O1645
.
.
.
CA:RMM:tp85jhpadv
City Council Meeting 9-22-92
Santa Monica, California
ORDINANCE NUMBER 1645(CCS)
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING THE ZONING ORDINANCE
BY AMENDING SUBCHAPTER 4N
RELATING TO THE MAIN STREET COMMERCIAL DISTRICT;
ADDING SECTION 9040.42 REGARDING
PROPERTY DEVELOPMENT STANDARDS FOR RESTAURANTS;
AMENDING SECTION 9000.3 ADDING A DEFINITION OF BAR;
AMENDING SECTION 9080.2 RELATING TO NONCONFORMING BUILDINGS;
AMENDING SECTIONS 9150.5 - 9150.8 AND ADDING
SECTION 9150.9 RELATING TO ENFORCEMENT;
AMENDING SECTION 9113.3 RELATING TO VARIANCES;
AMENDING SECTION 9044.4 RELATING TO
PARKING REQUIREMENTS FOR RESTAURANTS;
AND AMENDING THE MUNICIPAL CODE BY ADDING SECTION 9517
REGARDING POSTING REQUIREMENTS FOR ARCHITECTURAL
REVIEW BOARD APPLICATIONS
WHEREAS, the Main Street Advisory Committee was established
by the City council to work with Planning staff and developed a
Main street Master Plan and Proposed Ordinance Revisions to apply
in the CM District and citywide; and
WHEREAS, the Planning commission held public hearings on
the Main Street Master Plan and Proposed Ordinance Revisions on
June 19, July 17, and July 31, 1991 and made recommendations to
the City council following the hearings; and
WHEREAS, the City Council held a public hearing on the Main
Street Master Plan and Proposed Ordinance Revisions on October
IS, 1991; and
- 1 -
.
.
WHEREAS, the City Council adopted the Main Street Master
Plan and Proposed Ordinance Revisions following the public
hearing,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Sections 9023.1
through 9023.7 are amended to read as follows:
Subchapter 4N. CM Main Street 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 Commercial District has
historically accommodated a variety of uses,
including commercial and residential uses which
have provided daily necessities, places of
employment, and leisure time opportunities for
those living in the surrounding community and the
greater Santa Monica area, as well as for the
area I s large number of tourists. The Main Street
Commercial District is established to provide mixed
use development to accommodate housing, retail,
commercial, overnight visitor, and service uses.
(b) The Main street Commercial District
directly adjoins residential neighborhoods of high
density but principally low to moderate scale.
- 2 -
.
.
Further, as a coastal commercial area it also
adjoins popular beach recreation areas which
regularly generate a substantial transient influx.
The Main street Commercial District is established
to encourage physical improvements of low to
moderate scale which will continue to be compatible
with nearby residential and commercial uses and
which will provide a balanced supply of goods and
services consistent with the historical pattern.
section 9023.2 Permitted Uses. The
following uses are permitted in the "CM" Main
Street Commercial District, if the use is a single
use occupying less than 7500 square feet, and is
conducted within an enclosed building, the ground
floor Main Street frontage of which does not exceed
75 linear feet, unless otherwise indicated:
(a) Appliance repair shops.
(b) Art Galleries.
(c) Artist studios.
(d) Banks and savings and loan
institutions.
(e) Barber and beauty shops.
(f) Bed and breakfast facilities provided
that any dining facility shall be limited to use by
registered guests only. Only two such facilities
may be permitted in the District.
(9) Child day care centers.
- 3 -
.
.
(h) Florists and plant nurseries.
(i) Furniture upholsterer's shops.
(j) General offices.
(k) General retail uses.
(1) Laundromats, dry cleaners.
(m) Libraries.
(n) Medical, dental, and optometrist
facilities above the first floor provided the use
does not exceed a maximum of 3,000 square feet.
(0) Print, or publishing shops.
(p) Restaurants with 49 or less seats.
(q) Shelters for the homeless with 50 or
less beds.
(r)
(s)
(t)
(u)
invited.
Shoe repair stores.
Tailors.
Theaters with 75 or less seats.
Wholesale
stores
where
public
is
section 9023.3. Uses Subject to Performance
standards Permit. The following uses may be
permitted in the eM District subject to the
approval of a Performance Standard Permit:
(a) Residential uses above the first floor.
(b) Sidewalk cafes.
Section 9023.4. conditionally Permitted
Uses. The following uses may be permitted in the
- 4 -
.
.
"CM" District subject to the approval of a
conditional use permit:
(a) Bars.
(b) Billiard parlors.
(e) Bowling alleys.
(d) Business colleges.
(e) catering businesses.
(f) Dance studios.
(g) Exercise facilities.
(h) Fast-food and take-out establishments.
(i) Medical, dental, and optometrist
facilities at the first floor or in excess of 3,000
sq.ft.
(j) Meeting rooms for charitable, youth,
and welfare organizations.
(k) Museums.
(1) Music conservatories and instruction
facilities.
(m) Places of worship.
(n) Restaurants with 50 seats or more.
(0) Retail stores with 30 percent or less
of the total linear shelf display area devoted to
alcoholic beverages.
(p) sign painting shops.
(q) Theaters having more than 75 seats.
(r) Trade schools.
- 5 -
.
.
(s) Wine shops devoted exclusively to sales
of wine. There shall be no limit on the total
linear shelf display area.
(t) Any otherwise permitted uses in the
"CM" Main Street Commercial district which occupy
more than 7500 sq. ft. of floor area.
(u) Any otherwise permitted uses in the CM
Main street Commercial District conducted in a
building the ground floor Main street frontage of
which exceeds 75 linear feet.
