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SR-400-004 (6) CA:RMM:rmd749bjhpca City Council Meeting 8-9-88 fbo"- 010'1 · 6-B AUG 9 1988 Santa Monica, California . STAFF REPORT t..-/ ~ /"I .---...--. ~;;.." i~' \..~~ <.er ~ L-a-r- -___ ~r TO: Mayor and City Council city Attorney FROM: SUBJECT: ordinance Amending the Santa Monica Municipal Code by Repealing Chapter 1 of Article IX of the Santa Monica Municipal Code and Section 9516 of the Santa Monica Municipal Code and Adding A New Chapter 1 to Article IX of the Santa Monica Municipal Code to Adopt a Comprehensive Land Use and Zoning Ordinance At its meeting on July 27, 1988, the City Council introduced for first reading an ordinance amending the Santa Monica Municipal Code by repealing Chapter 1 of Article IX of the Municipal Code, repealing Section 9516 of the Municipal Code, and adding a new Chapter 1 to Article IX of the Municipal Code to adopt a Comprehensive Land Use and Zoning Ordinance. The accompanying ordinance is now presented to the City Council for .- adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Robert M. Myers, city Attorney b-B AUG 9 15&~ . . CA:RMM:rmd745/hpca city council Meeting 8-9-88 Santa Monica, California ORDINANCE NUMBER (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE SANTA MONICA MUNICIPAL CODE BY REPEALING CHAPTER 1 OF ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE AND SECTION 9516 OF THE SANTA MONICA MUNICIPAL CODE AND ADDING A NEW CHAPTER 1 TO ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE TO ADOPT A COMPREHENSIVE LAND USE AND ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 1 of Article IX of the Santa Monica ~ Municipal Code, consisting of sections 9100 to 9158, inclusive, and Section 9516 of the Santa Monica Municipal Code are hereby repealed, provided: (a) The repeal of said sections shall not in any manner affect the prosecution for violations thereof, which violations were committed prior to the effective date hereof, nor shall the repeal of said Sections affect any prosecution or action which may be pending or may hereinafter be filed in any court for the violation of any of the provisions of said Section. As to any such violations of any of said sections and as to any such prosecution or pending prosecution or action, said sections and each of them shall be deemed to continue and be in full force and effect. -l- . . (b) Said sections and each of them shall be deemed to continue and be in full force and effect as to any application not subject to the Comprehensive Land Use and Zoning Ordinance adopted pursuant to Section 2 of this Ordinance by reason of section 9002.2 thereof. SECTION 2. The Santa Monica Municipal Code hereby is amended by adding a new Chapter 1 to Article IX thereof to consist of sections 9000.1 to 9150. a, inclusive. Insofar as these provisions are substantially the same as existing provisions of Chapter 1 of Article IX relating to the same subj ect matter, these provisions shall be construed as restatements and continuations and not as new enactments. Chapter 1 is added to Article IX of the Santa Monica Municipal Code to read as follows: -2- . . Subchapter 1. General Provisions. Section 9000.1. Title. This Chapter shall be known as the "City of Santa Monica Comprehensive Land Use and Zoning Ordinance." Section 9000.2. Purpose. The purpose of this Chapter is: (a) To guide growth and development of the City in an orderly manner consistent with the goals, objectives, and policies of the Santa Monica General Plan. (b) To protect and enhance the quality of the natural and built environment. (c) To protect the quality ot life for all residents. (d) To ensure adequate park and public open space. (e) To provide stable and desirable residential neighborhoods. (f) To assure easy access to coastal resources, well maintained parks, and attractive streets. (g) To promote viable commercial and industrial enterprises. (h) To provide diverse employment opportunities. (i) To protect and improve tourist and visitor serving facilities and services. (j) To generate community identity with a vibrant downtown and civic center. (k) To provide for citizen participation in the development decision-making process. (1) To promote the public health, safety, and general - 3 - . . welfare by regulating the location and use of structures, and land for residential, commercial, recreational, and other specified uses. Section 9000.3. Definitions. The phrases as used in this Chapter shall meanings: Accessory Building. A detached building which is located on the same lot as the principal building and is incidental and subordinate to the principal building in terms of both size and buildings, industrial, following have the words or fOllowing use. Accessory Livinq 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. Act of Nature. A natural occurrence such as an earthquake, flood, tidal wave, hurricane or tornado which causes substantial damage to buildings or property. Altered Grade. A Change 1n 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. - 4 - . . 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, - 5 - . . 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. Automobile Storage Lot. Any property used for short or long term parking of vehicles for sale or lease at an automobile dealership. Automobile washing Facility. Any building, structure, improvement or land principally used for washing motor vehicles. Automobile Rental Agency. Any business establishment which rents or otherwise provides motorized transportation vehicles on 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. Average Natural Grade. The average elevation of the ground level of the parcel surface in its natural state as measured from the corners of the parcel. Awninq. A temporary shel ter 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 - 6 - . . building and is surrounded on the exposed sides by a railing or wall up to 42 inches in height. Basement. The portion of a structure below the finished first floor. A basement shall be considered a story if the finished first floor extends more than 3 feet above the average natural grade. Bed and Breakfast Facility. A building or portion of a building used as a temporary lodging place for individuals which does not have more than four quest rooms and one kitchen. Bedroom. A private room planned and intended for sleeping, separated from other rooms by a door and accessible to a bathroom without crossing another bedroom. Boarding House. A residential building with common cooking and eating facilities where a room or any portion of a room is rented to a person or persons unrelated to the person renting the room. Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind or nature. Building Bulk. The aggregate of three dimensional forms making up a building. Building Coverage. The horizontal area measured within the perimeter of the exterior walls of the ground floor or upper floors that overhang the ground floor of all principal and accessory buildings on a parcel. Building Height. The vertical distance measured from the existing average natural grade to the highest point of the roof. - 7 - . . Building Mass. Three dimensional forms, the simplest of which are cubes, boxes, cylinders, pyramids and cones. A building is rarely only one of these simple forms, and is generally a composite of these forms. Building, Principal. A building in which the principal use of the parcel on which it is located is conducted. Building Size. The agqreqate of building mass and building bulk permitted on a parcel 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. - 8 - . . 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. 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 Facilitylt 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 Facilitylt 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-Through or Drive-In Restaurant. A restaurant where customers may be served food in their vehicles for consumption - 9 - . . either on or off the site. Duplex. One structure on a single parcel containing two dwelling units, each of which is functionally separated from the other. Dwell ing . A structure or portion thereof whiCh is used principally for residential occupancy. Dwelling, MUlti-Family. A dwelling containing two or more dwelling units. Dwelling, Single-Family. A building containing one dwelling unit which contains only one kitchen and which is located on a permanent foundation. 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 Unitt Efficiency. A dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and bathroom facilities. Electric Distribution Substation. An assembly of equipment which could include fuel cells and microwave, cable, radio and/or other 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 - 10 - . . 