SR-400-002-06 (2)
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Exh,b,t N
CA:RMM:LLD554/hpc
City Council Meeting
-89
Santa Monica, california
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING MUNICIPAL CODE SECTIONS
9000.3, 9040.3, 9040.10, 9040.17, 9040.18, 9041.2,
9041.6, 9044.10, 9044.21, AND 9113.3 AND ADDING
SECTIONS 9002.10, 9035.1 THROUGH 9035.7, 9036.1 THROUGH 9036.7
9037.1 THROUGH 9037.7, 9038.1 THROUGH 9038.7,
9039.1 THROUGH 9039.7, 9040.41, 9047.1 THROUGH 9047.3,
AND 9151.1 THROUGH 9151.7 TO THE SANTA MONICA
MUNICIPAL CODE RELATING TO ZONING REGULATIONS FOR
THE OCEAN PARK AREA
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9000.3 is
amended to read as follows:
Section 9000.3. Definitions. The
phrases as used in this Chapter shall
meanings:
following
have the
words or
following
Accessory Buildinq. 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 Livinq 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.
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Act of Nature. A natural occurrence such as an earthquake,
flood, tidal wave, hurricane or tornado which causes substantial
damage to buildings or property.
Al tered Grade. A change in the elevation of the ground
surface from its natural state due to grading, excavation or
filling.
Arcade. A public passageway or colonnade open along at
least one side, except for structural supports, usually covered
by a canopy or permanent roofing.
Art Gallery. A room or structure in which original works
of art or limited editions of original art are bought, sold,
loaned, appraised, or exhibited to the general public.
Artist studio. A room or structure in which original works
of art are created on site. Living quarters for the artist may be
permitted provided the area devoted to living quarters does not
exceed 50% of the square footage of the total studio space.
Attic. The area located above the ceiling of the top story
and below the roof and not usable as habitable or commercial
space.
Auditorium. A building or room designed to accommodate
groups of people for meetings, performances or events.
Automobile Center. A grouping of individual automobile
dealerships offering a variety of automobile makes and models
proposed as a single development project.
Automobile Dealership. Any business establishment which
sells or leases new or used automobiles, trucks, vans, trailers,
recreational vehicles, boats or motorcycles or other similar
motorized transportation 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 Display Lot. Any property used for the display,
lease and sale of new or used automobiles, light trucks, vans,
trailers, recreational vehicles, motorcycles, boats or other
similar vehicles.
Automobile Repair Facility. Any building, structure,
improvements or land used for the repair and maintenance of
automobiles, motorcycles, and trucks including but not limited to
body, fender, muffler, or upholstery work, oil change and
lubrication, painting, tire service and sales, or the
installation of CB radios, car alarms, stereo equipment, or
cellular telephones.
Automobile Sales Facility. See Automobile Dealership.
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Automobile Storaqe Lot. Any property used for short or
long term parking of vehicles for sale or lease at an automobile
dealership.
Automobile Washing Facility. Any building, structure,
improvement or land principally used for washing motor vehicles.
Automobile Rental Aqency. Any business establishment which
rents or otherwise provides motorized transportation vehicles on
a short-term basis typically for periods of less than one 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.
Averaqe 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."
Awninq. 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 proj ects from the wall of a
building and is surrounded on the exposed sides by a railing or
wall up to 42 inches in height.
Basement.
first floor.
finished first
natural grade.
The portion of a structure below the finished
A basement shall be considered a story if the
floor extends more than 3 feet above the average
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.
Boardinq 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.
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Building Bulk. The aggregate of three dimensional forms
making up a building.
Buildinq 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 with development proj ects in the Ocean
Park Districts, building height shall mean the vertical distance
measured from the theoretical grade to the highest point of the
roof.
Building Mass. Three dimensional forms,
which are cubes, boxes, cylinders, pyramids
building is rarely only one of these simple
generally a composite of these forms.
Building, principal. A building in which the principal use
of the lot on which it is located is conducted.
the simplest of
and cones. A
forms, and is
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.
Child Day Care Center. Any child day care facility, other
than a family day care home, that provides care, protection, and
supervision for more than six children for periods less than 24
hours per day and where the owner or operator does not reside at
the child day care establishment. Child day care centers shall
include infant centers, preschools, nursery schools, and extended
day care facilities.
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.
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Common Open Space. Usable open space which is for the use
of the residents of two or more dwelling units.
c~mmunity Care Facility. Any facility, place, or building
which lS maintained and operated to provide non-medical
residential care, adult day care, or home finding agency services
for children, adults, or children and adults including but not
limited to the physically handicapped, mentally impaired, or
incompetent persons, and includes the following:
(1) "Residential Care Facility" means any family home,
group care facility for 24-hour non-medical care to persons 18
years of age or older in need of personal services, supervision,
or assistances essential for sustaining the activities of daily
living or for the protection of the individual.
(2) "Adult Day Care Facilityll means any facility which
provides non-medical care to persons 18 years of age or older in
need of assistance essential for sustaining the activities of
daily living or for the protection of the individual on less than
a 24-hour basis.
Conditional Use Permit. A discretionary permit obtained in
accordance with Subchapter lOF, permitting the establishment of
particular uses in a zoning district.
Cultural Facilities. Museums, galleries, theaters and the
like, which promote educational and aesthetic interest within a
community.
Drive-Throuqh or Drive-In Restaurant. A restaurant where
customers may he served food in their vehicles for consumption
either on or off the site.
Duplex. One structure on a single lot containing two
dwelling units, each of which is functionally separated from the
other.
Dwelling. A structure or portion thereof which is used
principally for residential occupancy.
Dwellinq, MUlti-Family. A dwelling containing two or more
dwelling units.
Dwelling, Single-Family. A
dwelling unit which contains only
located on a permanent foundation.
building containing one
one kitchen and which is
Dwelling Unit. One 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.
Dwellinq Unit, Efficiency. A dwelling unit consisting of
not more than one habitable room together with kitchen or
kitchenette and bathroom facilities.
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Electric Distribution Substation. An assembly of equipment
which could include fuel cells and microwave, cable, radio and/or
other communication facilities as part of a system for
distribution of electric power where electric energy is normally
received at a sub-transmission voltage and transformed to a lower
vol tage, 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 Heiqht. 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 3 feet above the
average natural grade.
Floor Area. The total gross horizontal areas of all floors
of abuilding, including usable basements below the roof and
measured from the interior face of exterior walls, or a wall
separating two buildings excluding:
(1) stairways and stairwells.
(2)
shafts.
Elevators, elevator equipment rooms, and elevator
(3) Ramps to a subterranean or semi-subterranean parking
structure or ramps between floors of a parking structure
providing the ramp does not accommodate parking.
(4) Unenclosed decks, balconies, and platforms not used
for commercial or restaurant activity.
(5) Exterior courtyards, arcades, atria, paseos,
walkways, and corridors whether or not covered by a roof provided
they are not used for commercial or restaurant activity.
(6) The volume above interior courtyards, atria, paseos,
walkways, and corridors whether covered or not.
(7) Subterranean and semi-subterranean parking structures
used exclusively for parking and loading and unloading.
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(8) At grade parking not covered by a building,
structure, or roof.
(9) Loading docks open or covered by a roof or canopy,
but otherwise unenclosed and used exclusively for loading and
unloading.
(10) Mechanical equipment rooms, electrical rooms,
telephone rooms, and similar space if located below grade.
Floor area shall include those areas occupied by the
following:
(1) Restrooms, lounges, lobbies, kitchens, storage areas,
and interior hallways and corridors.
(2) The floor area of interior courtyards, atria, 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 of the actual area if all of the following
conditions are met:
(I) The floor devoted to parking does not exceed 10 feet in
height.
(2) There is at least one level of subterranean or
semi-subterranean parking provided on the lot.
(3) The at-grade and above grade parking levels are
screened from view.
(4) There is no parking on the ground floor within 40 feet
of the front property line.
(5) 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 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.
Garaqe. 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.
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Garage, Semi -Subterranean. A structure used for parking
and storage of vehicles located partly underground, with the
finished floor of the first level of the structure not more than
three feet above the average natural or existing grade of the
lot, except for openings for ingress and egress.
Garaqe, Subterranean. A structure wholly or partly
underground, the ceiling of which is not more than two feet above
the average natural grade, except for openings for ingress and
egress.
General Retail. Businesses which are engaged in selling
goods or merchandise to the general public and which provides
services incidental to the sale of such goods.
Grade, Theoretical. An imaginary line from the midpoint of
the lot on the front property line to the midpoint of the lot on
the rear property line.
Grading. Any stripping, cutting, soil removal, filling, or
stockpiling of earth or land.
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 inches to three feet.
Ground Floor. The first level of a building other than a
basement.
Ground Floor Street Frontaqe. The first level of a
building, other than a basement, to a depth of no less than 50
feet of the front of the lot.
Habitable Space. Space in a dwelling unit for living,
sleeping, eating, or cooking. Bathrooms, closets, halls,
storage or utility space, and parking areas are not considered
habitable space.
Hardscape. An open area 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.
Hedqe. A barrier of plant material functioning as an
enclosure or used for screening.
Home Occupation. A home enterprise in a residential
dwelling unit incidental and secondary to the use of the dwelling
unit and compatible with surrounding residential uses.
Home Occupation Permit. An administrative permit obtained
in accordance with Subchapter lOB to allow a home occupation.
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Hospice. A facility that provides residential living
quarters for up to six terminally ill persons. A hospice is a
permitted use in all residential districts.
Hotel. A building, group of buildings, or a portion of a
building which is designed for or occupied as the temporary
lodging place of individuals for less than 30 consecutive days
including, but not limited to, an establishment held out to the
public as an apartment hotel, hostel, inn, time share project,
tourist court, or other 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 Service. Any building, room, space, or
portion thereof where food is sold at retail where less than 250
square feet (interior and exterior) is utilized for on-site
consumption of any food or beverage, including seating, counter
space or other eating arrangement.
Kitchen. A room or space within a building intended to be
used for cooking or preparing food.
Landscaped Area. The area within the boundaries of a 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.
Larqe Family Day Care Horne. A home which provides family
day care to 7 to 12 designated children daily, inclusive,
including children who reside at the home.
Liqht Manufacturinq. Manufacturing uses conducted within
an enclosed building that include fabricating, assembling,
testing, repa~rl.ng, 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.
Livinq Area. The interior habitable area of an existing
principal dwelling unit including basement and shall not include
a garage.
Livinq Quarters. A structure or portion thereof which is
used principally for human habitation.
Loadinq Space. An off-street space or berth on the same
lot with a building for the temporary parking of a vehicle while
loading or unloading of goods.
Loft. See Mezzanine.
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Lot. A lot.
Low Income Household. A household whose gross annual
income is between 51% and 80% of the median income of the Los
Angeles-Long Beach-Anaheim Primary Metropolitan statistical Area
(PMSA), as determined periodically by the U. s. Department of
Housing and Urban Development (RUD), adjusted for household size.
Manufactured Housinq. A residential structure
off-site and moved to a designated site for placement
permanent foundation.
built
on a
Mezzanine. An intermediate level without walls or
parti tions , placed in any story or room and open to the space
below. When the total area of any such mezzanine floor exceeds
33 1/3 percent of the of the total floor area in that room, it
shall constitute an additional story. The clear height above or
below a mezzanine floor shall not be less than 7 feet. No more
than one continuous mezzanine may be permitted in anyone room.
A mezzanine shall be considered a loft.
Middle Income Household. A household whose gross annual
income is 100% of the median income of the Los Angeles-Long
Beach-Anaheim Metropolitan Statistical Area (PSMA), as determined
periodically by the U.S. Department of Housing and Urban
Development (RUD) 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
w1per blades, fuses, radiator caps, lamps, and other minor
accessor ies, chang ing , and mounting of tires, wheel al ignment,
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 retreading, and similar work.
Mixed Use Development. The development of a lot or
building with two or more different land uses such as, but not
limited to a combination of residential, office, manufacturing,
retail, public, or entertainment in a single or physically
integrated group of structures.
Mobilehome Park. See Trailer Park.
Moderate-Income Household. A household whose gross
annual income is between 81% and 120% of the median income of the
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Los Angeles-Long Beach-Anaheim Primary Metropolitan statistical
Area (PMSA), as determined periodically by the U.S. Department of
Housing and Urban Development (HUD), adjusted for household size.
Motel. An establishment providing transient accommodations
containing six or more rooms with at least 25% of all rooms
having direct access to the outside without the necessity of
passing through the main lobby of the building.
Neiqhborhood Grocery store. Any small market not exceeding
3,000 square feet of floor area selling a full range of food
products including meat, dairy, vegetable, fruit, dry goods, and
beverages.
Net Residential Area. An area of land zoned for
residential uses exclusive of public streets or land dedicated
for streets but including the area to the center line of a rear
alley.
Night Club. An establishment which primarily offers live
entertainment or dancing and which may serve food or beverages.
Nonconforminq Building or structure, Legal. A structure,
the size, dimension, or location of which were lawful prior to
the effective date of this Chapter or any amendment thereto, but
which fails to conform to the present requirements of the zoning
district.
Nursinq 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.
outdoor storaqe. The keeping, in an unroofed area, of any
goods, junk, material, merchandise, or vehicles in the same place
for more than 72 hours.
Overlay District. A zoning designation specifically
delineated on the Districting Map establishing land use
requirements that govern in addition to the standards set forth
in the underlying residential, commercial or industrial district.
Parabol ic Antenna. An accessory structure of any shape,
including the main dish and covering, feedhorn, low noise
amplifier, structural supports and all other components thereof,
which transmits and receives electromagnetic waves by line of
sight.
1. Groundmounted Dish Antenna. A parabolic antenna, the
entire weight of which is supported by an approved platform,
framework, pole, or other structural system, which system is
affixed directly on or in the ground by a foundation and which
system is freestanding, excluding lateral bracing to a building.
2. Height. The vertical distance between the highest
point of an antenna when actuated to its most vertical position
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and grade below, for a groundmounted dish antenna, and to the
roof below for a roofmounted dish antenna.
3. Microwave Relay Antenna.
antenna, typically disc or double
element external to the disc, that
with another similar antenna.
A transmitting and rece1v1ng
convex shaped with no acti ve
communicates by line of sight
4. Reasonable Functional Use. That positioning of a
parabolic antenna which permits substantially unobstructed line
of sight with geosynchronous orbiting satellites from or to which
the dish antenna receives or transmits electromagnetic waves.
5. Roofmounted Dish Antenna. A parabol ic 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 or more structural members of the roof of the
building or to any structural portion of the building above the
roofline.
6. satellite Earth station Antenna.
receives or transmits communications by line
geosynchronous orbiting satellite.
An antenna that
of sight with a
7. Screeninq. The effect of locating a parabolic antenna
behind a building wall, fence, landscaping, berm, and/or other
specially designed device so that view of the dish antenna from
adjoining and nearby public street rights-of-way and private
properties is precluded or minimized to the extend reasonable
8. TVRO Antenna. Television receiving only antenna.
Parapet. A low wall or railing not exceeding 42 inches
above the roof and along its perimeter.
Parcel. A portion of land separated from other portions of
land by legal description, as on a subdivision or record of
survey map, or by metes and bounds. Parcel shall also include
two or more lots combined to be used, developed, or built upon as
a unit as provided for in Section 9002.1.
Parcel Area. The total area within the property lines of a
parcel, excluding any street or alley right-of-way.
Parcel, Corner. A parcel of land abutting two or more
streets at their intersection, or upon two parts of the same
street forming an interior angle of less than 135 degrees.
Parcel Coveraqe. That portion of the parcel that is
covered by buildings and structures. Parcel coverage shall
include that area of the parcel directly below any upper level of
a building or structure that is cantilevered beyond the edge of
the first level of the building or structure.
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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 Frontaqe. The width of the front parcel line
measured at the street right-of-way.
Parcel, Key. The first interior parcel to the rear of a
reversed corner parcel and not separated therefrom by an alley.
Parcel Line. A line of record bounding a parcel which
divides one parcel from another parcel or from a public or
private street or any other public space.
Parcel Line, Front. The parcel line separating a parcel
from a street right-of-way. In the case of a corner parcel, the
line separating the narrowest street frontage of the parcel from
the street shall be considered the front.
Parcel Line, Rear. The parcel line opposite and most
distant from the front parcel line: or in the case of triangular
or otherwise irregularly shaped parcel, a line ten feet in length
entirely within the parcel, parallel to, and at a maximum
distance from the front parcel line.
Parcel Line, Side. Any parcel line other than a front or
rear parcel line.
Parcel, Reversed Corner. A corner parcel, the side street
line of which is substantially a continuation of the front parcel
line of the first parcel to its rear.
Parcel, Through. A parcel which fronts on two parallel
streets or which fronts upon two streets which do not intersect
at the boundaries of the parcel.
Parcel Width. The 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.
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(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.
{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 I inti t
the number of customers by requiring appointments or otherwise
excluding the general public. A pedestrian oriented use !nay
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 exceeding 14 feet in height
located on the roof of a building used for the purpose of
sheltering mechanical equipment or vertical shaft openings in the
roof.
Performance Standards Permit. An administrative permit
obtained in accordance with Subchapter 10D.
permi tted Use. Any use allowed in a Zoning district and
subject to the restrictions applicable to that Zoning district.
Place of Worship.
buildings or structures,
primarily intended for
accessory uses associated
A building or structure, or groups of
which by des ign and construction are
conducting religious services and
therewith.
Planninq Commission. The seven member body responsible for
carrying out functions with respect to planning and zoning as may
be prescribed by this Article.
Porte Cochere. A roofed structure extending from the
entrance of a building over an adjacent driveway, the purpose of
which is to shelter persons entering and exiting a building.
Primary Space. Living room, dining room, family room,
library, or similar such activity room in a dwelling unit.
Primary Window. A glazed surface whose area is larger than
any other glazed surface in a room which serves as a primary
space.
Principal Use. The primary or predominant use of any site.
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Photocopy Shop. An establishment that reproduces or prints
documents. A print shop shall be considered to be the same as a
photocopy shop.
Private Club or Lodge. A 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 membership
requirement is payment of a membership or admission fee.
Private Tennis Court. A tennis court which is used for
non-commercial purposes by the owner of the property or their
guests.
Public Land. Any government owned land, including but not
limited to public parks, beaches, playgrounds, trails, paths,
schools, public buildings, and other recreational areas or public
open spaces.
Public utility Service Center and service Yard. Any
building or property used for the administration of public
utility repair, maintenance, and installation crews, warehouse,
storage yard or maintenance garage including vehicle parking of a
public utility.
Residential Care Facility. A group housing arrangement
chosen voluntarily by residents over 60 years of age, but also
including persons under 60 with compatible needs, who are
provided varying levels and intensities of care and supervision
or personal care, based upon their varying needs, as determined
in order to be admitted and remain in the facility.
Residential Use. One or more rooms designed, occupied, or
intended for occupancy as primary living quarters in a building
or portion thereof.
Restaurant. Any building, room, space, or portion thereof
where food 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 24 or more consecutive hours to two or more
patients who are not related to the governing authority or its
members by marriage, blood, or adoption.
Roof. That portion of a building or structure above walls
or columns that shelters the floor area or the structure below.
Sanitarium. An institution for the treatment of persons
with chronic and usually long term illnesses.
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.
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 Storaqe 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 62 years of age or more.
Senior Group Housinq. 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.
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.
Shelter for the Homeless. A residential facility operated
by a "providerll, other than a "community care facility" as
defined in California Health and Safety Code Section 1502, which
provides temporary accommodations to homeless persons and/or
families and which meets the standards for shelters contained in
Title 25, California Administrative Code, Part 1, Chapter F,
Subchapter 12, Section 7972. The term tttemporary accommodations"
means that a homeless person or family will be allowed to reside
at the shelter for a time period not to exceed six (6) months.
For the purpose of this definition, a "provider" shall mean a
government agency or private non-profit organization which
provides, or contracts with recognized community organizations to
prov ide, emergency or temporary shelter for the homeless, and
which meets the standards set forth in Section 9050.14.
Shrub. A plant with a compact growth habit and branches
coming from the base of the plant. Mature heights of shrubs may
vary from one foot to 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.
Sinqle Room Occupancy. A housing unit which is contained
within a residential hotel, rooming house, hotel, or motel where
the unit does not contain either private food preparation or
sanitary facilities.
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.
site. Any plot or lot of land or combination of contiguous
lots of land.
Skyliqht. That portion of a roof which is glazed to admit
light, and the mechanical fasting required to hold the glazing,
including a curb not exceeding 10 inches in height, to provide a
weatherproofing barrier.
Small Family Day Care Home. A home which provides family
day care to six or fewer designated children daily, including
children who reside at the home.
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.
Speciality 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
consecutive floors of a building. A basement shall not be
considered a story if the finished first floor does not exceed 3
feet above the average natural grade of the lot. An unfinished
attic shall not be considered a story. A mezzanine shall be
considered a story if it is not open to the floor below, if it
contains any enclosed rooms, bathrooms, closets, and the like, or
if it contains more than 33 1/3% of the total floor area of the
room(s) onto 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.
definitions.
See
Chapter
3
for
all
subdivision
Substantial Remodel. Removal of 50 percent or more of the
exterior walls or removal of 50 percent or more of supporting
members of a structure such as bearing walls, columns, beams, or
girders.
Tandem Parkinq. A group of two or more parking spaces
arranged one behind the other where one space blocks access to
the other space.
Temporary Structure. A structure without any foundation or
footing and which is removed when the designated time period,
activity, or use for which the temporary structure was erected
has ceased.
Temporary Use Permit. An administrative permit obtained in
accordance with Subchapter lOCo
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.
Theater. 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 Mobilehome Park. Any area or tract of
land used or designed to accommodate one or more trailers in use
for human habitation with minimum facilities for water, sewer,
electricity, and laundry.
Tree. A plant having at least one well defined stem or
trunk and normally attaining a mature height of at least 15 feet,
with an average mature spread of 15 feet, and having a trunk that
shall be kept clear of leaves and branches at least six feet
above grade at maturity.
15 Gallon Tree. A 15 gallon container tree shall be no
less than one inch caliper and at least six feet in height above
grade at the time of planting.
24 Inch Box Tree. A 24 inch box tree shall be no less than
one and three-quarters inch caliper and at least seven 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 which land is zoned or a
structure is intended or used.
Variance. A discretionary permit obtained in accordance
with Subchapter 10E.
Very Low Income Household. A household whose gross annual
income is between 0% and 50% of the median income of the Los
Angeles-Long Beach-Anaheim Primary Metropolitan statistical Area
(PMSA), as determined periodically by the U. S. Department of
Housing and Urban Development (HUD), adjusted for household size.
Warehouse. A building, group of buildings, or a portion of
a building used for the storage of goods and materials.
Yard. An open space situated between lot lines and not
covered by buildings.
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
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.
.
from the ground upward except as may be permitted by this
Chapter.
Yard Sale. Any sale held for
trading, or otherwise disposing
furnishings, personal goods, or other
control of the person holding such
residential district.
the purpose of selling,
of unwanted household
tangible properties under
sale and conducted in a
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 shall be unoccupied and
unobstructed from the ground upward except as may be permitted by
this Chapter.
Yard, street Side. A space extending the full depth of the
lot between the 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.
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.
Zoning Ordinance. The Comprehensive Land Use Ordinance of
the city of Santa Monica.
SECTION 2. section 9002.10 is added to the Municipal Code to
read as follows:
section 9002.10. Conformance with Ocean Park Zoning Standards
Adopted on October 10, 1989. Any project for which an
application was filed prior to september 12, 1989, shall not be
required to comply with Sections 9000.3, 9035.1, 9035.2, 9035.3,
9035.4, 9035.5, 9035.6, 9035.7, 9036.1, 9036.2, 9036.3, 9036.4,
9036.5, 9036.6, 9036.7, 9037.1, 9037.2, 9037.3, 9037.4, 9037.5,
9037.6, 9037.7, 9038.1, 9038.2, 9038.3, 9038.4, 9038.5, 9038.6,
9038.7, 9039.1, 9039.2, 9039.3, 9039.4, 9039.5, 9039.6, 9039.7,
9040.3, 9040.10, 9040.17, 9040.18, 9040.41, 9041.2, 9041.6,
9044.10, 9044.21, 9047.1, 9047.2, 9047.3, 9151.1, 9151.2, 9151.3,
9151.4, 9151.5, 9151.6, 9151.7, and 9113.3, adopted on October
lO, 1989.
SECTION 3. Subchapter 4V, Sections 9035.1 through 9035.7, is
added to the Municipal Code to read as follows:
Subchapter 4V. OP-1 Ocean Park Single Family Residential
District.
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.
Section 9035.1. Purpose. The OP-1 District is intended
to maintain single family housing wi thin an area comprised of
small lots where single family housing now predominates. The
OP-1 District is designed to prevent traffic and on-street
parking congestion which more intense development could create.
The OP-1 District serves to maintain the existing character and
state of the area.
Section 9035.2. Permitted Uses. The following uses may be
permitted in the OP-l District:
(a) Hospice facilities.
(b) One single family dwelling per lot placed on a
permanent foundation including Manufactured housing).
(c) One-story accessory buildings and structures up to 14
feet in height.
(d) Public parks and playgrounds.
(e) Small family day care homes.
(f) State authorized, licensed, or certified uses to the
extent required to be permitted by state Law.
(g) Yard sales, limited to two per calendar year, for a
maximum of two days each.
Section 9035.3 . Uses subi ect to Performance Standards
Permit. The following uses may be permitted in the OP-l District
subject to the approval of a Performance Standards Permit:
(a) Large family day care homes.
(b) One-story accessory living quarters, up to 14 feet in
height, on a lot having a minimum area of lO,OOO square feet.
(c) Private tennis courts.
Section 9035.4. Conditionally Permitted Uses. The
following uses may be permitted in the OP-l District subject to
the approval of a Conditional Use Permit:
(a) Duplexes on a lot having not less than 6,000 square
feet of area, a side lot line of which abuts, or is separated by
an alley from any R3, or R4 District.
(b) One-story accessory buildings over 14 feet in height
or two story accessory buildings up to a maximum height of 24
feet.
(c) Schools.
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.
Section 9035.5.
Prohibited Uses.
(a) Boarding houses.
(b) Rooftop parking.
(c) Second dwelling units pursuant to section 65852.2(c)
of the Government Code, state of California.
(d) Any uses not specifically authorized.
section 9035.6. Property Development Standards. All property
in the OP-District shall be developed in accordance with the
following standards:
(a) Maximum Building Height. Two stories, not to exceed
20 feet for a flat roof, or 27 feet for a pitched roof. A
pitched roof is defined as a roof with at least 2 sides having no
less than one foot of vertical rise for every three feet of
horizontal run.
(b) Maximum Unit Density. One dwelling unit per lot.
(c) Minimum Lot Size. 4,000 square feet. Each lot shall
contain a mlnlmum depth of 80 feet and a minimum width of 25 feet
except that any lot existing on the effective date of this
Chapter shall not be subject to this requirement.
(d) Maximum Lot Coverage. 50 percent.
(e) Front Yard Setback. 15 feet, or 10 feet if the
average setback of adjacent dwellings(s) is 10 feet or less. A
one story, covered or uncovered porch open on 3 sides may
encroach 6 feet into a front yard with a 15 foot setback, if the
roof does not exceed a height of l4 feet, and the porch width
does not exceed 40% of the building width at the front of the
building.
(f) Rear Yard Setback. 10 feet.
(g) Side Yard Setback.
(1) The side yard setback for that portion of a
building with a secondary window, blank wall, or primary window
on a side yard facing the street (i.e., a corner lot) shall be
determined in accordance with the following formula, except for
lots of less than 50 feet in width for which the sideyard shall
be 10% of the lot width but not less than 4 feet:
5' + (stories x lot width)
50'
(2) The side yard setback for that portion of a
building with a primary window shall be as follows:
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.
.
(a) For lots less than 50 feet in width, a
minimum setback of 8 feet shall be provided, as long as at all
times a 12 foot separation exists between the primary window and
any adjacent structures;
(b) For lots 50 feet or greater in width, a
minimum setback of 12 feet shall be provided.
(3) The second floor side
primary window shall not project more
required side yard setback.
yard setback above a
than 2 feet into the
(h) Landscaping. All areas not covered by buildings,
driveways, and sidewalks are to be covered by appropriate
landscaping. All new construction that requires issuance of a
building permit shall be subject to the provisions of subchapter
5B of this Article.
(i) parking Access. Access to all required off-street
parking shall be from alleys, except for corner lots where access
may be provided from the side street but not from the front
street.
Section 9035.7. 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 5 of this Article.
SECTION 4. Subchapter 4W, sections 9036.1 through 9036.7, is
hereby added to the Municipal Code to read as follows:
Subchapter 4W. OP-Duplex Ocean Park Duplex Residential
district
Section 9036.1. Purpose. The OP-Duplex District is
intended to provide a density appropriate for the Copeland Court
walk street. The OP-Duplex is designed to prevent burden on the
public facilities, including sewer, water, electricity and
schools by an influx and increase of people to the degree larger
than the City's geographic limits, tax base or financial
capabilities can reasonably and responsibly accommodate. The
district is designed to preserve the unique character of this
street. The OP-Duplex district affords protection from
deleterious environmental effects and serves to maintain and
protect the existing character and state of the Copeland Court
walk street.
Section 9036.2. Permitted Uses. The following uses shall
be permitted in the OP-Duplex District:
(a) Hospice facilities.
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.
.
(b) MUlti-family dwelling units.
(c) One-story Accessory buildings and structures up to 14
feet in height.
(d) Public parks and playgrounds.
(e) Single family dwellings placed on a permanent
foundation (including manufactured housing).
(f) Small family day care homes.
(g) Yard sales, limited to two per calendar year, for
each dwelling unit, for a maximum of two days.
section 9036.3. Uses Subject to Performance Standards
Permit. The following uses may be permitted in the OP-Duplex
District subject to the approval of a Performance Standards
Permit:
(a) Large family day care homes.
(b) One-story accessory living quarters, up to 14 feet in
height, on a lot having a minimum area of 10,000 square feet.
(c) Private tennis courts.
(d) Senior group housing.
section 9036.4. conditionally Permitted Uses. The
following uses may be permitted in the OP-Duplex District subject
to the approval of a Conditional Use Permit:
(a) Bed and breakfast facilities.
(b) Boarding houses.
(c) Child day care centers.
(d) Community care facilities.
(e) Libraries.
(f) Neighborhood grocery stores.
(g) Offices and meeting rooms for charitable, youth, and
welfare organizations.
(h) One-story accessory buildings over 14 feet in height
or two story accessory buildings up to a maximum height of 24
feet.
(i) Places of worship.
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.
(j) Residential care facilities.
(k) Rest homes.
(l) Schools.
(m) Underground parking structures provided the lot was
occupied by a surface parking lot at the time of adoption of this
Chapter, the lot is not adjacent to a lot in the C2 District, the
ground level above the underground parking structure is used for
residential or public park and open space uses, the structure is
associated with an adjacent commercially zoned lot, and the
vehicle access to the underground parking is from the
commercially zoned lot and as far from the residentially zoned
lot as is reasonably possible.
section 9036.5.
Prohibited Uses:
(a) Rooftop parking.
(b) Any use not specifically authorized.
Section 9036.6. Property Development Standards. All
property in the OP-Duplex District shall be developed in
accordance with the following standards:
(a) Maximum Buildinq Heiqht. Two stories, not to exceed
23 feet for a flat roof, or 30 feet for a pitched roof. A
pitched roof is defined as a roof with at least 2 sides having no
less than one foot of vertical rise for every three feet of
horizontal run.
(b) Maximum Unit Density. Two units per lot. No more
than one dwelling unit shall be permitted on a lot 4,000 square
feet or less in size.
(c) Maximum Lot Coveraqe. 50% for lots 4,001 square feet
and larger.
(d) Minimum Lot Size. 5,000 square feet. Each lot shall
contain a minimum depth of 100 feet and a minimum width of 50
feet, except that lots existing on the effective date of this
Chapter shall not be subject to this requirement.
(e) Front Yard Setback. 20 feet or 15 feet if the
average setback of adjacent dwelling(s) is 15 feet or less. A
one-story, covered or uncovered porch, open on 3 sides may
encroach 6 feet into a front yard with a 20 feet setback, if the
roof does not exceed a height of 14 feet and the porch width does
not exceed 40% of the building width at the front of the
building.
(f) Rear Yard Setback. 15 feet.
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.
.
(g) Side Yard Setback.
(1) The side yard setback for that portion of a
building with a secondary window, blank wall, or primary window
on a side yard facing the street (i.e., on a corner lot) shall be
determined in accordance with the following formula, subject to
the exceptions set forth below:
5' + (stories x lot width)
50'
(a) On lots of less than 50 feet in width, the
side yard shall be 10% of the parcel width but not less than 4
feet.
(b) On corner lots 50 feet or greater in width,
the side yard setback facing a street shall be a minimum of 10
feet. Covered or uncovered stairways or porches not exceeding
35% of the building frontage on the side street may encroach 5
feet into the required side yard.
(2) The side yard setback for that portion of a
building with a primary window shall be as follows:
(a) For lots less than 50 feet in width, a
minimum setback of 8 feet shall be provided, as long as at all
times a 12 foot separation exists between the primary window and
any adjacent structures;
(b) For lots 50 feet or greater in width, a
minimum setback of 12 feet shall be provided.
(3) The second floor sideyard setback above a primary
window shall not project more than 2 feet into the required side
yard setback.
(h) Buildinq Spacinq. Buildings that face each ot~e~ on
the same lot shall be separated by the following m1n1mum
distances: 15 feet if one building has primary windows facing
the other; 25 feet when the windows of primary spaces in both
buildings face each other on the ground or second level, except
15 feet when they are visually separated by a solid wall or
opaque fence over 5 feet 6 inches in height i 10 feet when
secondary windows face each other or when a secondary window
faces a blank wall.
(i) Landscapinq. All areas not covered by buildings,
driveways, and sidewalks are to be covered by appropriate
landscaping. All new construction that requires issuance of a
building permit shall be subject to the provisions of subchapter
5B of this Article.
(j) Development Review. A Development Review Permit is
required for any development of more than 15,000 square feet of
floor area.
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e
.
Section 9036.7. 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 5 of this Article.
SECTION 5. Subchapter 4X, sections 9037.1 through 9037.7, is
added to the Municipal Code to read as follows:
Subchapter 4X.
District.
