O2454 - Complete.pdfalternative measures, subject to approval by the City, that achieve the goal of each measure to the maximum extent feasible: (i) Dual plumbing; (ii) If installing a cooling tower, it must use a zero blow down system, recycled water, greywater, stormwater, rainwater, or other approved non-potable water supply ; (iii) Water for toilet flushing must use greywater, stormwater, rainwater, recycled water and/or other approved non-potable water supply; (iv) Iflawns are planted, use of a water-efficient lawn alternative such as UC Verde Buffalo grass; and (v) Landscaping irrigated with greywater, stormwater, rainwater, recycled water and/or other approved non-potable water supply where reasonably feasible for the approved planting materials. @ Residential Phase-Water Use Requirements. For the Residential Phase, the following shall be required unless prohibited by other applicable governmental regulations. In such case, Developer shall implement alternative measures, subject to approval by the City, that achieve the goal of each measure to the maximum extent feasible: (i) Dual plumbing in each dwelling unit and common-use clothes washer; (ii) 0.8 gallons per flush or less toilets provided that a substantially similar fixture may be installed, subject to approval by the City, if an accessible toilet is not available to meet accessibility requirements of this Agreement or technical codes; (iii) 1.35 gallon per minute or less showerheads; (iv) If installing clothes washers in individual dwelling units, they must have a water factor of 4.0 or less; (v) If installing common-use clothes washers, they must have a water factor of 4.5 or less; (vi) If installing a cooling tower, .it must use a zero blow down system , recycled water, greywater, stormwater, rainwater or other approved non-potable water supply. Use ofSMURFF water or treated wastewater will require extension of the SMURRF line from 26th Street to the Project; (vii) Water for toilet flushing must use greywater, stormwater, rainwater, recycled water and/or other approved non-potable water supply. Use of SMURFF water or treated wastewater will require extension of the SMURRF line from 26th Street to the Project; 50
(viii) If lawns are planted, use of a water-efficient lawn alternative such as UC Verde Buffalo grass; and (ix) Landscaping irrigated with greywater, stormwater, rainwater, recycled water and/or other approved non-potable water supply where reasonably feasible for the approved planting materials. Use of SMURFF water or treated wastewater will require extension of the SMURRF line from 26th Street to the Project. .(£) Entire Project-Strive for Net Zero Energy Use. Developer shall ensure that the Project provides, at minimum, onsite renewable energy of at least 5 kW AC for each 1000 square feet of building footprint, in accordance with the requirements of the Bergamot Area Plan. In addition, prior to the submittal of an ARB application, Developer shall submit an energy modelling study to the Planning Director, for which approval shall not be unreasonably withheld, that demonstrates Developer has taken all feasible measures to achieve the goal of net zero energy use for the Project. Net zero energy (NZE) shall be as defined by the California Energy Commission and California Public Utilities Commission but applied to the Project as a whole. Developer shall be required to implement all feasible recommendations of the study. In determining feasibility, the study shall include but not be limited to the following elements: (i) Probable energy use of each building (ii) Strategies to minimize energy demand of each building (iii) Energy generated by renewables and other sources (iv) Estimate energy gap to achieve NZE (v) Strategies to achieve NZE that are appropriate to the project (vi) Cost effectiveness of various energy reduction techniques including comparison of potential future cost savings for project operations vs. upfront costs of implementation (i.e. life cycle assessment) (vii) Review of on-site generation including combined heat and power and/or fuel cells (viii) IdentifY potential locations of heat and power exchange facility The study shall include review of on-site energy generation, including combined heat and power. The following energy reduction measures shall be required: (i) All interior lighting must be controlled based on both occupancy and availability of natural light; (ii) All lamps used in the project must have an efficacy of 60 lumens per watt or more; (iii) The Creative Office Phase shall be designed to use less energy than the following Energy performance standard: 40 KBTU!fl:2 /yr; 51
(iv) The Residential Phase shall be designed to use less energy than the following Energy performance standard: 35 kBTU/W/yr; and (d) Electrical Vehicle Conduit. Developer shall cause one of the subterranean levels of the parking garage in the Project to include electric panel capacity, conduit, and stub-outs that will accept electric wiring to provide power to not less than five percent (5%) of the total parking spaces. The panel capacity, conduit size and stub-outs shall be designed to allow for the simultaneous charging to a minimum of five percent (5%) of the total parking spaces. Until the Planning Director makes a determination, based on demonstrated demand by drivers of such vehicles, that some or all of the parking spaces be restricted for electric or other alternative fueled vehicle use, the spaces may be utilized without regard to vehicle type at the Developer's sole and absolute discretion. 2.7.9 Local Hiring. Developer shall provide local hiring programs in accordance with Exhibit "F-1" and Exhibit "F-2". 2.7.10 Internship Program. Upon receipt of Certificates of Occupancy for any Building in the Creative Office Phase, Developer shall cause the tenants of the Project to provide at least three (3) internship positions per Creative Office Building annually for Targeted Internship Applicants in accordance with Exhibit "L". 2.7.11 Shared Parking. The Developers shall, or may cause the Owners' Association to share parking in accordance with the Bergamot Area Plan but in no case shall the amount of shared parking be less than fifty percent (50%) of that portion of the Project parking designated for Commercial Uses and be less than one-third (1/3) of that portion of the Project parking designated for Residential Uses and Artist Work/Live Units available. Such shared parking shall be offered at market rates in accordance with Section 2.7.1(f)(2)(iv) of this Agreement, to third parties in the surrounding area in need of parking, including area residents, businesses, and employees ("Shared Parking"). In order to facilitate annual compliance monitoring of shared parking and trip reduction targets, the Developers shall install ticketing equipment for on-site parking that is able to discern between on-site and off-site users. 2. 7.12 Early Childhood Initiatives Contribution. Developer shall make an annual contribution towards early childhood initiatives for the Life of the Project. The annual contribution for each year shall be calculated by multiplying the Floor Area of all Buildings for which Developer had received a Certificate of Occupancy as of January 1" of that year by $0.2608 and paid into the account described below concurrently with delivery of the Project's annual compliance report. If all permitted Floor Area is constructed, the annual contribution would equal two hundred thousand dollars ($200,000). These contributions will support early childhood initiatives including but not limited to infant, toddler and pre-school tuition subsidies; family support and parent engagement strategies; home visitation programs; facility and playground improvements; and kindergarten readiness models. The contribution shall be placed in a separate, interest-bearing trust fund created by Developer prior to Certificate of Occupancy for the 52
first building in the Project with funds to be distributed through a process to be established by the City's Community & Cultural Services Department. 2.7.13 Signalized Intersections. In accordance with Section 2.7.2 above, Developer shall construct two new sigJ;~alized intersections at Olympic Boulevard, one at the New Western Street and one at the New Eastern Street. The intersections shall be fully signalized, synchronized with the existing signals on Olympic Boulevard to minimize traffic delays, and include median left turn pockets along Olympic Boulevard for access into the site. 2.7.14 Historic Preservation Contribution. Developer shall make an initial contribution and annual contribution towards historic preservation initiatives for the Life of the Project. Prior to issuance of each Certificate of Occupancy for the first three Buildings in the Project, Developer shall make a $25,000 contribution for each building. The annual contribution shall then be $1,000 for each Building for which Developer has received a Certificate of Occupancy and shall be paid into the account described below concurrently with delivery of the Project's annual compliance report. These contributions shall be used for historic and cultural heritage preservation initiatives in underserved communities with first priority for the Pico Neighborhood. The contribution shall be placed in a separate, interest-bearing trust fund created by Developer prior to Certificate of Occupancy for the first building in each Phase with funds to be distributed through a process to be established by the Planning Director. 2.8 Parking. 2.8.1. Total Number of Spaces. Upon completion of the Project, the total number of parking spaces in the Parking Garage shall be no more than 1,936 spaces and no less than that required by the Bergamot Area Plan, including up to forty percent ( 40%) compact parking spaces and up to 40% tandem or compact tandem parking spaces. This Agreement and the Project Plans set forth the exclusive off-street parking requirements for the Project and each Building and supersede all other minimum space parking requirements under the Existing Regulations. 2.8.2 Parking Requirements. Developer may, but shall not be obligated to, construct the entire Parking Garage concurrently with construction of the first Building to be constructed on the Property. If the Parking Garage is not fully constructed concurrently with the first Building, the applicable Developer shall, in connection with the Building being constructed by such Developer, be obligated to construct that portion of the Parking Garage which, together with all portions of the Parking Garage previously constructed and available for use by occupants of such Building and all other Buildings previously constructed, will be sufficient to provide the following number of parking spaces: (a) Creative Office Phase: 2.0 spaces per 1,000 square feet of Floor Area (1.0 spaces per 1,000 square feet of which shall be shared in accordance with the Bergamot Area Plan); and 53
(b) Residential Phase: 1.5 spaces per unit (0 .5 spaces per unit shall be shared in accordance with the Bergamot Area Plan). 2.8.3 Parking Access. The City hereby approves the conceptual and approximate location of all ramps accessing the Parking Garage shown on the Project Plans, subject to final review and approval by the City during the plan check process for any Building. No Developer shall be obligated to acquire such access rights from the City. If the Parking Garage is not constructed in its entirety concurrently with the first Building to be constructed in the Project, the Developer of the Creative Office Phase shall construct the access ramp on Site 1 and bicycle access channel to the Parking Garage, and the Developer of the Residential Phase shall construct the access ramp on Site 4 and the ingress-only ramp on Site 5, all as shown on the Project Plans. 2.8.4. Parking Reconfiguration. In an effort to encourage shared parking, reconfiguration of the parking spaces and operations in order to facilitate flexibility of use shall be considered a Minor Modification. 2.8.5 Parking Technology. Pay station technologies (such as stations that accept credit cards, debit cards and pay-by-phone) shall be installed in all shared parking facilities. Parking facilities shall have auditable payment and utilization technologies, including automated utilization counting and ability to distinguish between different parking users, with utilization data updated and transmitted in real time for use by third parties including the City. Parking facilities shall be designed to accommodate necessary current or future access controls. 2.8.6 Real-Time Availabilitv. Developer shall install and maintain real-time availability displays of shared parking spaces. Such parking availability may also be made available through other real-time electronic media, such as mobile applications. 2.9 Design. 2.9.1 Setbacks. Each Developer shall maintain the setbacks for any Building being constructed by such Developer as set forth on the Project Plans and subject to Section 2.4.3, except as otherwise approved by the ARB or the Planning Commission on appeal so long as such approval is consistent with the Bergamot Area Plan. 2.9.2 Building Height. The maximum Building Height of any Building shall be 86' feet as set forth on the Project Plans. In the event that any inconsistencies exist between the Zoning Ordinance and the Building Height allowed by this Agreement, then the Building Height allowed by this Agreement shall prevail. 2.9.3 Stepbacks. Each Developer shall maintain the stepbacks for the Project as set forth on the Project Plans and subject to Section 2.4.3 except as otherwise approved by the ARB or the Planning Commission on appeal so long as such approval is consistent with the Bergamot Area Plan. 54
2.9 .4 Signage. All signs on the Property shall be subject to Chapter 9.52 of the SMMC (Santa Monica Sign Code) in effect as of the Effective Date, a copy of which is set forth in its entirety in Exhibit "E." Directional signs for vehicles shall be located at approaches to driveways as required by the City's Strategic Transportation Planning Division. 2.9.5 Balconies. Balconies may be provided to the extent shown on the Project Plans. 2.9.6 Plaza Digital Screen. The Digital Screen shown on the Project Plans in Bergamot Square is hereby approved, subject to the following parameters: (i) shall not be permitted to face any public right-of-way or easement area; (ii) shall be restricted to the following maximum dimensions 15 feet high x 28 feet wide and (iii) shall not be used for commercial advertising or as a billboard within the meaning of Chapter 9.52 of the SMMC except the screening of a program produced or distributed by broadcast media which has incidental commercial advertisements shall not be prohibited. Additionally, during any event authorized by Plan A of the Project Art Plan or by Exhibit "I" of this Agreement, the logo of a commercial sponsor or vendor of the event may be displayed so long as the display does not exceed 100 square feet. 2.10 Contract with Citv. Hines hereby acknowledges that in approving this Development Agreement for the Project, the City is waiving fees and taxes and modifYing development standards otherwise applicable to the Project such as increasing Floor Area Ratio and Building Height, reducing parking standards and other property development standards. In exchange for such forms of assistance from the City, which are of financial benefit to Hines, Hines has entered into this contract with the City and agreed to the other conditions of the Development Agreement, including the requirement to provide and maintain 93 affordable units on site for occupancy by income qualified households, subject to Sections 2.6.4 and 2.7.4 of this Agreement. The parties agree and acknowledge that this is a contract providing forms of assistance to the Developer within the meaning of Civil Code Section 1954.52(b) and Government Code Section 65915 et seq. ARTICLE3 CONSTRUCTION 3.1 Construction Hours. Subject to mitigation measures MM 4.2-10 and MM 4.4-1 set forth in Exhibit "D." Developers shall be permitted to perform construction between the hours of 8:00 a.m. to 6:00p.m. Monday through Friday, and 9:00 a.m. to 5:00p.m. Saturday; provided that interior construction work which does not generate noise of more than thirty (30) decibels beyond the Property line may also be performed between the hours of7:00 a.m. to 8:00a.m. and 6:00p.m. to 7:00p.m. Monday through Friday, and 8:00a.m. to 9:00a.m. and 5:00p.m. to 6:00p.m. Saturday. Notwithstanding the foregoing, pursuant to SMMC Section 4.12.110(e) or any successor thereto, 55
Developers shall have the right to seek a permit from the City authorizing construction activity during the times otherwise prohibited by this Section. The Patties acknowledge and agree that, among other things, afterhours construction permits can be granted for concrete pours. 3.2 Outside Building Permit Issuance Date. 3.2.1 Outside Building Permit Issuance Date. Subject to Excusable Delays, the City shall have no obligation to and shall not issue a building permit under this Development Agreement for any Building after the date that is the last day of the 120"' full calendar month after the Effective Date (the "Outside Building Permit Issuance Date"). 3.2.2 Extension Due to ARB Delay. If the ARB fails to approve any of those items described in Section 6.1 relating to the Building to be submitted to the ARB within four ( 4) months of the submittal by the applicable Developer to the ARB, then the Outside Building Permit Issuance Date shall be extended one month for each additional month greater than four (4) that the final ARB approval is delayed. Such extension shall only occur for the submittal of up to two applications for ARB review. 3.2.3 Expiration or Revocation of Building Permits. If any building permit obtained prior to the Outside Building Permit Issuance Date expires or is revoked pursuant to the applicable terms of the SMMC (as the same may be amended from time to time) after such date, the applicable Developer may not subsequently apply for new building permits for the Project under this Development Agreement without first obtaining the prior written consent of the Planning Director, which may be granted or withheld in the Planning Director's sole discretion. 3.2.4 No Building Permits Issued. (a) Creative Office Phase. If no building permit is issued for a Building in the Creative Office Phase prior to the Outside Building Permit Issuance Date or under 3.2.3 above, all rights and obligations under this Development Agreement pertaining exclusively to the Creative Office Phase, for which the obtaining of a building permit is a condition precedent, shall automatically terminate and be of no further force or effect. Notwithstanding the foregoing, if a building permit is issued for a Building in the Residential Phase, the obligations of the Developer(s) of the Residential Phase relating to improvements on the Creative Office Phase shall remain in full force and effect. (b) Residential Phase. If no building permit is issued for a Building in the Residential Phase prior to the Outside Building Permit Issuance Date or under Section 3 .2.3 above, all rights and obligations under this Development Agreement pertaining exclusively to the Residential Phase, for which the obtaining of a building permit is condition precedent, shall automatically terminate and be of no further force or effect. Notwithstanding the foregoing, if a building permit is issued for a Building in the 56
Creative Office Phase, the obligations of the Developer(s) of the Creative Office Phase relating to improvements on the Residential Phase shall remain in full force and effect. 3.3 Construction Period. Construction of the Project shall be subject to the provisions of SMMC Section 8.08.070 or any successor thereto. 3.4 Damage or Destruction. If any Building in the Project is damaged or destroyed during the term of this Agreement, the Developer owning that Building shall be entitled to reconstruct that Building in accordance with this Agreement if: (a) such Developer obtains a building permit for this reconstruction prior to the expiration of this Agreement and (b) the Building is found to be consistent with the City's General Plan in effect at the time of obtaining the building permit provided, however, that nothing in this Section 3.4 shall be deemed to impair such Developer's rights under the City's Zoning Ordinance, as it exists at the time, to reconstruct non-conforming buildings. 3.5 Tiebacks. Excepting any utility conflicts, each Developer shall be allowed to install tiebacks, subject to standard terms and conditions, as determined by the City's Director of Public Works, or designee, for 26th Street, Olympic Boulevard, the Nebraska Extension, the Western Street, the Eastern Street and Stewart Street. The applicable Developer shall compensate the City for such tiebacks in accordance with the City's tieback fees then in effect. All tiebacks on City property shall be de-tensioned and cut down five feet below grade prior to issuance of a Certificate of Occupancy for the applicable Building. 3.6 Construction Staging. Subject to Section 2. 7 .2, any Developer may use any portion of the Property for construction staging subject to applicable covenants, conditions and restrictions adopted by Hines or its successor in ownership with respect to the entire Property. ARTICLE4 PROJECT FEES, EXACTIONS, MITIGATION MEASURES AND CONDITIONS 4.1 Fees, Exactions, Mitigation Measures and Conditions. Except as expressly set forth in Section 2.7 (relating to Community Benefits), Section 4.2 (relating to modifications), and Section 5.2 (relating to Subsequent Code Changes) below, the City shall charge and impose only those fees, exactions, mitigation measures, conditions, and standards of construction set forth in this Agreement, including Exhibits "C" and "D" attached hereto, and no others. If any of the mitigation measures or conditions set forth on Exhibit "D" is satisfied by others, each Developer shall be deemed to have satisfied such measures or conditions. 4.2 Conditions on Modifications. The City may impose fees, exactions, mitigation measures and conditions in connection with its approval of Minor or Major 57
Modifications, provided that all fees, exactions, mitigation measures and conditions shall be in accordance with any applicable law. 4.3 Implementation of Mitigation Measures and Conditions of Approval. 4.3.1 Compliance with Mitigation Measures and Conditions of Aooroval. Each Developer shall be responsible for implementing the mitigation measures set forth in Section A of Exhibit "D" attached hereto and adhering to the conditions of approval set forth in Section B of Exhibit "D" in accordance with the timelines established in Exhibit "D". 4.3.2 Survival of Mitigation Measures and Conditions of Approval. If Developer proceeds with the construction of the Project, except as otherwise expressly limited in this Agreement, the obligations and requirements imposed by the mitigation measures and conditions of approval set forth in the attached Exhibit "D" shall survive the expiration of the Tetm of this Agreement and shall remain binding on Developer, its successors and assigns, and shall continue in effect for the Life of the Project. Notice of the mitigation measures and conditions of approval in the attached Exhibit "D" shall be recorded by the City separately and concurrently with this Agreement. 4.3.3 On-Site Affordable Fee Waivers and Reductions. Notwithstanding the foregoing, the Residential Buildings shall be entitled to all fee waivers and fee reductions available for projects involving on-site affordable housing under the SMMC then in effect. ARTICLES EFFECT OF AGREEMENT ON CITY LAWS AND REGULATIONS 5.1 Development Standards for the Propertv; Existing Regulations. The following development standards and restrictions set forth in this Section 5 .I govern the use and development of the Project and shall constitute the Existing Regulations, except as otherwise expressly required by this Agreement. 5.1.1 Defined Terms. The following terms shall have the meanings set forth below: (a) "Existing Regulations" collectively means all of the following which are in force and effect as of the Effective Date: (i) the General Plan (including, without limitation, the LUCE); (ii) the Zoning Ordinance except as modified herein; (iii) the IZO; (iv) any and all ordinances, rules, regulations, standards, specifications and official policies of the City governing, regulating or affecting the demolition, grading, design, development, building, construction, occupancy or use of buildings and improvements or any exactions therefore, except as amended by this Agreement; and (v) the development standards and procedures in Article 2 of this Agreement. 58
(b) "Subsequent Code Changes" collectively means all of the following which are adopted or approved subsequent to the Effective Date, whether such adoption or approval is by the City Council, any department, division, office, board, commission or other agency of the City, by the people of the City through charter amendment, referendum, initiative or other ballot measure, or by any other method or procedure: (i) any amendments, revisions, additions or deletions to the Existing Regulations; or (ii) new codes, ordinances, rules, regulations, standards, specifications and official policies of the City governing or affecting the grading, design, development, construction, occupancy or use of buildings or improvements or any exactions therefor. "Subsequent Code Changes" includes, without limitation, any amendments, revisions or additions to the Existing Regulations imposing or requiring the payment of any fee, special assessment or tax. 5 .1.2 Existing Regulations Govern the Project. Except as provided in Section 5 .2, development of the Buildings and improvements that will comprise the Project, including without limitation, the development standards for the demolition, grading, design, development, construction, occupancy or use of such Buildings and improvements, and any exactions therefor, shall be governed by the Existing Regulations. The City agrees that this Agreement is consistent with the General Plan, including the LUCE and the Bergamot Area Plan, as more fully described in the Recitals. Any provisions of the Existing Regulations inconsistent with the provisions ofthis Agreement, to the extent of such inconsistencies and not further, are hereby deemed modified to the extent necessary to effectuate the provisions of this Agreement. The Project shall be exempt from: (a) all Discretionary Approvals or review by the City or any agency or body thereof, other than the matters of architectural review by the ARB as specified in Section 6.1 and review of modifications to the Project as expressly set forth in Sections 2.4.2 and 2.4.3; (b) the application of any subsequent local development or building or permit moratoria, development or building rationing systems or other restrictions on development which would adversely affect the rate, timing, or phasing of construction of the Project, whether adopted by the City Council or through the initiative process or otherwise; and (c) Subsequent Code Changes which are inconsistent with this Agreement. 5.2 Permitted Subsequent Code Changes. 5 .2.1 Applicable Subsequent Code Changes. Notwithstanding the terms of Section 5.1, this Agreement shall not prevent the City from applying to the Project the following Subsequent Code Changes set forth below in this Section 5 .2.1. (a) Processing fees and charges imposed by the City to cover the estimated actual costs to City of processing applications for development approvals including: (i) all application, permit, and processing fees incurred for the processing of this Agreement, any administrative approval of a Minor Modification, or any amendment of this Agreement in connection with a Major Modification; (ii) all building plan check and building inspection fees for work on the Property in effect at the time an application for a grading permit or building petmit is applied for; and (iii) the public works plan check fee and public works inspection fee for public improvements constructed and installed by Developer and (iv) fees for monitoring compliance with any development 59
approvals, or any environmental impact mitigation measures; provided that such fees and charges are uniformly imposed by the City at similar stages of project development on all similar applications and for all similar monitoring. (b) General or special taxes, including, but not limited to, property taxes, sales taxes, parcel taxes, transient occupancy taxes, business taxes, which may be applied to the Property or to businesses occupying the Property; provided that (i) the tax is of general applicability City-wide and does not burden the Property disproportionately to other similar developments within the City; and (ii) the tax is not a levy, assessment, fee or tax imposed for the purpose of funding public or private improvements on other property. (c) Procedural regulations relating to hearing bodies, petitions, applications, notices, documentation of findings, records, manner in which hearings are conducted, reports, recommendations, initiation of appeals, and any other matters of procedure; provided such regulations are uniformly imposed by the City on all matters, do not result in any unreasonable decision-making delays and do not affect the substantive findings by the City in approving this Agreement or as otherwise established in this Agreement. (d) Regulations governing construction standards and specifications which are of general application that establish standards for the construction and installation of structures and associated improvements, including, without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code and Fire Code; provided that such construction standards and specifications are applied on a City-wide basis and do not otherwise limit or impair the Project approvals granted in this Agreement unless adopted to meet health and safety concerns. (e) Any City regulations to which all Developers have consented in writing, however, consent of all Developers shall not be required if applicable Developers will not be materially affected by the regulations. (f) Collection of such fees or exactions as are imposed and set by governmental entities not controlled by City but which are required to be collected by City. (g) Regulations which do not impair the rights and approvals granted to Developer under this Agreement. For the purposes of this Section 5.2.1(g), regulations which impair Developer's rights or approvals include, but are not limited to, regulations which (i) materially increase the cost of the Project (except as provided in Section 5.2.l(a), (b), and (d) above), or (ii) which would materially delay development of the Project or that would cause a material change in the uses of the Project as provided in this Agreement. 60
5 .2.2 New Rules and Regulations. This Agreement shall not be construed to prevent the City from applying new rules, regulations and policies in those circumstances specified in Government Code Section 65866. 5.2.3 State or Federal Laws. In the event that state or federal laws or regulations, enacted after the Effective Date, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations; provided that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 5.3 Common Set of Existing Regulations. Prior to the Effective Date, the City and Developer shall use reasonable efforts to identifY, assemble and copy three identical sets of the Existing Regulations, to be retained by the City and Developer, so that if it becomes necessary in the future to refer to any of the Existing Regulations, there will be a common set of the Existing Regulations available to all Parties. 5.4 Conflicting Enactments. Except as provided in Section 5.2 above, any Subsequent Code Change which would conflict in any way with or be more restrictive than the Existing Regulations shall not be applied by the City to any part of the Property. Any Developer may, in its sole discretion, give the City written notice of its election to have any Subsequent Code Change applied to that portion of the Property owned by such Developer, in which case such Subsequent Code Change shall be deemed to be an Existing Regulation insofar as that portion of the Property is concerned. If there is any conflict or inconsistency between the terms and conditions of this Agreement and the Existing Regulations, the terms and conditions of this Agreement shall control. 5.5 Timing of Development. The California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that failure of the parties in that case to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over the parties' agreement. It is the intent of Hines and the City to cure that deficiency by expressly acknowledging and providing that any Subsequent Code Change that purports to limit over time the rate or timing of development or to alter the sequencing of development phases (whether adopted or imposed by the City Council or through the initiative or referendum process) shall not apply to the Property or the Project and shall not prevail over this Agreement. In particular, but without limiting any of the foregoing, no numerical restriction shall be placed by the City on the amount of total square feet or the number of buildings, structures, and residential units that can be built each year on the Property except as expressly provided in this Agreement. 5.6 Subdivision Maps. The application for any subdivision map with respect to the Property shall be processed in accordance with the SMMC, as it exists at the time, except that the City will not impose any condition which is inconsistent with this Agreement or the Project Plans. 61
ARTICLE6 ARCHITECTURAL REVIEW BOARD 6.1 Architectural Review Board Approval. The Project shall be subject to review and approval or conditional approval by the ARB in accordance with design review procedures in effect under the Existing Regulations. Consistent with Existing Regulations, the ARB cannot require modifications to the building design which negate the fundamental development standards established by this Agreement. For example, the ARB cannot require reduction in the overall height of the buildings, reduction in the number of stories in the buildings, reduction in density, modifying the parking garage or access to and from the garage or site, or reduction in the Floor Area of any of Buildings 2, 3, 4, and 5 greater than 2.5 percent (2.5%) or of Building I greater than five percent (5.0%). Decisions of the ARB are appealable to the Planning Commission in accordance with the Existing Regulations. 6.2 Individual Buildings. If requested by the applicable Developer, each Building may submit its own application for ARB review independent of any other Building within the Project. Developer shall have the option but shall not be obligated to process ARB review for multiple Buildings concurrently. Approval and review of any Building shall not require the submittal of the design of any other Building. ARTICLE 7 CITY TECHNICAL PERMITS 7.1 Definitions. For purposes of this Agreement, the following terms shall have the meanings set forth below: 7.1.1 "Technical City Permits" means any Ministerial Approvals, consents or permits from the City or any office, board, commission, depattment, division or agency of the City, which are necessary for the actual construction of the Project or any portion thereof in accordance with the Project Plans and this Agreement. Technical City Permits include, without limitation (a) building and foundation permits, (b) related mechanical, electrical, plumbing and other technical permits, (c) demolition, excavation and grading permits, (d) encroachment permits, and (e) temporary and final certificates of occupancy. 7 .1.2 "Technical Permit Applications" means any applications required to be filed by any Developer for any Technical City Permits. 7.2 Diligent Action by Citv. 7.2.1 Upon satisfaction of the conditions set forth in Section 7.3, the City shall accept the Technical Permit Applications filed by Developer with the City and shall diligently proceed to process such Technical Permit Applications to completion. 62
7.2.2 Upon satisfaction of the conditions set forth in Section 7.3, the City shall diligently issue the Technical City Permits which are the subject of the Technical Permit Applications. 7.2.3 The Residential Buildings shall be entitled to receive the priority building department plan check processing permitted under SMMC Section 9.56.050(j). 7.3 Conditions for Diligent Action by the Citv. 7.3.1 Acceptance and Processing of Technical Permit Applications. The obligation of the City to accept and diligently process the Technical Permit Applications which are filed by any Developer, and then issue the Technical City Permits, is subject to the satisfaction of the following conditions: (a) Such Developer shall have completed and filed all Technical Permit Applications which are required under the administrative procedures and policies of the City which are in effect on the date when the Technical Permit Application is filed; provided that such procedures and policies are uniformly in force and effect throughout the City; (b) Such Developer shall have paid all processing and permit fees established by the City in connection with the filing and processing of any Technical Permit Application which are in effect on the date when the Technical Permit Application is filed; provided that such fees are uniformly in force and effect throughout the City; and (c) If required for the patticular Technical Permit Application, such Developer shall have obtained the approval of the ARB referred to in Section 6.1 above. 7.3.2 Issuance of a Technical City Permit. The obligation of the City to issue a Technical City Permit which is the subject of a Technical Permit Application filed by any Developer with respect to any Building is subject to the satisfaction of the following conditions (and only such conditions and no others): (a) Such Developer shall have complied with all of its obligations under this Agreement which are required to be performed prior to or concurrent with the issuance of the Technical City Permits for the proposed Building; (b) Such Developer shall have received any permits or approvals from other govermnental agencies which are required by law to be issued prior to or concurrent with the issuance of the Technical City Permit for the proposed Building; (c) The proposed Building conforms to the development standards for such Building established in this Agreement. In the event that a proposed Building is not in conformance with the development standards, such Developer shall have the right to seek any relief from such standards under the procedures then available in the City; and 63
(d) The proposed Building conforms to the Administrative and Technical Construction Codes of the city (Article VIII, Chapter 1 of the SMMC)( the "Technical Codes") in effect on the date that the Technical Permit Application is filed . 7.3.3 New Technical Requirements. From time to time, the City's Technical Codes are amended to meet new technical requirements related to techniques of building and construction. If the sole means of achieving compliance for the Project with such revisions to the Technical Codes made after the Effective Date ("New Technical Requirements") would require an increase from the allowable Building Height established in this Agreement for the Project, then the Plarming Director is hereby authorized to grant Developer limited relief from the allowable Building Height without amending this Agreement if the requested relief is in compliance with the City's General Plan. Any such approval shall be granted only after the Plarming Director's receipt of a written request for such relief from Developer. Developer is required to supply the Plarming Director with written documentation of the fact that compliance with the New Technical Requirements cannot be achieved by some other method. Any such relief shall only be granted to the extent necessary in the Planning Director's determination for Developer to comply with the New Technical Requirements. 7.4 Duration of Technical Citv Permits. The duration of Technical City Permits issued by the City, and any extensions of the time period during which such Technical City Permits remain valid, shall be established in accordance with the Technical Codes in effect at the time that the Technical City Permits are issued. Subject to Section 3.2.3, the lapse or expiration of a Technical City Permit shall not preclude or impair Developer from subsequently filing another Technical Permit Application for the same matter during the Term of this Agreement, which shall be processed by the City in accordance with the provisions of this Article 7. ARTICLES AMENDMENT AND MODIFICATION 8.1 Amendment and Modification of Development Agreement. Subject to the notice and hearing requirements of the applicable Development Agreement Statutes, this Agreement may be modified or amended from time to time in accordance with the provisions of the SMMC, as in effect at that time, and Section 65 868 of the California Government Code with the written consent of the City, each Developer owning a Parcel which is the subject of such amendment and any other Developer who, in the reasonable judgment of the City, will be materially affected by such amendment; no consent of any other Developer shall be required. 64
ARTICLE9 TERM 9.1 Effective Date. This Agreement shall be dated, and the obligations of the Parties hereunder shall be effective as of the date upon which the ordinance approving this Agreement becomes effective (the "Effective Date"). The Parties shall execute this Agreement within ten (I 0) working days of the Effective Date. 9.2 Term. 9.2.1 Term of Agreement. The term of this Agreement shall commence on the Effective Date and shall continue for twenty (20) years thereafter (the "Term"), unless the Te1m is otherwise terminated pursuant to Section 11.4, after the satisfaction of all applicable public hearings and related procedural requirements, or pursuant to Section 3.3. 9 .2.2 Termination Certificate. Upon termination of this Agreement, the City and the Developer shall execute an appropriate certificate of termination in recordable form, which shall be recorded in the Official Records of Los Angeles County. 9.2.3 Effect of Termination. Except as expressly provided herein (e.g., Sections 2.5.5(a) and 4.3.2), none of the parties' respective rights and obligations under this Agreement shall survive the Term. ARTICLE 10 PERIODIC REVIEW OF COMPLIANCE 10.1 City Review. 10.1.1 General. The City shall review compliance with this Development Agreement once each year, on or before March 31 (each, a "Periodic Review"), in accordance with this Article 10 in order to determine whether or not any Developer is out-of-compliance with any specific term or provision of this Agreement. 10.1.2 Separate Ownership. If the Creative Office Phase and the Residential Phase are owned by separate Developers: (a) The Developer of the Creative Office Phase shall not be deemed to be out-of-compliance with this Agreement based solely on failure of the Developer of the Residential Phase to (1) be in compliance with the affordable housing obligations set forth in Sections 2.6.4, 2.7.4(a), or 2.7.4(b) and the obligations set forth in Section 2. 7.5, (2) be in compliance with the TDM measures applicable only to the Residential Phase under Section 2.7.1 above if no Creative Office Building has received a 65
Certificate of Occupancy, or (3) pay amounts due to the City solely from the Developer of the Residential Phase under Section 14.1 below. (b) The Developer of the Residential Phase shall not be deemed to be out-of-compliance with this Agreement based solely on failure of the Developer of the Creative Office Phase to (1) be in compliance with the local hiring program described in Exhibit "F-2," (2) be in compliance with the TDM measures applicable only to the Creative Office Phase under Section 2. 7.1 above if no Residential Building has received a Certificate of Occupancy, (3) pay amounts due to the City solely from the Developer of the Creative Office Phase under Section 14.1 below, (4) pay the Affordable Housing Fee if and when required under Section 2.7.4(c), or (5) be in compliance with the internship program described in Exhibit "L". (c) Except as specifically provided in this Section 10.1.2, all Developers shall be deemed to be out-of-compliance with this Agreement if the Project, or any Phase thereof, fails to comply with any specific term or provision of this Agreement. 10.2 Evidence of Good Faith Compliance. On or before October 1" of each year, Developers shall deliver to the City a joint written report demonstrating that Developers have been in good faith compliance with this Agreement during the twelve (12) month period prior. The written report shall be provided in the form established by the City. For purposes of this Agreement, the phrase "good faith compliance" shall mean the following: (a) compliance by Developers with the requirements of the Existing Regulations, except as otherwise modified by this Agreement; and (b) compliance by Developers with the terms and conditions of this Agreement, subject to the existence of any specified Excusable Delays (as defined in Section 15.8 below) which prevented or delayed the timely performance by Developers of any of its obligations under this Agreement. If only one Developer is out-of-compliance with this Agreement under Section 10.1.2 above, that fact shall be noted in the report. 10.3 Information to be Provided to Developers. Prior to any public hearing concerning the Periodic Review ofthis Agreement, the City shall deliver to Developers a copy of all staff reports prepared in connection with a Periodic Review, written comments from the public and, to the extent practical, all related exhibits concerning such Periodic Review. If the City delivers a Notice of Breach pursuant to Section 11.1 below, the City shall concurrently deliver a copy of all staff reports prepared in connection with such Notice of Breach, all written comments from the public and all related exhibits concerning such Notice of Breach. 10.4 Notice of Breach; Cure Rights. 1f during any Periodic Review, the City reasonably concludes on the basis of substantial evidence that any Developer is not in good faith compliance with this Agreement, then the City may issue and deliver to Developers a written Notice of Breach pursuant to Section 11.1 below, and Developers shall have the opportunity to cure the default identified in the Notice of Breach during the cure periods and in the manner provided by Section 11.2 and Section 11.3, as applicable. 66
10.5 Failure of Periodic Review. The City's failure to review at least annually compliance with the terms and conditions of this Agreement shall not constitute or be asserted by any Party as a breach by any other Party of this Agreement. 10.6 Termination of Development Agreement. If Developer fails to timely cure any item(s) of non-compliance set forth in a Notice of Breach, then the City shall have the right but not the obligation to initiate proceedings for the purpose of terminating this Agreement pursuant to Section 11.4 below as to the entire Project or one Phase of the Project, as applicable. 10.7 City Cost Recovery. Following completion of each Periodic Review, all Developers, jointly and severally, shall reimburse the City for its actual and reasonable costs incurred in connection with such review. ARTICLE 11 DEFAULT 11.1 Notice and Cure. 11.1.1 Breach. If any Party fails to substantially perform any term, covenant or condition of this Agreement which is required on its part to be performed (a "Breach"), the non-defaulting Party shall have those rights and remedies provided in this Agreement; provided that such non-defaulting Party has first sent a written notice of Breach (a "Notice of Breach"), in the manner required by Section 15.1, specifying the precise nature of the alleged Breach (including references to pertinent Sections of this Agreement and the Existing Regulations or Subsequent Code Changes alleged to have been breached), and the manner in which the alleged Breach may satisfactorily be cured. If the City alleges a Breach by any Developer, the City shall also deliver a copy of the Notice of Breach to any Secured Lender of Developer which has delivered a Request for Notice to the City in accordance with Article 12. 11.1.2 Monetary Breach. In the case of a monetary Breach by any Developer, such Developer shall promptly commence to cure the identified Breach and shall complete the cure of such Breach within thirty (30) business days after receipt by such Developer of the Notice of Breach; provided that if such monetary Breach is the result of an Excusable Delay or the cure of the same is delayed as a result of an Excusable Delay, such Developer shall deliver to the City reasonable evidence of the Excusable Delay. Any Owners Association or any other Developer shall have the right, but not the obligation, to cure the identified Breach within the same period given under this Section 11.1.2 to the Developer committing the identified Breach. 11.1.3 Non-Monetary Breach. In the case of a non-monetary Breach by any Party, the alleged defaulting Party shall promptly commence to cure the identified Breach and shall diligently prosecute such cure to completion; provided that the defaulting Party shall complete such cure within thirty (30) days after receipt of the 67
Notice of Breach or provide evidence of Excusable Delay that prevents or delays the completion of such cure. The thirty (30) day cure period for a non-monetary Breach shall be extended as is reasonably necessary to remedy such Breach; provided that the alleged defaulting Party commences such cure promptly after receiving the Notice of Breach and continuously and diligently pursues such remedy at all times until such Breach is cured. If the alleged defaulting Party is a Developer, any Owners Association or any other Developer shall have the right, but not the obligation, to cure the identified Breach within the same period given under this Section 11.1.3 to the Developer committing the identified Breach. 11.1.4 Excusable Delay. Notwithstanding anything to the contrary contained in this Agreement, the City's exercise of any of its rights or remedies under this Atticle 11 shall be subject to the provisions regarding Excusable Delay in Section 15.8 below. 11.2 Remedies for Monetary Default. If there is a Breach by any Developer in the performance of any of its monetary obligations under this Agreement which remains uncured (a) thirty (30) business days after receipt by such Developer of a Notice of Breach from the City and (b) after expiration of Secured Lender's Cure Period under Section 12.1 (if a Secured Lender of Developer has delivered a Request for Notice to the City in accordance with Section 12.1), then an "Event of Monetary Default" shall have occurred by such Developer and the City shall have available any right or remedy provided in this Agreement, at law or in equity. All of said remedies shall be cumulative and not exclusive of one another, and the exercise of any one or more of said remedies shall not constitute a waiver or election in respect to any other available remedy. If and only if the Event of Monetary Default was the failure of the Developer of the Creative Office Phase to pay the Creative Office Affordable Housing Fee if and when required under Section 2.7.4(c) above, the City shall have no rights or remedies against the Developer of the Residential Phase. 11.3 Remedies for Non-Monetary Default. 11.3.1 Remedies of Parties. If any Party receives a Notice of Breach from the other Party regarding a non-monetary Breach, and the non-monetary Breach remains uncured: (a) after expiration of all applicable notice and cure periods, and (b) in the case of a Breach by a Developer, after the expiration of Secured Lender's Cure Period under Section 12.1 (if a Secured Lender of such Developer has delivered a Request for Notice to the City in accordance with Section 12.1), then an "Event of Non-Monetary Default" ·shall have occurred and the non-defaulting Party shall have available any right or remedy provided in this Agreement, or provided at law or inequity except as prohibited by this Agreement. All of said remedies shall be cumulative and not exclusive of one another, and the exercise of any one or more of said remedies shall not constitute a waiver or election in respect to any other available remedy. If and only if the Event ofNon-Monetary Default was one described in Section 10.1.2(a) and (b), the City's rights and remedies shall be limited to the Developer committing the Breach and the City shall have no right or remedy against the other Developer. 68
11.3.2 Specific Perfmmance. The City and Hines acknowledge that monetary damages and remedies at law generally are inadequate and that specific performance is an appropriate remedy for the enforcement of this Agreement. Therefore, unless otherwise expressly provided herein, the remedy of specific performance shall be available to the non-defaulting party if the other Party causes an Event ofNon-Monetary Default to occur. 11.3 .3 Writ of Mandate. The City and Hines hereby stipulate that each Developer shall be entitled to obtain relief in the form of a writ of mandate in accordance with Code of Civil Procedure Section 1085 or Section 1094.5, as appropriate, to remedy any Event of Non-Monetary Default by the City of its obligations and duties under this Agreement. Nothing in this Section 11.3.3, however, is intended to alter the evidentiary standard or the standard of review applicable to any action of, or approval by, the City pursuant to this Agreement or with respect to the Project. 11.3 .4 No Damages Relief Against City. It is acknowledged by Hines that the City would not have entered into this Agreement if the City were to be liable in damages under or with respect to this Agreement or the application thereof. Consequently, and except for the payment of attorneys' fees and court costs, the City shall not be liable in damages to any Developer and Hines covenants on behalf of itself and its successors in interest not to sue for or claim any damages: (a) for any default under this Agreement; (b) for the regulatory taking, impairment or restriction of any right or interest conveyed or provided hereunder or pursuant hereto; or (c) arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. The City and Developer agree that the provisions of this Section 11.3 .4 do not apply to damages which: (a) do not arise under this Agreement; (b) are not with respect to any right or interest conveyed or provided under this Agreement or pursuant to this Agreement; or (c) do not arise out of or which are not connected to any dispute, controversy, or issue regarding the application, interpretation, or effect of the provisions of this Agreement or the application of any City rules, regulations, or official policies. 11.3.5 Enforcement by the City. The City, at its discretion, shall be entitled to apply the remedies set forth in Chapters 1.09 and 1.10 of the SMMC as the same may be amended from time to time and shall follow the notice procedures of 69
Chapter 1.09 and 1.10, respectively, in lieu of Section 11.1 of this Agreement if these remedies are applied. 11.3.6 No Damages Against Any Developer. It is acknowledged by the City that Hines would not have entered into this Agreement if any Developer were to be liable in damages in connection with any non-monetary default hereunder. Consequently, and except for the payment of attorneys' fees and court costs, no Developer shall be liable in damages to the City for any nonmonetary default and the City covenants on behalf of itself not to sue for or claim any damages: (a) for any non-monetary default hereunder; or (b) arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. The City and Developer agree that the provisions of this Section 11.3 .6 do not apply for damages which: (a) are for a monetary default; or (b) do not arise out of or which are not connected with any dispute, controversy or issue regarding the application, interpretation, or effect of the provisions of this Agreement to or the application of, any City rules, regulations, or official policies. 11.3.7 No Other Limitations. Except as expressly set forth in this Section 11.3, the provisions of this Section 11.3 shall not otherwise limit any other rights, remedies, or causes of action that either the City or any Developer may have at law or equity after the occurrence of any Event of Non-Monetary Default. 11.4 Modification or Termination of Agreement by Citv. 11.4.1 Default by Developer. If any Developer causes either an Event of Monetary Default or an Event of Non-Monetary Default, then the City may commence proceedings to modifY or terminate this Agreement, or with respect to an Event of Monetary Default or an Event of Monetary Default described in Section 10.1.2(a) or (b) above, proceedings to modifY or terminate this Agreement as to one Phase, pursuant to this Section 11.4. 11.4.2 Procedure for Modification or Termination. The procedures for modification or termination of this Agreement by the City for the grounds set forth in Section 11.4.1 are as follows: (a) The City shall provide a written notice to Developers (and to any Secured Lender which has delivered a Request for Notice to the City in accordance of Section 12.1) of its intention to modifY or terminate this Agreement unless such Developer (or the Secured Lender) cures or corrects the acts or omissions that 70
constitute the basis of such determinations by the City (a "Hearing Notice"). The Hearing Notice shall be delivered by the City to Developers in accordance with Section 15.1 and shall contain the time and place of a public hearing to be held by the City Council on the determination of the City to proceed with modification or termination of this Agreement. The public hearing shall not be held earlier than: (i) thirty-one (31) days after delivery of the Hearing Notice to Developers or (ii) if a Secured Lender has delivered a Request for Notice in accordance with Section 12.1, the day following the expiration of the "Secured Lender Cure Period" (as defined in Section 12.1). (b) If, following the conclusion of the public hearing, the City Council: (i) determines that an Event ofNon-Monetary Default has occurred and (ii) further determines that Developers (or the Secured Lender, if applicable), have not cured (within the applicable cure periods) the acts or omissions that constitute the basis of the determination under clause (i) above or if those acts or omissions could not be reasonably remedied prior to the public hearing, Developers (or the Secured Lender) have not, in good faith, commenced to cure or correct such acts or omissions prior to the public hearing or are not diligently and continuously proceeding therewith to completion, then upon making such conclusions, the City Council may modify or terminate this Agreement. The City cannot unilaterally modify the provisions of this Agreement pursuant to this Section 11.4. Any such modification requires the written consent of Developers. If the City Council does not terminate this Agreement but proposes a modification to this Agreement as a result of the public hearing and Developers do not (within five (5) days of receipt) execute and deliver to the City the form of modification of this Agreement submitted to Developers by the City, then the City Council may elect to terminate this Agreement at any time after the sixth day after Developers' receipt of such proposed modification. (c) Notwithstanding anything in Section 11.4(b) to the contrary, if the Event of Monetary Default or Event of Non-Monetary Default which has occurred and not been cured relates solely to the Creative Office Phase or the Residential Phase and is one of those failures to act described in Sections 10.1.2(a) or (b) above, such modification or termination shall relate only to the Phase in connection with which the default occurred and shall not affect the continued application of this Agreement to the other Phase. 11.5 Cessation of Rights and Obligations. If this Agreement is terminated by the City, in whole or in part, pursuant to and in accordance with Section 11.4 above, the rights, duties and obligations of the City and the affected Developer(s) under this Agreement shall cease as of the date of such termination except only for those rights and obligations that expressly survive the termination of this Agreement. In such event, any and all benefits, including money received by the City prior to the date of termination shall be retained by the City. 11.6 Completion oflmprovements. Notwithstanding the provisions of Sections 11.2, 11.3, 11.4, and 11.5, if prior to termination of this Agreement any Developer has performed substantial work or incurred substantial liabilities in good faith reliance upon a building permit issued by the City, such Developer shall have acquired a 71
vested right to complete construction of the Building in accordance with the terms of the building permit and occupy or use each such Building upon completion for the uses permitted for that Building as provided in this Agreement. Any Building completed or occupied pursuant to this Section 11.6 shall be considered legal non-conforming subject to all City ordinances, standards and policies as they then exist governing legal non-conforming buildings and uses unless the Building otherwise complies with the property development standards for the district in which it is located and the use is otherwise permitted or conditionally pe1mitted in the district. ARTICLE 12 MORTGAGEES 12.1 Encumbrances on the Property. This Agreement shall not prevent or limit any Developer (in its sole discretion), from encumbering that portion of the Property (in any manner) owned by such Developer or any portion thereof or any improvement thereon by any mortgage, deed of trust, assignment of rents or other security device securing financing with respect to such portion of the Property (a "Mortgage"). Each mortgagee of a mortgage or a beneficiary of a deed of trust (each, a "Secured Lender") covering any portion of the Property shall be entitled to the rights and privileges set forth in this Article 12. Any Secured Lender and any proposed Secured Lender may require from the City certain interpretations of this Agreement. The City shall from time to time, upon request made by any Developer, meet with such Developer and representatives of each of its Secured Lenders and/or any proposed Secured Lender to negotiate in good faith any request for interpretation of any part of this Agreement. The City will not unreasonably withhold, condition or delay the delivery to a Secured Lender or proposed Secured Lender of the City's written response to any such requested interpretation. Copies of any such written interpretation shall be provided to all Developers. 12.1.1 Mortgage Not Rendered Invalid. Except as provided in Section 12.1.2, neither entering into this Agreement nor a Breach of this Agreement, nor any Event of Monetary Default nor any Event ofNon-Monetary Default shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value. 12.1.2 Priority of Agreement. This Agreement shall be superior and senior to the lien of any Mortgage. Any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof by a Secured Lender or its successor in interest (whether pursuant to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination or otherwise) shall be subject to all of the terms and conditions of this Agreement. 12.1.3 Right of Secured Lender to Cure Default. (a) A Secured Lender may give notice to the City, specifying the name and address of such Secured Lender and attaching thereto a true and complete copy of the Mortgage held by such Secured Lender, specifying the portion of the 72
Property that is encumbered by the Secured Lender's lien (a "Request for Notice"). If the Request for Notice has been given, at the same time the City sends to Developers any Notice of Breach or Hearing Notice under this Agreement, then if such Notice of Breach or Hearing Notice affects the portion of the Property encumbered by the Secured Lender's lien, the City shall send to such Secured Lender a copy of each such Notice of Breach and each such Hearing Notice from the City to Developers. The copy of the Notice of Breach or the Hearing Notice sent to the Secured Lender pursuant to this Section 12.1.3(a) shall be addressed to such Secured Lender at its address last furnished to the City. The period within which a Secured Lender may cure a particular Event of Monetary Default or Event ofNon-Monetary Default shall not commence until the City has sent to the Secured Lender such copy of the applicable Notice of Breach or Hearing Notice. (b) After a Secured Lender has received a copy of such Notice of Default or Hearing Notice, such Secured Lender shall thereafter have a period of time (in addition to any notice and/or cure period afforded to Developers under this Agreement) equal to: (a) ten (10) business days in the case of any Event of Monetary Default and (b) thirty (30) days in the case of any Event ofNon-Monetary Default, during which period the Secured Lender may provide a remedy or cure of the applicable Event of Monetary Default or may provide a remedy or cure of the applicable Event of Non-Monetary Default; provided that if the cure of the Event of Non-Monetary Default cannot reasonably be completed within thitty days, Secured Lender may, within such 30-day period, commence to cure the same and thereafter diligently prosecute such cure to completion (a "Secured Lender's Cure Period"). If any Developer has caused an Event of Monetary Default or an Event of Non-Monetary Default, then each Secured Lender shall have the right to remedy such Event of Monetary Default or an Event of Non-Monetary Default, as applicable, or to cause the same to be remedied prior to the conclusion of the Secured Lender's Cure Period and otherwise as herein provided. The City shall accept performance by any Secured Lender of any covenant, condition, or agreement on any Developer's part to be performed hereunder with the same force and effect as though performed by such Developer. (c) The period of time given to any Secured Lender to cure any Event of Monetary Default or an Event ofNon-Monetary Default by any Developer which reasonably requires that said Secured Lender be in possession of the Property to do so, shall be deemed extended to include the period of time reasonably required by said Secured Lender to obtain such possession (by foreclosure, the appointment of a receiver or otherwise) promptly and with due diligence; provided that during such period all other obligations of such Developer under this Agreement, including, without limitation, payment of all amounts due, are being duly and promptly performed. 12.1.4 Secured Lender Not Obligated Under this Agreement. (a) No Secured Lender shall have any obligation or duty under this Agreement to perform the obligations of any Developer or the affirmative covenants of any Developer hereunder or to guarantee such performance unless and until such time as a Secured Lender takes possession or becomes the owner of the estate covered by its 73
Mortgage. If a Secured Lender takes possession or becomes the owner of any portion of the Property, then from and after that date, such Secured Lender shall be obligated to comply with all provisions of this Agreement which previously were the obligation of the Developer previously owning such portion of the Property; provided that such Secured Lender shall not be responsible to the City for any unpaid monetary obligations of any Developer that accrued prior to the date such Secured Lender became the fee owner of such portion of the Property. (b) Nothing in Section 12.1.4(a) is intended, nor should be construed or applied, to limit or restrict in any way the City's authority to terminate this Agreement, as against any Secured Lender as well as against Developer if any curable Event of Monetary Default or an Event ofNon-Monetary Default is not completely cured within the Secured Lender's Cure Period. ARTICLE 13 TRANSFERS AND ASSIGNMENTS 13.1 Transfers and Assignments. 13.1.1 Not Severable from Ownership Interest in Property. This Agreement shall not be severable from any Developer's interest in the Property and any transfer of the Property or any portion thereof shall automatically operate to transfer the benefits and burdens of this Agreement with respect to the transferred Property or transferred portions, as applicable. 13 .1.2 Transfer Rights. Any Developer may freely sell, transfer, exchange, hypothecate, encumber or otherwise dispose of its interest in the Property, or any pmtion thereof, without the consent of the City. Any such Developer shall, however, give written notice to the City, in accordance with Section 15.1, of any transfer of the Property, or any portion thereof, disclosing in such notice (a) the identity of the transferee of the Property, or such portion thereof(the "Property Transferee"), (b) the address of the Property Transferee as applicable, and (c) the portion of the Property transferred. 13.2 Release Upon Transfer. Upon the sale, transfer or exchange of the rights and interests of any Developer to the Property, or any portion thereof, such Developer shall be released from its obligations under this Agreement to the extent of such sale, transfer or exchange with respect to the Property, or any portion thereof, if: (a) such Developer has provided written notice of such transfer to City; and (b) the Property Transferee executes and delivers to City a written agreement in which the Property Transferee expressly and unconditionally assumes all of the obligations of such Developer under this Agreement with respect to the Property in the form of Exhibit "J" attached hereto (the "Assumption Agreement"). Upon such transfer of the Property, or any pmtion thereof, and the express assumption of the applicable Developer's obligations under this Agreement by the Prope1ty Transferee, the City agrees to look solely to the Property Transferee for compliance with the provisions of this Agreement with respect to 74
that portion of the Property acquired by such Property Transferee and not to the Property Transferor. Any such Property Transferee shall be entitled to the benefits of this Agreement as "Developer" hereunder and shall be subject to the obligations of this Agreement. Failure to deliver a written Assumption Agreement hereunder shall not affect the transfer of the benefits and burdens as provided in Section 13 .I, provided that the transferor shall not be released from its obligations hereunder unless and until the executed Assumption Agreement is delivered to the City. Transfer of any portion of the Property shall not affect the rights and obligations of any Developer owning any portion of the Property not being transferred. ARTICLE 14 INDEMNITY TO CITY 14.1 Indemnitv. Each Developer agrees to and shall defend, indemnifY and hold harmless the City, its City Council, boards and commissions, officers, agents, employees, volunteers and other representatives (collectively refened to as "City Indemnified Parties") from and against any and all loss, liability, damages, cost, expense, claims, demands, suits, attorney's fees and judgments (collectively referred to as "Damages"), including but not limited to claims for damage for personal injury (including death) and claims for property damage arising directly or indirectly from the following: (a) for any act or omission of such Developer or those of its officers, board members, agents, employees, volunteers, contractors, subcontractors or other persons acting on its behalf (collectively referred to as the "Applicable Developer Parties") which occurs during the Term and relates to this Agreement; (b) for any act or omission related to the operations of any of the Applicable Developer Parties, including the maintenance and operation of areas on the Property owned by such Developer accessible to the public. Each Developer's obligation to defend, indemnifY and hold harmless applies to all actions and omissions of the Applicable Developer Parties as described above caused or alleged to have been caused in connection with the Project or Agreement, except to the extent any Damages are caused by the active negligence or willful misconduct of any City Indemnified Parties. This Section 14.1 applies to all Damages suffered or alleged to have been suffered by the City Indemnified Parties regardless of whether or not the City prepared, supplied or approved plans or specifications or both for the Project. No Developer shall be obligated to indemnifY the City for the acts, omissions or operations of any Applicable Developer Party of another Developer. 14.2 Citv's Right to Defense. The City shall have the right to approve legal counsel retained by any Developer to defend any claim, action or proceeding which such Developer is obligated to defend pursuant to Section 14.1, which approval shall not be unreasonably withheld, conditioned or delayed. If any conflict of interest results during the mutual representation of the City and the applicable Developer in defense of any such action, or if the City is reasonably dissatisfied with legal counsel retained by such Developer, the City shall have the right (a) at such Developer's costs and expense, to 75
have the City Attorney undertake and continue the City's defense, or (b) with such Developer's approval, which shall not be reasonably withheld or delayed, to select separate outside legal counsel to undertake and continue the City's defense. ARTICLE 15 GENERAL PROVISIONS 15.1 Notices. Formal notices, demands and communications between the Patties shall be deemed sufficiently given if delivered to the principal offices of the City or Developer, as applicable, by (i) personal service, or (ii) express mail, Federal Express, or other similar overnight mail or courier service, regularly providing proof of delivery, or (iii) registered or certified mail, postage prepaid, return receipt requested, or (iv) facsimile (provided that any notice delivered by facsimile is followed by a separate notice sent within twenty-four (24) hours after the transmission by facsimile delivered in one of the other manners specified above). Such notice shall be addressed as follows: To Citv: City of Santa Monica 1685 Main Street, Room 204 Santa Monica, CA 90401 Attention: City Manager Fax: (310) 917-6640 With a Copy to: City of Santa Monica 1685 Main Street, Room 212 Santa Monica, CA 9040 1 Attn: Planning and Community Development Director Fax: (310) 458-3380 To Developer: Hines 444 S. Flower Street, Suite 2100 Los Angeles, CA 90071 Attn: Doug Metzler With a Copy to: Harding Latmore Kutcher & Kozal, LLP 1250 Sixth Street, Suite 200 Santa Monica, California 90401 Attention: Christopher M. Harding, Esq. Notice given in any other manner shall be effective when received by the addressee. Any Party may change the addresses for delivery of notices to such Party by delivering notice 76
to the other Party in accordance with this provision. In the event ownership of the Property is held by more than one Developer, each Developer shall be entitled to provide its address to the City in accordance with this provision and receive copies of notices. If an Owner's Association has been formed and has given written notice to the City of its formation and an address for notices, copies of all notices given to Developers, or either of them, shall also be given to the Owner's Association. 15.2 Entire Agreement; Conflicts. This Agreement represents the entire agreement of the Parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the Parties or their predecessors in interest with respect to all or any part of the subject matter hereof. Should any or all of the provisions of this Agreement be found to be in conflict with any other provision or provisions found in the Existing Regulations, then the provisions of this Agreement shall prevail. Should any of the Conditions of Approval set forth in Section B of Exhibit "D" attached hereto conflict with any of the Mitigation Measures set fmth in Section A of Exhibit "D" attached hereto, the more stringent or exacting requirement shall control. 15.3 Binding Effect. The Parties intend that the provisions of this Agreement shall constitute covenants which shall run with the land comprising the Property during the Term for the benefit thereof and that the burdens and benefits thereof shall bind and inure to the benefit of all successors-in-interest to the Parties hereto. Every Party who now or hereafter owns or acquires any right, title, or interest in or to any portion of the Project during the Term is and shall be conclusively deemed to have consented and agreed to every provision contained herein, to the extent relevant to said right, title or interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project. 15.4 Agreement Not for Benefit of Third Parties. This Agreement is made and entered into for the sole protection and benefit of Developer and the City and their respective successors and assigns. Except for the rights given to Secured Lenders under Article 12 above, no other person shall have any right of action based upon any provision of this Agreement. 15.5 No Partnership or Joint Venture. Nothing in this Agreement shall be deemed to create a partnership or joint venture between the City and any Developer or to render any Party liable in any manner for the debts or obligations of the other. 15.6 Estoppel Certificates. Either Party may, at any time, and from time to time, deliver written notice to the other Party requesting such Party to certifY in writing (each, an "Estoppel Certificate"): (a) that this Agreement is in full force and effect, (b) that this Agreement has not been amended or modified either orally or in writing, or if so amended, identifYing the amendments, (c) whether or not, to the knowledge of the responding Party, the requesting Party is in Breach or claimed Breach in the performance of its obligations under this Agreement, and, if so, describing the nature and amount of any such Breach or claimed Breach, and (d) whether or not, to the knowledge of the responding Party, any event has occurred or failed to occur which, with the passage of 77
time or the giving of notice, or both, would constitute an Event of Monetary Default or an Event of Non-Monetary Default and, if so, specifYing each such event. A Party receiving a request for an Estoppel Certificate shall execute and return such Certificate within thirty (30) days following the receipt of the request therefor. If the party receiving the request hereunder does not execute and retum the certificate in such 30-day period and if circumstances are such that the Party requesting the notice requires such notice as a matter of reasonable business necessity, the Party requesting the notice may seek a second request which conspicuously states "F AlLURE TO EXECUTE THE REQUESTED ESTOPPEL CERTIFICATE WITHIN FIFTEEN (15) DAYS SHALL BE DEEMED WAIVER PURSUANT TO SECTIONS 15.6 AND 15.13 OF THE DEVELOPMENT AGREEMENT" and which sets forth the business necessity for a timely response to the estoppel request. If the Party receiving the second request fails to execute the Estoppel Certificate within such 15-day period, it shall be conclusively deemed that the Agreement is in full force and effect and has not been amended or modified orally or in writing, and that there are no uncured defaults under this Agreement or any events which, with passage of time of giving of notice, of both, would constitute a default under the Agreement. The City Manager shall have the right to execute any Estoppel Certificate requested by any Developer under this Agreement. The City acknowledges that an Estoppel Certificate may be relied upon by any Property Transferee, Secured Lender or other party. 15.7 Time. Time is of the essence for each provision of this Agreement of which time is an element. 15.8 Excusable Delays. 15.8.1 ln addition to any specific provisions of this Agreement, non-performance by any Developer of its obligations under this Agreement shall be excused when it has been prevented or delayed in such performance by reason of any act, event or condition beyond the reasonable control of such Developer (collectively, "Excusable Delays") for any of the following reasons: (a) War, insurrection, walk-outs, riots, acts of terrorism, floods, earthquakes, fires, casualties, acts of God, or similar grounds for excused performances; (b) Governmental restrictions or moratoria imposed by the City or by other governmental entities or the enactment of conflicting State or Federal laws or regulations; (c) The imposition of restrictions or moratoria by judicial decisions or by litigation, contesting the validity, or seeking the enforcement or clarification of, this Agreement whether instituted by any Developer, the City or any other person or entity, or the filing of a lawsuit by any Party arising out of this Agreement or any permit or approval any Developer deems necessary or desirable for the implementation of the Project; 78
(d) The institution of a referendum pursuant to Government Code Section 65 867.5 or a similar public action seeking to in any way invalidate, alter, modify or amend the ordinance adopted by the City Council approving and implementing this Agreement; (e) Inability to secure necessary labor, materials or tools, due to strikes, lockouts, or similar labor disputes; and (f) Failure of the City to timely perform its obligations hereunder, including its obligations under Section 7.2 above 15 .8.2 Under no circumstances shall the inability of any Developer to secure financing be an Excusable Delay to the obligations of any Developer. 15 .8.3 In order for an extension of time to be granted for any Excusable Delay, the applicable Developer must deliver to the City written notice of the commencement of the Excusable Delay within sixty (60) days after the date on which such Developer becomes aware of the existence of the Excusable Delay. The extension oftime for an Excusable Delay shall be for the actual period of the delay. 15.8.4 Nothing contained in this Section 15.8 is intended to modify the terms of either Section 5 .1.2 or Section 5.5 of this Agreement. 15.9 Governing Law. This Agreement shall be governed exclusively by the provisions hereof and by the laws of the State of California. 15.10 Cooperation in Event of Legal Challenge to Agreement. If there is any court action or other proceeding commenced that includes any challenge to the validity, enforceability or any tetm or provision of this Agreement, then Developers shall, jointly and severally, indemnify, hold harmless, pay all costs actually incurred, and provide defense in said action or proceeding, with counsel reasonably satisfactory to both the City and Developers. The City shall cooperate with Developers in any such defense as Developers may reasonably request. 15.11 Attorneys' Fees. If any Party commences any action for the interpretation, enforcement, termination, cancellation or rescission of this Agreement or for specific performance for the Breach of this Agreement, the prevailing Party shall be entitled to its reasonable attorneys' fees, litigation expenses and costs. Attorneys' fees shall include attorneys' fees on any appeal as well as any attorneys' fees incurred in any post-judgment proceedings to collect or enforce the judgment. Such attorneys' fees shall be paid whether or not such action is prosecuted to judgment. In any case where this Agreement provides that the City or any Developer is entitled to recover attorneys' fees from the other, the Party so entitled to recover shall be entitled to an amount equal to the fair market value of services provided by attorneys employed by it as well as any attorneys' fees actually paid by it to third Parties. The fair market value of the legal services for public attorneys shall be determined by utilizing the prevailing billing rates of comparable private attorneys. 79
15.12 Recordation. The Parties shall cause this Agreement to be recorded against title to the Property in the Official Records of the County of Los Angeles. The cost, if any, of recording this Agreement shall be borne by Hines. 15.13 No Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and referring expressly to this Section 15.13. No delay or omission by either Party in exercising any right or power accruing upon non-compliance or failure to perform by the other Party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either Party of any of the covenants or conditions to be performed by the other Party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof of this Agreement. 15.14 Construction of this Agreement. The Parties agree that each Party and its legal counsel have reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. 15.15 Other Governmental Approvals. Any Developer may apply for such other permits and approvals as may be required for development of the Project in accordance with this Agreement from other governmental or quasi-governmental agencies having jurisdiction over the Property. The City shall reasonably cooperate with such Developer in its endeavors to obtain such permits and approvals. 15.15.1 Further Assurances; Covenant to Sign Documents. Each Party shall take all actions and do all things, and execute, with acknowledgment or affidavit, if required, any and all documents and writings, which may be necessary or proper to achieve the purposes and objectives of this Agreement. 15.15.2 Processing. Upon satisfactory completion by any Developer with respect to that portion of the Project owned by such Developer of all required preliminary actions and payments of appropriate processing fees, if any, the City shall, subject to all legal requirements, promptly initiate, diligently process, and complete at the earliest possible time all required steps, and expeditiously act upon any approvals and permits necessary for the development by such Developer of such portion of the Project in accordance with this Agreement, including, but not limited to, the following: (a) the processing of applications for and issuing of all Discretionary Approvals requiring the exercise of judgment and deliberation by City; (b) the holding of any required public hearings; and (c) the processing of applications for and issuing of all Technical City Permits requiring the determination of conformance with the Existing Regulations. 80
15.15.3 No Revocation. The City shall not revoke or subsequently disapprove auy approval or future approval for the development of the Project, or any portion thereof, or the Property once issued by the City provided that the development of the Project or the Property, or such portion thereof, is in accordance with such approval. Any disapproval by the City shall state in writing the reasons for such disapproval and the suggested actions to be taken in order for approval to be granted. 15.15.4 Processing During Third Partv Litigation. If any third party lawsuit is filed against the City or any Developer relating to this Agreement or to other development issues affecting the Property, or any portion thereof, the City shall not delay or stop the development, processing or construction of the Property or such portion thereof, or issuance of the Technical City Permits, unless the third party obtains a court order preventing the activity. The City shall not stipulate to or fail to oppose the issuance of any such order unless requested in writing to do so by such Developer. Notwithstanding the foregoing and without prejudice to the provisions of Section 15.8.l(c), after service ou the City or Developer of the initial petition or complaint challenging this Agreement or the Project, or any portion thereof, Developer may apply to the Planning Director for a tolling of the applicable deadlines for Developer to otherwise comply with this Agreement. Within 40 days after receiving such au application, the Planning Director shall, in writing and in his or her sole discretion, either toll the time period for compliance with the applicable deadlines during the pendency of the litigation, not to exceed five years, or deny the requested tolling. 15.15.5 State, Federal or Case Law. Where any state, federal or case law allows the City to exercise any discretion or take any act with respect to that law, the City shall, in an expeditious and timely manner, at the earliest possible time, (i) exercise its discretion in such a way as to be consistent with, and carry out the terms of, this Agreement and (ii) take such other actions as may be necessary to carry out in good faith the terms of this Agreement. 15.16 Venue. Any legal action or proceeding among the Parties arising out of this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, in any other appropriate court in that County, or in the Federal District Court in the Central District of California. 15.17 Exhibits. The following exhibits which are part of this Agreement are attached hereto and each of which is incorporated herein by this reference as though set forth in full: Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F -1" Legal Description of the Property Project Plans Permitted Fees and Exactions Mitigation Measures aud Conditions SMMC Article 9 (Planning and Zoning) Local Hiring Program for Construction 81
Exhibit "F-2" Exhibit "G" Exhibit "H" Exhibit "I" Exhibit "I -1" Exhibit "I-2'' Exhibit "I-3" Exhibit "I -4" Exhibit "I-5" Exhibit "J" Exhibit "K" Exhibit "L" Exhibit "M" Exhibit "N" Exhibit "0" Exhibit "P-1" Exhibit "P-2" Exhibit "P-3" Exhibit "P-4" Exhibit "P-5" Exhibit "Q" Local Hiring Program for Permanent Employment Permitted Uses Infrastmctnre Security Schedule Use of Open Space Bergamot Square The Village Mews The Garden Passage The Green Stewart Crossing Assignment and Assumption Agreement Alcohol Conditions Internship Program Reserved Grade Diagram Conceptual Typical Street Sections for Temporary Improvements Nebraska Extension Easement Area Olympic Sidewalk Easement Area New Western Street Easement Area New Eastern Street Easement Area 26 1 h Street Sidewalk Easement Area Development Standards Except as to the Project Plans (attached hereto as Exhibit "B") which shall be treated in accordance with Section 2.1 above, the text of this Agreement shall prevail in the event that any inconsistencies exist between the Exhibits and the text of this Agreement. 15.18 Counterpart Signatures. The Parties may execute this Agreement on separate signatnre pages which, when attached hereto, shall constitute one complete Agreement. 15.19 Certificate of Performance. Upon the completion of the Project, or any Phase thereof, or upon performance of this Agreement or its earlier revocation and termination, the City shall provide any Developer, upon such Developer's request, with a statement ("Certificate of Performance") evidencing said completion, termination or revocation and the release of such Developer from further obligations hereunder, except for any further obligations which survive such completion, termination or revocation. The Certificate of Performance shall be signed by the appropriate agents of such 82
Developer and the City and shall be recorded against title to the affected portion of the Property in the Official Records of Los Angeles County, California. Such Certificate of Performance is not a notice of completion as referred to in California Civil Code Section 3093. 15.20 Interests of Hines. Hines represents to the City that, as of the Effective Date, it is the owner of the entire Property, subject to encumbrances, easements, covenants, conditions, restrictions, and other matters of record. 15.2 I Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and all Developers. During the Term of this Agreement, clarifications to this Agreement and the Existing Regulations may be appropriate with respect to the details of performance of the City and any Developer. If and when, from time to time, during the term of this Agreement, the City and any Developer agree that such clarifications are necessary or appropriate, they shall effectuate such clarification through operating memoranda approved in writing by the City and such Developer, which, after execution, shall be attached hereto and become part of this Agreement and the same may be further clarified from time to time as necessary with future written approval by the City and such, or any other, Developer. Operating memoranda are not intended to and cannot constitute an amendment to this Agreement but mere ministerial clarifications, therefore public notices and hearings shall not be required for any operating memorandum. The City Attorney shall be authorized, upon consultation with, and approval of, any Developer, to determine whether a requested clarification may be effectuated pursuant to the execution and delivery of an operating memorandum or whether the requested clarification is of such character to constitute an amendment of this Agreement which requires compliance with the provisions of Section 8.1 above. The authority to enter into such operating memoranda is hereby delegated to the City Manager and the City Manager is hereby authorized to execute any operating memoranda hereunder without further action by the City Council. 15.22 Acknowledgments, Agreements and Assurance on the Part of Developer. 15.22.1 Developer's Faithful Performance. The Parties acknowledge and agree that Developer's faithful performance in developing the Project on the Property and in constructing and installing certain public improvements pursuant to this Agreement and complying with the Existing Regulations will fulfill substantial public needs. The City acknowledges and agrees that there is good and valuable consideration to the City resulting from Developer's assurances and faithful performance thereof and that same is in balance with the benefits conferred by the City on the Project. The Parties further acknowledge and agree that the exchanged consideration hereunder is fair, just and reasonable. Developer acknowledges that the consideration is reasonably related to the type and extent of the impacts of the Project on the community and the Property, and further acknowledges that the consideration is necessary to mitigate the direct and indirect impacts caused by Developer on the Property. 15.22.2 Obligations to be Non-Recourse. As a material element of this Agreement, and in pattial consideration for Developer's execution of this Agreement, 83
the Parties each understand and agree that the City's remedies for breach of the obligations of Developer under this Agreement shall be limited as described in Sections 11.2 through 11.4 above. 15.23 Not a Public Dedication. Except for the easements to be dedicated to the City pursuant to Section 2.7.2, nothing in this Agreement shall be deemed to be a gift or dedication of the Property, or of the Project, or any portion thereof, to the general public, for the general public, or for any public use or purpose whatsoever, it being the intention and understanding of the Parties that this Agreement be strictly limited to and for the purposes herein expressed for the development of the Project as private property subject to Exhibit "I" of this Agreement. Every Developer shall have the right to prevent or prohibit the use of that portion of the Property and the Project owned by such Developer, or any portion thereof, including common areas and buildings and improvements located thereon, by any person for any purpose inimical to the development of such portion of the Project, including without limitation to prevent any person or entity from obtaining or accruing any prescriptive or other right to use such pmtion of the Property or the Project. The easements to be dedicated to the City under Section 2. 7.2 above shall be held and used by the City only for the purposes contemplated herein or otherwise provided in such conveyance, and the City shall not take or permit to be taken (if within the power or authority of the City) any action or activity with respect to such portion of the Property that would deprive Developer of the material benefits of this Agreement or would materially and unreasonably interfere with the development of the Project as contemplated by this Agreement. 15.24 Other Agreements. The City acknowledges that certain additional agreements may be necessary to effectuate the intent of this Agreement and facilitate development of the Project. The City Manager or his/her designee is hereby authorized to prepare, execute, and record those additional agreements. 15.25 Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 84
This Agreement is executed by the Parties on the date first set forth above and is made effective on and as of the Effective Date. HINES: HINES 26TH STREET, LLC, a Delaware limited liability company By:-----------Name: ______________________ __ Title: ____________ _ By: -------------------Name: ____________________ ___ Title: ___________ __ CITY: CITY OF SANTA MONICA, a municipal corporation By: -----------Name: ______________________ __ Title: ____________ _ ATTEST: By: ------------Name: ________________________ __ City Clerk APPROVED AS TO FORM: By: ---------------Name: ----~~~----------------City Attorney 85
EXIITBIT "A" LEGAL DESCRIPTION OF PROPERTY REAL PROPERTY IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF THE RANCHO SAN VICENTE SANTA MONICA, IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 955 PAGE 142 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LAND, DISTANT THEREON NORTH 75o 32' 40" EAST, 232.38 FEET FROM THE NORTH WESTERLY CORNER THEREOF, SAID POINT ALSO BEING THE MOST EASTERLY CORNER OF LOT 5 OF TRACT NO. 9774, AS PER MAP RECORDED IN BOOK 140 PAGES 64 TO 66 INCLUSIVE OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 75o 32' 40" EAST 816.62 FEET; THENCE SOUTH 17° 14' 04" EAST 221.91 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY LINE OF OLYMPIC BOULEY ARD, II 0 FEET WIDE, AS ESTABLISHED BY DEED RECORDED IN BOOK 22850 PAGE 90 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID NORTHERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1945.00 FEET AND THE RADIAL LINE FROM SAID POINT OF INTERSECTION HAVING A BEARING OF NORTH 27° 26' 18" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE 281.29 FEET TO ITS POINT OF TANGENCY WITH A CURVE CONCAVE SOUTHEASTERLY, HAVING RADIUS OF 11,778.44 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, 613.92 FEET TO ITS POINT OF INTERSECTION WITH A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 892.00 FEET AND THE RADIAL LINE TO SAID LAST MENTIONED CURVE FROM SAID POINT OF INTERSECTION HAVING A BEARING OF NORTH 84° 10' 12" WEST; THENCE NORTHERLY ALONG SAID LAST MENTIONED CURVE, 336.15 FEET; THENCE NORTH 60° 49' 01" EAST, 5.67 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION OF SAID LAND INCLUDED WITHIN THE LAND DESCRIBED IN THE DEEDS TO CITY OF SANTA MONICA, RECORDED MAY 15, 1959 AS INSTRUMENT NO. 471 IN BOOK D-467 PAGE 892 AND RECORDED OCTOBER 14, 1977 AS INSTRUMENT NO. 77-1143449, BOTH OF OFFICIAL RECORDS. ALSO EXCEPT ALL OF THE MINERALS, HYDROCARBON SUBSTANCES AND MINERAL RIGHTS OF EVERY CLASS, CHARACTER AND KIND WHATSOEVER, PERTAINING TO OR LYING BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT TO ENTER UPON SAID SURFACE OR THE RIGHT TO USE SAID SURF ACE, AS GRANTED IN THE DEED FROM BIRCH INVESTMENT, INC., A CORPORATION, TO WESTERN REPUBLIC CO., LTD., A LIMITED A -I