(v) All uses other than specifically
prohibited uses, that are determined by the zoning
Administrator to be similar and consistent with
those uses specifically permitted, subject to
performance standards, or conditionally permitted.
Section
following are
District:
9023.5 Prohibited Uses.
specifically prohibited in the
The
"CM"
(a) Automobile service facilities.
(b) Bars above the first floor.
(c) Cinemas.
(d) Drive-in or drive-through uses.
(e) Game arcades.
(f) Hotels.
(g) Liquor stores other than
those
conditionally permitted.
(h) Motels.
- 6 -
.
.
section
9023.6
Property
Development
standards.
For purposes of property development
standards,
there
shall
be
three
zoning
classifications within the "CM" District: CM2, CM3,
and CM4.
All property in the "CM" District shall
be developed in accordance with the following
standards:
(a)
Maximum
Building
Height
and
FAR.
Maximum building helght, number of stories, and
floor area ratio shall be determined as follows:
District
Max
Height
Max No.
of Stories
Max
FAR
CM2
27'
2
1.5
CM3
35'
3
2.0
CM4
35'
3
2.0
Notwithstanding the above, property in the
CM4 District may be developed to a maximum height
of 47 feet, 4 stories, and a 2.5 FAR, provided the
following conditions are met:
(1) The fourth floor does not exceed
more than 50 percent of the third floor footprint.
(2) The fourth floor is set back a
minimum of 10 feet from the third floor street
frontage(s) .
(3) The fourth floor is set back a
minimum of 5 feet from the third floor side and
rear yard building frontage.
- 7 -
.
.
street
(4)
frontage
The fourth floor
is devoted to a
setback at the
roof garden or
unenclosed terrace.
(5) The
residential uses equal to
area of the fourth floor.
(6) The front yard setback at the
ground floor level is double that required pursuant
to subsection (b) of this Section.
There shall be no limitation on the number of
stories of any structure whose floor area contains
50% or more residential uses as long as the height
does not exceed the maximum number of feet
permitted in the zoning classification of the "eM"
District in which it is located.
development includes
or exceeding the floor
For purposes of calculating the FAR of any
structure within the "CM" District,
multi-residential units devoted strictly to
apartment residential uses shall be computed at
one-half (1/2) the actual total floor area.
(b) Front Yard Setback. A front yard shall
be provided in accordance with Subchapter 5B of the
Zoning ordinance.
(c) Rear Yard Setback. A rear yard shall be
provided and maintained. Said yard shall have a
minimum depth as follows:
(1) CM-2 District,
centerline of Main Street. No rear
east
yard
of
shall
the
be
- 8 -
.
.
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 feet in height 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 20 feet.
(i) Use of Rear Yard.
COIllIllercial use in the required rear yard is not
permitted. Non-coIllIllercial uses and parking are
permi tted in the rear yard to the rear property
line on the ground level.
(ii) 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 access for building maintenance
and repair. The remaining setback area may be
privately used (not open to the public) if enclosed
with a solid six foot barrier.
no
rear
yard
( iii)
setbacks
Exception.
required
There shall be
where existing
- 9 -
.
.
parking improvements and cornman ownership extend
through to Second Street.
(2) CM-2 District, west of the
centerline 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 height. Any 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 five 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 of the
centerline of Main Street, for one and two story
structures. A minimum 15 foot rear yard setback
for any portion of a third story is required.
(4) CM-4 District. No rear yard
setback is required except as may be required in
section 9023.6(a).
(d) Side Yard Setback. None.
(e) Development Review. A Development
Review Permit is required for any development of
more than 11,000 square feet of floor area.
Section 9023.7.
Development Standards.
Special Project Design and
Projects in the CM District
- 10 -
. .
shall comply with the following special project
design and development standards:
(a) First floor uses must be pedestrian
oriented uses.
(b) Restaurants and bars are limited to a
total of two establishments per block unless
otherwise specified in this section. For purposes
of this section, an establishment may be a
restaurant, a restaurant with a bar, or a bar. A
restaurant with a bar shall be considered one
establishment. A block is defined as both sides of
Main street and the adjacent sides of adjoining
side streets.
Portions of Main street to be designated
"Block" for the purpose of this Section are:
Block 1: South City Limits to Marine
Street.
Block 2: Marine Street to pier Avenue.
Block 3 : Pier Avenue to Ashland Avenue.
Block 4: Ashland Avenue to Hill.
Block 5: Hill to Ocean Park Boulevard.
Block 6: Ocean Park Boulevard to Hollister
Avenue (total of 4 restaurants and bars permitted
in this block).
Block 7:
Block 8:
Block 9:
Block 10:
Hollister Avenue to Strand.
Strand to Pacific.
Pacific to Bicknell.
Bicknell to Bay.
- 11 -
.
.
Block 11: Bay to pica Boulevard.
(c) North of Ocean Park Boulevard
restaurants shall be subject to the following
requirements:
(1) Only one restaurant on the east
side of each block shall be permitted.
(2) Restaurants on the east side of
each block shall be limited to 75 or less seats.
(3) No more than 200 seats per each
block shall be permitted, except that no more than
400 seats shall be permitted in Block 6.
(d) On-sale alcohol outlets may not exceed
twelve in number north of Ocean Park Boulevard. Of
the twelve total on-sale outlets, no more than five
shall have on-sale general licenses.
(e) Bars may not exceed four in number south
of Ocean Park Boulevard, nor two in number north of
Ocean Park Boulevard.
(f) Existing uses and existing number of
seats shall count toward the total number of bars
and restaurants and seating requirements permitted
within the District.