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 a building, incl uding 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) Elevators, elevator equipment rooms, and elevator shafts. (3) Ramps to a subterranean or semi-subterranean parking structure or ramps between floors of a parking structure providing the ramp does not accommodate parking. (4) Unenclosed decks, balconies, and platforms not used for commercial or restaurant activity. (5) Exterior courtyards, arcades, atria, paseos, walkways, and corridors whether or not covered by a roof provided they are not used for commercial or restaurant activity. (6) The volume above interior courtyards, atria, - 11 - . . paseos, walkways, and corridors whether covered or not. (7) Subterranean and semi-subterranean parking structures used exclusively for parking and loading and unloading. (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, lounqes, 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 heiqht. (2) There is at least one level of subterranean or semi-subterranean parking provided on the parcel. (3) The at-grade and above grade parking levels are - 12 - . . 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 parcel 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. 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 parcel, 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. Grading. Any stripping, cutting, soil removal, filling, or - 13 - . . 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 parcel. 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 1 imi ted to rocks, pebbl es, sand, wood, mulch, chips, walls, fences, planters, bricks, stone, aggregate, natural forms, and water features. Hed~e. 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. Hospice. A facility that provides residential living quarters for up to six terminally ill persons. A hospice is a - 14 - . . 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 parcel 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 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 daily, inclusive, - 15 - . . including children who reside at the home. Light ManUfacturing. Manufacturing uses conducted within an enclosed building that include fabricating, assembling, testing, repairing, servicing or processing products where the nature of the operation is not obnoxious or offensive by reason of emission of odor, dust, noxious gas, noise, vibration, glare, heat or other adverse environmental impacts. Living Area. The interior habitable area of an existing principal dwelling unit including basement and shall not include a garage. Living Quarters. A structure or portion thereof which is used principally for human habitation. Loading Space. An off-street space or berth on the same parcel with a building for the temporary parking of a vehicle while loading or unloading of qoods. Loft. See Mezzanine. Lot. A parcel. 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 (HUD), adjusted for household size. Manufactured Housing. A residential structure built off-site and moved to a designated site for placement on a permanent foundation. Mezzanine. An intermediate level without walls or parti tions, placed in any story or room and open to the space below. When the total area of any such mezzanine floor exceeds - 16 - . . 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. Mini-Mart. A small retail store selling commonly purchased groceries, fast-foods, household goods, and impulse items, and located on the same parcel 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 parcel 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 - 17 - . . income is between 81% and 120% of the median income of the Los Angeles-Long Beach-Anaheim Primary Metropolitan statistical Area (PMSA), as determined periodically by the U. S. Department of Housing and Urban Development (HUD), adjusted for household size. Motel. An establishment providing transient accommodations 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. Night Club. An establishment which primarily offers live entertainment or dancing and which may serve food or beverages. Nonconforming Building or Structure I 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. Nursing Home. A facility licensed to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness, or infirmity are unable to care for themselves. Outdoor storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place - 18 - . . 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 I 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 and grade below, for a groundmounted dish antenna, and to the roof below for a roofmounted dish antenna. 3 . Microwave Relay Antenna. A transmi ttinq and recei vinq antenna, typically disc or double convex shaped with no active element external to the disc, that communicates by line of sight with another similar antenna. 4. Reasonable Functional Use. That positioning of a parabolic antenna which peI'1l1its 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 - 19 - . . 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 antenna that receives or transmits communications by line of sight with a geosynchronous orbiting satellite. , 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 parcels 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 Coverage. That portion of the parcel that is covered by buildings and structures. Parcel coverage shall include that - 20 - . . area of the parcel directly below any upper level of a building or structure that is cantilevered beyond the edge of the first level of the building or structure. Parcel Depth. The distance measured from the front parcel line to the rear parcel line as per the legal 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 Frontage. The width of the front parcel line measured at the street right-of-way. Parcel, Key. The first interior parcel to the rear of a reversed corner parcel and not separated therefrom by an alley. Parcel Line. A 1 ine 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 1 ine separating a parcel from a street right-of-way. In the ease 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 - 21 - . . line of which is substantially a continuation of the front parcel line of the first parcel to its rear. Parcel, Through. A lot which fronts on two parallel streets or which fronts upon two streets which do not intersect at the boundaries of the lot. 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 parcells address. Pedestrian Orientation. Desiqn qualities and elements that contribute to an active, inviting street level environment making the area a pleasant place to walk and shop including but not limited to: (a) Street furniture. (b) Design amenities related to the street level such as awnings, paseos, arcades. (c) Visibility into buildings at the street level. (d) Highly articulated facades at the street level with interesting uses of material, color, and architectural detailing. (e) Continuity of the sidewalk with a minimum of intrusions into the pedestrian right-Of-way. (f) Continuity of building facades along the street with few interruptions in the progression of buildings and stores. (g) Siqnage 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 - 22 - . . the m~'!1lper of customers by requiring appointments or otherwise excludinq the general public. A pedestrian oriented use may suqgest 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 exceedinq 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. A building or structure, or groups of buildings or structures, which by design and construction are primarily intended for conducting religious services and accessory uses associated therewith. Planning Commission. The seven member body responsible for carrying out functions with respect to planning and zoning as may be prescribed by this Article. Porte Cochere~ A roofed structure extending from the entrance of a building over an adjacent driveway, the purpose of which is to shelter persons entering and exiting a building. Principal Use. The primary or predominant use of any site. Photocopy Shop. An establishment that reproduces or prints documents. A print shop shall be considered to be the same as a photocopy shop. - 23 - . . 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-co1tlJIlercial 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, 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 - 24 - . . 