O1826
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city council Meeting 11-7-95
Santa Monica, California
ORDINANCE NUMBER1826 (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;
AND SECTION 9.04.20.34.030 REGARDING ADJUSTMENTS
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
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neighborhoods, 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 changes to the Definitions section of the Zoning
Ordinance will act to clarify existing definitions; add new
definitions of terms used in the Ordinance, and reduce
unnecessary or duplicative language by deleting terms which are
not used in the Ordinance or are defined elsewhere in the
Ordinance; in addition, the proposed amendment to the Adjustment
section of the Zoning Ordinance will promote the retention of
useful building elements, which may, among other effects, reduce
consumption of natural resources and act to reduce development
costs, promoting housing affordability; and
WHEREAS, the public health, safety, and general welfare
require the adoption of the proposed amendment, in that the
proposed changes to the Definitions section of the Zoning Ordinance
will act to enhance understanding of and compliance with the
development standards of the General Plan as implemented by the
Zoning Ordinance; in addition, the proposed amendment to the
Adjustment section of the Zoning Ordinance will, by allowing the
reterttion of viable building elements, reduce consumption of
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natural resources and act to reduce development costs, promoting
housing affordability.
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, and Sections 9.04.02.030.005 to 9.04.02.030.920
are added to the Santa Monica Municipal Code to read as follows:
9.0....02.030 Definit:ions. The following words or
phrases as used in this Chapter shall have the following
meanings:
9.04.02.030.005 Accessory Building. A detached
building located on the same parcel as the principal
building, which is incidental and subordinate to the
principal building in terms of both size and use. A
building will be considered part of the principal
building if located less than six (6) feet from the
principal building or if connected to it by fully
enclosed space.
9.0....02.030.010 Accessory Living Quart:ers. Living
quarters wi thin an accessory building on the same
premises as a single family residence. Such quarters
shall not have a kitchen, shower, or tub and shall not
be rented as a separate dwelling.
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9.04.02.030.015 Accessory Use. Any use of land or
a building or portion thereof which is clearly
incidental to the principal use of the land or building
and located on the same parcel as the principal use.
9.04.02.030.020 Act of Nature. A natural occurrence
such as an earthquake, flood, tidal wave, hurricane or
tornado which causes substantial damage to buildings or
property.
9.04.02.030.025 Affordable Housinq 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
Thirty-Three Percent (33%) of the floor area of the total
project.
9.04.02.030.030 AltereCl GraCie. A change in the
elevation of the ground surface from its natural state
due to grading, excavation or filling.
9.04.02.030.035 Arcade.. A public passageway or
colonnade open along at least one side, except for
structural supports, usually covered by a canopy or
permanent roofing.
9.. 04 .. 02 .. 030.. 040 Art Gallery. A room or structure in
which original works of art or limi ted edi tions of
original art are bought, sold, loaned, appraised, or
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exhibited to the general public.
9.04.02.030.045 Artist studio. A building or
portion of a building used as a place of work by an
artist. This shall not include performance or exhibition
space, unless otherwise permitted. 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.
9.04.02.030.050 Attic. The area located above the
ceiling of the top story and below the roof and not
usable as habitable or commercial space.
9.04.02.030.055 AUditorium. A building or room
designed to accommodate groups of people for meetings,
performances or events.
9.04.02.030.060 Auto.obile Center. A grouping of
individual automobile dealerships offering a variety of
automobile makes and models proposed as a single
development project.
'.04.02.030.065 Automobile Dealership. Any business
establishment which sells or leases new or used
automobiles, trucks, vans, trailers, recreational
vehicles, boats or motorcycles or other similar motorized
transportation vehicles. An automobile dealership may
maintain an inventory of the vehicles for sale or lease
either on-site or at a nearby location and may provide
on-site facilities for the repair and service of the
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vehicles sold or leased by the dealership.
9.04.02.030.070 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 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.
9. 04.02 . 030. 075 Automobile Repair Facility. Any
building, structure, improvements, or land used for the
repair and maintenance of automobiles, motorcycles,
trucks, trailers, or similar vehicles 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 I stereo
equipment, or cellular telephones.
