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SR-6-B (39) ~~- (g-B SEP (.. v 15;2 CA:RMM:lldOOO5fwp5.1 City Council Meeting 9-29-92 Santa Monica, California STAFF REPORT TO: Mayor and City Council FROM: City Attorney J' SUBJECT: Ordinance Amending the Santa Monl.ca Comprehenslve Land Use and zoning Ordinance Relating to Child Care At its meeting on September 22, 1992, the city council introduced for first reading an ordinance amending the Santa Monica Comprehensive Land Use and Zoning Ordinance relating to child care. The ordinance is now being presented to the city council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Joseph Lawrence, Acting City Attorney Laurie Lieberman, Deputy city Attorney 1 ~-B St.? 2 9 \991. .- II . lCA:RMM:lldOOOl/wp5.1 city Councl1 Meetlng 9-29-92 Santa Hon1.ca, California ORDINANCE NUMBER ~646(CCS) (City Councll Ser1.es) -- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE SANTA MONICA COMPREHENSIVE LAND USE AND ZONING ORDINANCE RELATING TO CHILD CARE THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9.04.02.030 of the Santa Monl.ca Munlcipal Code is amended to read as follows: section 9.04.02.030. Definitions. The followlng words or phrases as used in thlS Chapter shall have the follow1ng meanlngs: Accessory Building. A detached bUllding : WhlCh is located on the same lot as the principal building and 1S inCldental and subordinate to the prlncipal bUllding ln terms of both Slze and use. Accessory Living Quarters. Llvlng quarters within an accessory building for the sole use of persons employed on the premlses or for use by guests of the occupants of the premises. Such quarters shall not have . . cooklng fac1.lities and shall not be rented or used as a separate dwell1ng. Accessory Use. A use of land or of a bUlldlng or a port1on of the land or bU1lding inCldental and subordinate to the pr1nc1pal - - use of the land or bU1lding and located on the same lot as the princ1.pal use. Act of Nature. A natural occurrence such as an earthquake, flood, t1dal wave, hurr1.cane or tornado Wh1Ch causes substantial damage to buildings or property. Altered Grade. A change 1n the elevat10n of the ground surface from Its natural state due to grad1ng, excavat10n or f1.l1ing. Arcade. A publ1.c passageway or colonnade open along at least one side, except for structural supports, usually covered by a canopy or permanent rooflng. Art Gallery. A room or structure 1n which origlnal works of art or limlted editions of or.lg1nal art are bought, sold, loaned, appralsed, or eXhlbl.ted to the general public. Artist studio. A room or structure 1n which orlginal works of art are created on site. Living quarters for the artIst may be 2 w- a permltted provided the area devoted to Ilvlng quarters does not exceed 50% of the square footage of the total stud1.o space. Attic. The area located above the ce1.ling of the top story and below the roof -- and not usable as habitable or commerclal space. Auditorium. A building or room designed to accommodate groups of people for neetings, performances or events. Automobile Center. I\ grouplng of 1.ndivldual automob1.1e dealersh1.ps offer1.ng a variety of automob~le iJakes and models proposed as a slngle development proJect. Automobile Dealership_ Any bus1.ness establishment '..rhlCh sells or leases :1ew or used automobl1es, trucks, vans, tral.lers, recreatlonal vehlcles, boats or motorcycles or other simllar motorized transportation vehicle.s An automoblle dealershlp nay malntain an lnventory of the vehlcles for sale or lease either on-slte or at a nearby location and may prov1de on-slte facllities for the repair and serVlce of the vehicles sold or leased by the dealersh1.p. 3 - -- -- /I . AutomolJile Display Lot. Any property used for the dlsplay, lease and sale of new or used automobiles, llght trucks, vans, trailers, recreat~onal veh~cles, motorcycles, boats or other slIDllar veh~c1es. s. Automobile Repair Facility. Any building, structure, l.rnprovements or land used for the repair and malntenance of automobiles, motorcycles, and trucks including but not limited to body, fender, Muffler, or upholstery work, 01.1 change and lubr~cation, palnting, tire serV1.ce and sales, or the ~nstallatl.on of CB radlos, car alarms, stereo equipment, or cellular telephones. Automobile Sales Facility. See Automobile Dealershlp. Automobile storage Lot. Any property used for short or long tern park~ng of vehicles for sale or lease at an automobile dealersh~p. Automobile Washing Facility. Any building, structure, ~mprovement or land principally used for washing motor veh~cles. Automobile Rental Agency. Any buslness establishment ~Nhl.ch rents or otherwise provldes rnotorlzed transportatlon veh~cles on 4 . , , a short-term baSlS tYPlcally for perlods of less than one month, and wh1.ch rna1.nta1ns such . veh1cles on-site or at a nearby locaClon. For the purpose of thls Chapter, rental of trucks exceedlng one ton capacity or rental of other -. heavy equipment shall constltute dlstlnct uses separate from an automob1le rencal agency. Average Natural Grade. The average elevation of the ground level of the parcel surface 1.n its natural state as measured from the corners of the parce 1 . However, 1n connection w1th development projects in the Ocean Park Distrlcts, average natural grade shall have the same meanlng as "theoretical grade, 11 or "grade, theoretlcal.u Awning. A temporary shelter supported entirely from the exterl0r wall of a bUlldlng. Awnings nay be flxed or collapsible, retractable, or capable of belng folded against the face of the supporting bUlldlng. Balcony. A platform that proJects from the wall of a bU1.lding and 1.5 surrounded on the exposed sides by a railing or ',.,rall up to 42 inches l.n helght. Bar. An establishment W1.th a "public premises" 11quor license and restaurants wl.th 5 ,. . a liquor servlng faclllty that lS physlcally separate from the dlnlng area and 1S regularly operated durlng hours not correspondlng to food serV1ce hours. Basement. The port1.on of a structure ~.. below the