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CA:f:atty\muni\strpts\mjm\def3
City Council Meeting 4-11-95
Santa Monica, California
APR 1 1 1995
TO: Mayor and city Council
FROM: City Attorney
SUBJECT: ORDINANCE OF OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING ZONING ORDINANCE SECTION 9.04.02.030
REGARDING DEFINITIONS
INTRODUCTION
At its meet~ng on March 28, 1995, the City council introduced for
first readlng an ordinance amending Zoning Ordinance section
9.04.020.030 regarding definitions by revising the definition of
the term Average Natural Grade which appears in the ordinance as
"Grade, Average Natural." The ordinance is now presented to the
city Council for adoption.
RECOMMENDATION
It lS respectfully recommended that the accompanying ordinance be
adopted.
PREPARED BY: Marsha Jones Moutrie, C~ty Attorney
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APR , 1 1995
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CA:f:\atty\muni\laws\mhs\def3
city Councll Meeting 4-11-95
Santa Monica, California
ORDINANCE NUMBER 1793 (CCS)
(City Councll 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 cOmInssion adopted a Resolution of
Intention to amend the Definitions and Adjustment section of the
Zon~ng Ordinance; and
WHEREAS, the Planning Commission held a public hearing on the
proposed amendment and made recommendations to the City Council
fallowlng the hearing; and
WHEREAS, the city Cauncll held a public hearlng on the
proposed amendment; and
WHEREAS, the city Council finds and declares that the proposed
amendment is consistent in prlDciple with the goals, objectives,
policies, land uses, and programs specified in the adopted General
Plan, including several of the objectives listed under Objective
l.1 of the Land Use Element of the General Plan, including
protecting the quality of life in all residential neighborhoods,
1
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, saf ety ( and general welf are
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 with 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. Sect10n 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
Accessory Building. A detached bU1ld1ng WhlCh 1S
located on the same lot as the PrIncipal building and IS
Inc1dental and subordinate to the principal building in
terms of both size and use.
Accessory Living Quarters. LivIng quarters withln an
accessory building for the sole use of persons employed
on the premises or for use by guests of the occupants of
the prem1ses. Such quarters shall not have cooklng
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 bUlldlng lnCldental and
subordlnate to the princlpal use of the land or bUllding
and located on the same lot as the princlpal use.
Act of Nature. A natural occurrence such as an
earthquake, flood, t1dal wave, hurr1cane or tornado which
causes substantial damage to bUlldlngs or property.
Affordable Housing Project. Houslng ln which One
Hundred Percent (100%) of the dwelling units are
deed-restrlcted or restricted by an agreement approved by
the Clty for occupancy by low or moderate lncome
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
Altered Grade. A change in the elevat10n 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 s~de, except for structural supports,
usually covered by a canopy or permanent roofing.
Art Gallery. A room or structure ln which origlnal
works of art or limited editions of orlginal art are
bought, sold, loaned, appra ised or exhibl ted to the
general publ1C.
Artist studio. A room or structure ln Wh1Ch orlginal
works of art are created on-s~te. Liv~ng quarters for
the artist may be permitted provided the area devoted to
Ilvlng quarters does not exceed Fifty Percent (50%) of
the square footage of the total studIO space.
Attic. The area located above the celllng of the
top story and below the roof and not usable as habltable
or commerclal space.
Auditorium. A build1ng or room des1gned to
accommodate groups of people for meetings, performances
or events.
Automobile Center. A grouping of lndi vidual
automobile dealersh1ps offerIng a varIety of automobIle
makes and models proposed as a slngle development
proJect.
4
Automobile Dealership. Any business establlshment
WhlCh sells or leases new or used automoblles, trucks,
vans, trailers, recreational vehicles, boats or
motorcycles or other slmilar motorlzed transportatlon
vehicles. An automobile dealership may malntain an
inventory of the vehicles for sale or lease elther
on-slte or at a nearby location and may provlde on-site
faCllitles for the repair and service of the vehicles
sold or leased by the dealershlp.
Automobile Rental Agency. Any buslness establ1.shment
WhlCh rents or otherwlse provIdes motorlzed
transportation vehlcles on a short-term baSIS tYP1.cally
for perIods of less than one (1) month, and which
maintalns such vehlcles on-slte or at a nearby locatlon.
For the purpose of this Chapter, rental of trucks
exceeding one-ton capaclty or rental of other heavy
equipment shall constitute distlnct uses separate from an
automoblle rental agency.