OP-2 Ocean Park Low Multiple Residential
section 9037.1. Purpose. The OP-2 District is intended
to provide a low density multiple family residential neighborhood
(to 22 dwelling units per gross residential acre) free of
disturbing noises, excessive traffic, and hazards created by
moving automobiles. The OP-2 district is designed to prevent
burden on the public facilities, including sewer, water,
electricity and schools by an influx and increase of people to
the degree larger than the City's geographic limits, tax base or
financial capabilities can reasonably and responsibly
accommodate. The OP-2 district affords protection from
deleterious environmental effects and serves to maintain and
protect the existing character and state of the residential
neighborhood.
Section 9037.2. Permitted Uses. The following uses shall
be permitted in the OP-2 District:
(a) Hospice facilities.
(b) MUlti-family dwelling units.
(c) One-story Accessory buildings and structures up to 14
feet in height.
Cd) Public parks and playgrounds.
(e) Single family dwellings placed on a permanent
foundation (including manufactured housing).
(f) Small family day care homes.
(g) Yard sales, limited to two per calendar year, for
each dwelling unit, for a maximum of two days.
Section 9037.3. Uses Subiect to Performance Standards
Permit. The following uses may be permitted in the OP-2 District
subject to the approval of a Performance Standards Permit:
(a) Large family day care homes.
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.
.
(b) Private tennis courts.
(c) senior group housing.
Section 9037.4. Conditionally Permitted Uses. The
following uses may be permitted in the OP-2 District subject to
the approval of a Conditional Use Permit:
(a) Bed and breakfast facilities.
(b) Boarding houses.
(c) Child day care centers.
(d) Community care facilities
(e) Libraries.
(f) Neighborhood grocery stores.
(g) Offices and meeting rooms for charitable, youth, and
welfare organizations.
(h) One-story accessory buildings over 14 feet in height
or two story accessory buildings up to a maximum height of 24
feet.
(i) Places of worship.
(j) Residential care facilities.
(k) Rest homes.
(I) Schools.
em) Underground parking structures provided the lot was
occupied by a surface parking lot at the time of adoption of this
Chapter, the lot is not adjacent to a lot in the C2 District, the
ground level above the underground parking structure is used for
residential or pUblic park and open space uses, the structure is
associated with an adjacent commercially zoned lot, and the
vehicle access to the underground parking is from the
commercially zoned lot and as far from the residentially zoned
lot as is reasonably possible.
section 9037.5.
Prohibited Uses:
(a) Rooftop parking.
(b) Any use not specifically authorized.
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.
section 9037.6. Property Development Standards. All
property in the OP-2 District shall be developed in accordance
with the following standards:
(a) Maximum Buildinq Height. Two stories, not to exceed
23 feet for a flat roof, or 30 feet for a pitched roof. A
pitched roof is defined as a roof with at least two sides having
no less than one foot of vertical rise for every three feet of
horizontal run.
(b) Maximum Unit Density. One dwelling unit for each
2,000 square feet of lot area. An additional unit shall be
allowed if excess lot area equals or exceeds 1,000 square feet,
after calculating the allowed number of units at 2,000 square
feet of lot area per unit.
The density on lots consolidated after the effective date
of this Chapter with a total square footage greater than 10,000
square feet or exceeding a combined street frontage of 100 feet
shall be one dwelling unit for each 2,500 square feet of combined
lot area, except where 100% of the proposed units are deed
restricted for very low, low, middle, and/or moderate income
housing, in which case the density shall be one unit for each
2,000 square feet of lot area.
No more than one dwelling unit shall be permitted on a lot
4,000 square feet or less in size.
(c) Maximum Lot coveraqe. 50% for lots 4,001 square feet
and larger. 60% for development projects which comply with the
density bonus provisions of section 9047.3.
(d) Minimum Lot Size. 5,000 square feet. Each lot shall
contain a minimum depth of 100 feet and a minimum width of 50
feet, except that lots existing on the effective date of this
Chapter shall not be subject to this requirement.
(e) Front Yard Setback. 20 feet or l5 feet if the
average setback of adjacent dwelling(s} is 15 feet or less. A
one-story, covered or uncovered porch, open on 3 sides may
encroach 6 feet into a front yard with a 20 feet setback, if the
roof does not exceed a height of 14 feet and the porch width does
not exceed 40% of the building width at the front of the
building.
(f) Rear Yard Setback. 15 feet.
(g) Side Yard Setback.
(1) The side yard setback for that portion of a
building with a secondary window, blank wall, or primary window
on a side yard facing the street (i.e., on a corner lot) shall be
determined in accordance with the following formula, subject to
the exceptions set forth below:
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.
5' + (stories x lot width)
50'
(a) On lots of less than 50 feet in width, the
side yard shall be 10% of the parcel width but not less than 4
feet.
(b) On corner lots 50 feet or greater in width,
the side yard setback facing a street shall be a minimum of 10
feet. Covered or uncovered stairways or porches not exceeding
35% of the building frontage on the side street may encroach 5
feet into the required side yard.
(2) The side yard setback for that portion of a
building with a primary window shall be as follows:
(a) For lots less than 50 feet in width, a
minimum setback of 8 feet shall be provided, as long as at all
times a 12 foot separation exists between the primary window and
any adjacent structures;
(b) For lots 50 feet or greater in width, a
minimum setback of 12 feet shall be provided.
(3) The second floor sideyard setback above a primary
window shall not project more than 2 feet into the required side
yard setback.
(h) Buildinq spacinq. Buildings that face each ot~e~ on
the same lot shall be separated by the following mlnlmum
distances: 15 feet if one building has primary windows facing
the other; 25 feet when the windows of primary spaces in both
buildings face each other on the ground or second level, except
15 feet when they are visually separated by a solid wall or
opaque fence over 5 feet six inches in height; 10 feet when
secondary windows face each other or when a secondary window
faces a blank wall.
(i) Landscapinq. All areas not covered by buildings,
driveways, and sidewalks are to be covered by appropriate
landscaping. All new construction that requires issuance of a
building permit shall be subject to the provisions of subchapter
5B of this Article.
(j) Usable Private Open Space. All ground-level units
shall have the following minimum amounts of usable private open
space per unit: 100 square feet for projects consisting of at
least 2 but not more than 7 dwelling units, and 50 square feet
for projects of 8 units or more. Private open space shall
include a deck, yard, patio or combination thereof, which is
adjacent to, accessible from, and at the same or approximate
elevation as one or more primary spaces. The minimum dimension
of at least one such private open space shall be no less than 7
feet in any dimension. Private open space shall be screened from
common open space, driveways and adjacent properties by a
substantially opaque wallar fence a minimum of 3 feet 6 inches
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.
and a maximum of 6 feet in height, except in the front yard
setback area.
Required private open space may be reduced by one square
foot for each additional square foot of common open space added
but in no case leaving less than 50 feet of required private
space.
All second floor units shall have a balcony or deck of 50
square feet or more, with a minimum dimension of no less than 7
feet in any dimension, which is adjacent to, accessible from, and
at the same or approximate elevation as one or more primary
spaces of the unit to be served. Roof decks do not meet this
requirement. The railing of the balcony or deck shall be
substantially opaque to protect the privacy of occupants.
First floor private open space may project into the entire
width of the side yard, and 10 feet into the required depth of
the rear yard. Private open space may project 6 feet into the
required front yard as long as its width does not exceed 30% of
the building width at the front of the building.
(k) Usable Common Open Space. Projects of four or more
uni ts shall include a minimum of 100 square feet per unit of
usable common open space, accessible and available to all project
residents for outdoor activities. Courtyards, entry areas for
two or more units, lawns and play spaces which are physically
separated from private open space, and active recreation spaces
such as swimming pools and sports courts, shall count toward
fulfillment of this requirement. The rear yard may count toward
fulfillment of the common open space requirement, provided it is
usable and accessible. Side yards and portions of driveways
which are decorated or interspersed with lawn or other acceptable
groundcover may meet a portion of the requirement, subj ect to
archi tectural review, pursuant to Subchapter 5. The minimum
dimension of at least one area of common open space shall be 10
feet in any direction.
Any practical combination of lawn, paving, decking,
concrete or other serviceable dust-free material shall be used to
surface common open space areas, with a slope of not more than
5%. A minimum of thirty percent (30t) of the common open space
area shall include lawn or other acceptable groundcover.
Required open space may not include public or private
streets, driveways, or utility easements where the ground surface
cannot be used appropriately for open space or front yards.
Required common open space may be reduced by one square
foot for each additional square foot of private open space added
beyond the required private open space.
(I) Development Review. A Development Review Permit is
required for any development of more than 15,000 square feet of
floor area.
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.
section 9037.7. 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 subchapter 5B of this Article.
SECTION 6. Subchapter 4Y, Sections 9038.1 through 9038.7, is
added to the Municipal Code to read as follows:
subchapter 4Y. OP-3 Ocean Park Medium Multiple Residential
District
section 9038.1. Purpose. The OP-3 District is intended
to provide a medium density multiple family residential
neighborhood (to 29 dwelling units per gross residential acre)
free of disturbing noises, excessive traffic, and hazards created
by moving automobiles. The OP-3 district is designed to prevent
burden on the public facilities, including sewer, water,
electricity and schools by an influx and increase of people to
the degree larger than the City's geographic limits, tax base or
financial capabilities can reasonably and responsibly
accommodate. The OP-3 district affords protection from
deleterious environmental effects and serves to maintain and
protect the existing character and state of the residential
neighborhood.
Section 9038.2. Permitted Uses. The following uses shall
be permitted in the OP-3 District:
(a) Hospice facilities.
(b) Multi-family dwelling units.
(c) One-story Accessory buildings and structures up to 14
feet in height.
(d) Public parks and playgrounds.
(e) Residential care facilities.
(f) Single family dwellings placed on a permanent
foundation (including Manufactured housing).
(g) Small family day care homes.
(h) Yard sales, limited to two per calendar year, for
each dwelling unit, for a maximum of two days.
section 9038.3. Uses subiect to Performance Standards
Permit. The following uses may be permitted in the OP-3 District
subject to the approval of a Performance Standards Permit:
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.
(a) Large family day care homes.
(b) One-story accessory living quarters, up to 14 feet in
height, on a lot having a minimum area of 10,000 square feet.
(c) Private tennis courts.
(d) Senior group housing.
Section 9038.4. conditionally Permitted Uses. The
following uses may be permitted in the OP-3 District subject to
the approval of a Conditional Use Permit:
(a) Bed and breakfast facilities.
(b) Boarding houses.
(c) Child day care centers.
(d) Community care facilities.
(e) Places of Worship.
(f) Neighborhood grocery stores.
(g) Offices and meeting rooms for charitable, youth, and
welfare organizations.
(h) One-story accessory buildings over 14 feet in height
or two story accessory buildings up to a maximum height of 24
feet.
(i) Residential care facilities.
(j) Rest homes.
(k) Schools.
(I) Underground parking structures provided the lot was
occupied by a surface parking lot at the time of adoption of this
Chapter, the lot is not adjacent to a lot in the C2 District, the
ground level above the underground parking structure is used for
residential or public park and open space uses, the structure is
associated with an adjacent commercially zoned lot, and the
vehicle access to the underground parking is from the
commercially zoned lot and as far from the residentially zoned
lot as is reasonably possible.
section 9038.5.
Prohibited Uses:
(a) Rooftop parking.
(b) Any use not specifically authorized.
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.
Section 9038.6. Property Development standards. All
property on the OP-3 District shall be developed in accordance
with the flolowing standards:
(a) Maximum Buildinq Heiqht. Two stories, not to exceed
23 for a flat roof, or 30 feet for a pitched roof. A pitched
roof is defined as a roof with at least two sides having no less
than one foot of vertical rise for every three feet of horizontal
run.
(b) Maximum Unit Density. One dwelling unit for each
1,500 square feet of lot area. An addi tional unit shall be
allowed if excess lot area equals or exceeds 750 square feet,
after calculating the allowed number of units at 1,500 square
feet of lot area per unit.
The density on lots consolidated after the effective date
of this Chapter with a total square footage greater than 15,000
square feet or exceeding a combined street frontage of 150 feet
shall be one dwelling unit for each 2,000 square feet of combined
lot area, except where 100% of the proposed units are deed
restricted for very low, low, middle, and/or moderate income
housing, in which case the density shall be one unit for each
1,500 square feet of lot area.
No more than one dwelling unit shall be permitted on a lot
4,000 square feet or less in size.
(c) Maximum Lot Coveraqe. 50% for lots 4,001 square feet
and larger. 60% for development projects of 6 units or more
which comply with the density bonus provisions of section 9047.3.
(d) Minimum Lot Size. 5,000 square feet. Each lot shall
contain a minimum depth of 100 feet and a minimum width of 50
feet, except that lots existing on the effective date of this
Chapter shall not be subject to this requirement.
(e) Front Yard Setback. 20 feet or 15 feet if the average
setback of adjacent dwelling(s) is 15 feet or less. A one-story,
covered or uncovered porch open on three sides may encroach 6
feet into a front yard with a 20 feet setback, if the roof does
not exceed a height of 14 feet and the porch width does not
exceed 40% of the building width at the front of the building.
(f) Rear Yard Setback. 15 feet.
(g) Side Yard Setback.
(1) The side yard setback for that portion of a
building with a secondary window, blank wall, or primary window
on a side yard facing the street (i.e., on a corner lot) shall be
determined in accordance with the following formula, subject to
the exceptions set forth below:
5' + (stories x lot width)
50'
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.
(a) On lots of less than 50 feet in width, the
side yard shall be lOt of the parcel width but not less than 4
feet.
(b) On corner lots 50 feet or greater in width,
the side yard setback facing a street shall be a minimum of 10
feet. Covered or uncovered stairways or porches not exceeding
35% of the building frontage on the side street may encroach 5
feet into the required side yard.
(2) The side yard setback for that portion of a
building with a primary window shall be as follows:
(a) For lots less than 50 feet in width, a
minimum setback of 8 feet shall be provided, as long as at all
times a 12 foot separation exists between the primary window and
any adjacent structures;
(b) For lots 50 feet or greater in width, a
minimum setback of 12 feet shall be provided.
(3) The second floor sideyard setback above a primary
window shall not project more than 2 feet into the required side
yard setback.
(h) Buildinq Spacinq. Buildings that face each other on
the same lot shall be separated by the following mlnlmum
distances: 15 feet if one building has primary windows facing
the other; 25 feet when the windows of primary spaces in both
buildings face each other on the ground or second level, except
15 feet when they are visually separated by a solid wall or
opaque fence over 5 feet six inches in height; 10 feet when
secondary windows face each other or when a secondary window
faces a blank wall.
(i) Landscaping. All areas not covered by buildings,
driveways, and sidewalks are to be covered by appropriate
landscaping. All new construction that requires issuance of a
building permit shall be subject to the provisions of subchapter
5B of this Article.
(j) Usable Private Open Space. All ground-level units
shall have the following minimum amounts of usable private open
space per unit: 100 square feet for projects consisting of at
least 2 but not more than 7 dwelling units, and 50 square feet
for projects of B units or more. Private open space shall
include a deck, yard, patio or combination thereof, which is
adjacent to, accessible from, and at the same or approximate
elevation as one or more primary spaces. The minimum dimension
of at least one such private open space shall be no less than 7
feet in any dimension. Private open space shall be screened from
common open space, driveways and adjacent properties by a
substantially opaque wall or fence a minimum of 3 feet 6 inches
and a maximum of 6 feet in height, except in the front yard
setback area.
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.
Required private open space may be reduced by one square
foot for each additional square foot of common open space added
but in no case leaving less than 50 feet of required private
space.
All second floor units shall have a balcony or deck of 50
square feet or more, with a minimum dimension of no less than 7
feet in any dimension, which is adjacent to, accessible from, and
at the same or approximate elevation as one or more primary
spaces of the unit to be served. Roof decks do not meet this
requirement. The railing of the balcony or deck shall be
substantially opaque to protect the privacy of occupants.
First floor private open space may project into the entire
width of the side yard, and lO feet into the required depth of
the rear yard. Private open space may project 6 feet into the
required front yard as long as its width does not exceed 30% of
the building width at the front of the building.
(k) Usable Common Open Space. Projects of four or more
units shall include a minimum of lOO square feet per unit of
usable common open space, accessible and available to all project
residents for outdoor activities. Courtyards, entry areas for
two or more units, lawns and play spaces which are physically
separated from private open space, and active recreation spaces
such as swimming pools and sports courts, shall count toward
fulfillment of this requirement. The rear yard may count toward
fulfillment of the common open space requirement, provided it is
usable and accessible. Side yards and portions of driveways
which are decorated or interspersed with lawn or other acceptable
ground cover may meet a portion of the requirement, subject to
archi tectural review, pursuant to Subchapter 5. The minimum
dimension of at least one such space shall be 10 feet in any
direction.
Any practical combination of lawn, paving, decking,
concrete or other serviceable dust-free material shall be used to
surface common open space areas, with a slope of not more than
5%. A minimum of thirty percent (30%) of the common open space
area shall include lawn or other acceptable groundcover.
Required open space may not include public or private
streets, driveways, or utility easements where the ground surface
cannot be used appropriately for open space or front yards.
Required common open space may be reduced by one square
foot for each additional square foot of private open space added
beyond the required private open space.
(1) Development Review. A Development Review Permit is
required for any development of more than 15,000 square feet of
floor area.
Section 9038.7. Architectural Review. All new
construction, new additions to existing buildings, and any other
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.
exterior improvements that require issuance of a building permit
shall be subject to architectural review pursuant to the
provisions of Chapter 5 of this Article.
SECTION 7. Subchapter 4Z, Sections 9039.1 through 9039.7, is
added to the Municipal Code to read as follows:
Subchapter 4Z. OP-4 Ocean Park Hiqh Multiple Residential
District.
Section 9039.1. Purpose. The OP-4 District is intended
to provide a medium density multiple family residential
neighborhood (to 35 dwelling units per gross residential acre)
free of disturbing noises, excessive traffic, and hazards created
by moving automobiles. The OP-4 district is designed to prevent
burden on the public facilities, including sewer, water,
electricity and schools by an influx and increase of people to
the degree larger than the City'S geographic limits, tax base or
financial capabilities can reasonably and responsibly
accommodate. The OP-4 district affords protection from
deleterious environmental effects and serves to maintain and
protect the existing character and state of the residential
neighborhood.
Section 9039.2. Permitted Uses. The following uses shall
be permitted in the OP-4 District:
(a) Hospice facilities.
(b) Multi-family dwelling units.
(c) One-story Accessory buildings and structures up to l4
feet in height.
(d) Public parks and playgrounds.
(e) Single family dwellings placed on a permanent
foundation (including Manufactured housing).
(f) Small family day care homes.
(g) Yard sales, limited to two per calendar year, for
each dwelling unit, for a maximum of two days.
Section 9039.3. Uses Subject to Performance Standards
Permit. The following uses may be permitted in the OP-4 District
subject to the approval of a Performance Standards Permit:
(a) Large family day care homes.
(b) One-story accessory living quarters, up to 14 feet in
height, on a lot having a minimum area of 10,000 square feet.
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.
.
(c) Private tennis courts.
(d) Senior group housing.
Section 9039.4. Conditionally Permitted Uses. The
fOllowing uses may be permitted in the OP-4 District SUbject to
the approval of a Conditional Use Permit:
(a) Bed and breakfast facilities.
(b) Boarding houses.
(c) Child day care centers.
(d) Clubs or lodges.
(e) Community care facilities.
(f) Libraries.
(g) Municipal parking structures.
(h) Neighborhood grocery stores.
(i) Offices and meeting rooms for charitable, youth, and
welfare organizations.
(j) One-story accessory buildings over 14 feet in height
or two story accessory buildings up to a maximum height of 24
feet.
(k) Places of worship.
(1) Residential care facilities.
(m) Rest homes.
(n) Schools.
(0) Shelters for the homeless.
(p) Underground parking structures provided the lot was
occupied by a surface parking lot at the time of adoption of this
Chapter, the lot is not adjacent to a lot in the C2 District, the
ground level above the underground parking structure is used for
residential or public park and open space uses, the structure is
associated with an adjacent commercially zoned lot, and the
vehicle access to the underground parking is from the
commercially zoned lot and as far from the residentially zoned
lot as is reasonably possible.
Section 9039.5.
Prohibited Uses:
(a) Rooftop parking.
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.
(b) Any use not specifically authorized.
Section 9039.6. Property Development Standards. All
property on the OP-4 Ocean Park High Multiple Residential
District shall be developed in accordance with the following
standards:
(a) Maximum Buildinq Heiqht. 3 stories, not to exceed 35
feet as measured from theoretical grade.
(b) Maximum Unit Density. One dwelling unit for each
1,250 square feet of lot area. An additional unit shall be
allowed if excess lot area equals or exceeds 625 square feet,
after calculating the allowed number of units at 1,250 square
feet of lot area per unit.
(c) Maximum Lot Caveraqe. 50% for lots 4,001 square feet
and larger. 60% for development projects which comply with the
density bonus provisions af section 9047.3.
(d) Minimum Lot size. 5,000 square feet. Each lot shall
contain a minimum depth of 100 feet and a minimum width of 50
feet, except that lots existing on the effective date of this
Chapter shall not be subject to this requirement.
(e) Front Yard Setback. 15 feet minimum, or 10 feet
minimum if the average setback of adjacent dwelling(s} is 10 feet
or less. An open one-story, covered or uncovered porch open on
three sides may encroach 6 feet into a front yard with a 15 foot
setback, if the roof does not exceed a height of 14 feet and the
porch width does not exceed 40% of the building width at the
front of the building.
(f) Rear Yard Setback. l5 feet.
(g) Side Yard Setback.
(l) The side yard setback for that portion of a
building with a secondary window, blank wall, or primary window
on a side yard facing the street (i.e., on a corner lot) shall be
determined in accordance with the following formula, subject to
the exceptions set forth below:
5' + (stories x lot width)
50'
(a) On lots of less than 50 feet in width, the
side yard shall be 10% of the parcel width but not less than 4
feet.
(b) On corner lots 50 feet or greater in width,
the side yard setback facing a street shall be a minimum of 10
feet. Covered or uncovered stairways or porches not exceeding
35% of the building frontage on the side street may encroach 5
feet into the required side yard.
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.
(2) The side yard setback for that portion of a
building with a primary window shall be as follows:
(a) For lots less than 50 feet in width, a
minimum setback of 8 feet shall be provided, as long as at all
times a 12 foot separation exists between the primary window and
any adjacent structures;
(b) For lots 50 feet or greater in width, a
minimum setback of 12 feet shall be provided.
(3) The second floor sideyard setback above a primary
window shall not project more than 2 feet into the required side
yard setback.
(h) Buildinq Spacinq. Buildings that face each ot~e~ on
the same lot shall be separated by the following m1n1rnum
distances: 15 feet if one building has primary windows facing
the other; 25 feet when the windows of primary spaces in both
buildings face each other on the ground or second level, except
15 feet when they are visually separated by a solid wall or
opaque fence over 5 feet six inches in height: 10 feet when
secondary windows face each other or when a secondary window
faces a blank wall.
(i) Landscapinq. All areas not covered by buildings,
driveways, and sidewalks are to be covered by appropriate
landscaping. All new construction that requires issuance of a
building permit shall be SUbject to the provisions of subchapter
5B of this Article.
(j) Usable Private Open Space. All ground-level units
shall have the following minimum amounts of usable private open
space per unit: 100 square feet for projects consisting of at
least 2 but not more than 7 dwelling units, and 50 square feet
for projects of 8 units or more. Private open space shall
include a deck, yard, patio or combination thereof, which is
adj acent to, accessible from, and at the same or approximate
elevation as one or more primary spaces. The minimum dimension
of at least one such private open space shall be no less than 7
feet in any dimension. Private open space shall be screened from
common open space, driveways and adjacent properties by a
substantially opaque wall or fence a minimum of 3 feet 6 inches
and a maximum of 6 feet in height, except in the front yard
setback area.
Required private open space may be reduced by one square
foot for each additional square foot of common open space added
but in no case leaving less than 50 feet of required private
space.
All second floor units shall have a balcony or deck of 50
square feet or more, with a minimum dimension of no less than 7
feet in any dimension, which is adjacent to, accessible from, and
at the same or approximate elevation as one or more primary
spaces of the unit to be served. Roof decks do not meet this
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.
requirement. The railing of the balcony or deck shall be
substantially opaque to protect the privacy of occupants.
First floor private open space may project into the entire
width of the side yard, and 10 feet into the required depth of
the rear yard. Private open space may project 6 feet into the
required front yard as long as its width does not exceed 30% of
the building width at the front of the building.
(k) Usable Common Open Space. Projects of four or more
units shall include a minimum of 100 square feet per unit of
usable common open space, accessible and available to all project
residents for outdoor activities. Courtyards, entry areas for
two or more units, lawns and play spaces which are physically
separated from private open space, and active recreation spaces
such as swimming pools and sports courts, shall count toward
fulfillment of this requirement. The rear yard may count toward
fulfillment of the common open space requirement, provided it is
usable and accessible. Side yards and portions of driveways
which are decorated or interspersed with lawn or other acceptable
groundcover may meet a portion of the requirement, subj ect to
architectural review, pursuant to Subchapter 5. The minimum
dimension of at least one such space shall be 10 feet in any
direction.
Any practical combination of lawn, paving, decking,
concrete or other serviceable dust-free material shall be used to
surface common open space areas, with a slope of not more than
5%. A minimum of thirty percent (30t) of the common open space
area shall include lawn or other acceptable groundcover.
Required open space may not include public or private
streets, driveways, or utility easements where the ground surface
cannot be used appropriately for open space or front yards.
Required common open space may be reduced by one square
foot for each additional square foot of private open space added
beyond the required private open space.
(l) Development Review. A Development Review Permit is
required for any development of more than 15,000 square feet of
floor area.
section 9039.7. 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 subchapter 5B of this Article.
SECTION 8. Santa Monica Municipal Code 9040.3 is amended to
read as follows:
Section 9040.3. Buildinq Heiqht and Exceptions to Heiqht
Limit.
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.
(a) The maximum allowable height shall be measured
vertically from the average natural grade elevation to the
highest point of the roof. However, in connection with
development projects in the Ocean Park Districts, building height
shall be measured vertically from the theoretical grade to the
highest point of the roof.
(b) The following shall be permitted to exceed the height
limit in all zoning districts except the R1 District:
(I) Vents, stacks, ducts, skylights and steeples
provided such projections do not extend more than 5 feet above
the permitted height in the District.
(2) Legally required parapets, fire separation walls,
and open work safety guard rails that do not exceed 42 inches in
height.
(3) Elevator shafts, stairwells, or mechanical room
enclosures above the roofline if:
a. The enclosure is used exclusively for
housing the elevator, mechanical equipment, or stairs.
b. The elevator shaft does not exceed 14 feet
in height above the roofline and the stairwell enclosure does not
exceed 14 feet in height above the height permitted in the
district.
c. The area of all enclosures and other
structures identified in 9040.3(b) (1) that extend above the
roofline shall not exceed 25% of the roof area.
d. The mechanical equipment is screened in
conformance with Section 9040.14.
e. The mechanical equipment enclosure does not
exceed 12 feet in height above the height permitted in the
district.
(4) The screening required pursuant to the provisions
of Section 9040.14 of tanks, ventilating fans, or other
mechanical equipment required to operate and maintain the
building provided the total area enclosed by all screening does
not exceed 30% of the roof area.
(5) In all districts, chimneys may extend no more
than tive feet above the permitted height in the district.
SECTION 9. Santa Monica Municipal Code Section 9040.10 is
amended to read as follows:
Section 9040. 10 . One-Story Accessory Buildinq ( l4 Feet
Maximum Heiqht). No accessory building in a residential district
shall be erected, structurally altered, converted, enlarged,
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.
moved, or maintained unless such accessory building is located on
the lot in conformance with the following regulations. Accessory
bui ldings shall include greenhouses, storage sheds, workshops,
garages, and other structures that are detached from the main
building.
Ca} The accessory building shall be located on the rear
half of the lot and shall not extend into the required side
yards.
(b) The accessory building may be located in a required
rear yard, but shall be at least 5 feet from any lot line. A
garage or garage portion of an accessory building may extend up
to one interior side property line on the rear 35 feet of a lot.
A garage or garage portion of an accessory building may extend to
the rear property line abutting an alley provided vehicle access
is not taken from the alley.
(c) The accessory building shall be located not less than
15 feet from the center line of a rear alley.
(d) On a reversed corner lot, the accessory building shall
not be located nearer to the street side lot line of such corner
lot than one-half of the front yard depth required on the key
lot, nor be located nearer than five feet to the side lot line of
any key lot.
(e) Any accessory building on a through lot shall not
project into any front yard and shall not be located in any
required side yard.
(f) Where the elevation of the ground at a point 50 feet
from the front lot line of a lot and midway between the side lot
lines differs 12 feet or more for the curb level, a private
garage, not exceeding one-story nor l4 feet in height, may be
located within the required front yard, provided every portion of
the garage building is at least five feet from the front property
line and does not occupy more than 50% of the width of the front
yard.
In all OP-Districts, a garage or garage entrance on a lot
wi th a theoretical grade change of 10 feet or more may be set
back a distance equal to the average garage setback of adjacent
garage(s} but not less than five (5) feet, when the garage width
does not exceed 20 feet and the height does not exceed eleven
(ll) feet for a flat roof and fourteen (14) feet for a pitched
roof.
(g) Accessory living quarters shall be permitted only on
R1 lots of 10,000 square feet or more pursuant to the provisions
of section 9050.8. No kitchen or full bath containing a shower
or tub enclosure shall be permitted. However, if there is a
swimming pool or spa located on the premises, a shower which is
outside or which is accessed only from the outside may be
permitted.
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.
(h) No accessory building, including accessory living
quarters, shall have kitchen facilities or be rented or otherwise
used as a separate dwelling.
SECTION 10. Santa Monica Municipal Code Section 9040.17 is
amended to read as follows:
Section 9040.17. Unexcavated Area in side Yards. On any
lot in the R2, R3, R4, RVC, and BCD Districts, or any commercial
or industrial lot which directly abuts a residentially zoned lot
not used for commercial parking purposes, having a width of 50
feet or greater, there shall be provided and maintained an
unexcavated area equal to 4 feet in width along the entire length
of at least one of the side property lines and for lots in excess
of 70 feet in width, the unexcavated area shall be provided and
maintained along the entire length of both side property lines.
Subterranean, semi-subterranean parking structures, basements,
and other subterranean facilities may not project into any
portion of the required unexcavated area. At least 50% of the
surface area of the un excavated area shall be landscaped pursuant
to the provisions of Subchapter 5B.
On any lot in an OP-District that has a width of less than
fifty (50) feet, and which is developed with at least three (3)
units, no side yard setback for subterranean or semi-subterranean
parking structures or basements is required. However, at least
fifty percent (50%) of the excavated area shall be landscaped
with appropriate groundcover and plant materials in containers.
SECTION 11. Santa Monica Municipal Code Section 9040.18 is
amended to read as follows:
Section 9040.18. Proiections Permitted into Required Yards.
The following chart sets forth the allowances for various
proj ections permitted into the required yards in residential,
industrial, and commercial districts. projections shall not be
permitted closer than 4 feet to any property line. Projections
as listed below into existing, non-conforming yard areas shall be
permitted only if the projection does not extend closer to the
property line than would be permitted if the yard area conformed
to current standards. The various types of projections and the
limitations on such projections into required yards are as
follows:
Projections
Front
Yard
Street Interior
Side Yard side Yard
Rear
Yard
Eaves, awnings,
canopies, sun shades,
sills, cornices, belt
courses, trellises,
arbors, and other
30"
30" 18"
4'
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.
similar architectural
features
Flues, chimneys,
water heater
enclosures, and
similar vertical
architectural
projections not more
than 5' wide
parallel to the
side yard and that
do not exceed 20% of the
facade width
Patios, porches, 6'
platforms, decks,
unexcavated side yard
area, and other
unenclosed areas not
covered by a roof or
canopy and that may be
raised above the level of
the adjacent grade but
do not extend more than
3' above the average
natural grade
Balconies, and
stairways that are
open, unenclosed on
at least two sides
Greenhouse windows
and bay windows
that are not greater
than 6' wide parallel
to the side yard
Required fire
escapes
Porte cochere not
more than 20' long
and open on three
sides except for
necessary structural
supports and not more
than 16 feet in height.
.
18" 18" 18" 18"
For structures with conforming setbacks
12" 1211 12 II 12 "
For structures with non-conforming
setbacks
6'
No Limit
6'
30"
3011
0'
4'
18" 18" 18" 18"
Provided the structure has a conforming
setback
Not permitted
12" or 2" 4 '
per l' of
required
side yard
whichever is
greater
Not permitted in front yard.
Permitted in side and rear yard.
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.
Mail box canopy
not more than
10' long.
Recreational vehicle
storage,
central air
conditioning,
swimming pool,
spa equipment.
Second floor decks,
patios or balconies,
covered or uncovered,
adjacent to primary
living spaces in oP-
Districts.
.
30n
30"
4'
30"
Not permitted in front or side
yard areas. Permitted anywhere
in rear yard area.
3011
30"
4'
30"
SECTION 12. Section 9040.41 is added to the Municipal Code
to read as follows:
section 9040. 41. Roo f Decks in the oP- Distr icts. In the
OP-Districts, the handrail surrounding a roof deck shall be set
back from the side yard a minimum of 8 feet.
SECTION 13. Santa Monica Municipal Code Section 9041.2 is
amended to read as follows:
section 9041.2 Applicability. In all districts except the
R1 and R2R residential districts, but including the RlA lots
developed for parking uses, no building, structure, parking lot,
storage yard, or other site improvements shall be erected,
constructed, converted, established, altered, remodeled,
enlarged, or otherwise modified, nor shall any lot or premises be
used or occupied until such time as the premises are suitably
landscaped in accordance with this subchapter. In the RIA,
OP-IA, OP-2A, OP-3A, and OP-4A Districts, lots developed for
parking uses, prior to issuance of a building permit, landscaping
and irrigation plans shall be submitted to the Architectural
Review Board for review and approval in a manner prescribed by
the Zoning Administrator. An existing building non-conforming as
to site landscape standards may be modified without complying
with these standards provided that the building is not
substantially remodeled.
SECTION 14. Santa Monica Municipal Code Section 9041.6 is
amended to read as follows:
Section 9041.6.
Sites.
Required Landscape Area for Building
(a)
districts,
In all residential districts, including the Rl and R2R
but excluding the OP-l, OP-Duplex, OP-2, OP-3, and
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.
OP-4 Districts, a ml.nl.mum of 50% of the required front yard
setback shall be landscaped. In OP-I, OP-2, OP-3, and OP-4
Districts, all areas not covered by sidewalks, driveways,
porches, garages, or buildings, shall be treated as landscaped
area, as defined in this Chapter.
