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SR-8B (26) I-,B JUN 22 1993 CA:JL:stffrpt2\pc\df city council Meeting 6-22-93 Santa Monica, California STAFF REPORT TO: Mayor and city Council FROM: city Attorney SUBJECT: Ordinance Implementing the Commercial Development Standards Program and Portions of the Affordable Housing Ordinance At its meeting on June 15, 1993, the City Council introduced for first reading an ordinance implementing the commercial development standards program and portions of the affordable housing ordinance. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Joseph Lawrence, Acting City Attorney g-! JUN 22 1993 CA:JL:MHS:comdev2/pc City Council Meeting 6-22-93 Santa Monica, California ORDINANCE NUMBER l687(CCS) (city council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE TO IMPLEMENT THE COMMERCIAL DEVELOPMENT STANDARDS PROGRAM AND PORTIONS OF THE AFFORDABLE HOUSING ORDINANCE WHEREAS, the City Council adopted a Resolution of Intention to amend the development standards in the commercial districts of the City; and WHEREAS, the Planning Commisslon held public hearings on the commercial Development standards and proposed ordinances revisions on January 13, 1993, and made recommendations to the City Council following the hearing; and WHEREAS, the City Council held a public hearing on the Commercial Development standards and proposed ordinance revisions on February 9, 1993, March 16, 1993, and March 30, 1993; and WHEREAS, the City Council approved a motion to adopt the proposed ordinance revisions following the public hearing; and WHEREAS, the City Council finds and declares that the proposed amendment is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the - 1 - adopted General Plan, in that the development standards and permitted uses contained in the ordinance are consistent with the Land Use and Circulation Element of the General Plan, and in that the proposed amendments allow for and encourage housing in the commercial districts, in keeping with the policies contained in the Housing Element of the General Plan; and WHEREAS, the public health, safety, and general welfare require the adoption of the proposed amendment, in that the commercial development standards set appropriate limits to non-residential development in the commercial and industrial zoning districts, outside the specific plan areas of the City, in order to allow non-residential growth in amounts sufficient to keep the city fiscally sound, and at a level that will protect the health and welfare of city residents and maintain quality of life standards. Furthermore, the standards provide expanded housing opportunities in the city, which improves the imbalance between jobs and housing in Santa Monica, NOW, THEREFORE, 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 - 2 - 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 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 ot Nature. A natural occurrence such as an earthquake, flood, tidal wave, hurricane or tornado which causes substantial damage to buildings or property. Affordable Housing project. Housing in which One Hundred Percent (100%) of the dwelling units are deed-restricted or restricted by an agreement approved by the City for occupancy by low or moderate income households. Such projects may also include non-residential uses, as long as such uses do not exceed Thirty-Three Percent (33%) of the floor area of the total project. Al tered Grade. A change in the elevation of the ground surface from its natural state due to grading, excavation or filling. - 3 - Arcade. A public passageway or colonnade open along at least one side, except for structural supports I 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 permitted provided 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 building or accommodate groups of people room designed to 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. establishment which sells or Any leases business new or used automobiles, trucks, vans, trailers, recreational vehicles, boats or motorcycles or other similar - 4 - motorized transportation vehicles. An automobile dealership 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 vehicles sold or leased by the dealership. Automobile Rental Agency. Any business establishment which rents or otherwise provides motorized transportation vehicles on a short-term basis typically for periods of less than one (1) month, and which maintains such vehicles on-site or at a nearby location. For the purpose of this Chapter, rental of trucks exceeding one ton capacity or rental of other heavy equipment shall constitute distinct uses separate from an automobile rental agency. 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 service and sales, or the installation of CB radios, car alarms, stereo equipment or cellular telephones. AutomObile Sales Facility. See Automobile Dealership. - 5 - Automobile storage Lot. Any property used for short or long term parking of vehicles for sale or lease at an automobile dealership. Automobile Washing Faeili ty. Any building, structure, improvement or land principally used for washing motor vehicles. 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 "theoretical grade" or "grade, theoretical.1I Awning. A temporary shelter supported entirely from the exterior wall of a building. Awnings may be fixed or collapsible, retractable or capable of being folded against the face of the supporting building. Balcony. A platform that projects from the wall of a building and is surrounded on the exposed sides by a railing or wall up to forty-two (42) inches in height. Bar. An establishment with a IIpublic-premises" liquor license and restaurants with a liquor serving facility 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 finished first floor. A basement shall be considered a story if the finished first floor extends more than three (3) feet above the average natural grade. Bed and Breakfast Facility. A building or portion of a building used as a temporary lodging place for individuals which does not have more than four guest rooms and one kitchen. Bedroom. A private 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~ Building. Any structure having a roof supported by columns or walls and intended for the she 1 ter , hous ing or enclosure of any 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 - 7 - 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 with development projects l.n 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 building is rarely only one (1) of these simple forms, and is generally a composite of these forms. Building, Principal. A building in which the principal use of the lot on WhlCh it is located is conducted. 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 continuation of an existing use does not constitute a change of use. - 8 - Child Day Care Facility. A facility which provides non-medical care to children under eighteen (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 twenty-four (24) hour basis. Child day care facility includes day care centers and family day care homes. Church. See Place of Worship definition. cinema. A motion picture theater where the primary use is to show motion 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 activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings and a constitution or by-laws. C~mmon Open Space. Usable open space which is for the use of the residents of two (2) or more dwelling units. Community Care Facility. Any state licensed facility, place, or building which is maintained and operated to provide non-medical residential care, day treatment, adult day care or foster family agency services for children, adults, or children - 9 - and adults as defined 1n Article 1 of Chapter 3 of the California Health and Safety Code Section, 1500 et seg. conditional Use Permit. A discretionary permit obtained in accordance with Part 9.04.20.12, permitting the establishment of particular uses in a zoning district. congregate Housing. A multi-family residential facility with shared kitchen facilities, deed-restricted or restricted by an agreement approved by the City for occupancy by low or moderate income households, designed for occupancy for periods of six (6) months or longer, providing services which may include meals, housekeeping, and personal care assistance as well as common areas for residents of the facility. Cultural Facilities. Museums, galleries, theaters and the like, which promote educational and aesthetic interest within a community. Day Care Center. Any child day facility other than a family day care home, and includes infant centers, preschools and extended day care facilities. Domestic Violence Shelter. A residential facility which provides temporary accommodations to persons or families who have been the victims of domestic violence. Such a facility may also provide - 10 - meals, counseling, and other services, as well as common areas for the residents of the facility. Drive-Through or Drive-In Restaurant. A restaurant where customers may be served food ln their vehicles for consumption either on or off the site. Duplex. One (1) structure on a single lot containing two (2) dwelling units, each of which is functionally separated from the other. Dwelling. A structure or portion thereof which is used principally for residential occupancy. Dwelling, MUlti-Family. A dwelling containing two (2) or more dwelling units. Dwelling, Single-Family. A building containing one (1) dwelling unlt which contains only one (1) kitchen and which lS located on a permanent foundation. Dwelling unit. One (1) or more rooms, designed, occupied or intended for occupancy as separate living quarters, with full cooking, sleeping and bathroom facilities for the exclusive use of a single households. Dwelling unit, Efficiency. A dwelling unit consisting of not more than one (1) habitable room together with kitchen or kitchenette and bathroom facilities. Electric Distribution substation. An assembly of equipment which could lnclude fuel cells and - 11 - 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. The exterior side of a building. Fast-Food or Take-Out Restaurant. A restaurant where customers purchase food at a walk-up window or counter and either consume the food on the premises within a short period of time or take the food off the premises. A restaurant shall not be considered a fast-food or take-out restaurant solely on the basis of incidental or occasional take-out sales. Fence. A barrier of any material or combination of materials functioning as an enclosure or for screening. Fence 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. Finished First Floor. The top of the first floor of a structure which does not extend more than three (3) feet above the average natural grade. Floor Area. The total gross horizontal areas of all floors of a building, including usable - 12 - basements below the roof and measured from the wall interior face of exterior walls, separating two buildings excluding: (a) Stairways and stairwells; (b) Elevators, elevator equipment rooms and elevator shafts; (c) Ramps to a subterranean or semi subterranean parking structure or ramps between floors of a parking structure providing the ramp does not accommodate parking; (d) Unenclosed decks, balconies and not used for commercial or restaurant or a platforms activity; (e) Exterior courtyards, arcades, atria, paseos, walkways and corr1dors whether or not covered by a roof provided they are not used for commercial or restaurant activity; (f) The volume above interior courtyards, atria, paseos, walkways and corridors whether covered or not; (g) Subterranean and semisubterranean parking structures used exclusively for parking and loading and unloading; eh) At grade parking not covered by a building, structure or roof; (i) Loading docks open or covered by a roof or canopy, but otherwise unenclosed and used exclusively for loading and unloading; - 13 - (j) Mechanical equipment rooms, electrical rooms, telephone rooms and similar space if located below grade. Floor area shall include those areas occupied by the following: l. Restrooms, lounges, lobbies, ki tchens, storage areas and interior hallways and corridors; 2. The floor area of interior courtyards, atria, paseos, walkways and corridors covered by a roof or skylight; 3. Covered at-grade parking; 4. Above grade parking. Floor area devoted to covered at-grade parking shall be counted at two-thirds (2/3) of the actual area if all of the following conditions are met: 1. The floor devoted to parking does not exceed ten (10) feet in height; 2. There is at least one (1) 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 wi thin forty (4 0) feet of the front property line; - 14 - 5. The des~gn of the parking levels is compatible with 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 (4) or more games or amusements. These games or amusements include, but are not limited to, electronic, 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 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 (2) feet above the average natural grade, except for openings for ingress and egress. General