings into the interior of the building. An interior side yard less than 10 feet shall be permitted if . - 78 - . plovisions..... of the Uniform Building Code related to fire rated openings in side yards are satisfied. (g) Development Review. A Development Review Permit is required for any development of more than 11,000 square feet of floor area. section 9017.? Special Proiect Design and Development Standards. proj ects in the C2 District shall comply with the following special project design and development standards. (a) Retail or restaurant uses shall be limited to the first floor except that such uses may extend to a mezzanine level. (b) Ground floor street frontage of each structure shall be pedestrian oriented and designed to accommodate pedestrian oriented uses to a minimum depth of 50 feet from the front of the 4It structure. Section 90l7.8. Architectural Review. All new construction, addi tions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 5 of this Article. . - 79 - ~f; ..... Subchapter 41. C3 Downtown Commercial District. section 9018.l. Purpose. The C3 District is intended to maintain and enhance the downtown area and to provide a concentration and variety of commercial, residential, cultural, and recreational opportunities including comparison and general retail, office, cultural uses, and complementary uses such as hotels, housing, and visitor-serving uses. The C3 District encourages the concentration of other uses which gener~te activity during both daytime and evening hours. The development standards for the C3 District are intended to provide for a sense of human scale and pedestrian-oriented character at the street level amonq a variety of commercial and residential mixed uses in the Downtown, consistent with the goals, objectives, and policies of the General Plan. section 9018.2. Permitted Uses. The following convenience goods and service type uses shall be permitted in the CJ District, if conducted within an enclosed building, except where otherwise permitted: (a) Art galleries. (b) Artist studios above the first floor. (c) Auditoriums. (d) Bakeries. (e) Banks and savings and loan institutions. (f) Barber or beauty shops. (g) Business colleges. (h) Cleaners. - 80 - . . . . . . '.t ... (i) child day care centers. (j) Dance studios. (k) Electric distribution substations. (1) Exercise facilities. em) General offices. (n) General retail and specialized retail uses. (0) Hotels and motels. (p) Laundromats. (q) Medical, dental and optometrist clinics and laboratories. (r) Medical equipment rentals. (s) Museums. (t) Party equipment rentals. (u) Photocopy shops. (v) Places of worship. (w) Restaurants. (x) Shelters for the homeless. (y) Tailors. (z) Theaters. (aa) Trade schools. Cab) variety stores. (ac) Accessory uses which are determined by the zoning Administrator to be necessary and customarily associated with, and appropriate, incidental, and subordinate to, the principal permitted uses and which are consistent and not more disturbinq or disruptive than permitted uses. (ad) Other uses determined by the Zoning Administrator to be - 81 - simflar to ~ose listed above and which are consistent and not more disturbing or disruptive than permitted uses. section 9018.3. Uses Subject to Performance Standards Permit. The following uses may be permitted in the C3 District subject to the approval of a Performance Standards Permit: (a) Automobile rental agencies. (b) Automobile parking lots. (c) Residential uses. (d) Sidewalk Cafes. . Section 9018.4. Conditionally Permitted Uses. The following uses may be permitted in the C3 District subject to the approval of a Conditional Use Permit: (a) Automobile parking structures. (b) Bed and breakfast facilities. (c) Billiard parlors. (d) Bowlinq alleys. (e) Cinemas. (f) Clubs and lodges. (g) Convention and conference facilities. (h) Funeral parlors and mortuaries. (i) Liquor stores. (j) Night clubs. (k) Open air farmers markets. (1) Service stations. (m) Skating rinks. Cn) Take-out restaurants. . . - 82 - t# (0) Vehicle repair and equipment installation facilities. . Section 9018.5. Prohibited Uses. (a) Rooftop parking on parcels directly abutting, or separated by an alley from, a residential district. (b) Any use not specifically authorized. (c) Drive-in, drive-through, and fast food restaurants. section 9018.6. Property Development standards. All property in the C3 District shall be developed in accordance with the following standards: (a) Maximum Buildin9 Hei9ht. Three stories, not to exceed 45 feet except that in the area bounded by 6th and 7th street between Santa Monica Boulevard and Colorado Avenue, the maximum . height may be 4 stories, 56 feet provided 50% of the project is restricted to residential uses. There shall be no limitation on the n"urlber of stories of any hotel, residential structure, or detached parking structure, so long as the height does not exceed the maximum number of feet permitted in this section. (b) Maximum Floor Area Ratio. 2.0, except that the area bounded by 6th and 7th street between Santa Monica Boulevard and Colorado Avenue, 2.5 provided sot of the project is restricted to residential uses. (c) Minimum Lot Size. 7,500 square feet. Each parcel shall contain a minimum depth of 150 feet and a minimum width of 50 feet, except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. . Cd) Front Yard Setback. Landscaping as required pursuant - 83 - to tfte provi-Sions of Subchapter 58. (e) Rear Yard Setback. None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 51 + (stories x lot width) . 50t The required rear yard may be used for parking or loading to within 5 feet of the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than 5 feet or more than 6 feet in height is erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to perpendicularly cross the. required rear yard provided the driveway does not exceed the minimum width permi tted for the parking area. A required rear yard shall not be used for commercial purposes. ~ (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Subchapter 58. (f) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 51 + (stories x lot width) 501 The interior side yard may be used for parking or loading no closer than 5 feet to the interior side property line provided the parking or loading does not extend above the first floor . - 84 - . . . '.t ..... level and provided a wall not less than 5 feet or more than 6 feet in height is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for commercial purposes. That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Subchapter 58. _ (3) A IO foot setback from an interior property line shall be required for portions of buildings that contain windows, doors, or other openings into the interior of the building. An interior side yard less than 10 feet shall be permitted if provisions of the Uniform Building Code related to fire rated openings in side yards are satisfied. (g) D8;velopment Review. A Development Review Permit is "required for any development of more than 30,000 square feet of floor area and for any development with rooftop parking. section Review. Architectural All 9018.7. new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 5 of this Article. - 85 - '.t ..... Subchapter 4J. C3-C Downtown Overlay District. section 9019.1. Purpose. The C3-C District is intended to provide for a concentration of comparison retail and cultural uses in addition to complementary uses such as hotels, offices, and housing. The development standards for the C3-C District are intended to permit a greater amount of floor area per parcel in order to encourage an increase in the mix of activity in the area while providing for development that maintains a sense of human scale and pedestrian-oriented character, consistent with the goals, objectives, and policies of the General Plan. Section 9019.2. Permitted Uses. The following convenience goods and service type uses shall be permitted in the C-3C District, if conducted within an enclosed building, except where otherwise permitted: (a) Art Galleries. (b) Artist studios above the first floor. (c) Appliance repair shops. (d) Bakeries. (e) Banks and savinqs and loan institutions. (f) Barber or beauty shops. (q) Business colleges. , (h) Child day care centers. (i) Cleaners. (j) CUltural facilities. (k) Dance studios. (l) Electric distribution substations. - 86 - . . . . '.t (m) "Exercise facilities. (n) General offices above the first floor and first floor offices not at the street frontage. (0) General Retail. (p) Health equipment rentals. (q) Exercise Facilities. (r) Laundromats. (s) Medical, dental and optometrist clinics and laboratories. Museums. Party equipment rentals. Photocopy shops. Places of worship. Restaurants. Shelters for the homeless. Small appliance stores. Tailors. Theaters. Trade Schools. variety stores. Accessory uses which are determined by the Zoning Administrator to be necessary and customarily associated with, and appropriate, incidental'", and subordinate to, the principal permitted uses and which are consistent and not more disturbing or disruptive than permitted uses. (af) Other uses determined by the Zoning Administrator to be similar to those listed above and which are consistent and not more disturbing or disruptive than permitted uses. (t) (u) (v) (w) (x) . (y) (z) (aa) (ab) (ac) (ad) (ae) . - 87 - ~Section""'9019.3. Uses Subject to Performance Standards Permit. The following uses may be permitted in the C3-C District subject to the approval of a Performance Standards Permit: ~ (a) Automobile rental agencies. (b) Residential uses. (e) Sidewalk cafes. section 90l9.4. conditionally Permitted Uses. The following uses may be permitted in the C3-C District subject to the approval of a conditional Use Permit: . (a) (b) (c) (d) (e) ( f) (g) (h) ( i) (j) (k) el) em) (n) (0) (p) (q) Auditoriums Automobile parking lots and structures. Automobile repair facilities. Billiard parlors. Bowling alleys. Cinemas. Clubs and lOdges. Convention and conference facilities. Hotels and motels. Liquor stores. Nightclubs Offices at the ground floor street frontage. Open air farmers market. Restaurants where entertainment and dancing occurs. Service stations. Skating rinks. Take-out and fast food restaurants. . . - 88 - . . . ~.t sectiSn 9019.5. Prohibited Uses. (a) Drive-in and drive-through restaurants. (b) Rooftop parking on parcels directly abutting, or separated by an alley from a residential district. (c) Any use not specifically authorized. section 9019.6. Property Development Standards. The property development standards for the C3-C District shall be four stories 56 feet and 2.5 FAR except that floor area devoted to residential uses shall be discounted by 50%. with the exception of residential uses, where the development standards of this Subchapter are inconsistent with the Third Street Mall Specific Plan, the standards contained in the Third street Mall Specific Plan shall govern. section 9019.7. Standards. (a) Ground floor street frontage of each structure shall be pedestrian oriented and be designed to accommodate pedestrian oriented uses to a minimum depth of 50 feet from the front of the Special Project Desiqn and Development structure. (b) A Development Review Permit is required for any new development of more than 30,000 square feet of floor area and for any development with rooftop parking. Section 9019. 8. Architectural Review. All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building permit - 89 - . . . ~ " Subchapter 4K. C4 Highway Commercial District. section 9020.1. Purpose. The C4 District is intended to provide for the future orderly development of the major highway commercial corridors in the city. The C4 District is intended to encourage service commercial businesses, auto sales and service dealerships, and other similar uses that serve regional, community, and local needs, while respecting adjacent residential neighborhoods and established neighborhood commercial areas, consistent with the goals, objectives, and policies of the General Plan. section 9020.2. Permitted Uses. The following uses shall be permitted in the C4 District, if conducted within an enclosed building, except where otherwise permitted: (a) ~~hulance Service. (b) Appliance repair shops. (e) Artist studios above the first floor. (d) Automatic ice dispensing machine which need not be in an enclosed building. (e) Bakeries. (f) Banks and savings and loan institutions. (g) Barber or beauty shops. (h) Bowling alleys. (i) Business colleges. (j) Child day care centers. (k) Cleaners. (l) Dance studios. - 91 - ~(m) Elrctrical shops. (n) Electric distribution substations. (0) Funeral parlors or mortuaries. (p) General offices. (q) General retail and specialized retail uses. (r) Laundromats. (s) Medical, dental and optometrist clinics laboratories. (t) Medical equipment rentals. (u) Public parks and playgrounds. (v) Party equipment rentals. (w) Photocopy shops. (x) Places of worship. (y) Plant retail stores. (z) Real estate offices. (aa) Restaurants of 50 seats or less. (ab) Shelters for the homeless. (ae) Sign painting shops. (ad) Skating rinks. Cae) Tailors. (af) Trade schools. (ag) Variety stores. C ah) Accessory uses which are determined by the Zoning Administrator to be necessary and customarily associated wi th, and appropriate, incidental, and subordinate to, the principal permitted uses and which are consistent and are no more disruptive or disturbing than permitted uses. (ai) other uses determined by the Zoning Administrator to be - 92 - . and . . . . . t,t ~ similar to those listed above and which are consistent and no more disruptive or disturbing than permitted uses. section 9020.3. Uses Subject to Performance Standards Permit. The following uses may be permitted in the C4 District subject to the approval of a Performance Standards Permit: (a) Automobile dealerships. (b) Residential uses. (c) Service stations. (d) Sidewalk cafes. Section 9020.4. conditionally Permitted Uses. The following uses may be permitted in the C4 District subject to the approval of a Conditional Use Permit: (a) Auditoriums. (b) Automobile parking lots and structures. (c) Automobile repair facilities. (d) Billiard parlors. (e) Clubs and lodges. (f) Drive-in, drive-through, take-out, and fast food restaurants. (g) Exercise facilities. (h) Hotels and motels. (i) Liquor stores. (j) Night Clubs. (k) Restaurants over 50 seats. (l) Self-service storage warehouses. - 93 - '.t sectiorl'" 9020.5 . Prohibited Uses. (a) cinemas. (b) Rooftop parking on parcels directly abutting, or . separated by an alley from, a residential district. (0) Any use not specifically authorized. Section 9020.6. Property Development Standards. All property in the C4 District shall be developed in accordance with the following standards: (a) Maximum Buildin9 Hei9ht and FAR. Maximum building height, number of stories, and floor area ratio shall be determined as follows: pico Blvd. 30. 2 1.0 7th st. Lincoln pico Blvd. 30' 2 1.5 . Lincoln-llth St. - 94 - tk ..... 1.5 North side 30' 2 of Broadway . 20th st. to 26th st. With Approval of A Conditional Use Permit: pico Blvd. 30' 2 I.S 45' 3 2.0 21st-31st sts. provided the project incorporates any of the following uses: a. A . full service grocery store having at least 5,000 square feet of gross floor area. b. Housing affordable to low or moderate income households. c. Uses which . satisfy local service needs such as a laundromat, home improvement store, pharmacy or drug store, and/or cleaners. 14th st. 30' 2 1.5 45' 3 2..0 pico Blvd.