(b) In all commercial districts, all new construction or
substantial remodel ing of the existing improvements on the lot
shall provide and maintain a landscaped area averaging at least
10 feet, but at no point less than 5 feet, adjacent to and
visible from all public street rights-of-way.
(c) For all new construction or major remodeling in the C5
Special Official District, a landscaped area at least 15 feet
wide shall be provided and maintained immediately adjacent to all
property lines adjacent to streets or rights-of-way except in
required driveway or other access areas.
SECTION 15. Santa Monica Municipal Code Section 9044.l0 is
amended to read as follows:
Section 9044.10. Driveways.
(a) For purposes of this Section:
(1) A driveway is defined as an access drive leading
from a public street or right-of-way to a parking area, or from
one parking area to another, but not including any ramp, aisle,
maneuvering area or driveway approach.
(2) A single vehicle in either direction, and a
double driveway is a driveway designed to accommodate two
vehicles at the same time in opposite directions.
(3) A ramp is defined as an access driveway leading
from one parking level to another.
(b) Driveways in the RI Single Family District and the
OP-l Single Family District shall not be less than 10 feet in
width. The driveway width shall be maintained free and clear of
all obstructions.
(c) In the R2, R3, R4, RVC, OP-l, OP-Duplex, OP-2, OP-3,
OP-4, and MXD Districts, driveways shall conform to the
following standards:
Single Driveway
Double Driveway
10 foot minimum
20 foot minimum
The minimum number and type of driveways required to be provided
shall be determined based on the number of parking spaces
contained in any given parking area according to the following
standard:
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.
1 to 20 spaces
2l to 40 spaces
41 to 80 spaces
81 spaces and over
.
1 single driveway
1 double driveway
2 double driveways
number and type of
driveway to be approved
Traffic Engineer.
The driveway width shall be maintained free and clear of all
obstructions.
(d) In all commercial and industrial districts, driveways
shall conform to the following standards:
Single Driveway
Double Driveway
12 foot minimum
20 foot minimum
The minimum number and type of driveway required to be provided
shall be determined on the number of parking spaces contained in
any given parking area according to the following standard:
1 to 20 spaces
21 to 40 spaces
4l to 80 spaces
81 spaces and over
1 single driveway
1 double driveway
2 double driveways
number and type of
driveway to be approved
Traffic Engineer.
The driveway width shall be maintained free and clear of all
obstructions.
(e) In all districts, ramps with one-way traffic shall be
not less than 14 feet in width and ramps with two way traffic
shall be not less than 20 feet in width.
(f) In all districts where mature street trees exist, the
Zoning Administrator and the parking and Traffic Engineer may
reduce the driveway width as necessary and practical to preserve
the existing street trees.
SECTION l6. Section 9044.21 of the Santa Monica Municipal
Code is amended to read as follows:
Section 9044.21. Semi-Subterranean Parking structures. A
parking structure shall be considered to be semi-subterranean if
the structure is partially underground and if the finished floor
of the first level of the building or structure above the parking
structure does not exceed three feet above the average natural or
existing grade of the lot, except for openings for ingress and
egress. A semi-subterranean parking structure shall not be
counted as a floor or story for calculating building height. All
semi-subterranean parking structures shall be constructed and
maintained as follows:
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.
(a) All openings for ingress and egress facing the front
lot line shall be situated at or behind the front building line
of the main building, except for the OP-l, OP-Duplex, OP-2, OP-3,
and OP-4 Districts where front yard setback standards apply.
There shall be no more than two openings facing the front lot
line for each main building.
(b) On lots less
semi-subterranean parking
property lines.
than 50 feet in
structure may extend
width,
to both
the
side
(c) Exits from any semi-subterranean parking
shall provide sight distance which comply with
established by the Parking and Traffic Engineer.
structure
standards
SECTION 17. Subchapter 5H, sections 9047.1 through 9047.3,
is added to the Municipal Code to read as follows:
Subchapter 5H. Density Bonuses.
section 9047.1. Purpose. The city supports the
development of affordable housing in all multiple residential
districts, consistent with the purposes of those districts,
including prevention of traffic congestion and maintenance of the
existing character and state of neighborhoods. The standards
outlined in this subchapter are intended to allow for the
inclusion of affordable rental housing within market-rate
multiple family housing projects. Proposed projects may include
more units than allowed by right under each district's property
development standards, provided that all additional units are
made available to lower income households as required by this
subchapter.
Section 9047.2. Applicability. Residential density
bonuses for affordable housing may be awarded in all residential
districts, with the exception of the Rl, R-2R, OP-1 Single
Family, and OP-Duplex Districts.
section 9047.3. Ocean Park Density Bonuses. Density
bonuses may be awarded for affordable housing proj ects in the
following districts according to the following formulas:
OP-2 District Projects of 4 or more units may be
developed with up to 75% more units than allowed by the district
density standards when the additional density bonus units are
deed-restricted for low income households. Projects of 3 units
may receive a bonus of one unit when the additional density bonus
unit is deed-restricted for a middle income household. A density
bonus of 25% as mandated by the State of California is available
for projects of 5 or more units, which meet State requirements,
but do not meet the standards of this subsection.
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.
.
OP-3 and OP-4 Districts - Projects of 4 or more units may
be developed with 50% more units than allowed by the district
density standards when the additional density bonus units are
deed-restricted for low income households. proj ects of 3 or 4
units may receive a bonus of one unit when one unit is
deed-restricted for a middle income household. A density bonus
of 25% as mandated by the state of California is available for
projects of 5 or more units, which meet state requirements, but
do not meet the standards of this subsection.
In calculating density bonus units, all fractional units may
be rounded up to the next highest whole number of units.
SECTION 18. Santa Monica Municipal Code section 9113.3 is
amended to read as follows:
Section 9113.3. Applicability. The zoning Administrator
may grant a variance from the requirements of this Chapter to:
(a) Permit modification of the minimum lot sizes, mlnlmurn
lot dimensions, and lot coverage regulations as may be necessary
to secure an appropriate improvement on the lot.
(b) Permit the reduction of the automobile parking space
or loading space requirements.
(c) In residential districts, permit the addition or
enlargement of an existing building, non-conforming as to yard
setbacks on lots less than 5,000 square feet, provided that the
addition or enlargement does not exceed 25 per cent (25%) of the
floor area of the existing non-conforming building and provided
that it is not a second floor addition to a structure in the Rl
District.
(d) Permit the modification of fence heights in commercial
and residential districts.
(e) Permit the modification of yard setbacks on
irregularly shaped lots or lots where the elevation of the ground
at a point 50 feet from the front lot line of a lot and midway
between the side lot lines differs 12 1/2 feet or more from the
curb level.
(f) Permit the modification of the sideyard setback for
primary windows in the OP-2, OP-3, and OP-4 Districts when the
imposition of the required setback would severely constrain
development on the project, and an alternative setback would
still satisfy private open space requirements and maintain
privacy for the occupants of the project.
SECTION 19. Subchapter lOP, Sections 9151.1 through
9151.7, is added to the Municipal Code to read as follows:
Subchapter lOP. Yard Modification Permits.
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.
Section 915l.l. Purpose. A yard modification permit is
intended to permit a reduction in the minimum side yard, rear
yard, or building spacing, in order to accommodate housing
development on the rear portion of lots in the OP-2, OP-3, and
OP-4 zone districts where the front portion of the lot is
occupied by an existing single family dwelling. Retention of
existing single family dwellings is encouraged by allowing
variations in selected property development standards for new
dwellings.
section 9151.2. Application. Application for a yard
modification permit shall be filed in a manner consistent with
the requirements contained in subchapter 10J.
section 9151.3. Applicability. The Zoning Administrator
may grant a yard modification permit according to the following
minimum standards for lots where there is an existing single
family dwelling:
(a) Minimum Side Yard. The minimum side yard setback
shall be 3 feet, if privacy, sunlight, and air circulation are
not jeopardized for neighboring land uses or future proj ect
occupants.
(b) Minimum Buildinq Spacinq. The minimum spacing
between the existing single family dwelling and new housing, or
between two new structures on the lot, shall be 10 feet.
(c) Minimum Rear Yard. The minimum rear yard setback
shall be 5 feet for lots without alley access. The minimum rear
yard setback for lots with alley access shall be not less than 15
feet from the centerline of the alley.
(d) Architectural Compatibility. New housing should be
designed to be compatible in scale, character and use of
materials with the existing single family dwelling.
(e) Retention of Sinqle Family Dwellinq. The existing
single family dwelling shall be retained and will not undergo a
substantial remodel.
section 9151. 4 . Hearings and Notice. Subj ect to the
provisions of section 9131.2, upon receipt in proper form of a
Yard Modification Permit Application, a public hearing before the
Zoning Administrator shall be set not less than 10 days nor more
than 60 days after the application is determined to be complete,
and notice of such hearing shall be given to all property owners
and tenants within 300 feet of the exterior boundaries of the
property involved in a manner consistent with Subchapter 10K.
Section 9151.5. Commencement of Use. The rights granted
by the Yard Modification Permit shall be effective only when
- 50 -
.
.
exercised within the period established as a condition of
granting the Yard Modification Permit or, in the absence of such
established time period, one year from the date the permit
becomes effective. This time limit may be extended by the Zoning
Administrator for good cause for a period not to exceed 6 months
upon written request by the applicant.
section 9151.6. Revocation. The Zoning Administrator may,
or upon direction from the Planning Commission, revoke any
approved Yard Modification Permit in accordance with the
following procedures:
{a} A revocation hearing shall be held by the Zoning
Administrator. Notice of the hearing shall be published once in
a newspaper of general circulation within the City and shall be
served either in person or by registered mail on the owner of the
property and on the permit holder at least 10 days prior to such
hearing. The notice of hearing shall contain a statement of the
specific reasons for revocation.
(b) After the hearing, a Yard Modification Permit may be
revoked by the Zoning Administrator, or by the Planning
Commission on appeal or review I if anyone of the following
findings are made:
(1) That the Yard Modification Permit was obtained by
misrepresentation or fraud.
(2) That the use for which the Yard Modification
Permit was granted has ceased or has been suspended for six or
more consecutive calendar months.
(3) That the conditions of the permit have not been
met, or the permit granted is being or has recently been
exercised contrary to the terms of the approval or in violation
of a specific statute, ordinance, law or regulation.
(c) A written determination of revocation of Permit shall
be mailed to the property owner and the permit holder within 10
days of such determination.
Section 9151.7. Appeals. The approval , conditions of
approval, denial, or revocation of a Yard Modification Permit may
be appealed to the Planning Commission if filed within 14
consecutive calendar days to the date the decision is made in the
manner provided in Subchapter 10L.
SECTION 20. Any prov1s1on of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
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.
SECTION 21. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The city council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared inval id or unconstitutional without regard to whether
any portion of the Ordinance would be sUbsequently declared
invalid or unconstitutional.
SECTION 22. The Mayor shall sign and the city Clerk shall
attest to the passage of this Ordinance. The city Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
ROBERT M. MYERS
City Attorney
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.
REVISED EXHIBIT N
CA:RMM:LLD554/hpc
city Council Meeting
-89
Santa Monica, California
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING MUNICIPAL CODE SECTIONS
9000.3, 9040.3, 9040.10, 9040.17, 9040.18, 9041.2,
9041.6, 9044.10, 9044.21, AND 9113.3 AND ADDING
SECTIONS 9002.10, 9035.1 THROUGH 9035.7, 9036.1 THROUGH 9036.7,
9037.1 THROUGH 9037.7, 9038.1 THROUGH 9038.7,
9039.1 THROUGH 9039.7, 9040.41, 9047.1 THROUGH 9047.3,
AND 9151.1 THROUGH 9151.7 TO THE SANTA MONICA
MUNICIPAL CODE RELATING TO ZONING REGULATIONS FOR
THE OCEAN PARK AREA
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Sect10n 9000.3 of the Santa Mon1ca Mun1clpal
Code is amended to read as follows:
Section 9000.3. Definitions. The
phrases as used ln this Chapter shall
meanings:
follow1ng
have the
words or
following
Accessory Buildinq. 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 Livinq 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.
- 1 -
.
.
Act of Nature. A natural occurrence such as an earthquake,
flood, tidal wave, hurricane or tornado which causes substantial
damage to buildings or property.
Al tered Grade. A change in the elevation of the ground
surface from its natural state due to grading, excavation or
fl.lling.
Arcade. A public passageway or colonnade open along at
least one side, except for structural supports, usually covered
by a canopy or permanent roofing.
Art Gallery. A room or structure in which original works
of art or limited editions of original art are bought, sold,
loaned, appraised, or exhibited to the general public.
Artist studio. A room or structure in which original works
of art are created on site. Living quarters for the artist may be
permitted provl.ded the area devoted to living quarters does not
exceed 50% of the square footage of the total studio space.
Attic. The area located above the ceiling of the top story
and below the roof and not usable as habitable or commercial
space.
Auditorl.um. A building or room designed to accommodate
groups of people for meetings, performances or events.
Automobile Center_A groUpl.hg of individual
dealerships offering a variety of automobile makes
proposed as a single development project.
automobile
and models
Automobile Dealership_ Any busl.ness establishment WhlCh
sells or leases new or used automobl.les, trucks, vans, tral.lers,
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 Display Lot. Any property used for the display,
lease and sale of new or used automobiles, light trucks, vans,
trailers, recreational vehicles, motorcycles, boats or other
similar vehicles.
Automobile Repair Facility. Any building, structure,
improvements or land used for the repair and maintenance of
automobiles, motorcycles, and trucks including but not limited to
body, fender, muffler, or upholstery work, oil change and
lubrication, painting, tire service and sales, or the
installation of CB radios, car alarms, stereo equipment, or
cellular telephones.
Automobile Sales Facility. See Automobile Dealership.
\
- 2 -
.
.
Automobile storaqe Lot. Any property used for short or
long term parking of vehicles for sale or lease at an automoblle
dealership.
Automobile Washinq Facility. Any building, structure,
improvement or land prlncipally used for washing motor vehlcles.
Automobile Rental Aqency. Any business establishment WhlCh
rents or otherwise provides motorized transportation vehicles on
a short-term basis typically for periods of less than one 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.
Averaqe 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 Distrlcts, average natural
grade shall have the same meaning as "theoretical grade, II or
"grade, theoretical."
Awnlnq. A temporary shelter supported entlrely from the
exterior wall of a building. Awnlngs may be flxed or
collapsible, retractable, or capable of being folded against the
face of the supporting bUllding.
Balcony. A platform that proJects from the wall of a
building and is surrounded on the exposed sides by a ralling or
wall up to 42 inches in height.
Basement.
first floor.
flnlshed first
natural grade.
The portlon of a structure below the f lnlshed
A basement shall be consldered a story ~f the
floor extends more than 3 feet above the average
Bed and Breakfast Facility _ A bUJ.lding 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 sleepingl
separated from other rooms by a door and accessible to a bathroom
without crossing another bedroom.
Boardinq House. A resident1al 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.
Buildinq. 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.
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. .
Buildinq Bulk. The aggrega!:e of three dimensional forms
making up a building.
Buildinq Coverage. The horizontal area measured within the
perilneter 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 Heiqht. The vertical distance measured from the
existing average natural grade to the highest p01nt of the roof.
However, in connection with development proj ects in the Ocean
Park Districts, building height shall mean the vertical distance
measured from the theoretical grade to the highest point of the
roof.
Buildinq Mass. Three dimensional forms,
which are cubes, boxes, cylinders, pyramids
building is rarely only one of these simple
generally a composite of these forms.
the simplest of
and cones. A
forms, and is
Buildinq, Principal. A bU1lding 1n WhlCh the principal use
of the lot on which it 1S located is conducted.
Buildinq Slze. 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 dlfferent use from
the previous use. A change of ownership for continuation of an
existing use does not constitute a change of use.
Child Day Care Center. Any child day care facility, other
than a family day care home, that provides care, protection, and
supervision for more than six children for periods less than 24
hours per day and where the owner or operator does not reside at
the child day care establishment. Child day care centers shall
inclUde infant centers, preschools, nursery schools, and extended
day care facilities.
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.
.
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.
.
Co~on Open Space. Usable open space which ~s for the use
of the residents of two or more dwelling units.
Community Care Facility. Any facility, p~ace, or build~~g
which is maintained and operated to provide non-medical
residential care, adult day care, or home finding agency services
for children, adults, or children and adults including but not
limited to the physically handicapped, mentally impaired, or
incompetent persons, and includes the following:
(1) "Residential Care Facility" means any family home,
group care facility for 24-hour non-medical care to persons 18
years of age or older in need of personal services, supervision,
or assistances essential for sustaining the activities of daily
living or for the protection of the individual.
(2) ltAdult Day Care Facility" means any facility which
provides non-medical care to persons 18 years of age or older in
need of assistance essential for sustaining the activities of
daily living or for the protection of the individual on less than
a 24-hour basis.
Conditional Use Permit. A discretionary permit obtained in
accordance with Subchapter 10F, permitting the establ~shment of
particular uses in a zoning distrlct.
Cultural Facilities. Museums, galleries, theaters and the
like, which promote educational and aesthetic interest within a
community.
Dr~ve-Throuqh or Drive-In Restaurant. A restaurant where
customers may be served food 1n their veh1.cles for consumpt1.on
either on or off the site.
Duplex. One structure on a single lot containing two
dwelling units, each of which is functionally separated from the
other.
Dwelling. A structure or portion thereof which is used
principally for residential occupancy.
Q~ellin9, Multi-Family. A dwelling containing two or more
dwel11ng units.
Dwelling, Sinqle-Family. A
dwelling unit whiCh contains only
located on a permanent foundation.
building containing one
one kitchen and which is
Dwelling Unit. One 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 habitable room together with kitchen or
kitchenette and bathroom facilities. '
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.
Electric Distribution Substation. An assembly of equipment
wh~ch could include fuel cells and microwave, cable, radio and/or
other communication facilities as part of a system for
distribution of electric power where electric energy is normally
received at a sub-transmission voltage and transformed to a lower
voltage, and/or produced at this lower voltage in case a fuel
cell is installed, for distribution to the customer.
Facade. 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 barr~er of any material or combination of
materials functioning as an enclosure or for screen1ng.
Fence Heiqht. The vertical distance between the ground
and top of a fence measured from the existing grade. The he1ght
shall be measured in a continuum at each point along the fence.
Finished First Floor. The top of the
structure which does not extend more than
average natural grade.
f1rst floor of a
3 feet above the
Floor Area. . The total gross horizontal areas of all floors
of a building, 1ncluding usable basements below the roof and
measured from the interior face of exter10r walls, or a wall
separat1ng two buildings excluding:
(1) stairways and stairwells.
(2)
shafts.
Elevators, elevator equipment rooms, and elevator
(3) Ramps to a subterranean or semi-subterranean parking
structure or ramps between floors of a parking structure
providing the ramp does not accommodate parking.
(4) Unenclosed decks, balconies, and platforms not used
for commercial or restaurant activity.
(5) Exterior courtyards, arcades, atria, paseos,
walkways, and corridors whether or not covered by a roof provided
they are not used for commercial or restaurant activity.
(6) The volume above interior courtyards, atria, paseos,
walkways, and corridors whether covered or not.
(7) Subterranean and semi-subterranean parking structures
used exclusively for parking and loading and unloading.
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.
(8) At grade parklng not covered by a buildlng,
structure, or roof.
(9) Loading docks open or covered by a roof or canopy,
but otherwise unenclosed and used exclusively for loadlng and
unloading.
(10) Mechanical equipment rooms, electrical rooms,
telephone rooms, and similar space if located below grade.
Floor area shall include those areas occupied by the
following:
(1) Restrooms, lounges, lobbies, kitchens, storage areas,
and interior hallways and corridors.
(2) The floor area of lnterior courtyards, atria, paseos,
walkways, and corrldors covered by a roof or skyllght.
(3) Covered at-grade parking.
(4) Above grade parklng.
Floor area devoted to covered at-grade parking shall be
counted at two thirds of the actual area lf all of the followlng
condltions are met:
(1) The floor devoted to parking does not exceed 10 feet In
helght.
(2) There is at least one level of subterranean or
seIDl-subterranean parking provlded on the lot.
(3) The at-grade and above grade parklng levels are
screened from view.
(4) There is no parking on the ground floor within 40 feet
of the front property line.
(5) 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 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.
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.
Garage, Semi -Subterranean. A structure used for parking
and storage of vehicles located partly underground, with the
finished floor of the first level of the structure not more than
three feet above the average natural or existing grade of the
lot, except for openings for ingress and egress.
Garaqe, Subterranean. A structure wholly or partly
underground, the ceiling of which is not more than two feet above
the average natural grade, except for openings for ingress and
egress.
General Retail. Businesses which are engaged in selling
goods or merchandise to the general public and which prov1des
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.
Gradinq. Any stripping, cutting, soil removal, fil11ng, or
stockpiling of earth or land.
Ground Cover. A low growing woody or herbaceous plant w1th
low, compact growth habits which normally crawls or spreads, and
which forms a solid mat or dense cover over the ground with1n two
years of installation. Mature heights of groundcover will
usually range from three inches to three feet.
Ground Floor.
basement.
The f1rst level of a building other than a
Ground Floor street Frontaqe. The first level of a
building, other than a basement, to a depth of no less than 50
feet of the front of the lot.
Hab1table Space. Space in a dwelling unit for llving,
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.
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 Subchapter lOB to allow a home occupation.
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.
.
Hospice. A facility that provides residential livlng
quarters for up to six terminally ill persons. A hospice is a
permitted use in all residential dlstricts.
Hotel. A building, group of buildings, or a portion of a
building which is designed for or occupied as the temporary
lodging place of individuals for less than 30 consecutive days
including, but not limited to, an establishment held out to the
public as an apartment hotel, hostel, inn, time share project,
tourist court, or other 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 service. Any building, room, space, or
portion thereof where food is sold at retail where less than 250
square feet (interior and exterior) is utllized for on-site
consumption of any food or beverage, including seatlng, counter
space or other eating arrangement.
Kitchen. A room or space within a buildlng intended to be
used for cooking or preparing food.
Landscaped Area. The area within the boundarles of a given
lot which consists of living plant material including, but not
llmited to, trees, shrubs, woody and herbaceous ground covers,
grass, flowers, Vlnes, irrigation systems, and other design
features commonly used in landscaping, but not lncluding
walkways, driveways, patios, and other landscape features that
use smooth concrete or asphalt.
Larqe Family Day Care Home. A home which provides farolly
day care to 7 to l2 designated children dally, lnclusive,
including children who reside at the home.
Liqht Manufacturinq. 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.
Li vinq Area. The interior habitable area of an existing
principal dwelling unit including basement and shall not include
a garage.
Livinq 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.
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Lot. A lot.
Low Income Household. A household whose gross annual
income is between 51% and 80% of the median income of the Los
Angeles-Long Beach-Anaheim Primary Metropolitan statistical Area
(PMSA), as determined periodically by the U. S. Department of
Housing and Urban Development (RUD), adjusted for household size.
Manufactured Housinq. A residential
off-site and moved to a designated site for
permanent foundation.
structure
placement
built
on a
Mezzanine. An intermediate level without walls or
parti t ions, placed in any story or room and open to the space
below. When the total area of any such mezzanine floor exceeds
33 1/3 percent of the of the total floor area in that room, it
shall constitute an additional story. The clear height above or
below a mezzanine floor shall not be less than 7 feet. No more
than one continuous mezzanine may be permitted in anyone room.
A mezzanine shall be considered a loft.
Middle Income Household. A household whose gross annual
income is 100% of the median income of the Los Angeles-Long
Beach-Anaheim Metropolitan Statlstical Area (PSMA), as determined
perlodically by the U.S. Department of Housing and Urban
Development (HUD) adjusted for household size.
Mini-Mart. A small retail store selling commonly
purchased groceries, fast-foods, household goods, and impulse
ltems, 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 retreading, and similar work.
Mixed Use Development. The development of a lot or
building with two or more different land uses such as, but not
limited to a combination of residential, office, manufacturing,
retail, public, or entertainment in a single or physically
integrated group of structures.
Mobilehome Park. See Trailer Park.
Moderate-Income Household. A household whose gross
annual income is between 81% and 120% of the median income of the
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.
Los Angeles-Long Beach-Anaheim Primary Metropolltan Stat~stlcal
Area (PMSA), as determined periodically by the u.s. Department of
Housing and Urban Development (HUD), adjusted for household Slze.
Motel. An establishment providing transient accommodations
containing six or more rooms \oath at least 25% of all rooms
having direct access to the outside without the necessity of
passlng through the main lobby of the building.
Neiqhborhood Grocery store. Any small market not exceeding
3,000 square feet of floor area selling a full range of food
products including meat, dairy, vegetable, fruit, dry goods, and
beverages.
Net Residential Area.
residential uses exclusive of
for streets but including the
alley.
An area of land zoned for
public streets or land dedicated
area to the center line of a rear
Niqht Club. An establishment which prlmarily offers llve
entertainment or dancing and which may serve food or beverages.
Nonconforrninq Buildinq or structure, Leqal. A structure,
the Slze, dimension, or location of which were lawful prior to
the effective date of this Chapter or any amendment thereto, but
which fails to conform to the present requlrements of the zoning
distrlct.
Nursinq Home. A facillty l~censed to provlde full-time
convalescent or chron1c care to indivlduals who, by reason of
advanced age, chronic illness, or infirmity are unable to care
for themselves.
Outdoor Storaqe. The keeping, 1n an unroofed area, of any
goods, junk, mater1al, merchandlse, or vehicles in the same place
for more than 72 hours.
Overlay District. A zoning designation specifically
dellneated on the Districting Map establishing land use
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,
which transmits and receives electromagnetic waves by line of
sight.
1. Groundmounted Dish Antenna. A parabolic antenna, the
entire weight of which is supported by an approved platform,
framework, pole, or other structural system, which system is
affixed directly on or in the ground by a foundation and which
system is freestanding, excluding lateral bracing to a building.
2. Height. The vertical distance between the highest
point of an antenna when actuated to its most vertical position
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and grade below, for a groundmounted dish antenna, and to the
roof below for a roofmounted dish antenna.
3. Microwave Relay Antenna.
antenna, typically disc or double
element external to the disc, that
with another similar antenna.
A transmitting and rece1v1ng
convex shaped with no active
communicates by line of sight
4. Reasonable Functional Use. That positioning of a
parabolic antenna which permits substantially unobstructed line
of sight with geosynchronous orbiting satellites from or to which
the dish antenna receives or transmits electromagnetic waves.
5. 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 or more structural members of the roof of the
building or to any structural portion of the building above the
roofline.
6. Satellite Earth station Antenna. An
rece1ves or transmJ.ts communications by line of
geosynchronous orbiting satellite.
antenna that
sight W1 th a
7. Screening. The effect of locating a parabolic antenna
behind a building wall, fence, landscaping, berIn, and/or other
spec1ally 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 extend reasonable
8. TVRO Antenna. Television receiving only antenna.
Parapet. A low wallar railing not exceed1ng 42 1nches
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 or more lots combined to be used, developed, or built upon as
a unit as provided for in Section 9002.1.
Parcel Area. The total area within the property lines of a
parcel, excluding any street or alley right-of-way.
Parcel, Corner. A parcel of land abutting two or more
streets at their intersection, or upon two parts of the same
street forming an interior angle of less than 135 degrees.
Parcel Coveraqe. That portion of the parcel that is
covered by buildings and structures. Parcel coverage shall
include that area of the parcel directly below any upper level of
a building or structure that is cantilevered beyond the edge of
the first level of the building or structure.
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.
Par~el 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 Frontaqe. The width of the front parcel line
measured at the street right-of-way.
Parcel, Key. The first interior parcel to the rear of a
reversed corner parcel and not separated therefrom by an alley.
Parcel Line. A line of record bounding a parcel which
divides one parcel from another parcel or from a public or
private street or any other public space.
Parcel Llne, Front. The parcel l1.ne 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 L1.ne, Rear. The parcel line opposite and most
d1.stant from the front parcel line: or in the case of triangular
or otherwise irregularly shaped parcel, a line ten feet in length
entirely within the parcel, parallel to, and at a maximum
distance from the front parcel l1.ne.
Parcel L1.ne, Side. Any parcel l1.ne other than a front or
rear parcel line.
Parcel, Reversed Corner. A corner parcel, the side street
line of which is substantlally a continuation of the front parcel
line of the first parcel to its rear.
Parcel, Through. A parcel which fronts on two parallel
streets or which fronts upon two streets which do not intersect
at the boundaries of the parcel.
Parcel width. The horizontal distance between the side
lines of a parcel measured at right 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.
(e) Visibility into buildings at the streee level.
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.
(d) Highly articulated facades at the street level with
~nteresting uses of material, color, and architectural deta1.l1ng.
(e) Continuity of the sidewalk with a m1nimum 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 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, such as reservations wlth
restaurants, beautlcians or optometrists to avoid being turned
away due to unavailability.
Penthouse. A structure not exceeding 14 feet in height
located on the roof of a building used for the purpose of
sheltering mechanical equipment or vertical shaft open1.ngs in the
roof.
Performance Standards Permit. An admin1.strative permit
obtained in accordance with Subchapter 100.
Permitted Use. Any use allowed in a Zon1.ng distr1.ct and
subJect to the restrictions applicable to that Zoning district.
Place of Worship.
buildings or structures,
primarily intended for
accessory uses associated
A building or structure, or groups of
which by design and construction are
conducting '. religious services and
therewith.
Planninq Commission. The seven member body responsible for
carrying out functions with respect to planning and zoning as may
be prescribed by this Article.
Porte Cochere. A roofed structure extending from the
entrance of a building over an adjacent driveway, the purpose of
which is to shelter persons entering and exiting a building.
Primary Space. Living room, dining room, family room,
library, or similar such activity room in a dwelling unit.
Primary window. A glazed surface whose area is larger than
any other glazed surface in a room which serves as a primary
space.
Principal Use.
The primary or predominant use of any site.
\
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.
Photocopy Shop. An establishment that reproduces or pr1.nts
documents. A print shop shall be considered to be the same as a
photocopy shop.
Private Club or Lodge. A building and related facilltles
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 membership
requirement is payment of a membership or admission fee.
Private Tennis Court. A tennis court which is used for
non-commercial purposes by the owner of the property or their
guests.
Public Land. Any government owned land, including but not
limited to public parks, beaches, playgrounds, trails, paths,
schools, public buildings, and other recreat1.onal areas or public
open spaces.
Public utility Service Center and Service Yard. Any
building or property used for the admin1.stration of publlC
utll1.ty repair, maintenance, and installation crews, warehouse,
storage yard or maintenance garage including vehicle parking of a
public utility.
Residential Care Fac1.li ty. A group hous1.ng arrangement
chosen voluntarily by residents over 60 years of age, but also
including persons under 60 with compatible needs, who are
provided varying levels and intensities of care and supervis1.on
or personal care, based upon their varying needs, as determined
in order to be admitted and rema~n in the facillty.
Residential Use. One or more rooms designed, occupied, or
intended for occupancy as primary living quarters in a building
or portion thereof.
Restaurant. Any building, room, space, or portion thereof
where food is sold for consumption on site. A restaurant does
not include incidental food service.
Rest Home. An extended or intermediate care facility
licensed or approved to provide health care under medical
supervision for 24 or more consecutive hours to two or more
patients who are not related to the governing authority or its
members by marriage, blood, or adoption.
Roof. That portion of a building or structure above walls
or columns that shelters the floor area or the structure below.
Sanitarium. An institution for the treatment of persons
with chronic and usually long term illnesses.
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.
.
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 storaqe 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 62 years of age or more.
Senior Group Housinq. 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.
Service Station. Any establishment whose primary function
l.S the retail sale of petroleum products and vehicle accessories
normally associated with th1.S use, and shall include those
serv1.ce stations providing full-service or self-service statlons.
Setback. The distance between the lot line and a bUllding
not inclUding permitted projections.
Shelter for the Homeless. A residential facility operated
by a "provider", other than a "community care facility" as
defined in Cal1.fornia Health and Safety Code Section 1502, WhlCh
provides temporary accommodations to homeless persons and/or
families and which meets the standards for shelters contained ln
Title 25, California Administrative Code, Part 1, Chapter F,
Subchapter 12, Section 7972. The term "temporary accommodationsJl
means that a homeless person or family will be allowed to reside
at the shelter for a time perlod not to exceed six (6) months.
For the purpose of this def1.nition, a "provider" shall mean a
government agency or private non-prOfit organization which
provides, or contracts with recognized community organizations to
prov ide, emergency or temporary shelter for the homeless, and
which meets the standards set forth in Section 9050.14.
Shrub. A plant with a compact growth habit and branches
coming from the base of the plant. Mature heights of shrubs may
vary from one foot to 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.
Sinqle Room Occupancy. A housing unit which is contained
within a residential hotel, rooming house, hotel, or motel where
the unit does not contain either private food preparation or
sanitary facilities. \
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.
site. Any plot or lot of land,oF combination of contiguous
lots of land.
Skyliqht. That portion of,a roof which is glazed to admit
light, and the rnechani~al fasting required'to hold the glazing,
including a curb not exceeding 10 inches in height, to provide a
weatherproofing barrier.
Small Family Day Care Home. A home which provides family
day care to six or fewer designated children daily, including
children who reside at the home.
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 cool ing ,
water heating, or electricity.
Speciality Office. Uses intended
without requiring an appointment such as
estate offices and insurance agencies.
to provide a service
travel agencies, real
story. That port1.on of a building included between two
consecutive floors of a building. A basement shall not be
considered a story if the finished first floor does not exceed 3
feet above the average natural grade of the lot. An unfinished
attic shall not be considered a story. A mezzanine shall be
considered a story if it is not open to the floor below, if l.t
contains any enclosed rooms, bathrooms, closets, and the llke, or
if it contains more than 33 1/3% of the total floor area of the
room(s) onto which it opens.
structure. Anything
requires a fixed location on
building or other structure
ground.
constructed or
the ground, or
having a fixed
erected, which
1S attached to a
location on the
Subdivision.
definitions.
See
Chapter
3
for
all
subdivision
Substantial Remodel. Removal of 50 percent or more of the
exterior walls or removal of 50 percent or more of supporting
members of a structure such as bearing walls, columns, beams, or
girders.
Tandem Parkinq. A group of two or more parking spaces
arranged one behind the other where one space blocks access to
the other space.
Temporary Structure. A structure without any foundation or
footing and which is removed when the designated time period,
activity, or use for which the temporary structure was erected
has ceased.