(g) An existing use shall be considered no
longer existing if that use is changed to another
type of use or if for a period of six months, such
use has not been in regular operation. Regular
operation shall be considered being open for
- 12 -
.
.
business to the general public during such use's
customary business hours.
(h) In structures housing mixed commercial
and residential uses, parking above the first floor
shall be allowed.
SECTION 2. section 9040.42 is added to the Santa Monica
Municipal Code to read as follows:
Section 9040.42. Posting of Seating
Requirements in Restaurants. All restaurants which
have 50 or more seats shall post a sign stating the
maximum number of seats allowed in the
establishment by the Conditional Use Permit. The
sign shall be a minimum of 12 inches by 18 inches,
and shall be posted by the entrance of the
restaurant, or such other location as required by
the Zoning Administrator.
SECTION 3. 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
within an accessory building for the sole use of
- 13 -
.
.
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,
tornado which causes
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.
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
tidal wave,
substantial
hurricane
or
damage
to
- 14 -
.
.
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
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 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 fac1lities
for the repair and service of the vehicles sold or
leased by the dealership.
Automobile Display Lot.
for the display, lease and
automobiles, light
recreational vehicles,
similar vehicles.
room designed to
for meetings,
Any property
sale of new or
used
used
trucks, vans, trailers,
motorcycles, boats or other
Automobile Repair Facility.
Any building,
- 15 -
.
.
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 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-site 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
- 16 -
.
.
parcel. However, in connection with development
projects in the Ocean Park Districts, average
natural grade shall have the same meaning as
"theoretical grade," or "grade, theoretical."
Awning. 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.
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.
Bar. An establishment with a "public
premises" liquor license 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.
Basement. The portion of a structure below
the f~nished 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.
- 17 -
.
.
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 Bouse. 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 bu~lding.
Building Coverage. The horizontal area
measured within the 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 lot.
Building Height. The vertical distance
measured from the existing average natural grade to
the highest point of the roof. However, in
connection with development proj ects in the Ocean
Park Districts, building height shall mean the
vertical distance measured from the theoretical
grade to the highest point of the roof.
Building Mass. Three dimensional forms, the
- 18 -
e
e
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 lot on which it is located is
conducted.
Building Size. The aggregate of building
mass and building bulk permitted on a lot 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.
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
facility, other than a family day care home, that
provides care, protection, and supervision for more
than six children for periods of 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, pre-
schools, nursery schools, and extended day care
facilities.
Church. See Place of Worship definition.
- 19 -
e
e
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 com-
mon 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
bylaws.
CommQn open Space.
is for the use of the
dwelling units.
co~~~nity 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:
Usable open space which
residents of two or more
(1) IIResidential 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
- 20 -
e
e
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 18 years of age or older in need of assis-
tance essential for sustaining the activities of
daily living or for the protection of the indi-
vidual on less than a 24-hour basis.
Conditional Use Permit. A discretionary per-
mit obtained in accordance with Subchapter 10F,
permitting the establ ishment 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 Drive-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
containing two dwelling units, each
functionally separated from the other.
Dwelling. A structure or portion thereof
is used principally for residential
single
of which
lot
is
which
occupancy.
Dwelling, MUlti-Family. A
containing two or more dwelling units.
dwelling
- 21 -
e
e
Dwelling, single-Family. A building
containing one dwelling unit which contains only
one ki tchen and which is loca ted on a permanent
foundation.
Dwe1ling 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.
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 subtransmission
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
- 22 -
e
e
shall not be considered
restaurant solely on the
occasional take-out sales.
a fast-food or take-out
basis of incidental or
Fence. A
combination of
barrier of any material
materials functioning as
or
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.
- 23 -
e
e
(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, 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,
kitchens, storage areas, and interior hallways and
corridors.
(2) The floor area of interior
courtyards, atria, paseos, walkways, and corridors
covered by a roof or skylight.
(3) Covered at-grade parking.
- 24 -
e
e
( 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:
(a) The floor devoted to parking
does not exceed 10 feet in height.
(b) There is at least one level
of subterranean or semi-subterranean parking
provided on the lot.
(c) The at-grade and above grade
parking levels are screened from view.
(d) There is no parking on the
ground floor within 40 feet of the front property
line.
(e) 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 lot 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
- 25 -
e
e
the premises.
Garaqe, 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.
Grade, Theoretical. An imaginary line from
the midpoint of the lot on the front property line
to the midpoint of the lot on the rear property
line.
Gradinq. 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 habi ts
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
lot.
- 26 -
e
e
Habitable Space. Space in
for living, sleeping, eating,
Bathrooms, closets, halls, storage
space, and parking areas are not
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 lOB
to allow a home occupation.
Hospice. A facility that
residential living quarters for up
terminally ill persons. A hospice is a
use in all residential districts.
a dwelling unit
or cooking.
or utility
considered
provides
to six
permitted
including,
A building, group of buildings, or a
a building which is designed for or
the temporary lodging place of
for less than 30 consecutive days
but not limited to, an establishment
Hotel.
portion of
occupied as
individuals
- 27 -
e
e
held out to the public as an
hostel, inn, time share project,
other similar use.
Household. Persons living together in a
single dwelling unit, 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 lot 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. A home which
provides family day care to 7 to l2 designated
children daily, inclusive, including children who
apartment hotel,
tourist court, or
- 28 -
e
e
reside at the home.
Light Manufacturing. Manufacturing uses
conducted wi thin an enclosed building that include
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.
Living Area. The inter ior habitable area of
an existing principal dwelling unit including
basement and shall not include a garage.
