SR-8A (29)
CA: f:atty\muni\strpts\privopen. 2nd
City Council Meeting 9-13-94
8A
,,'
, .
-
Santa Monica, California
SEP 1 3 1994
TO: Mayor and Clty Council
FROM: City Attorney
SUBJECT: An Ordinance of the city Council of the City of Santa
Monica to Establish Private Open Space Requirements in
Multi-Family Residential Developments in Multi-Family
Residential Districts and in Non-Residential Districts
INTRODUCTION
At its meeting on August 9, 1994, the city Council introduced for
first reading an ordinance establishing private open space
requirements in multi-family residential developments in multi-
family residential districts and in non-residential districts. The
ordinance is now presented to the City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance be
adopted.
Prepared by:
Marsha Jones Moutrie, City Attorney
Cesar A. Bertaud, Deputy city Attorney
~
~ .
SS1A.
1
1
'"
':
..
cA:atty\muni\laws\cesar\pr~vopen.2nd
city Counc~l Meet~ng 9-13-94
Santa Mon1ca, Ca11fornla
ORDINANCE NUMBER 1767
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA
TO ESTABLISH PRIVATE OPEN SPACE REQUIREMENTS
IN MULTI-FAMILY RESIDENTIAL DEVELOPMENTS IN
MULTI-FAMILY RESIDENTIAL DISTRICTS AND
IN NON-RESIDENTIAL DISTRICTS
rUE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLOWS:
SECTION 1. Findinqs and purpose. The Clty Council finds
and declares:
A. The follow1ng amendments to the city
of Santa Monica Comprehenslve Land Use and
Zon~ng Ordinance are conslstent ln principle
wlth the goals, objectlves, policies, land
uses, and programs speclfled ln the adopted
General Plan, WhlCh calls for measures wh1ch
would improve the quallty of llfe for all
resldents of the City.
These amendments
create
fleXlble
20nlng
requlrements
to
1
r
fac1litate the provlS1on of pr1vate open space
and 11ght and alr in new rnult1-family
developments ln multi-faml1y zon1ng districts
currently lacklng requirements for useable
open space and establish identical standards
for multl-famlly developments 1n non-
residential zonlng dlstricts ln order to
enhance and protect the quality of llfe for
the residents of the City.
B. The publlC health, safety and general
welfare requlre the adoption of these
amendments to the Comprehensive Land Use and
Zoning Ordinance, ln that they establish
consistency in the private open space
requirements for multi-famlly residential
developments throughout the city, thereby
ensuring sound plannlng and protecting light
and air in such developments.
~
SECTION 2. Sectlon 9.04.02.030 of the Santa Monica Municipal
Code is amended to read as follows:
2
~
..
SECTION 9.04.02.030. Definitions. The following
words or phrases as used ln thlS Chapter shall have the
following meanlngs:
Accessory Building. A detached bui Iding which is
located on the same lot as the Princlpal bUl1ding and is
incidental and subordinate to the princlpal bUl1ding ln
terms of, both Slze and use.
Accessory Living Quarters. Liv1.ng quarters with~n 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 cooklng
faCl1itles 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 princlpal use of the land or building
and located on the same lot as the prlncipal use.
Act of Nature. A natural occurrence such as an
earthquake, flood, tidal wave, hurricane or tornado WhlCh
causes substantlal damage to buildIngs or property.
Affordable Housing project. Houslng In which One
Hundred Percent (100%) of the dwelllng unlts are
deed-restrIcted or restrIcted by an agreement approved by
the city for occupancy by low or moderate lncome
households.
Such
proJects
may
also
lnclude
non-residential uses, as long as such uses do not exceed
3
Thirty-Three Percent (33%) of the floor area of the total
proJect.
Altered Grade. A change ~n the elevat10n of the
ground surface from lts 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 ln WhlCh original
works of art or llmlted edlt10ns of orlg1nal art are
bought, sold, loaned, appraised or exhibited to the
generq.L public.
Artist studio. A room or structure in which original
works of art are created on-site. Livlng quarters for
the artist may he permltted provlded the area devoted to
living quarters does not exceed Fifty Percent (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 buildlng or room designed to
accommodate groups of people for meetlngs, performances
or events.
Automobile Center. A grouping of ~ndividual
automobile dealerships offering a variety of automobile
makes and models proposed as a slngle development
4
project.
Automobile Dealership. Any business establishment
which sells or leases new or used automobiles, trucks,
vans I trailers, recreat1.onal vehicles, boats or
motorcycles or other sirn~lar motorized transportation
vehicles. An automobl1e dealership may mainta~n an
inventory of the vehicles for sale or lease either
on-site or at a nearby locatlon and may provide on-site
facilities for the repalr and serVlce of the vehicles
sold or leased by the dealership.
Automobile Rental Agency. Any buslness establlshment
which rents or otherwise provides motorized
transportation vehicles on a short-term basls typ~cally
for periods of less than one (1) month, and which
malntains such vehlcles on-slte or at a nearby locatlon.
For the purpose of thls Chapter, rental of trucks
exceedlng one ton capaCl ty or rental of other heavy
equipment shall constl tute dlstlnct uses separate from an
automobl1e rental agency.
Automobile Repair Facility. Any buildlng, structure,
improvements or land used for the repalr and rnalntenance
of automobiles, notorcycles and trucks lncluding, but not
limited to, body, fender, muffler or upholstery work, oil
change and lubrlcatlon, paintlng, tire serVlce and sales,
or the installatlon of CB radlos, car alarms, stereo
equipment or cellular telephones.
5
Automobile
Dealership.
Automobile storage Lot. Any property used for short
or long term parking of vehlcles for sale or lease at an
automobile dealership.
Automobile washing
structure, improvement or
washing motor vehicles.
Average Natural Grade. The average elevation of the
ground level of the parcel surface ln its natural state
as measured from the corners of the parcel. However, in
conne~tion with development proJects in the Ocean Park
Districts, average natural grade shall have the same
meaning as IItheoretlcal grade" or "grade, theoretlcal."
Awning. A temporary shelter supported entirely from
the exterlor wall of a build~ng. Awnlngs may be flxed or
collapsible, retractable or capable of belng folded
against the face of the supporting bUllding.
Balcony. A platform that proJects from the wall of
a buildlng and is surrounded on the exposed sldes by a
railing or wall up to forty-two (42) inches In height.
Bar. An establlshnent wlth a "public-premlses"
Sales
Facility.
See
Automobile
Facility. Any
land prlnc1pally
buildlng,
used for
liquor license and restaurants with a llquor servlng
facll1ty that is physically separate from the dining area
and is regularly operated during hours not corresponding
to food service hours.
6
Basement. The portion of a structure below the
flnlshed flrst floor. A basement shall be cons1dered a
story lf the fln1shed first floor extends more than three
(3) feet above the average natural grade.
Bed and Breakfast Facility. A bUl1dlng or portion of
a building used as a temporary lodg1ng place for
individuals which does not have more than four (4) guest
rooms and one (1) kitchen.
Bedroom. A private room planned and intended for
sleeping, separated from other rooms by a door and
acces5~ble to a bathroom w~thout crosslng another
bedroom.
Boarding House. A res1dential bU1lding with common
cooking and eatlng facillties where a room or any portion
of a room 1S 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, houslng or
enclosure of any individual, anlmal, process, equipment,
goods or materials of any kind or nature.
Building Bulk. The aggregate of three dimensional
forms making up a bUlldlng.
Building Coverage. The horlzontal area measured
wlthin the perimeter of the exterior walls of the ground
floor or upper floors that overhang the ground floor of
all princlpal and accessory bUlldlngs on a lot.
7
Building Height. The vertlcal dlstance measured from
the eXlst1ng average natural grade to the highest point
of the roof. However, ln connection I.-nth development
projects ln the Ocean Park Dlstricts, bU1lding height
shall mean the vertlcal distance measured from the
theoretlcal grade to the highest point of the roof.
Building Mass. Three dimenslonal forms, the simplest
of which are cubes, boxes" cyl1nders, pyramids and
cones. A building is rarely only one (1) of these slmple
forms, and is generally a composlte of these forms.