PARTNERSHIP, DOING BUSINESS AS FAR WESTERN HEMISPHERE OIL EXPLORATION CO., RECORDED MARCH 3, 1959 IN BOOK D-386 PAGE 472, OFFICIAL RECORDS. PARCEL 2: THAT PORTION OF THE RANCHO SAN VICENTE Y SANTA MONICA, IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 955 PAGE 142 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LAND, DISTANT THEREON NORTH 75° 32' 40" EAST 1049.00 FEET FROM THE MOST WESTERLY CORNER OF SAID LAND, SAID POINT ALSO BEING DISTANT NORTH 75° 32' 40" EAST, 816.62 FEET FROM THE MOST EASTERLY CORNER OF LOT 5 OF TRACT NO. 9774. AS PER MAP RECORDED IN BOOK 104 PAGES 64 TO 66 INCLUSIVE OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 75° 32' 40" EAST 298.38 FEET; THENCE SOUTH 20° 51' 48" EAST, 140.62 FEET TO THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD, 110 FEET WIDE, AS ESTABLISHED BY DEED RECORDED IN BOOK 22850 PAGE 90, OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHWESTERLY LINE, SOUTH 60° 06' 22" WEST 230.84 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1945.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 83.35 FEET TO A LINE THAT BEARS SOUTH 17° 14' 04" EAST FROM THE POINT OF BEGINNING; THENCE NORTH 17° 14' 04" WEST 221.91 FEET TO POINT OF BEGINNING. EXCEPT THERE FROM ALL OF THE MINERALS, HYDROCARBON SUBSTANCES AND MINERAL RIGHTS OF EVERY CLASS, CHARACTER AND KIND WHATSOEVER, WHATSOEVER, PERTAINING TO OR LYING BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT TO ENTER UPON SAID SURF ACE OR THE RIGHT TO USE SAID SURF ACE, AS GRANTED IN THE DEED FROM BIRCH INVESTMENT, INC., A CORPORATION, TO WESTERN REPUBLIC CO., LTD., A LIMITED PARTNERSHIP, DOING BUSINESS AS FAR WESTERN HEMISPHERE OIL EXPLORATION CO., RECORDED MARCH 3, 1959 IN BOOK D-386 PAGE 472, OFFICIAL RECORDS. PARCEL 3: A NON EXCLUSIVE EASEMENT FOR RAILROAD SPUR PURPOSES, OVER THE FOLLOWING DESCRIBED LAND: THAT PORTION OF PARCEL 3 OF LOS ANGELES COUNTY ASSESSOR'S MAP NO. 74, IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 1 PAGES 38 AND 39 OF LOS ANGELES COUNTY ASSESSOR'S MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: THE RIGHT, PRIVILEGE AND EASEMENT TO USE FOR RAILROAD SPUR PURPOSES A STRIP OF LAND OF A UNIFORM WIDTH OF 20.00 FEET LYING 10.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED A-2
CENTER LINE: BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY OF PARCEL 2, AS SHOWN ON SAID ASSESSOR'S MAP NO. 74, DISTANT THEREON NORTH 45° 14' 35" EAST 15.00 FEET FROM THE MOST WESTERLY CORNER OF SAID PARCEL 2; THENCE PARALLEL WITH THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL 2, SOUTH 44o 54' 25" EAST 461.19 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 345.00 FEET, SAID CURVE BEING TANGENT AT ITS POINT OF ENDING TO A CURVE HAVING A RADIUS OF 11,788.44 FEET, CONCENTRIC AND DISTANT NORTHWESTERLY 10.00 FEET FROM THE CURVE SOUTHEASTERLY BOUNDARY OF SAID PARCEL 3, SAID POINT BEING THE TRUE POINT OF BEGINNING OF TillS DESCRIPTION; THENCE EASTERLY, ALONG SAID CURVE, 400.15 FEET TO THE END THEREOF; THENCE, NORTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 11,788.44 FEET, AN ARC DISTANCE OF 164.00 FEET, MORE OR LESS, TO THE WESTERLY SIDE LINE OF 26TH STREET AS DESCRIBED AS PARCEL 2 IN DECREE OF CONDEMNATION ENTERED AS CASE NO. S. M. C. 6063 IN THE SUPERIOR COURT OF THE COUNTY OF LOS ANGELES. EXCEPT FROM THE ABOVE DESCRIBED PARCEL OF LAND THAT PORTION LYING SOUTHWESTERLY OF A LINE PARALLEL AND/OR CONCENTRIC WITH AND 10.00 FEET NORTHEASTERLY MEASURED RADIALLY OR AT RIGHT ANGLES FROM THE NORTHEASTERLY LINE OF PARCEL 2 OF SAID L. A. C. A. MAP NO. 74. PARCEL 4: PARCEL 8 OF LOS ANGELES COUNTY ASSESSOR MAP #74 IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 39 OF LOS ANGELES COUNTY ASSESSOR MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO THAT PORTION OF PARCEL 9 OF SAID LOS ANGELES COUNTY ASSESSOR MAP #74 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 9, THENCE NORTH 20° 51' 48" WEST ALONG THE WESTERLY LINE OF PARCEL 9 A DISTANCE OF 140.62 FEET TO THE NORTHERLY LINE OF SAID PARCEL; THENCE NORTH 75° 32' 40" EAST ALONG THE NORTHERLY LINE DISTANCE OF 166.00 FEET TO A POINT ON THE WESTERLY LINE OF STEWART STREET POINT BEING ON A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 460.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, 20.91 FEET TO A POINT, A RADIAL LINE TO SAID POINT BEARS NORTH 59° 06' 12" EAST, THENCE SOUTH 75° 32' 40" WEST PARALLEL WITH THE NORTHERLY LINE OF PARCEL 9 A DISTANCE OF 111.23 FEET; THENCE SOUTH 29° 53' 38" EAST A DISTANCE OF 103.41 FEET TO THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD, 117 FEET WIDE, THENCE SOUTH 60 DEG 06' 22" WEST ALONG THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD 75.70 FEET TO THE POINT OF BEGINNING. PARCEL 5: THAT PORTION OF PARCEL 9 OF LOS ANGELES COUNTY ASSESSOR MAP #74, IN THE CITY OF SANTA MONICA, COUNTY OF LOS A-3
ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK I PAGE 39 OF LOS ANGELES COUNTY ASSESSOR MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY BOUNDARY OF SAID PARCEL 9, DISTANT THEREON NORTH 60° 06' 22" EAST, 75.70 FEET FROM THE MOST SOUTHERLY CORNER OF SAID PARCEL 9, THENCE ALONG SAID SOUTHEASTERLY BOUNDARY, ALSO BEING THE NORTHWESTERLY LINE OF OLYMPIC BOULEY ARD, 117 FEET WIDE, NORTH 60° 06' 22" EAST 82.29 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 25 FEET; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 39.27 FEET; THENCE NORTH 29° 53' 38" WEST, 40.75,FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 460 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 8.05 FEET TO A POINT, A RADIAL LINE TO SAID POINT BEARS NORTH 59° 06' 12" EAST, THENCE SOUTH 75° 32' 40" WEST PARALLEL WITH THE NORTHERLY LINE OF PARCEL 9 A DISTANCE OF 111.23 FEET; THENCE SOUTH 29° 53' 38" EAST 103.41 FEET TO THE POINT OF BEGINNING. APN: 4268-001-040 and 4268-001-048 A-4
EXHIBIT "B" PROJECT PLANS On file with City of Santa Monica
EXHIBIT "C" PERMITTED FEES AND EXACTIONS I. Each Developer shall pay the following fees and charges that are within the City's jurisdiction and at the rate in effect at the time payments are made with respect to the Building being processed by such Developer: (a) Upon submittal for Architectural Review Board (ARB) review, Developer shall pay City fees for processing of ARB applications; (b) Upon submittal for plan check, Developer shall pay City plan check fees; (c) Prior to issuance of a construction permit for any Building, the applicable Developer shall pay the following City fees and all other standard fees imposed on similar development projects, except to the extent such fees are specifically addressed in this Agreement. • Building, Plumbing, Mechanical, Electrical, Grading, Seismic Mapping, Excavation and Shoring Permit fees (collected by Buildings & Safety) • Shoring Tieback fee (collected by EPWM) except that no shoring tieback fee shall be required for tiebacks on any portion of the Property, including, without limitation, that portion of the Property on which the new streets have been constructed; • Park and Recreation Facilities Tax (SMMC Section 6.80). Each Developer of a Residential Building shall pay a fee of $200.00 per residential unit, due and payable at the time of issuance of a building permit for the construction of such Building. • Construction and Demolition (C&D) Waste Management fee (SMMC Section 7.60.020) (collected by EPWM) (collected by EPWM) • Wastewater Capital Facilities Fee (SMMC Section 7.04.460) (collected byEPWM) • Water Capital Facilities Fee & Water Meter Instillation fee (Water Meter Permit fee) (SMMC Section 7.12.090) (collected by EPWM) • Fire line Meter fee (SMMC Section 7.12.090) (collected by EPWM) (d) Upon inspection of any Building in the Project during the course of construction of such Building, City inspection fees, not to exceed a reasonable cost for a reasonable number of inspections. C-I
These fees shall be reimbursed to such Developer in accordance with the City's standard practice should such Developer not proceed with development of the Building. 2. Prior to issuance of permits for any construction work in the public right-of-way, or use of public property, the applicable Developer shall pay the following City fees: • Use of Public Property Permit fees (SMMC 7.04.670) (EPWM) • Utility Excavation Permit fee (SMMC 7.04.010) (EPWM) • Street Permit fee (SMMC 7.04.790) (EPWM) 3. Developers shall, collectively, reimburse the City for its actual costs to monitor environmental mitigation measures. The City shall bill Developers for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developers shall submit payment to the City within 30 days. 4. Developers shall, collectively, reimburse the City for its ongoing actual costs to monitor the Project's compliance with this Development Agreement. The City shall bill Developers for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developers shall submit payment to the City within 30 days. C-2
EXHIBIT "D" MITIGATION MEASURES AND CONDITIONS OF APPROVAL D -I
SECTION A-MITIGATION MEASURES 1. MM4.2-1 The Applicant shall require by contract specifications that all diesel-powered equipment used will be retrofitted with after-treatment products (e.g., engine catalysts and diesel particulate filters). The engine catalysts shall achieve a minimum reduction of 15 percent for NOx from manufacturer specifications. The diesel particulate filters shall meet EPA Tier 3 standards, consistent with CARB approved Truck and Bus Regulation requirements in affect at the time the contract is approved. Contract specifications shall be included in project construction documents, which shall be reviewed by the City of Santa Monica prior to issuance of a grading permit. 2. MM4.2-2 The Applicant shall require by contract specifications that all heavy-duty diesel-powered equipment operating and refueling at the project site use low-NOx diesel fuel to the extent that it is readily available and cost effective (up to 125 percent of the cost of California Air Resources Board diesel) in the South Coast Air Basin (this does not apply to diesel-powered trucks traveling to and from the project site). Contract specifications shall be included in project construction documents, which shall be reviewed by the City of Santa Monica prior to issuance of a grading permit. 3. MM4.2-3 The Applicant shall require by contract specifications that all heavy-duty diesel-powered equipment operations at the project site will utilize a phased-in emission control technology in advance of a regulatory requirement such that 30 percent of the fleet will meet USEPA Tier 4 engine standards for particulate matter control (or equivalent) starting in 2013 and for the duration of the project, consistent with CARB approved Truck and Bus Regulation requirements in affect at the time the contract is approved. 4. MM4.2-4 The Applicant shall require by contract specifications that construction equipment engines be maintained in good condition and in proper tune per manufacturer's specification for the duration of construction. Contract specifications shall be included in project construction documents, which shall be reviewed by the City of Santa Monica prior to issuance of a grading permit. 5. MM4.2-5 The Applicant shall require by contract specifications that construction operations rely on the electricity infrastructure surrounding the construction site rather than electrical generators powered by internal combustion engines. Contract specifications shall be included in project construction documents, which shall be reviewed by the City of Santa Monica prior to issuance of a grading permit. 6. MM4.2-6 As required by South Coast Air Quality Management District Rule 403-Fugitive Dust, all construction activities that are capable of generating fugitive dust are required to implement dust control measures during each phase D -2
of project development to reduce the amount of particulate matter entrained in the ambient air. These measures include the following: a. Application of soil stabilizers to inactive construction areas b. Quick replacement of ground cover in disturbed areas c. Watering of exposed surfaces three times daily d. Watering of all unpaved haul roads three times daily e. Covering all stock piles with tarp f. Reduction of vehicle speed on unpaved roads g. Post signs on-site limiting traffic to 15 miles per hour or less h. Sweep streets adjacent to the project site at the end of the day if visible soil material is carried over to adjacent roads i. Cover or have water applied to the exposed surface of all trucks hauling dirt, sand, soil, or other loose materials prior to leaving the site to prevent dust from impacting the surrounding areas j. Install wheel washers where vehicles enter and exit unpaved roads onto paved roads to wash off trucks and any equipment leaving the site each trip 7. MM4.2-7 The Applicant shall require by contract specifications that construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 5 minutes. Diesel-fueled commercial motor vehicles with gross vehicular weight ratings of greater than 10,000 pounds shall be turned off when not in use for more than 5 minutes. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Monica. 8. MM4.2-8 The Applicant shall require by contract specifications that construction parking be configured to minimize traffic interference during the construction period and, therefore, reduce idling of traffic. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Monica. 9. MM4.2-9 The Applicant shall require by contract specifications that temporary traffic controls are provided, such as a flag person, during all phases of construction to facilitate smooth traffic flow. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Monica. 10. MM4.2-10 The Applicant shall require by contract specifications that construction activities that would affect traffic flow on the arterial system be scheduled to off-peak hours (9:30 am to 4:00pm). Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Monica D-3
11. MM4.2-11 The Applicant shall require by contract specifications that trackout roads will meet SCAQMD Table XI-C standards to achieve a 46 percent reduction in PM 10 .The construction contractor shall install gravel bed trackout apron (3 inches deep, 25 feet long, 12 feet wide per lane and edged by rock berm or row of stakes) to reduce mud/dirt trackout from unpaved truck exit routes. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Monica. 12. MM4.2-12 The Applicant shall require by contract specifications that the architectural coating (paint and primer) products used have a VOC rating of 125 grams per liter or less. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Monica. 13. MM4.2-13 The Applicant shall require by contract specifications that materials that do not require painting be used during construction to the extent feasible. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Monica. 14. MM4.2-14 The Applicant shall require by contract specifications that pre-painted construction materials be used to the extent feasible. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Monica. 15. MM4.2-15 Prior to issuance of a building permit, the Applicant shall demonstrate that the design of the proposed buildings or structures exceeds current Title 24 requirements (as provided for in the 2010 California Green Building Code [Title 24, Part 11]) by a minimum of15 percent or the 2013 California Green Building Code, whichever is more stringent, subject to review by the City of Santa Monica. Documentation of compliance with this measure shall be provided to the Planning Department for review and approval prior to issuance of the permit. Installation of the identified design features or equipment will be confirmed by the City of Santa Monica prior to certificate of occupancy. Any combination of the following design features may be used to fulfill this mitigation provided that the total increase in efficiency meets or exceeds the more stringent of 15 percent or the 2013 California Green Building Code: a. Increase in insulation such that heat transfer and thermal bridging is minimized b. Limit air leakage through the structure or within the heating and cooling distribution system to minimize energy consumption c. Incorporate dual-paned or other energy efficient windows d. Incorporate energy efficient space heating and cooling equipment e. Incorporate energy efficient light fixtures f. Incorporate energy efficient appliances g. Incorporate energy efficient domestic hot water systems D-4
h. Incorporate solar panels into the electrical system i. Incorporate cool roofs/light-colored roofing j. Or other measures that will increase the energy efficiency of building envelope in a manner that when combined with the other options listed above exceeds current Title 24 Standards (as provided for in the 2010 California Green Building Code [Title 24, Part 11]) by a minimum of 15 percent or meets the 2013 California Green Building Code, whichever is more stringent. 16. MM4.2-16 The Applicant shall ensure that designs include all illumination elements to have controls to allow selective use as an energy conservation measure. 17. MM4.2-17 Prior to issuance of any certificate of occupancy, the Applicant shall demonstrate that all interior building lighting supports the use of compact fluorescent light bulbs or equivalently efficient lighting to the satisfaction of the City of Santa Monica. 18. MM4.2-18 The Applicant shall ensure that maintenance activities during operation of the proposed project requiring the reapplication of architectural coating (paint and primer) shall use products that have a low to no VOC rating. 19. MM4.3-l Avoidance of Nesting Birds. To prevent impacts to nesting birds protected under the MBTA and California Fish and Game Code, the project applicant shall enforce the following: a. Where suitable vegetation and structures for nesting birds occur within 200 feet of project construction activities, all phases of project construction shall avoid the general nesting season (March 1 through August 31). b. If construction cannot avoid the general nesting season, the project applicant shall retain a qualified biologist to conduct a pre-construction survey for nesting birds prior to clearing, grading and/or construction activities on the project site. The survey shall be conducted within 72 hours prior to the start of construction. c. If any nesting birds are present within or immediately adjacent to the proposed project construction area, the following shall be required: i. The project applicant shall retain a qualified biologist to flag and demarcate the location of all nesting birds and monitor construction activities. Temporary avoidance of active bird nests, including the enforcement of an avoidance buffer of 25 to 200 feet, as determined by the qualified biological monitor, shall be required until the qualified biological monitor has verified that the youug have fledged or the nest has otherwise become inactive. Documentation of the nesting bird surveys and any follow-up D-5
monitoring, as necessary, shall be provided to the City within 10 days ofcompleting the final survey or monitoring event. 20. MM4.3-2 Mature Tree Preservation. Prior to commencement of construction activities and/or the removal or planting of any public tree species within the project area, the project applicant shall coordinate with the City of Santa Monica Director of Recreation and Parks and the City of Santa Monica Director of General Services to obtain the proper tree permits and delineate any applicable Tree Protection Zone areas, in compliance with the City of Santa Monica Tree Code and the City of Santa Monica Urban Forest Master Plan. 21. MM4.3-3 Tree Relocation and Removal Plan. Prior to commencement of construction activities and/or the removal or planting of any public tree species within the project area, the project applicant shall prepare a Tree Relocation and Removal Plan in accordance with the City of Santa Monica Urban Forest Master Plan that clearly identifies the public trees to be impacted, the reasons for the proposed removals or relocations, and shall contain the following information: a. The appraised value of the tree in relation to its relocation cost b. Existing utilities and other elements of the City's infrastructure c. The suitability of the tree for relocation, i.e., tree age, health, root and canopy structure d. The mature size of the tree e. Impact the relocated tree will have on the new site f. Long term and short term maintenance and irrigation requirements g. Chances of surviving relocation h. Public input obtained as part of the project's community design process i. Environmental benefits of the tree j. Aesthetic and/or cultural value The final Tree Relocation and Removal Plan shall be approved by the City Council. 22. MM4.3-4 Coral Tree Replacement. Coral trees removed as a result of the proposed project and that cannot be relocated shall be replaced on a 2:1 basis. Replacement coral trees shall consist of a minimum of 36-inch box trees. The replacement coral trees shall be planted within the Olympic Boulevard median to the extent that a relocation site is available as identified by the City of Santa Monica's Community Forester. If a relocation site within the Olympic Boulevard median is not available, another suitable relocation site may be identified by the City of Santa Monica's Community Forester. 23. MM4.4-1 The applicant shall prepare, implement and maintain a Construction Impact Mitigation Plan prior to issuance of a building permit to adequately manage traffic during construction and shall be designed to: a. Prevent traffic impacts on the surrounding roadway network D-6
b. Minimize parking impacts both to public parking and access to private parking to the greatest extent practicable c. Ensure safety for both those constructing the project and the surrounding community d. Prevent substantial truck traffic through residential neighborhoods The Construction Impact Mitigation Plan shall be subject to review and approval by the following City departments: Public Works Department, Fire, Planning and Community Development and Police to ensure that the Plan has been designed in accordance with this mitigation measure. This review shall occur prior to issuance of grading or building permits. It shall, at a minimum, include the following: Ongoing Requirements throughout the Duration of Construction • A detailed traffic control plan for work zones shall be maintained. At a minimum, this shall include parking and travel lane configurations; warning, regulatory, guide, and directional signage; and area sidewalks, bicycle lanes, and parking lanes. The plan shall include specific information regarding the project's construction activities that may disrupt normal pedestrian and traffic flow and the measures to address these disruptions. Such plans shall be reviewed and approved by the Transportation Management Division prior to commencement of construction and implemented in accordance with this approval. • Work within the public right-of-way shall be performed between 9:00AM and 4:00PM. This work includes dirt and demolition material hauling and construction material delivery. Work within the public right-of-way outside of these hours shall only be allowed after the issuance of an after-hours construction permit. • Streets and equipment shall be cleaned in accordance with established PW requirements. • Trucks shall only travel on a City-approved construction route. Truck queuing/staging shall not be allowed on Santa Monica streets. Limited queuing may occur on the construction site itself. • Materials and equipment shall be minimally visible to the public; the preferred location for materials is to be on site, with a minimum amount of materials within a work area in the public right-of-way, subject to a current Use of Public Property Permit. • Any requests for work before or after normal construction hours within the public right-of-way shall be subject to review and approval through the After Hours Pe1mit process administered by the Building and Safety Division. • Provision of off-street parking for construction workers, which may include the use of a remote location with shuttle transport to the site, if determined necessary by the City of Santa Monica. D -7
Project Coordination Elements That Shall Be Implemented Prior to Commencement of Construction • The applicant shall advise the traveling public of impending construction activities (e.g., information signs, portable message signs, media listing/notification, implementation of an approved traffic control plan). • The applicant shall obtain a Use of Public Property Permit, Excavation Permit, Sewer Permit, or Oversize Load Permit, as well as any Caltrans permits required, for any construction work requiring encroachment into public rights-of-way, detours, or any other work within the public right-of-way. • The applicant shall provide timely notification of construction schedules to all affected agencies (e.g., Big Blue Bus, Police Depattment, Fire Department, Public Works Department, and Planning and Community Development Department) and to all owners and residential and commercial tenants of propetty within a radius of 500 feet. • The applicant shall coordinate construction work with affected agencies in advance of start of work. Approvals may take up to two weeks per each submittal. • The applicant shall obtain Transportation Management Division approval of any haul routes for earth, concrete, or construction materials and equipment hauling. 24. MM4.5-1 In the event that any prehistoric or historic-period subsurface archaeological features or deposits, including locally darkened soil ("midden"), that could conceal cultural deposits, animal bone, obsidian, and/or mortar are discovered during demolition/construction-related earth-moving activities, all ground-disturbing activity within a 1 00-meter radius of the resources shall be halted immediately, and the City of Santa Monica Planning and Community Development Director shall be notified within 24 hours. The project applicant shall retain an archaeologist who meets the Secretary of the Interior's professional qualifications for Archaeology. The Planning and Community Development Director shall consult with the archeologist to assess the significance of the find. Impacts to any significant resources shall be mitigated to a less-than-significant level through data recovery or other methods determined adequate by the Planning and Community Development Director and that are consistent with the Secretary of the Interior's Standards for Archaeological Documentation. IfNative American archaeological, ethnographic, or spiritual resources m·e discovered, all identification and treatment of the resources shall be conducted by a qualified archaeologist and Native American representatives who are approved by the local Native American community as scholars of the cultural traditions. In the event that no such Native American is available, persons who represent tribal governments and/or organizations in the locale in which resources could be affected shall be consulted. When historic archaeological sites or historic architectural features are involved, all identification and treatment is to be carried D-8
out by historical archaeologists or architectural historians who meet the Secretary of the Interior's professional qualifications for Archaeology and/or Architectural History. 25. MM4.5-2 Should paleontological resources be identified at any project construction sites during any phase of construction, the construction manager shall cease operation within a 100-meter radius of the discovery and immediately notify the City of Santa Monica Planning and Community Development Department. The project proponent shall retain a qualified paleontologist to provide an evaluation of the find and to prescribe mitigation measures to reduce impacts to a less-than-significant level. In considering any suggested mitigation proposed by the consulting paleontologist, the Planning and Community Development Department shall dete1mine whether avoidance is necessary and feasible in light of factors such as the nature of the find, project design, costs, land use assumptions, and other considerations. If avoidance is unnecessary or infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation for paleontological resources is carried out. 26. MM4.5-3 If human remains are discovered during any demolition/construction activities, all ground-disturbing activity within a I DO-meter radius of the remains shall be halted immediately, and the Los Angeles County coroner shall be notified immediately, according to Section 5097.98 of the state Public Resources Code and Section 7050.5 of California's Health and Safety Code. If the remains are determined by the County coroner to be Native American, the Native American Heritage Commission (NAHC) shall be notified within 24 hours, and the guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains. The project applicant shall also retain a professional archaeologist with Native American burial experience to conduct a field investigation of the specific site and consult with the Most Likely Descendant, if any, identified by the NAHC. As necessary, the archaeologist may provide professional assistance to the Most Likely Descendant, including the excavation and removal of the human remains. The City of Santa Monica Planning and Community Development Director shall be responsible for approval of recommended mitigation as it deems appropriate, taking account of the provisions of state law, as set forth in CEQA Guidelines Section 15064.5(e) and Public Resources Code Section 5097.98. The project applicant shall implement approved mitigation, to be verified by the City of Santa Monica Planning and Community Development Director, before the resumption of ground-disturbing activities within a I 00-meter radius of where the remains were discovered. 27. MM4.6-l Prior to issuance of a grading permit, a California-licensed Civil Engineer (Geotechnical) shall prepare and submit to the City of Santa Monica Building and Safety Department a detailed soils and geotechnical analysis. An evaluation of onsite faulting, which may require subsurface exploration using methods such as trenching, shall be performed in accordance with the City of D-9
Santa Monica's Guidelines for Geotechnical Reports (City of Santa Monica, 20 I 0 or successor thereto) in order to establish fault locations and potential recency of activity. The report shall include soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, expansive soils, soil erosion, and landscaping. 28. MM4.6-2 The proposed project shall comply with the recommendations of the final soils and geotechnical report, which has been reviewed and approved by the City in accordance with all applicable rules and regulations. These recommendations shall be implemented in the design of the project, including but not limited to measures associated with building setbacks, building placement, building design, site preparation, fill placement, temporary shoring and permanent dewatering, groundwater seismic design features, excavation stability, foundations, soil stabilization, establishment of deep foundations, concrete slabs and pavements, surface drainage, cement type and corrosion measures, erosion control, shoring and internal bracing, and plan review. 29. MM4.6-3 The proposed project structure shall not be supported directly on the landfill materials. If the landfill materials could not be completely removed, the structures within the limits of the landfill material shall be supported on pile foundations. 30. MM4.7-1 In accordance with SMMC Section 8.108.110, or any successor thereto, the Applicant shall ensure that all construction projects divert at least 70 percent of all construction debris from landfills. In addition, the project shall use green building materials, following the City's Green Building Ordinance, which may include the use of salvageable materials from existing buildings on-site. This can take the form of re-use of entire structures, re-use or repurposing of significant elements, such as beams or trusses, and recycling materials within the new project such as grinding paving and asphalt for use as base material at the site. These activities will increase the sustainability of the site through reduced waste materials from demolition, reduced need for new materials on site, and reduction of the ancillary transportation impacts from off-haul and delivery of materials to the site. 31. MM4.7-2 The Applicant shall ensure that all residential and commercial developments increase electrical energy efficiency by 20 percent beyond the 2008 Standards for Title 24 Part 6 energy efficiency standards or meet the 2013 California Energy Code, whichever is more stringent. The Applicant shall achieve this reduction through methods such as (but not limited to) the following: a. The Applicant shall ensure that ENERGY STAR Appliances are utilized in all residential uses. b. Use light emitting diode (LED) based energy efficient street lighting. c. Use occupancy sensors for all areas allowed by code, such as offices and conference rooms. D -10
d. The projects' interior building lighting shall use compact fluorescent light bulbs or equivalently efficient lighting to the satisfaction of the City of Santa Monica Building and Safety Department. e. Use Energy Efficient Roofing Materials. All roofing materials shall be Energy Star® certified. All roof products shall also be certified to meet American Society for Testing and Materials (ASTM) high emissivity requirements. Documentation of compliance with this measure shall be provided to the City of Santa Monica Building and Safety Division for review and approval. Installation of the identified design features or equipment will be confirmed by the City prior to issuance of certificate of occupancy. 32. MM4. 7-3 The Applicant shall ensure that all residential and commercial developments increase natural gas efficiency by 20 percent beyond the 2008 Standards for Title 24 Part 6 energy efficiency standards or meet the 2013 California Energy Code, whichever is more stringent. The Applicant shall achieve this reduction through methods such as (but not limited to) the following: • Exterior wall systems will be fully insulated beyond minimum 2008 Standards for Title 24 Part 6 energy efficiency standards. • Glazing will specifY insulated Low-E glass with thermal break window frame systems. • Where feasible, incorporate passive solar design features into the buildings, which may include roof overhangs or canopies that block summer shade, but that allow winter sun, from penetrating south facing windows. • Increase in insulation such that heat transfer and thermal bridging is minimized. • Limit air leakage through the structure or within the heating and cooling distribution system to minimize energy consumption. • Incorporate dual-paned or other energy efficient windows. • Incorporate energy efficient space heating and cooling equipment. • Or other measures that will increase the energy efficiency of building envelope in a manner that when combined with the other options listed above exceeds current Title 24 Standards (Title 24, Part 6 of the California Code of Regulations; Energy Efficiency Standards for Residential and Non Residential Buildings, as amended September 11, 2008; Cool Roof Coatings performance standards as amended September 11, 2006) by a minimum of20 percent or meet the 2013 California Energy Code, whichever is more stringent. Documentation of compliance with this measure shall be provided to the City of Santa Monica Building and Safety Division for review and approval. Installation D-11
of the identified design features or equipment will be confirmed by the City prior to issuance of certificate of occupancy. 33. MM4.7-4 The Applicant shall include the use of or contribution to increased renewable energy power generation such that at least 45 percent of the project's electricity comes fi·om renewable sources. This would be achieved by methods such as (but not limited to) the following: • Incorporate solar panels into the electrical system. e Incorporate cool roofs/light-colored roofing Documentation of compliance with this measure shall be provided to the City of Santa Monica Building and Safety Division for review and approval. Installation of the identified design features or equipment will be confirmed by the City prior to issuance of certificate of occupancy. 34. MM4.7-5 The Applicant shall include at least one electrical outlet not more than 100 feet apart on each side of the exterior of new buildings to reduce emissions from gas-powered landscape maintenance equipment. Documentation of compliance with this measure shall be provided to the City of Santa Monica Building and Safety Division for review and approval. Installation ofthe identified design features or equipment will be confirmed by the City prior to issuance of certificate of occupancy. 35. MM4.7-6 The Applicant shall ensure that all residential and commercial development reduce indoor water consumption by a minimum of 20 percent from 2008 Title 24 standards or meet the 2013 California Building Standards Law, whichever is more stringent. The Applicant shall achieve this reduction through methods such as (but not limited to) the following: • Install low-flow or waterless fixtures in public and residential restrooms, including but not limited to toilets, dishwashers, shower heads, washing machines, etc. • Control the flow of water to the garbage disposal. • Ensure water pressure and flows to dishwashers are set a minimum required setting. • Install flushometer (tankless) toilets with water-saving diaphragms and coordinate automatic systems with work hours so that they don't tun continuously in public restrooms. Documentation of compliance with this measure shall be provided to the City of Santa Monica Building and Safety Division for review and approval. Installation of the identified design features or equipment will be confirmed by the City prior to issuance of certificate of occupancy. 36. MM4.7-7 The Applicant shall ensure that all residential and commercial development reduce outdoor water consumption by a minimum of 10 percent D -12
from 2008 Title 24 standards or meet the 2013 Califmnia Building Standards Law, whichever is more stringent. The Applicant shall achieve this reduction through methods such as (but not limited to) the following: • Utilize water-efficient irrigation systems and drought tolerant plant palette and insure that sprinklers are directing water to landscape areas, and not to parking lots, sidewalks or other paved areas. • Adjust the irrigation schedule for seasonal changes. • Use brooms, squeegees, and wet/dry vacuums to clean surfaces before washing with water; do not use hoses as brooms; sweep or blow paved areas to clean, rather than hosing off(applies outside, not inside). • Avoid washing building exteriors or other outside structures. • Sweep and vacuum parking lots/sidewalks/window surfaces rather than washing with water. • Use a shut-off nozzle on all hoses that can be adjusted down to a fine spray so that water flows only when needed. • Install automatic rain shutoff device on sprinkler systems. Documentation of compliance with this measure shall be provided to the City of Santa Monica Building and Safety Division for review and approval. Installation of the identified design features or equipment will be confirmed by the City prior to issuance of certificate of occupancy. 37. MM4.7-8 The Applicant shall reduce waste through recycling and com posting such that 70 percent of waste is diverted from the landfill. Prior to issuance of a building permit, the applicant shall demonstrate that the proposed project incorporates exterior storage areas for recyclables and green waste and adequate recycling containers located in public/common areas pursuant to the adopted standards. Documentation of compliance with this measure shall be provided to the City of Santa Monica Building and Safety Depmtment for review and approval. Installation of the identified design features or equipment will be confirmed by the City prior to issuance of certificate of occupancy. 38. MM4.7-9 In lieu of mitigation measures MM4.7-2 through MM4.7-8, the project applicant may provide a quantitative accounting of GHG emissions to the City utilizing an alternative emissions reduction strategy for each phase of development within the proposed project such that the following requirements are met: • The reduction scenario must be submitted to and approved by the City before a building permit can be obtained. • The reduction scenario must detail the proposed measures and the reduction percentage from overall project emissions. • The reduction scenario must, at a minimum, meet the existing regulatmy standards at the time it is submitted. D-13
• The reduction scenario must be compliant with the City-implemented TDM requirements. • The reduction scenario must reduce total project emissions (mobile plus nonmobile) to below 10,000 MT C0 2 e annually. 39. MM4.8-l Prior to demolition and/or construction activities, the proposed project site shall be tested for asbestos and lead by a licensed contractor. The asbestos report shall be submitted to the South Coast Air Quality Management District for review and approval. In addition, copies of the asbestos report and the lead report shall be provided to the City of Santa Monica Building and Safety Division prior to the issuance of demolition permits. The contractor shall follow all applicable local, state, and federal codes and regulations related to the treatment, handling, and disposal of asbestos and lead if the proposed project requires asbestos and/or lead abatement. 40. MM4.8-2 Prior to the issuance of grading permits for the project site, the site developer(s) shall conclude all investigation and/or remediation activities. It shall be the responsibility of the site developer(s) to complete such investigation and/or remediation prior to construction of the project. Remediation shall be accomplished in a manner that reduces risk to below applicable standards and shall be completed prior to issuance of any occupancy permits. Closure report or other reports regarding iuvestigatimi and/or remediation activities regarding groundwater and/or soil shall be submitted to LAR WQCB and/or DTSC for review and approval. Approved reports that document the successful completion of required remediation activities, for contaminated soils and groundwater shall be submitted to the Santa Monica Fire Department and the City of Santa Monica Water Resources Division prior to the issuance of grading permits for site development. No construction shall occur in the affected area until reports have been accepted by the City. 41. MM4.8-3 In the event that previously unknown or unidentified soil and/or groundwater contamination that could present a threat to human health or the environment is encountered during construction at the project site, construction activities iu the immediate vicinity of the contamination shall cease immediately. A qualified environmental specialist (e.g., a licensed Professional Geologist [PG], a licensed Professional Engineer [PE] or similarly qualified individual) shall conduct an investigation to identify and to determine the level of soil and/or groundwater contamination. If contamination is encountered, a Risk Management Plan shall be prepared and implemented that (1) identifies the contaminants of concern and the potential risk each contaminant would pose to human health and the environment during construction and post-development and (2) describes measures to be taken to protect workers, and the public from exposure to potential site hazards. Such measures could include a range of options, including, but not limited to, physical site controls during construction, remediation, long-term monitoring, post-development maintenance or access limitations, or some combination thereof. Depending on the nature of contamination, if any, D-14
appropriate agencies shall be notified (e.g., Santa Monica Fire Department). If needed, a Site Health and Safety Plan that meets Occupational Safety and Health Administration requirements shall be prepared and in place prior to commencement of work in any contaminated area. 42. MM4.8-4 A Human Health Risk Assessment (HRA) shall be prepared to analyze potential concerns associated with possible hazardous emissions from the landfills and to determine if the hazardous emissions pose any actual endangerment to the project site. 43. MM4.9-1 Iftemporruy and/or permanent dewatering on the project site is required, the Applicant shall obtain a dewatering permit from the City of Santa Monica Water Resources Protection Program prior to the issuance of a grading permit. Soil and groundwater testing to a minimum depth of 50 feet shall be conducted to the satisfaction of the Water Resources Protection Program staff. If contaminated groundwater is discovered on site, treatment and discharge of the contruninated groundwater shall be conducted in compliance with applicable regulatory requirements including the Los Angeles Regional Water Quality Control Board standards. 44. MM4.9-2 The Applicant shall design storm drain facilities (i.e., on-site detention facility) to ensure that the capacity flow does not exceed 1.8 cfs per acre per County of Los Angeles restriction on capacity limitation to the Pico-Kenter Canyon drain for the proposed project. Prior to any construction activities, the Applicant shall apply for a permit with the County of Los Angeles to obtain final approval to connect to the Pico-Kenter Canyon drain. The Applicant also shall submit storm drain facilities plans to the City of Santa Monica Department of Public Works to meet any additional conditions required by the City and approval to ensure that the flow capacity allowed by the County of Los Angeles are not exceeded. 45. MM4.12-1 The Applicant's construction contracts shall require implementation of the following construction best management practices (BMPs) by all construction contractors and subcontractors working in or around the project site to reduce construction noise levels: • The Applicant and its contractors and subcontractors shall ensure that construction equipment is properly muffled according to manufactures specifications or as required by the City's Department of Building and Safety, whichever is the more stringent. • The Applicant and its contractors and subcontractors shall place noise-generating construction equipment and locate construction staging areas away from sensitive uses, where feasible, to the satisfaction ofthe Department of Building and Safety. • The Applicant and its contractors and subcontractors shall implement noise attenuation measures which may include, but are not limited to, D-15
noise bmTiers or noise blankets to the satisfaction of the City's Department of Building and Safety. 46. MM4.12-2 The Applicant's contracts with its construction contractors and subcontractors shall include the requirement that construction staging areas, construction worker parking and the operation of emthmoving equipment within the project site, are located as far away from vibration-and noise-sensitive sites as possible. Contract provisions incorporating the above requirements shall be included as part of the project's construction documents, which shall be reviewed and approved by the City. 47. MM4.12-3 The Applicant shall require by contract specifications that heavily loaded trucks used during construction shall be routed away from residential streets to the extent possible. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed by the City prior to issuance of a grading permit. Mitigation Measures 4.16-1 through 4.16-10 shall be implemented by the Developer in accordance with the trip generation rates in the FEIR and the following impact threshold testing trigger table: Intersection Lincoln & Ocean Park Walgrove & Rose* Jurisdiction SM lA Mitigation Measure Approval Year Trigger At the intersection of Lincoln Boulevard and Ocean Park Boulevard the traffic signal shall be modified from protected to protected-permitted left-turn phasing for the eastbound and westbound approaches. The provision of some AM In Out 130 49 combination of new signage, controller cabinets, poles, mast arms, detectors, and/or signal heads shaH be required. The 1---1---+---1 City of Santa Monica shall monitor the operation of this Intersection and adjust the signal timing and phasing as appropriate. At thE:!-Intersedto'n of 23rd Street ·a-nd oC'ea~·Park BQ:ule:vard; PM 70 60 an 'exclusive riiht-tu'rri lane-'shall-be _added ~m-,the eastbm.iild apPro·a~h.; To _ad::o,mmod~te_ the -right tuin.-Jane~ tbE,!.'-el(lsi:111g eastbound through Iane-:approach shall'-be shifted approximately_ two-feet·to--the 'north to p_fovlde io(Hll f6(a funCtional rJghHurn -lane. Peak period paikiilg ·resfrtctlons' sh:aiL-be implemented tor the:-first 75 fe"et_ of par~h"ig (apPi'~iril'ately three p"a,ikln'g' SPaces) dosest--tO _--t_he inters-eCtiOn' (e~istbo'und: oil _.Ocean Park' Boulevard west -'Of f'-.,-'-f'-'-'-+"'-''-'-1 23rd Stre'et) -to_ ajlow for vehicles, to rilake "e<istboi.Jild _right tur'n:S: CfiltoZ3'id street frOm--Ocean' ParkBc;lUievard,dUring thE!_ pea~ ·-periods '9-ild_ When space_ Is available 'outsiOe Qt:-peak peitoO~. Resti"IPlng and_ p_eak periCld: ,parkirig restrici:JO_ri Sigriage'-at -the _eastbound appr_o_a¢h of this_ interSect}oli shall be _ie'_qu!red. _ At the Intersection of Walgrove Avenue and Rose Avenue, the westbound approach to shall be converted from a shared left/through/right lane to a shared through/left-turn lane and AM one right-turn lane. If public ROW is needed to accommodate a right-turn lane on the westbound approach, the relocation of street lights, signage, and utilities along the westbound D -16 297 111
Intersection Jurisdiction . · Cl6verfleld & Sarita-Monica SM Bb_ulevard , I . ··. . .. . ·.·· .· 26th & Wilshire . . I 1<. St~wart& Oly!flpi¢ . ··· Centinela & 1-10 westbound* I ·.. . · . SM SM SM/lA .. .·. ••••• Mitigation Measure approach and the removal of two parking spaces is required. Implementation of this improvement would require LADOT approval. Developer shaH use Its good faith reasonable efforts to obtain such approval, including filing application plans, specifications, and studies that provide sufficient Information and details to enable the City of los Angeles to evaluate implementing the mitigation measure. Approval Year Trigger In Out PM 137 313 ···.· .··.· .. At the-inters€ction -of Clov€rfield Boul!'!:vard lind Santa Monica BOuleva'rdi the_ left-tun) Phasing for the westbound leg of the CtOvetflEild Boulevard and Santa Monica BOuleVard l9ters'eci1on· 's'haH be ~ mO'difled-fro~ a prOtected ,p_haS·e· tO--a-permitted--protected pha·se.-The provision of a tombin~t]on of new slgnage, Cbnticille_i'_Cabinets, poleS, m'cisf armS,.deteCtOrs, ~n(i/or .signiil h¢ad~ Shall ~e n!_q-uirf::d~ The. ~-it¥_ -of' S:~nia MOnica·_ shalf-mOilitOr-_ihe oj)_€-nition· of this _liltEdSedlOn-_a lid-adju.st the signal timing arld_-phas_hlg aS approp~iate~~:T:-, _-, -AM -20 7 Only for Approval Year: At the intersection of 26th Street and Wilshire Boulevard, the protected-permitted phasing for the eastbound and westbound left-turn movements shall be modified to permitted phasing. Temporary signage during a period of adjustment for motorists and the provision of some combination of new signage, controller cabinets, poles, mast arms, detectors, and/or signal heads shall be required. The City of Santa Monica shall monitor the operation of this intersection and adjust the signal timing and phasing as appropriate . At ~he Stewarf_Stre_et an~ Olymp_ic_B~mlevard lntersectfon, the_ -PM 3 I ... · ... · ... · 4 "traffic Signal shall ~e inodlfled tO _p_rovide. pr0tect€d-Perinltl:e-d _ 1-, -l~ft~tu_rn_ PhasJrig _fcii-__ northbound and eaStbOund _apprOaches. _-___ .···· . .·· .. The. provlslon-'of-a .cornblniition·. of -·new slgnage,: cor'lti'olli:lr >PM ·:cabliletS, __ pol_es~:--mas(ai'mS;-detectOrS, aild/Or'-_Signa_l -heads -__ --I _--shall.be.require~. The_ City Of santa Monica __ shall·moiiito(the -. ~: 1 -·operatlo_n cif.thls lflteisectlon ana adjust the'_'signaltirriing arid -phasinga!{appr~Pricite_. ----: -·--~---:-:._ At the Intersection of Centlnela Avenue and the J-10 Westbound Ramps, the left-turn phasing at the northbound approach shall be converted from protected to permitted-protected. The provision of some combination of new signage, controller cabinets, poles, mast arms, detectors, and/or signal heads shall be required. The City of Santa Monica shall monitor the operation of this Intersection and adjust the signal timing and phasing as appropriate. Implementation of this Improvement would require lADOT approval. Developer shall use its good faith reasonable efforts to obtain such approval, including filing application plans, specifications, and studies that provide sufficient Information and details to enable the City of los Angeles to evaluate implementing the mitigation measure. D-17 AM PM 3 ---90 34 4 · ... 34 79
Intersection CentlileJa·& venice* Barrington & Olympic* Jurisdiction lA lA Mitigation Measure Approval Year Trigger At the intersection ·of Centinela Avenue and Venice I;Jo.u_leVard, ~lgnal-ph_aslng: ~peratJOns·shaU be modified by c·Ori_Vertktg both the ea_stbounq and ~he wes~bound left-turn pl)a_ses-from ex~tuSively. _.protected left-turn . phaslrig -to prOtected-permlssive __ left~turn phasing._ The eastbound .'eft~turr1 and the westbound_-Ie_ft~turn si~naJs·shaJI· act simultaneous]y·to_-avoid AM drlver __ confuslon. _Implementation of thls_ improve!Jlent Y/ould require LADOT-·approval. Developer shall use its good -faith re_as_Qrlabl€! :effort'S-to_ Obtain-such approval~ -_t~duding filing applicatiqn. plans,_ specifi_cations, and studies: that provide suffrci~nt in~ormation and _d~tciils to -eriab_le the City-of-los Angel_es to evaluate implementing the miti~ation measure. At the intersection Barrington Avenue and Olympic Boulevard, the left-turn phasing for the eastbound leg shall be modified from a permitted phase to a protected-permitted phase. LADOT shall monitor the operation of this intersection and adjust the signal timing and phasing as appropriate. The provision of a combination of new slgnage, controller cabinets, poles, mast arms, detectors, and/or signal heads PM shall be required. Implementation of this improvement would require LADOT approval. Developer shall use its good faith reasonable efforts to obtain such approval, including filing application plans, specifications, and studies that provide sufficient information and details to enable the City of Los Angeles to evaluate Implementing the mitigation measure. In Out 41 15 79 182 Af thE! lnters_ection of Federal Ave~ue ·a_nd Wlishiie BO~IeVaid, a northbo~nd rig_~Hurrl:-_oV~rl_~p--sha_ll ::b€' _installe~_-;_and .. ,the_ :share(Lthro~~h_/left-turn lane oil the -s()uthbou11d appro~ch ~n Federal }\_venue.shall-9e configured_ to an_ exdu_sive Jeft-turn lane._ The provision_-of ·a combination of_ new. signage,·· ·c_<mtr{jl_le!r CablrietS, poles.-.mast arms, detectors. <;~nd/Ol\s_lgn_al LA heads ·shall be required. hl1plementation of this lm'prov~_ment 1--'--J-~=+-~c,J would.-ret:(ul-re_LADDT approval. Developer_ sh~ll use its good faith. reasonable·_efforts.:to obtain such approval, .. indl!dlng· fiHrig· ·-application planS, -specifications, .and--_ studies: _that piovidEi Sufflcieiit lnform3.tidh ~nd deta_iis to enabl_e the! Ci_ty of los-Angeles to e~aluate· _ lmplem~nting · the_-mjti_gati<?n measure. *requires City of Los Angeles approval and/or Caltrans 48. MM4.16-1 At the intersection of Lincoln Boulevard and Ocean Park Boulevard the traffic signal shall be modified from protected to protected-permitted left-turn phasing for the eastbound and westbound approaches. The provision of some combination of new signage, controller cabinets, poles, mast arms, detectors, and/or signal heads shall be required. The City of Santa Monica shall monitor the operation of this intersection and adjust the signal timing and phasing as appropriate. 49. MM4.16-2 At the intersection of23'd Street and Ocean Park Boulevard, an exclusive right-turn lane shall be added on the eastbound approach. To accommodate the right turn lane the existing eastbound through lane approach shall be shifted approximately two feet to the north to provide room for a functional right-turn lane. Peak period parking restrictions shall be implemented for the first 75 feet of parking (approximately three parking spaces) closest to the D-18
intersection (eastbound on Ocean Park Boulevard west of23rd Street) to allow for vehicles to make eastbound right turns onto 23rd Street fi·om Ocean Park Boulevard during the peak periods and when space is available outside of peak periods. Restriping and peak period parking restriction signage at the eastbound approach of this intersection shall be required. 50. MM4.16-3 At the intersection of Cloverfield Boulevard and Santa Monica Boulevard, the left-turn phasing for the westbound leg of the Cloverfield Boulevard and Santa Monica Boulevard intersection shall be modified from a protected phase to a permitted-protected phase. The provision of a combination of new signage, controller cabinets, poles, mast arms, detectors, and/or signal heads shall be required. The City of Santa Monica shall monitor the operation of this intersection and adjust the signal timing and phasing as appropriate. 51. MM4.16-4 At the intersection of 26th Street and Wilshire Boulevard, the protected-permitted phasing for the eastbound and westbound left-turn · movements shall be modified to permitted phasing. Temporary signage during a period of adjustment for motorists and the provision of some combination of new signage, controller cabinets, poles, mast arms, detectors, and/or signal heads shall be required. The City of Santa Monica shall monitor the operation of this intersection and adjust the signal timing and phasing as appropriate. 52. MM4.16-5 At the Stewart Street and Olympic Boulevard intersection, the traffic signal shall be modified to provide protected-permitted left-turn phasing for northbound and eastbound approaches. The provision of a combination of new signage, controller cabinets, poles, mast arms, detectors, and/or signal heads shall be required. The City of Santa Monica shall monitor the operation of this intersection and adjust the signal timing and phasing as appropriate. 53. MM4.16-6 At the intersection ofCentinelaAvenue and the I-10 Westbound Ramps, the left-turn phasing at the northbound approach shall be converted from protected to permitted-protected. The provision of some combination of new signage, controller cabinets, poles, mast arms, detectors, and/or signal heads shall be required. The City of Santa Monica shall monitor the operation of this intersection and adjust the signal timing and phasing as appropriate. Implementation of this improvement would require LADOT approval, a Caltrans Encroachment Permit, and Caltrans review and approval of a traffic report and engineering plans. Developer shall use its good faith reasonable efforts to obtain such approval, including filing application plans, specifications, and studies that provide sufficient information and details to enable the city of Los Angeles to evaluate implementing the mitigation measure. 54. MM4.16-7 At the intersection ofWalgrove Avenue and Rose Avenue, the westbound approach to shall be converted from a shared left/through/right lane to a shared through/left-turn lane and one right-turn lane. If public ROW is needed to accommodate a right-turn lane on the westbound approach, the relocation of D -19
street lights, signage, and utilities along the westbound approach and the removal of two parking spaces is required. Implementation of this improvement would require LADOT approval. Developer shall use its good faith reasonable efforts to obtain such approval, including filing application plans, specifications, and studies that provide sufficient information and details to enable the city of Los Angeles to evaluate implementing the mitigation measure. 55. MM4.16-8 At the intersection of Centinela Avenue and Venice Boulevard, signal phasing operations shall be modified by convetting both the eastbound and the westbound left-turn phases from exclusively protected left-turn phasing to protected-permissive left-turn phasing. The eastbound left-turn and the westbound left-turn signals shall act simultaneously to avoid driver confusion. Implementation of this improvement would require LADOT approval. Developer shall use its good faith reasonable efforts to obtain such approval, including filing application plans, specifications, and studies that provide sufficient information and details to enable the city of Los Angeles to evaluate implementing the mitigation measure. 56. MM4.16-9 At the intersection Barrington Avenue and Olympic Boulevard, the left-turn phasing for the eastbound leg shall be modified from a permitted phase to a protected-permitted phase. LADOT shall monitor the operation of this intersection and adjust the signal timing and phasing as appropriate. The provision of a combination of new signage, controller cabinets, poles, mast arms, detectors, and/or signal heads shall be required. Implementation of this improvement would require LADOT approval. Developer shall use its good faith reasonable efforts to obtain such approval, including filing application plans, specifications, and studies that provide sufficient information and details to enable the city of Los Angeles to evaluate implementing the mitigation measure. 57. MM4.16-10 At the intersection of Federal Avenue and Wilshire Boulevard, a northbound right-turn overlap shall be installed and the shared through/left-turn lane on the southbound approach on Federal Avenue shall be configured to an exclusive left-turn lane. The provision of a combination of new signage, controller cabinets, poles, mast arms, detectors, and/or signal heads shall be required. Implementation of this improvement would require LADOT approval. Developer shall use its good faith reasonable efforts to obtain such approval, including filing application plans, specifications, and studies that provide sufficient information and details to enable the city of Los Angeles to evaluate implementing the mitigation measure. 58. MM4.16-ll In accordance with the L.A. CEQA Thresholds Guide and in consultation with LADOT, one of the following traffic calming measures shall be installed on Idaho Avenue east ofCentinela Avenue and a Neighborhood Traffic Management Program shall be prepared. • Speed humps • Signalized mid-block pedestrian crosswalks D-20
• Traffic signal timing modifications • Additional stop signs • Speed limit reductions • Diverters or semi-diverters 0 Cul-de-sac or street closure • Chokers or narrowing of street widths • Turn restrictions 59. MM4.17-1 Prior to issuance of a Precise Grading or Building Permit for each phase of the project, a hydraulic water capacity analysis is required to determine the water improvements necessary to adequately protect the property per the Fire Department requirements. The developer shall be required to upgrade/improve the City's water system to meet the water demands to the property and/or othetwise mitigate the impacts of the project at no cost to the City. The developer shall coordinate this effort with the Public Works and Fire Departments and shall be responsible to pay the City for all related fees required to perform the analysis. 60. MM4.17-2 Prior to issuance of a Precise Grading or Building Permit for each phase of the project, the Applicant shall prepare a sewer analysis and submit it to the Department of Public Works for review and approval. The analysis shall specifically identify constraints and system deficiencies, including requirements for new connections or upgrades to existing stubout connections, associated with development of the proposed project. The project applicant shall pay all applicable impact fees for wastewater and other utilities as established by the City. D-21
SECTION B -CONDITIONS OF APPROVAL Project Specific Conditions I. The Project shall provide the Significant Project Features and LUCE Community Benefits as established in Section 2.6 and 2.7 of this Agreement, which are expressly incorporated herein by reference. 2. In its design review of the project, the Architectural Review Board shall pay particular attention to the following: a. The perceived mass of the North Elevation of Building 5 and the length of the interior corridors; b. Ground floor pedestrian orientation of Building 5 in order to address issues of solar access and natural air in the exterior common areas; c. Access to natural daylight and ventilation for the ground floor residential units facing the interior courtyard of Building 5; d. The design of the Eastern Elevation and ground floor open space of Building 5 to fulfill its role as a focal point in the Bergamot Area Plan as a transition point between the Mixed Use Creative District and Bergamot Transit Village; e. The hierarchy, location, and orientation of ground floor open spaces in relation to the adjacent ground floor building spaces; f. The placement of trees and landscaping on the property so that raised planters are avoided in favor of design strategies such as benning combined with landscape design elements. g. Where raised planters are used, treatment to ensure their integration into the streets and open space. h. The ability of trees to survive on top of a parking garage. i. The pedestrian orientation and activation of the ground floor of Building I particularly on the North and West sides of the Building and their relationship to the rest of the Project. j. The flatness of the North and West Elevations of Building I. k. Design solutions to address urban runoff mitigation requirements of the project. I. The use of building typologies, building form and materials to achieve the objectives for physical innovation in building design as outlined in the Bergamot Area Plan. m. Activation of the pebble building at the corner of Olympic and 26th n. Minimizing the institutional look of Building 3 in order to achieve greater architectural interest and texture present in other residential buildings. 3. Trees planted within the easements identified in Exhibits P-1, P-2, P-3, P-4, and P-5 shall be flush with the sidewalk and be planted in a manner that ensures their long-term survival. D -22
CITY PLANNING Administrative Conditions 4. In the event any Developer violates or fails to comply with any conditions of approval of with respect to the Building being constructed by such Developer, no further permits, licenses, approvals or certificates of occupancy shall be issued with respect to such Building until such violation has been fully remedied. Conformance with Approved Plans 5. This approval is for those plans dated January 8, 2014, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. 6. Minor modifications to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to review as provided in the Development Agreement. Construction shall be in conformance with the plans submitted or as modified in accordance with the Development Agreement. 7. Except as otherwise provided by the Development Agreement, project plans shall be subject to complete Code Compliance review when the plans for the applicable Building are submitted for plan check and shall comply with all applicable provisions of Article IX of the Municipal Code and all other pertinent ordinances and General Plan policies of the City of Santa Monica prior to building permit issuance. Cultural Resources The Property and the improvements currently located thereon were evaluated by the City's historic resources consultant and thoroughly reviewed by the City's Landmarks Commission in 2009 over the course of three public hearings and, at the conclusion of this review, the Landmarks Commission determined not to file an application to designate the Property a Landmark. The Property and such improvements were also studied as a part of the DEIR and determined not to be a significant historic resource. Therefore, no application to demolish any of the improvements currently on the Property shall be subject to further review by the City's Landmarks Commission prior to the Outside Building Permit Issuance Date, as it may be extended pursuant to this Agreement. 8. If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall be contacted to conduct a survey of the affected area at the applicable Developer's expense. A determination shall then be made by the Director of Planning to D-23
determine the significance of the survey findings and appropriate actions and requirements, if any, to address such findings. Project Operations 9. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions. 10. The project shall at all times comply with the provisions of the Noise Ordinance (SMMC Chapter 4.12 or any successor thereto). Final Design 11. Plans for final design, landscaping, screening, trash enclosures and signage shall be subject to review and approval by the Architectural Review Board as provided in Article 6 of this Agreement. ' 12. Landscape and irrigation plans for any Parcel shall be submitted to the ARB as a part of the application for ARB approval of the Building proposed to be developed on that ParceL Such landscaping plans shall comply with the Bergamot Area Plan's landscape design guidelines and standards. , No Building may be occupied until all required landscaping has been installed. All landscaped areas shall comply with the requirements of SMMC Section 8.108 or any successor thereto. All landscaped areas shall be permanently maintained and kept free of weed, debris, and litter. All plant materials shall be maintained in a healthy growing condition and diseased or dead plant materials shall be replaced, in kind, pursuant to the approved plans within thirty days. Alternatively, diseased or dead plant materials may be replaced with plant materials that have lower water needs, as rated in the current edition of the Water Use Classification of Landscape Species published by the California Department of Water Resources, or equivalent documentation. 13. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Section 9.04.10.02.130, 140, and !50 or any successor thereto. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particular attention to the screening of such areas and equipment. Any rooftop mechanical equipment shall be minimized in height and area, and shall be located in such a way as to minimize noise and visual impacts to surrounding properties. Except for solar hot water heaters, no residential water heaters shall be located on the roof. 14. No gas or electric meters shall be located within the required front or street side yard setback areas. The Architectural Review Board in its review shall pay particular attention to the location and screening of such meters, D-24
15. Prior to consideration of any Building by the Architectural Review Board, the applicable Developer shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the Building design to achieve compliance with such requirements. The Architectural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements. 16. As appropriate, the Architectural Review Board shall require the use of anti-graffiti materials on surfaces likely to attract graffiti. Construction Plan Requirements 17. Final plans for any Building submitted for approval of a building permit shall include on the plans a list of all permanent mechanical equipment to be placed indoors which may be heard outdoors. Demolition Requirements 18. Until such time as the demolition is undertaken, and unless the structure is currently in use, the existing structure and the surrounding land shall be maintained in its current condition and secured by erecting a security fence, and removing all debris that inhibit easy surveillance of the Property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscaping material remaining shall be watered and maintained until demolition occurs. 19. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to insure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood. Construction Period 21. Any construction related activity in the public right-of-way will be required to acquire the approvals by the City of Santa Monica, including but not limited to: Use of Public Property Permits, Sewer Permits, Excavation Permits, Alley Closure Permits, Street Closure Permits, and Temporary Traffic Control Plans. 22. Immediately after demolition and during construction, a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc. 23. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. Immediately after commencing dirt removal from the site, the general contractor D-25
shall provide the City of Santa Monica with written certification that all trucks leaving the site are covered in accordance with this condition of approval. 24. During demolition, excavation, 'and construction, this project shall comply with SCAQMD Rule 403 to minimize fugitive dust. and associated particulate emission, including but not limited to the following: a. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least three times daily with complete coverage, preferably at the start of the day, in the late morning, and after work is done for the day. b. All grading, earth moving, or excavation activities shall cease during periods of high winds (i.e., greater than 20 mph measured as instantaneous wind gusts) so as to prevent excessive amounts of dust. c. Soils stockpiles shall be covered. d. Onsite vehicle speeds shall be limited to 15 mph. e. Wheel washers shall be installed where vehicles enter and exit the construction site onto paved roads or wash off trucks and any equipment leaving the site each trip. , f. An appointed construction relations officer shall act as a community liaison concerning onsite construction activity including resolution of issues related to PM! 0 generation. g. Streets shall be swept at the end of the day using SCAQMD Rule 1186 certified street sweepers or roadway washing trucks if visible soil is carried onto adjacent public paved roads (recommend water sweepers with reclaimed water). h. All active portions the construction site shall be sufficiently watered three times a day to prevent excessive amounts of dust. 26. Developer shall prepare a notice, subject to the review by the Director of Planning and Community Development, that lists all construction mitigation requirements, permitted hours of construction, and identifies a contact person at City Hall as well as the developer who will respond to complaints related to the proposed construction, The notice shall be mailed to propet1y owners and residents of the neighborhood within 1000 feet of the Project at least five (5) days prior to the start of construction. 27. A sign shall be posted on the property in a manner consistent with the public hearing sign requirements which shall identifY the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work. 28. A copy of these conditions shall be posted in an easily visible and accessible location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy. D-26
29. No construction-related vehicles may be parked on the street at any time or on the subject site during periods of peak parking demand. All construction-related vehicles must be parked for storage purposes at on offsite location on a private lot for the duration of demolition and construction. The offsite location shall be approved as part of the Department of Public Works review of the construction period mitigation plan and by the Department of City Planning if a Temporary Use Permit is required. 30. Construction period signage shall be subject to the approval of the Architectural Review Board. Standard Conditions 31. Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot, unless othetwise permitted by applicable regulations. Roof locations may be used when the mechanical equipment is installed within a sound-rated parapet enclosure. 32. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC Section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. A copy of the noise test results on mechanical equipment shall be submitted to the Community Noise Officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone. 33. The owner of each Parcel shall insure that any graffiti on the site is promptly removed through compliance with the City's graffiti removal program. Condition Monitoring 34. Each Developer authorizes reasonable City inspections of the Parcel owned by such Developer to ensure compliance with the conditions of approval imposed by the City in approving the Project and will bear the reasonable cost of these inspections. STRATEGIC AND TRANSPORTATION PLANNING 35. Final auto parking, bicycle parking and loading layouts specifications shall be subject to the review and approval of the Strategic and Transportation Planning Division: http://www.smgov.net/uploadedFiles/Departments/Transportation/Transportation Management/ParkingStandards.pdf 36. Where a driveway, garage, parking space or loading zone intersects with the public right-of-way at the alley or sidewalk, hazardous visual obstruction triangles shall be provided in accordance with SMMC Section 9.04.10.02.090 or any successor thereto. Please reference the following standards: D -27
http://www .sm gov .net/up loadedF i les/Departments/Transportation/Transportati on Management/HVO.pdf 37. Slopes of all driveways and ramps used for ingress or egress of parking facilities shall be designed in accordance with the standards established by the Strategic and Transportation Planning Manager but shall not exceed a twenty percent slope. Please reference the following standards: http://www.smgov.net/uploadedFiles/Departments/Transportation/Transportation Management/RampS lope. pdf BIG BLUE BUS 38. The applicable Developer shall notifY, or cause to be notified, all tenants (residential and/or commercial) in such Developer's portion of the Project in writing as part of their lease or rental agreement that new bus stops or bus layover zones may be established on these streets for regular use by either the Big Blue Bus or other fixed route or specialized transit operators. On-street parking may be removed at any time to create a bus zone in an appropriate location for safe vehicular movement and passenger safety regardless of business or residential adjacency. Developer, or Developer's successor in interest, shall be responsible for ensuring this obligation is satisfied. 38. Structures that include spaces specifically intended for seniors and/or persons with disabilities should include an appropriate space for the boarding and alighting of this population into specialty vehicles in a safe location such that the stopped vehicle will not interfere with traffic flow. PUBLIC LANDSCAPE 39. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Urban Forest Master Plan, per the specifications of the Public Landscape Division and the City's Tree Code (SMMC Chapter 7.40 or any successor thereto). No street trees shall be removed without the approval of the Public Landscape Division. 40. Prior to the issuance of a demolition permit all street trees that are adjacent to or will be impacted by the demolition or construction access shall have tree protection zones established in accordance with the Urban Forest Master Plan. All tree protection zones shall remain in place until demolition and/or construction has been completed. 41. Street trees shall be replaced or planted in accordance with the City's Urban Forest Master Plan and in consultation with City Arborist. OFFICE OF SUSTAINABILITY AND THE ENVIRONMENT 42. The applicable Developer shall enroll such Developer's portion of the Project in the Savings By Design incentive program where available through Southern D -28
California Edison prior to submittal of plans for Architectural Review and shall execute an incentive agreement with Southern California Edison prior to the issuance of a building permit. 43. The Project shall comply with requirements in section 8.106 of the Santa Monica Municipal code, which adopts by reference the California Green Building Standards Code and which adds local amendments to that Code. In addition, the project shall meet the landscape water conservation and construction and demolition waste diversion requirements specified in Section 8.108 of the Santa Monica Municipal Code. PUBLIC WORKS General Conditions 44. Each Developer shall be responsible for the payment of its share of the following Public Works Department (PWD) permit fees prior to issuance of a building petmit for such Developer's Building: a. Water Services b. Wastewater Capital Facility c. Water Demand Mitigation d. Fire Service Connection e. Tieback Encroachment f. Encroachment of on-site improvements into public right-of-way g. Construction and Demolition Waste Management -If the valuation of a project is at least $50,000 or if the total square feet of the project is equal to or greater than 1000 square feet, then the owner or contractor is required to complete and submit a Waste Management Plan. All demolition projects are required to submit a Waste Management Plan. A performance deposit is collected for all Waste Management Plans equal to 3% of the project value, not to exceed $30,000. All demolition only permits require a $1,000 deposit or $1.00 per square foot, whichever is the greater of the two. Some of these fees shall be reimbursed to such Developer in accordance with the City's standard practice should such Developer not proceed with development of its Building. In order to receive a refund of the Construction and Demolition performance deposit, the owner or contractor must provide receipts of recycling 70% of all materials listed on the Waste Management Plan. 45. Any work or use of the public right-of-way including any proposed encroachments of on-site improvements into the public right-of-way, will require a permit from the Public Works Department (PWD)-Administrative Services D-29
Division. 46. Plans and specifications for all offsite improvements shall be prepared by a Registered Civil Engineer licensed in the State of California for approval by the City Engineer prior to issuance of a building permit. 4 7. Immediately after demolition and during construction, a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot or pmtion thereof which is then under construction. The lot shall be kept clear of all trash, weeds, etc. 48. A sign shall be posted on the property in a manner consistent with the public hearing sign requirements, which shall identifY the address and phone number of the owner, developer and contractor for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work. 49. Prior to the demolition of any existing structure, the applicant shall submit a report from an industrial hygienist to be reviewed and approved as to content and form by the Building & Safety Division. The report shall consist of a hazardous materials survey for the structure proposed for demolition. The report shall include a section on asbestos and in accordance with the South Coast AQMD Rule 1403, the asbestos survey shall be performed by a state Certified Asbestos Consultant (CAC). The report shall include a section on lead, which shall be performed by a state Certified Lead Inspector/ Assessor. Additional hazardous materials to be considered by the industrial hygienist shall include: mercury (in thermostats, switches, fluorescent light), polychlorinated biphenyls (PCBs) (including light Ballast), and fuels, pesticides, and batteries. Water Resources 50. Connections to the sewer or storm drains require a sewer permit from the PWD-Civil Engineering Division. Connections to storm drains owned by Los Angeles County require a permit from the L.A. County Department of Public Works. 51. Parking areas and structures and other facilities generating wastewater with potential oil and grease content are required to pretreat the wastewater before discharging to the City storm drain or sewer system. Pretreatment will require that a clarifier or oil/water separator be installed and maintained on site. 52. If the project involves dewatering, developer/contractor shall contact the LA Regional Water Quality Control Board (RWQCB) to obtain an NPDES Permit for discharge of groundwater from construction dewatering to surface water. For more information refer to: http://www.waterboards.ca.gov/losangeles/ and search for Order# R4-2003-0lll. D-30
53. Prior to the issuance of the first building permit, the applicant shall submit a sewer study that shows that the City's sewer system can accommodate the entire development. Developer shall be responsiqle to upgrade any downstream deficiencies, to the satisfaction of the Water Resources Manager, if calculations show that the project will cause such mains to receive greater demand than can be accommodated. Improvement plans shall be submitted to the Engineering Division. All reports and plans shall also be approved by the Water Resources Engineer. 54. Prior to the issuance of the first building permit, the applicant shall submit a water study that shows that the City's water system can accommodate the entire development for fire flows and all potable needs. Developer shall be responsible to upgrade any water flow/pressure deficiencies, to the satisfaction of the Water Resources Manager, if calculations show that the project will cause such mains to receive greater demand than can be accommodated. Improvement plans shall be submitted to the Engineering Division. All reports and plans shall also be approved by the Water Resources Engineer. 55. Prior to the issuance of the first building permit, the applicant shall submit a hydrology study of all drainage to and from the site to demonstrate adequacy of the existing storm drain system for the entire development. Developer shall be responsible to upgrade any system deficiencies, to the satisfaction of City Engineer, if calculations show that the project will cause such facilities to receive greater demand than can be accommodated. All reports and improvement plans shall be submitted to Engineering Division for review and approval. The study shall be performed by a Registered Civil Engineer licensed in the State of California. 56. Developer shall not directly connect to a public storm drain pipe or direct site drainage to the public alley. 57. All existing sanitary sewer "house connections" to be abandoned, shall be removed and capped at the "Y" connections. 58. The fire services and domestic services 3-inches or greater must be above ground, on the applicant's site, readily accessible for testing. Commercial or residential units are required to either have an individual water meter or a master meter with sub-meters. 59. Developers are required to meet state cross-connection and potable water sanitation guidelines. Refer to requirements and comply with the cross-connections guidelines available at: http://www.lapublichealth.org/eh/progs/encirp/ehcross.htm. Prior to issuance of a Certificate of Occupancy for any Building, a cross-connection inspection shall be completed. 60. All new restaurants and cooking facilities at the site are required to install Gravity Grease Interceptors to pretreat wastewater containing grease. The minimum capacity of the interceptor shall be determined by using table 10-3 of the 2007 D-31
Uniform Plumbing Code, Section 1014.3. All units shall be fitted with a standard final-stage sample box. The 2007 Uniform Plumbing Code guideline in sizing Gravity Grease Interceptors is intended as a minimum requirement and may be increased at the discretion ofPWD, Water Resources Protection Program. 61. Plumbing fixtures that meet the standards for 20% water use reduction specified in the California Green Building Standards Code are required on all new development and remodeling where plumbing is to be added Urban Water Runoff Mitigation 62. To mitigate storm water and surface runoff from the project site, an Urban Runoff Mitigation Plan shall be required by the PWD pursuant to SMMC Chapter 7.10 or any successor thereto. Prior to submittal of landscape plans for Architectural Review Board approval, Developer shall contact PWD to determine applicable requirements, such as: a. The site must comply with SMMC Chapter 7.10 Urban Runoff Pollution Ordinance, or any successor thereto, for the construction phase and post construction activities; b. Non-stormwater runoff, sediment and construction waste from the constmction site and parking areas is prohibited from leaving the site; c. Any sediments or materials which are tracked off-site must be removed the same day they are tracked off-site; d. Excavated soil must be located on the site and soil piles should be covered and otherwise protected so that sediments are not tracked into the street or adjoining properties; e. No mnoff from the construction site shall be allowed to leave the site; and f. Drainage control measures shall be required depending on the extent of grading and topography of the site. g. Development sites that result in land disturbance of one acre or more are required by the State Water Resources Control Board (SWRCB) to submit a Storm Water Pollution Prevention Plan (SWPPP). Effective September 2, 2011, only individuals who have been certified by the Board as a "Qualified SWPPP Developer" are qualified to develop and/or revise SWPPPs. A copy of the SWPPP shall also be submitted to the PWD. 63. Prior to implementing any temporary construction dewatering or permanent groundwater seepage pumping, a permit is required from the City Water Resources Protection Program (WRPP). Please contact the WRPP for permit requirements at least two weeks in advance of planned dewatering or seepage pumping. They can be reached at (310) 458-8235. D-32
Public Streets & Right-of-Way 64. Prior to the issuance of a Certificate of Occupancy for the applicable portion of the Project, all required offsite improvements, such as AC pavement rehabilitation, replacement of sidewalk, curbs and gutters, installation of street trees, lighting, etc. shall be designed and installed to the satisfaction of the Public Works Department and Public Landscape Division. 65. Unless otherwise approved by the PWD, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 66. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as determined by the PWD shall be reconstructed to the satisfaction of the PWD. Design materials and workmanship shall match the adjacent elements including architectural concrete, pavers, tree wells, art elements, special landscaping. etc. 67. Street and alley sections adjacent to the development shall be replaced as determined by the PWD. This typically requires full reconstruction of the street or alley in accordance with City of Santa Monica standards for the full adjacent length of the property. 68. Developer shall dedicate the New Western Street in accordance with Section 2.7.2(e) of this Agreement and all improvements made thereto, which shall provide for new pedestrian sidewalks, bicycle lanes, parkways and vehicular access, all as may be specified by the City; and serve as utility corridors across the Property (the "New Western Street Utility Corridor") for the placement of public utility facilities that the City determines, from time to time, should be located in the New Western Street Utility Corridor. The New Western Street Utility Corridor in such dedication shall contain the following limitations: a. Any dry utilities (including without limitation electricity and telephone or data) shall be located within an area that is no deeper than will leave at least eight feet six inches (8' 6") clear height within each level of the subterranean parking garage. Any of clearance within the parking and drive aisle in the parking garage and up to twenty-five (25) feet wide, in a location to be reasonably determined by such Developer that will allow the minimum height clearances to be maintained in the parking garage and that will avoid the mechanical and other system facilities installed by such Developer in the subterranean parking structure that serves the Project. 69. Developer shall dedicate the New Eastem Street in accordance with Section 2.7.2(e) of this Agreement and all improvements made thereto, which shall provide for new pedestrian sidewalks, bicycle lanes, parkways and vehicular access, all as may be specified by the City; and serve as utility corridors across the Property (the "New Eastern Street Utility Corridor") for the placement of public utility facilities that the City determines, from time to time, should be D-33
located in the Eastern Street Utility Corridor. The New Eastern Street Utility Corridor in such dedication shall contain the following limitations: a. Any dry utilities (including without limitation electricity and telephone or data) shall be located within an area that is no deeper than will leave at least eight feet six inches (8' 6") clear height within each level of the subterranean parking garage. Any of clearance within the parking and drive aisle in the parking garage and up to twenty-five (25) feet wide, in a location to be reasonably determined by such Developer that will allow the minimum height clearances to be maintained in the parking garage and that will avoid the mechanical and other system facilities installed by such Developer in the subtenanean parking structure that serves the Project. 70. Developer shall dedicate the Nebraska ·Avenue Extension in accordance with Section 2.7.2(e) of this Agreement and all improvements made thereto, which shall provide for new pedestrian sidewalks, bicycle lanes, parkways and vehicular access, all as may be specified by the City; and serve as utility corridors across the Property (the "Nebraska Avenue Utility Corridor") for the placement of public utility facilities that the City determines, from time to time, should be located in the Nebraska Avenue Utility Corridor. The Nebraska Avenue Utility Conidor in such dedication shall contain the following limitations: a. Any dry utilities (including without limitation electricity and telephone or data) shall be located within an area that is no deeper than will leave at least eight feet six inches (8' 6") clear height within each level of the subterranean parking garage. Any of clearance within the parking and drive aisle in the parking garage and up to twenty-five (25) feet wide, in a location to be reasonably determined by such Developer that will allow the minimum height clearances to be maintained in the parking garage and that will avoid the mechanical and other system facilities installed by such Developer in the subterranean parking structure that serves the Project. Utilities 71. No Excavation Permit shall be issued without a Telecommunications Investigation by the City of Santa Monica Information Systems Department. The telecommunications investigation shall provide a list of recommendations to be incorporated into tbe project design including, but not limited to measures associated with joint trench opportunities, location of tie-back and other underground installations, telecommunications conduit size and specifications, fiber optic cable specifications, telecommunications vault size and placement and specifications, interior riser conduit and fiber optic cable, and adjacent public right of way enhancements. Developer shall install two Telecommunications Vaults in either the street, alley and/or sidewalk locations dedicated solely for City of Santa Monica use. Developer shall provide two unique, telecommunication conduit routes and fiber optic cables from building Telecommunications Room to Telecommunications Vaults in street, alley and/or D-34
sidewalk. Developer will be responsible for paying for the connection of each Telecommunications Vault to the existing City of Santa Monica fiber optic network, or the extension of conduit and fiber optic cable for a maximum of lkm terminating in a new Telecommunications Vault for future interconnection with City network. Prior to issuance of a building permit, the final telecommunications design plans for the project site shall be submitted to and approved by the City of Santa Monica Information Systems Department. a. Project shall comply with City of Santa Monica Telecommunications Guidelines b. Project shall comply with City of Santa Monica Right-of-Way Management Ordinance No. 2129CCS, Section 3 (part), adopted 7/13/04 72. Prior to issuance of a Certificate of Occupancy for any Building, provide new street-pedestrian lighting with a multiple circuit system along the any new street right-of-way adjacent to such Building and within the Parcel on which such Building is to be located in compliance with the PWD Standards and requirements. New street-pedestrian light poles, fixtures and appurtenances shall meet City standards and requirements. 73. Prior to Certificate of Occupancy for any Building, construct a multiple street light circuit with fixtures along the Project's frontage on Olympic Boulevard. 74. Participate in conversion of existing street light system with high voltage series circuit to multiple circuit system on Stewart Street. Developer shall be responsible for only a portion of design and construction costs proportionate to development frontage on Stewart Street. 75. Prior to submittal of plan check application, make arrangements with all affected utility companies and indicate points of connection for all services on the site plan drawing. Pay for undergrounding of all overhead utilities within and along the development frontages. Existing and proposed overhead utilities need to be relocated underground. 76. Location of Southern California Edison electrical transformer and switch equipment/structures must be clearly shown on the development site plan and other appropriate plans within the project limits. The SCE structures serving the proposed development shall not be located in the public right-of-way except for any portion of the new streets to be added that are on the Property. Resource Recovery and Recycling 77. Development plans must show the refuse and recycling (RR) area dimensions to demonstrate adequate and easily accessible area. If the RR area is completely enclosed, then lighting, ventilation and floor drain connected to sewer will be required. Section 9.04.10.02.151 ofthe SMMC has dimensional requirements for various sizes and types of projects. Developments that place the RR area in subterranean garages must also provide a bin staging area on their property for the D-35