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. Self-Service Storage Warehouse (Mini-Warehouse). A warehouse operation where customers rent or lease, and have direct access to, individual storage areas, compartments, or rooms within a larger structure or structures provided for storage use. Senior citizen. An individual 62 years of age or more. Senior Group Housin9. 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 parcel line and a - 25 - . . 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 tlprovidertl shall mean a government agency or private non-profit organization which provides, or contracts with recognized community organizations to provide, emergency or temporary shelt.er 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-af-way and which is associated with a restaurant or other eating and drinking establishment on a contiguous adjacent parcel. Single Room Occupancy. A housinq unit which is contained within a residential hotel, rooming house, hotel, or motel where the unit does not contain either private food preparation or - 26 - . . sanitary facilities. Site. Any plot or parcel of land or combination of contiguous parcels 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 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 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 parcel. 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 - 27 - . . a fixed location on the ground, or is attached to a building or other structure having a fixed location on the ground. Subdivision. See Chapter 3 for all subdivision definitions. Substantial Remodel. Removal of 50 percent or more of the exterior walls or removal of 50 percent or more of supporting members of a structure such as bearing walls, columns, beams, or girders. Tandem 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, acti vi ty , or use for which the temporary structure was erected has ceased. Temporary Use Permit. An administrative permit obtained in accordance with Subchapter lOCo Theater. Any hall where live entertainment is given or held as the principal use, any establishment containing a pennanent stage upon which movable scenery and theatrical appliances are used and where regular theatrical perfonnances 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 minimum facilities for water, sewer, electricity, and laundry. - 28 - . . 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. 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 lCE. Very Low Income Household. A household whose gross annual income is between 0% and 50% of the median incollle 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 parcel lines and not covered by buildings. Yard, Front. A space extending the full width of the parcel between any building and the front parcel 1 ine , and measured perpendicular to the building at the closest point to the front - 29 - . . parcel line. The front yard shall be unoccupied and unobstructed from the ground upward except as may be permitted by this Chapter. Yard Sale. Any sale held for the purpose of selling, trading, or otherwise disposing of unwanted household furnishings, personal goods, or other tangible properties under control of the person holding such sale and conducted in a residential district. Yard, Side. A space extending the full depth of the parcel between the principal building and the side parcel line measured perpendicular from the side parcel 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 parcel between the principal building and the side parcel line adjacent to a public street right-of-way measured perpendicular from the side parcel 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 parcel between the principal building and the rear parcel line measured perpendicular from the rear parcel 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 - 30 - . . the City of Santa Monica. Section 9000.4. Number of Days. Consecutive calendar days shall be used when calculating the n~mber of days as specified by this Chapter. In the event a time period ends on a Saturday, Sunday, or holiday, the time period shall end on the next consecutive business day. Section 9000.5. Rounding of Quantities. Whenever this Chapter requires consideration of distances, parking spaces, unit density, or other aspects of development or the physical environment expressed in numerical quantities which are fractions of whole numbers, such numbers are to be rounded to the nearest highest whole nDmber, when the fraction is .5 or more, and to the next lowest whole number when the fraction is less than .5, except as otherwise provided by this Chapter. - 31 - . . Subchapter 2. Establishment of Zoning Districts. section 9001.1. Establishment of Districts. The city of Santa Monica is divided into zoning Districts of such number and character as are necessary to achieve compatibility of uses within each District and to implement the General Plan. The following Districts are established: (a) Rl Single-Family Residential District. (b) R2R Low Density MUltiple-Family Residential District. (0) R2 Low Density Multiple-Family Residential District. (d) R3 Medium Density Multiple-Family Residential District. (e) R4 High Density Multiple-Family Residential District. (f) RVC Residential-Visitor Serving Commercial District. (g) BCD Broadway Commercial District. (h) C2 Neighborhood Commercial District. (i) C3 Downtown commercial District. (j) C3-C Downtown Overlay District. (k) C4 Highway Commercial District. (1) C5 special Office Commercial oistrict. (m) C6 Boulevard Commercial oistrict (n) CM Main street Special Commercial District. (0) CP Commercial Professional District. (p) cc civic center District. - 32 - . . (q) Ml Limited Manufacturing District. (r) PL Public Lands Overlay District. (s) A Off-Street Parking overlay Designation. (t) N Neighborhood Commercial Overlay Designation. (u) R-MH Residential Mobile Home Park District. The Rl, R2R, R2, R3, R4, RVC, and R-MH Districts shall be considered residential districts. The BCD, C2, C3, C4, C5, C6, CM, and CP Districts shall be considered commercial districts. The Ml District shall be considered an industrial district. The CC District shall be considered a public, institutional district. Section 9001.2. Adoption of District Map. The boundaries of the Zoning Districts established by Section 9001.1 shall be shown upon the map designated as the "Official Districting Map of the city," on file with the city Clerk and adopted, and from time to time amended, by ordinance of the city Council. Section 9001.3. Rules to Determine Appropriate District. The following rules shall be employed to determine the boundaries of a District as shown on the Official Districting Map of the City: (a) Where a boundary is indicated as approximately following a street and alley line or parcel line, the centerline of the street or alley, or the parcel line shall be the boundary. - 33 - . . (b) In unsubdivided property or where a District boundary divides a parcel, the location of the boundary, unless it is indicated by dimension, shall be determined by the use of the scale appearing on the Official Districting Map of the city. (c) Where any public street or alley is officially vacated or abandoned, the District regulations applicable to abutting properties shall apply to the former centerline of the vacated or abandoned street or alley. (d) Where any private right-of-way or easement of any railroad, railway, transportation or public utility company is vacated or abandoned, the District regulations applicable to abutting properties shall apply to the former centerline of the vacated or abandoned right-of-way easement. (e) The air rights above or the ground rights below any freeway, parkway, highway, street, alley, or easement shall be in the same District as is applicable to the property abutting the freeway, parkway. highway. street. alley, or easement. In cases where a freeway, parkway, highway, street, alley, or easement forms the boundary between Districts, the centerline of the right-of-way shall be the boundary. (f) In case any uncertainty exists, the planning commission shall determine the location of the District boundary. Section 9001.4 Adoption of Overlay Districts. Where a specifically delineated area within the City requires preparation of an overlay district designation, that district shall be adopted in the manner set for in Subchapter lOH of this Chapter. - 34 - . . Subchapter 3. General Requirements. Section 9002.1. Application. Except as provided in this chapter, land or buildings may be used and structures may be erected or altered only in accordance with the following provisions: (a) No new building shall be erected and no existing building shall be moved, altered, or enlarged, nor shall any land, building, or premises be used, designed, or attempted to be used or designed for any purpose or in any manner