Retail. BUSlnesses 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 strlpping, cutting, soil removal, filling or stockpiling of earth or land. - 15 - Ground Cover. A low growing woody or herbaceous plant with low, compact growth habits which normally crawls or spreads, and which forms a solid mat or dense cover over the ground withln two years of installation. Mature heights of groundcover will usually range from three (3) inches to three (3) feet. Ground Floor. The first level of a building other than a basement. Ground Floor street Frontage. The first level of a building, other than a basement, to a depth of no less than fifty (50) feet of the front of the lot. Habitable space. Space ln a dwelling unit for living, sleeping, eatlng or cooking. Bathrooms, closets, halls, storage or utility space, and parking areas are not consldered habitable space. Hardscape. An open area comprised of durable non-living materials including, but not limited to rocks, pebbles, sand, wood, mulch, chips, walls, fences, planters, bricks, stone, aggregate, natural forms and water features. Hedge. A barrier of plant material functioning as an enclosure or used for screening. Homeless Shelter. A residential facility, other than a community care facility, operated by a provider which provides temporary accommodations to persons or families with low income. The term - 16 - "temporary accommodations" means that a person or family will be allowed to reside at the shelter for a time period not to exceed six (6) months. For the purpose of this definition, a "provider" shall mean a government agency or private non-profit organization which provides, or contracts with recognized community organizations to provide, emergency or temporary shelter, and which may also provide meals, counseling, and other services, as well as common areas for residents of the facility. Such a facility may have individual rooms, but is not developed with indiv1dual dwelling units, with the exception of a manager's unit. Home Occupation. A home enterprise in a residential dwelling unit incidental and secondary to the use of the dwelling unit and compatible with surrounding residential uses. Home occupation Permit. An administrative permit obtained in accordance with Part 9.04.20.04 to allow a home occupation. Hospice. A facility that provides residential living quarters for up to six (6) terminally ill persons. A hospice is a permitted use in all residential districts. Hotel. A building, group of buildings, or a portion of a building which is designed for or occupied as the temporary lodging place of individuals for less than thirty (30) consecutive - 17 - 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 similar 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 within the dwelling unit. Incidental Food Services. Any building, room, or portion thereof where food is sold at where less than two hundred fifty (250) space retail 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 given lot which consists of living plant material 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. - 18 - Large Family Day Care Home. A home which provides family day care to seven (7) to twelve (12) children at anyone time, including children under the age of ten (10) years who reside at the home, as defined in state regulations. Light Manufacturing. Manufacturing uses conducted within an enclosed building that include fabricating, assembling, testing, repairing, servicing or processing products where the nature of the operation is not obnoxious or offensive by reason of emission of odor, dust, noxious gas, noise, vibration, glare, heat or other adverse environmental impacts. Living Area. The inter ior habitable area of an existing principal dwelling unit including basement and shall not include a garage. Living Quarters. A structure thereof which is used principally habitation. Loading Space. An off-street space or berth on the same lot with a building for the temporary parking of a vehicle while loading or unloading of goods. Loft. See Mezzanine. Lot. A lot. Low-Income Household. A household whose gross annual income does not exceed Sixty Percent (60%) of the median income of the Los Angeles-Long or portion for human - 19 - Beach-Anaheim Primary Metropolitan statistical Area ePMSA), as determined periodically by the U.s. Department of Housing and Urban Development (HUD), adjusted for household size. If a provision of the Municipal Code otherwise specifically deflnes low income household, then that definition governs the application of that section. See Moderate Income Household and Very Low Income Household. Manufactured House. A residential structure built off-site and moved to a designated site for placement on a permanent foundation. Mezzanine. An intermediate level without walls or partitions, placed in any story or room and open to the space below. When the total area of any such mezzanine floor exceeds Thirty-Three and One-Third Percent (33 1/3%) of the total floor area in that room, it shall constitute an additional story. The clear height above or below a mezzanine floor shall not be less than seven (7) feet. No more than one (1) continuous mezzanine may be permitted in anyone (1) room. A mezzanine shall be considered a loft. Middle-Income Housebold. A household whose gross annual income is One Hundred Percent (100%) of the median income of the Los Angeles-Long Beach-Anaheim Primary Metropolitan Statistlcal Area (PMSA), as determined periodically by the U.s. - 20 - Department of Housing and Urban Development (HUD) adjusted for household size. Mini-Mart. A small retail store selling commonly purchased groceries, fast-foods, household goods, and impulse items, and located on the same lot as a service 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 tires, 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, engine and drive train overhaul, auto dismantling, body and fender work, welding, repair of tops, seat covers and upholstery, auto glass work, painting, rebuilding batteries, tire recapping or retracting 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 combination of residential, office, manufacturing, retail, public or entertainment in a single or physically integrated group of structures. - 21 - Mobilehome Park. See Trailer Park. Moderate-Income Household. A household whose gross annual income does not exceed One Hundred Percent (100%) of the medlan income of the Los Angeles-Long Beach-Anaheim Primary Metropolitan statistical Area (PMSA), as determined periodically by the U.S. Department of Housing and Urban Development (HUD), adjusted for household size. If a provision of the Municipal Code otherwise specifically defines moderate income household, then that definition governs the application of that Section. See Low Income Household and Very Low Income Household. Motel. An establishment providing transient accommodations containing six (6) or more rooms with at least Twenty-Five Percent (25%) of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building. Neighborhood Grocery store. Any small market not exceeding Three Thousand (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 including the area to the center line of a rear alley. - 22 - Niqht 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 the ordinance codified in this Chapter or any amendment thereto, but which fails to conform to the present requirements of the Zoning district. Nursing Home. A fac1lity licensed to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or 1nf1rmity 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: (a) The hazardous waste is transported via commercial railroad, a public-owned road or public waters, where adjacent land is not owned by or leased to the producer of the waste. - 23 - {b} The hazardous waste is at a site which is not owned by or leased to the producer of the waste. (c) The hazardous waste is at a site which 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 seventy-two (72) hours. Overlay District. A zoning designation specifically delineated on the Districting Map establishing land use requirements that govern in addition to the standards set forth in the underlying residential, commercial or industrial district. Parabolic Antenna. An accessory structure of any shape, including the main dish and covering, feedhorn, low-noise amplifier, structural supports and all other components thereof, Wh1Ch transmits and receives electromagnetic waves by line of sight. (a) Groundmounted Dish Antenna. A parabolic antenna, the entire weight of which is supported by an approved platform, framework, pole or other structural system, wh1ch system is affixed directly on or in the ground by a foundation and which system is freestand1ng, excluding lateral - 24 - bracing to a building. (b) 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 dish antenna. (c) Microwave Relay Antenna. A transmitting and receiving antenna, typically disc or double convex shaped with no active element external to the disc, that communicates by line of sight with another similar antenna. (d) Reasonable Funetional 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 receives or transmits electromagnetic waves. (e) Roofmounted Dish Antenna. A parabolic antenna, the entire weight of which is supported by a building through the use of an approved framework or other structural system, which system is affixed to one (1) or more structural members of the roof of the building or to any structural portion of the building above the roof line. (f) satellite Earth station Antenna. An antenna that receives or transmlts communications by line of sight with a geosynchronous orbiting - 25 - satellite. (g) Screening. The effect of locating a parabolic antenna behind a bUl1ding 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. (h) TVRO Antenna. Television receiving only antenna. Parapet. All low wall or railing not exceeding forty-two (42) inches above the roof and along its perimeter. Parcel. A portion of land separated from other portions of land by legal description, as on a subdivision or record of survey map, or by metes and bounds. Parcel shall also include two (2) or more lots combined to be used, developed, or built upon as a unit as provided for in section 9.04.06.010. Parcel Area. The total area within 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 their intersection, or upon two (2) parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees. - 26 - 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 abutting a public road and where public road is by a narrow, driveway. 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 (1) parcel from another parcel or from a public or private street or any other public space. Parcel Line, Front. The parcel line separating a parcel from a street right-of-way. In the case of a corner parcel, the line separating the narrowest street frontage of the parcel from the street shall be considered the front. Parcel Line, Rear. The parcel line opposite and most distant from the front parcel line: or in the case of triangular or otherwise irregularly shaped parcel, a line ten (10) feet in length entirely within the parcel, parallel to, and at a maximum distance from the front parcel line. fronting on or access to the right-of-way or - 27 - Parcel Line, Side. Any parcel line other than a front or rear parcel line. Parcel, Reversed Corner. A corner parcel, the side street line of WhlCh is substantially a continuation of the front parcel line of the first parcel to its rear. parcel, Through. A parcel which fronts on two (2) parallel streets or which fronts upon two (2) streets which do not lntersect at the boundarles of the parcel. Parcel Width. The horizontal distance between the side lines of a parcel measured at right angles to its depth along a straight line parallel to the front parcel line at the street or public right-of-way that is identified as the parcel's address. Pedestrian Orientation. Design qualities and elements that contribute to an active, inviting street-level environment making the area a pleasant place to walk and shop including, but not limited to: (a) Street furniture; (b) Design amenities related to the street level such as awnings, paseos, arcades; (c) Visibility into buildings at the street level; - 28 - (d) Highly articulated facades at the street level with interesting uses of material, color and architectural detaillng; (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 buildings and stores; (g) Signage orlented and scaled to the pedestrian rather than the motorlstj (h) Landscaping. Pedestrian-Oriented Use. A use which is intended to encourage walk- in customers and which generally does not limit the number of customers by requiring appointments or otherwise excluding the 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. Penthouse. A structure not exceedlng fourteen (14) feet in height located on the roof of a building used for the purpose of sheltering mechanical equipment or vertical shaft openings in the roof. - 29 - Performance Standards Permit. An administrative permit obtalned in accordance with Part 9.04.20.08. Permitted Use. Any use allowed in a zoning