finished first floor. A basement shall be considered a story if the f1.n1.shed first floor extends more than 3 feet above the average natural grade. Bed and Breakfast Facility. A bU1.1ding or portion of a bU1.1d1ng used as a temporary lodging place for 1.nd1.Vlduals WhlCh does not have more than four guest rooms and one kitchen. Bedroom. A prlvate room planned and intended for sleep1.ng, separated from other rooms by a door and accesslble to a bathroom without crosslng another bedroom. Boarding House. A res1dentlal bU1.1ding wlth common cooking and eat1.ng fac1.1ities where a room or any portlon of a room 1.S rented to a person or persons unrelated to the person renting the room. Building. Any structure hav1.ng a roof supported by columns or walls and 1.ntended for the shelter, hous1.ng, or enclosure of any 6 , . indivldual, anlmal, process, equlpment, goods, or materlals of any klnd or nature. Building Bulk. The aggregate of three dimensional forms maklng up a bU11dlng. Building Coverage. The horlzontal area -. measured within the perimeter of the exterior walls of the ground floor or upper floors that overhang the ground floor of all princlpal and accessory bUl1dings on a lot. Building Height. The vertlcal distance measured from the eXl.st1.ng average natural grade to the hlghest pOlnt of the roof. However, l.n connectlon ~.; i th development projects in the Ocean Park Distrlcts, bUllding height shall mean the vertlcal distance measured from the theoret1.cal grade to the highest pOlnt of the roof. Building Mass. Three dimenslonal forms, the slmplest of \vhlCh are cubes, boxes, cyll.nders, pyramids and cones. A bUllding 15 rarely only one of these sl.nple forms, and is generally a composite of these forms. Buildinq, principal. A bUl1dlng in WhlCh the prlncipal use of the lot on which it l.S located lS conducted. i ~ * . Building Size. The aggregate of bUllding mass and bUlld1.ng bulk permltted on a lot 'which 1S defined by helght regulatl.ons, setbacks, and other property development standards. -- Canopy. A roof-Ilke cover that proJects from the wall of a bUl1d1.ng for the purpose of shielding a doorway, wlndow or '..vall from the elements. Change of Use. The establ1.shment of a different use from the prev1.ous use. A change of ownership for con't.lnuatlon of an eXlstlng use does not canstltute a change af use. Child Day Care Facility. A facility which provides nonmedical care to children under 18 years of age In need of personal services, superV1Slon, or aSslstance essentlal for sllstalnlng the actlvitles of daily Ilving or for the protectlon of the lndlvldual on less than a 24 hour baslS. eh i Id day care facl1ity 1ncludes day care centers and fam1.1y day care homes. Church. See Place of Worship definltlon. cinema. A motion p1cture theater where the primary use 1.5 to show motlon or video plctures and to which admisslon is free or a 8 .. fee is charged, recel.ved or collected, elther by the sale of t1.ckets or by any ether neans or devlce by WhlCh money or 5ometh1.ng of value is recelved or pa1d therefor. Club. A group of people organlzed for a -. common purpose to pursue common goals, interests or activities and usually characterized by certaln membershlp qualificatlons, payment of fees and dues, regular meetings, and a constltution or by- laws. Common Open Space. Usable open space WhlCh is for the use of the resldents of two or more dwelll.ng units. community Care Facility. Any facl1ity, place, or bUllding ~{hlch 15 :"'a1.ntained and operated to provide non-medlcal residentlal care, adult day care, or home fl.nding agency services for chlldren, adults, or chlldren and adults including but not limited to the physically handicapped, mentally lmpaired, or incompetent persons, and 1.ncludes the followlng: (1) "Resldent1al care Fac1lJ.ty" means any faml1y home, group care facJ.lity for 24-hour non-medical care to persons 18 years 9 ------- . , of age or older in need of personal serVlces, supervl.sl.on, or assistance essen"t.lal for sustal.nlng t:he actlV1tles of dally Ilvlng or for the protectlon of the ~nd~vldual. (2) lIAdult Day Care FaCllity" means ...... facility whl.ch provides non-medlcal any care to persons 18 years of age or older In need of assistance essentlal for sustainlng the activities of dally Ilvlng or fer the protection of the 1.ndl.v1.dual on less than a 24-hour basis. Conditional Use permit. A discret10nary permlt obtalned ln accordance with Subchapter 10F, permittlng the establ1.shment of particular uses in a zonlng dl.strlct. cultural Facilities. Museums, galleries, theaters and the like, wh1.ch promote educational and aesthetlc lnterest ,-n th.ln a community. Day Care Center. Any child day facl.lity other than a famlly day care home, and includes lnfant centers, preschools, and extended day care fac.llit.les. Drive-Through or Drive-In Restaurant. A restaurant where customers nay be served food 10 .. . in their vehl.cles for consumption e1.ther on or off the Sl.te. Duplex. One structure on a slngle lot containing two dwelling unlts, each of which lS functlonally separated from the other. ""'~ Dwellinq. A structure or portlon thereof '...;hlCh 1S used prlnc1pally for :::-esldent1.al occupancy. Dwellinq, MUlti-Family. A dwelling contalnlng two or nore dwell1ng unl.ts. Dwellinq, single-Family. A bUl.ldlng contalnlng one dwelling un1t Wh1Ch conta1.ns only one kitchen and Wh1Ch 1S located on a permanent foundatlon. Dwellinq Unit. One or more rooms, des1gned, occupled, or ~ntended fer occupancy as separate l1.Vlng quarters, 'Ill th full cooklng, sleeplng, and bathroom fac1.11tles for the exclUSlve use of a single household. Dwellinq Unit, Efficiency. A dwell1.ng unit consistlng of not more than one habitable room together W1.th kitchen or kltchenette and bathroom faCllities. Electric Distribution Substation. An assembly of equ1.prnent wh1.ch could include fuel cells and microwave, cable, radl.o and/or other 11 . , communication facilities as part. of a system for dlstr~bution of electr1.c power ,;..here electric energy is normally rece1.ved at a sub- transml.ss~on voltage and transformed to a lower voltage, and/or produced at this lower Z' voltage in case a fuel cell is lnstalled, for distrlbution to the custo~er. Facade. The exterl.or 51.de of a building. Fast-Food or Take-Out Restaurant. A restaurant where customers purchase food at a walk-up w1.ndow or counter and e1.ther consume the food on the premlses w~th1.n a short perlod of tlme or take the food off the premlses. .r... restaurant shall not be consldered a fast-food or take-out restaurant solely on the bas~s of incldental or occaslonal take-ou~ sales. Fence. A barrler of any :-taterlal or combination of rnaterl.als funct1.0nlng as an enclosure or for screenlng. Fence Height. The vertical dlstance between the ground and top of a fence ~easured from the existl.ng grade. The helght shall be measured 1n a continuum at each point along the fence. 