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CA:RMM:lld0004/wp5.1
city Council Meeting 9-22-92
Santa Monica, California
STAFF REPORT
TO: Mayor and City council
FROM: City Attorney
SUBJECT: Ordinance Amending the Santa Monica Comprehensive
Land Use and Zoning ordinance Relating to
Child Care
Introduction
On May 20, 1992, the Plann1ng commission held a pUblic hearing
on proposed changes to the Zoning Ordlnance that would amend
provisions regulating large family day care homes. Large family
day care homes are homes in WhlCh Ch11d day care 1S prov1ded for 7-
12 children. Following an extensive dlSCUSSlon and public hearlng,
the Planning Commission voted to recommend that the City Councll
make the changes recommended by staff with three modifications. An
ordinance incorporating the modifications recommended by the
Planning Commission lS attached as Exhibit A.
(Much of Exhibit A
contains existlng Code Sections which are unmodified; see pages 8,
10, 19, 38, 44-47 for the specific changes to the Zoning
ordinance. )
Exhlbit B contains the modifications which the
Planning Commisslon considered.
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The Planning COlnInssion further recommended that the City
Council take further action to encourage the viability of family
day care in the city by waiving application and plan check fees as
well as business license fees for large family day care homes. The
Planning commission also recommended that staff be directed to
expedite processing of large family day care home applications.
Backaround
On June 18, 1991, the City council unanimously adopted
Resolution Number 8242 (CCS) which adopted the Child Care Master
Plan for Santa Monica. In the "12 Point Action Plan" contained in
the Master Plan, Point Number 12 mandated that the City "create
supportive land use and housing policies and permit procedures."
Additionally, concerns have_been expressed by members of the public
and the Planning comm~ssion regarding the current Zoning Ordinance
provisions affecting child care facilities.
Pursuant to Planning Commlss~on request, the City Attorney's
office presented Memorandum Opinion Number 92-3 to the Planning
Commission on February 26, 1992. (See Exhibit C.) That Opinion
described the legal restrictions on the City related to regulation
of family day care homes. State law contains very specific
provisions which severely limit the scope of regulation in this
area. The city is limited to regulating only in the areas of
spacing and concentration, traffic control, parking and noise
control, and only to the extent that such regulation imposes
"reasonablel1 standards, restrictions or requlrements.
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Memorandum Opinion Number 92-3 proposed that the Zoning
Ordinance be modified in several respects, some of which were
dictated by state law and others of which were policy
recommendations. specifically, the proposed modifications would
make the definitions relating to small and large family day care
homes consistent with state law and would make a number of other
changes to ensure consistency with state law. Given the
substantial lack of discretion in regulating these uses under state
law, the recommendation would also make the use subject to
administrative approval and elimlnate discretionary aspects of the
existing process. Finally, the other significant change is a
revision to the standard for concentratlon of the use in a given
area.
On March 4, 1992, the Planning Commisslon consldered the
issues raised in Memorandum Op1nion Number 92-3 and directed the
City Attorney's office to draft a Resolution of Intention to Amend
the Zoning Ordinance.
On March 25, 1992, the Planning Commission adopted a
Resolution of Intention to Amend the Zoning Ordinance. (See
Exhibit B.)
On May 20, 1992, the Planning Commisslon held a public hearing
on the proposed amendments to the zoning Ordinance. Following the
public hearing and deliberations, the Planning Comm1ssion voted to
recommend that the city Counc1l adopt the proposed changes with
three modifications.
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First, the Planning Commisslon recommended that the City
Councll remove the restriction related to "outdoor Activity."
Second, the Commission recommended that the "Passenger Loading"
provision be amended to presume that curbside loading is
appropriate, unless the Parking and Traffic Engineer determines
otherwise, in which case a passenger loading plan would be
required. Third, the Commission recommended that the concentration
limits be modified to allow no more than one large fam1ly day care
home within 100 feet to the front or the rear of an existing home
and no more than 300 feet to the side of an existing home.
Section-By-Section Analysis
Section 1. section 1 amends Municipal Code Section 9000.3,
"Definitions." This Section amends the definitions of "Child Care
Center," "Large Family Day Care Home" and "Small Family Day Care
Home." It also adds a definition of "Day Care Centerll to this
Section.
section 2. Section 2 amends Municipal Code section 9050.3,
"Large Family Day Care Homes. II Former subsections (b), 1I0utdoor
Play Area", (c), "Fences and Wallsll, (g), "outdoor Activity", and
(j), "Notification of Permits", have been deleted. A new
subsection (b) has been added which provides that the operation of
a large famlly day care home must comply with the standards set
forth in the City'S Noise Ord1nance. Subsectlon (d), "Passenger
Loading, It has been amended to provide that curbside loading is
appropriate unless the Parking and Traffic Engineer determines
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otherwise, thus necessitating the preparation of a passenger
loadlng plan. Subsection (e), "Lighting," has been amended to
provide that passenger loading area lightlng is not requ1red, but
may be provided. Subsection (g), "Concentration of Uses, II has been
amended to provide that no more than one large family day care home
man be within 100 feet to the front or the rear of an existing home
and no more than 300 feet from the side of an existing home.
Finally, a new subsection (h) has been added to provide that no
hearing shall be held on the application for a permit pursuant to
this Section, nor shall the granting of a permit pursuant to this
Section be subject to appeal.
Sections 3, 4, and 5. These are standard ordinance
provisions.
Analvsis of Related Recommendations
Planning staff has concerns about wa1ving all fees related to
large family day care homes. In the past, the City has been
consistent ln not waiving fees. Staff is concerned that such a
waiver may create a si tuatlon where other uses, with regard to
which the city does not currently waive fees, will seek to have
fees waived as well.
However, if the City Council adopts the proposed changes in
the Zoning Ordinance, the processing costs for an application for
a large family day care home will be reduced. staff believes that
it would, therefore, be appropriate to reduce the current fee by
one-half, i.e., from $350 to $175. This would be accomplished by
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amending Resolution Number 7607 (CCS) and Resolution Number 8082
(CCS) which establishes planning, zoning and land use fees.
The potential fiscal impact of such a change would not be
great.
staff estimates that not more than five applications for
large family day care homes would be filed in a given year (three
were filed this year). This would represent a loss of $875 to the
city.
Planning staff does not recommend waiver of the business
license fee, which is currently $100, $25 of which represents a
planning review fee.
Finally, with regard to expediting large family day care home
applications, if the city council adopts the attached changes to
the Zoning Ordinance, this wlll be accomplished.
The hearing
process is responsible in large part for the lengthiness of the
current process.
RECOMMENDATION
It is respectfully recommended:
1. That the City Council introduce the accompanying
ordinance.
2. That the City Council direct the City Attorney to prepare
an amendment to Resolution Number 7607 (CCS) and Resolution Number
8082 (CCS) reducing the planning application fees for large family
day care homes to $175.
PREPARED BY: Joseph Lawrence, Actlng City Attorney
Laurie Lieberman, Deputy City Attorney
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EXHIBIT A
1CA:RMM:lld0001/wp5.1
city Council Meeting 9-22-92
Santa Monica, California
ORDINANCE NUMBER
(City Council Series)
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 9000.3 of the Santa Monica Municipal Code
is amended to read as follows:
section 9000.3.
Definitions.
The
following words or phrases as used in this
Chapter shall have the following meanings:
Accessory Building. A detached building
which is located on the same lot as the
principal building and is incidental and
subordinate to the principal building in terms
of both size and use.
Accessory Living Quarters.
Living
quarters within an accessory building for the
sole use of persons employed on the premises
or for use by guests of the occupants of the
premises.
Such quarters shall not have
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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 building
incidental and subordinate to the principal
use of the land or building and located on the
same lot as the principal use.
Act of Nature. A natural occurrence such
as an earthquake, flood, tidal wave, hurricane
or tornado which causes substantial damage to
buildings or property.
Al tered Grade. A change 1n the elevation
of the ground surface from its natural state
due to grading, excavation or fllling.
Arcade. A public passageway or colonnade
open along at least one side, except for
structural supports, usually covered by a
canopy or permanent roofing.
Art Gallery. A room or structure 1n
which original works of art or limited
editions of original art are bought, sold,
loaned, appraised, or exhibited to the general
public.
Artist studio. A room or structure ln
which original works of art are created on
site. Living quarters for the artist may be
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permitted provided the area devoted to liv~ng
quarters does not exceed 50% of the square
footage of the total studio space.
Attie. The area located above the
ceiling of the top story and below the roof
and not usable as habitable or commercial
space.
Auditorium. A building or room designed
to accommodate groups of people for meetings,
performances or events.
Automobile Center _ A groupJ.ng of
indlvidual autornoblle dealerships offering a
variety of automobile makes and models
proposed as a single development project.
Automobile Dealership_ Any business
establishment which sells or leases new or
used automobiles, trucks, vans, trailers,
recreational vehicles, boats or motorcycles or
other similar motorized transportation
vehicle.s An automobile dealership may
maintain an inventory of the vehicles for sale
or lease either on-site or at a nearby
location and may provJ.de on-sJ. te facilities
for the repair and service of the vehicles
sold or leased by the dealership.
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Automobile Display Lot. Any property
used for the display, lease and sale of new or
used automobiles, light trucks, vans,
trailers, recreational vehicles, motorcycles,
boats or other similar vehicles.
Automobile Repair Facility. Any
building, structure, improvements or land used
for the repair and maintenance of automobiles,
motorcycles, and trucks 1ncluding but not
limited to body, fender, muffler, or
upholstery work, oil change and lubrication,
painting, tire serV1ce and sales, or the
installation of CB radios, car alarms, stereo
equipment, or cellular telephones.
Automobile Sales Facility. See
Automobile Dealership.
Automobile storage Lot. Any property
used for short or long term parklng of
vehicles for sale or lease at an automobile
dealership.
Automobile washing Facility. Any
building, structure, lmprovement or land
princ1pally used for washing motor vehlcles.
Automobile Rental Agency. Any business
establishment which rents or otherwise
provides motor1zed transportation vehicles on
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a short-term. basis typically for periods of
less than one month, and which maintalns such
vehicles on-site or at a nearby location. For
the purpose of this Chapter, rental of trucks
exceeding one ton capac1ty or rental of other
heavy equipment shall constitute distinct uses
separate from an automobile rental agency.
Average Natural Grade. The average
elevation of the ground level of the parcel
surface in its natural state as measured from
the corners of the parcel. However, in
connection with development projects in the
Ocean Park Districts, average natural grade
shall have the same meaning as IItheoretical
grade," or "grade, theoretical."
Awning. A temporary shelter supported
entirely from the exterior wall of a building.
Awnlngs 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
42 inches in height.
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Bar. An establishment with a "public
premises" liquor license and restaurants with
a liquor serv1ng facility that is physically
separate from the dining area and is regularly
operated during hours not corresponding to
food service hours.
Basement. The portion of a structure
below the finished first floor. A basement
shall be considered a story if the finished
first floor extends more than 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 indlviduals which does not
have more than four guest rooms and one
kitchen.
Bedroom. A prlvate room planned and
intended for sleeping, separated from other
rooms by a door and accessible to a bathroom
without 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.
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Building. Any structure having a roof
supported by columns or walls and intended for
the shelter, housing, or enclosure of any
individual, animal, process, equipment, goods,
or materlals of any kind or nature.
Building Bulk. The aggregate of three
dimensional forms making up a building.
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 principal and
accessory buildings on a lot.
Building Height. The vertical distance
measured from the eXlsting average natural
grade to the highest point of the roof.
However, ln connection wi th development
projects ln the Ocean Park Districts, building
helght shall mean the vertlcal distance
measured from the theoretical grade to the
highest point of the roof.
Building Mass. Three dimenslonal forms,
the simplest of which are cubes, boxes,
cylinders, pyramlds and cones. A bUllding lS
rarely only one of these slmple forms, and is
generally a composite of these forms.
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Building, Principal. A building in whl.ch
the principal use of the lot on which it is
located is conducted.
Buildinq Size. The aggregate of building
mass and building bulk permitted on a lot
which lS defined by helght regulations,
setbacks, and other property development
standards.
canopy. A roof-like cover that projects
from the wall of a building for the purpose of
shielding a doorway, window or wall from the
elements.
Change of Use. The establishment of a
different use from the previous use. A change
of ownership for continuat~on of an existing
use does not constitute a change of use.
Child Day Care Facility. A facility
which provides nonmedical care to children
under 18 years of age In need of personal
services, supervision, or assistance essential
for sustaining the activities of daily living
or for the protection of the lndividual on
less than a 24 hour bas1s. Child day care
facility includes day care centers and family
day care homes.
Church. See Place of Worship definition.
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cinema. A motion p1cture theater where
the primary use is to show motlon or video
pictures and to which admission is free or a
fee is charged, received or collected, either
by the sale of tickets or by any other means
or device by which money or something of value
is received or paid therefor.
Club. A group of people organized for a
common purpose to pursue common goals,
interests or act1vities and usually
characterized by certa1n membership
qualifications, payment of fees and dues,
regular meetings, and a constitution or by-
laws.
