SR-0 (106)
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ATTACHMENT A
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CA:f:\atty\muni\laws\mhs\defnc
City Council Meeting 8-8-95
Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING ZONING
ORDINANCE SECTION 9.04.02.030 REGARDING
DEFINITIONS OF NIGHTCLUB AND RESTAURANT
WHEREAS, the Planning Commission adopted a Resolution of
Intention to amend the Definitions section of the Zoning Ordinance;
and
WHEREAS, the Planning commission held a public hearing on the
proposed amendments to the Definition section of the Zoning
Ordinance and made recommendations on many of the proposed
amendments; and
WHEREAS, the City is desirous of insuring that nightclub and
restaurant establishments do not negatively impact adjacent
residential neighborhoods and,
WHEREAS, the City is desirous of clarifying the distinction
between nightclub and restaurant establishments; and,
1
WHEREAS, the City Council held a public hearing on the
proposed amendments to the nightclub and restaurant definitions;
and
WHEREAS, the City Council finds and declares that the proposed
amendment to the nightclub and restaurant definitions is consistent
in principle with the goals, objectives, policies, land uses, and
programs specified in the adopted General Plan, including the
obj ecti ves listed under Obj ecti ves 1. 1 and 1.2 of the Land Use
Element of the General Plan, which call for protecting the quality
of life in all residential neighborhoods, and ensuring
compatibility of adjacent land uses with particular concern for
protecting residential neighborhoods; and
WHEREAS, the Zoning Ordinance is the primary means of
implementing the policies of the General Plan, and to effectively
implement General Plan policies, the Zoning Ordinance must be
clear, concise, and complete in its expression of the city's land
use policies; and
WHEREAS, the proposed change to the nightclub and restaurant
definitions will act to clarify two existing definitions; and
WHEREAS, the pUblic health, safety, and general welfare
require the adoption of the proposed amendment, in that the
proposed change to the nightclub and restaurant definitions will
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act to enhance understanding of and compliance with the development
standards of the General Plan as implemented by the Zoning
ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. section 9.04.02.030 of the Santa Monica Municipal
Code is amended to read as follows:
9.04~02~030. Definitions.
The following words or phrases as used in this
Chapter shall have the following meanings:
Accessory Building. A detached building which is
located on the same lot as the Principal building and is
incidental and subordinate to the principal building in
terms of both size and use.
Accessory Li vinq Quarters. Living quarters wi thin 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.
3
Act of Nature. A natural occurrence such as an
earthquake, flood, tidal wave, hurricane or tornado which
causes substantial damage to buildings or property.
Affordable Housing proj ect. 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.
Arcade. A public passageway or colonnade open along
at least one side, except for structural supports,
usually covered by a canopy or permanent rOOfing.
Art Gallery. A room or structure in which original
works of art or limited editions of original art are
bought, sold, loaned, appraised or exhibi ted 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.
4
Attic. The area located above the ceiling of the
top story and below the roof and not usable as habitable
or commercial space.
Auditorium. A building or room designed to
accommodate groups of people for meetings, performances
or events.
Automobile Center. A grouping of individual
automobile dealerships offering a variety of automobile
makes and models proposed as a single development
project.
Automobile Dealership. Any business establishment
which sells or leases new or used automobiles, trucks,
vans, trailers, recreational vehicles, boats or
motorcycles or other similar motorized transportation
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 Agenoy. 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
5
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.
Dealership.
Automobile storage Lot. Any property used for short
or long term parking of vehicles for sale or lease at an
automobile dealership.
Automobile Washing
See
Automobile
structure, improvement or
washing motor vehicles.
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 "public-premises"
liquor license and restaurants with a liquor serving
Facility. Any
land principally
building,
used for
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facility that is physically separate from the dining area
and is regularly operated during hours not corresponding
to food service hours.
Basement. The portion of a structure below the
finished first floor. A basement shall be considered a
story if the finished first floor extends more than 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 (4) guest
rooms and one (1) 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 shelter, housing 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.
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Building coverage. The horizontal area measured
within the perimeter of the exterior walls of the ground
floor or upper floors that overhang the ground floor of
all principal and accessory buildings on a lot.