Temporary Use Permit. An administrative permit obtained in
\
accordance with Subchapter 10C.
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.
.
Theater. 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 perfo~ances 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 des1gned to accommodate one or more trailers in use
for human habitation with minimum facilities for water, sewer,
electricity, and laundry.
Tree. A plant having at least one well defined stem or
trunk and normally attaining a mature height of at least 15 feet,
with an average mature spread of 15 feet, and having a trunk that
shall be kept clear of leaves and branches at least six feet
above grade at maturity.
15 Gallon Tree. A 15 gallon container tree shall be no
less than one inch caliper and at least six feet l.n height above
grade at the time of planting.
24 Inch Box Tree. A 24 inch box tree shall be no less than
one and three-quarters inch caliper and at least seven feet l.n
height above grade at the time of planting.
Usable open Space. Outdoor space which is speclfically
designed and constructed to be occupied by and used by residents
of the dwelling units on a lot.
Use. The purpose or act1.vity for which land is zoned or a
structure is intended or used.
Variance. A discretionary permit obtained in accordance
with Subchapter IOE.
Very Low Income Household. A household whose gross annual
income is between 0% and 50% of the median income of the Los
Angeles-Long Beach-Anaheim Primary Metropolitan statistical Area
(PMSA), as determined periodically by the U.s. Department of
Housing and Urban Development (HUD), adjusted for household size.
Warehouse. A building, group of buildings, or a portion of
a building used for the storage of goods and materials.
Yard. An open space situated between lot lines and not
covered by buildings.
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
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.
.
from the .ground upward except as may be permitted by this
Chapter.
Yard Sale. Any sale held for
trading, or otherwise disposing
furnishings, personal goods, or other
control of the person holding such
residential district.
the purpose of selling,
of unwanted household
tangible properties under
sale and conducted in a
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 shall be unoccupied and
unobstructed from the ground upward except as may be permitted by
this Chapter.
Yard, street Side. A space extending the full depth of the
lot between the 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.
Yard, Rear. A space extending the full wl.dth of the lot
between the principal building and the rear lot ll.ne measured
perpendicular from the rear lot line to the closest point of the
pr1.ncipal buildl.ng. The rear yard shall be unoccupied and
unobstructed from the ground upward except as may be permitted by
this Chapter.
Zoninq Ordinance. The Comprehenslve Land Use Ordl.nance of
the City of Santa Monica.
SECTION 2. Section 9002.10 is added to the Santa Mon1.ca
Munlcipal Code to read as follows:
Section 9002.10. Conformance with Ocean Park Zoninq
Standards Adopted on October 10, 1989. Any project for which an
application was filed prior to September 12, 1989, shall not be
required to comply with subchapters 4V, 4W, 4X, 4Y, and 4Z of
Chapter 1 of Article IX of the Santa Monica Municipal Code and
Sections 9040.3, 9040.10, 9040.17, 9040.18, 9040.41, 9041.2,
9041.6, 9044.10, 9044.21, 9047.1, 9047.2, 9047.3, 9151.1, 9151.2,
9151.3, 9151.4, 9151.5, 9151.6, 9151.7, and 9113.3 of the Santa
Monica Municipal Code, adopted on October 10, 1989.
SECTION 3. Subchapter 4V is added to Chapter 1 of Article
IX of the Santa Monica Municipal Code to read as follows:
Subchapter 4V.
District.
OP-1 Ocean Park Single Family Residential
Section 9035.1. Purpose. The OP-l District is intended
to maintain single family housing within an area' comprised of
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.
.
small lots where single family housing now pr~dominates. The
OP-l District is designed to prevent traffic and on-street
parkl.ng congestion which more intense development could create.
The OP-l District serves to maintain the existing character and
state of the area.
section 9035.2. Permitted Uses. The following uses may be
permitted in the OP-l District:
(a) Hospice facilities.
(b) One single family dwelling per lot placed on a
permanent foundation including Manufactured housing.
(c) One-story accessory buildings and structures up to 14
feet in he1.ght.
(d) Public parks and playgrounds.
(e) Small family day care homes.
(f) state authorized, l1.censed, or certifl.ed uses to the
extent required to be permitted by State Law.
(g) Yard sales, limited to two per calendar year, for a
maximum of two days each.
sect1.on 9035.3. Uses Subiect to Performance standards
Permit. The following uses may be permitted in the OP-l Distr1.ct
subject to the approval of a Performance Standards Permit:
(a) Large family day care homes.
(b) One-story accessory living quarters, up to 14 feet in
height, on a lot having a minimum area of 10,000 square feet.
(e) Private tennis courts.
Section 9035.4. conditionally Permitted Uses. The
following uses may be permitted in the OP-1 District subject to
the approval of a Conditional Use Permit:
(a) Duplexes on a lot having not less than 6,000 square
feet of area, a side lot line of which abuts, or is separated by
an alley from any R3, or R4 District.
(b) One-story accessory buildings over 14 feet in height
or two story accessory buildings up to a maximum height of 24
feet.
(c) Schools.
- 20 -
.
.
section 9035.5.
Prohlbited Uses.
(a) Boarding houses.
(b) Rooftop parking.
(c) Second dwelling units pursuant to section 65852.2(c)
of the California Government Code.
(d) Any uses not specifically authorized.
section 9035.6. Property Development Standards. All property
in the OP-District shall be developed in accordance with the
following standards:
(a) Maximum Buildinq Heiqht. Two stories, not to exceed
20 feet for a flat roof, or 27 feet for a pitched roof. A
pitched roof l.S defined as a roof with at least 2 sides hav1.ng no
less than one foot of vertical rise for every three feet of
horizontal run.
(b) Maximum Unit Density. One dwelling un1.t per lot.
(c) Minimum Lot Size. 4,000 square feet. Each lot shall
contain a minimum depth of 80 feet and a minimum width of 25 feet
except that any lot existing on the effective date of this
Chapter shall not be subject to this requ1.rement.
(d) Maximum Lot Coverage. 50 percent.
(e) Front Yard Setback. 15 feet, or 10 feet If the
average setback of adjacent dwellings(s) is 10 feet or less. A
one story, covered or uncovered porch open on 3 sides may
encroach 6 feet into a front yard with a 15 foot setback, if the
roof does not exceed a height of 14 feet, and the porch width
does not exceed 40% of the building width at the front of the
building.
(f) Rear Yard Setback. 10 feet.
(g) Side Yard Setback.
(1) The side yard setback for that portion of a
build1.ng with a secondary window, blank wall, or primary window
on a side yard facing the street (i.e., a corner lot) shall be
determined in accordance with the following formula, except for
lots of less than 50 feet in width for which the sideyard shall
be 10% of the lot width but not less than 4 feet:
5' + (stories x lot width)
50'
(2) The side yard setback for that portion of a
building with a primary window shall be as follows:
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.
.
(a) For lots less than 50 feet l.n w1dth, a
minimum setback of 8 feet shall be provided, as long as at all
times a 12 foot separation exists between the primary window and
any adjacent structures;
(b) For lots 50 feet or greater in width, a
minimum setback of 12 feet shall be provided.
(3) The second floor
primary window shall not project
required side yard setback.
side
more
yard
than
setback
2 feet
above a
into the
(h) Landscapinq. All areas not covered by buildings,
driveways, and sidewalks are to be covered by appropriate
landscaping. All new construction that requires issuance of a
building permit shall be subject to the provisions of subchapter
5B of this Article.
(i) Parking Access. Access to all required off-street
parking shall be from alleys, except for corner lots where access
may be provided from the side street but not from the front
street.
Section 9035.7. Architectural Review. All new
construction, new additions to eX1.st1.ng buildings, and any other
exterior improvements that require issuance of a building perm1.t
shall be subject to architectural review pursuant to the
provisions of Chapter 5 of this Article.
SECTION 4. Subchapter 4W is added to Chapter 1 of Art1cle
IX of the Santa Monica Municipal Code to read as follows:
Subchapter 4W.
district
OP-Duplex Ocean Park Duplex Residential
Section 9036.1. purpose. The OP-Duplex District is
intended to provide a density appropriate for the Copeland Court
walk street. The OP-Duplex is designed to prevent burden on the
public facilities, including sewer, water, electricity and
schools by an influx and increase of people to the degree larger
than the City'S geographic limits, tax base or financial
capabilities can reasonably and responsibly accommodate. The
district is designed to preserve the unique character of this
street. The OP-Duplex district affords protection from
deleterious environmental effects and serves to maintain and
protect the existing character and state of the Copeland Court
walk street.
Section 9036.2. Permitted Uses. The following uses shall
be permitted in the OP-Duplex District:
(a) Hospice facilities.
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.
.
(b) Multi-family dwelling units.
(c) One-story Accessory building~ and structures up to 14
feet in height.
(d) Public parks and playgrounds.
(e) single family dwellings placed on a permanent
foundation (including manufactured housing).
(f) Small family day care homes.
(g) Yard sales, limited to two per calendar year, for
each dwelling unit, for a maximum of two days.
Section 9036.3. Uses subiect to Performance Standards
Permit. The following uses may be permitted in the OP-Duplex
District subject to the approval of a Performance Standards
Permit:
(a) Large family day care homes.
(b) One-story accessory living quarters, up to 14 feet in
height, on a lot having a minimum area of 10,000 square feet.
(c) Private tennis courts.
(d) Senior group housing.
Section 9036.4. conditionally Permitted Uses. The
fOllowing uses may be permltted ln the OP-Duplex District subject
to the approval of a conditional Use Permit:
(a) Bed and breakfast facilities.
(b) Boarding houses.
(e) Child day care centers.
(d) Community care facilities.
(e) Libraries.
(f) Neighborhood grocery stores.
(g) Offices and meeting rooms for charitable, youth, and
welfare organizations.
(h) One-story accessory buildings over 14 feet in height
or two story accessory buildings up to a maximum height of 24
feet.
(i) Places of worship.
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.
.
(j) Residential ca~e facilities.
(k) Rest homes.
(1) Schools.
(m) Underground parking structures provided the lot was
occupied by a surface parking lot at the time of adoption of this
Chapter, the lot is not adjacent to a lot in the C2 District, the
ground level above the underground parking structure is used for
residential or public park and open space uses, the structure is
associated with an adjacent commercially zoned lot, and the
vehicle access to the underground parking is from the
commercially zoned lot and as far from the residentially zoned
lot as is reasonably possible.
section 9036.5.
Prohibited Uses:
(a) Rooftop parking.
(b) Any use not specifically authorized.
Section 9036.6. Property Development Standards. All
property lTI the OP-Duplex District shall be developed l.n
accordance with the following standards:
(a) Maximum Building Height. Two stories, not to exceed
23 feet for a flat roof, or 30 feet for a pitched roof. A
pitched roof is defined as a roof with at least 2 sides having no
less than one foot of vertical rise for every three feet of
horizontal run.
(b) Maximum Unit Density. Two units per lot. No more
than one dwelling unit shall be permitted on a lot 4,000 square
feet or less l.n size.
(c) Maximum Lot Coveraqe. 50% for lots 4,001 square feet
and larger.
(d) Minimum Lot Size. 5,000 square feet. Each lot shall
contain a minimum depth of 100 feet and a minimum width of 50
feet, except that lots existing on the effective date of this
Chapter shall not be subject to this requirement.
(e) Front Yard Setback. 30 feet measured from the center
line of the walkway.
(f) Rear Yard Setback. 15 feet.
(g) Side Yard Setback.
(1) The side yard setback for that portion of a
building with a secondary window, blank wall, or primary window
on a side yard facing the street (i.e., on a corner lot) shall be
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.
.
determined in accordance with the following formula, subject to
the exceptions set forth below:
5' + (stories x lot width)
50'
(a) On lots of less than 50 feet in width, the
side yard shall be 10% of the parcel width but not less than 4
feet.
(b) On corner lots 50 feet or greater in width,
the side yard setback facing a street shall be a minimum of 10
feet. Covered or uncovered stairways or porches not exceeding
35% of the building frontage on the side street may encroach 5
feet into the required side yard.
(2) The side yard setback for that portion of a
building with a primary window shall be as follows:
(a) For lots less than 50 feet in width, a
minimum setback of 8 feet shall be provided, as long as at all
times a 12 foot separation exists between the primary window and
any adjacent structures;
(b) For lots 50 feet or greater in width, a
minimum setback of 12 feet shall be provided.
(3) The second floor sideyard setback above a primary
wl.ndow shall not project more than 2 feet into the requ1.red side
yard setback.
(h) Building Spacing. Buildings that face each other on
the same lot shall be separated by the following m1.nimum
distances: 15 feet if one building has primary windows facing
the other; 25 feet when the windows of primary spaces in both
buildings face each other on the ground or second level, except
15 feet when they are visually separated by a solid wall or
opaque fence over 5 feet 6 inches in height: 10 feet when
secondary windows face each other or when a secondary window
faces a blank wall.
( i) Landscaping. All areas
driveways, and sidewalks are to
landscaping. All new construction
building permit shall be subject to
5B of this Article.
not covered by buildings,
be covered by appropriate
that requires issuance of a
the provisions of subchapter
(j) Development Review. A Development Review Permit is
required for any development of more than 15,000 square feet of
floor area.
Section 9036.7. Architectural Review. All
construction, new additions to existing buildings, and any
exterior improvements that require issuance of a building
\
new
other
permit
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.
.
shall be subject to arch1.tectural _review pursuant to the
provisions of Chapter 5 of this Article.
SECTION 5. Subchapter 4X is added to Chapter 1 of Article
IX of the Santa Monica Municipal Code to read as follows:
Subchapter 4X.
District.
OP-2 Ocean Park Low Multiple Residential
Sectlon 9037.1. Purpose. The OP-2 District is intended
to provide a low density multiple family residential neighborhood
(to 22 dwelling units per gross residential acre) free of
disturbing noises, excessive traffic, and hazards created by
moving automobiles. The OP-2 district is designed to prevent
burden on the public facilities, including sewer, water,
electricity and schools by an influx and increase of people to
the degree larger than the City's geographic limits, tax base or
flnancial capabilitles can reasonably and respons1.bly
accommodate. The OP-2 district affords protection from
deleterious environmental effects and serves to maintal.n and
protect the eX1.sting character and state of the residentl.al
neighborhood.
Section 9037.2. Permitted Uses. The following uses shall
be permitted l.n the OP-2 District:
(a) Hospice facilities.
(b) Multi-farn1.ly dwelling units.
(e) One-story Accessory build1.ngs and structures up to 14
feet in he1.ght.
(d) Public parks and playgrounds.
(e) Single family dwellings placed on a permanent
foundation (including manufactured housing) .
(f) Small family day care homes.
(g) Yard sales, limited to two per calendar year, for
each dwelling unit, for a maximum of two days.
Section 9037.3. Uses Subiect to Performance Standards
Permit. The following uses may be permitted in the OP-2 District
subject to the approval of a Performance Standards Permit:
(a) Large family day care homes.
(b) Private tennis courts.
(e) senior group housing.
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e
.
Section 9037.4. Conditionally Permltted Uses. The
following uses may be permitted in the OP-2 District subject to
the approval of a Condition~l Use Permit:
(a) Bed and breakfast facilities.
(b) Boarding houses.
(c) Child day care centers.
(d) Community care facilities
(e) Libraries.
(f) Neighborhood grocery stores.
(g) Offices and meet1.ng rooms for charitable, youth, and
welfare organizations.
(h) One-story accessory buildings over 14 feet in he~ght
or two story accessory buildings up to a maximum height of 24
feet.
(i) Places of worsh~p.
(j) Residential care facilities.
(k) Rest homes.
(1) Schools.
(m) Underground parking structures provided the lot was
occupied by a surface parking lot at the time of adoption of this
Chapter, the lot is not adjacent to a lot in the C2 District, the
ground level above the underground parking structure is used for
residential or public park and open space uses, the structure is
associated with an adjacent commercially zoned lot, and the
vehicle access to the underground parking is from the
commercially zoned lot and as far from the residentially zoned
lot as is reasonably possible.
section 9037.5.
Prohibited Uses:
(a) Rooftop parking.
(b) Any use not specifically authorized.
Section 9037.6. Property Development Standards. All
property in the OP-2 District shall be developed in accordance
with the following standards:
(a) Maximum Buildinq Heiqht. Two stories, not to exceed
23 feet for a flat roof, or 30 feet for a pitched roof. A
pitched roof is defined as a roof with at least twd sides having
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.
.
no less than one foot of vertical rise for every three feet of
horizontal run.
(b) Max1.mum unit Density. One dwelling unit for each
2, 000 square feet of 1 at area. An addi ti onal unit shall be
allowed if excess lot area equals or exceeds 1,000 square feet,
after calculat1.ng the allowed number of units at 2,000 square
feet of lot area per unit.
The density on lots consolidated after the effective date
of this Chapter with a total square footage greater than 10,000
square feet or exceeding a combined street frontage of 100 feet
shall be one dwelling unit for each 2,500 square feet of combined
lot area, except where 100% of the proposed units are deed
restricted for very low, low, middle, and/or moderate income
housing, in which case the density shall be one unit for each
2,000 square feet of lot area.
No more than one dwelling unit shall be permitted on a lot
4,000 square feet or less l.n size.
(c) Maximum Lot Coveraqe. 50% for lots 4,001 square feet
and larger. 60% for development projects which comply with the
density bonus prov1.sions of Sectlon 9047.3.
(d) Minimum Lot Size. 5,000 square feet. Each lot shall
contain a min1.mum depth of 100 feet and a minimum width of 50
feet, except that lots existing on the effective date of this
Chapter shall not be subject to this requirement.
(e) Front Yard Setback. 20 feet or 15 feet if the
average setback of adjacent dwelling(s) is 15 feet or less. A
one-story, covered or uncovered porch, open on 3 sldes may
encroach 6 feet into a front yard w1.th a 20 feet setback, if the
roof does not exceed a height of 14 feet and the porch width does
not exceed 40% of the building width at the front of the
building.
(f) Rear Yard Setback. 15 feet.
(g) Side Yard Setback.
(1) The side yard setback for that portion of a
building with a secondary window, blank wall, or primary window
on a side yard facing the street (i.e., on a corner lot) shall be
determined in accordance with the following formula, subject to
the exceptions set forth below:
5' + (stories x lot width)
50'
(a) On lots of less than 50 feet in width, the
side yard shall be 10% of the parcel width but not less than 4
feet.
- 28 -
.
.
(b) On corner lots 50 feet or greater in width,
the side yard setback facing a street shall be a minimum of 10
feet. Covered or uncovered stairways or porches not exceeding
35% of the buildlng frontage on the side street may encroach 5
feet into the required side yard.
(2) The side yard setback for that portion of a
building with a primary window shall be as follows:
(a) For lots less than 50 feet in width, a
minimum setback of 8 feet shall be provided, as long as at all
times a 12 foot separation exists between the primary window and
any adjacent structures;
(b) For lots 50 feet or greater in width, a
minimum setback of 12 feet shall be provided.
(3) The second floor sideyard setback above a primary
window shall not project more than 2 feet into the required side
yard setback.
(h) Buildinq Spacinq. Buildings that face each other on
the same lot shall be separated by the following minimum
d1stances: 15 feet if one building has pr1mary windows faclng
the other; 25 feet when the windows of primary spaces in both
buildings face each other on the ground or second level, except
15 feet when they are visually separated by a solid wall or
opaque fence over 5 feet six l.nches l.n height; 10 feet when
secondary windows face each other or when a secondary w1.ndow
faces a blank wall.
(i) Landscapinq. All areas not covered by build1.ngs,
driveways, and sidewalks are to be covered by appropriate
landscaping. All new constructl.on that requires 1ssuance of a
building permit shall be subject to the provisions of subchapter
5B of this Article.
(j) Usable Private open Space. All ground-level units
shall have the following minimum amounts of usable private open
space per unit: 100 square feet for projects consisting of at
least 2 but not more than 7 dwelling units, and 50 square feet
for projects of 8 units or more. Private open space shall
include a deck, yard, patio or combination thereof, which is
adjacent to, accessible from, and at the same or approximate
elevation as one or more primary spaces. The minimum dimension
of at least one such private open space shall be no less than 7
feet in any dimension. Private open space shall be screened from
common open space, driveways and adjacent properties by a
substantially opaque wall or fence a minimum of 3 feet 6 inches
and a maximum of 6 feet in height, except in the front yard
setback area.
Required private open space may be reduced by one square
foot for each additional square foot of common open space added
but in no case leaving less than 50 feet of required private
space. \
- 29 -
.
.
All second floor units shall have a balcony or deck of 50
square feet or more, with a minimum dimension of no less than 7
feet in any dimension, which is adjacent to, accessible from, and
at the same or approximate elevation as one or more primary
spaces of the unit to be served. Roof decks do not meet this
requirement. The railing of the balcony or deck shall be
substantially opaque to protect the privacy of occupants.
First floor private open space may project into the entire
W1.dth of the side yard, and 10 feet into the required depth of
the rear yard. Private open space may project 6 feet into the
required front yard as long as its width does not exceed 30% of
the building width at the front of the building.
(k) Usable Cornman Open Space. Projects of four or more
units shall include a minimum of 100 square feet per unit of
usable common open space, accessible and available to all project
residents for outdoor activities. Courtyards, entry areas for
two or more units, lawns and play spaces which are physically
separated from private open spacel and active recreation spaces
such as swimming pools and sports courts, shall count toward
fulfillment of this requirement. The rear yard may count toward
fulfillment of the common open space requirement, provided it is
usable and access1.ble. Side yards and portions of driveways
which are decorated or l.nterspersed with lawn or other acceptable
groundcover may meet a portion of the requirement, subj ect to
architectural review, pursuant to Subchapter 5. The minimum
dimension of at least one area of common open space shall be 10
feet in any d1.rection.
Any practical combination of lawn, pav1ng, decklng,
concrete or other serviceable dust-free material shall be used to
surface cornman open space areas, wl.th a slope of not more than
5%. A minimum of thirty percent (30%) of the common open space
area shall include lawn or other acceptable groundcover.
Required open space may not include public or private
streets, driveways, or utility easements where the ground surface
cannot be used appropriately for open space or front yards.
Required common open space may be reduced by one square
foot for each additional square foot of private open space added
beyond the required private open space.
(1) Development Review. A Development Review Permit is
required for any development of more than 15,000 square feet of
floor area.
Section 9037.7. 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 subchapter 58 of this Article.
- 30 -
.
.
SECTION 6. Subchapter 4Y is added to Chapter 1 of Article
IX of the Santa Monica Municipal Code to read'as follows:
Subchapter 4Y. OP-3 Ocean Park Medium Multiple Resident1.al
District
Section 9038.1. Purpose. The OP-3 District is intended
to provide a medium density multiple family residential
neighborhood (to 29 dwelling units per gross residential acre)
free of disturbing noises, excessive traffic, and hazards created
by moving automobiles. The OP-3 district is designed to prevent
burden on the public facilities, including sewer, water,
electricity and schools by an influx and increase of people to
the degree larger than the city's geographic limits, tax base or
financial capabilities can reasonably and responsibly
accommodate. The OP-3 district affords protection from
deleterious environmental effects and serves to maintain and
protect the existing character and state of the residential
neighborhood.
Section 9038.2. Permitted Uses. The following uses shall
be permitted l.n the OP-3 D1.strict:
(a) Hospice facilit1es.
(b) Multi-family dwel11ng units.
(c) One-story Accessory buildings and structures up to 14
feet 1n height.
(d) Publl.c parks and playgrounds.
(e) Residential care facilities.
(f) Single family dwellings placed on a permanent
foundation (including Manufactured housing).
(g) Small family day care homes.
(h) Yard sales, limited to two per calendar year, for
each dwelling unit, for a maximum of two days.
Section 9038.3. Uses Sub;ect to Performance Standards
Permit. The following uses may be permitted in the OP-3 District
subject to the approval of a Performance standards Permit:
(a) Large family day care homes.
(b) One-story accessory living quarters, up to 14 feet in
height, on a lot having a minimum area of 10,000 square feet.
(c) Private tennis courts.
- 31 -
.
.
(d) Senior group housing.
section 9038.4. Conditionally Permitted Uses. The
following uses may be permitted in the OP-3 District subject to
the approval of a Conditional Use Permit:
(a) Bed and breakfast facilities.
(b) Boarding houses.
(c) Child day care centers.
(d) Community care facilities.
(e) Places of Worship.
(f) Neighborhood grocery stores.
(g) Offlces and meeting rooms for charitable, youth, and
welfare organizations.
(h) One-story accessory buildings over 14 feet in he~ght
or two story accessory buildings up to a max.imum height of 24
feet.
(i) Residential care facllities.
(j) Rest homes.
(k) Schools.
(1) Underground parking structures provided the lot was
occupied by a surface parking lot at the time of adoptlon of thlS
Chapter, the lot is not adjacent to a lot in the C2 District, the
ground level above the underground parking structure is used for
resident1.al or public park and open space uses, the structure is
associated with an adjacent commercially zoned lot, and the
vehicle access to the underground parking is from the
commercially zoned lot and as far from the residentially zoned
lot as is reasonably possible.
section 9038.5.
Prohibited Uses:
(a) Rooftop parking.
(b) Any use not specifically authorized.
Section 9038.6. Property Development standards. All prop-
erty on the OP-3 District shall be developed in accordance with
the flolowing standards:
(a) Maximum Building Height. Two stories, not to exceed
23 for a flat roof, or 30 feet for a pitched roof. A pitched
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.
.
roof is defined as a roof with at least two sides having no less
than one foot of vertical rise for every three feet of horizontal
run.
(b) Maximum unit Density. One dwelling unit for each
1,500 square feet of lot area. An additional unit shall be
allowed if excess lot area equals or exceeds 750 square feet,
after calculating the allowed number of units at 1,500 square
feet of lot area per unit.
The density on lots consolidated after the effective date
of this Chapter with a total square footage greater than 15,000
square feet or exceeding a combined street frontage of 150 feet
shall be one dwelling unit for each 2,000 square feet of comb1.ned
lot area, except where 100% of the proposed units are deed
restricted for very low, low, middle, and/or moderate income
housing, in which case the density shall be one unit for each
1,500 square feet of lot area.
No more than one dwelling unit shall be permltted on a lot
4,000 square feet or less in size.
(e) Maximum Lot Coveraqe. 50% for lots 4,001 square feet
and larger. 60% for development projects of 6 unlts or more
which comply wlth the density bonus provisions of Sectlon 9047.3.
(d) Minimum Lot Size. 5,000 square feet. Each lot shall
contain a minimum depth of 100 feet and a minimum width of 50
feet, except that lots existing on the effective date of this
Chapter shall not be subject to this requirement.
(e) Front Yard Setback. 20 feet or 15 feet l.f the average
setback of adjacent dwelling(s) is 15 feet or less. A one-story,
covered or uncovered porch open on three sides may encroach 6
feet into a front yard with a 20 feet setback, if the roof does
not exceed a height of 14 feet and the porch width does not
exceed 40% of the building width at the front of the building.
(f) Rear Yard Setback. 15 feet.
(g) Side Yard Setback.
(1) The side yard setback for that portion of a
building with a secondary window, blank wall, or primary window
on a side yard facing the street (i.e., on a corner lot) shall be
determined in accordance with the following formula, subject to
the exceptions set forth below:
5' + (stories x lot width)
50'
(a) On lots of less than 50 feet in width, the
side yard shall be 10% of the parcel width but not less than 4
feet.
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.
.
(b) On corner lots 50 feet or greater in width,
the side yard setback facing a street shall be a minimum of 10
feet. Covered or uncovered stairways or porches not exceeding
35% of the building frontage on the side street may encroach 5
feet into the required side yard.
(2) The side yard setback for that portion of a
building with a primary wlndow shall be as follows:
(a) For lots less than 50 feet in width, a
minimum setback of B feet shall be provided, as long as at all
times a 12 foot separation exists between the primary window and
any adjacent structures;
(b) For lots 50 feet or greater in width, a
minimum setback of 12 feet shall be provided.
(3) The second floor sideyard setback above a primary
window shall not project more than 2 feet into the required side
yard setback.
(h) BUlldlnq Spacinq. BU1.1dings that face each other on
the same lot shall be separated by the following minimum
distances: 15 feet l.f one bUlldl.ng has primary windows facing
the other ~ 25 feet when the wl.ndows of primary spaces in both
buildings face each other on the ground or second level, except
15 feet when they are visually separated by a solid wall or
opaque fence over 5 feet six l.nches in height ~ 10 feet when
secondary windows face each other or when a secondary window
faces a blank wall.
(i) Landscapinq. All areas not covered by buildl.ngs,
driveways, and s1.dewalks are to be covered by appropriate
landscaping. All new construction that requlres issuance of a
building permit shall be subject to the prov1.sions of subchapter
58 of this Artlcle.
(j) Usable Private Open Space. All ground-level units
shall have the following minimum amounts of usable private open
space per unit: 100 square feet for projects consisting of at
least 2 but not more than 7 dwelling units, and 50 square feet
for projects of B units or more. Private open space shall
include a deck, yard, patio or combination thereof, which is
adjacent to, accessible from, and at the same or approximate
elevation as one or more primary spaces. The minimum dimension
of at least one such private open space shall be no less than 7
feet in any dimension. Private open space shall be screened from
common open space, driveways and adjacent properties by a
substantially opaque wall or fence a minimum of 3 feet 6 inches
and a maximum of 6 feet in height, except in the front yard
setback area.
Required private open space may be reduced by one square
foot for each additional square foot of common open space added
but in no case leaving less than 50 feet of required private
space. \
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.
.
All second floor units shall have a balcony or deck of 50
square feet or more, with a minimum dimension of no less than 7
feet l.n any dimension, which is adjacent to, accessible from, and
at the same or approximate elevation as one or more primary
spaces of the unit to be served. Roof decks do not meet this
requirement. The railing of the balcony or deck shall be
substantially opaque to protect the privacy of occupants.
First floor private open space may project into the entire
width of the side yard, and 10 feet into the required depth of
the rear yard. Private open space may project 6 feet into the
required front yard as long as its width does not exceed 30% of
the building width at the front of the building.
(k) Usable Common Open Space. Projects of four or more
uni ts shall include a minimum of 100 square feet per unit of
usable common open space, accessible and available to all project
residents for outdoor activities. Courtyards, entry areas for
two or more units, lawns and play spaces which are physically
separated from private open space, and active recreation spaces
such as swimming pools and sports courts, shall count toward
fulfillment of this requirement. The rear yard may count toward
fulfillment of the common open space requirement, provided it is
usable and accessible. Side yards and portions of driveways
which are decorated or interspersed with lawn or other acceptable
groundcover may meet a portion of the requirement, subject to
architectural review, pursuant to Subchapter 5. The minimum
dimension of at least one such space shall be 10 feet in any
d1.rection.
Any practical combination of lawn, pavlng, decklng,
concrete or other serviceable dust-free material shall be used to
surface common open space areas, w1.th a slope of not more than
5%. A minimum of thirty percent (30%) of the common open space
area shall include lawn or other acceptable groundcover.
Required open space may not include publ1.c or private
streets, driveways, or utility easements where the ground surface
cannot be used appropriately for open space or front yards.
Required common open space may be reduced by one square
foot for each additional square foot of private open space added
beyond the required private open space.
(1) Development Review. A Development Review Permit is
required for any development of more than 15,000 square feet of
floor area.
Section 9038.7. 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 5 of this Article.
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.
.
SECTION 7. Subchapter 4Z is added to Chapter 1 of Article
IX of the Santa Monica Municipal Code to read as follows:
Subchapter 4Z. OP-4 Ocean Park Hiqh Multiple Residential
District.
Section 9039.1. Purpose. The OP-4 District is intended
to provide a medium density mul tiple family residential
neighborhood (to 35 dwelling units per gross residential acre)
free of disturbing noises, excessive traffic, and hazards created
by moving automobiles. The OP-4 district is designed to prevent
burden on the public facilities, including sewer, water,
electricity and schools by an influx and increase of people to
the degree larger than the city's geographic limits, tax base or
financial capabilities can reasonably and responsibly
accommodate. The OP-4 district affords protection from
deleterious environmental effects and serves to maintain and
protect the existing character and state of the residential
neighborhood.
Section 9039.2. Permitted Uses. The followlng uses shall
be permitted in the OP-4 Distrlct:
(a) Hospice facilities.
(b) Mult1-family dwelling un1.ts.
(c) One-story Accessory buildl.ngs and structures up to 14
feet l.n height.
(d) Public parks and playgrounds.
(e) Single family dwellings placed on a permanent
foundation (includlng Manufactured housing).
(f) Small family day care homes.
(g) Yard sales, limited to two per calendar year, for
each dwelling unit, for a maximum of two days.
Section 9039.3. Uses Subiect to Performance Standards
Permit. The following uses may be permitted in the OP-4 District
subject to the approval of a Performance Standards Permit:
(a) Large family day care homes.
(b) One-story accessory living quarters, up to 14 feet in
height, on a lot having a minimum area of 10,000 square feet.
ec) Private tennis courts.
(d) Senior group housing.
- 36 -
.
.
Section 9039.4. Conditionally Permitted Uses. The follow-
ing uses may be permitted in the OP-4 District subject to the
approval of a Conditional Use Permit:
(a) Bed and breakfast facilities.
(b) Boarding houses.
(c) Child day care centers.
(d) Clubs or lodges.
(e) Community care facilities.
(f) Libraries.
(g) Municipal parking structures.
(h) Neighborhood grocery stores.
(i) Off1ces and meeting rooms for charitable, youth, and
welfare organizations.
(j) One-story accessory buildlngs over 14 feet in he1.ght
or two story accessory buildings up to a maximum height of 24
feet.
(k) Places of worsh1.p.
(l) Residential care facilities.
(m) Rest homes.
(n) Schools.
(0) Shelters for the homeless.
(p) Underground parking structures provided the lot was
occupied by a surface parking lot at the time of adoption of this
Chapter, the lot is not adjacent to a lot in the C2 District, the
ground level above the underground parking structure is used for
residential or public park and open space uses, the structure is
associated with an adjacent commercially zoned lot, and the
vehicle access to the underground parking is from the
commercially zoned lot and as far from the residentially zoned
lot as is reasonably possible.
section 9039.5.
Prohibited Uses:
(a) Rooftop parking.
(b) Any use not specifically authorized.
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.
section 9039.6. property Development Standards. All
property on the OP-4 Ocean Park High Multiple Residential
Distr1.ct shall be developed in accordance with the following
standards:
(a) Maximum Buildinq Heiqht. 3 stories, not to exceed 35
feet as measured from theoretical grade.