Common Open Space. Usable open space
which is for the use of the residents of two
or more dwelling unlts.
Community Care Facility. Any facility,
place, or building which is maintained and
operated to provide non-medical residential
care, adult day care, or home findlng agency
services for children, adults, or children and
adults including but not limited to the
physically handicapped, mentally impaired, or
incompetent persons, and includes the
following:
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(1) "Res~dential Care Facility"
means any family home, group care facility for
24-hour non-medical care to persons 18 years
of age or older in need of personal services,
supervision, or assistance essential for
sustaining the activities of daily living or
for the protection of the individual.
(2) l'Adult Day Care Facility" means
any facility which provides non-medical care
to persons 18 years of age or older in need of
assl.stance essential for sustaining the
activities of daily livl.ng or for the
protectlon of the individual on less than a
24-hour basis.
Conditional Use Permit. A dlscretlonary
permit obtained in accordance with Subchapter
lOF, permitting the establishment of
particular uses in a zoning district.
cul tural Faci li ties. Museums, ga ller ies ,
theaters and the like, which promote
educational and aesthetlc interest within a
community.
Day Care Center. Any Chlld day facility
other than a family day care home, and
includes infant centers, preschools, and
extended day care facilities.
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Drive-Through or Drive-In Restaurant. A
restaurant where customers may be served food
in their vehicles for consumpt1on either on or
off the site.
Duplex. One structure on a single lot
containing two dwelling units, each of which
is functionally separated from the other.
Dwelling. A structure or portion thereof
which lS used principally for residential
occupancy.
Dwelling, Multi-FaJllily. A dwelling
containing two or more dwelling units.
Dwelling, single-Family. A building
containing one dwelling unit which contains
only one kitchen and which is located on a
permanent foundat1on.
Dwelling unit. One or more rooms,
designed, occup1ed, or intended for occupancy
as separate living quarters, with full
cooking, sleep1ng, and bathroom facilities for
the exclus~ve use of a single household.
Dwelling unit, Efficiency. A dwelling
unit consisting of not more than one habitable
room together with kitchen or kitchenette and
bathroom fac1lities.
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Electric Distribution substation. An
assembly of equipment which could include fuel
cells and microwave, cable, radio and/or other
communication facilities as part of a system
for distribution of electric power where
electric energy is normally received at a sub-
transmission voltage and transformed to a
lower voltage, and/or produced at this lower
voltage in case a fuel cell is installed, for
distribution to the customer.
Facade.
building.
Fast-Food
The
exterior
slde of
a
or
Take-out
Restaurant.
A
restaurant where customers purchase food at a
walk-up window or counter 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 materlal or
combination of materials functioning as an
enclosure or for screening.
Fence Height. The vertical distance
between the ground and top of a fence measured
from the existing grade. The height shall be
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measured in a continuum at each pOlnt along
the fence.
Finished First Floor. The top of the
first floor of a structure which does not
extend more than 3 feet above the average
natural grade.
Floor Area. The total gross horizontal
areas of all floors of a building, including
usable basements below the roof and measured
from the interior face of exterlor walls, or a
wall separating two buildings excluding:
(1) Stairways and stairwells.
(2) Elevator's elevator equlpment
rooms, and elevator shafts.
(3) Ramps to a subterranean or
semi-subterranean parking structure or ramps
between floors of a parking structure
providing the ramp does not accommodate
parking.
(4) Unenclosed decks, balconies,
and platforms not used for commercial or
restaurant actlvlty.
(5) Exterlor courtyards, arcades,
atria, paseos, walkways, and corridors whether
or not covered by a roof provided they are not
used for commercial or restaurant activity.
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(6) The volume above interlor
courtyards, atrla, paseos, walkways, and
corrldors whether covered or not.
(7)
Subterranean
and
semi-
subterranean
exclusively
unloading.
parking
for parking
structures used
and loading and
(8) At grade parking not covered by
a building, structure, or roof.
(9) Load1ng docks open or covered
by a roof or canopy, but otherwise unenclosed
and used exclusively for loadlng and
unloading.
(10) Mechanical equipment rooms,
electrical rooms, telephone rooms, and similar
space if located below grade.
Floor area shall include those areas
occupied by the following:
(1) Restrooms, lounges,
lobbies, kitchens, storage areas, and interior
hallways and corridors.
(2) The floor area of interior
courtyards, atria, paseosf walkways, and
corridors covered by a roof or skylight.
(3) Covered at-grade parking.
(4) Above grade parking.
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Floor area devoted to covered
at-grade parking shall be counted at two
thirds of the actual area if all of the
following conditions are met:
(1) The floor devoted to
parking does not exceed 10 feet in height.
(2) There is at least one
level of subterranean or semi-subterranean
parking provided on the lot.
(3) The at-grade and
above grade parking levels are screened from
view.
(4) There is no parking
on the ground floor within 40 feet of the
front property l~ne.
(5) The design of the
parking levels lS compatible wlth the design
of the building as determ~ned by the
Architectural Review Board.
F100r Area Ratio (FAR). The floor area
of all buildings on a lot divided by the lot
area.
Game Arcade. Any place open to the
public in which there are four or more games
or amusements. These games or amusements
include but are not limited to, electronic,
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video, and pinball machines, whether coin
operated or on free play.
Garage. An accessory building or portion
of a prlncipal building for the parking or
temporary storage of automobiles of the
occupants or users of the premises.
Garage, subterranean. A structure wholly
or partly underground, the ceiling of which is
not more than two feet above the average
natural grade, except for openings for ingress
and egress.
General Retail. Bus~nesses which are
engaged in selling goods or merchandise to the
general public and which provides services
incidental to the sale of such goods.
Grade, Theoretical. An imaginary line
from the midpoint of the lot on the front
property line to the midpoint of the lot on
the rear property line.
Grading. Any stripp1ng I cuttlng, soil
removal, filling, or stockplling of earth or
land.
Ground Cover. A low growing woody or
herbaceous plant with low, compact growth
habits which normally crawls or spreads, and
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which forms a solid mat or dense cover over
the ground within two years of installation.
Mature heights of groundcover will usually
range from three inches to three 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 50 feet of the front
of the lot.
Habi table Space. Space in a dwell ing
unit for living, sleeping, eating, or cooking.
Bathrooms, closets, halls, storage or utility
space, and parking areas are not cons idered
habitable space.
Hardscape. An open area compr 1sed of
durable non-living materials including, but
not I iml ted to rocks, pebbles, sand, wood,
mulch, chips, walls, fences, planters, bricks,
stone, aggregate, natural forms, and water
features.
Hedge.
A barrler of plant material
functioning as an enclosure or used for
screening.
Home Occupation. A home enterprlse ln a
residential dwelling unit incidental and
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secondary to the use of the dwelling unit and
compatible with surrounding residential uses.
Home Occupa t ion PerJlli t. An
administrative permit obtained in accordance
with Subchapter lOB to allow a home
occupation.
Hospice. A facility that provides
residential living quarters for up to six
terminally ill persons. A hospice is a
permitted use in all residential districts.
Hotel. A building, group of buildings,
or a portion of a bUlld1ng which is designed
for or occupied as the temporary lodging place
of individuals for less than 30 consecutlve
days including, but not limited to, an
establishment held out to the public as an
apartment hotel, hostel, inn, time share
project, tourist court, or other simllar use.
Household. Persons living together in a
single dwelling unit, with common access to,
and common use of all livlng and eating areas
and all areas and facilities for the
preparation and storage of food within the
dwelling unit.
Incidental Food service. Any building,
room, space, or portion thereof where food is
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sold at retail where less than 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 wlthln a
building lntended to be used for cooking or
preparing food.
Landscaped Area. The area within the
boundaries of a glven lot which consists of
living plant material lncludlng, but not
limited to, trees, shrubs, woody and
herbaceous ground covers, grass, flowers,
vines, irr1gation systems, and other design
features commonly used in landscaping, but not
including walkways, driveways, patlos, and
other landscape features that use smooth
concrete or asphalt.
Large Family Day Care Home. A home WhlCh
provides family day care to 7 to 12 children
at anyone time, including children under the
age of 10 years who res1de at the home, as
defined in state regulations.
Light Manufacturing. Manufacturing uses
conducted within an enclosed building that
include fabricating, assembling, testing,
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repalring, serv1cing or process1ng products
where the nature of the operation is not
obnoxious or offensive by reason of emlssion
of odor, dust, noxious gas, nOlse, vibration,
glare, heat or other adverse environmental
impacts.
Li vinq Area. The interior habitable area
of an existing principal dwelling unit
including basement and shall not include a
garage.
Living Quarters. A structure or portion
thereof Wh1Ch 15 used prlnclpally for human
habitation.
Loading space. An off-street space or
berth on the same lot with a building for the
temporary parking of a vehlcle while loading
or unloading of goods.
Loft. See Mezzanine.
Lot. A lot.
Low Income Household. A household whose
gross annual income lS between 51% and 80% of
the median income of the Los Angeles-Long
Beach-Anaheim Primary Metropolitan Statlstical
Area (PMSA), as determined per10dlcally by the
u.s. Department of Housing and Urban
20
Development (HUD), adjusted for household
Slze.
Manufactured Housing. A residential
structure built off-site and moved to a
designated site for placement on a permanent
foundation.
Mezzanine. An intermedlate level without
walls or partitions, placed in any story or
room and open to the space below. When the
total area of any such mezzanine floor exceeds
33 1/3 percent of the total floor area ln that
room, it shall constltute an addlt10nal story.
The clear height above or below a mezzanine
floor shall not be less than 7 feet. No more
than one continuous mezzanine may be permitted
in anyone room. A mezzanlne shall be
considered a loft.
KiddIe Income Household. A household
whose gross annual lncome is 100% of the
median income of the Los Angeles-Long Beach-
Anaheim Metropolitan Statistical Area (PSMA),
as determined periodl.cally by the U. S.
Department of Housing and Urban Development
(HUD) adjusted for household size.
Mini-Kart. A small retail store selling
commonly purchased grocerles, fast-foods,
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household goods, and impulse items, and
located on the same lot as a serVlce statlon
or operated In conjunction with a service
station with common parking.
Minor Repair of Vehicles. Transmission,
muffler, and radiator work, lubrlcation,
repair of brakes, generators, water pumps,
batteries, and other minor components,
replacement of wiper blades, fuses, radiator
caps, lamps, and other minor accessories,
changing, and mounting of tires, wheel
alignment, tune-up, minor electrical repairs,
and similar repairs and serVlces. Minor
repair of vehicles shall not lnclude repalrs
that cause environmental nuisances lncluding
but not limited to engine and drive train
overhaul, auto dlsmantl ing , body and fender
work, welding, repalr of tops, seat covers,
and upholstery, auto glass work, painting,
rebuilding batteries, tire recapping or
retreading, and simllar work.
Mixed Use Development. The development
of a lot or building with two or more
different land uses such as, but not limited
to a combination of residential, office,
manufacturing, retail, public, or
22
entertainment in a single or physlcally
integrated group of structures.
Mobilehome Park. See Traller Park.
Moderate-Income Household.
A household
whose gross annual lncome is between 81% and
120% of the median income of the Los Angeles-
Long Beach-AnahelID primary Metropolitan
Statistical Area (PMSA), as determined
periodically by the u.S. Department of Housing
and Urban Development (HUD), adjusted for
household size.
Motel. An establlshment provldlng
transient accommodatlons containing six or
more rooms with _ at least 25% of all rooms
having direct access to the outside without
the necesslty of passlng through the main
lobby of the building.
Neighborhood Grocery story. Any small
market not exceeding 3,000 square feet of
floor area selling a full range of food
products including meat, dairy, vegetable,
frult, dry goods, and beverages.
Ne't Residential Area. An area of land
zoned for residential uses exclusive of public
streets or land dedicated for streets but
23
including the area to the center line of a
rear alley.
Night Club. An establishment which
primarily offers live entertainment or dancing
and which may serve food or beverages.
Nonconforming Building or structure,
Leqal. A structure, the size, dimension, or
location of which were lawful prior to the
effective date of this Chapter or any
amendment thereto, but Wh1Ch falls to conform
to the present requirements of the zoning
district.
Nursing Home. A fac1l1ty licensed to
provlde full-time convalescent or chronic care
to individuals who, by reason of advanced age,
chronic illness, or infirm1ty are unable to
care for themselves.
Off-site Hazardous Waste Facility. An
operation involving handling, treatment,
storage, or disposal of a hazardous waste 1n
one or more of the following situations:
1. The hazardous waste 15
transported via commerclal railroad, public
owned road or public waters, where adjacent
land is not owned by or leased to, the
producer of the waste.
24
2. The hazardous waste is at a site
which is not owned by or leased to, the
producer of the waste.
3. The hazardous waste is at a site
which receives 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 72 hours.
overlay District. A zoning designation
specifically dellneated on the Districting Map
establishing land use requlrements that govern
in addition to the standards set forth ln the
underlying residential, commercial or
industrial distrlct.