Building, principal. A bU1ldlng ln which the
principal use of the lot on WhlCh lt 1S located 1.S
conducted.
Building Size. The aggregate of bUl1ding mass and
bU1lding bulk perm1 tted on a lot which 1.S def 1.ned by
height regulatl.ons, setbacks and other property
development standards.
Canopy. A roof-like cover that proJects from the
wall of a bUlld1ng for the purpose of shielding a
doorway, window or wall from the elements.
Change of Use. The establ1.shment of a dlfferent use
from the previous use. A change of ownership for
continuat1on of an eXlst1ng use does not constitute a
change of use.
Child Day Care FaC1lity. A facility which provides
non-medlcal care to children under elghteen (18) years of
8
age ln need of personal services, supervls10n or
assistance essential for sustaining the actlvities of
daily living or for the protection of the individual on
less than a twenty-four (24) hour baS1S. Child day care
faCllity includes day care centers and fam1ly day care
homes.
Church. See Place of Worship defin1tion.
cinema. A mot1on picture theater where the pr~mary
use is to show mot1on or video plctures and to which
admission lS free or a fee ~s charged, recelved or
collected, elther by the sale of t1ckets or by any other
means or dev1ce by which money or someth~ng 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
meetlngs and a constltutlon or by-laws.
Common Open space. Usable open space WhlCh is for
the use of the resldents of two (2) or more dwelling
units.
Community Care Facility. Any state licensed
facllity, place, or bUllding whlCh lS maintalned and
operated to provide non-med1cal res~dential care, day
treatment, adult day care or foster family agency
services for children, adults, or chlldren and adults as
9
deflned ln Art1cle 1 of Chapter 3 of the California
Health and Safety Code sectlon, 1500 et seq.
Conditional Use Permit. A discretionary permlt
obtained in accordance with Part 9.04.20.12, permittlng
the establishment of particular uses 1n a zonlng
district.
Congregate Housing. A mUlti-family residential
facility with shared kitchen facll1ties, deed-restricted
or restricted by an agreement approved by the City for
occupancy by low or moderate lncome households, designed
for occupancy for periods of SlX (6) months or longer,
proviq1ng serV1ces Wh1Ch may include meals, housekeeping,
and personal care assistance as well as common areas for
res1dents of the fac1l1ty.
Cultural Facilities. Museums, galler1es, theaters
and the like, which promote educational and aesthetlc
lnterest within a commun1ty.
Day Care Center. Any Ch1ld day care facility other
than a famlly day care home, and 1ncludes infant centers,
preschools and extended day care facillties.
Domestic Violence Shelter. A resldent1al fac1lity
which provldes temporary accommodatlons to persons or
families who have been the vlct1ms of domestic v1olence.
Such a facility may also provide meals, counseling, and
other services, as well as common areas for the residents
of the facility.
10
Drive-Through or Drive-In Restaurant. A restaurant
where customers may be served food in thelr vehicles for
consumption elther on or off the site.
Duplex. One (1) structure on a slngle lot contalning
two (2) dwelllng un1ts, each of which 1S functlonally
separated from the other.
Dwelling. A structure or portion thereof which is
used princ1pally for res1dent1al occupancy.
Dwelling, Multi-Family. A dwelling containlng two
(2) or more dwelling un1ts.
Dwelling, Sinqle-Family- A building containing one (1)
dwelling un1t Wh1Ch contains only one (1) kltchen and which ~s
located on a permanent foundat1on.
Dwell ing unit. One ( 1) or more rooms, des 19ned,
occupied or intended for occupancy as separate living
quarters, with full cooking, sleeping and bathroom
facilities for the excluslve use of a single household.
Dwelling unit, Efficiency. A dwelling unit
consisting of not more than one ( 1) hab1 table room
together wlth kitchen or kitchenette and bathroom
faCl1ities.
Electric Distribution Substation. An assembly of
equipment Wh1Ch could 1nclude fuel cells and ID1crowave,
cable, radio and/ or other communicat1.on facill t1es as
part of a system for dlstrlbut10n of electrlc power where
electric energy 15 normally received at a
-s
11
sub-transmission voltage and transformed to a lower
voltage, and/or produced at th1S lower voltage in case a
fuel cell is installed, for distribution to the customer.
Facade. The exter10r side of a bU1ldlng.
Fast-Food or Take-out Restaurant. A restaurant where
customers purchase food at a walk-up w1ndow or counter
and either consume the food on the prem1ses within a
short period of tlme or take the food off the premlses.
A restaurant shall not be cons~dered a fast-food or
take-out restaurant solely on the basls of incidental or
occasional take-out sales.
~ence. A barrier of any mater1al or combination of
materlals functioning as an enclosure or for screening.
Fence Height. The vertical distance between the
ground and top of a fence measured from the existlng
grade. The height shall be measured 1n a continuum at
each pOlnt along the fence.
Finished First Floor. The top of the first floor of
a structure WhlCh does not extend more than three (3)
feet above the average natural grade.
Floor Area. The total gross horizontal areas of all
floors of a building, 1ncluding usable basements below
the roof and measured from the lnterior face of exterior
walls, or a wall separatlng two build1ngs excludlng:
(a) Stairways and stairwells;
12
(b) Elevators, elevator equ1pment rooms and
elevator shafts;
(c) Ramps to a subterranean or semisubterranean
parking structure or ramps between floors of a parking
structure provided the ramp does not accommodate parking;
(d) Unenclosed decks, balcon1es and platforms
not used for commercial or restaurant act1vitYi
(e) Exterior courtyards, arcades, atria,
paseos, walkways and corr1dors whether or not covered by
a roof prov~ded they are not used for commerclal or
restaurant act1v1tYi
(f) The volume above lnter10r courtyards,
atria, paseos, walkways and corr1dors whether covered or
noti
"'*
(g) Subterranean and semi subterranean parking
structures used exclusively for parking and loading and
unloading;
(h) At grade park1ng not covered by a building,
structure or roofj
(i) Load1ng docks open or covered by a roof
or canopy, but otherw1se unenclosed and used
excluslvely for load1ng and unload1ngj
(j) Mechan1cal equipment rooms, electrical
rooms, telephone rooms and similar space 1f located
below grade. Floor area shall 1nclude those areas
occupied by the following:
13
1. Restrooms, lounges, lobb1es,
kitchens, storage areas and interlor hallways and
corrldors;
2. The floor area of 1nterlor
courtyards, atria, paseos, walkways and corrldors
covered by a roof or skyllght;
3. Covered at-grade parking;
4. Above grade parklng.
Floor area devoted to covered at-grade
parking shall be counted at two-thirds (2/3) of the
actual area if all of the follow1ng conditions are met:
1. The floor devoted to parking
does not exceed ten (10) feet 1n height;
2. There 1S at least one (I) level
of subterranean or semi-subterranean park~ng
provided on the lot;
3. The at-grade and above grade parking
levels are screened from view;
4. There is no park1ng on the ground floor
within forty (40) feet of the front property 11ne;
5. The des1gn of the parking levels is
compatible wlth the des1gn of the bUlld1ng as determlned
by the Architectural Review Board.
14
Floor Area Ratio (FAR). The floor area of all
bUl1dings on a lot dlvlded by the lot area.
Game Arcade. Any place open to the publlC ln which
there are four (4) or more games or amusements. These
games or amusements include, but are not limited to,
electronic, vldeo and plnball machines, whether COln
operated or on free play.
Garage. An accessory buildlng or portion of a
prlnclpal buildlng for the parklng or temporary storage
of automoblles of the occupants or users of the premlses.
Garage, Subterranean. A structure wholly or partly
underground, the ceillng of which is not more than two
(2) feet above the average natural grade, except for
openlngs for lngress and egress.
General Retail. BUSlnesses which are engaged In
selling goods or merchandise to the general public and
which provide services lnCldental to the sale of such
goods.
Grade, Theoretical. An lmaglnary llne from the
midpolnt of the lot on the front property line to the
midpoint of the lot on the rear property I1ne.
Grading. Any strlpplng, cuttlng, SOlI removal,
filllng or stockpiling of earth or land.