district and subject to the restrictions applicable to that zoning 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 (7) member body responsible for carrying out functions with respect to planning and zoning as may be prescribed by this Article. Porte Cocbere. A footed structure extending from the entrance of a building over an adjacent driveway, the purpose of which is to shelter persons entering and exiting a bu~lding. Primary Space. Living room, dining room, family room, library or similar such activity room in a dwelling unlt. primary Window. A glazed surface whose area is larger than any other glazed surface in a room which serves as a primary space. Principal Use. The prlmary or predominant use of any site. - 30 - Photocopy Shop. An establishment that reproduces or prlnts documents. A print shop shall be considered to be the same as a photocopy shop. Private Club or Lodge. A building and related facilities owned or operated by a corporation, association 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 qualifications for membership and pay dues. A private club or lodge does not include a facility where the principal membershlp requlrernents is payment of a membership or admission fee. Private Tennis Court. A tennis court which is used for noncommercial purposes by the owner of the property or their guests. Public Land. Any government-owned land, including, but not limited to, public parks, beaches, playgrounds, trails, pathsl 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. - 31 - 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 For The Elderly. A state licensed housing arrangement chosen voluntarily by residents over 60 years of age where varying levels and intensities of care and supervision, protective supervision, personal care, or health related services are provided, based upon residents' varying needs, as determlned in order to be admitted and remain in the facility, as defined in Chapter 3.2 of the California Health and Safety code, section 1569 et. seq. A Residential Care Facility for the Elderly serving six or fewer persons shall be considered a family dwelling for all zoning purposes. Residential Facility. A community care facility which consists of any family home, group care facility, or similar facility as determined by the Director of the State Department of Social services, for twenty-four (24) hour non-medical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of - 32 - the individual, as defined in Article 1 of Chapter 3 of the California 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 zoning purposes. Residential Use. One (1) 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 supervision for twenty-four (24) or more consecutive hours to two (2) or more patients who are not related to the governing authority or its members by marriage, blood or adoption. Roof. That portion of a buildlng or structure above walls or columns that shelters the floor area or the structure below. Sanitarium. An institution for the treatment of persons with chronic and usually long-term illnesses. Secondary window. Window serving a bathroom, kitchen, stairway, corridor or bedroom, storage - 33 - area in a dwelling unit, or a window in a primary space which is not a prlmary window. Self-Service storage Warehouse (Mini-Warehouse) . A warehouse operation where customers rent or lease, and have direct access to, individual storage areas, compartments or rooms within a larger structure or structures provided for storage use. senior citizen. An individual sixty-two (62) years of age or more. senior Group Housing. A building or buildings, including a single family dwelling, that provides residence for a group of senior citizens with a central kitchen and dining facilities and a separate bedroom or private 11vlng quarters. senior Housing. Multi-family residential housing, other than a Residential Care Facility for the Elderly or Senior Group Housing, developed with individual dwelling units, in which each unit is restricted for occupancy by at least one person in each household who is sixty (60) years of age or older. without restriction as to age of occupant, units may also be occupied by management or maintenance personnel who are required to live on the premises. service station. Any establishment whose primary function is the retail sale of petroleum products and vehicle accessories normally associated - 34 - with this use, and shall include those service stations providing full-serV1ce or self-service stations. setback. The distance between the lot line and a building, not including permitted projections. Shrub. A plant with a compact growth habit and branches coming from the base of the plant. Mature heights of shrubs may vary from one (1) foot to fifteen (15) feet depending on their species and landscape application. sidewalk Cafe. Any 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-of-way and which is associated with a restaurant or other eating and drinking establishment on a contiguous adjacent lot. single Room Occupancy Housing. Multi-family residential buildings containing housing units with a minimum floor area of one hundred fifty (150) square feet and a maximum floor area of three hundred seventy-five (375) square feet which may have kitchen and/or bathroom facilities. Each housing unit is restricted to occupancy by no more than two (2) persons and is offered on a monthly rental basis or longer. site. Any plot or lot of land or combination of contiguous lots of land. - 35 - Skylight. That portion of a roof which is glazed to admit light, and the mechanical fastening required to hold the glazing, including a curb not exceeding ten (10) inches in height, to provide a weatherproofing barrier. Small Family Day Care Home. A home which provides family day care to six (6) or fewer children at anyone time, including children under the age of ten (10) years who reside at the home, as defined in State regulatlons. Solar Energy system. Any solar collector or other solar energy device, or any structural design feature of a building whose primary purpose is to provide for the collection, storage or distribution of solar energy for space heating or cooling, water heating or electrlcity. specialty Office. Uses intended to provide a service without requiring an appointment such as travel agencies, real estate offices and insurance agencies. story. That portion of a buildlng included between two (2) consecutive floors of a building. A basement shall not be considered a story if the finished first floor does not exceed three (3) feet above the average natural grade of the lot. An unfinished attlc shall not be considered a story. A mezzanine shall be consldered a story if it is not open to the floor below, if it contains any enclosed - 36 - rooms, bathrooms, closets and the like, or if it contains more than Thirty-Three and One-Third Percent (33 1/3%) of the total floor area of the room(s) onto which it opens. Structure. Anythlng constructed or erected, which requires a fixed locatlon on the ground, or is attached to a buildlng or other structure having a fixed location on the ground. Subdivision. See Chapter 9.20 for all subdivision definitions. substantial Remodel. Removal of Fifty Percent eSO%) or more of the exterior walls or removal of Fifty Percent (50%) or more of supporting members of a structure such as bearing walls, columns, beams or girders. Tandem parkinq. A group of two (2) or more parking spaces arranged one ( 1) behind the other where one (1) space blocks access to the other space. Temporary structure. A structure without any foundation or footing and which is removed when the designated time period, activity or use for which the temporary structure was erected has ceased. Temporary Use Permit. An administrative permit obtained in accordance with Part 9.04.20.06. Theater. Any has where live entertainment is given or held as the prlncipal use, any establishment containing a permanent stage upon - 37 - 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 trailer. Trailer Court or Mobilehome Park. Any area or tract of land used or designed to accommodate one (1) or more trailers J.n use for human habitation with minimum facilities for water, sewer, electricity and laundry. Transitional Housing. A mUlti-family residential facility developed ln an individual dwelling unit format that does not restrict occupancy to six (6) months or less and that provides temporary accommodations to low and moderate-income persons and familJ.es for periods of up to three (3) years, and which also may provide meals, counseling, and other services, as well as common areas for residents of the facility. Tree. A plant having at least one (1) well-defined stem or trunk and normally attaining a mature height of at least fifteen (15) feet, with an average mature spread of fifteen (15) feet, and having a trunk that shall be kept clear of leaves - 38 - and branches at least six (6) feet above grade at maturity. Tree, Fifteen (15) Gallon. A fifteen (15) gallon container tree shall be no less than one (1) inch caliper and at least S1X (6) feet in height above grade at the time of planting. Tree, Twenty-Four (24) Inch Box. A twenty-four (24) inch box tree shall be no less than one and three-quarters (1-3/4) inch caliper and at least seven (7) feet in height above grade at the time of planting. Usable Open Space. Outdoor space which is specifically designed and constructed to be occupied by and used by residents of the dwelling units on a lot. Use. The purpose or activity for Wh1Ch land is zoned or a structure is intended or used. Variance. A discret10nary permit obtained in accordance with part 9.04.20.10. Very Low Income Household. A household whose gross annual income is between Zero Percent (0%) and Fifty Percent (50%) of the 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. - 39 - 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 buildlngs. 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 unoccupled and unobstructed from the ground upward except as may per permitted by this Chapter. Yard, Rear. A space extending the full width of the lot between the principal building and the rear lot line measured perpendicular from the rear lot line to the closest point of the principal building. The rear yard shall be unoccupied and unobstructed from the ground upward except as may be permitted by this Chapter. Yard Sale. Any sale held for the purpose of selling, trading or otherwise dlsposing of unwanted household furnishings, personal goods or other tangible properties under control of the person holding such sale and conducted in a residential district. Yard, side. A space extending the full depth of the lot between the principal building and the side lot line measured perpendlcular from the side - 40 - lot line to the closest point of the principal building. The side yard shall be unoccupl.ed and unobstructed from the ground upward except as may be permitted by this Chapter. Yard, street side. A space extending the full depth of the lot between the principal building and the side lot line adjacent to a public street right-of-way measured perpendicular from the 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. Zoning ordinance. The Comprehensive Land Use Ordinance of the City of Santa Monica. SECTION 2. Part 9.04.08.14 of the Santa Monica Municipal Code is amended to read as follows: Part 9.04.08.14 Broadway Commercial District 9.04.08.14.010 Purpose. The Broadway Commercial District is intended to protect and enhance neighborhood commercial areas by promoting the concentration of businesses that provide convenience goods and services used frequently by local residents. This District provides for a scale and character of development that is consistent with pedestrian orientation and which tends to attract and promote a walk-in - 41 - clientele. Development within this District should maximize human scale elements while providing a sensitive transition between these uses and neighboring residences, including the provision of adequate and properly slted parking facilities. Additionally, the Broadway Commercial District encourages residential mixed use of commercially zoned parcels to further enhance the transition between neighborhood commercial and adjacent residential uses, conslstent with the goals, objectives, and policies of the General Plan. 9.04.08.14.020. Permitted Uses_ The following convenience goods and service type uses shall be permitted in the Broadway Commercial District, if conducted within an enclosed building (except where otherwise permitted): (a) Appllance stores. (b) Appliance or electronic repair shops. (c) Art galleries. (d) Artist studios. ( e) Barber or beauty shops. (f) Child day care centers. (g) Cleaners. (h) Congregate housing. ( i) Domestic violence shelters. (j) Drug stores. - 42 - (k) Food stores. (1) General offices above the first floor. (m) Hardware stores. (n) Homeless shelters with less than 55 beds. (0) Laundromats. (p) Libraries. (q) Medical, dental, and optometrist offices, provided that the use does not exceed Twenty-Five Percent (25%) of total square footage of the building or three thousand (3,000) square feet, whichever is less. (r) Multl-family dwelling units. (s) Offices and meeting rooms for charitable, youth and welfare organizations. (t). Places of worship. (u) Public parks and playgrounds. (v) Photocopy shops. (w) Plant nurseries supplies, except planted stock are within an enclosed building). (x) Restaurants of fifty (50) seats or (provided all kept entirely less. (y) Schools. (z) Senior group housing. (aa) Senior housing. (bb) Single family dwelling units. - 43 - (cc) Single room occupancy housing. (dd) Specialty offices. (ee) Tailors. (ff) Transitional housing. (gg) Accessory uses which are determined by the Zoning Administrator to be necessary and customarily associated with, and are appropriate, incidental, and subordinate to, the principal permitted uses and which are consistent with and no more disturbing or disruptive than permitted uses. (hh) other uses determined by the Zoning Administrator to be similar to those listed above which are consistent with and no more disturbing or disruptive than permitted uses. 9.04.08.14.030. Standards Permit. The following uses may be permitted in the Broadway Commercial District subject to approval of a Performance Standards Permit: Uses Subj ect to Performance (a) Automobile storage lots associated with automobile dealerships selling new vehicles on the effective date of this Chapter. Existing automobile storage lots shall comply with section 9.04.12.100 within three years from the effective date of this Chapter. - 44 - (b) Large family day care homes. (c) Sidewalk cafes. 