Living Quarters. A structure
thereof which is used principally
habitation.
Loading Space. An off-street space or berth
on the same lot with a building for the temporary
parking of a vehicle while loading or unloading of
goods.
Loft. See Mezzanine.
Lot. A lot.
or portion
for human
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.
- 29 -
e
e
Manufactured Housing. A residential
structure built off-site and moved to a designated
site for placement on a permanent foundation.
Kezzanine. 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 total floor area in that room, it shall
consti tute 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 permi tted In anyone room. A mez zanine
shall be considered a loft.
Middle Income Household. A household whose
gross annual income is 100% of the median income of
the Los Angeles-Long Beach-Anaheim Metropolitan
Statistical Area (PSMA), as determined periodically
by the U.S. Department of Housing and Urban
Development (HUD) adjusted for household size.
Mini-Mart. A small retail store selling
commonly purchased groceries, fast-foods, household
goods, and impulse items, and located on the same
lot 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
- 30 -
e
e
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, and upholstery, auto glass
work, painting, rebuilding batteries, tire
recapping or retreading, and similar work.
Mixed Use Development. The development of a
lot 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 8l% 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
- 31 -
e
e
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 products, vegetables, fruits, 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
falls 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.
Off-site Hazardous Waste Facility. An
operation involving handling, treatment, storage,
or disposal of a hazardous waste in one or more of
- 32 -
tit
e
the following situations:
(1) The hazardous waste is transported
via commercial railroad, public owned road or
public waters, where adjacent land is not owned by
or leased to, the producer of the waste.
(2) The hazardous waste is at a site
which is not owned by or leased to, the producer of
the waste.
(3) The hazardous waste is at a site
which receives hazardous waste from more than one
producer.
Outdoor storage. The keeping, in an unroofed
area, of any goods, junk, material, merchandise, or
vehicles in the same place for more than 72 hours.
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.
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
lots combined to be used, developed, or built upon
as a unit as provided for in Section 9002.1.
- 33 -
e
e
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 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 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, Flag. 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 Frontage. 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
- 34 -
tit
e
public space.
Parcel Line, Front. The parcel line
separating a parcel from a street right-of-way. In
the case of a corner parcel, the line separating
the narrowest street frontage of the parcel from
the street shall be considered the front.
Parcel Line, Rear. The parcel line opposite
and most distant from the front parcel line, or in
the case of a 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, Through. A parcel which fronts on
two parallel streets or which fronts upon two
streets which do not intersect at the boundaries of
the parcel.
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.
- 35 -
e
e
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) Deslgn amenities related to the
street level such as awnings, paseos, arcades.
(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 pro-
gression 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 in-
tended 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 sug-
gest or require appointments for services when
- 36 -
e
e
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 1 tering mechanical equipment
or vertical shaft openings in the roof.
Performance Standards Permit. An administra-
tive permit obtained in accordance with Subchapter
lODe
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 construction are primarily intended for
conducting religious 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 over an adjacent
driveway, the purpose of which is to shelter
persons entering and exiting a building.
primary Space. Living room, dining room,
- 37 -
e
e
family room, library, or similar such activity room
in a dwelling unit.
primary window. A glazed surface whose area
is larger than any other glazed surface in a room
which serves as a primary space.
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 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.
pri vate 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
- 38 -
e
e
open spaces.
Public utility service Center and
Yard. Any building or property used
administration of public utility
maintenance, and installation crews,
Service
for
the
repair,
warehouse,
storage yard or maintenance garage including
vehicle parking of a pUblic utility.
Recreational Buildinq. Incidental park
structures such as restrooms and maintenance
facilities, community rooms, locker rooms and
showers serv~cing persons using the beaches or
ocean, playing courts, playgrounds, picnic areas,
and public swimming pools.
Residential Care Facility. A group housing
arrangement chosen voluntarily by residents over 60
years of age, 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 admi tted and remain in
the facility.
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.
- 39 -
e
e
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.
Secondary Window. Window serving a bedroom,
bathroom, kitchen, stairway, corridor, or storage
area in a dwelling unit, or a window in a primary
space which is not a primary window.
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
- 40 -
e
e
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 lot line
and a building not including permitted projections.
Shelter for the Homeless. 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
shelter for the homeless, and which meets the
standards set forth in section 9050.14.
Shrub. A plant with a compact growth habit
- 41 -
e
e
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 lot.
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 sanitary
facilities.
site. Any plot or lot of land or combination
of contiguous lots of land.
Skylight. That portion of a roof which is
glazed to admit light, and the mechanical fastening
required to hold the glazing, including a curb not
exceeding 10 inches in height, to provide a
weatherproofing barrier.
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
- 42 -
e
e
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 hearing 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.
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 grade of the lot. 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
subdivision definitions.
Substantial Remodel.
or more of the exterior walls or removal
3
for
all
Removal
of
50
percent
of 50
- 43 -
e
.
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.
Tempora.ry Use permi t. 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 Hobilehome 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.
- 44 -
e
e
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.
Usable Open Space. Outdoor space which is
specifically designed and constructed to be
occupied by and used by residents of the dwelling
units on a lot.
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 10E.
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
- 45 -
e
e
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 lot
lines and not covered by buildings.