9.04.02.030.080 Auto.obil. servioe 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.
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9.04.02.030.085 Automo~ile storage Lot. Any
property used for short- or long-term parking of vehicles
for sale or lease at an off-site or on-site automobile
dealership.
9.04.02.030.090 Automobile wasbing Facility. Any
building, structure, improvement or land principally used
for washing motor vehicles.
9.04.02.030.095 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.
9.04.02.030.100 Bakery. An establishment which is
primarily engaged in the retail sale of baked products
for consumption off-site. The products may be prepared
either on or off site. Such use may include incidental
food service. A bakery shall be considered a general
retail use.
9.04.02.030.105 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.
9.04.02.030.110 Bar. An establishment with a
"public-premises" liquor license and restaurants with a
liquor service facility that is physically separate from
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the dining area and is regularly operated during hours
not corresponding to food service hours.
9.04.02.030.115 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 or in the Ocean Park Districts, theoretical
grade.
9.04.02.030.120 Bathroom, Full. A room containing
a sink, a toilet, and a shower and/or bathtub.
9.04.02.030.125 Bathroom, Half. A room containing
a toilet and a sink.
9.04.02.030.130 Bay window. An angular or curved
window which proj ects from the building surface. If such
bay or greenhouse window includes floor area, then it
shall count towards parcel coverage.
9.04.02.030.135 Bed and Breakfast Facility. A
building or portion thereof which is used as a
temporary lodging place for individuals generally for
less than thirty (30) consecutive days, and which does
not have more than four ( 4 ) guest rooms and one (1)
kitchen.
9.04.02.030.140 Bedroom. A private room planned and
intended for sleeping, separated from other rooms by a
door and accessible to a bathroom without crossing
another bedroom.
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9.04.02.030.145 Boarding House. A residential
building with common cooking and eating facilities where
a room or any portion of a room is rented for periods of
generally at least thirty (30) days, where meals are
provided, and where there is on-site facility management.
9.04.02.030.150 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.
9.04.02.030.155 Building Height. The vertical
distance measured from the 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.
9.04.02.030.160 Building, principal. A building in
which the principal use of the parcel on which it is
located is conducted.
9.04.02.030.165 Building size. The aggregate of
building mass and building bulk permitted on a parcel
which is defined by height regulations, setbacks, and
other property development standards.
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9a04a02.030.170 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.
9.04.02.030.175 Carport. A permanently roofed
structure providing space for parking or temporary
storage of vehicles and enclosed on not more than three
(3) sides.
9 a 04 . 02 .030.180 Change of Use. The establishment of
any use which differs from the previous use of a building
or place of business including but not limited to having
different impacts, such as having a different parking
requirement or requiring a new planning permit or being
otherwise differently regulated by the zoning ordinance
as compared to the prior use. A change of ownerShip
alone does not constitute a change of use.
9.. 04 . 02 . 030 a 185 Child Day Care pacili ty. A facil i ty
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
activities of daily 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. Also see Day Care Center, Family
Day Care Home, Large and Small.
9..04.02.030.190 Church. See Place of Worship.
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9.04.02.030.195 Cinema. A motion picture theater
where the primary use is to show motion or video pictures
and to which admission is free or a fee is charged,
received or collected, either by the sale of tickets or
by any other means or device by which money or something
of value is received or paid therefor.
9.04.02.030.200 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 pay dues. A private club or lodge does
not include a facility where the principal membership
requirement is payment of a membership or admission fee.
9.04.02.030.205 co__unity 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.
9.04.02.030.210 CODgregate Housing. 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)
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months or longer, providing services which may include
meals, housekeeping, and personal care assistance as well
as common areas for residents of the facility.
9.04.02.030.215 Convalescent Home. See Rest Home.
9.04.02.030.220 Cultural Facilities. Museums,
galleries, theaters and the like, which promote
educational and aesthetic interest within a community.
9.04.02.030.225 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.
9.04.02.030.230 Delicatessen. An establishment
which is engaged in the retail sale of food products for
consumption off-site, including but not limited to
salads, cheeses, cooked meats, smoked fish, and dried and
canned goods. Such use may include incidental food
service.
9.04.02 .030.23 5 Demolition. See Substantial
Remodel.
