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CA:RMM:Ild0001/wp5.1
city Council Meeting 9-29-92
Santa Monica, California
ORDINANCE NUMBER 1646(CCS)
(city council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING THE SANTA MONICA COMPREHENSIVE
LAND USE AND ZONING ORDINANCE RELATING TO CHILD CARE
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 9.04.02.030 of the Santa Monica Municipal
Code is amended to read as follows:
Section 9.04.02.030. 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 incldental 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 persons employed on the premises
or for use by guests of the occupants of the
premises.
Such quarters shall not have
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cooking facilities and shall not be rented or
used as a separate dwelling.
Accessory Use. A use of land or of a
building or a portion of the land or building
incidental and subordinate to the principal
use of the land or building and located on the
same lot as the principal use.
Act of Nature. A natural occurrence such
as an earthquake, flood, tidal wave, hurricane
or tornado which causes substantial damage to
buildings or property.
Al tered 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 origlnal works of art are created on
site. Living quarters for the artist may be
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permitted provided the area devoted to living
quarters does not exceed 50% of the square
footage of the total studio space.
Attic. The area located above the
ceiling of the top story and below the roof
and not usable as habl. table or commercial
space.
Auditorium. A building or room designed
to accommodate groups of people for meetings,
performances or events.
Automol:dle 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
vehicle.s An automobile dealership may
maintain an inventory of the vehicles for sale
or lease either on-site or at a nearby
location and may provide on-site facilities
for the repair and service of the vehicles
sold or leased by the dealership.
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Automobile Display Lot. Any property
used for the display, lease and sale of new or
used automobiles, light trucks, vans,
trailers, recreational vehicles, motorcycles,
boats or other similar vehicles.
Automobile Repair Facility. Any
building, structure, improvements or land used
for the repair and maintenance of automobiles,
motorcycles, and trucks including but not
limited to body, fender, mufflerl or
upholstery work, oil change and lubrication,
painting, tire serVlce and sales, or the
installation of CB radios, car alarms, stereo
equipment, or cellular telephones.
Automo~ile 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
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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 parcel. However, in
connection with development proj ects in the
Ocean Park Districts, average natural grade
shall have the same meaning as "theoretical
grade,1I or IIgrade, 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 IIpublic
premises" liquor license and restaurants with
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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 finished first floor. A basement
shall be considered a story if the finished
first floor extends more than 3 feet above the
average natural grade.
Bed and Breakfast Facility. A building
or portion of a building used as a temporary
lodging place for individuals which does not
have more than four guest rooms and one
kitchen.
Bedroom. A private room planned and
intended for sleeping f separated from other
rooms by a door and accessible to a bathroom
without cross1ng another bedroom.
Boarding House. A residential bU1lding
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, hous1ng, or enclosure of any
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individual, animal, process, equipment, goods,
or materials of any kind or nature.
Building Bulk. The aggregate of three
dimensional forms making up a building.
Building 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 wi th development
projects 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 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.
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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.
Change of Use. The establishment of a
different use from the previous Use. A change
of ownership for continuation of an existing
use does not constitute a change of use.
Child Day Care Facility. A facility
which provides nonmedical care to children
under 18 years of age in need of personal
services, supervision, or assistance essential
for sustaining the activities of daily living
or for the protection of the individual on
less than a 24 hour basis. Child day care
facility includes day care centers and family
day care homes.
Church. See Place of Worship definition.
cinema. A motion picture theater where
the primary use is to shmv motion or video
pictures and to WhlCh admisslon is free or a
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fee is charged, received or collected, either
by the sale of tickets or by any other means
or device by which money or something of value
is received or paid therefor.
club. A group of people organized for a
common purpose to pursue common goals,
interests or activities and usually
characterized by certain membership
qualifications, payment of fees and dues,
regular meetings, and a constitution or by-
laws.