-Fwy. provided the project incorporates any of the following uses: b. a. Housing affordable to low or moderate income households. Uses which satisfy local service needs such as a laundromat, home improvement store, pharmacy or drug store, and/or cleaners. . - 95 - 'k .... There shall be no limitation on the number of stories of any hotel, residential structure, or detached parking structure, so Ionq as the height does not exceed the maximum number of feet . permitted in this Section. (b) Minimum Lot Size. 7,500 square feet. Each parcel shall contain a minimum depth of 150 feet and a minimum width of 50 feet except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. (c) Front Yard Setback. Landscaping as required pursuant to the provisions of Subchapter 5B. (d) Rear Yard Setback. None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories x lot width) 50' . The required rear yard may be used for parking or loading to within 5 feet of the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than 5 feet or more than 6 feet in height is erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to perpendicularly cross the rrequired rear yard provided the driveway does not exceed the minimum width permi tted for the parking area. A required rear yard shall not be used for commercial purposes. . - 96 - . 'k ..... (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Subchapter 5B. (e) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories x lot width) 50' . The interior side yard may be used for parking or loading no closer than 5 feet to the interior side property line provided the parking or loading does not extend above the first floor level and provided a wall not less than 5 feet or more than 6 feet in height is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for comlnercial purposes. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Subchapter 5B. (3) A 10 foot setback from an interior side property line shall be required for portions of buildings that contain . windows, doors, or other ,openings into the interior of the building. An interior side yard less than 10 feet shall be permitted if provisions of the Uniform Building Code related to fire rated openings in side yards are satisfied. (f) Development Review. A Development Review Permit is 4It required for any development of more than 25,000 square feet and - 97 - fit ..... any development with rooftop parking. Section 9020.7. Architectural Review. All new construction, new additions to existing buildings, and any other ~ exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 5 of this Article. .. . - 98 - . . . i,t ..... Subchapter 4L. C5 Special Office Commercial District. Section 9021.1. Purpose. The C5 District is intended to provide for the development of office and advanced technology uses, scientific research, and administration, and for limited manufacturing of related products which require large expanses of floor area on large parcels. Development intensity is intended to encourage the construction of off ice uses and other uses within a campus-like environment that will be compatible with abutting residential neighborhoods, especially in terms ot scale and building mass. Within the CS District it is the goal of the City to preserve and protect existing rights-of-way for future transit opportunities. Section 9021.2. Permitted Uses. The following uses shall be permitted in the C5 District, if conducted within an enclosed building, except where otherwise permitted: (a) Artist studios. (b) Child day care centers. (c) General offices. Cd) Laboratories and facilities for scientific research development and testings. (e) Light manufacturi~g. (f) Medical, dental and optometrist clinics and laboratories. (g) Non-acute, inpatient health care facilities. (h) Places of worship. (i) Production of experimental products, and the - 99 - '.t ..... manufacturing of such products as may be necessary to the development of production or operating systems where such systems are to be installed and operated at another location. (j) Public or private schools existing prior to adoption of this Chapter. (k) Public utility service centers and service yards. (1) Shelters for the homeless. (m) Trailer courts or mobilehome parks existing prior to adoption of this Chapter. (n) Accessory uses which are determined by the Zoning Administrator to be necessary and customarily associated with, and are appropriate, incidental, and subordinate to the principal permitted uses and which are consistent and no more disruptive or disturbing than permitted uses. (0) other uses determined by the Zoning Administrator to be similar to those listed below which are consistent and no more disruptive or disturbing than permitted uses. section 9021.3. Uses Subject to Performance Standards Permit: (a) Automobile rental agencies. Cb) Service stations. Section Conditionally Permitted Uses. 9021.4. The . . following uses may ~e permitted in the C5 District subject to the approval of a Conditional Use Permit: (a) Art Galleries (b) Automobile dealerships. (e) Dwelling units in conjunction with live-in work . - lOO - . . . st1S.dios. h (d) No more than 25% of the total square footage of a development shall be devoted to the following incidental businesses that provide goods and services to employees on the premises: (1) Banks and savings and loan institutions. (2) Business machine sales, display, and service. (3) Drafting, blueprinting and reproduction services. (4) Health clubs and qymnasiums. (5) Medical appliance sales. (6) Office furniture and equipment sales. (7) Pharmacies and drug stores. (8) Restaurants. (9) Retail to serve primarily employees working and visitors to businesses on the premises. (10) Travel and employment offices (e) New industrial and manufacturing uses or expansion of existing industrial and manufacturing uses conducted wi thin an enclosed building or an open enclosure screened from public view, provided they are compatible with office and advanced technological uses. (f) Public or private schools. (g) Public storage faailities, mini-warehouses. (h) Service stations. (i) Any use of a transportation right of way for other than transportation purposes. - IOl - ~Section-9021.5. Prohibited Uses. (a) Cinemas. (b) Drive-in and drive-through restaurants. (c) Rooftop parking on parcels directly abutting, or separated by an alley from, a residential district. . (d) Any use not specifically authorized. section 9021.6. Property Development Standards. All property in the C5 District shall be developed in accordance with the following standards: (a) Maximum Buildinq Heiqht. Three stories, not to exceed 45 feet. There shall be no limitation on the number of stories of any parking structure so long as the height does not exceed the number of feet permitted in this section. (b) Maximum Floor Area Ratio. 1.0, or 1.25 for automobile centers if 50% of the square footage is devoted to automobile . . dealerships previously existing in the city and relocating their entire retail sales and automobile storage operations to the site. (c) Minimum Lot Size. 15,000 square feet. Each parcel shall contain a minimum depth of 150 feet and a minimum width of loa feet except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. (d) Front Yard Setback. 20 feet minimum depth from any public right-of-way or the transportation right-Of-way. (e) Rear Yard Setback. None, except: . - I02 - . . . 't ... (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories x lot width) 50' The required rear yard may be used for parking or loading to wi thin 5 feet of the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than 5 feet or more than 6 feet in height is erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to perpendicularly cross the required rear yard provided the driveway does not exceed the minimum width permi tted for the parking area. A required rear yard shall not be used for commercial purposes. (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Subchapter 5B. (f) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories x lot width) 50' The interior side yard may be used for parking or loading no closer than to 5 feet to the interior side property line provided the parking or loading does not extend above the first floor level and provided a wall not less than 5 feet or more than 6 feet in height is erected and maintained along the side - I03 - cowlercial ~rcel line. A required interior side yard shall not be used for access or for commercial or manufacturing purposes. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Subchapter 5B. (3) A 10 foot setback from an interior property line shall be required for portions of buildings that contain windows, doors, or other openings into the interior of the building. An interior side yard less than 10 feet shall be permitted if provisions of the Uniform Building Code related to fire rated openings in side yards are satisfied. (g) Development Review. A Development Review Permit is required for any development of more than 30,000 square feet of floor area and any development with rooftop parking. section 9021.7. Architectural Review. All construction, addi tions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 5 of this Article. - 104 - . . . . . . ~ h Subchapter 4M. C6 Boulevard commercial District. Section 9022.1. Purpose. The C6 District is intended to accommodate a wide range of general retail, office, and financial uses serving regional, community, and local needs and to promote new development that is compatible with the scale and character of adjacent residential neighborhoods, consistent with the goals, objectives, and policies of the General Plan. Section 9022.2. Permitted Uses. The following convenience goods and service type uses shall be permitted in the C6 District, if conducted within an enclosed building, except where otherwise permitted: (a) Appliance repair shops. (b) Art Galleries. (c) Artist studios above the first floor. (d) Automatic ice dispensing machines which need not be in an enclosed building. (e) Bakeries. (f) Banks and savings and loan institutions. (g) Barber or beauty shops. (h) Business colleges. (i) Child day care centers. (j) Cleaners. (k) Clubs and lodges. (1) CUltural facilities. (m) Dance studios. (n) Electric distribution substations. - 105 - ~... (0) En~losed storage facilities. (p) Exercise facilities. (q) Funeral parlors or mortuaries. (r) General offices. (s) General retail and specialized retail uses. (t) Laundromats. (u) Medical, dental and optometrist clinics and laboratories. (v) Medical equipment rentals. (w) Party equipment rentals. (x) Places of worship. (y) Photocopy shops. (z) Real estate offices. (aa) Restaurants. (ab) Shelters for the homeless. (ae) Sign painting shops. (ad) Small appliance repair shops. (ae) Tailors. (af) Theaters. (a9) Trade schools. (ah) Accessory uses which are determined by the Zoning Administrator to be necessary and customarily associated with, and appropriate, incidental,~ and subordinate to, the principal permitted uses and which are consistent and are no more disruptive or disturbing than permitted uses. (aq) other uses determined by the Zoning Administrator to be similar to those listed above and which are consistent and no more disruptive or disturbing than permitted uses. - 106 - . . . . . . ~ Section 9022.3. Uses Subject to Performance Standards Permit. (a) Automobile rental agencies. (b) Residential uses. (c) Sidewalk cafes. section 9022..4. conditionally Permitted Uses. The following uses may be permitted in the C6 District subject to the approval of a Conditional Use Permit: (a) Any single or cumulative expansion of over sot of the floor area of an automobile dealership or automobile storage lot existing on the effective date of this Chapter or any substantial remodel of an existing automobile dealership or automobile storage 101:. (b) Auditoriums. (c) Department stores over 50,000 square feet. (d) Hotels and motels. (e) Night clubs. (f) Service stations. (g) Take out and fas1: food restaurants. (h) Theaters. Section 9022.5. Prohibited Uses. (a) cinemas. (b) Rooftop parking on parcels directly abutting, or separated by an alley from, a residential district. (c) Any use not specifically authorized. - 107 - ~sectionh 9022.6. Property Development standards. All property in the C6 District shall be developed in accordance with the following ~tandards: (a) Maximum Buildinq Heiqht. 3 stories, not to exceed 45 feet. There shall be no limitation on the number of stories of any hotel, residential structure or detached parkinq structure so lonq as the height does not exceed the maximum nn"'~er of feet permitted in this Section. (b) Maximum Floor Area Ratio. 2.0. (e) Minimum Lot Size. 7,500 square feet. Each parcel shall contain a minimum depth of 150 feet and a minimum width of 50 feet, except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. (d) Front Yard Setback. Landscaping as required pursuant to the provision of Subchapter 5B. (e) Rear Yard Setback. None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories x lot width) 50' The required rear yard may be used for parking or loading to within 5 feet of the rear parcel line provided the parking or loadinq does not extend above the first floor level and provided that a wall not less than 5 feet or more than 6 feet in height is erected and maintained along the rear commercial parcel 1 ine. Access driveways shall be permitted to cross perpendicularly the required rear yard provided the driveway does not exceed the - 108 - . . . mi'flimum witdth permi tted for the parking area. A required rear yard shall not be used for commercial purposes. . (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Subchapter 5S. (f) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories x lot width) 50' . The interior side yard may be used for parking or loading no closer than 5 feet to the interior side property line provided the parking or loading does not extend above the first floor level and provided a wall not less than 5 feet or more than 6 feet in height is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for commercial purposes. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Subchapter 55. (3) A 10 foot setback from an interior property line shall be required for portions of buildings that contain windows, doors, or other openings into the interior of the building. An interior side yard less than 10 feet shall be permitted if provisions of the Uniform Building Code related to fire rated . openings in side yards are satisfied. - 109 - '. (q) Dl!Velopment Review. A Development Review Permit is required for any development of more than 30,000 square feet of floor area and any development with rooftop parking. . section 9022.7. Architectural Review. All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 5 of this Article. . . - 110 - fA' ... Subchapter 4N. CM Main Street Special Commercial District. . section 9023.1. Purpose. The CM District is intended to protect a special, historic commercial district and adjoining residential neighborhood by recognizing: (a) The Main street Special Comm~rcial District has historically accommodated a variety of uses, including commercial uses, which have provided daily necessi ties, places of employment, leisure time opportunities for those living in the surrounding commQnity and the greater Santa Monica area, as well as for the area's large number of tourists. (b) The Main street Special Commercial District is in direct proximity to adjoining residential neighborhoods of high density but principally low to moderate scale, and as a coastal . commercial area also adjoins popular beach recreation areas which regularly generate a substantial transient influx. The Main Street special Commercial District is established to encourage physical improvements of low to moderate scale which will continue to be eompatible with nearby commercial and residential uses and which will provide a balanced supply of goods and services consistent with the historical pattern. section 9023. 