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O1793 e e CA:f:\atty\muni\laws\mhs\def3 city Council Meeting 4-11-95 Santa Monica, California ORDINANCE NUMBER 1793 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ZONING ORDINANCE SECTION 9.04.02.030 REGARDING DEFINITIONS WHEREAS, the Planning Commission adopted a Resolution of Intention to amend the Definitions and Adjustment section of the Zoning Ordinance; and WHEREAS, the Planning Commission held a public hearing on the proposed amendment and made recommendations to the City council following the hearing; and WHEREAS, the City Council held a public hearing on the proposed amendment; and WHEREAS, the City Council finds and declares that the proposed amendment is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, including several of the objectives listed under Objective 1.1 of the Land Use Element of the General Plan, including protecting the quality of life in all residential neighborhoods, 1 e e promoting affordable housing, and insuring fair treatment of property owners and residents in that the Zoning Ordinance is the primary means of implementing the policies of the General Plan, and to effectively implement General Plan policies, the Zoning Ordinance must be clear, concise, and complete in its expression of the city's land use policies; the proposed change to the Definitions section of the Zoning Ordinance will act to clarify an existing definition; and WHEREAS, the public health, safety, and general welfare require the adoption of the proposed amendment, in that the proposed change to the Definitions section of the Zoning Ordinance will act to enhance understanding of and compliance wi th the development standards of the General Plan as implemented by the zoning Ordinance. NOW, THEREFORE, 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 folloNs: 9.04.02.030. Definitions. The following words or phrases as used in this Chapter shall have the following meanings: 2 e e 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 Livinq Quarters. Living quarters within an accessory building for the sole use of persons employed on the premises or for use by guests of the occupants of the premises. Such quarters shall not have cooking facilities and shall not be rented or used as a separate dwelling. Accessory Use. A use of land or of a building or a portion of the land or building incidental and subordinate to the principal use of the land or building and located on the same lot as the principal use. Act of Nature. A natural occurrence such as an earthquake, flood, tidal wave, hurricane or tornado which causes substantial damage to buildings or property. Affordable Housing Project. Housing in which One Hundred Percent (100%) of the dwelling units are deed-restricted or restricted by an agreement approved by the city for occupancy by low or moderate income households. Such projects may also include non-residential uses, as long as such uses do not exceed Thlrty-Three Percent (33%) of the floor area of the total project. 3 e e 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 ln which original works of art or limited editions of origlnal art are bought, sold, loaned, appraised or exhibited to the general public. Artist studio. A room or structure in which or ig ina 1 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 Fifty Percent (50%) of the square footage of the total studio space. Attic. The area located above the ceiling of the top story and below the roof and not usable as habitable or commercial space. Auditorium. A building or room designed to accommodate groups of people for meetings, performances or events. Automobile Center. A grouping of individual automoblle dealerships offering a variety of automobile makes and models proposed as a single development project. 4 e e Automobile Dealership. Any business establishment which sells or leases new or used automobiles, trucks, vans, trailers, recreational vehlcles, boats or motorcycles or other similar motorized transportation vehicles. An automobile dealership may maintain an inventory of the vehicles for sale or lease either on-site or at a nearby location and may provide on-site facilities for the repair and service of the vehicles sold or leased by the dealership. Automobile 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 (1) month, and which ma1ntains 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. Automobile Repair Facility. Any building, structure, improvements or land used for the repair and maintenance of automobiles, motorcycles and trucks including, but not limited to, body, fender, muffler or upholstery work, oil change and lubrication, painting, tire service and sales, or the installation of CB radios, car alarms, stereo equipment or cellular telephones. 5 tit e 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 structure, improvement or washing motor vehicles. 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 forty-two (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 finished first floor. A basement shall be considered a story if the finished first floor extends more than three (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 sales Facility. See Automobile Facility. Any land principally building, used for 6 e e individuals which does not have more than four (4) guest rooms and one (1) kitchen. Bedroom. A private room planned and intended for sleeping, separated from other rooms by a door and accessible to a bathroom witLout crossing another bedroom. Boarding House. A residential building with common cooking and eating facilities where a room or any portion of a room is rented to a person or persons unrelated to the person renting the room. Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature. Building Bulk. The aggregate of three dimensional forms making up a building. Building 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 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. 7 tit e Buildinq 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. Buildinq, principal. A building in which the principal use of the lot on which it is located is conducted. Buildinq 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 Facility. A facility which provides non-medical care to children under eighteen (18) years of age in need of personal services, supervision or assistance essential for sustaining the acti vi ties of dally living or for the protection of the individual on less than a twenty-four (24) hour basis. Child day care facility includes day care centers and family day care homes. 8 e e Church. See Place of Worship definition. Cinema. A motion picture theater where the primary use is to show motion or video pictures and to which admission is free or a fee is charged, received or collected, elther 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 (2) or more dwelling units. community Care Facility. Any state licensed facility, place, or building which is maintained and operated to provide non-medical residential care, day treatment, adult day care or foster family agency services for children, adults, or children and adults as defined in Article 1 of Chapter 3 of the California Health and Safety Code section 1500 et seq. Conditional Use Permit. A discretionary permit obtained in accordance with Part 9.04.20.12, permitting the establlshment of particular uses in a zoning distrlct. 9 e e Conqreqate Housinq. A mUlti-family residential facility with shared kitchen facilities, deed-restricted or restricted by an agreement approved by the City for occupancy by low or moderate income households, designed for occupancy for periods of six (6) months or longer, providing services which may include meals, housekeeping, and personal care assistance as well as common areas for residents of the facility. CUltural Facilities. Museums, galleries, theaters and the like, which promote educational and aesthetic interest within a community. Day Care Center. Any child day care facility other than a family day care home, and includes infant centers, preschools and extended day care facilities. Domestic Violence Shelter. A residential facility which provides temporary accommodations to persons or families who have been the victims of domestic violence. Such a facility may also provide meals, counseling, and other services, as well as common areas for the residents of the facility. Drive-Throuqh 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 (1) structure on a single lot containing two (2) dwelling units, each of which is functionally separated from the other. 10 e e DWellinq. A structure or portion thereof which is used principally for residential occupancy. Dwellinq, Multi-Family_ A dwelling containing two (2) or more dwelling units. DWellinq, sinqle-FamilY. A building containing one (1) dwelling unit which contains only one (1) kitchen and which is located on a permanent foundation. DWellinq unit. One ( 1) or more rooms, designed, occupied or intended for occupancy as separate living quarters, with full cooking, sleeping and bathroom facilities for the exclusive use of a single household. Dwellinq Unit, Efficiency. A dwelling unit consisting of not more than one (1) habi table room together with kitchen or kitchenette and bathroom facilities. Electric Distribution Substation. An assembly of equipment which could include fuel cells and microwave, cable, radio and/or other communication facilities as part of a system for distribution of electric power where electric energy is normally received at a sub-transmission voltage and transformed to a lower voltage, and/or produced at this lower voltage in case a fuel cell is installed, for distribution to the customer. Facade. The exterior side of a building. Fast-Food or Take-Out Restaurant. A restaurant where customers purchase food at a walk-Up window or counter 11 e e 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 Heiqbt. The vertical distance between the ground and top of a fence measured from the existing grade. The height shall b~ 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 three (3) feet above the average natural grade. Floor Area. The total qross ~orizontal 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: (a) Stairways and stairwells; (b) Elevators, elevator equipment rooms and elevator shafts; (c) Ramps to a subterranean or semi subterranean parking structure or ramps between floors of a parking structure provided the ramp does not accommodate parking; (d) Unenclosed decks, balconies and platforms not used for commercial or restaurant activity; 12 e e (e) Exterior courtyards, arcades, a tr ia , paseos, walkways and corridors whether or not covered by a roof provided they are not used for commercial or restaurant actlvitYi (f) The volume above interior courtyards, atria, paseos, walkways and corridors whether covered or not; (g) Subterranean and semisubterranean parking structures used exclusively for parking and loading and unloading; (h) At-grade parking not covered by abuilding, structure or roof; ( 1) Loading docks open or covered by a roof or canopy, but otherwise unenclosed and used exclusively for loading and unloading; (j) Mechanical equipment rooms, electrical rooms, telephone rooms and similar space if located below grade. Floor area shall include those areas occupied by the following: (a) Restrooms, lounges, lobbies, kitchens, storage areas and interior hallways and corridors; (b) The floor area of lnterior courtyards, atria, paseos, walkways and corr1.dors covered by a roof or skylight; (c) Covered at-grade parking; (d) Above grade parking. 