other than a use listed in this Chapter, as permitted in the District in which the land, building, or premises is located. The lawful use or uses of all buildings, improvements, and premises existing in any Distr ict at the time of the adoption of this Chapter may be continued except as provided by this Chapter. (b) No building shall be erected nor shall any existing building be moved, reconstructed, or structurally altered to exceed in height or floor area the limit established by this Chapter for the District in which such building is located. (c) No building shall be erected nor shall any existing building be moved, altered, enlarged, or rebuilt, nor shall any open spaces surrounding any buildings be encroached upon or reduced in any manner except in conformity with the property development standards for each District in which such building is located. Cd) No yard or open space provided adjacent to any building for the purpose of complying with the regulations of this Chapter shall be considered as providing a yard or open space for any - 35 - . . other building or structure. (e) No parcel or building shall be separated in ownership, or reduced in size in any manner, so that: (1) Any separate portion shall contain a parcel area or parcel dimension less than the minimum required for the District in which the property is located. (2) Any yard area is reduced below the minimum required for the District in which the project is located. (3) The parcel fails to comply with any other requirement of this Chapter. (4) Any portion of a parcel that is necessary to provide the required area per dwelling unit is separated from the portion of the parcel on which the building is located. (f) No lot or parcel of land held under common ownership which does not meet the requirements of the District in which it is located shall be separated in ownership or further reduced in size in any manner. (g) Two or more parcels may be combined and used as a single parcel if: (1) The building site shall be subject to all requirements of this Chapter as through the total area comprised in the site were a single parcel. (2) All of the building site shall be under common ownership. - 36 - . . (3) A covenant by the owner of the parcels shall be filed with the Zoning Administrator and recorded with the County Recorder's office before any use or combination of parcels occurs. The covenant shall state the intention of the owner to develop the parcels as a single building site and shall be in the form required by the Zoning Administrator. Section 9002.2. Vested Right. The following projects shall have a vested right to proceed without complying with this Chapter. (a) Previously Approved Conversion. The conversion to condominiums or other form of subdivided ownerShip for any multi-family dwelling that has a final subdivision map approved prior to October 1, 1981, and has received either a removal permit or vested right determination from the Santa Monica Rent Control Board. (b) Projects with Currently Valid Building Permit. The erection, construction, enlargement, demolition, moving, conversion of and excavation and grading for, any building or structure for which a valid building permit is in effect as of the effective date of this Ordinance. (e) Previously Approved Development Permit. The erection, construction, enlargement, demolition, moving, conversion of an excavation and grading for, any building or structure for which a valid development permit is in effect pursuant to Ordinance Number 1321 (CCS). A development permit which does not contain an express limit on the time for exercising the permit shall be deemed valid only if a building permit is obtained within one - 37 - . . year of the date of adoption of this Chapter. No time extensions shall be granted for any development permit approved prior to the adoption of this Chapter. (d) Applications Deemed Complete. Any project for which an application was filed pursuant to ordinance NUmber 1321 (ees) and deemed complete in accordance with Ordinance Number 1441 (CCS) or 1449 (ces) prior to April 29, 1988. (e) Development Agreement. Development in accordance with the terms and conditions of a development agreement approved by the ei ty Council pursuant to Chapter 8 of Article IX of this Code. Section 9002.3. ~uilding Permits. (a) Before any work pertaining to the erection, construction, demolition, reconstruction, moving, conversion, or alteration of any building is commenced, a building permit shall be issued by the Building Officer. It shall be unlawful to commence any work until and unless a building permit is issued. No building shall be occupied or used unless a business license for the use, where required, is first obtained in accordance with the Code. (b) Each application of a building penn it shall contain accurate information and dimensions as to the size and location of the buildings on the parcel or buildings proposed to be placed or erected on the parcel, the dimensions of all yards and open spaces, and such other information as may be necessary for the enforcement of these regulations. Where complete and accurate information is not readily available from existing records, the - 38 - . . Building Officer may require the applicant to furnish a survey of the parcel prepared by a licensed surveyor. The original of such application shall be kept in the office of the Building Officer and the duplicate copy shall be kept at the building site at all times during construction. Section 9002.4. Zoning Conformance Review. (a) Zoning Conformance. Prior to issuance of a building permit for any building or structure, or prior to issuance of a business license for any initiation of a use, a Zoning Conformance Review shall be performed by the Zoning Administrator, to ensure that the permit, license, or use complies with all provisions of this Chapter. (b) Change of Occupancy. In the event of a proposed change of occupant or tenant on a parcel of land or of a building, or a portion thereof, no new business license for such new occupant or tenant to occupy or use any parcel of land or building shall be issued until a new Zoning Conformance Review has heen performed for such occupancy or tenancy. (0) Change of Use. In the event of a proposed change of use of a parcel of land or of a building, or portion thereof, no business license for such change of use shall be issued until a new zoning Conformance Review has been performed for such use. - 39 - . . Section 9002.5. Use of Standard Industrial Classification (SIC) Manual. Groups of uses permitted, permitted subject to approval of a performance standards permit, conditionally permitted, or prohibited for all Districts have been partially developed using the classifications identified in the Standard Industrial Classification (SIC) Manual 1972. This Manual shall be used to classify similar uses not specifically listed or classified in this Chapter. Section 9002.6. Conflict with other Re~lations. Where conflicts occur between the regulations of this Chapter and the Building Code or other regulations effective within the City, the more restrictive of the regulations shall apply. When this Chapter imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, or regulations or by easements, covenants, or agreements, the provisions of this Chapter shall apply. Section 9002.7. Compliance. All City departments, officials, or public employees, vested with the duty or authority to issue licenses, permits, or certificates of occupancy where required by law, shall comply with the provisions of this Chapter. No permit or license for buildings, uses, or purposes shall be issued which would be in conflict with the provisions of this Chapter. Any permit or license issued in conflict with the provisions of this Chapter, shall be null and void. - 40 - . . section 9002.8. Compliance by City, School District, and Other Aqencies. To the extent permitted by state law, the provisions of this Chapter shall apply to all buildings, improvements, parcels, and premises owned, leased, operated, or controlled by any municipal or quasi municipal corporation, utility, school district, authority, or governmental agency within the City of Santa Monica. Development in existence on the effective date of this Chapter shall not be subject to the provisions of this subsection. City Government uses may be permitted in any district SUbject to the approval of a Conditional Use Permit. Section 9002.9 Neighborhood Impact statement. A neighborhood impact statement shall be prepared as part of the City's environmental review process for any project over 15,000 square feet if the project is subject to a discretionary permit and if the project is not