Yard, Front. A space extending the full
width of the lot between any building and the front
lot line t and measured perpendicular to the
building at the closest point to the front lot
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 t 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 lot between the principal building and the
side lot line measured perpendicular from the side
lot 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
full depth of the lot between
- 46 -
extending the
the principal
e
e
building and the side lot line adjacent to a public
street right-of-way measured perpendicular from the
side lot 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 lot between the principal building and the
rear lot 1 ine measured perpendicular from the rear
lot 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 4. Section 9080.2 of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 9080.2 Leqal, Nonconforming
Buildings. A legal, nonconforming building is a
structure which lawfully existed on the effective
date of this Chapter but which does not comply with
one or more of the property development standards
for the district in which it is located. A legal,
nonconforming building may be maintained as
follows:
(a) Repairs and Alterations.
(1) Repairs and alteration may be made
- 47 -
e
e
to nonconforming residential buildings in Rl and
multi-family districts.
(2) Repairs and alterations may be
nonconforming commercial or industrial
provided there is no expansion or
increase in the square footage of the existing
made to
buildings
building.
(3) Changes to interior partitions or
other nonstructural improvements and repairs may be
made to a nonconforming commercial or industrial
building but the cost of improvement and repair
shall not exceed one-half the replacement cost of
the nonconforming building over any five year
period.
(4) The replacement cost shall be
determined at the time of building permit
application by the Building Officer, whose decision
may be appealed to the Building and Safety
Commission.
(b) Additions and Enlargements. An addition
to or enlargement of a nonconforming building shall
be permitted if the addition or enlargement is made
to conform to all the regulations of the district
in which it 1S located, except that:
(1) A building not conforming as to
height regulations may be added to or enlarged,
provided such addition or enlargement conforms to
all of the regulations of the district in which it
- 48 -
e
e
is located, including the total floor area
permitted on the parcel.
(2) A residential building lacking
sufficient parking space as required by Subchapter
5E may be added to or enlarged provided additional
parking spaces are supplied to meet the
requirements of Subchapter 5E for the new addition.
Additional parking shall be required for the
addition of bedrooms.
(3 )
A
commercial
or
industrial
building lacking sufficient parking spaces as
required by Subchapter 5E may be added to or
enlarged provided that additional parking spaces
are supplied to meet the requirements of Subchapter
5E for the addition or enlargement, and provided
that no single or cumulative addition or
enlargement exceeds 25% of the floor area of the
building existing on the effective date of this
Chapter.
(4) A commercial or industrial
building lacking sufficient parking spaces as
r~quired by Subchapter 5E may be added to or
enlarged beyond 25% of the floor area of the
building existing on the effective date of this
Chapter, provided additional parking spaces are
supplied to meet the requirements of Subchapter 5E
for the floor area of the entire building.
(e) Replacing Nonconforming Features or
- 49 -
e
e
Portions of Buildings.
Nonconforming features or
portions of buildings that are removed shall not be
replaced unless they conform to the provisions of
this Chapter.
.
(d) Moving. No nonconforming building shall
be moved in whole or in part to any other location
on the parcel unless every portion of the building
is made to conform to all of the regulations of the
district in which it is located.
(e)
Restoring.
A nonconforming building
which is damaged or destroyed to an extent of less
than one-half of its replacement cost immediately
prior to such damage may be restored to its
original condition only if the restoration is
commenced within one year of the date the damage
occurs and is diligently completed.
(f)
A
nonconforming
building which
is
damaged or destroyed to an extent of one-half or
more of its replacement cost immediately prior to
such
damage
may
not
be
restored
to
its
nonconforming condition but must be made to conform
to the provisions of this Chapter.
A designated
landmark structure or historically significant
building identified in the Historic Resources
Survey as a category 1 through 5 structure which is
damaged or destroyed may be rebuilt if the building
is rebuilt to its square footage, site orientation,
and height and setbacks, that existed prior to the
- 50 -
e
e
destruction.
SECTION 5. Santa Monica Municipal Code Sections 9150.5
through 9150.8 are amended to read as follows:
Section 9150.5. Enforcement. In addition to
any other remedy provided for by law, the Zoning
Administrator may take the following action for any
violation of this Chapter or of the terms and
condi tions of any permi t or approval as provided
for in Section 9150.3:
(a) Institute proceedings as provided for by
this Chapter to revoke or suspend any permi t or
approval.
(b) Revoke the business license held by any
violator as provided for in Section 9150.6.
(c) Impose an enforcement fee as provided
for in section 9150.8.
(d) Cause to be issued a citation as
provided for in Section 9150.9.
(e) Request that the City Attorney take
appropriate enforcement action. Referral by the
Zoning Administrator is not a condition precedent
to any enforcement action by the City Attorney.
Section 9150.6. Business License Revocation
or Suspension.
(a) Notwithstanding any other provision of
this Code, the Zoning Administrator may suspend a
business license for 30 days or less, or may revoke
- 51 -
e
e
a business license issued pursuant to Article VI of
the Code, if the holder of such business license
has violated the provisions of this Chapter or the
terms and conditions of any permit or approval as
provided for in Section 9150.3, in accordance with
the procedure set forth in this section.
(b) Upon being notified of a second
violation of this Chapter, or the terms and
conditions of any permit or approval, within a
three (3) year period from the date of the first
violation, the Zoning Administrator shall notify
the person that a third violation within such three
(3) year period may result in the suspension or
revocation of the person's business license.
ee) Upon being notified of a third violation
of this Chapter, or the terms and conditions of any
permit or approval within a three year period from
the date of the first violation, the Zoning
Administrator may notify the person of the
revocation or suspension of the person's business
license.
(d) Any notice of revocation or suspension
issued pursuant to this section shall be final upon
the expiration of the appeal period if no appeal is
timely filed or upon the decision of the Planning
Commission if an appeal is timely filed.