13 e e Floor area devoted to covered at-grade parking shall be counted at two-thirds (2/3) of the actual area if all of the following conditions are met: (a) The floor devoted to parking does not exceed ten (10) feet in height; (b) There is at least one (1) level of subterranean or semisubterranean parking provided on the loti (c) The at-grade and above grade parking levels are screened from view; (d) There is no parking on the ground floor within forty (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 bUlldings on a lot divided by the lot area. Game Arcade. Any place open to the public in which there are four (4) or more games or amusements. These games or amusements include, but are not limited to, electronic, video and pinball machines, whether coin operated or on free play. Garage. An accessory building or portion of a principal building for the parking or temporary storage of automobiles of the occupants or users of the premises. Garage, Subterranean. A structure wholly or partly underground, the ceiling of which is not more than two 14 e e (2) feet above the average natural grade, except for openings for ingress and egress. General Re'tail. Businesses which are engaged in selling goods or merchandise to the general public and which provide services incidental to the sale of such goods. Grade, Averaqe Natural. The average elevation of the ground level of the parcel surface in its natural state as measured at the intersection of the rear and front setback lines (if any) with the side setback lines of the parcel. For parcels with a grade differential of 12.5 feet or more, as measured from either any point on the front setback line to any point on the rear setback line, or from any point on a side setback line to any point on the opposing setback line, Average Natural Grade shall be calculated on three equal segments of the parcel created by drawing imaginary lines connecting opposite parcel lines. For parcels where the primary grade differential is from front to rear, these lines shall be drawn from the intersection of the rear and front setback lines (if any) with the side setback lines at If3 increments of the depth of the parcel from the rear to the front setback (if any). For parcels where the primary grade differential is from side to side, these lines shall be drawn from the intersection of rear and front setback lines (if any) with the side setback lines at 1/3 15 tit e increments of the width of the parcel from side setback llne to side setback line (if any). This height calculation method shall be optional for parcels with less than a 12. 5-foot grade differential. Also see Grade, Theoretical. 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, filling or stockpiling of earth or land. Ground Cover. A low growing woody or herbaceous plant with low, compact growth habits which normally crawls or spreads, and which forms a solid mat or dense cover over the ground within two years of installation. Mature heights of groundcover will usually range from three (3) inches to three (3) feet. Ground Floor. The first level of a bUllding 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 fifty (50) feet of the front of the lot. Habitable Space. Space in a dwelling unit for Ilving, sleeping, eating or cooking. Bathrooms, closets, halls, storage or utility space, and parking areas are not considered habitable space. 16 e e Hardscape. An open area compri~ed of durable non-living materials including, but not limited to rocks, pebbles, sand, wood, mulch, chips, walls, fences, planters, bricks, stone, aggregate, natural forms and water features. Hedge. A barrier of plant material functioning as an enclosure or used for screening. Homeless Shelter. A residential facility, other than a community care facility, operated by a provider which provides temporary accommodations to persons or families with low income. The term "temporary accommodations" means that a 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 IIprovider" shall mean a government agency or private non-profit organization which provides or contracts with recognized communi ty organizations to provide emergency or temporary shelter, and which may also provide meals, counseling and other services, as well as common areas for residents of the facility. Such a facility may have individual rooms, but is not developed with individual dwelling units, with the exception of a manager's unit. Home occupation. A home enterpr ise in a residential dwelling unit incidental and secondary to the use of the dwelling unit and compatible with surrounding residential uses. 17 e e Home Occupation Permit. An administrative permit obtained in accordance with Part 9.04.20.04 to allow a home occupation. Hospice. A facility that provides residential living quarters for up to six (6) 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 thirty (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 li ving 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 services. Any building, room, space or portion thereof where food is sold at retail where less than two hundred fifty (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 wit:1in a building intended to be used for cooking or preparing food. 18 e e 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 seven (7) to twelve (12) children at anyone time, including children under the age of ten (10) years who reside at the home, as defined in state regulations. Light Manufacturing. Manufacturing uses conducted within 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 interior habitable area of an existing principal dwelling unit including basement and shall not include a garage. Li ving Quarters. A structure or portion thereof which is used principally for human habitation. 