Building Height. The vertical distance measured from
the existing average natural grade to the highest point
of the roof. However, in connection wi th development
projects in the Ocean Park Districts, building height
shall mean the vertical distance measured from the
theoretical grade to the highest point of the roof.
Building Hass. Three dimensional forms, the simplest
of which are cubes, boxes, cylinders, pyramids and cones.
A building is rarely only one of these simple forms, and
is generally a composite of these forms.
Building, Principal. A building in
principal use of the lot on which it 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
which the
located is
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continuation of an existing use does not constitute a
change of use.
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 Warship 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.
Common Open Space. Usable open space which is for
the use of the residents of two (2) or more dwelling
units.
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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 and adults as
defined in Article 1 of Chapter 3 of the California
Health and safety Code Section 1500 et seq.
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 care facility other
than a family day care home, and includes infant centers,
preschools and extended day care facilities.
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Domestic Violence Shelter. A residential facility
which provides temporary accommodations to persons or
families who have been the victims of domestic violence.
Such a facility may also provide meals, counseling, and
other services, as well as common areas for the residents
of the facility.
Drive-Through or Drive-Xn Restaurant. A restaurant
where customers may be served food in their vehicles for
consumption either on or off the site.
Duplex. One (1) structure on a single lot 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, Xulti-Family. A dwelling containing two
(2) or more dwelling units.
Dwelling, Single-Family. A building containing one
(1) dwelling unit which contains only one (1) kitchen and
which is located on a permanent foundation.
Dwelling Unit. One (1) or more rooms, designed,
occupied or intended for occupancy as separate living
quarters, with full cooking, sleeping and bathroom
facilities for the exclusive use of a single household.
Dwelling Unit, Efficiency. A dwelling unit
consisting of not more than one (1) habitable room
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together with kitchen or kitchenette and bathroom
facilities.
Electric Distribution Substation. An assembly of
equipment which could include fuel cells and microwave,
cable, radio and/or other communication facilities as
part of a system for distribution of electric power where
electric energy is normally received at a
sub-transmission vol tage 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.
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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 basements below
the roof and measured from the interior face of exterior
walls, or a wall 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 provided the ramp does not accommodate parking i
(d) Unenclosed decks, balconies and platforms not
used for commercial or restaurant activity;
(e) Exterior courtyards, arcades, atria, paseos,
walkways and corridors 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 semi subterranean parking
structures used exclusively for parking and loading and
unloading;
(h) At-grade parking not covered by a building,
structure or roof;
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( i) Loading docks open or covered by a roof or
canopy, but otherwise unenclosed and used exclusively for
loading and unloading;
(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:
(a) Restrooms, lounges, lobbies, kitchens, storage
areas and interior hallways and corridors;
(b) The floor area of interior courtyards, atria,
paseos, walkways and corridors covered by a roof or
skylight;
(c) Covered at-grade parking;
Cd} 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:
(a) The floor devoted to parking does not exceed
ten (10) feet in height;
(b) There is at least one (1) level of subterranean
or semi subterranean parking provided on the lot;
(c) The at-grade and above grade parking levels are
screened from view;
(d) There is no parking on the ground floor within
forty (40) feet of the front property line;
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(e) The design 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. Businesses which are engaged in
selling goods or merchandise to the general public and
which provide services incidental to the sale of such
goods.
Grade, Average Natural. The average elevation of the
ground level of the parcel surface in its natural state
as measured at the intersection of the rear and front
setback lines (if any) with the side setback lines of the
parcel. For parcels with a grade differential of 12.5
15
feet or more, as measured from either any point on the
front setback line to any point on the rear setback line,
or from any point on a side setback line to any point on
the opposing setback line, Average Natural Grade shall be
calculated on three equal segments of the parcel created
by drawing imaginary lines connecting opposite parcel
lines. For parcels where the primary grade differential
is from front to rear, these lines shall be drawn from
the intersection of the rear and front setback lines (if
any) with the side setback lines at 1/3 increments of the
depth of the parcel from the rear to the front setback
(if any). For parcels where the primary grade
differential is from side to side, these lines shall be
drawn from the intersection of rear and front setback
lines (if any) with the side setback lines at 1/3
increments of the width of the parcel from side setback
line to side setback line (if any). This height
calculation method shall be optional for parcels with
less than a 12. 5-foot grade differential. Also see
Grade, Theoretical.