Parabolic Antenna. An accessory
structure of any shape, 1ncluding the maln
dish and covering, feedhorn, low noise
amplifier, structural supports and all other
components thereof, WhlCh transmits and
receives electromagnetic waves by line of
sight.
1. Groundmounted Dish Antenna. A
parabolic antenna, the entire weight of which
is supported by an approved platform,
25
framework, pole, or other structural system,
which system is affixed directly on or in the
ground by a foundation and WhlCh system is
freestanding, excluding lateral bracing to a
building.
2.
Height.
The vertical distance
between the highest point of an antenna when
actuated to its most vertical position and
grade below, for a groundmounted d1Sh antenna,
and to the roof below for a roofmounted d1Sh
antenna.
3. Microwave Relay Antenna. A
transmitting and receiving antenna, typically
disc or double convex shaped wlth no act1ve
element external to the disc, that
communicates by line of sight with another
similar antenna.
4. Reasonable Functional Use. That
positioning of a parabolic antenna WhlCh
permits substantially unobstructed line of
sight with geosynchronous orbiting satellites
from or to which the dlSh antenna receives or
transmits electromagnetlc waves.
5. Roofmounted DiSh Antenna. A
parabolic antenna, the entire welght of which
is supported by a building through the use of
26
an approved framework or other structural
system, which system is afflxed to one or more
structural members of the floor of the
building or to any structural portion of the
building above the roofline.
6. satellite Earth station Antenna.
An antenna that receives or transmits
communications by line of sight with a
geosynchronous orbiting satellite.
7. Screening. The effect of
locating a parabol1c antenna behind a building
wall, fence, landscap1ng, berm, and/or other
specially designed dev1ce so that view of the
dish antenna from_adjoining and nearby public
street rights-of-way and pr1vate properties 1S
precluded or IDlnimized to the extent
reasonable.
8.
'!'VRO Antenna.
Television
receiving only antenna.
parapet. A low wall or railing not
exceeding 42 inches above the roof and along
its perimeter.
Parcel. A portion of land separated from
other portions of land by legal description,
sa on a subdivislon or record of survey map,
or by metes and bounds. Parcel shall also
27
include two or more lots combined to be used,
developed, or built upon as a unit as provided
for in Section 9002.1.
Parcel Area. The total area wlthin the
property lines of a parcel, excluding any
street or alley right-of-way.
parcel, Corner. A parcel
abutting two or more streets
of
at
land
their
intersection, or upon two parts of the same
street forming an interior angel of less than
135 degrees.
Parcel Coverage. That portion of the
parcel that 1S covered by buildings and
structures. Parcel coverage shall include
that area of the parcel directly below any
upper level of a bU1lding or structure that is
cantilevered beyond the edge of the first
level of the building or structure.
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 abuttlng a public road and where access to
the public road 1S by a narrow, right-of-way
or driveway.
28
Parcel Frontage. The width of the front
parcel line measured at the street right-of-
way.
parcel, Key. The first interior parcel
to the rear of a reversed corner parcel and
not separated therefrom by an alley.
Parcel Line. A line of record bounding a
parcel which divides one 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 d1stant from the front
parcel line: or in the case of triangular or
otherwise irregularly shaped parcel, a line
ten feet 1n length entirely within the parcel,
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.
29
parcel, Reversed Corner. A corner
parcel, the side street line of which 15
substantially a continuation of the front
parcel line of the first parcel to its rear.
Parcel, Through. A parcel which fronts
on two parallel streets or which fronts upon
two 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 angels 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 limlted to:
(a) street furniture.
(b) Design amenities related to the
street level such as awnings,
paseos, arcades.
(e) Visibility into bU1ldings at the
street level.
30
(d) Highly articulated facades at the
street level with interesting uses
of materlal, color, and
architectural detailing.
(e) Continuity of the sidewalk with a
minimum of intrusions into the
pedestr1an r1ght-of-way.
(f) Continuity of building facades along
the street with few lnterruptions in
the progression of buildings and
stores.
(g) Signage oriented and scaled to the
pedestrian rather than the motorlst.
(h) Landscaping.
Pedestrian oriented Use. A use which is
intended to encourage walk- in customers and
which generally does not lim1t the number of
customers by requiring appo1ntments or
otherwise excluding the general publlC. A
pedestrian oriented use may suggest or require
appointments for services when primarily for
the convenience of the customer, such as
reservations with restaurants, beauticians or
optometrists to avoid being turned away due to
unavailability.
31
Penthouse. A structure not exceeding 14
feet in height located on the roof of a
building used for the purpose of sheltering
mechanical equipment or vertical shaft
openings in the roof.
Performance Standards Permit. An
administrative permit obtained in accordance
with Subchapter 100.
Permitted Use. Any use allowed in a
Zoning dlstrlct and
restrictions applicable
subject
to that
to the
Zon1ng
district.
Place of Worship. A bUllding or
structure, or groups of buildings or
structures, WhlCh by design and construction
are primarily intended for conducting
religious services and
associated therewith.
Planning commi.ssion. The seven member
body responsible for carrying out functions
with respect to planning and zoning as may be
prescribed by thlS Article.
Porte Cochere. A roofed structure
extending from the entrance of a building over
an adjacent driveway, the purpose of which is
accessory
uses
32
to shelter persons enter ing and exi tlng a
building.
primary Space. Living room, dining room,
family room, library, or slmilar 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 primary or
predominant use of any site.
Photocopy Shop. An establ1shment that
reproduces or prints documents. A pr1nt shop
shall be considered to be the same as a
photocopy shop.
Private Club or Lodge. A bU.lld1ng and
related facilities owned or operated by a
corporation, associatlon, or group of
individuals established for the fraternal,
social, educational, recreational, or cultural
enrichment of its members and not primarily
for profit, and whose members meet certain
prescribed qualif1cations for membership and
pay dues. A private club or lodge does not
1nclude a facil1ty where the principal
membership requirement is payment of a
memberShip or admlssion fee.
33
Private Tennis Court. A tennls court
which 15 used for non-commerclal purposes by
the owner of the property or their guests.
Public Land. Any government owned land,
including but not limited to public parks,
beaches, playgrounds, trails, paths, schools,
public buildings, and other recreational areas
or public open spaces.
Public utility Service Center and service
Yard. Any building or property used for the
administration of public utility repair,
maintenance, and installat10n crews,
warehouse, storage yard or maintenance garage
including vehicle parking of a public utillty.
Recreational Building. Inc1dental park
structures such as restrooms and maintenance
facilities, community rooms, locker rooms and
showers servicing persons uS1ng the beaches or
ocean, playing courts, playgrounds, picnic
areas, public swimming pools.
Residential Care Facility. A group
housing arrangement chosen voluntarlly by
residents over 60 years of age, but also
including persons under 60 with compatible
needs, who are prov1ded varying levels and
intenslties of care and superv1sion or
34
personal care, based upon their varying needs,
as determined in order to be adm~ tted and
remain in the facility.
Residential Use. One or 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 supervis10n for 24
or more consecutive hours to two or more
patients who are not related to the govern1ng
authority or its members by marriage, blood,
or adoption.
Roof. That portion of a building or
structure above walls or columns that shelters
the floor area or the structure below.
sanitarium. An inst1tution for the
treatment of persons with chronic and usually
long term illnesses.
Secondary window.
bedroom, bathroom,
Window
serving a
stairway,
kitchen,
35
corridor, or storage area in a dwelling unit,
or a window 1n a primary space Wh1Ch is not a
primary window.
Self-Service storage
Warehouse). A warehouse
customers rent or lease,
warehouse
operation
and have
(Mini-
where
direct
access to, individual storage areas,
compartments, or rooms W1 thin a larger
structure or structures provided for storage
use.
senior citizen.
An 1ndividual 62 years
of age or more.
Senior Group Housing. A building or
buildings, including a slngle family dwelling,
that prov1des residence for a group of sen10r
citizens with a central kitchen and dlning
facilities and a separate bedroom or private
living quarters.
service station. Any establishment whose
primary function is the retail sale of
petroleum products and veh1cle accessories
normally associated with th1S use, and shall
include those service stations providing full-
service or self-service stations.
36
Setback. The distance between the lot
line and a building not including perm~ tted
projections.
Shelter for the Homeless. A residential
fac1lity operated by a "providerll, other than
a "coIl1Il\uni ty care facility" as defined in
Californ1a Health and Safety Code Sect10n
1502, which provides temporary accommodations
to homeless persons and/or families and which
meets the standards for shelters contained in
Title 25, California Administrative Code,
Part 1, Chapter F, Subchapter 12, Section
7972. The term "temporary accommodations"
means that a homeless 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 defin1t1on, a "provider" shall
mean a government agency or private non-profit
organization which provides, or contracts with
recognized community organ~zations to provide,
emergency or temporary shelter for the
homeless, and which meets the standards set
forth in Section 9050.14.
Shrub. A plant with a compact growth
habit and branches comlng from the base of the
plant. Mature heights of shrubs may vary from
37
one foot to 15 feet depending on their spec1es
and landscape application.
sidewalk Cafe. Any outdoor 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-at-way and which is
associated with a restaurant or other eating
and drinking establ1shment on a contiguous
adjacent lot.
single Room Occupancy. A housing unit
which is contained with1n a residential hotel,
rooming house, hotel, or motel where the unit
does not contain either private food
preparation or sanitary facilities.
site. Any plot or lot of land or
comblnation of contiguous lots of land.
skylight. That portion of a roof which
is glazed to admit light, ad the mechan1cal
fastening required to hold the glazing,
including a curb not exceeding 10 lnches in
height, to provide a weatherproofing barrier.
Small Family Day care Home. A home which
provides family day care to six or fewer
38
children at anyone time, including children
under the age of 10 years who reside at the
home, as defined in State regulations.
Solar Enerqy 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 d1stribution of solar
energy for space heating or cooling, water
heating, or electricity.
specialty office. Uses
provide a serV1ce without
appointment such as travel
1ntended to
requlring an
agencies, real
estate offices and insurance agenc1es.
story. That port1on of a build1ng
included between two consecutive floors of a
building. A basement shall not be consldered
a story if the finished first floor does not
exceed 3 feet above the average natural grade
of the lot. An unfinished attic shall not be
considered a story. A mezzanine shall be
considered a story 1f 1t is not open to the
floor below, if 1t contains any enclosed
rooms, bathrooms, closets, and the like, or if
it contains more than 33 1/3% of the total
floor area of the room(s) onto which it opens.
39
structure. Anything constructed or
erected, which requ1res 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 3 for all
subdivision definitions.
Substantial Remodel. Removal of 50
percent or more of the exterior walls or
removal of 50 percent or more of supporting
members of a structure such as bearing walls,
columns, beams, or girders.
Tandem Parking. A group of two or more
parking spaces arranged one behind the other
where one 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
perm1t obtained in accordance w1th Subchapter
10C.
Theater. Any hall where live
entertainment is given or held as the
40
principal use, any establishment containing a
permanent stage upon which movable scenery and
theatrical appliances are used and where
regular theatrical performances are given.
Trailer. A vehicle without motor power,
designed to be drawn by a motor vehicle and to
be used for human habitatlon or for carrying
persons or property, including a mobilehome,
trailer coach or house trailer.
Trailer Court or Mobilehome Park. Any
area or tract of land used or designed to
accommodate one or more trailers in use for
human habitation with minimum facilities for
water, sewer, electr1clty, and laundry.
Tree. A plant having at least one well
defined stern or trunk and normally attaining a
mature height of at least 15 feet, with an
average mature spread of 15 feet, and having a
trunk that shall be kept clear of leaves and
branches at least six feet above grade at
maturlty.
15 Gallon Tree. A 15 gallon contalner
tree shall be no less than one 1nch callper
and at least six feet in height above grade at
the time of planting.
41
24 Inch Box Tree. A 24 1nch box tree
shall e no less than one and three-quarters
1nch caliper and at least seven feet in height
above grade at the time of planting.
Usable Open Space. Outdoor space which
15 specifically designed and constructed to be
occupied by and used by res1dents of the
dwelling units on a lot.
Use. The purpose or activity for which
land is zoned or a structure is 1ntended or
used.
Variance. A d1scretionary permit
obtained in accordance w1th Subchapter 10E.
Very Low Income Household. A household
whose gross annual income is between 0% and
50% of the median income of the Los Angeles-
Long Beach-Anaheim Primary Metropolitan
statistical Area (PMSA), as determ1ned
periodically by the u.s. Department of Housing
and Urban Development (HUD), adjusted for
household size.
Warehouse. A bU1lding, group of
bUlldings, or a portion of a bU1ld1ng used for
the storage of goods and materials.
Yard. An open space situated between lot
lines and not covered by buildings.
42
Yard, Front. A space extending the full
width of the lot between any building and the
front lot llne, and measured perpendicular to
the building at the closest point to the front
lot line. The front yard shall be unoccupied
and unobstructed from the ground upward except
as may be permitted by this Chapter.