9.04.08.14.040. Conditionally Permitted Uses. The following uses may be permitted in the Broadway Commercial District subject to the approval of a Conditional Use Permit: (a) Homeless shelters with 55 beds or more. (b) Service stations. 9.04.08.14.050. Prohibited Uses. (a) Cinemas. (b) Rooftop parking on parcels directly abutting, or separated by an alley from, a residential district. (c) Any use not specifl.cally authorized. 9.04.08.14.060. property Development standards. All property in the Broadway District shall be developed in accordance with the following standards: (a) Maximum Building Height. Two (2) stories, not to exceed thirty (30) feet except that if Fifty Percent (50%) or more of the buildl.ng is residential, three (3) stories, not to exceed forty-five (45) feet. There shall be no limitation - 45 - on the number of stories of any structure containing at least one floor of residential use, so long as the height does not exceed the maximum number of feet permitted in this Sectlon. (b) Maximum Floor Area Ratio. The maximum floor area rat10 shall be determined as follows: Parcel FAR FAR if at least 30% Square Footaqe of prolect is residential 0-15,000 1.0 1.5 15,001-22,500 .90 1.3 22,501 and up .80 1.15 c. Minimum Lot Size. Seven thousand five hundred (7,500) square feet. Each parcel shall have minimum dimensions of fifty (50) feet by one hundred fifty (150) feet, except that parcels existing on the effective date of this Chapter shall not be subject to this requlrernent. (d) Front Yard Setback. Landscaping as required pursuant to the provisions of Part 9.04.10.04. (e) Rear Yard Setback. None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' +(stor1es x lot width) 50' - 46 - The required rear yard may be used for parking or loading to within five eS) feet of the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than five (5) feet or more than six (6) feet in height is erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to perpendicularly cross the required rear yard provided the driveway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. (2) That needed to accommodate landscaping and screen1ng for a rear yard buffer required pursuant to the provisions of Part 9.04.10.04. f. side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential d~strict, an interior side yard equal to: 5' +(stories x lot width) 50' The inter10r side yard may be used for parking or loading no closer than to within five eS) feet of the interior side property line provided the parking or loading does not extend above the first floor level and provided a wall not less than five (5) feet or more than six (6) feet in height is - 47 - erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for commercIal purposes. (2) That needed to accommodate landscaping required for a street SIde yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) A ten (10) foot setback from an interior property line shall be required for portions of buildings that contain windows, doors, or other openings into the interior of the buildlng. An interior side yard less than ten (10) feet shall be permitted if provisions of the Uniform Building Code related to fIre rated openings in side yards are satisfied. g. Development Review. A Development Review Permit is required for any development of more than twenty-two thousand five hundred (22,500) square feet of floor area and for any development with rooftop parking. 9.04.08.14.070. Architectural Review. All new construction, new addi tIons to existing buildings, and any other exter10r improvements that require issuance of a building permit shall be subject to archItectural review pursuant to the provisions of Chapter 9.32 of this Article. - 48 - SECTION 3. Part 9.04.08.16 of the Santa Monica Municipal Code is amended to read as follows: Part 9.04.08.16. District C2 Neighborhood Commercial 9.04.08.16.010. Purpose. The C2 District is intended to protect and enhance neighborhood commercial areas by promoting the concentration of businesses that provide convenience goods and services used frequently by local residents. This Distrlct provides for a scale and character of development that is consistent with pedestrian-orientation and which tends to attract and promote a walk-in clientele. Development within this District should maximize human scale elements while providing a sensitive transition between these uses and neighboring residence, including the provision of adequate and properly sited parking facilities. Additionally, the C2 District encourages residential mixed use of commercially zoned parcels to further enhance the transition between neighborhood commercial and adjacent residential uses, consistent with the goals, objectives and policies of the General Plan. 9.04.08.16.020. Permitted Uses. The following convenience goods and service type uses shall be permitted in the C2 District, if - 49 - conducted within an enclosed building, (except where otherwise permitted): (a) Appliance stores. (b) Appliance repair shops. (c) Art galleries. (d) Artist studlOS above the first floor. (e) Branch offlces of banks or savings and loan institutions. (f) Barber or beauty shops. (g) Child day care centers. (h) Cleaners. (i) Congregate housing. (j) Domestic violence shelters. ek) General offices above the first floor; and on the ground floor for parcels located at least one hundred fifty (150) feet from Montana Avenue, Ocean Park Boulevard, or Pico Boulevard. (1) General retail and specialized retail uses. (m) Homeless shelters with less than fifty-five (55) beds. (n) Laundromats. ( 0) Libraries. (p) Multi-famlly dwelling units. (q) Offices and meeting rooms for charitable, youth, and welfare organlzations. (r) Photocopy shops. - 50 - (5) Places of worship. (t) Plant nurseries eprovIded all supplies, except planted stock, are kept entirely within an enclosed building) . (u) Restaurants of fifty (50) seats or less and at which no alcohol is served or consumed. (v) ew) (x) (y) (z) (aa) (bb) (cc) (dd) Schools. Senior group housing. Senior housIng. Shoe repair stores. single famIly dwelling units. Single room occupancy housing. Specialty offices. TaIlors. Theaters with than fewer seventy-five (75) seats. (ee) Transitional housing. (ff) Accessory uses which are determined by the Zoning Administrator to be necessary and customarily associated with, and appropriate, incidental, and subordinate to, the principal permitted uses and which are consistent with and no more disturbIng or disruptive than permitted uses. (gg) Other uses determined by the zoning Administrator to be similar to those listed above which are consistent with and no more disturbing or disruptIve than permitted uses. - 51 - 9.04.08.16.030. standards Permit. (a) Large famlly day care homes. (b) Sidewalk cafes. Uses Subject to Performance 9.04.08.16.040. Conditionally Permitted Uses. The following uses may be permitted in the C2 District subject to the approval of a Conditional Use Permit: (a) institutions. Banks and savings and loan (b) Homeless shelters with fifty-five (55) or more beds. (c) Take-out or fast food restaurants. (d) Medical, dental and optometrist offices provided that the use does not exceed Twenty-Five Percent (25%) of the total square footage of the buildlng, or three thousand (3,000) square feet, whichever is less. (e) Theaters over seventy-five (75) seats. (f) Restaurants of fifty (50) seats or less at which alcohol is served or consumed. (g) Service stations. 9.04.08.16.050 Prohibited Uses. (a) Any use not specifically authorized. (b) Cinemas. - 52 - (e) Dr1.ve-in and drive-through restaurants. (d) Parking structures located below the ground in conjunct1.on with commercial development, except for parking below grade exclusively for residential uses. (e) Rooftop parklng. 9.04.08.16.060. standards. property Development All developed standards: property in the in accordance C2 District with the shall be followlng (a) Front Yard setback. Landscaping as required pursuant to the provisions of Part 9.04.10.04. The building must comply with build-to-line requirements pursuant to the provisions contained in section 9.04.10.02.050. (b) Maximum Building Height. Two (2) stories, not to exceed thirty (30) feet. (c) Maximum Floor Area Ratio. The maximum floor area ratio shall be determined as follows: (1) C2 Distrlct other than Pico BOUlevard: - 53 - Parcel FAR FAR if at least 30% Square Footaqe of proiect 1S residential 0-7,500 .75 .75 7,501-15,000 .50 .75 15,001-22,500 .45 .65 22,501 and up .40 .55 (2) C2 on pico Boulevard: Parcel FAR FAR if at least 30% square Footage of oro"iect is residential 0-7,500 1.0 1.0 7,501-15,000 .70 1.0 15,001-22,500 .60 .85 22,501 and up .50 .75 (d) Minimum Lot size. Seven thousand five hundred (7,500) square feet. Each parcel shall have minimum dimensions of fifty (50) feet by one hundred fifty (150) feet, except that parcels existing on the effective date of th1s Chapter shall not be subject to this requirement. (e) Rear Yard Setback. None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: - 54 - 5' +(stories x lot width) 50' The required rear yard may be used for parking or loading to wlthin five (5) feet of the rear parcel line provided the parking or loading does not extend above the flrst floor level and provided that a wall not less than five (5) feet or more than six (6) feet in height is erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to cross perpendicularly the required rear yard provided the dr1veway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Part 9.04.10.04. (f) side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential distrlct, an interior side yard equal to: 5' +(stories x lot width) 50' The inter lor slde yard may be used for parking or loading no closer than to within five (5) feet to the interior side property line provided - 55 - the parking or loading does not extend above the first floor level and provided a wall not less than five (5) feet or more than six (6) feet in height is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for commercial purposes. (2) That needed to accommodate yard, landscaping required for a street side landscape buffer and screen1ng pursuant provisions of Part 9.04.10.04. ( 3 ) A ten ( 10) an interior property llne shall to the foot setback from be required for portions of buildings that contain windows, doors, or other openings into the interior of the building. An interior side yard less than ten (10) feet shall be permitted if provis1ons of the Uniform Building Code related to fire rated openings in side yards are satisfied. (g) Development Review. A Development Review Permit is required for any development of more than eleven thousand (11,000) square feet of floor area. 9.0408.16.070. special project Design and Development Standards. Projects in the C2 Distrlct shall comply with the following special project design and development standards: - 56 - (a) Retail or restaurant uses shall be limited to the first floor except that such uses may extend to a mezzanine level. (b) Ground floor street frontage of each structure shall be pedestr1an oriented and designed to accommodate pedestrian oriented uses to a minimum depth of fifty (50) feet from the front of the structure. 