O1476
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City council Meeting 4-25-89
Santa Monica, California
ORDINANCE NUMBER 1476
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTIONS 9000.3, 9010.6, 9011.6, 9019.6,
9024.2, 9040.3, 9040.5, AND 9040.8 TO CLARIFY
THE NEWLY ADOPTED ZONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Santa Monica Municipal Code section 9000.3 is
amended to read as follows:
SECTION 9000.3.
Definitions.
The following
words or phrases as used in this Chapter shall have
the following meanings:
Accessory Building. 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 Living Quarters.
Living quarters
wi thin 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.
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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.
Al tared 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.
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.
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Audi torium. A building or
accommodate groups of people
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
establishment which
room designed to
for meetings,
Dealership.
sells or
Any
business
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, 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
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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 parking 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-si te or at a
nearby location. For the purpose of this Chapter,
rental of trucks exceeding one ton capacity or rental
of other heavy equipment shall constitute distinct
uses separate from an automobile rental agency.
Average Natural Grade. The average 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 building. Awnings may be
fixed or collapsible, retractable, or capable of
being folded against the face of the supporting
building.
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Balcony. A platform. that projects from the
wall of a building 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 first floor. A basement shall be considered
a story if the 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
place 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. The aggregate of three
dimensional forms making up a building.
Building Coveraqe. The horizontal area
measured within the perimeter of the exterior walls
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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.
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 15
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.
Chanqe 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
facil i ty , other than a family day care home, that
provides care, protection, and supervision for more
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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.
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 but not limited to
the physically handicapped, mentally impaired, or
incompetent persons, and includes the following:
(1) "Residential Care Facilityll 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
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assistances essential
of daily living or
individual.
for sustaining the activities
for the protection of the
(2) "Adult Day Care Facility" means any
facility which provides non-medical care to persons
18 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 ln accordance with Subchapter 10F,
permitting the establishment of particular uses in a
zoning district.
Cultural Facilities. Museums, galleries,
theaters and the like, which promote educational and
aesthetic interest within a community.
Drive-Through or Dr1ve-In Restaurant. A
restaurant where customers may be served food in
their vehicles for consumption 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.
Dwellinqr Multi-Family. A dwelling containing
two or more dwelling units.
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Dwellin~, Sinqle-Family. A building containing
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, with full cooking, sleeping, and
bathroom facilities for the exclusive use of a single
household.
Dwellinq 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
facili ties 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 consume 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
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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,
not used for commercial
balconies, and
or restaurant
platforms
activity.
(5) Exterior courtyards, arcades, atria,
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paseos, walkways, and corridors
covered by a roof provided they
commercial or restaurant activity.
(6) The volume
whether or not
are not used for
above
interior
courtyards, atria, 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.
(10) 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,
areas, and interior hallways and
kitchens, storage
corridors.
(2) The floor area of interior
courtyards, atria, paseos, walkways, and corridors
covered by a roof or skylight.
(3) Covered at-grade parking.
(4) Above grade parking.
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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:
(1) 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 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.
Garage I Semi -Subterranean. A structure used
for parking and storage of vehicles located partly
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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.
Garaqe r Subterranean. A structure wholly or
partly underground, the ceiling of which is not more
than two feet above the average natural grade, except
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 stockpiling of earth or land.
Ground Cover. A low growing woody or
herbaceous plant with low, compact growth habits
which normally crawls or spreads, and which forms a
solid mat or dense cover over the ground within 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 Frontaqe. 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,
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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.
Hedqe. 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 10B to
allow a home occupation.
Hospice. A facility that provides residential
living quarters for up to six terminally ill persons.
A hospice is a 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 lodging place of
individuals for less than 30 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.
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Household. Persons living together in a single
dwelling unlt, with common access to, and common use
of all living and eating areas and all areas and
facilities for the preparation and storage of food
within the dwelling 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 seating, counter space or
other eating arrangement.
Kitchen. A room or space within a building
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
landscape features that use smooth concrete or
asphalt.
Large Family Day Care Home.
provides family day care to 7 to
children daily, inclusive, including
reside at the home.
Liqht Manufacturing. Manufacturing
conducted within an enclosed building that include
A home which
12 designated
children who
uses
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fabricating, assembling, testing, repairing,
servicing or processing products where the nature of
the operation 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
thereof which is used principally
habitation.
Loading Space. An off-street space or berth on
the same parcel with a building for the temporary
parking of a vehicle while loading or unloading of
goods.