- 52 -
e
e
Section 9150.7 Right to Appeal. Any person
may appeal the suspension or revocation of the
business license in accordance with the following
procedures:
(a) A notice of appeal shall be filed with
the Zoning Administrator within fourteen (14) days
from the date of the notice of revocation or
suspension.
(b) The Planning Commission shall hold a
hearing on the appeal within 60 days of the date of
the filing of the appeal. The City shall give the
appellant at least ten (10) days notice of the time
and place of the hearing. The Planning Commission
shall render a decision within 15 days of the date
of the hearing.
(c) The decision of the Planning Commission
shall be final except for judicial review and there
shall be no appeal to the city Council.
(d) Any notice revoking or suspending a
business license pursuant to this section shall set
forth the appeal rights as provided for in this
subsection.
Section 9150.8 Enforcement Fees.
(a) An enforcement fee shall be paid to the
City by each person who has violated the provisions
of this Chapter or the terms and conditions of any
permit or approval as provided for in Section
- 53 -
e
e
9150.3. The purpose of this fee is to recover the
costs of enforcement from any person who violates
the provisions of this Chapter or any permit or
approval.
(b) Fees shall be assessed as follows:
(1) For the first violation there
shall be no fee.
(2) For the second violation within a
three (3) year period from the date of the first
violation, the fee shall be $100.00.
(3) For the third violation and each
subsequent violation within a three (3) year period
from the date of the first violation, the fee shall
be $200.00.
(c) The Zoning Administrator shall cause to
be issued a notice imposing fees under this
section. The notice shall provide that the fee
shall be due and payable within 15 days from the
date of the notice. A penalty of ten percent per
month shall be added to any fees that have not been
paid when due.
(d) Any person upon whom fees have been
imposed pursuant to this Section may appeal the
action in accordance with the following procedure:
(1) A notice of appeal shall be filed
with the Zoning Administrator within 10 days of the
date of the notice.
(2) At the time of filing the notice
- 54 -
e
e
of appeal, the appellant shall deposit with the
city Treasurer money in the amount of all fees due.
If, as a result of the hearing, it is determined
that the City is not entitled to all or a portion
of the money, the City shall refund to the person
all or a portion of the money deposited.
(3) The Planning Commission shall hold
a hearing on the appeal within 45 days of the date
of filing of the appeal. The City shall give the
appellant at least five days notice of the time and
place of the hearing. The Planning Commission
shall render a decision within 15 days of the date
of the hear ing . The purpose of the hearing shall
be limi ted to whether or not the violation
occurred.
(4) The decision of the Planning
Commission shall be final except for judicial
review and there shall be no appeal to the city
Council.
(5) Any notice issued pursuant to this
Section shall set forth the appeal rights as
provided for in this subsection.
SECTION 6. Section 9150.9 is added to the Santa Monica
Municipal Code to read as follows:
Section 9150.9 citations. Pursuant to Penal
Code section 836.5, the Senior Zoning Inspector and
Zoning Inspectors may arrest a person whenever he
- 55 -
e
e
or she has reasonable cause to believe that the
person to be arrested has commi tted a misdemeanor
in his or her presence which is a violation of this
Chapter or the terms and conditions of any permit
or approval as provided for in Section 9150.3. In
any case in which a person is arrested pursuant to
this Section and the person arrested does not
demand to be taken before a magistrate, the Senior
Zoning Inspector or Zoning Inspector shall prepare
a written notice to appear and shall release the
person on his or her promise to appear as provided
for in section 3606 of this Code.
SECTION 7. section 9113.3 of the Santa Monica Municipal
Code is amended to read as follows:
section 9113.3. Applicability.
Administrator may grant a variance
requirements of this Chapter to:
(a) Allow modification of the
sizes or minimum parcel dimensions.
(b) Allow the reduction of the
The Zoning
from the
minimum lot
automobile
parking space or loading space requirements.
(c) Allow the modification of fence heights.
Cd) Allow the modification of yard setbacks
or parcel coverage on:
(1) Parcels having a depth of 90 feet
or less or a width of 39 feet or less.
- 56 -
e
e
(2)
Non-rectilinear
parcels
or
rectangular parcels on which parallel property
lines differ in length a minimum of five feet.
(3) Parcels with a 12.5 foot grade
differential or more, as measured from either any
point on the front parcel line to any point on the
rear parcel line, or from any point on a side
parcel line to any point on the opposing side
parcel line.
(4) Additions to the same floor of an
existing building which is non-conforming as to
yard setbacks, where such addition follows the line
of the existing building but in no case is closer
than four feet to a property line.
(5) Parcels in the "eM" District on
which relocated structures that are identified on
the Historical Resources Survey as having a value
of 1 through 5D or which are determined to be
historically significant by the Landmarks
Commission are located. A variance may apply only
to the relocated structure.
(e) For projects conforming to state density
bonus guidelines, allow encroachment into no more
than 15 percent of one side yard setback, and into
15 percent of either the front or rear yard
setback, and, except in those zones where an
increase in parcel coverage for state density bonus
projects is already permitted, allow an increase in
- 57 -
e
e
parcel coverage by no more than ten percent of
parcel area. In no case shall a rear yard setback
of less than five (5) feet be allowed.
(f) Allow buildings to exceed district
height limits by no more than five (5) feet in one
of the following situations:
(1) If a parcel has a grade
differential of 12.5 feet or more, as measured from
either any point on the front parcel line to any
point on the rear parcel line, or from any point on
a side parcel line to any point on the opposing
side parcel line.
(2) To allow an addition to an
existing structure that is legally non-conforming
as to height provided the addition does not exceed
the height line of the existing building.