Yard Sale. Any sale held for the purpose
of selling, trading, or otherwise disposing of
unwanted household furnishings, personal
goods, or other tangible properties under
control of the person holding such sale and
conducted in a res1dential district.
Yard, Side. _ A space extend1ng the full
depth of the lot between the principal
building and the slde lot line measured
perpendicular from the side lot line to the
closest point of the pr1ncipal bUlldlng. 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 prlnc1pal
building and the side lot line adjacent to a
public street rlght-of-way measured
perpendicular from the side lot line adjacent
43
to a public street right-of-way measured
perpendicular from the side lot line to the
closest point of the pr~ncipal building. The
street side yard shall be unoccup1ed and
unobstructed from the ground upward except as
may be 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 l1.ne to the
closest point of the pr1nc1pal building. The
rear yard shall be unoccupied and unobstructed
from the ground upward except as may be
permitted by this Chapter.
Zoning Ordinance. The Comprehens 1 ve Land
Use Ordinance of the City of Santa Mon1ca.
SECTION 2. Santa Monica Municipal Code section 9050.3 is
amended to read as follows:
SECTION 9050.3. Large Family Day Care
Homes. The purpose of these standards is to
ensure that large family day care homes
providing child care in res1dential districts
do not adversely impact the adjacent
neighborhood. While large family day care
homes are needed by res1.dents in this C1 ty 1
44
especially in close proxlmlty to their homes
in residential neighborhoods, the potential
traffic, noise and safety impacts of this use
should be regulated in the lnterest of nearby
residents and the children 1n the day care
facility. It is also the intent of this
Section to allow family day care homes 1n
residential surroundings to give children a
home environment which is conducive to healthy
and safe development. The following
performance standards shall apply to large
family day care homes:
(a) structures. A large family day care
home shall conform to all property development
standards of the zoning district in which it
is located unless otherwise provided 1n th1S
Sectlon.
(b) Noise. The operation of a large
family day care home shall comply with n01se
standards contained in the Santa Monica
Municipal Code, Chapter 3A, sections 4301-4314
(the "Noise Ordinance").
(c) On-site Parking. On-slte parking
for large family day care homes shall not be
required except for that required for the
residential building.
45
(d) passenger Loading. Curbside loading
shall be presumed adequate for drop-off and
pick-up of children. However, where the
Parking and Traffic Eng~neer, in evaluatlng a
particular large family day care home,
determines that curbside loading is not
adequate, the Park1ng and Traffic Eng1neer
shall approve a passenger loading plan.
(e) Lighting. Passenger loading areas
may be illuminated. If a passenger load1ng
area is illuminated, the lighting shall be
directed away from adjacent properties and of
an intensity compatible with the residential
neighborhood.
(f) state and Other Licensing. All
family day care homes shall be state licensed
and shall be operated accordlng to all
applicable state and local regulations.
(g) concentration of Uses. No more than
one large family day care home shall be
permitted within 100 linear feet of the front
or the rear property line of any existing
large family day care home or within 300
linear feet of either slde property line of an
existing large famlly day care home. The
Zoning Administrator may permit more than one
46
such home within 100 linear feet of the front
or rear or within 300 linear feet of either
side of another such home 1f the applicant
demonstrates one of the following:
(1) That any existing large family
day care home within 100 linear feet of the
front or the rear or within 300 linear feet of
the side of the proposed large family day care
home is at capacity.
(2) That the need exists for a
particular or unlque serVlce not provided by
any eX1sting large fam1ly day care home w1thin
100 11near feet of the front or the rear or
within 300 linear feet of the side of the
proposed large famlly day care home.
(h) No hear1ng shall be held on the
application for a perm1t pursuant to this
Section, nor shall the granting of a permit
pursuant to this Section be sUbJect to appeal.
This Section shall supersede any conflicting
sections, including section 9112.6 of this
Code. In addition, the finding set forth in
Section 9112.3 (c) is inapplicable to large
family day care homes.
47
SECTION 3. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to affect
the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the val1dity of the
remaining portions of the ordinance.
The City Council hereby
declares that it would have passed this Ordinance and each and
every section, subsection, sentence, clause or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 5.
The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance.
The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption.
This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
d~
JOSEPH' LA\lm:ENCE
ting City Attorney
City Attorney
48
EXHIBIT B
EXHIBIT B
CA:RMM:childsr2/wp
Planning commission Meeting 5-6-92
Santa Monica, Cal1fornia
STAFF REPORT
TO: Planning CommlSS10n
FROM: City Attorney
SUBJECT: Amendments to provisions of the Zoning
Ordinance Regulating Child Care
At its meeting on March 25, 1992, the Plann1ng commission
adopted the attached Resolution of Intent10n to Amend the Zonlng
Ordinance with regard to provisions regulating child care. Exhib1t
A to the proposed Resolution of Intention sets forth the proposed
modifications to the current Zon1ng Ordinance in bold. The current
language is lined through if it lS to be deleted and is 1n ordinary
type 1f it is to remain. The recommended changes are lntended to
rectify various inconslstencies with state law as identified in
Memorandum Opinion Number 92-3 (attached as Exh1bit C).
Staff recommends that the Planning commission adopt the
attached Resolution of Intention to Amend the Zon1ng Ord1nance with
one change. The following sentence should be added at the end of
Section 9050.3(i): "In add1.tlon, the finding set forth 1n section
9112.3(c) 1S inappllcable to large famlly day care homes." ThlS
sentence
15 necessary because this procedural requirement
applicable to other performance standard permits may not be
required of large family day care homes, pursuant to state law.
1
Exhibit B is attached to prov1de the Comm1ssion with some
background on the development of the City's Child Care Master Plan
and with some data on the need for child care.
PREPARED BY: Robert M. Myers, city Attorney
Laurie Lieberman, Deputy City Attorney
2
Exhibit A
The
following definitions contained
1n section 9000.3
pertaining to child care w1ll be modified to read as follows:
SECTION 9000.3. Definitions.
Child Day Care ~=~~== Facility. Any c~il~ ~~y C~~~ f~cili~y,
_.....M__ ....1.r..__ _ ~_.......:,..... ...J_.... ____ ........___ ........._.... ___"7' ~__ ____ ___.....__.....__
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__....J- _.....___....-=_..:__ ~__ ~\.-..__ _,..., ,..,h~i.r1.,...,..- +:__ ___-._..:::1_
..........."..... ~-l:'--'" .....-...-...... ......-..... ...1'-".... - -............."'... ....~4"\, ....................'-'1...... --...", .L............... 1:-"-...... ~_......-
, ___ .......1,...__ '""'III
"&"_-'_ __......~...... _"'"I
\..._......__ ___ ..;3_....
......--- - .t""'-.... ~......~
__...:3 ...1....___ +-\-..- _.....___
_....._ 1., ...._... _ \..-..."-...... ........... ~.Ii_.......
-~ -~--_...._~
_.&.. -1:""......'""".....-..
,.:]--~
.............._-.J
....._.... .......__..:...:J_
....&-"'" ..~-~--
-+-
....-
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.......1-....: '.-1 ....'] _.....-
...............a......""" lo...4.""""J
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~~y c~~~ f~~ili~~~c. A facility which provides nonmedical care to
children under 18 years of age in need of personal services,
supervision, or assistance essential for sustaining the activities
of daily living or for the protection of the individual on less
than a 24 hour basis.
Child day care facility includes day care
centers and family day care homes.
Day Care Center. Any child day facility other than a family
day care home, and includes infant centers, preschools, and
extended day care facilities.
Large Family Day Care Home. A home Wh1Ch provides family day
care to 7 to 12 ~~8i;~~tod ch1ldren ~~i:y/
~ - ~, ,,- , ..-
........_.....~........I. v......,
at anyone
time, including children under the age of 10 years who reside at
1
the horne, as defined in state regulations.
Small Family Day Care Home. A home whlch provides farnlly day
care to six or fewer
,.;:J__.".,..,_....._..:J
......._.......L."::'.....Io.4"""....."-"'-
chlldren d~ily at anyone time,
including children under the age of 10 years who reside at the
horne, as defined in state regulations.
The follow1ng provisions pertaining to large farnlly day care
homes will be modified to read as follows:
SECTION 9050.3. Large Family Day Care Homes. The purpose of
these standards is to ensure that large family day care homes
providing child care in residential dlstrlcts do not adversely
1mpact the adjacent ne1ghborhood.
\vh1le large fam1ly day care
homes are needed by res1dents in th1S city, especially in close
proximity to their homes in residential neighborhoods, the
potential traffic, n01se and safety impacts of this use should be
regulated in the interest of nearby residents and the children in
the day care facll1ty.
It 15 also the 1ntent of this section to
allow family day car8 homes in residentlal surroundings to give
children a home enVlronment which is conducive to healthy and safe
development.
The following performance standards shall apply to
large family day care homes:
(a) structures. A large family day care home shall conform
to all property development standards of the zonlng distrlct ln
which it is located unless otherWlse provlded in this Section.
11....\ ""........:1___ n'_". """___ ("'I......_~....____...,. .......1_'1:7 _...........:.........,....,___~ _k_'" __~
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2
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not cxcc~~ 42 inchoc,
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(b)
Noise.
The operation of a large family day care home
shall comply with noise standards contained in the Santa Monica
Municipal Code Chapter 3A,
Sections 4301-4314
(the IINoise
Ordinance").
(~) (c) On-site parking. On-site parklng for large famlly day
care homes shall not be requ1red except for that required for the
resldential building.
(0) (d)
Passenger Loading.
A driveway shall be considered
adequate for passenger loading.
However, where there is no
driveway, where alley access is to be utilized or where a residence
is located on a major arterial street, [T]the Parking and Traffic
Engineer shall approve a passenger loading plan.
(f) (e)
Lighting.
Passenger
loadlng areas
~t.._, ,
............,...............
may be
illuminated.
If a passenger loading area is illuminated, [T]the
lighting shall be directed away from adjacent propert1es and of an
intensity compatible with the residential neighborhood.
(g) (f) Outdoor Activity. For the purposes of noise abatement
3
in residential districts, organized outdoor actlvit1es may only be
conducted between the hours of 7:00 a.m. to 8:00 p.m.
(h) (g)
state and Other Licensing. All farn1ly day care homes
shall be state licensed and shall be operated according to all
applicable State and local regulat1ons.
( i) (h)
concentration of Uses. No more than one large family
day care home shall be permltted within 1,888 300 li~~~~
feet of
any other such home. The Zon1ng Adm1nistrator may perm1t more than
one such home wlthin 1,888 300 li~~~~ feet of any other such home
1f the applicant demonstrates one of the follow1ng:
(1) That any existing large famlly day care home w1th1n
, nnn
.....,_.......'1..1
300
.....:--....-
~ ~...&_-..-
feet 1S at capac1ty.
(2) That the need exists for a particular or unique
service not provided by any exist1ng large family day care home
within 1,888 300 li~~~~ feet.
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\ .J ,
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_ n__~~______ ~~__~__~_ n__~~~
...... ..1._____......................__ ~_................'\od..I-'l",A.., .L..............L...L.....
+=~~
....~...
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~~~
......--.......--........
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........_.........iI. ""'"
1~~ f~=~ ~~diu~ cf the ~itc.
m1,..,_ __P.... __ ..........._11
..........._ "1~1",....."""'''''''' o...:J.I-.l-..................
":__1""...:1_ ....'-_
....&...,."...&.'LA-'\04~ ..........._
~==~=== == ~~~ =i~~, the
n.J.turo
of opc~~~i~~1 ~~~
.....l...~ _~ _l........ ~+= ~.._l...
-.....- .- ~"=''''''' """ -.... ---....
__~..:~.:_...J _______ ....._ _____, ......1,..,...... ......J......_':....':__ ...._....:.1 ___..,.__... ..... ""1..._...........::__ \...._~___
............. -~- ~-- .t"-- --.... -- ........t-"'.t-"-......~ "--~-l-~ '-A__...........~............ 'LA....I........ ..L ""--"':1......-.... - ..... ......--...... ............."':j ~"-..........,......-
_ ..;1__': _.:: __ .: _ __ ~_ ...._ 1 ___ -. \... _...._.: __ ......_,...,,'I.'II__~_....:l 1.-...... +-'L-.._ ___, -: ___.....
..... "'"""--~----...... ......- "'~'I,A,-'''''' ~..........._........... ...... .a....-...................a.":J ..1..- ....-"':1------- -:1 -......- 1u4.!:"J:'~...&.-........,....-
~.....'\..~~
~_....._....
::.::~~:::'t::= pcrGon.