(b) Maximum Unit Density. One dwelling unit for each
1,250 square feet of lot area. An additional unit shall be
allowed if excess lot area equals or exceeds 625 square feet,
after calculating the allowed number of units at 1,250 square
feet of lot area per unit.
(c) Maximum Lot Coveraqe. 50% for lots 4,001 square feet
and larger. 60% for development projects which comply with the
density bonus provisions of Section 9047.3.
(d) Minimum Lot size. 5,000 square feet. Each lot shall
contain a minimum depth of 100 feet and a minimum. W1.dth of 50
feet, except that lots existlng on the effective date of this
Chapter shall not be subject to this requ1.rement.
(e) Front Yard Setback. 15 feet minimum, or 10 feet
min1.IDum lf the average setback of adjacent dwelling(s) is 10 feet
or less. An open one-story, covered or uncovered porch open on
three sides may encroach 6 feet into a front yard with a 15 foot
setback, if the roof does not exceed a height of 14 feet and the
porch width does not exceed 40% of the building width at the
front of the building.
(f) Rear Yard Setback. 15 feet.
(g) Side Yard Setback.
(1) The side yard setback for that portion of a
building with a secondary window, blank wall, or primary window
on a side yard facing the street (i.e., on a corner lot) shall be
determined in accordance with the following formula, subject to
the exceptions set forth below:
5' + (stories x lot width)
50'
(a) On lots of less than 50 feet in width, the
side yard shall be 10% of the parcel width but not less than 4
feet.
(b) On corner lots 50 feet or greater in width,
the side yard setback facing a street shall be a minimum of 10
feet. Covered or uncovered stairways or porches not exceeding
35% of the building frontage on the side street may encroach 5
feet into the required side yard.
(2) The side yard setback for that portion of a
building with a primary windo~ shall be as follows:'
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.
.
(a) For lots less than 50 feet in width, a
minimum setback of 8 feet shall be provided, as long as at all
times a 12 foot separation exists between the primary window and
any adjacent structures:
(b) For lots 50 feet or greater in wldth, a
minimum setback of 12 feet shall be provided.
(3) The second floor sideyard setback above a primary
window shall not project more than 2 feet into the required side
yard setback.
(h) Building Spacing. Buildings that face each other on
the same lot shall be separated by the following minimum
distances: 15 feet if one building has primary windows facing
the other: 25 feet when the windows of primary spaces in both
buildings face each other on the ground or second level, except
15 feet when they are visually separated by a solid wall or
opaque fence over 5 feet six inches in height: 10 feet when
secondary windows face each other or when a secondary window
faces a blank wall.
(i) Landscap1nq. All areas not covered by buildings,
driveways, and sidewalks are to be covered by approprlate
landscaping. All new construction that requires issuance of a
building permit shall be subject to the provisions of subchapter
5B of this Artl.cle.
(j) Usable Private Open Space. All ground-level units
shall have the following minimum amounts of usable prl.vate open
space per unit: 100 square feet for projects consisting of at
least 2 but not more than 7 dwelling units, and 50 square feet
for projects of 8 units or more. Private open space shall
include a deck, yard, patio or combination thereof, which l.S
adJacent to, accessl.ble from, and at the same or approximate
elevation as one or more primary spaces. The minimum dimension
of at least one such private open space shall be no less than 7
feet in any dimension. Private open space shall be screened from
common open space, driveways and adjacent properties by a
substantially opaque wallar fence a minimum of 3 feet 6 inches
and a maximum of 6 feet in height, except in the front yard
setback area.
Required private open space may be reduced by one square
foot for each additional square foot of common open space added
but in no case leaving less than 50 feet of required private
space.
All second floor units shall have a balcony or deck of 50
square feet or more, with a minimum dimension of no less than 7
feet in any dimension, which is adjacent to, accessible from, and
at the same or approximate elevation as one or more primary
spaces of the unit to be served. Roof decks do not meet this
requirement. The railing of the balcony or deck shall be
substantially opaque to protect the privacy of occupants.
,
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.
.
First floor private open space may project into the entire
width of the side yard, and 10 feet into the required depth of
the rear yard. Private open space may project 6 feet into the
required front yard as long as its width does not exceed 30% of
the building width at the front of the building.
(k) Usable Common Open Space. Projects of four or more
units shall include a minimum of 100 square feet per unit of
usable common open space, accessible and available to all project
residents for outdoor activities. Courtyards, entry areas for
two or more units, lawns and play spaces which are physically
separated from private open space, and active recreation spaces
such as swimming pools and sports courts, shall count toward
fulfillment of this requirement. The rear yard may count toward
fulfillment of the common open space requirement, provided it is
usable and accessible. Side yards and portions of driveways
which are decorated or interspersed with lawn or other acceptable
groundcover may meet a portion of the requirement, subj ect to
architectural review, pursuant to Subchapter 5. The minimum
dimension of at least one such space shall be 10 feet l.n any
direction.
Any practical combination of lawn, paving, decking,
concrete or other serviceable dust-free material shall be used to
surface common open space areas, with a slope of not more than
5%. A mlnimum of thirty percent (30%) of the common open space
area shall lnclude lawn or other acceptable groundcover.
Required open space may not include public or private
streets, driveways, or utility easements where the ground surface
cannot be used appropriately for open space or front yards.
Required common open space may be reduced by one square
foot for each additional square foot of private open space added
beyond the required private open space.
(1) Development Review. A Development Review Permit is
required for any development of more than 15,000 square feet of
floor area.
Section 9039.7. 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 subchapter 5B of this Article.
SECTION 8. Section 9040.3 of the Santa Monica Municipal
Code is amended to read as follows:
Section 9040.3.
Limit.
Building Heiqht and Exceptions to Heiqht
(a)
vertically
The
from
maximum allowable height shall be measured
the average natural grade elev~tion to the
- 40 -
.
.
highest point of the roof. However, in connection wlth
development projects in the Ocean Park Distrlcts, building height
shall be measured vertically from the theoretical grade to the
highest point of the roof.
(b) The following shall be permitted to exceed the height
limit in all zoning districts except the R1 District:
(1) Vents, stacks, ducts, skylights and steeples
provided such proj ections do not extend more than 5 feet above
the permitted height in the District.
(2) Legally required parapets, fire separation walls,
and open work safety guard rails that do not exceed 42 inches in
height.
(3) Elevator shafts, stairwells, or mechanical room
enclosures above the roofline if:
a. The enclosure is used exclusively for
housing the elevator, mechanical equipment, or stairs.
b. The elevator shaft does not exceed 14 feet
in height above the roofline and the stairwell enclosure does not
exceed 14 feet l.n height above the height permltted in the
district.
c. The area of all enclosures
structures identified in 9040.3(b) (1) that extend
roofline shall not exceed 25% of the roof area.
and other
above the
d. The mechanical equipment is screened l.n
conformance with section 9040.14.
exceed 12
district.
e. The mechan1cal equipment enclosure does not
feet in height above the height permitted in the
(4) The screening required pursuant to the provisions
of Section 9040.14 of tanks, ventilating fans, or other
mechanical equipment required to operate and maintain the
building provided the total area enclosed by all screening does
not exceed 30% of the roof area.
(5) In all districts, chimneys may extend no more
than tive feet above the permitted height in the district.
SECTION 9. Section 9040.10 of the Santa Monica Municipal
Code is amended to read as follows:
Section 9040.10. One-story Accessory Buildinq (14 Feet
Maximum Heiqht). No accessory building in a residential district
shall be erected, structurally altered, converted, enlarged,
moved, or maintained unless such accessory building is located on
the lot in conformance with the following regulations. Accessory
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.
.
bui ldings shall include greenhouses, storage sheds, workshops,
garages, and other structures that are detached from the main
building.
(a) The accessory building shall be located on the rear
half of the lot and shall not extend into the required side
yards.
(b) The accessory building may be located in a required
rear yard, but shall be at least 5 feet from any lot line. A
garage or garage portion of an accessory building may extend up
to one interior side property line on the rear 35 feet of a lot.
A garage or garage portion of an accessory building may extend to
the rear property line abutting an alley provided vehicle access
is not taken from the alley.
(c) The accessory building shall be located not less than
15 feet from the center line of a rear alley.
(d) On a reversed corner lot, the accessory building shall
not be located nearer to the street side lot llne of such corner
lot than one-half of the front yard depth required on the key
lot, nor be located nearer than fl.ve feet to the sl.de lot llne of
any key lot.
(e) Any accessory bUllding on a through lot shall not
project into any front yard and shall not be located in any
required side yard.
(f) Where the elevation of the ground at a point 50 feet
from the front lot line of a lot and midway between the side lot
lines differs 12 feet or more for the curb level, a prlvate
garage, not exceeding one-story nor 14 feet ln height, may be
located within the required front yard, provided every portion of
the garage building is at least fl.ve feet from the front property
line and does not occupy more than 50% of the width of the front
yard.
In all OP-Districts, a garage or garage entrance on a lot
wi th a theoretical grade change of 10 feet or more may be set
back a distance equal to the average garage setback of adjacent
garage(s) but not less than five (5) feet, when the garage width
does not exceed 20 feet and the height does not ex:ceed eleven
(11) feet for a flat roof and fourteen (14) feet for a pitched
roof.
(g) Accessory living quarters shall be permitted only on
Rl lots of 10,000 square feet or more pursuant to the provisions
of Section 9050.8~ No kitchen or full bath containing a shower
or tub enclosure shall be permitted. However, if there is a
swimming pool or spa located on the premises, a shower which is
outside or which is accessed only from the outside may be
permitted.
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-.
.
(h) No accessory building, including accessory ll.ving
quarters, shall have kitchen facilities or be rented or otherwise
used as a separate dwelling.
SECTION 10. section 9040.17 of the Santa Monica Municipal
Code is amended to read as follows:
section 9040.17. Unexcavated Area in Side Yards. On any
lot in the R2, RJ, R4, RVC, OP-2, OP-J, OP-4, and BCD Districts,
or any commercial or indus~rial iot which dl.rectly abuts a
residentially zoned lot not used for commercial parking purposes,
having a width of 50 feet or greater, there shall be provided and
maintained an unexcavated area equal to 4 feet in width along the
entire length of at least one of the side property lines and for
lots in excess of 70 feet in width, the un excavated area shall be
provided and maintained along the entire length of both side
property lines. Subterranean, semi-subterranean parking
structures, basements, and other subterranean facilities may not
proj ect into any portl.on of the required unexcavated area. At
least 50% of the surface area of the unexcavated area shall be
landscaped pursuant to the provisions of Subchapter 5B.
On any lot l.n an OP-Distrl.ct that has a width of less than
fl.fty (50) feet, and which is developed with at least three (3)
units, no side yard setback for subterranean or semi-subterranean
parking structures or basements is required. However, at least
fifty percent (50%) of the excavated area shall be landscaped
with appropriate groundcover and plant mater1als in containers.
SECTION 11. Sectl.on 9040.18 of the Santa Mon1ca Munlc1pal
Code is amended to read as follows:
Section 9040.18. Proiections Permitted l.nto Requl.red
Yards. The following chart sets forth the allowances for various
projections permltted into the required yards in residential,
industrial, and commercial districts. Projections shall not be
permitted closer than 4 feet to any property line. Projections
as listed below into existing, non-conforming yard areas shall be
permitted only if the projection does not extend closer to the
property line than would be permitted if the yard area conformed
to current standards. The various types of projections and the
limitations on such projections l.nto required yards are as
follows:
Projections
Front
Yard
street
Side Yard
Interior
Side Yard
Rear
Yard
Eaves, awnings,
canopies, sun shades,
sills, cornices, belt
courses, trellises,
arbors, and other
30"
30"
lS11
4'
\
\
.
.
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.
similar architectural
features
Flues, chimneys,
water heater
enclosures, and
similar vertical
architectural
projections not more
than 5' wide
parallel to the
side yard and that
do not exceed 20% of the
facade width
Patios, porches, 6'
platforms, decks,
unexcavated side yard
area, and other
unenclosed areas not
covered by a roof or
canopy and that may be
raised above the level of
the adjacent grade but
do not extend more than
3' above the average
natural grade
Balconies, and
stairways that are
open, unenclosed on
at least two sides
Greenhouse windows
and bay windows
that are not greater
than 6' wide parallel
to the side yard
Required fire
escapes
Porte cochere not
more than 20' long
and open on three
sides except for
necessary structural
supports and not more
than 16 feet in height.
.
18" 1811 18" 18 II
For structures with conforming setbacks
1211 1211 1211 1211
For structures with non-conforming
setbacks
6'
No Limit
6'
3011
0'
4 '
JOII
18" 1811 18" 18"
Provided the structure has a conforml.ng
setback
Not permitted
12" or 2" 4'
per l' of
required
side yard
whichever is
greater
Not permitted in front yard.
Permitted in side and rear yard.
- 44 -
.
Mail box cc:nopy
not more than
10' long.
Recreational vehicle
storage,
central air
conditioning,
swimming pool,
spa equipment.
Second floor decks,
patios or balconies,
covered or uncovered,
adjacent to primary
living spaces in op-
Districts.
.
3011
30'_1
4'
30n
Not permitted in front or side
yard areas. Permitted anywhere
in rear yard area.
30"
30"
30"
4'
SECTION 12. Sectlon 9040.41 is added to the Santa Monica
Municipal Code to read as follows:
section 9040.41. Roof Decks l.n the OP-Districts. In the
OP-Districts, the handrail surrounding a roof deck shall be set
back from the side yard a minimum of 8 feet.
SECTION 13. section 9041.2 of the Santa Monica Municipal
Code is amended to read as follows:
section 9041.2 Applicability. In all districts except the
R1 and R2R residential distrl.cts, but including the RIA lots
developed for parking uses, no building, structure, parking lot,
storage yard, or other site improvements shall be erected,
constructed, converted, established, altered, remodeled,
enlarged, or otherwise modified, nor shall any lot or premises be
used or occupied until such time as the premises are suitably
landscaped in accordance with this Subchapter. In the RIA,
OP-1A, OP-2A, OP-3A, and OP-4A Districts, lots developed for
parking uses, prior to issuance of a building permit, landscaping
and irrigation plans shall be submitted to the Architectural
Review Board for review and approval in a manner prescribed by
the Zoning Administrator. An existing building non-conforming as
to site landscape standards may be modified without complying
with these standards provided that the building is not
substantially remodeled.
SECTION 14. Section 9041.6 of the Santa Monica Municipal
Code is amended to read as follows:
Section 9041.6.
Sites.
Required Landscape Area for Building
(a)
districts,
In all residential districts, including the Rl and R2R
but excluding the OP-l, OP-Duplex, OP.J.2, OP-3, and
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.
.
OP-4 Districts, a minimum of 50% of the required front yard
setback shall be landscaped. In OP-l, OP-2, OP-3, and OP-4
Districts, all areas not covered by sidewalks, driveways,
porches, garages, or buildings, shall be treated as landscaped
area, as defined in this Chapter.
(b) In all commercial districts, all new constructl.on or
substantial remodeling of the existing improvements on the lot
shall provide and maintain a landscaped area averaging at least
10 feet, but at no point less than 5 feet, adjacent to and
visible from all public street rights-of-way.
(c) For all new construction or major remodeling in the C5
Special Official District, a landscaped area at least 15 feet
wide shall be provided and maintained immediately adjacent to all
property lines adjacent to streets or rights-of-way except in
required driveway or other access areas.
SECTION 15. section 9044.10 of the Santa Monica Municipal
Code is amended to read as follows:
Sectlon 9044.10. Driveways.
(a) For purposes of this section:
(1) A drlveway l.S defined as an access drive lead1ng
from a public street or right-of-way to a parking area, or from
one parklng area to another, but not including any ramp, a1s1e,
maneuvering area or driveway approach.
(2) A single vehicle in either d1rection, and a
double driveway is a driveway designed to accommodate two
vehicles at the same time in opposite directl.ons.
(3) A ramp is defined as an access driveway leadl.ng
from one parking level to another.
(b) Dri veways in the Rl Single Family District and the
OP-l Single Family District shall not be less than 10 feet in
width. The driveway width shall be maintained free and clear of
all obstructions.
(c) In the R2, R3, R4, RVC, OP-l, OP-Duplex, OP-2, OP-3,
OP-4, and MXD Districts, driveways shall conform to the
following standards:
Single Driveway
10 foot minimum
Double Driveway
20 foot minimum
The minimum number and type of driveways required to be provided
shall be determined based on the number of parking spaces
contained in any given parking area according to the following
standard:
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.
1 to 20 spaces
21 to 40 spaces
41 to 80 spaces
81 spaces and over
.
1 single driveway
1 double driveway
2 double driveways
number and type of
driveway to be approved
Traffic Engineer.
The driveway width shall be maintained free and clear of all
obstructions.
(d) In all commercial and industrl.al distr1cts, driveways
shall conform to the following standards:
Single Driveway
Double Driveway
12 foot minimum
20 foot minimum
The minimum number and type of driveway required to be provided
shall be determined on the number of parking spaces contained in
any given parking area according to the following standard:
1 to 20 spaces
21 to 40 spaces
41 to 80 spaces
81 spaces and over
1 single driveway
1 double driveway
2 double driveways
number and type of
driveway to be approved
Traffic Engineer.
The driveway width shall be maintained free and clear of all
obstructions.
(e) In all d1stricts, ramps with one-way traffl.c shall be
not less than 14 feet in wl.dth and ramps with two way traffl.c
shall be not less than 20 feet in width.
(f) In all districts where mature street trees exist, the
Zoning Administrator and the Parking and Traffic Engineer may
reduce the driveway width as necessary and practical to preserve
the existing street trees.
SECTION 16. section 9044.21 of the Santa Monica Municipal
Code is amended to read as follows:
section 9044.21. Semi-Subterranean Parkinq structures. A
parking structure shall be considered to be semi-subterranean if
the structure is partially underground and if the finished floor
of the first level of the building or structure above the parking
structure does not exceed three feet above the average natural or
existing grade of the lot, except for openings for ingress and
egress. A semi-subterranean parking structure shall not be
counted as a floor or story for calculating building height. All
semi-subterranean parking structures shall be constructed and
maintained as follows:
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.
.
(a) All openings for ingress and egress facing the front
lot line shall be situated at or behind the front building line
of the main building, except for the OP-l, OP-Duplex, OP-2, OP-3,
and OP-4 Districts where front yard setback standards apply.
There shall be no more than two openings facing the front lot
line for each main building.
(b) On lots less
semi-subterranean parking
property lines.
than 50 feet l.n
structure may extend
width,
to both
the
side
(c) Exits from any semi-subterranean parking structure
shall provide sight distance which comply with standards
established by the Parking and Traffic Engineer.
SECTION 17. Subchapter 5H is added to Chapter 1 of Article
IX of the Santa Monica Municipal Code to read as follows:
Subchapter 5H. Density Bonuses.
section 9047.1. Purpose. The City supports the
development of affordable houslng in all multiple resl.dentl.al
districts, consistent with the purposes of those districts,
lncluding prevention of traffic congestion and maintenance of the
existing character and state of neighborhoods. The standards
outlined in this subchapter are intended to allow for the
inclusion of affordable rental housing within market-rate
multiple family housing projects. Proposed proJects may include
more units than allowed by right under each district's property
development standards, provided that all additional units are
made available to lower income households as requl.red by this
subchapter. In addi tl.on to density bonuses permitted by state
law, the City deSlres to have special density bonuses for the
Ocean Park Districts.
Section 9047.2. Ocean Park Density Bonuses. Density
bonuses shall be awarded for affordable housing projects in the
following districts according to the following formulas:
(a) OP-2 District. Projects of 4 or more units may be
developed with up to 75% more units than allowed by the district
density standards when all of the density bonus units are
permanently deed-restricted for low income households. Projects
of 3 units may receive a bonus of one unit when the density bonus
unit is permanently deed-restricted for a middle income
household. A density bonus of 25% as mandated by the State of
California is available for projects of 5 or more units, which
meet state requirements, but do not meet the standards of this
subsection.
(b) OP-3 and OP-4 Districts. Projects of 4 or more units
may be developed with 50% more units than allowed by the district
density standards when all of the density bonds units are
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.
permanently deed-rest~icted for low income households. Projects
of 3 or 4 units may receive a bonus of one unit when the density
bonus unit is permanently deed-restricted for a middle income
household. A density bonus of 25% as mandated by the State of
California is available for projects of 5 or more units, which
meet state requirements, but do not meet the standards of thl.S
subsection.
(c) In calculating density bonus units, all fractional
units shall be rounded up to the next highest whole number of
units.
SECTION 18. Section 9113.3 of the Santa Monica Municipal
Code is amended to read as follows:
Section 9113.3. Applicability. The Zoning Administrator
may grant a variance from the requirements of this Chapter to:
(a) Permit modification of the minimum lot sizes, minimum
lot dimensions, and lot coverage regulations as may be necessary
to secure an appropriate improvement on the lot.
(b) Permit the reduction of the automobile parklng space
or loading space requirements.
(c) In residential dl.str1cts, permit the addition or
enlargement of an existing bUl.lding, non-conforming as to yard
setbacks on lots less than 5,000 square feet, provl.ded that the
addition or enlargement does not exceed 25 per cent (25%) of the
floor area of the existing non-conforml.ng buildl.ng and provided
that it is not a second floor addition to a structure in the Rl
District.
(d) Perml.t the modification of fence heights in comrnerclal
and residential districts.
(e) Permit the modification of yard setbacks on
irregularly shaped lots or lots where the elevation of the ground
at a point 50 feet from the front lot line of a lot and midway
between the side lot lines differs 12 1/2 feet or more from the
curb level.
(f) Permit the modification of the sideyard setback for
primary windows in the OP-2, OP-3, and OP-4 Districts when the
imposition of the required setback would severely constrain
development on the project, and an alternative setback would
still satisfy private open space requirements and maintain
privacy for the occupants of the project.
SECTION 19. Subchapter lOP is added to Chapter 1 of
Article IX of the Santa Monica Municipal Code to read as follows:
Subchapter lOP. Yard Modification Permits.
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section 9151.1. Purpose. A yard modification permit is
intended to permit a reduction in the minimum side yard, rear
yard, or building spacing, in order to accommodate housing
development on the rear portion of lots in ~he OP-2, OP-3, and
OP-4 zone districts where the front portion of the lot is
occupied by an existing single family dwelling. Retention of
existing single family dwellings is encouraged by allowing
variations in selected property development standards for new
dwellings.
Section 9151. 2. Application. An application for a yard
modification permit in the OP-2, OP-3, or OP-4 District shall be
filed in a manner consistent with the requirements contained in
subchapter lOJ.
Section 9151.3. Applicability. The Zoning Administrator
may grant a yard modification permit for a project in the OP-2,
OP-3, or OP-4 District according to the following minimum
standards for lots where there is an existing single family
dwelling:
(a) Minimum Side Yard. The minimum side yard setback
shall be 3 feet, if prlvacy, sunlight, and air circulation are
not jeopardized for neighboring land uses or future proj ect
occupants.
(b) Minimum Buildinq Spacing. The mlnl.mUm spac1ng
between the eXl.sting single family dwelling and new housing, or
between two new structures on the lot, shall be 10 feet.
(c) Minimum Rear Yard. The ml.nimum rear yard setback
shall be 5 feet for lots without alley access. The minimum rear
yard setback for lots with alley access shall be not less than 15
feet from the centerline of the alley.
(d) Architectural Compatibility. New housing should be
designed to be compatible in scale, character and use of
materials with the existing single family dwelling.
(e) Retention of Sinqle Family Dwellinq. The existing
single family dwelling shall be retained and will not undergo a
substantial remodel.
Section 9151.4. Hearinqs and Notice. Subject to the
provisions of Section 9131.2, upon receipt in proper form of a
Yard Modification Permit Application, a public hearing before the
Zoning Administrator shall be set not less than 10 days nor more
than 60 days after the application is determined to be complete,
and notice of such hearing shall be given to all property owners
and tenants within 300 feet of the exterior boundaries of the
property involved in a manner consistent with Subchapter lOK.
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section 9151.5. Commencement of Use. The rights granted
by the Yard Modification Permit shall be effective only when
exercised within the period established. as a condition of
granting the Yard Modification Permit or, in the absence of such
established time period, - one year from the date the permit
becomes effective. This time limit may be extended by the Zoning
Administrator for good cause for a period not to exceed 6 months
upon written request by the applicant.
section 9151.6. Revocation. The Zoning Administrator may,
or upon direction from the Planning Commission, revoke any
approved Yard Modification Permit in accordance with the
following procedures:
(a) A revocation hearing shall be held by the Zoning
Administrator. Notice of the hearing shall be published once in
a newspaper of general circulation within the City and shall be
served either in person or by registered mail on the owner of the
property and on the permit holder at least 10 days prior to such
hearing. The notice of hearing shall contain a statement of the
specific reasons for revocation.
(b) After the hearing, a Yard Modificatl.on Perm1t may be
revoked by the Zoning Administrator, or by the Plann1ng
commission on appeal or reVl.ew, if anyone of the following
findings are made:
(1) That the Yard Modification Permit was obtained by
misrepresentation or fraud.
(2) That the use for which the Yard Modification
Permit was granted has ceased or has been suspended for six or
more consecutive calendar months.
(3) That the conditions of the permit have not been
met, or the permit granted is being or has recently been
exercised contrary to the terms of the approval or in violation
of a specific statute, ordinance, law or regulation.
(c) A written determination of revocation of Permit shall
be mailed to the property owner and the permit holder within 10
days of such determination.
Section 9151.7. Appeals. The approval , conditions of
approval, denial, or revocation of a Yard Modification Permit may
be appealed to the Planning Commission if filed within 14
consecutive calendar days to the date the decision is made in the
manner provided in Subchapter 10L.
SECTION 20. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
\
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further, are hereby repealed or modified t~ that extent necessary
to affect the provisions Of. this Ordinance.
SECTION 21. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 22. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from l.ts adoption.
APPROVED AS TO FORM:
~ l'f\. wY~~ -
R?BERT M. MYERS
C1ty Attorney
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REVISED EXHIBIT N
(wi IIIV1(llfj$ ~howl,
~,)
CA:RMM:LLD554/hpc
city Council Meeting _ __-89
Santa Monica, California
ORDINANCE NUMBER
(city council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING MUNICIPAL CODE SECTIONS
9000.3, 9040.3, 9040.10, 9040.17, 9040.18, 9041.2,
9041.6, 9044.10, 9044.21, AND 9113.3 AND ADDING
SECTIONS 9002.10, 9035.1 THROUGH 9035.7, 9036.1 THROUGH 9036.7,
9037.1 THROUGH 9037.7, 9038.1 THROUGH 9038.7,
9039.1 THROUGH 9039.7, 9040.41, 9047.1 THROUGH 9047.3,
AND 9151.1 THROUGH 9151.7 TO THE SANTA MONICA
MUNICIPAL CODE RELATING TO ZONING REGULATIONS FOR
THE OCEAN PARK AREA
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. section 9000.3 of the Santa Monica Munl.cipal
Code is amended to read as follows:
Section 9000.3. Definitions. The
phrases as used in th1s Chapter shall
meanings:
following
have the
words or
following
Accessory Buildinq. A detached building which is located
on the same lot as the principal building and is incidental and
subordinate to the principal building in terms of both size and
use.
Accessory Living Quarters. Living quarters within an
accessory building for the sole use of persons employed on the
premises or for use by quests 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.
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Act of Nature. A natural occurrence such as an earthquake,
flood, tidal wave, hurricane or tornado which causes substantial
damage to buildings or prop~rty.
Altered Grade. A change in the elevation of the ground
surface from its natural state due to grading, excavation or
filling.
Arcade. A public passageway or colonnade open along at
least one side, except for structural supports, usually covered
by a canopy or permanent roofing.
Art Gallery. A room or structure in which original works
of art or limited editions of original art are bought, sold,
loaned, appraised, or exhibited to the general public.
Artist studio. A room or structure in which original works
of art are created on site. Living quarters for the artist may be
permitted provided the area devoted to living quarters does not
exceed 50% of the square footage of the total studiQ space.
Attic. The area located above the ceiling of the top story
and below the roof and not usable as habitable or commercial
space.
Auditorium. A building or room designed to accommodate
groups of people for meetings, performances or events.
Automobile Center. A grouping of individual automobile
dealerships offering a variety of automobile makes and models
proposed as a single development project.
Automobile Dealership. Any business establishment which
sells or leases new or used automobiles, trucks, vans, trailers,
recreational vehicles, boats or motorcycles or other similar
motorized transportation 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 Display Lot. Any property used for the display,
lease and sale of new or used automobiles, light trucks, vans,
trailers, recreational vehicles, motorcycles, boats or other
similar vehicles.
Automobile Repair Facility. Any building, structure,
improvements or land used for the repair and maintenance of
automobiles, motorcycles, and trucks including but not limited to
body, fender, muffler, or upholstery work, oil change and
lubrication, painting, tire service and sales, or the
installation of CB radios, car alarms, stereo equipment, or
cellular telephones.
Automobile Sales Facility. See Automobile Dealership.
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Automobile storage Lot. Any property used for short or
long term parking of vehicles for sale or lease at an automobile
dealership.
Automobile Washinq Facility. Any building, structure,
improvement or land principally used for washing motor vehicles.
Automobile Rental Agency. Any business establishment which
rents or otherwise provides motorized transportation vehicles on
a short-term basis typically for periods of less than one 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.
Averaqe 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. Howev~r, in_ connection wi th 1
[ development p~ojects in the Ocean Park Districts, ~verage natural
grade shall have the same meaning as "theoreticai qraae," or
"'gracur;- theoretical. II
Awninq. 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 42 inches in height.
Basement.
first floor.
finished first
natural grade.
The portion of a structure below the flnished
A basement shall be considered a story if the
floor extends more than 3 feet above the average
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.
Boardinq 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.
Buildinq. 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.
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Buildinq Bulk. The aggregate of three dimensional forms
making up a building.
Building Coveraqe. 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 with development pro;ects in the Ocean
~ark Districts, buildin9 hei9ht" shall mean the vertical distance
measured from the theoretical qrade to the hishest point of the
roof.
Buildinq Mass. Three dimensional forms,
which are cubes, boxes, cylinders, pyramids
building is rarely only one of these simple
generally a composite of these forms.
the simplest of
and cones. A
forms, and is
Building, Principal. A building in which the principal use
of the lot on which it is located is conducted.
Buildinq Size. The aggregate of building mass and building
bulk permitted on a lot which 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.
Chanqe 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.
Child Day Care Center. Any child day care facility, other
than a family day care home, that provides care, protection, and
supervision for more than six children for periods less than 24
hours per day and where the owner or operator does not reside at
the child day care establishment. Child day care centers shall
include infant centers, preschools, nursery schools, and extended
day care facilities.
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.
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,- Common Open Space. Usable open space which is for the use
l of the residents of two or more dwelling units.
Community Care Facility. Any facility, place, or building
which is maintained and operated to provide non-medical
residential care, adult day care, or home finding agency services
for children, adults, or children and adults including but not
limited to the physically handicapped, mentally impaired, or
incompetent persons, and includes the following:
(1) "Residential Care Facility" means any family home,
group care facility for 24-hour non-medical care to persons 18
years of age or older in need of personal services, supervision,
or assistances essential for sustaining the activities of daily
living or for the protection of the individual.
(2) "Adult Day Care Facility" means any facility which
provides non-medical care to persons 18 years of age or older in
need of assistance essential for sustaining the activities of
daily living or for the protection of the individual on less than
a 24-hour basis.
Conditional Use Permit. A discretionary permit obtained 1n
accordance with Subchapter 10F, permitting the establishment of
particular uses in a zoning district.
Cultural Facilities. Museums, galleries, theaters and the
like, which promote educational and aesthetic interest within a
community.
Drive-Throuqh or Drive-In Restaurant. A restaurant where
customers may be served food in their vehicles for consumption
either on or off the site.
Duplex. One structure on a single lot containing two
dwelling units, each of which is functionally separated from the
other.
Dwelling. A structure or portion thereof which is used
principally for residential occupancy.
Dwellinq, MUlti-Family. A dwelling containing two or more
dwelling units.
Dwelling, Single-Family. A
dwelling unit which contains only
located on a permanent foundation.
building containing one
one kitchen and which is
Dwellinq Unit. One 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 habitable room together with kitchen or
kitchenette and bathroom facilities.
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.
Electric Distribution Substation. An assembly of equipment
which could include fuel cells and microwave, cable, radio and/or
other communication facilities as part of a system for
distribution of electric power where electric energy is normally
received at a sub-transmission voltage and transformed to a lower
vol tage, 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 3 feet above the
average natural grade.
Floor Area. The total gross horizontal areas of all floors
of abuilding, including usable basements below the roof and
measured from the interior face of exterior walls, or a wall
separating two buildings excluding:
(1) Stairways and stairwells.
(2)
shafts.
Elevators, elevator equipment rooms, and elevator
(3) Ramps to a subterranean or semi-subterranean parking
structure or ramps between floors of a parking structure
providing the ramp does not accommodate parking.
(4) Unenclosed decks, balconies, and platforms not used
for commercial or restaurant activity.
(5) Exterior courtyards, arcades, atria, paseos,
walkways, and corridors whether or not covered by a roof provided
they are not used for commercial or restaurant activity.
(6) The volume above interior courtyards, atria, paseos,
walkways, and corridors whether covered or not.
(7) Subterranean and semi-subterranean parking structures
used exclusively for parking and loading and unloading.
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(8) At grade parking not covered by a building,
structure, or roof.
(9) Loading docks open or covered by a roof or canopy,
but otherwise unenclosed and used exclusively for loading and
unloading..
(10) Mechanical equipment rooms, electr ical rooms,
telephone rooms, and similar space if located below grade.
Floor area shall include those areas occupied by the
following:
(1) Restrooms, lounges, lobbies, kitchens, storage areas,
and interior hallways and corridors.
(2) The floor area of interior courtyards, atria, 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 of the actual area if all of the following
conditions are met:
(1) The floor devoted to parking does not exceed 10 feet in
height.
(2) There is at least one level of subterranean or
semi-subterranean parking provided on the lot.
(3) The at-grade and above grade parking levels are
screened from view.
(4) There is no parking on the ground floor within 40 feet
of the front property line.
(5) 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 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.
Garaqe.. 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.
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Garaqe, Semi-Subterrane<?-n. A structure used for parking
and storage of vehicles located partly underground, with the
finished floor of the first level of the structure not more than
three feet above the average natural or exi_sting grade of the
lot, except for openings for ingress and egress.
Garage, Subterranean. A structure wholly or partly
underground, the ceiling of which is not more than two feet above
the average natural grade, except for openings for ingress and
egress.
