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SR-8B (9) t;~~ ;.~j a"". '>tJ. 01 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 , .. __ J .JI .=-, . '.... .. APR , 1 1995 .. 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. 5 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 6 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. 8 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 14 (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