(g) Allow an addition to an existing
building that is legally non-conforming as to
height provided all of the following criteria are
met:
(1) The addition does not exceed the
height line of the existing building.
(2) The addi tion does not exceed two
(2) percent of the total floor area of the
building.
(3)
The
the
addition
overall
does not
footprint
increase
of the
lot coverage
building.
or
- 58 -
e e
(4) The addition does not increase
the density or number of inhabitants or increase
the intensity of use of the building.
(5) The addition otherwise conforms
to the regulations of the district in which it is
located.
(6) There is no feasible alternative
method of attaining the desired use.
(7) There is no substantial adverse
impact to adjacent buildings, existing streetscape,
privacy, nor significant increases to the mass and
bulk of the building.
(h) Allow the modification of the required
front yard setback to allow, in the case of
existing development, a detached garage provided
all of the following criteria are met:
(1) The lot is less than 100 feet in
depth.
(2) The on
single-family dwelling.
(3) No alley
site
use
is
a
access
is available to
the site.
(i) Allow the modification of the side yard
setback for primary windows in the OP-2, OP-3, and
OP-4 Districts when the imposition of the required
setback would severely constrain development on the
project, an alternative setback would still satisfy
- 59 -
e
e
private open space requirements,
and maintain
privacy for the occupants of the project.
SECTION 8.
section 9044.4 of the Santa Monica Municipal
Code is amended to read as follows:
Section 9044.4. Number of parking Spaces
Required.
RESIDENTIAL
(FA = floor area)
USE
MINIMUH OFF-STREET
PARKING RE~UIREMENT
MAXIMUM PERCENT
COMPACT SPACES
ALLOWED
Detached single
family units
2 spaces in a garage per
dwelling unit
None
Condominiums:
Studio, no bedrooms
1.0 covered space
None
1 & 2 bedrooms
2 covered spaces per unit
None
Each bedroom over 2
0.5 covered spaces per extra
bedroom
Visitor spaces
1 space per 5 units (applies 30%
to projects of 5 or more units)
MUlti-family resi-
dential:
studio, no bedrooms
l.O space
None
1 & 2 bedrooms
2 spaces per unit
None
Each bedroom over 2
0.5 spaces per extra bedroom
Visitor spaces
1 space per 5 units (applies
to projects of 5 or more
units)
30%
- 60 -
e
USE
Child Day Care
Center
Rooming houses,
boarding homes,
clubs, or fraternity
type housing with
sleeping facilities
Hotels, Motels
Senior group housing
senior group housing
that is deed re-
stricted for low-
moderate income
levels
It
MINIMUM OFF-STREET
PARKING REgUIREMENT
MAXIMUM PERCENT
COMPACT SPACES
ALLOWED
Surface parking shall be pro-
vided in the rear half of the
residential lot.
2 spaces in addition to those
required for the residence
1 covered space per bedroom 30%
1 space per guest room plus 40%
1 space for each 200 sq. ft.
used for meetings and banquets.
Other uses such as bars and
restaurants shall provide
parking in conformance with the
requirements for Commercial Uses
11sted below.
1 space per unit 40%
1 guest space per 5 units
0.5 space per unit 40%
1 guest space per 5 units
- 61 -
e
USE
Automobile rental
agency
Automobile repair
Automobile service
station with or
without mini-mart
Automobile sales
Auto washing (self-
service or coin
operated)
Barber Shop, beauty
parlor or nail salon
Banks and commercial
savings and loan
institutions
General office
e
COMMERCIAL
(FA = floor area)
MINIMUM OFF-STREET
PARKING REQUIREMENT
MAXIMUM PERCENT
COMPACT SPACES
ALLOWED
1 space per 500 sq. ft.
of FA plus 1 space per 1,000
sq. ft. of outdoor rental '
storage area.
1 space per 500 sq. ft. of FA
plus 2 spaces per service
bay.
2 spaces per service bay plus
3 spaces if full service, 1
space if self service, plus 1
space for each 100 sq. ft. of
retail
1 space per 400 sq. ft. of floor
area for showroom and office,
plus 1 space per 2,000 sq. ft. of
exterior display area, plus 1
space per 500 sq. ft. for
automobile repair, plus 1 space
per 300 sq. ft. for the parts
department.
2 spaces for each washing
stall
1 space per 300 sq. ft.
1 space per 300 sq. ft.
on the 1st floor. Other
office above 1st floor shall
comply with general office
use requirement.
1 space per 300 sq. ft. of FA
40%
40%
40%
None
40%
40%
40%
*No required off-street parking space shall be used for sale,
rental, or repair of autos.
- 62 -
e
USE
Restaurant:
Restaurant
Fast food,
take-out, drive-
through
restaurants
Bars and night-
clubs (dance
halls, discos,
etc. )
Retail, general
merchandising which
is not located in a
shopping center
Retail, furniture
and appliance
Lumber yards, plant
nurseries
USE
Libraries
Auditoriums
e
MINIMUM OFF-STREET
PARKING REQUIREMENT
MAXIMUM PERCENT
COMPACT SPACES
ALLOWED
1 space per 300 sq. ft. of 40%
support area; 1 space per
75 sq. ft. of service and
seating area; and 1 space per
50 sq. ft. of separate bar area.
1 space per 75 sq. ft. of FA. 40%
Minimum of 5 spaces must be
provided.
1 space per 50 sq. ft. of FA. 40%
Portions of restaurants that
include bars shall be calcu-
lated using this standard.
1 space per 300 sq. ft. of FA. 40%
Loading zone required.
1 space per 500 sq. ft. of FA. 40%
Loading zone required.