19 e e 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 does not exceed Sixty Percent (60%) of the median income of the Los Angeles-Long Beach-Anaheim Primary Metropolitan statistical Area (PMSA), as determined periodically by the u.s. De~artment of Housing and Urban Development (HUD) , adjusted for household size. If a provision of the Municipal Code otherwise specifically defines low income household, then that definition governs the application of that section. See Moderate Income Household and Very Low Income Household. Manufactured House. A residential structure built off-site and moved to a designated site for placement on a permanent foundation. Mezzanine. An intermediate level without walls or partitions, placed in any story or room and open to the space below. When the totaJ area of any such mezzanine floor exceeds Thirty-Three and One-Third Percent (33 1/3%) 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 seven (7) feet. No more than one (1) continuous mezzanine may be 20 - e permitted in anyone (1) room. A mezzanine shall be considered a loft. Middle-Income Household. A household whose gross annual income is One Hundred Percent (100%) 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. 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 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. 21 e e Mixed-cse Development. The development of a lot or building with two (2) or more different land uses such as, but not limited to, a combination of residential, off ice, manufacturing, retai l, public or entertainment in a single or physically integrated group of structures. Mobilehome Park. See frailer Park. MOderate-Income Household. A household whose gross annual income does not exceed One Hundred Percent (100%) 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. If a provision of the Municipal Code otherwise specifically defines moderate income household, then that definition governs the application of that Section. See Low Income Household and Very Low Income Household. Motel. An establiohment providing transient accommodations containing six (6) or more rooms with at least Twenty-Five Percent (25%) of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building. Neighborhood Grocery store. Any small market not exceeding Three Thousand (3,000) square feet of floor area selling a full range of food products including meat, dairy, vegetable, fruit, dry goods and beverages. 22 e e 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. Nightclub. 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 the ordinance codified ln this Chapter or any amendment thereto, but which fails to conform to the present requirements of the zoning district. Nursing Home. A facility licensed to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. Off-site Hazardous Waste Facility. An operation involving handling, treatment, storage or disposal of a hazardous waste in one or more of the following situations: (a) The hazardous waste is transported via commercial railroad, a pUblic-owned road or publ~c waters, where adjacent land is not owned by or leased to the producer of the waste. 23 e e (b) The hazardous waste is at a site which is not owned by or leased to the producer of the waste. (c) The hazardous waste is at a site which receives hazardous waste from more than one producer. outdoor storaqe. The keeping, in an unroofed area, of any goods, junk, material, merchandise or vehicles in the same place for more than seventy-two (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. All low wal..l.. or railing not exceeding forty-two (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 (2) or more lots combined to be used, developed, or built upon as a unit as provided for in Section 9.04.06.010. Parcel Area. The total area wi thin the property lines of a parcel, excluding any street or alley right-of-way. Parcel,. Corner. A parcel of land abutting two (2) or more streets at their intersection, or upon two (2) parts 24 e e of the same street forming an interior angle of less than one hundred thirty-five (135) degrees. Parcel Depth. The distance measured from the front parcel line to the rear parcel line as per the legal description of the property. parcel, Flaq. A parcel not fronting on or abutting a public road and where access to the public road is by a narrow right-of-way or driveway. Parcel Frontaqe. The width of the front parcel line measured at the street right-of-way. Parcel, Key. The first interior parcel to the rear of a reversed corner parcel and not separated therefrom by an alley. Parcel Line. A line of record bounding a parcel which divides one (1) 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 irregularly shaped parcels, a line ten (10) feet in length entirely within the parcel, :'5 e e parallel to, and at a maximum distance from the front parcel line. Parcel Line, Side. Any parcel line other than a front or rear parcel line. parcel, Reversed Corner. A corner parcel, the side street line of which is substantially a continuation of the front parcel line of the first parcel to its rear. Parcel, Throuqh. A parcel which fronts on two (2) parallel streets or which fronts upon two (2) 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. Pedestrian Orientation. Design qualities and elements that contribute to an active, inviting street-level environment making the area a pleasant place to walk and shop including, but not limited to: (a) street furniture; (b) Design amenities related to the street level such as awnings, paseos, arcades; (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; 26 e e (e) Continuity of the sid~lalk with a minimum of intrusions into the pedestrian right-of-way; (f ) continuity of building facades along the street with few interruptions in the progression of buildings and stores; (g) Signage