General Retail. Businesses which are engaged in selling
goods or merchandise to the general public and which provides
services incidental to the sale of such goods.
[
Grade, Theoretical. An imaginary line from the midpoint of
the lot on the front property line to the midpoint of the lot on
the rear property line.
Gradinq. Any stripping, cutting, soil removal, filling, or
stockpiling of earth or land.
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 inches to three feet.
Ground Floor. The first level of a building other than a
basement.
Ground Floor Street Frontage. The first level of a
building, other than a basement, to a depth of no less than 50
feet of the front of the lot.
Habi table Space. Space
sleeping, eat1ng, or cooking.
storage or utility space, and
habitable space.
in a dwelling unit for living,
Bathrooms, closets, halls,
parking areas are not considered
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.
Hedqe. A barrier of plant material functioning as an
enclosure or used for screening.
Home Occupation. A home enterprise in a residential
dwelling unit incidental and secondary to the use of the dwelling
unit and compatible with surrounding residential uses.
Home Occupation Permit. An administrative permit obtained
in accordance with Subchapter lOB to allow a home occupation.
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Hospice. A facility that provides residential living
quarters for up to six terminally ill persons. A hospice is a
permitted use in all residential districts.
Hotel. A building, group of buildings, or a portion of a
building which is designed for or occupied as the temporary
lodging place of individuals for less than 30 consecutive days
including, but not limited to, an establishment held out to the
public as an apartment hotel, hostel, inn, time share proj ect I
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 Service. Any building, roolD, space, or
portion thereof where food is sold at retail where less than 250
square feet (interior and exterior) is utilized for on-site
consumption of any food or beverage, including seating, counter
space or other eating arrangement.
Kitchen. A room or space within a building intended to be
used for cooking or preparing food.
Landscaped Area. The area within the boundaries of a given
lot which consists of living plant material including, but not
1 imi ted 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.
Larqe Family Day Care Home. A home which provides family
day care to 7 to 12 designated children dally, inclusive,
including children who reside at the home.
Liqht Manufacturinq. 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.
Li vinq Area. The interior habitable area of an existing
principal dwelling unit including basement and shall not include
a garage.
Livinq Quarters. A structure or portion thereof which is
used principally for human habitation.
Loadinq Space. An off-street space or berth on the same
lot with a building for the temporary parking of a vehicle while
loading or unloading of goods.
Loft. See Mezzanine.
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Lot. A lot.
Low Income Household. A household whose gross annual
income is between 51% and 80% of the median income of the Los
Angeles-Long Beach-Anaheim Primary Metropolitan statistical Area
(PMSA), as determined periodically by the u.s. Department of
Housing and Urban Development (BUD), adjusted for household size.
Manufactured Housinq. A residential structure
off-site and moved to a designated site for placement
permanent foundation.
built
on a
Mezzanine. An intermediate level without walls or
partitions, placed in any story or room and open to the space
below. When the total area of any such mezzanine floor exceeds
33 1/3 percent of the of the total floor area in that room, it
shall constitute an additional story. The clear height above or
below a mezzanine floor shall not be less than 7 feet. No more
than one continuous mezzanine may be permitted in anyone room.
A mezzanine shall be considered a loft.
Middle Income Household. A household whose gross annual
income is 100% of the median income of the Los Angeles-Long
Beach-Anaheim Metropolitan Statistical Area (PSMA), as determined
periodically by the U.S. Department of Housing and Urban
Development (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 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 dismantl ing , body and
fender work, welding, repair of tops, seat covers, and
upholstery, auto glass work, painting, rebuilding batteries, tire
recapping or retreading, and similar work.
Mixed Use Development. The development of a lot or
building with two or more different land uses such as, but not
limited to a combination of residential, office, manUfacturing,
retail, public, or entertainment in a single or physically
integrated group of structures.
Mobilehome Park. See Trailer Park.
Moderate-Income Household. A household whose gross
annual income is between 81% and 120% of the median'income of the
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.
Los Angeles-Long Beach-Anaheim Primary Metropolitan statistical
Area (PMSA), as determined periodically by the u.s. Department of
Housing and Urban Development (RUD), adjusted for household size.
Motel. An establishment providing transient accommodations
containing six or more rooms with at least 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
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.
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 this Chapter or any amendment thereto, but
which fails to conform to the present requirements of the zoning
district.
Nursinq 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.
outdoor storaqe. The keeping, in an unroofed area, of any
goods, junk, material, merchandise, or vehicles in the same place
for more than 72 hours.
Overlay District. A zoning designation specifically
delineated on the 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,
which transmits and receives electromagnetic waves by line of
sight.
1. Groundmounted Dish Antenna. A parabolic antenna, the
entire weight of which is supported by an approved platform,
framework, pole, or other structural system, which system is
affixed directly on or in the ground by a foundation and which
system is freestanding, excluding lateral bracing to a building.
2. Height. The vertical distance between the highest
point of an antenna when actuated to its most vertical position
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.
and grade below, for a groundmounted dish antenna, and to the
roof below for a roofmounted dish antenna. -
3. Microwave Relay Antenna.
antenna, typically disc or double
element external to the disc, that
with another similar antenna.
A transmitting and receiving
convex shaped with no active
communicates by line of sight
4. Reasonable Functional Use. That positioning of a
parabolic antenna which permits substantially unobstructed line
of sight with geosynchronous orbiting satellites from or to which
the dish antenna receives or transmits electromagnetic waves.
5. 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 or more structural members of the roof of the
building or to any structural portion of the building above the
roofline.
6. Satellite Earth Station Antenna.
receives or transmits communications by line
geosynchronous orbiting satellite.
An antenna that
of sight with a
7. Screening. The effect of locating a parabolic antenna
behind a building wall, fence, landscaping, berm, and/or other
specially designed device so that view of the dish antenna from
adjoining and nearby public street rights-of-way and private
properties is precluded or minimized to the extend reasonable
8. TVRO Antenna. Television receiving only antenna.
Parapet. A low wall or railing not exceeding 42 inches
above the roof and along its perimeter.
Parcel. A portion of land separated from other portions of
land by legal description, as on a subdivision or record of
survey map, or by metes and bounds. Parcel shall also include
two or more lots combined to be used, developed, or built upon as
a unit as provided for in Section 9002.1.
Parcel Area. The total area within the property lines of a
parcel, excluding any street or alley right-Of-way.
Parcel, Corner. A parcel of land abutting two or more
streets at their intersection, or upon two parts of the same
street forming an interior angle of less than 135 degrees.
Parcel Coveraqe. That portion of the parcel that is
covered by buildings and structures. Parcel coverage shall
include that area of the parcel directly below any upper level of
a building or structure that is cantilevered beyond the edge of
the first level of the building or structure.
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.
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-ot-way or driveway.
Parcel Frontaqe. The width of the front parcel line
measured at the street right-of-way.
Parcel, Key. The first interior parcel to the rear of a
reversed corner parcel and not separated therefrom by an alley.
Parcel Line. A line of record bounding a parcel which
divides one parcel from another parcel or from a public or
private street or any other public space.
Parcel Line, Front. The parcel line separating a parcel
from a street right-of-way. In the case of a corner parcel, the
line separating the narrowest street frontage of the parcel from
the street shall be considered the front.
Parcel Line, Rear. The parcel line opposite and most
distant from the front parcel line: or in the case of triangular
or otherwise irregularly shaped parcel, a line ten feet in length
entirely within the parcel, parallel to, and at a maximum
distance from the front parcel line.
Parcel Line, side. Any parcel line other than a front or
Tear 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 parallel
streets or which fronts upon two streets which do not intersect
at the boundaries of the parcel.
Parcel Width. The horizontal distance between the side
lines of a parcel measured at right 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.
(e) Visibility into buildings at the streeo level.
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.
(d) Highly articulated facade~ at the street level with
interesting uses of material, color, and architectural detailing.
(e) Continuity of the sidewalk with a minimum of
intrusions into the pedestrian right-of-way.
(f) Continuity of building facades along the street with
few interruptions in the progression of buildings and stores.
(9) 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, such as reservations with
restaurants, beauticians or optometrists to avoid being turned
away due to unavailability.
Penthouse. A structure not exceeding 14 feet in height
located on the roof of a building used for the purpose of
sheltering mechanical equipment or vertical shaft openings in the
roof.
Performance Standards Permit. An administrative permit
obtained in accordance with Subchapter 100.
Permitted Use. Any use allowed in a Zoning district and
subject to the restrictions applicable to that Zoning district.
Place of Worship.
buildings or structures,
primarily intended for
accessory uses associated
A building or structure, or groups of
which by design and construction are
conducting religious services and
therewith.
Planning Commission. The seven member body responsible for
carrying out functions with respect to planning and zoning as may
be prescribed by this Article.
Porte Cochere. A roofed structure extending from the
entrance of a building over an adjacent driveway, the purpose of
which is to shelter persons entering and exiting a building.
Primary Space. Living room, dining room, family room,
library, or similar such activity room in a dwelling unit.
Primary Window. A glazed surface whose area is larger than
any other glazed surface in a room which serves as a primary
space.
Principal Use. The primary or predominant use of any site.
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.
Photocopy Shop. An establishment that reproduces or prints
documents. A print shop shall be considered to be the same as a
photocopy shop.
Private Club or Lodqe. 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 membership
requirement is payment of a membership or admission fee.
Private Tennis Court. A tennis court which is used for
non-commercial purposes by the owner of the property or their
guests.
Public Land. Any government owned land, including but not
limited to public parks, beaches, playgrounds, trails, paths,
schools, public buildings, and other recreational areas or public
open spaces.
Public utility Service Center and Service Yard. Any
building or property used for the adm1nistratl.on of public
utility repair, maintenance, and installation crews, warehouse,
storage yard or maintenance garage including vehicle parking of a
public utility.
Residential Care Facility. A group housing arrangement
chosen voluntarily by residents over 60 years of age, but also
including persons under 60 with compatible needs, who are
provided varying levels and intensities of care and supervision
or personal care, based upon their varying needs, as determined
in order to be admitted and remain in the facility.
Residential Use. One or more rooms designed, occupied, or
intended for occupancy as primary living quarters in a building
or portion thereof.
Restaurant. Any building, room, space, or portion thereof
where food 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 24 or more consecutive hours to two or more
patients who are not related to the governing authority or its
members by marriage, blood, or adoption.
Roof. That portion of a building or structure above walls
or columns that shelters the floor area or the structure below.
Sani tarium. An institution for the treatment of persons
with chronic and usually long term illnesses.
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[
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 storaqe 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 62 years of age or more.
Senior Group Housinq. 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.
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
serv1ce stations providing full-service or self-service stations.
Setback. The distance between the lot line and a building
not including permitted projections.
Shelter for the Homeless. A residential facility operated
by a "provider", other than a "community care facility" as
defined in California Health and Safety Code section 1502, which
provides temporary accommodations to homeless persons and/or
families and which meets the standards for shelters contained in
Title 25, California Administrative Code, Part 1, Chapter F,
Subchapter 12, Section 7972. The term "temporary accommodations"
means that a homeless person or family will be allowed to reside
at the shelter for a time period not to exceed six (6) months.
For the purpose of this definition, a "provideru shall mean a
government agency or private non-prOfit organization which
provides, or contracts with recognized community organizations to
provide, emergency or temporary shelter for the homeless, and
which meets the standards set forth in Section 9050.14.
Shrub. A plant with a compact growth habit and branches
coming from the base of the plant. Mature heights of shrubs may
vary from one foot to 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.
Sinqle Room Occupancy. A housing unit which is contained
within a residential hotel, rooming house, hotel, or motel where
the unit does not contain either private food preparation or
sanitary facilities.
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.
site. Any plot or lot of land or combination of contiguous
lots of land.
Skylight. That portion of a roof which is glazed to admit
light, and the mechanical fasting required to hold the glazing,
including a curb not exceeding 10 inches in height, to provide a
weatherproofing barrier.
Small Family Day Care Home. A home which provides family
day care to six or fewer designated children daily, including
children who reside at the home.
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 electricity.
Speciality Office. Uses intended to provide a service
wi thout requiring an appointment such as travel agencies, real
estate offices and insurance agencies.
story. That portion of a building included between two
consecutive floors of a building. A basement shall not be
considered a story if the finished first floor does not exceed 3
feet above the average natural grade of the lot. An unfinished
attic shall not be considered a story. A mezzanine shall be
considered a story if it is not open to the floor below, if it
contains any enclosed rooms, bathrooms, closets, and the like, or
if it contains more than 33 1/3% of the total floor area of the
room(s) onto which it opens.
structure. Anything
requires a fixed location on
building or other structure
ground.
constructed or erected, which
the ground, or is attached to a
having a fixed location on the
Subdivision.
definitions.
See
Chapter
3
for
all
subdivision
Substantial Remodel. Removal of 50 percent or more of the
exterior walls or removal of 50 percent or more of supporting
members of a structure such as bearing walls, columns, beams, or
girders.
Tandem Parkinq. A group of two or more parking spaces
arranged one behind the other where one space blocks access to
the other space.
Temporary Structure. A structure without any foundation or
footing and which is removed when the designated time period,
activity, or use for which the temporary structure was erected
has ceased.
Temporary Use Permit. An administrative permit obtained in
accordance with Subchapter 10C.
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.
Theater. Any hall where live entertainment is given or
held as the principal use, any establishment containing a
permanent stage upon which ~ovable scenery and theatrical
appliances are used and where regular theatrical perfo~ances 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 Hobilehome Park. Any area or tract of
land used or designed to accommodate one or more trailers in use
for human habitation with minitnum facilities for water, sewer,
electricity, and laundry.
Tree. A plant having at least one well defined stem or
trunk and normally attaining a mature height of at least 15 feet,
with an average mature spread of 15 feet, and having a trunk that
shall be kept clear of leaves and branches at least six feet
above grade at maturity.
15 Gallon Tree. A 15 gallon container tree shall be no
less than one inch caliper and at least six feet in height above
grade at the time of planting.
24 Inch Box Tree. A 24 inch box tree shall be no less than
one and three-quarters inch caliper and at least seven 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 which land is zoned or a
structure is intended or used.
Variance. A discretionary permit obtained in accordance
with Subchapter 10E.
Very Low Income Household. A household whose gross annual
income is between 0% and 50% of the median income of the Los
Angeles-Long Beach-Anaheim Primary Metropolitan Statistical Area
(PMSA) , as determined periodically by the U.s. Department of
Housing and Urban Development (HUD), adjusted for household size.
Warehouse. A building, group of buildings, or a portion of
a building used for the storage of goods and materials.
Yard. An open space situated between lot lines and not
covered by buildings.
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 an~ unobstructed
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.
from the ground upward except as may be permitted by this
Chapter.
Yard Sale. Any sale held for
trading, or otherwise disposing
furnishings, personal goods, or other
control of the person holding such
residential district.
the purpose of selling,
of unwanted household
tangible properties under
sale and conducted in a
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 shall be unoccupied and
unobstructed from the ground upward except as may be permitted by
this Chapter.
Yard, street Side. A space extending the full depth of the
lot between the 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.
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.
Zoning Ordinance. The Comprehensive Land Use Ordinance of
the City of Santa Mon1ca.
SECTION 2. Section 9002.10 is added to the Santa Monlca
Mun1cipal Code to read as follows:
Section 9002.10. Conformance with Ocean Park zoning
~~andards Adopted on October 10, 1989. Any project for which an
application was filed prior to September 12, 1989, shall not be
required to comply with Subchapters 4V, 4W, 4X, 4Y, and 4Z of
Chapter 1 of Article IX of the Santa Monica Municipal Code and
Sections 9040.3, 9040.10, 9040.17, 9040.18, 9040.41, 9041.2,
9041.6, 9044.10, 9044.21, 9047.1, 9047.2, 9047.3, 9151.1, 9151.2,
9151.3, 9151.4, 9151.5, 9151.6, 9151.7, and 9113.3 of the Santa
Monica Municipal Code, adopted on October 10, 1989.
SECTION 3. Subchapter 4V is added to Chapter 1 of Article
IX of the Santa Monica Municipal Code to read as follows:
subchapter 4V. OP-1 Ocean Park Single Family Residential
District.
Section 9035.1. Purpose. The OP-1 District is intended
to maintain single family housing within an area \ comprised of
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small lots where single family housing now predominates. The
OP-l District is designed to prevent traffic and on-street
parking congestion which more intense development could create.
The OP-l District serves to maintain the existing character and
state of the area.
Section 9035.2. Permitted Uses. The following uses may be
permitted in the OP-l District:
(a) Hospice facilities.
(b) One single family dwelling per lot placed on a
permanent foundation including Manufactured housing.
(c) One-story accessory buildings and structures up to 14
feet in height.
(d) Public parks and playgrounds.
(e) Small family day care homes.
(f) State authorized, licensed, or certified uses to the
extent required to be permitted by State Law.
(g) Yard sales, limited to two per calendar year, for a
maximum of two days each.
section 9035.3. Uses SUbieet to Performance Standards
Permit. The following uses may be permitted in the OP-1 District
subject to the approval of a Performance Standards Permit:
(a) Large family day care homes.
(b) One-story accessory living quarters, up to 14 feet l.n
height, on a lot having a minimum area of 10,000 square feet.
(e) Private tennis courts.
Section 9035.4. Conditionally Permitted Uses. The
following uses may be permitted in the OP-l District subject to
the approval of a Conditional Use Permit:
(a) Duplexes on a lot having not less than 6,000 square
feet of area, a side lot line of which abuts, or is separated by
an alley from any R3, or R4 District.
(b) One-story accessory buildings over 14 feet in height
or two story accessory buildings up to a maximum height of 24
feet.
(c) Schools.
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.
Section 9035.5.
Prohibited Uses.
(a) Boarding houses.
(b) Rooftop parking.
(c) Second dwelling units pursuant to Section 65852.2(c)
of the California Government Code.
(d) Any uses not specifically authorized.
section 9035.6. Property Development Standards. All property
in the OF-District shall be developed in accordance with the
fallowing standards:
(a) Maximum Buildinq Heiqht. Two stories, not to exceed
20 feet for a flat roof, or 27 feet for a pitched roof. A
pitched roof is defined as a roof with at least 2 sides having no
less than one foot of vertical rise for every three feet of
horizontal run.
(b) Maximum Unit Density. One dwelling unit per lot.
(c) Minimum Lot Size. 4,000 square feet. Each lot shall
contain a mlnl.rnUm depth of 80 feet and a minimum width of 25 feet
except that any lot existing on the effective date of this
Chapter shall not be subject to this requirement.
(d) Maximum Lot Coveraqe. 50 percent.
(e) Front Yard Setback. 15 feet, or 10 feet if the
average setback of adjacent dwellings(s) is 10 feet or less. A
one story, covered or uncovered porch open on 3 sides may
encroach 6 feet into a front yard with a 15 foot setback, if the
roof does not exceed a height of 14 feet, and the porch width
does not exceed 40% of the building width at the front of the
building.
(f) Rear Yard Setback. 10 feet.
(g) Side Yard Setback.
(1) The side yard setback for that portion of a
building with a secondary window, blank wall, or primary window
on a side yard facing the street (i.e., a corner lot) shall be
determined in accordance with the following formula, except for
lots of less than 50 feet in width for which the sideyard shall
be 10% of the lot width but not less than 4 feet:
5' + (stories x lot width)
50'
(2) The side yard setback for that portion of a
building with a primary window shall be as follows:
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.
(a) For lots less thar 50 feet in width, a
minimum setback of 8 feet shall be provided, as long as at all
times a 12 foot separation exists betwe~n the primary window and
any adjacent structures;
(b) For lots 50 feet or greater in width, a
minimum setback of 12 feet shall be provided.
(3) The second floor side
primary window shall not project more
required side yard setback.
(h) Landscapinq. All areas not covered by buildings,
driveways, and sidewalks are to be covered by appropriate
landscaping. All new construction that requires issuance of a
building permit shall be subject to the provisions of subchapter
5B of this Article.
yard setback above a
than 2 feet into the
(i) Parkinq Access. Access to all required off-street
parking shall be from alleys, except for corner lots where access
may be provided from the side street but not from the front
street.
section 9035.7. 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 5 of this Article.
SECTION 4. Subchapter 4W is added to Chapter 1 of Article
IX of the Santa Monica Municipal Code to read as follows:
Subchapter 4W.
district
OP-Duplex Ocean Park Duplex Residential
section 9036.1. Purpose. The OP-Duplex District is
intended to provide a density appropriate for the Copeland court
walk street. The OP-OUplex is designed to prevent burden on the
public facilities, including sewer, water, electricity and
schools by an influx and increase of people to the degree larger
than the city's geographic limits, tax base or financial
capabilities can reasonably and responsibly accommodate. The
district is designed to preserve the unique character of this
street. The OP-Duplex district affords protection from
deleterious environmental effects and serves to maintain and
protect the existing character and state of the Copeland Court
walk street.
section 9036.2. Permitted Uses. The following uses shall
be permitted in the OP-Duplex District:
(a) Hospice facilities.
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.
(b) Multi-family dwelling units.
Cc) One-story Accessory buildings and structures up to 14
feet in height.
(d) Public parks and playgrounds.
(e) single family dwellings placed on a permanent
foundation (including manufactured housing).
(f) Small family day care homes.
(g) Yard sales, limited to two per calendar year, for
each dwelling unit, for a maximum of two days.
Section 9036.3. Uses Subiect to Performance Standards
Permit. The following uses may be permitted in the OP-Duplex
District subject to the approval of a Performance standards
Permit:
(a) Large family day care homes.
(b) One-story accessory living quarters, up to 14 feet in
height, on a lot having a minimum area of 10,000 square feet.
(c) Private tennis courts.
Cd) senior group housing.
Section 9036.4. Conditionally Permitted Uses. The
following uses may be permitted in the OP-Duplex District subject
to the approval of a Conditional Use Permit:
(a) Bed and breakfast facilities.
(b) Boarding houses.
(c) Child day care centers.
(d) Community care facilities.
ee) Libraries.
(f) Neighborhood grocery stores.
(g) Offices and meeting rooms for charitable, youth, and
welfare organizations.
(h) One-story accessory buildings over 14 feet in height
or two story accessory buildings up to a maximum height of 24
feet.
(i) Places of worship.
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.
(j) Residential care facilities.
(k) Rest homes.
(1) Schools.
(m) Underground parking structures provided the lot was
occupied by a surface parking lot at the time of adoption of this
Chapter, the lot is not adjacent to a lot in the C2 District, the
ground level above the underground parking structure is used for
residential or public park and open space uses, the structure is
associated with an adjacent commercially zoned lot, and the
vehicle access to the underground parking is from the
commercially zoned lot and as far from the residentially zoned
lot as is reasonably possible.
Section 9036.5.
Prohibited Uses:
(a) Rooftop parking.
(b) Any use not specifically authorized.
Section 9036.6. Property Development Standards. All
property in the OP-Duplex District shall be developed in
accordance with the following standards:
(a) Maximum Buildinq Heiqht. Two stories, not to exceed
23 feet for a flat roof, or 30 feet for a pitched roof. A
pitched roof is defined as a roof with at least 2 sides having no
less than one foot of vertical rise for every three feet of
horizontal run.
(b) Maximum unit Density. Two units per lot. No more
than one dwelling unit shall be permitted on a lot 4,000 square
feet or less in size.
(c) Maximum Lot Coveraqe. 50% for lots 4,001 square feet
and larger.
(d) Minimum Lot Size. 5,000 square feet. Each lot shall
contain a minimum depth of 100 feet and a minimum width of 50
feet, except that lots existing on the effective date of this
Chapter shall not be subject to this requirement.
(e) Front Yard Setback. 30 feet measured from the center
line of the walkway.
ef) Rear Yard Setback. 15 feet.
(q) side Yard Setback.
(1) The side yard setback for that portion of a
building with a secondary window, blank wall, or primary window
on a side yard facing the street (i.e., on a corner\lot) shall be
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.
determined in accordance with the following formula, subject to
the exceptions set forth below:
5' + (stories x lot width)
50'
(a) On lots of less than 50 feet in width, the
side yard shall be 10% of the parcel width but not less than 4
feet.
(b) On corner lots 50 feet or greater in width,
the side yard setback facing a street shall be a minimum of 10
feet. Covered or uncovered stairways or porches not exceeding
35% of the building frontage on the side street may encroach 5
feet into the required side yard.
(2) The side yard setback for that portion of a
building with a primary window shall be as follows:
(a) For lots less than 50 feet in width, a
minimum setback of a feet shall be provided, as long as at all
times a 12 foot separation exists between the primary window and
any adjacent structures;
(b) For lots 50 feet or greater in width, a
minimum setback of 12 feet shall be provided.
(3) The second floor sideyard setback above a primary
window shall not project more than 2 feet into the required side
yard setback.
(h) Buildinq Spacinq. Buildings that face each other on
the same lot shall be separated by the following m1n1mum
distances: 15 feet if one building has primary windows facing
the other; 25 feet when the windows of primary spaces in both
buildings face each other on the ground or second level, except
15 feet when they are visually separated by a solid wallar
opaque fence over 5 feet 6 inches in height; 10 feet when
secondary windows face each other or when a secondary window
faces a blank wall.
(i) Landscaping. All areas not covered by buildings,
driveways, and sidewalks are to be covered by appropriate
landscaping. All new construction that requires issuance of a
building permit shall be subject to the provisions of subchapter
5B of this Article.
(j) Development Review. A Development Review Permit is
required for any development of more than 15,000 square feet of
floor area.
Section 9036.7. Architectural Review. All new
construction, new additions to existing buildings, and any other
exterior improvements that require issuance of a building permit
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.
shall be subject to architectural review pursuant to the
provisions of Chapter 5 of this Article.
SECTION 5. Subchapter 4X is added to Chapter 1 of Article
IX of the Santa Monica Municipal Code to read as follows:
Subchapter 4X.
District.
OP-2 Ocean Park Low Multiple Residential
section 9037.1. Purpose. The OP-2 District is intended
to provide a low density multiple family residential neighborhood
(to 22 dwelling units per gross residential acre) free of
disturbing noises, excessive traffic, and hazards created by
moving automobiles. The OP-2 district is designed to prevent
burden on the public facilities, including sewer, water,
electricity and schools by an influx and increase of people to
the degree larger than the City's geographic limits, tax base or
financial capabilities can reasonably and responsibly
accommodate. The OP-2 district affords protection from
deleterious environmental effects and serves to maintain and
protect the existing character and state of the residential
neighborhood.
section 9037.2. Permitted Uses. The following uses shall
be permitted in the OP-2 District:
(a) Hospice facilities.
(b) MUlti-family dwelling units.
(e) One-story Accessory buildings and structures up to 14
feet in height.
(d) Public parks and playgrounds.
(e) single family dwellings placed on a permanent
foundation (including manufactured housing).
(f) Small family day care homes.
(g) Yard sales, limited to two per calendar year, for
each dwelling unit, for a maximum of two days.
section 9037.3. Uses Sub;ect to Performance Standards
Permit. The following uses may be permitted in the OP-2 District
subject to the approval of a Performance Standards Permit:
(a) Large family day care homes.
(b) Private tennis courts.
(c) Senior group housing.
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.
section 9037.4_ Conditionally Permitted Uses. The
following uses may be permitted in the OP-2 District subject to
the approval of a conditi9nal Use Permit:
(a) Bed and breakfast facilities.
(b) Boarding houses.
Cc} Child day care centers.
(d) Community care facilities
(e) Libraries.
(f) Neighborhood grocery stores.
(g) Offices and meeting rooms for charitable, youth, and
welfare organizations.
(h) One-story accessory buildings over 14 feet in height
or two story accessory buildings up to a maximum height of 24
feet.
(i) Places of worship.
(j) Residential care facilities.
(k) Rest homes.
(l) Schools.
(m) Underground parking structures provided the lot was
occupied by a surface parking lot at the time of adoption of this
Chapter, the lot is not adjacent to a lot in the C2 District, the
ground level above the underground parking structure is used for
residential or public park and open space uses, the structure is
associated with an adjacent commercially zoned lot, and the
vehicle access to the underground parking is from the
commercially zoned lot and as far from the residentially zoned
lot as is reasonably possible.
Section 9037.5.
Prohibited Uses:
(a) Rooftop parking.
(b) Any use not specifically authorized.
Section 9037.6. Property Development Standards. All
property in the OP-2 District shall be developed in accordance
with the following standards:
(a) Maximum Building Height. Two stories, not to exceed
23 feet for a flat roof, or 30 feet for a pitched roof. A
pitched roof is defined as a roof with at least two sides having
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no less than one foot of vertical rise for every three feet of
horizontal run.
(b) Maximum unit Density. One dwelling unit for each
2,000 square feet of lot area. An additional unit shall be
allowed if excess lot area equals or exceeds 1,000 square feet,
after calculating the allowed number of units at 2,000 square
feet of lot area per unit.
The density on lots consolidated after the effective date
of this Chapter with a total square footage greater than 10,000
square feet or exceeding a combined street frontage of 100 feet
shall be one dwelling unit for each 2,500 square feet of combined
lot area, except where 100% of the proposed units are deed
restricted for very low, low, middle, and/or moderate income
housing, in which case the density shall be one unit for each
2,000 square feet of lot area.
No more than one dwelling unit shall be permitted on a lot
4,000 square feet or less in size.
(c) Maximum Lot Coveraqe. 50% for lots 4,001 square feet
and larger. 60% for development projects which comply with the
density bonus provisions of Section 9047.3.
(d) Minimum Lot Size. 5,000 square feet. Each lot shall
contain a minimum depth of 100 feet and a minimum width of 50
feet, except that lots existing on the effective date of this
Chapter shall not be subject to this requirement.
(e) Front Yard Setback. 20 feet or 15 feet if the
average setback of adjacent dwelling(s) is 15 feet or less. A
one-story, covered or uncovered porch, open on 3 sides may
encroach 6 feet into a front yard with a 20 feet setback, if the
roof does not exceed a height of 14 feet and the porch width does
not exceed 40% of the building width at the front of the
building.
(f) Rear Yard Setback. 15 feet.
(g) Side Yard Setback.
(1) The side yard setback for that portion of a
building with a secondary window, blank wall, or primary window
on a side yard facing the street (i.e., on a corner lot) shall be
determined in accordance with the following formula, subject to
the exceptions set forth below:
5' + (stories x lot width)
50'
(a) On lots of less than 50 feet in width, the
side yard shall be 10% of the parcel width but not less than 4
feet.
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.
.
(b) On corner lots 50 ~eet or greater in width,
the side yard setback facing a street shall be a minimum of 10
feet. Covered or uncovered stairways or porches not eXgeeding
35% of the building frontage on the side street may encroach 5
feet into the required side yard.
(2) The side yard setback for that portion of a
building with a primary window shall be as follows:
(a) For lots less than 50 feet in width, a
minimum setback of 8 feet shall be provided, as long as at all
times a 12 foot separation exists between the primary window and
any adjacent structures;
(b) For lots 50 feet or greater in width, a
minimum setback of 12 feet shall be provided.
(3) The second floor sideyard setback above a primary
window shall not project more than 2 feet into the required side
yard setback.
(h) Buildinq Spacing. Buildings that face each other on
the same lot shall be separated by the following mlnl.mUm
distances: 15 feet if one building has primary windows facing
the other; 25 feet when the windows of primary spaces in both
buildings face each other on the ground or second level, except
15 feet when they are visually separated by a solid wall or
opaque fence over 5 feet six inches in height; 10 feet when
secondary windows face each other or when a secondary wlndow
faces a blank wall.
(i) Landscapinq. All areas not covered by buildings,
driveways, and sidewalks are to be covered by appropriate
landscaping. All new construction that requires issuance of a
building permit shall be subject to the provisions of subchapter
5B of this Article.
(j) Usable Private Open Space. All ground-level units
shall have the following minimum amounts of usable private open
space per unit: 100 square feet for projects consisting of at
least 2 but not more than 7 dwelling units, and 50 square feet
for projects of 8 units or more. Private open space shall
include a deck, yard, patio or combination thereof, which is
adjacent to, accessible from, and at the same or approximate
elevation as one or more primary spaces. The minimum dimension
of at least one such private open space shall be no less than 7
feet in any dimension. Private open space shall be screened from
common open space, driveways and adjacent properties by a
substantially opaque wall or fence a minimum of 3 feet 6 inches
and a maximum of 6 feet in height, except in the front yard
setback area.
Required private open space may be reduced by one square
foot for each additional square foot of common open space added
but in no case leaving less than 50 feet of required private
space.
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.
All second floor units shall have a balcony or deck of 50
square feet or more, with a minimum dimension of no less than 7
feet in any dimension, which is adjacent to, accessible from, and
at the same or approximate elevation as one or more primary
spaces of the unit to be served. Roof decks do not meet this
requirement. The railing of the balcony or deck shall be
substantially opaque to protect the privacy of occupants.
First floor private open space may project into the entire
width of the side yard, and 10 feet into the required depth of
the rear yard. Private open space may project 6 feet into the
required front yard as long as its width does not exceed 30% of
the building width at the front of the building.
(k) Usable Common Open Space. Projects of four or more
units shall include a minimum of 100 square feet per unit of
usable common open space, accessible and available to all project
residents for outdoor activities. Courtyards, entry areas for
two or more units, lawns and play spaces which are physically
separated from private open space, and active recreation spaces
such as swimming pools and sports courts, shall count toward
fulfillment of this requirement. The rear yard may count toward
fulfillment of the common open space requirement, provided it is
usable and accessible. Side yards and portions of driveways
which are decorated or interspersed with lawn or other acceptable
groundcover may meet a portion of the requirement, subject to
archi tectural review, pursuant to Subchapter 5. The minimum
dimension of at least one area of common open space shall be 10
feet in any direction.
Any practical combination of lawn, paving, decking,
concrete or other serviceable dust-free material shall be used to
surface common open space areas, with a slope of not more than
5%. A minimum of th~rty percent (30%) of the common open space
area shall include lawn or other acceptable groundcover.
Required open space may not include public or private
streets, driveways, or utility easements where the ground surface
cannot be used appropriately for open space or front yards.
Required common open space may be reduced by one square
foot for each additional square foot of private open space added
beyond the required private open space.
(1) Development Review. A Development Review Permit is
required for any development of more than 15,000 square feet of
floor area.
Section 9037.7. 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 subchapter 5B of this Article.
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.