1 space per 300 sq. ft. of FA 40%
for interior retail plus 1
space per 1,000 sq. ft. of
outdoor area devoted to display
and storage. Loading zone
required.
EDUCATIONAL
(FA = floor area)
MINIMUM OFF-STREET
PARKING REQUIREMENT
MAXIMUM PERCENT
COMPACT SPACES
ALLOWED
1 space per 250 sq. ft. of
FA
40%
1 space per 4 fixed seats
40%
- 63 -
e
USE
Child care, pre-
school, nursery
schools
Private elementary
and junior high
school
Private high schools
Private colleges
Professional business
or trade schools in-
cluding beauty
colleges
e
MINIMUM OFF-STREET
PARKING REQUIREMENT
1 space for each staff member,
1 space for each 5 children
10 spaces plus 1 space per
classroom
20 spaces plus 5 spaces
per classroom
10 spaces plus 30 spaces per
classroom
1 space per 150 sq. ft. of FA
MAXIMUM PERCENT
COMPACT SPACES
ALLOWED
40%
40%
40%
40%
40%
Stadiums
Museums and galleries 1 space per 300 sq. ft. of FA 40%
40%
USE
Convalescent homes
Hospitals and
medical centers
Medical and dental
offices and clinics
1 space per 5 seats
HEALTH SERVICES
(FA = floor area)
MINIMUM OFF-STREET
PARKING REQUIREMENT
1 space per 2 beds
1 space per
3 beds plus 1 space per
150 sq. ft. of FA for out-
patient use (min)
1 space per 250 sq. ft. of
FA
veterinarians, animal 1 space per 250 sq. ft. of
and veterinary FA
hospitals
Emergency medical
centers
1 space per 200 sq. ft. of FA
- 64 -
MAXIMUM PERCENT
COMPACT SPACES
ALLOWED
40%
40%
40%
40%
40%
e
USE
Light and limited
industrial manufac-
turing
Warehousing or
warehousing included
with industrial uses
Mini-Warehousingj
storage
e
INDUSTRIAL SERVICES
(FA = floor area)
MINIMUM OFF-STREET
PARKING REQUIREMENT
MAXIMUM PERCENT
COMPACT SPACES
ALLOWED
1 space per 300 sq. ft. of
FA for manufacturing plus 1
space per 250 sq. ft. of FA
for office use
40%
1 space per 1,000 sq. ft.
40%
1 space per 4,000 sq. ft. of FA 40%
for mini-warehousing/storage
use plus 1 space per 250 sq. ft.
of FA for office use. Loading
zone required.
COMMERCIAL ENTERTAINMENT AND RECREATION
USE
Bowling alleys
Billiard or pool
parlors, roller or
exhibition halls and
assembly halls without
fixed seats, including
assembly areas within
community centers,
private clubs, lodge
halls, and union head-
quarters
Theaters, cinemas
(single and multi-
screen) and other
places of assembly
(FA = floor area)
MINIMUM OFF-STREET
PARKING REQUIREMENT
MAXIMUM PERCENT
COMPACT SPACES
ALLOWED
2 spaces per lane
40%
1 space per 80 sq. ft. of 40%
FA of assembly areaice skating rinks,
1 space per 4 fixed seats or
1 space per 80 sq. ft. of FA
of assembly area, whichever is
greater
40%
- 65 -
e
USE
Tennis, handball,
and racquetball and
other athletic
court facilities
Health clubs and
indoor athletic
facilities and
exercise studios
Dance studios
USE
Places of worship &
other places of
assembly including
mortuaries, banquet
facilities and
convention facilities
Shelters for the
homeless
Hospice facilities
with six persons or
less living on the
premises
SECTION 9.
e
MINIMUM OFF-STREET
PARKING REQUIREMENT
MAXIMUM PERCENT
COMPACT SPACES
ALLOWED
2 spaces per court plus 1 space 40%
per 80 sq. ft. or 1 space per
4 fixed spectator seats,
whichever is greater
1 space per 80 sq. ft. of FA
40%
1 space per 300 sq. ft. of FA
40%
MISCELLANEOUS
(FA = floor area)
MINIMUM OFF-STREET
PARKING REQUIREMENT
MAXIMUM PERCENT
COMPACT SPACES
ALLOWED
1 space per 80 sq. ft. of
FA of assembly area, or
requirement for office
space and school uses as
applicable or 1 space for
each 4 fixed seats, whichever
is greatest.
40%
1 space for every 10 beds,
but in no case less than
2 spaces
40%
2 spaces
40%
Section 9517 is added to the Santa Monica
Municipal Code to read as follows:
within
Section 9517.
posting of Property.
10 days after an application for architectural
- 66 -
e
e
review for a major project has been filed, the
applicant shall post the property in a manner set
forth by the Zoning Administrator. For purposes of
this Section, a major project is defined to include
any project in excess of 15,000 square feet.
SECTION 10. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this 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 11. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The city Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
- 67 -
e
e
SECTION 12. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The city Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
~~
JOS H LAWRENCE
Acting City Attorney
- 68 -
.
e
Adopted and approved this 22nd day of September, 1992.
I hereby certify that the foregoing ordinance No. 1645(CCS)
was duly and regularly introduced at a meeting of the City
Council on the 8th day of september 1992; that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 22nd day of September 1992 by the following Council vote:
Ayes: Councilmembers:
Abdo, Genser, Holbrook, Vazquez,
Noes: Councilmembers:
None
Abstain: Councilmembers:
None
Absent: Councilmembers:
Katz, Olsen, Zane
ATTEST: -
~~Cl(!0~