Ground Cover. A low growlng woody or herbaceous
plant with low, compact growth habits WhlCh normally
crawls or spreads, and which forms a solid mat or dense
15
cover over the ground wlthln two years of Installation.
Mature helghts of groundcover will usually range from
three (3) inches to three (3) feet.
Ground Floor. The first level of a bUl1ding other
than a basement.
Ground Floor Street Frontage. The flrst level of a
building, other than a basement, to a depth of no less
than fifty (50) feet of the front of the lot.
Habitable Space. Space ln a dwelllng unit for
I1vlng, sleeplng, eatIng or cooking. Bathrooms, closets,
halls, storage or utility space, and parking areas are
not c9n~ldered habItable space.
Hardscape. An open area comprised of durable
non-living materials Including, but not limlted to rocks,
pebbles, sand, wood, mulch, ChlPS, walls, fences,
planters, brlcks, stone, aggregate, natural forms and
water features.
Hedge. A barrIer of plant materlal functloning as an
enclosure or used for screening.
Homeless Shelter. A residential facility, other than
a community care facllity, operated by a provlder which
provides temporary accommodations to persons or families
with low income. The term t\temporary accommodatl.ons"
means that a person or fam11y wl1l be allowed to resIde
at the shelter for a tlme period not to exceed six (6)
months. For the purpose of thIS definitIon, a "providerll
of
16
shall mean a government agency or prlvate non-profit
organizatlon Wh1Ch prov1des or contracts wlth recognized
communi ty organ1zations to provide emergency or temporary
shelter, and which may also provide meals, counseling and
other serv1ces, as well as common areas for residents of
the facillty. Such a facility may have indlvidual rooms,
but is not developed wlth 1ndlvldual dwelllng units, wlth
the exception of a manager's unlt.
Home Occupation. A home enterprise ln a residential
dwelling un1t incldental and secondary to the use of the
dwelllng unlt and compat1ble wlth surround1ng residential
uses.
Home Occupation Permit. An admlnlstrative permit
obtained In accordance wlth Part 9.04.20.04 to allow a
home occupatlon.
Hospice. A faclli ty that provides resldential living
quarters for up to SlX (6) termlnally ill persons. A
hospice is a perm1tted use ln all resldential districts.
Hotel. A bUllding, group of bUlldings, or a portion
of a building wh1ch 1S des1gned for or occup1ed as the
temporary lodging place of lndividuals for less than
thlrty (30) consecut1ve days includlng, but not limited
to, an establlshment held out to the public as an
apartment hotel, hostel, lnn, time share proJect, tourist
court or other sirnllar use.
17
Household. Persons llvlng together In a slngle
dwelling unlt, with common access to, and common use of,
all living and eating areas and all areas and facillties
for the preparation and storage of food wi thln the
dwelling unlt.
Incidental Food Services. Any buildlng, room, space
or portion thereof where food lS sold at retail where
less than two hundred flfty (250) square feet (interior
and exterlor) is utilized for on-slte consumption of any
food or beverage, includlng seatlng, counter space or
other eating arrangement.
~~tchen. A room or space within a bUllding intended
to be used for cooklng or preparing food.
Landscaped Area. The area withln the boundarles of
a given lot WhlCh consists of 11vlng plant materlal
including, but not li~lted to, trees, shrubs, woody and
herbaceous ground covers, grass, flowers, vines,
lrr1.gatlon systems and other deslgn features cOr.lIDonly
used ln landscaping, but not includlng walkways,
driveways, patios and other landscape features that use
smooth concrete or asphalt.
Large Family Day Care Home. A home which provldes
family day care to seven (7) to twelve (12) children at
anyone time, including chl1dren under the age of ten
(10) years who reside at the home, as defined in state
regulations.
...
18
Light Manufacturing. Manufacturlng uses conducted
wi thin an enclosed buildl.ng that lnclude fabricating,
assembling, testing, repairing, serviclng or processing
products where the nature of the operation is not
obnoxious or offensive by reason of emission of odor,
dust, nOXlOUS gas, noise, vlbration, glare, heat or other
adverse environmental impacts.
Living Area. The lnterior habitable area of an
existing princIpal dwellIng unl.t including basement and
shall not lnclude a garage.
Living Quarters. A structure or portion thereof
WhlCh lS used princlpally for human habitation.
Loading Space. An off-street space or berth on the
same lot with a bUllding for the temporary parking of a
vehicle while loadlng or unloading of goods.
Loft. See Mezzanine.
Lot. A lot.
Low-Income Household. A household whose gross annual
income does not exceed Slxty Percent (60%) of the medlan
Income of the Los Angeles-Long Beach-Anahelm Prlmary
Metropolltan Statlstlcal Area (PMSA), as determined
perlodically by the U.S. Depart~ent of Housing and Urban
Development (HUD), ad] usted for household Slze. If a
provision of the Municipal Code otherWlse specifically
defines low 1ncome household, then that definition
~
19
governs the appllcatlon of that sectlon. See Moderate
Income Household and Very Low Income Household.
Manufactured House. A resldentlal structure built
off-site and moved to a deslgnated site for placement on
a permanent foundatlon.
Mezzanine. An lntermedlate level without walls or
partitions, placed ln any story or room and open to the
space below. When the total area of any such mezzanlne
floor exceeds Thirty-Three and One-Third Percent (33
1/3%) of the total floor area In that room, lt shall
constltute an addltlonal story. The clear helght above or
below a mezzanine :loor shall not be less than seven (7)
feet. No more than one (1) contlnuous mezzanine may be
permltted ln anyone (1) room. A mezzanine shall be
considered a loft.
Middle-Income Household. A household whose gross
annual income is One Hundred Percent (100%) of the median
lncome of the Los Angeles-Long Beach-Anaheim Prlmary
Metropolitan Statistlcal Area (PMSA), as determined
periodically by the U.S. Department of Houslng and Urban
Development (HUD)ad)usted for household size.
Mini-mart. A small retail store selllng commonly
purchased groceries, fast-foods, household goods, and
lmpulse items, and located on the same lot as a service
station or operated in con)Unctlon with a service station
with common parking.
.,..
20
Minor Repair of Vehicles. Transm1ss10n, muffler and
radiator work, lubricatlon, repalr of brakes, generators,
water pumps, batteries and other Q~nor components,
replacement of wiper blades, fuses, radlator caps, lamps
and other minor accessor l.es , chang ing and mounting of
tires, wheel alignment, tune-up, minor electr1cal repairs
and similar repairs and serVlces. M~nor repair of
veh~cles shall not include repairs that cause
environmental nUlsances including, but not 11mited to,
eng~ne and drive tral.n overhaul, auto d~smantling, body
and fender work, weld1ng, repair of tops, seat covers and
upholstery, auto glass work, palntlng, rebuild~ng
batter-res, tire recapplng or retreadlng and similar work.
Mixed-Use Development. The development of a lot or
building with two (2) or more different land uses such
as, but not limited to, a comblnation of resldential,
offl.ce, manufacturing, retail, publlC or entertal.nment 1n
a s~ngle or physl.cally lntegrated group of structures.
Mobilehome Park. See Traller Park.
MOderate-Income Household. A household whose gross
annual income does not exceed One Hundred Percent (100%)
of the median lncome of the Los Angeles-Long Beach-
Anaheim Pr1mary Metropolltan Statlstlcal Area (PMSA), as
determined periodlcally by the U. S. Department of Housing
and Urban Development (HUD), adJusted for household SlZe.
If a provision of the Municipal Code otherwise
."
21
specif~cally defines moderate income household, then that
definit~on governs the appl1cation of that section. See
Low Income Household and Very Low Income Household.
Hotel. An establishment provlding transient
accomroodat1ons contalnlng six (6) or more rooms with at
least Twenty-F1ve Percent (25%) of all rooms having
direct access to the outslde without the necessity of
passing through the main lobby of the building.
Neighborhood Grocery store. Any small market not
exceeding Three Thousand (3,000) square feet of floor
area selling a full range of food products including
meat, .dairy, vegetable, fru1t, 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 including the area to the
center llne of a rear alley.