exempt from environmental review under the City of Santa Monica Guidelines for implementation of CEQA. - 4l - . . Subchapter 4. Zoning Districts and Uses. Subchapter 4A. Rl single Family Residential Uses. section 9010.1 Purpose. The Rl oistrict is intended to provide a single family residential area free of disturbing noises, excessive traffic, and hazards created by moving automobiles. The Rl district is designed to prevent burdens 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 R1 district affords protection from deleterious environmental effects and serves to maintain and protect the existing character and state of the residential neighborhood. Section 9010.2 Permitted Uses. The following uses shall be permitted in the Rl District: (a) Hospice facilities. (b) One single family dwelling per parcel 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. - 42 - . . (g) Yard sales, limited to two per calendar year, for a maximum of two days each. Section 90l0.3. Uses Subject to Performance Standards Permit. The following uses may be permitted in the Rl 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 parcel having a minimum area of 10,000 square feet. (c) Private tennis courts. Section 90l0.4 Conditionally Permitted Uses. The following uses may be permitted in the Rl District subject to the approval of a Conditional Use Permit: (a) Duplexes on a parcel having not less than 6,000 square feet of area, a side parcel 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. Section 90l0.5. 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. - 43 - . . Section 9010.6. Property Development Standards. All property in the Rl District shall be developed in accordance with the following standards: (a) Maximum Buildinq Height. Two stories, not to exceed 28 feet, which includes mechanical equipment and screening. Fifty percent of either or both entire side building elevations in excess of 14 feet in height above the average natural grade at the required side yard setback shall be setback an additional 1 foot for every 2 feet 4 inches of building height to a maximum height of 21 feet. (This provision shall apply to additions and new construction only.) No portion of the building shall intersect a plane commencing 2l feet in height at the minimum side yard setback ahd extending at an angle of 45 degrees from the vertical toward the interior of the site. On lots of more than 20,000 square feet with a minimum of 200 feet of street frontage, the height shall not exceed 35 feet for a pitched roof or 28 feet for a flat roof. (b) Maximum Unit Density. One dwelling unit per parcel, except where a Conditional Use Permit has been approved for a duplex as permitted by section 9010.4(a). (c) Minimum Lot Size. 5,000 square feet. Each parcel shall contain a minimum depth of lOa feet and a minimum width of so feet except that any parcel existing on the effective date of this Chapter shall not be subject to this requirement. (d) Maximum Parcel coverage. 40 percent. (e) Front Yard Setback. As shown on the Official Districting Map of the City, or, if no setback is specified, 20 feet. For structures over l4 feet in height, 25 percent of the - 44 - . . front elevation over 14 feet in height shall be setback an additional average of 5 feet except where a second floor exists on the effective date of this Chapter, said second floor shall not be counted in the calculation of front elevation for purposes of meeting the additional average 5 foot setback. (f) Rear Yard Setback. 25 feet. (g) Side Yard Setback. Ten percent of the lot width or a minimum of five feet whichever is greater. However, on lots less than 5,000 square feet, a minimum 4 foot side yard shall be required. (See also section 9040.19.) (h) Front Yard paving. No more than 50% of the required front yard area including driveways shall be paved. No circular driveways shall be permitted on parcels less than lOO feet in width. (i) Modifications to Setbacks above 14 feet in height. The front yard and height setback requirements for the portion of a structure above 14 feet in height may be modified subject to the review and approval of the Architectural Review Board provided the entire structure complies with the setback requirements for structures below 14 feet in height. Section 9010.7. Architectural Review. No building or structure in the Rl District shall be subj ect to architectural review pursuant to the provisions of Chapter 5 of this Article except: (a) RlA lots developed for surface parking lots, properties installing parabolic antennae (only with respect to the antennae and screening). - 45 - . . (b) Duplexes. (e) Any structure that does not confonn to the front yard and height setbacks for structures above 14 feet in height. Section 9010.8. Substantial Remodel. Parking shall be provided in accordance with the provisions of 9044.4 if the principal building on the parcel is substantially remodeled or, if 50% or more additional square footage is added to the principal building at anyone time, or incrementally, after the effective date of this Chapter. - 46 - . . Subchapter 4B. R2R Low Density Duplex District Section 9011.1. Purpose. The R2R District is intended to provide for low density residential neighborhoods free of disturbing noises, excessive traffic, and hazards created by moving automobiles. The R2R district is designed to prevent burdens 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 R2R district affords protection from deleterious environmental effects and serves to maintain and protect the existing character and state of the residential neighborhood. Section 9011.2. Permitted Uses. The following uses shall be permitted in the R2R District: (a) Hospice facilities. (b) One single family dwelling unit per parcel placed on a permanent foundation (including ~anufactured housing) . (e) One duplex on any legal parcel that existed on August 31, 1975. (d) One-story accessory buildings and structures up to 14 feet in height. (e) Public parks and playgrounds. (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. - 47 - . . Section 90l1.3. Uses Subject to Performance Standards Permit. The following uses may be permitted in the R2R District subject to the approval of Performance standards Permit: (a) Large family day care homes. (b) One-story accessory living quarters, up to 14 feet in height, on a parcel having a minimum area of 10,000 square feet. (c) Private tennis courts. Section 90ll.4. Conditionally Permitted Uses. The following uses may be permitted in the R2R District subject to the approval of a Conditional Use Permit. (a) one-story accessory buildings over 14 feet in height or two story accessory buildings up to a maximum height of 24 feet. Section 90l1.5. Prohibited Uses. (a) Rooftop parking. (b) Any use not specifically authorized. Section 90ll.6. property Development Standards. All property in the R2R District shall be developed in accordance with the following standards: (a) Maximum Building Height. Two stories, not to exceed 25 feet, except that roofs or portions of roofs may extend to a ~aximu~ height of 35 feet if the roof pitch is 30% or more on at least two sides. (b) Maximum unit Density. There shall be a minimum of fifteen hundred (1,500) square feet of lot area for each dwelling unit. However, one duplex shall be permitted on any legal parcel - 48 - . . that existed on August 31, 1975. (c) Maximum Parcel Coveraqe. 60t (d) Minimum Lot Size. 3,000 square feet. Each parcel shall have a minimum depth of 100 feet and a minimum width of 30 feet, except that parcels already developed and existing on the effective date of this Chapter shall not be subject to this requirement. (e) Front Yard Setback. lO feet. (f) Rear Yard Setback. 15 feet. (g) Side Yard Setback. The side yard setback shall be determined in accordance with the following formula, except for lots of less than 50 feet in width for which the side yard shall be lOt of the parcel width but not less than 4 feet: 5' + (stories x lot width) 50' (h) Front Yard Pavinq. No more than 50% of the required front yard area includinq driveways shall be paved. Section 9011.7. Architectural Review. All new construction of additions to existing structures including single family homes 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. - 49 - . . Subchapter 4C. R2 Low Density Multiple Residential District. Sect ion 9012. 