Automobile Repair Facility. Any buildlng, structure,
improvements or land used for the repair and maintenance
of automobl1es, motorcycles and trucks lncluding, but not
llrn1.ted to, body, fender, muffler or upholstery work, oil
change and lubrlcatlon, palntlng, tire serVlce and sales,
or the lnstallation of CB radlos, car alarms, stereo
equ1.pment or cellular telephones.
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Automobile
Dealership.
Automobile storaqe 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 bU11ding. 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-premisesll
liquor license and restaurants with a liquor serving
facili ty that is phys1cally separate from the dining area
and is regularly operated during hours not corresponding
to food service hours.
Sales
Facility.
See
Automobile
Facility. Any building,
land principally used for
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
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individuals which does not have more than four (4) guest
rooms and one (l) 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, anlmal, 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 prlnclpal and accessory buildings on a lot.
Building Height. The vertical distance measured from
the existing average natural grade to the highest pOlnt
of the roof. However, in connection with development
projects in the Ocean Park Districts, building height
shall mean the vertical distance measured from the
theoret1cal grade to the highest point of the roof.
7
Buildinq Mass. Three d.lmensional forms, the simplest
of ,,,hlCh are cubes, boxes, cyl.lnders f pyramids and cones.
A bU.llding is rarely only one of these simple forms, and
1S generally a composite of these forms.
Building, Principal. A bU.llding ln which the
princ1.pal use of the lot on which it 1.5 located is
conducted.
Building size. The aggregate of building mass and
building bulk perm.ltted on a lot which is def.lned by
helght regulations, setbacks and other property
development standards.
canopy. A roof-like cover that projects from the
wall of a bU.lld1.ng for the purpose of shield1.ng a
doorway, window or wall from the elements.
Change of Use. The establishment of a different use
from the prev1.ous use. A change of ownership for
contlnuation of an existing use does not constitute a
change of use.
Child Day Care Facility. A facility which prov1.des
non-medical care to ch1.1dren under e1.ghteen (18) years of
age in need of personal services, supervision or
aSS.lstance essential for sustainlng the act1.vit.les of
dally livlng or for the protection of the ind.lVldual on
less than a twenty-four (24) hour basis. child day care
faci11ty lncludes day care centers and family day care
homes.
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Church. See Place of worship definition.
Cinema. A motion picture theater where the pr1mary
use is to show motl.on or vIdeo pictures and to Wh1Ch
admission 1S free or a fee is charged, received or
collected, either by the sale of tickets or by any other
means or dev1ce by which money or somethIng of value IS
rece1ved or paid therefor.
Club. A group of people organl.z ed for a common
purpose to pursue common goals, interests or activlties
and usually characterlzed by certaln membership
qualIfications, payment of fees and dues, regular
meetl.ngs and a constl.tution or by-laws.
Common open space. Usable open space Wh1Ch is for
the use of the residents of two (2) or more dwelling
unl.ts.
community Care Facility. Any state llcensed
facIlity, place, or buildIng which lS maintained and
operated to provide non-medIcal res1dential care, day
treatment, adult day care or foster family agency
serV1ces for chl.ldren, adults, or chIldren and adults as
defl.ned l.n Artl.cle 1 of Chapter 3 of the Californ1a
Health and Safety Code Section 1500 et seq.
Conditional Use Permit. A dlscret10nary permIt
obtaIned in accordance wlth Part 9.04.20.12, permlttlng
the establ1shment of partIcular uses 1n a zoning
district.
9
Congregate Housing. A multi-family residential
fac11ity with shared kitchen facilitles, 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 1
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-Through or Drive-In Restaurant. A restaurant
where customers may be served food in their vehicles for
consumption either on or off the site.
Duplex. One (1) structure on a single lot conta1ning
two (2) dwelling units, each of which 1S functionally
separated from the other.
10
Dwelling. A structure or portion thereof which is
used principally for residential occupancy.
Dwellinq, Multi-Family. A dwelling containing two
(2) or more dwelling units.
Dwelling, Single-Family. A building containing one
(1) dwelling unit which contains only one (1) kitchen and
which is located on a permanent foundation.
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.
Dwelling unit, Efficiency. A dwelling unit
consisting of not more than one (1) habitable room
together with kitchen or kitchenette and bathroom
facilities.