Common Open space. Usable open space
which is for the use of the residents of two
or more dwelling units.
community Care Facility. Any facility,
place, or building which is maintained and
operated to provide non-medical residential
care, adult day care, or home finding agency
services for children, adults, or children and
adults including but not limited to the
physically handicapped, mentally impaired, or
incompetent persons, and includes the
following:
(1) "Res1dent1al Care Facility"
means any family horne, group care facility for
24-hour non-medical care to persons 18 years
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of age or older in need of personal services,
supervision, or assistance essential for
sustaining the activities of daily living or
for the protection of the individual.
(2) tlAdult Day Care Facility" means
any facility which provides non-medical care
to persons 18 years of age or older in need of
assistance essential for sustaining the
activities of daily lIving or for the
protection of the individual on less than a
24-hour basis.
Conditional Use Permit. A discretionary
permit obtained in accordance with Subchapter
10F, permitting the establishment of
particular uses in a zoning district.
CuI tural Facilities. Museums, galleries,
theaters and the like, which promote
educational and aesthetic interest wi thin a
community.
Day Care Center. Any child day facility
other than a family day care home, and
includes infant centers, preschools, and
extended day care facilities.
Drive-Through or Drive-In Restaurant. A
restaurant where customers may be served food
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in their vehicles for consumption either on or
off the site.
Duplex. One structure on a single lot
containing two dwelling units, each of which
is functionally separated from the other.
Dwelling. A structure or portion thereof
which is used principally for residential
occupancy.
Dwelling, Multi-Family. A dwelling
containing two or more dwelling units.
Dwelling, Single-Family. A building
containing one dwelling unit which contains
only one kitchen and which is located on a
permanent foundation.
Dwelling unit. One or more rooms,
designed, occupied, or intended for occupancy
as separate living quarters, with full
cooking, sleeping, and bathroom facilities for
the exclusive use of a single household.
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 lnclude fuel
cells and microwave, cable, radio and/or other
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communication facilities as part of a system
for distribution of electric power where
electric energy is normally received at a sub-
transmission voltage and transformed to a
lower voltage, and/or produced at this lower
voltage in case a fuel cell is installed, for
distribution to the customer.
Facade. The exterior side of a
building.
Fast-Food or Take-Out Restaurant. A
restaurant where customers purchase food at a
walk-up window or counter and either consume
the food on the premises within a short period
of time or take the food off the premises. A
restaurant shall not be considered a fast-food
or take-out restaurant solely on the basis of
incidental or occasional take-out sales.
Fence. A barrier of any material or
combination of materials functioning as an
enclosure or for screening.
Fence Height. The vertical distance
between the ground and top of a fence measured
from the existing grade. The height shall be
measured in a continuum at each point along
the fence.
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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 bUllding, 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 stalrwells.
(2) Elevator's 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
parklng.
(4) Unenclosed decks, balconies,
and platforms not used for commercial or
restaurant activity.
(5) Exterior courtyards, arcades,
atria, paseos, walkways, and corrldors whether
or not covered by a roof provided they are not
used for commercial or restaurant activity.
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(6) The volume above interior
courtyards, atria, paseos, walkways, and
corridors whether covered or not.
(7}
subterranean
and
semi-
subterranean
exclusively
unloading.
parklng
for parking
structures used
and loading and
(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) Mechanlcal 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.
(4) Above grade parking.
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Floor area devoted to covered
at-grade parking shall be counted at two
thirds of the actual area if all of the
following conditions are met:
(1) The floor devoted to
parking does not exceed 10 feet in height.
(2) There is at least one
level of subterranean or semi-subterranean
parking provided on the lot.
(3) The at-grade and
above grade parking levels are screened from
view.
( 4) There is no parking
on the ground floor wi thin 40 feet of the
front property line.
(5) The design of the
parking levels is compatible with the design
of the building as determined by the
Architectural Review Board.