Grade, Theoretical. An imaginary line from the
midpoint of the lot on the front property line to the
midpoint of the lot on the rear property line.
Grading. Any stripping, cutting, soil removal,
filling or stockpiling of earth or land.
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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 within 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 in a dwelling unit for
living, sleeping, eating or cooking. Bathrooms, closets,
halls, storage or utility space, and parking areas are
not considered habitable space.
Hardscape. An open area 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 Ittemporary accommodations"
17
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 I'provider"
shall mean a government agency or private non-profit
organization which provides or contracts with recognized
communi ty 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 individual dwelling units, with
the exception of a manager's unit.
HODle 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.
HODle Occupation Permit. An administrative permit
obtained in accordance with Part 9.04.20.04 to allow a
home occupation.
Hospice. A facility that provides residential living
quarters for up to six (6) terminally ill persons. A
hospice is a permitted use in all residential districts.
Hotel. A building, group of buildings, or a portion
of a building which is designed for or occupied as the
temporary lodging place of individuals for less than
thirty (30) consecutive days including, but not limited
to, an establishment held out to the public as an
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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, space
or portion thereof where food is sold at retail where
less than two hundred fifty (250) square feet (interior
and exterior) is utilized for on-site consumption of any
food or beverage, including seating, counter space or
other eating arrangement.
Kitchen. A room or space 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.
Large Family Day Care Hoae. A home which provides
family day care to seven (7) to twelve (12) children at
anyone time, including children under the age of ten
19
(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 interior habitable area of an
existing principal dwelling unit including basement and
shall not include a garage.
Living Quarters. A structure or portion thereof
which is used principally for human 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 Bousehold. A household whose gross annual
income does not exceed sixty Percent (60%) of the median
income of the Los Angeles-Long Beach-Anaheim Primary
Metropolitan Statistical Area (PMSA), as determined
periodically by the U.S. Department of Housing and Urban
Development (HUD), adjusted for household size. If a
provision of the Municipal Code otherwise specifically
20
defines low income household, then that definition
governs the application of that section. See Moderate
Income Household and Very Low Income Household.
Manufactured Bouse. 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.
Kiddle-Ineom. Household. A household whose gross
annual income is One Hundred Percent (100%) of the median
income of the Los Angeles-Long Beach-Anaheim Primary
Metropolitan statistical Area (PMSA), as determined
periodically by the u.s. Department of Housing and Urban
Development (HOD) 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
21
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
batter ies, tire recapping or retreading 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.
Mobilehome Park. See Trailer Park.
Koderate-Income Household. A household whose gross
annual income does not exceed One Hundred Percent (100%)
of the median income of the Los Angeles-Long Beach-
Anaheim Primary Metropolitan Statistical Area (PHSA), as
determined periodically by the U. S. Department of Housing
22
and Urban Development (RUD), 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.
Kot:el.
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.
Neiqhborhood Grocery St:ore. 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.
Bet 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"
Niqhtclub. An establishment ~~i=~ ~~i=~ri17 =~~~~=
, .:...._ __.....__~_.:____~ __ ...:I""'Y'I,lf""'I";-- __...;J .....1...:_1.. __.... ___...._ '&:__..:1 __
....... -.- ->1''''--- --.............._......... __ __......__...~ _.&&- -.................. "'1Io"""'J. .................... ~--- -~
=~9..~~=.;~= such as C:I bar I c:. is.c:o'thcql1c, res ~a u nl:'1t.. or
fi.:.::iilar facjlit}" WhiCh. at a~~ timC'!l=' or during ~puci~jcd
noues r provides dc.lnc ing oc cntC'rtainmcnt ac th(~ pT j r.~:j p~\l
-";OL.