Electric Distribution Substation. An assembly of
equipment which could include fuel cells and microwave,
cable, radio and/or other communication facilities as
part of a system for distribution of electric power where
electric energy is normally received at a
sub-transmlssion 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
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 Heiqht. The vertical distance between the
ground and top of a fence measured from the existing
grade. The he1ght 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 ~or~zontal areas of all
floors of a building, inCluding usable basements below
the roof and measured from the 1nterior face of exter10r
walls, or a wall separating two bU1ldings excluding:
(a) stairways and stairwells;
(b) Elevators, elevator equipment rooms and elevator
shafts;
(c) Ramps to a subterranean or semisubterranean
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;
1.2
(e) Exterior courtyards, arcades, atria, paseos,
walkways and corridors whether or not covered by a roof
prov~ded they are not used for commercIal or restaurant
activity;
(f) The volume above ~nterior courtyards, atria,
paseos, walkways and corridors whether covered or not;
(g) Subterranean and semisubterranean parking
structures used exclusively for parking and loading and
unloadlng;
(h) At-grade parklng not covered by a buildlng,
structure or roof;
( i) Loading docks open or covered by a roof or
canopy, but otherW1se unenclosed and used exclusively for
loading and unloading;
(j) Mechan~cal equlpment rooms, electrical rooms,
telephone rooms and Slmllar space If located below grade.
Floor area shall include those areas occupled by the
following:
(a) Restrooms, lounges, lobbles, kltchens, storage
areas and lnterlor hallways and corridors;
(b) The floor area of lnterior courtyards, atrla,
paseos, walkways and corrldors covered by a roof or
skyllght;
(c) Covered at-grade parklng;
(d) Above grade parklng.
13
Floor area devoted to covered at-grade parking shall
be counted at two-thirds (2/3) of the actual area ~f all
of the following conditions are met:
(a) The floor devoted to parklng does not exceed
ten (10) feet in height;
(b) There 1.5 at least one {l} level of subterranean
or semisubterranean parking provided on the lot;
(c) The at-grade and above grade park~ng levels are
screened from view;
(d) There ~s no parking on the ground floor within
forty (40) feet of the front property line;
(e) The des~gn of the parking levels is compatlble
Wl th 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 dlvided by the lot area.
Game Arcade. Any place open to the public ln which
there are four (4) or more games or amusements. These
games or amusements Include, but are not 1 imi ted to,
electronic, video and pinball machines, whether COIn
operated or on free play.
Garage. An accessory bUl1ding or portlon of a
principal building for the parklng or temporary storage
of automobiles of the occupants or users of the premlses.
Garaqe, Subterranean. A structure wholly or partly
underground, the celling of which 15 not more than two
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(2) feet above the average natural grade, except for
openlngs for ingress and egress.
General Retail. Bus1.nesses which are engaged In
selling goods or merchandise to the general public and
which prov1.de serV1.ces incidental to the sale of such
goods.
Grade, Average Natural. The average elevation of the
ground level of the parcel surface 1.n its natural state
as measured at the intersection of the rear and front
setback lines (if any) w1.th the s1.de setback lines of the
parcel. For parcels w1.th a grade d1.fferent1.al of 12.5
feet or more, as measured from either any p01.nt on the
front setback l1.ne to any pOlnt on the rear setback line,
or from any p01.nt on a side setback line to any pOlnt on
the opposing setback line, Average Natural Grade shall be
calculated on three equal segments of the parcel created
by draw1.ng Imag1nary 11nes connect1ng OppOSIte parcel
Ilnes. For parcels where the prlmary grade differentlal
is from front to rear, these lines shall be drawn from
the lntersectlon of the rear and front setback 11.nes (1.f
any) w1.th the s1de setback lines at 1/3 increments of the
depth of the parcel from the rear to the front setback
(1.f any). For parcels where the pr1.mary grade
d1.fferent1.al 1S from s1.de to s1de, these Ilnes shall be
drawn from the intersectlon of rear and front setback
lines (If any) with the side setback Ilnes at 1/3
15
increments of the w~dth of the parcel from side setback
Ilne to side setback line (If any). ThlS helght
calculatlon method shall be optional for parcels with
less than a 12. 5-foot grade differential. Also see
Grade, Theoretical.
Grade, Theoretical. An 1maglnary line from the
mldpoint of the lot on the front property line to the
midpoint of the lot on the rear property line.
Grading. Any stripping, cuttlng, 5011 removal,
filllng or stockpiling of earth or land.
Ground Cover. A low growlng woody or herbaceous
plant with low, compact growth habits wh1.ch normally
crawls or spreads, and which forms a solid mat or dense
cover over the ground wIthin two years of installatlon.
Mature heights of groundcover wlll usually range from
three (3) lnches to three (3) feet.
Ground Floor. The first level of a building other
than a basement.
Ground Floor Street Frontage. The first level of a
building, other than a basement, to a depth of no less
than fifty (50) feet of the front of the lot.