12 < Finished First Floor. The top of the first floor of a structure T,;h1Ch does no"t: extend more than 3 feet above the average natural grade. Floor Area. The total gross horlzontal $~ of all floors of bUlldlng, including areas a usable basements below the roof and Ileasured from the interior face of exterlor walls, or a wall separating two bu~ldings excluding: (1 ) Stairways and sta1rwells. (2 ) Elevator's elevator equlpment rooms, and elevator shafts. (3 ) Ramps to a subterranean or seID1.-subterranean parkl.ng structure or ramps between floors of a parking structure provlding the ramp does "lot accommoda"t:e parking. ( 4 ) Unenclosed decks, balconles, and platforms not used for commerclal or restaurant activity. (5) Exterior courtyards, arcades, atrla, paseos, walkways, and corr1.dors wnether or not covered by a roof provlded they are not used for commerc~al or restaurant act1V1.ty. 13 . (6) The volume above lnter~or courtyards, atrla, paseos, ,'lalkways, and corridors whether covered or not. (7 ) Subterranean and sernl- subterranean park1.ng structures used -. exclusively for parklng and load1.ng and unloading. (8 ) At grade parklng not covered by a buildlng, structure, or roof. (9 ) Loadlng docks open or covered by a roof or canopy, but otherwlse unenclosed and used excluslvely for loadlng and unloading. (10) Mechanlcal equlpment roons, electrical rooms, telephone rooms, and sl.Inl.lar space if located below grade. Floor area shall lnclude those areas occupled by the followl.ng: ( 1) RestrooIns, lounges, lobbies, kitchens, storage areas, and interior hallways and corrldors. (2) The floor area of interl.or courtyards, atria, paseos, Twalkways, and corridors covered by a roof or skyllght. (3 ) Covered at-grade parking. (4) Above grade parking. 14 . - ATTACHMENT D - 30 - - -- ~ ---- ~ -~....---- - -- -- -- --- --- --- - -- --~- -+------ - ------~ - -- ---- , . video, and p~nball mach~nes, ~.;hether co~n operated or on free play. Garage. An accessory bUlldl.ng or portion of a principal bu~lding for the parking or temporary storage of automobiles of the .I.- occupants or users of the prem~ses. Garage, Subterranean. A structure wholly or partly underground, the ceillng of which lS not more than two feet above the average natural grade, except for openlngs for 1.ngress and egress. General Retail. BUSInesses WhlCh are engaged in sell1.ng goods or merchandlse to the general publIC and ',..;h ich prov1.des serVl.ces inCIdental to the sale of such goods. Grade, Theoretical. An ::..maglnary lIne from the mldpoint of the lot on the front property line to the ~Idpoint of the lot on the rear property Ilne. Grading. Any stripPl.ng, cuttl.ng, 5011 removal, fillIng, or stockplllng of earth or land. Ground Cover. A low growing woody or herbaceous plant wIth low, compact growth habits which normally crawls or spreads, and 16 -------- . which forms a solJ..d mat or dense cover over the ground withln two years of lnstallatl.on. Mature helghts of groundcover ',nIl usually range from three inches to three feet. Ground Floor. The first level of a ....... buildl.ng other than a basement. Ground Floor street Frontage. The f1rst level of a building, other than a basement, to a depth of no less than 50 feet of the front of the lot. Habitable space. Space lTI a dwelling unlt for 11vlng, sleeplng, eating, or cooking. Bathrooms, closets, halls, storage or utJ..llty space, and parking areas are not considered habitable space. Hardscape. An open area comprlsed of durable non-livlng naterlals lncluding, but not limited to rocks, pebbles, sand, ',.,rood, mulch, chips, walls, fences, planters, bricks, stone, aggregate, natural forms, and water features. Hedge. A barrier of plant materlal functioning as an enclosure or used for screening. Home occupation. A home enterprl.se in a resldential dwelling unlt incldental and 17 . [ secondary to the use of the dwell1ng un1t and compatible Wl.th surround1ng res1.dent1.al uses. Home occupation Permit. An adminlstratlve permlt obta1ned 1n accordance wlth Subchapter lOB to allow a home -- occupation. Hospice. .:\ facll1ty that provldes residential livlng quarters for up to Sl.X terminally ill persons. A hosplce 1S a permitted use 1n all reslden~lal d1strlc~s. Hotel. A bU1ld1ng, group of bU11dings, or a portion of a bUlldlng whl.ch 1.S designed for or occupled as the temporary lodgl.ng place of individuals for less than 30 consecutlve days includl.ng, but not limited to, an establishment held out to the publlC as an apartment hotel, hostel, 1.nn, \:lme share proJect, tour1st court, or other Slm11ar use. Household. Persons livl.ng together 1n a single dwelling un1.t, wlth common access to, and common use of all 11ving and eat1ng areas and all areas and facl.l1.tles for the preparation and storage of food with.1n the dwelling unlt. Incidental Food service. Any bU11ding, room, space, or portion thereof where food 1S 18 . . sold at reta~l where less than 250 square feet (interlor and exter~or) 15 utl11zed for an- site consumptlon of any food or beverage, lncludlng seat1.ng, counter space or other eatlng arrangement. - - Kitchen. A room space r"nthln a or bUl1ding