Floor Area Ratio (FAR). The floor area
of all buildings on a lot divided by the 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,
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video, and pinball machines, whether coin
operated or on free play.
Garage. An accessory bui lding or portion
of a principal building for the parking or
temporary storage of automobiles of the
occupants or users of the premises.
Garage, subterranean. A structure wholly
or partly underground, the ceiling of which is
not more than two feet above the average
natural grade, except for openlngs for ingress
and egress.
General Retail. Businesses which are
engaged in selling goods or merchandise to the
general pUblic and wh1ch 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.
Grading. Any stripping, cutting, soil
removal, fill1ng, or stockpiling of earth or
land.
Ground Cover. A low growing woody or
herbaceous plant wlth low, compact growth
habits which normally crawls or spreads, and
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WhlCh forms a solid mat or dense cover over
the ground within two years of installation.
Mature heights of groundcover will usually
range from three inches to three feet.
Ground Floor. The first level of a
building other than a basement.
Ground Floor street Frontage. The first
level of a building, other than a basement, to
a depth of no less than 50 feet of the front
of the lot.
Habitable Space. Space in a dwelling
unit for livlng, sleeplng, eating, or cooking.
Bathrooms, closets, halls, storage or utility
space, and parking areas are not considered
habitable space.
Hardscape. An open area comprised of
durable non-living materials including, but
not limited to rocks I pebbles[ sand, wood,
mulch, chips, walls, fences, planters, bricks,
stone, aggregate, natural forms [ and water
features.
Hedge.
functioning as an enclosure or
screening.
Home Occupation. A home enterprise in a
residential dwelling unit incidental and
A
barrier
of
plant
material
used for
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secondary to the use of the dwelling unit and
compatible with surrounding residential uses.
Home Occupation Permit. An
administrative permit obtained in accordance
with Subchapter lOB to allow a home
occupation.
Hospice. A facility that provides
residential living quarters for up to six
terminally ill persons. A hospice is a
permitted use in all residential districts.
Hotel. A building, group of buildings,
or a portion of a building which is designed
for or occupied as the temporary lodging place
of individuals for less than 30 consecutive
days including, but not limited to, an
establishment held out to the public as an
apartment hotel, hostel, Inn/ time share
project, tourist court, or other similar use.
Household. Persons lIving together in a
single dwelling unitt 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 wi thin the
dwelling unit.
Incidental Food service. Any building,
room, space, or portion thereof where food is
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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 wi thin 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 12 children
at anyone time, includIng children under the
age of 10 years who reslde at the home, as
defined in state regulations.
Light Manufacturing. Manufacturing uses
conducted wi thin an enclosed building that
include fabricating, assembling, testing,
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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 interior habitable area
of an existing principa 1 d\velling unit
including basement and shall not include a
garage.
Living Quarters. A structure or portion
thereof which is used principally for human
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.
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 perlodically by the
u.S. Department of Housing and Urban
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Development (HUD), adjusted for household
size.
Manufactured
structure built
Housing.
off-site
A residential
and moved to a
designated site for placement on a permanent
foundation.
Mezzanine. An intermediate level without
walls or partitions, placed in any story or
room and open to the space below. When the
total area of any such mezzanine floor exceeds
33 1/3 percent of the total floor area in that
room, it shall constitute an additional story.
The clear height above or below a mezzanine
floor shall not be less than 7 feet. No more
than one continuous mezzanine may be permitted
in anyone room. A mezzanine shall be
considered a loft.
Middle Income Household. A household
whose gross annual 1ncome 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 grocer1es, fast-foods,
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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 park~ng.