9.04.02.030.240 DOBlestic 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.
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9.04.02.030.245 Driveway. An access road leading
from a public street or right-of-way to a designated
parking area, or from one parking area to another, but
not including any ramp, aisle, maneuvering area, or
driveway apron.
9.04.02.030.250 Duplex. One (1) structure on a
single parcel containing two (2) dwelling units, each of
which is functionally separated from the other. A duplex
shall be considered a multi-family dwelling.
9. 04 . 02 . 030.255 Dwellinq. A structure or portion
thereof which is used principally for residential
occupancy.
9.04.02.030.260 Dwellinq, Nul ti-Family. A building
containing two (2) or more dwelling units. More than one
dwelling on a parcel shall be considered a mUlti-family
use.
9.04.02.030.265 owellinq, Single-Family. A building
containing one (1) dwelling unit which contains only one (1)
kitchen and which is located on a permanent foundation.
9.04.02.030.270 Dwelling 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.
9.04.02.030.275 Dwelling' unit, Efficiency. A
dwelling unit consisting of not more than one (1)
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habitable room together with kitchen or kitchenette and
bathroom facilities.
9.04.02.030.280 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.
9.04.02.030.285 Pacade. An exterior wall of a
building.
9.04.02.030.290 paaily Day Care Home, Large. A home
which provides family day care for 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.
9.04.02.030.295 Family Day Care Home, small. A home
which provides family day care for 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.
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9.04.02.030.300 Fence.. A barrier of any material or
combination of materials functioning as an enclosure or
for screening.
9. 04. 02 .030.305 Fence Heiqht. 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.
9.04.02.030.310 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, or
in the Ocean Park Districts, theoretical grade.
9.04.02.030.315 Floor Area. The total gross
horizontal areas of all floors of a building, including
usable basements and all areas 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;
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(d) Unenclosed decks, balconies, and platforms
not used for commercial or restaurant activity;
(e) Courtyards, arcades, atria, paseos,
walkways, and corridors open to the outdoors whether or
not covered by a roof provided they are not used for
commercial or restaurant activity;
(f) The volume above interior courtyards,
atria, paseos, walkways, and corridors whether covered or
not;
(g) Subterranean and semi-subterranean parking
structures used exclusively for parking and loading and
unloadingj
(h) At grade parking not covered by a building,
structure, or roof;
(i) 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 interior courtyards,
atria, paseos, walkways, and corridors covered by a
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roof or skylight;
(c) Covered at-grade parking;
(d) Above grade parking.
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 semi-subterranean parking provided on
the parcel;
(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 linej
(e) The design of the parking levels is
compatible with the design of the buildinq as determined
by the Architectural Review Board.
9.04.02.030.320 Floor Area Ratio (FAR). The floor
area of all buildings on a parcel divided by the parcel
area.
9.04.02.030.325 Game Arcade. Any establishment or
portion thereof in which there are four (4) or more
games or amusements. These games or amusements include,
but are not limited to, electronic and video games,
pinball machines, shooting gallery, table games, and
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similar amusement devices whether coin operated or on
free play.
9.04.02.030.330 Garage. An enclosed accessory
building or portion of a principal building designed for
use for the parking or temporary storage of vehicles.
9.04.02.030.335 Garage, Semi-Subterranean. A
structure located partly underground used for parking and
storage of vehicles, where the finished floor of the
first level of the structure not more than three (3) feet
above the average natural grade, or in the Ocean Park
Districts, theoretical grade of the parcel, except for
openings for ingress and egress.
9.04.02.030.340 Garaqe, Subterranean. A structure
entirely underground, except for openings for ingress
and egress.
9.04.02.030.345 General Retail. A business which is
engaged in selling goods or merchandise to the general
public and which may provide services incidental to the
sale of such goods.
9.04.02.030.350 Grade, Average 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
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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 at the
intersection of the rear and front setback lines (if any)
with the side setback lines at 1/3 increments of the
depth of the parcel from the rear to the front setback
(if any). This height calculation method shall be
optional for parcels with less than a 12.5-foot grade
differential. Also see Grade, Theoretical.
9. 04. 02 . 030.355 Grade, Theoretical. An imaginary
line from the midpoint of the parcel on the front
property line to the midpoint of the parcel on the rear
property line, from which height calculations in the
Ocean Park District are measured.
