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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~