bins to be placed for collection. 78. Contact the Resource Recovery and Recycling (RRR) division to obtain dimensions of the refuse recycling enclosure. 79. Prior to issuance of any building permit, submit a Waste Management Plan, a map of the enclosure and staging area with dimensions and a recycling plan to the RRR Division for its approval. The State of California AB 341 requires any multi-. family building housing 5 units or more to have a recycling program in place for its tenants. All commercial businesses generating 4 cubic yards of trash per week must also have a recycling program in place for its employees and clients/customers. Show compliance with these requirements on the building plans. Visit the Resource Recovery and Recycling (RRR) website or contact the RRR Division for requirements ofthe Waste Management Plan and to obtain the minimum dimensions of the refuse recycling enclosure. The recycling plan shall include: a. List of materials such as white paper, computer paper, metal cans, and glass to be recycled; b. Location of recycling bins; c. Designated recycling coordinator; d. Nature and extent of internal and external pick-up service; e. Pick-up schedule; and f. Plan to inform tenants/ occupants of service. Construction Period Mitigation 80. A construction period mitigation plan shall be prepared by the applicant for approval by the PWD prior to issuance of a building permit. The approved mitigation plan shall be posted on the site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall: a. SpecifY the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; b. Describe how demolition of any existing structures is to be accomplished; c. Indicate where any cranes are to be located for erection/construction; d. Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction; e. Set forth the extent and nature of any pile-driving operations; f. Describe the length and number of any tiebacks which must extend under the public right-of-way and other private properties; D-36
g. SpecifY the nature and extent of any dewatering and its effect on any adjacent buildings; h. Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location; i. SpecifY the nature and extent of any helicopter hauling; j. State whether any construction activity beyond normally permitted hours is proposed; k. Describe any proposed construction noise mitigation measures, including measures to limit the duration of idling construction trucks; l. Describe construction-period security measures including any fencing, lighting, and security personnel; m. Provide a grading and drainage plan; n. Provide a construction-period parking plan which shall minimize use of public streets for parking; o. List a designated on-site construction manager; p. Provide a construction materials recycling plan which seeks to maximize the reuse/recycling of construction waste; q. Provide a plan regarding use of recycled and low-environmental-impact materials in building construction; and r. Provide a construction period urban runoff control plan. Air Quality 81. Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site through implementation of the following measures recommended by the SCAQMD Rule 403 Handbook: • During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to the extent necessary to prevent dust from leaving the site and to create a crust after each day's activities cease. • Vehicles hauling diit or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. Immediately after commenciug dirt removal from the site, the general contractor shall provide the City with written certification that all trucks leaving the site are covered in accordance with this condition of approval. • During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, streets and sidewalks within 150 feet of the site D-37
perimeter shall be swept and cleaned a minimum of twice weekly or as frequently as required by the PWD. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. • Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. 82. Construction equipment used on the site shall meet the following conditions in order to minimize NOx and ROC emissions: • Diesel-powered equipment such as booster pumps or generators should be replaced by electric equipment to the extent feasible; and • The operation of heavy-duty construction equipment shall be limited to no more than 5 pieces of equipment at one time. Noise Attenuation 83. All diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers. 84. Electrical power shall be used to run air compressors and similar power tools. 85. For all noise-generating activity on the project site associated with the installation of new facilities, additional noise attenuation techniques shall be employed to reduce noise levels to City of Santa Monica noise standards. Such techniques may include, but are not limited to, the use of sound blankets on noise generating equipment and the construction of temporary sound barriers between construction sites and nearby sensitive receptors. Miscellaneous 86. For temporary excavation and shoring that includes tiebacks into the public right-of-way, a Tieback Agreement, prepared by the City Attorney, will be required excepting any public right of way which exists only as a result of this Agreement. D-38
General Requirements The following comments are to be included on plans if applicable. Requirements are based on the California Fire Code (CFC), the Santa Monica Municipal Code (SMMC) and the California Building Code (CBC). California Fire Code/ Santa Monica Fire Department Requirements 87. A fire apparatus access road shall be provided to within 150 feet of all exterior walls of the first floor of the building. The route of the fire apparatus access road shall be approved by the fire department. The 150 feet is measured by means of an unobstructed route around the exterior of the building. 88. Apparatus access roads shall have a minimum unobstructed width of20 feet. A minimum vettical clearance of 13 feet 6 inches shall be provided for the apparatus access roads. 89. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved means for turning around the apparatus. 90. A "Knox" key storage box shall be provided for ALL new construction. For buildings, other than high-rise, a minimum of 3 complete sets of keys shall be provided. Keys shall be provided for all exterior entry doors, fire protection equipment control equipment rooms, mechanical and electrical rooms, elevator controls and equipment spaces, etc. For high-rise buildings, 6 complete sets are required. 91. Santa Monica Municipal Code Chapter 8 section 8.44.050 requires an approved automatic fire sprinkler system in all new construction and certain remodels or additions. Any building that does not have a designated occupant and use at the time fire sprinkler plans are submitted for approval, the system shall be designed and installed to deliver a minimum density of not less than that required for ordinary hazard, Group 2, with a minimum design area of not less than three thousand square feet. Plans and specifications for fire sprinkler systems shall be submitted and approved prior to system installation. 92. Buildings four or more stories in height shall be provided with not less than one standpipe during construction. 93. The standpipe(s) shall be installed before the progress of construction is more than 35-feet above grade. Two-and-one-half-inch valve hose connections shall be provided at approved, accessible locations adjacent to useable stairs. Temporary standpipes shall be capable of delivering a minimum demand of 500 gpm at 1 00-psi residual pressure. Pumping equipment shall be capable of providing the required pressure and volume. D-39
94. Provide Multipurpose Dry Chemical type fire extinguishers with a minimum rating of2A-IOB:C. Extinguishers shall be located on every floor or level. Maximum travel distance from any point in space or building shall not exceed 75 feet. Extinguishers shall be mounted on wall or installed in cabinet no higher than 4 ft. above finished floor and plainly visible and readily accessible or signage shall be provided. 95. An automatic fire extinguishing system complying with UL 300 shall be provided to protect commercial-type cooking or heating equipment that produces grease-laden vapors. A separate plan submittal is required for the installation of the system and shall be in accordance with UFC Article I 0, NFP A 17 A and NFP A 96. Provide a Class "K" type portable fire extinguisher within 30 feet the kitchen appliances emitting grease-laden vapors. 96. Every building and/or business suite is required to post address numbers that are visible from the street and alley. Address numbers shall be a minimum of six (6) inches in height and contrast with their background. Suite or room numbers shall be a minimum of four ( 4) inches in height and contrast with their background. Santa Monica Municipal Code Chapter 8 Section 8.48.130 (I) (I) 97. When more than one exit is required they shall be arranged so that it is possible to go in either direction to a separate exit, except deadends not exceeding 20 feet, and 50 feet in fully sprinklered buildings. 98. Exit and directional signs shall be installed at every required exit doorway, intersection of corridors, exit stairways and at other such locations and intervals as necessary to clearly indicate the direction of egress. This occupancy/use requires the installation of approved floor level exit pathway marking. Exit doors shall be openable from the inside without the use of a key, special effort or knowledge. 99. Show ALL door hardware intended for installation on Exit doors. I 00. In buildings two stories or more in height an approved floor plan providing emergency procedure information shall be posted at the entrance to each stairway, in every elevator lobby, and immediately inside all entrances to the building. The information shall be posted so that it describes the represented floor and can be easily seen upon entering the floor level or the building. Required information shall meet the minimum standards established in the Santa Monica Fire Department, Fire Prevention Division, information sheet entitled "Evacuation Floor Plan Signs." (California Code of Regulations Title 19 Section 3.09) 101. Stairway Identification shall be in compliance with CBC 1022.8 102. Floor-level exit signs are required in Group A, E, I, R-1, R-2 and R-4 occupancies. I 03. In buildings two stories in height at least one elevator shall conform to the D -40
California Buildings Code Chapter 30 section 3003.5a for General Stretcher Requirements for medical emergency use. a. The elevator entrance shall not be less than 42 inches wide by 72 inches high. b. The elevator car shall have a minimum clear distance between walls excluding return panels of not less than 80 inches by 54 inches. c. Medical emergency elevators shall be identified by the international symbol (star of life) for emergency elevator use. The symbol shall be not less than 3-inches in size. I 04. Storage, dispensing or use of any flammable or combustible liquids, flammable compressed gases or other hazardous materials shall comply with the Uniform Fire Code. The Santa Monica Fire Department prior to any materials being stored or used on site shall approve the storage and use of any hazardous materials. Complete and submit a "Consolidated Permit Application Package." Copies may be obtained by calling (310) 458-8915. 105. Alarm-initiating devices, alarm-notification devices and other fire alarm system components shall be designed and installed in accordance with the appropriate standards of Chapter 35 of the Building Code, and the National Fire Alarm Code NFPA 72. The fire alarm system shall include visual notification appliances for warning the hearing impaired. Approved visual appliances shall be installed in ALL rooms except private (individual) offices, closets, etc I 06. An approved fire alarm system shall be installed as follows: 107. Group A Occupancies with an occupant load of 1,000 or more shall be provided with a manual fire alarm system and an approved prerecorded message announcement using an approved voice communication system. Emergency power shall be provided for the voice communication system. 108. GroupE Occupancies having occupant loads of 50 or more shall be provided with an approved manual fire alarm system. 109. Group R-1, R-2 Apartment houses containing 16 or more dwelling units, in buildings three or more stories in height R-2.1 and R-4 Occupancies shall be provided with a manual alarm system. Smoke detectors shall be provided in all common areas and interior corridors of required exits. Recreational, laundry, furnace rooms and similar areas shall be provided with heat detectors. 110. Plans and specifications for fire alatm systems shall be submitted and approved prior to system installation D-41
Santa Monica Fire Department-Fire Prevention Policy Number 5-1 Subject: Fire Apparatus Access Road Requirements Scope: This policy identifies the minimum standards for apparatus access roads required by California Fire Code, Section 503. Application 111. Fire apparatus access roads shall comply with the following minimum standards: a. The minimum clear width shall be not less than 20 feet. No parking, stopping or standing of vehicles is permitted in this clear width. b. When fire hydrants or fire department connections to fire sprinkler systems are located on fire apparatus access roads the minimum width shall be 26 feet. This additional width shall extend for 20 feet on each side of the centerline of the fire hydrant or fire department connection. c. The minimum vertical clearance shall be 13 feet, 6 inches. d. The minimum tum radius for all access road turns shall be not less than 39 feet for the inside radius and 45 feet for the outside radius. e. Dead-end access roads in excess of 150 feet in length shall be provided with either a 96 feet diameter "cul-de-sac," 60 foot "Y" or 120-foot "hammerhead" to allow the apparatus to turn. f. The surface shall be designed and maintained to support the imposed loads of at least 75,000-pound and shall be "all-weather." An "all-weather" surface is asphalt, concrete or other approved driving surface capable of supporting the load. 112. Gates installed on fire apparatus access roads shall comply with the following: a. The width of any gate installed on a fire apparatus access road shall be a minimum of20 feet. b. Gates may be of the swinging or sliding type. c. Gates shall be constructed of materials that will allow for manual operation by one person. d. All gate components shall be maintained in an operative condition at all times and shall be repaired or replaced when defective. e. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. The Fire Prevention Division shall approve emergency opening devices. f. Manual opening gates may be locked with a padlock, as long it is accessible to be opened by means of forcible entry tools. g. The Fire Prevention Division shall approve locking device specification. D-42
.,....-28' R TYP' 96' DIAMETER CUL·DE·SAC TYP' --2.6' 120' HAMMERHEAD eo· "Y' 20'--::1. -> 26' 20'--=r <--20' MINIMUM CLEARANCE AROUND AFIRE HYDRANT ACCEPTAaLE ALTERNATIVE TO 120' HAMMERHEAD 113. Fire apparatus access roads shall be marked with permanent NO PARKING-FIRE LANE CVC SECTION 22500.1. Signs shall have a minimum dimension of 12 inches wide and 18 inches high having red letters on a white reflective background. a. Fire apparatus access roads signs and placement shall comply with the following: a. Fire Apparatus access roads 20 to 26 feet wide must be posted on both sides as a fire lane. b. Fire Apparatus access roads 26 to 32 feet wide must be posted on one side as a fire lane. 114. Buildings or facilities exceeding 30 feet in height or more than 3 stories in height shall have at least 2 fire apparatus access roads for each structure. 115. Fire apparatus access roads for commercial and industrial development shall comply with the following: a. Buildings or facilities exceeding 30 feet in height or more than 3 stories in height shall have at least 2 means of fire apparatus access for each structure. D-43
b. Buildings or facilities having a gross floor area of more than 62,000 square feet shall be provided with 2 fire apparatus access roads. c. When two access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the prope1ty or area to be accessed measured in a straight line between access. 116. Aerial apparatus access roads shall comply with the following: a. Buildings or portions of buildings or facilities exceeding 30 feet in height from the lowest point of Fire Department access shall be provided shall be provided with approved apparatus access roads capable of accommodating aerial apparatus. b. Apparatus access roads shall have a minimum width of26 feet in the immediate vicinity of any building or portion of a building more than 30 feet in height. c. At least one of the required access roads meeting this condition shall be located within a minimum of 15 feet and maximum of 3 0 feet from the building and shall be a positioned parallel to one entire side of the building. D -44
117. California Building Code I Santa Monica Fire Department Requirements Occupancy Classification and Division • If a change in occupancy or use, identifY the existing and all proposed new occupancy classifications and uses • Assembly (A-1, A-2, A-3), Business (B), Mercantile (M), Residential (R), etc. • Include all accessory uses Building Height o Height in feet (SMMC defines a High-Rise as any structure greater than 55 feet.) • Number of stories • Detail increase in allowable height • Type I (II-FR.) buildings housing Group B office or Group R, Division 1 Occupancies each having floors used for human occupancy located more than 55 feet above the lowest level of fire depattment vehicle access shall comply with CBC Section 403. a. Automatic sprinkler system. b. Smoke-detection systems. c. Smoke control system conforming to Chapter 9 section 909. d. Fire alarm and communication systems. 1. Emergency voice alarm signaling system. 2. Fire department communication system. e. Central control station. (96 square feet minimum with a minimum dimension of 8' ft) f. {omitted} g. Elevators. h. Standby power and light and emergency systems. i. Exits j. Seismic consideration. D-45
Total Floor Area of Buildings or Project • Basic Allowable Floor Area • Floor Area for each room or area • Detail allowable area increase calculations Corridor Construction • Type of Construction • Detail any and all code exceptions being used Occupant Load Calculations • Occupancy Classification for each room or area. o Occupant Load Calculation for each room or area based on use or occupancy • Total Proposed Occupant Load Means of Egress • Exit width calculations • Exit path of travel • Exit Signage and Pathway Illumination (low level exit signage) Atria-Atria shall comply with CBC Section 404 as follows: • Atria shall not be permitted in buildings containing Group H Occupancies. o Each entire Building shall be sprinklered. • A mechanically operated smoke-control system meeting the requirements of Section 909 and 909.9 shall be installed. · • Smoke detectors shall be installed in accordance with the Fire Code. • Except for open exit balconies within the atrium, the atrium shall be separated from adjacent spaces by one-hour fire-resistive construction. See exceptions to Section 404.6. • When a required exit enters the atrium space, the travel distance from the doorway ofthe tenant space to an enclosed stairway, horizontal exit, exterior door or exit passageway shall not exceed 200 feet. • In other than jails, prisons and reformatories, sleeping rooms of Group I Occupancies shall not have required exits through the atrium. D-46
• Standby power shall be provided for the atrium and tenant space smoke-control system. Sections 404.7 and 909.11. • The interior finish for walls and ceilings of the atrium and all unseparated tenant spaces shall be Class I. Section 404.8. Atriums of a height greater than 20 feet, measured from the ceiling sprinklers, shall only contain furnishings and decorative materials with potential heat of combustion less than 9,000 Btu's per pound. All furnishings to comply with California Bureau of Home Furnishings, Technical Bulletin 133, "Flammability Test for Seating Furniture in Public Occupancies." All furnishings in public areas shall comply with California Bureau of Home Furnishings, Technical Bulletin 133, "Flammability Test for Seating Furniture in Public Occupancies." Los Angeles Countv Fire 118. Fire Flow Requirements I. INTRODUCTION A. Purpose: To provide Department standards for fire flow, hydrant spacing and specifications. B. Scope: Informational to the general public and instructional to all individuals, companies, or corporations involved in the subdivision ofland, construction of buildings, or alterations and/or installation of fire protection water systems and hydrants. C. Author: The Deputy Chief of the Prevention Services Bureau through the Assistant Fire Chief (Fire Marshal) of the Fire Prevention Division is responsible for the origin and maintenance of this regulation. D. Definitions: I. GPM-gallons per minute 2. psi -pounds per square inch 3. Multiple family dwellings -three or more dwelling units attached D -47
II. RESPONSIBILITY A. Land Development Unit 1. The Department's Land Development Unit shall review all subdivisions ofland and apply fire flow and hydrant spacing requirements in accordance with this regulation and the present zoning of the subdivision or allowed land use as approved by the County's Regional Planning Commission or city planning department. B. Fire Prevention Engineering Section 1. The Department's Fire Prevention Engineering Section shall review buildings plans and apply fire flow and hydrant spacing requirements in accordance with this regulation. III. POLICY A. The procedures, standards, and policies contained herein are provided to ensure the adequacy of, and access to, fire protection water and shall be enforced by all Department personnel. {remainder of page is blank} D -48
IV. PROCEDURES A. Land development: fire flow, duration of flow, and hydrant spacing The following requirements apply to land development issues such as: tract and parcel maps, conditional use permits, zone changes, lot line adjustments, planned unit developments, etc. 1. Residential Fire Zones 3 Very High Fire Hazard Severity Zone (VHFHSZ) Fire Flow a. Single family dwelling 1,250 GPM and detached condominiums (I-4 Units) (Under 5,000 square feet) b. Detached condominium 1,500 GPM (5 or more units) (Under 5,000 square feet) c. Two family dwellings 1,500 GPM (Dunlexes) Public Duration Hydrant of Flow Spacing 2 hrs. 600ft. 2 hrs. 300ft. 2 hrs. 600ft. NOTE: FOR SINGLE FAMILY DWELLINGS OVER 5,000 SQUARE FEET. SEE, TABLE I FOR FIRE FLOW REQUIREMENTS PER BUILDING SIZE. 2. Multiple family dwellings, hotels, high rise, commercial, industrial, etc. a. Due to the undetermined building designs for new land development projects (undeveloped land), the required fire flow shall be: 5,000 GPM 5 hrs. 300ft. D-49
NOTE: REDUCTION IN FIRE FLOW IN ACCORDANCE WITH TABLE I. b. Land development projects consisting of lots having existing structures shall be in compliance with Table I (fire flow per building size). This standard applies to multiple family dwellings, hotels, high rise, commercial, industrial, etc. NOTE: FIRE FLOWS PRECEDING ARE MEASURED AT 20 POUNDS PER SQUARE INCH RESIDUAL PRESSURE. B. Building plans The Department's Fire Prevention Engineering Section shall review building plans and apply fire flow requirements and hydrant spacing in accordance with the following: I. Residential Building Occupancy Classification a. Single family dwellings -Fire Zone 3 (Less than 5,000 square feet) Fire Flow On a lot of one acre or more 750 GPM On a lot less than one acre 1,250 GPM Duration of Flow 2 hrs. 2 hrs b. Single family dwellings-VHFHSZ (Less than 5,000 square feet) On a lot of one acre or more 1,000 GPM 2 hrs. On a lot less than one acre 1,250 GPM 2 hrs Public Hydrant Spacing 600ft. 600ft. 600ft. 600ft. NOTE: FOR SINGLE FAMILY DWELLINGS GREATER THAN 5,000 SQUARE FEET IN AREA SEE TABLE D-50
Fire Flow Duration of Flow c. Two family dwellings-VHFHSZ (Less than 5,000 square feet) Duplexes 1,500 GPM 2 hrs 2. Mobile Home Park Public Hydrant Spacing 600ft. a. Recreation Buildings Refer to Table 1 for fire flow according to building size. b. Mobile Home Park 1,250 GPM 2 hrs 600ft. 3. Multiple residential, apartments, single family residences (greater than 5,000 square feet), private schools, hotels, high rise, commercial, industrial, etc. (R-1, E, B, A, I, H, F, M, S) (see Table 1). C. Public fire hydrant requirements 1. Fire hydrants shall be required at intersections and along access ways as spacing requirements dictate 2. Spacing a. Cul-de-sac When cul-de-sac depth exceeds 450' (residential) or 200' (commercial), hydrants shall be required at mid-block. Additional hydrants will be required if hydrant spacing exceeds specified distances. b. Single family dwellings Fire hydrant spacing of 600 feet NOTE: The following guidelines shall be used in meeting single family dwellings hydrant spacing requirements: (1) Urban properties (more than one unit per acre): No portion oflot frontage should be more than 450' via vehicular access from a public hydrant. D-51
(2) Non-Urban Properties (less than one unit per acre): No portion of a structure should be placed on a lot where it exceeds 750' via vehicular access from a properly spaced public hydrant that meets the required fire flow. c. All occupancies Other than single family dwellings, such as commercial, industrial, multi-family dwellings, private schools, institutions, detached condominiums (five or more units), etc. Fire hydrant spacing shall be 300 feet. NOTE: The following guidelines shall be used in meeting the hydrant spacing requirements. (I) No portion oflot frontage shall be more than 200 feet via vehicular access from a public hydrant. (2) No portion of a building should exceed 400 feet via vehicular access from a properly spaced public hydrant. d. Supplemental fire protection When a structure cannot meet the required public hydrant spacing distances, supplemental fire protection shall be required. NOTE: Supplemental fire protection is not limited to the installation of on-site fire hydrants; it may include automatic extinguishing systems. 3. Hydrant location requirements-both sides of a street Hydrants shall be required on both sides of the street whenever: a. Streets having raised median center dividers that make access to hydrants difficult, causes time delay, and/or creates undue hazard. b. For situations other than those listed in "a" above, the Department's inspector's judgment shall be used. The following items shall be considered when determining hydrant locations: D-52
(I) Excessive traffic loads, major arterial route, in which traffic would be difficult to detour. (2) Lack of adjacent parallel public streets in which traffic could be redirected (e.g., Pacific Coast Highway). (3) Past practices in the area. ( 4) Possibility of future development in the area. (5) Type of development (i.e., flag-lot units, large apartment or condo complex, etc.). ( 6) Accessibility to existing hydrants (7) Possibility of the existing street having a raised median center divider in the near future. D. On-Site Hydrant Requirements I. When any portion of a proposed structure exceeds (via vehicular access) the allowable distances from a public hydrant and on-site hydrants are required, the following spacing requirements shall be met: a. Spacing distance between on-site hydrants shall be 300 to 600 feet. (I) Design features shall assist in allowing distance modifications. b. Factors considered when allowing distance modifications. (1) Only sprinklered buildings qualify for the maximum spacing of 600 feet. (2) For non-sprinklered buildings, consideration should be given to fire protection, access doors, outside storage, etc. Distance between hydrants should not exceed 400 feet. D-53
2. Fire flow a. All on-site fire hydrants shall flow a minimum of 1,250 gallons per minute at 20 psi for a duration of two hours. If more than one on-site fire hydrant is required, the on-site fire flow shall be at least 2,500 gallons per minute at 20 psi, flowing from two hydrants simultaneously. On site flow may be greater depending upon the size of the structure and the distance from public hydrants. NOTE: ONE OF THE TWO HYDRANTS TESTED SHALL BE THE FARTHEST FROM THE PUBLIC WATER SOURCE. 3. Distance from structures All on-site hydrants shall be installed a minimum of 25 feet from a structure or protected by a two-hour firewall. 4. Shut-offvalves All on-site hydrants shall be equipped with a shut-off(gate) valve, which shall be located as follows: a. Minimum distance to the hydrant b. Maximum distance from the hydrant 5. Inspection of new installations 10 feet. 25 feet All new on-site hydrants and underground installations are subject to inspection of the following items by a representative of the Department: a. Piping materials and the bracing and support thereof. b. A hydrostatic test of200 psi for two hours. c. Adequate flushing of the installation. d. Flow test to satisfY required fire flow. (I) Hydrants shall be painted with two coats of red primer and one coat of red paint, with the exception of the stem and threads, prior to flow test and acceptance of the system. D-54
6. Maintenance It shall be the responsibility of the property management company, the homeowners association, or the property owner to maintain on-site hydrants. a. Hydrants shall be painted with two coats of red primer and one coat of red, with the exception of the stem and threads, prior to flow test and acceptance of the system. b. No barricades, walls, fences, landscaping, etc., shall be installed or planted within three feet of a fire hydrant. E. Public Hydrant Flow Procedure The minimum acceptable flow from any public hydrant shall be 1,000 GPM unless the required fire flow is less. Hydrants used to satisfy fire flow requirements will be determined by the following items: 1. Only hydrants that meet spacing requirements are acceptable for meeting fire flow requirements. 2. In order to meet the required fire flow: a. Flow closest hydrant and calculate to determine flow at 20 pounds per square inch residual pressure. If the calculated flow does not meet the fire flow requirement, the next closest hydrant shall be flowed simultaneously with the first hydrant, providing it meets the spacing requirement, etc. b. If more than one hydrant is to be flowed in order to meet the required fire flow, the number of hydrants shall be flowed as follows: One hydrant Two hydrants Three hydrants F. Hydrant Upgrade Policy 1,250 GPM and below 1,251-3,500 GPM flowing simultaneously 3,501-5,000 GPM flowing simultaneously 1. Existing single outlet 2 1/2" inch hydrants shall be upgraded to a double outlet 6" x 4" x 2 1/2" hydrant when the required fire flow exceeds 1,250 GPM. 2. An upgrade of the fire hydrant will not be required if the required fire D-55
flow is between the minimum requirement of750 gallons per minute, up to and including I ,250 gallons per minute, and the existing public water system will provide the required fire flow through an existing wharf fire hydrant. 3. All new required fire hydrant installations shall be approved 6" x 4" x 2 112" fire hydrants. 4. When water main improvements are required to meet GPM flow, and the existing water main has single outlet 2 1/2" fire hydrant(s), then a hydrant(s) upgrade will be required. This upgrade shall apply regardless of flow requirements. 5. The owner-developer shall be responsible for making the necessary arrangements with the local water purveyor for the installation of all public facilities. 6. Approved fire hydrant barricades shall be installed if curbs are not provided (see Figures 1, 2, and 3 following on pages II and 12). G. Hydrant Specifications All required public and on-site fire hydrants shall be installed to the following specifications prior to flow test and acceptance of the system. 1. Hydrants shall be: a. Installed so that the center line of the lowest outlet is between 14 and 24 inches above finished grade b. Installed so that the front of the riser is between 12 and 24 inches behind the curb face c. Installed with outlets facing the curb at a 45-degree angle to the curb line ifthere are double outlet hydrants d. Similar to the type of construction which conforms to current A.W.W.A. Standards e. Provided with three-foot unobstructed clearance on all sides. f. Provided with approved plastic caps D-56
g. Painted with two coats of red primer and one coat of traffic signal yellow for public hydrants and one coat of red for on-site hydrants, with the exception of the stems and threads 2. Underground shut-offvalves are to be located: a. A minimum distance of I 0 feet from the hydrant b. A maximum distance of 25 feet from the hydrant Exception: Location can be less than 10 feet when the water main is already installed and the 1 0-foot minimum distance cannot be satisfied. 3. All new water mains, laterals, gate valves, buries, and riser shall be a minimum of six inches inside diameter. 4. When sidewalks are contiguous with a curb and are five feet wide or less, fire hydrants shall be placed immediately behind the sidewalk. Under no circumstances shall hydrants be more than six feet from a curb line. 5. The owner-developer shall be responsible for making the necessary arrangements with the local water purveyor for the installation of all public facilities. 6. Approved fire hydrant barricades shall be installed if curbs are not provided (see Figures 1, 2, and 3 following on pages 11 and 12). D-57
Barricade/Clearance Details _,..-CONCRETE CAP -,---t""" _,.__ 6' BARRICADE POST CONCRETE FILLED MIN. 4" DIA. SCHEDULE <IO STEEL. SEE NOTE 1#1 3'P.IIN ~ rCONCRElE Figure I PLAN FIRE HYDRANT BARRICADES (TYPICAL) Figure 2 D-58
C) 0 Figure 3 Notes: l. Constructed of steel not less than four inches in diameter, six inches if heavy truck traffic is anticipated, schedule 40 steel and concrete filled. 2. Posts shall be set not less than three feet deep in a concrete footing of not less than 15 inches in diameter, with the top of the posts not less than three feet above ground and not less than three feet from the hydrant 3. Posts, fences, vehicles, growth, trash storage and other materials or things shall not be placed or kept near fire hydrants in a manner that would prevent fire hydrants from being immediately discernable. 4. If hydrant is to be barricaded, no barricade shall be constructed in front ofthe hydrant outlets (Figure 2, shaded area). 5. The exact location of barricades may be changed by the field inspector during a field inspection. 6. The steel pipe above ground shall be painted a minimum of two field coats of primer. 7. Two finish coats of "traffic signal yellow" shall be used for fire hydrant barricades. D-59
8. Figure 3 shows hydrant hook up during fireground operations. Notice apparatus (hydra-assist-valve) connected to hydrant and the required area. Figure 3 shows the importance of not constructing barricades or other obstructions in front of hydrant outlets. H. Private fire protection systems for rural commercial and industrial development Where the standards of this regulation cannot be met for industrial and commercial developments in rural areas, alternate proposals which meet NFP A Standard 1142 may be submitted to the Fire Marshal for review. Such proposals shall also be subject to the following: 1. The structure is beyond 3,000 feet of any existing, adequately-sized water system. a. Structures within 3,000 feet of an existing, adequately-sized water system, but beyond a water purveyor service area, will be reviewed on an individual basis. 2. The structure is in an area designated by the County of Los Angeles' General Plan as rural non-urban. I. Blue reflective hydrant markers replacement policy 1. Purpose: To provide information regarding the replacement of blue reflective hydrant markers, following street construction or repair work. a. Fire station personnel shall inform Department of Public Works Street Construction Inspectors of the importance of the blue reflective hydrant markers, and encourage them to enforce their Department permit requirement, that streets and roads be returned to their original condition, following construction or repair work. b. When street construction or repair work occurs within this Department's jurisdiction, the nearest Department of Public Works Permit Office shall be contacted. The location can be found by searching for the jurisdiction office in the "County of Los Angeles Telephone Directory" under "Department of Public Works Street Maintenance Division." The importance of the blue reflective hydrant markers should be explained, and the requirement encouraged that the street be returned to its original condition, by replacing the hydrant markers. D-60
TABLE I* BUILDING SIZE (First floor area) Fire Flow* (I) (2) Duration Hydrant Spacing Under 3,000 sq. ft. 1,000 GPM 2 hrs 300ft 3,000 to 4,999 sq. ft. 1,250 GPM 2 hrs 300ft 5,000 to 7,999 sq. ft. 1,500 GPM 2 hrs 300ft 8,000 to 9,999 sq. ft. 2,000 GPM 2 hrs 300ft 10,000 to 14,999 sq. ft. 2,500GPM 2 hrs 300ft 15,000 to 19,999 sq. ft. 3,000 GPM 3 hrs 300ft 20,000 to 24,999 sq. ft. 3,500 GPM 3 hrs 300ft 25,000 to 29,999 sq. ft. 4,000 GPM 4 hrs 300ft 30,000 to 34,999 sq. ft. 4,500GPM 4 hrs 300ft 35,000 or more sq. ft. 5,000GPM 5 hrs 300ft * See applicable footnotes below: (FIRE FLOWS MEASURED AT 20 POUNDS PER SQUARE INCH RESIDUAL PRESSURE) (I) Conditions requiring additional fire flow. a. Each story above ground level -add 500 GPM per story. b. Any exposure within 50 feet-add a total of 500 GPM. c. Any high-rise buildings (as determined by the jurisdictional Buildings code) the fire flow shall be a minimum of3,500 GPM for 3 hours at 20 psi. d. Any flow may be increased up to 1,000 GPM for a hazardous occupancy. (2) Reductions in fire flow shall be cumulative for type of construction and a fully sprinklered buildings. The following allowances and/or additions may be made to standard fire flow requirements: a. A 25% reduction shall be granted for the following types of construction: Type I-F.R, Type II-P.R., Type II one-hour, Type II-N, Type III one-hour, Type III-N, Type IV, Type IV one hour, and Type V one-hour. This reduction shall be automatic and credited on all projects using these types of construction. Credit will not be given for Type V-N structures (to a minimum of2,000 GPM available fire flow). b. A 25% reduction shall be granted for fully sprinklered buildings (to a D-61
minimum of2,000 GPM available fire flow). c. When determining required fire flows for structures that total 70,000 square feet or greater, such flows shall not be reduced below 3,500 GPM at 20 psi for three hours. D-62
EXHIBIT "E" SMMC ARTICLE 9 (PLANNING AND ZONING) On file with the City Clerk
CITY OF SANTA MONICA City of Santa Moniea'M
CITY OF SANTA MONICA ZONING ORDINANCE Including Chapters 9. 04-9. 72 With Amendments to Current to March 2013 [Through Ordinance 2420 CCS] REVISED: June 2013
TABLE OF CONTENTS CITY OF SANTA MONICA ZONING ORDINANCE ZONING ORDINANCE INTRODUCTORY INFORMATION ................................... 30 Application and Design Tips .... : ........................................................................ 30 A Brief History of Santa Monica ................................................................... , ... 33 The General Plan ............................................................................................. 40 Planning Commission Procedures ................................................................... 41 Architectural Review Board Procedures ........................................................... 42 Planning Publications ....................................................................................... 43 Agency Telephone Numbers and Addresses ................................................... 47 ALPHABETICAL INDEX-SELECTED SECTIONS ............................................... 48 ARTICLE 9: PLANNING & ZONING INDEX ......................................................... 397 SUBCHAPTER 9.04.02 GENERAL PROVISIONS ............................................... 406 Section 9.04.02.010 Section 9.04.02.020 Section 9.04.02.030 · Section 9.04.02.040 Section 9.04.02.050 Title ..................................................................... 406. Purpose ............................................................... 406 Definitions ........................................................... 406 Number of Days .................................................. 414-4 Rounding of Quantities ........................................ 414-4 SUBCHAPTER 9.04.04 ESTABLISHMENT OF ZONING DISTRICTS ................. 414-5 Section 9.04.04.01 0 Section 9.04.04.020 Section 9.04.04.030 Section 9.04.04.040 Establishment of Districts .................................... 414-5 Adoption of District Map ...................................... 414-5 Rules to Determine Appropriate District.. ............ 414-5 Adoption of Overlay Districts ............................... 414-5 SUBCHAPTER 9.04.06 GENERAL REQUIREMENTS ......................................... 414-5 Section 9.04.06.010 Section 9.04.06.020 Section 9.04.06.030 Section 9.04.06.040 Section 9.04.06.050 Section 9.04.06.060 Section 9.04.06.070 Section 9.04.06.080 Section 9.04.06.090 Section 9.04.06.1 00 Application .......................................................... 414-5 Vested Right. ........................................... : ........... 414-6 Building Permits .................................................. 414-6 Zoning Conformance Review .............................. 414-6 Use of Standard Industrial Classification (SIC) Manual ....................................... : ............. 415 Conflict with Other Regulations ........................... 415 Compliance ......................................................... 415 Compliance by City, School District, and Other Agencies .......................................................... 415 Neighborhood Impact Statement ........................ 415 Conformance with Ocean Park Zoning Standards Adopted on September 26, 1989 ..................... 415 1 City of Santa Monica Zoning Ordinance
SUBCHAPTER 9.04.08 ZONING DISTRICTS AND USES ................................... 415 PART 9.04.09.02 R1 SINGLE FAMILY RESIDENTIAL USES ....................... 415 Sec. 9.04.08.02.01 0 Sec. 9.04.08.02.020 Sec. 9.04.08.02.030 Sec. 9.04.08:02.040 Sec. 9.04.08.02.050 Sec. 9.04.08.02.060 Sec. 9.04.08.02.070 Sec. 9.04.08.02.075 Sec. 9.04.08.02.076 Sec. 9.04.08.02.080 Sec. 9.04.08.02.090 Purpose ............................................................... 415 Permitted Uses .................................................... 415 Uses Subject to Performance Standards Permit. 416 Uses Subject to Use Permit ................................ 416 Conditionally Permitted Uses .............................. 416 Prohibited Uses ................................................... 416 Property Development Standards ....................... 416 Special Project Design and Development Standards .......................................................... 418 Special Project Design & Development Standards for the Sunset Park and North of Wilshire Boulevard Neighborhoods ................... 418 Architectural Review ........................................... 419 Fifty Percent Addition .......................................... 420 PART 9.04.08.04 R2R LOW DENSITY DUPLEX DISTRICT ......................... 420 Sec. 9.04.08.04.01 0 Sec. 9.04.08.04.020 Sec. 9.04.08.04.030 Sec. 9.04.08.04.040 Sec. 9.04.08.04.050 Sec. 9.04.08.04.060 Sec. 9.04.08.04.070 Purpose ............................................................... 420 Permitted Uses ................................ : ................... 420 Uses Subject to Performance Standards Permit. 420 Conditionally Permitted Uses .............................. 421 Prohibited Uses ................................................... 421 Property Development Standards ....................... 421 Architectural Review ........................................... 421 PART 9.04.08.06 MULTIPLE FAMILY RESIDENTIAL DISTRICTS ............... 421 Sec. 9.04.08.06.010 Sec. 9.04.08.06.020 Table 9.04-1 Sec. 9.04.08.06.060 Table 9.04-2 Sec. 9.04.08.06.070 Sec. 9.04.08.06.080 PART 9.04.08.08 PART 9.04.08.10 Purpose ................................................................ 421 Allowed Land Uses ............................................. 422 Land Uses Allowed in Multiple Family Residential Districts ........................................ 422-1 · Property Development Standards ....................... 422-2 Property Development Standards for the R2, R3 and R4 Multiple Family Residential " Districts ............................................................. 422-3 Special Project Design and Development Standards ......................................................... 422-5 Architectural Review .................... : ...................... 423 2 City of Santa Monica Zoning Ordinance
PART 9.04.08.12 RVC RESIDENTIAL-VISITOR COMMERCIAL Sec. 9.04.08.12.010 Sec. 9.04.08.12.020 Sec. 9.04.08.12.030 Sec. 9.04.08.12.035 Sec. 9.04.08.12.040 Sec. 9.04.08.12.050 Sec. 9.04.08.12.060 Table 9.04.08.12.060 Sec. 9.04.08.12.065 Sec. 9.04.08.12.070 Sec. 9.04.08.12.080 DISTRICT ............................................................ 423 Purpose ............................................................... 423 Permitted Uses .................................................... 423 Uses Subject to Performance Standards Permit ............................................................. 424 Uses Subject to a Use Permit ............................. 424 Conditionally Permitted Uses .............................. 424 Prohibited Uses ................................................... 424 Property Development Standards ....................... 424 Maximum Building Height and FAR .................... 424-1 Deed Restrictions ................................................ 424-2 Architectural Review ........................................... 424-2 Exemptions ......................................................... 424-2 PART 9.04.08.14 BCD BROADWAY COMMERCIAL DISTRICT ................... 424-2 Sec. 9.04.08.14.010 Sec. 9.04.08.14.020 Sec. 9.04.08.14.030 Sec. 9.04.08.14.035 Sec. 9.04.08.14.040 Sec. 9.04.08.14.050 Sec. 9.04.08.14.060 Sec. 9.04.08.14.065 Sec. 9.04.08.14.070 Purpose ............................................................... 424-2 Permitted Uses .................................................... 424-2 Uses Subject to Performance Standards Permit ............................................................. 424-3 Uses Subject to a Use Permit ............................. 424-3 Conditionally Permitted Uses .............................. 424-3 Prohibited Uses ................................................... 424-3 Property Development Standards ....................... 424-3 Deed Restrictions ................................................ 424-4 Architectural Review ........................................... 424-4 PART 9.04.08.15 BSCD BAYSIDE COMMERCIAL DISTRICT ...................... 425 Sec. 9.04.08.15.01 0 Sec. 9.04.08.15.015 Sec. 9.04.08.15.020 Sec. 9.04.08.15.030 Sec. 9.04.08.15.040 Sec. 9.04.08.15.050 Sec. 9.04.08.15.060 Sec. 9.04.08.15.065 Sec. 9.04.08.15.070 Sec. 9.04.08.15.080 Sec. 9.04.08.15.085 Sec. 9.04.08.15.090 Purpose ............................................................... 425 Definitions ........................................................... 425 Permitted Uses .................................................... 425 Uses Subject to Performance Standards Permit.. .............................................................. 426 Conditionally Permitted Uses .............................. 426 Prohibited Uses ................................................... 427 Property Development Standards ....................... 427 Deed Restrictions ................................................ 429 Special Project Design and Development Standards .......................................................... 429 Limitations on Food Uses and Alcohol Outlets ... 429 Conversion of Any Portion of a Food Service Use To Any Other New or Expanded Use Located Adjacent to the Third Street Promenade ....................................................... 430 Architectural Review ........................................... 430 3 City of Santa Monica Zoning Ordinance
Sec. 9.04.08.15.1 00 Exceptions to Limitations on Food Uses and Alcohol Outlets ................................................. 430 Sec. 9.04.08.15.110 Applicability of Provisions of Part 9.04.08.15 ...... 430 PART 9.04.08.16 C2 NEIGHBORHOOD COMMERCIAL DISTRICT ............. 430 . Sec. 9.04.08.16.010 Sec. 9.04.08.16.020 Sec. 9.04.08.16.030 Sec. 9.04.08.16.035 Sec. 9.04.08.16.040 · Sec. 9.04.08.16.050 Sec. 9.04.08.16.060 Sec. 9.04.08.16.065 Sec. 9.04.08.16.070 Sec. 9.04.08.16.080 Purpose ............................................................... 430 Permitted Uses .................................................... 430-1 Uses Subject to Performance Standards Permit. 431 Uses Subject to a Use Permit ............................. 431 Conditionally Permitted Uses ......... _ .................... 431 Prohibited Uses ................................................... 431 Property Development Standards ....................... 432 Deed Restrictions ................................................ 432-1 Special Project Design and Development Standards ......................................................... 432-1 Architectural Review ........................................... 433 PART 9.04.08.18 C3 DOWNTOWN COMMERCIAL DISTRICT ..................... 433 Sec. 9.04.08.18.01 0 Sec. 9.04.08.18.020 Sec. 9.04.08.18.030 Sec. 9.04.08.18.040 Sec. 9.04.08.18.050 Sec. 9.04.08.18.060 Sec. 9.04.08.18.065 Sec. 9.04.08.18.070 Sec. 9.04.08.18.075 Purpose ............................................................... 433 Permitted Uses .................................................... 433 Uses Subject to Performance Standards Permit. 433 Conditionally Permitted Uses .............................. 433 Prohibited Uses ................................................... 434 Property Development Standards ....................... 434 Special Project Design and Development Standards .......................................................... 435 Deed Restrictions ................................................ 436 Architectural Review ........................................... 436 PART 9.04.08.20 C3-C DOWNTOWN OVERLAY DISTRICT ........................ 436 Sec. 9.04.08.20.01 0 Sec. 9.04.08.20.020 Sec. 9.04.08.20.030 Sec. 9.04.08.20.040 Sec. 9.04.08.20.050 Sec. 9.04.08.20.060 Sec. 9.04.07.20.065 Sec. 9.04.08.20.070 Sec. 9.04.08.20.080 Purpose ............................................................... 436 Permitted Uses .................................................... 436 Uses Subject to Performance Standards Permit. 436-1 Conditionally Permitted Uses .............................. 436-1 Prohibited Uses ................................................... 436-1 Property Development Standards ....................... 436-1 Deed Restrictions ................................................ 436-1 . Special Project Design and Development Standards ......................................................... 436-1 Architectural Review ........................................... 436-2 PART 9.04.08.22 C4 HIGHWAY COMMERCIAL DISTRICT.. .................. ~ ..... 437 Sec. 9.04.08.22.01 0 Sec. 9.04.08.22.020 Purpose ............................................................... 437 Permitted Uses .................................................... 437 4 City of Santa Monica Zoning Ordinance
Sec. 9.04.08.22.030 Sec. 9.04.08.22.035 Sec. 9.04.08.22.040 Sec. 9.04.08.22.050 Sec. 9.04.08.22.060 Sec. 9.04.08.22.065 Sec. 9.04.08.22.070 Sec. 9.04.08.22.080 Uses Subject to Performance Standards Permit ................................................................ 437 Uses Subject to a Use Permit ............................. 437 Conditionally Permitted Uses .............................. 437 Prohibited Uses ................................................... 438 Property Development Standards ....................... 438 Deed Restrictions ................................................ 439 Architectural Review ........................................... 439 Special Project Design and Development Standards .......................................................... 439 PART 9.04.08.24 C5 SPECIAL OFFICE COMMERCIAL DISTRICT ............. 440 Sec. 9.04.08.24.01 0 Sec. 9.04.08.24.020 Sec. 9.04.08.24.030 Sec. 9.04.08.24.040 Sec. 9.04:08.24.050 Sec. 9.04.08.24.060 Sec. 9.04.08.24.070 Purpose ............................................................... 440 Permitted Uses .................................................... 440 Uses Subject to Performance Standards Permit. 440 Conditionally Permitted Uses .............................. 440 Prohibited Uses ................................................... 440 Property Development Standards .......... , ............ 440-1 Architectural Review ........................................... 440-1 PART 9.04.08.26 C6 BOULEVARD COMMERCIAL DISTRICT .....•............... 440-1 Sec. 9.04.08.26.01 0 Sec. 9.04.08.26.020 Sec. 9.04.08.26.030 Sec. 9.04.08.26.035 Sec. 9.04.08.26.040 Sec. 9.04.08.26.050 . Sec. 9.04.08.26.060 Sec. 9.04.08.26.065 Sec. 9.04.08.26.070 Sec. 9.04.08.26.080 Purpose ............................................................... 440-1 Permitted Uses .................................................... 440-1 Uses Subject to Performance Standards Permit. 440-2 Uses Subject to a Use Permit ............................. 440-2 Conditionally Permitted Uses .............................. 440-2 Prohibited Uses ................................................... 440-2 Property Development Standards ....................... 440-2 Deed Restrictio_ns ................................................ 440-3 Architectural Review ........................................... 440-3 Special Project Design and Development Standards .......................................................... 440-3 PART 9.04.08.28 CM MAIN STREET SPECIAL COMMERCIAL Sec. 9.04.08.28.010 Sec. 9.04.08.28.020 Sec. 9.04.08.28.030 Sec. 9.04.08.28.035 Sec. 9.04.08.28.040 Sec. 9.04.08.28.050 Sec. 9.04.08.28.060 Sec. 9.04.08.28.065 Sec. 9.04.08.28.070 DISTRICT ..................................•......................... 440-3 Purpose ............................................. , ................. 440-3 Permitted Uses .................................................... 440-4 Uses Subject to Performance Standards Permit. 440-4 Uses Subject to a Use Permit ....................... : ..... 440-4 Conditionally Permitted Uses ........ : ..................... 440-5 Prohibited Uses ................................................... 440~5 Property Development Standards ....................... 440-5 Deed Restrictions ................................................ 440-7 Special Project Design and Development Standards ......................................................... 440-7 5 City of Santa Monica Zoning Ordinance
PART 9.04.08.30 CP COMMERCIAL PROFESSIONAL DISTRICT ...•.......... 440-8 Sec. 9.04.08.30.010 Sec. 9.04.08.30.020 Sec. 9.04.08.30.030 Sec. 9.04.08.30.040 Sec. 9.04.08.30.050 Sec. 9.04.08.30.060 Table 9.04.08.30.060 Sec. 9.04.08.30.065 Sec. 9.04.08.30.070 Sec. 9.04.08.30.080 Purpose ............................................................... 440-8 · Permitted Uses .................................................... 440-8 Uses Subject to Performance Standards Permit. 440-8 Conditionally Permitted Uses .............................. 440-8 Prohibited Uses ................... ~ ............................... 440-9 Property Development Standards ....................... 440-9 ............................................................................ 440-9 Deed Restrictions: .... : .......................................... 440-10 Architectural Review ........................................... 440-10 Non-Conforming Hospital Building ...................... 440-10 PART 9.04.08.32 CC CIVIC CENTER DISTRICT ........................................... 440-10 Sec. 9.04.08.32.010 Sec. 9.04.08.32.020 Sec. 9.04.08.32.030 Sec. 9.04.08.32.040 Sec. 9.04.08.32.050 Sec. 9.04.08.32.060 Purpose ............................................................... 440-10 Permitted Uses .................................................... 440-10 Uses Subject to Performance Standards Permit. ............ , ................................................. 440-10 Conditionally Permitted Uses ... : .......................... 440-10 Prohibited Uses ................................................... 440-10 Property Development Standards ....................... 440-10 PART 9.04.08.34 M1 INDUSTRIAL CONSERVATION DISTRICT ................. 440-10 Sec. 9.04.08.34.01 0 Sec. 9.04.08.34.020 Sec. 9.04.08.34.030 Sec. 9.04.08.34.040 Sec. 9.04.08.34.050 Sec. 9.04.08.34.060 Sec. 9.04.08.34.070 Purpose ............................................................... 440-10 Permitted Uses .................................................... 440-11 Uses Subject to Performance Standards Permit. .................... , ......................................... 440-11 Conditionally Permitted Uses .............................. 440-11 Prohibited Uses ................................................... 440-12 Property Development Standards ....................... 440-12 Architectural Review ........................................... 440-13 Part 9.04.08.35 LMSD Light Manufacturing and Studio District.. .............. 440-13 Sec. 9.04.08.35.010 Sec. 9.04.08.35.020 Sec. 9.04.08.35.025 Sec. 9.04.08.35.030 Sec. 9.04.08.35.040 Sec. 9.04.08.35.050 Sec. 9.04.08.35.060 Purpose ............................................................... 440-13 Permitted Uses .................................................... 440-13 Uses Subject to Performance Standards Permit. .............................................................. 440-14 Conditionally Permitted Uses .............................. 440" 14 Prohibited Uses ................................................... 440-14 Property Development Standards ....................... 440-14 Architectural Review ........................................... 440-15 6 City of Santa Monica Zoning Ordinance
PART 9.04.08.36 PL PUBLIC LANDS DISTRICT .......................................... 440-16 Sec. 9.04.08.36.01 0 Sec. 9.04.08.36.020 Sec. 9.04.08.36.030 Sec. 9.04.08.36.040 Sec. 9.04.08.36.050 Sec. 9.04.08.36.060 Sec. 9.04.08.36.070 Purpose ............................................................... 440-16 Permitted Uses .................................................... 440-16 Uses· Subject to Performance Standards Permit. 440-16 Conditionally Permitted Uses .............................. 440-16 Prohibited Uses ................................................... 440-16 Property Development Standards ....................... 440-16 Architectural Review ........................................... 440-16 PART 9.04.08.37 TP TRANSPORTATION PERSERVATION DISTRICT ...... 440-16 Sec. 9.04.08.37.010 Sec. 9.04.08.37.020 Sec. 9.04.08.37.030 Sec. 9.04.08.37.040 Sec. 9.04.08.37.050 Sec. 9.04.08.37.060 Sec. 9.04.08.37.070 Purpose ............................................................... 440-16 ·Permitted Uses .................................................... 440-16 Uses Subject to Performance Standards Permit. ................................................ : .............. 440-16 . Prohibited Uses ................................................... 440-16 Property Development Standards ....................... 440-17 Legal Nonconforming Buildings and Uses .......... 440-17 Architectural Review ........................................... 440-17 PART 9.04.08.38 A OFF-STREET PARKING OVERLAY DISTRICT ..•.......... 440-17 Sec. 9.04.08.38.010 Sec. 9.04.08.38.020 Sec. 9.04.08.38.030 Sec. 9.04.08.38.040 Sec. 9.04.08.38.050 Sec. 9.04.08.38.060 Sec. 9.04.08.38.070 Sec. 9.04.08.38.080 Sec. 9.04.08.38.090 Sec. 9.04.08.38.1 00 Purpose ........................................................ : ...... 440-17 Applicability ......................................................... 441 Permitted Uses .................................................... 441 Uses Subject to Performance Standards Permit. 441 Conditionally Permitted Uses .............................. 441 Prohibited Uses ................................................... 441 Property Development Standards for Non-Parking Uses ...................................... 441 Development Standards for Below Grade Parking Structure Facilities ............................. 441 Special Design Standards for All Parking Facilities .......................................................... 441 Architectural Review ........................................... 441 PART 9.04.08.40 N NEIGHBORHOOD COMMERCIAL-Sec. 9.04.08.40.010 Sec. 9.04.08.40.020 Sec. 9.04.08.40.030 Sec. 9.04.08.40.040 Sec. 9.04.08.40.050 Sec. 9.04.08.40.060 Sec. 9.04.08.40.070 OVERLAY DISTRICT ......................................... 442 Purpose ............................................................... 442 Permitted Uses .................................................... 442 Uses Subject to Performance Standards Permit. 442 Conditionally Permitted Uses .............................. 442 Prohibited Uses ................................................... 442 Property Development Standards ....................... 442 Architectural Review ........................................... 442 7 City of Santa Monica Zoning Ordinance
PART 9.04.08.42 R-MH RESIDENTIAL MOBILE HOME PARK Sec. 9.04.08.42.01 0 Sec. 9.04.08.42.020 Sec. 9.04.08.42.030 Sec. 9.04.08.42.040 Sec. 9.04.08.42.050 Sec. 9.04.08.42.060 Sec. 9.04.08.42.070 DISTRICT ............................................................ 442 Purpose ............................................................... 442 Permitted Uses .................................................... 442 Uses Subject to Performance Standards Permit. 442 Conditionally Permitted Uses .............................. 442 Prohibited Uses ................................................... 442 Property Development Standards ....................... 443 Architectural Review ........................................... 443 PART 9.04.08.44 OP-1 OCEAN PARK SINGLE FAMILY RESIDENTIAL Sec. 9.04.08.44.010 Sec. 9.04.08.44.020 Sec. 9.04.08.44.030 Sec. 9.04.08.44.040 Sec. 9.04.08.44.050 Sec. 9.04.08.44.060 Sec. 9.04.08.44.070 DISTRICT ............................................................ 443 Purpose .................................. : ............................ 443 Permitted Uses .................................................... 443 Uses Subject to Performance Standards Permit. 443 Conditionally Permitted Uses .............................. 443 Prohibited Uses ................................................... 443 Property Development Standards ....................... 443 Architectural Review ........................................... 444 PART 9.04.08.46 BEACH OVERLAY DISTRICT ............. ~ ............................. 444 Sec. 9.04.08.46.010 Sec. 9.04.08.46.020 Sec. 9.04.08.46.030 Sec. 9.04.08.46.040 Sec. 9.04.08.46.050 · Sec. 9.04.08.46.060 Purpose ............................................................... 444 Permitted Uses .................................................... 444 Uses Subject to Performance Standards Permit. 444 Conditionally Permitted Uses .............................. 444 Prohibited Uses ................................................... 444 Recreational Use ................................................. 444 PART 9.04.08.48 OP-DUPLEX OCEAN PARK DUPLEX RESIDENTIAL Sec. 9.04.08.48.010 Sec. 9.04.08.48.020 Sec. 9.04.08.48.030 Sec. 9.04.08.48.040 Sec. 9.04.08.48.050 Sec. 9.04.08.48.060 Sec. 9.04.08.48.070 DISTRICT .•................•......................................... 444 Purpose ............................................................... 444 Permitted Uses .................................................... 445 Uses Subject to Performance Standards Permit. 445 Conditionally Permitted Uses .............................. 445 Prohibited Uses ............................. , ..................... 445 Property Development Standards ....................... 445 Architectural Review ........................................... 446 PART 9.04.08.50 OP-2 OCEAN PARK LOW MULTIPLE RESIDENTIAL Sec. 9.04.08.50.010 Sec. 9.04.08.50.020 Sec. 9.04.08.50.030 DISTRICT ...................•..•.................................... 446 . Purpose ............................................................... 446 Permitted Uses .................................................... 446 Uses Subject to Performance Standards Permit. 446 8 City of Santa Monica Zoning Ordinance
Sec. 9.04.08.50.040 Sec. 9.04,08.50.050 Sec. 9.04.08.50.060 Sec. 9.04.08.50.070 Conditionally Permitted Uses .............................. 446 Prohibited Uses ................................................... 447 Property Development Standards ....................... 447 Architectural Review ........................................... 448 PART 9.04.08.52 OP-3 OCEAN PARK MEDIUM MULTIPLE RESIDENTIAL Sec. 9.04.08.52.010 Sec. 9.04.08.52.020 Sec. 9.04.08.52.030 Sec. 9.04.08.52.040 Sec. 9.04.08.52.050 Sec. 9.04.08.52.060 ·Sec. 9.04.08.52.070 DISTRICT ............................................................ 448 Purpose ............................................................... 448 Permitted Uses .................................................... 449 Uses Subject to Performance Standards Permit. 449 Conditionally Permitted Uses .............................. 449 Prohibited Uses ................................................... 449 Property Development Standards ....................... 449 Architectural Review ........................................... 451 PART 9.04.08.54 OP-4 OCEAN PARK HIGH MULTIPLE RESIDENTIAL Sec. 9.04.08.54.010 Sec. 9.04.08.54.020 Sec. 9.04.08.54.030 Sec. 9.04.08.54.040 Sec. 9.04.08.54.050 Sec. 9.04.08.54.060 Sec. 9.04.08.54.070 DISTRICT ....................................................... : .... 451 Purpose ............................................................... 451 Permitted Uses .................................................... 451 Uses Subjectto Performance Standards Permit. 451 Conditionally Permitted Uses .............................. 451 Prohibited Uses ................................................... 451 Property Development Standards ....................... 451 Architectural Review ........................................... 453 PART 9.04.08.58 DP DESIGNATED PARKS DISTRICT ............................... 453 Sec. 9.04.08.58.010 Sec. 9.04.08.58.020 Sec. 9.04.08.58.030 Sec. 9.04.08.58.040 Sec. 9,04.08.58.050 Sec. 9.04.08.58.060 Sec. 9.04.08.58.070 Pu~ooe ............................................................... 453 Permitted Uses_ .................................................... 453 Uses Subject to Performance Standards Permit. 453 Conditionally Permitted Uses ........ , ..................... 453 Prohibited Uses ................................................... 453 Property Development Standards ....................... 453 Architectural Review ........................................... 453 PART 9.04.08.60 BP BEACH PARKING DISTRICT ...................................... 453 Sec. 9.04.08.60.010 Sec. 9.04.08.60.020 Sec. 9.04.08.60.030 Sec. 9.04.08.60.040 Sec. 9.04.08.60.050 Sec. 9.04.08.60.060 Sec. 9.04.08.60.070 Purpose ............................................................... 453 Permitted Uses .................................................... 453 Uses Subject to Performance Standards Permit. 453 Conditionally Permitted Uses .............................. 453 Prohibited Uses ................................................... 453 Property Development Standards ....................... 453 Architectural Review ........................................... 454 9 City of Santa Monica Zoning Ordinance
PART 9.04.08.62 R2B LOW DENSITY MULTIPLE RESIDENTIAL Sec. 9.04.08.62.010 Sec. 9.04.08.62.020 Sec. 9.04.08.62.030 Sec. 9.04.08.62.040 Sec. 9.04.08.62.050 Sec. 9.04.08.62.060 Sec. 9.04.08.62.070 BEACH DISTRICT .............................................. 454 Purpose ............................................................... 454 Permitted Uses .................................................... 454 Uses Subject to Performance Standards Permit. 454 Conditionally Permitted Uses ............................. ..454 Prohibited Uses ................................................... 454 Property Development Standards ....................... 454 Architectural Review ........................................... 455 PART 9.04.08.64 R3R MEDIUM DENSITY MULTIPLE FAMILY COASTAL Sec. 9.04.08.64.01 0 Sec. 9.04.08.64.020 Sec. 9.04.08.64.030 Sec. 9.04.08.64.040 Sec. 9.04.08.64.050 Sec. 9.04.08.64.060 Sec. 9.04.08.64.070 RESIDENTIAL DISTRICT ................................... 455 Purpose ...... , ........................................................ 455 Permitted Uses .................................................... 455 Uses Subject to Performance Standards Permit.455 Conditionally Permitted Uses .............................. 456 Prohibited Uses ........... : ....................................... 456 Property Development Standards ....................... 456 Architectural Review ........................................... 457 PART 9.04.08.65 BR Boulevard Residential R-3 Overlay District.. ............ 457 Sec. 9.04.07.65.010 Sec. 9.04.08.65.020 Sec. 9.04.08.65.030 Sec. 9.04.08.65.040 Sec. 9.04.08.65.050 Sec. 9.04.08.65.060 Purpose ............................................................... 457 Permitted Uses .................................................... 457 Uses Subject to Performance Standards Permit. 457 Conditionally Permitted Uses .............................. 457 Prohibited Uses ................................................... 457 Property Development Standards ....................... 457 SUBCHAPTER 9.04.10 PROJECT DESIGN AND DEVELOPMENT STANDARDS ...................................................... 458 PART 9.04. 10.02 GENERAL REQUIREMENTS ............................................ 458 Sec. 9.04.1 0.02.010 Sec. 9.04.1 0.02.020 Sec. 9.04.1 0.02.030 Sec. 9.04.1 0.02.040 Sec. 9.04.10.02.050 Sec. 9.04.10.02.060 Sec. 9.04.1 0.02.061 Sec. 9.04.10.02.070 Sec. 9.04.1 0.02.080 Sec. 9.04.1 0.02.090 Roof Decks in the OP-Districts ............................ 458 Applicability ......................................................... 458 Building Height & Exceptions to Height Limit ...... 458 Building Volume Envelope .................................. 458 Build-to-Line ........................................................ 458-1 Floor Setbacks in Commercial and Industrial Buildings ............................................................ 458-1 Homeless Shelters .............................................. 458-1 Reflective Materials ............................................. 458-1 Fence, Wall, Hedge, Flagpole ............................. 458-2 . Hazardous Visual Obstructions ........................... 458-2a 10 City of Santa Monica Zoning Ordinance
Sec. 9.04.10.02.100 Sec. 9.04.10.02.110 Sec. 9.04.1 0.02.111 Sec. 9.04.1 0.02.120 Sec. 9.04.10.02.130 Sec. 9.04.1 0.02.140 Sec. 9.04.10.02.141 Sec. 9.04.1 0.02.142 Sec. 9.04.10.02.150 Sec. 9.04.1 0.02.151 Sec. 9.04.1 0.02.160 Sec. 9.04.1 0.02.170 Sec. 9.04.1 0.02.180 Sec. 9.04.10.02.190 Sec. 9.04.1 0.02.200 Sec. 9.04.1 0.02.210 Sec. 9.04.10.02.220 Sec. 9.04.1 0.02.230 Sec. 9.04.10.02.240 Sec. 9.04.1 0.02.250 Sec. 9.04.1 0.02.260 Sec. 9.04.1 0.02.270 Sec. 9.04.1 0.02.280 Sec. 9.04.1 0.02.290 Sec. 9.04.1 0.02.300 Sec. 9.04.10.02.310 Sec. 9.04.1 0.02.320 Sec. 9.04.1 0.02.330 Sec. 9.04.1 0.02.340 Sec. 9.04.1 0.02.350 Sec. 9.04.1 0.02.360 Sec. 9.04.1 0.02.370 Sec. 9.04.1 Q.02.380 Sec. 9.04.1 0.02.390 Sec. 9.04.10.02.420 Sec. 9.04.1 0.02.430 Sec. 9.04.1 0.02.440 Sec. 9.04.1 0.02.450 Sec. 9.04.10.02.460 One Story Accessory Building (14 Feet Maximum Height) ............................................. 458-2a Accessory Buildings Over One Story or 14 Feet ............................................................. 458-2-b Residential Uses in Commercial Districts .......... :. 458-2-b Screening of Commercial Uses ........................... 458-2b Screening Storage Areas .................................... 458-2b Screening Mechanical Equipment... .................... 458-2c Senior Group Housing ......................................... 458-2c Transitional and Congregate Housing ................. 458-2c Refuse and Screening of Refuse Storage Areas .................................................. 458-2c Design Standards for Refuse and Recycling Rooms and Outdoor Enclosures ...................... 458-2d Drainage .............................................................. 458-2e Unexcavated Area in Side Yards ........................ 45S-2e Projections Permitted into Required Yards ......... 458-2e Projections Table ................................................ 458-2f Building Additions Extending Into Required Side Yard ................................................... , ..... 458-2f Manufactured Dwellings ...................................... 458-2f Relocated Buildings ............................................ 458-2g Solar Energy Design Standards .......................... 458-2g Parcel Area for Residential Density Calculations and Rear Yard Depth · Includes One-Half Alley Dimension .................. 458-2h Dwelling Unit Density Calculation ........................ 458-2h Parcel Coverage Calculation ............................... 458-2h Through Parcel May be Two Parcels .................. 458-3 Lighting ................................................................ 458-3 Glare ............... _ .................................................... 458-3 Signs ................................................................... 458-3 Humidity, Heat and Cold ..................................... 458-3 Sound .................................................................. 458-3 Storage ............................................................... 458-3 Vibration .............................................................. 458-3 Permitted Outdoor Uses ...................................... 458-3 Calculating Floor Area ................... c ••••••••••••••••••••• 458-3 Rear Yard Setbacks ............................................ 458-3 Front Yard Setback on Walkstreets .................... 458-3 Ventilation in Restaurants ................................... 458-3 Pipelines ............................................................. 459 Posting of Seating Requirements . in Restaurants .................................................. 459 ·Development Spanning Zoning Districts ............. 459 Pedestrian-Oriented Design ............................... 459 Construction Rate Program ................................. 460 Small Sidewalk Cafes ......................................... 460 11 City of Santa Monica Zoning Ordinance
PART 9.04.10.04 LANDSCAPING STANDARDS .......................................... 460a Sec. 9.04.1 0.04.010 Sec. 9.04.1 0.04.020 Sec. 9.04.1 0.04.030 Sec. 9.04.1 0.04.040 Sec. 9.04.1 0.04.050 Sec. 9.04.1 0.04.060 Sec. 9.04.10.04.070 Sec. 9.04.1 0.04.080 Sec. 9.04.1 0.04.090 Sec. 9.04.10.04.100 Sec. 9.04.10.04.110 Purpose ............................................................... 460a Applicability ......................................................... 460a [Reserved.] [Reserved.] [Reserved.] Required Landscape Area for Building Sites ...... 460a Required Landscape Area and Lighting for Surface Parking Lots and Other Vehicular Use Areas ........................................................ 460-1 Landscape Screening and Buffering of Commercial, Industrial, and Parking Uses from Residential Uses ...................................... 460-1 Screening of Automobile Dealerships ................. 460-2 Landscape Maintenance and Protection ............. 461 Water Conservation Landscaping ....................... 461 · PART 9.04.10.06 ANTENNAS ..................................•....•................................ 461 Sec. 9.04.1 0.06.010 Sec. 9.04.1 0.06.020 Sec. 9.04.1 0.06.030 Sec. 9.04.1 0.06.040 Sec. 9.04.1 0.06.1 00 Sec. 9.04.10.06.110 Sec. 9.04.10.06.120 Sec. 9.04.10.06.130 Sec. 9.04.1 0.06.140 Sec. 9.04.10.06.150 Sec. 9.04.1 0.06.151 Sec. 9.04.10.06.160 Sec. 9.04.10.06.161 Sec. 9. 04. 1 0. 06.170 Nonparabolic Antenna Definitions ....................... 461 Nonparabolic Antennas-Applicability ................. 461 Nonparabolic Noncommercial Antennas -Purpose ............................................................ 462 Nonparabolic Noncommercial Antennas -Regulations and Design Standards ................. 462 Nonparabolic Commercial Antennas -Purpose ............................................................ 462-1 Nonparabolic Commercial Antennas -Regulations and Design Standards .................. 462-1 Parabolic Antennas -Purpose ............................ 462-2 Parabolic Antennas-Applicability ......... , ............. 462-2 Parabolic Antennas Definitions ........................... 462-2 TVRO Parabolic Antennas Located in Residential Districts .......................................... 462-3 Modification of Regulations and Design Standards in Residential Districts .................... 462-3 Parabolic Antennas Located in Non-Residential Districts .................................. 462-4 Modification of Regulations and Design Standards in Non-Residential Districts ............. 462-4 Satellite Uplink Antennas .................................... 462-4 · PART 9.04.10.08 OFF-STREET PARKING REQUIREMENTS ...................... 462-4 Sec. 9.04.1 0.08.010 Sec. 9.04.10.08.020 Purpose ............................................................... 462-4 Applicability ......................................................... 463 12 City of Santa Monica Zoning Ordinance
Sec. 9.04.1 0.08.030 Sec. 9.04.1 0.08.040 Table 9.04.04.10.08.040 Sec. 9.04.10.08.050 Sec. 9.04.10.08.060 Sec. 9.04.1 0.08.070 Sec. 9.04.1 0.08.080 Sec. 9.04.1 0.08.090 Sec. 9.04.10.08.100 Sec. 9.04.10.08.110 Sec. 9.04.10.08.120 Sec. 9.04.1 0.08.130 Sec. 9.04.10.08.140 Sec. 9. 04. 10.08.150 Sec. 9.04.1 0.08.160 Sec. 9.04.10.08.170 Sec. 9.04.10.08.180 Sec. 9.04.10.08.190 Sec. 9.04.1 0.08.200 Sec. 9.04.10.08.210 Sec. 9.04.1 0.08.220 General Provisions .............................................. 463 Number of Parking Spaces Required .................. 464 Residential .......................................................... 464 Commercial ......................................................... 466 Educational/Cultural ............................................ 467 Health Services ................................................... 468 Industrial Uses, Commercial Entertainment and Recreation ......................................................... 469 Miscellaneous ..................................................... 470 Number of Bicycle, Vanpool and Carpool Parking Spaces Required ................................ 471 Design Standards ................................................ 471 Parking Access in All Districts ............................. 471 Parking Access in Multi-Family Residential Districts .......................................... 471 Parking Access in Non-Residential Districts ....... 472 Driveways ............................................................ 472 Surfacing ............................................................. 472-1 Marking of Parking Spaces ................................. 472-1 Wheel Stops ........................................................ 4 72-1 Lighting ................................................................ 4 72-1 Landscaping ........................................................ 4 72-1 Screening ........................................................... : 472-1 Slope ................................................................... 472-1 Drainage .............................................................. 472-1 Location of Required Parking Spaces ................. 472-1 Subterranean Parking Structures ........................ 472-2 Semi-Subterranean Parking Structures .............. 472-2 Use of Required Off-Street Parking Spaces ....... 472-2 PART 9.04.10.10 OFF-STREET LOADING REQUIREMENTS ...................... 472-2 Sec. 9.04.1 0.10.010 Sec. 9.04.1 0.10.020 Sec. 9.04.1 0.10.030 Purpose ............................................................... 472-2 Applicability ......................................................... 472-2 General Provisions ................. : ............................ 4 72-2 PART 9.04.10.12 PROJECT MITIGATION MEASURES ....................... ; ...... .473 ·Sec. 9.04.1 0.12.010 Sec. 9.04.10.12.020 Sec. 9.04.1 0.12.030 Sec. 9.04.10.12.040 Project Mitigation Measures ................................ 473 In-Lieu Fees ........................................................ 473 On-Site or Off-Site Development ........................ 474 Use of In-Lieu Fees ............................................. 474 PART 9.04.1 0.14 HOUSING DEVELOPMENT INCENTIVES ........................ 475 Sec. 9.04.10.14.010 Sec. 9.04.10.14.020 Purpose ............................................................... 475 Ocean Park Density Bonuses ............................. 475 13 City of Santa Monica Zoning Ordinance
Sec. 9.04.10.14.030 Sec. 9.04.10.14.040 Sec. 9.04.1 0.14.050 Table 9.04.10.14.050 Sec. 9.04.10.14.060 Table 9.04.10.14.060 Sec. 9.04.10.14.070 Sec. 9.04.10.14.080 Sec. 9.04.1 0.14.090 Special Housing Development Standards ........... 475 State Incentives for Affordable Housing in Residential Zones-Density Bonuses ............. 476 Additional Density Bonus Increase in · Residential Zones ............................................. 476 Density Bonus Summary Table ........................... 476-1 State Incentives for Affordable Housing in Residential Zones ............................................. 476-1 Incentives/Concessions Summary Table ............ 476-2 Waiver/Modification of Development Standards for Housing Developments in Residential Zones ............................................. 476-2a Procedures .......................................................... 476-2a Exemptions from Development Review Thresholds ........................................................ 476-2b PART 9.04.1 0.16 DEMOLITIONS ................................................................... 476-2b Sec. 9.04.1 0.16.010 Demolition of Buildings and Structures ............... 476-2b PART 9.04.10.18 ALCOHOL OUTLETS ........................................................ 476-2c Sec. 9.04.10.18.010 Sec. 9.04.1 0.18.020 Sec. 9.04.1 0.18.030 Sec. 9.04.10.18.040 Sec. 9.04.10.18.050 Purpose and Findings ......................................... 476-2c Applicability ......................................................... 476-2c Approval .............................................................. 476-2d Exemptions ......................................................... 476-2d BSC-1 Exemptions .............................................. 4 76-2d PART 9.04.10.20 PRIVATE DEVELOPER CULTURAL ARTS. REQUIREMENT ...•...................................................•... ; ..... 476-3 Sec. 9.04.1 0.20.010 Sec. 9.04.1 0.20.020 Sec. 9.04.1 0.20.030 Sec. 9.04.1 0.20.040 Sec. 9.04.1 0.20.050 Sec. 9.04.1 0.20.060 Sec. 9.04.1 0.20.070 Sec. 9.04.1 0.20.080 Sec. 9.04.1 0.20.090 Sec. 9.04.1 0.20.1 00 Sec. 9.04.10.20.110 Sec. 9.04.1 0.20.120 Findings and Purpose ......................................... 476-3 Applicability ......................................................... 4 76-3 Definitions ........................................................... 4 76-3 Private Developer Cultural Arts Requirement ..... 476-4 On-Site Public Art Projects .................................. 476-4 Eligible On-Site Public Arts Projects ................... 476-4 Eligible On-Site Public Arts Project Expenditures .................................................. 476-4 Ineligible On-Site Public Arts Project Expenditures .................................................. 476-5 Process for Approval of Public Art for On-Site Installation ...................................................... 476-5 Additional Requirements for Public Art for On-Site Installation ......................................... 476-5 On-Site Cultural Facilities Alternative .................. 476-6 Cultural Arts Development Contributions ............ 476-6 14 City of Santa Monica Zoning Ordinance
Sec. 9.04.1 0.20.130 Sec. 9.04.10.20.140 Sec. 9.04.10.20.150 Sec. 9.04.10.20.160 Sec. 9.04.10.20.170 Declaration of Covenants, Conditions and Restrictions ..................................................... 476-6 Final City Approval .............................................. 476-6 Cultural Arts Trust Fund-Use of Funds ............. 476-7 Adoption by Resolution of the Per Square Foot Amount for On-Site Participation or In-Lieu Contribution ........................................ 476-7 Regulations ......................................................... 476-7 SUBCHAPTER 9.04.12 PERFORMANCE STANDARDS .................•...............•... 476-7 Sec. 9.04.12.01 0 Sec. 9.04.12.020 Sec. 9.04.12.030 Sec. 9.04.12.040 Sec. 9.04.12.050 Sec. 9.04.12.060 Sec. 9.04.12.070 Sec. 9.04.12.080 Sec. 9.04.12.090 Sec. 9.04.12.100 Sec. 9.04.12.110 Sec. 9.04.12.120 Sec. 9.04.12.130 Sec. 9.04.12.140 Sec. 9.04.12.150 Sec. 9.04.12.160 Sec. 9.04.12.170 Sec. 9.04.12.180 Purpose ............................................................... 476-7 Applicability ......................................................... 476-7 Large Family Day Care Homes ........................... 476-7 Automobile Dealerships ...................................... 477 Automobile Rental Agencies ............................... 478 Private Tennis Courts .......................................... 479 Senior Group Housing ......................................... 479 One-Story Accessory Living Quarters ................. 480 Game Arcades .................................................... 480 Surface Parking Lots Used for Automobile Storage in the BCD District .............................. 481 Surface Parking Lots Used for Non-Required Automobile Parking in the TP District... ............. 482 Sidewalk Cafes ................................................... 482 Service Stations .................................................. 482 Shelter for the Homeless ..................................... 483 Outdoor Antique Markets, ................................... 484 Film and Video Production in the TP District... .... 484-1 Commercial Nurseries in the TP District ............. 484-1 All-Electric Vehicle Automobile Dealership Showrooms ........................................................ 484-1 · SUBCHAPTER 9.04.13 USE PERMIT SPECIAL STANDARDS ..........•.........•..... 484-2 Sec. 9.04.13.01 0 Sec. 9.04.13.020 Sec. 9.04.13.030 Sec. 9.04.13.040 Sec. 9.04.13.050 Sec. 9.04.13.060 Purpose ................... : ...... : .................................... 484-2 Applicability ......................................................... 484-2 Outdoor Newsstands ........................................... 484-2 Second Dwelling Units in the R-1 & OP-1 Districts ............................................................. 485 One-Story Accessory Buildings Over Fourteen Feet in Height or Two-Story Accessory Buildings .......................................... 486 First-Floor Uses with a Third Street Promenade Frontage Exceeding Fifty Feet .......................... 486-a 15 City of Santa Monica Zoning Ordinance
SUBCHAPTER 9.04.14 SPECIAL CONDITIONS FOR CONDITIONAL USES .... 486-a Sec. 9.04.14.010 Sec. 9.04.14.020 Sec. 9.04.14.030 Sec. 9.04.14.040 Sec. 9.04.14.050 Sec. 9.04.14.060 Sec. 9.04.14.070 Sec. 9.04.14.080 Sec. 9.04.14.090 Sec. 9.04.14.100 Sec. 9.04.14.110 Sec. 9.04.14.120 Sec. 9.04.14.130 Purpose ..................................................... : ......... 486-a Applicability ......................................................... 486-a Child Day Care Centers in Residential Districts .. 486-a Service Stations .................................................. 486-1 Automobile Repair Facilities ................................ 488 Automobile Dealerships ...................................... 488-2 Automobile Rental Agencies in the C5, C6 and CC Districts ............................................... 490 Neighborhood Grocery Stores in Multi-Family Residential Districts .......................................... 491 Drive-In, Drive-Through, Fast-Food, and Take-Out Restaurants ............................... 491 Self-Service Storage Warehouse ........................ 492 One-Story Accessory Buildings Over 14 Feet in Height or Two Story Accessory Buildings With a Maximum Height of 24 Feet ............................................. 492 . Off-Site Hazardous Waste Facility ...................... 492a Automobile Washing Facilities ............................ 492-1 SUBCHAPTER 9.04.16 CONDOMINIUMS ........................................................... 492-2 Part 9.04.16.01 . Sec. 9.04.16.01 0 Sec. 9.04.16.020 Sec. 9.04.16.030 Condominiums Generally ................................. 492-2 Purpose ............................................................... 492-2 Applicability ......................................................... 492-2 Minimum Requirements ...................................... 492-2 SUBCHAPTER 9.04.16.02 CONDOMINIUM CONVERSIONS ............................. 492-4 Sec. 9.04.16.02.01 0 Sec. 9.04.16.02.020 Condominium Conversions ................................. 492-4 Office, Commercial, and Industrial Condominiums [Reserved] .................................. 493 SUBCHAPTER 9.04.18 NONCONFORMING BUILDINGS AND USES ............... 493 Sec. 9.04.18.010. Sec. 9.04.18.020 Sec. 9.04.18.030 Sec. 9.04.18.040 Sec. 9.04.18.050 Sec. 9.04.18.060 Sec. 9.04.18.070 Purpose ............................................................... 493 Legal, Nonconforming Buildings ......................... 493 Legal, Nonconforming Uses ................................ 495 Termination of Nonconforming Buildings and Uses .......................................................... 495 Public Utility Exceptions ...................................... 496 Building Permits or Certificates of Occupancy Prohibited ......................................................... 496 Removal of Illegal Nonconforming Buildings and Uses .......................................................... 496-1 16 City of Santa Monica Zoning Ordinance
Sec. 9.04.18.075 Sec. 9.04.18.080 Sec. 9.04.18.085 Rent Control Bootleg Units .................................. 496-1 Continuation of Nonconforming Uses ................. 496-1 Substantial Remodel ........................................... 496-1 SUBCHAPTER 9.04.20 ZONING ADMINISTRATION .......................................... 496-1 PART 9.04,20.02 GENERAL PROVISIONS ................................................... 496-1 Sec. 9.04.20.02.01 0 Sec. 9.04.20.02.020 Sec. 9.04.20.02.030 Purpose ............................................................... 496-1 Authority .............................................................. 496-2 Interpretations ..................................................... 496-2 PART 9.04.20.04 HOME OCCUPATION PERMITS .....•................................. 496-2 Sec. 9.04.20.04.01 0 Sec. 9.04.20.04.020 Sec. 9.04.20.04.030 Sec. 9.04.20.04.040 Sec. 9.04.20.04.050 Sec. 9.04.20.04.060 Purpose ............................................................... 496-2 Permit Required ................................ ; ................. 496-2 Findings ............................................................... 496-2 Prohibited Home Occupation Uses ..................... 497 Revocation .......................................................... 497 Appeal ................................................................. 498 PART 9.04.20.06 TEMPORARY USE PERMITS ........................................... 498 Sec. 9.04.20.06.01 0 Sec. 9.04.20.06.020 Sec. 9.04.20.06.030 Sec. 9.04.20.06.040 Sec. 9.04.20.06.050 Sec. 9.04.20.06.060 Sec. 9.04.20.06.070 Sec. 9.04.20.06.080 Purpose ............................................................... 498 Permitted Uses .................................................... 498 Permit Required .................................................. 498 Findings ............................................................... 498 Conditions of Approval ........................................ 499 Revocation .......................................................... 499 Appeal ....................... c ••••••••••••••••••••••••••••••••••••••••• 499 Notice .................................................................. 499 PART 9.04.20.08 PERFORMANCE STANDARDS PERMIT .......................... 499 Sec. 9.04.20.08.010 Sec. 9.04.20.08.020 Sec. 9.04.20.08.030 Sec. 9.04.20.08.040 Sec. 9.04.20.08.050 Sec. 9.04.20.08.060 Purpose ............................................................... 499 Permit Required .................................................. 499 Findings .... : .......................................................... 499 Term of Permit .................................................... 500 Revocation .......................................................... 500 Appeals ............................................................... 500 PART.9.04.20.10 VARIANCES .....................................•.................................. 500 Sec. 9.04.20.1 0.010 Sec. 9.04.20.1 0.020 Sec. 9.04.20.1 0.030 Sec. 9.04.20.1 0.040 Sec. 9.04.20.1 0.050 Purpose ............................................................... 500 Application .......................................................... 501 Applicability ......................................................... 501 Hearings and Notice ................................. : .......... 502 Findings ............................................................... 502 17 City of Santa Monica Zoning Ordinance
Sec. 9.04.20.1 0.060 Sec. 9.04.20.10.070 Sec. 9.04.20.10.080 Term of Permit .................................................... 502-1 Revocation .......................................................... 503 Appeals ............................................................... 503 PART 9.04.20.11 USE PERMITS ................................................................... 503 Sec. 9.04.20.11.010 Sec. 9.04.20.1 0.020 Sec. 9.04.20.1 0.030 Sec. 9.04.20.10.040 Sec. 9.04.20.1 0.050 Sec. 9.04.20.1 0.060 Sec. 9.04.20.1 0.070 Sec. 9.04.20.1 0.080 Purpose ............................... , ............................... 503 Application .......................................................... 503 Hearing and Notice ............................................. 503 Findings ............................................................... 503 Conditions ........................................................... 503 Term of Permit .................................................... 504 Revocation .......................................................... 504 Appeals ............................................................... 504 PART 9.04.20.12 CONDITIONAL USE PERMITS ......................................... 504 Sec. 9.04.20.12.01 0 Sec. 9.04.20.12.020 Sec. 9.04.20.12.030 Sec. 9.04.20.12.040 Sec. 9.04.20.12.050 Sec. 9.04.20.12.060 Sec. 9.04.20.12.060 Sec. 9.04.20.12.070 Purpose ............................................................... 504 Application .......................................................... 504-1 Hearing and Notice ............................................. 504-1 Findings ............................................................... 504-1 Conditions ........................................................... 504-1 Term of Perm it ........................................... .' ........ 504-1 Revocation .......................................................... 504-2 Appeals ............................................................... 504-2 PART 9.04.20.14 DEVELOPMENT REVIEW PERMIT ................................... 504-2 Sec. 9.04.20.14.01 0 Sec. 9.04.20.14.020 Sec. 9.04.20.14.030 Sec. 9.04.20.14.040 Sec. 9.04.20.14.050 Sec. 9.04.20.14.060 Sec. 9.04.20.14.070 Purpose ............................................................... 504-2 Application .......................................................... 504-2 Hearing and Notice ............................................. 504-2 Findings ............................................................... 504-3 Term of Permit .................................................... 504-3 Revocation .......................................................... 504-3 Appeals ............................................................... 504-4 PART 9.04.20.15 DESIGN COMPATIBILITY PERMIT.. ................................. 504-4 Sec. 9.04.20.15.01 0 Sec. 9.04.20.15.020 ·Sec. 9.04.20.15.030 Sec. 9.04.20.15.040 Sec. 9.04.20.15.050 Sec. 9.04.20.15.060 Sec. 9.04.20.15.070 Sec. 9.04.20.15.080 Purpose ............................................................... 504-4 Application .......................................................... 504-4 Hearing and Notice ............................................. 504-4 Findings ............................................................... 504-4 Term of Permit .................................................... 504-4 Revocation .......................................................... 504-5 Appeals .... , .......................................................... 504-5 Hearings .............................................................. 504-5 18 City of Santa Monica Zoning Ordinance
PART 9.04.20.16 AMENDMENTS OF COMPREHENSIVE LAND Sec. 9.04.20.16.01 0 Sec. 9.04.20.16.020 Sec. 9.04.20.16.030 Sec. 9.04.20.16.040 Sec. 9.04.20.16.050 Sec. 9.04.20.16.060 USE AND ZONING ORDINANCE ............... : ....... 504-5 Purpose ............................................................... 504-5 Initiation ............................................................... 504-5 Findings ............................................................... 504-5 Hearing and Notice ............................................. 504-5 AppMis ................................................. ~ ............ 505 Interim Zoning ..................................................... 505 PART 9.04.20.18 GENERAL AND SPECIFIC PLANS ................................... 505 Sec. 9.04.20.18.01 0 Sec. 9.04.20.18.020 Sec. 9.04.20.18.030 Sec. 9.04.20.18.040 Sec. 9.04.20.18.050 Sec. 9.04.20.18.060 Sec. 9.04.20.18.070 Sec. 9.04.20.18.080 Sec. 9.04.20.18.090 Sec. 9.04.20.18.1 00 Sec. 9.04.20.18.11 0 Sec. 9.04.20.18.120 Sec. 9.04.20.18.130 Sec. 9.04.20.18.140 Sec. 9.04.20.18.150 Sec. 9.04.20:18.160 Sec. 9.04.20.18.170 Purpose ............................................................... 505. Contents of the General Plan .............................. 505 Preparation and Adoption of the General Plan ... 505 Planning Commission Action .............................. 506 City Council Action .............................................. 506 Amendments to the General Plan ....................... 506 Restriction of Number of Amendments ............... 506 Initiation of Amendments to the General Plan ..... 506 Planning Commission Action on Amendments ... 506 City Council Action on Amendments ................... 507 Administration of the General Plan ..................... 507 Fees .................................................................... 507 Specific Plans ..................................................... 507 Contents of Specific Plans .................................. 507 Specific Plan Criteria ........................................... 507 Specific Plan Adoption and Amendment... .......... 507 Fees and Charges ............................................... 507 PART 9.04.20.20 APPLICATION AND FEES ................................................ 507 Sec. 9.04.20.20.010 Sec. 9.04.20.20.020 Sec. 9.04.20.20.030 Sec. 9.04.20.20.040 Sec. 9.04.20.20.050 Sec. 9.04.20.20.060 Sec. 9.04.20.20.070 Sec. 9.04.20.20.080 Purpose ............................................................... 507 Application Forms ............................................... 507 Determination of Completeness .......................... 508 Additional Information ......................................... 508 Fees .................................................................... 508 Who May File Application ................................... 508 Applicant Notification ........................................... 508 Posting of Property .............................................. 508 PART 9.04.20.22 HEARING PROCEDURES ................................................. 509 Sec. 9.04.20.22.010 Sec. 9.04.20.22.020 Sec. 9.04.20.22.030 Sec. 9.04.20.22.040 Purpose ............................................................... 509 Planning Commission Consideration of Zoning Administrator Permits ........................... 509 Environmental Review Determination ................. 509 Public Hearing Date ............................................ 509 19 City of Santa Monica Zoning Ordinance