2 permi tted Uses. The following uses are permitted in the IleM" Main street Special commercial District: (a) Residential uses, except motels, hotels and hostels, are permitted above the first floor. . - 111 - 'A' (b) Miy of the following uses, if conducted within an enclosed building, in accordance with the special conditions set forth in Section 9023.7: . 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Antique and second-hand stores. Artist studios above the first floor. Banks. Bakeries. Bicycle shops. Delicatessens. Dressmakers (Tailor shops). Druq store. Feed or fuel store. Film exchange or developing. Florist, flower, and plant nursery. Gymnasium, dance studio. Ice-Cream, yogurt, frozen dessert stores (retail ice cream, yogurt, and frozen dessert only, no seating). Laundry, laundromat, dry cleaners. Medical and dental clinics or laboratories. (Laboratories permitted above the first floor only). Pet stores, taxidermists. Print or publishing shop. P1umbinq shops. Repair shops for household equipment. Retail stores and offices. Shelters for the homeless. Theaters and auditoriums with fewer than 75 seats. . . - 112 - 'A' 23. 24. 25. 26. . ~pholsterer's shops. Wholesale stores where public is invited. Restaurants with fewer than 50 seats. Such other uses as the Zoning Administrator may find to be similar to those listed above and not more obnoxious to surrounding property. Seetion 9023.3. Permit. None. Uses Subject to Performance Standards section 9023.4. conditionally Permitted Uses. The fOllowing uses may be permitted in the eM District subject to the approval of a conditional use permit and subject to the special eonditions contained in Section 9023.7: (a) Automobile repair and service. (b) Restaurants with 50 seats or more. (e) Bars. (See section 9023.7). (d) Fast-food and take-out establishments. ee) Business college. (f) Catering business. (g) Hotels and hostels (not motels) of less than 80 rooms only, north of Bay Street or in the area bounded by Marine street, Neilson Way, the south City limits, and Seeond Street. (h) Liquor stores in which more than 50 percent of the display area is devoted to alcoholic beverages. (1) Music conservatories and instruction. (j) Sign painting shops. (k) Trade schools. . . - 113 - 'A' (1) (m) (n) (0) Ttteaters and auditoriums with more than 75 seats. Any single occupancy or contiguous, integrated use in excess of 8,600 square feet of floor area. Any single occupancy or contiguous, integrated use in excess of 75 feet of ground-floor Main Street frontage. Any existing use. wishing to add regularly scheduled entertainment for which there would be inadequate parking. . section 9023.5 Prohibited Uses. The following are speeifically prohibited in the "eMit District: (a) Bars above the first floor. (b) Billboards. (e) Billiard parlors and pool halls. (d) Bowling alleys. . (e) Cinemas. (f) Drive-in or drive-through uses. (q) Game arcades. (h) Motels. (i) Retail uses above the second floor. (j) Restaurants above the second floor. (k) Sex-oriented uses. (1) Any expansion of seats in existing restaurants beyond the present number of seats, or over 50 seats, whichever is greater, if the provisions of section 9023.7 are exceeded. . - 114 - . ~.t Secti5n 9023 . 6 Property Development standards. All property in the CM District shall be developed in accordance with the following standards: (a) Maximum Building Height. There shall be three height districts in the IICM1I District. Any property classified in the "CM" Districted shall also be classified in a height distriet. Building Height limits in the specific districts designated on the zoning Map shall be as follows: CM-2. Building in the CH-2 District shall not exceed two stories and 27 feet in height. CM-3. Buildings in the CM-3 District shall not exceed three stories and 35 feet in height. . CM-4. Building in the CM-4 District shall not exceed four stories and 47 feet in height. For the purposes of this section, height limit is the maximum roof height as defined by this Chapter, excluding parapets, mechanical housing and other appurtenant roof-top structures or penetrations such as skylights, stairwells, ventilation atria and other architectural amenities intended to distinguish the overall design, but which do not tend to obscure the intended height limits. (b) Maximum Floor Area Ratio. . CH-2: 1.5 FAR CM-3: 2.0 FAR CM-4: 2.5 FAR - 115 - Mul~-reside~tial units devoted strictly to apartment residential uses shall be computed at one-half (1/2) the actual total floor area. . (c) Front Yard Setback. A front yard shall be provided and maintained. said yard shall have a minimum depth as follows: 1. computation/Dimensions/Driveway. Required front yard space may be provided in any configuration" on any floor or floors provided the first floor area is not less than 3 percent of the site area and is not less than eight feet wide. Only that portion of a driveway forward of the foremost building line which is treated in an aesthetic manner similar or identical to the remainder of the front yard shall be included in the computation of front yard area. 2. CM-2 District, east side of Main Street, a front yard equal to 3 percent of the total site area shall be required . for the first floor only. 3. CM-2 District, west side of Main street, a front yard equivalent to 3 percent of the total site area multiplied by the number of floors of the structure. 4. CM-3 District, same as CM-2, west side of Main street. 5. CM-4 Distriot, same as CM-2, west side of Main street. (d) maintained. Rear Yard Setback: A rear yard shall be provided and Said yard shall have a minimum depth as follows: l. CM-2 District, east side of Main street. - 116 - . . . . No~rear yard shall be required for one-story structures and for the first floor of a two story structure, provided that any portion of the first floor which is within five feet of the rear property line is not more than nine feet in height and is fully enclosed, i.e., without windows, doors, or ventilation openings permitting visual access to adjoining residential property. Any portion of the first floor that either exceeds nine fee1: in heiqht or is not fully enclosed shall be at least five feet from the rear property line. The minimum rear yard requirement for the second story portion of a two story structure shall be 25 feet. a. Use of Rear Yard. commercial use in the required rear yard is not permitted. b. Non-commercial uses and parking are permitted in the rear yard to the rear property line on the ground level. c. Use of Roof in Rear Yard. No portion of the first floor roof within 15 feet of the rear property line may be used for any purpose other than maintenance and repair. The next 10 feet may be privately used (not open to the public) if enelosed with a solid six foot barrier and window design that prevents visual intrusion of adjoining residential property. d. Exception. There shall be no rear yard setbacks required where existing parkinq improvements and common ownership extend through to Second Street. 2 . CM-2 District, west side of Main street. No rear yard shall be required for a one-story structure, provided that any portion of the first floor structure which is within five feet of the rear property line does not exceed nine feet in - 117 - hei~t. An~portion of the first floor that exceeds nine feet in height shall be at least five feet from the rear property line. The minimum rear yard requirement for the second story of a two . story structure shall be seven and one-half feet. 3. CM-3 District. Rear yard requirements in the CM3 District shall be the same as those required in the CM-2 District, west side of Main street, for one and two story structures with a minimum requirement of 15 feet for any portion of a third story. 4. CM-4 District. No rear yard shall be required. (e) side Yard Setback. None. (f) Development Review. A Development Review Permit is required for any development of more than 15,000 square feet of floor area. Section 9023.7. Special Project Desiqn and Development . Standards. proj ects in the CM District shall comply with the following special project design and development standards., (a) First floor uses must be Itpublic invited". A public invited establishment is one that permits entry for the purpose of doing business to the publie generally. An establishment does not lose its public invited character because the business may be appointment only, or becaus~ a reception area or other internal barrier is interposed between the public and business offices. (b) First floor retail or restaurant uses may extend to a mezzanine level not exceeding 40 percent of the first floor area. (e) Second floor retail uses which must be "community oriented.1t For purposes of this section, "community oriented" is . - 118 - derined as-those uses which provide commercial goods likely to be consumed on a regular basis in the normal life of the adjoining . community. (d) Restaurants are limited to two restaurants per block (unless otherwise specified in this Section) (a block beinq both sides of Main street and the adjacent sides of adjoining side streets). Portions of Main street to be desiqnated "Block" for the purpose of this section are: Block 1: south city Limits to Marine Street. Block 2: Marine street to pier street. Block 3: Pier to Ashland. Block 4: AShland to Hill. Block 5: Hill to Ocean Park. . Block 6: Ocean Park to Hollister (4 restaurants permitted in this block). Block 7: Hollister to strand. Block 8: Strand to Pacific. Block 9: Pacific to Bicknell. Block 10: Bicknell to Bay. Block 11: Bay to pico. Restaurants with more than 50 seats, restaurants with _ a substantial take-out business, and any second-floor restaurant , use will require a Conditional Use Permit. (e) Bars may not exceed seven in number south of Ocean Park Boulevard, nor five in number north of Oeean Park Boulevard. No bars shall be located on any Main Street corners. (For ~ purposes of this section, bars are defined as establishments with - 119 - "pubtlic pre:af1ses" liquor licenses and restaurants with a liquor serving facility that is physically separate from the dining area and is regularly operated during hours not corresponding to food . service hours). Conditional Use Permits are required for all bars. (f) In structures housing mixed commercial and residential uses, parking above the first floor shall be allowed. (g) other sections of this Chapter notwi thstandinq , the following requirements shall apply to establishments with live entertainment or other loud music for which a building permit or use permit is sought after October 10, 1980: 1. Exterior wall and window construction must be to a minimum STC rating of 45, as determined by the ASTM or other similar accepted industry standard. 2. Exterior Doors and Doorways: a. Doors must be solid core or mineral filled. b. Doors must be gasketed to provide a seal at head, sill and jamb. c. Main entrance must contain an rlacoustic lock" or other equivalent "sound trap". d. The intent of this section is to require an establishment providinq entertainment or loud music to contain the resulting noise within its walls to the greatest extent possible. (h) Notwithstanding' specific special references contained herein, the provisions of Subchapter 4N are not meant to apply to: . 1. Uses in existence on October 10, 1980, regardless of ~ - 120 - . . . ch~ges of~ownership, unless the use is intensified by a floor area addition of more than 15 percent or by other substantial intensification, such as the introduction of regularly scheduled entertainment, except that there may be no more than an incidental increase in the service area floor space of bars and restaurants. 2. Changes in use which result in a use permitted in this Subchapter that is less intense than the current use. Existing uses shall count toward the total number of bars and restaurants permitted within the District. A currently existing use shall he considered no longer existing if that use is voluntarily changed or is abandoned for a period of one year. - 121 - '/I ... Subchapter 40. CP Commercial Professional District. section 9024.1. Purpose." The CP District is intended to provide for the future orderly expansion of the City's hospitals and related health care facilities in order to meet the needs of both the community and region while protecting the integrity of the surrounding residential neighborhoods in a manner consistent with the goals, objectives, and policies of the General Plan. section 9024.2 Permitted Uses. The following uses shall be permitted in the CP District, if conducted within an enclosed building, except where otherwise permitted: (a) Adult day care facilities. (b) Artist studios. (c) Barber or beauty shops. (d) Child day care centers. (e) Confectionery stores. (f) Convents, monasteries and other similar group living quarters. . . (g) Delicatessens. (h) Drug stores. (i) Florists. (j) Gift or souvenir shops. (k) Hospitals. (1) Ice cream shops. em) Medical and dental Clinics and laboratories. (n) Medieal and general offices. (0) Medical supplies and services. (p) Offices and meeting rooms for charitable, youth, and . - 122 - . . w~fare o~anizations. (q) Office supply stores. (r) Public parks and playgrounds. (s) Residential uses. (t) Restaurants. (u) Rest homes. (v) Sanitariums. (w) Schools. (x) Shelters for the homeless. (y) stationery stores. (z) Accessory uses which are determined by the Zoning Administrator to be necessary and customarily associated with, and appropriate, incidental, and subordinate to, the principal permitted uses and which are consistent and not more disturbing or disruptive than permitted uses. (aa) Other uses determined by the Zoning Administrator to be similar to those listed above and which are consistent and not more disturbing or disruptive than permitted uses. section 9024.3. Uses Subject to Performance Standards. The following uses may be permitted in the CP District subject to the approval of a Performance Standards Permit: (a) Residential uses within a mixed use projeet. (b) Senior group housing. (c) Sidewalk cafes. section 9024.4. conditionally Permitted Uses. The 4It following uses may be permitted in the CP District subject to the - 123 - app~val of ~ conditional Use Permit: (a) Automobile parking lots and structures. (b) Banks and savings and loan institutions. (c) Clubs and lodges. (d) Credit agencies. (e) Credit unions. (f) Dance and exercise studios. (g) Funeral parlors and mortuaries. (h) Libraries. (i) Places of worship. . Section 9024.5. Prohibited Uses. (a) Helicopter landing facilities. (b) Rooftop parking on parcels directly abutting, or separated by an alley from a residential district. (c) Any use not specifically authorized. . Section 9024.6. Property Development Standards. All property in the CP District shall be developed in accordance with the following standards unless otherwise provided in the Hospital Area Specific Plan: - (a) Maximum Buildinq Height. Maximum building height, m!mner of stories, and floo~ area ratio shall be determined as follows: . - 124 - Ff; .. With Approval of a Development Review Permit . Max. Max. Max. No. of Max. Max. No. of Max. Height stories FAR Height Stories FAR CP3 45' 3 1.5 CP5 45' 3 1.5 70' 5 2.5 There shall be no limitation on the number of stories of any hotel or detached parking structure so long as the height does not exceed the maximum number of feet permitted in this section. (b) The main hospital campus of saint John's Hospital and Health Center shall be divided into two parcels for purposes of calculatinq FAR. Parcel A -- Lot 13, Block 3, orchard. Tract; Parcel B -- Lots 4-29, Tract No. 4618 and Lots 1, 2 and 3, Tract No. 7764. . (c) Parking structures developed in the CP Oistrict in which at least half of the spaces are provided to address an existing parking space deficiency or are replacing existing parking shall not be subj ect to FAR limitations I but shall be required to meet all other development standards for the area. (d) Minimum Lot Size. 7 , 500 square feet. Each parcel shall contain a minimum depth of 150 feet and a minimum width of 50 feet, except that parcels on the effective date of this Chapter shall not be subject to this requirement. (e) Front Yard Setback. As shown on the Official Districting Map of the City, or, if no setbaek is specified, 20 feet. . (f) Rear Yard Setback. None, except: - 125 - ., (*1.) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories x lot width) . 50' The required rear yard may be used for parking or loading to within 5 feet of the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than 5 feet or more than 6 feet in height is erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to cross perpendicularly the required rear yard provided the driveway does not exceed the minimum width permi tted for the parking area. A required rear yard shall not be used for commercial purposes. (2) That needed to accommodate landscaping and sereeninq for a rear yard buffer required pursuant to the . provisions of Subchapter SB. (g) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories x lot width) . sot - The interior side yard may be used for parking or loading no closer than 5 feet to the interior side property line provided the parking or loading does not extend above the first floor level and provided a wall not less than 5 feet or more than 6 feet in height is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for commercial purposes. . - 126 - . . . '.t ... (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Subchapter SB. (3) A 10 foot setback from an interior property line shall be required for portions of buildings that eontain windows, doors, or other openings into the interior of the building. An interior side yard less than 10 feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. (h) Development Review. A Development Review Permit is required for any development of more than 22,500 square feet of floor area, for any development with rooftop parking, and to heights and floor area ratios in 9024.6(a) (i) All new commercial development in this District shall provide free employee parking and a minimum one hour free visitor parking unless a preferential parking zone exists or is established in the area of the development and the City finds that the preferential parking district will adequately mitigate potential adverse on-street parking impacts of the development, or if otherwise provided in the Hospital Area Specific Plan. Section 9024.7. Architectural Review. All construction, add! tions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subj ect to architectural review pursuant to the provisions of Chapter 5 of this Article. - 127 - '" Section- 9024.8. Non-Conforminq Hospi tal Building. Notwithstanding other provisions of this Chapter, a hospital building currently used for in-patient overnight accommodations . in the CP District which is non-conforming as to height and which is damaged or destroyed may be restored to its existing non-conforming height. . . - l28 - . . . 'f; .... Subchapter 4P. CC Civic Center District. Section 9025.1 Purpose. The CC District is intended to provide for the retention of the major concentration of government and cultural facilities at the Santa Monica Civic Center and nonprofit office and educational and research uses. The CC District is designed to allow for additional uses in the area, including expanded and improved government and cultural facilities, as well as public recreational facilities and visitor-serving uses such as hotels and commercial recreational uses. The development intensity is intended to acco~mQdate existing and future uses in the area consistent with the goals, objectives, and policies of the General Plan. section 9025.2. Permitted Uses. The following uses shall be permitted in the CC District (a) Convention and conference facilities. (b) CUltural facilities. (c) Nonprofit office, eQucational and research facilities. (d) Public institutions. (e) Public parks and playgrounds. (f) Public parking. (q) Shelters for the homeless. (h) Other compatible public uses. (1) on-premise, accessory uses for any of the above uses, including cafes, restaurants, and newsstands, which are primarily intended to serve visitors and users of the primary use. There shall be no direct access to any accessory use from the exterior - 129 - f. .. of a build~ng or structure. Access shall be permi tted only through a foyer, court, lobby, patio, or other similar area. Section 9025.3 Uses Subject to Performance standards . Permit. (a) None. section 9025.4 Conditionally Permitted Uses. The following uses may be permitted in the CC District subject to the approval of a Conditional Use Permit: (a) which recreational and include public Uses visitor-serving uses such as hotels and commercial recreational uses. (b) Private offices. (c) Restaurants. Section 9025.5. Prohibited Uses. (a) Any use not specifically authorized. Section 9025.6. Property Development standards. All property in the CC district shall be developed in accordance with the standards within a specific plan adopted by the City Council. - 130 - . . . . . 'It ... Subchapter 4Q. Ml Industrial conservation District. Section 9030.1. Purpose. The M1 District is intended to preserve existing industrial uses and to provide a location for industrial uses for small businesses which are engaged in the design, development, manufacturing, fabricating, testing, servicing, or assembly of manufactured products and to preserve existing activities, in order to maintain and enhance employment opportunities for workers with various skills and for the entry level segment of the Santa Monica work force. The Ml Oistriet is also designed to aeeommodate small visual and performing arts studios and to provide for the continued use of existing trailer parks and the preservation of existing schools. Allowable development intensity within this District is intended to be the lowest in the City among the eommercial and industrial Districts, consistent with the goalsl objectives, and policies of the General Plan. Section 9030.2. Permitted Uses. The following uses shall be permitted in the Ml District, if conducted within an enclosed building, except where otherwise permitted. (a ) Administrative and executive offices which are accessory to a primary permitted use on the same site and which do not exceed 25% of the gross floor area of said primary permitted use. (b) Artist studios and art galleries. (c) Automobile repair and automobile painting facilities except those abutting any residential district and use. - 131 - ~.t (d) Rtab1 ishments engaged in the manufacturing, fabricating, assembly, testing, repair, servicing, and processing of the following: (1) Aircraft parts other than engines. (2) Apparel except leather and fur goods. (3) AUdio products. (4) Awnings - metal, wood or canvas. (5) Bakery products. (6) coated, plated, and engraved metal. (7) Communication equipment. (8) Confectionery and related products. (9) cut stone and stone products. (10) Oiecut paper and paperboard, and cardboard. (11) Electric components and accessories. (12) Electric lighting and wirinq equipment. (13) Fabricated textile products. (14) Furniture and fixtures. (15) Glass products. (16) Jewelry/ silverware, and plated ware. (17) Luggage. (18) Motor vehicles, parts, and accessories except when abutting residential uses. (19) Musical instruments and parts. (20) Office machines. (21) Paperboard containers and boxes. (22) Pens, pencils, and other offiee and artists materials. (23) Perfumes, cosmetics, and other toilet - 132 - . . . . pr\parations. (24) Pharmaceutical products. (25) Photographic and optical goods, watches, and clocks. (26) Plumbing fixtures and heating apparatus. (27) Pottery and related products. (28) Professional, scientific, and controlling instruments. . (29) Toys, amusements, sporting and athletic goods. (30) Wooden containers. (d) Establishments engaged in the wholesale distribution of the following: (1) Dry goods and apparel. (2) Electrical goods. (3) Groceries and related products, except unpackaged or unprocessed poultry and poultry products, fish and seafood, and fruit and vegetables. (4) Hardware, plumbing, heating equipment and supplies. (5) Machinery, equipment, and supplies, except farm machinery and equipment. (6) Motor vehicles and automotive equipment. (7) Paper, paper products, and kindred supplies. (8) Pharmaceutical products, chemicals, and allied products. (e) Public or private schools existing prior to adoption of this Chapter. ~ (f) Public utility substations. - 133 - ~ (g) Design studios and offices for architects. (h) Accessory uses which are determined by the Zoning Administrator to be necessary and customarily associated with, and appropriate, incidental, and subordinate to, the principal permitted uses and which are consistent and not more disturbing or disruptive than permitted uses. (i) other uses determined by the Zoning Administrator to be similar to those listed above and which are consistent and not more disturbing or disruptive than permitted uses. (j) No use involving the manufacture, proeessing, or treat.ment of products which by nature of the operation, are likely to be obnoxious or offensive by reason of emission of odor, dust, smoke, noxious gases, noise, vibration, glare, heat, or other impacts or hazards by way of materials, process, product wastes or other methods shall be permitted unless mitigation measures are submitted and are acceptable to the Zoning Administrator. (k) Existing non-conforming office uses may expand by no more than one parcel with development review. Section 9030.3. Uses Subject to Performance Standards Permit. (a) Shelters for the homeless. Section 9030.4. conditionally Permitted Uses. The following uses may be permitted in the Hl District subject to the approval of a Conditional Use Permit: (a) Automobile repair and automobile painting facilities abutting any residential district or use. - 134 - . . . . . . ~k (b) ~ew pUblic or private schools or the expansion of existing schools. (c) OUtdoor storage of fleet vehicles if such vehicles are directly related to the primary industrial or manufacturing operation on the site. Cd) Parking and automobile storage lots and structures. (e) Places of worship. (f) Retail sales of goods manufactured on the premises, provided that the floor space devoted to such use does not exceed 10% of the qross floor area of the primary permitted use. (g) Self storage or public mini-warehouses. (h) Warehouses. Ci) Any use of the transportation right of way for other than transportation purposes. (j) Other uses that are determined by the Zoning Administrator to be similar to those listed above. Section 9030.5. Prohibited Uses. (a) Rooftop parking on parcels directly abutting, or separated by an alley from, a residential district. (b) Any use not specifically authorized. Section 9030.6. Property Development standards. All property in the Ml District shall be developed in accordance with the following standards: (a) Maximum Building Height. Two stories and 30 feet or with approval of a Development Review Permit for artist studios only, three stories and 45 feet. within 50 feet of a residential - 135 - district, no portion of any structure shall exceed the maximum permitted height of the adjoining residential district. There shall be no limitation on the number of stories of any detached . parkinq structure so lonq as the height does not exceed the number of feet permitted in this Section. (b) Maximum Floor Area Ratio. 1.0 OR 1.5 for development of artist studios with approval of a Development Review Permit. (c) Minimum Lot Size. 15,000 square feet. Each parcel shall contain a minimum depth of 150 feet and a minimum width of 100 feet, except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. (d) Front Yard Setback. Landscaping as required pursuant to the provision of Subchapter 5B. (e) Rear Yard Setback. None, except; (1) Where the rear parcel line abuts a residential . district, a rear yard equal to: 5' + (stories x lot width) 50' The required rear yard may be used for parking or loading to within 5 feet of the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than 5 feet or more than 6 feet in height is r erected and maintained along the rear comlllercial parcel line. Access driveways shall be permitted to cross perpendicularly the required rear yard provided the dri veway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. . - 136 - ~ (2) That needed to accommodate landscaping and screening for a rear yard bUffer required pursuant to the provisions of . Subchapter 5B. (f) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5f + (stories x lot width) 50' The interior side yard may be used for parking or loading no closer than 5 feet to the interior side property line provided the parking or loading does not extend above the first floor level and provided a wall not less 'than 5 feet or more than 6 feet in height is erected and maintained along the side commercial parcel line. A required interior side yard shall not . be used for access or for commercial purposes. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Subchapter 5B. (3) A 10 foot setback from an interior property line shall be required for portions of buildings that contain windows, doors, or other openings into the interior of the building. An r interior side yard less than 10 feet shall be perm! tted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. . - 137 - .. (9) Development Review. A Development Review Permit is required for any development of more than 30,000 square feet of floor area and for any development with rooftop parking. . Section 9030. 7 . Architectural Rev iew . All new construction, new additions to existing building, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 5 of this Article. . . - 138 - . . . '.t .. Subchapter 4R. PL Public Lands Overlay District. Section 9031.1. Purpose. The PL Overlay District is intended to provide adequate long term public institutional and open space opportunities for the entire community and to provide for the most efficient use and conservation of all public lands. The PL OVerlay District is intended to assure the protection and preservation of natural open space, parks, beaches, and recreation areas; to retain school sites required to meet future educational needs, and to provide land for public parking. The PL OVerlay District will allow for the future reuse ot public lands so long as the City.s and neighborhoods. need for parks and public open space, the neighborhood's recom~endations for reuse, and the need for additional public revenue are considered, consistent with the goals, objectives, and policies of the General Plan. Any parcel classified as "PLu shall also be classified in a residential, commercial, or industrial district. Section 9031.2. Permitted Uses. Subject to the provisions of Section 9031.6. the following uses shall be permitted in the PL Overlay District: (a) All uses listed as permitted uses within the district in which the parcel is located. (b) Beach coneessions. (e) Cemeteries. (d) Open space, public beaches, parks, playgrounds, and recreation facilities. - 139 - f.t (e) (f) Public parkinq. Public schools. Section 9031.3. Uses Subject to Performance standards Permit. Subject to the provisions of Section 9031.5, the followinq uses may be permitted in the PL Overlay District subject to the approval of a Performance Standards Permit: (a) All uses listed as subject to performance standard permit in the district in which the parcel is located. . Section 9031.4. Conditionally Permitted Uses. Subject to the provisions of Section 903~. 