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 Housinq. A residential structure
built off-site and moved to a designated site for
placement on a permanent foundation.
or portion
for human
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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 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 components, 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
fender work, welding, repair of tops, seat covers,
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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 income 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) I 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 necessity 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
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land dedicated for streets but including the area to
the center line of a rear alley.
Niqht Club. An establishment which primarily
offers live entertainment or dancing and which may
serve food or beverages.
Nonconforminq 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.
Nursing 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 storaqe. The keeping, in an unroofed
area, of any goods, junk, material, merchandise, or
vehicles in the same place for more than 72 hours.
Overlay District. A zoning designation
specifically delineated on the Districting Map
establishing land use requirements that govern in
addition to the standards set forth in the underlying
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.
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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. Heiqht. 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 communicates 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 entire weight 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
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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-af-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 or
alley right-of-way.
Parcel, Corner. A parcel of land abutting two
or more streets at their intersection, or upon two
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parts of the same street forming an interior angle of
less than 135 degrees.
Parcel Coveraqe. That portion of the parcel
that is covered by buildings and structures. Parcel
coverage shall include that 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
legal 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 publ ic or private street or any other
public space.
pa~cel Line, Front. The parcel line separating
a parcel from a street right-of-way. In the case of
a corner parcel, the line separating the narrowest
street frontage of the parcel from the street shall
be considered the front.
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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 line of which is substantially a
continuation of the front parcel line of the first
parcel to its rear.
Parcel, Throuqh. 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.
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(c) 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 progression
of buildings and stores.
(g) Signage 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 the 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 she! tering mechanical equipment or
vertical shaft openings in the roof.
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Performance Standards
administrative permit obtained in
Permit. An
accordance with
Subchapter 10D.
Permitted Use. Any use allowed in a Zoning
district and subj ect 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 construction are primarily intended for
conducting religious services and accessory uses
associated therewith.
Planninq 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 over an adj acent
driveway, the purpose of which is to shelter persons
entering and exiting a building.
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.
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
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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
years of age, but also including persons under 60
years of age 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.
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Residential Use. One or more rooms designed,
occupied, or intended for occupancy as primary living
quarters in a building or portion 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 columns 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 Housinq.
including a single family
A building or buildings,
dwelling, that provides
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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 establishment 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 building not including permitted projections.
Shelter for the Homeless. A residential
facility operated by a IIprovideru, other than a
Ilcommunity 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 IItemporary 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
"provideru shall mean a government agency or private
non-profit organization which provides, or contracts
with recognized community organizations to provide,
emergency or temporary shelter for the homeless, and
which meets the standards set forth in section
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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 which is associated with a
restaurant or other eating and drinking establishment
on a contiguous adjacent parcel.
Sinqle 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 sanitary
facilities.
8i te. Any plot or parcel of land or
combination of contiguous parcels of land.
Skylight. That portion of a roof which is
glazed to admit light, and the mechanical fasting
required to hold the glazing, 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.
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Solar Energy system. Any solar collector or
other solar energy device, or any structural design
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 without requiring an appointment such as
travel agencies, real estate offices and insurance
agencies.
Pt:ory. 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 grade 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 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.
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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 Parking. 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, activity, 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.
Trailer. A vehicle without motor power,
designed to be drawn by a motor vehicle and to be
used for human habitation or for carrying persons or
property, including a 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.
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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
15 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 permit obtained in
accordance with Subchapter IDE.
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 (HUD) , adjusted for
household size.
Warehouse. A building, group of buildings, or
a portion of a building used for the storage of goods
and materials.
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Yard. An open space si tuated 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 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 Chapter.
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
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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 the city of Santa Monica.
SECTION 2. Santa Monica Municipal Code section 9010.6 is
amended to read as follows:
SECTION 9010.6. Property Development Standards.
All property in the Rl District shall be developed in
accordance with the following standards:
(a) Maximum Buildinq Height. Two stories, not
to exceed 28 feet, which includes mechanical equipment
and screening. Fifty percent of 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 above 14 feet of building height
to a maximum height of 21 feet. No portion of the
building shall intersect a plane commencing 21 feet in
height at the minimum side yard setback and extending
at an angle of 45 degrees from the vertical toward the
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interior of the site. On lots of more than 20,000
square feet with a minimum of 200 feet of street
frontage f 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 Conditional Use Permit has
been approved for a duplex as permitted by section
9010.4(a) .
(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 any parcel
existing on the effective date of this Chapter shall
not be subject to this requirement.
(d) Maximum Parcel Coverage. 40 percent.
(e) Front Yard Setback. As shown on the
Official Districtin9 Map of the City, or, if no
setback is specified, 20 feet. For structures over 14
feet in height, 25 percent of the 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
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minimum 4 foot side yard shall be required. (See also
section 9040.19.)