Sec. 9.04.20.22.050 Sec. 9.04.20.22.060 Sec. 9.04.20.22.070 . Sec. 9.04.20.22.080 Sec. 9.04.20.22.090 Sec. 9.04.20.22.1 00 Sec. 9.04.20.22.11 0 Sec. 9.04.20.22.120 Sec. 9.04.20.22.130 Sec. 9.04.20.22.140 Notice of Hearings .............................................. : 509 [Reserved] Statement of Official Action ................................. 509 Notice of Statement of Official Action ................. 509 Effective Date of Decision ................................... 509 Time Limit for Approving Applications ................. 509 Extension of Deadline for Action ......................... 509 Request for Delay or Continue Consideration of an Application ........ , ..................................... 509 Reapplication ...................................................... 51 0 Amendments to Approved Projects and Conditions of Approval ..................................... 510 PART 9.04.20.24 APPEALS ..............•........................................................•... 510 Sec. 9.04.20.24.010 Sec. 9.04.20.24.020 Sec. 9.04.20.24.030 Sec. 9.04.20.24.040 Sec. 9.04.20.24.050 Appeal of Action .................................................. 510 Filing of Appeals .................................................. 510 Appeal Hearings .................................................. 510 Effective Date of Appealed Actions ..................... 510 Appeal Fees ........................................................ 51 0 PART 9.04.20.26 REDUCED PARKING PERMITS ........................................ 510 Sec. 9.04.20.26.01 0 Sec. 9.04.20.26.020 Sec. 9.04.20.26.030 Sec. 9.04.20.26.040 Sec. 9.04.20.26.050 Sec. 9.04.20.26.060 Sec. 9.04:20.26.070 Purpose ............................................................... 510 Application .......................................................... 510 Applicability ......................................................... 510 Hearings and Notice ...... ; ..................................... 511 Term of Permit .................................................... 511 Revocation .......................................................... 512 Appeals .... : .......................................................... 512 PART 9.04.20.28 ADMINISTRATIVE APPROVALS ...................................... 512 Sec. 9.04.20.28.01 0 Sec. 9.04.20.28.020 Sec. 9.04.20.28.030 Sec. 9.04.20.28.040 Sec. 9.04.20.28.050 Purpose ............................................................... 512 Permit Required .................................................. 512 Term of Permit .................................................... 512-1 Revocation .......................................................... 512-1 Appeals ............................................................... 513 PART 9.04.20.30 ENFORCEMENT ................................................................. 513 Sec. 9.04.20.30.01 0 Sec. 9.04.20.30.020 Sec. 9.04.20.30.030 Sec. 9.04.20.30.040 Sec. 9.04.20.30.050 Sec. 9.04.20.30.060 Sec. 9.04.20.30.070 Purpose ............................................................... 513 Responsibility ...................................................... 513 Violation of Conditions of Approval ..................... 513 Each Day Separate Violation ................... : .......... 513 Enforcement.. .......... ; ........................................... 513 Business License Revocation or Suspension ..... 513 Right to Appeal. ................................................... 513 20 City of Santa Monica Zoning Ordinance
Sec. 9.04.20.30.080 Sec. 9.04.20.30.090 Sec. 9.04.20.30.1 00 Enforcement Fees ............................................... 514 Citations .............................................................. 514 Criminal Sanctions .............................................. 514 PART 9.04.20.32 YARD MODIFICATION PERMITS ..................•.................. 514 Sec. 9.04.20.32.010 Sec. 9.04.20.32.020 Sec. 9.04.20.32.030 Sec. 9.04.20.32.040 Sec. 9.04.20.32.050 Sec. 9.04.20.32.060 Sec. 9.04.20.32.070 Sec. 9.04.20.32.080 Purpose ............................................................... 514 Application .......................................................... 514 Applicability························'································ 514 Hearings and Notice ............................................ 515 Findings ............................................................... 515 Term of Permit .................................................... 515 Revocation .......................................................... 515 Appeals ............................................................... 516 PART 9.04.20.34 ADJUSTMENTS ..............................................................•.. 516 Sec. 9.04.20.34.01 0 Sec. 9.04.20.34.020 · Sec. 9.04.20.34.030 Sec. 9.04.20.34.040 Sec. 9.04.20.34.050 Sec. 9.04.20.34.060 Sec. 9.04.20.34.070 Sec. 9.04.20.34.080 Sec. 9.04.20.34.090 Purpose ............................................................... 516 Application .......................................................... 516 Applicability ......................................................... 516 Notice of Application ........................................... 516 Request for Public Hearing ................................. 516-1 Review and Findings ........................................... 516-1 Appeals ... : ........................................................... 517 Term of Permit .................................................... 517 Revocation .......................................................... 517 CHAPTER 9.08 REPORT OF RESIDENTIAL BUILDING RECORDS ................. 517 Sec. 9.08.010 Sec. 9.08.020 Sec. 9.08.030 Sec. 9.08.040 Sec. 9.08.050 Sec. 9.08.060 Sec. 9.08.070 Sec. 9.08.080 Intent ................................................................... 518 Scope .................................................................. 518 Definitions ........................................................... 518 Report Required .................................................. 518 Application .......................................................... 518 Delivery of Report ............................................... 518 ·Criminal Sanctions .............................................. 518 Validity of Sale .................................................... 518. CHAPTER 9.12 PLANNING, ZONING AND LAND USE FEES .............. , ............. 518 Sec. 9.12.010 . Planning, Zoning and Land Use Fees .......... , ...... 518 CHAPTER 9.16 TRANSPORTATION MANAGEMENT ........................................ 519 Sec. 9.16.010 Sec. 9.16.020 Sec. 9.16.030 Sec. 9.16.040 Findings ............................................................... 519 Purpose and Objectives ...................................... 519 Definitions ........................................................... 520 Applicability ......................................................... 522 21 City of Santa Monica Zoning Ordinance
Sec. 9.16.050 Sec. 9.16.060 Sec. 9.16.070 Sec. 9.16.080 Sec. 9.16.090 Sec. 9.16.100 Sec. 9.16.110 Sec. 9.16.120 Sec. 9.16.130 Sec. 9.16.140 Sec. 9.20.18.040 Transportation Fee ..... , ........................................ 522 Deposit and Use of Fees ..................................... 523 Contents of Emission Reduction Plans ............... 523 Requirements for Employers of Ten to Forty-None Employees ..................................... 527 Procedures for Submission of Emission Reduction Plans & Worksite Transportation Plans ........................................ 528 Transportation Management · Associations (TMAs) ........................................ 528-1 Developer Emission Reduction Plans ................. 528-1 Procedure for Submission of Developer Plans ... 528-2 Enforcement. ....................................................... 528-2 Administrative Appeals ........................................ 528-3 Amendments to Approved Tentative Map ........... 529 CHAPTER 9.20 SUBDIVISIONS ........................................................................... 529 SUBCHAPTER 9.20.20 STANDARDS FOR DECISIONS .............................. 529 Sec. 9.20.20.010 Sec. 9.20.20.020 Sec. 9.20.20.030 Compliance with Condominium Law ................... 529 Nondiscrimination ................................................ 529 Air Space Subdivision ......................................... 529 SUBCHAPTER 9.20.02 GENERAl PROVISION & RESPONSIBILITIES ..... 529 Sec. 9.20.02.010 Sec. 9.20.02.020 Sec. 9.20.02.030 Sec. 9.20.02.040 Sec. 9.20.02.050 Sec. 9.20.20.060 Sec. 9.20.20.070 Sec. 9.20.20.080 Sec. 9.20.20.090 Sec. 9.20.20.1 00 Citation and Authority .......................................... 529 Purpose ............................................................... 529 Conformity to General Plan, Specific Plan & Zoning Ordinances ......................................... 529 Application ........................................................... 529 Definitions ............................................................ 529 City Attorney ........................................................ 530 City Council ......................................................... 530 City Engineer. ...................................................... 530 Planning Commission ......................................... 530-1 Director of Planning ............................................. 530-1 SUBCHAPTER 9.20.04 MAPS REQUIRED ................................................... 530-1 Sec. 9.20.04.010 Sec. 9.20.04.020 Sec. 9.20.04.030 Sec. 9.20.04.040 General ............................................................... 530-1 Five or More Parcels ........................................... 530-1 Four of Less Parcels ........................................... 530-1 Maps Not Required ............................................. 530-1 22 City of Santa Monica Zoning Ordinance
SUBCHAPTER 9.20.06 TENTATIVE SUBDIVISION MAPS .......................... 530-1 Sec. 9.20.06.010 Sec. 9.20.06.020 Sec. 9.20.06.030 Sec. 9.20.06.040 Sec. 9.20.06.050 Sec. 9.20.06.060 General ............................................................... 530-1 Form and Contents ............................................. 530-1 Accompanying Data and Reports ....................... 531 Submittal and Processing of Tentative Subdivision Maps ............................................. 532 . Approval .............................................................. 532 Vesting Tentative Map ........................................ 532 SUBCHAPTER 9.20.08 FINAL SUBDIVISION MAPS ................................... 532 Sec. 9.20.08.010 Sec. 9.20.08.020 Sec. 9.20.08.030 Sec. 9.20.08.040 Sec. 9.20.08.050 Sec. 9.20.08.060 Sec. 9.20.08.070 Sec. 9.20.08.080 Sec. 9.20.08.090 General. .............................................................. 532 Survey Required ................................................. 533 Form .................................................................... 533 Contents .............................................................. 533 Preliminary Submittal for City Approval. .............. 534 Return to Subdivider's Engineer for Corrections. 535 Resubmittal ......................................................... 535 Approval by the City Engineer and Planning Director. .......................................... : ................. 535 Approval .............................................................. 535 SUBCHAPTER 9.20.10 TENTATIVE PARCEL MAPS ................................... 535 Sec. 9.20.1 0.010 Sec. 9.20.1 0.020 Sec. 9.20.1 0.030 Sec. 9.20.1 0.040 Sec. 9.20.1 0.050 Sec. 9.20.10.060 Sec. 9.20.1 0.070 Sec. 9.20.1 0.080 General ............................................................... 535 Forms .................................................................. 535 Content ............................................................... 535 Accompanying Data and Reports ....................... 536 Submittal and Processing .of Tentative Parcel Maps ..................................................... 536 Approval .............................................................. 536 Waiver of Parcel Map .......................................... 536 Procedure for Waiver of Parcel Maps ................. 536 SUBCHAPTER 9.20.12 FINAL PARCEL MAPS ............................................ 536 Sec. 9.20.12.01 0 Sec. 9.20.12.020 Sec. 9.20.12.030 Sec. 9.20.12.040 Sec. 9.20.12.050 Sec. 9.20.12.060 Sec. 9.20.12.070 Sec. 9.20.12.080 Final Parcel Maps··································'············ 536 Survey Required ................................................. 537 Form and Content ............................................... 537 Preliminary Submittal for City Approval. .............. 537 Return to Subdivider's Engineer for Corrections. 537 Resubmittal ......................................................... 537 Approval by the City Engineer and Planning · Director ............................................................. 537 Approval of Final Parcel Map .............................. 537 23 City of Santa Monica Zoning Ordinance
SUBCHAPTER 9.20.14 PROCEDURES FOR APPROVAL FOR Sec. 9.20.14.01 0 Sec. 9.20.14.020 Sec. 9.20.14.030 Sec. 9.20.14.040 Sec. 9.20.14.050 Sec. 9.20.14.060 Sec. 9.20.14.070 Sec. 9.20.14.080 TENTATIVE TRACT MAPS ................................ 537 Notice of Public Hearings .................................... 537 Planning Commission Action .............................. 538 Approval .............................................................. 538 Denial ........... , ...................................................... 538 Report to City Council ...................... : .................. 538 Extension of Time for Planning Commission or City Council Action ....................................... 539 Appeal ................................................................. 539 Tenant Participating Conversion ·Processing Fees .............................................. 539 SUBCHAPTER 9.20.16 PROCEDURES FOR APPROVAL OF Sec. 9.20.16.010 Sec. 9.20.16.020 Sec. 9.20.16.030 Sec. 9.20.16.040 FINAL MAPS ...................................................... 539 Approval by City Council ..................................... 539 Denial by the City Council ................................... 539 Filing with the County Recorder .......................... 539 Submittal by Units ............................................... 539 SUBCHAPTER 9.20.18 EXPIRATION. EXTENSIONS AND Sec. 9.20.18.01 0 Sec. 9.20.18.020 Sec. 9.20.18.030 Sec. 9.20.18.040 AMENDMENTS ................................................... 540 Expiration ............................................................ 540 Extensions ........................................................... 540 Stay of Expiration ................................................ 540 Amendments to Approved Tentative Map ........... 540 SUBCHAPTER 9.20.20 STANDARDS FOR DECISIONS .............................. 540 Sec. 9.20.20.01 0 Sec. 9.20.20.020 Sec. 9.20.20.030 Compliance With Condominium Law .................. 540 Nondiscrimination ................................................ 540 Air Space Subdivision ......................................... 540-1 CHAPTER 9.24 MASTER PLAN ........................................................................... 541 Sec. 9.24.010 Sec. 9.24.020 Sec. 9.24.030 Sec. 9.24.040 Sec. 9.24.050 Sec. 9.24.060 Sec. 9.24.070 Sec. 9.24.080 Sec. 9.24.090 Sec. 9.24.100 Purpose ............................................................... 541 Conservation Plan ............................................... 541 Land Use Plan .................................................... 541 Recreation Plan ...... , ............................................ 541 Streets and. Highway Plan ................................... 541 Transportation Plan ............................................. 541 Transit Plan ......................................................... 541 Public Services and Facilities .............................. 541 Public Building ..................................................... 541 Community Design .............................................. 541 24 City of Santa Monica Zoning Ordinance
Sec. 9.24.110 Sec. 9.24.120 Sec. 9.24.130 Sec. 9.24.140 Sec. 9.24.150 Sec. 9.24.160 Housing ............................................................... 541 Additional Plans and Data ................................... 541 Amendments, Extensions and Additions ............. 542 New or Revised Elements ................................... 542 General Purposes of the Plan ............................. 542 Adoption of a Master Plan ................................... 542 CHAPTER 9.28 lnclusionary Housing [Chapter Removed May 2005] CHAPTER 9.32 ARCHITECTURAL REVIEW ....................................................... 542 Sec. 9.32.010 Sec. 9.32.020 Sec. 9.32.030 Sec. 9.32.040 Sec. 9.32.050 Sec. 9.32.060 Sec. 9.32.070 Sec. 9.32.080 Sec: 9.32.090 Sec. 9.32.100 Sec. 9.32.110 Sec. 9.32.120 Sec. 9.32.130 Sec. 9.32.140 Sec. 9.32.150 Sec. 9.32.160 Sec. 9.32.170 Sec. 9.32.180 · Purpose ............................................................... 542 Definitions ........................................................... 543/47 Architectural Review Board--Membership ........... 543/47 Guidelines and Standards ................................... 543/47 Guidelines and Standards --Submission for Approval --Maintenance and Availability of Copies ........................................ 549 Appointment and Term of Office ......................... 549 Rules ................................................................... 549 Officers, Election of Officers ............................... 549 Secretary ............................................................. 549 Meetings .............................................................. 549 Architectural Review Districts .............................. 549 Jurisdiction .......................................................... 549 Procedure for Review .......................................... 550 Criteria ................................................................. 550 Site Plans ............................................................ 550 Appeals ............................................................... 550 Architectural Review District Boundaries ............ 551 Posting of Property .............................................. 551 CHAPTER 9.36 LANDMARKS AND HISTORIC DISTRICTS ............................... 551 Sec. 9.36.010 Sec. 9.36.020 Sec. 9.36.030 Sec. 9.36.040 Sec. 9.36.050 Sec. 9.36.060 Sec. 9.36.070 Sec. 9.36.080 Sec. 9.36.090 Sec. 9.36.100 Sec. 9.36.110 Sec. 9.36.120 Sec. 9.36.130 Title ................................................................... :. 551 Purpose ........... " ................................................... 551 Definitions ........................................................... 552 Landmarks Commission ...................................... 552 Vacancies ........................................................... 552 Powers ................................................................ 552 Jurisdiction .......................................................... 553 Structure of Merit Criteria .................................... 553 Structure of Merit Designation Procedure ........... 553 Landmark or Historic District Designation Criteria .............................................................. 554 Public Spaces ................................... , ................. 554 Landmark Designation Procedure ....................... 554 Historic District Designation Procedure ............... 555 25 City of Santa Monica Zoning Ordinance
Sec. 9.36.140 Sec. 9.36.150 Sec. 9.36.160 Sec. 9.36.170 Sec. 9.36.180 Sec. 9.36.190 Sec. 9.36.200 Sec. 9.36.210 Sec. 9.36.220 Sec. 9.36.230 Sec. 9.36.240 Sec. 9.36.250 Sec. 9.36.260 Sec. 9.36.270 Sec. 9.36.280 Sec. 9.36.290 Sec. 9.36.300 Alterations and Demolitions: Criteria for Issuance of a Certificate of Appropriateness ... 557 Certificate of Appropriateness for Structures of Merit ................................................................. 557 Certificate of Economic Hardship ........................ 558 Certificate of Appropriateness/ Certificate of Economic Hardship Procedure ...... 559 Appeals ............................................................... 560 Maintenance and Repair ..................................... 561 Unsafe or Dangerous Conditions ........................ 561 Ordinary Maintenance ......................................... 562 Map ........................................................... : ......... 562 Voluntary Restrictive Covenants ......................... 562 Waiver ................................................................. 562 Extension of Certificate of Appropriateness ........ 562 Recordation of Landmarks and Historic Districts .................................................. 562 Preservation Incentives ....................................... 562 CEQA Time Extensions ...................................... 562-1 The Third Street Neighborhood Historic District.. 562-1 The Bay Craftsman Cluster Historic District.. ...... 563 CHAPTER 9.40 THE THIRD STREET NEIGHBORHOOD HISTORIC DISTRICT Sec. 9.40.010 Sec. 9.40.020 Sec. 9.40.030 Sec. 9.40.040 Sec. 9.40.050 Sec. 9.40.060 Sec. 9.40.070 Sec. 9.40.080 Sec. 9.40.090 Sec. 9.40.1 00 Sec. 9.40.110 STANDARDS ...................................................... 564 Definitions ........................................................... 564 Applicability ......................................................... 564-1 Criteria For Issuance of Applications .................. 564-2 Procedures .......................................................... 565 Demolition ................................. : ......................... 567 Architectural Review Board Exemption ............... 567 . . Design Guidelines ............................................... 567 Maintenance and Repair ..................................... 567 Citizen Participation ............................................ 567 Conceptual Review by Landmarks Commission. 567 Landscape Survey .............................................. 568 CHAPTER 9.44 SEXUALLY-ORIENTED BUSINESS .......................................... 569 Sec. 9.44.010 Sec. 9.44.020 Sec. 9.44.030 Sec. 9.44.040 Sec. 9.44.050 Sec. 9.44.060 Sec. 9.44.070 Sec. 9.44.080 Statement of Purpose ......................................... 568 Location of Sexually-Oriented Businesses .......... 568 Definitions ........................................................... 568 Amortization of Non-Conforming Uses ................ 570 Processing and Approval of Business License Applications .................................................... 570-1 Business License Validity and Conditions ........... 570-1 Sale or Transfer of Business ............................... 570-1 Displays ............................................................... 570-1 26 City of Santa Monica Zoning Ordinance
Sec. 9.44.090 Judicial Review .................................................... 570-1 CHAPTER 9.48 DEVELOPMENT AGREEMENTS ............................................... 570-2 Sec. 9.48.010 Sec. 9.48.020 Sec. 9.48.030 Sec. 9.48.040 Sec. 9.48.050 .Sec. 9.48.060 Sec. 9.48.070 Sec. 9.48.080 Sec. 9.48.090 Sec. 9.48.100 Sec. 9.48.110 Sec. 9.48.120 Sec. 9.48.130 Sec. 9.48.140 Sec. 9.48.150 Sec. 9.48.160 Sec. 9.48.170 Sec. 9.48.180 Sec. 9.48.190 Sec. 9.48.200 Sec. 9.48.210 Authority and Scope ............................................ 570-2 Application Forms ............................................... 570-2 Fees .................................................................... 570-2 Qualified Applicant .............................................. 570-2 Proposed Agreement .......................................... 570-2 Filing of Application ............................................. 570-2 Review of Application .......................................... 570-2 Duty to Give Notice ............................................. 570-2 Processing .......................................................... 570-2 Notice of Intention ............................................ : .. 570-2 Manner of Giving Notice ..................................... ~ 571 Failure to Receive Notice .................................... 571 Hearing and Recommendation of Planning Commission ..................................................... 571 Hearing by City Council .. , .................................... 571 Decision by City Council. ..................................... 571 Approval of Development Agreement ................. 571 Amendment and Cancellation ............................. 571 Recordation ......................................................... 571 Periodic Review .................................................. 571 Modification or Termination ................................. 572 Irregularity in Proceedings ................................... 572 CHAPTER 9.52 SANTA MONICA SIGN CODE .................................................... 571 Sec. 9.52.010 Sec. 9.52.020 Sec. 9.52.030 Sec. 9.52.040 Sec. 9.52.041 Sec. 9.52.050 Sec. 9.52.060 Sec. 9.52.070 Sec .. 9. 52.080 Sec. 9.52.090 Sec. 9.52.1 00 Sec. 9.52.110 Sec. 9.52.120 Sec. 9.52.125 Sec. 9.52.130 Sec. 9.52.135 Sec. 9.52.140 Sec. 9.52.150 Sign Code ........................................................... 572 Findings and Purpose ......................................... 572 Definitions ........................................................... 573 Sign Permit. ......................................................... 575 Landmarks Commission Review ......................... 575 Fees .... : ............................................................... 575 Sign Permit Application Procedures .................... 575 Review of Sign Permit Applications ..................... 575 .Action on Sign Permit Applications ..................... 575 Appeal ..... ; ........................................................... 576 Time for Exercising Sign Permit and Proof of Compliance ...................................................... 576 Administrative Approval of Sign Permits ............. 576 Sign Adjustment .................................................. 576 Exempt Signs ...................................................... 577 Permanent Signs Exempt from ARB Approval. ... 577 Temporary Sign Regulations ............................... 577 Permitted Signs ............. ; ..................................... 578-1 Prohibited Signs ............ : ..................................... 578-1 27 City of Santa Monica Zoning Ordinance
Sec. 9.52.160 Sec. 9.52.170 Sec. 9. 52.180 Sec. 9.52.190 Sec. 9.52.200 Sec. 9.52.210 Sec. 9.52.220 Sec. 9.52.230 Sec. 9.52.240 Sec. 9.52.250 Total Sign Area Permitted by District .................. 578-1 Bayside District Specific Plan Area ..................... 578-2 Maintenance ....................................................... 578-2 · Consent of Property Owner ................................. 578-2 Signs on Street... ................................................. 578-2 Removal or Modification of Prohibited Nonconforming Signs ....................................... 578-2 Building Officer's Powers .................................... 579 Enforcement. ....................................................... 579 Sign Handbook [removed 8/01] Meritorious Signs [removed 8/01] CHAPTER 9.56 AFFORDABLE HOUSING PRODUCTION PROGRAM .............. 579 Sec. 9.56.010 Sec. 9.56.020 Sec. 9.56.030 Sec. 9.56.040 Sec .. 9.56.050 Sec .. 9.56.060 Sec. 9.56.070 Sec. 9.56.080 · Sec. 9.56.090 Sec. 9.56.1 00 Sec. 9.56.110 Sec. 9.56.120 Sec. 9.56.130 Sec. 9.56.140 Sec. 9.56.150 Sec. 9.56.160 Sec. 9.56.170 Findings and Purpose ......................................... 580 Definitions ........................................................... 580 Applicability of Chapter ....................................... 580 Affordable Housing Obligation ............................ 580-1 On-Site Option .................................................... 580-1 Off-Site Option .................................................... 580-2 Affordable Housing Fee ...................................... 580-2 Land Acquisition ................................................. 580-3 Fee Waivers ........................................................ 580-3 Pricing Requirements for Affordable Housing Units .............................................. 580-3 Eligibility Requirements ....................................... 580-4 Relation to Units Required by Rent Control Board .............................................. 580-4 Deed Restrictions ................................................ 580-4 Enforcement. ....................................................... 580-4 Annual Report ._ .................................................... 580-4 · Principles and Guidelines .................................... 580-4a Adjustments or Waivers ...................................... 580-4a CHAPTER 9.60 HISTORIC RESOURCE DISCLOSURE ....................................... 580-5 Sec. 9.60.010 Sec. 9.60.020 Sec. 9.60.030 Definitions ........................................................... 580-5 Disclosure of Historic Resources ........................ 580-5 Remedies ............................................................ 580-5 CHAPTER 9.64 CITY COUNCIL CEQA APPEALS 580-5 Sec. 9.64.010 City Council CEQA Appeals .............................. 580-5 CHAPTER 9.68 CHARITABLY FUNDED PUBLIC PROJECTS 580-6 Sec. 9.68.010 Processing of Charitably Funded Public Public Project ............................................... 580-6 28 City of Santa Monica Zoning Ordinance
CHAPTER 9.72 CHILD CARE LINKAGE PROGRAM Sec. 9.72.010 Sec. 9.72.020 Sec. 9.72.030 Sec. 9.72.040 Sec. 9.72.050 Sec. 9.72.060 Sec. 9.72.070 Sec. 9.72.080 Sec. 9.72.090 Sec. 9.72.100 Sec. 9.72.110 Sec. 9.72.120 Findings and Purpose Applicability of Chapter Definitions Child Care Requirement Fee Adjustments or Waivers Fee Revenue Account Use of Funds Automatic Annual Adjustment Annual Report Refunds Fee Revision By Resolution Regulations CHAPTER 9.73 TRANSPORTATION IMPACT FEE PROGRAM Sec. 9.73.010 Sec. 9.73.020 Sec. 9.73.030 Sec. 9.73.040 Sec. 9.73.050 Sec. 9.73.060 Sec. 9.73.070 Sec. 9.73.080 Sec. 9.73.090 Sec. 9.73.100 Sec. 9.73.110 f:\plan\share\permdoc\tablezo 09-08 Findings and Purpose Applicability of Chapter Definitions Map of Transportation Impact Fee Areas Transportation Mitigation Requirement Fee Adjustments of Waivers Fee Revenue Account Distribution of Transportation Impact Fee Funds Periodic Review & Adjustment of Transportation Impact Fees Fee Refunds Fee Revision by Resolution Regulations 580-6 580-6 580-6 580-6 .580-7 580-8 580-8 580-8 580-9 580-9. 580-9 580-9 580-9 580-9 580-9 580-9 580-10 580-10 580-11 580-12 580-12 580-12 580-13 580-13 580-13 580-13 29 City of Santa Monica Zoning Ordinance
City of Santa Monica City Planning Division Zoning Ordinance Introductory Information This introductory information to the Zoning Ordinance is intended to assist members ofthe public in understanding key elements of the development process in the City of Santa Monica. Included herein are: 1) notes on application and design tips for applicants; 2) a brief discussion of recent history of land use regulation in Santa Monica; 3) a description of the relationship between the General Plan and zoning; 4) a discussion of Planning Commission procedures; 5) a discussion of Architectural Review Board procedures; 6) a list of Planning publications; and 7) a list of agency addresses and telephone numbers. APPLICATION AND DESIGN TIPS FOR PROSPECTIVE APPLICANTS AND PLANNING PERMITS These notes on the development process are not part of the Zoning Ordinance and do not represent a complete list of all planning or processing requirements. They are simply intended to alert interested persons to some key aspects of the development process in the City of Santa Monica. Review of this information is in no way a substitute for careful review of the relevant laws, policies, plans, and application forms. Santa Monica's development process is complex and requires that applicants carefully review development requirements and procedures before initiating a development project. Applicants have responsibility for proceeding in full compliance with these requirements. -Understand the rules and processing timelines before you commit to a project. -Review the Zoning Ordinance in detail in relation to permitted types of developments, allowable height and intensity, setbacks, etc. -Identify the zoning of the property in question. Zoning maps are available at the City Planning Division public counter. -Besides looking at the development standards for the zone in which the property is located, be sure to review other sections of the Zoning Ordinance which may apply to your project including the parking standards section, the project design standards section, the landscape requirements section, the subdivision section, etc. -Determine if there are any new ordinances, policies, or moratoriums which might affect your plans. These items may not be reflected in the published version of the Zoning Ordinance but should be available separately at the City Planning Division public counter. -If you are planning a project in an "OP" zone, obtain a copy of the "Ocean Park Neighborhood Development Guide". 29 City of Santa Monica Zoning Ordinance
-If you are planning a project in the Hospital Area, obtain a copy of the "Hospital Area Specific Plan". -If you are planning a project in the downtown core area, obtain a copy of the "Bayside District Specific Plan". -If you are developing a new building, obtain a copy ofthe "Architectural Review Design Guidelines". -Determine if the property is subject to Rent Control and the relationship of the Rent Control law to your proposed project. · -Determine if the project site is in the Coastal Zone, and if a Coastal Permit is necessary. A map of the Coastal Zone is included in this memorandum. Contact the State of California Coastal Commission for information on processing requirements if your project is in the Coastal Zone. -Identify the permit process for the proposed. This may include Rent Control permits, zoning permits, Architectural Review Board permits, Building permits, Environmental and Public Works Management approvals, Parking and Traffic approvals, and Coastal Commission approvals. Handouts for several Planning permit processes are available at the Planning counter. -Find out permit costs and mitigation fee requirements. There are processing fees for most permits, and for some types of projects, there are special mitigation fee requirements. A partial list of development-related fees is available at the Planning counter . . -Obtain copies of relevant application forms, which describe application requirements in detail. -Talk to project area neighbors and any organized neighborhood groups. Addressing neighborhood concerns is a critical part of the planning process. -ARB. Except for projects in the R1 zone, Architectural Review Board review is required of all projects involving construction of new buildings or all remodels or additions affecting the exterior of existing buildings. ARB review occurs after the project has received any other discretionary approvals or Administrative Approval permit. ARB approval is also required for signage, landscaping, and irrigation plans. -Provide clear, fully-dimensioned plans. For development projects, the services of a professional designer are highly recommended .. -Provide notes on plans showing height and grade calculations, parking and loading space calculations, setback calculations, lot coverage and. FAR calculations (as applicable). 30 City of Santa Monica Zoning Ordinance
-For projects in the OP zones, provide cross section of theoretical grade calculation. -Provide plot plan showing existing layout of adjacent properties and uses. -Show front profiles of structures on adjacent properties. -Where mailed notices are required, please note that notices to both property owners and tenants within the required radius is mandated. -Consider the existing context of the neighborhood in your design, including the scale, architectural style, and streetscape relationships. -Consider placing highest elements of building to the center of the site and stepping down the height of the building on the side, front and rear of building to mitigate effects of adjacent properties. -Pull any roof decks back from sides of building to preserve privacy of neighbors. (Decks should be located at least three feet from sides of building.) -Limit subterranean areas. Minimize the size of any subterranean parking or basement area to provide maximum unexcavated areas for trees and large shrubs to grow. -Articulate all sides of the building. -Show trash and recycling area on plans. Such areas must be screened from view. -Show the location of any mechanical equipment (including rooftop equipment) as well as gas and water meters on plans. -Maximize landscaping and include a conceptual landscaping plan. Preserve existing trees on the site where possible. -Show location of existing street trees, fire hydrants, bus stops, street lights, etc. in relation to the project. -Consult with owners and residents of adjacent properties regarding your design as well as the staff of the Neighborhood Support Center. -Obtain required preliminary Environmental and Public Works Management Department stamp on plans and required Parking and Traffic stamp on parking and circulation layout. -Provide documentation of Rent Control clearances for properties with controlled rental units. 31 City of Santa Monica Zoning Ordinance
A BRIEF HISTORY OF SANTA MONICA Prior to the arrival of the first Europeans in the 16th Century, the Los Angeles Basin was occupied by two major Native California cultures: the Gabrielino and the Chumash. The territory of the Gabrielino included most of the present-day Los Angeles and Orange counties plus several offshore islands (San Clemente, Santa Catalina, and San Nicolas). The Chumash occupied the four northern Channel Islands, the interior to the edge of the San Joaquin Valley, and the costal area between Morro Bay and Malibu. Santa Monica may have been an area where these cultures overlapped. Before the development of the Gabrielino and Chumash cultures, human inhabitants of the Southern California area can be traced back at least 10,000 years before present, to the end of the Ice Age. Little information about these early cultures is available due to intensive development of the area and the loss of archeological sites that may have existed. On October 9, 1542, Juan Rodriguez Cabrillo, Spanish conquistador, dropped anchor in what is thought to be Santa Monica Bay. In 1769, due to Gasparde Portola's occupation and exploration of Alta California, the land north of Baja California came under the rule of the King of Spain. On May 4, 1769, legend has it, Spanish soldiers exploring the area stopped at a spring (site of University High School in West Los Angeles) to refresh themselves. The spring reminded the soldiers of the tears that Saint Monica shed for her erring son, who was later to become Saint Augustine. The day that they happened to be at the spring was Saint Monica's day on the religious calendar, thus giving rise to the derivation of the name for the area. In 1822, the land passed from Spanish rule to the Mexican Republic, and starting in 1828, the land that was later to become the City of Santa Monica came under private ownership. In that year, Don Francisco Sepulveda was given possession of the title to San Vicente y Santa Monica. The rancho included the area between the canyon to what is now Pica Boulevard and northeasterly into the Westwood region. In 1839, Ysidro Reyes and Francisco Marquez were provisionally granted the rancho known as Boca de Santa Monica, part of which is now the northwestern area of the City of Santa Monica. In 1848, California became a United States possession and attained statehood in 1850. In 1872, a cattleman from the San Joaquin Valley, Colonel R. S. Baker, visited the area and decided that it would make a good sheep ranch. He bought the San Vicente Rancho from Sepulveda's heirs for $55,000 and later purchased a portion of the Reyes-Marques property. North of the arroyo (the freeway) that separated the two properties, Baker was making plans with General E. F. Beal and several wealthy backers in 1874 to build the City of Truxton. The City was to have wharves for the Pacific mail steamships and a railroad that was to be the western terminus ofthe southern transcontinental line. It never got past the planning stage. During that time, however, at the foot of what is now Colorado Avenue, a small landing was built from which large quantities of asphaltum was shipped to San Francisco. The tar was brought to the landing from the Brea Rancho by ox carts, thus providing the first commerce to the area. 32 City of Santa Monica Zoning Ordinance
In 1874, a man who was to have a great impact on the area arrived on the scene, Senator John P. Jones. He was the U.S. Senator from Nevada from 1873 to 1903 and had formerly been a bank clerk, sailor, mine worker and the Sheriff of Trinity County. He had amassed a fortune in the silver fields of Nevada and was known to have railroad building ambitions. 1875: Year of Founding In January, 1875, it was announced that Jones had purchased a major interest in Baker's San Vicente Rancho for $162,000. It was also proclaimed that Jones and Baker would build a railroad toward the east that would break the Southern Pacific Railroad's monopoly in Southern California. On July 1Oth, a townsite plat was filed with the County Recorder for the development of a city. The 2.4 square mile site was bounded by Montana Avenue, 26th Street, Colorado Avenue (then known as Railroad Avenue) and the Pacific Ocean. On Wednesday, July 15, 1875, the lots were put on the auction block. On that hot and dry day, in a carnival atmosphere, the lots sold for between $500 for a lot on Ocean Avenue to $75 for a 50' by 150' lot that was a few blocks inland .. Later in the year, the Santa Monica School District was organized as a political unit of the State; the Outlook began publication as a weekly newspaper; the first sport organization was formed, a baseball team called the Bonitas; and the first fire company, the Crawford Hook and Ladder Company, came into existence. In 1879, the Southern Pacific removed the wharf at the foot of Railroad Avenue (Colorado) because it was claimed that most of the piles would have to be replaced due to the . damage done by worms. It was later claimed by the Outlook that based on physical evidence, the wharf could have been saved for a comparatively small cost because the worm damage was minor. With the removal of the wharf, business dropped off, partnerships dissolved, mortgages were foreclosed, arid the population of the town declined. By the 1880 census, the town and the entire Township had a total of only 417 persons. The City's electorate went to the polls in November, 1886, and voted 97 to 71 to incorporate Santa Monica. The following year, an economic boom swept over Southern California and Santa Monica shared in the excitement. During the year 1887, hotels were constructed, including the luxurious Arcadia, which was named after Colonel Baker's wife. A four and one-half mile horse car line was chartered that provided transportation within the City. For a brief period starting in the late 1880s, many railroad companies became interested in Santa Monica as a terminus for their respective lines. In 1889, the Los Angeles and Pacific Railroad was built from Burbank to Ocean and Utah (Broadway) Avenues; and, in 1892, a · subsidiary of the Santa Fe Railway completed a branch line to South Santa Monica from Inglewood via Bailon a Junction. The Santa Fe named its new depot Ocean Park. It was during this time that the Southern Pacific renewed its interest in the development of the area and consequently revised its assessment of Santa Monica as a port. Southern Pacific 33 City of Santa Monica Zoning Ordinance
proceeded to extend the tracks up the coast to the mouth of Potrero Canyon where it built the "long wharf". The 4,750 foot long wharf opened in 1892 and was officially christened the Port of Los Angeles. The shipping and commerce which had been lost in 1879 was temporarily regained. By 1895, the Santa Fe had completed its own wharf (500 feet long) about 200 feet south of Hill Street, and the line was running seven trains daily during the summer to the resort side of town. In 1896, the first electric railway cars reached the town over the Pasadena and Pacific's tracks which later became part of the sprawling Pacific Electric system. In the mid-90s, trolley parties were a popular form of entertainment and cyclemania was sweeping Southern California. Plans were made to construct a bicycle path from Santa Monica to . Los Angeles. The first electric light plant was built in 1894. In 1896, the new Police Department consisted of two officers. As the 19th century drew to a close, so did Santa Monica's place in history as a major port in Southern California. In 1897, after many years of struggle in the Congress and between the cities of Los Angeles and Santa Monica, the federal government selected the San Pedro area over Santa Monica Bay for the site of a new deep water harbor. Thus ended Santa Monica's bid as a port. 1900 To The End of World War II In 1900, the population of the town was 5,526 persons. That year, the Santa Fe abandoned its right-of-way in South Santa Monica. In the November election, the proposed division of Santa Monica along Front Street (Pica Boulevard) into two cities was defeated by a vote of 341 to 59. At the same election, a prohibition ordinance was passed (305 to 218) that changed the town from what was referred to as a wide open and tough place to a no-saloon town. In 1903, however, the prohibition ordinance was for all practical purposes rescinded by a vote of 544 to 287. The same election saw the defeat of another attempt to partition the town (400 to 59). In 1903, Santa Monica's first official City Hall was built at the corner of Oregon Avenue (Santa Monica Boulevard) and 4th Street. A special census in 1905 disclosed that the town had grown to 7,208 persons. The southern part of town, now commonly referred to as Ocean Park, was an important business center as well as summer resort. In 1906, the area north of Montana Avenue, including San Vicente Boulevard, became part of the City. Also during that year, a charter that was drawn up by the previously elected board of freeholders was accepted by the electorate and later in the year, the first council consisted of seven members who were elected from seven separate wards. That form of municipal government lasted until1914, when the City's second charter established a commission form of government by popular vote. In 1915, the era of street paving to accommodate increasing automobile traffic began. On April 10, 1917, the State of California made grant to the City for the tidelands. This act made the City's waterfront activities possible, including the breakwater and yacht harbor for which Santa Monicans voted a $690,000 bond issue in 1931. 34 City of Santa Monica Zoning Ordinance
A bond issue in 1917 enabled. the City to acquire the plants and water sources of four water companies for the establishment of a municipal water system. That year, a move to become annexed to the City of Los Angeles was defeated by a 2,662 to 1 ,445 vote. The question of annexation was put before the electorate again in 1924 and was also unsuccessful. By the late 1920s, Santa Monica completely assured its water supply by becoming an original member of the Metropolitan Water District, thus thwarting future attempts to annex Santa Monica to Los Angeles. · During the early 1920s, there was a building boom in Southern California. It was during that period that Donald Douglas began constructing military airplanes in a former movie studio at 25th Street and Wilshire Boulevard. In 1924, four specially built Douglas World Cruisers took off from Clover Field for the first successful around-the-world flight. In 1925, Douglas moved the company to Clover Field and in 1926, voters approved an $860,000 bond issue to buy the airfield. In 1925, Santa Monicans voted bonds in the sum of $120,000 toward the purchase of the site for the State University at Westwood (UCLA). The Santa Monica Municipal Bus Line was formed in April1928. Santa Monica Junior College opened in 1929 with an enrollment of 152 and five years later it had 890 persons in the student body. The Miles Playhouse opened in 1929. In the early 1930s, a charter amendment to provide for a municipal manager form rather than a commission form of government was defeated at the polls. Gambling games were also voted out of town in the same election. The Long Beach earthquake on March 10, 1933, caused structural damage to many public facilities in Santa Monica. As a result of the temblor, school students attended classes in tents until school buildings could be repaired or replaced. Toward the end of the depression decade, the present City Hall was erected. The war years were busy years for Santa Monicans. The camouflaged Douglas plant was working around the clock to produce aircraft for the war effort. Black outs and barrage balloons were commonplace in the City. 1945 to 1974 Fifteen freeholders were elected to draft a new City charter in December, 1945, and eleven months later, the electorate voted for a council-manager form of government. In 1949, the five million gallon reservoirs under San Vicente Boulevard and on Mount Olivette were completed and the Crystal Pier was demolished. Construction was started that year on the municipal swimming pool and on the County Court House in the Civic Center. The Redevelopment Agency was. formed in 1949, and it subsequently designated the area to the south of Ocean Park Boulevard and to the west of Neilson Way as the initial project site. By 1958, the new Civic Auditorium was completed, as well as the new Police facilities wing at City Hall. At a special election in August, 1960,.Santa Monicans rejected an oil drilling proposal for the bay, as they had done in 1954, and were later to do in 1968. Construction was started on the 25 million gallon reservoir at the Riviera Country Club. 35 City of Santa Monica Zoning Ordinance
Voters approved a bond issue in 1962 to replace the 58 year old Library at 5th Street and Santa Monica Boulevard with a new 70,000 square foot structure at 6th Street and Santa Monica Boulevard. In 1964, construction work started on the twin 17 story structures in the Ocean Park Redevelopment Project. The Santa Monica Mall was completed in the fall of 1965. January 1966 brought the official opening of the freeway after five years of construction. In 1966, work was started on the first two downtown parking structures, and the demolition of the landmark Sorrento Club at the foot of the Palisades was completed. The Memorial Park Gymnasium was built in 1971. On April1 0, 1973, Santa Monica voters passed a charter amendment that prohibited future off-shore development without first obtaining the approval of the electorate. !97 4-5 brought the demolition of the Lick and Ocean Park Piers and work was started on razing the Douglas plant, thus ending an era. · RECENT HISTORY OF SANTA MONICA'S LAND USE REGULATIONS Development projects are often of concern to the community, New developments can change the character of a neighborhood by removing existing buildings and replacing them with new uses, different architectural styles, larger buildings, and a greater intensity of activity. Impact on traffic congestion, air quality, water consumption, shadows, housing affordability and neighborhood businesses can also be of concern. Construction period impacts, including noise, dust gener?tion, and construction period parking can be problems. Development also can result in positive changes for the community by replacing deteriorated, outmoded, or unsafe buildings, or by providing new services and job opportunities. Regardless of one's perspective on development, for those concerned with it, understanding the development review process is critical in order to participate effectively in it. The history of land use regulation in Santa Monica has been marked by a continued progression and refinement of regulations. The City's decision makers have responded to changing concerns by enacting a variety of laws which have affected both the process by which development is considered, and the substance of that development. In the early 1970s, Santa Monica's development regulations were significantly different from today's rules. For example, there were no height limits on commercial development in the downtown or along the City's major boulevards such as Wilshire, Lincoln, Main Street or Santa Monica Boulevard. In the mid-1970s, limits of twelve stories were imposed on these areas. Then, in the early 1980s, a commercial development moratorium was enacted to provide an opportunity for enacting sweeping changes to the City's development standards and procedures. The 1981 moratorium ultimately led to adoption of the new development regulations in 1984 which limited the height of commercial development in the downtown and on Wilshire to no more than six stories, with lower heights in the other major commercial areas. Then, 36 City of Santa Monica Zoning Ordinance
in 1988, the City adopted the new Zoning Ordinance which further reduced development potential throughout most of the commercial districts. Finally, in 1989, a second commercial development moratorium was enacted pending the development of a new growth management strategy for the City. Similar changes occurred in the regulation of residential development. For example, in the early 1970s, buildings in the high-density multi-family areas of the City (the R4 zone) could be developed to a height of 120 feet, and a density of 87 units per acre. This was subsequently reduce to a height of 65 feet and 58 units per acre, with a further reduction to 50 feet and 48 units per acre. The current standard is 45 feet and 48 units per acre. In 1989, the City Council adopted entirely new zoning regulations for the Ocean Park residential area of Santa Monica. The new "OP" zones significantly reduced the density of new development, as well as creating innovate setback and open space standards. In 1990, the City Council adopted the "NW" or North of Wilshire Overlay district, creating additional setback landscaping standards, and at the same time, downzoning affected R4 properties to R3, and R3 properties to R2. In addition to changes affecting the substantive characteristics of development, there have been major changes to the development process. For example, in the 1970s, many projects which today require public hearings and preparation of environmental impact analyses were processed without public review and without detailed environmental analysis. At that time, only property owners were notified of public hearings concerning nearby development projects. Today, both property owners and tenants must be notified of hearings, and many projects which were formerly exempt from environmental review are now subject to it. Other changes to the regulating of · development have included higher parking requirements, the creation of sign regulations and the Architectural Review Board, the creation of a Landmarks Commission, the imposition of a variety of housing and parks mitigation programs for .office development, a creation of an inclusionary housing requirement for new multi-family housing projects, and the adoption of rent control for multi-family dwelling units. Throughout the last twenty years, the City has encouraged and facilitated community participation in the formulation. of development policies and the consideration of development applications. In the mid-1970s, a thirty-member Citizens Advisory Committee was appointed to assist in the formulation of six new Elements to the General Plan. Citizen committees helped draft the new zoning regulations for the R2R (duplex zone), for the CM (Main Street( zone in the 1970s and early 80s, and again in the early 1990's, another citizen committee helped draft the North of Wilshire standards. In 1981, the City Council appointed four citizen task forces to develop new policies regarding development in Santa Monica. The policy recommendations of these committees were translated within a period of months into new, more restrictive multi-family development standards, as well as more demanding commercial development regulations. Between 1981 and 1983, a 21-member citizens advisory committee assisted in the preparation of a major revision to the Housing Element of the General Plan. The 1984 37 City of Santa Monica Zoning Ordinance
Land Use and Circulation Elements were adopted after an extensive series of public workshops and hearings, as was the 1988 Zoning Ordinance. In the late 1980s, the City created the Neighborhood Support Center (NSC) to act as a liaison agency between established neighborhood organizations and the City. The staff of the NSC assist neighborhoods in organizing meetings, preparing newsletters, and keeping in touch with City Hall. In 1989, the City created special citizen task forces tci develop policies on several land use issues, including updating Main Street zoning regulations, developing a special zoning plan for the "North of Wilshire" area, and a group charged with guiding the preparation of a Specific Plan for the Civic Center area. In 1990, the City Council created an ordinance establishing mitigation fees for the removal of low cost lodging in the Coastal Zone; adopted the first Historic District in a portion of Third Street in Ocean Park; created the "NW" overlay district in the North of Wilshire neighborhood, changing then-R4 zoned parcels in the affected area to NWR3, and R3 parcels to NWR2, and creating special development standards; and amended the streetfront landscape setback requirements in most of the commercial zones of the City. 38 City of Santa Monica Zoning Ordinance
In 1991, the Council adopted numerous interim ordinances relating to development issues. In 1992, the City Council adopted a set of amendments to the Variance provisions of the Zoning Ordinance and created an Adjustment permit and procedure; a new permanent inclusionary ordinance was adopted; adopted a new version of the Zoning Map of the City which added several new districts and deleted several rescinded districts; amended RVC zone standards relative to Pier development; approved a comprehensive revision of the Noise Ordinance; adopted standards to control urban runoff; adopted revisions to the CM (Main Street) zoning standards; approved changes to the regulations pertaining to Large Family Day Care homes; adopted mandatory seismic retrofitting requirements; streamlined architectural review and signage review for landmark structures, and lengthened the landmarks review period for demolition permits for older structures. In 1993 and 1994, the Council adopted a number of significant planning-related ordinances, including: creating the DP Designated Parks district, BP Beach Parking District, R2B District, and R3R district; created an Adjustment permit allowance for certain accessory structure situations; lifted the Commercial Development Moratorium and adopted numerous revisions to the commercial development standards, including incentives for affordable housing in both residential and non-residential zones; created development standards for outdoor newsstands; adopted numerous revisions to the R1 single family regulations; adopted amendments for upsloping lots in the OP2 district; created the BR Boulevard Residential district along Ocean Park Boulevard R3-zoned parcels; amended R2R regulations; adopted a comprehensive revision to the parking standards of the Zoning Ordinance; adopted amendments to the unexcavated yard and landscaping requirements; and streamlined standards for child care centers in residential districts; streamlined permit processing for development of single family homes in non-R1 zones, modified fence. and wall standards, and raised the threshold for Administrative Approvals to simplify permit processing for minor development projects. A Specific Plan for the Civic Center area was also adopted.· Other code changes included a comprehensive revision to the zoning standards for antennas, including creating standards for ham_ radio antennas, cellular antennas, and standard television antennas, and the creation of private open space requirements (patios, balconies and the like) for multi-family developments throughout the City. In addition, numerous interim ordinances affecting planning issues were adopted by the Council during this period. Of major impact to the City was the January 17, 1994 Northridge Earthquake. Significant damage to buildings throughout the City occurred. More than 2000 dwelling units and 135 non-residential structures were significantly damaged. The City Council rapidly responded to the emergency situation created by the earthquake, passing a succession of emergency ordinances designed to facilitate recovery and restoration. In 1995, major planning regulatory changes included revision of the definition of "average natural grade" to better address sloping lot situations; creation of upper-level stepback requirements in multi-family zones to provide for greater building articulation; amendment of a variety of regulations to make permit term standards consistent and to address the special situations of Coastal zone projects and affordable housing projects; and creation of a new zoning district in the eastern area of the City: the Light Manufacturing and Studio 39 City of Santa Monica Zoning Ordinance
District (LMSD) in areas formerly zoned C5 and M1. The creation of this new district resulted in a new total of 28 districts, along with 6 overlay districts in the City--more than double the total of 15 zoning districts and 1 overlay district that existed prior to the adoption of a new Zoning Ordinance in 1988. THE GENERAL PLAN State planning law requires that each city and county in California have a General Plan consisting of seven "elements" which include the Land Use, Circulation, Housing, Conservation, Noise, Open Space, and Safety elements. Santa Monica has two additional elements: Seismic Safety, and Scenic Corridors. The general plan is intended to serve as a "constitution" for all future development within the City. The general plan sets broad policies; city ordinances and administrative procedures are the vehicles for the implementation of the general plan. In terms of city planning requirements, the primary implementation mechanism of general plan policies is the Zoning Ordinance;which translates the generalized nature of the Land Use, Housing, Circulation, and other elements' policies into highly specific development standards. Zoning In Santa Monica, the key instrument of development regulation are the zoning regulations. Zoning is used by cities and counties to regulate where residential, commercial, industrial, and other uses may be located, and controls the size and types of such uses. In Santa Monica, two linked elements establish zoning regulations for property in the City: the zoning map and the zoning ordinance. Santa Monica's zoning map establishes the zoning of every lot in the City. The City's zones include a single family residential zone, a variety of multi-family zones, and special zones for each of the major commercial and industrial areas of the City. The City zoning ordinance describes allowable uses, the height and density of development, and establishes the process by which development applications are considered. To find out what can be built on a lot, both the zoning map and the zoning ordinance need to be reviewed. Copies of both can be reviewed or purchased at the Planning Division offices in City Hall. The zoning map will show the zoning of the property--but it won't indicate what can be built there. The zoning ordinance provides this information. Process The zoning ordinance was developed over several years and involved numerous public · hearings and workshops before the Planning Commission and City Council. Under the ordinance, certain types of projects are approved administratively while others require hearings before the Zoning Administrator, Planning Commission, or City Council. 40 City of Santa Monica Zoning Ordinance
The ordinance is intended to proved predictability for property owners and developers while protecting the character, environment, and vitality of the City. Certain classes of projects are prohibited by the ordinance, and others require discretionary review, with the opportunity for public comment and special conditions of approval. The rules established by the zoning ordinance can only be changed by the City Council after hearings by the Planning Commission and Council. How to Find Out More About Zoning If you are concerned about a particular project, or about the development rules affecting your neighborhood, reviewing and understanding the framework of requirements and procedures established by the zoning regulations is essential. Concerns about a project can only be addressed within the context of the substantive and procedural rules which have been adopted by the City. City Council, Planning Commission and City staff actions on development projects occur within this context, and within the framework of other relevant laws, such as the California Environmental Quality Act (CEQA). Copies of the zoning map, zoning ordinance, and other planning documents can be· obtained at the City Planning counter in City Hall. PLANNING COMMISSION PROCEDURES The Planning Commission considers a range of requests for development permits, appeals, and planning policy matters, and conducts public hearings on many of its agenda items. The Commission conducts at least two regular meetings per month, and often has special meetings to consider major policy matters or to deal with agenda items continued from a regular meeting. The seven-member Planning Commission is appointed by the City Council. Each member is appointed for a four-year term. Due to the number, complexity and public interest associated with many agenda items, meetings of the Commission are generally lengthy. The Commission makes every effort to proceed as expeditiously as possible. Consent Calendar The Commission agenda includes a regular report from the Planning Director and other routine business items. Generally, the first set of substantive items considered by the Commission will be found on the Consent Calendar. These are usually small projects which conform to all zoning requirements. Consent Calendar items are acted upon by the Commission at one time without discussion unless a Commissioner request discussion on an item or a member of the public has submitted a request to speak on an item. If such a request is made, the item will be heard after the balance of the Consent Calendar ha been voted upon. 41 City of Santa Monica Zoning Ordinance
Public Hearings Public hearing items are usually the next set of actions considered by the Planning Commission. Each public hearing item includes presentation of a staff report; Commission questions of staff; a five-minute presentation by the project applicant, if any; Commission questions of the applicant; three minutes for each member of the public wishing to speak to the item; three minutes for project applicant rebuttal; Commission deliberations arid decision. To speak at a Planning Commission public hearing, a request to speak form must be submitted to the Commission secretary at the meeting. All requests to address the Commission on public hearing items must be submitted prior to the Commission's consideration of the item. The rules of the Commission allow the assigning of time for members of the public wishing to speak to an item. A "representative speaker" may be allowed one additional minute of speaking time, to a maximum of five additional minutes (hence, eight minutes total) for each person actually in attendance who assigns his or her right to speak via a request to speak form to the "representative speaker". Under the rules of the Planning Commission, presentations by members of the public should begin with the speaker stating his or her name and address, followed by a statement regarding the item under consideration. Speakers are asked to address the Commission as a whole, rather than individual members. Written Communication Letters or written materials regarding agenda items may be submitted to the Planning Division staff prior to or at the Commission meeting; written materials submitted at least eight days in advance of the meeting will be included in the Commission's meeting packet. Planning Commission Action Action by the Planning Commission on most matters occurs with the affirmative votes of at lest four Commissioners. · Appeals of certain actions of the Commission can be made to the City Council. For specific information on appeals, please contact the Planning and Zoning Division. ARCHITECTURAL REVIEW BOARD PROCEDURES The Architectural Review Board (ARB) was established by the City Council in 1974 to review the architecture of new.development in the City. The board was established with themission "to assure that buildings, structures, signs or other developments are in good taste, good design, harmonious with surrounding developments and in general contribute to the preservation of Santa Monica's reputation as a place of beauty, spaCiousness and quality." 42 City of Santa Monica Zoning Ordinance
The Architectural Review Board is comprised of seven members appointed by the City Council for a term of four years. At least two of the members must be professional architects. Other members of the board are persons who, as a result of their training or experience, are qualified to analyze and interpret architectural and environmental issues. Expertise in areas of design, landscaping, urban planning, cultural-historical preservation and environmental sciences is considered in determining representation on the board. The Architectural Review Board is assigned the responsibility to review and approve plans and elevations of all the proposed structures, additions and signs to be erected in the City with the exception of single-family residential development in the R1 zone. In discharging this duty, the Architectural Review Board reviews building plans, exterior colors and materials, and location and type of signage. The Board generally meets twice monthly at regularly scheduled meetings held on the first and third Mondays of each month at 7:30 p.m. in the City Council Chambers of City Hall. After first obtaining all other required City approvals, the development applicant submits the required plans and application materials to the Planning Division in order to be considered at the next available Architectural Review Board meeting. At the meeting, the Board reviews the plans to ensure they offer a quality design with adequate articulation and consistent architectural treatment of all facades. Landscape and irrigation plans are reviewed to ensure that proposed landscaping is attractive, adequate in size and quantity and that the plan complements the building architecture. The City of Santa Monica has a sign code with specific requirements for proposed signage. The Board reviews new sign proposals for individual buildings and comprehensive sign programs for large, multi-tenant structures. The review focuses on the type, location and size of signage, as well as the consistency of proposed signage with the building architecture. The Architectural Review Board offers a valuable service to the City by providing special attention to the quality of architecture, landscaping and signage of proposed new development, additions and remodels in the City. The City enjoys an improvement in the aesthetics of the built environment and related landscaping as a result of the ARB. PLANNING PUBLICATIONS The City Planning public counter has a variety of publications and handouts available to the public. Many are available free of charge or priced at cost. All are available for review at the public counter. General Plan Documents City of Santa Monica General Plan --The General Plan and its Elements have been prepared with the purpose of guiding and accomplishing coordinated and harmonious development of the City which, in accordance with existing and future needs, best promotes the public health, safety, and general welfare. The General Plan includes the following documents: 43 City of Santa Monica Zoning Ordinance
Land Use and Circulation Element [1987] Housing Element -1998-2003 [2/98] Noise Element [1992] Seismic Safety Element Policy Report [1995] Seismic Safety Element Technical Report [1995] Public Safety Element Open Space Element [3/97] Conservation Element [1975] Specific Plans In addition, Specific Plans are available for sub-areas requiring detailed regulations, conditions, and guidelines not provided for in the General Plan. These include: Bayside District Specific Plan [1996] Civic Center Specific Plan [1994] Hospital Area Specific Plan [1988] Local Coastal Plan [1992] Main Street Master Plan [[1991] Other Plans Transportation Management Plan --This special plan contains a wide range of measures to reduce traffic congestion by promoting ridesharing, van pooling, and other techniques to reduce vehicle trips in the City. Zoning City of Santa Monica Zoning Ordinance--As the implementing ordinance for must of the general plan, the Zoning Ordinance is intended to guide growth and development of the City in an orderly manner, while promoting the goals, objectives and policies of the Santa Monica General Plan. Included in this document are permitted uses, project design and development standards, parking requirements, application requirements, hearing procedures and other important information regarding land use and development in the City. Zoning Ordinance Handouts --In addition to the complete Zoning Ordinance, the City Planning staff has prepared handouts detailing specific sections of the ordinance. Because a typical development is affected by a number of sections, it is advisable that the entire Zoning Ordinance be reviewed. Individual sections are also available. Residential (R1, R2R, R3, R4, , NW, R2B, R3R) Ocean Park (OP1, OP2, OP3, OP Duplex) Commercial (C2, C3, C3-C, C4, C5, C6, CM, CP, CC) Industrial Conservation (M1, LMSD) Parks (DP) Beach Parking (BP) Parking and Loading 44 City of Santa Monica Zoning Ordinance
Project Design and Development Standards Landscaping Standards Project Mitigation Measures Conditional Use Permit Standards Temporary Use Permit Standards Performance Standards Permits Use Permits Variance Standards Development Review Standards Subdivisions lnclusionary Housing Demolitions Landmarks Design Guidelines Architectural Review Board Design Guidelines --All new commercial, and residential buildings (except single family dwellings in the R1 zoning district) require a hearing before the Architectural Review Board (ARB). The Architectural Review Board Design Guidelines is a descriptive and illustrative handbook intended to provide architects, builders and property owners with essential information pertaining to the design review process. Is not intended to define "good architecture", nor establish rigid design specifications, but to enlighten the public with the criteria for evaluating building and landscape design. Water Conservation Guide--Any new commercial and multiple residential development approved by the City of Santa Monica includes the requirement that low water using landscape design, plant materials and irrigation system be utilized. These plans are reviewed by the Architectural Review Board. The Water Conservation Guide defines the manner in which landscape plans shall be prepared to satisfy this requirement. Sign Handbook--The City of Santa Monica requires all sign age proposals be reviewed by the Architectural Review Board. The Sign Handbook is designed as a supplement to the Sign Code to provide guidelines by which the ARB reviews and approves sign designs. CEQA City CEQA Guidelines--All projects must be processed in accordance with the California Environmental Quality Act and the City's implementation guidelines. The City CEQA Guidelines provide objectives, criteria and specific procedures for the evaluation of projects. Initial Studies and Environmental Impact Reports--All large projects are required to have an environmental analysis prepared to determine its impact on various aspects of the environment. An Initial Study (IS) determines what potential adverse impacts may occur as a result of a development and how these impacts could be mitigated. Projects which are determined to have potential significant adverse impacts are required to have a full Environmental Impact Report (EIR) prepared, analyzing the scope of these impacts and proposing appropriate mitigation measures. 45 City of Santa Monica Zoning Ordinance
46 City of Santa Monica Zoning Ordinance
AGENCY TELEPHONE NUMBERS AND ADDRESSES BUILDING AND SAFETY DIVISION 1985 Main Street, Room 111 Santa Monica, CA 90401 (31 0) 458-8355 CITY PLANNING DIVISION 1685 Main Street, Public Counter, Room 111 Santa Monica, CA 90401 (31 0) 458-8341 CIVIL ENGINEERING DIVISION 1437 Fourth Street, Suite 300 [Public Counter@ City Hall, Room 111] Santa Monica, CA 90401 (310) 458-8721 PUBLIC WORKS MANAGEMENT DEPARTMENT 1685 Main Street, Room 116 Santa Monica, CA 90401 (31 0) 458-8221 RENT CONTROL 1685 Main Street, Room 202 Santa Monica, CA 90401 (310) 458-8751 TRANSPORTATION PLANNING 1685 Main Street, Room 115 Santa Monica, CA 90401 (31 0) 458-8291 For Projects in the Coastal Zone: CALIFORNIA COASTAL COMMISSION South Coast Area 200 Ocean Gate, 1oth Floor Long Beach, CA 90802 (310) 590-5071 Updated June 6, 2011 48 City of Santa Monica Zoning Ordinance
ALPHABETICAL INDEX-ZONING ORDINANCE [Selected Sections] Revised 612013 City of Santa Monica Zoning Ordinance
AlPHABETICAl INDEX-ZONING ORDINANCE [Selected Sections] Revised 6/2012 SECTION PAGE NUMBER Accessory Buildings .............................................................................. .492 • Accessory Buildings [North of Montana Avenue] ........................ .486 • One Story Accessory Building (14-ft. Max. Ht.) ...................... 458-2a Administrative Approvals ........................................................................ 512 Adjustments ........................................................................................... 516 Adult Entertainment [See Sexually-Oriented Business] ......................... 569 Affordable Housing Obligation ........................................................... 580-1 Alcohol Outlets ................................................................................ 4 76-2-c Amendments to Zoning Ordinance ..................................................... 504-5 Antenna Regulations .......... , ................................................................... 461 Appeals .................................................................................................. 510 Applications & Fees ............................................................................... 507 Architectural Review .............................................................................. 542 Automobile Repair Facilities .................................................................. .488 Automobile [Car] Washing Facilities .................. , ................................ 492-1 Automobile [All-Electric Vehicle Showrooms] ..................................... 484-1 Bootleg Units [Rent Controlled] .......................................................... 496-1 Child Care Linkage Program .............................................................. 580-6 Charitably Funded Public Projects ..................................................... 580-6 COMMERCIAL & OVERLAY DISTRICTS & USES A Off-Street Parking Overlay .............................. 440-17 BSCD Bayside Commercial. ............................................. 425 Beach Overlay District .......................................... .444 BCD Broadway Commercial ...................................... 424-2 BP Beach Parking ...................................................... .453 C2 Neighborhood Commercial ................................... .430 C3 Downtown Commercial. ........................................ .433 C3C Downtown Overlay ............................................... .436 C4 Highway Commercial. ........................ .-................. .437 C5 Special Office Commercial ................................... .440 C6 Boulevard Commercial ...................................... 440-1 CC Civic Center ............................ : ........................ 440-10 CM Main Street ........................................................ 440-3 CP Commercial Professional... ................................ 440-8 DP Designated Parks ................................................. .453 LMSD Light Manufacturing & Studio .......................... 440-13 M1 Industrial Conservation .................................... 440-10 N Neighborhood Commercial Overlay ...................... .442 PL Public Lands .................................................... 440-16 TP Transportation Preservation ............................ 440-16 Conditional Uses -General ................................................................... 504 Conditional Uses-Special Conditions .............................................. 486-a Condominium Conversions ................................................................ 492-4 Condominiums ................................................................................... 492-2 City of Santa Monica Zoning Ordinance
Construction Rate Plan ......................................................................... .460 Cultural Arts Requirements (Private Developer) ................................ 476-3 Definitions ............................................................................................. .406 . Demolitions ...................................................................................... 476-2b Density Bonus Summary Table .......................................................... 4 76-1 Design Compatibility Permit ............................................................... 504-4 Development Agreements ...................................................................... 571 Development Review Permit .............................................................. 504-2 ·Drive-Thru/Fast Food ............................................................................ .491 Enforcement. .......................................................................................... 513 Establishment of Zoning Districts ....................................................... 414-4 Fence, Wall, Hedge, Flagpole Heights ............................................... 458-2 Final Maps-Procedures for Approval ................................................... 539 Final Parcel Maps .............. : ................................................................... 536 Final Subdivision Maps ...................................................................... 418-1 General and Specific Plans .................................................................... 505 General Provisions ................................................................................ .406 . General Requirements ....................................................................... 414-5 Hazardous Visual Obstructions [HVO] ............................................. 458-2a Hearing Procedures ............................................................................... 509 Historic Resource Disclosure ............................................................. 580-5 Home Occupation Permits .................................................. : .............. 496-2 Homeless Shelters .............................................................................. .458a Housing Development Incentives ........................................................... 475 lnclusionary Housing [Section Removed 5/2005] Landmarks & Historic Districts ............................................................... 551 Landscaping Standards ....................................................................... 460a Loading Requirements .................................................... , .................. 472-2 Map Expiration, Extensions & Amendments .......................................... 540 Maps Required ....................................................................................... 530 Master Plan ........................................ ~ ..... -.............................................. 541 Meritorious Signs [Section Removed 8/2001] Mitigation Fees I Commercial & Residential .............................. : ............ 473 Multiple Family Residential Districts ...................................................... .421 Newsstands ....................................................................................... 484-1 Non-Conforming Buildings & Uses ........................................................ .493 OCEAN PARK DISTRICTS & USES OP-1 Single Family ......................................................... 443 OP-D Duplex .................................................................. .444 OP-2 Low Density Multi-Family ...................................... .446 OP-3 Medium Density Multi-Family ................................ 448 OP-4 High Density Multi-Family ...................................... 451 Outdoor Antique Markets ...................................................................... .484 Parking Requirements-Tables ..................................................... 464-470 Parking Requirements [Off-Street] ..................................................... 462-4 Pedestrian-Oriented Design ............................... : ................................... 459 Performance Standards-General ........................................................ .499 Performance Standards-Specific ..................................................... 476-7 . Planning, Zoning & Land Use Fees ........................................................ 518 City of Santa Monica Zoning.Ordinance
Project Design & Development Standards ............................................. 458 Project Mitigation Measures ................................................................... 473 Reduced Parking Permits ....................................................................... 510 Residential Building Records ................................................................. 518 RESIDENTIAL DISTRICTS & USES BR Boulevard Residentiai[R3 Overlay] ....................... 457 R1 Single Family ........................................................ .415 R2B Low Density Multiple Residential Beach ................ 454 R2R Low Density Duplex .............................................. .420 R3R Medium Density Multiple Coastal Residential Beach ............................................................. .455 R-MH Residential Mobile Home Park .............................. 442 RVC Residential-Visitor-Commercial ............................ .423 Multiple Family Residential ...................................................... 418-2 Property Development Standards: Multi-Family ....................... 422-3 Residential Use in Commercial Districts .............................................. 458c Restaurant Conversions-Third Street Promenade ........................... 428-1 Screening: Storage Area .................................................................. 458-2b Second Units in R-1 & OP-1 Districts .................................................... .485 Sexually-Oriented Businesses ............................................................... 569 Sign Code .............................................................................................. 571 Small Sidewalk Cafes ............................................................................ 460 Subdivisions ....................................................................................... 528-4 Substantial Remodel .......................................................................... 496-1 Temporary Uses & Permits .................................................................... 498 Temporary Sign Regulations ............................................... , .................. 577 Tentative Maps-Procedures for Approval ............................................ 537 Tentative Parcel Maps ........................................................................... 535 Tentative Subdivision Maps ................................................................... 530 Third Street Historic District. ................................................................... 564 Transportation Impact Fees ..................... -.............................................. 522 Transportation Management .................................................................. 519 Transportation Preservation District.. ............................................... 440-16 Use Permits ............................................................................................ 503 Use Permit Special Standards ........................................ : .................. 484-1 Variances ............................................................................................... 500 Yard Modification Permits ............ : ......................................................... 514 Zoning Administrator Authority .............................................................. .496 City of Santa Monica Zoning Ordinance
Santa Monica Municipal Code Article 9 PLANNING AND ZONING Chapters: 9.04 Zoning Regulations 9.08 Report of Residential Building Records 9.12 Planning, ·zoning and Land Use Fee.s 9.16 Transportation Management 9.20 Subdivisions 9.24 Master Plan 9.32 Architectural Review 9.36 Landmarks and Historic Districts 9.40 The Third Street Neighborhood Historic District Standards 9.44 Sexually-Oriented Businesses 9.48 Development Agreements 9.52 Santa Monica Sign·Code 9;56 Affordable Housing Production Program 9.60 ·Historic Resource: Disclosure 9.64 City Council CEQA Appeals 9.68 Charitably Funded Public Projects 9.72 Child Care Linkage Program 9.73 Transportation Impact Fee Program 397 (Santa Monica Supp. No. 76, 5-!3)
Santa Monica Municipal Code Chapter 9.04 ZONING REGULATIONS* *Editor's Note: The Santa Monica Zoning Ordinance consisting of Sections 9000.1 through 9150.8 were adopted by Ord. No. 145~(~CS) on August 9, 1988. Additional amendments are noted where applicable. Sections: Subchapter 9.04.02 General PrC?visions 9.04.02.010 Title. 9.04.02.020 Purpose. 9.04.02.030 Definitions. 9.04.02.030.005 9.04.02.030.010 9.04.02.030.015 9.04.02.030.020 9.04.02.030.025 9.04.02.030.030 9.04.02.030.035 9.04.02.030.040 9.04.02.030.045 9.04.02.030.050 9.0·4.02.030.055 Auditorium. Accessory building. Accessory.living quarters. Accessory use. Act of nature. Affordable housing project. Altered grade. Arcade. Art gallery. Artist studio. Attic. Automobile center. Automobile dealership. Automobile rental agency. Automobile repair facility. Automobile service station. Automobile storage lot. Automobile washing facility. 9.04.02.030.060 9.04.02.030.065 9.04.02.030.070 9.04.02.030,075 9.04.02.030.080 9.04.02.030.085 9.04.02.030.090 9.04.02.030.095 Awning. 9.04.02.030.100 Bakery. 9.04.02.030.105 Balcony. 9.04.02.030.110 Bar. 9.04.02.030.115 Basement. 9.04.02.030.120 Bathroom, full. 9.04.02.030.125 Bathroom, half. 9.04.02.030.130 Bay window. 9.04.02.030.135 Bed and breakfast facility. 9.04.02.030.140 Bedroom. 9.04.02.030.142 9.04.02.030.145 9.04.02.030.150 9.04.02.030.155 9.04.02.030.160 9.04.02.030.165 9.04.02.030.170 9.04.02.030.175 9.04.02.030.180 9.04.02.030.185 9.04.02.030.190 9.04.02.030.195 9.04.02.030.200 9.04.02.030.205 9.04.02.030.210 9.04.02.030.215 9.04.02.030.220 Billiard parlor. Boardinghouse. Building. Building height. Building, principal. Building size. Canopy. Carport. Change of use. Child day care facility. Church. Cinema. Club or lodge. Community care facility. Congregate housing. Convalescent home. Cultural facilities. 399 9.04.02.030.225 Day care center. 9.04.02.030.230 Delicatessen. 9.04.02.030.235 Demolition. 9.04.02.030.240 Domestic violence shelter. 9-04.02.030.245 Driveway. 9.04.02.030.250 Duplex. 9.04.02.030.255 Dwelling. 9.04.02.030.260 Dwelling, multi-family. 9.04.02.030.265 Dwelling, single family. 9.04.02.030.270 Dwelling unit. 9.04.02.030.275 Dwelling unit, efficiency. 9.04.02.030.276 Dwelling unit, second. 9.04.02.030.280 Electric distribution .substation. 9.04.02.030.285 Facade. 9.04.02.030.290 Family day care horne, large. 9.04.02.030.295 Family day care horne, small. 9.04.02.030.300 Fence. 9.04.02.030.305 Fence height. 9.04.02.030.310 Finished first floor. 9.04.02.030.311 Firearms dealership. 9.04.02.030.315 Floor area. 9.04.02.030.320 Floor area ratio (FAR). 9.04.02.030.325 Game arcade, 9.04.02.030.330 Garage. 9.04.02.030.335 Garage, semi-subterranean. 9.04·.02.030.340 Garage, subterranean. 9.04.02.030.345 General retail. 9.04.02.030.350 Grade, average natural. 9.04.02.030.355 Grade, theoretical. 9.04.02.030.360 Grading. 9.04.02.030.365 Grocery store. 9.04.02.030.370 Grocery store, neighborhood. 9.04.02.030.375 Groundcover. 9.04.02.030.380 Ground floor. 9.04.02.030.385 Ground floor street frontage. 9.04.02.030.390 Hardscape. 9.04.02.030.395 Hedge. 9.04.02.030.400 Homeless shelter, 9.04.02.030.405 Hospice. 9.04.02.030.410 Hotel. 9.04.02.030.415 Household. 9.04.02.030.420 Incidental food service. 9.04.02.030.425 Kitchen. 9.04.02.030.430 Landscaped area. 9.04.02.030.435 Light manufacturing. 9.04.02.030.440 Liquor store. 9.04.02.030.445 Living area. 9.04.02.030.450 Living·quarters. 9.04.02.030.455 Loading space. 9.04.02.030.460 Loft. 9.04.02.030.465 Lot. 9.04.02.030.470 Low income household. 9.04.02.030.475 Manufactured house. 9.04.02.030.480 Medical use. 9.04.02.030.485 Mezzanine. 9.04.02.030.490 Middle income household. 9.04.02.030.495 Mini-mart. 9.04.02.030.500 Mixed-use developn1ent. (Santa Monica Supp. No. 42, 8-04)
Santa Monica Mllllicipal Code 9.04.02.030.505 Mobile home park 9.04.02.030.510 Moderate income household. 9.04.02.030.515 Motel. 9.04.02.030.520 Nightclub. 9.04,02.030.52"5 Nonconforming building or structure, legal. · 9.04.02.030.530 Nursing home. 9.04.02.030.535 ·Off-site hazardous waste facility. 9.04.02.030.540· Office, specialty. 9.04.02.030.543 Open air farmers market. 9.04.02.030.545 Open space, common. 9.04;02.030.550 Open space, private. 9.04.02.030.553 Outdoor antique market. 9.04.02.030.555 Outdoor storage. 9.04.02.030.560 Overlay district. 9.04.02.030.565 Parapet. 9.04.02.030.570 Parcel. 9.04.02.030.575 Parcel area. 9.04.02.030.580 Parcel, corner. 9.04.02.030.585 Parcel coverage. 9.04.02.030.590 Parcel depth. 9.04.02.030.595 Parcel, flag. 9.04.02.030.600 Parcel frontage. 9.04.02.030.605 Parcel, key. 9.04.02.030.610 Parcelline. 9.04.02.030.615 Parcel line, front. 9.04.02.030.620 Parcel line, rear. 9.04.02,030.625 Parcel line, side. 9.04.02.030.630 Parcel, reversed corner. 9.04.02.030.635 Parcel, through. 9.04.02.030.640 Parcel width; 9.04.02.030.645 Pedestrian orientation. 9.04.02.030.650 Pedestrian-oriented use, 9.04.02.030.655 Permitted use. 9.04.02.030.660 Photocopy shop. 9.04.02.030.665 Place of worship. 9.04.02.030.670 Porte cochere. 9.04.02.030.675 Primary space. 9.04.02.030.680 Primary window. 9.04.02.030.685 Principal use. 9.04.02.030.690 Private tennis court. 9.04.02.030.695 Publlc land. 9.04.02.030.700 Public utility service center and service yard. 9.04.02.030.705 Recreational building. 9.04.02.030.710 Residential care facility for the elderly. 9.04.02.030.715 Residential facility. 9.04.02.030.718 Residential housing and educational facility for young adults emancipated from foster care. 9.04.02.030.720 Residential use. 9.04.02.030. 725 Rest home. 9.04.02.030.730 Restaurant. 9.04.02.030.735 Restaurant, fast-food, take-out or drive-through. 9.04.02.030.740 Roof. 9.04.02.030.745 Sanitarium. 9.04.02.030.750 Secondary window. (Santa MoniC!: Supp. No. 42, 8-04) 400 9.04.02.030.755 Self-service storage warehouse (mini-warehouse). 9.04.02.030.760 Senior citizen. 9.04.02.030. 765 Senior group housing. 9.04.02.030.770 Senior housing. 9.04.02.030.775 Setback. 9.04.02.030.778 Short-term rental housing. 9.04.02.030.780 Shrub. 9.04.02.030.785 Sidewalk cafe. 9.04.02.030.790 Single room occupancy housing. 9.04.02.030.795 Site. 9.04.02.030.800 Skylight. 9.04.02.030.805 Solar energy system. 9.04.02.030.810 Story. 9.04.02.030.815 Structure. 9.04.02.030.820 Subdivision. 9.04.02.030.825 Substantial remodel. 9.04.02.030.830 Tandem parking. 9.04.02.030.835 Temporary structure. 9.04.02.030.840 Theater. 9.04.02.030.845 Trailer. 9.04.02.030.850 Trailer court. 9.04.02.030.855 Transitional housing. 9.04.02.030.860 Tree. 9.04.02.030.865 Tree, fifteen-gallon. 9.04.02.030.870 Tree, twenty-four-inch box. 9.04.02.030.875 Use. 9.04.02.030.880 Very low income household. 9.04.02.030.885 Warehouse. 9.04.02.030.890 Wholesale trade. 9.04.02.030.895 Yard. 9.04.02.030.900 Yard, front. 9.04.02.030.905 Yard, rear. 9.04.02.030.910 Yard, side. 9.04.02.030.915 Yard, s(Teet side. 9.04.02.030.920 Yard sale. 9.04.02.040 Number of days. 9.04.02.050 Rounding of quantities. Subchapter 9.04.04 Establishment of Zoning Districts 9.04.04.010 9.04.04.020 9.04.04.030 9.04.04.040 Establishment of districts. Adoption of district map. Rules to determine appropriate district. Adoption of overlay districts. Subchapter 9.04.06 General Requirements 9.04.06.010 9.04.06.020 9.04.06.030 9.04.06.040 9.04.06.050 9.04.06.060 9.04.06.070 Application. Vested right. Building permits. Zoning conformance review. Use of Standard Industrial Classification (SIC) manual. Conflict with other regulations. Compliance.