Night Club. An establlshment which pr~marl1y offers
live entertainment or dancing and WhlCh may serve food or
beverages.
Nonconforming Building or structure, Legal. A
structure, the size, dimenslon or locatlon of which were
lawful prior to the effective date of the ordinance
codified in this Chapter or any amendment thereto, but
22
which fa~ls to conform to the present requ~rements of the
Zoning dlstr~ct.
Nursing Home. A fac11ity licensed
full-time convalescent or chronic care to
who, by reason of advanced age, chronic illness or
infirm~ty are unable to care for themselves.
Off-site Hazardous Waste Facility. An operation
involving handling, treatment, storage or dlsposal of a
hazardous waste ~n one or more of the following
to provide
lndividuals
situations:
(a) The hazardous waste lS transported via
commerclal railroad, a pUblic-owned road or publ~c
waters,-where adJacent land is not owned by or leased to
the producer of the waste.
(b) The hazardous waste lS at a slte which is not
owned by or leased to the producer of the waste.
(c) The hazardous waste is at a slte WhlCh receives
hazardous waste from more than one producer.
Outdoor storage. The keeping, in an unroofed area,
of any goods, Junk, materlal, merchandise or vehicles ~n
the same place for more than seventy-two (72) hours.
Overlay District. A zoning deslgnat10n specifically
delineated on the Distrlct~ng Map establ~shlng land use
requirements that govern ln addit10n to the standards set
forth 1n the underlYlng resldential, commercial or
industrial dlstr~ct.
23
Parapet. All low wall
forty-two (42) inches above
perimeter.
Parcel. A portlon of land separated from other
portlons of land by legal descrlptlon, as on a
subdivision or record of survey map, or by metes and
bounds. Parcel shall also include two (2) or more lots
comh1ned to be used, developed, or built upon as a unit
as provided for in Section 9.04.06.010.
Parcel Area. The total area wlthln the property
lines of a parcel, excluding any street or alley
right:-of-way.
Parcel, Corner. A parcel of land abuttlng two (2) or
more streets at thelr lntersection, or upon two (2) parts
of the same street forming an interlor angle of less than
one hundred thlrty-five (135) degrees.
Parcel Depth. The dlstance measured from the front
parcel llne to the rear parcel 11ne as per the legal
description of the property.
Parcel, Flag. A parcel not frontlng on or abutting
a pUblic road and where access to the publlC road is by
a narrow r1ght-of-way or dr1veway.
Parcel Frontage. The wldth of the front parcel line
measured at the street rlght-of-way.
or railing
the roof
not
exceeding
along its
and
24
parcel, Key. The flrst lnterlor 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 (1) parcel from another parcel or from
a publ1C or prlvate street or any other public space.
Parcel Line, Front. The parcel line separating a
parcel from a street rlght-of-way. In the case of a
corner parcel, the 11ne separating the narrowest street
frontage of the parcel from the street shall be
considered the front.
Parcel Line, Rear. The parcel line Oppos1te and most
distant from the front parcel Ilne; or in the case of
triangular or otherWlse irregularly shaped parcels, a
line ten (10) feet In length entirely within the parcel,
parallel to, and at a rnax~mum distance from the front
parcel I1ne.
Parcel Line, Side. Any parcel 11ne other than a
front or rear parcel I1ne.
Parcel, Reversed Corner. A corner parcel, the slde
street line of which 1S substant1ally a cont1nuation of
the front parcel l~ne of the first parcel to lts rear.
Parcel, Throuqh. A parcel WhlCh fronts on two (2)
parallel streets or which fronts upon two (2) streets
which do not intersect at the boundarles of the parcel.
~
25
Parcel width. The horlzontal dlstance between the
slde lines of a parcel neasured at r1ght angles to its
depth along a straight llne 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 qualltles and
elements that contrlbute to an actlve, inviting
street-level environment making the area a pleasant place
to walk and shop includlng, but not limlted to:
(a) street furnlturej
(b) Design amenitl.es related to the street
level ?uch as awnlngs, paseos, arcades;
(c) ViSlbl1ity lnto bUlldlngs at the street
level;
(d) H1ghly artlculated facades at the street
level with interestlng uses of materlal, color and
archltectural detailing;
(e) Continuity of the sldewalk with a minlmum
of intrusions into the pedestrlan right-of-way;
(f) Contlnu1ty of bU11dlng facades along the
street with few lnterruptlons ln the progresslon of
buildlngs and storesj
(g) Signage orlented and scaled to the
pedestrian rather than the motorlstj
(h) Landscaplng.
26
Pedestrian-oriented Use. A use which lS lntended to
encourage walk-ln customers and which generally does not
limit the number of customers by requ1r~ng appolntments
or otherwise excluding the general publlC. A pedestrian
orlented use may suggest or require aPPolntments for
services when primarl1y for the convenlence of the
customer, such as reservat~ons w~th restaurants,
beauticlans or optometrlsts to avoid being turned away
due to unavailability.
Penthouse. A structure not exceeding fourteen (14)
feet in helght located on the roof of a buildlng used for
the purpose of shelterlng mechanical equipment or
vertical shaft openings ln the roof.
Performance Standards Permit. An admlnistrative
permit obtalned In accordance wlth Part 9.04.20.08.
Permitted Use. Any use allowed ln a zonlng district
and subject to the restrictlons appllcable to that zoning
district.
Photocopy Shop. An establishment that reproduces or
prints documents. A print shop shall be considered to be
the same as a photocopy shop.
Place of Worship. A buildlng or structure, or groups
of buildings or structures, which by deslgn and
constructlon are primarl1y intended for conducting
religious serVlces and accessory uses associated
therewlth.
27
Planning commission. The seven (7) member body
responslble for carrYlng out functions with respect to
planning and zonlng as may be prescribed by this Article.
Porte Cochere. A footed structure extendlng from the
entrance of a buildlng over an adjacent driveway, the
purpose of Wh1Ch lS to shelter persons entering and
exiting a bUl1ding.
primary Space. Ll.VIng room, dining room, family
room, library or slmilar such activity rOOM ln a dwelling
unit.
Primary window. A glazed surface whose area is
larger_ Ihan any other glazed surface ln a room which
serves as a prlmary space.
principal Use. The prlluary or predomlnant use of any
slte.
private Club or Lodge. A bUl1ding and related
facili ties owned or operated by a corporation,
association or group of lndlviduals established for the
fraternal, soclal, educatlonal, recreational or cultural
enr1chrnent of its members and not prlmarl.ly for prof1t,
and whose members meet certa1n prescrlbed quall.fications
for membership and pay dues. A prlvate club or lodge does
not include a facility where the prl.ncipal membership
requirements lS payment of a rnembershlp or admlssion fee.
Private Open Space. Useable open space, lncluding
but not I1mlted to, a deck, yard, patio or combination
28
thereof, WhlCh lS speclflcally deslgned and constructed
to be occupled and used by the resldents of a dwelling
unit and WhlCh lS adJacent to, accessible from, and at
the same or apprOXlmate elevatlon as the primary space of
the dwelling unlt.
private Tennis Court. A tenn1S court which 1S used
for noncommercial purposes by the owner of the property
or their guests.
pUblic Land. Any government-owned land, lncluding,
but not 11mlted to, publlC parks, beaches, playgrounds,
trails, paths, schools, public buildings and other
recreational areas or publlC open spaces.
PUblic utility service Center and service Yard. Any
buildlng or property used for the admlnlstration of
public utlll ty repalr, maintenance, and installatlon
crews, warehouse, storage yard or maintenance garage
lncluding vehicle parking of a publlC utility.
Recreational Building. Inc1dental park structures
such as restroorns and rnalntenance facilitles, community
rooms, locker rooms and showers servlcing persons using
the beaches or ocean, plaYlng courts, playgrounds, plcnic
areas, publlC swimrnlng pools.