Habitable Space. Space in a dwelling un1t for
living, sleeping, eating or cooking. Bathrooms, closets,
halls, storage or utility space, and parking areas are
not cons1dered habitable space.
16
Hardscape. An open area comprided 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
wlth 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 "provider"
shall mean a government agency or private non-profit
organization which provides or contracts with recognized
community organizatl.ons 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 ~ndividual dwelling units, with
the exceptlon of a manager's unit.
Home Occupation. A home enterprise in a residential
dwelling unit incidental and secondary to the use of the
dwelling unit and compatible with surrounding residential
uses.
17
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 includingl but not limited
tOI an establishment held out to the public as an
apartment hotel, hostel, inn, time share project, tourist
court or other similar use.
Household. Persons Ii 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~lin a building intended
to be used for cooking or preparing food.
18
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,
irrlgation 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 offensi ve by reason of emission of odor,
dust, noxious gas, noise, vibration, glare, heat or other
adverse environmental impacts.
Living Area. The inter lor habitable area of an
existing principal dwelling unit including basement and
shall not include a garage.
Li vinq Quarters. A structure or portion thereof
which is used principally for human habitation.
19
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 I 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
constitute 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
permitted 1n anyone (1) room. A mezzanIne shall be
cons1dered a loft.
Midd1e-Income Household. A household whose gross
annual income 1S One Hundred Percent (100%) of the median
Income of the Los Angeles-Long Beach-Anaheim Primary
Metropolitan statistlcal Area (PMSA), as determined
periodlcally by the U.S. Department of Housing and Urban
Development (HUD) adjusted for household size.
Mini-mart. A small retail store selling commonly
purchased grocerles, fast-foOdS, household goods, and
lmpulse 1tems, and located on the same lot as a serVIce
statlon or operated in conjunct10n with a serVIce statlon
Wlth common parking.
Minor Repair of Vehicles. Transmlsslon, muffler and
radiator work, lubrication, repair of brakes, generators,
water pumps, batteries and other minor components,
replacement of wlper blades, fuses, radlator caps, lamps
and other mlnor accessories, changlng and mountlng of
tlres, wheel allgnment, tune-up, minor electrical repairs
and Slmllar repairs and serVlces. Minor repair of
vehlcles shall not include repaIrs that cause
envlronmental nUlsances inClUding, but not limlted to,
eng1ne and drlve train overhaul, auto dismantllng, body
and fender work, welding, repalr of tops, seat covers and
upholstery, auto glass work, paintlng, rebullding
batterl.es, tlre recappl.ng or retreading and simllar work.
21
Mixed-Use 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,
office, manufacturing, retail, public or entertainment in
a single or physically integrated group of structures.
Hobilebome Park. See rrailer Park.
Moderate-Income Household. A household whose grass
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 establichment providing transient
accommodations containing SlX (6) or mare 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 t3,OOO) square feet of floor
area selling a full range of food products including
meat{ dairy, vegetable, fruit, dry goods and beverages.
22
Net Residential Area. An area of land zoned for
residentlal uses exclUSIve of publl.c streets or land
dedlcated for streets but Including the area to the
center Ilne of a rear alley.
Nightclub. An establishment which prlmarily offers
llve entertainment or danclng and which may serve food or
beverages.
Nonconforming Buildinq or structure, Leqal. A
structure, the size, dimension or locatl.on of which were
lawful prlor to the effectlve date of the ordinance
codlfied ln thls Chapter or any amendment thereto, but
which falls to conform to the present requirements of the
zonlng dlstrict.
Nursing Home. A facllity licensed to provlde
full-time convalescent or chronic care to indlviduals
who, by reason of advanced age, chron1c l.llness or
lnflrmity, are unable to care for themselves.
Off-site Hazardous Waste Facility. An operatlon
l.nvolving handling, treatment, storage or dlsposal of a
hazardous waste in one or more of the followl.ng
sltuations:
(a) The hazardous waste IS transported V1a
commerclal railroad, a public-owned road or publlC
waters, where adJacent land lS not owned by or leased to
the producer of the waste.
23
{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 rece1ves
hazardous waste from more than one producer.
Outdoor storage. The keeping, in an unroofed area,
of any goods, junk, material, merchandise or vehicles in
the same place for more than 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 walJ.. or railing not exceeding
forty-two ( 4 2) inches above the root and along its
perimeter.
Parcel. A portion of land separated from other
portions of land by legal description, as on a
5ubdi vision 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-at-way.
Parcel, Corner. A parcel of land abutting two (2) or
more streets at their intersection, or upon two (2) parts
24
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, Flag. A parcel not fronting on or abutting
a public road and where access to the public road is by
a narrow right-of-way or driveway.