1. Purpose. The R2 District is intended to provide a low density multiple family residential neighborhood (0-29 dwelling units per net residential acre) free of disturbing noises, excessive traffic, and hazards created by moving automobiles. The R2 district is designed to prevent burdens 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 R2 district affords protection from deleterious environmental effects and serves to maintain and protect the existing character and state of the residential neighborhood. Section 9012.2. Permitted Uses. The following uses shall be permitted in the R2 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. Cg) Yard sales, limited to two per calendar year, for each dwelling unit, for a maximum of two days. - 50 - . . Section 9012.3. Uses Subject to Performance Standards Permit. The following uses may be permitted in the R2 District subject to the approval of a Performance Standards Permit: (a) Large family day care homes. (b) One-story accessory living quarters, up to l4 feet in height, on a parcel having a minimum area of 10,000 square feet. (c) Private tennis courts. (d) senior group housing. Section 9012.4. Conditionally Permitted Uses. The following uses may be permitted in the R2 District subject to the approval of a Conditional Use Permit: (a) Bed and breakfast facilities. (b) Boarding houses. (c) Child day care centers. Cd) Community care facilities. (e) Libraries. (f) Neighborhood grocery stores. (9) 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. (1) Schools. (m) Underground parking structures provided the parcel was occupied by a surface parking lot at the time of adoption of this - 5l - . . Chapter, the parcel is not adj acent to a parcel 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 parcel, and the vehicle access to the underground parking is from the commercially zoned parcel and as far from the residentially zoned parcel as is reasonably possible. Section 9012.5. Prohibited Uses. (a) Rooftop parking. (b) Any use not specifically authorized. section 9012.6. property Development standards. All property in the R2 District shall be developed in accordance with the fOllowing standards: (a) Maximum Buildinq Height. Two stories, not to exceed 30 feet. (b) Maximum unit Density. One dwelling unit for each 1,500 square feet of parcel area. No more than one dwelling unit shall be permitted on a parcel of less than 4,000 square feet if a single family dwelling existed on the parcel on the effective date of this Chapter. (c) Maximum Parcel Coverage. 50 percent. (d) Minimum Lot size. 5,000 square feet. Each parcel shall contain a minimum depth of loa feet and a minimum width of 50 feet, except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. (e) Front Yard Setback. 20 feet, or as shown on the - 52 - . . Official Districting Map, whichever is greater. (f) Rear Yard Setback. l5 feet. (g) Side Yard Setback. The side yard setback shall be determined in accordance with the following formula, except for lots of less than 50 feet in width for which the side yard shall be lO% of the parcel width but not less than 4 feet: 5' + (stories x lot width) 50' (h) Development Review. A Development Review Permit is required for any development of more than 15,000 square feet of floor area. Section 9012.7. 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. - 53 - . . Subchapter 40. R3 Medium Density Multiple Family Residential District Section 9013.1. Purpose. The R3 District is intended to provide a broad range of housing within Eedium density Eultiple family residential neighborhoods (0-35 dwelling units per net residential acre) free of disturbing noises, excessive traffic, and hazards created by moving automobiles. The R3 District is designed to prevent burdens 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 R3 District affords protection from deleterious environmental effects and serves to maintain and protect the existing character and state of the residential neighborhood. Section 9013.2. Permitted Uses. The following uses shall be permitted in the R3 Oistrict: (a) Hospice facilites. (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. - 54 - . . (h) Yard sales, limited to two per calendar year, for each dwelling unit, for a maximum of two days. section 9013.3. Uses Subject to Performance Standards Permit. The fOllowing uses may be permitted in the R3 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 parcel having a minimum area of lO,OOO square feet. (c) Private tennis courts. (d) Senior group housing. Section 90l3.4. Conditionally Permitted Uses. The following uses may be permitted in the R3 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 accessory ~uildings up to a maximum height of 24 feet. (i) Residential care facilities. (j) Rest homes. - 55 - . . (k) Schools. (1) Underqround parking structures provided the parcel was occupied by a surface parking lot at the time of adoption of this Chapter, the parcel is not adj acent to a parcel 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 parcel, and the vehicle access to the underground parking is from the commercially zoned parcel and as far from the residentially zoned parcel as is reasonably possible. Section 9013.5. Prohibited Uses. (a) Rooftop parking. (b) Any use not specifically authorized. Section 9013.6. Property Development Standards. All property in the R3 District shall be developed in accordance with the following standards: (a) Maximum Buildinq Height. Three stories, not to exceed 40 feet. (b) Maximum unit Density. One dwelling unit for each l,250 square feet of parcel area. No more than one dwelling unit shall be permitted on a parcel of less than 4,000 square feet if a single family dwelling existed on the parcel on the effective date of this Chapter. (c) Maximum Parcel Coverage. 50 percent. (d) Minimum Lot Size. 5,000 square feet. Each parcel shall contain a minimum depth of lOa feet and a minimum width of - 56 - . . SO feet, except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. (e) Front Yard Setback. 20 feet, or as shown on the Official Districting Map, whichever is greater. (f) Rear Yard setback. 15 feet. (g) Side Yard Setback. The side yard setback shall be determined in accordance with the following formula, except for lots of less than 50 feet in width for which the side yard shall be 10% of the parcel width but not less than 4 feet: 5' + (stories x lot width) 50' (h) Development Review. A Development Review Permit is required for any development of more than 22,500 square feet of floor area. Section 90l3.7. 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. - 57 - . . Subchapter 4E. R4 High Density Multiple Family Residential District. Section 9014.l. Purpose. The R4 District is intended to provide a broad range of housing within high density multiple family residential neiqhborhoods (0-48 dwelling units per net residential acre) free of disturbing noises, excessive traffic, and hazards created by moving automobiles. The R4 district is designed to prevent burdens 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 R4 district affords protection from deleterious environmental effects and serves to maintain and protect the existing character and state of the residential neighborhood. Section 90l4.2. permitted Uses. The following uses shall be permitted in the R4 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 a maximum of two days each. - 58 - . . Section 90l4.3. Uses Subject to Performance standards Permit. The following uses may be permitted in the R4 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 parcel having a minimum area of lO,OOO square feet. (c) Private tennis courts. (d) Senior group housing. Section 9014.4. Conditionally Permitted Uses. The following uses may be permitted in the R4 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) Hotels with incidental businesses. (g) Libraries. (h) Municipal parking structures. (i) Neighborhood grocery stores. (j) Offices and meeting rooms for charitable, youth, and welfare organizations. (k) One story accessory buildings over l4 feet in height or two story accessory buildings up to a maximum height of 24 feet. (l) Places of worship. (m) Residential care facilities. - 59 - . . (n) Rest homes. (0) Schools. (p) Shelters for the homeless. (q) Underground parking structures provided the parcel was occupied by a surface parking lot at the time of adoption of this Chapter, the parcel is not adj acent to a parcel in the C2 District, the ground level above the underground parking structure is used for residential or public par and open space uses, the structure is associated with an adjacent commercially zoned parcel, and the vehicle access to the underground parking is from the commercially zoned parcel and as far from the residentially zoned parcel as is reasonably possible. section 9014.5. Prohibited Uses. (a) Rooftop parking. (b) Any use not specifically authorized. Section 9014.6. Property Development Standards. All property in the R4 District shall be developed in accordance with the following standards: (a) Maximum Building Height. Four stories, not to exceed 45 feet. There shall be no limitation on the number of stories of any hotel or parking structure so long as the height does not exceed 45 feet. (b) Maximum Unit Density. One dwelling unit for each 900 square feet of parcel area. No more than one dwelling unit shall be permitted on a parcel of less than 4,000 square feet if a single family dwelling existed on the parcel on the effective - 60 - . . date of this Chapter. (c) Maximum Parcel Coverage. 