(i) No hearing shall be held on the application for a permit
pursuant to this Section, nor shall the granting of a permit
4
pursuant to this Section be subject to appeal. To the extent there
is a conflict, this section shall supersede section 9112.6 of this
Code.
claudia\child2
5
EXHIBIT C
"
EXHIBIT C
MEMORANDUM OPINION NUMBER 92-3
DATE: February 26, 1992
TO: Planning Commission
FROM: Robert M. Myers, City Attorney
Laurie Lieberman, Deputy City Attorney
SUBJECT: Zoning Ordinance provisions Regulating Child Care
1. Introduction.
On June 18, 1991, the City council unanimously adopted
Resolution Number 8242 (CCS) which adopted the Child Care Master
Plan for Santa Monica. The Child Care Master Plan was formulated
by representatives of the City in cooperation with the Santa
Monl.ca-Malibu Unified School District and santa Monica College. In
the "12 Point Action PlanU contained in the Master Plan, Point
Number 12 mandates that the City "create supportive land use and
housing policies and permit procedures."
Additionally, concerns have been expressed by members of the
public and the Planning Commission regarding the current Zoning
Ordinance provisions affecting child care facilities. This
memorandum will address the legal adequacy of the provisions
contained in the Zoning Ordinance. It will also make
recommendations for changes, where necessary, that promote the City
Council's articulated agenda recognizing the great need for child
care within the City and the necessity for creation of a favorable
climate for child care providers.
On December 31, 1987, in the context of the Planning
Commission's deliberations on one of the many drafts of the Zoning
Ordinance, this Office issued Memorandum Opinion Number 87-54 which
addressed many of the same concerns to be addressed herein.
Although that opinion is to a large degree still applicable, to
avoid confusion and to assure the commission that the regulations
are current, this memorandum has been prepared.
2. state Law Regarding Child Care Facilities.
In 1983, the state legislature formally recognized the growing
need for child care by adopting a regulatory scheme Which requires
that cities permit certain types of child care facilities. state
law contains very specific provisions regarding chiid care
facilities which severely limit the scope of local regulation in
this area. Child care facilities generally fall into two
1
categories: family day care homes and child care centers. Child
care centers are regulated by the California Health and Safety Code
commencing with section 1596.90. Family day care homes are
governed by the California Health and Safety Code commencing with
Section 1597.30.
A "child day care facilityll is defined in Health and Safety
Code Section 1596.750 as:
[A] facility which provides
nonmedical care to children under 18 years of
age in need of personal services, supervision,
or assistance essential for sustaining the
activities of daily living or for the
protection of the individual on less than a
24-hour basis. Child day care facility
includes day care centers and family day care
homes. (Emphasis added.)
A "day care center" is defined in Health and Safety Code
Section 1596.76 as:
. . . [A]ny child day facility other
than a family day care home, and includes
infant centers, preschools, and extended day
care facilities.
In enacting legislation regarding family day care, the
Legislature evinced its intent as follows:
It is the intent of the Legislature
that family day care homes for children must
be situated in normal residential surroundinas
so as to give children the home environment
which is conducive to healthy and safe
development. It is the public policy of the
state to provide children in a family day care
home the same home environment as provided in
a traditional home settinq.
The Legislature declares this policy
to be of Statewide concern with the purpose of
occupvina the field to the exclusion of the
municipal zonina. buildina and fire codes and
requlations qoverninq the-use or occupancy of
family day care homes for children except as
provided by this chapter. (Emphasis added.)
In addition, Health and Safety Code Section 1597.47 states:
The provisions of this chapter shall
2
not be construed to preclude any city, county,
or other local public entity from placina
restrictions on buildina heiahts. setback. or
lot dimensions of a family day care facilitv
as lona as such restrictions are identical to
those applied to other sinale-familv
residences. The provisions of this chapter
shall not be construed to preclude the
application to a family day care facility for
children of any local ordinance which deals
with health and safety, buildino standards.
environmental impact standards. or any other
matter within the ;urisdiction of a local
public entity. The provisions of this chapter
shall not be construed to prohibit or restrict
the abatement of nuisances or nuisance
abatement by a city, county, or city and
county. However, such ordinance or nuisance
abatement shall not distinguish family day
care facilities from other single-family
dwellings, except as otherwise provided in
this chapter.
A "family day care home" is defined in Health and Safety Code
Section 1596.78 as:
[A] home which regularly
provides care, protection and supervision of
12 or fewer children, in the provider's own
home, for periods of less than 24 hours per
day, while the parents or guardians are away,
and includes the following:
(1) "Large family day care home" which
means a home which provides family day care to
7 to 12 children, inclusive, including
children under the age of 10 years who reside
at the home, as defined in regulations.
(2) "Small family day care home" which
means a home which provides family day care to
six or fewer children, including children
under the age of 10 years who reside at the
home, as defined in regulations.
Health and Safety Code Section 1597.45 provides that the use
of a single family residence as a "small family day care homell
shall be considered a residential use for purposes of local
ordinances. It further provides that no local jurisdiction shall
impose any business license, fee, or tax for the privIlege of
operating a small family day care home. Thus, the City has
extremely limited discretion in regulating small family day care
3
homes.
The Health and Safety Code permits limited regulation of large
family day care homes. Health and Safety Code Section 1597.46
provides that no local entity may prohibit large family day care
homes on lots zoned for single-family dwellings. This section
allows a city to choose among three options for regulating large
faml1y day care homes. These options are:
(l)
use of
purposes.
Classify these homes as a permitted
residential property for zoning
(2) Grant a non-discretionary permit to
use a lot zoned for single family dwellings to
any large family day care home that complies
with local ordinances prescribinq reasonable
standards. restrictions, and requirements
~oncerninq soacina and concentration. traffic
control. oarkina and noise control and any
re~ulations adopted bv the state Fire Marshal.
Noise standards must be consistent with local
noise ordinances implementina the noise
element of the qeneral plan and shal.~ take
into consideration the noise level qenerated
bv children.
(3) Require any large family day care
home to apply for a permit to use a lot zoned
for single family dwellings. The zoning
administrator shall review and decide these
applications and grant the use permit if the
large family day care home complies with local
ordinances prescribing reasonable standards,
restrictions and requirements concerning
spacing and concentration, traffic control,
parking and noise control and any regulations
adopted by the State Fire Marshal. Noise
standards must be consistent with local noise
ordinances implementing the noise element of
the general plan and shall take into
consideration the noise level generated by
children. Notice is to be given to all owners
shown on the last equalized assessment roll as
owning property within a 100 foot radius of
the exterior boundaries of the proposed large
family day care home and no hearing on the
application shall be held unless a hearing is
requested by the applicant or other affected
person.
4
3. Analysis of Current Zoninq Ordinance Provisions.
with one eye on the City's goals in the area of child care and
the other on state law, the City's current Zoning Ordinance
provisions must be evaluated. The format for this section will be
to set forth the current Zoning Ordinance language, comment upon
it, and make a recommendation with regard to changes, if necessary.
Definition of Child Day Care Centers contained in Municioal
Code Section 9000.3.
Child Dav Care Center. Any child day care facility, other
than a family day care home, that provides care, protection, and
supervision for more than six children for periods less than 24
hours per day and where the owner or operator does not reside at
the child day care establishment. Child day care centers shall
include infant centers, preschools, nursery schools, and extended
day care facilities.
Comment: This section is lawful. However, the Zoning
Ordinance definition currently combines the state's definitions of
"child day care facili ty" and "day care center." It would make the
process less confusing if the Zoning Ordinance definitions
paralleled state law terms and definitions.
Recommendation: Modify the Zoning Ordinance to parallel State
law definitions. In other words, add a definition for "child day
care facility" and modify the definition of "day care center."
Definition of Larqe Familv Day Care Homes Contained in
Municipal Code Section 9000.3.
Larqe Family Day Care Home. A home which provides family day
care to 7 to 12 designated children daily, inclusive, including
children who reside at the home.
Comment: This definition should be modified so that it is
identical to the one provided by state law. The current definition
goes beyond state law in that rather than limit the number of
children being cared for at anyone time, it attempts to limit the
number of children in a family day care home on a daily basis.
State regulations do not allow this. Rather, they provide
that "capaci ty" means "the maximum number of children for whom care
is authorized at any one time." The state license then limits the
day care home's capacity, depending upon whether it is issued for
a large or small family day care home. In other words, the- maximum
number of children that can be cared for in a large family day care
home at one time is 12. However, care can be provided to more than
5
12 children in the course of a day. (See sections 102352 and
102416.5, Manual of Policies and Procedures, Family Day Care Homes
for Children, Division 12, state of California Department of Social
Services, July 1985.)
Recommendation: Modify the definition to read as follows:
A home which provides family day care to
7 to 12 children, inclusive, including
children under the age of 10 years who reside
at the home, as defined in regulations.
Definition of Small Family Dav Care Homes contained in
Municipal Code Section 9000.3.
Small Familv Dav Care Home. A home which provides family day
care to six or fewer-designated children daily, including children
who reside at the home.
Comment: The same comment applies here as for large family
day care homes above.
Recommendation: Modify the definition to read as follows:
A home which provides family day care to
six or fewer children, including children
under the age of 10 years who reside at the
home, as defined in regulations.
standards Applicable to Small Family Dav Care Homes.
with regard to small family day care homes, the zoning
Ordinance designates them as a permitted use in all residential
zone districts and imposes no additional requirements on such
homes. These provisions meet state law requirements.
Standards Applicable to Larqe Family Day Care Homes.
Large family day care homes are currently allowed with a
performance standards permit in all residential zone districts,
subject to two levels of appeal (first to the Zoning Administrator,
then the Planning Commission). This is permissible under State
law. However, there are other options available which should be
considered in light of recent experience and in light of the
recommendations of the Child Care Master Plan. These are discussed
below in the comments on Section 9050.3. (j).
The performance standards with which these homes must comply
are contained in Section 9050.3 and will be discussed below.
6
Section 9050.3. (a) Structures. A large family day care home shall
conform to all property development standards of the zoning
district in which it is located unless otherwise provided in this
section.
Comme~t: This provision appears to be consistent with state
law.
Recommendation: No change.
section 90S0.3.(b) Outdoor Plav Area. Stationary play equipment
shall not be located in required side yards.
Comment: This restriction does not appear to fall within the
areas in which a city is allowed to regulate. The City is allowed
to regulate noise, but within the context of the noise ordinance
and only insofar as consistent with the Noise Element of the
General Plan. This section is not consistent with the Noise
Ordinance nor with the Noise Element of the General Plan. The
Noise Ordinance sets forth allowable decibel levels for noise by
zone designation during various hours of the day. If a family day
care home were to exceed the allowable decibel level, it would be
violating the Noise Ordinance and the provider would be subject
either to abatement proceedings for creating a public nuisance or
to criminal prosecution.
The apparent reason that the Legislature inserted the sentence
requiring consistency with the noise ordinances and noise elements
was to keep cities from using "noise control" as a subterfuge for
interfering in areas which the state has pre-empted. One can
easily see how "noise control" could ultimately be used to justify
any number of restrictions. This is, however, not allowed by state
law.
Unless this is a regulation which the city also imposes on
other single family homes, this section is not lawful. It
arguably denies equal protection to allow a family who occupies a
single family home to locate outdoor play equipment in the side
yard, but not allow a large family day care home to do the same
thing.
Recommendation: Delete this section.
Section 9050.3. (c) Fences and Walls. For purposes of noise
abatement, a six food high solid fence shall be constructed on the
interior side property lines separating two residential parcels.
In the front yard, a fence or wall shall not exceed 42 ivches in
height on interior parcels. Materials, textures, colors, and
design of the fence or wall shall be compatible with on-site
development and adjacent properties. All fences shall provide for
7
safety with controlled points of entry.
Comment: The same comment as made with reference to Section
9050.3.(b) applies here. Additionally, with respect to fencing,
the state requires that n[o]utdoor play areas shall be either
fenced, or outdoor play shall be supervised by the licensee or
caregiver. California Code of Regulations, Title 22, Division 12,
Section 102427 (g) (6) . This would seem to evince an intent to
occupy the field on the part of the state.
Recommendation:
to read as follows:
Delete this section. Instead, add a section
The operation of the facility shall comply with noise
standards contained in Santa Monica Municipal Code Chapter 3A,
Sections_ 4301-4314 (the "Noise Ordinance").
Section 9050.3. (d) On-Site Parkina. on-site parking for large
family day care homes shall not be required except for that
required for the residential building.
Comment: This provision is consistent with state law.
Recommendation: No change.
section 9050.3. (e) passenqer Loadinq. The Parking and Traffic
Engineer shall approve a passenger loading plan.
Comment: This is one of the areas in which the City can
regulate. Arguments have been made that this provision may vest
too much discretion in the Parking and Traffic Engineer. In
addition, it appears, based on our limited experience, that
neighbors would prefer that driveways be used as much as possible,
rather than identified loading zones which make a residential
street begin to resemble a commercial area. In a number of
ordinances of other cities, this issue is not addressed at all
except where residences are located on major arterial streets, in
which case a drop-off/pick-up area designed to prevent vehicles
from backing onto the major arterial roadway is required.
Recommendation: Substitute the following language:
A driveway shall be considered adequate for passenger loading.
However, where there is no driveway, where alley access is to be
utilized or where a residence is located on a major arterial
street, the Parking and Traffic Engineer shall approve a passenger
loading plan.
Section 9050.3.(f) Liqhting.