Residential Care Facility For The Elderly. A state
licensed housing arrangement chosen voluntarily by
residents over 60 years of age where varYlng levels and
intensitles of care and superV1S10n, protective
29
supervislon, personal care, or health related services
are provlded, based upon residents' varylng needs, as
determined in order to be admitted and rernaln in the
faCllity, as defined in Chapter 3.2 of the California
Health and Safety Code, Sectlon 1569 et. seq. A
ReSldential Care Facl11ty for the Elderly serving six (6)
or fewer persons shall be considered a farnlly dwelling
for all zoning purposes.
Residential Facility. A cornmunl ty care facllity
which consists of any famlly horne, group care faCl1ity,
or similar faCll1ty as determined by the Director of the
state Department of Social Servlces, for twenty-four (24)
hour non-medical care of persons in need of personal
serVlces, supervlsion or assistance essential for
sustalning the actlvltles of dally living or for the
protection of the 1ndlvldual, as def1ned in Article 1 of
Chapter 3 of the Callfornia Health and Safety Code,
Section 1500 et seq. A residential care facility serving
six (6) or fewer persons shall be considered a family
dwelling for all zonlng purposes.
Residential Use. One (1) or more rooms designed,
occupled or intended for occupancy as primary living
quarters in a bUllding or portlon thereof.
Restaurant. Any bUl1ding, room, space or portion
thereof where food is sold for consumption on site. A
restaurant does not lnclude lncldental food serVlce.
30
Rest Home. An extended or lntermedlate care facility
llcensed or approved to provlde health care under medical
supervision for twenty-four (24) or more consecutive
hours to two (2) or more patlents who are not related to
the governing author~ty or its members by marriage, blood
or adoptlon.
Roof. That portlon of a bUl1dlng or structure above
walls or columns that shelters the floor area or the
structure below.
Sani tarium. An lnstl tutlon for the treatment of
persons wlth chronic and usually long-term lllnesses.
Secondary window. Wlndow servlng a bedroom,
bathroom, kitchen, stalrway, corr1dor or storage area in
a dwelling unlt, or a wlndow In a primary space which is
not a prlmary wlndow.
Self-Service storage Warehouse (Mini-Warehouse). A
warehouse opera~lon where customers rent or lease, and
have direct access to/ lndlVldual storage areas,
compartments or rooms wlthin a larger structure or
structures provlded for storage use.
Senior citizen. An lndlvldual sixty-two (62) years
of age or more.
Senior Group Housing. A buildlng or bUlldings,
1nclud1ng a single family dwelling, that provides
residence for a group of senior citizens with a central
.,.
31
kitchen and dln1ng facl1lties and a separate bedroom or
private llving quarters.
senior Housing. Multl-faml1y residentlal housing,
other than a Resldential Care Fac1lity for the Elderly or
Senior Group Housing, developed with lndlvldual dwelling
unlts, in WhlCh each unlt 1S restricted for occupancy by
at least one person In each household who is slxty (60)
years of age or older. Without restrlction as to age of
occupant, units may also be occupied by management or
maintenance personnel who are requ1red to 11ve on the
premlses.
.l?e~vice station. Any establ1shment whose pr1mary
function lS the retail sale of petroleum products and
vehicle accessor1es normally associated with this use,
and shall 1nclude those service stations providlng
full-service or self-serV1ce stations.
Setback. The dlstance between the lot line and a
buildlng, not includ1ng permltted prO]ectlons.
Shrub. A plant wlth a compact growth hablt and
branches comlng from the base of the plant. Mature
he1ghts of shrubs may vary from one (1) foot to fifteen
(15) feet dependlng on the1r specles and landscape
applicat1on.
sidewalk Cafe. Any outdoor dlnlng area located in
any public sidewalk or rlght-of-way which is defined by
a barrler which separates the sldewalk cafe area from the
32
sidewalk or other publlC rlght-of-way and WhlCh 1S
assoc1ated w~th a restaurant or other eatIng and drlnking
establishment on a contlguous adJacent lot.
Single Room Occupancy Housing. Multi-fam11y
residential buildings conta1n~ng hOUSIng unl ts Wl th a
minimum floor area of one hundred fifty (150) square feet
and a maximum floor area of three hundred seventy-five
(375) square feet which may have kitchen and/or bathroom
facilities. Each houslng unit lS restricted to occupancy
by no more than two (2) persons and is offered on a
monthly rental basls or longer.
site. Any plot or lot of land or comb1nation of
contiguous lots of land.
Skylight. That port1on of a roof WhlCh is glazed to
adIut 11ght, and the mechanlcal fastenlng required to
hold the glazlng, including a curb not exceeding ten (10)
lnches in helght, to prOVIde a weatherproof1ng barrier.
Small Family Day Care Home. A home which provides
family day care to SlX (6) or fewer chIldren at anyone
tlme, Includ~ng children under the age of ten (10) years
who reslde at the home, as defined In State regulations.
Solar Energy System. Any solar collector or other
solar energy devlce, or any structural design feature of
a buildlng whose primary purpose lS to prOVIde for the
collectlon, storage or dlstrlbutlon of solar energy for
space heating or cool~ng, water heating or electriclty.
33
Specialty Office. Uses lntended to provlde a service
without requlrlng an appointment such as travel agencies,
real estate offlces and lnsurance agencles.
story. That portion of a building included between
two (2) consecutl ve floors of a bu~ldlng. A basement
shall not be cons1dered a story lf the f~nlshed first
floor does not exceed three (3) feet above the average
natural grade of the lot. An unfinished attic shall not
be considered a story. A mezzanine shall be considered a
story if it lS not open to the floor below, 1f lt
contains any enclosed rooms, bathrooms, closets and the
11ke, _ or if it contalns more than Thirty-Three and
One-Third Percent (33 1/3%) of the total floor area of
the roorn(s) onto WhlCh lt opens.
structure. Anything constructed or erected, which
requires a flxed locatlon on the ground, or lS attached
to a building or other structure havlng a fixed location
on the ground.
Subdivision. See Chapter 9.20 for all subdivision
definitlons.
Substantial Remodel. Removal of Flfty Percent (50%)
or more of the exterior walls or removal of Fifty Percent
(50%) or more of supportlng members of a structure such
as bearing walls, columns, beams or glrders.
~
34
Tanaem Parking. A group of two (2) or more parking
spaces arranged one (I) beh1nd the other where one (1)
space blocks access to the other space.
Temporary structure. A structure without any
foundation or footing and WhlCh is removed when the
designated time period, actlvlty or use for which the
temporary structure was erected has ceased.
Temporary Use Permit. An administrative perm1t
obtained in accordance wlth Part 9.04.20.06.
Theater. Any hall where live enterta1nment lS given
or held as the pr1nclpal use, any establlshment
contalnlng a permanent stage upon Wh1Ch movable scenery
and theatrical appliances are used and where regular
theatrical performances are glven.
Trailer. A vehicle without motor power, designed to
be drawn by a motor vehlcle and to be used for human
habitation or for carrying persons or property, includlng
a mobilehome, tra11er coach or house traller.
Trailer Court or Mobilehome Park. Any area or tract
of land used or designed to accommodate one (1) or more
trailers in use for human habitat~on with minimum
faCllities for water, sewer, electrlclty and laundry.
Transitional Housing. A mult1-fam1ly residential
facility developed 1n an ind~vldual dwelllng un1t format
that does not restrlct occupancy to six (6) months or
less and that provides temporary accommodations to low
35
and moderate-lncome persons and fam111es for perlods of
up to three (3) years, and which also may provlde meals,
counsellng, and other serVlces, as well as common areas
for resldents of the facl1ity.
Tree. A plant havlng at least one (1) well-defined
stem or trunk and normally attaln~ng a mature helght of
at least fifteen (15) feet, with an average mature spread
of fifteen (15) feet, and having a trunk that shall be
kept clear of leaves and branches at least six (6) feet
above grade at maturity.
Tree, Fifteen (15) Gallon. A f1fteen (15) gallon
container tree shall be no less than one (1) 1nch caliper
and at least s~x (6) feet ~n helght above grade at the
time of plant1ng.
Tree, Twenty-Four (24) Inch Box. A twenty-four (24)
lnch box tree shall be no less than one and
three-quarters (1-3/4) inch caliper and at least seven
(7) feet ~n height above grade at the tlme of plant~ng.