9.04.02.030.360 Grading. Any stripping, cutting,
soil removal, filling, or stockpiling of earth or land.
9.04.02.030.365 Grocery store. Any market or
supermarket selling a full range of food products
including meat, dairy, vegetable, fruit, dry goods and
beverages where the total square footage exceeds 3,000
square feet of floor area.
9.04.02.030.370 Grocery store, Neighborhood. Any
small market selling a full range of food products
including meat, dairy, vegetable, fruit, dry goods, and
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beverages where the total square footage does not exceed
3,000 square feet of floor area.
9.04.02.030.375 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 wi thin two years of
installation. Mature heights of groundcover will usually
range from three (3) inches to three (3) feet.
9.04.02.030.380 Ground Floor. The first level of a
building other than a basement.
9.04.02.030.385 Ground Ploor 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
parcel.
9.04.02.030.390 Bardscape. An open area comprised
of durable non-living materials including, but not
limited to rocks, pebbles, sand, wood, mulch, chips,
walls, fences, planters, bricks, stone, aggregate,
natural forms, and water features.
9.04.02.030.395 Hedge. A barrier of plant material
functioning as an enclosure or used for screening.
9.04.02.030.400 Hoaeless 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 IItemporary
accommodations" means that a person or family will be
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allowed to reside at the shelter for a time period not to
exceed six (6) months. For purpose of this definition, a
uprovideru shall mean a government agency or private
non-profit organization which provides or contracts with
recognized community 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.
9.04.02.030.405 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.
9. 04. 02 . 030.410 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 generally 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.
9.04.02.030.415 Household. Persons living together
in a single dwelling unit, with common access to, and
common use of all living and eating areas and all areas
and facilities for the preparation and storage of food
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within the dwelling unit.
9.04.02.030.420 Incidental Food Services. Any use
of a building, room, or space for the on-site sale and
consumption of food and/or beverages where less than two
hundred fifty (250) square feet (interior and exterior)
is utilized for on-site consumption of any food and/or
beverage, including seating, counter space, or other
eating arrangement, where the number of seats does not
exceed 20 and where order for food or beverages are not
taken from the table. The seating area shall be defined
by fixed barriers, such as full or partial walls,
fencing, or planters. The consumption area cannot exceed
33% of the floor area of a primary permitted on-site use.
9.04.02.030.425 Kitchen. A room or space within a
building used for cooking or preparing food.
9.04.02.030.430 Landscaped Area. The area within
the boundaries of a given parcel which consists of
living plant material including, but not limited to,
trees, shrubs, woody and herbaceous ground covers, grass,
flowers, vines, irrigation systems, and other design
features commonly used in landscaping, but not including
walkways, driveways, patios, and other landscape features
that use smooth concrete or asphalt.
9.04.02.030.435 Liqht Kanufacturinq. Manufacturing
uses conducted within an enclosed building that include
fabricating, assembling, testing, repairing, servicing or
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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.
9.04.02.030.440 Liquor store. An establishment
primarily engaged in the retail sale of packaged
alcoholic beverages, such as ale, beer, wine, and liquor,
for consumption off the premises.
9.04.02.030.445 Living Area. The interior habitable
area of an existing principal dwelling unit including a
basement but not including a garage.
9.04.02.030.450 Livinq Quarters. A structure or
portion thereof which is used principally for human
habitation.
9.04.02.030.455 Loading space. An off-street space
or berth on the same parcel with a building for the
temporary parking of a vehicle while loading or unloading
of goods.
9.04.02.030.460 Loft. A loft is considered a
mezzanine.
9.04.02.030.465 Lot. See parcel.
9.04.02.030.470 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. Department
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of Housing and Urban Development (HOD), adjusted for
household size. If a provision of the Municipal Code
otherwise specif ically def ines low income household, then
that definition governs the application of that section.
See Moderate Income Household and Very Low Income
Household.
9.04.02.030.475 Manufactured House. A residential
structure built off-site and moved to a designated site
for placement on a permanent foundation.
9.04.02.030.480 Medical Use. A business which is
primarily engaged in providing services for health
maintenance, diagnosis or treatment of human disease,
pain, injury, or physical condition, including, but not
limited to, offices of acupuncturists, chiropractors,
dentists, optometrists, physicians, and podiatrists.