Minor Repair of Vehicles. Transmission,
muffler, and radiator work, lubrication,
repair of brakes, generators, \-later pumps,
batteries, and other minor components,
replacement of wiper blades, fuses, radiator
caps, lamps, and other minor accessories,
changing, and mounting of tires, wheel
alignment, tune-up, minor electrical repairs,
and similar repairs and services. Minor
repair of vehicles shall not include repairs
that cause environmental nuisances including
but not limited to engine and drive train
overhaul, auto dismantling, body and fender
work, welding, repair of tops, seat covers,
and upholstery, auto glass \..fork, painting,
rebuilding batteries, tire recapping or
retreading, and simllar 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 comb~nation of residential, office,
manufacturing, retail, public, or
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entertainment in a single or physically
integrated group of structures.
Mobilehome park. See Trailer Park.
Moderate-Income Household. A household
whose gross annual income is between 81% and
120% of the median income of the Los Angeles-
Long Beach-Anaheim Primary Metropolitan
statistical Area (PMSA), as determined
periodically by the u.s. Department of Housing
and Urban Development (HUD), adjusted for
household size.
Motel. An establishment providing
transient accommodations containing six or
more rooms with at least 25% of all rooms
having direct access to the outside without
the necessity of passing through the main
lobby of the building.
Neighborhood Grocery story. Any small
market not exceeding 3,000 square feet of
floor area selling a full range of food
products including meat, dairy, vegetable,
fruit, dry goods, and beverages.
Net Residential Area. An area of land
zoned for residential uses exclusive of public
streets or land dedicated for streets but
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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 la\"ful prior to the
effective date of this Chapter or any
amendment thereto, but which falls to conform
to the present requ~rements of the zoning
district.
Nursing Home. A facility licensed to
provide full-time convalescent or chronic care
to indivlduals 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 the following situatlons:
1. The hazardous waste is
transported via commercial railroad, public
owned road or public vlaters / \"here adJacent
land is not owned by or leased ta, the
producer of the waste.
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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 f 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 deslgnation
specifically delineated on the Districting Map
establishing land use requirements that govern
in addition to the standards set forth in the
underlying residential, coromerclal or
industrial district.
parabolic Antenna. An accessory
structure of any shape t including the main
dish and covering, feedhorn, low noise
amplifier, structural supports and all other
components thereof, which transmi ts and
receives electromagnetic waves by line of
sight.
1. Groundmounted Dish Antenna. A
parabolic antenna, the entire weight of which
is supported by an approved platform,
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framework, pole, or other structural system,
which system is affixed directly on or in the
ground by a foundation and which system is
freestanding, excluding lateral bracing to a
building.
2. Height. The vertical distance
between the highest point of an antenna when
actuated to its most vertical position and
grade below, for a groundmounted dish antenna,
and to the roof below for a roofmounted dish
antenna.
3. Microwave Relay Antenna. A
transmitt~ng and receiving antenna, typically
disc or double convex shaped with no active
element external to the disc, that
communicates by line of sight with another
similar antenna.
4. Reasonable Functional Use. That
positionlng of a parabollc antenna which
permits substantially unobstructed line of
sight with geosynchronous orbiting satellites
from or to which the dlSh antenna recelves or
transmits electromagnetic waves.
5. Roofmounted Dish Antenna. A
parabolic antenna, the entire weight of which
is supported by a buildlng through the use of
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an approved framework or other structural
system, which system is affixed to one or more
structural members of the floor of the
building or to any structural portion of the
building above the roofline.
6. Satellite Earth station Antenna.
An antenna that recelves or transmits
communications by line of sight with a
geosynchronous orbiting satellite.
7. Screening. The effect of
locating a parabolic antenna behind a building
wall, fence, landscaplng, berm, and/or other
specially designed device so that view of the
dish antenna from adJoining and nearby public
street rights-of-way and private properties is
precluded or mlnimized to the extent
reasonable.
8.
TVRO Antenna.
Television
receiving only antenna.
Parapet. A low wall or railing not
exceeding 42 inches above the roof and along
its perlmeter.