Santa Monica Municipal Code 9.04.06.080 9.04.06.090 9.04.06.100 Cornpliatlce by City, school district, and other agencies. · Neighborhood impact statement. Conformance with Ocean Park zoning standards adopted on September 26, 1989. Subchapter 9.04.08 Zoning Districts and Uses Part 9.04.08.02 R1 Single Family Residential District 9.04.08.02.010 Purpose. 9.04.08.02.020 Permitted uses. 400a (Santa Monica Supp. No. 42, 8-04)
Santa Monica Municipal Code 9.04.08.02.030 Uses subject to performance standards permit. 9.04.08.02.040 Uses subject to use permit. 9.04.08.02.050 Conditionally permitted uses. 9-04.08.02.060 Prohibited uses. 9.04.08.02.070 Property development standards. 9.04.08.02.075 Special project design and development standards for the north of Montana A venue neighborhood. 9.04.08.02.076 Special project design and development standards for the Sunset Park and north of Wilshire Boulevard neighborhoods. 9.04.08.02.080 Architectural review. 9.04.08.02.090 Fifty percent addition. Part 9.04.08.04 R2R Low Density Duplex District 9.04.08.04.010 Purpose. 9.04.08.04.020 Permitted uses. 9.04.08.04.030 Uses subject to performance standards permit.· 9.04.08.04.040 Conditionally permitted uses. 9.04.08.04.050 Prohibited uses. 9.04.08.04.060 Property development standards. 9.04.08.04.070 Architectural review. Part 9.04.08.06 Multiple Family Residential Districts 9.04.08.06.010 Purpose. 9.04.08.06.020 Allowed land uses. 9.04.08.06.060 Property development standards. 9.04.08.06.070 Special project design and development standards. 9.04.08.06.080 Architectural review. Part 9.04.08.12 RVC Residential-Visitor Commercial District 9.04.08.12.010 Purpose. 9.04.08.12.020 Permitted uses. 9.04.08.12.030 Uses subject to performance standards permit. 9.04.08.12.035 Uses subject to a use permit. 9.04.08.12.040 Conditionally permitted uses. 9.04.08.12.050 Prohibited uses. 9.04.08.12.060 Property development standards. 9.04.08.12.065 Deed restrictions. 9.04.08.12.070 Architectural review. 9.04.08.12.080 Exemptions. Part 9.04.08.14 Broadway Commercial District 9.04.08.14.010 Purpose. 9.04.08.14.020 Permitted uses. 9.04.08.14.030 Uses subject to performance standards permit. 9.04.08.14.035 Uses subject to a use permit. 9.04.08.14.040 Conditionally permitted uses. 9.04.08.14.050 Prohibited uses. 9.04.08.14.060 Property development standards. 9.04.08.14.065 Deed restrictions. 401 9.04.08.14.070 Architectural review. Part 9.04.08.15 BSCD Bayside Commercial District 9.04.08.15.010 Purpose. 9.04.08.15.015 Definitions. 9.04.08.15.020 Permitted uses. 9.04.08.15.030 Uses subject to performance standards permit. 9.04.08.15.040 Conditionally permitted uses. 9.04.08.15.050 Prohibited uses. 9.04.08.15.060 Property development standards. 9.04.08.15.065 Deed restrictions. 9.04.08.15.070 Special project design and development standards. 9.04.08.15.080 Limitations on food uses and alcohol outlets. 9.04.08.15.085 Conversion of any portion of a food use to any other new or expanded use located on the ground floor level adjacent to the Third Street Promenade. 9.04.08.15.090 Architectural review. 9.04.08.15.100 Exceptions to limitations on food uses and alcohol outlets. 9.04.08.15.110 Applicability of provisions of Part 9.04.08.15. Part 9.04.08.16 C2 Neighborhood Commercial District 9.04.08.16.010 Purpose. 9.04.08.16.020 Permitted uses. 9.04.08.16.030 Uses subject to performance standards permit. 9.04.08.16.035 Uses subject to a use permit. 9.04.08.16.040 Conditionally permitted uses. 9.04.08.16.050 Prohibited uses. 9.04.08.16.060 Property development standards. 9.04.08.16.065 Deed restrictions. 9.04.08.16.070 Special project design and development standards. 9.04.08.16.080 Architectural review. Part 9.04.08.18 C3 Downtown Commercial District 9.04.08.18.010 Purpose. 9.04.08.18.020 Permitted uses. 9.04.08.18.030 Uses subject to performance standards permit. 9.04.08.18.040 Conditionally permitted uses. 9.04.08.18.050 Prohibited uses. 9.04.08.18.060 Property development standards. 9.04.08.18.065 Special project design and development standards. 9.04.08.18.070 Deed restrictions. 9.04.08.18.075 Architectural review. Part 9.04.08.20 C3-C Downtown Overlay District 9.04.08.20.010 Purpose. 9.04.08.20.020 Permitted uses. (Santa Monica Supp. No. 52, 2-07)
Santa Monica Municipal Code · 9.04.08.20.030 Uses subject to performance standards permit. 9.04.08.20.040 Conditionally permitted uses. 9.04.08.20.050 Prohibited uses. 9.04.08.20.060 Property development standards. 9.04.08.20.065 Deed restrictions. 9.04.08.20.070 Special project design and development standards. 9.04.08.20.080 Architectural review. Part 9.04.08.22 C4 Highway Commercial District 9.04.08.22.010 Purpose. 9.04.08.22.020 Permitted uses. 9.04.08.22.030 Uses subject to performance standards permit. 9.04.08.22.035 Uses subject to a use permit. 9.04.08.22.040 Conditionally permitted uses. 9.04.08.22.050 Prohibited uses. 9.04.08.22.060 Property development standards. 9.04.08.22.065 Deed restrictions. 9.04.08.22.070 Architectural review. 9.04.08.22.080 Special project design and development standards. Part 9.04.08.24 C5 Special Office Commercial District 9.04.08.24.010 Purpose. 9.04.08.24.020 Permitted uses. 9.04.08.24.030 Uses subject to performance standards permit. 9.04.08.24.040 Conditionally permitted uses. 9.04.08.24.050 Prohibited uses. 9.04.08.24.060 Property development standards. 9.04.08.24.070 Architectural review. Part 9.04.08.26 C6 Boulevard Commercial District 9.04.08.26.010 Purpose. 9.04.08.26.020 Permitted uses. 9.04.08.26.030 Uses subject to performance standards permit. 9.04.08.26.035 Uses subject to a use permit. 9.04.08.26.040 Conditionally permitted uses. 9.04.08.26.050 Prohibited uses. 9.04.08.26.060 Property development standards. 9.04.08.26.065 Deed restrictions. 9.04.08.26.070 Architectural review. 9.04.08.26.080 Special project design and development standards. Part 9.04.08.28 CM Main Street Commercial District 9.04.08.28.010 Purpose. 9.04.08.28.020 Permitted uses. 9.04.08.28.030 Uses subject to performance standards permit. 9.04.08.28.035 Uses subject to a use permit. 9.04.08.28.040 Conditionally permitted uses. 9.04.08.28.050 Prohibited uses. 9.04.08.28.060 Property development standards. 9.04.08.28.065 Deed restrictions. (Santa Monica Supp. No. 52, 2-07) 402 9.04.08.28.070 Special project design and development standards. Part 9.04.08.30 CP Commercial Professional District 9.04.08.30.010 Purpose. 9.04.08.30.020 Permitted uses. 9.04.08.30.030 Uses subject to performance standards permit. 9.04.08.30.040 Conditionally permitted uses. 9.04.08.30.050 Prohibited uses. 9.04.08.30.060 Property development standards. 9.04.08.30.065 Deed restrictions. · 9.04.08.30.070 Architectural review. 9.04.08.30.080 Non-conforming hospital building. Part 9.04.08.32 CC Civic Center District 9.04.08.32.010 Purpose. 9.04.08.32.020 Permitted uses. 9.04.08.32.030 Uses subject to performance standards permit. 9.04.08.32.040 Conditionally permitted uses. 9.04.08.32.050 Prohibited .uses. 9.04.08.32.060 Property development standards. Part 9.04.08.34 M1 Industrial Conservation District 9.04.08.34.010 Purpose. 9.04.08.34.020 Permitted uses. 9.04.08.34.030 Uses subject to performance standards permit. 9.04.08.34.040 Conditionally permitted uses. 9.04.08.34.050 Prohibited uses. 9.04.08.34.060 Property development standards. 9.04.08.34.070 Architectural review. Part 9.04.08.35 LMSD Light Manufacturing and Studio District 9.04.08.35.010 Purpose. 9;04.08.35.020 Permitted uses. 9.04.08.35.025 Uses subject to performance standards permit. 9.04.08.35.030 Conditionally permitted uses. 9.04.08.35.040 Prohibited uses. 9.04.08.35.050 Property development standards. 9.04.08.35.060 Architectural review. Part 9.04.08.36 PL Public Lands Overlay District 9.04.08.36.010 Purpose. 9.04.08.36.020 Permitted uses. 9.04.08.36.030 Uses subject to performance standards permit. 9.04.08.36.040 Conditionally permitted uses. 9.04.08.36.050 Prohibited uses. 9.04.08.36.060 Property development standards. 9.04.08.36.070 Architectural review. Part 9.04.08.37 TP Transportation Preservation District 9.04.08.37.010 Purpose. 9.04.08.37.020 Permitted uses.
Santa Monica Municipal Code 9.04.08.37.030 Uses subject to performance standards permit. 9.04.08.37.040 Prohibited uses. 9.04.08.37.050 Property development standards. 9.04.08.37 .060 Legal nonconforming buildings and uses. 402-1 (Santa Monica Supp. No. 52, 2-07)
Santa Monica Municipal Code 9.04.08.37.070 Architectural review. Part 9.04.08.38 A Off-Street Parking Overlay District 9.04.08.38.010 Purpose. 9.04.08.38.020 Applicability. 9.04.08.38.030 Permitted uses. 9.04.08.38.040 Uses subject to performance standards permit. 9.04.08.38.050 Conditionally permitted uses. 9.04.08.38.060 Prohibited uses. 9.04.08.38.070 Property development standards for non-parking uses. 9.04.08.38.080 Development standards for below grade parking structure facilities. 9.04.08.38.090 Special design standards for all parking facilities. 9.04.08.38.100 Architectural review. Part 9.04.08.40 N Neighborhood Commercial Overlay District 9.04.08.40.010 Purpose. 9.04.08.40.020 Permitted uses. 9.04.08.40.030 Uses subject to performance standards permit. 9.04.08.40.040 Conditionally permitted uses. 9.04.08.40.050 Prohibited uses. 9.04.08.40.060 Property development standards. 9.04.08.40.070 Architectural review. Part 9.04.08.42 R-MH Residential Mobile Home Park District 9.04.08.42.01 0 Purpose. 9.04.08.42.020 Permitted uses. 9.04.08.42.030 Uses subject to performance standards permit. 9.04.08.42.040 Conditionally permitted uses. 9.04.08.42.050 Prohibited uses. 9.04.08.42.060 Property development standards. 9.04.08.42.070 Architectural review. Part 9.04.08.44 OP-1 Ocean Park Single Family Residential District-9.04.08.44.010 Purpose. 9.04.08.44.020 Permitted uses. 9.04.08.44.030 Uses subject to performance standards permit. 9.04.08.44.035 Uses subject to use permit. 9.04.08.44.040 Conditionally permitted uses. 9.04.08.44.050 Prohibited uses. 9.04.08.44.060 Property development standards. 9.04.08.44.070 Architectural review. Part 9.04.08.46 Beach Overlay District 9.04.08.46.010 Purpose. 9.04.08.46.020 Permitted uses. 9.04.08.46.030 Uses subject to performance standards permit. 9.04.08.46.040 Conditionally permitted uses. 403 9.04.08.46.050 Prohibited uses. 9.04.08.46.060 Recreational use. Part 9.04.08.48 OP-Duplex Ocean Park Duplex Residential District 9.04.08.48.010 Purpose. 9.04.08.48.020 Permitted uses. 9.04.08.48.030 Uses subject to performance standards permit. 9.04.08.48.040 Conditionally permitted uses. 9.04.08.48.050 Prohibited uses. 9.04.08.48.060 Property development standards. 9.04.08.48.070 Architectural review. Part 9.04.08.50 OP-2 Ocean Park Low Multiple Re'sidential District 9.04.08.50.010 Purpose. 9.04.08.50.020 Permitted uses. 9.04.08.50.030 Uses subject to performance standards permit. 9.04.08.50.040 Conditionally permitted uses. 9.04.08.50.050 Prohibited uses. 9.04.08.50.060 Property development standards. 9.04.08.50.070 Architectural review. Part 9.04.08.52 OP-3 Ocean Pa<k Medium Multiple Residential District 9.04.08.52.010 Purpose. 9.04.08.52.020 Permitted uses. 9.04.08.52.030 Uses subject to performance standards permit. 9.04.08.52.040 Conditionally permitted uses. 9.04.08.52.050 Prohibited uses. 9.04.08.52.060 Property development standards. 9.04.08.52.070 Architectural review. Part 9.04.08.54 OP-4 Ocean Park High Multiple ·Residential District 9.04.08.54.010 Purpose. 9.04.08.54.020 Permitted ·uses. 9.04.08.54.030 Uses subject to performance standards permit. 9.04.08.54.040 Conditionally permitted uses. 9.04.08.54.050 Prohibited uses. 9.04.08.54.060 Property development standards. 9.04.08.54.070 Architectural review. Part 9.04.08.58 DP Designated Parks District 9.04.08.58.010 Purpose. 9.04.08.58.020 Permitted uses. 9.04.08.58;030 Uses subject to performance standards permit. 9.04.08.58.040 Conditionally permitted uses. 9.04.08.58.050 Prohibited uses. 9.04.08.58.060 Property development standards. 9.04.08.58.070 Architectural review. (Santa Monica Supp. No. 51, 11-06)
Santa Monica Municipal Code Part 9.04.08.60 BP Beach Parking District. 9.04.08.60.010 Purpose. 9.04.08.60.020 Permitted uses. 9.04.08.60.030 Uses subject to performance standards permit. 9.04.08.60.040 Conditionally permitted uses. 9.04.08.60.050 Prohibited uses. 9.04.08.60.060 Property development standards. 9.04.08.60.070 Architectural review. Part 9.04.08.62 R2B Low Density Multiple Residential Beach District 9.04.08.62.010 Purpose. 9.04.08.62.020 · Permitted uses. 9.04.08,62.030 Uses subject to performance standards permit. 9.04.08.62.040 Conditionally permitted uses. 9.04.08.62.050 Prohibited uses. 9.04.08.62.060 Property development standards. 9.04.08.62.070 Architectural review. Part 9.04.08.64 R3R Medium Density Multiple Family Coastal Residential District 9.04.08.64.010 Purpose. 9.04.08.64.020 Permitted uses. 9.04.08.64.030 Uses subject to performance standards permit. 9.04.08.64.040 Conditionally permitted uses. 9.04.08.64.050 Prohibited uses. 9.04.08.64.060 Property development standards. 9.04.08.64.070 Architectural review. Part 9.04.08.65 BR Boulevard Residential R-3 Overlay District 9.04.08.65.010 Purpose. 9.04.08.65.020 Permitted uses. 9.04.08.65.030 Uses subject to performance standards. 9.04.08.65.040 Conditionally permitted uses. 9.04.08.65.050 Prohibited uses. 9.04.08.65.060 Property development standards. Subchapter 9.04.10 Project Design and Development Standards Part 9.04.10.02 General Requirements 9.04.10.02.010 Roof decks in the OP-Districts. 9.04.1 0.02.020 Applicability. 9.04.10.02.030 Building height and exceptions to height limit. 9.04.10.02.040 Building .volume envelope. 9.04.1 0.02.050 Build-to-line. 9.04.10.02.060 Floor setbacl<s in commercial and industrial buildings. 9.04.10.02.061 Homeless shelters. 9.04.10.02.070 Reflective materials. 9.04.10.02.080 Fence, wall, hedge, flagpole. 9.04.10.02.090 Hazardous visual obstructions. (Santa Monica Supp. No. 51, 11-06) 404 9.04.10.02.100 One-story accessory building (fourteen feet maximum height). 9.04.10.02.110 Accessory buildings over one story or fourteen feet. 9.04.10.02.111 Residential uses in commercial districts. 9.04.10.02.120 Screening of commercial uses. 9.04.10.02.130 Screening storage areas. 9.04.10.02.140 Screening mechanical equipment. 9.04.10.02.141 Senior group housing. 9.04.10.02.142 Transitional and congregate housing. 9.04.10.02.150 Refuse and recycling storage areas. 9.04.10.02.151 Design standards for refuse and recycling rooms and outdoor enclosures. 9.04.10.02.160 Drainage. 9.04.10.02.170 Unexcavated area in yard areas. 9.04.10.02.180 Projections permitted into required yards. 9.04.10.02.190 Building additions extending into required side yard. 9.04.10.02.200 Manufactured dwellings. 9.04.10.02.210 Relocated buildings. 9.04.1 0.02.220 Solar energy design standards. 9.04.10.02.230 Parcel area for residential density calculations and rear yard depth includes one-half alley dimension. 9.04.10.02.240 Dwelling unit density calculation. 9.04.1 0.02.250 Parcel coverage calculation. 9;04.10.02.260 Through parcel may be two parcels. 9.04.10.02.270 Lighting. 9.04.10.02.280 Glare. 9.04.10.02.290 Signs. 9.04.10.02.300 Humidity, heat, and cold. 9.04.10.02.310 Sound. 9.04.10.02.320 Storage. 9.04.10.02.330 Vibration. 9.0(10.02.340 Permitted outdoor uses, 9.04.10.02.350 Calculating floor area. 9.04.10.02.360 Rear yard setbacks. 9.04.1 0.02.370 Front yard setback one walkstreets. 9.04.10.02.380 Ventilation in restaurants. 9.04.10.02.390 Pipelines. 9.04.10.02.420 Posting of seating requirements in restaurants. 9.04.10.02.430 Development spanning zoning. districts. 9.04.10.02.440 Pedestrian-oriented design. 9.04.10.02.450 Construction rate program .. 9.04.10.02.460 Small sidewalk cafes. Part 9.04.10.04 Landscaping Standards 9.04.10.04.010 Purpose. 9.04.10.04.020 Applicability. 9.04.1 0.04.030 Reserved. 9.04.10.04.040 Reserved. 9.04.10.04.050 Reserved.
Santa Monica Municipal Code 9.04.10.04.060 Required landscape area for building sites. 9.04.10.04.070 Required landscape area and lighting for surface parking lots and other vehicular use areas. 9.04.10.04.080 Landscape screening and buffering of commercial, industrial, and parking uses from residential uses. 9.04.10.04.090 Screening of automobile dealerships. 9.04.10.04.100 Landscape maintenance and protection. 9.04.10.04.110 Water conservation landscaping. Part 9.04.10.06 Antennas 9.04.10.06.010 Nonparabolic antenna definitions. 9.04.10.06.020 Nonparabolic antennas-Applicability. 9.04.10.06.030 Nonparabolic noncommercial antennas-Purpose. 9.04.10.06.040 Nonparabolic noncommercial antennas-Regulations and design standards. 9.04.10.06.100 Nonparabolic commercial antennas-Purpose. 9.04.10.06.110 Nonparabolic commercial antennas-Regulations and design standards. 9.04.10.06.120 Parabolic antennas-Purpose. 9.04.10.06.130 Parabolic antennas-Applicability. 9.04.10.06.140 Parabolic antenna definitions. 9.04.10.06.150 TVRO parabolic antennas located in residential districts. 9.04.10.06.151 Modification of regulations and design standal·ds in residential districts. 9.04.10.06.160 Parabolic antennas located in non-residential districts. 9.04.10.06.161 Modification of regulations and design standards in non-residential districts. 9.04.10.06.170 Satellite uplink antennas. Part 9.04.10.08 Off-Street Parking Requirements 9.04.10.08.010 Purpose. 9.04.10.08.020 Applicability. 9.04.10.08.030 General provisions. 9.04.10.08.040 Number ofp:irking spaces required. 9.04.10.08.050 Number of bicycle, van pool and carpool parking spaces required. 9.04.10.08.060 Design standards. 9.04.10.08.070 Parking access in all districts. 9.04.10.08.080 Parking access in multi-family reSidential districts. 9.04.10.08.090 Parking access in non-residential districts. 9.04.10.08.100 Driveways. 9.04.10.08.110 Surfacing. 9.04.10.08.120 Marldng of parking spaces. 404-1 9.04.10.08.130 Wheel stops. 9.04.10.08.140 Lighting. 9.04.10.08.150 Landscaping. 9.04.10.08.160 Screening. 9.04.10.08.170 Slope. 9.04.10.08.180 Drainage. 9.04.10.08.190 Location of required parking spaces. 9.04.10.08.200 Subterranean parking structures. 9.04.10.08.210 Semisubterranean parking structures. 9.04.10.08.220 Use of required off-street parking spaces. Part 9.04.10.10 Off-Street Loading Requirements 9.04.10.10.010 Purpose. 9.04.10.10.020 Applicability. 9.04.10.10.030 General provisions. Part 9.04.10.12 Project Mitigation Measures 9.04.10.12.010 Project mitigation measures. 9.04.10.12.020 In-lieu fees. 9.04.10.12.030 On-site or off-site development. 9.04.10.12.040 Use of in-lieu fees. Part 9.04.10.14 Housing Development Incentives 9.04.10,14.010 Purpose. 9.04.10.14.020 Ocean Park density bonuses. 9.04.10.14.030 Special housing development standards. 9.04.10.14.040 State incentives for affo.-dable housing in residential zones-Density bonuses. 9.04.10.14.050 Additional density bonus increase in residential zones. 9.04.10.14.060 State incentives for affordable housing in residential zones. 9.04.10.14.070 Waiver/modification of development standards for housing developments in residential zones. 9.04.10.14.080 Procedures. 9.04.10.14.090 Exemptions from development review thresholds. Part 9.04.10.16 Demolitions 9.04.10.16.010 Demolition of bniidings and structures. Part 9.04.10.18 Alcohol Outlets 9.04.10.18.010 Purpose and findings. 9.04.10.18.020 Applicability. 9.04.10.18.030 Approval. 9.04.10.18.040 Exemptions. 9.04.10.18.050 BSC-1 exemptions. Part 9.04.10.20 Private Developer Cultural Arts Requirement 9.04.10.20.010 Findings and purpose. 9.04.10.20.020 Applicability. (Santa Monica Supp. No. 71, 2-12)
Santa Monica Municipal Code 9.04.10.20.030 Definitions. 9.04.10.20.040 Private developer cultural arts requirement, 9.04.10.20.050 On-site public art projects. 9.04.10.20.060 Eligible on-site public arts projects. 9.04.10.20.070 Eligible on-site public arts project expenditures. 9.04.10.20.080 Ineligible on-site public arts project expenditures. 9.04.10.20.090 Process for approval of public art for on-site installation. 9.04.10.20.100 Additional requirements for public art for on-site installation. 9.04.10.20.110 On-site cultul'al facilities alternative. 9.04.10.20.120 Cultural arts development contribution. 9.04.10.20.130 Declaration of covenants, conditions and restrictions. 9.04.10.20.140 Final city approval. 9.04.10.20.150 Cultural Arts Trust Fund. 9.04.10.20.160 Adoption by resolution of the per square foot amount for on-site participation or in-lieu contribution. 9.04.10.20.170 Regulations. Subchapter 9.04.12 Performance Standards 9.04.12.010 Purpose. 9.04.12.020 Applicability. 9.04.12.030 Large family day care homes. 9.04.12.040 Automobile dealerships. 9.04.12.050 Automobile rental agencies. 9.04.12.060 Private tennis courts. 9.04.12.070 Senior group housing. 9.04.12.080 One-story accessory living quarters. 9.04.12.090 Game arcades. 9.04.12.100 Surface parking lots used for automobile storage in the BCD district. 9.04.12.110 9.04.12.120 9.04.12.130 9.04.12.140 9.04.12.150 9.04.12.160 9.04.12.170 9.04.12.180 Surface parldng lots used -for non-required automobile parking in the TP District. Sidewalk cafes. Service stations. Shelter for the homeless. Outdoor antique markets. Film and video production in the TP District. Commercial nurseries in the TP District. All-electric vehicle automobile dealership showrooms, Subchapte1· 9.04.13 Use Permit Special Standards 9.04.13.010 Purpose. 9.04.13.020 Applicability. 9.04.13.030 Outdoor newsstands. 9.04.13.040 Second dwelling units in the R-1 and OP-1 Districts. (Santa Monica Supp. No. 71, 2-12) 404-2 9.04.13.050 9.04.13.060 One-story accessory buildings over fourteen feet in height or two-story accessory buildings. First-floor uses with a Third Street Promenade frontage exceeding fifty feet. Subchapter 9.04.14 Special Conditions for Conditional Uses 9.04.14.010 9.04.14.020 9.04.14.030 9.04.14.040 9.04.14.050 9.04.14.060 9.04.14.070 9.04.14.080 9.04.14.090 9.04.14.100 9.04.14.110 9.04.14.120 9.04.14.130 Purpose. Applicability. Child day care centers in residential districts. Service stations. Automobile repair facilities. Automobile dealerships. Automobile rental agencies in the CS, C6, and CC districts. Neighborhood grocery stores in multi-family residential districts. Drive-in, drive-through, fast-food and take-out restaurants. Self-service storage warehouse. One story accessory buildings over fourteen feet in height or two story accessory buildings with a maximum height of twenty-four feet. Off-site hazardous waste facility. Automobile washing facilities. Subchapter 9.04.16 Condominiums Part 9.04.16.01 Condominiums Generally 9.04.16.01.010 Purpose. 9.04.16.01.020 Applicability. 9.04.16.01.030 Minimum requirements. -Part 9.04.16.02 Condominium Conversions 9.04.16.02.010 Condominium conversions. 9.04.16.02.020 Office, commercial, and indUstrial condominiums. Subchapter 9.04.18 Nonconforming Buildings and Uses 9.04.18.010 Purpose. 9.04.18.020 Legal, nonconfo-rming buildings. 9.04.18.030 Legal, nonconforming uses. 9.04.18.040 Termination of nonconforming 9.04.18.050 9.04.18.060 9.04.18.070 9.04.18.075 9.04.18.080 9.04.18.085 buildings and uses. · Public utility exceptions. Building permits or certificates-of occupancy prohibited. Removal of illegal nonconforming buildings and uses. Rent controlbootleg units. Continuation of nonconforming uses. Substantial remodel.
Santa Monica Municipal Code Subchapter 9.04.20 Zoning Administration Part 9.04.20.02 General Provisions 9.04.20.02.010 Purpose. 9.04.20.02.020 Authority. 9.04.20.02.030 Interpretations. Part 9.04.20.04 Home Occupation Permits 9.04.20.04.010 Purpose. 9.04.20.04.020 Permit required. 9.04.20.04.030 Findings. 9.04.20.04.040 Prohibited home occupation uses. 9.04.20.04.050 Revocation. 9.04.20.04.060 Appeal. Part 9.04.20.06 Temporary Use Permits 9.04.20.06.010 Purpose. 9.04.20.06.020 Permitted uses. 9.04.20.06.030 Permit required. 9.04.20.06.040 Findings. 9.04.20.06.050 Conditions of approval. 9.04.20.06.060 Revocation. 9.04.20.06.070 Appeal. 9.04.20.06.080 Notice. Part 9.04.20.08 Performance Standards Permit 9.04.20.08.010 Purpose. 9.04.20.08.020 Permit required. 9.04.20.08.030 Findings. 9.04.20.08.040 Term of permit. 9.04.20.08.050 Revocation. 9.04.20.08.060 Appeals. 404-3 (Santa Monica Supp. No. 68, 5-11)
Santa Monica Municipal Code Part 9.04.20.10 Variances 9.04.20.10.010 Purpose. 9.04.20.10.020 Application. 9.04.20.10.030 Applicability. 9.04.20.10.040' Hearings and notice. 9.04.20.10.050 Findings. 9.04.20.10.060 Term of permit. 9.04.20.1 0.070 Revocation. 9.04.20.10.080 Appeals. .-~ Part 9.04.20.11 Use Permits 9.04.20.11.01 0 Purpose. 9.04.20.11.020 Application. 9.04.20.11.030 Heao·ing and notice. 9.04.20.11.040 · Findings. 9.04.20.11.050 Conditions. 9.04.20.11.060 Term of permit. 9.04.20.11.070 Revocation. 9.04.20.11.080 Appeals. . Part 9.04.20.12 Conditional Use Permits 9.04.20.12.010 Purpose. 9.04.20.12.020 Application. 9.04.20.12.030 Hearing and notice. 9.04.20.12.040 Findings. 9.04.20.12.050 Conditions. 9.04.20.12.060 Term of permit. 9.04.20.12.070 Revocation. 9.04.20.12.080 Appeals. Part 9.04.20.14 Development Review Permit 9.04.20.14.010 Purpose. 9.04.20.14.020 Application. 9.04.20;14.030 Hearing and notice. 9.04.20.14.040 Findings. 9.04.20.14.050 Term of permit. 9.04.20.14.060 Revocation. 9.04.20.14.070 Appeals. Part 9.04.20.15 Design Compatibility Permit 9.04.20.15.010 Purpose. 9.04.20.15.020 Application. 9.04.20.15.030 Hearing and notice. 9.04.20.15.040 Findings. 9.04.20.15.050 Term of permit. 9.04.20.15.060 Revocation. 9.04.20.15.070 Appeals. 9.04.20.15.080 Hearings. ·' Part 9.04.20.16 Amendments of Comprehensive Land Use and Zoning Ordinance 9.04.20.16.010 Purpose. 9.04.20.16.020 Initiation. 9.04.20.16.030 Findings. 9.04.20.16.040 Hearing and notice. 9.04.20.16.050 Appeal. 9.04.20.16.060 Interim zoning. Part 9.04.20.18 General and Specific Plans 9.04.20.18.010 Purpose. 405 9.04.20.18.020 9.04.20.18.030 9.04.20.18.040 9.04.20.18.050 9.04.20.18.060 9.04.20.18.070 9.04.20.18.090 9.04.20. i8.1 oo 9.04.20.18.110 9.04.20.18.120 9.04.20.18.130 9.04.20.18.140 9.04.20.18.150 9.04.20.18.160 9.04.20.18.170 Contents of the General Plan. Preparation and adoption of the General Plan. Planning COmmission action. City Council action. Amendments to the General Plan. Restriction on number of amendments. Initiation of amendments to the General Plan. Planning Commission action on amendments. City Council action on amendments. Administration of the General Plan. Fees. Specific Plans. Contents of Sp_ecific Plans. Specific Plan criteria. Specific Plan adoption and amendment. Fees and charges. Part 9.04.20.20 Application and Fees 9.04.20.20.01 0 Purpose. 9.04.20.20.020 Application forms. 9.04.20.20.030 Determination of completeness. 9.04.20.20.040 Additional information. 9.04.20.20.050 · Fees. 9.04.20.20.060 Who may file application. 9.04.20.20.070 Applicant notification. 9.04.20.20.080 Posting of property. Part 9.04.20.22 Hearing Procedures 9.04.20.22.010 Purpose. 9.04.20.22.020 Planning Commission consideration of Zoning Administrator permits. 9.04.20.22.030 Environment.al review 9.04.20.22.040 9.04.20.22.050 9.04.20.22.060 9.04.20.22.070 9.04.20.22.080 9.04.20.22.090 9.04.20.22.100 9.04.20.22.110 9.04.20.22.120 9.04.20.22.130 9.04.20.22.140 determination. Public hearing date. Notice ~f hearings.· Reserved. Statement of official action. Notice of statemJent of official action. ·Effective date of decision. Time limit for approving applications, Extension of deadline fOr action. Request for delay or continuance consideration of an application. Reapplication. Amendmenis to approved projects and conditions of approval. Part 9.04.20.24 Appeals 9.04.20.24.01 0 Appeal of action. 9.04.20.24.020 Filing of appeals. 9.04.20.24.030 Appeal hearings. 9.04.20.24.040 Effective date of appealed actions. (Santa Monica Supp. No. 36, 2-03)
9 .04.02.0 I o Santa Monica Municipal Code 9.04.20.24.050 Appeal fees. Part 9.04.20.26 Reduced Parking Permits 9.04.20.26.010 Purpose. 9.04.20.26.020 Application. 9.04.20.26.030 Applicability. 9.04.20.26.040 Hearings and notice. 9.04.20.26.050 Term of permit. 9.04.20.26.060 Revocation. ·' 9.04.20.26.070 Appeals. Part 9.04.20.28 Administrative Approvals 9.04.20.28.010 Purpose. 9.04.20.28.020 Permit required. 9.04.20.28.030 Term of permit. 9.04.20.28.040 Revocation. 9.04.20.28.050 Appeals. Part 9.04.20.30 Enforcement 9.04.20.30.01 0 Purpose. 9.04.20.30.020 Responsibility. 9.04.20.30.030 Violation of conditions of approval. 9.04.20.30.040 Each day separate violation. 9.04.20.30.050 Enforcement. 9.04.20.30.060 Business license revocati9n or 9.04.20.30.070 9.04.20.30.080 9.04.20.30.090 9.04.20.30.100 suspension. Right to appeal. Enforcement fees. Citations. Criminal sanctions. Part 9.04.20.32 Yard Modification Permits 9.04.20.32.010 Purpose. 9.04.20.32.020 Application. 9.04.20.32.030 Applicability. 9.04.20.32.040 Hearings and notice. 9.04.20.32.050 Findings. 9.04.20.32.060 Term of permit. 9.04.20.32.070 Revocation. 9.04.20.32.080 Appeals. Part 9.04.20.34 Adjustments 9.04.20.34.01 0 Purpose. 9.04.20.34.020 Application, 9.04.20.34.030 Applicability. 9.04.20.34.040 Notice of application. 9.04.20.34.050 Request for public hearing. 9.04.20.34.060 Review and findings. 9.04.20.34.070 Appeals. 9.04.20.34.080 Term of permit. 9.04.20.34.090 Revocation. Subchapter 9.04.02 General Provisions 9.04.02.010 Title. This Chapter shall be known as the "City of Santa Monica Comprehensive Land Use and Zoning Ordinance." (Prior code§ 9000.1) (Santa Monica Supp. No. 36, 2-03) 406 9.04.02.020 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 of life for all residents. (d) To ensure adequate park and public open space. (e) To provide stable and desirable residential neighbor-hoods. (f) To assure easy access to· coastal resources, welJ maintained parks, and attractive streets. (g) To promote viable commercial and industrial enter-prises. (h) To provide diverse employment opportunities. (i) To protect and improve tourist and visitor serving facilities and services. U) To generate community identity with a vibrant downtown and civic center. (k), To provide for citizen participation in the develop-~ent decision-making process. (1), To promote the public health, safety, and general welfare'by regulating the location and use of buildings, struc-tures, and land for residential, commercial, industrial, recrea-tional, and other specified uses. (Prior code § 9000.2) 9.04.02.030 Definitions. The following words or phrases as used in this Chapter shall have the following .meanings. (Prior code § 9000.3; amended by Ord. No. 1476CCS, adopted 4/25/89; Ord. No. 1476CCS, adopted 4/25/89; Ord. No. 1496CCS, adopted 9/26/89; Ord. No. 1521CCS, adopted 5/8/90; Ord. No. 1645CCS § 3; adopted 9/22/92; Ord. No. 1646CCS· § 1, adopted 9/29/92; Ord. No. 1687CCS § 1, adopted 6/22/93; Ord. No. 1757CCS § 3, adopted 7/26/94; Ord. No. 1767CCS § 2, adopted 9/13/94; Ord. No. 1793CCS § 1, adopted 4/11/95; Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 9.04.02.030.005 Accessory building. A detached building located on the same parcel as the principal building, which is incidental and subordinate to the principal building in terms of both size and use. A building will be considered part ofthe principal building iflocated less than six feet from the principal building or if connected to it by fully enclosed space. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 9.04.02.030.010 Accessory living quarters. Living quarters within an accessory building on the same premises as a single family residence. Such quarters shall not have a kitchen, shower or tub and shall not be rented as a separate dwelling. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117/95) 9.04.02.030.015 Accessory use. Any use of land or a building or portion thereof which is clearly incidental to the principal use ofthe land or building and located on the same parcel as the principal use. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117/95)
Santa Monica Municipal Code 9.04.02.030.020 Act of nature. A natural occurrence such as an earthquake, flood, tidal wave. hurricane or tornado which causes substantial damage to buildings or property. (Added by Ord. No. l826CCS § l (part), adopted 1117/95) 406-1 9.04.02.030.020 (Santa Monica Supp. No. 36, 2·03)
Santa Monica Municipal Code 9.04.02.030.025 9.04.02.030.025 Affordable housing project .. Housing in which one hundred percent of the dwelling units are deed-restricted or restricted by an agreement approved by the City for occupancy by low or moderate income households. Such projects may also inclUde non-residential uses, as long as such uses do not exceed thirty-three percent of the floor area of the total project. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117/95) 9.04.02.030.030 Altered grade. A change in the elevation of the ground surface from its natural state due to grading, excavation or filling. (Added by Ord. No. 1826CCS § 1 (part), adopted ll/7/95) 9.04.02.030.035 Arcade. A public passageway or colonnade open along at least one side, except for structural supports, usually covered by a canopy or permanent roofing. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 9.04.02.030.040 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. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117/95) 9.04.02.030.045 Artist studio. A building or portion of a building used as a place of work by an artist. This shall not include performance or exhibition space, unless otherwise permitted. Living quarters for the artist may be permitted provided the area devoted to living quarters does not exceed fifty percent of the square footage of the total studio space. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 9.04.02.030.050 Attic. The area located above the ceiling of the top story and below the roof and not usable as habitable or commercial space. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117/95) 9.04.02.030.055 Auditorium. A building or room designed to accommodate groups of people for meetings, performances or eveQ.ts. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117/95) 9.04.02.030.060 Automobile center. A grouping of individual automobile dealerships offering a variety of automobile makes and models proposed as a single development project. (Added by Ord. No. 1826CCS § I (part), adopted 11/7/95) 9.04.02.030.065 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. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117/95) 407 9.04.02.030.070 Automobile rental agency. Any business establishment which rents or othenvise 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. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 9.04.02.030.075 ·Automobile repair facility. Any building, structure, improvements or land used for the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles 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 alanns, stereo equipment. or cellular telephones. (Added by Ord. No. 1826CCS § I (part), adopted 1117/95) 9.04.02.030.080 Automobile service station. Any establishment whose primary ftmction 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. (Added by Ord. No. l826CCS § I (part), adopted 11/7/95) 9.04.02.030.085 Automobile storage lot. Any property used for short-or long-term parking of vehicles for sale or lease at an off-site or on-site automobile dealership. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 9.04.02.030.090 Automobile washing facility. Any building, structure, improvement or land principally used for washing motor vehicles. (Added by Ord. No. l826CCS § 1 (part), adopted 11/7/95) . 9.04.02.030.095 Awning. A temporary shelter supported entirely from the exterior wall -of a building. Awnings may be fixed or collapsible, retractable or capable of being folded against the face of the supporting building. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117/95) 9.04.02.030.100 Bakery. An establishment which is primarily engaged in the retail sal~ of baked products for consumption off site. The products may be prepared either on or off site. Such use may include incidental food service. A bakery shall be considered a general retail use. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 9.04.02.030.105 Balcony. A platform that projects from the wall of a building and is surrounded on the exposed sides by a railing or wall up to forty-two inches in height. (Added by Ord. No. 1826CCS § I (part), adopted 11/7/95) 9.04.02.030.110 Bar. An establishment with a "pUblic premises'' liquor license and restaurants with a liquor service facility that is physically separate (Santa Monica Supp. No. 43, 12~04)
9.04.02.030.110 Santa Monica Municipal Code from the dining area and is regularly operated during hours not corresponding to food service hours. (Added by Ord. No. 1826CCS § I (part), adopted ll/7/95) 9.04.02.030.115 Basement. The portion of a structure below the finished first floor. A basement shall be considered a story if the finished floor level above this portion of the structure extends more than three' feet above the average natural or in the Ocean Park, R2, R3, and R4 Districts, theoretical grade. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95; amended by Ord. No. 2131CCS § 1, adopted 7/27/04) 9.04.02.030.120 Bathroom, full. A room containing a sink, a toilet, and a shower and/or bathtub. (Added by Ord. No. 1826CCS § I (part), adopted 11/7/95) 9.04.02:030.125 Bathroom, half. A room containing a toilet and a sink (Added by Ord. No. !826CCS § 1 (part), adopted 11/7/95) 9.04.02.030.130 Bay window. An angular or cUIVed window which projects from the building surface. If such bay or greenhouse window includes floor area, then it shall count towards parcel coverage. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 9.04.02.030.135 Bed and breakfast facility. A building or portion thereof which is used as a temporary lodging place for individuals generally for less than thirty consecutive days~ and which does not have more than four guest rooms and one kitchen. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 9.04.02.030.140 Bedroom. A private room planned and intended for sleeping, separated from other rooms by a door and accessible to a bathroom without crossing aoother bedroom. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117/95) 9.04.02.030.142 Billiard parlor. Any establishment or portion thereof in which there are four or more billiard tables. (Added by Ord. No. t84ICCS § 1, adopted 2/13/96) 9.04.02.030.145 Boardinghouse. A residential building with common cooking 8.!1-d eating facilities where a room or any portion of a room is rented for periods of genei:ally at least thirty days, where meals are provided, and where there is on-site facility management. ~Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 9.04.02.030.150 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 natme. (Added by Ord. No. 1826CCS § I (part), adopted 1117/95) (Santa Monica Supp. No. 43, 12-04) 408 9.04.02.030.155 Building height. The vertical distance measured from the average natural grade-to the highest point of the roof. However: in connection with development projects in the Ocean Park, R2, R3, and R4 Districts, building height shall mean the vertical distance measured from the theoretical grade to the highest point of the roof. (Added by Ord. No.l826CCS § I (part), adopted ll/7/95; amended by Ord. No. 2131CCS § 2, adopted 7/27/04) 9.04.02.030.160. Building, principal. A building in which the principal use of the parcel on which it is located is conducted. (Added by Ord. No. 1826CCS § I (part), adopted 11/7/95) 9.04.02.030.165 Building size. The aggregate of building mass aod building bulk permitted on a parcel which is defined by height regulations, setbacks and other property development standards. (Added by Ord. No. 1826CCS § 1 (part), adopted ll/7/95) 9.04.02.030.170 Canopy. A roof-like cover that projects from the wall of a building for the pmpose of shielding a doorway, window or wall from the elements. (Added by Ord. No. 1826CCS § I (part), adopted 11/7/95) 9.04.02.030.175 Carport. A permanently roofed structure providing space for parking or temporary storage of vehicles and enclosed on not more than three sides. (Added by Ord. No. 1826CCS § I (part), adopted 11/7/95) 9.04.02.030.180 Change of use. The establishment of any use which differs from the previous use of a building or place ofbusiness including but not limited-to having different impacts, such as having a different parking requirement or requiring a new planning permit or being otherwise_ differently regulated by the zoning ordinance as compared to the prior use. A change of ownership alone doeS not constitute a change of use. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 9.04.02.030.185 Child day care facility. A facility which provides non-medical care to children under eighteen years of a"ge in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four-hour basis. Child day care facility includes day care centers and family day care homes. Also see Day care center; Family day care home, large aod small. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117/95) 9.04.02.030.190 Church. See Place of worship. (Added by Ord. No. !826CCS § 1 (part), adopted 1117/95) 9.04.02.030.195 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
Santa Monica Municipal Code 9.04.02.030.195 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. (Added by Ord. No. 1826CCS § I (part), adopted 1117/95) 9.04.02.030.200 Club or lodge. A building and related facilities owned or operated by a corporation, association or group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its members and not primarily for profit, and whose members pay dues. A private club or lodge does not include a facility where the principal membership requirement is payment ofa membership or admission fee. (Added by Ord. No. 1826CCS §I (part), adopted 1117/95) 9.04.02.030.205 Community care facility. Any State licensed facility, place or building which is maintained and operated to provide non-medical residential care, day treatment, adult day care or foster family agency services for children, adults, or children and adults as defined in Article 1 of Chapter 3 ofthe California Health and Safety Code Section, 1500 et seq. (Added by Ord. No. 1826CCS § I (part), adopted 1117/95) 9.04.02.030.210 Congregate housing. A multi-family residential facility with shared kitchen facilities, deed-restricted or restricted by an agreement approved by the City for occupancy by low or moderate income households, designed for occupancy for periods of six months or longer, providing services which may include meals, housekeeping and personal care assistance as well as common areas for residents of the facility. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 9.04.02.030.215 Convalescent home. See Rest home. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117/95) 9.04.02.030.220 Cultural facilities. Museums, galleries, theaters and the like, which promote educational and aesthetic interest within a community. (Added by Ord. No. 1826CCS § I (part), adopted 1117/95) 9.04.02.030.225 Day care center. Any child day care facility other than a family day care home, and includes infant centers, preschools and extended day care facilities. (Added by Ord. No. 1826CCS § I (part), adopted 1117/95) 9.04.02.030.230 Delicatessen. An establishment which is engaged in the retail sale of food products for consumption off-site, including but not limited to salads, cheeses, cooked meats, smoked fish, and dried and canned goods. Such use may include incidental food service. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 409 9.04.02.030.235 Demolition. See Substantial remodel. (Added by Ord. No. 1826CCS §I (part), adopted 11/7/95) 9.04.02.030.240 Domestic violence shelter. A residential facility which provides temporary accommodations to persons or families who have been the victims of domestic violence. Such a facility may also provide meals, counseling, and other services, as well as common areas for the residents of the facility. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117/95) 9.04.02.030.245 Driveway. An access road leading from a public street or right-of-way to a designated parking area, or from one parking area to another, but not including any ramp, aisle, maneuvering area or driveway apron. (Added by Ord. No. 1826CCS §I (part), adopted 11/7/95) 9.04.02.030.250 Duplex. One structure on a single parcel containing two dwelling units, each Of which is functionally separated from the other. A duplex shall be considered a multi-family dwelling. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 9.04.02.o30.255 Dwelling. A structure or portion thereof which is used principally for residential occupancy. (Added by Ord. No. 1826CCS § I (part), adopted 1117/95) 9.04.02.030.260 Dwelling, multi-family. A building containing two or more dwelling units. More than one dwelling on a parcel shall be considered a multi-family use. (Added by Ord. No. !826CCS § I (part), adopted 11/7/95) 9.04.02.030.265 Dwelling, single family. A building containing one dwelling unit which contains only one kitchen and which is located on a permanent foundation. (Added by Ord. No. !826CCS § 1 (part), adopted 11/7/95) 9.04.02.030.270 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. (Added by Ord. No. 1826CCS § I (part), adopted 11/7/95) 9.04.02.030.275 Dwelling unit, efficiency. A dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and bathroom facilities. (Added by Ord. No. !826CCS § I (part), adopted 11/7/95) 9.04.02.030.276 Dwelling unit, second. "Second unit" means an attached or detached residential dwelling unit which provides complete independent living · (Santa Monica Supp. No. 59, 2-09)
9.04.02.030.276 Santa Monica Municipal Code facilities for one or more persons and which is located or established on the same lot on which a single~ family residence is located. A second unit shall contain permanent provisions for living, sleeping, eating, cooking and sanitation. "Second unit" shall also include an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code. (Added by Ord. No. 1942CCS § 1, adopted 5/11/99) 9.04.02.030.280 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. (Added by Ord. No. 1826CCS § I (part), adopted 11/7 /95) 9.04.02.030.285 Fa~ade. An exterior wall of a building. (Added by Ord. No. 1826CCS § 1 (patt), adopted 11/7/95) 9.04.02.030.290 Family day care home, large.* A home which provides family day care for seven to twelve children at any one time, including children under the age of ten years who reside at the home, as defined in State regulations. (Added by Ord. No. 1826CCS §I (part), adopted 11/7/95) * Note: State law establishes a different limitation on the number of child care spaces that may be provided in a large fami~y child care home. See California Health and Safety Code, Division 2, Chapter 3.6. This State law controls. 9.04.02.030.295 Family day care home, small.* A home which provides family day care for six or fewer children at any one time, including children under the age of ten years who-reside at the home, as defined in State regulations. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) * Note: State law establishes a different limitation on the number of child care spaces that may be provided in a small family child care home. See California Health and Safety Code, Division 2, Chapter 3.6. This State law controls. 9.04.02.030.300 Fence. A barrier of any material or combination of materials functioning as an enclosure or for screening. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 9.04.02.030.305 Fence height. The vertical distance between the ground and top of a fence measured from the lowest adjacent grade. The height shall be measured in a continuum at each point along the fence. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95; amended by Ord. No. 2276CCS § 1, adopted 10128/08) (Santa Monica Supp. No. 59, 2-09) 9.04.02.030.310 Finished first floor. The top of the first floor of a structure which does not extend more than three feet above the average natural, or in the Ocean Park, R2, R3, and R 4 Districts, theoretical grade. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117/95; amended by Ord. No. 2131CCS § 3, adopted 7127/04) 9.04.02.030.311 Firearms dealership. Any business which sells, transfers, leases or offers or · advertises for sale, transfer or lease any firearm or munitions. (Added by Ord. No. 1852CCS § 6, adopted 6/11/96) 410 9.04.02.030.315 Floor area. The total gross horizontal areas of all floors of a building, including usable basements and all areas measured from the interior face of exterior walls, or a wall separating two buildings excluding: (a) Stairways and stairwells; (b) Elevators, elevator equipment rooms and elevator shafts; (c) Ramps to a subterranean or semi-subterranean parking structure or ramps between floors of a parking structure provided the ramp does not accommodate parking; (d) Unenclosed decks, balconies and platforms not used for commercial or restaurant activity; (e) Courtyards, arcades, atria, paseos, walkways and corridors open to the outdoors whether or not covered by a roof provided they are not used for commercial or restaurant activity; (f) The volume above interior courtyards, ·atria, paseos, walkways and corridors whether covered or not; (g) Subterranean and semi-subterranean parking structures used exclusively for parking and loading and unloading; (h) At-grade parking not covered by a building, structure or roof; (i) Loading docks open or covered by a roof or canopy, but otherwise unenclosed and used exclusively for loading and unloading; (j) Mechanical equipment rooms, electrical rooms, telephone rooms, and similar space, if located below grade; (k) Enclosures constructed pursuant to Section 9.0( 14.050(k) for outdoor hoists in existence on the adoption of Ordinance Number 1452 (CCS). Floor area shall include those areas occupied by the following: (a) Restrooms, lounges, lobbies, kitchens, storage areas, and interior hallways and corridors; (b) The floor area of interior courtyards, atria, paseos, walkways and corridors covered by a'roof or skylight; (c) Covered at-grade parking; (d) 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: (a) The floor devoted to parking does not exceed ten feet in height; (b) There is at least one level of subterranean or semi-subterranean parking provided on the parcel;
Santa Monica Municipal Code 9.04.02.030.315 (c) The at-grade and above grade parking levels are screened from view; (d) There is no parking on the ground floor within forty feet of the front property line; (e) The design ofthe parking levels is compatible with the design of the building as determined by the Architectural Review Board. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95; amended by Ord. No. 1963CCS § 1, adopted 2/8/00) 9.04.02.030.320 Floor area ratio (FAR). The floor area of all buildings on a parcel divided by the parcel area. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 9.04.02.030.325 Game arcade. Any establishment or portion thereof in which there are four or more games or amusements. These games or amusements include, but are not limited to, electronic and video games, pinball machines, shooting gallery, table games, and similar amusement devices whether coin operated or on free play. (Added by Ord. No. 1826CCS § I (part), adopted 11/7/95) 9.04.02.030.330 Garage. An enclosed accessory building or portion of a principal building designed for use for the parking or temporary storage of vehicles. (Added by Ord. No. 1826CCS § I (part), adopted 11/7/95) 9.04.02.030.335 Garage, semi-subterranean. A structure located partly underground used for parking and storage of vehicles, where the finished floor of the first level of the structure is not more than three feet above the average natural grade, or in the Ocean Park, R2, R3, and R4 Districts, theoretical grade, except for openings for ingress and egress. (Added by Ord. No. 1826CCS § I (part), adopted 11/7/95; amended by Ord. No. 2131CCS § 4, adopted 7127/04) 9.04.02.030.340 Garage, subterranean. A structure entirely underground, except for openings for ingress and egress. (Added by Ord. No. 1826CCS § I (part), adopted 11/7/95) 9.04.02.030.345 General retail. A business which is engaged in selling goods or merchandise to the general public and which may provide services incidental to the sale of such goods. (Added by Ord. No. 1826CCS §I (part), adopted 11/7/95) 9.04.02.030.350 Grade, average natural. The average elevation of the ground level of the parcel surface in its natural state as measured at the intersection of the rear and front setback lines (if any) with the side setback lines of the parcel. For parcels with a grade differential of twelve and one-half feet or more, as measured from either any point on the front setback line to any point on the rear setback 411 line, or from any point on a side setback line to any point on the opposing setback line, average natural grade shall be calculated on three equal segments of the parcel created by drawing imaginary lines connecting opposite parcel lines at the intersection of the rear and front setback lines (if any) with the side setback lines at one-third increments of the depth of the parcel from the rear to the front setback (if any). This height calculation method shall be optional for parcels with less than a twelve and one-half foot grade differential. Also see Grade, theoretical. (Added by Ord. No. 1826CCS § I (part), adopted 11/7 /95) 9.04.02.030.355 Grade, theoretical. An imaginary lirie from the midpoint of the parcel on the front property line to the midpoint of the parcel on the rear property line, from which height calculations in the Ocean Park, R2, R3, and R4 District are measured. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95; amended by Ord. No. 2131CCS § 5, adopted 7/27/04) 9.04.02.030.360 Grading. Any stripping, cutting, soil removal, filling or stockpiling of earth or land. (Added by Ord. No. 1826CCS § I (part), adopted 11/7/95) 9.04.02.030.365 Grocery store. Any market or supermarket selling a full range of food products including meat, dairy, vegetable, fmit, dry goods and beverages where the total square footage exceeds three thousand square feet of floor area. (Added by Ord. No. 1826CCS § I (part), adopted 11/7/95) 9.04.02.030.370 Grocery store, neighborhood. Any small market selling a full range of food products including meat, dairy, vegetables, fruit, dry goods and beverages where the total square footage does not exceed three thousand square feet of floor area, unless a larger floor-area is authorized pursuant to Section 9.04.14.080(m). (Added by Ord. No. 1826CCS §I (part), adopted 11/7/95; amended by Ord. No. 2224CCS § 2, adopted 4/24/07) 9.04.02.030.375 Groundcover. 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. (Added by Ord. No. 1826CCS § I (part), adopted 11/7/95) 9.04.02.030.380 Ground floor. The first level of a building other than a basement. (Added by Ord. No. !826CCS §I (part), adopted 11/7/95) 9.04.02.030.385 Ground floor street frontage. The first level of a building, other than a basement, to a depth of no less than fitly feet of the front of the parcel. (Added by Ord. No. 1826CCS § I (part), adopted 11/7/95) (Santa Monica Supp. No. 59, 2-09}
9.04.02.030.390 Santa Monica Municipal Code 9.04.02.030.390 Hardscape. An open area comprised of durable non-living materials including, but not limited to rocks, pebbles, sand, wood, mulch, chips, walls, fences, planters, bricks, stone, aggregate, natural forms and water features. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117/95) 9.04.02.030.395 Hedge. A boundary or barrier of plant material formed by a row or series of shrubs, bushes, trees, or other similar vegetation that enclose, divide or protect an area or that prevent a person from passing between any combination of individual shrubs, bushes, trees, or other similar vegetation. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95; amended by Ord. No. 2276CCS § 2, adopted 10/28/08) 9.04.02.030.400 Homeless shelter, A residential facility, other than a community care facility, operated by a provider which provides temporary accommodations to persons or families with low income. The term "temporary accommodations" means that a person or family will be a11owed to reside at the shelter for a time period not to exceed six months. For purpose of this definition, a "provider" shall mean a government agency or private non-profit organization whiCh provides or contracts with recognized community organizations to provide emergency or temporary shelter, and which may also provide meals, counseling and other services, as well as common areas for residents of the facility. Such a facility may have individual rooms, but is not developed with individual dwelling units, with the exception of a manager's unit. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 9.04.02.030.405 Hospice. A facility that provides residential living quarters for up to six terminally ill persons. A hospice is a permitted use in all residential districts. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 9.04.02.030.410 Hotel. A building, group of buildings or a portion of a building which is designed for or occupied as the temporary lodgi1.1g place· of individuals for generally less than thirty consecutive days including, but not limited to, an establishment held out to the public as an apartment hotel, hostel, inn, timeshare project, tourist court or other similar use. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 9.04.02.030.415 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. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 9.04.02.030.420 Incidental food service. Any use of a building, room or space for the on-site sale and consumption of food and/or beverages where less than (Santa Monica Supp. No. 59, 2-09) 412 two hundred fifty square feet (interior and exterior) is utilized for on-site consumption of any food and/or beverage, including seating, counter space, or other eating arrangement, where the number of seats does not exceed twenty and where orders for food or beverages are not taken from the table. The seating area shall be defined by fixed barriers, such as full or partial walls, fencing or planters. The consumption area cannot exceed thirty-three percent of the floor area of a primary permitted on-site use. (Added by Ord. No. 1826CCS § 1 (part), adopted 1 In /95) 9.04.02.030.425 Kitchen. A room or space within a building used for cooking or preparing food. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 9.04.02.030.430 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 groundcovers, grass, flowers, vines, irrigation systems, and other design features commonly used in landscaping, but not including walkways, driveways, patios, and other landscape features . that use smooth concrete or asphalt. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 9.04.02.030.435 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 enviromnental impacts. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 9.04.02.030.440 Liquor store. An establishment primarily engaged in the retail sale of packaged alcoholic beverages, such as ale, beer, wine and liquor, for consumption offthe premises. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 9.04.02.030.445 Living area. The interior habitable area of an existing principal dwelling unit including a basement but not including a garage. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 9.04.02.030.450 Living quarters. A structure or portion thereof which is used principally for human habitation. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 9.04;02.030.455 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 goods. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117/95)
Santa Monica Municipal Code 9.04.02.030.460 Loft. A loft is considered a mezzanine. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7195) 9.04.02.030.465 Lot. See Parcel. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/719 5) 9.04.02.030.470 Low income household. A household whose gross annual income does not exceed sixty percent of the median income ofthe Los Angeles-Long Beach-Anaheim Primary Metropolitan Statistical Area (PMSA), as determined periodically by the U. S. Department of Housing and Urban Development (HUD), adjusted for household size. If a provision of the Municipal Code otherwise specifically defines low income household, then that definition governs the application of that section. See Moderate income household and Very low income household. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117 /95) 9.04.02.030.475 Manufactured house. A residential structure built off-site and moved to a designated site for placement on a permanent foundation. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7195) 9.04.02.030.480 Medical use. A business which is primarily engaged in providing services for health maintenance, diagnosis or treatment of human disease, pain, injury or physical condition, including, but not limited to, offices of acupuncturists, chiropractors, dentists, optometrists, physicians and podiatrists. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7195) 9.04.02.030.485 Mezzanine. An intermediate level without walls or partitions, bathrooms, closets or screens, and open to one room below. The clear height above or below a mezzanine floor shall not be less than seven feet. No more than one mezzanine may be permitted in any one room. When the total floor area of any such mezz_anine exceeds one-third of the total floor area in the room below, it shall constitute an additional story. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7195) 9.04.02.030.490 Middle income household. A household whose gross annual income is one hundred percent of the median income of the Los Angeles-Long Beach-Anaheim Primary Metropolitan Statistical Area 412-1 9.04.02.030.460 (Santa Monica Supp. No. 59, 2-09)
Santa Monica Municipal Code 9.04.02.030.490 (PMSA), as determined periodically by the U.S. Depart-ment of Housing and Urban Development (HUD), adjusted for household size. (Added by Ord. No. 1826CCS § 1 (part), adopted lln/95) 9.04.02.030.495 Mini-mart. A small retail store selling commonly purchased grooer-ies, fast-foods, household goods and impulse items, and located on the same parcel as a servioe station or operated in conjunction with a service station with common parking. (Added by Ord. No. 1826CCS § 1 (part), adopted lln/95) 9.04.02.030.500 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. (Added by Ord. No. 1826CCS § 1 (part), adopted lln/95) 9.04.02.030.505 Mobile home park. Any area or tract of land used or designed to accom-modate one or more trailers or coaches in use for long-tenn human habitation with minimum facilities for water, sewer, electricity and laundry. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117/95) 9.04.02.030.510 Moderate income household. A household whose gross annual income does not exceed one hundred percent of the median income of the Los Angeles-Long Beach-Anaheim Primary Metropolitan Statistical Area (PMSA), as determined periodically by the U. S. Department of Housing and Urban Development (HUD), adjusted for household size. If a provision of the Municipal Code otherwise specifically defines moderate-income household, then that definition governs the applica-tion of that Section. See Low income household and Very low income household. (Added by Ord. No. 1826CCS § 1 (part), adopted lln/95) · 9.04.02.030.515 MoteL An establishment providing transient accommodations containing six or more rooms with at least twenty-five percent of all rooms having direct access to the outside without the necessity of passing through the main lobby · of the building. Rooms in such an establishment shall be generally provided for periods of less than thirty consecutive days. (Added by Ord. No. 1826CCS § 1 (part), adopted lln/95) 9.04.02.030.520 Nightclub. An establishment which provides music, dancing, or other entertainment, and which may also serve food or drink, but which does not otherwise qualify as a "bar" or "restaurant." (Added by Ord. No. 1826CCS § 1 (part), adopted lln/95) 413 9.04.02.030.525 Nonconforming building or strnetnre, legal. A structure, the size,. dimension or location of which were lawful prior to the effective date of the ordinance codified in this Chapter or any amendment thereto, but which fails to conform to the present requirements of the Zoning Ordinance. (Added by Ord. No. 1826CCS § 1 (part), adopted 11n195) 9.04.02.030.530 Nnrsing 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. (Added by Ord. No. 1826CCS § 1 (part), adopted lln/95) 9.04.02.030.535 Off-site hazardous waste facility. An operation involving handling, treatment, storage or disposal of a hazardous waste in one or more of the following situations: (a) The hazardous waste is transported via commercial railroad, a public-owned road or public waters, where adjacent land is not owned by or leased to the producer of the waste. (b) ·The hazardous waste is at a site which is not owned by or leased to the producer of the waste. (c) The hazardous· waste is at a site which receives hazardous waste from more than one producer. (Added by Ord. No. 1826CCS § 1 (part), adopted lln/95) 9.04.02.030.540 Ofllce, specialty. Uses intended to provide a service without requiring an appointment such as travel agencies, real estate offices and iosurance agencies. (Added by Ord. No. 1826CCS § 1 (part), adopted lln/95) 9.04.02.030.543 Open air farmers market. _ A location where the primary activity is the sale of agricultural products by producers and certified producers. Sales of ancillary products may occur at the location. An open air farmers market may only be operated by a local government agency. (Added by Ord. No. 1895CCS § 1, adopted 1127/98) 9.04.02.030.545 Open space, common. Any outdoor area, not dedicated for public use, which is designed and intended for the common use and enjoy-ment of the residents or occupants of the development. (Added by Ord. No.1826CCS § 1 (part), adopted lln/95) 9.04.02.030.550 Open space, private. Usable open space, including but not limited to, a deck, yard, patio, or combioation therebf, which is specifically designed and constructed to be occupied and used by the resident of a dwelling unit and which is adjacent to, accessi-ble from, and at the same or approximate elevation as the primary space of the dwelling unit. (Added by Ord. No. 1826CCS § 1 (part), adopted lln/95) (Santa Monica 2-00)
9.04.02.030553 Santa Monica Municipal Code · 9.04.02.030.553 Outdoor antique market. · An event where the primary activity is the sale of antiques and collectibles by individual dealers, including but not thnited to such items as jewelry, vintage books, furniture, home furnishings, ceramics, and clothing; An outdoor antique market shall be subject to performance standards established pursuant to Section 9.04.12150 and Section 9.04.20.08 et seq. (Added by Ord. No.l961CCS § 3, adopted 11/9/99) 9.04.02.030.555 Outdoor storage. · The keeping, in an unroofed area, of any goods, junk, material, merchandise or vehicles in the same place for more than seventy-two hours. (Added by Ord. No. 1826CCS § 1 (part), adopted lln/95) .9.04.02.030.560 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 un-derlying residential, commercial or industrial district. (Added by Ore!. No. 1826CCS § 1 (part), adopted lln/95) 9.04.02.030.565 Parapet. A low wall or railing extending above the roof and along its perimeter. (Added by Ord. No. 1826CCS § 1 (part), adopted lln/95) 9.04.02.030.570 Parcel. A portion of land separated from other portions of land by legal description, as on a subdivision or record of survey map, or by metes and bounds. Parcel shall also include two or more lots combined to be used, developed or built upon as a unit as provided for in Section 9.04.06.010. (Added by Ore!. No. 1826CCS § 1 (part), adopted lln/95) 9.04.02.030.575 Parcel area. The iota! area within the property lines of a parcel, excluding any street or alley right-of-way. (Added by Ord. No. 1826CCS .§ 1 (part), adopted lln/95) 9.04.02.030.580 Parcel, comer. A parcel of land abutting two or more streets at their intersection, or up9n two parts of the same street forming an interior angle of less than one hundred thirty-five degrees. (Added by Ore!. No. 1826CCS § 1 (part), adopted lln/95) 9.04.02.030.585 Parcel coverage. The area of a parcel covered by a building or structure. Parcel coverage shall include the following: the area of parcel directly covered by the footprint of all buildings or structures on the parcel; the area· of a parcel directly below any upper portion of a building or structure that is cantilevered beyond the. edge of the first level of a building or structure except for permitted projections as specified io Section 9.04.10.02180; and the area of a parcel directly below those portions of any balcony, stairway, porch, platform or deck that is enclosed on at least three (Santa Monica 2-00) 414 sides, (Added by Ord. No. 1826CCS § 1 (part), adopted lln/95) .. , ' 9.04.02.030.590 Parcel depth. The distance measured from the front parcellioe to the rear parcel line as per the legal description of the property. (Added by Ord. No. 1826CCS § 1 (part), adopted lln/95) . 9.04.02.030.595 · · Parcel, flag. 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. (Added by Ord. No. 1826CCS § 1 (part), adopted nn 195) 9.04.02.030.600 Parcel frontage. The width of the front parcel line measured at the street right-of-way. (Added by Ord. No. 1826CCS § 1 (part), adopted lln/95) 9.04.02.030.605 Parcel, key. The first interior parcel to the rear of a reversed comer parcel and not separated therefrom by an alley. (Added by Ord. No. 1826CCS § 1 (part), adopted lln/95) 9.04.02.030.610 P.arcelline. A line of record bounding a parcel which divides one parcel from another parcel or from a public or private street or any other public space. (Added by Ord. No. 1826CCS § 1 (part), adopted lln/95) 9.04.02.030.615 Parcel line, front. The parcel line separating a parcel from a street right-of-way. In .the case of a comer parcel, the line separating the narrowest street frontage of the parcel from the street shall be considered the front. (Added by Ore!. No. 1826CCS § 1 (!>art), adopted lln/95) 9.04.02.030.620 · P&n:eninti, rear; · The parcel line opposite and most distant from the front parcel line; or in the case of triangular or otherwise irregu-larly shaped parcel, aline ten feet in length entirely within the parcel, parallel to, and at a maximum distance from the front parcel line. (Added by Ord. No. 1826CCS § 1 (part), adopted lln/95) 9.04.02.030.625 Parcel line, side. Any parcel line other ·than a front or rear parcel line. (Added by Ore!. No.1826CCS §. 1 (part), adopted lln/95) 9.04.02.030.630 Parcel, reversed comer. A comer parcel, the side street line of which is sub-stantially a continuation of the front parcel line of the first parcel to its rear. (Added by Ord. No. 1826CCS § 1 (part), adopted lln/95) · 9.04.02.030.635 Parcel, through. A parcel which fronts on two parallel streets or which fronts upon two streets which do not intersect at the
Santa Monica Municipal Code 9.04.02.030.635 boundaries ofthe parcel. (Added by Ord. No. 1826CCS § !(part), adopted ll!7/95). 9.04.02.030.640 Parcel width. The horizontal distance betWeen the side lines of a parcel measured at right angles to its depth along a straight line parallel to the front parcel line at the street or public right-of-way that is identified as the parcel's address. (Added by Ord. No. 1826CCS § I (part),adopted ll!7/95) 9.04.02.030.645 Pedestrian orientation. Design qualities and elements that contribute to an active, inviting street-level environment as set forth in Section 9.04.10.02.440. (Added by Ord. No. 1826CCS §I (part), adopted 11/7/95; amended by Ord. No. l893CCS § I, adopted 1113/98) 9.04.02.030.650 Pedestrian-oriented use. A use which is intended to encourage walk-in customers and which generally does not limit -the number of customers by requiring appointments or otherwise excluding the general public. A pedestrian-oriented use may suggest or require appointments for services when primarily for the. convenience· of the customer, such as reservations with restaurants, beauticians or optometrists to avoid being turned away due to unavailability. (Added by Ord. No. 1826CCS § I (part), adopted 11/7/95) 9.04.02.030.655 Permitted use. Any use al1owed in a zoning district and subject to the restrictions applicable to that zooing district. (Added by Ord. No. 1826CCS § I (part), adopted 11/7/95) 9.04.02.030.660 Photocopy shop. A retail establishment that reproduces or prints documents. A print shop shall be considered to be the same as a photocopy . shop. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 9.04.02.030.665 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. (Added by Ord. No. l826CCS § I (part), adopted 11/7/95) 9.04.02.030.670 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. (Added by Ord. No. 1826CCS § I (part), adopted 1117/95) 9.04.02.030.675 Primary space. Living room) dining room:, family room, library, or similar such activity room in a dwelling unit. (Added by Ord. No. 1826CCS § I (part), adopted 11/7/95) 9.04.02.030.680 Primary window. A glazed surface whose area is larger than any other glazed surface in a room which serves as a primary space. (Added by Ord. No. 1826CCS § I (part), adopted 11/7/95) 414-1 9.04.02.030.685 Principal use. The primary or predominant. use of any site. (Added by Ord. No. 1826CCs § 1 (part), adopted 11/7/95) 9.04.02.030.690 Private tennis court. A tennis court which is used for noncommercial purposes by the owner(s) of the property or guests. (Added by Ord. No. 1826CCS § I (part), adopted 11/7/95) 9.04.02.030.695 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. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 9.04.02.030.700 Public utility service center and service yard. Any building or property used for the administration of public utilicy repair, maintenance, and installation crews, ware_house, storage yard or maintenance garage including vehicle parking of a public utility. (Added by Ord. No. 1826CCS § I (part), adopted 11/7/95) 9.04.02.030.705 Recreational building. Incidentai park structures such as restrooms and maintenance facilities •. commnnity rooms, locker rooms and showers servicing persons using the beaches or ocean, playing courts, playgrounds, picnic areas, public swimming pools. (Added by Ord. No. 1826CCS § I (part), adopted 11/7/95) 9.04.02.030.710 Residential care facility for the elderly. A State-licensed· housing arrangement chosen voluntarily by residents over sixty years of age where varying le~els and intensities of care and supervision, protective supervision, personal care or 'health-related services are provided, based upon residents • varying needs, as determined in order to be admitted and relnain in the facilityj as defined in Chapter 3.2 of tfie California Health and Safety Code, Section 1569 et. seq. A residential care facility for the elderly. serving six or fewer persons shall be considered a family dwelling ·for all zo~g pmposes. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117/95) 9.04.02.030. 715 Residentialfacility. A community,care facility which consists of any family home, grouP care facility, or similar facility as determined by the Director of the State Department ·of Social Services, for twenty-four-hour non-medical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual, as defined in Article I of Chapter 3 of the California Health and Safety Code, Section 1500 et seq. A residential facility serving six or fewer persons shall be considered a family dwelling for all zoning pmposes. (Added by Ord. No. 1826CCS § I (part), adopted 1117/95) (Santa Monica Supp. No. 42, 8-04)
9.04.02.030.718 Santa Monica Municipal Code 9.04.02.030.718 Residential housing and educational facility for young adults emancipated from foster care. A residential housing and educational facility that provides supervised nonMpermanent housing accommodations for young adults, at least eighteen years of age, emancipated from foster care. Such a facility may also provide meals, counseling, and other services, as well as common areas for the residents of the facility. (Added by Ord. No. 2094CCS § 1, adopted 9/9/03) 9.04.02.030.720 Residential use. One or more rooms designed, occupied or intended for occupancy as primary living quarters in a building or portion thereof. (Added by Ord. No. 1826CCS § I (part), adopted 1117/95) 9.04.02.030.725 Rest home. An extended or intermediate care facility licensed or approved to provide health care under medical supervision for twenty-four or more consecutive hours to two or more patients. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117/95) 9.04.02.030.730 Restauraitt. Any building, room, space or portion thereof where food is sold for consumption on site, except for uses qualifying as incidental food service. A restaurant may pr~lVide music or other e~tertainment if: {1) there is sit down meal service provided at all times while the entertainment is taking place; (2)_ there is no dancing or dance floor; (3) there is no cover charge or minimum drink purchase requirement; and (4) the entertainment is provided only in the dining areas. A restaurant with entertainment beyond the scope of these limitations during ~pecified hours on a nightly, weekly, or other regular basis shall also be considered a nightclub and such entertainment use shall be prohibited unless a separate conditional use permit for that nightclub Use has been obtained. Restaurants legally existing as of the effective date of the ordinaiJ.ce codified in this Section which provide entertainment beyond the scope of the limitations set forth above sha11 be able to continue such entertainment as existed on the effective date ofthe ordinance codified in this Section _without obtaining a nightclub conditional use permit, provided that the provision of live entertainment or dancing is not the primary use of the establishment, and provi_ded there is no intensification or expansion of such entertainment component. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117/95) 9.04.02.030.735 Restaurant, fast-food, take-out or drive-through. A restaurant where customers purchase food and either consume the food cin the premises within a short period oftime or take the food off the premises. Typical characteristics of a fast-food restaurant include, but are not limited to, the p_urchase of food at a walk-up window or counter, payment for food prior to consumption and the packaging of food in disposable containers. A restaurant shall not be considered a fast-food or take~out restaurant solely on the basis of incidental or occasional take-out sales. A restaurant shall be considered a drive-through or drive-in restaurant where customers may be served food in their vehicles (Santa Monica Supp. No. 42, 8-04) for consumption either on or off the site. (Added ~y Ord. No. 1826CCS § 1 (part), adopted 1117/95) 9.04.02.030.740 Roof. That portion of a building or structure above walls or cohtinns that shelters the floor area or the structure below. (Added by Or d. No. 1826CCS § 1 (part), adopted 1117/95) 9.04.02.030.745 Sanitarium. An institution for the treatment of perSons with chronic and usually long·terrn illnesses. (Added by Ord. No. 1826CCS. § 1 (part), adopted 1117/95) 9.04.02.030.750 · Secondary window. A window serving a bedroom, bathroom, ·kitchen, stairway, corridor or storage area in a dwelling unit; or a non-primary window in a primary space, (Added by Ord. No. 1.826CCS § 1 (part), adopted 1117/95) 9.04.02.030.755 Self-service storage warehouse (mini-warehouse); A structure containing separate storage spaceS, which may be pfvarious sizes, leased or rented on an individual basis. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117/95) 9.04.02.030.760 Senior citizen. An individual sixty-two years of age or older. (Added by Ord, No. 1826CCS § 1 (part), adopted 1117/95) 9.04.02.030.765 Senior group housing. A building or buildings, including a single family dwelling, that provides residence for a group of."senior citizens with a central kitchen and dining facilities and a separate bedroom or private living quarters. (Added by Ord. No. 1826CCS § 1 (part), adoj)ted 1117/95) 9.04.02.030.770 Senior housing. Multi~family residential housing, other than a residential care facility for the elderly or senior group housing, developed with individual dwelling units, in which each unit is restricted for occupancy by at least one person in each household who is sixty years of age or older. Without restriction as to age of occupant, units may also be occupied by management or maintenarice persorinel who are required to live on the premises. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117/95) 414-2 9.04.02.030.775 Setback. The distance between the parce~ · line and a building, not including permitted projections. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117/95) 9.04.02.030.778 Short-term rental housing. Rental housing which has the following attributes: (a) The housing is designed for use by individuals who will reside on the property for a minimum suiy of at least 30 consecutive days, but who otherwise intend their occupancy to be temporary. (b) The housing is intended for use by persOns who will maintain Or obtain a permanent place of residence elsewhere.