oriented and scaled to the pedestrian rather than the motorist; (h) Landscaping. Pedestrian-Oriented Use. A use which is intended to encourage walk-in customers and which generally does not limit the number of customers by requiring appointments or otherwise excluding the gener?l public. A pedestrian oriented use may suggest or require appointments for services when primarily for the convenience of the customer, such as reservations wi th restaurants I beauticians or optometrists to avoid being turned away due to unavailability. penthouse. A structure not exceeding fourteen (14) feet in height located on the roof of a building used for the purpose of sheltering mechanical equipment or vertical shaft openings in the roof. performance Standards Permit. An administrative permit obtained in accordance with Part 9.04.20.08. permitted Use. Any use allowed in a zoning district and sUbject to the restrictions applicable to that zoning district. 27 e e Photocopy Shop. An establishment that reproduces or prints documents. A print shop shall be considered to be the same as a photocopy shop. 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 (7) member body responsible for carrying out functions with respect to planning and zoning as may be prescribed by this Article. Porte Cochere. A footed 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, 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 pr imary or predominant use of any site. Private Club or Lodqe. A building and related facilities owned or operated by a corporation, association or group of individuals established for the 28 - - 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 requirements is payment of a membership or admission fee. private open space. Useable open space, including but not limited to, a deck, yard, patio or combination thereof, which is specifically designed and constructed to be occupied and used by the residents of a dwelling unit and which is adjacent to, accessible from, and at the same or approximate elevation as the primary space of the dwelling unit. Private Tennis Court. A tennis court which is used for noncommercial purposes by the owner of the property or their guests. Public Land. Any government-owned land, including, but not limited to, public parks, beaches, playgrounds, trails, paths, schools, public buildings and other recreational areas or public open spaces. public utility service Center and service Yard. Any building or property used for the administration of public utility repair, maintenance, and installation crews, warehouse, storage yard or maintenance garage including vehicle parking of a public utility. 29 e e aecreational Building. Incidental park structures such as restrooms and maintenance facilities, community rooms, locker rooms and showers servicing persons using the beaches or ocean, playing courts, playgrounds, picnic areas, public swimming pools. Residential Care Facility For The Elderly. A state licensed housing arrangement chosen voluntarily by residents over 60 years of age where varying levels and intensities of care and supervision, protective supervision, personal care, or health related services are provided, based upon residents' varying needs, as determined in order to be admi tted and remain in the facility, as defined in Chapter 3.2 of the California Health and safety Code, Section 1569 et. seq. A Residential Care Facility for the Elderly serving six (6) or fewer persons shall be considered a family dwelling for all zoning purposes. Residential Facility. A community care facility which consists of any family home, group care facility, or similar facility as determined by the Director of the State Department of Social Services, for twenty-four (24) hour non-medical care of persons in need of personal services, supervision or assistance essential for sustaining the acti vi ties of daily living or for the protection of the individual, as defined in Article 1 of Chapter 3 of the California Health and Safety Code, 30 e e section 1500 et seq. A residential care facility serving six (6) or fewer persons shall be considered a family dwelling for all zoning purposes. Residential Use. One (1) o~ more rooms designed, occupied or intended for occupancy as primary living quarters in a building or portion thereof. Restaurant. Any building, room, space or portion thereof where food is sold for consumption on site. A restaurant does not include incidental food service. Rest Home. An extended or intermediate care facility licensed or approved to provide health care under medical supervision for twenty-four (24) or more consecutive hours to two (2) 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 storaqe warehouse (Mini-Warehouse). A warehouse operation where customers rent or lease, and 31 e e have direct access to, individual storage areas, compartments or rooms within a larger structure or structures provided for storage use. Senior citizen. An individual sixty-two (62) years of age or more. Senior Group Housing. A building or buildings, including a single family dwelling, that provides residence for a group of senior citizens with a central kitchen and dining facilities and a separate bedroom or private living quarters. senior Housinq. Multi-family residential housing, other than a Residential Care Facility for the Elderly or Senior Group Housing, developed with individual dwelling units, in which each unit is restricted for occupancy by at least one person in each household who is sixty (60) years of age or older. Without restriction as to age of occupant, units may also be occupied by management or maintenance personnel who are required to live on the premises. 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. 