SECTION 6. Subchapter 4Y is added to Chapter 1 of Article
IX of the Santa Monica Municipal Code to read as follows:
Subchapter 4Y. OP-3 Ocean Park Medium Multiple Residential
District
Section 9038.1. Purpose. The OP-3 District is intended
to provide a medium densi ty mul tiple family residential
neighborhood (to 29 dwelling units per gross residential acre)
free of disturbing noises, excessive traffic, and hazards created
by moving automobiles. The OP-3 district is designed to prevent
burden on the public facilities, including sewer, water,
electricity and schools by an influx and increase of people to
the degree larger than the City's geographic limits, tax base or
financial capabilities can reasonably and responsibly
accommodate. The OP-3 district affords protection from
deleterious environmental effects and serves to maintain and
protect the existing character and state of the residential
neighborhood.
I
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I
section 9038.2. Permitted Uses. The following uses shall
be permitted in the OP-3 District:
(a) Hospice facilities.
(b) MUlti-family dwelling units.
(c) One-story Accessory buildings and structures up to 14
feet in height.
(d) Public parks and playgrounds.
(e) Residential care facilities.
(f) Single family dwellings placed on a permanent
foundation (including Manufactured housing).
(g) Small family day care homes.
(h) Yard sales, limited to two per calendar year, for
each dwelling unit, for a maximum of two days.
section 9038.3. Uses Subject to Performance Standards
Permit. The following uses may be permitted in the OP-3 District
subject to the approval of a Performance Standards Permit:
(a) Large family day care homes.
(b) One-story accessory living quarters, up to 14 feet in
height, on a lot having a minimum area of 10,000 square feet.
(c) Private tennis courts.
- 31 -
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.
Cd) senior group housing.
Section 9038.4. Conditionally Permitted Uses. The
following uses may be permitted in the OP-3 District subject to
the approval of a Conditional Use Permit:
(a) Bed and breakfast facilities.
(b) Boarding houses.
Cc) Child day care centers.
Cd) Community care facilities.
ee) Places of Worship.
(f) Neighborhood grocery stores.
Cg) Offices and meeting rooms for charitable, youth, and
welfare organizations.
(h) One-story accessory buildings over 14 feet in height
or two story accessory buildings up to a maximum height of 24
feet.
(i) Residential care facilities.
(j) Rest homes.
(k) Schools.
(1) Underground parking structures provided the lot was
occupied by a surface parking lot at the time of adoption of this
Chapter, the lot is not adjacent to a lot in the C2 District, the
ground level above the underground parking structure is used for
residential or public park and open space uses, the structure is
associated with an adjacent commercially zoned lot, and the
vehicle access to the underground parking is from the
commercially zoned lot and as far from the residentially zoned
lot as is reasonably possible.
Section 9038.5.
Prohibited Uses:
(a) Rooftop parking.
(b) Any use not specifically authorized.
section 9038.6. Property Development standards. All prop-
erty on the OP-3 District shall be developed in accordance with
the flolowing standards:
(a) Maximum Building Heiqht. Two stories, not to exceed
23 for a flat roof, or 30 feet for a pitched roof. A pitched
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.
roof is defined as a roof with at least two sides having no less
than one foot of vertical rise for every three feet of horizontal
run.
(b) Maximum Unit Density. One dwelling unit for each
1,500 square feet of lot area. An additional unit shall be
allowed if excess lot area equals or exceeds 750 square feet,
after calculating the allowed number of units at 1,500 square
feet of lot area per unit.
The density on lots consolidated after the effective date
of this Chapter with a total square footage greater than 15,000
square feet or exceeding a combined street frontage of 150 feet
shall be one dwelling unit for each 2,000 square feet of combined
lot area, except where 100% of the proposed units are deed
restricted for very low, low, middle, and/or moderate income
housing, in which case the density shall be one unit for each
1,500 square feet of lot area.
No more than one dwelling unit shall be permitted on a lot
4,000 square feet or less in size.
(c) Maximum Lot Coveraqe. 50% for lots 4,001 square feet
and larger. 60%: for development projects of 6 units or more
which comply with the density bonus provisions of section 9047.3.
Cd) Minimum Lot size. 5,000 square feet. Each lot shall
contain a minimum depth of 100 feet and a minimum width of 50
feet, except that lots existing on the effective date of this
Chapter shall not be subject to this requirement.
(e) Front Yard Setback. 20 feet or 15 feet if the average
setback of adjacent dwelling(s) is 15 feet or less. A one-story,
covered or uncovered porch open on three sides may encroach 6
feet into a front yard with a 20 feet setback, if the roof does
not exceed a height of 14 feet and the porch width does not
exceed 40% of the building width at the front of the building.
(f) Rear Yard Setback. 15 feet.
(g) Side Yard Setback.
(1) The side yard setback for that portion of a
building with a secondary window, blank wall, or primary window
on a side yard facing the street (i.e., on a corner lot) shall be
determined in accordance with the following formula, subject to
the exceptions set forth below:
5' + (stories x lot width)
50'
(a) On lots of less than 50 feet in width, the
side yard shall be 10% of the parcel width but not less than 4
feet.
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.
(b) On corner lots 50 feet or greater in width,
the side yard setback facing a street shall be a minimum of 10
feet. Covered or uncovered stairways or porches not exceeding
35% of the building frontage on the side street may encroach 5
feet into the required side yard.
e 2) The side yard setback for that portion of a
building with a primary window shall be as follows:
(a) For lots less than 50 feet in width, a
minimum setback of 8 feet shall be provided, as long as at all
times a 12 foot separation exists between the primary window and
any adjacent structures;
(b) For lots 50 feet or greater in width, a
minimum setback of 12 feet shall be provided.
(3) The second floor sideyard setback above a primary
window shall not project more than 2 feet into the required side
yard setback.
(h) Building Spacing. Buildings that face each ot~e~ on
the same lot shall be separated by the following m~nl.mum
distances: 15 feet if one building has primary windows facing
the other: 25 feet when the windows of primary spaces in both
buildings face each other on the ground or second level, except
15 feet when they are visually separated by a solid wall or
opaque fence over 5 feet six inches in height: 10 feet when
secondary windows face each other or when a secondary window
faces a blank wall.
(1) Landscaping. All areas not covered by buildings,
driveways, and sidewalks are to be covered by appropriate
landscaping. All new construction that requires issuance of a
building permit shall be subject to the provisions of subchapter
5B of this Article.
ej) Usable Private Open Space. All ground-level units
shall have the following minimum amounts of usable private open
space per unit: 100 square feet for projects consisting of at
least 2 but not more than 7 dwelling units, and 50 square feet
for projects of 8 units or more. Private open space shall
include a deck, yard, patio or combination thereof, which is
adjacent to, accessible from, and at the same or approximate
elevation as one or more primary spaces. The minimum dimension
of at least one such private open space shall be no less than 7
feet in any dimension. Private open space shall be screened from
common open space, driveways and adjacent properties by a
sUbstantially opaque wall or fence a minimum of 3 feet 6 inches
and a maximum of 6 feet in height, except in the front yard
setback area..
Required private open space may be reduced by one square
foot for each additional square foot of common open space added
but in no case leaving less than 50 feet of required private
space..
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.
~
All second floor units_shall have a balcony or Qeck of 50
square feet or more, ~ith a_minimum dim~nsion of no less than 7
feet in any dimension, which is adjaq~nt_~o, accessible. from, and
at the same or approximate elevation as one or more primary
spaces of the unit to be served. Roof decks do not meet this
requirement. The railing of the balcony or deck shall be
substantially opaque to protect the privacy of occupants.
First floor private open space may project into the entire
width of the side yard, and 10 feet into the required depth of
the rear yard. Private open space may project 6 feet into the
required front yard as long as its width does not exceed 30% of
the building width at the front of the building.
(k) Usable COTlUllon Open Space. Proj ects of four or more
units shall include a minimum of 100 square feet per unit of
usable common open space, accessible and available to all project
residents for outdoor activities. Courtyards, entry areas for
two or more units, lawns and play spaces which are physically
separated from private open space, and active recreation spaces
such as swimming pools and sports courts, shall count toward
fulfillment of this requirement. The rear yard may count toward
fulfillment of the common open space requirement, provided it is
usable and accessible. Side yards and portions of driveways
which are decorated or interspersed with lawn or other acceptable
groundcover may meet a portion of the requirement, subject to
architectural review, pursuant to Subchapter 5. The minimum
dimension of at least one such space shall be 10 feet in any
direction.
Any practical combination of lawn, paving, decking,
concrete or other serviceable dust-free material shall be used to
surface common open space areas, with a slope of not more than
5%. A minimum of thirty percent (30%) of the common open space
area shall include lawn or other acceptable groundcover.
Required open space may not include public or private
streets, driveways, or utility easements where the ground surface
cannot be used appropriately for open space or front yards.
Required common open space may be reduced by one square
foot for each additional square foot of private open space added
beyond the required private open space.
el} Development Review. A Development Review Permit is
required for any development of more than 15,000 square feet of
floor area.
Section 9038.7. 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 5 of this Article.
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SECTION 7. Subchapter 4Z is added to Chapter 1 of Article
IX of the Santa Monica Municipal Code to read as follows:
Subchapter 4Z. OP-4 Ocean Park Hiqh Multiple Residential
District.
Section 9039.1. Purpose. The OP-4 District is intended
to provide a medium density mul tiple family residential
neighborhood (to 35 dwelling units per gross residential acre)
free of disturbing noises, excessive traffic, and hazards created
by moving automobiles. The OP-4 district is designed to prevent
burden on the public facilities, including sewer, water,
electricity and schools by an influx and increase of people to
the degree larger than the City's geographic limits, tax base or
financial capabilities can reasonably and responsibly
accommodate. The OP-4 district affords protection from
deleterious environmental effects and serves to maintain and
protect the existing character and state of the residential
neighborhood.
section 9039.2. Permitted Uses. The following uses shall
be permitted in the OP-4 District:
(a) Hospice facilities.
(b) MUlti-family dwelling units.
(c) One-story Accessory buildings and structures up to 14
feet in height.
(d) Public parks and playgrounds.
(e) Single family dwellings placed on a permanent
foundation (including Manufactured housing).
(f) Small family day care homes.
(g) Yard sales, limited to two per calendar year, for
each dwelling unit, for a maximum of two days.
Section 9039.3. Uses Subiect to Performance Standards
Permit. The following uses may be permitted in the OP-4 District
subject to the approval of a Performance Standards Permit:
(a) Large family day care homes.
(b) One-story accessory living quarters, up to 14 feet in
height, on a lot having a minimum area of 10,000 square feet.
(c) Private tennis courts.
Cd) Senior group housing.
- 36 -
.
.
Section 9039.4. Conditionally Permitted Uses. The follow-
ing uses may be permitted in the OP-4 District subject to the
approval of a Conditional Use Permit:
\ .
(a) Bed and breakfast facilities.
(b) Boarding houses.
(c) Child day care centers.
(d) Clubs or lodges.
(e) Community care facilities.
(f) Libraries.
(g) Municipal parking structures.
(h) Neighborhood grocery stores.
(i) Offices and meeting rooms for charitable, youth, and
welfare organizations.
(j) One-story accessory buildings over 14 feet in height
or two story accessory buildings up to a maximum height of 24
feet.
(k) Places of worship.
(1) Residential care facilities.
(m) Rest homes.
(n) Schools.
(0) Shelters for the homeless.
(p) Underground parking structures provided the lot was
occupied by a surface parking lot at the time of adoption of this
Chapter, the lot is not adjacent to a lot in the C2 District, the
ground level above the underground parking structure is used for
residential or public park and open space uses, the structure is
associated with an adjacent commercially zoned lot, and the
vehicle access to the underground parking is from the
commercially zoned lot and as far from the residentially zoned
lot as is reasonably possible.
section 9039.5.
Prohibited Uses:
(a) Rooftop parking.
Cb) Any use not specifically authorized.
- 37 -
e
.
Section 9039.6. Property Development Standards. All
property on the OP-4 Ocean Park High Multiple Residential
District shall be developed in accordance with the following
standards:
(a) Maximum Buildinq Heiqht. 3 stories, not to exceed 35
feet as measured from theoretical grade.
(b) Maximum Unit Density. One dwelling unit for each
1,250 square feet of lot area. An additional unit shall be
allowed if excess lot area equals or exceeds 625 square feet,
after calculating the allowed number of units at 1,250 square
feet of lot area per unit.
(c) Maximum Lot Coveraqe. 50% for lots 4,001 square feet
and larger. 60% for development projects which comply with the
density bonus provisions of Section 9047.3.
Cd) Minimum Lot Size. 5,000 square feet. Each lot shall
contain a minimum depth of 100 feet and a minimum width of 50
feet, except that lots existing on the effective date of this
Chapter shall not be subject to this requirement.
(e) Front Yard Setback. 15 feet minimum, or 10 feet
minimum if the average setback of adjacent dwelling(s) is 10 feet
or less. An open one-story, covered or uncovered porch open on
three sides may encroach 6 feet into a front yard with a 15 foot
setback, if the roof does not exceed a height of 14 feet and the
porch width does not exceed 40% of the building width at the
front of the building.
(f) Rear Yard Setback. 15 feet.
(g) Side Yard Setback.
(1) The side yard setback for that portion of a
building with a secondary window, blank wall, or primary window
on a side yard facing the street (i.e., on a corner lot) shall be
determined in accordance with the following formula, subject to
the exceptions set forth below:
5' + (stories x lot width)
50'
(a) On lots of less than 50 feet in width, the
side yard shall be 10% of the parcel width but not less than 4
feet.
(b) On corner lots 50 feet or greater in width,
the side yard setback facing a street shall be a minimum of 10
feet. Covered or uncovered stairways or porches not exceeding
35% of the building frontage on the side street may encroach 5
feet into the required side yard.
(2) The side yard setback for that portion of a
building with a primary window shall be as follows: \
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.
(a) For lots less than 50 feet in width, a
minimum setback of 8 feet shall be provided, as long_as at all
times a 12 foot separation exists between the primary window and
any adjacent structures;
(b) For lots 50 feet or greater in width, a
minimum setback of 12 feet shall be provided.
(3) The second floor sideyard setback above a primary
window shall not project more than 2 feet into the required side
yard setback.
(h) Buildinq Spacinq. Buildings that face each ot~e~ on
the same lot shall be separated by the following m1n1mum
distances: 15 feet if one building has primary windows facing
the other; 25 feet when the windows of primary spaces in both
buildings face each other on the ground or second level, except
15 feet when they are visually separated by a solid wall or
opaque fence over 5 feet six inches in height; 10 feet when
secondary windows face each other or when a secondary window
faces a blank wall.
(i) Landscapinq. All areas not covered by buildings,
driveways, and sidewalks are to be covered by appropriate
landscaping. All new construction that requires issuance of a
building permit shall be subject to the provisions of subchapter
5B of this Article.
(j) Usable Private Open Space. All ground-level units
shall have the following minimum amounts of usable private open
space per unit: 100 square feet for projects consisting of at
least 2 but not more than 7 dwelling units, and 50 square feet
for projects of 8 units or more. Private open space shall
include a deck, yard, patio or combination thereof, which is
adjacent to, accessible from, and at the same or approximate
elevation as one or more primary spaces. The minimum dimension
of at least one such private open space shall be no less than 7
feet in any dimension. Private open space shall be screened from
common open space, driveways and adjacent properties by a
substantially opaque wall or fence a minimum of 3 feet 6 inches
and a maximum of 6 feet in height, except in the front yard
setback area.
Required private open space may be reduced by one square
foot for each additional square foot of common open space added
_ but in no case leaving less than 50 feet of required private
space.
All second floor units shall have a balcony or deck of 50
square feet or more, with a minimum dimension of no less than 7
feet in any dimension, which is adjacent to, accessible from, and
at the same or approximate elevation as one or more primary
spaces of the unit to be served. Roof decks do not meet this
requirement. The railing of the balcony or deck shall be
substantially opaque to protect the privacy of occupants.
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.
First floor private open space may project into the entire
width of the side yard, and 10 feet into the required depth of
the rear yard. Private open space may project 6 feet into the
required front yard as long as its width does not exceed 30% of
the building width at the front of the building.
(k) Usable Common Open Space. Projects of four or more
units shall include a minimum of 100 square feet per unit of
usable common open space, accessible and available to all project
residents for outdoor activities. Courtyards, entry areas for
two or more units, lawns and play spaces which are physically
separated from private open space, and active recreation spaces
such as swimming pools and sports courts, shall count toward
fulfillment of this requirement. The rear yard may count toward
fulfillment of the common open space requirement, provided it is
usable and accessible. Side yards and portions of driveways
which are decorated or interspersed with lawn or other acceptable
groundcover may meet a portion of the requirement, subject to
archi tectural review, pursuant to Subchapter 5. The minimum
dimension of at least one such space shall be 10 feet in any
direction.
Any practical combination of lawn, paving, decking,
concrete or other serviceable dust-free material shall be used to
surface common open space areas, with a slope of not more than
5%. A minimum of thirty percent (30%) of the common open space
area shall include lawn or other acceptable groundcover.
Required open space may not include publ ic or pr i va te
streets, driveways, or utility easements where the ground surface
cannot be used appropriately for open space or front yards.
Required common open space may be reduced by one square
foot for each additional square foot of private open space added
beyond the required private open space.
(1) Development Review. A Development Review Permit is
required for any development of more than 15,000 square feet of
floor area.
Section 9039.7. 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 subchapter SB of this Article.
SECTION 8. Section 9040.3 of the Santa Monica Municipal
Code is amended to read as follows:
Section 9040.3. Building Heiqht and Exceptions to Heiqht
Limit.
(a)
vertically
The
from
maximum allowable height shall be measured
the average natural grade elevation to the
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.
highest point of the roof. However, in connection with 1
(development projects in the Ocean Park DisEricts, building height
shall De mt:Cl:::H.u.~J. ..rertically from the theoretical grade to the
n1gnes~ poin~ of the roof. J
(b) The following shall be permitted to exceed the height
limit in all zoning districts except the R1 District:
(1) Vents, stacks, ducts, skylights and steeples
provided such projections do not extend more than 5 feet above
the permitted height in the District.
(2) Legally required parapets, fire separation walls,
and open work safety guard rails that do not exceed 42 inches in
height.
(3) Elevator shafts, stairwells, or mechanical room
enclosures above the roofline if:
a. The enclosure is used exclusively for
housing the elevator, mechanical equipment, or stairs.
b. The elevator shaft does not exceed 14 feet
in height above the roofline and the stairwell enclosure does not
exceed 14 feet in height above the height permitted in the
district.
c. The area of all enclosures and other
structures identified in 9040.3(b) (1) that extend above the
roofllne shall not exceed 25% of the roof area.
d. The mechanical equipment is screened in
conformance w1th Section 9040.14.
e. The mechanical equipment enclosure does not
exceed 12 feet in height above the height permitted in the
district.
(4) The screening required pursuant to the provisions
of Section 9040.14 of tanks, ventilating fans, or other
mechanical equipment required to operate and maintain the
building provided the total area enclosed by all screening does
not exceed 30t of the roof area.
(5) In all districts, chimneys may extend no more
than tive feet above the permitted height in the district.
SECTION 9. Section 9040.10 of the Santa Monica Municipal
Code is amended to read as follows:
Section 9040.10. One-Story Accessory Buildinq (14 Feet
Maximum Heiqht). No accessory building in a residential district
shall be erected, structurally altered, converted, enlarged,
moved, or maintained unless such accessory building is located on
the lot in conformance with the following regulations. Accessory
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.
buildings shall include greenhouses, storage sheds, workshops,
garages, and other structures that are detached from the main
building.
(a) The accessory building shall be located on the rear
half of the lot and shall not extend into the required side
yards.
(b) The accessory building may be located in a required
rear yard, but shall be at least 5 feet from any lot line. A
garage or garage portion of an accessory building may extend up
to one interior side property line on the rear 35 feet of a lot.
A garage or garage portion of an accessory building may extend to
the rear property line abutting an alley provided vehicle access
is not taken from the alley.
(c) The accessory building shall be located not less than
15 feet from the center line of a rear alley.
(d) On a reversed corner lot, the accessory building shall
not be located nearer to the street side lot line of such corner
lot than one-half of the front yard depth required on the key
lot, nor be located nearer than five feet to the side lot line of
any key lot.
(e) Any accessory building on a through lot shall not
project into any front yard and shall not be located in any
required side yard.
(f) Where the elevation of the ground at a point 50 feet
from the front lot line of a lot and midway between the side lot
lines differs 12 feet or more for the curb level, a private
garage, not exceeding one-story nor 14 feet in height, may be
located within the required front yard, provided every portion of
the garage building is at least five feet from the front property
line and does not occupy more than 50% of the width of the front
yard.
In all OP-Districts, a garage or garage entrance on a lot
with a theoretical grade change of 10 feet or more may be set
back a distance equal to the average garage setback of adjacent
garage(s) but not less than five (5) feet, when the garage width
does not exceed 20 feet and the height does not exceed eleven
(11) feet for a flat roof and fourteen (14) feet for a pitched
roof.
(g) Accessory living quarters shall be permitted only on
R1 lots of 10,000 square feet or more pursuant to the provisions
of Section 9050.8. No kitchen or full bath containing a shower
or tub enclosure shall be permitted. However, if there is a
swimming pool or spa located on the premises, a shower which is
outside or which is accessed only from the outside may be
permitted.
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(h) No accessory bUllding, including accessory living
quarters, shall have kitchen facill.ties or be rented or otherwise
used as a separate dwelling.
SECTION 10. section 9040.17 of the Santa Monica Municipal
Code is amended to read as follows:
section 9040.17. Unexcavated Area in Side Yards. On any
~ lot 1n the R2, R3, R4, RVC, O~-2, OP-3, OP-4, and BCD Districts,
or any commercial or lndusl:rial -Lot which directly abuts a
residentially zoned lot not used for commercial parking purposes,
having a width of 50 feet or greater, there shall be provided and
maintained an unexcavated area equal to 4 feet in width along the
entire length of at least one of the side property lines and for
lots in excess of 70 feet in width, the unexcavated area shall be
provl.ded and maintained along the entire length of both side
property lines. Subterranean, semi-subterranean parking
structures, basements, and other subterranean facilities may not
project 1nto any portl.on of the required unexcavated area. At
least 50% of the surface area of the unexcavated area shall be
landscaped pursuant to the prOV1S1.0nS of Subchapter 5B.
On any lot in an OP-Distrl.ct that has a wl.dth of less than
fl.fty (50) feet, and which is developed with at least three (3)
unlts, no side yard setback for subterranean or semi-subterranean
parking structures or basements is required. However, at least
fl.fty percent (50%) of the excavated area shall be landscaped
w1th appropriate groundcover and plant materials in containers.
SECTION 11. Sectl.on 9040.18 of the Santa Monlca Municl.pal
Code 1S amended to read as follows:
Sectlon 9040.18. Projectlons Permitted into Required
Yards. The following chart sets forth the allowances for various
proj ections permi tted lnto the required yards in residential,
industrial, and commercial districts. Projections shall not be
permitted closer than 4 feet to any property line. Projections
as listed below into existing, non-conforming yard areas shall be
permitted only if the projection does not extend closer to the
property line than would be permitted if the yard area conformed
to current standards. The various types of projections and the
limitations on such projections into required yards are as
follows:
Projections
Front
Yard
street
Side Yard
Interior
Side Yard
Rear
Yard
Eaves, awnings,
canopies, sun shades,
sills, cornices, belt
courses, trellises,
arbors, and other
30"
30"
1811
4'
"
\
."
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similar architectural
features
Flues, chimneys,
water heater
enclosures, and
similar vertical
architectural
projections not more
than 5' wide
parallel to the
side yard and that
do not exceed 20% of the
facade width
Patios, porches, 6'
platforms, decks,
unexcavated side yard
area, and other
unenclosed areas not
covered by a roof or
canopy and that may be
raised above the level of
the adjacent grade but
do not extend more than
3' above the average
natural grade
Balconies, and
stairways that are
open, unenclosed on
at least two sides
Greenhouse windows
and bay windows
that are not greater
than 6' wide parallel
to the side yard
Required fire
escapes
Porte cochere not
more than 20' long
and open on three
sides except for
necessary structural
supports and not more
than 16 feet in height.
.
18" 1811 18" 18"
For structures with conforming setbacks
12" 12" 12" 12"
For structures with non-conforming
setbacks
6'
No Limit
6'
3011
4'
3011
0'
18" 18" 18" 18"
Provided the structure has a conforming
setback
Not pennitted
12" or 2" 4'
per l' of
required
side yard
whichever is
greater
Not permitted in front yard.
Permitted in side and rear yard.
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Mail box canopy
not mor~ than
10' long.
Recreational vehicle
storage,
central air
conditioning,
swimming pool,
spa equipment.
Second floor decks,
patios or balconies,
covered or uncovered,
adjacent to primary
living spaces in OP-
Districts.
.
30"
30"
4'
30"
Not permitted in front or side
yard areas. Permitted anywhere
in rear yard area.
30"
4'
30"
30"
SECTION 12. section 9040.41 is added to the Santa Monica
Municipal Code to read as follows:
l
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section 9040.41. Roof Decks in the OP-Districts. In the
OP-Districts, the handrail surrounding a roof deck shall be set
back from the side yard a minimum of 8 feet.
~
SECTION 13. Section 9041.2 of the Santa Monica Municipal
Code is amended to read as follows:
Section 9041.2 Applicability. In all districts except the
Rl and R2R residential districts, but including the RIA lots
developed for parking uses, no building, structure, parking lot,
storage yard, or other site improvements shall be erected,
constructed, converted, established, altered, remodeled,
enlarged, or otherwise modified, nor shall any lot or premises be
used or occupied until such time as the premises are suitably
landscaped in accordance wi th this Subchapter. In the RIA,
OP-IA, OP-2A, OP-3A, and OP-4A _Districts, lots developed for
.parking" uses, prior to issuancelDf a buildtng permit, landscaping
and irrigation plans shall be submitted to the Architectural
Review Board for review and approval in a manner prescribed by
the Zoning Administrator. An existing building non-conforming as
to site landscape standards may be modified without complying
with these standards provided that the building is not
substantially remodeled.
SECTION 14. Section 9041.6 of the Santa Monica Municipal
Code is amended to read as follows:
Section 9041.6.
Sites.
Required Landscape Area for Building
(a)
districts,
In all residential districts, including the R1 and R2R
but excluding the OP-1, OP-Oup1ex, OP-~, OP-3, and
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10 00 ml.nl.mum ~ - ~ 1.2' ~/~ 6t
20 foot minimum Ck-"v~w'Af~ ilt ;;,~
rH1fl ]
.
.
OP-4 Districts, a minimum of 50% of the required front yard
setback shall be landscaped. In OP-1, OP-2, OP-3, and OP-4
Districts, all areas not covered by sidewalks, driveways,
porches, garages, or buildinos, shall be '&reated d,;:O ~Qi.~aii~?-d-
~a, as aeIl.ned in this Chapter.
(b) In all commercial districts, all new construction or
substantial remodeling of the existing improvements on the lot
shall provide and maintain a landscaped area averaging at least
10 feet, but at no point less than 5 feet, adjacent to and
visible from all public street rights-of-way.
(c) For all new construction or major remodeling in the C5
Special Official District, a landscaped area at least 15 feet
wide shall be provided and maintained immediately adjacent to all
property 1 ines adj acent to streets or rights-of-way except in
required driveway or other access areas.
SECTION 15. Section 9044.10 of the Santa Monica Municipal
Code is amended to read as follows:
Section 9044.10. Driveways.
(a) For purposes of this section:
(1) A driveway is defined as an access drive leading
from a public street or right-of-way to a parking area, or from
one parking area to another, but not including any ramp, aisle,
maneuvering area or driveway approach.
(2) A single vehicle in either direction, and a
double driveway is a driveway designed to accommodate two
vehicles at the same time in opposite directions.
(3) A ramp is defined as an access driveway leading
from one parking level to another.
(b) Driveways in the Rl Single Family District and the
OP-1 Sin9le Family District shall not be less than 10 feet iri
width. The driveway width shall be maintained free and clear of
all obstructions.
(e) In the R2, R3, R4, RVC, _OP-l, OP-Duplex, OP-2, OP-3,
OP-4, and MXD Districts, driveways shall conform to the
following standards:
Single Driveway
Double Driveway
The minimum number and type of driveways required to be provided
shall be determined based on the number of parking spaces
contained in any given parking area according to the following
standard:
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1 to 20 spaces
21 to 40 spaces
41 to 80 spaces
81 spaces and over
.
1 single driveway
1 double driveway
2 doub;e driveways
number and type of
driveway to be approved
Traffic Engineer.
The driveway width shall be maintained free and clear of all
obstructions.
(d) In all commercial and industrial districts, driveways
shall conform to the following standards:
Single Driveway
Double Driveway
12 foot minimum
20 foot minimum
The minimum number and type of driveway required to be provided
shall be determined on the number of parking spaces contained in
any given parking area according to the following standard:
1 to 20 spaces
21 to 40 spaces
41 to 80 spaces
81 spaces and over
1 single driveway
1 double driveway
2 double driveways
number and type of
driveway to be approved
Traffic Engineer.
The driveway width shall be maintained free and clear of all
obstructions.
(e) In all districts, ramps with one-way traffic shall be
not less than 14 feet in width and ramps with two way traffic
shall be not less than 20 feet in width.
(f) In all districts where mature street trees exist, the
Zoning Administrator and the Parking and Traffic Engineer may
reduce the driveway width as necessary and practical to preserve
the existing street trees.
SECTION 16. Section 9044.21 of the Santa Monica Municipal
Code is amended to read as follows:
Section 9044.21. Semi-Subterranean Parkinq structures. A
parking structure shall be considered to be semi-subterranean if
the structure is partially underground and if the finished floor
of the first level of the building or structure above the parking
structure does not exceed three feet above the average natural or
existing grade of the lot, except for openings for ingress and
egress. A semi-subterranean parking structure shall not be
counted as a floor or story for calculating building height. All
semi-subterranean parking structures shall be constructed and
maintained as follows:
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.
(a) All openings for ingress and egress facing the front
lot line shall be situated at or behind the front building line
of the main building, except for the OP-l, OP-Duplex, OP-2, OP~3,
and OP-4 Districts where front yard setback standards apply.
There shall be no more than two openings faC1.ng the front lot
line for each main building.
(b) On lots less
semi-subterranean parking
property lines.
than 50
structure
feet in
may extend
width,
to both
the
side
(c) Exits from any semi-subterranean parking structure
shall provide sight distance which comply with standards
established by the Parking and Traffic Engineer.
SECTION 17. Subchapter 5H is added to Chapter 1 of Article
IX of the Santa Monica Municipal Code to read as follows:
Subchapter 5H. Density Bonuses.
section 9047.1. Purpose. The City supports the
development of affordable housing in all multiple residential
districts, consistent with the purposes of those districts,
including prevention of traffic congestion and maintenance of the
existing character and state of neighborhoods. The standards
outlined in this subchapter are intended to allow for the
inclusion of affordable rental housing within market-rate
multiple family housing projects. Proposed projects may include
more units than allowed by right under each district's property
development standards, provided that all additional units are
made available to lower income households as required by this
subchapter. In addition to density bonuses permitted by state
law, the city desires to have special density bonuses for the
Ocean Park Districts.
Section 9047.2. Ocean Park Density Bonuses. Density
bonuses shall be awarded for affordable housing projects in the
following districts according to the following formulas:
(a) OP-2 District. Projects of 4 or more units may be
developed with up to 75% more units than allowed by the district
density standards when all of the density bonus units are
permanently deed-restricted for low income households. Projects
of 3 units may receive a bonus of one unit when the density bonus
unit is permanently deed-restricted for a middle income
household. A density bonus of 25% as mandated by the State of
California is available for projects of 5 or more units, which
meet state requirements, but do not meet the standards of this
subsection.
(b) OP-3 and OP-4 Districts. projects of 4 or more units
may be developed with 50% more units than allowed by the district
density standards when all of the density bonus units are
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.
permanently deed-restricted fo~ low income households. Projects
of 3 or 4 units may receive a bonus of one unit when the density
bonus unit is permanently deed-restricted for a middle income
household. A density bonus of 25% as mandated by the state of
California is available for projects of 5 or more units, which
meet state requirements, but do not meet the standards of this
subsection.
(c) In calculating density bonus units, all fractional
units shall be rounded up to the next highest whole number of
units.
SECTION 18. Section 9113.3 of the Santa Monica Municipal
Code is amended to read as follows:
Section 9113.3. Applicability. The Zoning Administrator
may grant a variance from the requirements of this Chapter to:
(a) Permit modification of the minimum lot sizes, minimum
lot dimensions, and lot coverage regulations as may be necessary
to secure an appropriate improvement on the lot.
(b) Permit the reduction of the automobile parking space
or loading space requirements.
(c) In residential districts, permit the addition or
enlargement of an existing building, non-conforming as to yard
setbacks on lots less than 5,000 square feet, provided that the
addition or enlargement does not exceed 25 per cent (25%) of the
floor area of the existing non-conforming building and provided
that it is not a second floor addition to a structure in the Rl
District.
(d) Permit the modification of fence heights in commercial
and residential districts.
(e) Permit the modification of yard setbacks on
irregularly shaped lots or lots where the elevation of the ground
at a point 50 feet from the front lot line of a lot and midway
between the side lot lines differs 12 1/2 feet or more from the
curb level.
(f) Permit the modification of the sideyard setback for
primary windows in the OP-2, OP-3, and OP-4 Districts when the
imposition of the required setback would severely constrain
development on the proj ect, and an al ternati ve setback would
still satisfy private open space requirements and maintain
privacy for the occupants of the project.
SECTION 19. Subchapter lOP is added to Chapter 1 of
Article IX of the Santa Monica Municipal Code to read as follows:
r
Subchapter lOP. Yard Modification Permits.
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.
Section 9151.1. Purpose. A yard modification permit is
intended to permit a reduction in the minimum side yard, rear
yard, or building spacing, in order to accommodate housing
development on the rear portion of lots in the OP-2, OP-3, and
OP-4 zone districts where the front portion of the lot is
occupied by an existing single family dwelling. Retention of
existing single family dwellings is encouraged by allowing
variations in selected property development standards for new
dwellings.
section 9151. 2. Application. An application for a yard
modification permit in the OP-2, OP-3, or OP-4 District shall be
filed in a manner consistent with the requirements contained in
subchapter 10J.
Section 9151.3. Applicability. The Zoning Administrator
may grant a yard modification permit for a project in the OP-2,
OP-J, or OP-4 District according to the following minimum
standards for lots where there is an existing single family
dwelling:
(a) Minimum Side Yard. The minimum side yard setback
shall be 3 feet, if privacy, sunlight, and air circulation are
not jeopardized for neighboring land uses or future project
occupants.