Passenger loading areas shall be
8
illuminated. The lighting shall be directed away from adjacent
properties and of an intensity compatible with the residential
neighborhood.
Comment: This provlslon goes beyond State law in that it
treats family day care homes differently than single family
dwellings by applying commercial standards for lighting. The
application of restrictions or granting of extra allowances
ordinarily provided for commercial uses rathe~ than single family
uses runs afoul of State law.
It would appear to be appropriate for safety reasons to permit
lighting at a family day care home which would illuminate the
passenger loading areas, so long as it is of an intensity
compatible with the residential neighborhood. Therefore, this
provision should be revised to allow lighting in passenger loading
areas provided that it is of an intensity compatible with the
surrounding neighborhood. Otherwise, a family day care home should
be subject to the same lighting standards as single family
dwellings.
Recommendation: Permit lighting in passenger loading areas
provided that it is of an intensity compatible with the surrounding
neighborhood.
section 9050.3.(g) Outdoor Activitv. For the purposes of noise
abatement in residential districts, outdoor activities may only be
conducted between the hours of 7:00 a.m. to 8:00 p.m.
Comment: Technically, this type of restriction would be
better placed in the Noise Ordinance rather than in the Zoning
Ordinance. That point aside, it is arguable that regulation of
hours is consistent with the Noise Element of the General Plan, so
long as the restrictions are reasonable and are not more
restrictive than other uses which have their hours regulated for
purposes of noise control in residential districts. (Leaf blowers,
for example, are only allowed to be operated during certain
specified hours under provisions contained in the Noise Ordinance.
While it is difficult to see the parallels between children and
leafblowers, the principle is arguably applicable.)
Another concern has been identified regarding the effect of
these hour restrictions on drop-off and pick-up of children. To
address this problem, and to avoid any lack of clarity in this
section, it should be made clear that drop-off of children outdoors
and the like is not the same as "outdoor activity."
Recommendation: Insert the word "organized" after
"resident1al districts," and before the words "outdoor activities. II
9
Section 9050.3. (h) State and Other Li,censinq. All family day care
homes shall be State licensed and shall be operated according to
all applicable state and local regulations.
Comment: This provision is consistent with State law.
Recommendation: No change.
Section 9050.3. (i) Concentration of Uses. No more than one large
family day care home shall be permitted within 1,000 linear feet of
any other such home. The Zoning Administrator may permit more than
one such home within 1,000 linear feet of any other such home if
the applicant demonstrates one of the following:
(1) That any existing large family day care home within 1,000
linear feet is at capacity.
(2) That the need exists for a particular or unique service
not provided by any existing large family day care home within
1,000 linear feet.
Comment: This provision is of questionable legality. While
a concentration limit is clearly permissible, the 1,000 linear foot
limitation might not be considered "reasonable." The other cities
of which our office is aware have adopted concentration limits with
numbers ranging from 300 feet (Bell, Santa Fe Springs) to 450 feet
(South Pasadena). Others, such as the city of Los Angeles, have
not adopt~d any concentration limits at all.
Recommendation: Modify the 1,000 linear foot limit to a
number more in keeping w~th those utilized in other cities.
Section 9050.3. (j) Notification of Permits. Not less than 10 days
prior to the date on which the decision will be made on any
application for a Performance standards Permit for a large family
day care home, the city shall give notice to all property owners
and tenants within a 100 foot radius of the site. The notice shall
include the address of the site, the nature of operation, and the
right of such notified person to appeal the decision and request a
hearing before the Zoning Administrator. No hearing on the
application for a permit issued pursuant to this section shall be
held before a decision is made unless a hearing is requested by the
applicant or other affected person.
10
Comment: The options under discussion are as follows:
Options Permissible
Under state Law
Santa Monica's Current
Zoning Ordinance
Recommended
Option
(1) Permitted Use
(2) Nondiscretionary permit
subject to local ordinances
prescribing reasonable
standards concerning spacing
and concentration, traffic con-
trol, parking, and noise control.
(Performance Standards Permit
with no hearing and no appeal)
(3) Use permit subject to same
standards as Option #2.
(Performance Standards Permit
with hearing and appeal rights)
xxx
xxx
Option #3 creates a very long and burdensome process for a child
care provider while offering a misleading Uopportunity" for
neighbors. Meanwhile, the standards a large family day care home
must meet under option #2 are exactly the same as those under
option #3. In other words, the difference is that two hearings may
be held and considerable time may pass as well as substantial
expense incurred under Option #3, despite the fact that the input
offered in the hearings cannot effect the outcome so long as the
performance standards are met. option #1, on the other hand, does
not give the City the opportunity to establish any standards for
the use at all. Since there are some areas in which the city is
reasonably concerned and is allowed to set standards pursuant to
state law, this option would be less preferable.
Recommendation: Modify the current procedure to provide a
nondiscretionary permit subject to specified standards without a
hearing (i.e., change from Option #3 to Option #2).
c:\wpfiles\laurie\childcar
11
ADD of, I-A
SEP i"2 159l
CA:RMM:lldOOOlb/wp
City council Meeting 9-22-92
Santa Monica, California
SUPPLEMENTAL STAFF REPORT
TO: Mayor and city Council
FROM: City Attorney
SUBJECT: Ordinance Amending the Santa Monica Comprehensive
Land Use and Zoning Ordinance Relating to Child
Care
The attached Ordinance Amending the Santa Monica Comprehensive
Land Use and zoning Ordinance Relating to Child Care, which is
Exhibit A to the above-referenced Staff Report, has been amended.
The ordinance has been amended to lncorporate the new numbering
system for the Municipal Code. No other changes have been made.
PREPARED BY: Joseph Lawrence, Acting City Attorney
II liD -1-. ~4
SEP 2 2 19n
lCA:RMM:lldOOOl/wp5.1
City Council Meeting 9-22-92
Santa Monica, California
ORDINANCE NUMBER
(City Council Series)
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 Monica Municipal
Code is amended to read as follows:
section 9.04.02.030.
Definitions.
The
following words or phrases as used in this
Chapter shall have the following meanings:
Accessory Building. A detached building
which is located on the same lot as the
principal building and is incidental and
subordinate to the principal building in terms
of both size and use.
Accessory Li vinq Quarters.
L1ving
quarters within an accessory building for the
sole use of persons employed on the premises
or for use by guests of the occupants of the
premises.
Such quarters shall not have
1
cooking facilities and shall not be rented or
used as a separate dwelling.
Accessory Use. A use of land or of a
building or a portion of the land or building
incidental and subordinate to the principal
use of the land or building and located on the
same lot as the principal use.
Act of Nature. A natural occurrence such
as an earthquake, flood, tidal wave, hurricane
or tornado which causes substantial damage to
buildings or property.
Altered Grade. A change in the elevation
of the ground surface from its natural state
due to grading, excavation or filling.
Arcade. A public passageway or colonnade
open along at least one side, except for
structural supports, usually covered by a
canopy or permanent roofing.
Art Gallery. A room or structure in
which original works of art or limited
editions of original art are bought, sold,
loaned, appraised, or exhibited to the general
public.
Artist studio. A room or structure in
which original works of art are created on
site. Living quarters for the artist may be
2
permitted provided the area devoted to living
quarters does not exceed 50% of the square
footage of the total studio space.
Attic. The area located above the
ceiling of the top story and below the roof
and not usable as habitable or commercial
space.
Auditorium. A building or room designed
to accommodate groups of people for meetings,
performances or events.
Automobile Center. A grouping of
individual automobile dealerships offering a
variety of automobile makes and models
proposed as a single development project.
Automobile Dealership. Any business
establishment which sells or leases new or
used automobiles, trucks, vans, trailers,
recreational vehicles, boats or motorcycles or
other similar motorized transportation
vehicle.s An automobile dealersh1p may
maintain an inventory of the vehicles for sale
or lease either on-site or at a nearby
location and may provide on-site facilities
for the repair and service of the veh1cles
sold or leased by the dealership.
3
Automobile Display Lot. Any property
used for the display, lease and sale of new or
used automobiles, light trucks, vans,
trailers, recreational vehicles, motorcycles,
boats or other similar vehicles.
Automobile Repair Facility. Any
building, structure, improvements or land used
for the repair and maintenance of automobiles,
motorcycles, and trucks including but not
limited to body, fender, muffler, or
upholstery work, oil change and lubrication,
painting, tire serV1ce and sales, or the
installation of CB radios, car alarms, stereo
equipment, or cellular telephones.
Automobile Sales Facility. See
Automobile Dealership.
Automobile S-torage Lot. Any property
used for short or long term parking of
vehicles for sale or lease at an automobile
dealership.
Automobile washing Facility. Any
building, structure, improvement or land
principally used for washing motor vehicles.
Automobile Rental Agency. Any business
establishment which rents or otherwise
provides motorized transportation vehicles on
4
a short-term basis typically for per10ds of
less than one month, and which maintains such
vehicles on-site or at a nearby location. For
the purpose of this Chapterl rental of trucks
exceeding one ton capacity or rental of other
heavy equipment shall constitute distinct uses
separate from an automobile rental agency.
Average Natural Grade. The average
elevation of the ground level of the parcel
surface in its natural state as measured from
the corners of the parcel. However, in
connection with development proj ects in the
Ocean Park Districts, average natural grade
shall have the same mean1.ng as "theoret1cal
grade," or "grade, theoretical."
Awning. A temporary shelter supported
entirely from the exterior wall of a building.
Awnings may be fixed or collapsible,
retractable I or capable of be1ng 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
42 inches in height.
Bar. An establishment w1th a "public
premises" liquor license and restaurants with
5
a liquor serving facility that is physically
separate from the dining area and 1S regularly
operated during hours not correspondlng to
food service hours.
Basement. The portion of a structure
below the finished first floor. A basement
shall be considered a story if the finished
first floor extends more than 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 individuals which does not
have more than four guest rooms and one
kitchen.
Bedroom. A private room planned and
intended for sleeping 1 separated from other
rooms by a door and accessible to a bathroom
without 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 1 housing, or enclosure of any
6
individual, animal, process, equipment, goods,
or materials of any kind or nature.
Building Bulk. The aggregate of three
dimensional forms making up a building.
Building Coverage. The horizontal area
measured within the perimeter of the exterior
walls of the ground floor or upper floors that
overhang the ground floor of all principal and
accessory buildings on a lot.
Building Height. The vertical distance
measured from the existing average natural
grade to the highest point of the roof.
However, in connection wi th development
projects in the Ocean Park Districts, building
height shall mean the vertical distance
measured from the theoretical grade to the
highest point of the roof.
Building Mass. Three dimensional forms,
the simplest of which are cubes, boxes,
cylinders, pyramids and cones. A bU1ld1ng 1S
rarely only one of these slmple forms, and is
generally a compos1te of these forms.
Building, Principal. A building in which
the principal use of the lot on which it is
located is conducted.
7
Building Size. The aggregate of building
mass and building bulk permitted on a lot
which is defined by height regulations,
setbacks, and other property development
standards.
canopy. A roof-like cover that projects
from the wall of a building for the purpose of
shielding a doorway, window or wall from the
elements.
change of Use. The establishment of a
different use from the previous use. A change
of ownership for contlnuatlon of an eXlstlng
use does not constitute a change of use.
Child Day Care Facility. A facility
which provides nonmedical care to children
under 18 years of age in need of personal
serV1ces, supervision, or assistance essential
for sustaining the activlties of dally living
or for the protection of the individual on
less than a 24 hour basis. Child day care
facility includes day care centers and family
day care homes.
Church. See Place of Worship definition.
cinema. A motlon picture theater where
the primary use is to show motion or video
pictures and to which admission is free or a
8
fee is charged, received or collected, either
by the sale of tickets or by any other means
or device by which money or something of value
is received or paid therefor.
Club. A group of people organized for a
common purpose to pursue common goals,
interests or activities and usually
characterized by certain membership
qualifications, payment of fees and dues,
regular meetings, and a constitution or by-
laws.
Common open Space. Usable open space
which is for the use of the residents of two
or more dwelling units.
Community Care Facility. Any facility,
place, or building which is maintained and
operated to provlde non-medical residentl.al
care, adult day care, or home finding agency
services for children, adults, or children and
adults including but not limited to the
physically handicapped, mentally impaired, or
incompetent persons, and includes the
following:
(1) "Residential Care Facility"
means any family home, group care facility for
24-hour non-medical care to persons 18 years
9
of age or older in need of personal services,
supervision, or assistance essential for
sustaining the activities of daily living or
for the protection of the individual.
(2) "Adult Day Care Facilityll means
any facility which provides non-medical care
to persons 18 years of age or older in need of
assistance essential for sustaining the
activities of daily living or for the
protection of the indivldual on less than a
24-hour basis.
Conditional Use Permit. A dlscretionary
permit obtained in accordance with Subchapter
10F, permitting the establishment of
particular uses in a zoning d1strlct.
Cultural Facilities. Museums, galleries,
theaters and the like, WhlCh promote
educational and aesthetlc 1nterest within a
community.