Parcel. A portion of land separated from
other portions of land by legal description,
sa on a subdivlsion or record of survey map,
or by metes and bounds. Parcel shall also
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include two or more lots combined to be used,
developed, or built upon as a unit as provided
for in Section 9002.1.
parcel Area. The total area within the
property lines of a parcel, excluding any
street or alley right-Of-way.
Parcel, corner. A parcel of land
abutting two or more streets at their
intersection, or upon two parts of the same
street forming an interior angel 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.
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Parcel Frontage. The wldth of the front
parcel line measured at the street right-of-
way.
Parcel, Key. The first interior parcel
to the rear of a reversed corner parcel and
not separated therefrom by an alley.
Parcel Line. A line of record bounding a
parcel which divides one parcel from another
parcel or from a public or private street or
any other public space.
Parcel Line, Front. The parcel line
separating a parcel from a street right-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 triangular or
otherwise lrregularly shaped parcel, a line
ten feet in length entirely within the parcel,
parallel to, and at a maXlmum distance from
the front parcel line.
Parcel Line, Side. Any parcel line other
than a front or rear parcel line.
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Parcel, Reversed Corner. A corner
parcel, the side street 1 ine 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 horlzontal distance
between the side lines of a parcel measured at
right angels to its depth along a straight
line parallel to the front parcel line at the
street or public right-of-way that is
identified as the parcel's address.
Pedestrian orientation. Deslgn qualities
and elements that contribute to an active,
invitlng street level environment making the
area a pleasant place to walk and shop
including but not llmited to:
(a) street furniture.
(b) Design amenitles related to the
street level such as at..mings,
paseos, arcades.
(c) visibility into buildings at the
street level.
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(d) Highly artlculated facades at the
street level with interesting uses
of material, color, and
architectural deta11ing.
(e) continuity of the sidev-lalk with a
minimum of lntrusions into the
pedestrian right-of-way.
(f) Continuity of bUllding facades along
the street with few interruptions 1n
the progression of buildings and
stores.
(g) signage oriented and scaled to the
pedestrian rather than the motorist.
(h) Landscaping.
pedestrian oriented Use. A use which is
intended to encourage walk-in customers and
which generally does not limit the number of
customers by requiring appointments or
otherw1se excluding the general public. A
pedestrian orlented use may suggest or require
appointments for services when primarily for
the convenlence of the customer, such as
reservations with restaurants, beauticians or
optometrists to avoid being turned away due to
unavailability.
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Penthouse. A structure not exceeding 14
feet in height located on the roof of a
building used for the purpose of sheltering
mechanical equipment or vertlcal shaft
openings in the roof.
performance Standards Permit. An
administrative permit obtained in accordance
with Subchapter 100.
Permitted Use. Any use alloHed In a
zoning district and
restrict10ns applicable
subject
to that
to the
Zoning
district.
Place of Worship. A building or
structure, or groups of buildings or
structures, which by design and construction
are pr1marily 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
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to shelter persons entering and exitlng a
building.
Primary space. Livlng room, dining room,
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 princlpal
membership requirement is payment of a
membership or admission fee.
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Private Tennis Court.
A tennis court
which is Used for non-commercial purposes by
the owner of the property or their guests.
Public Land. Any government owned land,
including but not limited to public parks,
beaches, playgrounds, trails, paths, schools,
pub11C buildings, and other recreational areas
or pUblic open spaces.
Public utility Service Center and Service
Yard. Any building or property used for the
administration of public utility repair,
maintenance, and installation crews,
warehouse, storage yard or maintenance garage
including vehicle parking of a public utility.
Recreational Building. Incidental park
structures such as restrooms and maintenance
faci11tles, co~munlty rooms, locker rooms and
showers servicing persons using the beaches or
ocean, playing courts, playgrounds, picnic
areas, 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
intensi ties of care and supervision or
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personal care, based upon their varying needs,
as determined in order to be admitted and
remain in the facility.
Residential Use. One or more rooms
designed, occupied, or intended for occupancy
as primary living quarters in a building or
portion thereof.