Parcel Frontage. The wldth of the front parcel line
measured at the street right-of-way.
parcel, Key. The first interior parcel to the rear
of a reversed corner parcel and not separated therefrom
by an alley.
Parcel Line. A line of record bounding a parcel
WhlCh divides one (I) 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
parallel to, and at a maximum distance from the front
parcel line.
Parcel Line, Side. Any parcel line other than a
front or rear parcel line.
parcel, Reversed Corner. A corner parcel, the side
street line of which is substantially a continuation of
the front parcel line of the first parcel to its rear.
parcel, Through. A parcel which fronts on two (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
ee} continuity of the sid~/alk with a minimum of
intrusions into the pedestrlan 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 prlmarily for the convenience of the
customer, such as reservations wi th restaurants,
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 adminlstrative
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
distrlct.
27
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 bUlldlng 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.
P1.anninq commission. The seven (7) member body
responsible Tor carrying out Tunctions 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 Lodge. 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
enr1chment of 1ts 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 fac1lity where the principal membership
requirements is payment of a m.embership 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
un1t and Wh1Ch 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,
tra11s, 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 admin1stration of
public utility repair, maintenance, and installation
crews, warehouse, storage yard or maintenance garage
including vehicle parking of a public utility.
29
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, plcnic
areas, public swimming pools.
Residential Care Facility For ~he 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 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 Fac1.lity 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 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,
30
section 1500 et seg. 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.
Sani tarium.. An institution for the treatment of
persons with chronic and usually long-term illnesses.
Secondary Window. window serving a bedroom,
bathroom, kitchen, stairway, corridor or storage area in
a dwelling unit, or a window in a primary space which is
not a primary window.
self-Service storage Warehouse (Mini-warehouse). A
warehouse operation where customers rent or lease, and
31
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 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 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 1nclude those service stations provlding
full-service or self-serVlce stations.
Setback. The distance between the lot line and a
building, not including permitted projections.
32
ShrUb. A plant wi th a compact growth habi t and
branches COIn1ng 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.
Sing-Ie Room Occupancy Housing. MUlti-family
res1dential 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.
Skylight. 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 helght, to provide a weatherproofing barrier.
33
Small Family Day Care Home. A home which provides
family day care to six (6) or fewer children at anyone
time, including ch~ldren 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 oft ice. Uses intended to provide a service
without requiring an appointment such as travel agencies,
real estate offices and insurance agencies.
story. That portion of a building included between
two (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 mezzan~ne 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
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. Rnmoval 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 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.
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 w1th 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
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 Cour~ 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 far water, sewer, electricity and laundry.
Transitional Rousing. 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 prov1de 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 (l5) feet, and havlng 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 (15) gallon
container tree shall be no less than one (1) lnch caliper
and at least six (6) feet in height above grade at the
time of planting.
36
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) inc~ 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 discret10nary 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) I adjusted for household size.
Warehouse. A bui Idlng I group of buildings or a
portion of a building used for the storage of goods and
materials.
Yard. An open space sltuated between lot lines and
not covered by buildings.
Yard, Front.. A space extending the full width of the
lot between any building and th -= front lot line, and
measured perpendicular to the building at the closest
37
point to the front lot 1 ine . 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 dispos ing of unwanted household
furnishings, personal goods or other tangible properties
under control of the person holding such sale and
conducted in a resident~al 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 s1de lot line to the
closest point of the principal building. The street side
38
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 port~ons of this OrdInance. The city Council hereby
declares that ~t would have passed this ordinance, and each and
every section, subsectlon, sentence, clause, or phrase not declared
lnvalid 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 publlshed once in the official newspaper
39
within 1.5 days after its adoption.
effective 30 days from its adoption.
APPROVED AS TO FORM:
hA.I~~
MARSHA JON,lts MOUTRIE
City Attor'hey
40
This Ordinance shall be
..
~~
Mayor
State of CalIforma )
County of Los Angeles ) ss
City of Santa Monica )
I, Clance E Dykhouse. City Clerk of the City of Santa Moruca, do hereby certIfy that the
foregomg OrdInance No 1793 (CCS) had its first readmg on March 28, 1995 and had Its
second reading on Apnl 11. 1995 and was passed by the followmg vote'
Ayes. CouncIlmembers.
Genser, Greenberg, Ebner, Rosenstem. Abelo,
O'Connor, Holbrook
Noes' CouncIlmembers
None
Abstam CouncIlmembers
None
Absent: CouncIlmembers
None
ATTEST
L.e-f ~~
~' I
CIty Clerk