Usable Open space. Outdoor space which is
specifically designed and constructed to be occupled by
and used by residents of the dwelllng units on a lot.
Use. The purpose or actlvlty for which land lS zoned
or a structure lS lntended or used.
Variance. A discretionary permit obtalned in
accordance wlth part 9.04.20.10.
'""
36
Very Low Income Household. A household whose gross
annual income lS between Zero Percent (0%) and Fifty
Percent (50%) of the median Income of the Los
Angeles-Long Beach-Anahei~ Prlmary Metropolitan
Statistical Area (PMSA), as determlned perlodically by
the U. S. Department of Hous1ng and urban Development
(HAD), adJusted for household SIZe.
Warehouse. A bUlldlng, group of bUlldlngs or a
portion of a bU11ding used for the storage of goods and
materials.
Yard. An open space sltuated between lot lines and
not covered by bUIldIngs.
Yard, Front. A space extending the full width of the
lot between any bUIldIng and the front lot line, and
measured perpendlcular to the bUllding at the closest
point to the front lot line. The front yard shall be
unoccupied and unobstructed from the ground upward except
as may per per~ltted by thIs Chapter.
Yard, Rear. A space extendlng the full wldth 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 prlnclpal bUIlding. The rear yard
shall be unoccupied and unobstructed from the ground
upward except as may be permitted by this Chapter.
yard Sale. Any sale held for the purpose of selling,
trading or otherWlse disposlng of unwanted household
~
37
furnishings, personal goods or other tangible properties
under control of the person holding such sale and
conducted in a residentlal distr~ct.
Yard, Side. A space extending the full depth of the
lot between the principal bUl1ding and the slde lot line
measured perpend1cular from the side lot line to the
closest point of the prlnclpal building. The side yard
shall be unoccupied and unobstructed from the ground
upward except as may be perm~tted by thlS Chapter.
Yard, street side. A space extendlng the full depth
of the lot between the princlpal bUlldlng and the slde
lot ILne adJacent to a public street rlght-of-way
measured perpendicular from the side lot line to the
closest point of the princlpal building. The street side
yard shall be unoccupled and unobstructed from the ground
upward except as may be permltted by this Chapter.
Zoning Ordinance. The Comprehensive Land Use
Ordinance of the City of Santa Monlca.
SECTION 3.
Sectlon 9.04.08.04.060 of the Santa Mon1ca
Munlclpal Code 1S amended to read as follows:
9.04.08.04.060
standards.
All property ln the R2R District shall be
developed ln accordance wlth the followlng
Property
development
38
standards:
(a) Maximum Building Height. Two (2)
storiesl not to exceed 23 feet for a flat roof
or 30 feet for a pitched roof. A "pl tched
roof" 1S defined as a roof wlth at least two
(2) sldes havlng no less than one (1) foot of
vertical rlse for every three (3) feet of
horizontal run. The walls of the building may
not exceed the maX1IDum height requlred for a
flat roof. There shall be no 11rnltat1on on
the number of stories of any Affordable
Housing proJectl as long as the building
height does not exceed the max~mum number of
feet perm1tted In this Sectlon.
(b) Maximum Unit Density. A minlmum of
1/500 square feet of parcel area for each
dwell~ng unlt. However, one (1) duplex shall
be perrnltted on any legal parcel that existed
on August 31, 1975.
(c) Maximum Parcel Coverage. Sixty
Percent (60%) of the parcel area.
(d) Minimum Parcel Size. 3,000 square
feet. Each parcel shall have a m1nlmum depth
of 100 feet and a ffiln1mum width of 30 feet,
except that parcels already developed and
~
39
existlng on September 8, 1988 shall not be
sUbJect to this reqUlrement.
(e) Front Yard Setback. Ten (10) feet.
(f) Rear Yard Setback. Fifteen (15)
feet.
(g) side Yard Setback. The mlnimum
requlred side yard setback shall be determined
ln accordance wlth the followlng formula,
except that for lots of less than 50 feet in
width, the mlnlmum requlred side yard setback
shall be Ten Percent (10%) of the parcel
width, but in any event not less than four (4)
feet:
5' + (storles x lot wldth)
50'
(h) Front Yard paving. No more than
Fifty Percent (50%) of the area of the
requlred
front
yard
setback,
including
dr1veways, shall be paved.
( i) pri va te Open space.
Any proj ect
contalning four (4)
or more residential
dwelling units shall prov1de the follow1ng
minimum open space: 100 square feet per unlt
for projects wlth four (4) or five (5) units,
and 50 square feet per unlt for proJects of
40
s~x (6) un~ts or more. For purposes of th~s
requirement, resldential dwelllng unlt shall
mean any unl t 376 square feet ln area or
larger. Affordable Houslng ProJects may
substitute one (1) square foot of common open
space for each square foot of required private
open space.
SECTION 4.
Sectlon 9.04.08.06.060 of the Santa Mon~ca
Munlc~pal Code is amended to read as follows:
9.04.08.06.060 Property development
standards.
All property ln the R2 District shall be
developed in accordance with the following
standards:
(a) Maximum Building Height. Two
stories, not to exceed 30 feet, except that
there shall be no limitatlon on the number of
stories of any Affordable Housing ProJect, as
long as the build~ng he~ght does not exceed 30
feet.
.,.
(b) Maximum Unit Density. One (1)
dwelling unl t for each 1,500 square feet of
parcel area. No more than one (1) dwelling
un1t shall be perrnltted on a parcel of less
41
than 4,000 square feet ~f a slngle family
dwelling eXlsted on the parcel on September 8,
1988.
(c) Maximum Parcel Coverage. Fifty
Percent (50%) of the parcel area.
(d) Minimum Parcel Size. 5,000 square
feet. Each parcel shall contain a minimum
depth of 100 feet and a minimum w~dth of 50
feet, except that parcels eXlstlng on
September 8, 1988 shall not be subject to thlS
requirement.
(e) Front Yard Setback. The mln~mum
required front yard setback shall be either
twenty (20) feet, or shall comply with the
m1n~mum requlred front yard setback as set
forth in the OfflC1al Dlstrlcting Map for the
d1strict, whichever area 1S greater.
(f) Rear Yard Setback. Fifteen (15)
feet.
(g) Side Yard Setback. The m1nlmum
requlred slde yard setback shall be determlned
ln accordance w1th the followlng formula,
except that for lots of less than 50 feet 1n
width, the mlnlmum required side yard setback
shall be Ten Percent (10%) of the parcel
42
wldth, but in any event not less than four (4)
feet:
5' + (storles x lot width)
50'
(h) Development Review. A Development
Review Permlt shall be required for any
development of 15,000 square feet or more in
floor area.
(i)
Pr i va te Open Space.
Any proj ect
contalnlng four
(4 )
or more residential
dwell~ng units shall provlde the following
minimum open space:
100 square feet per unit
~
for projects with four (4) or flve (5) units,
and 50 square feet per unit for projects of
six (6) units or more.
For purposes of this
requirement, resldential dwelling unit shall
mean any un1t 376 square feet in area or
larger.
Affordable Housing ProJects may
substitute one (1) square foot of common open
space for each square foot of required private
open space.
SECTION 5.
Section 9.04.08.08.060 of the Santa Monlca
Municipal Code lS amended to read as follows:
43
9.04.08.08.060
Property
development
standards.
All property in the R3 Distr1ct shall be
developed ln accordance with the following
standards:
(a) Maximum Building Height. Three (3)
stories, not to exceed 40 feet, except that
there shall be no limltat10n on the number of
stories of any Affordable Hous1ng ProJect, as
long as the buildlng height does not exceed 40
~ e_et .
-.
(b) Maximum Unit Density. One (1)
dwelling unit for each 1,250 square feet of
parcel area. No more than one (1) dwelllng
unit shall be perM1tted on a parcel of less
than 4,000 square feet lf a single family
dwelling eX1sted on the parcel on September 8,
1988.
(e) Maximum Parcel Coverage. Fifty
Percent (50%) of the parcel area.