intended to be used for cooklng or preparing food. Landscaped Area. The area '.n th1.n the boundarles of a g1.ven lot ':lh 1. ch conS1.sts of living plant naterlal 1.nclud1.ng, but not limlted to, trees, shrubs, 'Noody and herbaceous ground covers, grass, flowers, vines, l.rrlgatlon systems, and other design features commonly used 1n landscaplng, but not including walkways, drl.veways, pa1:10S, and other landscape features that use smooth concrete or asphalt. Large Family Day Care Home. A home which provides family day care to 7 to 12 ch~ldren at anyone time, l.nclud1.ng chlldren under the age of 10 years \-vho reside at the horne, as defined l.n State regulatlons. Light Manufacturing. Manufactur1ng uses conducted wlthin an enclosed bUlldl.ng that include fabrlcating, assembllng, testlng, 19 . , repa1r1ng, 5ervIc1ng or process1.ng products where the nature of the operat1.on 15 not obnoxious or offensive by reason of em1SS1on of odor, dust, nOXlOUS gas, n01.se, Vl.bratlon, glare, heat or other adverse env1.ronmental -. impacts. Living Area. The lnterlor habltable area of an existing principal dwelling unlt including basement and shall not include a garage. Living Quarters. A structure or port1on thereof which l5 used prInCIpally for human habitatIon. Loading Space. An off-street space or berth on the same lot wlth a bUIldIng for the temporary parking of a veh1cle whlle load1ng or unloadlng of goods. Loft. See Mezzanine. Lot. A lot. Low Income Household. A household whose gross annual lncome 15 between 51% and 80% of the median lncome of the Los Angeles-Long Beach-Anaheim PrImary MetropolItan Stat1stlcal Area (PMSA) , as determined per10dically by the u.s. Department of Housing and Urban 20 . , Development ( HUD) , adjus-ced for household S1ze. Manufactured Housing. A reS1.dent1al structure built off-s1.te and moved to a designated site for placement on a perITlanent -. foundation. Mezzanine. An intermedlate level w1thout walls or partJ.tions, placed in any story or room and open to the space below. Hhen the total area of any such mezzanlne floor exceeds 33 1/3 percent of the total floor area 1n that room, lt shall constltute an addit1.onal story. The clear height above or below a mezzanine floor shall not be less than 7 feet. No more than one continuous rnezzanlne may be permltted in any one room. A ~.ez zan1.ne shall be cons1dered a loft. Middle Income Household. A household whose gross annual income l.S 100% of the median income of the Las Angeles-Long Beach- AnaheJ.m Metropolitan Stat1.st1cal Area (PSMA) , as determined per1od1.cally by the u.s. Department of Houslng and Urban Development (HUD) adJusted for household size. Mini-Mart. A small retail store selling commonly purchased grocer1.es, fast-foods, 21 . household goods, and lmpulse ltems, and located on the same lot as a serVlce stat10n or operated ln con]Unctlon with a serVlce station with common parklng. Minor Repair of Vehicles. TranSml.SS10n, -- muffler, and radiator '~lork , lubrlcation, repair of brakes, generators, '~la ter pumps, batteries, and other minor components, replacement of wiper blades, fuses, radlator caps, lamps, and other mlnor accessorles, chang1ng, and mount1.ng of tires, wheel alignment, tune-up, ~1.nor electr1.cal repalrs, and slmilar repalrs and services. Minor repair of vehicles shall not lnclude repa~rs that cause environmental nUlsances lnclud~ng but not lim1.ted to eng1.ne and drlve ':.ral.n overhaul, auto disrnantllng, body and fender work, welding, repalr of tops, seat covers, and upholstery, auto glass "'lork, pal.ntlng, rebuilding batteries, tlre recapplng or retreading, and siml.lar work. Mixed Use Development. The development of a lot or bUl1ding with two or more different land uses such as, but not llmited to a combination of residential, office, manufacturing, retall, publ1.c, or 22 . [ entertalnment ~n a sl.ngle or phys~cally lntegrated group of structures. Mobilehome Park. See Trailer Park. Moderate-Income Household. A household whose gross annual income is between 81% and -. 120% of the median income of the Los Angeles- Long Beach-Anahelm Prl.nary Hetropolitan statistical Area (PMSA) , as determlned periodically by the U.S. Department of Housl.ng and Urban Development (HUD) . adJusted for household Sloze. Motel. An establlshrnent provl.d1.ng transient accommodatloons containlng SlX or more rooms with at least 25% of all rooms having direct access to the outs lode T.vlthout the necessity of pass1.ng through 'Che :nal.n lobby of the bUllding. Neighborhood Grocery story. Any small market not exceeding 3,000 square feet of floor area selling a full range of food products including neat, da1.ry, vegetable, frult, dry goods, and beverages. Net Residential Area. An area of land zoned for residential uses excluslve of public streets or land dedicated for streets but 23 ~ . including the area to the center llne of a rear alley. Night Club. An establ1.shment WhlCh primar~ly offers llve enterta~nment or danc~ng and which may serve food or beverages. -. Nonconforming Building or structure, Legal. A. structure, the Sl.ze, dimension, or location of which were lawful prl.or to the effectlve date of thJ.s Chapter or any amendment thereto, but WhlCh falls to conform to the present requl.rements of the zon1.ng distr~ct. Nursing Home. A facJ.llty lJ.censed to provlde full-tlrne convalescent or chronlc care to indivl.duals who, by reason of advanced age, chronic J.llness, or lnfirm1.ty are unable to care for themselves. Off-site Hazardous Waste Facility. An operation 1.nvolvl.ng handll.ng, treatment, storage, or disposal of a hazardous waste in one or more of the following Sl.tuatlons: 1. The hazardous waste 1.S transported Vla commerclal ral1road, public owned road or public T.va ters , where adjacent land is not owned by or leased to, the producer of the waste. 24 . 2. The hazardous waste 1S at a site which 1.S not owned by or leased to, the producer of the waste. 