9.04.08.16.080. Architectural Review. All new construction, additions to existing buildings, any any other exter10r improvements that require issuance of a buildlng permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Article. SECTION 4. Part 9.04.08.18 of the Santa Monica Municipal Code is amended to read as follows: Part District 9.04.08.18.0l0 purpose. The C3 District is intended to maintain and 9.04.08.18 C3 Downtown commercial enhance the downtown area and to provide a concentration and var1ety of commercial, residential, cultural, and recreational opportunities inCluding comparison and general retail, office, cultural uses, and complementary uses such as hotels, houslng, and visitor serving - 57 - uses. The C3 District encourages the concentration of other uses which generate activity during both daytime and evening hours. The development standards for the C3 D~str~ct are intended to provide for a sense of human scale and pedestrian- oriented character at the street level among a variety of commercial and residential mixed uses in the Downtown, consistent with the goals, objectives, and policies of the General Plan. 9.04.08.18.020. Permitted Uses. The following convenience goods and service type uses shall be permitted in the C3 District, if conducted within an enclosed bu~lding, (except where otherwise permitted): (a) Art galleries. (b) Artist studios above the first floor. (c) Cd) (e) institutions. (f) Barber or beauty shops. (g) Business cOlleges. (h) Cleaners. (i) Child day care centers. (j) Congregate housing. (k) Dance stud~os. Auditoriums. Bakeries. Banks and savings and loan - 58 - (1) Domestic violence shelters. (m) Electric distribution substations. (n) Exercise facilIties. (0) General offices. (p) General retail and specialized retail uses. (q) Homeless shelters with less than fifty-five (55) beds. (r) Hotels and motels (s) Laundromats. (t) Medical, dental and optometrist clinics and laboratories. (u) Medical equIpment rentals. (v) Multi-family dwelling units. (w) Museums. (x) Party equipment rentals. (y) Photocopy shops. ez) Places of worship. (aa) Restaurants. (bb) Senior group housing. (cc) Senior housing. (dd) Single family dwellIng units. (ee) Single room occupancy housing. (ff) Tailors. (gg) Theaters. (hh) Trade schools. (ii) Transitional housing. (jj) Variety stores. - 59 - (kk) Accessory uses which are determined by the zoning Admlnistrator to be necessary and customarily associated wi th and appropriate, incidental, and subordinate to, the principal permitted uses and which are conslstent and not more disturblng or disruptive than permitted uses. ( 11) other uses determined by the Zoning Administrator to be similar to those listed above and which are conslstent and not more disturbing or disruptive than permitted uses. 9.04.08.18.030. Standards Permit. The following uses may be permitted in the C3 District subject to the approval of a Performance Standards Permit: Uses subj ect to Performance (a) Automobile rental agencies. (b) Automoblle parking lots. (c) Sidewalk Cafes. 9.04.08.18.040. Conditionally Permitted Uses. The following uses may be permitted in the C3 District subject to the approval of a Conditional Use Permit: (a) Automob11e parking structures. (b) Bed and breakfast facilities. (c) Billiard parlors. (d) Bowling alleys. - 60 - (e) ( f) (g) cinemas. Clubs and lodges. convention and conference facilities. (h) Funeral parlors and mortuaries. (i) Homeless shelters with fifty-five (55) beds or more. (j) Liquor stores. (k) Night clubs. (1) Open alr farmers markets. (m) Service statlons. (n) Skatlng rinks. (0) Take-out restaurants. 9.04.08.18.050. Prohibited Uses. (a) Rooftop parking on parcels directly abutting, or separate by an alley from, a residential district. (b) Any use not specifically authorized. (c) Drive-in, drive-through, and fast food restaurants. 9.04.08.18.060. Standards. property Development All developed standards: property in the in accordance C3 Distrlct with the shall be following (a) Maximum Building Height. Three - 61 - (3) stories, not to exceed forty-five (45) feet, except for the following: (1) For parcels in the area bounded by 5th Court, 6th Court, Colorado Avenue and wilshire Boulevard, the maXlIDum helght shall be five (5) stories, sixty (GO) feet provided there is no retail above the first floor and only residential uses above the second floor. (2) For parcels in the area bounded by 6th Court, 7th Court, Colorado Avenue and Wilshire Boulevard and the north side of Wilshire Boulevard between 2nd street and 7th street, the maximum height shall be four (4) stories, fifty (50) feet provided there is no retail above the first floor and only residential uses above the second floor. There shall be no limitation on the number of stories of any hotel, detached parking structure, or structure containing at least one floor of residential use, so long as the height does not exceed the maximum number of feet permitted in this Section. (b) Maximum Floor Area Ratio. 2.0, except that in the area bounded by 5th Court, 7th Court, Colorado Avenue and Wilshire Boulevard, and the area on the north side of wilshire Boulevard between 2nd street and 7th Street, the FAR for commercial square footage shall not exceed 1.5. - 62 - Floor area devoted to residentlal uses shall be counted at fifty percent (50%). (c) Minimum Lot size. Seven thousand five hundred (7,500) square feet. Each parcel shall contain a minimum depth of one hundred fifty (150) feet and a minimum width of fifty (50) feet, except that parcels existing on the effective date of this Chapter shall not be subject to this requirements. (d) Front Yard Setback. Landscaping as required pursuant to the provisions of Part 9.04.10.04. (e) Rear Yard Setback. None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' +(stories x lot width) 50' The required rear yard may be used for parking or loading to wlthin five (5) feet of the rear parcel llne provided the parking or loading does not extend above the first floor level and provided that a wall not less than five (5) feet or more than six (6) feet in height lS erected and maintained along the rear commerclal parcel line. Access driveways shall be permitted to perpendicularly cross the required rear yard provided the driveway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. - 63 - (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Part 9.04.10.04. (f) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' (stories x lot width) 50' The interior side yard may be used for parking or load~ng no closer than five (5) feet to the interior side property line provided the parking or loading does not extend above the first floor level and provided a wall not less than five (5) feet or more than six (6) feet in height is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for commercial purposes. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) A ten (10) foot setback from an interior property line shall be required for portions of buildings that contain windows, doors, or other openings into the interior of the building. An interior side yard less than 10 feet shall be - 64 - permitted if provisions of the Uniform BU1lding Code related to fire rated openings in side yards are satisfied. (g) Development Review. A review permit is required for any development of more than thirty thousand (30,000) square feet of floor area and for any development with rooftop parking, except that for applications involving the demolition and replacement of an existing single purpose grocery store on a parcel which is not adjacent to a residentially zoned district, with a store which has a minimum of 25,000 square feet of floor area, only a net new floor area addition of more than thirty thousand (30,000) square feet shall be subject to Development Review. (h) Maximum uninterrupted Building Facade. Everyone hundred (100) feet of bUllding facade at the street frontage shall contain at least one public entrance or other publicly accessible pedestrian oriented use. (i) Ground floor each structure design. shall be of a street frontage of pedestrian oriented 9.04.08.18.070. Architectural Review. All new construction I new additions to existing buildings, and any other exterior improvements that require issuance of a building - 65 - permit shall be subJect to architectural rev~ew pursuant to the provisions of Chapter 9.32 of this Article. SECTION 5. Part 9.04.08.20 of the Santa Monica Municipal Code is amended to read as follows: Part 9.04.08.20 C3-C Downtown Overlay District 9.04.08.20.010. Purpose. The C3-C District is lntended to provide for a concentration of comparison retail and cultural uses in addition to complementary uses such as hotels, offices, and housing. The development standards for the C3-C District are intended to permit a greater amount of floor area per parcel in order to encourage an increase in the mix of activity in the area while providing for development that maintains a sense of human scale and pedestrian-oriented character, consistent with the goals, objectives, and policies of the General Plan. 9.04.08.20.020. Permitted Uses. The following convenience goods and service type uses shall be permitted in the C-3C District, if conducted within an enclosed building, (except where otherwise permitted): (a) Art Galleries. (b) Artist studios above the first floor. - 66 - ( c) (d) ( e) institutions. (f) (g) (h) (i) (j) (k) (1) (m) (n) (0) (p) floor and first frontage. Appliance repair shops. Bakeries. Banks savings loan and and Barber or beauty shops. Business colleges. Child day care centers. Cleaners. Congregate housing. Cultural facllities. Dance studios. Domestic violence shelters. Electrlc dlstrlbution substations. Exercise facillties. General offlces above the first floor offices not at the street (q) General Retall. (r) Health equipment rentals. (s) Homeless shelters with less than fifty-five (55) beds. (t) Exercise Facilities. (u) Laundromats. (v) Medical, dental and optometrist clinics and laboratories. (w) Multi-family dwelling units. (x) Museums. (y) Party equipment rentals. - 67 - Photocopy shops. Places of worship. Restaurants. Senior group housing. senior housing. Single family dwelling units. Single room occupancy housing. Small appllance stores. Tailors Theaters. Trade Schools. Transitional housing. Varlety stores. Accessory uses which are the Zoning Admlnlstrator to be customarily assoclated wlth, and appropriate, incidental, and subordinate to, the principal permitted uses and which are consistent and not more disturbing or disruptive than permitted uses. (z) (aa) (bb) (cc) (dd) (ee) (ff) (gg) (hh) (ii) (jj) (kk) ell) (mm) determined by necessary and (nn) Other uses determined by the Zoning Administrator to be similar to those listed above and which are consistent and not more disturbing or disruptive than permitted uses. 9.04.08.20.030. Uses subj ect to Performance standards Permit. The following uses may be permitted In the - 68 - C3-C District subject to the approval of a Performance Standards Permit: (a) Automobile rental agencies. (b) sidewalk cafes. 9.04.08.20.040. Conditionally Permitted Uses. The following uses may be permitted in the C3-C District subject to the approval of a Conditional Use Permit: (a) (b) Auditoriums Automobile parking lots and structures. (c) Billiard parlors. (d) Bowling alleys. (e) Cinemas. (f) Clubs and lodges. (g) Convention and conference facilities. (h) Homeless shelters with fifty-five (55) beds or more. (i) Hotels and motels. (j) Liquor stores. (k) Nightclubs (1) Offices at the ground floor street frontage. (m) Open air farmers market. (n) Restaurants where entertainment and dancing occurs. - 69 - ( 0) (p) (q) service stations. Skating rinks. Take-out and fast food restaurants. 9.04.08.20.050. Prohibited Uses. (a) Drive-in and drive-through restaurants. (b) Rooftop parking on parcels directly abutting, or separated by an alley from a residential district. ( c) Any use not specifically authorized. 9.04.08.20.060. property Development standards. The property development standards for the C3-C District shall be four (4) stories, fifty-six (56) feet and 2.5 FAR, except that floor area devoted to residential uses shall be discounted by fifty percent (50%). For parce Is bounded by 4 th Court, 5th Court, Colorado Avenue and Wllshire Boulevard, the maximum height shall be six (6) storiest seventy-slx (76) feet, and the FAR for commercial square footage shall not exceed 2.5. For such projects, no more than twenty percent (20%) of the second floor shall be devoted to retail uses, and the fifth and sixth floors shall be devoted entirely to residential - 70 - uses. The top floor may contain a restaurant provided the same amount of square footage occupied by the restaurant is provided In residential square footage on the 2nd, 3rd, or 4th floors. However, within the Third Street Mall Specific Plan area, and with the exception of residential uses, where the development standards of this Part are inconsistent with the Third street Mall Specific Plan, the standards conta ined in the Third street Mall Specific Plan shall govern. There shall be no limitation on the number of stories of any hotel, or structure containing at least one floor of residential uses, so long as the height does not exceed the maximum number of feet permitted in this Section. 