9.04.02.030.485 Mezzanine. An intermediate level
without walls or partitions, bathrooms, closets, or
screens, and open to one room below. The clear height
above or below a mezzanine floor shall not be less than
seven (7) feet. No more than one (1) mezzanine may be
permitted in anyone (l) room. When the total floor area
of any such mezzanine exceeds one-third (1/3) of the
total floor area in the room below, it shall constitute
an additional story.
9.04.02.030.490
Middle-Income
household whose
gross
annual
income
Household. A
is one hundred
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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
(RUD), adjusted for household size.
9.04.02.030.495 Hini-mart. A small retail store
selling commonly purchased groceries, fast-foods,
household goods, and impulse items, and located on the
same parcel as a service station or operated in
conjunction with a service station with common parking.
9.04.02.030.500 Mixed-Use Development. The
development of a parcel or building with two (2) or more
different land uses such as, but not limited to, a
combination of residential, office, manufacturing,
retail, public or entertainment in a single or physically
integrated group of structures.
9.04.02.030.505 Mobilehome Park. Any area or
tract of land used or designed to accommodate one (1) or
more trailers or coaches in use for long-term human
habitation with minimum facilities for water, sewer,
electricity, and laundry.
9.04.02.030.510 Koderate-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
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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.
9. 04. 02 . 030.515 Hotel. An establishment 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. Rooms
in such an establishment shall be generally provided for
periods of less than thirty (30) consecutive days.
9.04.02.030.520 Niqht Club. An establishment which
provides music, dancing, or other entertainment, and
which may also serve food or drink, but which does not
otherwise qualify as a IIbar-' or "restaurant."
9.04.02.030.525 Ifonconforminq Buildinq or structure,
Leqal. A structure, the size, dimension, or location of
which were lawful prior to the effective date of the
ordinance cadif ied in this Chapter or any amendment
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thereto, but which fails to conform to the present
requirements of the Zoning Ordinance.
9.04.02.030.530 Nursinq 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.
9.04.02.030.535 Off-site Hazardous Waste pacility.
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 public
waters, where adjacent land is not owned by or leased to
the producer of the waste.
(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.
9.04.02.030.540 Office, Specialty. Uses intended to
provide a service without requiring an appointment such
as travel agencies, real estate offices and insurance
agencies.
9.04.02.030.545 Open Space, Common. Any outdoor
area, not dedicated for public use, which is designed and
intended for the common use and enjoYment of the
residents or occupants of the development.
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9.04.02.030.550 Open Space, Private. Usable 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 resident
of a dwelling unit and which is adjacent to, accessible
from, and at the same or approximate elevation as the
primary space of the dwellinq unit.
9.04.02.030.555 outdoor storage. The keepinq, in an
unroofed area, of any goods, junk, material, merchandise,
or vehicles in the same place for more than seventy-two
(72) hours.
9.04.02.030.560 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.
9.04.02.030.565 parapet. A low wall or railing
extending above the roof and along its perimeter.
9.04.02.030.570 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.
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9.04.02.030.575 Parcel Area. The total area within
the property lines of a parcel, excluding any street or
alley right-of-way.
9.04.02.030.580 parcel, Corner. A parcel of land
abutting two (2) or more streets at their intersection,
or upon two (2) parts of the same street forming an
interior angle of less than one hundred thirty-five (135)
degrees.
9.04.02.030.585 Parcel coverage. The area of a
parcel covered by a building or structure. Parcel
coverage shall include the following: the area of parcel
directly covered by the footprint of all buildings or
structures on the parcel; the area of a parcel directly
below any upper portion of a building or structure that
is cantilevered beyond the edge of the first level of a
building or structure except for permitted projections as
specified in section 9.04.10.02.180; and the area of a
parcel directly below those portions of any balcony,
stairway, porch, platform, or deck that is enclosed on at
least three sides.
9.04.02.030.590 Parcel Depth. The distance measured
from the front parcel line to the rear parcel line as per
the legal description of the property.
9.04.02.030.595 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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9.04.02.030.600 Parcel Frontage. The width of the
front parcel line measured at the street right-of-way.