Santa Monica Municipal Code (c) The housing includes some or all of the follO\ying amenities: (1) Maid and linen service (2). Health club, spa, pool, tennis courts, or memberships to area facilities (3) Business service centers (4) Meeting rooms (5) Fully furnished units including a combination of some · but not necessarily all of the following: furniture, appliances, housewares, bed ~inens, towels, 3rtwork, te~evision sets, stereos, VCRs, CD players, fax machines, and Internet access. (6) Valet parking. (Added by Ord. No. 2120CCS § 1, adopted 3123104) 9.04.02.030.780 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 fifteen feet depending on their species and landscape application. (Added by Ord. No.1826CCS § 1 (part), adopted 1117195) 9.04.02.030.785 Sidewalk cafe. Any outdoor dining area located in any public sidewalk or right-of-way which is associated with a restaurant or other eating and drinking establishment on a contiguous adjacent parcel. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117195) 414-2a 9.04.02.030.778 (Santa Monica Supp. No. 42, 8-04)
. Santa Monica Municipal Code 9.04.02.030.778 (c) The housing includes some or all of the following amenities: (!) Maid and linen service (2) Health club, spa, pool, tennis courts, or memberships to area facilities (3) Business service centers ( 4) Meeting rooms (5) Fully furnished units including a combination of some but not necessarily all of the following: furniture, appliances, housewares, bed linens, towels, artwork, television sets, stereos, VCRs, CD players, fax machines, and Internet access. (6) Valet parking. (Added by Ord. No. 2120CCS § 1, adopted 3/23/04) 9.04.02.030.780 Shrub. A plant with a compact growth habit and branches coming from the base ofthe plant. Mature heights of shrubs may vary from one foot to fifteen feet depending on their species and landscape application. (Added by Ord. No. 1826CCS § I (part), adopted 1117/95) 9.04.02.030.785 Sidewalk cafe. Any outdoor dining area located in any public sidewalk or right-of-way which is associated with a restaurant or other eating and drinking establishment on a contiguous adjacent parcel. (Added by Ord. No. 1826CCS § I (part), adopted 1117195) 9.04.02.030.790 Single room occupancy housing. Multi-family residential buildings containing housing units with a minimum floor area of one hundred fifty square feet and a maximum floor area of three hundred seventy-five square feet which may have kitchen and/or bathroom facilities. Each housing unit is restricted to occupancy by no more than two persons and is offered on a monthly rental basis or longer. (Added by Ord. No. 1826CCS § I (part), adopted 1117195) 9.04.02.030.795 Site. Any parcel ofland or combination of contiguOus parcels of land. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117195) 9.04.02.030.800 Skylight. That portion of a roof which is glazed to admit light, and the mechanical fastening required to hold the glazing, including a curb not exceeding ten inches in height, to provide a weatherproofing barrier. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7/95) 9.04.02.030.805 Solar energy system. Any solar collection or other solar engergy 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. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117195) 9.04.02.030.810 Story. That portion of a building included between two consecutive floors of a building or the portion between a floor and the roof. A basement shall not be considered a story if the finished first floor does not exceed three feet above the average natural or theoretical grade of the parcel. An unfinished attic shall not be considered a story. See Mezzanine. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117195) 9.04.02.030.815 Structure. Anything constructed or erected, which requires a fixed location on the ground, or is attached to a building or other structure having a fixed location on the ground. (Added by Ord. No. 1826CCS § 1 (part)", adopted 1117195) 9.04.02.030.820 Subdivision. See Chapter 9.20 for all subdivision definitions. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117195) 9.04.02.030.825 Substantial remodel. The alteration of or addition to an existing legal nonconforming building to such a degree that the entire building must conform to all current, applicable zoning regulations including, but not limited to, land use approvals, setbacks, height, and parking. Structures substantially remodeled shall also be considered demolished and subject to Part 9.04.10.16 of Subchapter 9.04.10 of the Zoning Ordinance. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117195; amended by Ord. No. 2278CCS § 1, adopted 11125108) 9.04.02.030.830 Tandem parking. A group of tWo or more parking spaces arranged one behind the other where one spac.e blocks access to the other space. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117195) 9.04.02.030.835 Temporary structure. A structure without any foundation or footing and which is removed when the designated time period, activity or use for which the temporary structure was erected has ceased. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117195) 9.04.02.030.840 Theater. Any hall where live entertainment is given or held as the principal use, which contains a permanent stage upon which movable scenery and theatrical appliances are used and where regular theatrical performances are given. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117195) 9.04.02.030.845 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 mobile home~ trailer coach or house trailer. (Added by Ord. No. 1826CCS § 1 (part), adopted 1117195) 414-3 (Santa Monica Supp. No. 59, 2-09)
9.04.02.030.850 Santa Monica Municipal Code 9.04.02.030.850 Trailer court. See Mobile home park. (Added by Ord. No. 1826CCS § I (part), adopted 1117/95) 9.04.02.030.855 Transitional housing. A multi-family residential facility developed in an individual dwelling unit format that does not restrict occupancy to six months or less and that provides temporary accommodations to low and moderate income persons and families for periods of up to three years, and which also may provide meals, counseling, and other services, as well as common areas for residents of the facility. (Added by Ord. No. 1826CCS § I (part), adopted 1!17/95) 9.04.02.030.860 Tree. A plant having at least one well-defined stem or trunk and normally attaining a mature height of at least fifteen feet, with an average mature spread of fifteen feet, and having a trunk that shall be kept clear ofleaves and branches at least six feet above grade at maturity. (Added by Ord. No. 1826CCS § I (part), adopted 1117/95) 9.04.02.030.865 Tree, fifteen-gallon. A fifteen-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. (Added by Ord. No. 1826CCS § I (part), adopted 1117/95) 9.04.02.030.870 Tree, twenty-four-inch box. A twenty-four-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. (Added by Ord. No. l826CCS § I (part), adopted 1117/95) 9.04.02.030.875 Use. The purpose or activity for which land is zoned or a structure is used. (Added by Ord. No. !826CCS § I (part), adopted 1117/95) 9.04.02.030.880 Very low income household. A household whose gross annual income is between zero percent and fifty percent 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. (Added by Ord. No. 1826CCS § I (part), adopted 1117/95) 9.04.02.030.885 Warehouse. A building, group of buildings or a portion of a building used for the storage of goods and materials. (Added by Ord. No. !826CCS § I (part), adopted 1117/95) 9.04.02.030.890 Wholesale trade. An establishment or place ofbusiness primarily engaged in selling and/or distributing merchandise to retailers; to industrial, commercial, institutional or professional business users, or to other wholesalers; or acting as agents or brokers (Santa Monica Supp. No. 59, 2-09) 414-4 and buying merchandise for, or selling merchandise to, such individuals or companies. This is not considered a general commercial use. (Added by Ord. No. 1826CCS § I (part), adopted 11/7/95) 9.04.02.030.895 Yard. An open space situated between parcel lines and not covered by buildings. (Added by Ord. No. 1826CCS § I (part), adopted 11/7/95) 9.04.02.030.900 Yard, front. A space extending the full width of the parcel between any building and the front parcel line, and measured perpendicularly to the building at the closest point to the front parcel line. (Added by Ord. No. 1826CCS § I (part), adopted 11/7/95) 9.04.02.030.905 Yard, rear. A space extending the full width ofthe parcel between the principal building and the rear parcel line measured perpendicularly from the rear parcel line to the closest point of the principal building. (Added by Ord. No. 1826CCS § I (part), adopted 1117/95) 9.04.02.030.910 Yard, side. A space extending the full depth ofthe parcel between the principal building and the side parcel line measured perpendicularly from the side parcel line to the closest point of the principal building. (Added by Ord. No. 1826CCS § 1 (part), adopted 11/7 /95) 9.04.02.030.915 Yard, street side. A space extending the full depth ofthe parcel between the principal building and the side parcel line adjacent to a public street right-of-way measured perpendicularly from the side parcel line to the closest point of the principal building. (Added by Ord. No. 1826CCS §I (part), adopted 11/7/95) 9.04.02.030.920 Yard sale. Any sale held for the purpose of selling, trading or otherwise disposing ofhousehold furnishings, personal goods or other tangible properties under control of the person holding such sale and conducted in a residential district. (Added by Ord. No. 1826CCS § I (part), adopted 1117/95) 9.04.02.040 Number of days. Consecutive calendar days shall be used when calculating the number 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. (Prior code § 9000.4) 9.04.02.050 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 number, when the
Santa Monica Municipal Code 9.04.02.050 fraction is one-half or more, and to the next lowest whole number when the fraction is less than one-half, .except as otherwise provided by this Chapter. (Prior code § 9000.5) Subchapter 9.04.04 Establishment of Zoning Districts 9.04.04.010 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. (c) R2 Low Density Multiple-Family Residential District. (d) R3 Medium Density Multiple-Family Residential District. (e) R4 High Density Multiple-Family Residentia!District. (f) RVC Residential-Visitor Serving Commercial District. (g) BCD Broadway Commercial District. (h) C2 Neighborhood Commercial District. (i) C3 Downtown Commercial District. G) C3-C Downtown Overlay District. (k) C4 Highway Commercial District. (1) . C5 Special Office Commercial District. (m) C6 Boulevard Commercial District. (n) CM Main Street Special Commercial District. ( o) CP Commercial Professional District. (p) CC Civic Center District. ( 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. TheRl, R2R, R2, R3, R4, RVC andR-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. (Prior code§ 9001.1) 9.04.04.020 Adoption of district map. Tbe boundsries of the zoning districts established by Section 9.04.04.010 shall be shown upon the rnap 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. (Prior code§ 9001.2; amended by Ord. No. 1622CCS, adopted 4/28/92) 9.04.04.030 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. (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 center lin~ 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. (Prior code§ 9001.3) 9.04.04.040 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 forth in Part 9.04.20.16 of this Chapter. (Prior code§ 9001.4) Subchapter 9.04.06 General Requi~ements 9.04.06.010 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 permitte.d 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 district at the time of the adoption of the ordinance codified in 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. (d) No yard or open space provided adjacent to any building for the purpose of complying with the regulations of 414-5 (Santa Monica Supp. No. 59, 2-09)
9.04.06.010 Santa Monica Municipal Code this Chapter shall be considered as providing a: yard or open space for any 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 patcel 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 locatec;l; (3) The parcel fails to comply with any otherrequirement of this Chapter; ( 4) Any portion of aparcel 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) A building or use may cross property lines only if: (1) The building site shall be subject to all requirements of this Chapter as though the total area comprised in the site were a single parcel; (2) A covenant by the owner(s) 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(s) to develop the parcels as a single building site and shall be in the form required by the Zoning Administrator. (Prior code§ 9002.1; Ord. No. 1834CCS § 1, 12/12/95) 9.04.06.020 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 va1id building permit is in effect as of the effective date of the ordinance codified in this Chapter; (c) Previously Approved Development Permit. The erection, construction, enlargement, demolition, moving, conversion of and 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 year of the date of adoption of the ordinance codified in this Chapter. No time extensions shall be granted for any development permit approved prior to the adoption of the ordinance codified in this Chapter; (d) Applications Deemed Complete. Any project for which an application was filed pursuant to Ordinance Number 1321 (CCS) and deemed complete in accordance with (Santa Monica Supp. No. 59, 2-09) 414-6 Ordinance Number 1441 (CCS) or 1449 (CCS) prior to April 29, 1988; (e) Development Agreement. Development in accordance with the terms and conditions of a development agreement approved by the City Council pursuant to Chapter 9.48 of this Code; (f) Vesting Tentative Maps. Any residential project for which a vesting tentative map was filed between April 29, 1988, and July 28, 1988, and subsequently deemed complete in accordance with Chapter 9.20 of this Code. (Prior code§ 9002.2; amended by Ord. No. 1463CCS, adopted 1/10/89) 9.04.06.030 Building 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 is unlawful to commence any work until and unless a building permit is issued. No building shall be occupied or used uriless a business license for the use, where required, is first obtained in accordance with the Code. (b) Each application of a building permit 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 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. (Prior code § 9002.3) 9.04.06.040 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.
Santa Monica Municipal Code 9.04.06.040 (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 been performed for such occupancy or tenancy. (c) 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. (Prior code § 9002.4) 9.04.06.050 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 s"imilar uses not specifically listed or classified in this Chapter. (Prior code § 9002.5) 9.04.06.060 Conflict with other regulations. 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 ofbuildings 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. (Prior code§ 9002.6) 9.04.06.070 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 pennit or license issued in conflict with the provisions of this Chapter, shall be null and void. (Prior code § 9002. 7) 9.04.06.080 Compliance by City, school district, and other agencies. · To the extent pennitted 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. (Prior code § 9002.8) 415 9.04.06.090 Neighborhood impact statement. A neighborhood impact statement shall be prepared as part of the City's environmental review process for any project over fifteen thousand 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. (Prior code § 9002.9) 9-04.06.100 Conformance with ocean park zoning standards adopted on September 26, 1989. Any project for which an application waS filed prior to September 19, 1989 shall not be required to comply with Parts 9.04.08.44, 9.04.08.46, 9.04.08.48, 9.04.08.50, 9.04.08.52, 9.04.08.54, Chapter 9.04 of the Santa Monica Municipal Code and Sections 9.04.10.02.030, 9.04.1 0.02.1 00, 9.04.1 0.02.170, 9.04.1 0.02.180, 9.04.1 0.02.41 0, 9.04.10.04.020, 9.04.10.04.060, 9.04.1 0.08.1 00, 9.04.1 0.08.21 0, 9.04.1 0.14.01 0, 9.04.1 0.14.020, 9.04.20.1 0.030, 9.04.20.32.0 10 through 9.04.20.32.070 and prior code Section 9047.3 of the Santa Monica Municipal Code, adopted on September 26, 1989. (Prior code§ 9002.10; added by Ord. No. 1496CCS, adopted 9/26/89.) Subchapter 9.04.08 Zoning Districts and Uses Part 9.04.08.02lU Single Family Residential District 9.04.08.02.010 Purpose. The Rl District 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 a degree larger than the City's geographic limits, tax base Or finallcial capabilities can reasonably and-responsibly accommodate. The Rl District affords protection from deleterious environmental effects and serves to maintain and protect the existing character of the residential neighborhood. (Prior code§ 9010.1; amended by Ord. No. 1697CCS § 2 (part), adopted 8/10/93) 9.04.08.02.020 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 fourteen feet in height; (d) Except in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean A venue, one-story accessory buildings over fourteen feet in height to a maximum height of twenty-eight feet, or two-story accessory buildings up to a maximum height of twenty-eight feet, if such buildings conform to the required setbacks and step backs for the principal building and with the development standards set forth in Section 9.04.14.110; (Santa Monica Supp. No. 52, 2-07)
9.04.08.02.020 Santa Monica Municipal Code (e) Public parks and playgrounds; (f) Small family day care homes; (g) State authorized, licensed, or certified uses to the extent required to be permitted by State Law; (h) Yard sales, limited to two per calendar year, for a maximum of two days each; (i) Domestic violence shelter. (Prior code § 9010.2; amended by Ord. No. 1697CCS § 2 (part), adopted 8/10/93; Ord. No. 1950CCS § 1, adopted 8/1 0/99) 9.04.08.02.030 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 fourteen feet in height, on a parcel having a minimum area of ten thousand square feet; (c) Private tennis courts. (Prior code§ 9010.3; amended by Ord. No. 1697CCS § 2 (part), adopted 8/10/93) 9.04.08.02.040 Uses subject to use permit. The following use may be permitted in the Rl District subject to the approval of a use permit: (a) Duplexes on a parcel having not less than six thousand square feet of area, a side parcel line of which abuts or is separated by an alley from any R2, R3 or R4 District; (b) Second dwelling units subject to the requirements set forth in Section 9.04.13.040; (c) On parcels in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, one-story accessory buildings over fourteen feet in height to a maximum height of twenty-four feet, or two-story accessory buildings up to a maximum height of twenty-four feet, if such buildings conform to the development standards set forth in Section 9.04.13.050. (d) On parcels in the area bounded by Montana A venue, the northern City limits, Twenty-Sixth Street and Ocean A venue, curb cuts for purposes of providing street access to an On-site parking garage on parcels with an adjacent side or rear alley having a minimum right-of-way of fifteen feet. (Added by Ord. No. 1697CCS § 2 (part), adopted 8110/93; amended by Ord. No. 1942CCS § 2, adopted 5/11/99; Ord. No. 1950CCS § 2, adopted 811 0/99) 9.04.08.02.050 Conditionally permitted uses. The following uses may be permitted in the Rl District subject to the approval of a conditional use permit: (a) Residential housing and educational facility for young adults emaricipated from foster care. ' (b) Schools. (Prior code§ 9010.4; amended by Ord. No. 1697CCS § 2 (part), adopted 8/10/93; amended by Ord. No. 2094CCS § 2, adopted 9/9/03) 9.04.08.02.060 Prohibited uses. (a) Boarding houses. (b) Rooftop parking. (Santa Monica Supp. No. 52, 2-07) 416 (c) Any uses not specifically authorized. (Prior code§ 9010.5; amended by Ord. No. 1697CCS § 2 (part), adopted by 8/10/93; Ord. No. 1942CCS, § 3, adopted 5/11/99) 9.04.08.02.070 Property development standards. All property in the Rl District shall be developed in accordance with the following standards: (a) Maximum Building Height. (1) Two stories, not to exceed twenty-eight feet, which includes all building elements except chimneys and required vents; (2) On lots of more than twenty thousand square feet with a minimum front parcel line dimension of two hundred feet, the height shall not exceed thirty-five feet for a pitched roof or twenty-eight feet for other types of roofs. (3) On lots ofless than twenty-thousand square feet in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, the maximum building height shall be thirty-two feet, except that for a parcel with greater than thirty-five percent parcel coverage, the maximum building height shall be one story, not to exceed eighteen feet, which includes all buildirig elements except chimneys and required vents. (b) Maximum Unit Density. One dwelling unit per parcel, except where a use permit has been approved for a duplex as permitted by Section 9.04.08.02.040(a). (c) Minimum Lot Size. Five thousand square feet. Each parcel shall contain a minimum depth of one hundred feet and a minimum width of fifty feet except for parcels bounded by the centerlines of First Court Alley to the west, Seventh Street to the east, Montana Place North Alley to the south, and Adelaide Drive to the north, which shall contain a minimum width of one hundred feet and a minimum depth of one hundred seventy-five feet Any parcel existing on the effective date of the ordinance codified in this Chapter shall not be subject to this requirement. (d)-Maximum Parcel Coverage. Thirty-five percent except that parcels with only one-story structures not exceeding eighteen feet in height may have a maximum parcel coverage of fifty percent, however, in the area bounded by Stewart Avenue) Exposition Boulevard, Centinela Avenue, and Pica Boulevard, maximum parcel coverage shall be forty percent except that parcels between three thousand one and five thousand square feet may have a parcel coverage of fifty percent, and parcels of three thousand square feet or smaller may have a parcel coverage of sixty percent. (e) Front Yard Setback. As shown on the Official Districting Map of the City, or, if no setback is specified, twenty feet. (f) Additional Front Step back Above Fourteen Feet in Height. For new structures or additions to existing structures, any portion of the front building elevation above fourteen feet exceeding seventy-five percent of the ·maximum buildable front elevation shall be stepped back from the front setback line an additional average amount equal to four percent of parcel depth) but in no case resulting in a required stepback greater than ten feet. However, in the area bounded by Montana A venue, the northern City limits, Twenty-Sixth
Santa Monica Municipal Code 9.04.08.G2.070 Street and Ocean Avenue, the stepback shall be as follows: any portion of the front building elevation above fourteen feet exceeding seventy percent of the maximum build8.ble front elevation shall be stepped back from the front setback line an additional average amount equal to eight percent of parcel depth, but in no case resulting in a required step back greater than twelve feet. As used in this Chapter, "maximum buildable elevation" shall mean the maximum potential length of the elevation permitted under these regulations, which includes parcel width or length (as applicable), minus required minimum setback. (g) Rear Yard Setback. Twenty-five feet. (h) Additional Rear Stepback Above Fourteen Feet in Height. For new structures or additions to existing structures, any portion of the rear building elevation aboVe fourteen feet exceeding seventy-fiVe percent of the maximum buildable rear elevation shall be stepped back from the rear setback line an additional average amount equal to four percent of parcel depth, but in no case resulting in a required stepback greater than ten feet. However, in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, the step back shall be as follows: the entire rear building elevation above fourteen feet shall be stepped back an amount equal to thirty percent of th.e lot depth, but no greater than forty feet ftom the rear property line. (i) Side Yard Setback. . (I) Except as otherwise provided in this subsection, ten percent of the parcel width or a minimum of three feet six inches, whichever is greater, but in no case greater than fifteen feet. (2) For structures over eighteen feet in height, including all building elements except chimneys and required vents, the required amount of setback for both side yards combined as measured at any point on the parcel, shall equal thirty percent of the parcel width but in no case be greater than a total of forty-five feet. The minimum setback for each side yard·shal1 also be equal to ten percent of the parcel width, or a minimum of three feet, six inches whichever is greater. (See also Section 9.04.1 0.02.190.) (3) Subdivision (2) of this subsection (i) shall not apply in the area bounded by Stewart Street, Exposition Boulevard, Centinela A venue, and Pi co Boulevard, (4) Subdivision (2) of this subsection (i) shali also not apply in the following circumstances to parcels in the area bounded by Lincoln Boulevard to the west, Pica Boulevard to the north, and the City boundaries to the east and south and in the area bounded by Montana A venue to the north, 22nd Street to the west, Wilshire Boulevard to the south and the City boundary to the east: (A) New structures on parcels that are forty-five feet or less in parcel width. (B) Additions to existing structures that do not constitute a substantial remodel on parcels that are less than fifty feet in parcel width. (C) Any development on parcels that are less than five thousand square feet in parcel area. (D) If modified by the Architectural Review Board in accordance with Section 9.04.08.02.080(!)(3) and (g). 417 G) Additional Side Step backs Above Fourteen Feet in Height. For new structures or additions to existing structures, any portjon of the side building elevation above fourteen feet exceeding fifty percent of the maximum buildable side elevation shall be stepped back from the side setback line an additional one foot for every two feet four inches-above fourteen feet of building height to a maximum height of twenty-one feet (k) Additional Side Step back Above Twenty-One Feet in Height. No portion of the building, except permitted projections, shall intersect a plane commencing twenty-one feet in height at the minimum sideyard setback and extending at an angle of forty-five degrees from the vertical toward the interior of the site. However, in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, no portion of the building, except permitted projections, shall intersect a plane commencing twenty-one feet in height at the minimum sideyard setback and extending at an angle of thirty degrees from the horizontal toward the interior of the site. (I) Front Yard Paving. No more than fifty percent of the required front yafd area including driveways shall be paved, except that lots with a width of twenty-five feet or less may have up to sixty percent of the required front yard area paved. However, in the area bounded by Montana Avenue, the northern City limits, Twenty-Six!h Street and Ocean A venue, no more than forty percent of the required front yard area shall be paved, including driveways, except that lots with a width of twenty-five feet or less may have up to sixty percent of the required front yard area paved. (rn) ModificatiOns to Step backs Above Fourteen Feet in Height. The stepback requirements of subsections (f), (h), G), and (k) of this Section may be modified subject to the review and approval of the Architectural Review Board if the Board finds that tlie modification will not be detrimental to the property, adjoining properties or the general area in which the property is located, and . the objectives of the stepback-requirements are satisfied by the provision of alternative stepbacks or other building features which reduce effective mass to a degree comparable, to the relevant standard requirement. (n) Driveways. No more than one driveway per parcel to a public street shall be permitted on parcels less than one hundred feet in width. (o) Basements and Subterranean Garages. No basement or subterranean garage shall extend into any required yard setback area, except for any basement or garage located beneath an accessory building which is otherwise permitted within a yard area, if such basement, semi-subterranean or subterranean garage is located at least five feet from any property line. (p) Access to Subterranean Garages and Basements. ( l) Up to a total of fifty square feet of area in the side and rear yards may be utilized for lightwells or stairways to below-grade areas of the main buil4ing and any accessory buildings. However, in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, the side and rear yards may be utilized for lightwells {Santa Monica Supp. No. 52, 2-07)
9.04.08.02.070 Santa Monica Municipal Code or stairways to below-grade areas of the· main building and any accessory building provided such excavated area is setback a minimum of ten percent of the lot width from the property line. (2) No more than three feet of excavation below grade.for a driveway, stairway, doorway, lightwell, window or other such element to a subterranean or semi-subterranean garage or basement shall occur in the front yard setback area. This requirement may be modified by the Architectural Review Board for parcels with an elevation rise of-five feet from the front property line to a point fifty feet towards the interior of the site if it finds that topographic conditions necessitate that such excavation be permitted. However, in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, no excavation for a driveway, stairway, domway, light-well, window or other such element to a subterranean or semi-subterranean garage or basement shall be permitted in the front yard setback area; and this prohibition shall not be modified by the Architectural Review Board. ( q) Roof Decks. Roof decks shall be set back at least three feet from the minimum sideyard setback. The height of any railings or parapets associated with such roof decks may not exceed the maximum allowable building height for the structure. (Prior code § 9010.6; amended by Ord. No. 1476CCS, adopted 4/25/89; Ord. No. 1697CCS § 2 (part), adopted 8/10/93; Ord. No. 1936CCS § I, adopted 2/23/99; Ord. No. 1942CCS § 4, adopted 5/11/99; Ord. No. 1950CCS § 3, adopted 8/10/99; Ord. No. 2205CCS § I, adopted 9/26/06) 9.04.08.02.075 Special project design and development standards for the north of Montana Avenue neighborhood. Notwithstanding Section 9.04.10.02.180, projects in the area bounded by M_ontana A venue, the northern City_ limits, Twenty-Sixth Street and Ocean Avenue, shall comply with the following special project design and development standards. These standards are intended to promote design flexibility, encourage the retention of existing structures that contribute to neighborhood character and pedestrian scale, and result in homes that do not impact the lig~t, air, open space, and privacy of adjacent structures. (a) For parcels with a maximum ground floor parcel coverage of thirty-five percent, the maximum second floor parcel coverage, including the second floor of all accessory buildings, shall not exceed twenty-six percent of the parcel area. Second floor parcel coverage may be increased up to a maximum of thirty percent of the parcel area if the ground floor square footage is reduced an equivalent amount. Conversely, the ground floor coverage may be increased to a maximum of forty percent if an equivalent amount is reduced on the second floor. For purposes of this su~section (a), the area in any single story portion of the structure that exceeds the height of the second floor elevation shall count toward second floor parcel coverage, except where the roofline of the single story Portion does not exceed eighteen feet in height. (b) In computing the first floor parcel coverage for a parcel with alley access, one-half the width of a rear alley, (Santa Monica Supp. No. 52, 2-07) 418 which abuts the parcel, may be counted as a portion of the parcel area if alley access is provided and there are no curb cuts for the purpose of providing street access to on-site parking. (c) The aggregate square footage of second floor balcon,ies, terraces or roof decks shall not exceed four hundred square feet. (d) The area of any patio, balcony, roof deck or terrace open on less than two sides shall count towards parcel coverage and shall count for second floor parcel coverage if the floor line is above fourteen feet in -height. (e) Any individual second floor balconies, terraces or roof decks greater than fifty square feet and located in the rear two-thirds of the parcel shall be set back twelve feet from any property line. (f) Garage doors facing the public street must be set back a minimum of five feet from the front setback line arid may not exceed sixteen feet in width unless located in the rear thirty-five feet of the parcel. (g) A one-story garage attached to the primary structure with a maximum height of fourteen feet, including parapets and railings, a maximum length of twenty-five feet, and with garage doors perpendicular to the public street, shall be allowed to project up to six feet into the required front yard if no alley access exists, but may not extend closer than twenty feet to the front property line. (h) Exterior stairs and required fire escapes shall not project into the required front or side yard areas. (i) Porte cocheres nOt more than twenty feet long, not more than fourteen feet in height including railings or parapets, and open on three sides may project into required side and rear yards. (j) Balconies and porches open on at least two sides with a maximum height of fourteen feet including parapets and railings, that do not exceed fifty percent of the front building width measured at the front fayade, may project up to six feet into the required front yard. Stairs less than three feet ·above grade may project an additional four feet into the required front yard. (k) The requirements of subsections (c), (f) and (j) of this Section may he modified subject to the review and approval of the Architectural Review Board pursuant to Section 9.04.08.02.080(g). (Added by Ord. No. 1950CCS § 4, adopted 8/1 0/99; amended by Ord. No. 2205CCS § 2, adopted 9/26/06) 9.04.08.02.076 Special project design and development standards for the Sunset Park and north of Wilshire Boulevard neighborhoods. Notwithstanding Section 9.04.10.02.180, projects in the area bounded by Lincoln Boulevard to the west, Pico Boulevard to the north, and the City boundaries to the east and south, and the area of the City bounded by Montana Avenue to the north, 22nd Street to the west, Wilshire Boulevard to the south, and the City boundary to the east, shall comply with the following special project design and development standards. These standards are interided to promote design flexibility,
Santa Monica Municipal Code 9.04.08.02.076 encourage the retention of existing structures that contribute to neighborhood character and pedestrian scale, and result in hOmes that do not impact the light, air, open space, and privacy of adjacent structures. (a) For parcels with a maximum ground floor parcel coverage of thirty-five percent, the maximum second-floor parcel· coverage, including the second floor of all accessory buildings, shall not exceed twenty-six percent of the parcel area. Second floor parcel coVerage may be increased up to a maximum of thirty percent of the parcel area if the ground floor square footage is reduced an equivalent amount. Conversely, the ground floor coverage may be increased to a maximum of forty percent if an equivalent amount is reduced on the second floor. For putposes of this subsection (a), the area in any single story portion of the structure that exceeds the height of the second floor elevation shall count toward second floor parcel coverage, except where the roofline of the single story portion does not exceed eighteen feet in height. (b) Garage doors facing the public street must be set back a minimum of five feet from the front setback line and may not exceed sixteen feet in width unless located in the rear thirty-five feet of the parcel. (c) A one-story garage attached to the primary structure with a maximum height of fourteen feet, including parapets and railings, a maximum length of twenty-five feet, and with garage doors perpendicular to the public street, shall be allowed to project up to six feet into the required front yard if no alley access exists, but may not extend closer than twenty feet to the front property line. '(d) Eaves, awnings, ·canopies, sunshades, sills, cornices, belt courses, trellises, arbors and similar architectural projections may extend a maximum of eighteen inches into an interior side yard or thirty inches into a street side yard, provided that such projections shall not be closer than three feet to any property line. (e) Balconies and porches open on at least two sides with a maximum height of fourteen feet including parapets and railings, that do not exceed fifty percent of the front building width measured at the front fayade, may project up to six feet into the required front yard. Stairs less than three feet above grade may project an additional four feet into the required front yard. (f) The requirements of subsections (b) and (e) of this Section may be modified subject to the review and approval of the Architectural Review Board pursuant to Section 9.04.08.02.080(g). (Added by Ord. No. 2205CCS § 3, adopted 9/26/06) 9.04.08.02.080 Architectural review. No building or structure in the Rl District shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Code except: (a) Properties installing roof or building-mounted parabolic antennae (only with respect to the antennae and screening); (b) Duplexes; 419 (c) Any structure above fourteen feet in height that does not conform to the required yard stepbacks for structures above fourteen feet in height; (d) Any structure that does not conform to the limitations on access to subterranean garages and basements;· (e) Any development in the area bounded by Montana A venue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, with regard to the following conditions only: (I) Any development with an aggregate square footage of second floor balconies, terraces or roof decks which exceeds four hundred square feet. (2) Any structure with garage doors facing the public street within the front one-half of the parcel which are not setback from the building fayade a minimum of five feet. (3) Any structure with balconies or .pofches open oi1 at least two sides with a maximum height of fourteen feet including parapets and railings, which project into the required front yard and which exceed fifty percent of the front building width measured at the front fayade. ( 4) Any structure with side yard setbacks that do not conform with Section 9.04.08.02.070(i)(2) but which has minimum setbacks for each side yard equal to ten percent of the parcel width. (f) Any development in the area bounded by Lincoln Boulevard to the west, Pica Boulevard to the north, and the City boundaries to the east and south and the area of the City bounded by Montana Avenue to the north, 22nd Street to the west, Wilshire Boulevard to the south, and the City )>oundary to the east, with regard to the following conditions only: ( 1) Any structure associated with a new residential building, substantial remodel, or a fifty percent or greater square foot addition to an existing home located on a parcel with a grade differential of 12.5 feet or more between the front and rear Parcel lines. The Architectural Review Board may approve proJects pursuant to this subdivision (1) of subsection (f) if the following finding offact is made: the size, mass, and placement of the propoSed structure is compatible with-improvements in the surrounding neighborhood. No other findings of fact are requi:i'ed. (2) Any structure with garage doors facing the public street which are not set back a minimum of five feet from the front setback line. (3) Any structure on a parcel that is fifty feet or more in width that does not comply with Section 9.04.08.02.070(i)(2). (4) Any structure with balconies or, porches open on at least two sides with a maximum height of fourteen feet including parapets and railings, which project into the required front yard and which exceed fifty percent of the front building width measured at the front fayade. (g) The Architectural Review Board may approve the design modifications set forth in Section 9.04.08.02.080(e) provided all the following findings offact are made and may approve the design modifications set forth in Section 9.04.08.02.080(f)(2)-(f)(4) provided that all of the following findings of fact, except subdivision (5) of this subsection (g), are made: ( 1) There are special circumstances or exceptional characteristics applicable to the property involved, including {Santa Monica Supp. No. 52, 2-07)
9.04.08.02.080 Santa Monica Municipal Code size, shape topography, surroundings, or location of the existing improvements or mature landscaping on the site. (2) The granting of the design modification will not be detrimental nor injurious to the property or improvements in the general vicinity and district in which the property is located. (3) The granting of the design modification will not impair the integrity and character of this Rl neighborhood, nor impact the light, air, open space, and privacy of adjacent properties. (4) In the case of additions to buildings in the City's Historic Resources Inventory, the design modification is compatible with the building's historic architectural character, does not result in the removal ofhistoric building features, and the addition is consistent with the Secretary of the Interior Standards for Rehabilitation. (5) The design modifications also comply with the criteria established in Section 9.32.140. Any applicant for a development subject tO: architectural review under these provisions shall provide certification of notice to all owners and commercial and residential tenants of property within a radius of three hundred feet from the exterior boundaries ofthe prop~rty involved in the application, not less than ten days in advance of Architectural Review Board consideration of the matter, which notice and certification thereof shall be in a form satisfactory to the Zoning Administrator. (h) Any existing structure that would not comply with the minimum side yard setback often percent of the parcel width required by Section 9.04.08.02.070(i) due to the combination of two contiguous parcels into a single building sit~. The Architectural Review Board may approve a modification to the minimum side yard setback provided the following findings of fact are made: (I) Only one of the side yard setbacks for the existing structure would become non-conforming due to the combination of contiguous parcels. (2) This non-conforming side yard setback would not physically change. (3) The aggregate setback on the combined lots shall be a minimum of thirty percent of the total combined lot width. ( 4) The combined lot width shall not exceed one hundred twenty feet. (5) The granting of the design modification will not be detrimental nor injurious to the property or improvements in the general vicinity and district in which the property is located. (6) The granting of the design modification will not impair the integrity and character of this Rl neighborhood, nor impact the light, air, open space, and privacy of adjacent properties. (i) In the event the property owner seeks to re-divide a parcel created through the combination of contiguous lots after the Architectural Review Board has acted pursuant to subsection (h) ofthis Section, the Architectural Review Board may approve such are-division provided the following finding of fact is made: (Santa Monica Supp. No. 52, 2-07) 420 No construction has taken place since the original combination of parcels. (Prior code§ 90!0.7; amended by Ord. No. !697CCS § 2 (part), adopted 8/!0/93; Ord. No. !942CCS § 5, adopted 511!/99; Ord. No. 1950CCS § 5, adopted 8/10/99; Ord. No. 2184CCS § I, adopted 5/9/06; Ord. No. 2205CCS § 4, adopted 9126/06) 9.04.08.02.090 Fifty percent addition. Parking shall be provided in accordance with the provisions of Part 9.04.10.08, Off Street Parking Requirements, if the principal building on the p~rcel is substantially remodeled or, if fifty percent or more additional square footage is added to the principal building at any one time, or incrementally, after September 8, 1988, provided the aggregate ad9.ition is five hundred square feet or more. See Section 9.04.02.030 for the definition of "substantial remodel." (Prior code § 90!0.8; amended by Ord. No. !697CCS § 2 (part), adopted 8/!0/93) · Part 9.04.08.04 R2R Low Density Duplex District 9.04.08.04.010 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. (Prior code § 901!.1) 9.04.08.04.020 Permitted uses. The following uses shall be permitted in the R2R District: (a) -Domestic violence shelters. (b) Hospice facilities. (c) One single-family dwelling unit per parcel placed on a permanent foundation (including manufactured housing). · (d) One duplex (including a detached second unit when located on a parcel containing one single-family home) on any legal parcel that existed on August 31, 1975. (e) One-story accessory buildings and structures up to fourteen feet in height. (f) Public parks and playgrounds. (g) Small family day care homes. (h) Yard sales, limited to two per calendar year, for each dwelling unit for a maximum of two days. (Prior code § 90 11.2; amended by Ord. No. !750CCS § 1, adopted 6/28/94; Ord. No. l942CCS § 6, adopted 5/ll/99) 9.04.08.04.030 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.
Santa Monica Municipal Code 9.04.08.04.030 (b) . One-story accessory living quarters, up to fourteen feet in height, on a parcel having a minimum area of ten thousand square feet. (c) Private tennis courts. (Prior code § 90 11.3) 9.04.08.04.040 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 fourteen feet in height or ·two story accessory buildings up to a maximum height of twenty-four feet. (Prior code § 90 11.4) 9.04.08.04.050 Prohibited uses. (a) Rooftop parking. (b) Any use not specifically authorized. (Prior code § 9011.5) 9.04.08.04.060 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 twenty-three feet for a flat roof or thirty feet for a pitched roof. A "pitched roof' is defined as a roof with at least two sides having no less than one foot of vertical rise for every three feet of horizontal run. The walls of the building may not exceed the maximum height required for a flat roof. There shall be no limitation on the number of stories of any affordable house project, as long as the building height does not exceed the maximum number of feet permitted in this Section. (b) Maximum Unit Density. A minimum of fifteen hundred square feet of parcel area for each dwelling unit. However, one duplex shall be permitted on any legal parcel that existed on August 31, 1975. (c) Maximum Parcel Coverage. Sixty percent of the parcel area (d) Minimum Parcel Size. Three thousand square feet. Each parcel shall have a minimum depth of one hundred feet and a minimum width of thirty feet, except that parcels already developed and existing on September 8, 1988, shall not be subject to this requirement. (e) Front Yard Setback. Ten feet. (f) Rear Yard Setback. Fifteen feet. (g) Side Yard Setback. The minimum required side yard setback shall be determined in accordance with the following. formula, except that for lots ofless than fifty feet in width, the minimum required side yard setback shall be ten percent of the parcel width, but in any event not less than four feet: 5' + (stories x lot width) 50' (h) Front Yard Paving. No more than fifty percent of the area of the required front yard setback,· including·driveways, shall be paved. (i) Private Open Space. Any project containing four or more residential dwelling units shall provide the following minimum open space: one hundred square feet per unit fOr 421 projects with four or five units, and fifty square feet per unit for projects of six units or more. For purposes of this requirement, "residential dwelling unit" shall mean any unit three hundred seventy-six square feet in area or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space. (Prior code § 9011.6; amended by Ord. No. 1476CCS, adopted 4/25/89; Ord. No. 1703CCS § 1, adopted 9/14/93; Ord. No. 1750CCS § 2, adopted 6/28/94; Ord. No, 1767CCS § 3, adopted 9/13/94) 9.04.08.04.070 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 9.32 ofthis Article. (Prior code§ 9011.7) Part 9.04.08.06 Multiple Family Residential Districts 9.04.08.06.010 Purpose. (a) Low Density Multiple Family Residential District (R2). The R2 District is intended to provide a low density multiple family residential neighborhood (zero to tvv'enty-nine 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. (b) Medium Density Multiple Family Residential District (R3). The R3 District is intended to provide a broad range of housing· within medium density multiple family residential neighborhoods (zero to thirty-five 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. (c) High Density Multiple Family Residential District (R4). The R4 District is intended to provide a broad range of housing within high density multiple family residential neighborhoods (zero to forty-eight 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 (Santa Monica Supp. No. 52, 2-07)
9.04.08.06.010 Santa Monica Municipal Code 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. (Prior code § 9012.1; amended by Ord. No. 2131CCS§ 6 (part), adopted 7/27/04) 9.04.08.06.020 Allowed land uses. Table 9.04-1 (Land Uses Allowed in Multiple Family Residential Districts) identifies allowed land uses in the R2, R3, and R4 zoning districts. Land uses designated with the letter "P" are permitted in that district subject to standards referenced under the. Additional Land Use Regulations column. Land uses designated with the letters "PSP" require a Performance Standards Permit and are subject to further standards set forth under the Additional Land Use Regulations column. Land uses designated with the letters "CUP" requi.re a Conditional Use Pennit and are subject to further standards set forth under the Additional Land Use Regulations column. Land uses designated with the letter "L" are limited uses only authorized in accordance with the standards set forth under the Additional Land Use Regulations cOlumn. Land uses that have no letter designation are not permitted in that particular district. Rooftop parking is not permitted in any multiple family residential district. Any land use not specifically authorized is prohibited. (Santa Monica Supp. No. 52, 2-07) 422
Santa Monica Municipal Code 9.04.08.06.020 TABLE 9.04-1 LAND USES ALLOWED IN MULTIPLE FAMILY RESIDENTIAL DISTRICTS LAND USE R2 R3 R4 ADDITIONAL LAND USE REGULATIONS Bed and breakfast facilities CUP CUP CUP 9.04.20.12 Boarding houses CUP CUP CUP 9.04.20.12 Child day care centers * CUP CUP CUP 9.04.14.030 9.04.20.12 Clubs or lodges CUP 9.04.20.12 Community care facilities * CUP CUP CUP 9.04.20.12 Conm:egate housing * p p p Domestic violence shelters * p p p Homeless shelters * CUP CUP 9.04.20.12 Ho~ce facilities* p p p Hotels, existing as of 1/1/95 L L 9.04.08.06.020(a) Hotels with incidental businesses CUP 9.04.20.12 Large family day care homes * PSP PSP PSP 9.04.12.030 9.04.20.08 Libraries CUP CUP 9.04.20.12 Multi-family dwelling units p p ·p 9.04.08.06.020(b) Multi~family apartments where 25% of the units are 3~bedrooms or larger, 60% of the remaining units are 2 bedrooms or larger, and this project is p p p registered with the USGBC to receive a LEED ratiD_g_ofsilver or high_er level* Municipal parking structures CUP 9.04.20.12 Neighborhood grocery stores CUP CUP CUP 9.04.14.080 9.04.20.12 Offices and rrieeting rooms for charitable, youth CUP CUP CUP 9.04.20.12 and welfare organizations One-story accessory buildings. over 14-feet in 9.04.08.06.020(c) 9.04.10.02.110 height or two~story accessory buildings up to a CUP CUP CUP 9.04.14.110 maximum height of 24 feet 9.04.20.12 One-story accessory buildings and structures up to p p p 9.04.08.06.020(c) 14 feet in height 9.04.10.02.100 9.04.08.06.020(c) One-story accessory living quarters PSP PSP PSP 9.04.08.06.020(d) 9.04.12.080 9.04.20.08 Places ofworshio CUP CUP CUP 9.04.20.12 Private tennis courts PSP PSP PSP 9.04.12.060 9.04.20.08 Public parks and playgrounds p p p Residential care facilities * CUP CUP CUP 9.04.20.12 Rest homes CUP CUP CUP 9.04.20.12 Schools CUP CUP CUP 9.04.20.12 Senior group housing * p p p Senior housi~g * p p p Single room occupancy housing p p p Single-family dwellings * p p p 9.04.08.06.020(e) Small family day care homes p p p Transitional housing* p p p Underground parking structures CUP CUP CUP 9.04.08.06.020(!) 9.04.20.12 Yard sales . p p p 9.04.08.06.020(g) 422-1 (Santa Monica Supp. No. 76, 5·13}
9.04.08.06.020 Santa Monica Municipal Code * Denotes preferred permitted project per Table 9.04-2. Additional prefened permitted projects include one hundred percent affordable housing projects and projects that include the retention and preservation of a historic resource and comply with the Secretary of Interior's Standards for the Treatment of Historic Properties. "USGBC" shall mean the · United States Greeh Building Council for certification under the Leadership Energy and Environmental Design Green Building Rating System (LEED). · Additional Land Use Regulations for the R2, R3, and R4 Districts referenced in Table 9.04~ 1: (a) Hotels in existence as of January 1, 1995, or their replacement with a new hotel at an existing hotel site in conformance with. the physical development standards in effect at the time of such rePlacement and located in a R2 or R3 zone in an area bounded by the centerline-of Ocean A venue to the west, the centerline of 14th Court to the east, the centerline of Wilshire Boulevard to the south and the centerline of Montana A venue to t~e north, and including those R2 and R3 parcels on the north side ofMontana Avenue within the eaSt and west boundaries, provided: (1) There is no increase in the floor area of the hotel after January 1, 1995; (2) Any increase in the number of rooms is accomplished through subdivision of rooms existing on January 1, 1995 and does not exceed twenty-five percent of the number of rooms existing on January 1, 1995, or fifteen rooms, whichever is less; and (3) All other Zoning Ordinance requirements are met, including parking·requirernents for any addition of rooms after January 1, 1995. If a parking variance is requested, the applicant shall be required to submit a parking analysis which demonstrates that ~he increase iri guest rooms will not result in an adverse parking impact to the surrounding neighborhood. (b) Residential condominiums are also subject to the requirements set forth in Subchapter 9.04.16 (Condominiums) and Chapter 9.20 (Subdivisions). (c) Accessory buildings shall be architecturally compatible with the principal structure(s). (d) One-story accessory living quarters are limited to fourteen feet In height. A minimum parcel area of ten thousand square feet is required. (e) Single-family "homes, including manufactured housing, must be placed on a permanent foundation. (f) Underground parking structures may be coriditionally permitted only if the subject parcel or parcels were occupied by a surface parking lot at the time of adoption of this Chapter, the parcel(s) is not adjacent 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. (g) Yard sales are limited to two _per calendar yeaf, for each dwelling unit, for a ma"'<imum of two days each. (Prior code§ 9012.2; amended by Ord. No. 1750CCS § 3, adopted {Santa Monica Supp. No. 76, 5-13) 422-2 6/28/94; Ord. No. 2131CCS § 6, adopted 7/27/04; Ord. No. 2207CCS § I, adopted 10/3/06; Ord. No. 2213CCS § I, adopted 12/5/06) 9.04.08.06.060 Property development standards. All property in the R2, R3, and R4 Districts shall ·be developed in accordance ~ith the standards set forth in Table 9.04-2, subsections (a) through (i) of this Section, and Section 9.04.08.06.070:
Santa Monica Municipal Code 9.04.08.06.060 TABLE 9.o4-2 PROPERTY DEVELOPMENT STANDARDS FOR THE R2, R3 AND R4 MULTIPLE FAMILY RESIDENTIAL DISTRICTS ADDITIONAL R2 R3 R4 DEVELOPMENT REGULATIONS Minimum Parcel Dimensions: Area (square feet) 5,000 SF 5,000 SF 5,000 SF 9.04.08.06.060 (a) Width (feet) 50 50 50 Length (feet) 100 100 100 3 stories 2 stories 35 feet* 4 stories 9.04.08.06.060 (b) Maximum Building Height All others: 23 feet 2 stories 40 feet 9.04.08.06.060 (i) 23 feet Maximum Parcel Coverage (MPC): 50%* First Story All others: 50% 50% 9.04.08.06.060 (c) 45% 85% of!st Second Story 90% of 1st Story MPC* 80% of!st 9.04.08.06.060 (i) StoryMPC All others: 90% StoryMPC of 1st Story MPC 60% of 1st Third Story NA StoryMPC* 60% of 1st 9.04.08.06.060 (i) All others: StoryMPC NA 50% of 1st Fourth Story NA NA Story MPC 9.04.08.06.060 (i) Coverage 20, or as 20, or as 20, or as established in the established in the established in the Minimum Front Yard Setback (feet) Official Official Official Districting Map, Distdcting Map, Districting Map, whichever is whichever is whichever is greater greater greater -Minimum Rear Yard Setback (feet} 15 15 15 9.04.10.02.230 Minimum Side Yard Setback (feet) 8 8 8 9.04.08.06.060 (d) ,1 I 1,500 SF* Maximum Unit Density All others: 1 I 1,250 SF* 9.04.08.06.060 (e) T.\le lesser of All others: 11900 SF 9.04.08.06.060 (f) (dwelling unit I area) 1/2000 SF or 4 1/1500SF 9.04.08.06.060 (i) total . Private Open Space: Four or five units 100 SF I Unit 100 SF /Unit 100 SF I Unit 9.04.08.06.060 (g) Six or more units 50 SF I Unit 50 SF /Unit 50 SF I Unit 9.04.08.06.060 (g) Development Review Permit Threshold 15,000 SF 22,500 SF 25,000 SF 9.04.08.06.060 (h) lbased on project floor area) *Preferred Perrnttted ProJects as ltsted m Table 9.04-1 422-3 (Santa Monica Supp. No. 53, 5-07)
9.04.08.06.060 Santa Monica Municipal Code Additional regulations for the R2, R3, and R 4 Districts referenced in the Additional Development Regulation column of Table 9.04-2: (a) Parcels in existence prior to SeptemberS, 1988 shall not be subject to the minimum parcel dimension requirements. (b) The maximum building height may be exceeded in each district provided the maximum roof height does not exceed thirty feet in the R2 District, forty feet in the R3 District, or forty-five feet in the R4 District subject to the following criteria: (1) In the R2 District, the building volume above twenty-three feet shall not exceed fifty percent ofthe parcel coverage of the story immediately below the twenty-three foot height elevation, multiplied by seven. For purposes of calculating a story's parcel coverage, area measurements shall extend to the outside surface of exterior walls. No portion of the building volume above twenty-three feet shall encroach into a plane starting at twenty-three feet above the front setback line and sloping upward at a forty-five~degree angle toward the rear of the lot. Parapets extending above twenty-three feet shall be included in the building volume calculatio:n. To determine the volume occupied by a parapet struc_ture, two sets of parallel lines to form a rectangle shall be used to enclose the area, multiplied by the height of the parapet. (2) In the R3 District, the building volume above thirty-five feet shall not exceed fifty percent of the parcel coverage of the story immediately below the thirty-five-foot height elevation, multiplied by five. For purposes of calculating a story's parcel coverage, area measurements shall extend to the outside surface of exterior walls. No portion of the building volume above thirty-five feet shall encroach into a plane starting at thirty-five feet above the front setback line and sloping upward at a forty-five~degree angle toward the rear of the lot. Parapets extending above thirty-five feet shall be included in the building volume calculation. To determine the volume occupied by a parapet structure, two sets of parallel lines to form a rectangle shall be used to enclose the area, multiplied by the height of the parapet. (3) In the R4 District, the building volume above forty feet shall not exceed fifty percent of the parcel coverage ofthe story immediately below the forty foot height elevation, multiplied by five. For purposes of calculating a story's parcel coverage, area measurements shall extend to the outside surface of exterior walls. No portion of the building volume above forty feet shall encroach into a plane starting at forty feet above the front setback line and sloping upward at a forty-five-degree angle toward the rear of the lot. Parapets extending above forty feet shall be included in the building volume calculation. To determine the volume occupied by a parapet structure, two sets of parallel lines to form a rectangle shall be used to enclose the area, multiplied by the height of the parapet. (4) Affordable housing projects are not subject to subdivisions (1), (2), and (3) of this subdivision (b) and may extend to thirty feet in the R2 District, forty feet in the R3 District, and forty-five feet in the R4 District and shall have no limitation to the number of stories. {Santa Monica Supp. No. 53, 5-07) (c) The maximum parcel coverage shall not exceed fifty . percent of the parcel area or the parcel area remaining after deducting required front, side and rear yard setbacks, whichever is less. (d) The side yard setback for parcels less than fifty feet in width shall be sixteen percent of the parcel width, or four feet, whichever is greater. 422-4 (e) No more than one dwelling unit shall be permitted on a parcel of less than four thousand square feet if a single-family dwelling existed on the parcel on September 8; 1988. (f) The density for affordable housing projects in which one hundred percent of the units are deed restricted for very low, low, or moderate income and located in an R2 or R3 District in the ar~a bounded by the centerline of Ocean Avenue to the west, the centerline of 14th Court to the east, the centerline of Wilshire Boulevard to the south and the centerline of Montana Avenue to the north, but including those R2 and R3 zoned parcels on the north side" of Montana Avenue within the east and west boundaries, may be one dwelling unit for every twelve hundred fifty square feet in the R2 District, and one dwelling unit for every nine hundred square feet in the R3 District. (g) For purposes of the open space requirement, a residential dwelling unit shall mean any unit three hundred seventy-six sqUare feet in area, or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space. (h) Except for projects listed in Section 9.04.10.14.050(b ), a development review permit shall be required for projects that equal or exceed the established square foot floor area threshold. See Part 9.04.20.14 of the Zoning Ordinance. (i) In the R4 District on Pico Boulevard between lith Street and Euclid Street, the following development standards shall apply: Maximum Maximum Parcel Maximum -Height Coverage Unit Density Preferred 4 stories, First Story: 50% 1 unit /900 SF Permitted 40 feet Second Story: 80% of parcel area Projects (as of lst story MPC listed in Table 9.04-1) Third Story: 60% of 1st story MPC Fourth Story: 50% of 1st story MPC Permitted 3 stories, First Story: 50% 1 unit /1,250 Projects 35 feet Second Story: 85% SF of Parcel of 1st story MPC area Third Story: 60% of 1st story MPC (Prior code§ 9012.6; amended by Ord. No. 1750CCS § 4, adopted 6/28/94; Ord. No. 1767CCS § 4, adopted 9/13/94; Ord. No. 1791CCS § 1, adopted3/21/95; Ord. No. 2131CCS § 6 (part), adopted 7/27/04; Ord. No. 2207CCS § 2, adopted 10/3/06; Ord. No. 2217CCS § 5, adopted 1123/07)
Santa Monica Municipal Code 9.04.08.06.070 Special project design and development standards. The new construction of or new addition to a princip.al building shall comply with the following standards: (a) The finished floor elevation of the first floor level shall be a minimum of six inches above, but no more than three feet above theoretical grade. (b) An additional five-foot setback beyond the minimum front yard setback set forth in Section 9.04.08.06.060 is required for at least twenty-five percent of the width of the front fayade .. This setback shall be fully integrated into the building through balconies, decks, or other elements that articulate the front of the building. (c) All required setbacks set forth in Section 9.04.08.06.060 and this Section 9.04.08.06.070 shall be open to the sky except for permitted architectural projections contained in Section 9.04.!0.02.180. (d) Mezzanines shall be concealed within the building and shall not appear as an additional story on the exterior building fayade. (e) Stair and elevator· projections above the maximum permitted height limit shall not exceed the minimum width, depth and height identified in Chapter 8 of the Santa Monica Municipal Code necessary to accommodate such access. A landing exceeding the minimum size requirements, multiple landings, and access to mezzanines or circulation corridors shall not be permitted above the maximum height limit. (I) An additional two-foot average sideyard setback from the minimum requirement set forth in Section 9.04.08.06.060 shall be 422-5 9.04.08.06.070 (Santa Monica Supp. No. 52, 2-07)
Santa Monica Municipal Code 9.04.08.06.070 provided at each story. Setback areas greater than five feet in depth from the minimum sideyard setback, or the area used to comply with the additional setback requirements in subsection (b) of this Section, shall not be used to satisfy compliance with this requirement. (g) The allocation of allowable parcel coverage area shall be distributed to provide ciear delineation between individual units through: changes in wall plane, in plan or section; use of additional stepbacks; use of decks or balconies; or other architectural and spatial manipulation. A change in plane to differentiate individual units shall be a minimum of twelve .inches. However, more than one but no more than three units may be grouped together for the purpose of providing a shared . entry, balcony or other common exterior space. (h) Parcels having a width greater than ninety-nine feet and located in the R2 or R3 District shall proVide a courtyard centered on the lot. Courtyards shall comply with the following design criteria: (I) Courtyards shall be no less than ten percent ofthe total lot area and must be designed to accommodate a rectangular area not less than one thousand square feet with a minimum width of eighteen feet measured parallel-to the front parcel line. Required setback area shall n6t count toward the minimum width or one thousand square foot requirement. (2) Courtyards shall be open to the sky, but may include permitted projections set forth in Section 9.04.10.02.180 for side yard projections. Courtyards shall be visible and accessible from the sidewalk and each ground floor unit. If mechanical or utility equipment is placed in the courtyard, it shall be screened visually and acoustically and Shall not encroach into the minimum courtyard area. (3) Courtyard entry gates, if provided, shall be seventy percent tranSparent to the courtyard, designed in a complementary style to the building's architecture, and constructed using high quality, durable materials. (i) A minimum of two canopy trees shall be provided in the required unexcavated front yard setback and three canopy trees shall be provided in the required unexcavated side yard. (Added by Ord. No. 2131CCS § 6 (part), adopted 7/27/04) 9.04.08.06.080 Architectural review. All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Article. (Prior code§ 9012.7; amended by Ord. No. 213ICCS § 6 (part), adopted 7/27/04) Part 9.04.08.12 RVC Residential-Visitor Commercial District 9.04.08.12.010 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, dining, recreation, and shopping needs oftourists and others in the oceanfront area. The RVC District is designed to preserve and enhance the unique scale, character, and uses along the 423 Promenade and on the Santa Monica Pier. Development intensity is intended to accommodate new hotel and oth~r desired uses. The RVC District is also intended to conditionally pennit other uses such as office, new residential, and cultural uses to ensure consistency with the goals, objectives, and policies of the General Plan. (Prior code § 9015.1) 9.04.08.12.020 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; (c) Congregate housing; (d) Convention and conference facilities; (e) Domestic violence shelters; (f) Entertainment and cultural uses; (g) Gift or souvenir shops; (h) Libraries; (i) Marine oriented uses such as aquariums; G) Museums; (k) Neighborhood grocery stores; (!) Single-family dwellings placed on a permanent foundation (including manufactured housing); (m) Multifamily dwellings; (n) Nightclubs within hotels; (o) Retail uses that cater to the visiting public; (p) Public parks and playgrounds; (q) Residential uses existing at the time of adoption of this Chapter; (r) Restaurants; (s) Schools; (t) Senior housing; (u) Senior group housing; (v) Sidewalk cafes not more than two hundred square feet . in area, subject to the limitations cont~ined in Section-9.04.10.02.460. (w) Single room occupancy housing; (x) Skating rinks; (y) Snack shops; (z) Swim and health clubs; (aa) Trans'itional housing; (bb) Outdoor public utilities and maintenance service yards; (cc) The following uses if conducted on the Santa Monica Pier or along The Promenade: (I) Bait shops and fishing supplies, (2) Exhibitions and games, (3) Fish markets, (4) Marine service stations and boat landings On the Pier only, (5) Night clubs, ( 6) Sport fishing; (dd) 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; (Santa Monica Supp. No. 51, 1!-06)
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9.04.08.12.020 Santa Monica Municipal Code ( ee) Other uses determined by the Zoning Administrator to be similar to those listed above and which are consistent and not more disruptive or disturbing than permitted uses. (Prior code§ 9015.2; amended by Ord. No. 172ICCS §.!,adopted 1/25/94; Ord. No. 1750CCS § 9, adopted 6/28/94; Ord. No. 1917CCS § I, adopted 6/16/98; Ord. No. 1964CCS § I, adopted 1/11/00; Ord. No. 2192CCS § 1, adopted 7/11/06) 9.04.08.12.030 Uses subject to performance standards -permit. The following uses may be permitted in the RVC District subject to the approval of a performance standards pem1it: (a) Automobile rental agencies. (b) Sidewalk cafes that exceed two hundred square feet in area. (c) Game arcades. (Prior code§ 9015.3; amended by Ord. No. I 964CCS, § 2, adopted 1/11/00; Ord. No. 2 I 92CCS § 2, adopted 7/1 I/06) 9.04.08.12.035 Uses subject to a use permit. (a) Outdoor newsstands. (Added by Ord. No. 1690CCS § 1, adopted 7/13/93) 9.04.08.12.040 Conditionally permitted uses. The following uses may be petmitted 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 offices uses, except within the ground floor street frontage such uses may not exceed twenty-five percent of the parcel width or one thousand square feet whichever is less. (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: (I) 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 deteimined by the Zoning Administrator to be similar to those listed above. (g) Parking facilities. (h) Shelters for the homeless. (i) Theaters only in the Pier Overlay. (Prior code § 9015.4; amended by Ord. No. 1886CCS § I, adopted 9/23/97) 9.04.08.12.050 Prohibited uses •. (a) Cinemas. (b) Firearms dealerships. (c) Rooftop parking on parcels directly abutting, or separated by an alley from, a residential district. (d) Any use not specifically authorized. (Prior code § 90I5.5; amended by Ord. No. !852CCS § 7, adopted 6/11/96) . (Santa Monica Supp. No. 51, 11-06) 424 9.04.08.12.060 Property development standards •. All property in the RVC District shall be developed in accordance with the following standards: (a) Maximum Building Height and FAR. Maximum building height, number of stories and floor area ratio shall be determined as follows:
Santa Monica Municipal Code 9.04.08.12.060 Table 9.04.08.12.060 MAXIMUM BUILDING HEIGHT AND FAR (I) Properties Bounded by the following Streets Pier Overlay: a. Santa Monica Pier. The Deauville site to the north, Seaside Terrace to the south, The Promenade to the west, and Ocean A venue to the east, e;<cept parcels fi:onting on Ocean A venue. b. Parcels fronting on Ocean A venue. c. Replacement ofSinbad's building only on the Santa Monica Pier. Q. Amusement rides on the Santa Monica Pier. West of Ocean Avenue from Pico Boulevard to Seaside ·Terrace (Ocean Avenue FrontingParcels Only). East side of Ocean A venue to First Court from Colorado A venue to California A venue. For parcels located along the Pacific Coast Highway between the Santa Monica Pier and the north City limits. (2) As used in this Section, a "pitched roof' is defined as a roof with at least two sides having no less than one foot of vertical rise for every three feet of horizontal run. The walls of the building may not exceed the maximum height required fur ·a flat roof. (3) There shall be no limitation on the number of stories of any hotel, parking structure or affordable housing project, as long as the height does not exceed the maximum number of feet permitted in this Section. M-aximum building height for the pier platform shall be measured from the pier platform rather than average natural grade. · (4) Buildings on the Santa Monica Pier may be three stories in height provided that the third story is comprised exclusively of structures that support roof top dining, including, but not limited to, restrooms, server stations, elevator lobby areas and service/storage areas provided the area of all such structures, including mechanical equipment and enclosures-and vents, ducts and skylights does not exceed fiftywfive percent of the total roof area and the total building height does not exceed the maximum height of the district when including the roofwtop dining support structures. Maximum building height for the buildings on the pier shall be measured from the pier platform and not average natural grade (ANG). (b) Maximum Unit Density. For parcels located along the Pacific Coast Highway between the Santa Monica Pier and the north City limits, those parcels greater than four thousand square feet, one dwelling unit for each one thousand five hundred square feet of parcel area is permitted. For parcels less than four thousand square feet, no dwelling units shall be permitted except that one dwelling unit may be permitted if a singlewfamily dwelling existed on the parcel on September 9, 424·1 Maximum Maximum Maximum Height Number of FAR Stories 30' 2 1.0 30' 2 0.5 40' 3 1.0 85' for one Ferris wheel; 55' for one roller.coaster; 45' for all other amusement rides 45' 3 2.0 45' 3 2.0 23' 2 0.5 flat roof 30' pitched roof 1988. No more than one dwelling unit shall be permitted on a parcel forty feet or less in width. (c) Maximum Parcel Coverage. Seventy percent except that for parcels located along the Pacific Coast Highway between the Santa Monica Pier and the north City limits, the maximum parcel coverage shall be fifty percent. (d) Minimum Lot Size. Five thousand square feet. Each parcel shall contain a minimum depth of one hundred feet and a minimum width of fifty feet, except that parcels existing on September 9, 1988, shall not be subject to this requirement.. (e) Front Yard Setback. (I) Thirty: five feet along the. west side of Ocean A venue south of Colorado Avenue, twenty feet on the east side-of Ocean Avenue south of Colorado Avenue and five feet on all other streetS, except that for parcels located along the Pacific Coast Highway between the Santa Monica Pier and the north City limits, the front yard setback shall be twenty feet or as shown on the Official Districting Map, whichever is greater. (2) At least thirty percent of the building elevation above fourteen feet in height shall provide an additional fivew foot average setback from the minimum required front yard setback. (f) Rear Yard Setback. Fifteen feet, except that for parcels located along the Pacific Coast Highway between the Santa Monica Pier and the north City limits, the beach rear yard setback shall be fifteen feet for parcels one hundred feet or less in depth, fiftywfive feet fOr parcels oVer one hundred feet in depth. . (g) Side Yard Setback. The side yard setback shall be determined in accordance with the following formula, except for lots of less than fifty feet in width for which the side yard (Santa Monica Supp. No. 75, 2-13)
9.04.08.12.060 Santa Monica Municipal Code shall be ten percent of the parcel width but not less than four feet: 5'+ (stories x lot width) 50' For parcels located along the Pacific COast Highway between the Santa Monica Pier and the north City limits, at least twenty-five percent ofthe side elevation above fourteen feet in height shall provide an additional four-foot average setback fi·om the minimum side yard setback. (h) Development Review. Except for projects listed in Section 9.04.10.14.050, a development review permit is required for any development of more than seven thousand five hundred square feet of floor area and for any development with rooftop parking. Square footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. (i) View Corridor. For parcels located along the Pacific Coast Highway between the Santa Monica Pier and the north City limits, any structure with seventy feet or more of frontage parallel to the Pacific Coast Highway shall provide an unobstructed view corridor between Pacific Coast Highway and the ocean. The view corridor shall be a minimum of twenty continuous feet in width measured from the property line abutting and parallel to Pacific Coast Highw~y and shall remain unobstructed by any structure or portion thereof. (j) Parking. For parcels located along the Pacific Coast Highway between the Santa Monica Pier and the north City limits, uncovered parking may be located in the front half of the parcel and within the required front yard setback. (k) Pedestrian Orientation. Ground floor street frontage of each structure shall be designed with pedestrian orientation in accordance with Section 9.04.10.02.440 of this Chapter. (Prior code § 9015.6; amended by Ord. No. 1626CCS § I, adopted 5/12/92; Ord. No. 1721CCS § 2, adopted 1125/94; Ord. No. 1750CCS § 10, adopted6/28/94; Ord. No. !893CCS § 3, adopted 1/13/98; Ord. No. 1927CCS § I, adopted 11/10/98; Ord. No. 2!02CCS §I, adopted 12/16/03; Ord. No. 2413CCS § I, adopted 11/13/12) 9.04.08.12.065 Deed restrictions. Prior to issuance of a building permit for a project which, pursuant to-this Prut, has received a density or height bonus, or was not subject to a development review permit because the calculation of the residential square footage of the project was reduced by fifty percent, the applicant shall submit for City review and approval, deed restrictions or other legal instruments setting forth the obligation of the applicant to maintain the residential use of the project fo~ the life of the project. (Added by Ord. No. 1927CCS § 2, adopted 11110/98) 9.04.08.12.070 Architectural review. All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Article. The construction of a singleMfamily dwelling shall be exempt from architectural review. (Prior code§ 9015.7) 9.04.08.12.080 Exemptions. The following projects are exempt from the provisions of Section 9.04.08.12.060: (I) Any building or structure sited on a Residential-Visitor Commercia'! zoned parcel located on the Pacific Coast Highway north of the Pier for which a building permit was issued on or before Apri123, 1993. (2) Any building or structure sited on Residential-Visitor Commercial zoned parcels other than those located on the Pacific Coast Highway north of the Pier for which a building permit was issued on or before the effective date of the ordinance codified in this Section. (3) Any project sited on a Residential-Visitor Commercial zoned parcel located on the Pacific Coast Highway north of . the Pier for Which a: vesting tentative map application was filed and deemed complete on or before Apri123, 1993. ( 4) Any project sited on Residential-Visitor Commercial zoned parcels other than those located on the Pacific Coast ·Highway north of the Pier for which a vesting tentative map application was filed and deemed complete on or before the effective date of the ordinance codified in this Section. (Added by Ord. No. 1721 CCS § 3, adopted 1/25/94) Part 9.04.08.14 Broadway Commercial District 9.04.08.14.010 Purpose. The Broadway Commercial District is intended to protect and enhance neighborhood commercial areas by promoting the concentration of businesses that provide convenience goods and services used fi·equently 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 residences, including the prqvision 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. (Prior code§ 9016.1; amended by Ord. No. 1687CCS § 2, adopted 6/22/93) 9.04.08,14.020 Permitted uses. The following convenience goods and service type uses shall be permitted in the Broadway Commercial District, if condUcted within an enClosed building (except where otherWise permitted): (a) Appliance stores. (b) Appliance or electronic repair shops. (c) Art galleries. (d) Artist studios. (e) Barber or beauty shops. (f) Child day care centers. (g) Cleaners. (h) Congregate housing. (i) Domestic violence shelters. (Santa Monica Supp. No. 75,2~13) 424-2
Santa Monica Mllllicipal Code 9.04.08.14.020 Gl Drugstores. (k) Food stores. (l) General offices above the first floor. (m) Hardware stores. (n) Homeless shelters with less than fifty-five beds. ( o) Laundromats. (p) Libraries. ( q) Medical, dental, and optometrist offices, provided that the use does not exceed twenty-five percent of total square footage of the building or three thousand square feet, whichever is less. (r) Multifamily dwelling units. (s) Offices and meeting rooms for charitable, youth and welfare Organizations. (t) Places of worship. (u) Public parks and playgrounds. (v) Photocopy shops. . (w) Plant nurseries (provided all supplies, except planted stock are kept entirely within an enclosed building). (x) Restaurants of fifty seats or less. (y) Schools. (z) Senior group housing. ( aa) Senior housing. (bb) Sidewalk cafes not more than two hundred square feet in area, subject to the limitations contained in Section 9.04.10.02.460. (cc) Single-family dwelling units. ( dd) Single-room occupancy housing. (ee) Specialty offices. (ff) Tailors. (gg) Transitional housing. (hh) 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. (ii) Other uses determined by the Zoning Administrator to be simi~ar to those listed above which are consistent with and no more disturbing or disruptive than permitted uses. (Prior code§ 9016.2; amended by Ord. No. 1687CCS § 2, adopted 6/22/93; Ord. No. 2192CCS § 3, adopted 7/11106) 9.04.08;14.030 Uses subject to performance standards permit. The following uses may be pennitted 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 the ordinance codified in this Chapter. Existing automobile storage lots shall comply with Section 9.04.12.100 within three years from the effective date of the ordinance codifed in this Chapter. (b) Large family day care homes. (c) Sidewalk cafes that exceed two hundred square feet in area. (Prior code§ 9016.3; amended by Ord. No. 1687CCS § · 2, adopted 6/22/93; Ord. No. 2192CCS § 4, adopted 7/11/06) , -·· 9.04.08.14.035 Uses subject to a use permit. (a) Outdoornewsstands. (Added by Ord. No. 1690CCS § 2, adopted 7113/93) 9.04.08.14.040 Conditionally permitted uses. The following uses may be pennitted in the Broadway Commercial District subje~t to the approval of a con.ditional use permit: (a) Expansion or intensification of automobile repair facilities existing as of July 11, 1995. · (b) Homeless shelters with fifty-five beds or more. (c) Service stations. (Prior code § 9016.4; amended by Ord. No. 1687CCS § 2, adopted 6/22/93; Ord. No. 1809CCS § . 1, adopted 7/25/95) 424-3 9.04.08.14.050 Prohibited uses. (a) Cinemas . (b) Firearms dealerships. (c) Rooftop parking on parcels directly abutting, or separated by an alley fi·om, ~residential district. (d) Any use not specifically authorized. (Prior code § 9016.5; amended by Ord. No. 1687CCS § 2, adopted6/22/93; Ord. No. 1852CCS § 8, adopted 6/11/96) 9.04.08.14.060 Property development standards. All property in the Broadway District shall be developed in accordance with the following standards: (a) Maximum Building Height. Two stories, not to exceed thirty feet except that if fifty percent or more of the building is residential, thr~e stories, not to exceed forty-five feet. There shall be no limitation on the number of stories of any structure containing at least one floor of residential use, so long as the height does not exceed the maximum number of feet petmitted in this Section. (b) Maximum Floor Area Ratio. The maximum floor area ratio shall be determined as follows: FAR if at Least 30 Percent of Project is Parcel Square FAR Residential, or if at Footage Least 80 Percent of the Project is a Grocery Store 0-15,000 1.0 1.5 15,001-22,500 0.90 1.3 22,501 and up 0.80 1.15 (c) Minimum Lot Size. Seven thousand five hundred square feet. Each parcel shall have minimum dimensions of fifty feet by one hundred fifty feet, exceptthat parcels existing on the effective date of the ordinance codified in this Chapter shall not be subject to this requirement. (d) Front Yard Setback. Landscaping as required pursuant to the provisions ofPart 9.04.10.04. (e) Rear Yard Setback. None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5'+ (stories x lot width) 50' {Santa Monica Supp. No. 75, 2~ 13)
9.04.08.14.060 Santa Monica Municipal Code The required rear yard may be used for parking or loading to within five feet of the rear parcel line provided the parking or loading does not extend above .the first floor level and provided that a wall not less than five feet or more than six feet in height is erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to perpendicularly cross the_ required rear yard provided the driveway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be 'used for commercial purposes. (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Part 9.04.10.04. (f) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5'+ (stories x lot width) 50' The interior side yard may be used for parking or loading to within five feet of the interior side property line provided the parking or loading does not extend above the first floor level and provided a waU not less than five feet or more than six feet in height is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for commercial purposes. _ (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-foot setback from an interior prope1ty line shall be required for portions of buildings that contain windows~ doors, or other openings into the interior of the building. An interior side yard less than ten feet shall be Permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. (g) Development Review. Except for projects listed in Section 9.04.10.14.050, a development review permit is required for any development of more than seven ~ousand five hundred square feet of floor area and for any development with rooftop parking. Square footagl';! devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is requireq. (h) Pedestrian Orientation. GroUnd floor street frontage of each structure shall be designed with pedestrian orientation in accordance with Section 9.04.10.02.440 of this Chapter. (Prior code§ 9016.6; amended by Ord No. 1687CCS § 2, adopted 6/22/93; Ord. No. 1774CCS § I, adopted ll/15/94; Ord. No. 1893CCS § 4, adopted 1/13/98; Ord. No. 1927(::CS § 3, adopted 11110/98; Ord. No. 2102CCS § 2, adopted 12/16/03) 9.04.08.14.065 Deed restrictions. Priof to issuance of a building permit for a project which, pursuant to this Part, has received a density or height bonus, or was not subject to a development review permit because the calculation of the residential 5;quare footage ofthe project was reduced by fifty percent, the applicant shall submit for City review and approval, deed restrictions or other legal instruments setting forth the obligation of the applicant to maintain the residential use of the project for the life of the (Santa Monica Supp. No. 75, 2-13) 424-4 project. (Added by Ord, No. !828CCS §I, adopted 11/7/95; amended by Ord. No. 1927CCS § 4, adopted !Ill 0/98) 9.04;08.14.070 Architectural review. All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a _ building permit shall be subject to architectural review pursuant to the provisions. of Chapter 9.32 of this Article. (Prior code§ 9016.7; amended by Ord. No. 1687CCS § 2, adopted 6/22/93)
Santa Monica Municipal Code 9.04.08.15.010 Part 9.04.08.15 BSCD Bayside Commercial District 9.04.08.15.010 Purpose. The BSC District is intended to provide for a concentration of retail, entertainment, office and housing uses in addition to complementary uses such as hotels and cultural facilities. The development standards for the BSC District are intended to permit a greater amount of floor area per parcel than other zoning districts in order to encourage an increase in the mix of uses and level of activity in the area while providing for development that maintains a sense of human scale and pedestrian-oriented character, consistent with the goals, objectives, and policies ofthe General Plan. (Added by Ord. No. 1841CCS § 3 (pmt), adopted 2/13/96) 9.04.08.15.015 Definitions. The following words or phrases as used in this Pa1t shall have the following meanings: Bayside Commercial District-1 (BSC-1). That area bounded by Wilshire Boulevard on the north, Broadway on the south, Mall Court East on the east, and Mall Comt West on the west. Bayside Commercial District-2 (BSC-2). That area bounded by Wilshire Boulevard on the north, Broadway on the south, Mall Court West on the east, and Second Sb:eet on the west, and that area bounded by Wilshire Boulevard on the north, Broadway on the south, Fourth Street on the east, and Mall Comt East on the west. Bayside Commercial District-3 (BSC-3). That area bounded by Wilshire Boulevard on the north, Broadway on the south, Fourth Comt Alley on the east and Fourth Street on the west. Bayside Commercial District-4 (BSC-4). That area bounded by Wilshire Boulevard on the north, Broadway on the south, Second Street on the east, and First Court Alley on the west. Block One. That area bounded by Wilshire Boulevard on the nmth, Arizona Avenue on the south, Fourth Court Alley on the east, and Mall Court East op. the west. Block Two. That area bounded by Arizona Avenue on the nmth, Santa Monica Boulevard on the south, Fomth Court Alley on the east, and Mall Coutt East on the west. Block Three. That area bounded by Santa Monica Boulevard on the nmth, Broadway on the south, Fourth Court Alley on the east, and Mall Court East on the·west. Block Four. That area bounded by Wilshire Boulevard on the north, Arizona A venue on the south, Mall Comt East on the east, and Mall Court West on the west. Block Five. That area bounded by Arizona Avenue on the north, Santa Monica Boulevard on the south, Mall Court East on the east, and Mall Court West on the west. Block Six. That area bounded by Santa Monica Boulevard on the north, Broadway on the south, Mall Court East on the east, and Mall Comt West on the west. Block Seven. That area bounded by Wilshire Boulevard on the nmth, Arizona A venue on the south, Mall Court West on the east, and First Court Alley on the west. 425 Block Eight. That area bounded by Arizona A venue on the north, Santa Monica Boulevard on the south, Mall Court West on the east, and First Court Alley on the west. Block Nine. That area bounded by Santa Monica Boulevard on the north, Broadway on the south, Mall Comt West on the east, and First Comt Alley on the west. Fast~Food Food Court. A multi-tenant food service complex with at least four food service outlets where the complex is under common management, there is no table service,· and tenants share common seating area. The size of the individual food service facilities shall be limited to seven hundred fifty square feet and the complex must include a dedicated public passageway from the Third Street Promenade to the rear alley. (Added by Ord. No. 1841CCS § 3 (pmt), adopted 2113/96) 9.04.08.15.020 Permitted uses. (a) The following uses shall be permitted in the BSC-1 pmtion of the BSC District, provided that any such use shall obtain a use permit pursuant to Section 9.04.13.060 ifits Thit'd Street Promenade first~ floor froiltage exceeds fifty feet, and that the conversion of any pottion of a food use in existence as of January 24, 2006 to any other new or expanded use located on the ground floor level adjacent to the Third Street Promenade shall obtain a conditional use permit pursuant to Section 9.04.08.15.085. All uses shall be conducted within an enclosed building, except where otherwise specified: (1) Art galleries. (2) Artist studios above the first floor and at the rear seventy-five feet of a parcel. (3) Bakeries. ( 4) Barber or beauty shops. (5) Business colleges. · (6) Child day care centers. (7) Cleaners. (8) Congregate housing. (9) Cultural facilities. (10) Dance studios. (11) Domestic violence shelters. (12) Exercis.e facilities. (13) General offices above the first floor and in the rear seventy~five feet of a parce1. (14) General retail. (15) Homeless shelters with less than fifty-five beds. ( 16) Medical, dental and optometrist clinics and laboratories above the first floor and in the rear seventy-five feet of a parcel. (17) Multi-family dwelling units. (18) Museums. (19) Outdoor newsstands. (20) Pawnbrokers. (21) Photocopy shops. (22) Places of worship. (23) Restaurants, subject to the limitations contained in Section 9.04.08.15.080. (24) Senior group housing. (25) Senior housing. (Santa Monica Supp. No. 71, 2·12)
9.04.08.15.020 Santa Monica Municipal Code (26) Sidewalk cafes, subject to the provtstons of the Outdoor Dining Standards for the Third Street Promenade, approved by resolution of the City Council, and subject to the limitations contained in Section 9.04.08.15.080. (27) Single-room occupancy housing. (28) Tailors. (29) Trade schools. (30) Transitional housing. (31) Access my uses· which are detennined by the Zoning Administrator to be necessmy and customarily associated with and appropriate, incidental, and Subordinate to, the principal permitted uses and which are consistent and not more disturbing or disruptive than permitted uses. (32) Other uses determined by'the ZoningAdministratorto be similar to those listed above and which are corisistent and not more disturbing or disruptive than permitted uses. (b) The following uses shall be permitted in tlre BSC-2, BSC-3 and BSC-4 pmtions ofthe BSC Disu·ict. All uses shall be conducted within an enclosed building, except where otherwise specified: (I) Att galleries. (2) Attist studios above the first floor. (3) Appliance repair shops. (4) Bakeries. (5) Banks and savings and loan institutions. (6) Barber or beauty shops. (7) Business colleges. (8) Child day care centers. (9) Cleaners. ( l 0) Congregate housing. ( 11) Cultural facilities. (12) Dance studios. (13) Domestic violence shelters. (14) Exercise facilities. (15) General offices above the first floor and in the rear seventy-five feet of a parcel. ( 16) General retail. (17) Homeless shelters with less than fifty-five beds. ( 18) Laundromats. (19) Medical, dental and optometrist clinics and laboratories above the first floor and in the rear fifty feet of a parcel. (20) Multi-family dwelling units. (21) Museums. (22) Outdoor newsstands. (23) Pawnbrokers. (24) Party equipment rentals. (25) Photocopy shops. (26) Places of worship. (27) Restaurants, subject to the limitations contained in Section 9.04.08.15.080. (28) Senior group housing. (29) Senior housing. (30) Single-room occupancy housing. (31) Tailors. (32) Theaters. (33) Trade schools. (34) Transitional housing. (Santa Monica Supp. No. 71, 2-12) 426 (35) Accessory uses which are determined by the Zoning Administrator to be necessmy and customarily associated with and appropriate, incidental, and subordinate to, the principal permitted uses and which are consistent and not more disturbing or disruptive than permitted uses. (36) Other uses determined by the Zoning Administrator to be similar to those listed above and which are consistent and not more disturbing or disruptive than permitted uses, (Added by Ord. No. 1841CCS § 3 (part), adopted 2/13/96; amended by Ord. No. 1864CCS § I, adopted 9/24/96; Ord. No. 2142CCS § I, adopted 9/28/04; Ord. No. 2175CCS § I, adopted 2/14/06; Ord. No. 2192CCS § 5, adopted 7/11/06; Ord. No. 2198CCS § I, adopted 7/25/06) 9.04.08.15.030 Uses subject to performance standards permit. (a) The following uses may be permitted in the BSC-1 portion of the BSC District subject to the approval of a petformance standards permit: ( 1) AU-electric vehicle automobile dealership showrooms. (b) The following uses may be permitted in the BSC-2, BSC-3 and BSC-4 portions of the BSC District subject to the approval of a performance standards permit: ( 1) Sidewalk cafes that exceed two hundred square feet in area, subject to the limitations contained in Section 9.04.08.15.080. (Added by Ord. No. 184lCCS § 3 (part), adopted 2/13/96; amended by Ord. No. 2192CCS § 6, adopted 7/11!06; Ord. No. 2384CCS § I, adopted 12/13/11) 9.04.08.15,040 Conditionally permitted uses. (a) The following uses may be permitted in the BSC-1 p01tion of the BSC District subject to the approval of a conditional use permit Additionally, any use for which the Third Street Promenade first-floor frontage exceeds fifty feet shall obtain a use permit pursuant to Section 9.04.13.060, and the conversion of any portion of a food use in existence as of January 24, 2006 to any other new or expanded use located on the grOund floor level adjacent to the Third StreetPromenad.e shall obtain a conditional use permit pursuant to Section 9.04.08.15.085: (1) Bars, subject to the limitations contained in Section 9.04.08.15.080; (2) Billiard parlors; (3) Bowling alleys; (4) Cinemas; (5) Clubs and lodges; (6) Convention and conference facilities; {7) Fast-food food courts, subject to the limitations contained in Section 9.04.08.15.080; {8) Homeless shelters with fifty-five beds or more; (9) Hotels and motels; (10) Nightclubs, subject to the limitations contained in Section 9.04.08.15.080; (II) Open-air farmers markets; (12) Skating rinks; (13) Theaters.