9.04.08.20.070. Special Project Design and Development Standards. (a) Ground floor street frontage of each structure shall be pedestrian oriented and be designed to accommodate pedestrian oriented uses to a minimum depth of fifty (50) feet from the front of the structure. (b) A Development Review Permit is required for any new development of more than thirty thousand (30,000) square feet of floor area and for any development with rooftop parking. - 71 - 9.04.08.20.080. Architectural Review. All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Article. SECTION 6. Part 9.04.08.22 of the Santa Monica Municipal Code is amended to read as follows: Part 9.04.08.22 C4 Highway commercial District 9.04.08.22.010. Purpose. The C4 District is intended to provide for the future orderly development of the major highway commercial corridors in the Clty. The C4 District is intended to encourage service commercial businesses, auto sales and service dealerships, and other similar uses that serve reglonal, community, and local needs, while respecting adjacent residential neighborhoods and established neighborhood commercial areas, consistent with the goals, objectives, and policles of the General Plan. 9.04.08.22.020. Permitted Uses. The following uses shall be permitted in the C4 District, if conducted within an enclosed building, (except where otherwise permitted): (a) Ambulance Service. - 72 - (b) Appliance repalr shops. (c) Artist studios above the first floor. (d) Automatic ice dispensing machine which need not be in an enclosed building. (e) Bakerles. (f) Banks and savings and loan institutions. (g) Barber or beauty shops. (h) Bowling alleys. (i) Business colleges. (j) Child day care centers. (k) Cleaners. (l) Congregate housing. (m) Dance studios. (n) Domestic violence shelters. (0) Electrical shops. (p) Electric distribution substations. (q) Funeral parlors or mortuaries. (r) General offices. (s) General retail and specialized retail uses. (t) Homeless shelters with less than fifty-five (55) beds. (u) Laundromats. (v) Medical, dental and optometrist clinics and laboratories. (w) Medical equipment rentals. - 73 - (x) Multi-family dwelling units. (y) Public parks and playgrounds. (z) Party equipment rentals. (aa) Photocopy shops. (bb) Places of worshlp. (cc) Plant retall stores. (dd) Real estate offices. (ee) Restaurants of fifty (50) seats or less. (ff) Senior group houslng. (gg) senior housing. (hh) Sign painting shops. (ii) single famlly dwelling units. (jj) single room occupancy housl.ng. (kk) Skating rinks. ( ll) Tailors. (mm) Trade schools. (nn) Transitional housing. (00) Variety stores. (pp) Accessory uses which are determined by the Zoning Administrator to be necessary and customarily associated with, and appropriate, incidental, and subordinate to, the principal permitted uses and WhlCh are consistent and are no more disruptive or disturbing than permitted uses. (qq) Other uses deterIDined by the Zoning Administrator to be similar to those listed - 74 - above and which are conslstent and no more disruptive or disturbing than permitted uses. 9.04.08.22.030. Uses Subj ect to Performance st~ndards Permit. The following uses may be perIDitted in the C4 District subject to the approval of a Performance Standards Permit: (a) Service stations. (b) Sidewalk cafes. 9.04.08.22.040. Conditionally Permitted Uses. The fOllowing uses may be permitted in the C4 District subject to the approval of a Conditional Use Permit: (a) Auditoriums. (b) New automobile dealerships or expansion of existing automobile dealerships. (c) Automobile parking lots and structures. Cd) Automobile repair facilities. (e) Billiard parlors. (f) Clubs and lodges. (g) Drive-in, drive-through, take-out, and fast food restaurants. (h) Exercise facilities. (i) Homeless shelters with fifty-five (55) beds or more. (j) Hotels and motels. - 75 - (k) Liquor stores. (1) Night Clubs. (m) Restaurants over 50 seats. (n) Self-service storage warehouses. 9.04.08.22.050. Prohibited Uses. (a) Cinemas. (b) Rooftop parking on parcels directly abutting, or separated by an alley from, a residential district. (c) Any use not speclfically authorized. 9.04.08.22.060. Standards. There shall be no limitatlon on the number of Property Development stories of any hotel, detached parking structure, or structure containing at least one floor of residential use, so long as the height does not exceed the maximum number of feet permitted in this section. All property in the C4 District shall be developed in accordance with the following standards: (a) Maximum Height and Floor Area Ratio. (1) For parcels in the C4 District fronting on Lincoln Boulevard south of the Santa Monica Freeway, Pico Boulevard between Ocean Avenue and 4th court, and pico Boulevard between 7th Street and 11th Street, maximum height shall be two (2) - 76 - stories, not to exceed thlrty (30) feet, and the floor area ratio shall be determined as follows: Parcel FAR FAR if at least 30% Square Footage of proiect is residential 0-7,500 1.0 1.0 7,501-15,000 .70 1.0 15,001-22,500 .60 .85 22,501 and up .50 .75 (2) For parcels in the C4 District fronting on Broadway, Santa Monica Boulevard, and 14th Street between Pico Boulevard and the Santa Monica Freeway, the maximum height shall be two (2) stories, not to exceed thirty (30) feet, and the floor area ratio shall be determined as follows: Parcel FAR FAR if at least 30% Square Footage of project is residential or auto. dealership with cup 0-7,500 1.5 1.5 7,501-15,000 1.0 1.5 15,001-22,500 .90 1.3 22,501 and up .80 1.15 - 77 - (3 ) For parcels in the C4 District fronting on Lincoln Boulevard north of the Santa Monica Freeway, the maximum height shall be three (3) stories, not to exceed forty-five (45) feet, and the floor area ratio shall be determined as follows: Parcel FAR FAR If at least 30% Square Footage of proiect is residential 0-7,500 1.5 1.5 7,501-15,000 1.0 1.5 15,001-22,500 .90 1.3 22,501 and up .80 1.15 (4) For parcels ln the C4 District fronting on pico Boulevard between 21st Street and 31st street, subject to section 9.04.08.22.060(a) (5), the maximum height shall be two (2) stories, not to exceed th~rty (30) feet, and the floor area ratio shall be determined as follows: - 78 - Parcel FAR FAR if at least FAR with CUP Square 30% of project pursuant to section Footaqe is residentlal 9.04.08.22.060(a) (5) 0-7,500 1.5 1.5 2.0 7,501-15,000 1.0 1.5 2.0 15,001-22,500 .90 1.3 2.0 22,501 and up .80 1.15 2.0 (5) SubJect to the approval of a Conditional Use Permit, a project on a City-owned parcel in the C4 District fronting on Pico Boulevard between 21st street and 31st street shall be permitted a FAR bonus and a height of three (3) stories, forty-five (45) feet, if the project contains a full service grocery store having at least five thousand (5,000) square feet of gross floor area. (b) Minimum Lot Size. Seven thousand five hundred (7,500) square feet. Each parcel shall contain a minimum depth of one hundred fifty (150) feet and a minimum width of fifty (50) feet except that parcels existing on the effective date of this Chapter shall not be subject to this requirements. (e) Front Yard Setback. Landscaping as required pursuant to the provisions of part 9.04.10.04. (d) Rear Yard Setback. None, except: - 79 - (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' +(storles x lot wldth) 50' The requlred rear yard may be used for parking or loading to withln flve (5) feet of the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than five (5) feet or more than six (6) feet in height l.S erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to perpendicularly cross the required rear yard provided the driveway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Part 9.04.10.04. (e) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' +(stories x lot width) 50' The interior sl.de yard may be used for parking or loading no closer than five (5) feet - 80 - to the interior side property line provided the parking or loading does not extend above the first floor level and provided a wall not less than five (5) feet or more than six (6) feet in height is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for comIDercial purposes. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) A ten (10) foot setback from an interior side property line shall be required for portions of buildings that contain windows, doors, or other openings lnto the interior of the bUllding. an interior side year less than ten (10) feet shall be permitted if provisions of the Uniform Building Code related to fire rated openings in side yards are satisfied. (f) Development Review. A review permit is required for any development of more than twenty-five thousand (25,000) square feet of floor area and for any development with rooftop parking I except that for applications involving the demolition and replacement of an existing single purpose grocery store on a parcel which is not adjacent to a residentially zoned district, with a store which has a mlnimurn of twenty-five thousand - 81 - (25,000) square feet of floor area, only a net new floor area addition of more than twenty-five thousand (25,000) square feet shall be subject to Development Review. 9.04.08.22.070. Architectural Review. All new construction, new additions to existing buildings, and any other exterior improvements that requlre lssuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Article. SECTION 7. Part 9.04.08.24 of the Santa Monica Municipal Code is amended to read as follows: Part 9.04.08.24 C5 special office Commercial District 9.04.08.24.010. Purpose. The C5 District lS intended to provide for the development of office and advanced teChnology uses, scientific research, and admInistration, and for limited manufacturing of related products which require large expanses of floor area on large parcels. Development intensity is intended to encourage the construction of office uses and other uses within a campus-like environment that will be compatible with abutting residential neighborhoods, especially in terms of scale and building mass. - 82 - within the C5 District lt lS the goal of the city to preserve and protect existing rights-of-way for future transit opportunities. 9.04.08.24.020. Permitted Uses. The following uses shall be permitted ln the C5 District, if conducted with1n an enclosed building (except where otherwise permitted) : (a) Artist studios. (b) Child day care centers. (c) Congregate houslng. (d) Domestic violence shelters. (e) General offlces. (f) Homeless shelters with less than fifty-five (55) beds. (g) Laboratories and facilities for scientific research development and testings. (h) Light manufacturing. (i) Medical, dental and optometrist clinics and laboratories. (j) Non-acute, inpatient health care facilities. (k) Places of worship. (l) Production of experimental products, and the manufacturlng of such products as may be necessary to the development of production or operating systems where such systems are to be installed and operated at another location. - 83 - (m) Public or private schools existing prior to adoption of this Chapter. (n) Public utility service centers and service yards. (o) Single room occupancy housing. (p) Tral1er courts or mobilhome parks existing prior to adoption of this Chapter. (q) Transitional housing. (r) Accessory uses which are determined by the Zonlng Administrator to be necessary and customarily associated wlth, and are appropriate, incidental, and subordinate to the principal perrni tted uses and whlch are consistent and no more disruptive or dlsturbing than permitted uses. (s) Other uses determined by the zoning Administrator to be slmllar to those listed below which are consistent and no more disruptive or disturbing than permitted uses. 9.04.08.24.030. Standards Permit. (a) Automobile rental agencies. (b) service stations. Uses Subj ect to Performance 9.04.08.24.040. Conditionally Permitted Uses. The following uses may be permitted in the C5 District subject to the approval of a Conditional Use Permit: - 84 - (a) Art Gallerles. (b) AutoIDobile dealerships. (c) Dwelling units in conjunction with live-in work studios. (d) Homeless shelters with fifty-five (55) beds or more. (e) Multi-famlly dwelling units. (f) senior group housing. (g) Senior housing. (h) No more than Twenty-Five Percent (25%) of the total square footage of a development may be devoted to the following incidental businesses that provide goods and services to employees on the premises: (1) Banks and savings and loan institutions. (2) Business machlne sales, display, and service. (3) Draftlng, blueprinting and reproduction services. (4) Health clubs and gymnasiums. (5) Medical appliance sales. (6) Office furniture and equipment sales. (7) Pharmacies and drug stores. (8) Restaurants. (9) Retail to serve primarily employees working and visitors to businesses on the - 85 - premises. (10) Travel and employment offices. (i) New industrial and manufacturing uses or expansion of existing industrial and manufacturing uses conducted within an enclosed building or an open enclosure screened from publlC view, provided they are compatible wlth office and advanced technological uses. (j) Public or pr1vate schools. (k) Public storage facilities, mini-warehouses. (l) service stations. (m) Any use of a transportation right of way for other than transportation purposes. (n) Off-site hazardous waste facility. 