(d) Minimum Parcel size. 5,000 square
feet. Each parcel shall conta1n a m1n1mum
depth of 100 feet and a m1nimum w1dth of 50
feet, except that parcels eX1stlng on
44
September 8, 1988 shall not be subJect to this
requirement.
(e) Front Yard Setback. The In1nimum
requlred front yard setback shall be e1ther 20
feet, or shall comply with the minimum
required front yard setback for the d1strict
as set forth in the Offlclal Dlstr1cting Map,
wh1chever area lS greater.
(f)
Rear Yard Setback.
Flfteen (15)
feet.
(g) Side Yard Setback. The m1nlmum
requlred Slde yard setback shall be determlned
in accordance w1th the followlng formula,
except that for parcels of less than 50 feet
In wldth, the minlmum required side yard
setback shall be Ten Percent (10%) of the
parcel lot width, but in any event not less
than four (4) feet:
5' + (storles x lot wldth)
50'
(h)
Development Review.
A Development
ReV1ew Perm1t shall be requlred for any
development of 22,500 square feet or more ln
floor area.
45
.
( 1)
Private Open Space.
Any proJect
contalnlng four
(4)
or more resldential
dwelling unl ts shall provide the following
minimum open space: 100 square feet per unit
for proJects w~th four (4) or flve (5) un~ts,
and 50 square feet per unlt for projects of
six (6) unlts or More.
For purposes of this
requirement, res1dent1al dwelling unlt shall
mean any unl t 376 square feet in area or
larger.
Affordable
Housing
ProJects
may
substitute one (1) square foot of common open
space for each square foot of required pr1vate
-,t
open space.
SECTION 6.
section 9.04.08.10.060 of the Santa Monica
Municipal Code lS amended to read as follows:
9.04.08.10.060
Property
development
standards.
All property 1n the R4 Distr1ct shall be
developed ln accordance with the following
standards:
(a) Maximum Building Height. Four (4)
stories, not to exceed 45 feet. There shall be
no limitation on the number of stories of any
hote 1,
.
park1ng
structure,
or
Affordable
46
Hous1ng ProJect, so long as the he1ght does
not exceed 45 feet.
(b) Maximum unit Density. One (1)
dwelling un1t for each 900 square feet of
parcel area. No oore than one (1) dwell~ng
unit shall be permitted on a parcel of less
than 4,000 square feet lf a single famlly
dwelllng eXlsted on the parcel on September 8,
1988.
(c) Maximum Parcel coverage. Fifty
Percent (50%) of the parcel area.
(d) Minimum parcel Size. 5,000 square
feet. Each parcel shall contaln a minimum
depth of 100 feet and a mlnlmum wldth of 50
feet, except that parcels existing on
September 8, 1988 are not subJect to this
requlrement.
(e) Front Yard Setback. The minimum
requlred front yard setback shall be elther
twenty (20) feet, or shall comply wlth the
min1mum requlred front yard setback for the
district as set forth in the Official
Districting Map, whichever area is greater.
(f) Rear Yard Setback. Fifteen (15)
feet.
47
(g) Si~e Yar~ setback. The minlmum
required side yard setback shall be determined
in accordance wlth the followlng formula,
except that for lots of less than 50 feet in
width, the mlnlmum requlred slde yard setback
shall be Ten Percent (10%) of the parcel
width, but in any event not less than four (4)
feet:
5' ~ (storles x lot wldth)
50'
(h) Development Review. A Development
Revlew Permlt shall be requlred for any
-
development of 25,000 square feet or more ln
i*
floor area.
(1)
Private Open Space.
Any proj ect
contalning four
(4)
or more resldential
dwelllng unl ts shall provide the followlng
minimum open space:
100 square feet per un1t
for proJects with four (4) or flve (5) units,
and 50 square feet per unit for proJects of
six (6) unlts or more.
For purposes of thlS
requlrement, resldential dwelling unit shall
mean any un it 376 square feet ln area or
larger.
Affordable Houslng Projects may
Substltute one (1) square foot of common open
48
space for each square foot of requlred prlvate
open space.
SECTION 7.
Sect10n 9.04.08.62.060 of the Santa Monica
Mun1cipal Code 1S amended to read as follows:
9.04.08.62.060
standards.
Property
development
All property In
shall be developed
following standards:
(a) Maximum Building Height. MaXlmum
build1ng height shall be 40 feet, except that:
(1) No portion of the bUl1d1ng may
proJect beyond the slte Vlew envelope. The
site Vlew envelope is a theoretlcal plane
beginnlng mid-polnt at the minimum required
beach setback line and extendlng to a height
of 30 feet, and then runnlng parallel w1th the
side parcel lines to a point located 5 feet in
height above the top of the Pallsades bluff
lmmediately behlnd the pedestrian ral1ing.
(ii) No portion of the bUllding
above 23 feet for a flat roof, and 30 feet for
a pitched roof nay exceed 30 feet ln width.
Multiple projectlons above 23 feet for a flat
the R2B Beach Dlstrict
lTI accordance wlth the
~
49
roof and 30 feet for a p1tched roof shall be
separated by a minimum 20-foot wide
unobstructed Vlew corrldor. No proJections,
connections, or mechanlcal equlprnent may be
placed in the Vlew corrldor.
(b) Maximum Unit Density. For parcels of
4,000 square feet or more, the maximum unit
densi ty shall be one (1) dwelllng unit for
each 1,500 square feet of parcel area. For
parcels less than 4,000 square feet, no
dwelllng units shall be permltted, except that
one (1) dwelllng un 1. t may be permitted 1.f a
slngle family dwelllng existed on the parcel
on September 8, 1988. No !'lore than one ( 1)
dwelling unlt shall be permltted on a parcel
40 feet or less ln w1dth.
(c) Maximum Parcel coverage. Fifty
Percent (50%) of the parcel area.
(d) Front Yard Setback. The mln1.mUm
required front yard setback shall be e1 ther
twenty (20) feet or shall comply wlth the
minimum required front yard setback for the
district as set forth in the Officlal
District1ng Map, wh1chever area lS greater. At
least Thirty Percent (30%) of the bU1.lding
elevation above fourteen (14) feet In he1.ght
."
50
~
shall provlde an additional five (5) foot
average setback from the min1IDum requ~red
front yard setback.
(e) Beach Rear Yard Setback. F~fteen
(15) feet for parcels lOG feet or less ~n
depth and 55 feet for parcels over 100 feet in
depth.
(f) Side Yard Setback. The min~mum
requIred side yard setback shall be determined
in accordance wlth the followlng formula,
except that for lots of less than 50 feet in
width,
the min1mum requlred S1de yard shall
be Ten Percent (10%) of the parcel w1dth, but
.,.
in any event not less than four (4) feet:
5' + (storIes x lot w~dth)
50'
At least Twenty-FIve Percent (25%) of the side
elevation above fourteen (14) feet In height
shall provide an add~ t10nal four {4} foot
average setback from the ffiInlIDum requlred sIde
yard setback.
g)
Minimum Parcel size.
5,000 square
feet. Each parcel shall contaln a minlmum
depth of 100 feet and a minimum width of 50
feet,
except
that
parcels
eXlstlng
on
51
September 8, 1988 shall not be subject to this
requirement.
(h) Development Review. A Development
Review Permit shall be requlred for any
development of 15,000 square feet or more in
floor area.
(i) view Corridor. A structure w~th 70
square feet or more of frontage parallel to
Paclflc Coast Highway shall provlde an
unobstructed Vlew corridor between Paciflc
Coast Highway and the Ocean. The view corridor
~hall be a mlnlIDum of 20 feet ln wldth and 40
feet in he~ght measured from the property line
parallel to the Paclf~c Coast Highway.
(J) parking. Notwlthstandlng section
9.04.10.08.190, uncovered parklng may be
located ~n the front half of the parcel and
within the IDlnlmum required front yard
setback.
(k) Private Open Space. Any project
containing four (4) or more resldential
dwelllng units shall provide the following
minimum open space: 100 square feet per unit
for projects w~th four (4) or five (5) unlts,
and 50 square feet per unlt for proJects of
six (6) units or More. For purposes of this
.,.