(h) Front Yard pavinq. No more than 50% 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
height. 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.
SECTION 3. Santa Monica Municipal Code section 9011.6 is
amended to read as follows:
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 30 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 that existed on
August 31, 1975.
(e) Maximum Parcel Coveraqe. 60%
(d) Minimum Lot Size. 3,000 square feet. Each
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parcel shall have a minimum depth of 100 feet and a
minimum width of 30 feet, except that parcels already
developed and existing on the effective date of this
Chapter shall not be subject to this requirement.
(e) Front Yard Setback. 10 feet.
ef) 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) Front Yard Pavinq. No more than 50% of the
required front yard area including driveways shall be
paved.
SECTION 4. Santa Monica Municipal Code section 9019.6 is
amended to read as follows:
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%. However, within the Third
street Mall Specific Plan area, and with the exception
of residential uses, where the development standards
of this Subchapter are inconsistent with the Third
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street Mall Specific Plan, the standards contained in
the Third Street Mall Specific Plan shall govern.
SECTION 5. Santa Monica Municipal Code Section 9024.2 is
amended to read as follows:
SECTION 9024.2 Permitted Uses.
uses shall be permitted in the CP
conducted wi thin an enclosed building,
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
group living quarters.
(g) Delicatessens.
(h) Drug stores.
(i) Florists.
(j) Gift or souvenir shops.
(k) Hospitals.
(1) Ice cream shops.
(m)
Medical
and
dental
The fOllowing
District, if
except where
other similar
clinics
and
laboratories.
(n) Medical and general offices.
(0) Medical supplies and services.
(p) Offices and meeting rooms for charitable,
youth, and welfare organizations.
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(q) Office supply stores.
(r) Public parks and playgrounds.
(s) Residential uses including residential uses
at the ground floor.
(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 6. Santa Monica Municipal Code Section 9040.3 is
amended to read as follows:
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 of the roof.
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.
(b) The following shall be permitted to exceed
the height limit in all zoning districts except the Rl
District:
(1) Vents, stacks, ducts, skylights and
steeples provided such 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 inches in height.
(3) Elevator shafts, stairwells, or
mechanical room enclosures above the roofline if:
a.
The
the
enclosure
elevator,
is used
mechanical
exclusively for housing
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 and
other structures identified in 9040.3(b) (1) that
extend above the roofline shall not exceed 25% of the
roof area.
d. The mechanical equipment is
screened in conformance with Section 9040.14.
e. The mechanial equipment
enclosure does not exceed 12 feet in height above the
height permitted in the district.
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(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.
(5) In all districts, chimneys may extend
no more than five feet above the permitted height in
the district.
SECTION 7. Santa Monica Municipal Code Section 9040.5 ~s
amended to read as follows:
SECTION 9040.5. Build-to-Line. Notwithstanding
other provisions of this Chapter, for all new
buildings or additions to the front or street side of
existing buildings in the C2 and C3C Districts, up to
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 cafes, other
approved urban design amenities, or landscaping
required pursuant to the provisions of Subchapter 5B.
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SECTION 8. Santa Monica Municipal Code Section 9040.8 is
amended to read as follows:
SECTION 9040.8. Fence, Wall, Hedqe, Flaqpole.
Any fence, wall, hedge, or flagpole shall comply with
the following standards:
(a) Fences, walls, or hedges shall not exceed
six feet in height when located in a required side
yard or rear yard. Fences or walls in the required
side yard or rear yard may extend up to eight feet in
height when adj acent 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 corner 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
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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.
SECTION 9. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
thlS Ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 10. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 11. The Mayor shall sign and the city Clerk shall
attest to the passage of this Ordinance. The city Clerk shall
cause the same to be published once in the official newspaper
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within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
~ W'\o.
ROBERT M. MYERS
city Attorney
~
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.
Adopted and approved this 25th day of April, 1989
PO---t- Ilcll~
May&
I hereby certify that the foregoing Ordinance No. 1476 (CCS)
was duly and regularly introduced at a meeting of the City
Council on the 11th day of April, 1989; that the said Ordinance
was thereafter duly adopted at a meeting of the city council on
the 25th day of April, 1989, by the following Council vote:
Ayes:
Councilmembers:
Abdo, Finkel, Genser,
Jennings, Katz, Reed, Zane
Noes:
Councilmembers:
Abstain:
councilmembers:
Absent:
Councilmembers
ATTEST:
4h~~
'- ci ty Clj!rk