Santa Monica Municipal Code 9.04.08.15.040 (b) The following uses may be permitted in the BSC-2, BSC-3 and BSC-4 pmtions ofthe BSC District, subject to the approval of a conditional use permit: (1) Automobile parking lots and structures; (2) Bars, subject to the limitations contained in Section 9.04.08.15.080; (3) Billiard parlors; (4) Bowlingalleys; (5) Cinemas; (6) Clubs and lodges; (7) Convention and conference facilities; (8) General offices uses on the ground floor in that pmtion of a parcel between twenty-five feet and seventy-five feet from the front parcel line; · (9) Homeless shelters with fifty-five beds or more; (10) Hotels and motels; (11) Nightclubs, subject to the limitations contained in Section 9.04.08.15.080; (12) Open-air farmers markets; (13) Skating rinks. (c) In addition to those uses specified in subsection (b) of this Section, the following uses may be permitted in the BSC-3 portion of the BSC District subject to the approval of a conditional use pe1mit: Expansion or intensification of automobile repair facilities existing as of July 8, 1997 provided such property is physically improved to comply with the Bayside District special project design and development standards set fmth in Section 9.04.08.15.070 and the special conditions for auto repair facilities set forth in Section 9.04.14.050. (Added by Ord. No. 1841CCS § 3 (part), adopted 2/13/96; amended by Ord. No. 1885CCS §I, adopted 9/23/97; Ord. No. 1937CCS § I, adopted 2/23/99; Ord. No. 2142CCS § 2, adopted 9/28/04; Ord. No. 2175CCS § 2, adopted2/14/06; Ord. No. 2198CCS § 2, adopted 7 /25/06) 9.04.08.15.050 Prohibited uses. The following uses are prohibited in the BSC-1, BSC-2, BSC-3 and BSC-4 pmtions of the BSC District: (a) Drive-in and drLve-through restaurants. (b) Fast-food restaurants, except those located in a fast-food court. (c) Firearms dealerships. (d) Game arcades. (e) Any use not otherwise authorized. (Added by Ord. No. 1841CCS § 3 (part), adopted 2/13/96; amended by Ord. No. 1852CCS § 9, adopted 6/11/96) 9.04.08.15.060 Property development standards. All property in the BSC District shall be developed in accordance with the following standards: (a) Maximum Building Height and FAR. Maximum building height, number of stories and floor area ratio shall be determined as follows: 427 District BSC-1 BSC'2 BSC-3 BSC-4 Maximum Height 56' 56' 56' 45' Notwithstanding the above: Maximum Number of Stories 4 4 4 3 Maximum FAR 3.0 3.0 3.0 2.0 (1) There shall be no limitatiori on the number of stories of any hotel, parking structure, or structure containing at least one floor of residential use, so long as the height does not exceed the maximum number of feet petmitted in this Section. (2) Floor area devoted to residential uses shall be discounted by fifty percent for the purposes of floor area ratio calculation. (3) Parcels of fifteen thousand square feet or less within the Passageway Overlay Zone, as depicted in the Bayside District Specific Plan, may be developed to a maximum height of eighty-four feet, and a 3.5 FAR provided the· following conditions are met: (A) The top two floors are used exclusively for residential purposes; (B) All inclusionary units required by Chapter 9.28 ofthis Code are provided on-site; (C) Parking for the residential uses is provided on-site, notwithstanding Section 9.04.10.08.030(m); (D) A passageway dedicated to the City of Santa Monicit as a recorded easement is provided; (E) The dedicated passageway is a minimUm of twelve feet in width and is well lighted and visually unobstructed from the Promenade to the alley; (F) There shall be only one dedicated passageway permitted on each side of each block; however, dedicated passageways existing as of the effective date of the ordinance codified in this Section shall not collllt toward this limit. (4) With th~ approval of a develoPment review permit, parcels over fifteen thousand square feet within the Passageway Overlay Zone, as depicted in the Bayside District Specific Plan, may be developed to a maximum height of eighty-four feet, and a 3.5 FAR provided the following conditions are met: (A) The top two floors are used exclusively for residential purposes; (B) All inclusionary units required by Chapter 9.28 ofthis Code are provided on-site; (C) Parking for the residential uses is provided on-site, notwithstanding Section 9.04.l0.08.030(m); (D) A passageway dedicated to the City of Santa Monica as a recorded easement is provided; (E) The dedicated passageway is a minimum of twelve feet in width and is well lighted and visually unobstructed from the Promenade to the alley; (F) There shall be only one dedicated passageway permitted on each side of each block; however, dedicated passageways existing as of the effective date of the ordinance codified in this Section shall not count toward this limit. (Santa Monica Supp. No. 71, 2·12)
9.04.08.15.060 Santa Monica Municipal Code (5) With the approval of a development review permit, parcels in the BSC,2 and BSC-3 Districts may be developed to a maximum height of eighty-four feet, and a 3.5 FAR provided the following conditions are met: (A) The top two floors are used exclusively for residential purposes; (B) All inclusionary units required by Chapter 9.28 ofthis Code are provided on-site; (C) Parking for the residential uses is provided on-site, notwithstanding Section 9.04.1 0.08.030(m). (6) With approval of a development review permit, in the BSC-2 District, existing legal nonconforming buildings on different parcels may be connected by a bridge which exceeds height limitati!Jns and FAR limitations for such parcels provided that the following conditions are met: (A) The bridge contains no usable area other. than that reasonably necessary for pedestrian circulation; (B) The height of the bridge is no higher than the existing buildings; (C) The bridge would not be detrimental to public health or safety; (D) Appropriate covenants or restrictions are recorded with the County Recorder's Office which state the intention of the owner(s) to develop the parcels as a single building site in accordance with Section 9.04.06.0!0(g) of this Code. (7) Without requiring a development review permit, City-owned public parking structures in the BSC-2 District may be developed to a maximum height of eighty-four feet as measured to the rooftop parking smface, excluding permitted projections, with no FAR limitation. (b) Building Stepbacl<s. For new structures or additions to existing structures, any portion of a building elevation fronting on Second Street, Third Street Promenade or Fourth Street, above thirty feet in height shall be stepped back at a 36.9 degree angle measured from the horizontal. For buildings located in the Passageway Overlay Zone, there shall be no additional stepback requirement above ·fifty-six feet of building height In addition, for parcels one hundred feet in depth measured from Wilshire Boulevard, Arizona Avenue, Santa Monica Boulevard or Broadway (cross streets), any portion of a building elevation fronting on the cross street, above thirty feet in height, shall be stepped back fifteen feet from the cross Street. The Architectural Review Board may allow the fifteen-foot step back to be provided only for the portion of the building above forty-five feet in height if the Architectural Review Board determines that such a stepback is necessary to maintain the district's existing character and to provide visual continuity with nearby structures. Notwithstanding the above, City-owned public parking structures shall instead be required to step back above the second floor a minimum of thirteen feet-measured from the property line to the guard rail, with architectural treatments and stairs permitted to encroach into this stepback: (1) up to the property from grade to the fourth floor; (2) up to ten feet from the fifth floor to sixth floor; and (3) up to seven feet from the seventh floor and above. (c) Minimum Parcel Size. For all zoning classifications in the BSC District, minimum parcel size shaJl be seven (Santa Monica Snpp. No. 71, 2-12) 428 thousand five hundred square feet. Each parcel shall contain a minimum depth of one hundred fifty feet and a minimum width of fifty feet, except that legal parcels existing on the effective date of the ordinance codified in this Section shall not be subject to this requirement. (d) Development Review Required. For all zoning classifications in the BSC District, a development review permit is required for any new development of more·than seven thousand five hundred square feet of floor area and for any developmeOt with rooftop parking, except the following projects shall be subject to a develop:rpent review permit if in excess of thirty thousand square feet: ( l) Projects that contain a minimum of eighty percent of floor area devoted to multi-family residential usc provided that at least twenty percent of the housing units are deed-restricted or restricted by an agreement approved by the City for occupancy by households with incomes of sixty percent of median income or less or at least ten percent of the housing units arc deed-restricted or restricted by an agreement approved by the City for occupancy by households with incomes of fifty percent of median income or less. The required percentage of affordable housing units shall not apply to any State density bonus units provided in the project; (2) Affordable housing projects in which one hundred percent of the housing units are deed-restricted or restricted by an agreement approved by the City for· occupancy by households with incomes of eighty percent of median income or less; (3) The requirements of subsection (d)(!) may also be met through the provision of off-site affordable housing units subject to the following provisions: (A) The number of off-site affordable housing units provided by the project shall be at least twenty-five percent greater than the number of on-site units that would have been provided by the project to meet the requirements of subsection (d)(!) of this Section. (B) The off-site affordable housing units shall be developed in accordance with the requirements of subsections (b) through (g) of Section 9.56.060 of this Code. (C) The off-site affordable housing units shall be located in an affordable housing project in which one hundred percent of the housing units are deed-restricted or restricted by an agreement approved by the City in accordance with the following affordability levels: (i) At least fifty percent of the housing units in the affordable housing project shall be affordable to low (sixty percent of median income) or very low (fifty percent of median income) income households, and (ii) The remaining housing units in the affordable housing project shall be affordable to moderate (one hundred percent of median income), low or very low income households. (D) The affordable housing project shall be developed to the maximum allowable floor area for the zone in which the project is developed consistent with the City's architectural design standards.
Santa Monica Municipal Code 9.04.08.15.060 Square footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. (e) City-Owned Parking Structures in BSC-2 District. Notwithstanding subsection (d) of this Section, projects that involve the construction or expansion of a City-owned public parking structure in the BSC-2 District shall not require a development review permit. (Added by Ord. No. 1841CCS § 3 (part), adopted 2/13/96; amended by Ord. No. 1864CCS § 2, adopted 9/24/96; Ord. No. 1873CCS § 1, adopted 2/25/97; Ord. No. 1927CCS § 5, adopted 11110/98; Ord. No. 2187CCS § 1, adopted 5/25/06; Ord. No. 2351CCS § 1, adopted 3/22111) 9.04.08.15.065 Deed restrictions. Prior to issuance of a building permit for a project which, pursuant to this Part, has received a density or height bonus, or was not subject to a development review permit because the calculation of the residential square footage of the project was reduced by fifty percent, the applicant shall submit for City review and approval, deed restrictions or other legal instruments setting forth the obligation of the applicant to maintain the residential use of the project for the life of the project. (Added by Ord. No. 1927CCS § 6, adopted 11/10/98) 9.04.08.15.070 Special project design and . development standards. In all zoning classifications in the BSC District the following special project design and development standards shall apply: (a) The entries to ground floor commercial spaces shall be at the same grade as the adjacent public sidewalk. The finished floor level of the ground floor commercial spaces shall be no more than six inches below the average grade of the adjacent sidewalk or twelve -inches above the average grade of the adjacent sidewalk. (b) The ground floor level floor-to-floor height shall be a minimum of e:ighteen feet within the front seventy-five feet of the building. Affordable housing projects as defined in Section 9.04.02.030.025 shall not be subject to this subsection. (c) Ground floor uses shall be pedestrian-oriented uses for a minimum depth ofsevent)r-five feet measured from the front of the structures. (d) The Planning Commission, or the Architectural Review Board in the absence ofPlanning Commission review, may modify the requirements of subsections (a) and (b) ofthis Section and the requirements of subsection (c) of this Section for City-owned public parking structures if the following findings of fact can be made in an affirmative manner: (1) That the strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Chapter or that there are exceptional circumstances or conditions applicable to the proposed development that do not apply generally to other developments covered by this Chapter; and 429 (2) That the granting of an exception would not adversely affect surrounding properties or be detrimental to the district's pedestrian-oriented environment. (e) In any new or reconstructed building, a minjmurn of seventy percent ofthe buildirig fayade at the street frontage at the ground floor level shall be designed with pedestrian orientation, in accordance with Section 9.04.1 0.02.440 of this Chapter, unless precluded by the presence of significant existing arChitectural features. (f) In any new or reconstructed building, clear untinted glass shall be used at the ground floor level to allow maximum visual access to the interior ofbuildings. Mirrored and highly reflective glass shall not be permitted at any level of a structure. (g) In any new or reconstructed building, walk-up facilities shall be recessed and provide adequate queuing space to avoid interruption of the pedestrian flow. (h) Security grills at the street level shall be designed as an integral component of the building, shall be of the roll-down type, shall have an open web sufficient to provide visibility to the interior when the grill is in the closed position, and shall be placed to the interior of the outside glass. (i) For new buildings or additions to existing buildings that are adjacent to buildings identified as historic resources, all portions of the new building or a,ddition located within a five-foot vertical distance from the cornice of the aqjacent historic resource shall be stepped back ten feet from the adjacent side property line and the adjacent side wall shall be designed with the sarile level of finish and detailing as the front fayade of the new construction. The Planning Commission, or Architectural Review Board in the absence of Planning Commission review, may modify this requirement if the following findings of fact can be made in an affirmative· manner: (I) The proposed modification enhances the compatibility of the new construction and the historic resource; and (2) The proposed modification complies with tne Secretary of Interior's Standards for the Rehabilitation of Historic Structures. (Added by Ord. No. 1841CCS § 3 (part), adopted 2113/96; amended by Ord. No. 1893 § 5, adopted 1113/98; Ord. No. 2187CCS § 2, adopted 5/25/06; Ord. No. 2351CCS § 2, adopted 3/22/11) 9.04.08.15.080 Limitations on food uses and alcohol · outiets. (a) The number of alcohol establishments in the BSC District shall be limited to fifty. For purposes of this Section, fast-food food courts shall be counted as one alcohol outlet, even though individual tenants within a fast-food food court may be required to· obtain separate permits in order to obtain an on-sale alcohol license. (Added by Ord. No. 1841 CCS § 3 (part), adopted 2/13/96; amended by Ord. No. 1864CCS § 3, adopted 9/24/96; Ord. No. 2153CCS § 1, adopted 3/8/05) {Santa Monica Supp. No. 68, 5-11)
9.04.08.15.085 Santa Monica Municipal Code 9.04.08.15.085 Conversion of any portion of a food use to any other new or expanded use located on the ground floor level adjacent to the Third Street Promenade. (a) Except as provided in subsection (b) of this Section, in the BSC-1 portion of the BSC District, the conversion of any portion of a food use in existence as of Janumy24, 2006 to any other new or expanded use located on the ground floor level adjacent to the Third Street Promenade shall require a conditional use pennit pursuant to Santa Monica Municipal Code Section Part 9.04.20.12 and one of the following additional firidings.being be made .in the affirmative: (I) The proposed use would preserve the unique mixture of restaurants, retail and entertainment on the Third Street Promenade and maintain the vitality and diversity of the Promenade and the Bayside District; or (2) The strict application of the provisions ofthis Section would, due to unique site conditions or special circumstances, result in practical difficulties or unnecessary hardships, not including economic hardships or economic difficulties, for the business or property owner. (b) Except as provided in subsection (c) ofthis Section, a conditional use pennit shall not be required if a portion of the food use is retained in accordance with the following criteria: (I) The minimum width ofthe retained food use shall be at least one-half of the existing restaurant frontage and two-thirds of existing outdoor dining frontage, but no less than sixteen feet, and the minimum depth of the retained food use shall be no less than seventy-five feet at any point as measured from the front property line. (2) Any outdoor dining area associated with the food use shall be retained or reconfigured with the same or greater square footage. (3) If the outdoor dining area is reconfigured, it may be recessed into· a portion of the building which shall remain open to the Promenade during the establishment's hours of operation provided the recessed depth does not exceed twenty feet, subject to revieW and approval of the Architectural Review Board. In its review, the Architectural Review Board must find that the proposal is compatible with improvementS on the subject and immediab!ly adjacent properties and that the· design has the appearance and function of an easily accessible outdoor dining area that reinforces the Promenade's pedestrian oriented environment, encourages public interaction between the outdoor dining area and the street, and provides visibility to the outdoor dining area. The Architectural Review Board may restrict the recessed depth of the outdoor dining area into the building and require fayade modificatiOns in order to make these finding determinations. ( 4) On comer lots, the retained food use must also be located adjacent to the public right of way intersecting the Third Street Promenade. (c) The conversion of any portion of a fast-food court in existence aS of January 24, 2006 to a new or expanded retail use, or other non-food use, shall require, without exception, a conditional use permit pursuant to subsection (a) of this Section. · (Santa Monica Supp. No. 68, 5-11) 430 (d) Reconfiguration of a food use in accordance with subsection (b) of this Section shall be considered a minor modification to any existing conditional use permit governing a food use operation on the Third Street Promenade provided the primary activity of the establishment remains a restaurant with sit down dining. (Added by Ord. No. 2175CCS § 3, adopted2/14/06; amended by Ord. No. 2198CCS § 3, adopted 1125/06) . 9.04.08.15.090 · Architectural review. All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the proVisions of Chapter 9.32 of this Article. (Added by Ord. No. l841CCS § 3 (part), adopted 2/13/96) 9.04.08.15.100 Exceptions to limitations on food uses and alcohol outlets. Notwithstanding the limitations on food serving establishments and alcohol outlets set forth in Section 3 of Ordinance 1841 CCS (to be codified at Municipal Code ·section 9.04.08.15.080), a maximum of two separate food service establishments with uP to two on-sale alcohol licenses shall be allowed, provided the establishments are contained in the buildings located at 1201-1221 Third Street Promenade, none of the two restaurants contain more than two hundred seats, and the total number of seats does not exceed f4ree hundred sixty. This exemption does not affect the requirement to obtain any other City permits, including, without limitation, conditional use permits or alcohol exemptions for the sale of alcohol at the individual food service establishments. This exemption shall expire one year from the effective date of the ordinance codified in this Chapter unless an application for such establishment(s) has been submitted and deemed complete by that date. (Added by Ord. No. 1841CCS § 5, adopted 2/13/96) 9.04.08.15.110 Applicability of provisions of Part 9.04.08.15. The provisions of this Part 9.04.08.15 shall not apply to any project for which an application was deemed complete prior to January 23, 1996. Any such project may, however, elect to be governed by the provisions of this Part rather than those in effect at the time the project was deemed complete. (Added by Ord. No. 1841CCS § 6, adopted2/l3/96) Part 9.04.08.16 C2 Neighborhood Commercial District 9.04.08.16.010 Purpose. The C2 District is intended to protect and enhance neighborhood commercial areas by promoting the concentration of businesses that provide convenience goods and services used frequently by local residents. This District provides for a scale and character of developJl!ent 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
Santa Monica Municipal Code neighboring residence, including the provision of adequate and properly sited parking facilities. Additionally, the C2 District encourages residential mixed use of commercially zoned parcels to further enhance the transition between neighborhood connnercial and adjacent residential uses, consistent with the goals, objectives and policies of the General Plan. (Prior code§ 9017.1; amended by Ord. No. 1687CCS ~3 (part), adopted 6/22/93) 9.04.08.16.020 Permitted uses. The following convenience goo~s 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 institu_tions; (f) Barber or beauty shops; (g) Child day care centers; (h) Cinema buildings in existence since May 23, 2000; (i) Cleaners; G) Congregate housing; (k). Domestic violence shelters; (1) General offices above the first floor; and on the ground floor for parcels located at least one hundred fifty feet from Montana Avenue, Ocean Park Boulevard, or PiCa Boulevard, except general office uses shall also be allowed on 430-1 9.04.08.16.01 0 (Santa Monica Supp. No. 68, 5-11)
3anta Monica Municipal Code 9.04.08.16.020 the ground floor within one hundred fifty feet of Montana Avenue, Ocean Park Boulevard, and Pico Boulevard in buildings in existence since January 17, 2007 if either subdivision (l) or subdivision (2) ofthis subsection apply: (l) The building has all of the following characteristics: (A) The building's front fal'ade and entrance is not oriented toward Montana Avenue, Ocean Park Boulevard, and Pico Boulevard, and (B) The building has a finished ground floor which is more than three feet below the level of the adjacent sidewalk along Iv!ontana A venue, Ocean Park Boulevard, or Pico Boulevard, and (C) The building is set back a minimum of tWenty· feet from the sidewalk along Montana Avenue, Ocean Park Boulevard and Pica Boulevard, and (D) When the building was initially developed, the ground floor was deSigned and intended for nonpedes trian uses, or (2) The building has all of the following characteristics: (A) When the building was initially developed, the ground floor was designed and intended for general office use, and was legally constructed and occupied in that manner, and (B) The ground floor was subsequently occupied by a charitable, youth or welfare organization, and (C) The charitable, youth, or welfare organization continued to use the ground floor, or a portion thereof, for office use during the entire period that it occupied the property, and (D) Only those portions of the ground floor that were continuously used by the charitable, youth,· or welfare organization for office use may be resumed for general office use, no expansion of this general office use can occur, and if this general office use is subsequently converted to another use or otherwise terminated, this general office use cannot be resumed again except in accordance with this subdivision (2). (m) General retail and specialized retail uses; (n) Homeless shelters with less than fifty-five beds; ( o) Laundromats; (p) Libraries; ( q) Multifamily dwelling units; (r) Offices and meeting rooms for charitable, youth, and welfilfe organizations; (s) Photocopy shops; (t) Places ofworship; (u) Plant nurseries (provided all sujJplies, except planted stock; are kept entirely within an enclosed building); (v) Restaurants of fifty seats or less and at which no alcohol is served or consumed; (w) Schools; (x) Senior group housing; (y) Senior housing; (z) Shoe repair stores; (aa) Sidewalk cafes not more than two hundred square feet in area, subject to the limitations contained in Section 9.04.10.02.460; (bb) Single-family dwelling units; (cc) Single-room occupancy housing; ( dd) Specialty offices; (ee) Tailors; 431 (ff) Theaters with fewer than seventy-five seats; (gg) Transitional housing; (hh) 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 distu~bing or disruptive than perm~tted uses; (ii) 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. (Prior code§ 9017.2; amended by Ord. No. l687CCS § 3 (part), adopted 6/22/93; Ord. No. 2l33CCS § I, adopted 8/3/04; Ord. No. 2l92CCS § 7, adopted 7/ll/06; amended by Ord. No. 2223CCS § l, adopted 4/10/07; Ord. No. 2307CCS § l, adopted 3/9/10) 9.04.08.16.030 Uses subject to performance standards permit. The following uses may be permitted in the C2 District subject to the approval of a performance standards permit: (a) Large family day care homes. (b) Sidewalk cafes that exceed two hundred squarefeet in area. (Prior code§ 9017.3; amended by Ord. No. l687CCS § 3 (part), adopted 6/22/93; Ord. No. 2192CCS § 8, adopted 7/25/06) 9.04.08.16.035 Uses subject to a use permit. (a) Outdoor newsstand. (Added by Ord, No. l690CCS § 3, adopted 7/l3/93) 9.04.08.16.040 Conditionally permitted uses. The following uses may permitted in the C2 District subject to the approval of a conditional use permit: (a) Banks and savings and loan institutions. (b) -Expahsion or intensification of automobile repair facilities existing as of July ll, 1995. (c) Homeless shelters with fifty-five or more beds. (d) Medical, dental, and optometrist offices provided that the use does not exceed twenty-five percent of the total square footage of the building, or three thousand square feet, whichever is less. (e) Restaurants of fifty seats or less at which alcohol is served or consumed. (f) Restaurants of more than fifty seats, with or without alCohol service or consumption, iflocated on parcels adjacent to Ocean Park Boulevard between Twenty-Fifth Street and Centinela Avenue. (g) Service stations. (h) Take-out or fast food restaurants. (i) Theaters over seventy-five seats. (Prior code § 90 17.4; amended by Ord. No. l687CCS § 3 (part), adopted 6/22/93; Ord. No. 1809CCS § 2, adopted 7/25/95; Ord. No. 2l5lCCS § l, adopted 2/22/05) 9.04.08.16.050 Prohibited uses. (a) Cinemas, unless the cinema building has been in existence since May 23, 2000. (b) Drive-in and drive-through restaurants. (Santa Monica Supp. No. 64, 5~ I 0}
9.04.08.16.050 Santa Monica Municipal Code (c) Firearms dealerships. (d) Parking structures located below the ground in conjunction with commercial development, except for parking below grade exclusively for residential uses. (e) Rooftop parking. (f) Any use not specifically authorized. (Prior code § 9017.5; amended by Ord. No. 1687CCS § 3 (part), adopted 6/22/93; Ord. No. 1852CCS § 10, adopted 6/11196; Ord. No. 2133CCS § 2, adopted 8/3/04) 9.04.08.!6.060 Property development standards. All property in the C2 District shall be developed m accordance with the following standards: (a) Front Yard Setback. Landscaping as required pursuant to the provisions of Part 9.04.10.04. The building must comply with build-to-line requirements pursuant to the provisions contained in Section 9.04.10.02.050. (b) Maximum Building Height. Two stories, not to exceed thirty feet. . (c) Maximum Floor Area Ratio. The maximum floor area ratio shaJl be determined as follows: ( 1) C2 District on Montana A venue, and for permitted projects on Ocean Park B_oulevard, 26th Street and Pico Boulevard: FAR if at Least Thirty Parcel Square Pefcent of Project is Footage FAR Residential 0-7,500 0.60 0.75 7,501-15,000 0.40 0.75 15,001-22,500 0.35 0.65 22,501 and up 0.25 0.55 (2) C2 District on Ocean Park Boulevard and 26th Street, for preferred permitted projects only*: Parcel Square Footage 0-7,500 7,501-15,000 15,001-22,500 22,501 and up FAR 0.75 0.50 0.45 0.40 FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent of the Project is a Grocery Store_ 0.75 0.75 0.65 . 0.55 (3) C2 District on Pica Boulevard, for preferred permitted projects only*: (Santa Monica Supp. No. 64, 5-l 0) 432 Parcel Square Footage 0-7,500 7,501-15,000 15,001-22,500 22,501 and up FAR 1.00 0.70 0.60 0.50 FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent of the Project is a Grocery Store 1.00 1.00 0.85 0.75 .*Preferred permitted projects include: one hundred percent affordable housing projects; projects that include the retention ~nd preservation of a historic structure and comply with the Secretary oflnterior's Standards for the Treatment ofHistoric Structures; child day care centers; congregate housing; domestic violence shelters; homeless shelters with less than fifty-five beds; market rate apartment and condominium buildings where twenty-five percent ofthe residential units are three-bedroom or larger, sixty-six percent of the -r:emaining residential units are two bedrooms or larger, and the project is registered with the USGBC to receive a LEED rating of silver or higher level; mixed use commercial-residential projects where at least ninety percent of the floor area at the second floor and above is dedicated toward residential uses, twenty-five percent of the residential units are three-bedroom or larger, sixty-six percent of the remaining residential units are two bedrooms or larger, and the project is registered with the USGBC to receive a LEED rating of silver or higher level; places of worship; senior group housing; senior housing; and transitional housing. (d) Minimum Lot Size. Seven thousand five hundred square feet. Each parcel shall have minimum dimensions of fifty feet by one hundred fifty feet, except that parcels existing on the effective date of the ordinance codified in this Chapter shall n~t be subject to this requirement: (ej Rear Yard Setback. None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories x lot width) 50' The required rear yard may be used for parking or loading to within five feet of the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than five feet or more than six feet i.n height is erected and maintained along the rear commercial parcel line. Access driveways shall be pepnitted to cross perpendicularly the required rear yard provided the driveway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions ofPart 9.04.10.04.
Santa Monica Municipal Code 9.04.08.16.060 (f) Side Yard Setback. None, except: (I) Where the interior side parcel line abuts a resicl-ential district, an interior side yard equal to: 5' + (stories x lot width) 50' The interior side yard may be used for parking or loading to within five feet to the interior side property _line provided the p9-rking or loading does not extend above the first floor level and provided a wall not less than five feet or more than siX feet. in height is erected and maintained along the side commercial par·celline. A required interior side yard shall not be used for access or for commercial purposes. (2) That rieeded to accommodate landscaping required for a street side yard, landscape buffer and screening. pursuant to the provisions of Part 9.04.10.04. (3) A ten-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. ifl.terior Side yard less than ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. (g) Development Review. A development review permit is required for any development of more than eleven thousand square feet of floor ~rea, except that within the C2 District on · Montana Avenue, a development review permit shall be required for any development of more than five thousand square feet. Square footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. (Prior code § 9017 .6; amended by Ord. No. 1687CCS § 3 (part), adopted 6/22/93; Ord. No. 1774CCS § 2, adopted 11/15/94; Ord. No. 1927CCS § 7, adopted 11110/98; Ord. No. 2102CCS § 3, adopted 12/16/03; Ord. No: 2133CCS § 3, adopted 8/3/04; Ord. No. 2207CCS § 7, adopted 10/3/06) 9.04.08.16.065 Deed restrictions. Prior to issuance of a building permit for a project which, pursuant to this Part, has received a density bonus, or was not subject to a development review permit because the calculation of the residential square footage of the project was reduced by fifty percent, the applicant shall submit, for City review and approval_, deed restrictions or other legal instruments setting·forth the obligation of the applicant to maintain the residential use of the project for the life of the project. (Added by Ord. No. l828CCS § 2, adopted 1117195; amended by Ord. No. 1927CCS § 8, adopted 1111 0/98) 9.04.08.16.070 Special project design and development standards. Projects in the C2 District 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 designed with pedestrian orientation in accordance with Section 9.04.10.02.440 of this Chapter, and designed to 432-1 accommodate pedestry.an-oriented uses to a minimum depth of fifty feet from thtcfront ofthe structure. (Prior code§ 9017.7; amended by Ord. No. l687CCS § 3 (part), adopted 6/22/93; Ord. No. i893CCS § 6, adopted 1/13/98) (Santa Monica Supp. No. 64, 5-10)
Santa Monica Municipal Code 9.04.08.16.080 9.04.08.16.080 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 9.32 of this Article. (Prior code§ 9017.8; amended by Ord. No. 1687CCS § 3 (part), adopted 6/22193) Part 9.04.08.18 C3 Downtown C~mmercial District 9.04.08.18.010 Purpose. The C3 ·District is intended to maintain and enhance the downtown area and to provide a concentration and variety of commercial, residential, cultural, and recreational opportunities including comparison and general retail, office, cultural uses, and complementary uses such as hotels, housing, and visitor serving uses. The C3 District encourages the concentration of other uses which generate activity during both daytime and evening hours. The development standards for the C3 District are intended to provide for a sense of human scale and pedestrian-oriented character at the street level among a variety of commercial and residential mixed uses in the· Downtown, consistent with the goals, objectives, and policies of the General Plan. (Prior code § 9018.1; amended by Ord. No. 1687CCS § 4 (part), adopted 6/22/93) 9.04.08.18.020 Permitted uses. The following convenience goods and service type uses shall be permitted in the C3 District, if conducted within an enclosed building, except where otherwise permitted: (a) Art galleries. (b) Artist studios above the first floor. (c) Auditoriums. (d) Bakeries. (e) Banks and savings and loan institutions. (f) Barber or beauty shops. (g) Business colleges. (h) Cleaners. (i) Child day care centers. (j) Congregate housing. (k) Dance studios. (I) Domestic violence shelters .. (m) Electric distribution substations. (n) Exercise facilities. ( o) General offices. (p) General retail and specialized retail uses. (q) Homeless shelters with less than fifty-five beds. (r) Hotels and motels. (s) Laundromats. (t) Medical, dental and optometrist clinics and laboratories. (u) Medical equipment rentals. (v) Multifamily dwelling units. (w) Museums. (x) Outdoor newsstands. (y) Party equipment rentals. (z) Pawnbrokers. (aa) Photocopy shops. 433 (bb) Places of worship. (cc) Restaurants. ( dd) Senior group housing. (ee) Senior housing. (ff) Sidewalk cafes not more than two hupdred square feet in area, subject to the limitations contained in Section 9.04.1 0.02.460. (gg) Single-family dwelling units. (hh) Single-room occupancy housing. (ii) Tailors: (jj) Theaters. (kk) Trade schools. (II) Transitional housing. (mm) Variety stores. (nn) Accessory uses which are determined by the Zoning Administrator to be necessary and cus.tornarily associated with and appropriate, incidental, and subordinate to, the principal petmitted uses and which are Consistent and not more disturbing or disruptive than permitted uses. ( oo) Other uses determined by the Zoning Administrator to be similar to those listed above and which are consistent and not more disturbing or disruptive than permitted uses. (Prior code § 9018.2; amended by Ord. No. 1.687CCS § 4 (part), adopted 6/22/93; Ord. No. 1690CCS § 4, adopted 7/13/93; Ord. No. 2192CCS § 9, adopted 7/11/06; Ord. No .. 2288CCS § I, adopted 4/28/09) 9.04.08.18.030 Uses subject to performance standards permit. The following uses may be permitted in the C3 District subject to the approval of a performance standards permit: (a) Automobile rental agencies. (b) Automobile parking lots. (c) Sidewalk cafes that exceed two hundred square feet in area. (Prior code§ 9018.3; amended by Ord. No. 1687CCS § 4 (part), adopted 6/22/93; Ord. No. 2192CCS § 10, adopted 7111/06) 9.04.08.18.040 Conditionally permitted uses. The following uses may be permitted in the C3 District subject to the approval of a conditional use permit: (a) Automobile parking structures. (b) Bed and breakfast facilities. (c) Billiard parlors. (d) Bowling alleys. (e) Cinemas. (f) Clubs and lodges. (g) Convention and conference facilities. (h) Expansion or intensification of automobile repair facilities existing as of July 11, 1995. (i) Funeral parlors and mortuaries. (j) Homeless shelters with fifty-five beds or more. (k) Liquor stores. (I) Nightclubs. ( m) Open-air farmers markets. (n) Replacement of fast-food restaurants in existence as of May 13, 2003. ( o) Service stations. (Santa Monica Supp. No, 6 I, 8-09)
9.04.08.18.040 Santa Monica Municipal Code (p) Skating rinks. (q) Take-out restaurants. (r) Rooftop parking. (Prior code§ 9018.4; amended by Ord. No. 1687CCS § 4 (part), adopted 6/22/93; Ord. No. 1809CCS § 3, adopted 7/25/95; Ord. No. 1877CCS § I, adopted 4/15/97; Ord. No. 2077CCS § I, adopted 5/20/03) 9.04.08.18.050 Prohibited uses. (a) Drive-in, drive-th~ough and new fast-food restaurants. (b) Firearms dealerships. (c) Any use not specifically authorized. (Prior code § 9018.5; amended by Ord. No. 1687CCS § 4 (part), adopted 6/22/93; Ord. No. 1852CCS § II, adopted 6/11/96; Ord. No. 1877CCS § 2, adopted 4115/97; Ord. No. 2077CCS § 2, adopted 5/20/03) 9.04.08.18.060 Property development standards. All property in the C3 District shall be developed in accordance with the following standards: (a) Maximum Building Height. Three stories, not to exceed forty-five feet, except for the following: (!) For parcels in the area bounded by 5th Court, 6th Court, Colorado A venue and Wilshire Boulevard, the maximum height shall be five stories, sixty feet; provided, there is no retail above the first floor and only residential uses above t_he second floor. (2) For parcels in the area bounded by 6th Court, 7th Court, Colorado Avenue and Wilshire Boulevard and the north side of Wilshire Boulevard between 2nd Street and 7th Street, the maximum height shall be four stories, fifty feet; provided, there is no retail above the first floor and only residential uses above the second floor. There shall be no limitation on the number of stories of any hotel, detached parking structure, or structure containing at least one floor of residential use, so long as the height does not exceed the maximum number of feet permitted in this Section. (b) Maximum Floor Area Ratio. 2.0, except that in the area bounded by 5th Court, 7th Court, Colorado Avenue and Wilshire Boulevard, and the area on the north side ofWilshire Boulevard between 2nd Street and 7th Street, the FAR for commercial square footage shall not exceed 1.5. Floor area devoted to residential uses shall be counted at fifty percent. (c) Minimu~ Lot Size. Seven thousand five hundred square feet. Each parcel shall contain a minimum depth of one hundred fifty feet and a minimum width of fifty feet, except that parcels existing on the effective date ofthis Chapter shall not be subject to this requirement. (d) Front Yard Setback. Landscaping as required pursuant to the provisions of Section 9.04.08.18.065(e). (e) Rear Yard Setbacl<. None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories x lot width) 50' The required rear yard may be used for parking or loading to within five feet of the rear parcel line; provided, the parking (Santa Monica Supp. No. 61, S-09) 434 or loading does not extend above the first floor level; and provided, that a wall not less than five feet or more than six feet in height is erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to perpendicularly cross the required rear yard; provided, the driveway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Part 9.04.10.04. (f) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories x lot width) 50' The interior side yard may be used for parking or loading no closer than five feet to the interior side. property line; provided, the parking or loadlng does not extend above the first floor level; and provided, a wali not less than five feet or more than six 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 commerciai purposes. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-foot setback from an interior property line shall be required for portions of buildings that contain windows, doors or other openings into the interior of the building. An interior side yard less than ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. (g) Developme.nt Review. A development review permit is required for any development of more than seven thousand five hundred square feet of floor area, except the following projeCts shall be subject to a development review permit if in excess of thirty-thousand square feet: (1) Projects that contain a minimum of eighty percent of floor area devoted to multi-family residential use provided that at least twenty percent of the housing units are deed-restricted or restricted by an agreement approved by the City for occupancy by households with incomes of sixty percent of median income or less or at least ten percent of the housing units are deed-restricted or restricted by an agreement approved by the City for occupancy by households with incomes of fifty percent of median income or less. The required percentage of affordable housing units shall not apply to any State density bonus units provided in the project. (2) Affordable housing projects in which one hundred percent of the housing units are deed-restricted or restricted by an ~greement approved by the City for occupancy by households with incomes of eighty percent of median income or less. (3) The requirements of subsection (g)( I) may also be met through the provision of off-site affordable housing units subject to the following provisions:
Santa Monica Municipal Code 9.04.08.18.060 (A) The number of off-site affordable housing units provided by the project shall be at least twenty-five percent greater than the number of on-site units that would have been provided by the project to meet the requirements of subsection (g)( I) of this Section. (B) The off-site affordable housing units shall be developed in accordance with the requirements of subsections (b) through (g) of Section 9.56.060 of this Code. (C) The off-site affordable housing units shall be located in an affordable housing project in which one hundred percent of the housing units are deed-restricted or restricted by an agreement approved by the City in accordance with the following affordability levels: (i) At least fifty percent of the housing units in the affordable housing project shall be affordable to low (sixty percent of median income) or very low (fifty percent of median income) income households; and (ii) The remaining housing units in the affordable housing project shall be affordable to moderate (one hundred percent of median income), low or very low income households. (D) The affordable housing project shall be developed to the maximum a11owable floor area for the zone in which the project is developed consistent with the City's architectural design standards. Square footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. (h) Maximum Uninterrupted Building Fa~ade. Every one hundred feet ofbuilding fayade at the street frontage shall contain at least one public entrance or other publicly accessible pedestrian-oriented use. (i) Ground floor street frontage of each structure shall be designed with pedestrian-orientation in accordance with Section 9.04.10.02.440 of this Chapter. U) Parcels in the C3 District are required to have ground-floor commercial uses to a minimum depth of fifty feet from the building front, except that on parcels with 7th Street frontage, the requirement shall be to a minimum depth of twenty-five feet from the building front. The spaces shall be provided in accordance with the following formula: Pa·rcel Minimum Size of Frontage Commercial Space 6th Street 50-99 feet 2,500 square feet I 00 feet or more 5,000 square feet 7th Street 50-99 feet I ,250 square feet 100 feet or more 2,500 square feet Comer parcels in the C3 District are required to have ground-floor pedestrian-oriented uses. Affordable housing projects as defined in Section 9.04.02.030.025 shall not be subject to this subjection. (k) The Planning Commission may exempt municip<il buildings from the requirements of subsections (h), (i) and G) 435 of this Section if both ofthe following findings offact can be made in an affinnative manner: (I) That the strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Chapter or that there are exceptional circumstances or conditions applicable to the proposed development that do not apply generally to other development covered by this Chapter; (2) That the granting of an exception would not adversely affect surrounding properties or be detrimental to the district's pedestrian oriented environment .. (Prior code § 9018.6; amen.ded by Ord. No. 1563CCS, adopted 1/22/91; Ord. No. 1687CCS § 4 (part), adopted 6/22/93; Ord. No: 1877CCS § 3, adopted 4/15/97; Ord. No. 1893CCS § 7, adopted 1113/98; Ord. No. 1927CCS § 9, adopted III! 0/98; Ord. No. 2068CCS § I, adopted 3/11/03; Ord. No. 2187CCS § 3, adopted 5/25/06) 9.04.08.18.065 Special project design and development standards. (a) The entries to ground floor commercial spaces shall be at the same grade as the adjacent public sidewalk. The finished floor level of the ground floor commercial spaces shall be no more than six inches below the average grade of the adjacent sidewalk or twelve inches above the average grade of the adjacent sidewalk. (b) The ground floor level floor-to-floor height shall be a minimum of fifteen feet within the front fifty feet of the building, except that for parcels within the C3 District fronting 7th Street, this minimum fifteen feet floor-to-floor height requirement shall be within the front twenty-five feet of the building. Affordable housing projects as defined in Section 9·.04.02.030.025 shall not be subject to this subsection (b). (c) The Planning Commission, or the Architectural Review Board in the absence of Planning Commission review, may modify the requirements of subsections (a) and (b) oft his Section if the following findings of fact can be made in an affirmative manner: (I) That the strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Chapter or that there are exceptional circumstances or conditions applicable tO the proposed development that do not apply generally to other developments covered by this Chapter; and (2) That the granting of an exception would not adversely affect surrounding properties or be detrimental to the district's pedestrian-oriented environment. (d) For new buildings or additions to existing buildings that are adjacent to buildings that are considered historic resources, all portions of the new building or addition within a five-foot vertical distance from the cornice of the adjacent historic resource shall be stepped back ten feet from the adjacent side property line and the adjacent side wall shall be designed with the same level of finish and detailing as the front fayade of the new construction. The Planning Commission, or Architectural Review Board in the absence of Planning Commission review, may modify this requirement if (Santa Monica Supp. No. 61, 8-09)
9 .04.08.18.065 Santa Monica Municipal Code the following findings of fact can be made in an affirmative manner: (1) The proposed modification enhances the compatibility of the new construction and the historic resource; and (2) The proposed modification complies with the Secretary of Interior's Standards for the Rehabilitation of Historic Structures. (e) Subject to the review and approval ofthe Architectural Review Board, a landscaped area of twenty-five square feet per fifty feet of parcel street frontage shall be provided and incorporated into the pedestrian-oriented design elements required pursuant to Section 9.04.!0.02.440. The required area may be provided in any configuration except that landscaping shall be required in front of blank walls along the building's streetfronf. Landscaping located in front of storefront windows shall be low-growing species that, at maturity, do not exceed the height of the adjacent storefront window sill. The Architectural Review Board may modify this landscaping requirement if the following finding of fact can be made in an affirmative manner: (I) That the strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Chapter or that there are eXceptional circumstances or conditions applicabl'e to the proposed development that do not apply generally to other developments covered by this Chapter; and (2) That the granting of an exception would not adversely affect surrounding properties or be detrimental to the district's pedestrian-oriented environment. (Ord. No. 2187CCS § 4, adopted 5125/06) 9.04.08.18.070 Deed restrictions. Prior to issuance of a building permit for a project which, pursuant to this Part, has received a density or height bonus, or was not subject to a development review permit because the calculation of the residential square footage of the project was reduced by fifty perCent, the appliCant shall submit, for City review and approval, deed restrictions or other legal instrum·ents setting forth the obligation of the applicant to maintain the residential use of the project for the life of the project. (Added by Ord. No. 1828CCS § 3, adopted ll/7/95; amended by Ord. No. 1927CCS § 10, adopted 11/10/98; Ord. No. 2187CCS § 5, adopted 5/25/06) · 9.04.08.18.075 Architectural review. All new construction, new additions to existing buildings, and any other exterior improvep1ents ihat require issuance of a building permit shall be subject to architect\Jral review pursuant to the provisions of Chapter 9.32 of this Article. (Prior code§ 9018.7; amended by Ord. No. 1687CCS § 4 (pa11), adopted 6/22/93; Ord. No. 2187CCS § 6, adopted 5/25/06) {Santa Monica Supp. No. 61, 8-09) 436 Part 9.04.08.20 C3-C Downtown Overlay District 9.04.08.20.010 Purpose. The C3-C District is intended to provide for a concentration of comparison retail and cultural uses in addition to complementary uses such as hotels, offices, and housing. The development standards for the C3-C District are intended to permit a greater amount of floor area per parcel in order to encourage an increase in the mix of activity in the area while providing for development that maintains a sense of human scale and pedestrian-oriented character, consistent with the goals, objectives, and policies of the General Plan. (Prior code§ 9019.1; amended by Ord. No. l687CCS § 5 (part), adopted 6/22/93) 9.04.08.20.020 Permitted uses. The following convenience goods and service type uses shall be petmitted in the C-3C District, if conducted within an enclosed building, except where otherwise permitted: (a) Art galleries. (b) Artist studios above the first floor. (c) Appliance repair shops. (d) Bakeries. (e) Banks and savings and loan institutions. (f) Barber or beauty shops. (g) Business colleges. (h) Child day care centers. (i) Cleaners. GJ Congregate housing. (k) Cultural facilities. (l) Dance studios. (m) Domestic violence shelters. (n) Electric distribution substations. ( o) Exercise facilities. (p) General offices above the first floor and first floor offices not at the street fr~ntage. ( q) General retail. (r) Health equipment rentals. (s) Homeless shelters with less than fifty-five beds. (t) Exercise facilities. ( u) Laundromats. (v) Medical, dental and optometrist clinics and laboratories. (w) Multifamily dwelling units. (x) Museums. (y) Outdoor newsstands. (z) Party equipment rentals. (aa) Pawnbrokers. (bb) Photocopy shops. (cc) Places of worship. ( dd) Restaurants. (ee) Senior group housing. (ff) Senior housing. (gg) Sidewalk cafes not more than two hundred square feet in "area, subject to the limitations contained in Section 9.04.1 0.02.460. (hh) Single-family dwelling units. (ii) Single-room occupancy housing.
Santa Monica Municipal Code 9.04.08.20.020 (jj) Small appliance stores. (kk) Tailors. (II) Theaters. (mm) Trade schools. (nn) Transitional housing. (oo) Variety stores. (pp) Accessory uses which are determined by the Zoning Administrator to be necessary and customarily associated with, and appropriate, incidental, and subordinate to, the principal permitted uses and which are consistent and not more disturbing or disruptive than permitted uses. ( qq) Other uses determined by the Zoning Administrator to be similar to those listed above and which are consistent arid not more disturbing or disruptive than permitted uses. (Prior code§ 9019.2; amended by Ord. No. 1687CCS § 5 (part), adopted 6/22/93; Ord. No. 1690CCS § 5, adopted 7/13/93; Ord. No. 2!92CCS § 11, adopted 7/11/06; Ord. No. 2288CCS § 2, adopted 4/28/09) 9.04.08.20.030 Uses subject to performance standards permit. The following uses may be permitted in the C3-C District subject to the approval of a performance standards pennit: (a) Automobile rental agencies. (b) Sidewalk cafes that exceed two hundred square feet in area. (Prior code§ 9019.3; amended by Ord. No. 1687CCS § 5 (part), adopted 6/22/93; Ord. No. 2192CCS § 12, adopted 7/11/06) 9.04.08.20.040 Conditionally permitted uses. The following uses may be permitted in the C3-C District subject to the approval of a conditional use permit: (a) Auditoriums. (b) Automobile parking lots and structures. (c) Billiard parlors. (d) Bowling alleys. (e) Cinemas. (f) Clubs and lodges. (g) Convention and conference facilities. (h) Expansion or intensification of automobile repair facilities existing as of July 11, 1995. (i) Homeless shelters with fifty-five beds or more. (j) Hotels and motels. (k) Liquor stores. (I) Nightclubs. (m) Offices at the ground floor street frontage. (n) Open-air farmers markets. ( o) Restaurants where entertainment and dancing occurs. (p) Service stations. ( q) Skating 1inks. (r) Take-out and fast food restaurants. (Prior· code § 9019.4; amended by Ord. No. 1687CCS § 5 (part), adopted 6/22/93; Ord. No. 1809CCS § 4, adopted 7/25/95) 9.04.08.20.050 Prohibited uses. (a) Drive-in and drive-through restaurants. (b) Firearms dealerships. 436-1 (c) Rooftop parking on parcels directly abutting, or separated by an alley from a residential district (d) Any use not specifically authorized. (Prior code § 9019.5; amended by Ord. No. 1687CCS § 5 (part), adopted 6/22/93; Ord. No. 1852CCS § 12, adopted 6111/96) 9.04.08.20.060 Property development standards. The property development standards for the C3-C District shall be four stories, fifty-six feet and 2.5 FAR, except that floor area devoted to residential uses shall be discounted by fifty percent. For parcels bounded by 4th Court, 5th Court, Colorado A venue and Wilshire Boulevard, the maximum height shall be six stories, seventy-six feet, and the FAR for commercial square footage shall not exceed 2.5. For such projects, no more than twenty percent of the second floors shall be devoted to retail uses, and the fifth and sixth floors shall be devoted entirely to residential uses. The top floor may contain a restaurant provided the same amount of square footage occupied by the restaurant is provided in residential square footage on the second, third or fourth floors. There shall be no limitation on the number of stories of any hotel, or structyre containing at least one floor of residential uses, so long as the height does not exceed the maximum number of feet permitted in this Section. (Prior code§ 90 19.6; amended by Ord. No. 1476CCS, adopted 4/25/89; amended by Ord. No. 1687CCS § 5 (part), adopted 6/22/93; Ord. No. 1841CCS§ 2, adopted 2/13/96) 9.04.08.20.065 Deed restrictions. Prior to issuance of a building pennit for a project which, pursuant to this Part, has received a density or height bonus, or was not subject to a development review permit because the calculation of the residential square footage of the project w~s reduced by fifty percent, the applicant shall submit, for City review and approval, deed restrictions or other legal instruments setting forth the obligation of the applicant to maintain the residential use of the project for the life of the project. (Added by Ord. No. 1828CCS § 4, adopted 11/7/95; amended by Ord. No. 1927CCS § 11, adopted -11/10/98) 9.04.08.20.070 Special project design and development standards. (a) The entries to ground floor commercial spaces shall be at the same grade as the adjacent public sidewalk. The finished floor level of the ground floor commercial spaces shall be no more than six inches below the average grade of the adjacent sidewalk or twelve inches above the average grade of the adjacent sidewalk. (b) The ground floor level floor-to-floor height shall be a minimum of :fjfteen feet within the front fifty feet of the building. Affordable housing projects as defined in Section 9.04.02.030.025 shall not be subject to this subsection. (c) The P Ianning Commission, or the Architectural Review Board in the absence ofPlanning Commission review, may modify the requirements of subsections (a) and (b) ofthis Section if the following findings of fact can be made in an affirmative manner: (Santa Monica Supp. No. 61, 8-09}
9 .04.08.20.070 Santa Monica Municipal Code (I) That the strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Chapter or that there are exceptional circumstances or conditions applicable to the proposed development that do not apply generally to other developments covered by this Chapter; and (2) That the granting of an exception would not adversely affect surrounding properties or be detrimental to the district's pedestrian-oriented environment. (d) For new buildings or additions to existing buildings that are adjacent to buildings that are considered historic resources, all portions ofthe new building or addition within a five-foot vertical distance from the cornice of the adjacent historic resource shall be stepped back ten feet from the adjacent side property line and the adjacent side wall shall be designed with the same level of finish and detailing as the front fayade of the new construction. The Planning Commission, or Architectural Review Board in the absence of Planning Commission review, may modify this requirement if the following findings of fact can be made in an affinnative manner: (l) The proposed modification enhances the compatibility between the new· construction and the historic resource; and (2) The proposed modification complies with the Secretary of Interior's Standards for the Rehabilitation of Historic Structures. (e) Ground floor street frontage of each structure shall be designed with pedestrian orientation in accordance with Section 9.04.1 0.02.440 of this Chapter and designed to accommodate pedestrian-oriented uses to a minimum depth of fifty feet from the front of the structufe. · (f) Subject to the review and approval of the Architectural Review Board, a landscaped area of twenty-five square feet per fifty feet of parcel street frontage shall be provided and incorporated into the pedestrian-oriented design elements required pursuant to Section 9.04.1 0.02.440. The required area may be provided in any configuration except that landscaping shall be required in front ofblank walls along the building's streetfront. Landscaping located in front of storefront windows shall be low-growing species that, at maturity, do not exceed the height of the adjacent storefront window sill. The Architectural Review Board may modify this landscaping requirement if the following finding of fact can be made in an affirmative manner: (I) That the strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Chapter or that there are exceptional circumstances or conditions·applicable to the proposed development that do not apply generally to other developments covered by this Chapter; and (2) That the granting of an exception would not adversely affect surroundingproperties.or be detrimental to the district's pedestrian-oriented environment. (g) A development review pennit is required for any new development of more than seven thousand five hundred square feet of floor area and for any development with rooftop (Santa Monica Supp. No, 6!, 8-09) 436-2 parking, except the following projects shall be subject to a developrhent review permit if in excess of thirty-thousand square feet: (1) Projects that contain a minimum of eighty percent of floor area devoted to multi-family residential use provided that at least twenty percent of the housing units are deed-restricted or restricted by an agreement approved by the City for occupancy by households with incomes of sixty percent of median income or less or at least ten percent of the housing units are deed-restricted or restricted by an agreement approved by the City for occupancy by households with incomes of fifty percent of median income or less. The required percentage of affordable housing units shaii no't apply to any State density bonus units provided in the project. (2) Affordable housing projects in which one hundred percent of the housing units are deed-restricted or restricted by an agreement approved by the City for occupancy by households with incomes of eighty percent of median income or less. (3) The requirements of subsection (g)( I) may also bernet through the provision of off-site affordable housing units subject to the following provisions: (A) The number of off-site affordable housing units provided by the project shall be at least twenty-five percent greater than the number of on-site units that would have been provided by the project to meet the requirements of subsection (g)( I) ofthis Section. (B) The off-site affordable housing units shall be developed in accordance with the requirements of subsections (b) through (g) of Section 9.56.060 of this Code, (C) The off-site affordable housing units shall be located in an affordable housing project in which one hundred percent of the housing units are deed-restricted or restricted by an agreement approved by the City in accordance with the following affordability levels: (i) At least fifty percent of the housing units in the affordable housing project shall be affordable to low (sixty perceilt of median income) or very low (fifty percent of median income) income households; and (ii) The remaining housing units in the affordable housing project shall be affordable to moderate (one hundred percent of median income), low or very low income households. (D) The affordable housing project shall be developed to the maximum allowable floor area for the zone in which the project is developed consistent with the City's architectural design standards. Square footage devoted to residential uses shall be reduced by fifty percent when calculating whether a development review permit is required. (Prior code§ 9019.7; amended by Ord. No. 1687CCS § 5 (part), adopted 6/22/93; Ord. No. 1893 § 8, adopted 1/13/98; Ord. No. 1927CCS § 12, adopted ll/10/98; Ord. No. 2187CCS § 7, adopted 5/25/06) 9.04.08.20.080 Architectural review. All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Article.