5, the following uses may be permitted in the PL Overlay District subject to the approval of a Conditional Use permit: (a) All uses listed as conditionally permitted uses in the district in which the parcel is located. . Section 9031.5. Prohibited Uses. (a) Rooftop parking on parcels directly abutting, or separated by an alley from, a residential district. (b) Any use not specifically authorized in the district in which the parcel is located. Section 9031.6. Property Development Standards. Any redevelopment or change of ~use of property in the PL Overlay District shall require a Development Review Permit. Any proposed development shall comply with the property development standards of the underlying distriet. . - 140 - . . . '~ Secti'On 9031.7. Architectural Review. All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 5 of this Article. - l4l - 'I; ... Subchapter 4S. A Off-Street Parking Overlay District. section intended to District is Overlay facilities The A parking 9032.1.. provide Purpose. adequate to support important commercial corridors and neighborhood commercial areas in the City, while assuring that each facility will not adversely impact the environment of nearby residents or diminiSh the integrity of the subject residential zoning district in a manner consistent with the goals, objectives, and policies of the General Plan. Any parcel classified as nAil shall also be classified in one of the Residential Districts. section 9032.2. Applicability. Existing parking on "AU lots shall be permitted if all of the following conditions are met: (1) The commercial parcel supported by the II A It parcel is not redeveloped. (2) The lot remains as a surface level parking lot. (3) The square footage of the existing commercial building on the commercial parcel is not added to or expanded beyond 50% of the floor area existing on the effective date of this Chapter. (4) The required parking for any new addition or expansion of less that 50% of the floor area is not located on the "An parcel. section 9032.2. Permitted Uses. The following uses shall be permitted in the A Overlay District: (a) All uses listed as permitted uses in the residential district in which the parcel is located. - l42 - . . . . ~ secti~n 9032.3. Uses Subject to Performance Standards permi t. The following uses may be permi tted in the A Overlay District subject to the approval of a Performance standards Permit: (a) All uses listed as subject to Performance Standards Permit in the residential district in which the parcel is located. Section 9032.4. Conditionally Permitted Uses. The following uses may be permitted in the A Overlay District subject to the approval of a Conditional Use permit: (a) All uses listed as Conditionally Permitted Uses in the residential district in which the parcel is located. (b) Parking structures below the ground level if all of 4It the following eonditions are met: (1) 'the fI A" parcel was in parkinq use on the effective date of this Chapter. (2) The facil! ty is for the temporary parking of transient motor vehicles and trucks. (3) The parking structure is accessory to a permitted commercial use. (4) The surface level of the itA" parcel is developed and maintained as landse~ped open space for the life of the commercial project. (5) The entrance to the subterranean structure is located on the commercially zoned parcel. . Section 9032.5. Prohibited Uses. - 143 - 'k (a) Parking structures located above the ground level. (b) There shall be no use of any parcel in the "A" Overlay District for automobile parking unless all properties between the . side property line of the "A" parcel and the boundary of any adjacent commercial district are in nonresidential use. (c) Rooftop parking directly abutting, or separated by an ally from, a residential use. Cd) New surface level parking lots. Section 9032.6. Property Development Standards for Non- Parking Uses. All non-parking uses developed on property in the A OVerlay District shall be developed in accordance with the same property development standards required for the underlying residential district. Section 9032.7. Development Standards for Below Grade parking structure Facilities. (a) Side Yard Setback. The side yard shall be 5 feet for any underground parking facility. No side yard shall be required adjaeent to a commercially zoned parcel or another nA" designated parcel in commeroial parking use. Parking structures located below grade shall be exempt from the parcel coverage and setback requirements provided that there remains an unexoavated are~ 5 feet in width along the side property line that abuts a residentially zoned parcel which shall contain landseaping pursuant to the provisions of Subchapter 5B. section 9032. a. Facilities. Special Design Standards for all Parkinq - 144 - . . . ~ (a) kWalls. Walls shall conform to the provisions of section 9040.8. (b) Use of Required Yards. There shall be no access to parking permitted within the required side yard. (c) Landscaping. At least 50% of the required front yard area shall be landscaped pursuant to the provisions of Subchapter 5B. (d) Vehiele Access. Vehicle access to and from all parking structures shall be located a minimum of 20 feet or a greater distance if practical from any residentially zoned pareel. (e) Lighting. Lighting shall be provided pursuant to the provisions of Section 9040.27. Section 9032.9. Architectural Review. All new construction, new additions to existing buildings, and any other . exterior improvements that require issuance of a building permit shall be subject to architec~ural review pursuant to the provisions of Chapter 5 of this Article. . - 145 - lit .... Subchapter 4T. N Neighborhood Commercial overlay District. section 9033.1. Purpose. The N Overlay District is intended to protect and enhance concentrations of neighborhood commercial uses that are located in Districts other than the C2 District. The N Overlay District is intended to preserve and enhance the concentration of neighborhood commercial uses at the ground floor street frontage while permitting new development to be built to the development standards for the underlying district, eonsistent with the goals, objectives, and policies of the General Plan. Section 9033.2. Permitted Uses. The following convenienee goods and service type uses shall be permitted in the N Overlay District, if conducted within an enclosed building, except where otherwise permitted: (a) Artist studios above the first floor. (b) Barber or beauty shops. (c) Child day care centers. (d) Cleaners. (e) General retail uses. (t) Laundromats. (g) Photocopy shops. (h) Small appliance repair shops. (i) Small appliance stores. (j) Restaurants of 50 seats or less. (k) Tailors. (1) Accessory uses which are determined by the Zoning - 146 - . . . . . . Acn1\inistrator to be necessary and customarily associated with, and appropriate, incidental, and subordinate to, the principal permitted uses and which are consistent and not more disturbing or disruptive than permitted uses. (m) All uses permitted in the underlying zoning classification shall be permitted in the N District but shall not be located at the ground floor street frontage unless wi th the use, at least 50% of the lineal front footage of buildings, structures, or parcels on the block (on both sides of the street) will contain uses permitted in subdivisions (a) through (1) of this seetion. (n) Other uses determined by the Zoning Administrator to be similar to those listed above which are consistent and not more disruptive or disturbing than permitted uses. section 9033.3 Uses Subject to Performance Standards Permit. (a) Shelters for the homeless. section 9033.4. conditionally Pe~itted Uses. The following uses may be permitted in the N overlay District subject to the approval of a Conditional Use Permit: (a) All uses listed as Conditionally Permitted Uses in the C2 Oistriet or the underlying Oistrict may be permitted subject to the approval of a Conditional Use Permit. Section 9033.5. Prohibited Uses. (a) Rooftop parking on parcels directly abutting, or - 147 - separated b~an alley from, a residential district. (b) Any use not specifically authorized. Section 9033.6. Property Development Standards. All property in the N Overlay District shall be developed in aecordance with the same standards as those listed for the underlying zoning district except the following, if different: (a) Front Yard. None, but all new developm.ent and new additions to the front- po~ion of existing development m.ust adhere to the build-to line requirements relative to the street's building facade line pursuant to the provisions of Section 9040.5. section 9033.7. Architectural Review. All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a buildinq permit shall be subject to architectural review pursuant to the provisions of Chapter 5 of this Article. - 148 - . . . '.t h Subchapter 4U R-MH Residential Mobile Home Park District. . section 9034.1 Purpose. The R-MH District is intended to implement policies contained within the Land Use Element to preserve and protect existing mobile home parks as developments that offer alternative types of residential units and opportunities for affordable housing. Section 9034.2. Permitted Uses. The following uses are permitted in the R-MH District: (a) Trailer eourt or mobile home park (b) Small family day care homes. (e) Yard sales, limited to two per calendar year, for each dwelling unit, for a maximum of two days. . Section 9034.3. Uses Subj ect to Performance Standards Permit. The following uses may be permitted in the R-MH District subject to the approval of a Performance Standards Permit: (a) Large family day care homes. section 9034.4. Conditionally Permitted Uses. The following uses may be permitted in the R-MH District subject to the approval of a Conditional Use Permit: (a) Child day care penters. Section 9034.5. Prohibited Uses. (a) Any use not specifically authorized. Seetion 9034.6. Property Development Standards. A ~ development review permit shall be required for any new - 149 - devedopment .....in the R-MH District. An administrative approval permit shall be required for any remodels or additions to existing facilities so long as the existing density is not 4It inereased or the nQ~her of spaces reduced. section 9034.7. Architectural Review. All new construetion, new additions to existing buildings, and any other exterior improvement that require issuance of a building permit shall be subject to the provisions of Chap~e~ 5 qf this Article. .. . - 150 - . . . ~ .... Subchapter 5. Project Design and Development Standards. Subchapter SA. General Requirements. section 9040.1. Purpose. proj ect design and development standards are intended to ensure that new uses and development will contribute to and be harmonious with existing or potential development in the surrounding neighborhood, consistent with the goals, objectives, and policies of the General Plan. Section 9040.2. Applicability. Any permit which authorizes new construction or substantial remodeling to an existing structure shall be subject to all applicable property development standards for the zoning district in which the project is to be located in addition to the project design and development standards in this Subchapter. section 9040.3. Building Height and Exceptions to Height Limit. (a) The maximum allowable height shall be measured vertically from the average natural grade elevation to the highest point o~ the roof. (b) The following shall be permitted to exceed the height limit in all zoning districts except the Rl District: ~ (1) Chimneys, vents, stacks, ducts, skylights and steeples provided sueh projections do not extend more than 5 feet above the permitted height in the District. (2) Legally required parapets, fire separation walls, and open work safety guard rails that do not exceed 42 - 15l - inchtts in height. (3) Elevator shafts, stairwells, or mechanical room enclosures above the roofline if: a. The enclosure is used exclusively for housing the elevator, mechanical equipment, or stairs. b. The elevator shaft does not exceed 14 feet in height above the roofline and the stairwell enclosure does not exceed 14 feet in height above the height permitted in the district. . c. The area of all enclosures structures identified in 9040.3(b) (1) that extend roofline shall not exceed 25% of the roof area. d. The mechanieal equipment is not screened in conformance with section 9040.14. e. The mechanial equipment enclosure does not feet in height above the height permitted in the and other above the exceed 12 district. . (4) The screening required pursuant to the provisions of Section 9040.14 of tanks, ventilating fans, or other mechanical equipment required to operate and maintain the building provided the total area enclosed by all screening does not exceed 30% of the roof area. section 9040.4. Building Volume Envelope. All new buildings and additions to existing buildings shall not project beyond the building volume envelope. The building volume envelope shall consist of a theoretical plane beginning at the street frontage extending to a height of 30 feet. Buildings . - 152 - ab~ve 2 ~ories or 30 feet shall comply with the following setbacks at the street frontage: 4It Any portion of a structure between 31 to 45 feet: 9 foot average setback Any portion of a structure between 46 to 56 feet: 18 foot average setback Any portion of a structure between 57 to 84 feet: 27 foot average setback. Section 9040.5. BUild-to-Line. For all new buildings or additions to the front or street side of existing buildings in the C2 and C3C Districts, at least 50% of the front or street side facade area of the first floor, or first and second floors in buildings with more than one floor, may extend to the front or side street property line so that the building visually . reinforces the building facade line of the street. The building may be set back from the front or street side property line to accommodate shop entrances, arcades, plazas, sidewalk eafes, other approved urban design amenities, or landscaping required pursuant to the provisions of Subchapter 5B. Section 9040.6. Floor Setbacks in Commercial and Industrial B~ildin~s. This section shall apply to all new commercial and industrial buildings, or additions to such buildings, located on pareels which abut directly or are loeated across an alley from a residentially zoned parcel not used for commercial parking purposes. In addition to all other setbacks required in the property development standards for the district in which the 4It project is located, the following floors shall be set back from - 153 - the~ropert~line that abuts or is located across the alley from the residentially zoned parcel in order to provide a transition in scale between the commercial and residential development: (a) For