Nightclub i nc: 1 ud(:s d restaurant wh i ch off (!n:
t' :1"C("! rta i nmcnt beyond the' 1 i~1i t:l t i on~ se~ forth ~ n thC"
tiC'rin!t~oc of "rcstauTdnt" in S~~tion 9"u~.02.0Jr"
23
1ypic31 chdractcr~stics o~ a r.ightclub include, b~~ ar~
not limited to, th~ ch~rging cf a cov~r charg~, li~~~c~
or no food service, n dunce flo~r or S~dq~, ~rnpl]fied
ou~ic. and a ~ini~up dr:nk p~Tcnase rcquirc~unt.
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 facility licensed to provide
full-time convalescent or chronic care to individuals
who, by reason of advanced age, chronic illness or
infirmity, are unable to care for themselves.
Off-Site Hazardous waste Facility. An operation
involving handling, treatment, storage or disposal of a
hazardous waste in one or more of the following
situations:
(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.
(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.
24
outdoor storage. The keeping, in an unroofed area,
of any goods, junk, material, merchandise or vehicles in
the same place for more than seventy-two (72) hours.
Overlay District. A zoning designation specifically
delineated on the Districting Map establishing land use
requirements that govern in addition to the standards set
forth in the underlying residential, commercial or
industrial district.
parapet. All low 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 abutting 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.
25
Parcel Depth. The distance measured from the front
parcel line to the rear parcel line as per the legal
description of the property.
parcel, Flaq. A parcel not fronting on or abutting
a public road and where access to the public road is by
a narrow right-of-way or driveway.
Parcel Fron~aqe. The width of the front parcel line
measured at the street right-of-way.
parcel, Rey. 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 parcels I a
line ten (10) feet in length entirely within the parcel,
parallel to, and at a maximum distance from the front
parcel line.
26
parcel Line, side. Any parcel line other than a
front or rear parcel line.
parcel, Reversed Corner. A corner parcel, the side
street line of which is substantially a continuation of
the front parcel line of the first parcel to its rear.
parcel, Throuqh. A parcel which fronts on two (2)
parallel streets or which fronts upon two (2) streets
which do not intersect at the boundaries of the parcel.
parcel Width. The horizontal distance between the
side lines of a parcel measured at right angles to its
depth along a straight line parallel to the front parcel
line at the street or public right-of-way that is
identified as the parcel's address.
Pedestrian Orientation. Design qualities and
elements that contribute to an active, inviting
street-level environment making the area a pleasant place
to walk and shop including, but not limited to:
(a) street furniture;
(b) Design amenities related to the street level
such as awnings, paseos, arcades;
(c) Visibility into buildings at the street level;
(d) Highly articulated facades at the street level
with interesting uses of material, color and
architectural detailing;
(e) Continuity of the sidewalk with a minimum of
intrusions into the pedestrian right-of-way;
27
(f) continuity of building facades along the street
with few interruptions in the progression of buildings
and stores;
(g) Signage oriented and scaled to the pedestrian
rather than the motorist;
(h) Landscaping.
pedestrian-Oriented Use. A use which is intended to
encourage walk-in customers and which generally does not
limit the number of customers by requiring appointments
or otherwise excluding the general public. A pedestrian
oriented use may suggest or require appointments for
services when primarily for the convenience of the
customer I such as reservations wi th restaurants,
beauticians or optometrists to avoid being turned away
due to unavailability.
Penthouse. A structure not exceeding fourteen {14}
feet in height located on the roof of a building used for
the purpose of sheltering mechanical equipment or
vertical shaft openings in the roof.
Performance Standards Permit. An administrative
permit obtained in accordance with Part 9.04.20.08.
Permitted Use. Any use allowed in a zoning district
and subject to the restrictions applicable to that zoning
district.
28
Photocopy Shop_ An establishment that reproduces or
prints documents. A print shop shall be considered to be
the same as a photocopy shop.
Place of Worship_ A 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 Cochere. A footed structure extending from the
entrance of a building over an adjacent driveway, the
purpose of which is to shelter persons entering and
exiting a building.
Primary Space. Living room, dining room, family
room, library or similar such activity room in a dwelling
unit.
Primary Window. A glazed surface whose area is
larger than any other glazed surface in a room which
serves as a primary space.
Principal Use. The pr iIP.ary or predominant use of any
site.