Day Care Center. Any child day facility
other than a family day care home, and
includes infant centers, preschools, and
extended day care facilities.
Drive-Through or Drive-In Restaurant. A
restaurant where customers may be served food
10
in their vehicles for consumption either on or
off the site.
Duplex. One structure on a single lot
containing two dwelling units, each of which
is functionally separated from the other.
Dwelling. A structure or portion thereof
which is used principally for resldential
occupancy.
Dwelling, Multi-Family. A dwelling
containing two or more dwelling units.
Dwelling, single-Family. A building
containing one dwelling unlt which contains
only one kitchen and which is located on a
permanent foundation.
Dwelling Unit. One or more rooms,
designed, occupied, or intended for occupancy
as separate living quarters, wlth 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 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
11
communication facilities as part of a system
for distribution of electric power where
electric energy is normally received at a sub-
transmission voltage and transformed to a
lower voltage, and/or produced at this lower
voltage in case a fuel cell is installed, for
distribution to the customer.
Facade.
building.
Fast-Food
The
exterlor
side of
a
or
Take-Out
Restaurant.
A
restaurant where customers purchase food at a
walk-up window or counter 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 basls of
incidental or occasional take-out sales.
Fence. A barrier of any material or
combination of materials functlonlng as an
enclosure or for screening.
Fence Height. The vertical distance
between the ground and top of a fence measured
from the existing grade. The height shall be
measured in a continuum at each point along
the fence.
12
Finished First Floor. The top of the
first floor of a structure which does not
extend more than 3 feet above the average
natural grade.
Floor Area. The total gross horizontal
areas of all floors of a building, including
usable basements below the roof and measured
from the interior face of exterior walls, or a
wall separating two buildings excluding:
(1) stairways and stairwells.
(2) Elevator's elevator equipment
rooms, and elevator shafts.
(3) Ramps to a subterranean or
semi-subterranean parking structure or ramps
between floors of a parking structure
providing the ramp does not accommodate
parking.
(4) Unenclosed decks, balconies,
and platforms not used for commercial or
restaurant activity.
(5) Exterior courtyards, arcades,
atria, paseos, walkways, and corridors whether
or not covered by a roof provlded they are not
used for commercial or restaurant activity.
13
(6) The volume above interior
courtyards, atria, paseos, walkways, and
corridors whether covered or not.
(7)
Subterranean
and
semi-
subterranean
exclusively
unloading.
parking
for parking
structures used
and loading and
(8) At grade parking not covered by
a building, structure, or roof.
(9) Loading docks open or covered
by a roof or canopy, but otherwise unenclosed
and used exclusively for loading and
unloading.
(10) Mechanlcal equipment rooms,
electrical rooms, telephone rooms, and similar
space if located below grade.
Floor area shall include those areas
occupied by the following:
(1)
Restrooms,
lounges,
lobbies, kitchens, storage areas, and interior
hallways and corridors.
(2) The floor area of inter10r
courtyards, atr1a, paseos, walkways, and
corridors covered by a roof or skylight.
(3) Covered at-grade parking.
(4) Above grade parking.
14
Floor area devoted to covered
at-grade parking shall be counted at two
thirds of the actual area if all of the
following conditions are met:
(1) The floor devoted to
parking does not exceed 10 feet in height.
(2) There 15 at least one
level of subterranean or seIDl-subterranean
parking provided on the lot.
(3) The at-grade and
above grade parking levels are screened from
view.
(4) There is no parking
on the ground floor within 40 feet of the
front property line.
(5) The des1gn of the
parking levels is compatlble wlth the design
of the building as determined by the
Architectural Review Board.
Floor Area Ratio (FAR). The floor area
of all buildings on a lot divided by the lot
area.
Game Arcade. Any place open to the
public in which there are four or more games
or amusements. These games or amusements
include but are not limited to, electronic,
15
video, and pinball machines, whether coin
operated or on free play.
Garage. An accessory building or portion
of a principal building for the parking or
temporary storage of automoblles of the
occupants or users of the prem1ses.
Garage, Subterranean. A structure wholly
or partly underground, the ceiling of which is
not more than two feet above the average
natural grade, except for openings for ingress
and egress.
General Retail. Businesses which are
engaged in selling goods or merchandise to the
general public and which provides services
incidental to the sale of such goods.
Grade, Theoretical. An imaginary line
from the midpoint of the lot on the front
property line to the midpoint of the lot on
the rear property line.
Grading. Any stripping, cutting, soil
removal, filling, or stockpillng of earth or
land.
Ground Cover. A lmv grow ing woody or
herbaceous plant with low, compact growth
habits which normally crawls or spreads, and
16
which forms a solid mat or dense cover over
the ground within two years of installation.
Mature heights of ground cover will usually
range from three inches to three 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 50 feet of the front
of the lot.
Habitable space. Space in a dwelling
unit for living, sleeping, eating, or cooking.
Bathrooms, closets, halls, storage or utility
space, and parking areas are not considered
habitable space.
Hardscape. An open area compr ised of
durable non-living materials including, but
not lirni ted 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.
Home Occupation. A home enterprise in a
residential dwelling unit incidental and
17
secondary to the use of the dwelling unit and
compatible with surrounding residential uses.
Home Occupation Permit. An
administrative permit obtained in accordance
with Subchapter lOB to allow a home
occupation.
Hospice. A facility that provides
residential living quarters for up to six
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 30 consecutive
days including, but not limited to, an
establishment held out to the public as an
apartment hotel, hostel, inn, time share
project, tourist court, or other slmllar use.
Household. Persons living together in a
single dwelling unit, with common access to,
and common use of all living and eating areas
and all areas and facilities for the
preparation and storage of food vii thln the
dwelling unit.
Incidental Food Service. Any building,
room, space, or portion thereof where food is
18
sold at retail where less than 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 within a
building intended to be used for cooking or
preparing food.
Landscaped Area. The area within the
boundaries of a glven lot which consists of
living plant materlal including, but not
limited to, trees, shrubs, woody and
herbaceous ground covers, grass, flowers,
vines, irrigation systems, and other design
features commonly used in landscaping, but not
including walkways, driveways, patios, and
other landscape features that use smooth
concrete or asphalt.
Large Family Day Care Home. A home which
provides family day care to 7 to 12 children
at anyone time, including children under the
age of 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,
19
repairing, servicing or processing products
where the nature of the operation lS not
obnoxious or offensive by reason of emission
of odor, dust, noxious gas, n01se, vibratlon,
glare, heat or other adverse environmental
impacts.
Living Area. The interior habitable area
of an existing prlTIcipal dwelling unit
including basement and shall not lnclude a
garage.
Living Quarters. A structure or portlon
thereof which is used principally for human
habitation.
Loadinq 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 is between 51% and 80% of
the median income of the Los Angeles-Long
Beach-Anaheim Primary Metropol1tan Statistical
Area (PMSA), as determined periodically by the
u.s. Department of Housing and Urban
20
Development (HUD), adjusted for household
size.
Manufactured Housing. A residentlal
structure built off-site and moved to a
designated site for placement on a permanent
foundation.
Mezzanine. An intermediate level without
walls or partitions, placed in any story or
room and open to the space below. When the
total area of any such mezzanine floor exceeds
33 1/3 percent 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 7 feet. No more
than one continuous mezzanlne may be permitted
in anyone room. A mezzanine shall be
considered a loft.
Middle Income Household.
A household
whose gross annual income is 100% of the
median income of the Los Angeles-Long Beach-
Anaheim Metropolitan statistical Area (PSMA),
as determined periodically by the U. S.
Department of Housing and Urban Development
(HUD) adjusted for household size.
Mini-Mart. A small retail store selling
commonly purchased groceries, fast-foods,
21
household goods, and impulse items, and
located on the same lot as a serV1ce station
or operated in conjunction with a service
station with common parking.
Minor Repair of Vehicles. Transmission,
muffler, and radiator work, lubrication,
repair of brakes, generators, water pumps,
batteries, and other minor components,
replacement of wiper blades, fuses, radiator
caps, lamps, and other minor accessories,
changing, and mounting of tlres, wheel
alignment, tune-up, minor electrical repairs,
and similar repairs and services. Minor
repair of vehicles shall not include repairs
that cause environmental nuisances including
but not limited to eng1ne and drive train
overhaul, auto dismantling, body and fender
work, welding, repalr of tops, seat covers,
and upholstery, auto glass work, painting,
rebuilding batteries, tire recapping or
retreading, and similar work.
Mixed Use Development. The development
of a lot or building with two or more
different land uses such as, but not limited
to a combination of residential, office,
manufacturing, retail, public, or
22
entertainment in a single or physlcally
integrated group of structures.
Hobilehome 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-Anaheim Primary Metropolitan
statistical Area (PMSA), as determined
periodically by the u.s. Department of Housing
and Urban Development (HUD), adjusted for
household size.
Motel. An establishment providing
transient accommodations contalning six or
more rooms with at least 25% of all rooms
having direct access to the outside without
the necesslty of passing through the main
lobby of the bU1lding.
Neighborhood Grocery story. Any small
market not exceeding 3,000 square feet of
floor area selling a full range of food
products including meat, dairy, vegetable,
fruit, dry goods, and beverages.
Net Residential Area. An area of land
zoned for residential uses exclusive of public
streets or land dedicated for streets but
23
including the area to the center llne of a
rear alley.
Night Club. An establishment which
primarily offers live entertainment or dancing
and which may serve food or beverages.
Nonconforming Building or structure,
Legal. A structure, the size, dimension, or
location of which were lawful prior to the
effective date of this Chapter or any
amendment thereto, but which falls to conform
to the present requirements of the zoning
district.
Nursing Home. A facility licensed to
provide full-time convalescent or chronic care
to individuals who, by reason of advanced age,
chronic illness, or infirmity are unable to
care for themselves.
Off-site Hazardous Waste Facility. An
operation involving handling, treatment,
storage, or disposal of a hazardous waste in
one or more of the following situations:
1. The hazardous waste is
transported via commercial railroad, public
owned road or public waters, where adjacent
land is not owned by or leased to, the
producer of the waste.
24
2. The hazardous waste lS at a site
which is not owned by or leased to, the
producer of the waste.
3. The hazardous waste is at a site
which receives 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 72 hours.
overlay District. A zoning designation
specifically delineated on the District1ng Map
establishing land use requlrements that govern
in addition to the standards set forth in the
underlying residential, commercial or
industrial district.
Parabolic Antenna. An accessory
structure of any shape, includlng the main
dish and covering, feedhorn, low noise
amplifier, structural supports and all other
components thereof, which transmi ts and
receives electromagnetic waves by line of
sight.
1. Groundmounted Dish Antenna. A
parabolic antenna, the entire we1ght of which
is supported by an approved platform,
25
framework, pole, or other structural system,
which systeM is affixed directly on or in the
ground by a foundation and which system is
freestanding, excluding lateral bracing to a
building.
2. Height. The vertical distance
between the highest point of an antenna when
actuated to its most vertical position and
grade below, for a groundmounted dish antenna,
and to the roof below for a roofmounted dish
antenna.
3. Microwave Relay Antenna. A
transmittlng and receiving antenna, tYP1cally
disc or double convex shaped W1 th no active
element external to the disc, that
communicates by Ilne of sight with another
similar antenna.
4. Reasonable Functional Use. That
positioning of a parabolic antenna which
permits substantially unobstructed line of
sight with geosynchronous orbiting satellites
from or to which the dish antenna recelves or
transmits electromagnetic waves.
5. Roofmounted Dish Antenna. A
parabolic antenna, the entire welght of which
is supported by a build1ng through the use of
26
an approved framework or other structural
system, which system is affixed to one or more
structural members of the floor of the
building or to any structural portion of the
building above the roofline.
6. Satellite Earth station Antenna.
An
antenna
that
receives
or
transmits
communications by line of sight with a
geosynchronous orbit1ng satelllte.
7. Screening. The effect of
locating a parabollc antenna behind a building
wall, fence, landscaping, berm, and/or other
specially designed device so that view of the
dish antenna from adjoining and nearby public
street rights-of-way and private properties is
precluded or minimized to the extent
reasonable.
8.
TVRO Antenna.
TelevlSlon
receiving only antenna.
Parapet. A low wallar railing not
exceeding 42 lnches above the roof and along
its perimeter.
Parcel. A portion of land separated from
other portions of land by legal description,
sa on a subdivision or record of survey map,
or by metes and bounds. Parcel shall also
27
property lines of a parcel, excluding
street or alley right-of-way.
Parcel, Corner. A parcel
abutting two or more streets
of
at
land
their
intersection, or upon two parts of the same
street forming an interior angel of less than
135 degrees.
Parcel Coverage. That portion of the
parcel that lS covered by buildings and
structures. Parcel coverage shall include
that area of the parcel directly below any
upper level of a building or structure that is
cantilevered beyond the edge of the first
level of the building or structure.
Parcel Depth. The distance measured from
the front parcel line to the rear parcel line
as per the legal descript10n 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.