commercial projects adjacent to an R2 District, the third and fourth floors shall be set back a minimum of 10 feet from the required rear yard or side yard setback and the fifth and sixth floors shall be set back a minimum of 20 feet from the required rear yard or side yard setback. (b) For commercial proj ects adj acent to an R3 District, the fourth floor shall be set back a minimum of 10 feet from the required rear yard or side yard setback and the fifth and sixth floors shall be set back a minimum of 20 feet from the required rear yard or side yard setback. (c) For commercial projects adjacent to an R4 District, the fifth and sixth floors shall be set back a minimum of 10 feet from the required rear yard or side yard setback. Section 9040.7. Reflective Materials. No more than 25% of the surface area of any facade on any new building or addition to an existing building shall contain black or mirrored glass or other mirror-like material that is highly reflective. Materials for roofing shall be of a nonreflective nature. At least 50% of the ground floor facade on the primary street frontage in the C2, C3, N, and C3-C Districts shall provide visibility to the interior of the building. Glazing on the ground floor street frontage facade shall be clear glass. Section 9040.8 Fence, wall, hedge, or flagpole Wall, Hedge, Flagpole. Any fence, shall eomply with the following - 154 - . . . . . . st'Jandards :.... (a) Fences, walls, or hedges shall not exceed six feet in height when located in a required side yard or rear yard. Fenees or walls in the required side yard or rear yard may extend up to eight feet in height when parallel to any street or alley or upon the written consent of all current property owner(s) and residents living on the parcel adjacent to the wall. The consent shall be on the form approved by the Director of Planning and shall be filed with the City prior to installation of the fence, wall, or hedge. Fences, walls or hedges located in a required street side yard shall not exceed 36 inches in height within five feet of an intersection of the street side property line and any driveway or alley. (b) Fences, walls or hedges shall not exceed 42 inches in height when located in a required front yard, except that on eorner parcels within five feet of an intersection, the fence, wall or hedge height shall not exceed 36 inches in height. (c) Fence, wall or hedge height shall be measured from the existing grade on the lowest side of the fence, wall or hedge, except when the fence, wall or hedge separates a residential district from a commercial district, the height shall be measured from the highest side of the fence, wall or hedge. In all cases, the wall shall be measured in a continuum at each point along the fence, wall or hedge. (d) Free-standing flagpoles may not exceed the height restrictions of the district in which they are located. - 155 - f.t section.. 9040.9 Hazardous Visual Obstructions. No person shall permit any fence, wall, hedge, tree, planting, or other obstructions to obscure or block the visibility of drivers of automobiles entering or exiting an alley, driveway, parking lot, or other vehiele accessway or to constitute an unreasonable and unnecessary hazard to persons lawfully using an adjacent sidewalk, alley, street, or other right-of-way. Any fence, wall, hedge, tree planting, or other obstructions shall be located at least 5 feet from the closest intersection of any parcel line with the street, alley, driveway, or garage entrance. section 9040.10. One-story Accessory Building (14 Feet Maximum Height). No accessory building in a residential district shall be erected, structurally altered, converted, enlarged, moved, or maintained unless such accessory building is located on the parcel in conformance with the following regulations. Accessory buildings shall incl ude greenhouses, storage sheds, workshops, garages, and other structures that are detached from the main building. (a) The accessory building shall be located on the rear half of the parcel and shall not extend into the required side yards. (b) The accessory building may be located in a required rear yard, but shall be at least 5 feet from any pareel line. A garage or garage portion of an accessory building may extend up to one interior side property line on the rear 35 feet of a parcel. A garage or garage portion of an accessory building may extend to the rear property line abutting an alley provided - 156 - . . . . . vefticle aceess is not taken ~rom the alley. (c) The accessory building shall be located not less than 15 feet from the center line of a rear alley. (d) On a reversed corner parcel, the accessory building shall not be located nearer to the street side parcel line of such corner parcel than one-half of the front yard depth required on the key parcel, nor be located nearer than five feet to the side parcel line of any key parcel. (e) Any accessory building on a through parcel shall not project into any front yard and shall not be located in any required side yard. (f) 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 for the curb level, a private garage, not exceeding one-story nor 14 feet in height, may be located within the required front yard, provided every portion of the garage building is at least five feet from the front property line and does not occupy more than 50% of the width of the front yard. (g) Accessory living quarters shall be permitted only on Rl parcels of 10,000 square feet or more pursuant to the provisions of Section 9050.8. No kitchen or full bath containing a shower or tub enclosure s~all be permitted. However, if ~ere is a swi~ming pool or spa located on the premises, a shower which is outside or which is accessed only from the outside may be permitted. (h) No accessory building, ineluding accessory living ~ quarters, shall have kitchen facilities or be rented or otherwise - 157 - use~as a separate dwelling. section 9040.11. Accessory Buildings Over One-story or 14 Feet. No accessory building more than one-story or 14 feet in height shall be erected, structurally altered, converted, enlarged, or moved in any residential district unless a Conditional Use Permit for the building is approved and the accessory building is loeated on the parcel in conformance with the following regulations: (a) The accessory building shall not occupy any part of a required rear yard. (b) The accessory building shall not extend into a required side yard, which in this case shall include that portion of the rear yard abutting the side property lines. (c) The portion of any accessory building which contains only a garage not over 16 feet in height may extend into a required rear or interior side yard as otherwise permitted in this Chapter. (d) The accessory building shall not exceed two stories or 24 feet in height. (e) Accessory buildings in other zoning districts shall be subject to the same regulations as main buildings. Section 9040.12. Scree,ninq of Commercial Uses. Wherever any building or structure is erected or enlarged on any property zoned for co~~ereial or_ industrial purposes which abuts a residentially zoned parcel not used for commercial parking, there shall be erected and maintained along the property line abutting - 158 - . . . . . . the reside.tial zone a solid decorative wall in conformance with the provisions of Section 9040.8. Section 9040.13. screening Storage Areas. All storage of materials, wares, crates, bottles, or similar items necessary to or part of a business or commercial operation shall be screened from view on at least three sides by a solid opaque impact-resistant wall not less than 5 feet and not more than 8 feet in height and on the fourth side by a solid opaque impact-resistant gate not less than 5 feet or more than 8 feet in height, or of such other material or design approved by the Architeetural Review Board. Section 9040.14. screeninq Mechanieal Equipment. All mechanical equipment that extends more that 12 inches above the roof parapet shall be screened from view. Equipment shall be sereened from a horizontal plane on all sides wi th an impact resistant wall. Section 9040.15. Refuse and screening of Refuse storaqe Areas. Each parcel in commercial and industrial districts containing a building or structure shall provide and maintain one or more trash receptacles on the premises. The trash receptacles shall be of sufficient size to accommodate the trash generated by the uses on the parcel consistent with guidelines prepared by the Department of General Services. All outdoor storage of trash, garbage, refuse, and other items or material intended to be discarded or for collection_shall be screened from public view on at least three sides by a solid opaque impact-resistant wall not - 159 - les~ than 5~eet or more than 8 feet in height, and on the fourth side by a solid opaque impact-resistant gate not less than 5 feet or more than 8 feet in height, or of such other material or . design approved by the Architectural Review Board. The gate shall be maintained in working order and shall remain closed except when in use. All outdoor storage for refuse shall be located not more than 10 feet from the property line which is elosest to the refuse collection point. section 9040.16. Drainage. All properties must drain to the street or alley or directly into a public storm drainage system in a manner approved by the Department of General Services. No surface drainage may be discharged onto abutting properties. Section 9040.17. Unexcavated Area in side Yards. On any . parcel in the R2, R3, R4, RVC, and BCD Districts, or any commercial or industrial parcel which direetly abuts a residentially zoned parcel not used for commercial parking purposes, having a width of 50 feet or greater, there shall be provided and maintained an unexcavated area equal to 4 feet in width along the entire length of at least one of the side property lines and for parcels in excess of 70 feet in width, the unexcavated area shall be 'provided and maintained along the entire length of both side property lines. Subterranean, semi-subterranean parking structures, basements, and other subterranean facilities may not project into any portion of the required unexcavated area. At least 50% of the surface area of the unexcavated area shall be landscaped pursuant to the ~ - 160 - . . . '.I - provisions of Subchapter 5B. Section 9040.18. Projections Permitted into Required Yards. The followinq chart sets forth the allowances for various proj ections permitted into the required yards in residential, industrial, and commercial districts. projeetions shall not be permitted closer than 4 feet to any property line. Projections as listed below into existing, non-conforming yard areas shall be permitted only if the projection does not extend closer to the property line than would be permitted if the yard area conformed to current standards. The various types of projections and the limitations on such projections into required yards are as follows: Projections Eaves, awnings, canopies, sun shades, sills, cornices, belt courses, trellises, arbors, and other similar architectural features Flues, chimneys, water heater enclosures, and similar vertieal architectural projections not more than 5' wide parallel to the side yard and that do not exceed 20% of the facade width Patios, porches, platforms, decks, unexcavated side yard area, and other unenclosed areas not covered by a roof or Front Yard street Interior Side Yard Side Yard Rear Yard 30" 30" 18" 4' 18" 18" 18" 18" For structures with conforming setbacks 12" 12" 12" 12" For structures with non-conforminq setbacks 6' 6 I No Limit 6' - 161 - i candpy and ehat may be raised above the level of the adjacent grade but do not extend more than 3' above. the average natural grade Balconies, and stairways that are open, unenclosed on at least two sides Greenhouse windows and bay windows that are not greater than 6' wide parallel to the side yard Required fire escapes Porte cochere not more than 20' long and open on three sides except for necessary structural supports and not more than 16 feet in height. Mail box canopy not more than 10' long. Recreational vehicle storage, central air conditioning, swimming pool, spa equipment. Section 9040.19. side Yard. . 30" 30n 4' 0' 18" IS" IS" IS" Provided the structure has a conforming setback Not permitted 12 " or 2 II 4 1 per l' of required side yard whichever is greater Not permitted in front yard. Permitted in side and rear yard. . 30" 30n 41 30" Not permitted in front or side yard areas. Permitted anywhere in rear yard area. In all residential districts, an addition to an Buildinq Additions Extendinq Into Required existing building that has a non-conforming side yard may also extend into the required side yard provided the addition: (a) Does not exceed one-story and 12 feet in height. . - 162 - . . . .~ ".. (b) Continues the facade setback line of the existing structure. (c) Does not extend closer than 4 feet to the side property line. (d) Does not exceed 12 feet in length parallel to the side property line. The non-conforming addition may extend into one required side yard but not both. (e) No more than one such addition to the structure has occurred after the effective date of this Chapter. Section 9040.20. Manufaetured Dwell inqs. In addition to complyinq with all Property Development Standards for the zoning district in which the manufactured dwelling units is to be located, each manufactured dwelling unit fabricated off-site and installed on a parcel shall incorporate all of the following design features: (a) A roof constructed of wood shake permitted by the Uniform Buildinq COde, asphalt composition, shingle, tile, erushed rock, or similar roofing material (except metal). (b) Exterior siding of brick, wood, stucco, plaster, concrete, or other material which is finished in a non-glossy and non-reflective manner. (e) Each structure shall be placed on a permanent foundation. Cd) A predominant shape and form that is compatible with the surrounding neighborhood. (e) If a carport or enclosed garage is required within-the zoning district in which the dwelling unit is to be located, the - 163 - 'A ... design and materials of the garage or carport shall be compatible with the main dwelling. (f) Formaldehyde-based or asbestos insulation shall not be permitted. Section 9040.21. Relocated Buildings. Residential structures may be relocated if the following requirements are met: (a) The relocated structure shall comply with all regulations of this Chapter including the Property Oevelopment Standards for the zoning district in which the structure is to be relocated, including building height, setback, parcel coverage, and unit density requirements. (b) Construction or rehabilitation related to the residential structure proposed to be relocated shall commence within 30 days and shall be completed within 365 days of the date the structure is relocated onto the property. (c) Prior to issuance of a building permit, a notice of Intent to Relocate approved as to form by the Building Officer shall be posted on the parcel where the building is to be relocated. section 9040.22. Solar Energy Design Standards. This Section is intended to incorporate, to the extent feasible, passi va heating and cooling opportuni ties into the design or . . modifieations of residential developments. This Section is further designed to assure that solar energy systems in residential, commercial, and industrial areas conform in appearance to the surrounding neighborhood. The following . - 164 - . . . 