Restaurant. Any building, room, space,
or portion thereof vlhere food is sold for
consumption on site. A restaurant does not
include incidental food service.
Rest Home. An extended or intermediate
care facility licensed or approved to provide
health care under medlcal 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.
bedroom, bathroom,
window
serving a
stairway,
kitchen,
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corrldor, or storage area In a dwelling unit,
or a wlndow ln a primary space which is not a
primary window.
Self-Service
Warehouse). A
customers rent or lease,
storage
warehouse
Warehouse
(Mini-
operation
and have
\-Jhere
direct
access to, individual storage areas,
compartments, or rooms withln 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 res~dence for a group of senior
citizens with a central kitchen and dining
facilities and a separate bedroom or private
living quarters.
service station. Any establishment whose
primary function is the retail sale of
petroleum products and vehlcle accessories
normally associated with thlS use, and shall
include those service stations providlng full-
service or self-service statlons.
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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 1n
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 Adninistrative Code,
Part 1, Chapter F, Subchapter 12, section
7972. The term "temporary accommodations"
means that a homeless person or fam1ly will be
allowed to reside at the shelter for a time
period not to exceed six (6) months. For the
purpose of thls deflnitlon, a "provider" shall
mean a government agency or prIvate non-profIt
organization which provides, or contracts with
recognized community organlzations to provide,
emergency or temporary shel ter for the
homeless, and which meets the standards set
forth in section 9050.14.
Shrub. A plant with a compact growth
habit and branches comIng from the base of the
plant. Mature heights of shrubs may vary from
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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 withln 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, ad 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
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children at anyone time, including children
under the age of 10 years who reside at the
home, as defined in state regulations.
solar Energy system. Any solar collector
or other solar energy device, or any
structural design feature of a building whose
primary purpose is to provide for the
collection, storage, or distribution of solar
energy for space heating or cooling, water
heating, or electricity.
Specialty Office. Uses intended to
provide a service without requirlng an
appointment such as travel agencles, real
estate offices and insurance agencies.
story. That portlon 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.
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structure. Anything constructed or
erected, which requires a fixed location on
the ground, or is attached to a building or
other structure having a fixed location on the
ground.
SUbdivision. See Chapter 3 for all
subdivision definitions.
substantial Remodel. Removal of 50
percent or more of the exterior walls or
removal of 50 percent or more of supporting
members of a structure such as bearing walls,
columns, beams, or girders.
Tandem parking. A group of two or more
parking spaces arranged one behind the other
where one space blocks access to the other
space.
Temporary structure. A structure without
any foundation or footing and which is removed
when the designated time period, activity, or
use for which the temporary structure was
erected has ceased.
Temporary Use Permit. An administrative
permit obtained in accordance with Subchapter
lOCo
Theater.
enterta~nment
Any
hall
where
live
is given or held as the
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principal use, any establlshment containing a
permanent stage upon WhlCh 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 habitatlon or for carrying
persons or property, including a mobilehome,
trailer coach or house trailer.
Trailer Court or Mobilehome Park. Any
area or tract of land used or designed to
accommodate one or more trailers in use for
human habitation with minimum facilities for
water, sewer, electrIcity, and laundry.
Tree. A plant having at least one well
defined stem or trunk and normally attaining a
mature height of at least 15 feet I \ooli th 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.
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24 Inch Box Tree.
A 24 inch box tree
shall e 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 actlvity for whlch
land is zoned or a structure is intended or
used.
Variance. A discretionary permit
obtained 1n accordance with Subchapter IDE.
Very Low Income Household. A household
whose gross annual lncome is between 0% and
50% of the median income of the Los Angeles-
Long Beach-Anaheim Primary Metropolitan
statistlcal Area (PMSA) / as determined
periodically by the U.S. Department of Housing
and Urban Development (HUD), adjusted for
household size.