3 . ~he hazardous waste 1S at a s~te which recelves hazardous waste from more than -. one producer. Outdoor storage. The keep~ng, ln an unroofed area, of any goods, junk, rnaterlal, merchandise, or vehicles In the same place for more than 72 hours. Overlay District. A zonlng deslgnatl.On speclfically delineated on the Distrlct~ng Map establlshing land use requirements that govern ln addit~on to the standards set forth In the underlying reS1.dentlal, comrnerclal or industrlal dlstrlct. Parabolic Antenna. An accessory structure of any shape, includlng the main dish and covering, feedhorn, low nOlse amplifier, structural supports and all other components thereof, WhlCh transm1.ts and receives electromagnetic waves by line of sight. 1. Groundmounted Dish Antenna. A parabollc antenna, the ent1.re weight of whl.ch is supported by an approved platform, 25 -- - ----- - . . framework, pole, or other structural system, which system lS affixed d1rectly on or 1.n the ground by a foundat10n and ,<lhlCh system 1.S freestand~ng, excluding lateral bracing to a bu~ldlng. -- 2. Height. The vertical distance between the hl.ghest p01.nt of an antenna when actuated to its most vert1.cal pOSl.tlon and grade below, for a groundrnounted dish antenna, and to the roof below for a roofnount:.ed dish antenna. 3. Microwave Relay Antenna. A transmitt1ng and recel.v1.ng antenna, typlcally disc or double convex shaped wlth no act1.ve element external to the dlSC, that communicates by 11ne of slght 'Ill th another sim11ar antenna. 4. Reasonable Functional Use. That positioning of a parabol1.c antenna which permits substantially unobstructed line of sight with geosynchronous orbiting satellltes from or to whl.ch the dish antenna receives or transmits electromagnetic waves. s. Roofmounted Dish Antenna. A parabolic antenna, the entlre weight of which is supported by a buildlng through the use of 26 . an approved framework or other structural system, which system 1.5 aff~xed to one or ~ore structural members of the floor of the bU1.1dlng or to any structural portl.on of the bUllding above the roofllne. -- 6. Satellite Earth station Antenna. An antenna that rece1ves or transmits communications by 11ne of slght ,oj 1 th a geosynchronous orbiting satellite. 7. screening. The effect of locating a parabol1.c antenna behlnd a bUlldlng wall, fence, landscap1.ng, berr.t, and/or other specially designed deVlce so that Vlew of the dish antenna from ad]ol.nl.ng and nearby public street rights-of-way and private propert1.es 1S precluded or runl:n1zed to the ext:ent: reasonable. 8. TVRO Antenna. Televls10n rece1ving only antenna. Parapet. A low wall or ra1.l1ng not exceeding 42 inches above the roof and along its perlmeter. Parcel. A portlon of land separated from other portions of land by legal descriptlon, sa on a subdlvlslon or record of survey map, or by metes and bounds. Parcel shall also 27 -- - ~-- -- - -- - - - -- . include two or nore lots comblned to be used, developed, or bUl1t upon as a unlt as provl.ded for in Sectlon 9002.1. Parcel Area. The total area wlthln the property lines of a parcel, excludlng any - . street or alley rlght-of-way. parcel, Corner. A parcel of land abutting two or ::lore streets at their l.ntersection, or upon t,,.;o parts of the same street form1.ng an lnterlor angel of less than 135 degrees. Parcel Coverage. That portlon of the parcel that is covered by bUl1dings and structures. Parcel coverage shall lnclude that area of the parcel directly below any upper level of a bUllding or structure that 15 cantllevered beyond the edge of the first level of the bU1.1ding or 5~ructure. Parcel Depth. The d1.stance Measured from the front parcel line to the rear parcel llne as per the legal description of the property. Parcel, Flag. A parcel not frontl.ng on or abutting a public road and where access to the public road 1.S by a narrow, rl.ght-of-way or driveway. 28 . , Parcel Frontage. The w1.dth of the front parcel line measured at the street r~ght-of- way. Parcel, Key,; The flrst lnter~or 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 div:ldes one parcel from another parcel or from a public or private street or any other publlC space. Parcel Line, Front. The parcel 11ne separating a parcel from a street r1.ght-of- way. In the case of a corner parcel, the line separating the narrowest street frontage of the parcel from the street shall be cons1.dered the front. Parcel Line, Rear. I'he parcel llne opposite and r:1ost dlstant from the front parcel llne: or ln the case of tr1.angular or otherwise irregularly shaped parcel, a line ten feet in length entirely wl.th1.n the parcel, parallel to, and at a maXlmum d1.stance from the front parcel llne. Parcel Line, Side. Any parcel l1ne other than a front or rear parcel line. 29 - - -- - - -- . ( Parcel, Reversed Corner. A corner parcel, the slde street Ilne of ,-lhlCh 15 substantlally a cont1nuatlon of the front parcel llne of the f1.rst parcel to ltS rear. Parcel, Through. A parcel ~vhlCh fronts -. on two parallel street:s or ".vhich fronts upon two streets WhlCh do not lntersect at the boundaries of the parcel. Parcel width. The horizontal distance between the slde Ilnes of a parcel measured at right angels ~o lts depth along a straight line parallel to the front parcel Ilne at the street or publlC r1ght-of-way that 15 ldentified as the parcel's address. Pedestrian orientation. Deslgn quall.tles and elements that contrl.bute to an actlve, inviting street level environment rnaklng the area a pleasant place to Halk and shop including but not llInlted to: (a) Street furnlture. (b) Design amen1.ties related to the street level such as awnl.ngs, paseos, arcades. ( c) ViSlbility lnto bUlldlngs at ~. street level. 