52
requirement, residential dwelling unlt shall
mean any unit 376 square feet in area or
larger. Affordable Housing Projects may
Subst1tute one (1) square foot of common open
space for each square foot of requ1red private
open space.
SECTION 8. section 9.04.08.64.060 of the Santa Monica
Municipal Code is amended to read as follows:
9.04.08.64.060
standards.
All property ~n the R3R District shall be
developed ln accordance wlth the following
standards:
Property
development
...
(a) Maximum Building Height. Two (2)
stories, not to exceed 30 feet, except that
there shall be no llmltation on the number of
stories of any Affordable Housing project, as
long as the buildlng helght does not exceed 30
feet.
(b) Maximum Floor Area Ratio. 1.0.
(c) Maximum Unit Density. For parcels
of 4,000 square feet or more, one (1) dwelling
unit for each 1,250 square feet of parcel area
shall be perm1- tted. For parcels less than
53
~
4,000 square feet, no dwelling unlts shall be
permitted, except that one (1) dwelllng unlt
may be permitted lf a single family dwelling
existed on the parcel on September 8, 1998.
(d) Maximum Parcel Coverage. Fifty
Percent (50%) of the parcel area.
(e) Minimum Parcel Size. 5,000 square
feet. Each parcel shall contain a InlnlmUm
depth of 100 feet and a mlnlmum wldth of 50
feet, except that parcels eXlstlng on
September 8, 1988 shall not be subJect to this
requlrement.
(f) Front Yard Setback. The minimum
required front yard setback shall be e1ther
twenty (20) feet, or shall comply with the
minimum front yard setback for the dlstrlct as
set forth in the Offlclal Distrlctlng Map,
whichever area lS greater.
(g) Rear Yard Setback. 15 feet.
(h) Side yard Setback. The mlnlmum
required side yard setback shall be determlned
ln accordance with the followlng fornula,
except that for lots of less than 50 feet ln
width, the minimum requlred side yard setback
54
9.04.10.02.111 Residential uses in non-
residential districts.
Slngle-farnily dwelllng units , multifamily
dwelling units, congregate hous~ng,
transitional housIng, slngle-room occupancy
housing, and senIor houslng, located in non-
residentlal distrIcts, Includlng but not
lim~ted to the BCD, C2, C3, C3C, C4, C5, C6,
CC, CM, CP, M1, and RVC Distr1cts shall comply
with the follow1ng development standards:
(a) Location. Resldential units may be
located on the ground floor provided they are
at least 50 feet from the front property line.
Th~s requirement may be rnodlf ied subj ect to
the approval of a variance. ThlS requirement
shall not apply to developments ln the BCD,
C5, CP or Ml Distrlcts or to Affordable
HousIng ProJects.
(b) Access.
Any
residentlal
development on a parcel zoned for a non-
resldential use shall have both a separate and
secured entrance and exit that are directly
accessible to on-site parklng.
(c) Refuse storage and Location.
ResIdential unIts on a parcel zoned for non-
resIdential uses shall be provlded with
56
shall be Ten Percent (10%) of the parcel width
but in any event not less than four (4) feet:
5' + (storles x lot width)
50'
( i) Development Review. A development
Review Permit shall be required for any
development of 22,500 square feet or more in
floor area.
(j)
Private open Space.
Any proj ect
containlng four (4)
or more residential
dwelling units shall prov1de the following
mInimum open space: 100 square feet per unit
for projects with four (4) or five (5) units,
and 50 square feet per unit for projects of
six (6) units or more.
For purposes of thlS
requirement, residential dwelling unlt shall
mean any unit 376 square feet in area or
larger.
Affordable Hous1ng Projects may
substitute one (1) square foot of common open
space for each square foot of required private
open space.
SECTION 9.
Section 9.04.10.02.111 of the Santa Monica
Municipal Code 1S amended to read as follows:
55
~
standards:
(a) Maximum Number of DltTelling units.
The number of dwelllng units ~ay exceed that
which is perlutted In the underlying zoning
district if the dwelling units cons 1St of
individual rooms that conta1n full bathrooms
and small, efficlency kl tchens and if the
dwell1ng un1ts are located in a building that
also contains a common kitchen, dinlng and
living space, adequate to serve all residents.
(b) Lighting. Adequate external lightlng
shall be provided for securlty purposes. The
lighting shall be statlonary, dlrected away
from adjacent propert1es and public
rlghts-of-way, and of an lntenslty compat1ble
with any residential neighborhood.
(c) Laundry Facilities. The development
shall provide laundry facllities or serVlces
adequate for the res1dents.
(d) common Facilities. The development
may provide one or more of the following
speclfic common fac11ities for the excluslve
use of the senior citizen resldents:
(1) Central cooklng and dlning room.
(2) Beauty salon and barber shop.
(3) Small pharmacy.
58
refuse and recycl1ng storage containers
separate from those use by any non-residential
uses on the same parcel. The containers shall
pe clearly marked as belng for res1dentlal use
only, and their use by any non-residentlal use
shall be prohib1ted.
(d) Private Open space. Any project
containing four (4) or more residential
dwel11ng units shall prov~de the following
minimum open space: 100 square feet per unlt
for proJects with four (4) or five (5) units,
and 50 square feet per unit for proJects of
sIx (6) unlts or more. For purposes of this
requlrement, residential dwelling unit shall
mean any unl t 376 square feet in area or
larger. Affordable Hous1ng Projects may
substitute one (1) square foot of common open
space for each square foot of required private
open space.
..,.
SECTION 10. section 9.04.10.02.141 of the Santa Monica
Munic1pal Code lS amended to read as follows:
9.04.10.02.141 senior group housing.
Senlor group housing located in any district
shall cOr:lply with the followlng development
57
~
are hereby repealed or modifled to that extent necessary to affect
the prov~sions of th1s Ordinance.
SECTION 12.
If any sect10n, 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 jurlsdiction, such decls10n shall not affect the validity
of the remainlng portions of thlS Ordinance.
The city Council
hereby declares that 1t would have passed th15 Ordinance, and each
and every sectlon, subsect1on, sentence, clause, or phrase not
declared 1nvalid or unconstitutional wlthout regard to whether any
portion of_the Ordinance would be subsequently declared lnvalid or
unconstitutlonal.
SECTION 13.
The Mayor shall slgn and the City Clerk
shall attest to the passage of this Ord1nance.
The City Clerk
shall cause the same to be publlshed once in the official newspaper
within 15 days after its adoption.
ThlS Ordinance shall become
effective after 30 days from its adoptlon.
APPROVED AS TO FORM:
h <LA J.iJ .
f ~.U/~ f~+Lu
MARSHA JO~S MOUTRIE
City Attorney
60
(4) Recreatlon room.
(5) Library.
(e) security. Parking and outdoor
facilities shall be des1gned to provide
security for residents, guests and employees.
(f) Minimum age. Residential occupancy
shall be limited to single persons 60 years
of age or older, or to couples ln which one
person is 60 years of age or older.
(g) Private Open Space. Any project
containing four (4) or more residential
dwelling units shall provide the following
mrn1mum open space: 100 square feet per unit
for proJects with four (4) or five (5) units,
and 50 square feet per unit for proJects of
S1X (6) units or more. For purposes of this
requirement, residentlal dwelling un1t shall
mean any unit 376 square feet ln area or
larger. Affordable Housing ProJects may
substitute one (1) square foot of common open
space for each square foot of requlred private
open space.
~
...,
SECTION 11. Any provision of the Santa Monica Municipal
Code or appendices thereto lncons1stent w1th the provislons of this
Ordinance, to the extent of such inconslstencles and no further,
59
"
Adopted and approved thIS 13th of September. 1994
/l ~jb
-'q.
/tayor
I hereby cemfy that the foregomg Ordmance No. 1767 (CCS) was duly adopted at a
meetmg of the CIty CouncIl held on the 13th of September, 1994 by the followmg vote
Ayes CouncIlmembers
Abdo. Genser. Greenberg, Holbrook. Olsen. Rosenstem.
Vazquez
Noes Councllmembers
None
Abstam Councllmembers
~one
Absent Councllmembers
None
ATTEST
'&Lr4~
---- ......-
CIty Clerk