'A h standards shall apply to the design of all solar energy systems: (a) Roof-mounted solar collectors shall be placed in the location least visible from a public right-of-way without reducing operating efficiency the collectors. the of Wall-mounted and ground-mounted solar collectors shall be screened from public view. (b) When feasible, collectors shall be integrated into the design of the building. structural support for the collectors shall be screened i~ a manner that is compatible with the design of the building. (e) Appurtenant equipment, particularly plumbing and related fixtures, shall be installed in an attic o~ basement, where feasible. (d) Large accessory fixtures which must be exposed (e.g., storage tanks) shall be screened where possible through architeetural features that harmonize with other design elements of the strueture. (e) storage tanks shall not be located in any required front or side yards nor shall they be visible from any public right-of-way. (f) Exterior surfaces shall have a matte finish and shall be color-coordinated to harmonize with roof materials or other dominant colors of the structure. (9) Any pool or spa facilities other than single family homes owned and maintained by a homeowners association, cooperative, or similar entity shall be provided with a solar cover or solar water heating system. - 165 - 'A ~ section 9040.23. Parcel Area for Residential Density Calculations and Rear Yard Depth Includes One-Half Alley Dimension. In computing the nnmner of dwelling units permitted on a parcel and the rear yard depth of a parcel, one-half the width of a rear alley which abuts the parcel may be counted as a portion of the parcel area and required rear yard setback. No portion of the rear alley may be counted as required open space. . section 9040.24. Dwelling Unit Density Calculation. The number of dwelling units permitted on any parcel in a district which permits multi-family dwellings shall be determined by dividing the area of the parcel, including' one-half the area of the rear alley, if any, by the minimum number of square feet for each dwelling unit as parcel is located. required in the district in which the . section 9040.25. Parcel coverage Calculation. The area of a parcel considered to be covered by a building or structure shall include the fOllowing: (a) The area of the parcel directly covered by the footprint of all buildings or structures on the parcel. (b) The area of the parcel directly below any upper portion of a building or structure that is cantilevered beyond the edqe of the first level' of a building or structure except those projections otherwise permitted by this Chapter. (e) The area of a parcel directly below those portions of any balcony, stairway, porch, platform, or deck that is enclosed on at least three sides. . - 166 - . '.I ,.... No portion of a rear or side. alley may be counted as required open space. Section 9040.26. Through Parcel May be Two Parcels. Through parcels 200 feet in depth and fronting on parallel streets may be improved as two separate parcels provided: (a) The rear property line of each parcel is approximately equidistant from the two front property lines and no less than the applicable minimum dimension for such a parcel. (b) Each parcel has an area of not less than 5,000 square feet and complies with the property development standards of the district in which each lot is located. (c) A site plan showing the division is approved by the Zoning Administrator. . Section 9040.27. Liqhtinq. All outdoor lighting associated wi th commercial uses shall be shielded and directed away from surrounding residential uses. Such lighting shall not exceed 0.5 footcandles of illumination beyond the property containing the commercial use and shall not blink, flash, oscillate or be of unusually high intensity of brightness. All parkinq areas of five or more spaces shall have a 1.0 foot-candle illumination per square foot of parking area for visibility and security during hours of darkness. Wiring for the illumination shall be underground unless existing overhead lines can serve the need without any additional overhead lines. Each parking area of five or more spaces existing prior to the effective date of this section which is enlarged, constructed, . altered, or changed from its previous configuration shall be - 167 - subfect to the above illumination requirements. The following forms of outdoor lighting usage shall be prohibited between midnight and dawn: . (a) The operation of searchlights for advertising purposes. (b) The illumination of outdoor public recreational . facilities, unless a specific recreational activity requiring the lighting is already in progress. Security lighting is excepted. (c) OVerhead rooftop lighting. Section 9040.28. Glare. Every use shall be so operated that any significant, direct glare incidental to the operation of the USe shall not be visible beyond the boundaries of the property. Seetion 9040.29. Siqns. All signs on the premises shall". comply with the provisions of Chapter 9 of this Article. Section 9040.30. Humidity, Heat, and Cold. All commercial and industrial uses shall be so operated as not to produce humidi ty , heat, or cold which is readily detectable by persons without instruments on adjacent parcels or rights-of-way. Section 9040.31. Sound. All commercial and industrial uses shall be so operated that no ~oudspeakers, bells, gongs, buzzers, or other noise attention or attracting devices exceed 45 decibels at anyone time beyond the boundaries of the property. Section 9040.32. storaqe. . No sales, rentals, long-term storage, repair work, dismantling, or servicing of any motor . - 168 - . . . ~,t ~ vehicle, trailer, airplane, boat, loose rubbish, garbage, junk, or their receptacles, or building materials shall be permitted in any required front yard or side yard of any property. Repair or servicing of any motor vehicle may occur provided that the work continues for a period not to exceed 48 hours. Long term storage shall mean storage for a period of 48 or more consecutive hours. In any residential district, no portion of any vacant or undeveloped parcel or a parcel where no main building exists shall be used for long-term storage of the items listed above. Building materials for use on the same parcel or building site may be stored on the parcel or building site during the time that a valid building permit is in effect for construction on the premises. Section 9040.33. Vibration. No commercial or industrial use shall cause a steady-state earth-borne oscillation which is continuous and occurring more frequently than lOO times per minute. The ground vibration caused by moving vehicles, trains, aircraft, or temporary construction or demoli tion is exempted from these limits. section 9040.34. Permitted Outdoor Uses. The following uses, if identified as a permitted use in the district, shall be permitted outside of an enclosed building provided they are entirely on private property: (a) Drive-in and drive-through restaurants. (b) Patio tables, chairs, umbrellas, and similar outdoor accessories used in connection with a restaurant. (c) Vending machines, including weighing scales, when - 169 - '~ h accessory to a business conducted within a building. (d) Border materials, flower pots, trellises and the like, but not including fertilizers, provided they are accessory to a retail plant nursery and do not exceed 15% of the inventory of the nursery business. . (e) Automobile dealerShip display and storage lots. (f) Outdoor vending or display when otherwise permitted by this Code. Section 9040.35. Calculatinq Floor Area. For parcels containing one or more zoning designation, only that portion zoned for commercial or industrial use shall be used as parcel area when calculating floor area ratio. Section 9040.36. Rear Yard Setbacks. For purposes of determining' the rear yard setback, the rear yard shall be . measured from the center line of the rear alley. In the event no rear alley exists, the rear yard shall be measured from the rear parcel line. Section 9040.37. Front Yard Setback on Walkstreets. The front yard setbaek on Copeland Court, Arcadia Terrace, and Seaview Terrace shall be 30 feet measured from the center line of the walkway. Section 9040.38. Ventilation in Restaurants. In any new restaurant or any restaurant which is substantially remodeled, an air filtration and ventilation system shall be provided. For purposes of this Section, a new restaurant includes a restaurant existing on the date of adoption of this Chapter for which a new . - 170 - bu~iness lIcense is acquired by a new operator at some later date. Mechanical equipment to meet this requirement shall be . setback a minimum of 4 feet from any residential property and shall be insulated to prevent any noise disturbance. section 9040.39. screening of Mechanical Equipment in Required Setbacks. Mechanical equipment placed in any required setback shall be located no less than 4 feet from any property line and shall be insulated to prevent noise disturbance on adjacent properties. Noise levels shall comply with the following standards unless otherwise provided for in Chapter 3A of the Santa Monica Municipal Code: . Monday through Friday: l2 am to 7 am and from 10 pm to 12 am 7 am to 10 pm Saturday and Sunday: 12 am to 8 am and from 10 pm to 12 am 8 am to 10 pm 50 dBA 60 dBA 50 dBA 60 dBA section 9040.40. site Review Development Standards. For the following districts, floor area ratio and heiqhts may be permitted accordinq to the chart below upon approval of the City Council of specific review criteria. Applications for these floor area ratios and heights may not be submi tted until such time as this Chapter is amended. C3: 6 stories 84 feet, 3.0 FAR. C3C: 6 stories 84 feet, 3.5 FAR. . C4: Santa Monica Boulevard, 4 stories 56 feet. - 171 - 'A ~ Subchapter SB. Landscaping Standards. . Section 9041.1 Purpose. These regulations are intended to enhance the aesthetic appearance of development in all areas of the City by providing standards for quality, quantity, and functional aspects of landscaping and landscape screening consistent with ArChitectural Review Board Guidelines, and t.he goals, objectives, and policies of the General Plan. Section 9041.2 Applicability. In all districts except the Rl and R2R residential districts, but including the RIA parcels developed for parking uses, no building, structure, parking lot, storage yard, or other site improvements shall be erected, constructed, converted, established, altered, remodeled, enlarged, or otherwise modified, nor shall any parcel or premises 4Il be used or occupied until such time as the premises are suitably landscaped in accordance with this Subchapter. In the RlA parcels developed for parking uses, prior to issuance of a building permit, landscaping and irrigation plans shall be . submitted to the Architectural Review Board for review and approval in a manner prescribed by the Zoning Administrator. An existing building non-conforming as to site landscape standards may be modified without complying with these standards provided that the building is not substantially remodeled. Section 9041.6. Required Landscape Area for Building sites. (a) In all residential districts, including the Rl and R2R districts, a minimum of 50% of the required front yard setback . shall be landscaped. - 173 - ~~ (b) " In all commercial districts, all new construction or substantial remodeling of the existing improvements on the parcel shall provide and maintain a landscaped area averaging at least 10 feet, but at no point less than 5 feet, adjacent to and visible from all public street rights-of-way. (c) For all new construotion or major remodeling in the C5 Special Official Dist.rict, a landscaped area at least IS feet wide shall be provided and maintained immediately adjacent to all property lines adjacent to streets or rights-of-way except in required driveway or other access areas. section 9041.7. Required Landscape Area and Lighting' for Surface Parking Lots and Other Vehicular Use Areas. (a) A minimum of 10% of the total exterior paved area that accommodates vehicular traffic including surface parking lots, accessways, driveways (including those serving drive-in and dri va-through restaurants, banks, and grocery stores), loading areas, service areas, and parking stalls shall be devoted to landscaped islands, peni~sulas, or medians distributed throughout the paved area. A minimum of one tree for each 1,200 square feet of paved area that accommodates vehicular traffic shall be provided and maintained. (b) The landscape area required for parking lots and vehicular use areas shall be in addition to the landscape area required for building sites pursuant to the provisions of Section 9041_6. (c) Lighting shall be provided and maintained in accordance with section 9040.27. - 174 - . . . .~ ;-. Section 9041.8. Landscape screening and Bufferinq of . Commercial, Industrial, and parkinq Uses from Residential Uses. (a) In all commercial districts, the RVC District, and BCD District, all areas devoted to vehicle parking, storage, service, repair, equipment replacement, washing, polishing, painting, and similar uses that are visible from a public right-of-way shall be screened according to the standards set forth in this section. The provision of this section shall not apply to areas devoted to the display of automobiles for sale, lease, or rental where the sale, lease, or rental is the principal commercial business. (l) A landscaped strip shall be provided and maintained, except in a required driveway or other access area, that is not less than 2 feet in depth measured horizontally from the property line adjacent to the public right-of-way. . (2) Permanent, opaque landscaping, berming, fencing, or walls shall be provided and maintained at a height of not less than 3 feet above the average adjacent grade at a distance of not less than 2 feet measured horizontally from the property line adjacent to the public right-of-way. In no case shall the screening, fence or wall exceed 6 feet in height above the adjacent grade. Plant material may exceed 6 feet in height. (3) Grading should be used as much as possible to screen parking lots by lowering the parking area or by providing landscaped earth mounds or berms. (4) In lieu of the requirements of subsections (1), (2), and ( 3) above, the Architectural Review Board may approve other screening plans, designs, and materials of equal area and . screening which satisfy the intent of the screening standards. - 175 - ~ ~) No screen required to be erected and maintained by these standards shall be constructed within 5 feet measured horizontally on either side of a driveway entrance or vehicular aceessway opening onto a street or alley, which would impair an unobstructed cross view of pedestrians on the sidewalk, alley, or elsewhere by motorists entering or leaving. The unobstructed areas shall not exceed 5 feet on either side of a driveway, entrance, or vehicular accessway, un~ess required for safety reasons. (b) A landscaped butfer shall be provided and maintained on a commercial, industrial, or itA" zoned parcel when the side or rear yard ot the parcel abuts a residentially zoned or used parcel. The landscaped buffer to be provided and maintained on the cO'lllmercial, industrial, or "AIt parcel shall contain a solid, decorative masonry wall along all parcel lines adjoining residentially zoned or used parcels which shall be not less than 5 feet and not more than 6 feet in height measured from the ground level of the residential parcel. A 5 foot wide landscaped area between the wall and the commercial, industrial, or parking use