Private Club or Lodge. A building and related
facilities owned or operated by a corporation,
association or group of individuals established for the
29
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 membership
requirements is payment of a membership or admission fee.
Private Open Space. Useable open space, including
but not limited to, a deck, yard, patio or combination
thereof, which is specifically designed and constructed
to be occupied and used by the residents of a dwelling
unit and which is adjacent to, accessible from, and at
the same or approximate elevation as the primary space of
the dwelling unit.
Private Tennis Court. A tennis court which is used
for noncommercial purposes by the owner of the property
or their guests.
Public Land. Any government-owned land, including,
but not limited to, public parks, beaches, playgrounds,
trails, paths, schools, public buildings and other
recreational areas or public open spaces.
Public utility Service Center and service Yard. Any
building or property used for the administration of
public utili ty repair, maintenance, and installation
crews, warehouse, storage yard or maintenance garage
including vehicle parking of a public utility.
30
Recreational Buildinq. Incidental park structures
such as restrooms and maintenance facilities, community
rooms, locker rooms and showers servicing persons using
the beaches or ocean, playing courts, playgrounds, 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
determined in order to be admitted and remain in the
facility, as defined in Chapter 3.2 of the California
Health and Safety Code, Section 1569 et. seg. A
Residential Care Facility for the Elderly serving six (6)
or fewer persons shall be considered a family dwelling
for all zoning purposes.
Residential Pacility. A community care facility
which consists of any family home, group care facility,
or similar facility as determined by the Director of the
state Department of Social services, for twenty-four (24)
hour non-medical care of persons in need of personal
services, supervision or assistance essential for
sustaining the activities of daily living or for the
protection of the individual, as defined in Article 1 of
Chapter 3 of the California Health and Safety Code,
31
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 US8. 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!:
except for UFCS qual.!y~ng ao incidcn~al foed s~rv!cr. A
restaurant mil;" provldr ::I.it:. LC or c::.her cnt.(~rtiJ in::u:mt ] f t
(1) thurr !s iLoll n:cai scrY!(=~ a\"dil.3b]t~ at &.~~l tiC'c~
~hj.u tt.(' C'r.tcrtainr.c::t h; ta.king place; (2; there il~ "C]
d~ncinq; and (J) the c~tcr~aln~rn: j~ provided onl~ In
t.!u.' roon. ( F;) 1n '" h .:.ch tnc oe rv ice of 100d itii t.hc pT I JII=] r~'
lJ:J~ inem:;, act h"i ty.
h restaurdnt .ith cntertaln~cn~
bt~i'cmd thc scope of these l.:.mitations during s-pccifiC'd
~curG on a nlghtly, w~ekly, or otL~r rcgulnr basis s~aJl
,':;;:0 1::e cOli:;.dcT~d a niCJht~lub and ou;.:::h C':l':c:-tainmcm-::. \H:.(
Shilll bo prchJt~i tecl unJ 03& -I f~(~paratc cond it .irJna] LoS.:!
~~rmit lcr th~~ nig~tc]ub u~c n~~ beon G~td~n~~. ~=== ~ot
.: __, ....__ ..: __.: .-':1____, ~__..:I ___.....:__
........~.....___ ......a&_................... ...._~ ... __...... ~............ ....__.
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
32
the governing authority or its members by marriage, blood
or adoption.
Roof. That portion of a building or structure above
walls or columns that shelters the floor area or the
structure below.
sani'tarium. An institution for the treatment of
persons with chronic and usually long-term illnesses.
Secondary Window. Window serving a bedroom,
bathroom, kitchen, stairway, corridor or storage area in
a dwelling unit, or a window in a primary space which is
not a primary window.
Self-Service Storage Warehouse (Xini-Warehouse). A
warehouse operation where customers rent or lease, and
have direct access to, individual storage areas,
compartments or rooms wi thin a larger structure or
structures provided for storage use.
Senior Citizen. An individual sixty-two (62) years
of age or more.
Senior Group Housing. A building or buildings,
including a single family dwelling, that provides
residence for a group of senior citizens with a central
kitchen and dining facilities and a separate bedroom or
private living quarters.