9.04.08.24.050. Prohibited Uses. (a) Cinemas. (b) Drive-in and drive-through restaurants. (c) Rooftop park1ng on parcels directly abutting, or separated by an alley from, a residential district. (d) Any use not speciflcally authorized. 9.04.08.24.060. standards. Property Development - 86 - All developed standards: property in the in accordance C5 District with the shall be following (a) Maximum Building Height. Three (3) stories, not to exceed forty-flve (45) feet. There shall be no limltatlon on the number of stories of any parking structure or structure containing at least one floor of residential use, so long as the height does not exceed the number of feet permitted in this section. (b) Maximum Floor Area Ratio. The maximum floor area ratio shall be determined as follows: Parcel Square Footaqe FAR 0-22,500 1.0 22,501 and up .75 Cc) Minimum Lot Size. Fifteen thousand (15,000) square feet. Each parcel shall contain a minimum depth of one hundred fifty (150) feet and a minimum width of one hundred (100) feet except that parcels existlng on the effective date of this Chapter shall not be subject to this requirement. (d) Front Yard Setback. Twenty (20) feet minimum depth from any public right-Of-way or the transportation right-Of-way. - 87 - (e) Rear Yard Setback. None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' +(stories x lot width) 50' The required rear yard may be used for parking or loading to wlthin five (5) feet of the rear parcel line provlded the parking or loadlng does not extend above the first floor level and provided that a wall not less than five (5) feet or more than six (6) feet in helght is erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to perpendicularly cross the required rear yard provided the driveway does not exceed the minimum width permitted for the parklng area. A required rear yard shall not be used for commercial purposes. (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provlsions of Part 9.04.10.04. (f) side Yard Setback. None, except: (1) Where lnterior side parcel line abuts a residential dlstrict, an interior side yard equal to: 5' +(stories x lot width) 50' - 88 - The interior side yard may be used for parking or loading no closer than to five (5) feet to the interior side property llne provided the parking or loading does not extend above the first floor level and provided a wall not less than five (5) feet or more than six (6) feet in height is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for commercial or manufacturing purposes. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) A ten (10) foot setback from an interior property line shall be required for portions of buildings that contain windows, doors, or other openings into the interior of the building. An interior side yard less than ten (10) feet shall be permitted if provisions of the Uniform Building Code related to fire rated openings in side yards are satisfied. (g) Development Review. A Development Review Permit is required for any development of more than thirty thousand (30 ,000) square feet of floor area and any development with rooftop parking. 9.04.08.24.070. Architectural Review. - 89 - All construction, additlons to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural reVlew pursuant to the provisions of Chapter 9.32 of this Article. SECTION 8. Part 9.04.08.26 of the Santa Monica Municipal Code shall be amended to read as follows: Part 9.04.08.26 C6 Boulevard commercial District 9.04.08.26.010. Purpose. The C6 District is intendeo. to accommodate a wide range of general retail, office, and financial uses serving regional, communl ty , and local needs and to promote new development that is compatible with the scale and character of adjacent residential neighborhoods, consistent with the goals, objectives, and policies of the General Plan. 9.04.08.26.020. Permitted Uses. The following convenlence goods and service type uses shall be permitted in the C6 District, if conducted within an enclosed building, (except where otherwise permitted) : (a) Appliance repalr shops. (b) Art Galleries. (c) Artist stud10S above the first floor. - 90 - (d) Automatic ice dispensing machines which need not be in an enclosed building. (e) Bakeries. (f) Banks and savings and loan institutions. (g) Barber or beauty shops. (h) Business colleges. (i) Child day care centers. (j) Cleaners. (k) Clubs and lodges. (l) Congregate housing. (m) Cultural faC1l1ties. (n) Dance studios. (0) Domestic violence shelters. (p) Electric distributlon substations. (q) Enclosed storage facilities. (r) Exercise facilities. (s) Funeral parlors or mortuaries. (t) General offices. (u) General retail and specialized retail uses. (v) Homeless shelters with less than fifty-five (55) beds. (w) Laundromats (x) Medical, dental and optometrist clinics and laboratories. (y) Medical equipment rentals. (z) MUlti-family dwelling units. - 91 - Party equipment rentals. Places of worship. Photocopy shops. Real estate offlces. Restaurants. senior group housing. Senior housing. sign painting shops. single family dwelling units. Slngle room occupancy housing. Small appliance repalr shops. Tailors. Theaters. Trade schools. Transitional housing. Accessory uses which are the Zoning Administrator to be customarily associated with, and appropriate, incidental, and subordinate to, the principal permitted uses and which are consistent and are no more disruptive or disturblng than permitted uses. (qq) Other uses determlned by the Zoning Administrator to be similar to those listed above and which are consistent and no more disruptive or disturbing than permitted uses. (aa) (bb) (cc) (dd) (ee) (ff) (gg) (hh) (ii) (j j ) (kk) (ll) (mm) (nn) (00) (pp) determined by necessary and - 92 - 9.04.08.26.030 Standards Permit. (a) Automobile rental agencies. (b) Sidewalk cafes. Uses Subject to Performance 9.04.08.26.040. conditionally Permitted Uses. The following uses may be permitted in the C6 District subject to the approval of a Conditional Use Permit: (a) Any single or cumulative expansion of over Fifty Percent (50%) of the floor area of an automobile dealership or automoblle storage lot existing on the effective date of this Chapter or any substantial remodel of an existing automobile dealership or automobile storage lot. (b) Auditoriums (c) Department stores over fifty thousand (50,000) square feet. (d) Homeless shelters with fifty-five (55) beds or more. (e) (f) (g) (h) Hotels and motels. Night clubs. Service stations. Take out and fast food restaurants. (i) Theaters. 9.04.08.26.050. Prohibited Uses. (a) Cinemas. - 93 - (b) Rooftop parking on parcels directly abutting, or separated by an alley from, a residential district. (c) Any use not specifically authorized. 9.04.08.26.060. standards. All property in the developed in accordance standards: Property Development C6 District with the shall be following (a) Maximum Building Height. Three (3) stories, not to exceed forty-five (45) feet. There shall be no limitation on the number of stories of any hotel, detached parking structure, or structure containing at least one floor of residential use, so long as the height does not exceed the maximum number of feet permitted in this section. (b) Maximum Floor Area Ratio. The maximum floor area ratio shall be determined as follows: - 94 - Parcel I FAR l FAR if at least 30% Square Footaqe of proJect is res1.dent1.al 0-7,500 2.0 2.0 7,501-15,000 1.4 2.0 15,001-22,500 1.2 1. 75 22,501 and up 1.0 1.5 (c) Minimum Lot size. Seven thousand five hundred (7,500) square feet. Each parcel shall contain a minimum depth of one hundred fifty (150) feet and a minimum width of fifty (50) feet, except that parcels existlng on the effective date of this Chapter shall not be subJect to this requ1.rement. (d) Front Yard Setback. Landscaping as required pursuant to the provision of Part 9.04.10.04. (e) Rear Yard Setback. None, except: (1) Where rear parcel line abuts a res1.dential distr1.ct, a rear yard equal to: 5' +(stories x lot wldth) 50' The requlred rear yard may be used for parking or loading to tvithln flve (5) feet of the rear parcel llne provided the parking or load1.ng does not extend above the first floor level and provided that a wall not less than five (5) feet or - 95 - more than six (6) feet 1n height 1S erected and maintained along the rear commercial parcel llne. Access driveways shall be permitted to cross perpendicularly the requlred rear yard prov1ded the driveway does not exceed the minlmum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provlslons of Part 9.04.10.04. (f) side Yard Setback. None, except: (1) Where the lnterl0r side parcel line abuts a residentlal dlstrlct, an interior Slde yard equal to: 5' +(storles x lot wldth) 50' The interior slde yard may be used for parklng or loadlng no closer than five (5) feet to the interior slde property line provided the parking or loading does not extend above the first floor level and provided a wall not less than five (5) feet or more than six (6) feet is erected and maintalned along the slde cornmerclal parcel llne. A required interlor side yard shall not be used for access or for commercial purposes. (2) That needed to accommodate landscaping requlred for a street slde yard, - 96 - landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) A ten (10) foot setback from an interior property line shall be required for portions of buildings that contaln windows, doors, or other openings into the interior of the building. an interior side yard less than ten (10) feet shall be permitted if provisions of the Uniform Building Code related to fire rated openings in side yards are satisfied. (g) Development Review. A Development Review permit is required for any development of more than thirty thousand (30,000) square feet of floor area and any development with rooftop parking, except that for applicat10ns involving the demolition and replacement of any existing single purpose grocery store on a parcel which is not adjacent to a residentially zoned district, with a store which has a minimum of 25,000 square feet of floor area, only a net new floor area addition of more than thirty thousand (30,000) square feet shall be subject to Development Review. 9.04.08.26.070. Architectural Review. All new construction, new addl tions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review - 97 - pursuant to the provlslons of Chapter 9.32 of this Article. SECTION 9. follows: Part 9.04.08.34 shall be amended to read as Part 9.04.08.34 Ml Industrial Conservation District 9.04.08.34.010. Purpose. The Ml District lS intended to preserve existing industrial uses and to provide a location for industrial uses for small businesses which are engaged in the design, development, manufacturing, fabricating, testing, servicing, or assembly of manufactured products and to preserve existing activities, in order to maintain and enhance employment opportunities for workers with various skills and for the entry level segment of the Santa Monica work force. The M1 District is also designed to accommodate small visual and performing arts studios and to provide for the continued use of existing trailer parks and the preservation of existing schools. Allowable development intensity within this District is intended to be the lowest in the City among the commercial and industrial Districts, consistent with the goals, obJectives, and policies of the General Plan. - 98 - 9.04.08.34.020. Permitted Uses. The following uses shall be permitted in the M1 District, if conducted within an enclosed building, (except where otherwise permitted). (a) Administrative and executive offices which are accessory to a primary permitted use on the same site and which do not exceed Twenty-Five Percent (25%) of the gross floor area of said primary permitted use. (b) Artist studl0S and art galleries. (c) Automoblle repair and automobile painting facili ties except those abutting any residential district and use. (d) Congregate housing. (e) DOIDestlc violence shelters. (f) Establishments engaged in the manufacturing, fabricating, assembly, testing, repair, servicing, and processing of the following: (1) Aircraft parts other than engines. (2) Apparel except leather and fur goods. (3) Audio products. (4) Awnings metal, wood or canvas. (5) Bakery products. (6) Coated, plated, and engraved metal. - 99 - (7) Communication equipment. (8) Confectionery and related products. (9) Cut stone and stone products. (10) Diecut paper and paperboard, and cardboard. ( 11) Electric components and accessories. (12) Electric lighting and wiring equipment. (13) Fabricated textile products. (14) Furnlture and fixtures. (15) Glass products. (16) Jewelry, silverware, and plated ware. (17) Luggage. (18) Motor vehicles, parts, and accessories except when abutting residential uses. ( 19) Muslcal instruments and parts. (20) Office machines. (21) Paperboard containers and boxes. (22) Pens, pencils, and other office and artists materials. (23) Perfumes, cosmetics, and other toilet preparations. (24) Pharmaceutical products. - 100 - (25) Photographic and optical goods, watches, and clocks. (26) Plumbing fixtures and heating apparatus. (27) Pottery and related products. (28) Professional, scientific, and