28
Parcel Frontage. The width of the front
parcel line measured at the street right-of-
way.
parcel, Key. The first lnterior parcel
to the rear of a reversed corner parcel and
not separated therefrom by an alley.
Parcel Line. A line of record bounding a
parcel which divides one parcel from another
parcel or from a public or private street or
any other public space.
Parcel Line, Front. The parcel llne
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 parcell a line
ten feet in length ent1rely within the parcel,
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.
29
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 parallel streets or which fronts upon
two streets which do not intersect at the
boundaries of the parcel.
Parcel width. The horlzontal distance
between the side lines of a parcel measured at
right angels to its depth along a straight
line parallel to the front parcel line at the
street or public right-of-way that lS
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 furnlture.
(b) Design amenities related to the
street level such as awnings,
paseos, arcades.
(c) Visibility into buildings at the
street level.
30
(d) Highly art1culated facades at the
street level with interesting uses
of material, color, and
architectural detailing.
(e) Continuity of the sidewalk with a
minimum of intrusions into the
pedestrian right-of-way.
(f) Continuity of building facades along
the street with few interruptions in
the progression of bUlldlngs and
stores.
(g) Signage oriented and scaled to the
pedestrlan rather than the motorist.
(h) Landscap1ng.
Pedestrian Oriented Use. A use which 15
intended to encourage walk-in customers and
which generally does not limit the number of
customers by requiring appointments or
otherwise excluding the general public. A
pedestrian oriented use may suggest or require
appointments for services when primarily for
the convenience of the customer, such as
reservations with restaurants, beauticians or
optometrists to avoid being turned away due to
unavailability.
31
Penthouse. A structure not exceeding 14
feet in height located on the roof of a
building used for the purpose of sheltering
mechanical equipment or vertical shaft
openings in the roof.
Performance Standards Permit. An
administrative permit obtained in accordance
with Subchapter lOD.
Permitted Use. Any use allowed in a
Zoning district and subJect to the
restrictions applicable to that Zoning
district.
Place of Worship. A building or
structure, or groups of buildings or
structures, which by design and construction
are primarily intended for conducting
religious services and accessory uses
associated therewith.
Planning commission. The seven member
body responsible for carrying out functions
with respect to planning and zoning as may be
prescribed by this Article.
Porte Cochere. A roofed structure
extending from the entrance of a building over
an adjacent driveway, the purpose of which is
32
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 primary or
predominant use of any site.
Photocopy Shop. An establishment that
reproduces or prints documents. A print shop
shall be considered to be the same as a
photocopy shop.
private Club or Lodge. A buildlng and
related facilities owned or operated by a
corporation, association, or group of
individuals establlshed for the fraternal,
social, educational, recreational, or cultural
enrichment of its members and not primarily
for profit, and whose members meet certain
prescribed qualifications for membership and
pay dues. A pr1vate club or lodge does not
include a facility where the principal
membership requirement is payment of a
membership or admission fee.
33
Private Tennis Court. A tennis court
which is used for non-commercial purposes by
the owner of the property or their guests.
PUblic Land. Any government owned land,
including but not limited to public parks,
beaches, playgrounds, trails, paths, schools,
public buildings, and other recreational areas
or public open spaces.
Public utility Service Center and Service
Yard. Any building or property used for the
administration of public utility repair,
maintenance, and installation crews,
warehouse, storage yard or maintenance garage
including vehicle parking of a public utility.
Recreational Building. Incidental park
structures such as restrooms and maintenance
facilities, community rooms, locker rooms and
showers servicing persons using the beaches or
ocean, playing courts, playgrounds, picnic
areas, public swimming pools.
Residential Care Facility. A group
housing arrangement chosen voluntarily by
residents over 60 years of age, but also
including persons under 60 with compatible
needs, who are provided varying levels and
intensities of care and supervision or
34
personal care, based upon their varying needs,
as determined in order to be admitted and
remain in the facility.
Residential Use. One or 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 15 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 supervislon for 24
or more consecutive hours to two or more
patients who are not related to the governing
authority or its members by marriage, blood,
or adoption.
Roof. That portion of a building or
structure above walls or columns that shelters
the floor area or the structure below.
Sanitarium. An institut10n for the
treatment of persons with chronic and usually
long term illnesses.
secondary window.
bedroom, bathroom,
Window
serving a
stairway,
kitchen,
35
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
customers rent or lease,
operation
and have
where
direct
access to, indiv1dual storage areas,
compartments, or rooms within a larger
structure or structures provided for storage
use.
senior Citizen.
An individual 62 years
of age or more.
Senior Group Housing. A building or
buildings, including a slngle family dwelling,
that provides residence for a group of senior
citizens with a central kltchen and dlning
facilities and a separate bedroom or private
living quarters.
service station. Any establlshment whose
primary function is the retail sale of
petroleum products and vehicle accessories
normally associated with this use, and shall
include those service stations providing full-
service or self-service stations.
36
Setback.
The distance between the lot
line and a building not including permitted
projections.
Shelter for the Homeless. A residential
facility operated by a "providerll, other than
a "community care facility" as defined in
California Health and Safety Code Section
1502, which provides temporary accommodations
to homeless persons and/or families and which
meets the standards for shelters contained in
Title 25, California Administrative Code,
Part I, Chapter F, Subchapter 12, Sectlon
7972. The term "temporary accommodations II
means that a homeless person or family will be
allowed to reside at the shelter for a time
period not to exceed SlX (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 organizations to provide,
emergency or temporary shelter for the
homeless, and which meets the standards set
forth in Section 9050.14.
Shrub. A plant with a compact growth
habit and branches coming from the base of the
plant. Mature heights of shrubs may vary from
37
one foot to 15 feet depending on their species
and landscape application.
Sidewalk Cafe. Any outdoor dining area
located in any public sidewalk or rlght-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
adjacent lot.
sinqle Room occupancy. A housing unit
which is contained within a residentlal hotel,
rooming house, hotel, or motel where the unit
does not contain either pr1vate food
preparation or sanitary facillties.
site. Any plot or lot of land or
combination of contiguous lots of land.
Skylight. That portion of a roof which
is glazed to admit light, ad the mechanical
fastening required to hold the glazing,
including a curb not exceeding 10 inches in
height, to provide a weatherproofing barrier.
Small Family Day Care Home. A home which
provides family day care to six or fewer
38
children at anyone time, including children
under the age of 10 years who reside at the
home, as defined in State regulations.
Solar Energy system. Any solar collector
or other solar energy dev1ce, 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 coollng, water
heating, or electricity.
Specialty Office. Uses intended to
provide a service without requirlng an
appointment such as travel agencies, real
estate offices and insurance agencies.
story. That portlon of a bU1ld1ng
included between two consecut1ve floors of a
building. A basement shall not be consldered
a story if the finished first floor does not
exceed 3 feet above the average natural grade
of the lot. An unfinished attic shall not be
considered a story. A mezzanine shall be
considered a story if it is not open to the
floor below, if it contains any enclosed
rooms, bathrooms, closets, and the like, or if
it contains more than 33 1/3% of the total
floor area of the room(s) onto Wh1Ch it opens.
39
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 3 for all
subdivision definitions.
substantial Remodel.
Removal of 50
percent or more of the exterior walls or
removal of 50 percent or more of supporting
members of a structure such as bearing walls,
columns, beams, or girders.
Tandem Parking. A group of two or more
parking spaces arranged one behind the other
where one space blocks access to the other
space.
Temporary structure. A structure without
any foundation or footing and WhlCh 15 removed
when the designated time period, activity, or
use for which the temporary structure was
erected has ceased.
Temporary Use Permit. An administrative
permit obtained in accordance with Subchapter
10C.
Theater.
entertainment
Any hall where live
is given or held as the
40
principal use, any establishment containing a
permanent stage upon which movable scenery and
theatrical appliances are used and where
regular theatrical performances are given.
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 traller.
Trailer Court or Mobilehome Park. Any
area or tract of land used or designed to
accommodate one or more trailers in use for
human habitation with minimum facilities for
water, sewer, electricity, and laundry.
Tree. A plant having at least one well
defined stem or trunk and normally attaining a
mature height of at least 15 feet, wlth an
average mature spread of 15 feet, and having a
trunk that shall be kept clear of leaves and
branches at least six feet above grade at
maturity.
15 Gallon Tree. A 15 gallon conta1ner
tree shall be no less than one lnch callper
and at least six feet in height above grade at
the time of planting.
41
24 Inch Box Tree.
A 24 inch box tree
shall e no less than one and three-quarters
inch caliper and at least seven feet 1n helght
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 dlscretionary permit
obtained in accordance with Subchapter 10E.
Very Low Income Household. A household
whose gross annual income is between 0% and
50% of the median income of the Los Angeles-
Long Beach-Anaheim Primary Metropolitan
Statistical Area (PMSA), as determined
periodically by the u.s. Department of Housing
and Urban Development (RUD), adjusted for
household size.
Warehouse. A building, group of
buildings, or a portion of a building used for
the storage of goods and materials.
Yard. An open space situated between lot
lines and not covered by buildings.
42
Yard, Front. A space extending the full
width of the lot between any building and the
front lot line, and measured perpendicular to
the building at the closest point to the front
lot line. The front yard shall be unoccupied
and unobstructed from the ground upward except
as may be permitted by this Chapter.
Yard sale. Any sale held for the purpose
of selling, trading, or otherwise disposing of
unwanted household furnishings, personal
goods, or other tangible properties under
control of the person holding such sale and
conducted in a residential dlstrict.
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 build1ng. 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 extendlng the
full depth of the lot between the principal
building and the side lot line adJacent to a
public street right-of-way measured
perpendicular from the side lot line adjacent
43
to a public street right-of-way measured
perpendicular from the side lot line to the
closest point of the principal building. The
street side yard shall be unoccupied and
unobstructed from the ground upward except as
may be 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 unoccupled 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 Monlca.
SECTION 2. Santa Monica Municipal Code section 9.04.12.030 is
amended to read as follows:
SECTION 9.04.12.030. Large Family Day
Care Homes. The purpose of these standards
is to ensure that large family day care homes
providing child care in residential districts
do not adversely impact the adJacent
neighborhood. While large famlly day care
homes are needed by residents in this City,
44
especially in close proximity to their homes
in residential neighborhoods, the potential
traffic, noise and safety impacts of this use
should be regulated in the interest of nearby
residents and the children ln the day care
facility. It is also the intent of this
section to allow family day care homes in
residential surroundings to give children a
home environment which is conducive to healthy
and safe development. The following
performance standards shall apply to large
family day care homes:
(a) structures. A large family day care
home shall conform to all property development
standards of the zoning district in which 1t
is located unless otherwise provided in th1S
section.
(b) Noise. The operation of a large
family day care home shall comply with noise
standards contained in the Santa Monica
Municipal Code, Chapter 3A, Sectlons 4301-4314
(the I1Noise Ord1nance").
(c) On-Site Parking. On-slte parking
for large family day care homes shall not be
required except for that required for the
residential buildlng.
45
(d) Passenger Loading. Curbside loading
shall be presumed adequate for drop-off and
pick-up of children. However, where the
Parking and Traffic Engineer, in evaluating a
particular large family day care home,
determines that curbside loading is not
adequate, the Parking and Traffic Engineer
shall approve a passenger loading plan.
(e) Lighting. Passenger loading areas
may be illuminated. If a passenger loading
area is illuminated, the llghting shall be
directed away from adjacent properties and of
an intensity compatible with the residential
neighborhood.
(f) state and Other Licensing. All
family day care homes shall be state licensed
and shall be operated accordlng to all
applicable state and local regulatlons.
(g) concentration of Uses. No more than
one large family day care home shall be
permitted within 100 linear feet of the front
or the rear property line of any eXlsting
large family day care home or within 300
linear feet of either slde property line of an
existing large family day care home. The
Zoning Administrator may permit more than one
46
such home within 100 linear feet of the front
or rear or within 300 linear feet of either
side of another such home if the applicant
demonstrates one of the following:
(1) That any existing large family
day care home within 100 linear feet of the
front or the rear or within 300 linear feet of
the side of the proposed large family day care
home is at capacity.
(2) That the need exists for a
particular or unique service not provided by
any existing large family day care home within
100 linear feet of the front or the rear or
within 300 linear feet of the side of the
proposed large family day care home.
(h) No hearing shall be held on the
application for a permit pursuant to this
Section, nor shall the granting of a permit
pursuant to this section be subject to appeal.
This Section shall supersede any conflicting
sections, including Section 9112.6 of this
Code. In addition! the finding set forth in
Section 9112.3 (c) lS inapplicable to large
family day care homes.
47
SECTION 3. Any provision of the Santa Monlca 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 affect
the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the valid~ty of the
remaining portions of the ordinance.
The Clty Council hereby
declares that it would have passed this Ordinance and each and
every section, subsection, sentence, clause or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 5.
The Mayor shall slgn and the City Clerk shall
attest to the passage of this Ordinance.
The Cl ty Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption.
This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
~~
J~PH ~W~ENCE
Acting city Attorney
48