50 percent. Cd) Minimum Lot size. 5,000 square feet. Each parcel shall contain a minimum depth of lOO feet and a minimum width of 50 feet, except that parcels existing on the effective date of this Chapter are not subject to this requirement. (e) Front Yard Setback. 20 feet, or as shown on the Official Oistrieting Map, whichever is greater. (f) Rear Yard Setback. 15 feet. (q) Side Yard Setback. The side yard setback shall be determined in accordance with the following formula, except for lots of less than 50 feet in width for which the side yard shall be 10% of the parcel width but not less than 4 feet: 5' + (stories x lot width) 50' (h) Development Review. A Development Review Permit is required for any development of more than 25,000 square feet of floor area. Section 90l4. 7. Architectural Review. All new construction, 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. - 61 - . . subchapter 4F. RVC Residential-Visitor Commercial District. Section 9015.1. Purpose The RVC District is intended to protect the existing residential mix in the area while providing for the concentration and expansion of coastal-related, lodging, dininq, recreation, and shopping needs of tourists and others in the oceanfront area. The RVC District is designed to preserve and enhance the unique seale, character, and uses along the Promenade and on the Santa Monica Pier. Development intensity is intended to accommodate new hotel and other desired uses. The RVC District is also intended to conditionally permit other uses such as office, new residential, and cultural uses to ensure consistency with the qoals, Objectives, and pOlicies of the General Plan. section 90lS.2. permitted Uses. The fOllowing uses shall be permitted in the RVC District, if conducted within an enclosed building, except where otherwise permitted: (a) Arts and crafts shops. (b) Camera shops. (e) Convention and conference facilities. (d) Entertainment and cultural uses. (e) Gift or souvenir shops. (f) Libraries. (g) Marine oriented uses such as aquariums. (h) Museums. (i) Neighborhood grocery stores. - 62 - . . (j) Single family dwellings placed on a permanent foundation (including manufactured housing). (k) Multi-family dwellings. (l) Night Clubs within hotels. (m) Retail uses that cater to the visiting public. (n) Public parks and playgrounds. (0) Residential uses existing at the time of adoption of this Chapter. (p) Restaurants. (q) Schools. (r) Skating rinks. (s) Snack shops. (t) Swim and health clubs. (u) The following uses if conducted on the Santa Monica pier or along The Promenade: (1) Amusement and game arcades. (2) Bait shops and fiShing supplies. (3) Exhibitions and games. (4) Fish markets. (5) Marine service stations and boat landings on the Pier only. (6) Night clubs. (7) Sport fiShing. (v) Accessory uses which are determined by the Zoning Administrator to be necessary and customarily associated with, and are appropriate, incidental, and subordinate to, the principal permitted use. (w) other uses determined by the Zoning Administrator to be - 63 - . . similar to those listed above and which are consistent and not more disruptive or disturbing than permitted uses. Section 9015.3. Uses Subject to Performance Standards Permit. The following uses may be permitted in the RVC District subject to the approval of a Performance Standards Permit: (a) Automobile rental agencies. (b) Sidewalk cafes. section 90l5.4. Conditionally Permitted Uses. The following uses may be permitted in the RVC District subject to the approval of a Conditional Use Permit: (a) Bed and breakfast facilities. (b) Child day care centers. (c) Eating and drinking establishments permitting alcoholic beverages. (d) General office uses except at the ground floor street frontage. (e) Hotels and motels. (f) Outdoor displays and sales of the following items on private property adjacent to either The Promenade or the streets between The Promenade and Appian Way: (l) Artwork and pottery. (2) Flowers and plants. (3) Handcrafted products and goods. (4) Recreational equipment rentals such as rollerskates, bicycles, and surfboards. (5) Any other items determined by the zoning - 64 - . . Administrator to be similar to those listed above. (g) Parking facilities. (h) Shelters for the homeless. (i) Theaters only in the Pier Overlay. section 9015.5. Prohibited Uses. (a) cinemas (b) Rooftop parking on parcels directly abutting, or separated by an alley from, a residential district. (c) Any use not specifically authorized. section 9015.6. Property Development Standards. All property in the RVC District shall be developed in accordance with the following standards: (a) Maximum Building Height and FAR. height, number of stories and floor area determined as follows: Maximum building ratio shall be PROPERTIES BOUNDED MAXIMUM BY THE FOLLOWING MAXIMUM NO. OF MAXIMUM STREETS HEIGHT STORIES FAR Pier Overlay: 30' 2 1.0 a. Santa Monica Pier. The Deauville site to the north, Seaside Terrace to the south, The promenade to the west, and Ocean Avenue to the east. b. Parcels fronting 30' 2 .5 on Ocean Avenue. West side of Ocean 45' 3 2.0 Avenue from pi co Boulevard to Seaside - 65 - . . Terrace (Ocean Avenue Fronting Parcels Only) East side of Ocean 45' Avenue to First Court from colorado Boulevard to California Avenue. 3 2.0 Pico Boulevard to 451 Vicente Terrace from west side of Ocean Avenue to The Promenade. 3 2.0 There shall be no limitation on the n~er of stories of any hotel or parking structure so long as the height does not exceed the maximum number of feet permitted in this Section. (b) Maximum Parcel Coverage. 70 percent. (c) Minimum Lot Size. 5,000 square feet. Each parcel shall contain a minimum depth of lOa feet and a minimum width of 50 feet, except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. Cd) Front Yard Setback. 35 feet along the west side of Ocean Avenue south of Colorado Avenue, 20 feet on the east side of Ocean and 5 feet on all other streets. (e) Rear Yard setback. 15 feet. (f) Side Yard Setback. The side yard setback shall be determined in accordance with the following formula, except for lots of less than 50 feet in width for which the side yard shall be 10\ of the parcel width but not less than 4 feet: 5' + (stories x lot width) 50' - 66 - - . . (g) Development Review. A Development Review Permit is required for any development of more than l5,OOO square feet of floor area on the Promenade, 30/000 square feet of floor area in all other areas of the District, and for any development with rooftop parking. Section 9015.7. Architectural Review. All new construction, new additions to existinq 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. The construction of a single family dwelling shall be exempt from architectural review. - 67 - . . Subchapter 4G. Broadway Commercial District. section 9016.1. Purpose. The Broadway Commercial District is intended to protect and enhance neighborhood commercial areas by promoting the concentration of businesses that provide convenience goods and services used frequently by local residents. This District provides for a scale and character of development that is consistent with pedestrian orientation and which tends to attract and promote a walk-in clientele. Development within this District should maximize human scale elements while providinq a sensitive transition between these uses and neighboring residences, including the provision of adequate and properly sited parking facilities. Additionally, the Broadway Commercial District encourages residential mixed use of commercially zoned parcels to further enhance the transition between neighborhood commercial and adjacent residential uses, consistent with the goals, objectives, and policies of the General Plan. Section 9016.2. Permitted Uses. The following convenience goods and service type uses shall be permitted in the Broadway commercial District, if conducted within an enclosed building, except where otherwise permitted: (a) Appliance or electronic repair shops. (b) Art galleries. (c) Artist studios. (d) Barber or beauty shops. (e) Child day care centers. - 68 - . . ( f) Cleaners. (g) Drug stores. (h) Food stores. (i) General