(b) Minimum Buildinq Spacinq. The minimum spacing
between the existing single family dwelling and new housing, or
between two new structures on the lot, shall be 10 feet.
(c) Minimum Rear Yard. The minimum rear yard setback
shall be 5 feet for lots without alley access. The minimum rear
yard setback for lots with alley access shall be not less than 15
feet from the centerline of the alley.
(d) Architectural Compatibility. New housing should be
designed to be compatible in scale, character and use of
materials with the existing single family dwelling.
(e) Retention of Single Family Dwellinq. The existing
single family dwelling shall be retained and will not undergo a
substantial remodel.
Section 9~S~.4. Hearings and Notice. Subject to the
provisions of Section 9131.2, upon receipt in proper form of a
Yard Modification Permit Application, a public hearing before the
Zoning Administrator shall be set not less than 10 days nor more
than 60 days after the application is determined to be complete,
and notice of such hearing shall be given to all property owners
and tenants within 300 feet of the exterior boundaries of the
property involved in a manner consistent with Subchapter 10K.
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.
Section 9151.5. Commencement of Use. The rights granted
by the Yard Modification Permit shall be effective only when
exercised within the period established as a condition of
granting the Yard Modification Permit or, in the absence of such
established time period, one year from the date the permit
becomes effective. This time limit may be extended by the Zoning
Administrator for good cause for a period not to exceed 6 months
upon written request by the applicant.
section 9151.6. Revocation. The zoning Administrator may,
or upon direction from the Planning Commission, revoke any
approved Yard Modification Permit in accordance with the
following procedures:
(a) A revocation hearing shall be held by the zoning
Administrator. Notice of the hearing shall be published once in
a newspaper of general circulation within the city and shall be
served either in person or by registered mail on the owner of the
property and on the permit holder at least 10 days prior to such
hearing. The notice of hearing shall contain a statement of the
specific reasons for revocation.
(b) After the hearing, a Yard Modification Permit may be
revoked by the zoning Administrator, or by the Planning
commission on appeal or review, if anyone of the following
findings are made:
(1) That the Yard Modification Permit was obtained by
misrepresentation or fraud.
(2) That the use for which the Yard Modification
Permit was granted has ceased or has been suspended for six or
more consecutive calendar months.
(3) That the conditions of the permit have not been
met, or the permit granted is being or has recently been
exercised contrary to the terms of the approval or in violation
of a specific statute, ordinance, law or regulation.
(c) A written determination of revocation of Permit shall
be mailed to the property owner and the permit holder within 10
days of such determination.
Section 9151.7. Appeals. The approval , conditions of
approval, denial, or revocation of a Yard Modification Permit may
be appealed to the Planning Commission if filed within 14
consecutive calendar days to the date the decision is made in the
manner provided in Subchapter 10L.
SECTION 20. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent wi th the provisions of
this Ordinance, to the extent of such inconsistencies and no
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further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 21. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 22. 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 pool ished once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
_J....... ~ '-~(f-
--' ~ r" , .,..,.. T- - ~ ~
ROBERT M. MYERS
City Attorney
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EXHIBIT 0
CA:RMM:LLD555/hpc
city council Meeting
Santa Monica, California
ORDINANCE NUMBER
(City Council series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA IMPLEMENTING THE
COMPREHENSIVE LAND USE AND ZONING ORDINANCE
BY AMENDING THE INTERIM DISTRICTING MAP
WHEREAS, the City Council has adopted Ordinance Number 1452
(CCS) establishing a comprehensive Land Use and Zoning Ordinance:
and
WHEREAS, the City council has adopted Ordinance Number 1454
(CCS) establishing an interim Official Districting Map pending
comprehensive revision of the Official Districting Map; and
WHEREAS I the City Council has amended the Comprehensive
Land Use and Zoning Ordinance by adding the following new
districts that are not contained in the interim Official
Districting Map of the city: OP-l, OP-Duplex, OP-2, OP-3, and
OP-4; and
WHEREAS, in order to implement the amendments to the
Comprehensive Land Use and Zoning Ordinance it is ne.cessary to
designate properties subject to the new district classifications
pending adoption of a new Oistricting Map for the city; and
WHEREAS, this Ordinance is necessary to ensure that the
Comprehensive Land Use and Zoning Ordinance is consistent with
the General Plan; and
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.
WHEREAS, pursuant to the city's constitutional authority as
a charter city, the city Council waives any procedural
requirement that normally would apply to changes to the
Districting Map of the city; and
WHEREAS, the city council finds that this Ordinance is
necessary to preserve the public health, safety, and welfare so
that development will be consistent with the General Plan,
NOW 1 THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 2 of Ordinance Number 1454 (CCS) is
amended to read as follows:
SECTION 2. Pending adoption of a
new Official Districting Map of the City,
the Official Districting Map of the City
in effect on July 26, 19881 is revised as
set forth in Exhibit "A."
SECTION 2. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
further 1 are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
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.
every section, sUbsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. 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 publ ished once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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ExhibJ.t T
RESOLUTION NO.
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL)
OF THE CITY OF SANTA MONICA
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT
ON THE OCEAN PARK REZONING PLAN
WHEREAS, a Notice of Preparation of an Environmental Impact
Report was issued in September, 1988: and
WHEREAS, a Notice of Completion of a Draft Environmental
Impact Report was published in April, 1989, in compliance with
the California Environmental Quality Act and the city of Santa
Monica CEQA Guidelines; and
WHEREAS, the Draft Environmental Impact Report was made
available for a 45-day pUblic review period beginning on April 1,
1989; and
WHEREAS, in June, 1989, the Final Environmental Impact
Report was pUblishedi and
WHEREAS, on September 19, 1989, the City Council, as Lead
City Agency, reviewed the Final Environmental Impact Report,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council has reviewed and considered the
Final Environmental Impact Report on the Ocean Park Rezoning Plan
prior to acting on the project.
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SECTION
2.
The
City
council
certifies
that
the
environmental review for the project was conducted in full
compliance with State and city CEQA Guidelines, that there was
adequate public review of the Draft Environmental Impact Report,
that it has considered all comments on the Draft Environmental
Impact Report and responses to comments, that the Final
Environmental Impact Report adequately discusses all significant
environmental issues, and that the city Council has considered
the contents of the Final Environmental Impact Report in its
decision-making process.
SECTION 3. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
~W\'~r
ROBERT M. MYERS
City Attorney
w/opres
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~~~-la..
f{)O~ 002-0;'
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C/ED:CPD:Dro~:JWR
INFORMATION: July 28, 1987
Santa Monica, California
TO: Mayor and City Council
~
FROM: City Staff
SUBJECT: Ocean Park Rezoning
INTRODUCTION
This report provides the City Council with a summary of the July
27 Planning Commission public hearing on the rezoning of Ocean
Park.
The City Council had requested that the Planning
Commission review and comment upon the draft interim ordinance
and proposed work program.
At last night I shearing, the Commission heard public comment,
held discussion, and passed several motions that included
recommendations to the Council.
SUMMARY OF PUBLIC COMMENT
Of the twenty-three members of the public who spoke at the
hearing, fourteen opposed the proposed rezoning, eight supported
it, and one remained neutral. The opponents expressed some of
the same concerns as were expressed at the July 7th city Council
hearing; namely, that there was no evjqence of a crisis in Ocean
Park; that the ordinance would cause polarization in the
socio-economic composition of the ~ area; that the ordinance
discriminates against private development; and, that there is no
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would represent a relatively small number of new units in Ocean
Park for 1987.
While Commissioners generally agreed that an interim ordinance
was necessary in Ocean Park, they disagreed about the need for
the uniform R2000 designation. During the week before the
meeting, two commisioners conducted a windshield survey in the
area and, as a result of their observations, developed
alternative interim zoning designations. (These alternative
designations are described below in the discussion of the
approved motions.) Essentially, their alternative interim
designations would replace the R2000 zone with the city's
existing R-2 designation and callout a few small sub-areas that
would receive special treatment (i.e., R2R zoning, site review
overlay). The rationales for this proposal are that the blanket
R2000 designation is inappropriate for some areas of Ocean Park
( i. e., areas west of Main street, where according, to the two
Commissioners, most lots are already built out at or beyond
existing zoning) and that it would be easier during the next year
to implement a designation (i.e. R-2) with which developers, the
Planning Commission and staff are already familiar.
other commissioners opposed multiple designations, arguing that
they would prejudice the outcome of the final zoning for Ocean
Park, and that a brief windshield survey might not proyide a
complete factual basis for interim creation of new zoning
sub-areas within Ocean Park.
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Additional issues raised by commissioners included concern about
exempting vacant parcels from the interim zoning regulations, and
the possible
redevelopment of school
sites,
which some
commsioners felt could result in significant new development in
the area.
Finally, Commissioners discussed the community participation
component of the proposed work program.
Several commissioners
supported the idea of creating a community working group or task
force consisting of active, interested members of the community
to assist in defining community objectives for Ocean Park. Such
a group would allow residents who are concerned to have a key
role in developing policy objectives for the area.
MOTIONS PASSED BY THE PLANNING COMMISSION
The Commission approved two motions regarding the Ocean Park
rezoning. The first motion, approved by a 4-3 vote, called for
the submission to the City Council of an alternative to the draft
interim ordinance .prepared by the city Attorney. The alternative
would contain the following provisions:
1) All parcels west of Main street would be exempt from the
interim regulations.
2) All existing R-3 and R-4 zones within remaining areas
of Ocean Park would be treated as R-2.
3) An area bounded by Highland Ave., 1/2 block south of
Marine, Longfellow, and Ozone in the southwest quadrant of
Ocean Park would have an interim R2R designation.
4) Hollister Court, pico Place, and Copeland Court would have
a site review overlay.
5) A maximum height limit of 27 feet, with the option to
increase to 35 feet provided that there is at least a 30%
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slope on two sides, would apply on land currently zoned R3
or R4.
6) All provlslons of the July 28th draft interim ordinance
that are not inconsistent with the above provisions would
still apply.
The second motion approved unamimously by the Commission had to
do with the community participation component of the proposed
work program. The Commission moved to request that the Council
consider ways of assembling an "interactive" community group to
look at rezoning issues and help define community objectives
during the course of the rezoning study. The nature and duties
of this group would be defined as further work en this project
progressed.
The commission also agreed that public workshops on the Ocean
Park project should begin no earlier than September, due to
summer vacation schedules of many persons.
Prepared by: D. Kenyon Webster, Senior Planner
John W. Read, Assistant Planner
CCINF02
DKW: JWR
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CA:LL:ll233/hpc
City Council Meeting 7-28-87
Santa Monica, California
STAFF REPORT
~~
JUl 2 B 1987
TO: Mayor and city Council
FROM: city Attorney
SUBJECT: Ordinance Limiting Development in the Ocean Park
Area Pending Planning Studies
At its meeting of May l2, 1987, the City council requested
that Planning staff prepare background information for a public
hearing on Ocean Park zoning issues which was held on July 7,
1987. In addition, the City Council directed the city Attorney
to prepare an interim ordinance restricting new development in
the Ocean Park area pending the outcome of further planning
studies. A draft ordinance was prepared and circulated to the
city council as an attachment to the report presented by City
staff to the Council on July 7, 1987. Following the July 7, 1987
public hearing, and consistent with the motions adopted by the
city Council on May 12, 1987 and July 7, 1987, the city
Attorney's office prepared a revised ordinance which is now
presented to the City council for its consideration.
SECTION-BY-SECTION ANALYSIS
The following is a section-by-section analysis of the
proposed ordinance:
Section l. This section sets forth findings which support
the need for an interim ordinance restricting development in the
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JUl 2 B 1987
e .
Ocean Park area pending comprehensive study by the Planning
Division.
These include the unique location and architectural
characteristics of the area, the existing parking deficiencies,
the fact that a number of properties in the Ocean Park area are
not built out in relation to existing allowable zoning
regulations,
concern
about
the
capacity
of
existing
infrastructure to support increasing development, and concern
that an increasing number of applications for development in the
area are beginning to be filed.
Section 2 .
This section provides that no development,
subdivision or parcel map shall be approved in Ocean Park unless
one or more of an enumerated set of findings are made.
Those
findings include the following:
(a) The project is on land vacant as of July 28, 1987.
(b) The project consists of one unit and does not exceed
two stories and 27 feet in height.
(c) The project consists of two to four units, does not
exceed two stories and 27 feet, and there is at least 2,000
square feet of parcel area for each unit.
(d) The project contains five or more units, is not
inconsistent with the findings set forth in Section 1, there is
at least 2,000 square feet of parcel area for each unit, and does
not exceed 27 feet and two stories.
This section further
provides that 1ow- and moderate-income housing projects of five
uni ts or more which are not inconsistent with the findings set
forth in Section 1 and which do not exceed 27 feet and two
stories may be approved so long as they otherwise meet current
lot area per dwelling unit requirements.
{This section was added
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AD!) ic t-L
MEMORANDUM
DATE:
July 28, 1987
TO:
Mayor and City Council
FROM:
Robert H. Myers, City Attorney
SUBJECT:
Ordinance Limiting Development in Ocean Park
Last night, the Planning Commission recommended a number of
changes to the proposed ordinance limiting development in Ocean
Park. It is not possible to revise the ordinance tonight to
incorpor.~e the various comments of the Planning Commission.
Accordingly, if the City Council is interested in pursuing the
recommendations of the Planning Commission, the City Attorney
recommends the following procedure:
1. The City Council postpone and continue the publ1c
hearing on this subject to August 11, 1987.
2 . The
an ordinance
Commission.
City Council direct the City Attorney to prepare
incorporating the recommendations of the Planning
3. The City Council consider both the ordinance currently
before it and the revised ordinance incorporating the Planning
Commission recommendations at its meeting on August 11, 1987.
.
.
to respond to concerns about hypothetical proposed projects which
might contain more than four units but which would not otherwise
conflict with the interim standards or the underlying concerns
which led to the adoption of this Ordinance. This section was
also added to accommodate concerns about the viability of low-
and moderate-income housing projects during the period that this
interim ordinance is in effect.)
(e) The project is in the R2R District.
duplex zone which has a 35 foot height limit.)
(f) The project conforms with any resolution of intention
(The R2R is a
to change zoning adopted on or after the date of adoption of this
ordinance.
(g) The application for a project was deemed complete on or
before July 28, 1987.
This section goes on to define a
Usubstantially complete" application.
(h) The project has a hardship exemption (defined in
section 3 below).
(i) In the R-2, R-3 and R-4 Districts, the room may extend
to 35 feet if the roof pitCh is 30% or more on at least two
sides.
Section 3.
This section establishes a hardship exemption
process.
Hardship claims are to be determined by the city
council within thirty days of filing. The claimant seeking the
hardship exemption shall have the burden of proof and must file
an application for such exemption on the form approved by the
city Attorney on or before November 1, 1987.
In order to obtain a hardship exemption, a claimant must
demonstrate that substantial expenditures or liabilities were
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incurred prior to July 28,
e
1987.
Such expend! tures or
liabilities must have been incurred for seeking required permits
from the Rent Control Board and for architectural working
drawings to develop a project consistent with city requirements
effective prior to adoption of this ordinance. Consideration is
to be given to the nature and significance of the work performed,
the dollar costs, and the percentage of total project costs
represented by the claimed expenditures and liabilities.
section 4.
This section establishes the boundaries of the
Ocean Park area for purposes of this ordinance. Those boundaries
are: pico Boulevard on the north, Lincoln Boulevard on the east,
the city boundary on the south, and Ocean Avenue/ Barnard Way,
and Neilson Way south of Barnard way, on the west.
LOW- AND MODERATE-INCOME HOUSING
The proposed ordinance does not contain a general exemption
or a density bonus for low- and moderate-income housing. It is
our opinion that the inclusion of such a blanket exemption or
bonus would be inconsistent with the reasons for the enactment of
this ordinance, i.e., to limit development until studies can be
done which address the concerns set forth in section 1 of the
proposed ordinance.
The proposed ordinance does, however, accommodate the need
for low- and moderate-income housing in Section 2(d). It
provides that a low- and moderate-income housing project of five
units or greater may be approved as long as it:
(1) meets
existing lot area per dwelling unit requirements, as opposed to
the 2,000 square foot parcel area per unit requirement otherwise
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imposed on projects~ (2) complies with the height limit imposed
on all other projects; and (3) it is not inconsistent with the
findings contained in Section 1 of the Ordinance.
In other
words, proposed low- and moderate-income housing projects will be
subject to all of the same requirements imposed on other
developers with the exception of the lot area per dwelling unit
requirement.
Since the purpose of this ordinance is to control the
density of development in the Ocean Park area on an interim basis
while the city can perform more in-depth studies that will enable
it to establish appropriate permanent standards for the area it
is our conclusion that this provision provides the opportunity
for low- and moderate-income housing to be built without
violating the underlying spiri t and purpose of the proposed
ordinance.
In establishing long-term standards, appropriate
standards for low- and moderate-income housing can be addressed
in the context of an over-all plan for the Ocean Park area.
Permanent standards will have to balance competing interests such
as the need for low- and moderate-income housing and the
desireability of decreased densities.
It should be noted that the density bonus provided by state
law will continue to be available.
State law currently provides
for a 25% density bonus where either 10% of the units in a
development
project
are
deed
restricted
for
low-
and
moderate-income households or at least 25% of the units in a
development project are deed restricted for households of low and
moderate income. See Government Code section 65915.
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RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
Prepared by: Laurie Lieberman, Deputy city Attorney
Robert M. Myers, City Attorney
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A1!) -/; y- (
C/ED:CPD:DKW:JWR
INFORMATION: July 24, 1987
Santa Monica, California
TO:
Mayor and City council
FROM:
City staff
SUBJECT: Transmittal of Planning commission staff Report on
Ocean Park Rezoning
Attached for the City Council's information is the staff report
for the July 27th Planning commission hearing regarding the
proposed rezoning of the Ocean Park neighborhood. In addition to
the July 7th staff report prepared for the Council, this report
provides a copy of the revised draft interim ordinance prepared
by the city Attorney and additional analysis of rezoning issues
requested by the Council.
At the July 7th city council hearing, one of the issues that the
I
council asked staff to address was the effect of the proposed
-
interim zoning ordinance upon the City'S affordable housing
programs.
The attached report provides answers to the specific
questions and concerns raised by the Council.
In order to balance the competing policies of providing
opportunities for the preservation and development of low and
moderate income housing, and the need to preserve and protect the
character of the Ocean park neighborhood, the proposed interim
ordinance provides a mechanism whereby affordable housing
proj ects may occur, so long as the specific proj ect is not
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inconsistent with the findings set forth in Section 1 of the
proposed ordinance.
The attached report requests that the Planning Commission review
and comment upon the draft interim ordinance and work program.
staff will present a summary of the Planning Commission's
recommendations at the July 28th City Council meeting.
Prepared by: D. Kenyon Webster, Senior Planner
John W. Read, Assistant Planner
OPPCINFl
07/24/87
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CITY PLANNING DIVISION
Community and Economic Development Department
MEMORANDUM
DATE: July 27, 1987
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: Ocean Park Rezoning
INTRODUCTION
On July 7, 1987, the City council held a public hearing on a
proposal to rezone the Ocean Pa~k neighborhood. This report
provides background on the rezonJ.ng proposal, a copy of the
July 7, 1987, staff report, some additional analysis requested by
Council on the impact of downzoning, a summary and transcript of
the July 7, 1987 city council hearing, and copies of the proposed
zoning ordinance and draft interim ordinance.
BACKGROUND
On February 9th of this year, a group of Ocean Park residents
submitted to the City council a proposal for downzoning the Ocean
Park neighborhood. Their proposed ordinance, presented in
Attachment C of the JUly 7th staff report (see Attachment 1),
would apply a single residential designation (called R-2000) to
all residential zones in Ocean Park. This designation would
limit residential densities to 2 stories (with an extension to
35 feet if the roof pitch is 30% or more on at least two sides)
and require a minimum lot size of 2000 square feet. The
ordinance proposed by Ocean Park residents also provides a 50%
density bonus for low and moderate income housing.
On May l2, 1987, the City Council directed staff to prepare a
preliminary analysis of the rezoning proposal for a hearing on
Ocean Park zoning issues (please see the July 7th staff report,
Attachment 1). The Council also directed the city Attorney to
prepare an interim ordinance restricting new development pending
the outcome of the issue (see Attachment 2). Copies of the staff
report, proposed zoning ordinance, and draft interim ordinance
were made available prior to the July 7 city Council hearing.
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SUMMARY OF JULY 7, 1987, CITY COUNCIL PUBLIC HEARING
The Council heard from over 75 residents and property owners at
the July 7th public hearing. Concerns dealt primarily with
impact on property valu~s, traffic, parking, infrastructure,
socio-economic composition, and neighborhood character. Some
people were concerned that downzoning would reduce property
values, while others worried that downzoning would increase the
value of real estate, thereby making the area more exclusive.
Some residents stated that new development would exacerbate the
area I s parking problems; others argued tha t new development,
inasmuch as it was affected by strict parking requirements, would
actually improve parking conditions. Many expressed concern
about the effect that new, higher density development would have
on the low-density character of many parts of Ocean Park.
After taking public comment, the council posed additional
questions to staff about the effects of downzoning. These
questions are addressed in the next section of this report.
At the conclusion of the meeting, the council passed two motions.
The first of these was to direct staff to proceed with the
preliminary work program, outlined on pages 30 and 31 of the
staff report. The second motion directed the City Attorney to
submit to the Planning commission for review prior to July 28th
an amended version of the draft interim zoning ordinance for
Ocean Park (see Attachment 2). A transcript of the Council's
discussion at the.July 7th meeting is provided in Attachment 3.
The Council made clear in its discussion that it regards
affordable housing in Ocean Park as a priority. The Council also
made clear that a uniform R-2000 zone for the entire area is not
a foregone conclusion; indeed, multiple zones for different
sub-areas may ultimately be appropriate. Affordable housing and
the possibility of multiple zones are both issues that the
Council would like the Planning Commission to explore during its
study of rezoning in Ocean Park.
ANALYSIS OF ADDITIONAL QUESTIONS POSED BY THE CITY COUNCIL
The Council requested that staff provide additional information
concerning a number of issues. These issues, along with staff's
responses, follow:
1) Q:How would income derived from in lieu fees under Program
12 of the Housing Element be affected by the downzoning?
A: Program 12 of the Housing Element requires that fifteen
percent (15%) of all new units in each market rate housing
project he affordable to persons with incomes of up to 100%
of the Los Angeles-Long Beach Primary Metropolitan statis-
tical Area median incone. The program provides that fees in
lieu of construction ,of required inclusionary units may be
paid to the city. other key provisions of the program
include a five-u~it threshold for program applicability and
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a requirement that any inclusionary units built by the
developer be rental units only.
In order to determine the effect of the proposed zoning
ordinance on Program 12 in lieu fees, staff calculated the
maximum theoretical income possible under both the existing
and proposed zoning. For the purposes of this analysis, it
was assumed that all parcels that were not currently built
to capacity would be recycled and built to capacity. This
assumption, though unrealistic, provides a useful means of
comparing broad effects of the two zoning scenarios on
in-lieu fees.
As per Program 12 regulations, only parcels capable of
holding five units or more under each zoning scenario were
included in the calculations. An average dwelling unit size
of 1000 square feet was assumed. Income was calculated
based on a fee of $4.00 per square foot of floor area for
the first 10,000 floor area and $5.00 per square feet of
floor area above 10,000 square feet, as per Program 12
regulations. These in-lieu fees reflect a reduction of
$1. 50 per square foot from the city t s original fees to
account for recently enacted School District fees on
development. Under existing zoning, total theoretical in
lieu fees would be $13,717,000. Under the proposed zoning,
these fees would be $2,990,000. Assuming a per unit subsidy
cost of $40,000 to develop an affordable housing unit, these
figures translate into 343 and 74 units, respectively.
Again, one should bear in mind that thes,e numbers reflect
unrealistic assumptions about new development. It is
unlikely that all of the parcels will be recycled during the
next few decades. Also, inasmuch as many new projects would
have less than five units, they would not be subject to the
requirements of Program 12.
2) Q: How would the number of affordable housing units allowed
under existing zoning (with the state mandated allowable
density bonus of 25%) compare with the number of units
allowed under the proposed zoning (with the provision of an
additional 25% density bonus, for a total of 50%)?
A: Section 659l5(c) of the California Government Code pro-
vides that when a developer constructs at least 25 percent
of the total units of a housing development for persons and
faml1ies of low or moderate income, the developer is enti-
tled to a density bonus of at least 25% over the maximum
allowable residential density under the applicable zoning
ordinance. Thus, a 25% density bonus is available under
current zoning. State law stipulates that density bonuses
may only apply to projects with five or more dwelling units.
The proposed zoning ordinance for Ocean Park would honor the
state mandated bonus of 25% and allow an additional 25%
bonus, for a total of 50%.
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Table 1
.
AFFORDABLE UNITS WITH DENSITY BONUSES
EXISTING
ZONE EXISTING ZONING PROPOSED ZONING
Additional Additional
:# DU's in Affordable #: DU's in Affordable
Projects Units with Projects Uhits with
2 5 DU I s 25% Bonus 2 5 DU I s 50t Bonus
R-2 480 120 172 86
R-3 2433 608 448 224
R-4 405 101 103 51
Total 3318 829 723 361
Units
As per Section 65915(C) of the Title 7 of the California Govern-
ment Code. Assumes density bonuses apply only to projects with
5 Dwelling Units (DU's).
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The comparative analysis of affordable units under density
bonus provisions again assumes that all parcels capable of
being developed with 5 or more units would be developed to
capacity.
Table 1 shows the potential number of affordable units under
existing and proposed zoning. Existing zoning would allow
as many as 829 affordable units, while proposed zoning would
allow 361, or less than half the number of affordable units.
3) Q: How would category D regulations in Chapter 5, section
5016 of the Rent Control ordinance affect new development in
Ocean Park under the proposed R-2000 zoning?
A: Chapter 5, section 5016(d) of the Rent Control regula-
tion limits the removal of rental units to those instances
in which there will be no net decrease either in the number
of rental units on the site or in the number of rental units
on the site that are affordable to low and moderate income
persons. Thus, throughout the City, sites that are
developed with densities greater than those allowed under
current zoning standards cannot recycle unless the Rent
Control Board grants permission to develop a portion of
replacement units off site. The reduction of allowable
densities in Ocean Park would increase the incidence of
these cases but would not create a new dilemma for the city.
It should be noted that the Rental Control regulation allows
demolition of rental units under three other removal pernit
categories A, Band C. Category A allows the Rent
Control Board to grant removal permits if it finds that the
landlord is unable to collect the current Maximum Allowable
Rent (MAR) on the unit. Category B allows removal if the
Board finds that the current MAR for the unit does not
provide a fair return to the landlord. Finally, Category C
allows removal if the Board finds that the controlled rental
unit is uninhabitable and cannot be made habitable in an
economically feasible manner.
4) Q: what impact would the R-2000 zoning have on the con-
struction of affordable housing in Ocean Park?
A: To the extent that downzoning reduces density, it
increases the land costs associated with the construction of
new units, unless there is a corresponding decrease in land
values as a result of downzoning. The question for Ocean
Park then becomes, by how much might downzoning increase
per-unit land costs, and what impact would this have on
affordable housing production?
Table 2 shows the number of units that could be built on a
typical parcel (6000 sq. ft.) in Ocean Park under several
scenarios. These scenarios include existing zoning, exist-
ing zoning with a 25% density bonus, and proposed zoning
with 25% and 50% density bonuses. The table shows that the
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Table 2
.
A TYPICAL AFFORDABLE HOUSING PROJECT
ON A 6000 SQUARE FOOT LOT
EXISTING
ZONING R-2000
EXISTING WITH 25% WITH 0% R-2000 R-2000
ZONE # UNITS BONUS BONUS WITH 25% WITH 50%
R-2 4 5 3 4 5
R-3 5 6 3 4 5
R-4 6 8 3 4 5
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maximum number of units allowed under any scenario is 8
units (R4 zone, with a 25% density bonus). The current R2
zone, with a 25% density bonus, yields 5 units. To achieve
the same maximum yield in the proposed R-2000 zone as in the
current R2 zone, the R-2000 density bonus would have to be
50%.
Table 3 examines land costs per unit. Land costs were
estimated to be $30 per square feet, and typical parcel size
was again set at 6000 square feet. Clearly, changes in
these two assumptions would significantly affect the outcome
of the analysis. The table illustrates that as densJ.. ties
increase, land costs decrease. The lowest land costs per
unit, $22,500, occurs in the R4 zone with a 25% density
bonus. The highest land cost per unit, $45,000, occurs in
the R-2000 zone with a 25% density bonus. A density bonus
of 50% in the R-2000 zone yields the same land cost per unit
as a 25% density bonus in the current R2 zone -- $36,000.
In order to determine the impact of the proposed R-2000
zoning on the continued feasibility of developing affordable
housing units under one of the city's adopted housing
programs, i.e., the city-wide Housing Acquisition and
Rehabilitation Program (CHARP), Table 4 compares the total
development costs per affordable unit assuming various
density scenarios. The table compares the R-2000 zoning for
a typical affordable housing unit with current R-2 and R-3
affordable housing zoning, and R-2000 zoning with varying
density bonus assumptions. The CHARP Program currently has
a maximum per-unit subsidy of $35,000, and projects which
require a higher level of SUbsidy are not feasible without
either developer equity or the addition of Federal or state
subsidies. The table illustrates that a project would not
be feasible under the current adopted CHARP Guidelines at
the R-2000 zoning, even with a 50% density bonus.
However, it would be feasible to develop affordable units
under current CHARP guidelines on lots of greater than 7000
square feet with a 75% density bonus. These conditions
would allow the construction of at least 6 units and, thus,
would reduce the required subsidy to $33,197 or less. staff
estimates that between 10% and 20% of the lots in Ocean Park
are 7500 square feet or more in size.
5) Q: How will existing as well as the proposed R-2000 zoning
affect traffic?
A: using an Average Daily Trip Rate of 6.6 trips per dwel-
ling unit, the following totals were derived for existing
development, maximum development under existing zoning, and
maximum development under proposed zoning:
- 7 -
..
.
Table 3
.
FEASIBILITY ANALYSIS
Land Cost per unit @ $30 sq. ft.= $180,000 .
LAND LOST PER UNIT FOR
ZONE/BONUS AFFORDABLE HOUSING
R-2 wi 25% Bonus $180,000 5 $36,000
R-3 wi 25% Bonus $180,000 6 = $30,000
R-4 wi 25% Bonus $180,000 B = $22,500
R-2000 wi 25% Bonus $180,000 4 ... $45,000
R-2000 wi 50% Bonus $180,000 5 $36,000
* Assumes no change in land cost.
- 8 -
.
. .
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- 9 -
.
.
# DU's
Average
Daily
_ :rrips
Existing Development
Max. Development: Existing Zoning
Max. Development: Proposed Zoning
5809
7130
6235
37,408
47,058
41,151
These figures apply to the Ocean Park neighborhood as a
whole. An analysis of traffic impacts on specific streets
and intersections is not feasible at this time, but will be
conducted as part of the environmental impact analysis of
the project.
6) Q: What are the projections for building in the next five,
ten, and twenty years at the present and even 1987-88
acceleration?
A: Projecting rates of new development for Ocean Park is
difficult, especiallY considering that the growth rate for
1987 far exceeds the growth rates for the five preceding
years.
Below are two sets of projections, one based on the average
annual growth rate between 1982 and 1987, the other based on
the 1987 growth rate alone. Each set of projections begins
with the 1987 base figure of 5809 dwelling units and
projects forward from this base using the appropriate growth
rate.
Year
Annual Growth Rates
.009 (1982 - 1987)
.037 (1987)
1987 (base year)
1992
1997
2007
5,809 DU's
5,927
6,199
6,780
5,809 DU's
6,966
8,353
12,013
The table shows clearly that projections based on the 1987
growth rate alone results in nearly twice the number of
dwelling units by the year 2007 as projections based on the
average annual growth rate between 1982 and 1987.
One should keep in mind that the rate of development will
fluctuate with economic cycles, the nature and duration of
which are extremely difficult to predict.
- 10 -
).
.
.
PROPOSED WORK PROGRAM
staff has assembled a preliminary outl ine of the maj or tasks
necessary to complete a thorough study of the issues surrounding
rezoning the Ocean Park neighborhood (see Table 5). Resolution
of the issues requires active community participation in addition
to thorough technical analysis. Due to staff's anticipated
workload, it will be necessary to hire a consultant to prepare
portions of the analysis for this project.
The dates assigned to work program tasks are based upon staff's
estimation of the minimal time needed for their completion. The
proj ect 'schedule may require changes because of other commit-
ments of the City Council, Planning commission and staff.
RECOMMENDATIONS
It is respectfully recommended that the Planning Commission:
1) review the proposed Interim Zoning Ordinance and
forward any comments on it to the city Council, and
2) review and comment on the proposed work program.
Attachments: L July 7 I 1987 I Staff Report to city Council,
with additional attachments A, B, and C.
2. Draft Interim Ordinance
3. Transcript of July 7/ 1987, City Council
discussion regarding downzoning proposal
Prepared by:
D. Kenyon Webster, Senior Planner
John w. Read, Assistant Planner
oppcl
DKW:JWR:klc
07/23/87
- 11 -
..
.
Table 5
.
WORK PROGRAM
Task
1)
Initial public hearing before City
council
2)
Plann~ng Commission public hearing on
rezon~ng issues, including review of
draft interim ordinance and work program
3)
City Council adoption of interim standards
and direction to Planning Commission
4)
Neighborhood workshops conducted by staff
concerning downzoning issues
5)
Planning commission review of consultant
Request for Proposals for planning studies,
evaluation of alternatives, neighborhood
outreach and preparation of Environmental
Impact Report.
6)
Hire consultant and prepare study of alterna-
tives. Consultant tasks should include:
a) preparation of Existing Land use map.
b) Leading at least two neighborhood work-
shops to elicit residents' opinions on
rezoning.
c) Preparation of Existing Zoning and at
least two zoning Alternatives maps,
for public presentation.
d) Leading a third neighborhood workshop to
present alternatives to the community and
obtain public comment.
7) Planning Commission public hearing on study
results, alternative development standards,
and identification of preferred standards.
8) Completion of Environmental Impact Report.
9) Completion of public review periOd on EIR.
10) Planning Commission public hearings on Final
EIR and rezoning proposal, formulation of
neeessary Zoning Ordinance and Districting
Map amendments, and forwarding of recommen-
dations to City ~ouncil.
- 12 -
~
Completion Date
July 7
July 27
July 28
August
September
November
December
March
May
June