9.04.02.030.605 parcel, Key. The first interior
parcel to the rear of a reversed corner parcel and not
separated therefrom by an alley.
9.04.02.030.610 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.
9.04.02.030.615 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.
9.04.02.030.620 Parcel Line, Rear. The parcel line
opposite and most distant from the front parcel line; or
in the case of triangular or otherwise irregularly shaped
parcel, a line ten (10) feet in length entirely within
the parcel, parallel to, and at a maximum distance from
the front parcel line.
9.04.02.030.625 Parcel Line, side. Any parcel line
other than a front or rear parcel line.
9.04.02.030.630 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.
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9.04.02.030.635 Parcel, Through. 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.
9.04.02.030.640 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.
9.04.02.030.645 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;
(e) Continuity of the sidewalk with a minimum
of intrusions into the pedestrian right-of-way;
(f) Continuity of building facades along the
street wi th few interruptions in the progression of
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buildings and stores;
(g) Signage oriented and scaled to the
pedestrian rather than the motorist;
(h) Landscaping.
9.04.02 . 030. 650 Pedestrian-oriented Use. A use which
is intended to encourage walk- in customers and which
generally does not limit the number of customers by
requiring appointments or otherwise excluding the general
public. A pedestrian- oriented use may suggest or require
appointments for services when primarily for the
convenience of the customer, such as reservations with
restaurants, beauticians or optometrists to avoid being
turned away due to unavailability.
9.04.02.030.655 permitted Use. Any use allowed in a
Zoning district and subject to the restrictions
applicable to that Zoning district.
9.04.02.030.660 Photocopy Shop. A retail
establishment that reproduces or prints documents. A
print shop shall be considered to be the same as a
photocopy shop.
9.04.02.030.665 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.
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9.04.02.030.670 Porte Cochere. A roofed structure
extending from the entrance of a building over an
adjacent driveway, the purpose of which is to shelter
persons entering and exiting a building.
9.04.02.030.675 primary space. Living room, dining
room, family room, library, or similar such activity room
in a dwelling unit.
9.04.02.030.680 primary Window. A glazed surface
whose area is larger than any other glazed surface in a
room which serves as a primary space.
9.04.02.030.685 principal Use. The primary or
predominant use of any site.
9.04.02.030.690 Private Tennis Court. A tennis court
which is used for noncommercial purposes by the owner(s)
of the property or quests.
9.04.02.030.695 Public Land. Any government-owned
land, including, but not limi ted to, public parks,
beaches, playgrounds, trails, paths, schools, public
buildings, and other recreational areas or public open
spaces.
9.04.02.030.700 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.
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9.04.02.030.705 Recreational Buildinq. 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.
9.04.02.030.710 Residential Care Facili~y For The
Elderly. A state licensed housing arrangement chosen
voluntarily by residents over sixty (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
admitted 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.
9.04.02.030.715 Residential Facili~y. 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 activities 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,
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section 1500 et seq. A residential
(6) or fewer persons shall be
dwelling for all zoning purposes.
9.04.02.030.720 Residential Use. One
facility serving six
considered a family
(1)
or more
rooms designed, occupied or intended for occupancy as
primary living quarters in a building or portion thereof.
9.04.02.030.725 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 .
9.04.02.030.730 Restaurant. Any building, room,
space, or portion thereof where food is sold for
consumption on site, except for uses qualifying as
incidental food service. A restaurant may provide music
or other entertainment if: (1) there is sit down meal
service provided at all times while the entertainment is
taking place; (2) there is no dancing or dance floor; (3)
there is no cover charge or minimum drink purchase
requirement; and (4) the entertainment is provided only
in the dining areas. A restaurant with entertainment
beyond the scope of these limitations during specified
hours on a nightly, weekly, or other regular basis shall
also be considered a nightclub and such entertainment use
shall be prohibited unless a separate conditional use
permit for that nightclub use has been obtained.
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Restaurants legally existing as of the effective
date of this Ordinance which provide entertainment beyond
the scope of the limitations set forth above shall be
able to continue such entertainment as existed on the
effective date of this Ordinance wi thout obtaining a
nightclub conditional use permit, provided that the
provision of live entertainment or dancing is not the
primary use of the establishment, and provided there is
no intensification or expansion of such entertainment
component.