offices above the first floor. (j) Hardware stores. (k) Laundromats. (l) Libraries. (m) Medical, dental, and optometrist offices, provided that the use does not exceed 25% of total square footage of the building or 3,000 square feet, whichever is less. (n) Offices and meeting rooms for charitable, youth and welfare organizations. (0) Places of worship. (p) Public parks and playgrounds. (q) Photocopy shops. (r) Plant nurseries (provided all supplies, except planted stock are kept entirely within an enclosed building) . (s) Residential Uses. (t) Restaurants of 50 seats or less. (u) Schools. (v) Small appliance stores. (w) Speciality offices. (x) Tailors. (y) Accessory uses which are determined by the Zoning Administrator to be necessary and customarily associated with, and are appropriate, incidental, and subordinate to, the principal permitted uses and which are consistent with and no more disturbing or disruptive than permitted uses. - 69 - . . (z) Other uses determined by the Zoning Administrator to be similar to those listed above which are consistent with and no more disturbing or disruptive than permitted uses. Section 9016.3. Uses Subject to Performance Standards permi t. The fOllowing uses may be permitted in the Broadway Commercial District subject to approval of a Performance Standards Permit: (a) Automobile storage lots associated with automobile dealerships selling new vehicles on the effective date of this Chapter. Existing automobile storage lots shall comply with Section 9050.l0 within three years from the effective date of this Chapter. (b) Large family day care homes. (c) Senior group housing. (d) Shelters for the homeless. (e) Sidewalk cafes. section 9016.4. Conditionally Permitted Uses. The following uses may be permitted in the Broadway Commercial District subject to the approval of a Conditional Use Permit: (a) Automobile repair shops. (b) Service stations. Section 9016.5. Prohibited Uses. (a) Cinemas. (b) Rooftop parking on parcels directly abutting, or - 70 - . . separated by an alley from, a residential district. (c) Any use not specifically authorized. Section 90l6.6. Property Development property in the Broadway District shall accordance with the following standards: (a) Maximum Building Height. 2 stories, not to exceed 30 feet except that if 50% or more of the building is residential, 3 stories, not to exceed 45 feet. (b) Maximum Floor Area Ratio. l.S. (c) Minimum Lot Size. 7,500 square feet. Each parcel shall have minimum dimensions of 50 feet by lSO feet, except that parcels existing on the effective date of this Chapter shall not be sUbject to this requirement. (d) Front Yard Setback. Landscaping as required pursuant to the provisions of Subchapter SB. (e) Rear Yard Setback. None, except: Standards. be developed All in (1) Where rear parcel line abuts a residential district, a rear yard equal to: 51 + (stories x lot width) 50' The required rear yard may be used for parking or loading to within 5 feet of the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than 5 feet or more than 6 feet in height is erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to perpendicularly cross the - 7l - . . required rear yard provided the driveway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of subchapter 5B. (f) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories x lot width) 50' The interior side yard may be used for parking or loading no closer than to within 5 feet of the interior side property line provided the parking or loading does not extend above the first floor level and provided a wall not less than 5 feet or more than 6 feet in height is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for commercial purposes. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Subchapter 5B. (3) A 10 foot setback from an interior property line shall be required for portions of buildings that contain windows, doors, or other openings into the interior of the building. An interior side yard less than ~o feet shall be permitted if - 72 - . . provisions of the Uniform Building Code related to fire rated openings in side yards are satisfied. (g) Development Review. A Development Review Permit is required for any development of more than 22,500 square feet of floor area and for any development with rooftop parking. Section 9016.7. 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. - 73 - . . Subchapter 4H. C2 Neighborhood Commercial District Section 90l7.1. Purpose. The C2 District is intended to protect and enhance neighborhood commercial areas by promoting the concentration of businesses that provide convenience goods and services used frequently by local residents. This District provides for a scale and character of development that is consistent with pedestrian-orientation and which tends to attract and promote a walk-in clientele. Development within this District should maximize human scale elements while providing a sensitive transition between these uses and neighboring residence, including the provision of adequate and properly sited parking facilities. Addi tionally, the C2 District encourages residential mixed use of commercially zoned parcels to further enhance the transition between neighborhood commercial and adjacent residential uses, consistent with the goals, objectives, and policies of the General Plan. Section 9017.2. Permitted Uses. The following convenience goods and service type uses shall be permitted in the C2 District, if conducted within an enclosed building, except where otherwise permitted: (a) Appliance stores. (b) Appliance repair shops. (c) Art galleries. (d) Artist studios above the first floor. (e) Branch offices of banks or savings and loan institutions. (f) Barber or beauty shops. - 74 - . ~ . (g) Child day care centers. (h) Cleaners. (i) General offices above the first floor. (j) General retail and specialized retail uses. (k) Laundromats. (l) Libraries. (1D.) Offices and meeting rooms for charitable, youth, and welfare organizations. (n) Photocopy shops. (0) Places of worship. (p) Plant nurseries (provided all supplies, except planted stock, are kept entirely within an enclosed building) . (q) Restaurants of 50 seats or less and at which no alcohol is served or consumed. (r) Schools. (s) Shoe repair stores. (t) Speciality offices. (u) Tailors. (v) Theaters with fewer than 75 seats. (w) Accessory uses which are determined by the Zoning Administrator to be necessary and customarily associated with, and appropriate, incidental, and subordinate to, the principal permitted uses and which are consistent with and no more disturbing or disruptive than permitted uses. (x) Other uses determined by the Zoninq Administrator to be similar to those listed above which are consistent with and no more disturbing or disruptive than permitted uses. Section 9017.3. Uses Subject to Performance Standards - 75 - ~ ~ - . Permit. (a) Large family day care homes. (b) Residential uses permitted above the ground floor or located at the rear of the parcel. (c) Senior group housing. (d) Shelters for the homeless. (e) Sidewalk cafes. section 90l7.4. Conditionally Permitted Uses. The following uses may be permitted in the C2 District subject to the approval of a Conditional Use Permit: (a) Automobile repair shops. (b) Banks and savings and loan institutions. (c) Take-out or fast food restaurants. (d) Medical, dental and optometrist offices provided that the use does not exceed 25% of the total square footage of the building, or 3,000 square feet, whichever is less. (e) Theaters over 75 seats. (f) Restaurants of 50 seats or less at which alcohol is served or consumed. (9) Service stations. Section 90l7.5. Prohibited Uses. (a) Any use not specifically authorized. (b) Cinemas. (c) Drive-in and drive-through restaurants. (d) Parking structures located below the ground in - 76 - . . provisions of the Uniform Building Code related to fire rated openings in side yards are satisfied. (g) Oevelopment Review. A Development Review Permit is required for any development of more than 11,000 square feet of floor area. section 9017.7. Specia~ Project Design and Development standards. proj ects in the C2 Oistrict shall comply with the following special project design and development standards. (a) Retail or restaurant uses shall be limited to the first floor except that such uses may extend to a mezzanine level. (b) Ground floor street frontage of each structure shall be pedestrian oriented and designed to accommodate pedestrian oriented uses to a minimum depth of 50 feet from the front of the structure. section 90l7.8. Architectural Review. All new construction, 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. - 79 - ----=-- -