30 --- - - . t (d) Highly articulated facades at the street level 'tilth lnterestlng uses of materJ.al, color, and archltectural detalllng. ( e) continul.ty of the sidewalk wlth a -, minlmum of lntruslons lnto the pedestrian r1ght-of-way. (f) continulty of building facades along the street wlth few interruptlons In the progresslon of bUlldlngs and stores. (g) signage orlented and scaled to the pedestrian rather than the motorlst. (h) Landscaping. pedestrian Oriented Use. A use wh1.ch l.S intended to encourage ',/a lk-1.n customers and which generally does not ll.m.lt the number of customers by requlrlng appointments or otherwise excludlng the general publlC. A pedestrian oriented use may suggest or requ1.re appointments for serV1.ces when prlmarily for the convenience of the customer, such as reservations with restaurants, beauticlans or optometrists to avo1.d belng turned away due -- unavailabllity. 31 . f Penthouse. A structure not exceedlng 14 feet ln helght :'ocated on the roof of a bUl1ding used for t.he purpose of shelterlng mechanical equlprnent or vertlcal shaft openings 1.n the roof. - . Performance Standards Permit. An administratlve perr:a t obta1.ned In accordance with Subchapter 10D. Permitted Use. Any use allowed 1.n a Zoning d1.str1.ct and subJect to the restrlctions appl1.cable ~o that Zonl.ng district. Place of worship. A bUllding or structure, or groups of bUl1dlngs or structures, which by desl.gn and constructlon are prlmarlly lntended for conductlng religlous serVlces and accessory uses assoclated therewlth. Planning Commission. The seven member body responslble for carrYlng out functlons with respect to plann1.ng and zonlng as may be prescrlbed by this Artlcle. Porte Cochere. A roofed structure extendlng from the entrance of a buildlng c "'- an adjacent driveway, the purpose of WhlCh .i3 32 - - . , to shelter persons enter1.ng and eXltlng a bUllding. Primary Space. L1V1.ng ::.-oom, d1n1.ng room, fam~ly room, llbrary, or Slr.lllar such activ1.ty room ln a dwell1.ng unlt. -. 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 prlmary or predomlnant use of any slte. Photocopy Shop. An estab11shment that reproduces or prints documents. A pr1nt shop shall be considered to be the same as a photocopy shop. Private Club or Lodge. A bUlld1ng and related facllities mvned or operat:ed b~{ a corporatlon, aSSoclatlon, or group of indivlduals establlshed for the fraternal, soclal, educational, recreatlonal, or cultural enrichment of its members and not primarlly for proflt, and ~",hose ::1.embers :"leet certaln prescribed qualif1catlons for ::leI'1bersh1.p and pay dues. A private club or lodge does not include a facl.llty T,,,,,here the prlnc~t:' membershlp requirement lS payment ot a membership or admlssion fee. 33 -- -- - . Private Tennis Court. A tennls court which is used for non-comrnercl.al purposes by the owner of the property or ~hel.r guests. Public Land. Any government owned land, ~ncluding but not IJ.mlted to publlC parks, -. beaches, playgrounds, trails, paths, schools, public bUl1dlngs, and other recreatlonal areas or public open spaces. Public utility service Center and service Yard. Any bUl1d1.ng or property used for the admln1.stration of nubl1.c ut1.11.ty repa1.r, malntenance, and lnstallatlon crews, warehouse, storage yard or malntenance garage including vehicle parklng of a publlC utill.ty. Recreational Building. Inc1.dental park structures such as restrooms and :Ialnt:.enance facilities, comrnunlty rooms, locker ~ooms and showers servlclng persons uSlng the beaches or ocean, plaYl.ng courts, playgrounds, p1cnlc areas, public SWl.mmlng pools. Residential Care Facility. A group houslng arrangement chosen voluntarlly by residents over 60 years of age, but also ~ncluding persons under 60 ,-lith compatl....._ needs, who are provided varYlng levels ",.~d intensities of care and superv1.s1.on or 34 . , personal care, based upon thel.r varYlng needs, as determl.ned In order to be adm1.tted and remain in the faclllty. Residential Use. One or -:"Lore rooms designed, occupled, or intended for occupancy -- primary l1.v1.ng quarters buildl.ng or as In a portion thereof. Restaurant. Any building, room, space, or port1on thereof ,.;here food 1.S sold for consumption on s1.te. A restaurant does not 1.nclude incidental food serVl.ce. Rest Home. An extended or 1.ntermed1.ate care facl1ity licensed or approved to provlde health care under rr1edlcal superv1.s1.on for 24 or more consecutive hours to t'.vO or more patients who are not related to the govern1.ng authorlty or lts members ny marrlage, blood, - or adoption. Roof. That portlon of a bUlldl.ng or structure above walls or columns that shelters the floor area or the structure below. sanitarium. An 1.nstitutlon for the treatment of persons wlth chron1c and usually long term illnesses. Secondary Window. \hndow servlng a bedroom, bathroom, kltchen, stairway, 35 --- -- t , corridor, or storage area In a dwell~ng un~t, or a wlndow 1.n a prlrnary space WhlCh 1S not a prlmary Wlndow. Self-Service storage Warehouse (Mini- Warehouse) . A warehouse operation ,.".here -~. lease, and dlrect customers rent or have access to, lndiv1dual s"Corage areas, compartments, or rooms ',.11. thln a larger structure or structures provlded for storage use. Senior Citizen. An .:..ndlvldual 62 years of age or more. senior Group Hous~ng. A build1ng or bUlldings, 1ncludlng a slngle famlly dwelllng, that provides res1dence for a group of sen10r cltizens T"j1.th a cem:r a 1 kltchen and d1n1ng faClllties and a separate bedroom or prlvate livlng quarters. service station. Any establishmen"C whose primary function lS the retall sale of petroleum products and vehlcle accessorles normally associated with thls use, and shall include those serV1.ce statlons provlding full- service or self-serv1.ce statlons. 