9.04.02.030.735 Restaurant, Fast-FoOd, Take-OUt or
Drive-Throuqh. A restaurant where customers purchase
food and either consume the food on the premises within
a short period of time or take the food off the premises.
Typical characteristics of a fast-food restaurant
include, but are not limited to, the purchase of food at
a walk-up window or counter, paYment for food prior to
consumption, and the packaging of food in disposable
containers. A restaurant shall not be considered a fast-
food or take-out restaurant solely on the basis of
incidental or occasional take-out sales. A restaurant
shall be considered a drive-through or drive-in
restaurant where customers may be served food in their
vehicles for consumption either on or off the site.
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9.04.02.030.740 Roof. That portion of a building or
structure above walls or columns that shelters the floor
area or the structure below.
9.04.02.030.745 Sanitarium. An institution for the
treatment of persons with chronic and usually long-term
illnesses.
9.04.02.030.750 Secondary window. A window serving
a bedroom, bathroom, kitchen, stairway, corridor, or
storage area in a dwelling unit, or a non-primary window
in a primary space.
9.04.02.030.755 Self-service Storage Warehouse
(Mini-warehouse). A structure containing separate
storage spaces, which may be of various sizes, leased or
rented on an individual basis.
9.04.02.030.760 Senior citizen. An individual
sixty-two (62) years of age or older.
9.04.02.030.765 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 dininq facilities and a separate
bedroom or private living quarters.
9.04.02.030.770 Senior Housing. 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
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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.
9.04.02.030.775 Setbaok. The distance between the
parcel line and a building, not including permitted
projections.
9.04.02.030.780 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.
9.04.02.030.785 Sidewalk Cafe. Any outdoor dining
area located in any public sidewalk or right-of-way
which is associated with a restaurant or other eating and
drinking establishment on a contiguous adjacent parcel.
9.04.02.030.790 Single Room Occupancy Housing.
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.
9.04.02.030.795 Site. Any parcel of land or
combination of contiguous parcels of land.
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g. 04 . 02 . 030.800 Skyliqht. That portion of a roof
which is glazed to admit light, and the mechanical
fastening required to hold the glazing, including a curb
not exceeding ten (10) inches in height, to provide a
weatherproofing barrier.
9.04.02.030.805 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.
9.04.02.030.810 story. That portion of a building
included between two (2) consecutive floors of a building
or the portion between a floor and the roof. A basement
shall not be considered a story if the finished first
floor does not exceed three (3) feet above the average
natural or theoretical grade of the parcel. An
unfinished attic shall not be considered a story. See
Mezzanine.
9.04.02.030.815 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.
9.04.02.030.820 Subdivision. See Chapter 9.20 for
all subdivision definitions.
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9.04.02.030.825 suJ:)stantial Reaodel. A substantial
remodel involves the removal, in whole or part, of a
structure. A structure shall be deemed to have been
substantially remodeled or demolished if at least 50% of
exterior walls have been removed or relocated for any
duration of time. A substantially remodeled or
demolished structure shall lose any legal, non-conforming
status which it may have had and may only be replaced or
rebuilt if the entire structure is made to conform to all
current, applicable Zoning Code requirements, including,
but not limited to, setbacks, height, and parking.
In determining whether a project is a substantial
remodel, a wall shall be deemed to be demolished if the
structural supporting members (columns, two-by-fours, or
other such elements) of the wall have been removed or are
no longer attached to the foundation. The roof structure
must also be retained unless the roof line is being
modified or additional floors are being added, in which
case the roof structure may be removed.
Demolition and new construction shall mean the same as
substantial remodel as defined above.
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9.04.02.030.830 Tand.. parking. 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.
9.04.02.030.835 Teaporary 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.
9.04.02.030.840 Theater. Any hall where live
entertainment is given or held as the principal use,
which contains a permanent stage upon which movable
scenery and theatrical appliances are used and where
regular theatrical performances are given.
9.04.02.030.845 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.
9.04.02.030.850 Trailer Court See Mobilehome Park.
9.04.02.030. 855 Transitional Housing. 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.
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9.04.02.030.860 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.
9.04.02.030.865 Tree, Fifteen (15) Gallon A
fifteen (15) 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.