Warehouse. A building, group of
buildings, or a portion of a building used for
the storage of goods and materials.
Yard. An open space situated between lot
lines and not covered by buildings.
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Yard, Pronto A space extending the full
width of the lot between any building and the
front lot Ilne, 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 dlsposing of
unwanted household furnishings, personal
goods, or other tangible properties under
control of the person holding such sale and
conducted in a residential district.
Yard, Side. A space extendlng 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 unoccupled and unobstructed
from the ground upward except as may be
permitted by this Chapter.
Yard, street Side. A space extending the
full depth of the lot between the principal
building and the slde lot line adjacent to a
public street rlght-of-way measured
perpendicular from the side lot line to the
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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 line 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.
zoning Ordinance. The Comprehensive Land
Use Ordinance of the City of Santa Monica.
SECTION 2. Santa Monica Municipal Code Sect10n 9.04.12.030 is
amended to read as follows:
SECTION 9.04.12.030. Large Family Day
Care Homes. The purpose of these standards
is to ensure that large fam11y day care homes
providing child care in residential districts
do not adversely impact the adjacent
neighborhood. While large family day care
homes are needed by residents in this City,
especially in close proximity to their homes
in residential neighborhoods, the potential
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traffic, noise and safety impacts of this use
should be regulated in the interest of nearby
residents and the children in the day care
facility. It is also the intent of this
Section to allow family day care homes in
residential surroundings to give children a
home environment which 1S conducive to healthy
and safe development. The following
performance standards shall apply to large
family day care homes:
(a) structures. A large family day care
home shall conform to all property development
standards of the zoning district in which it
is located unless otherwise provided 1n this
Section.
(b) Noise. The operation of a large
family day care home shall comply with noise
standards contained in the Santa Monica
Municipal Code, Chapter 3A, Sections 4301-4314
(the "Noise Ordinance").
(c) on-site parking. On-site parking
for large family day care homes shall not be
required except for that required for the
residential buildlng.
(d) Passenger Loading. curbside loading
shall be presumed adequate for drop-off and
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pick-up of chlldren. HOv-lever, where the
Parking and Traffic Engineer, in evaluating a
particular large family day care home,
determines that curbs1de loading is not
adequate, the Parking and Traffic Engineer
shall approve a passenger loading plan.
(e) Lighting. Passenger loading areas
may be illuminated. If a passenger loading
area is illuminated, the lighting shall be
directed away from adjacent properties and of
an intensity compatible w1th the residential
ne1ghborhood.
(f) state and Other Licensing. All
family day care homes shall be state licensed
and shall be operated according to all
applicable state and local regulations.
(g) concentration of Uses. No more than
one large family day care home shall be
permitted within 100 linear feet of the
property line of any existing large family day
care home.
(h) No hearing shall be held on the
application for a permit pursuant to this
section, nor shall the granting of a permit
pursuant to this Section be subject to appeal.
This Section shall supersede any conflicting
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sections, including Section 9112.6 of this
Code. In addition, the finding set forth in
section 9l12. 3 (c) is inapplicable to large
family day care homes.
SECTION 3. Any provision of the Santa Monica Municipal Code
or appendices thereto 1nconsistent 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 4. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconsti tutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of the ordinance. The City council hereby
declares that it would have passed this Ordinance and each and
every section, subsection, sentence, clause or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
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within 15 days after its adoption.
This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
JO~N~
Acting City Attorney
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Adopted and approved this 29th day of September, 1992.
I hereby certify that the foregoing Ordinance No. l646(CCS)
was duly and regularly introduced at a meeting of the City
Council on the 22nd day of September 1992~ that the said
Ordinance was thereafter duly adopted at a meeting of the City
Council on the 29th day of september 1992 by the following
council vote:
Ayes: Councilmembers: Abdo, Genser, Katz, Olsen,
Vazquez, Zane
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: Holbrook
ATTEST:
A,r4~
~ City Clerk r