controlling instruments. (29) Toys, amusements, sporting and athletic goods. (30) Wooden containers. (g) Establishments engaged in the wholesale distribution of the following: (l) Dry goods and apparel. (2) Electrical goods. (3) Grocerles and related products, except unpackaged or unprocessed poultry and poultry products, fish and seafood, and fruit and vegetables. (4) Hardware, plumbing, heating equipment and supplies. (5) Machlnery, equipment, and supplies, except farm machinery and equipment. (6) Motor vehicles and automotive equipment. (7) Paper, paper products, and kindred supplies. (8) Pharmaceutlcal chemicals, and allied products. products, - 101 - (h) Homeless shelters with less than fifty-five (55) beds. (i) Public or private schools existing prior to adoption of this Chapter. Public utility substations. Single room occupancy housing. Transitional housing. Design studios and offices for (j) (k) (1) (m) architects. (n) determined by necessary and Accessory uses which are the Zoning Admlnistrator to be customarily associated with, and appropriate, incidental, and subordinate to, the principal permitted uses and which are consistent and not more disturbing or disruptive than permitted uses. (0) other uses determined by the Zoning Administrator to be slmilar to those listed above and which are consistent and not more disturbing or disruptive than permitted uses. (p) Notwithstandlng any of the above permitted uses, no use lnvolving the manufacture, processing, or treatment of products which by nature of the operation are likely to be obnoxious or offensive by reason of emisslon of odor, dust, smoke, noxious gases, noise, vibratlon, glare, heat, or other impacts or hazards by way of materials, process, product wastes or other methods shall be - 102 - permi tted unless mi tigatoin measures are submitted and are acceptable to the Zoning Administrator. (q) Existing non-conforming office uses may expanded by no more than one parcel with development review. 9.04.08.34.040. Conditionally Permitted Uses. The following uses may be permitted in the Ml District subject to the approval of a Conditional Use Permit: (a) Automobile repair and painting facilities abutting any district or use. (b) Homeless shelters with fifty-five automobile residential (55) beds or more. on the devoted (e) MUlti-farnlly dwelling units. (d) New public or private schools or the expansion of existing schools. (e) Outdoor storage of fleet vehicles if such vehicles are directly related to the primary industrial or manufacturing operation on the site. (f) Parking and automobile storage lots and structures. (g) Places of worship. (h) Retail sales of goods manufactured premises, provided that the floor space to such use does not exceed Ten Percent (10%) of the gross floor area of the primary - 103 - permitted use. (i) Self storage or public mini-warehouses. (j) Senior group housing. (k) Senior houslng. (1) Service stations. (m) Warehouses. (n) Any use of the transportation right of way for other than transportation purposes. (0) other uses that are determined by the Zoning Administrator to be similar to those listed above. 9.04.08.34.050. ProhibiteQ Uses. (a) Rooftop parking on parcels directly abutting, or separated by an alley from, a residential district. (b) Any use not specifically authorized. 9.04.08.34.060. Standards. property Development All developed property in the in accordance Ml District with the shall be followlng standards: (a) Maximum Building Height. Two (2) stories and thirty (30) feet or with approval of a Development Review Permit for artist studios only, three (3) stories and forty-five (45) feet. within - 104 - fifty (50) feet of a resident1al distrlct, no portion of any structure shall exceed the maximum permitted height of the adjoining residential district. There shall be no limitation on the number of stories of any detached parklng structure, or structure containing at least one floor of residential use, so long as the height does not exceed the number of feet permitted in this section. (b) Maximum Floor Area Ratio. 1.0 or 1.5 for development of artist studios with approval of a Development Review Permit. (c) Minimum Lot Size. Fifteen thousand (15,000) square feet. Each parcel shall contain a minimum depth of one hundred fifty (150) feet and a minimum width of one hundred (100) feet, except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. as required 9.04.10.04. pursuant Yard Setback. Landscaping to the provision of Part (d) Front (e) Rear Yard Setback. None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' +(stories x lot width) 50' The required rear yard may be used for parking or loading to within five (5) feet of - 105 - the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than five (5) feet or more than six (6) feet in height is erected and maintained along the rear commerclal parcel llne. Access driveways shall be permitted to cross perpendicularly the required rear yard provided the driveway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Part 9.04.10.04. (f) side Yard Setback. None, except: (1) Where the lnterior side parcel line abuts a resident1al district, an lnterior side yard equal to: 5' +(storles x lot width) 50' The interior side yard may be used for parking or loading no closer than five (5) feet to the interior side property line provided the parking or loading does not extend above the first floor level and provided a wall not less than five (5) feet or more than six (6) feet is erected and maintained along the side commerClal parcel line. A required interior side yard shall not be used for - 106 - access or for commercial purposes. (2) That needed to accommodate landscaping required for a street side landscape buffer and screenlng pursuant provisions of Part 9.04.10.04. (3) A ten (10) foot setback from an interior property line shall be required for portions of buildings that contain windows, doors, or other openings into the interior of the building. An interior side yard less than ten (10) feet shall be permitted if provisions of the Uniform Building Code related to fire rated openings 1n side yards are satisfied. yard, to the (g) Development Review. A Development Review permit is required for any development of more than thirty thousand (30 , 000) square feet of floor area and any development with rooftop parking. 9.04.08.34.070. Architectural Review. All new construction, new additions to existing building, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Article. SECTION 10. Section 9.04.10.02.061 is added to the Santa Monica Municipal Code to read as follows: - 107 - 9.04.10.02.061 Homeless Shelters. with the following any dlstrict development Homeless shall comply standards: shelters located in (a) Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood. (b) Laundry facilities. The development shall provide laundry facilities or services adequate for the number of residents. (c) Common facilities. The development may provide one or more of the following specific common facilities for the exclusive use of the residents and staff: (1) Central cooking and dining room(s) . (2) Recreatlon room. (3) Counseling center. (4) Child care facilities. (5) Other support services. (d) Security. Parking and outdoor facilities shall be designed to provide security for residents, visitors, and employees. (e) outdoor Activity. For the purposes of noise abatement in residential districts, organized outdoor activities may only be conducted - 108 - between the hours of 8:00 A.M. and 10:00 P.M. (f) Refuse. Homeless shelters shall provide a refuse storage area that is completely enclosed with masonry walls not less than five (5) feet high with a solid-gated openlng and that is large enough to accommodate a standard-sized trash bin adequate for use on the parcel, or other enclosures as approved by the Director of General Services and the Architectural Review Board. The refuse enclosure shall be accessible to refuse collection vehicles. (g) Homeless Shelter Provider. The agency or organization operating the shelter shall comply with the following requirements: (1) Temporary shelter shall be available to residents for no more than six (6) months. (2) provided to assist shelter and income. (3) The provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to insure compatibility with serVlces provided at the facility, and for tralning, counseling, and treatment programs for residents. staff and res idents to services shall be obtain permanent - 109 - SECTION 11. section 9.04.10.02.111 is added to the Santa Monica Municipal Code to read as follows: 9.04.10.02.111. Residential CQmm9rcial Districts. Single family dwelling units, mUlti-family dwelling units, congregate housing, transitional housing, single room occupancy housing, and senior housing, located in the BCD, C2, C3, C3C, C4, C5, C6, and Ml districts, shall comply with the following development standards: (a) Location. Residentlal units may be located on the ground floor provided they are at least 50 feet from the front property line. This requirement may be altered through approval of a variance. This requirement shall not apply to developments in the BCD, C5, or Ml districts. (b) Access. The residential units shall Uses in have a separate and secured entrance and exit that is directly accessible to the parking. (c) Refuse storage and Locatlon. The residential units shall maintain a separate refuse storage container separate from that used by the commercial and manufacturlng business. It shall be clearly marked for residential use only and use by commercial and rnanufacturlng businesses shall be prohibited. - 110 - SECTION 12. Sectlon 9.04.10.02.141 lS added to the Santa Monica Municipal Code to read as follows: 9.04.10.02.141 Senior Group Housing. Senior group housing located in any district shall comply with the following development standards: (a) Maximum Number of Dwelling Units. The number of dwelling units may exceed that which is permitted in the underlying zoning district if the dwelling units consist of individual rooms that contain full bathrooms and small, efficiency kitchens located in a building that also contains a common kitchen, dining and living space, adequate to serve all residents. (b) Lighting. Adequate external lighting shall be prov1ded for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the residential neighborhood. (c) Laundry facilities. The development shall provide laundry facilities or services adequate for the residents. (d) Common facilities. The development may provide one (1) or more of the following specific common facilities for the exclusive use of the senior citizen residents: (1) Central cooking and dining - 111 - room. (2) Beauty salon and barber shop. (3) Small pharmacy. (4) Recreation room. (5) Library. (e) security. Parking and outdoor facilities shall be designed to provide security for residents, guests, and employees. (f) Minimum Age. Residential occupancy shall be limited to single persons sixty (60) years of age or older, or to couples in which one person is sixty (60) years of age or older. SECTION 13. section 9.04.10.02.142 is added to the Santa Monica Municipal Code to read as follows: 9.04.10.02.142 Transitional and congregate Housing. Transitional and congregate housing located in any district shall be subject to the following standard: (1) Provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to insure compatibility with services provided at the faclllty, and for training, counseling, and treatment prograIDs for residents. - 112 - SECTION 14. Section 9.04.12.110 of the Santa Monica Municipal Code is hereby repealed. SECTION 15. The applicant for any project for which an application has been filed but not approved at the time this Ordinance becomes effective can elect to have the provisions of this Ordinance apply to the project. SECTION 16. Any provision of the Santa Monica Municipal Code or appendices thereto inconslstent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modlfled to that extent necessary to effect the provisions of this Ordinance. SECTION 17. 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 competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The city Council hereby declares that it would have passed this Ordlnance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional wlthout regard to whether any portion or the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 18. 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 - 113 - within 15 days after its adopt1on. This Ordinance shall become effective 30 days from its adopt10n. APPROVED AS TO~ JOSE~E Acting City Attorney - 114 - ... Adopted and approved this 22nd day of June, 1993. ~ PJ&yor I hereby certify that the foregoing Ordinance No. 1687 (CCS) was duly and regularly introduced at a meeting of the City Council on the 15th day of June 1993; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 22nd day of June 1993 by the following Council vote: Ayes: Councilmembers: Abdo1 Genser1 Olsen, Rosenstein, Vazquez Noes: Councilmernbers: Greenberg, Holbrook Abstain: Councilmembers: None Absent: Councilmernbers: None ATTEST: ~'UwL~#~ ~ City Clerk '