32 e e Shrub. A plant with a compact growth habit and branches coming from the base of the plant. Mature heights of shrubs may vary from one (1) foot to fifteen (15) feet depending on their species and landscape application. sidewalk Cafe. Any oucdoor 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 ad~acent lot. Sinqle Room Occupancy Housinq. MUlti-family residential buildings containing housing units with a minimum floor area of one hundred fifty (150) square feet and a maximum floor area of three hundred seventy-five (375) square feet which may have kitchen and/or bathroom facilities. Each housing unit is restricted to occupancy by no more than two (2) persons and is offered on a monthly rental basis or longer. site. Any plot or lot of land or combination of contiguous lots of land. Skyliqht. That portion of a ~oof which is glazed to admit light, and the mechanical fastening required to hold the glazing, including a curb not exceeding ten (10) inches in height, to provide a weatherproofing barrier. 33 e e Small Family Day Care Home. A home which provides family day care to six (6) or fewer children at anyone time, including children under the age of ten (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. special ty Office. Uses intended to provide a service wi thout requiring an appointment such as travel agencies, real estate offices and insurance agencies. story. That portion of a building included between two (2) consecutive floors of a building. A basement shall not be considered a story if the finished first floor does not exceed three (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 Thirty-Three and One-Third Percent (33 1/3%) of the total floor area of the room(s} onto which it opens. 34 e e 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 9.20 for all subdivision definitions. Substantial Remodel. Romoval of Fifty Percent (50%) or more of the exterior walls or removal of Fifty Percent (50%) or more of supporting members of a structure such as bearing walls, columns, beams or girders. Tandem Parkinq. A group of two (2) or more parking spaces arranged one (1) behind the other where one (1) 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 Part 9.04.20.06. 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. 35 e e Trailer. A vehicle without motor power, designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons or property, including a mObilehome, trailer coach or house trailer. Trailer court or Mobilehome Park. Any area or tract of land used or designed to accommodate one (1) or more trailers in use for human habitation with minimum facilities for water, sewer, electricity and laundry. Transitional Housinq. A multi-family residential facility developed in an individual dwelling unit format that does not restrict occupancy to six (6) months or less and that provides temporary accommodations to low and moderate-income persons and families for periods of up to three (3) years, and which also may provide meals, counseling, and other services, as well as common areas for residents of the facility. Tree. A plant having at least one (1) well-defined stem or trunk and normally attaining a mature height of at least fifteen (15) feet, with an average mature spread of fifteen (15) feet, and having a trunk that shall be kept clear of leaves and branches at least six (6) feet above grade at maturity. Tree, Fifteen (15) Gallon. A fifteen (lS) gallon container tree shall be no less than one (1) inch caliper and at least six (6) feet in height above grade at the time of planting. 36 e e Tree, Twenty-Four (24) Inch Box. A twenty-four (24) inch box tree shall be no less than one and three-quarters (1-3/4) incL caliper and at least seven (7) 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 part 9.04.20.10. very Low Income Household. A household whose gross annual income is between Zero Percent (0%) and Fifty Percent (50%) of the m~dian 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 (HAD), 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. Yard, Front. A space extending the full width of the lot between any building and th 9 front lot line, and measured perpendicular to the building at the closest 37 e e point to the front lot line. The front yard shall be unoccupied and unobstructed from the ground upward except as may per 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. Yard Sale. Any sale held for the purpose of selling, trading or otherwise disposing of unwanted household furnishings, personal goods or other tangible properties under control of the person holding such sale and conducted in a residential district. Yard, side. A space extending the full depth of the 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 extending the full depth of the lot between the principal 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 38 e e 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. 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 effect the provisions of this Ordinance. SECTION 3. 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 this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 3. 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 39 1 e within 15 days after its adoption. effective 30 days from its adoption. APPROVED AS TO FORM: hAJ~~ MARSHA JON~S MOUTRIE city Attor'hey 40 e This Ordinance shall be e e ~4-sL.~ Mayor State of CalIforma ) County of Los Angeles ) ss CIty of Santa MOllica ) I, Clance E Dykhouse, CIty Clerk of the Cny of Santa Moruca, do hereby certify that the foregomg Ordmance No.1793 (CCS) had Its fIrst readmg on March 28, 1995 and had Its second readmg on April 11, 1995 and was passed by the followmg vote Ayes Counc:1lmembers. Genser, Greenberg, Ebner, Rosenstem, Abdo, O'Connor, Holbrook Noes Councilmembers None Abstam CouncIlmembers None Absent CouncIlmembers None ATTEST //L.Lf q~ City Clerk