Senior Housinq. MUlti-family residential housing,
other than a Residential Care Facility for the Elderly or
Senior Group Housing, developed with individual dwelling
33
~
units, in which each unit is restricted for occupancy by
at least one person in each household who is sixty (60)
years of age or older. Without restriction as to age of
occupant, units may also be occupied by management or
maintenance personnel who are required to live on the
premises.
service station. Any establishment whose primary
function is the retail sale of petroleum products and
vehicle accessories normally associated with this use,
and shall include those service stations providing
full-service 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-ai-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
34
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.
Si te. Any plot or lot of land or combination of
contiguous lots of land.
Skylight. That portion of a roof which is glazed to
admit light, 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 regulations.
Solar Enerqy system. Any solar collector or other
solar energy device, or any structural design feature of
a building whose primary purpose is to provide for the
collection, storage or distribution of solar energy for
space heating or cooling, water heating or electricity.
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 building included between
two (2 ) consecutive floors of a building. A basement
35
shall not be considered a story if the finished first
floor does not exceed three (3) feet above the average
natural grade of the lot. An unfinished attic shall not
be considered a story. A mezzanine shall be considered a
story if it is not open to the floor below, if it
contains any enclosed rooms, bathrooms, closets and the
like, or if it contains more than Thirty-Three and
One-Third Percent (33 1/3%) of the total floor area of
the room(s) onto which it opens.
structure. Anything constructed or erected, which
requires a fixed location on the ground, or is attached
to a building or other structure having a fixed location
on the ground.
Subdivision. See Chapter 9.20 for all subdivision
definitions.
Substantial Remodel. Removal of Fifty Percent (50%)
or more of the exterior walls or removal of Fifty Percent
(50%) or more of supporting members of a structure such
as bearing walls, columns, beams or girders.
Tandem parking. A group of two (2) or more parking
spaces arranged one (1) behind the other where one (1)
space blocks access to the other space.
Temporary Structure. A structure without any
foundation or footing and which is removed when the
designated time period, activity or use for which the
temporary structure was erected has ceased.
36
4
Temporary Use Pend t. An administrati va permit
obtained in accordance with Part 9.04.20.06.
Theat.er. Any hall where live entertainment is given
or held as the principal use, any establishment
containing a permanent stage upon which movable scenery
and theatrical appliances are used and where regular
theatrical performances are given.
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 Kobilehome Park. Any area or tract
of land used or designed to accommodate one (1) or more
trailers in use for human habitation with minimum
facilities for water, sewer, electricity and laundry.
Transitional Housinq. A mUlti-family residential
facility developed in an individual dwelling unit format
that does not restrict occupancy to six (6) months or
less and that provides temporary accommodations to low
and moderate-income persons and families for periods of
up to three (3) years, and which also may 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
37
..
of fifteen (15) feet, and having a trunk that shall be
kept clear of leaves and branches at least six (6) feet
above grade at maturity.
Tree, Fifteen (15) Gallon. A fifteen (15) gallon
container tree shall be no less than one (1) inch caliper
and at least six (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.
Us.. The purpose or acti vi ty for which land is zoned
or a structure is intended or used.
variance. A discretionary 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. Departlllent of Housing and Urban Development
(HAD), adjusted for household size.
38
Warehouse. A building, group of buildings or a
portion of a building used for the storage of goods and
materials.
Yard. An open space situated between lot lines and
not covered by buildings.
Yard, Front. A space extending the full width of the
lot between any building and the front lot line, and
measured perpendicular to the building at the closest
point to the front lot line. The front yard shall be
unoccupied and unobstructed from the ground upward except
as may 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 disposing 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 perpendicular from the side lot line to the
closest point of the principal building. The side yard
39
b) Direct the Planning staff to conduct an environmental
evaluation of the proposed zones; and
c) Upon adoption of ordinances establishing these zones,
revise budget revenue account 01-210-415-00000-0029-10000
to reflect $6,000.00 in additional revenue from the sale
of new preferential parking permits.
Prepared by:
Suzanne Frick, Director of Planning and community
Development
Ron Fuchiwaki, city Parking & Traffic Engineer
Doug Biagi, Associate Traffic Engineer
8