36 I t Setback. The d~stance bet:'ileen -che lot line and a bUl1dlng not lDcludlng perrn "Cted pro]ectJ.ons. Shelter for the Homeless. A resldentlal facility operated by a IIprovlderll, other than -- "communl.ty care facl1ity" as defined in a Callfornla Health and safe'Cy Code Sectlon 1502, WhlCh provldes temporary accommodatJ.ons to homeless persons and/or faml11es and which meets the standards for shelters con'Ca1.ned ln Title 25, Cal1.fornla Adml.nl.strat1.ve Code, Part 1, Chapter F, Subchapter 12, Sect:lon 7972. The term t1temporary accomrnodatlonsll means that a homeless person or :am1.ly wl.ll be allowed to reslde at the shelter for a tlme period not to exceed SlX ( 6 ) months. ?or ::he purpose of this deflnltlon, a "prov1.der" shall mean a government agency or pr1vate non-profJ.t organlzatlon which provldes, or contracts W1.th recognlzed communl.ty organ1zations to provide, emergency or temporary shelter for the homeless, and which meets the standards set forth 1.n SectJ.on 9050.14. Shrub. A plant '.v 1 th a compact growth habi t and branches comlng from the base of :"_.8 plant. Mature heights of shrubs nay vary from 37 -- ~ . one foot to 15 fee~ dependIng on ~heIr speCIes and landscape appllcat1.0n. Sidewalk Cafe. Any ou~door dInIng area located ln any publIC sIdewalk or rl.ght-of-way which is defined by a barrIer which separates -," the sidewalk cafe area from the sldewalk or other public rIght-of-T,-.ray and '~lhich IS associated with a restaurant or other eatIng and drinking establishment on a contIguous adjacent lot. Single Room occupancy. A hOUSIng unIt which is contalned wl~hln a resl.dential hotel, rooming house, hotel, or notel where the un1.t does not contaln e1ther prlvate food preparatIon or sanitary facl.lit1es. site. Any plot or lot of land or combinatIon of cont1guous lots of land. Skylight. That portIon of a roof wh1.ch lS glazed to admIt lIght, ad the mechanIcal fastenIng requlred to hold the glaz1.ng, Including a curb not exceedIng 10 lnches 1.n heIght, to provIde a weatherproof1.ng barrl.er. Small Family Day Care Home. A home whlCh provldes family day care to SIX or fewer 38 '- . children at any one t1.!:1e, 1.nclud1.ng chl1dren under the age of 10 years '.-iho reslde at the horne, as defined 1.n state regulat1.ons. Solar Energy system. Any solar collector or other solar energy device, or any - " structural desl.gn feature of a bU1.1d1.ng whose prlmary purpose lS to provide for the collection, storage, or distr1.butlon of solar energy for space heatlng or coollng, water heating, or electrlC1.ty. specialty Office. Uses intended to provide a serVl.ce ,11. thout: requ1.rl.ng an appointment such as travel agencl.es, real estate offices and 1nsurance agencles. story. That portlon of a building included between t;.lO consecut1.ve :':"oors of a bUllding. A basement shall not be consl.dered a story 1.f the flnl.shed f1rst floor does not exceed 3 feet above the average na~ural grade of the lot. An unfinished attic shall not be considered a story. A nezzanine shall be consldered a story if 1t 1S not open to the floor below, if 1.t contains any enclosed rooms, bathrooms, closets, and the l~ke, or if it contains more than 33 1/3% of the total floor area of the room(s) onto which It opens. 39 -- - - - - - ~ . structure. Any~hlng construc'Ced or erected, "_lh1.ch requ1.res a f:.xed 10cat:.1.on on the ground, or 1S a~tached to a bU11d1ng or other structure havlng a flxed locatlon on the ground. -~ Subdivision. See Chapter 3 for all 5ubdlvislon deflr.lt~ons. substantial Remodel. Removal of 50 percent or more of the exterl.or '.valls or removal of 50 percent:. or :1ore of supportlng members of a strucl:.ure such as bear1ng Halls, columns. beams, or gl.rders. Tandem Parking. A group of t1.vO or more parking spaces arranged one behlnd the other where one space blocks access to the other space. Temporary Structure. A structure wlthout:. any foundatlon or footl.ng and wh1Ch lS removed when the deslgnated tl~e perlod, actlvlty, or use for 'o'/h 1. ch the temporary structure was erected has ceased. Temporary Use Permit. An adrnl.nlstratlve permit obtained 1.n accordance wlth Subchapter lOCo Theater. Any hall "lhere 11.ve entertainment lS g1.ven or held as the 40 ~ . pr1.nclpal use, any establ1.shr.en~ con~alning a permanent stage upon WhlCh ~ovable scenery and theatrlcal appliances are '...lsed and "tlnere regu~ar theatr~cal perfornances are g~ven. Trailer. A vehl.cle wlthout ~otor power, -- deslgned to be drawn by a motor vehlcle and to be used for human habl.tatlon or :or carrYl.ng persons or property, 1.nclud1.ng a nobl1ehorne, trailer coach or house traller. Trailer Court or Mob~lehome Park. Any area or tract of land used or des1.gned to accommodate one or more tral1ers 1.!1 use for human habitatl.on wlth nlnl.mUm racllltles for water, sewer, electr1.Clty, and laundry. Tree. A plant having at least one ',.;ell defined stem or trunk and norrally atta1.nlng a mature helght of at least 15 feet, ~nth an average mature spread of 15 feet, and havlng a trunk that shall be kept clear of leaves and branches at least SlX feet above grade at maturlty. 15 Gallon Tree. A 15 gallon contal-ner tree shall be no less than one lnch call-per and at least six feet in he1.ght above grade at the time of plantlng. 41 - - ------ . . 24 Inch Box Tree. .'"i. .t:.,= :nch box tree shall e no less than one and three-quarters l.nch callper and at least seven fee~ In helght above grade at the tlme of planting. Usable Open Space. Outdoor space which -~- is specifically desl.gned and constructed to be occupied by and used by resldents of the dwelling unlts on a lot. Use~ The purpose or actlvlty for WhlCh land lS zoned or a structure 15 im:ended or used. Variance. A dlscretlonary permlt obtalned in accordance W1.th Subchapter 10E. Very Low Income Household. A household whose gross annual 1.ncome 1S between 0% and 50% of the medlan lnCOMe of the Los Angeles- Long Beach-Anahelm Prlmary Hetropolitan Statlstlcal Area (PMSA) , as deterrnned periodically by the u.s. Department of Houslng and Urban Development ( HUD) , adJusted for household size. Warehouse. A build1.ng, group of buildings, or a portlon of a building used for the storage of goods and mater1.als. Yard~ An open space sltuated between lot lines and not covered by buildlngs. 