shall be provided consisting of 1 tree per every 10 linear feet of frontaqe planted not less than 5 feet apart and not less than 5 feet in height when planted. In lieu of the requirements in this subsection, the Architectural Review Board may approve other bufferinq plans, designs, and materials of equal area and sereeninq which satisfy the intent of the buffering standards. (c) The landscape area required for screening and buffering shall be in addition to the landscape area required for building sites pursuant to the provisions of Section 9041.6. - 176 - . . . . .' . '" sectidh 9041.9. Screeninq of Automobile Dealerships. (a) In all commercial districts, all areas visible from the public right-of-way devoted to the display of automobiles for sale, lease, or rental where the sale, lease, or rental is the principal commercial business shall be screened according to the following standards: (~) A landscaped strip shall be provided and maintained, except in a required driveway or other access area, that is not less than 2 feet in depth measured horizontally from the property line adj aeent to the public right-of-way. There shall be provided in the landscaped strip a minimum of three shrubs per 10 feet of linear frontage or portion thereof and adequate qroundcover to provide complete coverage within two years. (2) Permanent, opaque landscaping, fencing, or walls shall be provided and maintained at a height of not less than 2 feet above the average adjacent grade at a distance of not less than 2 feet measured horizontally from the property line adjacent to the public right-of-way. Plant material may exceed 2 1 feet in heiqht. (3) In lieu of compliance with subsections (1) and (2), the Architectural Review Board may approve other screening plans, designs, and materials of equal area and screening which satisfy meet the intent of the screening standards. (b) The landscape area required for screening shall be in addition to the landscape area required for building sites pursuant to the provisions of section 9041.6. - 177 - ~ Sectio~9041.10. Landscape Maintenance and Protection. (a) All interior landscaped areas shall be protected from vehicular damage by raised concrete or other curbing of at least six inches in height. (b) All newly planted trees shall be planted in permeable soil. (0) Low volume irriqation systems with automatic controllers shall be required. Such irrigation includes, but is not limited to, low volume sprinkler heads, drip emitters, and bubbler emitters. (d) Sprinkler spacing' for both turf and non-turf areas shall be 50% of the diameter of the throw. (e) Anti-drain valves shall be installed in Sloping areas with elevation differences of more than 5 feet. (f) Landscape materials which have different watering needs shall be irrigated by separate control valves. Water coverage shall be limited to plant areas only. (g) Automatic controllers shall be set to water between 5:00 p.m. and 10:00 a.m. to reduce evaporation. (h) An annual maintenance program with seasonal water schedule shall be required to assist any landscape manager. The water schedule shall include run time and frequency of irrigation for planted areas with similar characteristics. The watering' period shall not exceed the point at which runoff begins. A maintenance program shall not be required for systems with soil moisture sensors that are installed and properly adjusted. (i) A minimum of pve Schedule 40 or equivalent shall be used for main lines and under driveway areas, and a minimum of - l78 - . . . PVW Schedule 200 or equivalent shall be used for lateral lines. (j) All landscaped areas shall be permanently maintained . and kept free of weeds, debris, and litter. All plant materials shall be maintained in a healthy growing condition and diseased or dead plant materials shall be replaced, in kind, pursuant to the approved plans within 30 days. (k) If, at the time of application for a certificate of occupancy, or final building permit inspection, the required landscaping is not yet in place, the owner shall file with the City a Deferral Completion Agreement secured in a manner aeceptable to the City in the sum of four dollars ($4.00) per square foot of required landscaping not yet in place to ensure that such required landscaping shall be installed. . section 9041.11. Water Conservation Landscapinq. (a) The maximum area permitted for turf shall be 20% of the total area landscaped on the site. Higher percentages may be permitted when turf is an essential part of the development such as playing fields for schools or parks, or as determined by the Architectural Review Board. Large areas of turf shall use soil moisture sensors as part of the irrigation system. (b) Turf shall not be permitted in areas difficult to irrigate, such as sidewalk strips, slopes, or narrow pathways. r (c) Turf usage shall only be permitted when used for highly visual and functional use areas. Lower water usage turf or warm season grasses are recommended for all turf areas. (d) Plants used in non-turf areas shall be water conserving plant material. Flowering ornamentals that are not . - 179 - low'~ter u~inq plants shall be counted as turf when calculating turf areas. Appropriate low water plant varieties shall be approved by the Director of General Services. . (e) Fresh water bodies and fountains where water is sprayed into the air shall be prohibited. The Director of General Services may vary this requirement when the water to be used is not fresh water. . ~ . - 180 - ~ - Subchapter SC. Parabolic Antenna Regulations. . Section 9043.1 Purpose. The purpose of this Section is to mitigate the potential safety, aesthetic, and view blockage impacts of parabolic antennas and to integrate such structures into the city neighborhoods with the least impact to the surrounding eommunity. Seetion 9043.2 Applicability. This Section applies to any parabolic antenna installed or modified on or after the effective date of this Chapter and to any parabolie antenna installed without plans and a building per.mi~ approved by the city. Any parabolic antenna installed prior to the effective date of this Chapter which does not conform to the regulations of this Subchapter shall be made conforming twelve months after the . effeetive date of this Chapter. , Section 9043.3 Design Standards for TVRO and Microwave antennas located in Residential Districts. Any TVRO or microwave antenna shall be installed, modified, and maintained in accordance with the following standards: (a) only one antenna is permitted for each parcel. (b) The diameter of a TVRO antenna shall not exceed 1.5 meters and the diameter of a microwave antenna shall not exceed .65 meters. (c) The antenna shall not be located in the front half of the parcel. (d) The antenna shall comply with all height and setback requirements specified within the district for accessory . - 181 - buildings. ~ (e) The antenna shall be ground mounted. (t) The antenna shall be finished in a color to neutralize and blend in with the immediate surroundings. (g) The antenna shall be screened and landscaped along all sides except that of the reception window. Low-level landscape treatment shall be applied along the base of the antenna. Such treatments shall completely enclose the antenna. (h) The installation shall be located in such a way as to prevent obstruction of the antenna's reception window from potential permitted development on adjoining parcels. (i) A building permit is obtained prior to installation. (j) The display of signs or any other graphics on an antenna is prohibited. (k) Subject to the approval of a Conditional Use Permit, the following may be permitted: (1) Two or more parabolic antennas. (2) An antenna with a diameter greater than that permitted by subsection (b) of this section. (3) Placement ot the antenna in any required setback provided the applieant demonstrates that compliance with subsections (c) and (d) ot the Section would result in interference or technical infeasibility beyond the control of the applicant. (4) Installation of the antenna in excess of the permitted height provided the applicant demonstrates that compliance with subsection (d) of this Section would result in - 182 - . . . el.ctro-ma~etic circumstances beyond the control of the applicant. . (5) Roof mounted antennas. (6) Installation of the antenna without compliance with the requirements by this Section upon demonstration that compliance with this Section would result in the imposition of costs on the applicant that are excessive in light of the purchase and installation costs of the antenna. . . Any requirement imposed upon the installation of an antenna shall not operate to impose unreasonable limitations on or prevent reception or operate to impose costs on the users of such antennas that are excessive in light of the purchase and installation costs of such antennas. Section 9043.4 Design Standards for TVRO and Microwave antennas located in Commercial and Industrial Districts. Any TVRO or microwave antenna located in any commercial or Industrial District shall be installed, modified, and maintained in accordance with the following standards: (a) Only one antenna is permitted for each parcel. (b) The diameter of a TVRO antenna shall not exceed 3.0 meters and the diameter of a microwave antenna shall not exceed 1.0 meter. Co) The antenna shall comply with all height and setback requirements specified for buildings within the district. (d) The antenna shall be finished in a color to neutralize and blend in with the immediate surroundings. (e) The installation shall be located in such a way - 183 - as tb preven~ obstruction of the antenna's reception window from potential permitted development on adjoining parcels. (f) A building permit is obtained prior to installation. (g) The display of signs or any other graphics on an antenna is prohibited. (h) Subject to the approval of a Conditional Use Permit, the following ~ay be permitted: (1) Two or more antennas. (2) An antenna with a diameter greater than that permitted by subsection (b) of this Section. (3) Placement of the antenna in any required setback provided the applicant demonstrates that compliance with subsection (c) of this Section would result in interference or technical infeasibility beyond the control of the applicant. (4) Installation of the antenna in excess of the permitted height provided the applicant demonstrates that compliance with subsection (c) this Section would result in electro-magnetic circumstances beyond the control of the applicant. (5) Installation of the antenna without compliance with the requirements of this Section upon demonstration that compliance with such condition would result in the imposition of costs on the applicant that are exeessive in light of the purchase and installation costs of the antenna. Any requirement imposed upon the installation of an antenna shall not operate to impose unreasonable limitations on or - 184 - . . . pr~vent reception or operate to impose costs on the users of such antennas that are excessive in light of the purchase and . installation costs of such antennas. section 9043.5. Satellite Uplink Antennas. The installation of any satellite uplink antenna shall be subject to review and approval of a Conditional Use Permit. section 9043.6. Stand Alone Antenna. Any stand alone antenna shall be prohibited. . . - 185 - ~Subchapter SE. 9ff-Street Parking Requirements. Section 9044.1. purpose. Off-street parking requirements . are intended to achieve the fOllowing: (a) To provide parking in proportion to the needs generated by varying types of land use. (b) To reduce traffic congestion and hazards. (c) To protect neighborhoods from the effects of vehicular noise and traffic generated by uses in adjacent non-residential districts. (d) To assure the maneuverability of emergency vehicles. (e) To provide accessible, attractive, and well-maintained off-street parking facilities. Section 9044.2. APplicability. Every use or change of use resulting in a higher parking requirement and every building or structure erected or SUbstantially remodeled after adoption of this Chapter shall provide permanently maintained off-street parking areas pursuant to the provisions of this Suchapter. . section 9044.3. General Provisions. No use permitted by this Chapter occupying all or part of a parcel or building site shall be permitted unless off-street parking spaces are provided in an amount and under the conditions designated by the provisions of this Subchapter. (a) In this Subchapter, the word "use" shall refer to the type of use, the extent of the use, and a change in use either in type or extent. (b) Any existing lawful use may continue so long as the . - 186 - . . . n~er of ~ff-street parking spaces provided for the use is not reduced below the requirements of this Subchapter or below the present number of off-street parking spaces required or provided at the time of original construction, whichever is greater. (c) No building or structure shall be constructed or moved onto a site unless off-street parking spaces in an amount and under the conditions set forth in this Subchapter are provided for the use proposed for the building or structure. (d) Additional parking spaces in the number specified in Section 9044.4 shall be provided for any new floor area added to an existing structure. (e) For any new use of an existing building or structure such that the new use will require parking spaces, parking spaces in the number specified in Section 9044.4 shall be provided for the entire parcel. (f) Requirements for uses not specifically listed in this Subchapter shall be determined by the Zoning Administrator and the City Parking and Traffic Engineer based upon the requirements for comparable uses and upon the particular characteristics of the use. (g) Required guest parking in residential districts shall be designated as such and restricted to the use of guests. (h) Walls, hedges, f~nces, and landscaping within parking areas shall comply with the provisions of Subchapter SB. ( i) Fractional space requirements totaling 0.5 or above shall be rounded up to the next whole space. (j) For purposes of calculating requirements for dwelling units, the off-street following parking shall be - 187 - contidered as "bedrooms II if they contain 100 square feet or more of floor area: (1) Living rooms in apartments containing no . bedrooms. (2) Rooms identified as but not limited to dens, studios, family rooms, and studies. (k) The floor areas used to calculate the number of off-street parking spaces required for various uses pursuant to the provisions of section 9044.4. shall include: (1) All floor area located below grade devoted to office, retail, service, or other aetivities and uses, storage areas, restrooms, lounges, lobbies, kitchens, and interior hallways and corridors, unless exempted by the Chapter. (2) All outdoor patio, deck, balcony, terrace, or other outdoor area that will accommodate a permanent activity . that will generate a demand for parking facilities in addition to that which is provided for principal activities and uses within the building or structure. (3) Above grade floor area devoted to parking shall not be included when determining required parking. (1) A parking demand analysis may be required if it is deemed necessary by the Parking and Traffic Engineer and Zoning Administrator. The analysis~shall be paid for by the developer. In the event the analysis shows parking requirements greater than required by this Subchapter, the Parking and Traffic Engineer shall require such additional parking as is required by the analysis. . - 188 -