9.04.02.030.870 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) inch caliper and at least
seven (7) feet in height above grade at the time of
planting.
9.04.02.030.875 Use. The purpose or activity for
which land is zoned or a structure is used.
9.04.02.030.880 Very Low Income Household. A
household whose gross annual income is between Zero
Percent (0%) and Fifty Percent (50%) of the median income
of the Los Angeles-Long Beach-Anaheim Primary
Metropolitan statistical Area (PMSA), as determined
periodically by the u.s. Department of Housing and Urban
Development (BUD), adjusted for household size.
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9.04.02 . 030.885 Warehouse. A building, group of
buildings, or a portion of a building used for the
storage of goods and materials.
9.04.02.030.890 Wholesale Trade. An establishment
or place of business primarily engaged in selling and/or
distributing merchandise to retailers; to industrial,
commercial, institutional, or professional business
users, or to other wholesalers; or acting as agents or
brokers and buying merchandise for, or selling
merchandise to, such individuals or companies. This is
not considered a general commercial use.
9.04.02.030.895 Yard. An open space situated between
parcel lines and not covered by buildings.
9.04.02.030.900 Yard, Front. A space extending the
full width of the parcel between any building and the
front parcel line, and measured perpendicularly to the
building at the closest point to the front parcel line.
9.04.02.030.905 Yard, Rear. A space extending the
full width of the parcel between the principal building
and the rear parcel line measured perpendicularly from
the rear parcel line to the closest point of the
principal building.
9.04.02.030.910 Yard, Side. A space extending the
full depth of the parcel between the principal building
and the side parcel line measured perpendicularly from
the side parcel line to the closest point of the
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principal building.
9.04.02.030.915 Yard, street side. A space extending
the full depth of the parcel between the principal
building and the side parcel line adjacent to a public
street right-of-way measured perpendicularly from the
side parcel line to the closest point of the principal
building.
9.04.02.030.920 Yard Sale. Any sale held for the
purpose of selling, trading, or otherwise disposing of
household furnishings, personal goods, or other tangible
properties under control of the person holding such sale
and conducted in a residential district.
SECTION 2. Section 9.04.20.34.030 of the Santa Monica
Municipal Code is amended to read as follows:
9.04.20.34.030 Applicability.
The Zoning Administrator may grant an adjustment
from the requirements of this Chapter to:
(a) Allow modification of parcel coverage
regulations by up to five percent of the total lot area
for additions to existing structures.
(b) Allow modification of the number of required
parking spaces by up to one percent of the number of
required spaces.
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(c) Allow the modification of fence heights by up to
one foot.
(d) Allow the modification of side yard setback
requirements by up to six inches, but in no case
resulting in a setback of less than four feet.
(e) Allow the modification of building heights by up
to six inches on parcels which have a grade differential
of five feet or more, as measured from either any point
on the front parcel line to any point on the rear parcel
line, or from any point on a side parcel line to any
point on the opposing side parcel line.
(f) Allow a garage accessory building to extend up
to the rear property line of the parcel on which it is
located where otherwise prohibited.
(9) Allow a building to retain nonconforming
setbacks when substantially remodelled provided all of
the following criteria are met:
(1) The nonconformity of the setback(s) and
building may not be increased.
(2) At least 35% of the exterior walls of the
building subject to the adjustment shall remain as
defined in Section 9.04.20.030.
(3) There has been no prior addition under
this section.
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SECTION 3. 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 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 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.
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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
within 15 days after its adoption.
This Ordinance shall be
effective 30 days from its adoption.
APPROVED AS TO FORM:
~~
S MOUTRIE
ey
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i%J~
Mayor
State of Cahforrua )
County of Los Angeles) ss
CIty of Santa MOnIca )
I, Mana M Stewart, CIty Clerk of the City of Santa MOllica, do hereby certIfy that the foregomg
Ordmance No 1826 (CCS) had Its first readmg on October 17, 1995 and had Its second readmg
on November 7, 1995 and was passed by the followmg vote
Ayes
CouncIl members
Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor,
Rosenstern
Noes
CouncIl members
None
Abstam
CouncIl members
None
Absent
CouncIl members
None
ATTEST
~~ ~a.d-
CIty Clerk