42 . I Yard, Front. A space extendlng the full wldth of the lot between any bUl1dlng and the front lot line, and measured perpendlcular ~o the bUl1ding at ~he closes~ pOlnt ~o the front lot line. The front yard shall be unoccupled #, and unobstructed from the ground upward except as may be permltted by thls Chapter. Yard Sale. Any sale held for the purpose of selling, trading, or otherWlse disposlng of unwanted household furn1.sh1.ngs, personal goods, or other tangIble properties under control of the person holding such sale and conducted in a resldentlal dl.strlct. Yard, Side. A space extend1ng the full depth of the lot bet.veen the principal bUl1ding and the sIde lot llne ~,easured perpendicular fron the sIde lot line to the closest pOl.nt of the prlnclpal bU1.1ding. The slde yard shall be unoccupled and unobstructed from the ground upward except as may be permitted by this Chapter. Yard, street Side. A space extendl.ng the full depth of the lot between the principal building and the sIde lot l1.ne adjacent to a publlC street rl.ght-of-way measured perpendicular from the side lot line adjacent 43 . c to a public street r1.ght-of-TtJay :1.easured perpendicular from the s1.oe lot: Ilne to the closest pOlnt of the prl.nclpal bUlldlng. The street Slde yard shall be unoccupled and unobstructed from the ground upward except as .. may be permltted by this Chapter. Yard, Rear. A space extending the full wl.dth of the lot between the pr1ncipal building and the rear lot line measured perpendicular from the rear lot Ilne to the closest point of the prl.nc1.pal bU1ldlng. The rear yard shall be unoccup~ed and unobstructed from the ground upward except as may be perm1tted by this Chapter. zoning ordinance. The Comprehenslve Land Use Ordlnance of the Clty of Santa ~on1.ca. SECTION 2. Santa Monlca Munlclpal Code Sectlon 9.04.12.030 lS amended to read as follows: SECTION 9.04.12.030. Large Fam11y Day Care Homes. The purpose of these standards lS to ensure that large fam1.1y day care homes provl.ding child care 1.n res1.dential d1strlcts do not adversely 1mpact the adJacent neighborhood. While large famlly day care homes are needed by resldents 1.n this Clty, 44 . : especlally In close proXlrnlty to thelr homes l.n residentl.al nel.ghborhoods, the potentl.al traffic, nOl.se and safety 1.mpac~s of thl.S use should be regulated 1.n the 1.nterest of nearby residents and the children In the day care ---. - facillty. It also the lntent of th1s lS Section to allow faluly day care homes l.n residentl.al surroundlngs to give children a home enVl.ronment which 1.S conducl.ve to healthy and safe development. The fallowing performance standards shall apply to large family day care hones: ( a) structures. A large fam1.ly day care home shall conform to all property development standards of the zon1.ng dlstr1ct l.n WhlCh 1.t 1S located unless othervll.se provlded 1.n t~lS Sectlon. (b) Noise. The operat1.on of a large family day care home shall comply T.n th noise standards contal.ned 1.n the Santa Honl.ca Municipal Code, Chapter 3A, Sectlons 4301-4314 (the "Noise Ordinance II) . ( c) On-site Parking. On-site park1.ng for large family day care homes shall not be required except for that required for the residential bUlldlng. 45 . < (d) Passenger Loading. Curbs1de load1ng shall be presumed adequate ::or drop-off ana plck-up of chl.ldren. Hm.lever, '.vhere -che Parking and Traffic Englneer, l.n evaluatlng a particular large famlly day care home, -. determines that curbside loading is n01: adequate, the Parklng and Traffl.c Engl.neer shall approve a passenger loadlng plan. ( e) Lighting. Passenger loading areas may be 1.11umlna1:ed. If a passenger loading area is llluminated, the llghting shall be directed away fron adJacent propertles and of an intenslty compatlble ~.,;1.th the resldentlal nelghborhood. ( f) state and Other Licensing. P'..ll family day care homes shall be state llcensed and shall be operated according to all appllcable state and local regulatlons. (g) concentration of Uses. No more than one large famlly day care home shall be permltted within 100 linear feet of the property llne of any eXl.stlng large famlly day care home. (h) No hearlng shall be held on the applicatlon for a pernit pursuant to thls sectlon, nor shall the granting of a permlt 46 . c pursuant to th1S Sec~:on be subJec~ to appeal. Thl.S Sect10n shall supersede any confll.ctlng sect10ns, lnclud1ng Sect::.on 9112.6 of th1s Code. In addltlon, ~he flnd1.ng set forth 1n Sectl.on 9112.3(c) lS 1.napplicable "Co large -- famlly day care homes. SECTION 3. Any prov1s1on of the Santa Mon1.ca Municipal Code or appendlces thereto lnconsistent '.-l1.th the prOV1S1ons of th1s Ordlnance, to the extent of such 1ncons1stenC1.es and no further, are hereby repealed or Modlf1ed to that extent necessary to affect the provisions of this Ord1.nance. SECTION 4. If any sect:1011, SUDsect::.cn, sen1:ence, clause, or phrase of this Ordinance 1S for any reason held to be invalld or unconstitutional by a deC1s1on 2Jf any COUY1: :;f any ::or:petent ]urlsdiction, such deC1S1.0n shall not affect: the val1dlty of the rernalning portlons of the ordlnance. The Cl.ty Councll hereby declares that it would have passed th1.S Ordinance and each and every section, subsectlon, sentence, clause or phrase not declared invalld or unconstitutional wlthout regard to whether any portlon of the ordinance would be subsequently declared 1.nValld or unconstitutional. SECTION 5. The Mayor shall s1.gn and the Cl.ty Clerk shall attest to the passage of th1s Ordlnance. The C1ty Clerk shall ^-, .. I ~ . cause the same to be publlshed ence ::.n --:.::e offic1.al newspaper "Nlthln 15 days after lts adoptlon. l'hlS 8rd1.nance shall become effect1.ve after 30 days from 1.ts adoDtlon. APPROVED AS TO FORM: ~J)~t~~ -." ~OSE~H-t.AwRENCE ~g City Attorney 48 .. ~ ~dopted and approved ~h1.s 29th day of September, 1992. .., .,.. hereby certify that the foregoing Ordinance No. 1646(CCS) J- ,"as duly and regularly introduced at a meeting of the city council on the 22nd day of September 1992 ~ that the said Ordlnance was thereafter duly adopted at a !:1eetlng of the City council on the 29th day of september 1992 by the =ollow~ng council vote: Ayes: Councilmembers: Abdo, Genser, Katz, Olsen, Vazquez, Zane ~oes: Councll:mernbers: None Abstain: Councilmembers: None Absent: Councilmembers: Holbrook ATTEST: L/4~ ~ City Clerk t'