Santa Monica Municipal Code (Prior code§ 9019.8; amended by Ord. No. !687CCS § 5 (part), adopted 6/22/93) 436-3 9.04.08.20.080 (Santa Monica Supp. No. 61, 8-09)
Santa Monica Municipal Code 9.04.08.22.010 Part 9.04.08.22 C4 Highway Commerci~l District 9.04.08.22.010 Purpose. The C4 District is intended to provide for the future orderly development of the major highway commercial corridors in the City. The C4 District is intended to encourage service commercial businesses, auto sales and service dealerships, and other similar uses that serve regional, community, and local needs, while respecting adjacent residential neighborhoods and established neighborhood commercial areas, consistent with the goals, objectives, and policies of the General Plan. (Prior code§ 9020.1; amended by Ord. No. 1687CCS § 6 (part), adopted 6/22/93) 9.04.08.22.020 Permitted uses. The following uses shall be permitted in the C4 District, if conducted within an enclo~ed building, except where otherwise permitted: (a) Ambulance service. (b) Appliance repair shops. (c) Artist studios above the first floor. (d) Automatic ice dispensing machine which need not be in an enclosed building. (e) Bakeries. (f) Banks and savings and loan institutions. (g) Barber or beauty shops. (h) Bowling alleys. (i) Business colleges. Ul Child day care centers. (k) Cleaners. (1) Congregate housing. (m) Dance studios. (n) Domestic violence shelters. ( o) . Electrical shops. (p) Electric distribution substations. (q) Funeral parlors or mortuaries. (r) General offices. (s) General retail and specialized retail uses. (t) Homeless shelters with less than fitly-five beds. (u) Laundromats. (v) Medical, dental and optometrist clinics and . laboratories. (w) Medical equipment rentals. (x) Multifamily dwelling units. (y) Public parks and playgrounds. (z) Party equipment rentals. (aa) Photocopy shops. (bb) Places of worship. (cc) Plant retail stores. ( dd) Real estate offices. (ee) Restaurants of fitly seats or less. (ff) Senior group housing. (gg) Senior housing. (hh) Sidewalk cafes not more than two hundred square feet in area, subject to the limitations contained in Section 9.04.10.02.460. (ii) Sigu painting shops. Gil Single-family dwelling units. 437 (kk) Single-room occupancy housing. (II) Skating rinks. (mm) Tailors. (nn) Trade schools. ( oo) Transitional housing. (pp) Variety stores. (qq) 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 and are no more disruptive or disturbing than permitted uses. (rr) Other uses determined by the Zoning Administrator to be similar to those listed above and which are consistent and no more disruptive or disturbing than permitted Uses. (Prior code § 9020.2; amended by Ord. No. l687CCS § 6 (part), adopted 6/22/93; Ord. No. 2192CCS § 13, adopted 7/11/06) 9.04.08.22.030 Uses subject to performance standards permit. The following uses may be permitted in the C4 District subject to the approval of a performance standards permit: (a) Automobile rental agencies. (b) Expansion of existing automobile dealerships of up to ten perqent, but not exceeding an additional five thousand square feet. (c) Service stations. (d) Sidewalk cafes that exceed two hundred square feet in area. (Prior code§ 9020.3; amended by Ord. No. 1687CCS § 6 (part), adopted 6/22/93: Ord. No. 1732CCS § I, adopted 3/8/94; Ord. No. 2192CCS § 14, adopted 7/11/06) 9.04.08.22.035 Uses subject to a use permit. (a) Outdoor newsstands. (Added by Ord. No. 1690CCS § 6, adopted 7/23/93) 9.04.08.22.040 Conditionally permitted uses. The following uses maybe permitted in the C4 District-. subject to the approval of a conditional use permit: (a) Auditorium. (b) Automobile dealerships, or expansion of existing automobile dealerships indoor or outdoor area by mor~ than ten percent, or more than five thousand square feet, whichever is less. (c) Automobile parking lots and structures. (d) Automobile repair facilities. (e) Automobile washing facilities. (f) Billiard parlors. (g) Clubs and lodges. (h) Drive-in, drive-through, take-out and fast-food restaurants. (i) Exercise facilities. Ul Homeless shelters with fifty-five beds or more. (k) Hotels and motels. (1) Liquor stores. (m) Nightclubs. (n) Open air farmers markets. ( o) Restaurants over fitly seats. (Santa Monica Supp. No. 52, 2-07)
9.04.08.22.040 Santa Monica Municipal Code (p) Self service storage warehouses. (Prior code§ 9020.4; amended by Ord. No. l687CCS § 6 (part), adopted 6/22/93; Ord. No. 1732CCS § 2, adopted 3/8/94; Ord. No. l803CCS § I, adopted 5/23/95; Ord. No. 1895 § 4, adopted 1/27/98) 9.04.08.22.050 Prohibited uses. (a) Cinemas. (b) Firearms dealerships. (c) Rooftop parking on parcels directly abutting, or separated by an alley from, a residential district. (d) Any use not specifically authorized. (Prior code § 9020.5; amended by Ord. No. 1687CCS § 6 (part), adopted 6/22/93; Ord. No. l852CCS § 13, adopted 6/11196) 9.04.08.22.060 Property development standards. There shall be no limitation on the number of stories of any hotel, detached parking structure, or structure containing at least one floor of residential use, so long as the height does not exceed the maximum number of feet permitted in this Section. All property in the C4 District shall be developed in accordance with the following standards: (a) Maximum Height and Floor Area Ratio. (1) For parcels in the C4 District fronting on Lincoln Boulevard south of the Santa Monica Freeway, Pica Boulevard between Ocean Avenue and 4th Court, and Pica Boulevard between 7th Street and II th Street, and for permitted projects in areas defined in subdivisions (2), (3) and (4) of this subsection (a), maximum height shall be two stories, not to exceed thirty feet, and the floor area ratio shall be determined as follows: Parcel Square Footage 0-7,500 7,501-15,000 15,001-22,500 22,501 and up FAR 1.0 0.70 0.60 0.50 FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent of the Project is a Grocery Store LO 1.0 0.85 0.75 (2) For preferred permitted project developments* on parcels in the C4 District fronting on Broadway, Santa Monica Boulevard, and 14th Street between Pico Boulevard and the Santa Monica Freeway, the maximum height shan be two stories, not to exceed thirty feet, and the floor area ratio shan be determined as follows: (Santa Monica Supp. No. 52, 2-07) 438 Parcel Square Footage 0-7,500 7,501-15,000 15,001-22,500 22,501 and up FAR 1.5 1.0 0.90 0.80 FAR if at Least Thirty Percent of Project is Residential or Automobile Dealership with CUP, or if at Least Eighty Percent of the Project is a Grocery Store 1.5 1.5 1.3 1.15 (3) For preferred permitted project developments* on parcels in the C4 District fronting on Lincoln Boulevard north of the Santa Monica Freeway, the maximum height shall be three stories, not to exceed forty-five feet, and the floor area ratio shall be determined as follows: Parc"el Square Footage 0-7,500 7,501-15,000 15,001-22,500 22,501 and up FAR 1.5 1.0 0.90 0.80 FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent of the Project is a Grocery Store 1.5 1.5 1.3 1.15 (4) For preferred permitted project developments* on parcels in the C4 District fronting on Pico Boulevard between 21st Street and '31st Street, subject to Section 9.04.08.22.060(a)(5), the maximum height shall be two stories,-not to exceed thirty feet, and the floor area ratio shall be determined as follows: Parcel Square Footage 0-7,500 7,501-15,000 15,001---'22,500 22,501 and up FAR 1.5 1.0 0.90 0.80 FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty FAR with CUP Percent of the Pursuant to Project is a Section 9.04.08-Grocery Store .22.060(a)(5) 1.5 2.0 1.5 2.0 1.3 2.0 1.15 2.0 *Preferred permitted projects include: one hundred percent affordable housing projects; auto dealerships; projects that include the retention and preservation of a historic structure and comply with the Secretary oflnterior's Standards for the Treatment of Historic Struchlres; child day care centers;
Santa Monica Municipal Code 9.04.08.22.060 congregate housing; domestic violence shelters; homeless shelters with less than fifty-five beds; market rate apartment and condominium buildings where twenty-five percent of the residential units ilre three-bedroom or larger, sixty-six percent of the remaining residential units are two bedrooms or larger, and the project is registered with the USGBC to receive a LEED rating of silver or higher level; mixed use commercial-residential projects where at least ninety percent of the floor area at the second floor and above is dedicated toward residential uses, twenty-five percent of the residential units are three-bedroom or larger, sixty-six percent of the remaining residential units are two bedrooms or larger, and the project is. registered with the USGBC to receive a LEED rating of silver or higher level; places of worship; senior group housing; senior housing; funeral parlors; and transitional housing. (5) Subject to the approvalofa conditional use permit, a project on a City-owned parcel in the C4 District fronting on Pico Boulevard between 21st Street and 31st Street shall be permitted a FAR bonus and a height ofthree stories, forty-five feet, if the project contains a full service grocery store having at least five thousand square feet of gross floor area. (b) Minimum Lot Size. Seven thousand five hundred square feet. Each parcel shall contain a minimum depth of one hundred fifty feet and a minimum width of fifty feet except that parcels existing on the effective date of the ordinance codified in this Chapter shall not be subject to these requirements. (c) Front Yard Setback. Landscaping as required pursuant to the provisions of Part 9.04.10.04. (d) Rear Yard Setback. None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories x lot width) 50' The required rear yard may be used for parking or loading to within five feet ofthe rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than five feet or more than six feet in height is erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to perpendicularly cross the required rear yard provided the driveway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Part 9.04.10.04. (e) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories x lot width) 50' 439 The interior side yard may be used for parking or loading tO within five feet to the interior side property line provided the parking or loading does not extend above the first floor level and provided a wall not less than five feet or more than six feet in height is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for commercial purposes. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-foot setback from an interior side property line shall be required for portions of buildings that contain windows, doors, or other openings into the interior of the building. An interior side yard less than ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. (f) Development Review. Except for projects listed in Section 9.04.10.14.050, a development review permit is required for any development of more than seven thousand five hundred square feet of floor area and for any development with rooftop parking.· Square footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. (Prior code 9020.6; . amended by Ord. No. 1687CCS § 6 (part), adopted 6/22/93; Ord. No. 1774CCS § 3, adopted ll/15/94; Ord. No. 1927CCS § 13, adopted 11/10/98; Ord. No. 2102CCS § 4, adopted 12/16/03; Ord. No. 2207CCS § 8, adopted 10/3/06) 9.04.08.22.065 Deed restrictions. Prior to issuance of a building permit for a project which, pursuant to this Part, has received a density or height bonus, or was not subject to a development review permit because the calculation of the residential square footage of the project was reduced by fifty percent, the applicant shall submit, for City review and approval, deed restrictions or other legal instruments setting forth the obligation of the applicant to maintain the residential u_se of the project for the life of the project. (Added by Ord. No. 1828CCS § 5, adopted ll/7/95; amended by Ord. No. 1927CCS § 14, adopted 11110/98) 9.04.08.22.070 Architectural review. All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Article. (Prior code § 9020.7; amended by Ord. No. 1687CCS § 6 (part), adopted 6/22/93) 9.04.08.22.080 Special project design and development standards. Projects in the C4 District shall comply with the following special project design and development standards: Ground floor street frontage of each structure shall be designed with pedestrian orientation in accordance with Section 9.04.10.02.440 of this Chapter. (Added by Ord. No. 1893CCS § 9, adopted l/13/98) (Santa Monica Supp. No. 53, 5·07)
9.04.08.24.010 Santa Monica Municipal Code Part 9.04.08.24 CS Special Office Commercial District 9.04.08.24.010 Purpose. The C5 District is intended to provide for the development of office and advanced technology uses, scientific research, and administration, and for limited manufacturing of related products which require large expanses of floor area on large parcels. Development intensity is intended to encourage the construction of office uses and other uses within a campus-like environment that will be compatible with abutting residential neighborhoods, especially in terms of scale and building mass. Within the C5 District it is the goal of the City to preserve and protect existing rights-of-way for future transit opportunities. (Prior code § 9021.1; amended by Ord. No. l687CCS § 7 (part), adopted 6/22/93) 9.04.08.24.020 Permitted uses. The following uses shall be permitted in the C5 District, if conducted within an enclosed building, eXcept where otherwise permitted: (a) Affordable rental housing projects of not more than fifty units. (b) Artist studios. (c) Child day care centers. (d) Congregate housing. (e) Domestic violence shelters. (f) General offices. (g) Homeless shelters with less than fifty-five beds. (h) Laboratories and facilities for scientific research development and testings. (i) Light manufacturing. UJ Medical, dental and optometrist clinics and laboratories. (k) Nonacute, inpatient health care facilities. (1) Places of worship. (m) Production of experimental products, and the manufacturing of such products as may be necessary to the development of production or operating systems where such systems are to be installed and operated at another location. (n) Public or private schools existing prior to adoption of this Chapter. (o) Public utility service centers and service yards. (p) Single-room occupancy housing. ( q) Trailer courts or mobilehome parks existing prior to adoption of this Chapter. (r) Transitional housing. ( s) 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 and no more disruptive or disturbing than permitted uses. · ( t) Other uses determined by the Zoning Administrator to be similar to those listed below which are consistent and no more disruptive or disturbing than permitted uses. (Prior code § 9021.2; amended by Ord. No. 1687CCS § 7 (part), adopted 6/22/93; Ord. No. 2217CCS § 3, adopted 1/23/07) {Santa Monica Supp. No. 53, 5-07) 440 9.04.08.24.030 Uses subject to performance standards permit. (a) Automobile rental agencies. (b) Service stations. (Prior code § 9021.3; amended by Ord. No. l687CCS § 7 (part), adopted 6/22/93) 9.04.08.24.040 Conditionally permitted uses. The following uses may be permitted in the C5 District subject to the approval of a Conditional Use Permit: (a) Art galleries. (b) Automobile dealerships. (c) Dwelling units in conjunction with live-in work studios. (d) Homeless shelters with fifty-five beds or more. (e) Multifamily dwelling units. (f) Senior group housing. (g) Senior housing. (h) No more than twenty-five percent of the total square footage of a development may be devoted to the following incidental businesses that provide goods and services to employees on the premises: (1) Banks and savings and loan institutions. (2) Business machine sales, display and service. (3) Drafting, .. blueprinting and reproduction services. (4) Health clubs and gymnasiums. (5) Medical appliance sales. (6) Office furniture and equipment"sales. (7) Pharmacies and drug stores. (8) Restaurants. (9) Retail to serve primarily employees working and visitors to businesses on the premises. (I 0) Travel and employment offices. (i) New industrial and manufacturing uses or expansion of exist_ing industrial and manufacturing uses condu_cted within an enclosed building or an open enclosure screened from public view, provided they are compatible with office and advanced technological uses. Ul Public or private schools. (k) Public storage facilities, mini-warehouses. (I) Service stations. (m) Any use of a transportation right-of-way for other than transportation purposes. (n) Off-site hazardous waste facility. (Prior code § 9021.4; amended by Ord. No. l521CCS, adopted 5/8/90; Ord. No. 1687CCS § 7 (part), adopted 6/22/93) 9.04.08.24.050 Prohibited uses. (a) Cinemas. (b) Firearms dealerships. (c) Drive-in and drive-through restaurants. (d) Rooftop parking on parcels directly abutting, or separated by an alley from, a residential district. (e) Auy use not specifically authorized. (Prior code § 9021.5; amended by Ord. No. 1687CCS § 7 (part), adopted 6/22/93; Ord. No. 1852CCS § 16, adopted 6/11/96)
Santa Monica Municipal Code 9.04.08.24.060 9.04.08.24.060 Property development standards. All property in the C5 District shall be developed in accordance with the following standards: (a) Maximum Building Height. Three stories, not to exceed forty-five feet. There shall be no limitation on the number of stOries of any parking stnicture so long as the height does not exceed the number of feet permitted in this Section. (b) Maximum Floor Area Ratio. The maximum floor area ratio shall be determined as follows: Parcel Square Footage 0--22,500 22,50 l and up Far 1.0 0.75 (c) Minimum Lot Size. Fifteen thousand square feet. Each pan;:el shall contain a minimum depth of one hundred fifty feet and a minimum width of one hundred feet except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. (d) Front Yard Setback. Twenty feet minimum depth from any public right-of-way or the transportation right-of-way. (e) Rear Yard Setback. None, except: (1) Where rear parcel line abuts a residential district, a rear Y!ird equal to: 5' + (stories x lot width) 50' The required rear yard may be used for parking or loading within five feet of the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than five feet or more than. six feet in height is erected and maintained along the rear commercial line. Access driveways shall be permitted to perpendicularly cross the required rear yard provided the driveway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Part 9.04.10.04. (f) Side Yard Setbacl<. None, except: (1) Where 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 five feet to the interior side property ·line provided the parking or loading does not extend above the first floor level and provided a wall not less than five feet or more than six feet in height is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for commercial or manufacturing purposes. 440-l (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-foot setback from an interior property line shall be required for portions of buildings that contain windows, doors, or other openings into the interior of the building. An interior side yard less than ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. (g) Development Review. Except for projects listed in Section 9.04.10.14.050, development review permit is a required for any development of more than seven thousand five hundred square feet of floor area and any development with rooftop parking. Square footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. (Prior code § 9021.6; amended by Ord. No. 1687CCS § 7 (part), adopted 6/22/93; Ord. No. 2102CCS § 5, adopted 12/16/03) 9.04.08.24.070 Architectural review. All 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 9.32 of this Article. (Prior code § 9021.7; amended by Ord. No. 1687CCS § 7 (part), adopted 6/22/93) Part 9.04.08.26 C6 Boulevard Commercial District 9.04.08.26.010 Purpose. The C6 District is intended to accommodate a wide range of general retail, office, and financial uses serving regional, coin.munity, and local needs and to promote new development that is compatible with the scale and· character of adjacent residential neighborhoods, consistent with the goals, objectives, and policies of the General Plan. (Prior code § 9022.1; amended by Ord. No. l687CCS § 8 (part), adopted 6/22/93) 9.04.08.26.020 Permitted uses. The following convenience goods and service type uses shall be permitted in the C6 District, if conducted within an enclosed building, except where otherwise permitted: (a) Appliance repair shops. (b) Art g~lleries. (c) Artist studios above the first floor. (d) Automatic ice dispensing machines which need not be in an enclosed building. (e) Bakeries. (f) Banks and savings and loan institutions. (g) Barber or beauty shops. (h) Business colleges. (i) Child day care centers. UJ Cleaners. (k) Clubs and lodges. (1) Congregate housing. (m) Cultural facilities. (n) Dance studios. . (Santa Monica Supp. No. 53, 5·07)
9.04.08.26.020 Santa Monica Municipal Code ( o) Domestic violence shelters. (p) Electric distribution substations. (q) Enclosed storage facilities. (r) Exercise facilities, (s) Funeral parlors or mortuaries. (t) General offices. (u) General retail and specialized retail uses. (v) Homeless shelters with less than fifty-five beds. (w) Laundromats. (x) Medical, dental and optometrist clinics and laboratories. (y) Medical equipment rentals. (z) Multifamily dwelling units. (aa) Party equipment rentals. (bb) Places of worship. (cc) Photocopy shops. ( dd) Real estate offices. (ee) Restaurants. (ff) Senior group housing. (gg) Senior housing. • (hh) Sidewalk cafes not more than two hundred square feet in area, subject to the limitations contained in Section 9.04.10.02.460. (ii) Sign painting shops. ·Gil Single-family dwelling units. (kk) Single-room occupancy housing. (ll) Small appliance repair shops. (mm) Tailors. (nn) Theaters. ( oo) Trade schools. (pp) Transitional housing. ( qq) 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 and are no more disruptiye or disturbing than permitted uses. (rr) Other uses determined by the Zoning Administrator to be similar to those listed above and which are consistent and no more disruptive or disturbing than permitted uses. (Prior code § 9022.2; amended by Ord. No. l687CCS § 8 (part), adopted 6/22/93; Ord. No. 2193CCS § 15, adopted 7/11106) 9.04.08.26.030 Uses subject to performance standards permit. The following uses may be permitted in the C6 District subject to the approval of a performance standards permit: (a) Automobile rental agencies. · (b) Expansion of existing automobile dealerships indoor or outdoor area of up to_ ten percent, but not exceeding an additional five thousand square feet. (c) Sidewalk cafes that exceed two hundred square feet in area. (Prior code§ 9022.3; amended by Ord. No. 1687CCS § 8 (part), adopted 6/22/93; Ord. No. 1803CCS § 2 (part), adopted 5/23/95; Ord. No. 2192CCS § 16, adopted 7/11/06) 9.04.08.26.035 Uses subject to a use permit. (a) Outdoor newsstands. (Added by Ord. No. l690CCS § 7 (part), adopted 7/13/93) (Santa Monica Supp. No. 53, 5-07) 440-2 9.04.08.26.040 Conditionally permitted uses. The following uses may be permitted in the C6 District subject to the approval of a conditional use permit: (a) Automobile dealerships in existence on October.l, 1996, provided that such dealerships may not resume operations if converted to another use. (b) Expansion of existing automobile dealerships indoor or outdoor area by more than ten percent, or more than five thousand square feet, whichever is less. (c) Auditoriums. (d) Department stores over fifty thousand square feet. (e) Homeless shelters with fifty-five beds or more. (f) Hotelsand motels. (g) Nightclubs. (h) Service stations. (i) Take-out and fast-food restaurants. UJ Theaters. (Prior code § 9022.4; amended by Ord. No. l687CCS § 8 (part), adopted 6/22/93; Ord. No. 1803CCS § 2 (part), adopted 5/23/95; Ord. No. l896CCS § 1, adopted l/27/98) 9.04.08.26.050 Prohibited uses. (a) Cinemas. (b) Firearms dealerships. (c) Rooftop parking on parcels directly abutting, or separated by an alley from, a residential district. (d) Any use not specifically authorized. (Prior code § 9022.5; amended by Ord. No. 1687CCS § 8 (part), adopted 6/22/93; Ord. No. 1852CCS § 14, adopted 6/11/96) 9.04.08.26.060 Property development standards. All property in the C6 District shall be develope4 in accordance with the following standards: (a) Maximum Building Height. Three stories, not to exceed forty-five feet for Preferred Permitted projects*; for all others: two stories, not to exceed thirty feet. There shall be no limitation on the number of stories of any hotel, detached parking structure, or structure containing at least one floor of residential use, so long as the height does not exceed the maximum number of feet permitted in this Section. (b) Maximum Floor Area Ratio. The maximum floor area ratio shall be determined as follows: FAR if at Least Thirty Percent of ~roject is Residential, or if at Least FAR for FAR for all Eighty Percent Preferred Other of the Project is Parcel Square Permitted Permitted a Grocery Footage Projects* Projects Store 0-7,500 2.0 1.5 2.0 7,501-15,000 1.4 1.0 2.0 15,00[-22,500 1.2 0.90 1.75 22,501 and up 1.0 0.80 1.5
Santa Monica Municipal Code *Preferred permitted projects include: one hundred percent affordable housing projects; auto dealerships; projects that include the ret~ntion and preservation of a historic structure 440-2a 9.04.08.26.060 (Santa Monica Supp. No. 53, 5-07)
Santa Monica Municipal Code 9.04.08.26.060 and comply with the Secretary oflnterior's Standards for the Treatment of Historic Structures; child day care centers; congregate housing; domestic violence shelters; homeless shelters with less than fifty-five beds; market rate apartment and condominium buildings where twenty-five percent ofthe residential units are three-bedroom or larger, sixty-six percent of the remaining residential units are two bedrooms or larger, and the project is registered with the USGBC to receive a LEED rating of silver or higher level; mixed use commercial-residential projects where at least ninety percent.of the floor area at the second floor and above is dedicated toward residential uses, twenty-five percent of the residential units are three-bedroom or larger, sixty-six percent of the remaining residential units are two bedrooms or larger, and the project is registered with the USGBC to receive a LEED rating of silver or higher level; places of worship; senior group housing; senior housing; funeral parlors; and transitional housing. (c) Minimum Lot Size. Seven thousand five hundred square feet. Each parcel shall contain a minimum depth of one hundred fifty feet and a minimum width of fifty feet, except that parcels existing on the effective date of the ordinance codified in this Chapter shall not be subject to this requirement. (d) Front Yard Setback. Landscaping as required pursuant to the provision of Part 9.04.1 0.04. (e) Rear Yard Setback. None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories x lot width) 50' The required rear yard may be used for parking or loading to within five feet of the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than five feet or more than six feet in height is erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to cross perpendicularly the required rear yard provided the driveway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Part 9.04.10.04. (f) Side Yard Setback. None, except: (1) Where the 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 to within five feet to the interior side property line provided the parking or loading does not extend above the first floor level and provided a wall not less than five feet or more than six feet is erected and maintained along the side commercial parcel line. A required interior side ya·rd shall not be used for access or for commercial purposes. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-foot setback from an interior property line shall · be required for portions of buildings that contain windows, doors, or other openings into the interior of the building. An interior side yard less than ten feet shall be permitted if provisions ofthe Uniform Building Code related to fire-rated openings in side yards are satisfied. 440-3 (g) Development Review. Except for projects listed in Section 9.04.10.14.050, a development review permit is required for any development of more than seven thousand five hundred square feet of floor area and any development with rooftop parking. Square footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. (Prior code § 9022.6; amended by Ord. No. 1687CCS § 8 (part), adopted 6/22/93; Ord. No. 1774CCS § 4, adopted 11115/94; Ord. No. 1927CCS § 15; adopted 11/10/98; Ord. No. 2102CCS § 6, adopted 12116/03; Ord. No. 2207CCS § 9, adopted 10/3/06) 9.04.08.26.065 Deed restrictions. Prior to issuance of a building permit for a project which, pursuant to this Part, has received a density or height bonus, or ·was not subject to a development review pennit because the calculation of the residential square footage of the project was reduced by fifty percent, the applicant shall submit, for City review and approval, deed restrictions or other legal instruments setting forth the obligation of the applicant to maintain the residential use of the project for the life of the project. (Added by Ord. No. 1828CCS § 6, adopted 1117/95; amended by Ord. No. 1927CCS § 17, adopted 11/10/98) 9.04.08.26.070 Architectural review. All new construction, new additions to existing buildings; and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Article. (Prior code § 9022.7; amended by Ord. No. 1687CCS § 8 (part), adopted 6/22/93) 9.04.08.26.080 Special project design and development standards. Projects in the C6 District shal! comply with the follo'Ying special project design and development standards: Ground floor street frontage of each structure shall be· designed with pedestrian orientation in accordance with Section 9.04.10.02.440 of this Chapter. (Added by Ord. No. 1893CCS § 10, adopted 1113/98) Part 9.04.08.28 CM Main Street Commercial District 9.04.08.28.010 Purpose. The CM District is intended to protect a special, historic commercial district and adjoining residential neighborhood by recogt_lizing: (Santa Monica Supp. No. 52, 2-07)
9.04.08.28.0 10 Santa Monica Municipal Code (a) The Main Street Commercial District has historically accommodated a variety of uSes, including commercial and residential uses, which have provided daily necessities, places of employment, and leisure time opportunities for those living. in the surrounding community and the greater Santa Monica area, as well as for the area's large number of tourists. The Main Street Commercial District is established to provide mixed-use development to accommodate housing, retail, commercial, overnight visitor and service uses. (b) The Main Street Commercial District directly adjoins residential neighborhoods of high density but principally low to moderate scale. Further, as a coastal commercial area it also adjoins popular beach recreation areas which regularly generate a substantial transient influx. The Main Street Commercial District is established to encourage physical imprOvements oflow to moderate scale which will continue to be compatible with nearby commercial and residential uses and which will provide a balanced supply of goods and services consistent with the historical pattern. (Prior code § 9023.1; amended by Ord. No. 1645CCS § 1, adopted 9/22/92; Ord. No. 1884CCS § I (part), adopted 9/16/97) 9.04.08.28.020 Permitted uses. (a) Except for in those areas described in subsection (b), the following uses are pennitted in the "CM" Main Street Commercial District, if the use is a single use occupying less than seven thousand five hundred square feet, and is conducted within an enclosed building, the ground floor Main Street frontage of which does not exceed seventy-five linear feet, unless otherwise indicated: (1) Appliance repair shops. (2) Art galleries. (3) Artist studios. (4) Banks and savings and loan institutions. (5) Barber and beauty shops. (6) Bed and breakfast facilities provided that any dining facility shall be limited to use by registered guests only. Only two such facilities may be permitted in the district. (7) Child day care centers. (8) Congregate housing. (9) Domestic violence shelters. (1 0) Florists and plant nurseries. (II) Furniture upholsterer's shops. (12) General offices. (13) General retail uses. (14) Homeless shelters with less than fifry-five beds. (15) Laundrpmats, dry cleaners. (16) Libraries. (17) Medical, dental and optometrist facilities above the first floor provided the use does not exceed a maximum of three thousand square feet. (18) Multi-family dwelling units. (19) Print or publishing shops. (20) Restaurants with forty-nine or less seats. (21) Senior housing. · (22) Senior group housing. (23) Shoe repair stores. (24) Sidewalk cafes not more than two hundred square feet in area, subject to the limitations contained in Section 9.04.10.02.460. (25) Single family dwelling units. (26) Single room occupancy housing. (27) Tailors. (28) Theaters with seventy-five or less seats. (29) Transitional housing. (30) Wholesale stores where the public is invited. (b) On parcels with frontage on Second Street, and which abut residentially zoned property on at least one side yard, on that portion of the parcel located within seventy-five feet of Second Street, permitted uses are limited to: (!) All uses permitted in the OP-2 District. (2) Artist studios. (3) Child day care facility. (4) General office above the first floor, provided the use does not exceed four thousand square feet and all access is from Main Street. (5) General retail, including art gallery, provided the use does not exceed seven thousand five hundred square feet and all access is from Main Street. (6) Shoe repair shops, provided all access is from Main Street. (7) Theaters, provided the use does not exceed seven thousand five hundred square feet and seventy-five seats and all access is from Main Street. (Prior code§ 9023.2; amended by Ord. No. 1472CCS, adopted 3/28/89; Ord. No. !645CCS § 1, adopted 9/22/92; Ord. No. !750CCS § 12 (part), adopted 6/28/94; Ord. No. 1884CCS § I (part), adopted 9/16/97; Ord. No.2192CCS§ 17,adopted7/11/06) 9.04.08.28.030 Uses subject to performance standards permit. (a) Except for in those areas described in subsection (b), the fqllowing uses may be permitted in the CM District subject to the approval of a performance standards permit: ( 1) Sidewalk cafes that exceed two hundred square feetin area. (b) On parcels with frontage on Second Street, and which abut residentially zoned property on at least one side yard, on that portion of the parcel located within seventy-five feet of Second Street, uses permitted with a perfonnance standards permit are limited to: (1) . All uses permitted subject to a performance standards permit in the OP-2 District. (Prior code§ 9023.3; amended by Ord. No. 1645CCS § 1, adopted 9/22/92; Ord. No. 1750CCS § 12 (part), adopted 6/28/94; Ord. No. 1884CCS § 1 (part), adopted 9/16/97; Ord. No. 2!92CCS § 18, adopted 7/11/06) 9.04.08.28.035 Uses subject to a use permit. (a) Except for in those areas described in subsection (b), the following uses are permitted in the CM District subject to the approval of a use permit: · · (I) Outdoor newsstands. (b) On parcels with frontage on Second Street, and which abut residentially zoned property on at least one side yard, on (Santa Monica Supp. No. 52, 2·07) 440-4
Santa Monica Municipal Code 9.04.08.28.035 that portion of the parcel located within seventy-five feet of Second Street, uses permitted with a use permit are· limited to: (I) All uses permitted subject to a use permit in the OP-2 District. (Added by Ord. No. 1690CCS § 8, adopted 7/13/93; amended by Ord. No. l750CCS § 12 (part), adopted 6/28/94; Ord. No. 1884CCS § I (part), adopted 9/16/97) 9.04.08.28.040 Conditionally permitted uses. The following uses may permitted in the CM District subject to the approval of a conditional use permit: (a) Bars. (b) Billiard parlors. (c) Bowling alleys. (d) Business colleges. (e)· Catering businesses. (f) Dance studios. (g) Exercise facilities. (h) Fast-food and take-out establishments. (i) Homeless shelters with fifty-five or more beds. U) Medical, dental and optometrist facilities at the first floor or in excess of three thousand square feet. (k) Meeting rooms for charitable, youth and welfare organizations. (I) Museums. (m) Music conservatories and instruction facilities. (n) Open air farmers markets. (o) Places of worship. (p) Restaurants with fifty seats or more. (q) Existing restaurants that add a private dining facility pursuant to Section 9.04.08.28.070(m). (r) Retail stores with thirty percent or less of the total linear shelf display area devoted to alcoholic beverages. (s) Sign painting shops. (t) Theaters having more than seventy-five seats. (u) Trade schools. (v) Wine shops devoted exclusively to sales of wine. There shall be no limit on the total linear shelf display area. (w) Any otherwise permitted uses in the CM Main Street Commercial District which occupy more than seven thousand five hundred square feet of floor area. (x) Any othei"Wise permitted uses in the CM Main Street Commercial District the ground floor Main Street frontage of which exceeds seventy-five linear feet. (y) All uses other than specifically prohibited uses, that are determined by the Zoning Administrator to be similar and consistent with those uses specifically permitted, subject to performance standards, or conditionally permitted. (Prior code § 9023.4; amended by Ord. No. 1645CCS § I, adopted 9/22/92; Ord. No. 1750CCS § 12 (part), adopted 6/28/94; Ord. No. l884CCS §I (part), adopted 9/16/97; Ord. No.l895CCS § 2, adopted l/27/9.8; Ord. No. 2104CCS § l, adopted 12/16/03) 9.04.08.28.050 Prohibited uses. The following are specifically prohibited in the CM District: (a) Automobile service facilities. (b) Bars above the first floor. (c) Cinemas. (d) Drive-in or drive-through uses. (e) Firearms dealerships. (f) Game arcades. (g) Hotels. (h) Liquor stores other than those conditionally permitted. (i) Motels. (Prior code § 9023.5; amended by Ord. No. 1645CCS § 1, adopted 9/22/92; Ord. No. 1852CCS § 15, adopted 6/11/96; Ord. No. 1884CCS § 1 (part), adopted 9/16/97) 9.04.08.28.060 Property development standards. For purposes of property development standards, there shall be three zoning classifications within the CM district: CM-2, CM-3 and CM-4. All property in the CM District shall be developed in accordance with the following standards: (a) Maximum Building Height and FAR. Maximum building height, number of stories and floor area ratio shall be determined as follows: (l) For parcels with frontage on Second Street, and which abut residentially zoned property on at least one side yard, for that area within one hundred feet of Second Street maximum building height, number of stories, and floor area mtiO shall be: Max. Max. No. Max. Max. FAR if 30% of Height of Stories FAR the Project is Residential 27' 2 .8 1.0 (2) For all other parcels in the CM District, maximum building height, number of stories and floor area ratio shall be:· Max. Max. No. of Max. Height Stories FAR -CM-2 27' 2 .8 or 1.5 for preferred projects* CM-3 27' or 35' for 2, or3 for 1.5, or2.0 preferred preferred for preferred permitted permitted permitted projects* projects* projects* CM-4 27' or 35' for 2, or 3 for 1.5, or 2.0 preferred preferred for preferred permitted permitted permitted projects* projects* projects* *Prefeired pennitted projects include: one hundred percent affordable housing projects; projects that include the retention and preservation of a historic structure and comply with the Secretary oflnterior's Standards for the Treatment of Historic Structures; child day care centers; congregate housing; domestic violence shelters; homeless shelters with less than fifty-five ·beds; mixed use commercial-r~sidential projects 440-4a (Santa Monica Supp. No. 52, 2-07)
9.04.08.28.060 Santa Monica Municipal Code where at least ninety percent of the floor area at the second floor and above is dedicated toward residential uses, twenty-five percent of the residential units are three-bedroom or larger, sixty-six percent of the remaining residential units are two bedrooms or larger, and the project is registered with the USGBC to receive a LEED rating of silver or higher level; places of worship; senior group housing; senior housing; and transitional housing. (3) Notwithstanding the above, preferred permitted projects on property in the CM-4 District may be developed to a maximum height of forty-seven feet, four stories and a 2.5 FAR, provided the following conditions are mt:it: (i) The fourth floor does not exceed more than fifty percent of the third floor footprint; (ii) The fourth floor is set back h minimum of ten feet from the third floor street frontage(s); (iii) The fourth floor is set back a minimum of five feet from the third floor side and rear yard building frontages; (iv) The fourth floor setback at the street frontage is devoted to a roof garden or unenclosed terrace; (v) The development includes residential uses equal to or exceeding the floor area of the fourth floor; (vi) The front yard setback at the ground floor level is double that required pursuant to subsection (b) ofthis Section. ( 4) There shall be no limitation on the number of stories of any structure whose floor area contains fifty percent or more residential uses as long as the height does not exceed the maximum number of feet permitted in the zoning classific'ation of the CM District in which it is located, or as allowed by Section 9.04.10.14.030(a) of this Chapter. For purposes of calculating the FAR of any structure within the CM District, multi-residential units devoted strict~y to apartment residential uses ·shall. be computed at one-half the actual total floor area. (b) Front Yard Setback. (I) For parcels with frontage on Second Street and which· abut residentially zoned property on at least one side yard, on that portion of the parcel iocated within seventy-five feet of Second Street, the front yard setback shall be twenty feet or fifteen feet if the average setback of adjacent dwelling(s) is fifteen feet or less. A one-story, covered or uncovered porch, open on three sides may encroach six feet into a front yard with a twenty-foot setback, if the roof does not exceed a height of fOurteen feet and the porch width does not eXceed forty percent of the building width at the front of the building. (2) For all other parcels in the CM District, a front yard shall be provided in accordance with Part 9.04.10.04 of this Code. (c) Rear Yard Setback. A rear yard shall be provided and maintained. Such yard shall have a minimum depth as follows: (I) CM-2 District, East of the Centerline of Main Street. No rear yard shall be required for one-story structures and for the first floor of a two-story structure, provided that any Portion of the first floor which is within five feet of the rear property line is not more than nine feet in height and is fully enclosed, i.e., without windows, doors or ventilation openings permitting visual access to adjoining residential property. Any portion of the first flOor that either exce"eds nine feet in height or is not fully enclosed shall be at least five feet from the rear property line. The minimum rear yard requirement for the second-story portion of a two-story structure shall be twenty feet. (i) Use of Rear Yard. Commercial use in the required rear yard is not permitted. Noncommercial uses &nd parking are permitted in the rear yard to the rear property line on the ground level. (ii) Use of.Roofin Rear Yard. No portion of the first-floor roof within fifteen feet of the rear property line may be used for any purpose other than access for building maintenance and repair. The remaining setback area may be privately used (not open to the public) if enclosed with a solid six-foot barrier. (iii) Exception. There shall be no rear yard setbacks required where existing parking improvements and common ownership extend through to Second Street. · (2) CM-2 District, West of the Centerline of Main Street. No rear yard shall be required for a one-story structure, provided that any portion of the first-floor structure which is within five feet of the rear property line does not exce~d nine feet in height. Any portion of the first floor that exceeds nine feet in height shall be at least five feet from the rear. property line. The minimum rear yard requirement for the second story of a two-story structure shall be five feet. (3) CM-3 District. Rear yard requirements in the CM-3 District shall be the same as those required in the CM-2 District, west of the centerline of Main Street, for one and two story structures. A minimum fifteen-foot rear yard setback for any portion of a third story is required. (4) CM-4 District. No rear yard setback is required except !iS may be required in subsection (a) 6f this Section. (d) Side Yard Setback. None, except where the interior side parcel line abuts· a residential district. In those cases, an interior side yard shall be provided equal to: 5' + (stories x lot width) 50' On lots ofless than fifty feet in width, the side yard shall be ten percent of the parcel width but not less than five feet. (e) Development Review. Except for projects listed in Section 9.04.10.14.050, a development review permit is required for any development of more than seven thousand five hundred square feet of floor area. Square footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. (f) For parcels in the CM-2 District. Parcels shall not be consolidated nor shall lots be tied if such consolidation or lot tie results in a parcel that exceeds six thousand square feet in size. Any parcel existing on the effective date of Ordinance Number 2207 (CCS) shall not be subject to this requirement. (Prior code§ 9023.6; amended by Ord. No. 1645CCS § I, adopted 9/22/92; Ord. No. 1750CCS § 13, adopted 6/28/94; Ord. No. 1884CCS § I (part), adopted 9/16/97; Ord. No. 1927CCS § 17, adopted 11/10/98; Ord. No. 2102CCS § 7, adopted 12/16/03; Ord. No. 2207CCS § 6, adopted 10/3/06) (Santa Monica Supp. No. 52, 2-07) 440-4b
Santa Monica Municipal Code 9.04.08.28.065 9.04.08.28.065 Deed restrictions. Prior to issuance of a building penn it for a project which, pursuant to this Part, has received a density or height bonus, or was not subject to a development review pennit because the calculation of the residential square footage of the project was reduced by fifty percent, the applicant shall submit, for City review and approval, deed restrictions or other legal instruments setting forth the residential use requirements for the project. Such restrictions shall be effective for the life of the project the obligation of the applicant to maintain the residential use of the project for the life ofthe project. (Added by Ord. No. l828CCS § 7, adopted 1117/95; amended by Ord. No. 1884CCS § 1 (part), adopted 9/16/97; Ord. No. 1927CCS § 18, adopted ll/10/98) 9.04.08.28.070 Special project design and development standards. Projects in the CM District shall comply with the following special project design and development standards: (a) First-floor uses must be pedestrian-oriented uses except as provided in Section 9.04.10.02.111. (b) Restaurants and bars are limited to a total of two establishmentS per block unless otherwise specified in this Section. For pUrposes of this Section, an establishment may be a restaurant, a restaurant with a bar or a bar. A restaurant with a bar shall be considered one establishment. A block is defined as both sides of Main Street and the adjacent sides of adjoining slde streets. Portions ofMain Street to be designated "Block" for the purpose of this Section are: Block 1: South City Limits to Marine Street. Block 2: Marine Street to Pier Avenue. Block 3: Pier Avenue to Ashland A venue. Block 4: Ashland Avenue to Hill. Block 5: Hill to Ocean Park Boulevard. Block 6: Ocean Park Boulevard to Hollister Avenue (total of four restaurants and bars permitted in this block). Block 7: Hollister Avenue to Strand. Block 8: Strand to Pacific. Block 9: Pacific to Bicknell. Block 10: Bicknell to Bay. Block 11: Bay to Pi co Boulevard; (c) North of Ocean Park Boulevard restaurants shall be subject to the following requirements: ( 1) Only one restaurant on the east side of each block shall be permitted, (2) No more than two hundred seats per each block shall be permitted, except that no more than four hundred seats shall be permitted in Block 6; (d) On-sale alcohol outlets may not exceed twelve in number n 0 rth of Ocean Park Boulevard. Of the twelve total on-sale outlets, no more than five shall have on-sale general licenses; (e) Bars may not exceed four in number south of Ocean Park Boulevard, nor two in number north of Ocean Park Boulevard; (f) Existing uses and existing number of seats shall count toward the total number of bars and restaurants and seating requirements permitted within the district; (g) An existing use shall be considered no longer existing if that use is changed to another type of use or if for a period of six months, suCh use has not bee~ in regular operation. RegUlar operation shall be considered being open for business to the general public during such use' s customary business hours; (h) In structures housing mixed commercial and residential uses, parking above the first floor shall be allowed. (i) Side yard walls up to ten feet in height may be pennitted on parcels with frontage on Second Street and which abut residentially zoned property on at least one side yard on that portion of the parcel located within seventy-five feet of Second Street, subject to Zoning· Administrator approval. Ul For all parcels with frontage on Second Street and which abut residentially zoned property on at_ least one side yard, Pedestrian and vehicular access to all uses located within . seventy-five feet of Second Street shall be from Main Street, except for residential uses where access may be from Second Street. (k) For all parcels with frontage on Second Street, and which abut residentially zoned property on at least one side yard, on that portion of the parcel located within seventy-five feet of Second Street, new development sh3ll incorporate the following design elements: (l) A landscaped buffer not less than five feet wide shall be provided and maintained along the entire side yard adjacent to the residentially zn:ned property. Landscaping in this area shall include one tree per every five linear feet planted not less than five feet apart and not less than five feet in height when planted. (2) Any building courtyards or open public spaces shall incorporate landscaping and building materials designed to minimize potential noise impacts. (3) Building materials shall be nonreflective and shall complement materials utilized in the adjacent residential neighborhood. ( 4) Buildings shall be sited to minimize noise impacts in the adjacent residential neighborhood. (5) In lieu of the requirements in this subsection (k), the Architectural Review Board may approve other buffering plans, designs, and building materials that satisfy the intent of these requirements. (l) Notwithstanding any other provision of this Chapter, whenever a parcel in the CM3 Zoning District has street frontage on all four sides including Main Street, the following provisions shall apply: (1) The Main Street frontage shall be deemed to be the front yard for purposes of determining allowable uses and any 440-4c (Santa Monica Supp. No. 52, 2-07)
Santa Monica Municipal Code 9.04.08.28.035 that portion of the parcel located within seventy-five feet of Second Street, uses permitted with a use permit are limited to: (I) All uses permitted subject to a use permit in the OP-2 District. (Added by Ord. No. !690CCS § 8, adopted 7/13/93; amended by Ord. No. 1750CCS § 12 (part), adopted 6128/94; Ord. No. 1884CCS §I (part), adopted 9/16/97) 9.04.08.28.040 Conditionally permitted uses. The following uses may be permitted in the CM District subject to the approval of a conditional use permit: (a) Bars. (b) Billiard parlors. (c) Bowling alleys. (d) Business colleges. (e) Catering businesses. (f) Dance studios. (g) Exercise facilities. (h) Fast-food and take-out establishments. (i) Homeless shelters with fifty-five or more beds. U) Medical, dental and optometrist facilities at the first floor or in excess of three thousand square feet. (k) Meeting rooms for charitable, youth and welfare organizations. (!) Museums. (m) Music conservatories and instruction facilities. (n) Open air fanners markets, which may include the sale of merchandise by individuaf businesses located on Main Street that have valid business licenses. Such merchandise sales shall be representative of the items offered for sale within the individual business establishments and shall be incidental and subqrdinate to the open air farmers market use. Both the sale or provision of services, iricluding but not limited to, acupuncture, massage, manicure, hair coloring or haircuts and the sale of alcoholic beverages by the Main Street merchants shall be prohibited. ( o) Places of worship. (p) Restaurants with fifty seats or more. ( q) Existing restaurants that add a private dining facility pursuant to Section 9.04.08.28.070(m). (r) Retail stores with thirty percent or less of the total linear shelf display area devoted to alcoholic beverages. (s) Sign painting shops. (t) Theaters having more than seventy-five seats. (u) Trade schools. (v) Wine shops devoted exclusively to sales Of wine. There shall be no limit on the total linear shelf display area. (w) Except for affordable rental housing projects not more than fifty units, any otherwise permitted uses in the CM Main Street Commercial District which occupy more than seven thousand five hundred square feet of floor area. (x) Except for affordable rental housing projects not more than fifty units, any otherwise permitted uses in the CM Main Street Commercial District the ground floor Main Street frontage of which exceeds seventy-five linear feet. (y) All uses other than specifically prohibited uses, that are determined by the Zoning Administrator to be similar and consistent with those uses specifically permitted, subject to performance standards, or conditionally permitted. (Prior code 440-5 § 9023.4; amended by Ord. No. 1645CCS § I, adopted 9/22/92; Ord. No. 1750CCS § 12 (part), adopted 6/28/94; Ord. No. 1884CCS § I (part), adopted 9/16/97; Ord. No. 1895CCS § 2, adopted 1/27/98; Ord. No. 2104CCS § I, adopted 12116/03; Ord. No. 2217CCS § 2, adopted 1/23/07; Ord. No. 2263CCS § !, adopted 5/27/08) 9.04.08.28.050 Prohibited uses. The following are specifically prohibited in the CM District: (a) Automobile service facilities. (b) Bars above the first floor. (c) Cinemas. (d) Drive-in or drive-through uses. (e) Firearms dealerships. (f) Game arcades. (g) Hotels. (h) Liquor stores other than those conditionally permitted. (i) Motels. (Prior code § 9023.5; amended by Ord. No. 1645CCS § 1, adopted 9/22/92; Ord. No. 1852CCS § 15, adopted 6/11/96; Ord. No. 1884CCS § 1 (part), adopted 9/16/97) 9.04.08.28.060 Property development standards. For purpoSes of property development standards, there shall be three zoning classifications within the CM district: CM-2, CM-3 and CM-4. All property in the CM District shall be developed in accordance with the following standards: (a) Maximum Building Height and FAR. Maximum building height, number of stories and floor area ratio shall be determined as follows: (I) For parcels with frontage on Second Street, and which abut residentially zoned property on at least one side yard, for that area within one hundred feet of Second Street maximum building height, number of stories, and floor area ratio shall be: Max. Max. No. Max. Max. FAR if 30% of Height of Stories FAR the Project is Residential 27' 2 .8 1.0 (2) For all other parcels in the CM District, maximum building height, number of stories and floor area ratio shall be: Max. Max. No. of Max. Height Stories FAR CM-2 27' 2 .8 or 1.5 for preferred projects* CM-3 27' or 35 1 for 2, or 3 for 1.5, or 2.0 preferred preferred for preferred permitted permitted permitted projects* projects* projects* (Santa Monica Supp. No. 57, 8-08)
9.04.08.28.060 Santa Monica Municipal Code Max. Max. No. of Max. Height Stories FAR CM-4 27' or 3 5' for 2, or 3 for 1.5, or 2.0 preferred preferred for preferred permitted permitted permitted projects* projects* projects* *Preferred permitted projects include: one hundred percent affordable housing projects; projects that include the retention and preservation of a historic structure and comply with the Secretary of Interior's Standards for the Treatment of Historic Structures; child day care centers; congregate housing; domestic violence shelters; homeless shelters with less than fifty ~five beds; mixed use commercial-residential projects where at least ninety percent of the floor area at the second floor and above is dedicated toward residential uses, twenty-five percent ofthe residential units are three-bedroom or larger, sixty-six percent ofthe remaining residential units are two bedrooms or larger, and the project is registered with the USGBC to receive a LEED rating of silver or higher level; places of worship; senior group housing; senior housing; and transitional housing. (3) Notwithstanding the above, preferred permitted projects on property in the CM-4 District may be developed to a maximum height of forty-seven feet, four stories and a 2.5 FAR, provided the following conditions are met (i) The fourth floor does not exceed more than fifty percent of the third floor footprint; (ii) Th6 fourth floor is set back a minimum of ten feet from the third floor street frontage(s); (iii) The fourth floor is set back a minimum of five feet from the third floor side and rear yard building frontages; (iv) The fourth floor setback at the street frontage is devoted to a roof garden or unenclosed terrace; (v) The development includes residential uses equal to or exceeding the floor area of the fourth floor; (vi) The front yard setback at the ground floor level is double that required pursuant to subsection (b) of this Section. ( 4) There shall be no limitation on the number of stories of any structure whose floor area contains fifty percent or more residential uses as long as the height does not exceed the maximum nuinber of feet permitted in the zoning classification of the CM District in which it is located, or as allowed by Section 9.04.10.14.030(a) of this Chapter. For purposes of calculating the FAR of any structure within the CM District, multi-residential units devoted strictly to apartment residential uses shall be computed at one~half the actual total floor area. (b) Front Yard Setback. (1) For parcels with frontage on Second Street and which abut residentially zoned property on at least one side yard, on that portion of the parcel located within seventy-five feet of Second Street, the front yard setback shall be twenty feet or fifteen feet if the average setback of adjacent dwelling(s) is fifteen feet or less. A one-story, covered or unCovered porch, open on three sides may encroach six feet into a front yard with a twenty-foot setback, if the roof does not exceed a (Santa Monica Supp. No. 57, 8~08) height of fourteen feet and the porch width does not exceed forty percent of the building width at the front ofthe building. (2) For all other parcels in the CM Disttict, a front yard shall be provided in accordance with Part 9.04.10.04 of this Code. (c) Rear Yard Setback. A rear yard shall be provided and maintained. Such yard shall have a minimum depth as follows: (I) CM-2 District, East of the Centerline of Main Street. No rear yard shall be required for one-story structures and for the first floor of a two-story structure, provided that any portion of the first floor which is within five feet of the rear property line is not more than nine feet in height and is fully enclosed, i.e., without windows, doors or venti1ation openings permitting visual access to adjoining residential property. Any portion of the first floor that either exceeds nine feet in height or is not fully enclosed shall be at least five feet from the rear property line. The minimum rear yard requirement for the second-story portion of a two-story structure shall be twenty feet. (i) Use of Rear Yard. Commercial use in the required rear yard is not permitted. Noncommercial uses and parking are permi t~ed in the rear yard to the rear property line on the ground level. (ii) Use of Roofin Rear Yard. No portion of the first-floor roof within fifteen feet of the rear property line may be used for any purpose other than access for building maintenance and repair. The remaining setback area may be privately used (not open to the public) if enclosed with a solid six-foot barrier. (iii) Exception. There shall be no rear yard setbacks required where existing parking improvements and common ownership extend through to Second Street. (2) CM-2 District, West of the Centerline of Main Street. No rear yard shall be required for a one-story structure, provided that any portion of the first-floor structure which is within five feet of the rear property line does not exceed nine feet in height. Any portion of the first floor that exceeds nine feet in height shall be at least five feet from the rear property line. The minimum rear yard requirerrient for the second story of a two-story structure shall be five feet . (3) CM-3 District. Rear yard requirements in the CM-3 District shal1 be the same as those required in the CM-2 District, west of the centerline of Main Street, for one and two story structures. A minimum fifteen-foot rear yard setback for any portion of a third story is required. (4) CM-4 District. No rear yard setback is required except as may be required in subsection (a) of this Section. (d) Side Yard Setback. None, except where the interior side parcel line abuts a residential district. In those cases, an interior side yard shall be provided equal to: 440-6 5' + (stories x lot width) 50' On lots of less than fifty feet in width, the side yard shall be ten percent of the parcel width but not less than five feet.
Santa Monica Municipal Code (e) Development Review. Except for projects listed in Section 9.04.10.14.050, a development review permit is required for any development of more than seven thousand five hundred square feet of floor area. Square footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. (f) For parcels in the CM-2 District. Parcels shall not be consolidated nor shall lots be tied if such consolidation or lot tie results in a parcel that exceeds six thousand square feet in size. Any parcel existing on the effective date of Ordinance Number 2207 (CCS) shall not be subject to this requirement. (Prior code§ 9023.6; amended by Ord. No. 1645CCS § I, adopted 9/22/92; Ord. No. !750CCS § 13, adopted 6/28/94; Ord. No. 1884CCS § I (part), adopted 91!6/97; Ord. No. 1927CCS § 17, adopted 111!0/98; Ord. No. 2102CCS § 7, adopted 121!6/03; Ord. No. 2207CCS § 6, adopted 10/3/06) 440-6a 9.04.08.28.060 (Santa Monica Supp. No. 57, 8-08)
Santa Monica Municipal Code 9.04.08.28.065 9.04.08.28.065 Deed restrictions. Prior to issuance of a building permit for a project which, pursuant to this Part, has received a density or height bonus, or was not subject to a development review permit because the calculation of the residential square footage of the project was reduced by fifty percent, the applicant shall submit, for City review and approval, deed restrictions or other legal instruments setting forth the residential use requirements for · the project. Such restrictions shall be effective for the life of the project the obligation of the applicant to maintain the residential use ofthe project for the life ofthe project. (Added by Ord. No. 1828CCS § 7, adopted 11/7/95; amended by Ord. No. l884CCS §I (part), adopted 9/16/97; Ord. No. 1927CCS § 18, adopted ll/10/98) 9.04.08.28.070 Special project design and development standards. Projects in the CM District shall comply with the following special project design and development standards: (a) First-floor uses must be pedestrian-oriented uses except as provided in Section 9.04.10.02.111. (b) Restaurants and bars are limited to a total of two establishments per block unless otherwise specified in this Section. For purposes of this Section, an establishment may be a restaurant, a restaurant with a bar or a bar. A restaurant with a bar shall be considered one establishment. A block is defined as both sides of Main Street and the adjacent sides of adjoining side streets. Portions ofMain Street to be designated "Block" for the purpose ofthis Section are: Block I: South City Limits to Marine Street. Block 2: Marine Street to Pier Avenue. Block 3: Pier Avenue to Ashland Avenue. Block 4: Ashland Avenue to Hill. Block 5: Hill to Ocean Park Boulevard. Block 6: Ocean Park Boulevard to Hollister Avenue (total of four restaurants and bars permitted in this block). Block 7: Hollister Avenue to Strand. Block 8: Strand to Pacific. Block 9: Pacific to Bicknell. Block 10: Bicknell to Bay. Block II: Bay to Pico Boulevard; (c) North of Ocean Park Boulevard restaurants shall be subject to the following requirements: (I) Only one restaurant on the east side of each block shall be permitted, (2) No more than two hundred seats per each block shall be permitted, except that no more than four hundred seats shall be permitted in Block 6; (d) On-sale alcohol outlets may not exceed twelve in number north of Ocean Park Boulevard. Of the twelve total on-sale outlets, no more than five shall have on-sale general licenses; (e) Bars may not exceed four in number south of Ocean Park Boulevard, nor two in number north of Ocean Park Boulevard; (f) Existing uses and existing number of seats shall count toward the total number of bars and restaurants and seating requirements permitted within the district; (g) An existing use shall be considered no longer existing if that use is changed to another type of use or iffor a period of six months, such use has not been in regular operation. Regular operation shall be considered being open for business to the general public during sUch use' s customary business hours; (h) In structures housing mixed commercial and residential uses, parking above the first floor shall be allowed. (i) Side yard walls up to ten feet in height may be permitted on parcels with frontage on Second Street and ·which abut residentially zoned property on at least one side yard on that portion of the parcel located within seventy-five feet of Second Street, subject to Zoning Administrator approval. G) For all parcels with frontage on Second Street and which abut residentially zoned property on at least one side yard, pedestrian and vehicular access tO all uses located within seventy-five feet of Second Street shall be from Main Street, except for residential uses where access may be from Second Street. (k) For all parcels with frontage on Second Street, and which abut residentially zoned property on at least one side yard, on that portion of the parcel located within seventy-five feet of Second Street, new development shall incorporate the following design elements: (I) A landscaped buffer not less than five feet wide shall be provided and maintained along the entire side yard adjacent to the residentially zoned property. Landscaping in this area shall include one tree per every five linear feet planted not less than five feet apart and not less than five feet in height when planted. (2) Any building courtyards or open public spaces shall incorporate landscaping and building materials designed to minimize potential noise impacts. (3) Building materials shall be nonreflective and shall complement materials utilized in the adjacent residential neighborhood. 440-7 ( 4) Buildings shall be sited to minimize noise impacts in the adjacent residential neighborhood. (5) In lieu of the requirements in this subsection (k), the Architectural Review Board may approve other buffering plans, designs, and building materials that satisfy the intent of these requirements. (!) Notwithstanding any other provision of this Chapter, whenever a parcel in the CM3 Zoning District has street frontage on all four sides including Main Street, the following provisions shall apply: (I) The Main S.treet frontage shall be deemed to be the front yard for purposes of determining allowable uses and any proposed ground floor residential uses shall be located at least fifty feet from the Main Street parcel line. (2) All street frontage shall be treated as front yards for purposes of determining the mandatory setback requirements, and accordingly, any project shall be required to comply with the building volume envelope requirements of Section 9.04.10.02.040 with respect to all street frontage. (m) Subject to a conditional use permit, restaurants in existence as of December 9, 2003 may add a private dining (Santa Monica Supp. No, 53, 5-07)
9.04.08.28.070 Santa Monica Municipal Code facility. Any such conditional use penni! shall encompass both the existing restaurant and the private dining facility. A private dining facility is a facility that meets all of the following criteria: (a) one or more· rooms operated in conjunction with a restaurant on the same or adjacent parcel; (b) meal service is provided at all times the facility is open; (c) no more than three patron groups occupy the facility at one time; (d) service is only available by appointment or reservation; (e) alcohol may be served if a conditional use. permit is obtained pursuant to Part 9.04.10.18. Notwithstanding the granting of a conditional use permit, an existing restaurant which exceeds the limitations of Section 9.04.08.28.070(b) shall remain a legal non conforming use subject to Section 9.04.18.030, except the addition of a private dining fucility shall be considered a permissible expansion and intensification of the restaurant, notwithstanding Sections 9.04.18.030(d) and 9.04.18.030(e). As a nonconforming use the restaurant shall be permitted to continue only so long as the basic operational features of the use and its impact on the neighborhood are not altered. (Prior code§ 9023.7; amended by Ord. No. 1645CCS § 1, adopted 9122192; Ord. No. 1884CCS § l (part), adopted 9/16/97; amended by Ord. No. 2038CCS § l, adopted3/5/02; Ord. No. 2l04CCS § 2, adopted 12/16/03) Part 9.04.08.30 CP Commercial Professional District · 9.04.08.30.010 Purpose. The CP District is intended to provide for the future orderly expansion of the City's hospitals and related health care facilities in order to meet the needs ofboth the community and region while protecting the integrity of the surrounding residential neighborh9ods in a manner consistent with the goals, objectives, and policies of the General.Plan. (Prior code § 9024.1) 9.04.08.30.020 Permitted uses. The following uses shall be permitted in the CP District, if conducted within an enclosed building, except where otherwise permitted: (a) Adult day care facilities. (b) Artist studios. (c) Barber or beauty shops. (d) Child day care centers. (e) Confectionary stores. (f) Congregate housing. (g) Convent, monasteries and other similar group living quarters. (h) Delicatessens. (i) Domestic violence shelters. U) Drugstores. (k) Florists. (l) Gift or souvenir shops. (m) Homeless shelters with less than fifty-five beds. (n) Hospitals. ( o) Ice cream shops. (p) Medical and dental clinics and laboratories. (q) Medical and general offices. (Santa Monica Supp. No. 53, 5-07) 440-8 (r) Medical supplies and services. (s) Multi-family dwelling units. (t) Offices and meeting rooms for charitable, youth, and welfare organizations. (u) Office supply stores. (v) Public parks and playgrounds. (w) Residential uses including residential uses at the ground floor. (x) Restaurants. (y) Rest homes. (z) Sanitariums. (aa) Schools. (bb) Senior housing. (cc) Senior group housing. ( dd) Sidewalk cafes not more than two hundred square feet in area, subject to the limitations contained in Section 9.04.10.02.460. (ee) Single family dwelling units. (ff) Single room occupancy housing. (gg) Stationery stores. (hh) Transitional housing. (ii) 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 and not more disturbing or disruptive than permitted uses. Uj) Other uses determined by the Zoning Administrator to be similar to those listed above and which are consistent and not more disturbing or disruptive than permitted uses. (Prior code § 9024.2; amended by Ord. No. l476CCS, adopted 4/25/89; Ord. No. l750CCS § 14 (part), adopted 6/28/94; Ord. No. 2l92CCS § 19, adopted 7/ll/06) 9.04.08.30.030 Uses subject to performance standards permit. The following uses may be permitted in the CP District subject to the approval of a performance standards permit: (a) Sidewalk cafes that exceed two hundred square feet in area. (Prior code§ 9024.3; amended by Ord. No. l750CCS § 14 (part), adopted 6/28/94; Ord. No. 2l92CCS § 20, adopted 7/ll/06) . 9.04.08.30.040 Conditionally permitted uses. The following uses may be permitted in the CP District subject to the approval of a conditional use permit: (a) Automobile parking lots and structures. (b) Banks and savings and loan institutions. (c) Clubs and lodges. (d) Credit agencies. (e) Credit unions. (f) Dance and exercise studios. (g) Funeral parlors and mortnaries. (h) Homeless shelters with fifty-five or more beds. ( i) Libraries. U) Places of worship. (Prior code§ 9024.4; amended by Ord. No. l750CCS § 14 (part), adopted 6/28/94)
Santa Monica Municipal Code 9.04.08.30.050 9.04.08.30.050 Prohibited uses. (a) Firearms dealerships. (b) Helicopter landing facilities. (c) Rooftop parking on parcels directly abutting, or separated by an alley from a residential district. (d) Any use not specifically authorized. (Prior code § 9024.5; Ord. No. !852CCS § 17, adopted 6111/96) 9.04.08.30.060 Property development standards. All property in the CP District shall be developed in acCordance with the following standards unless otherwise provided in the Hospital Area Specific Plan: (a) Maximum Building Height. Maximum building height, number of stories, and floor area ratio shall be determined as follows: Table 9.04.08.30.060 With Approval of a Development Review Permit Max. Max. No. Max. Max. Max. No. Max. Height of Stories FAR CP3 45' 3 CPS 45' 3 There shall be no limitation on the number of stories of any hotel, detached parking structure or Affordable Housing Project as long as the height does not exceed the maximum number of feet permitted in this Section or as ·allowed by Section 9.04.10.14.030(a) of this Chapter. (b) The main hospital campus of Saint John's Hospital and Health Center shall be divided into two parcels for purposes of calculating FAR. Parcel A-Lot 13, Block 3, Orchard Tract; Parcel B-Lots 4-29, Tract No. 4618 and Lots I, 2 and 3, Tract No. 7764. (c) Parking structures developed in the CP District in which at least half of the spaces are provided to address an existing parking space deficiency or are replaCing existing parking shall not be subject to FAR limitations, but shall be required to meet all other development standards for the area. (d) Minimum Lot Size. Seventy-five hundred square feet. Each parcel shall contain a minimum depth of one hundred fifty feet and a minimum width of fifty feet, except that parcels on the effective date of this Chapter shall not be subject to this requirement. (e) Front Yard Setback. As· shown on the Official Districting Map of the City, or, if no setback is specified, twenty feet. (f) Rear Yard Setback None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories x lot width) 50' The required rear yard may be used for parking or loading to within five feet of the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than five feet or more than six feet in height is erected and maintained along the rear commercial parct!line. Access driveways shall be permitted to cross perpendicularly the required rear yard provided the driveway does not exceed the minimum width permitted for 1.5 1.5 Height of Stories FAR 70' 5 2.5 the parking area. A required rear yard shall not be used for commercial purposes. (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Part 9 .04.10.04. (g) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior sid"e yard equal to: 5' + (stories x lot width) 50' The interior side yard may be used for parking or loading no closer than five feet to the interior side property line provided the parking or loading does not f:Xtend above the first floor level and provided a wall not less than five feet or more than six feet in height is erected and maintained along -the side commercial parcel line. A.required interior side yard-shall not be used for access or for commercial purposes. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-foot setback from an interior property line shall be required for portions of buildings ttlat contain windows, doors, or other openings into the interior of the building. An interior side yard less than ten feet shall be permitted if provisions of the Unifonn Building Code related to fire-rated openings in side yards are satisfied. (h) Development Review. Except for projects listed in Section 9.04.10.14.050, a development review permit is required for any development-of more than seven thousand five hundred square feet of floor area, for any development with rooftop parking, and to heights and floor area ratios in Section 9.04.08.30.060(a). Square footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. (i) All new commercial development in this District shall provide free employee parking and a minimum one hour free visitor parking unless a preferential parking zone exists or is 440-9 (Santa Monica Supp. No. 57, 8-08)
9.04.08.30.060 Santa Monica Municipal Code established in the ar~a of the development -and the City finds that the preferential parking district will adeqUately mitigate potential adverse on-street parking impacts · of the development, or-if otherwise provided in the Hospital Area Specific Plan. (Prior code § 9024.6; amended by Ord. No. !750CCS § 15, adopted 6/28/94; Ord. No. 1927CCS § 19, adopted 11/10/98; Ord. No. 2102CCS § 8, adopted 12/16/03) 9.04.08.30.065 Deed restrictions. Prior to issuance of a building pennit for a project which, pUrsuant to this Part, has received a density or height bonus, or was not subject to a development review permit because the calculation of the residential square footage ofthe project was redticed by . .fifty percent, the applicant shali submit_for City· review and approval, deed restrictions or other legar instruments setting forth the obligation of the applicant tO maintain the residential use of the project for the life of the project. (Added by Ord. No. 1927CCS § 20, adopted 1111 0/98) 9.04.08.30.070 Arc-hitectural review. . All construction, additions to existing b).li1dings, and any other exteri.or improvements that require issuance of ·a building permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Article. (Prior code§ 9024.7) 9.04.08.30.080 Non-eontbrming hospital building. Notwithstanding other Provisions of tlA.s Chapter, a hospital building currently used for in-patient overnight accommodations in the CP IJ:istrict which is non-conforming as to height and which is damaged or destroyed may be· restored to its existing non-conforming height. (Prior code § 9024.8) Part 9.04.08.32 CC Civic Center District 9.04.08.32.010 Purpo;e_ The CC District is intended to provide for the retention of the major Concentration of government and C!lltural facilities at the Santa Monica Civic Center and nonprof1t office and educational and rese3rch uSes. The CC District is designed. to allow for additional uses in the area, including expanded and . improVed government and cultural facilities; the expansion of the City's housing supply~ including a-significant percentage of affordable housing 'as part of a mixed~use, urban neighborhood; public recreational facilities; neighborhood and visitor serving retail and restaurantuses; and other compatible uses. The development intensity i$ intended to accommodate existing and future uses in the area consistent with the goals, objectives, and policies of the General Plari. (Prior code § 9025.1; amended by Ord. No. 22'62CCS § 2, adopted 5/27/08) 9.04.08.32.020 Permitted uses. The following uses sha11 be permitted in the CC District: (a) Convention and conference facilities. (b) Cultural facilities. (c) Homeless shelters. (d) Nonprofit office, eduCational and research facilities. (e) Public institutions. (f) Public open space, parks and playgrounds. (g) Public parking. (h) Transitional housing. (i) A mixed use housing project, including neighborhood market, restaurant, dry cleaning, small scale bank and other convenience services, drug store or other uses that provide residents or employees of the immediate area with access to basic goods and services within walking distance of their home or work. G) Other coffipatible pUblic uses. (k) On-premises, accessory uses for any of the above uses, including c<ifes, restaurants, and newsstands, which are primarily intended to serve visitors and users of the primary use. Ex~ept tOr the mixed use housing project, there shall be no direct access to any accessory use from the· exterior of a building or structure; access shall be permitted only through a foyer, court, lobby, patio, or other similar area. (Prior code § 9025.2; amended by Ord. No. 1750CCS § f6, adopted 6/28/94; Ord. No. 2262CCS § 3, adopted 5/27/08) 9.04.08.32.030 Uses subject-to performanCe standards permit. (a) None. (Prior code§ 9025.3) 9.04.08.32.040 Conditionally permitted uses, The following uses may be permitted in the CC District subject to the approval of a Conditional Use Permit (a) Uses which include public recreational and visitor-serving uses such as hotels and commercial re.creational uses. (b) Private offices. (c) Restaurants. (Prior code§ 9025.4) ·9.04.08.32.050 Prohibited uses. (a) AI)y use not specifically authorized. (Prior code § 9025.5) 9.04.08.32.060 Property development standards. All property in the CC District sha)l be developed in accordance with t4e standards within a specific plan adopted by the City Council. (Prior code § 9025.6) Part 9.04.08.34 Ml Industrial Conservation District 9.04.08.34.010 Purpose. The Ml District is intended to preserve existing industrial uses ~nd to provide a location for industrial uses for small businesses which are engaged in the design, developmeitt, . manufacturing, fabricating, testing, servicing or assembly of manufactured products and to preserve existing activities~ in order to maintain and enhance employment opportunities for ·workers with various skills and for the entry level segment of the Santa Monica work force. TheM 1 District is also designed to accommodate small visual and performing arts Studios and to provide for the continued use of existing trailer parks and the preserv.ation of existing schools. The Ml District is also ~Santa MoniCa Supp. No. 57, 8-08) 440-10
Santa Monica Municipal Code 9.04.08.34.010 intended to accoiDm.odate those general retail uses which do not serve community and neighborhood needs and are not compatible with other commercial land uses allowed. in commercial zoning districts elsewhere in the City. Allowable development intensity within this District is intended to be the lowest in tlie City among the coffimercial and industrial districts, consistent with the goals, objectives and policies of the General Plan. (Prior code§ 9030.1; amended by Ord. No. !687CCS § 9 (part), adopted 6/22/93; Ord. No. 1852CCS § 18, adopted 6111/96) 9.04.08.34.020 Permitted uses. The following uses shall be permitted in the Ml District, if conducted within an enclosed building, except where . otherwise permitted. (a) Administrative and executive offices which are accessory to a primarY permitted use on the same site and which do not exceed twenty-five percent of the gross floor area of said primary permitted use. (b) Affordable rental housing projects of not more than fifty units. (c) Artist studios and art galleries. (d) Automobile repair and automobile painting facilities except those abutting any residential district and use. (e) Congregate housing. (f) Domestic violence shelters. (g) Establishments engaged in the manufacturing, fabricating, assembly, testing, repair, servicing, and processing of the following: (1) Aircraft parts other than engines. (2) Apparel except leather and fur goods. (3) Audio products. (4) Awnings: metal, wood or canvas. (5) Bakery products. (6) Coated, plated and engraved metal. (7) Communication equipment. (8) Confectionery and related products. (9) Cut stone and stone products. (1 0) Diecut paper and paperboard, and cardboard. (11) Electric components and accessories. (12) Electric lighting and wiring equipment. (13) Fabricated textile products. (14) Furniture and fixtures. . ( 15) Glass products. (16) Jewelry, silverware, and plated ware. (17) Luggage. (18) Motor vehicles; parts, and accessories except when abutting residential uses. (19) Musical instruments and parts. (20) Office machines. (21) Paperboard containers and boxes. (22) Pens, pencils, and other office and artists' materials. (23) Perfumes) cosmetics, and other toilet preparations. (24) Pharmaceutical products. (25) Photographic and optical goods, watches and clocks. (26) Plumbing fixtures and heating apparatus. (27) Pottery and related products. (28) Professional, scientific and controlling instruments. (29) Toys, amusements, sporting and athletic goods. (30) Wooden containers. (h) Establishments engaged in the wholesale distribution of the following: (I) Dry goods and apparel. (2) Electrical goods. (3) Groceries and related products, except unpackaged or unprocessed poultiy and poultry products) fish and seafood, and fruit and vegetables. ( 4) Hardware, plumbing, heating equipment and supplies. (5) Machinery, equipment and supplies, except farm machinery and equipment. (6) Motor vehicles and automotive equipment. (7) Paper, paper products and kindred supplies. (8) Pharmaceutical products, chemicals and allied products. (i) Homeless shelters with less than fifty: five beds. G) Public or private schools existing prior to adoption of this Chapter. (k) Public utility substations. (I) ·Single-room occupancy housing. (m) Transitional housing. (n) Design studios and offices for architects. ( o) Accessory uses which are determined by the Zonihg Administrator to be necessary and customarily associated with, and appropriate, incidental and subordina:fe to, the principal permitted uses and which are consistent and not more disturbing or disruptive than permitted uses. (p) Other uses determined by the Zoning Administrator to be simi1ar to those listed above and which are consistent and llot more disturbing or disruptive than permitt~d uses. (q) Notwithstanding any of the above permitted uses, no use involving the manufacture, processing or treatment of products which by nature of the operation, are likely to be obnoxious or offensive by reason of emission of odor, dust, smoke, noxious gases, noise, vibration, glare, heat or other impacts or. ·haz<.trds by way of materials, process, product wastes or other methods shall be permitted unless mitigation measures are submitted and are acceptable to the Zoning Administrator. (r). Existing nonconforming office uses may expand by no more than one parcel with development review. (Prior code§· 9030.2; amended by Ord. No. ·1687CCS § 9 (part), adopted 6/22/93; Ord. No. 2217CCS § 4, adopted 1/23/07) 9.04.08.34.030 Uses subject to performance standards permit. (a) Accessory automobile rental agencies located within automobile repair or automobile painting facilities. (b) Shelters for the homeless. (Prior code § 9030.3; amended by Ord. No. 2074CCS §I, adopted 5-13-03) 9.04.08.34.040 Conditionally permitted uses. The following uses.may be p_ermitted in the Ml District subject to the approval of a conditional use permit: (a) Any use of the transportation right-of-way for other than transportation purposes. 440-11 (Santa Monica Supp. No. 65, 8-10)
9.04.08.34.040 Santa l'vlonica Municipal Code (b) Automobile repair and automobile painting facilities abutting any residential district or use. (c)· Automobile washing facilities. (d) Firearms dealerships. (e) Homeless shelters with fifty-five beds or more. (f) Live theaters. (g) Multi-family dwelling units. (h) New public or private schools or the expansion of existing schools. (i) Outdoor storage of fleet vehicles if such vehicles are directly related to the primary industrial or manufacturing · operation on the site. G) Parking and automobile storage lots and structures. (k) Places ofworship. (I) Retail sales of goods manufactured on the premises; provided, that the floor Space devoted to such use does not exceed ten percent of the gross floor area of the primary permitted use. (m) Self-storage or public mini-warehouses. (n) Senior group housing. ( o) Senior housing. (p) Service stations. (q) Warehouses. (r) Other uses that are determined by the Zoning Administrator to be similar to thoSe listed above. (Prior code § 9030.4; amended by Ord. No. 1687CCS § 9 (part), adopted 6/22/93; Ord. No. 1803CCS § 3, adopted S/23/9S; Ord. No. 18S2CCS § 19, adopted 6/11196) 9.04.08.34.050 Prohibited uses. (a) Rooftop parking on parcels directly abutting, or separated by an alley from, a residential district. (b) Any use not specifically authorized. (Prior code § 9030.5; amended by Ord. No. 1687CCS § 9 (part), adopted 6/22/93) 9.04.08.34.060 Property development standards. All property in the Ml District shall be developed in accordance with the following standards: (a) Maximum Building Height. Two stories and thirty feet or with approval of a development review permit for one hundred percent affordable artist studios only, three stories and forty-five feet. For recreational faCilities associated with pub1ic or private primary or secondary schools, two stories and forty-five feet. Existing solid waste transfer stations, material recovery facilities, and public utility service centers, or their improvement thereto, two stOries and forty-five feet. These existing public utility service c.enters, solid waste transfer stations, and material recovery facilities, or their improvement thereto, shall be exempt from the building volume envelope requirements set forth in Section 9.04.10.02.040. Within fifty feet of a residential district, no portion of any structure shall exceed the maximum permitted . height of the adjoining residentia1 district. There shall be no limitation on the nuinber of stories of any detached parking structure so long as the height does not exceed the· number of feet pennltted in this Section. (b) Maximum Floor Area Ratio. 1.0 or 1.5 for development of one hundred percent affordable artist studios with approval of a development review permit (c) Minimum Lot Size; Fifteen thousand square feet. Each parcel shall contain a minimum depth of one hundred fifty feet and a minimum width of one hundred feet, except that parcels existing on the effective date of the ordinance codified in this Chapter shall not be subject to this requirement. (d) Front Yard Setback. Landscaping as required pursuant to the provision of Part 9.04.10.04. (e) Rear Yard Setback. None, except: (1) Where the rear parcel line abuts a residential distric-t:, a rear yard equal to: S' +(stories x lot width) SO' The required rear yard may be used for parking or loading to within five· feet of the rearparcelline provided·the parking or loading does not extend above the first floor level and provided that a wall not less than five feet or more than six feet in height is erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to cross .perpendicularly the required rear yard provided the driveway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. (2) That needed to accommodate landscaping and screening for a rear Yard buffer required pursuant to . the provisions of Part 9.04. 10.04. (f) Side Yard Setback. None, except: (1) Where the interior side parcel line ·abuts a residential district, an interior side yard equal to: S' +(stories x lot width) SO' · The interior side yard may be used for parking or loading no closer than five feet to. the interior side property line provided the parki~g or loading does not extend above the first floor level and provided a wall not less than five feet or more than six feet is erected and maintained along the side commercial parcel line. A req¥ired interior side yard shall not be used for access or for commercial purposes. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.1 0.04. (3) A ten-foot setback from an interior property line shall be required. for portions of buildings that contain windows, doors or other openings into the interior of the building: An interior side yard less than ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are s·atisfied. (g) Development Review. Except for projects listed in Section 9.04.10.14.050, a development review permit is required for development of more than seven thousand five hundred square feet of floor area and any development with rooftop parking. Square footage devoted to residential use shall be reduced by fifty percent calculating whether a development review permit is reqUired. (Prior code§ 9030.6; amended by Ord. No. 1687CCS § 9 (part), adopted 6/22/93; (Santa Monica Supp. No. 65, 8-10) 440-12
Santa Monica Municipal Code 9.04.08.34.060 Ord. No. 1923CCS, adopted 9/22/98; Ord. No. 2102CCS § 9, adopted 12/16103; Ord. No. 2207CCS § 5, adopted 1013106; Ord. No. 2312CCS § 2, adopted 512611 0) 9.04.08.34.070 Arc-hitectural revieW. All new construction, new additions to existing building, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Article. (Prior code.§ 9030.7; amended by Drd. No. 1687CCS § 9 (part), adopted 6/22/93) Part 9.04.08.35 LMSD Light Manufacturing and Studio District 9.04.08.35.010 Purpose. The Light Manufacturing and Studio District is intended to preserve existing light industrial ·uses, provide a location for studio-related uses such as film and music production and post-production facilities uses, and provide opportunities for artist studio live/work residential development. The Light Manufachlring and Studio District is also designed to accommodate visual and performing arts studios and to provide for the preservation and expansion of existing schools. Allowable development intensity with this District is intended to be among the lowest in the City, consistent with the goals, objectives, and policies of the General Plan. (Added by Ord. No. 1800CCS § 1 (part), adopted 5/9/95) 9.04.08.35.020 Permitted uses. (a) The following primary uses shall be permitted if conducted within an enclosed building (except where otherwise permitted), provided any office space included therewith is directly related to, ancillary to, and supportive of the primary permitted use on the same site and does not exceed-fifty percent of the gross floor area of the primary use: (1) Artist studios and art galleries. (2) Automobile repair and autom?bile painting facilities except those within one hundr~d feet of a residential district. (3) Dance studios. ( 4). Congregate housing. (5) Domestic violence shelters. (6) Establishments engaged in research relating to) or the development, manufacturing, f3.bricating, assembly, testing, repair, servicing, or processing of, the following: (i) Aircraft parts other than engines. (ii) Apparel except leather and fur goods. (iii) Audio products. (iv) Metal, wood or canvas awnings. (v) Coated, plated, and engraved metal. (vi) Communication equipment. (vii) Cut stone and stone products. (viii) Diecut paper and paperboard, and cardboard. (ix) Electric components and accessories. (x) Electric lighting and wiring equipment. (xi) Fabricated textile products. (xii) Furniture and fixtures. (xiii) Glass products. (xiv) Jewelry, silverware, and plated ware. (xv) Luggage. (xvi) Musical instruments and parts. (xvii) Office machines. (xviii). Paperboard containers arid boxes. (xix) Pens, pencils, and other office and artists materials. (xx) Perfumes, cosmetics, and other toilet preparations. (xxi) Pharmaceutical products. (xxii) Photographic and optical goods, watches, and clocks. (xxiii) Plumbing fixtures and heating apparatus. (xxiv) Pottery and related products. (xxv) Professional, scientific, and controlling instruments. (xxvi) Toys, amusements, sporting and athletic goods. (xxvii) Wooden containers. (xxviii) Food products, except that no food consumption by the public or food take-out by the public shall be permitted. (xxix) Products which are determined by the ·Zoning Administrator to be similar to those listed above and which are consistent with, and not associated with more disturbance or disruption than, permitted products. . (7) Establishments engaged in the who.lesale distribution of the following: (i) Dry goods and apparel. (ii) Electrical goods. (iii) Groceries and related products) except unpackaged or unprocessed poultry and poultry products, fish and seafood, and fruit and vegetables. (iv) Hardware, plumbing, heating equipment and supplies. (v) Machinery, equipment, and supplies, except farm machinery and equipment. (vi) Motor vehicles and automotive equipment. (vii) Paper, paper products, and kindred supplies. (viii) Pharmaceutical products and allied products. (8) Hom~less shelters with less than fifty-five beds. (9) Photography studios. · (1 0) Public or private schools existing prior to September, . 1988. . . (11) Public utility service centers and service yards. (12) Public utility substations. (13) Self storage or public mini-warehouses. (14) Single-room occupancy housing. ( 15) Transitional housing. (16) Veterinary clinics. (17) Warehouses. (18) Uses which are determined ,by the Zoning Administrator to be similar to those listed above and which are consistent wi~, an~ not more disturbing or disruptive than, pennitted uses. (b) . The following primary uses shall be permitted if conducted Within an enclosed building (except where otherwise permitted) and may include.office space, so long as the office space is directly related, ancillary to, and supportive of the primary use located on the same site: ( 1) Broadcasting/communications, telecommunications facilities, and ancillary facilities customarily associated with and incidental to such production facilities, including, without limitation, facilities for broadcasting, transmitting, 440-13 (Santa Monica Supp. No. 65, 8-10)
9.04.08.35.020 Santa Monica Municipal Code distributing, recording, recelVmg, editing, and creating broadcast/communications and telecommunications. (2) Design studios and offices for architects. (3) Drafting, printing, blueprinting and reproduction services. (4) Laboratories and facilities formedical testing and sqientific research development and testing. (5) Publishing facilities. (6) Software and other computer-related production facilities. (7) Studios and offices for graphic designers. (8) On-site production facilities for advertising purposes. (9) Outdoor or enclosed entertainment-related facilities including, without limitation, movie studios and production facilities, distribution facilities, editing' facilities, catering facilities,. printing facilities, post-production facilities, set construction facilities, sound studios, special effects facilities and other entertainment-related production operations. (I 0) All uses customary or incidental to the production or distribution of motion pictures and other forms of audio/visual products, inclUding, but not limited to, education and entertainment films or tapes. (11) Uses which are determined by the Zoning Administrator to be similar to those listed above and which are consistent with, and not more disturbing or disruptive than, permitted uses. (c) General office uses existing as of June 26, 1993, and general office uses in buildings which were granted a planning permit specifically for general office uses between December I, 1992 and June 26, 1993 and which obtained a Certificate of Occupancy prior to the adoption of this Part, shall be permitted provided that such uses may not expand by more than ten percent in floor area. (d) Service stations shall be permitted provided that they are not located within one hundred feet of a residential district and they comply with Section 9.04.12.130 ofthis Code. (e) Restaurants with five hundred square feet of floor area or less shall be permitted. (Added by Ord. No. 1800CCS § I (part), adopted 5/9195) 9.04.08.35.025 Uses subject to performance standards permit. (8.) Accessory automobile rental agencies located within automobile repair or automObile painting facilities. (Added by Ord. No. 2074CCS § 2, adopted 5-13-03) 9.04.08.35.030 Conditionally permitted uses. The_ following uses may be permitted subject to the issuance of a Conditional Use Permit: (a) Automobile dealerships. ·(b) Automobile repair and automobile painting facilities, and expansion of existing facilities within one hundred feet of any residential district. (c) Child day care centers. (d) Health clubs and gymnasiums. (e) Homeless shelters with fifty-five beds or inore, (f) Outdoor storage of fleet vehicles if such vehicles are directly related to the primary industrial or manufach).I,i-qg operation on the site. (g) Parking and automobile storage lots and structures. (h) Places of worship. (i) Restaurants with over five hundred square feet of floor area. U) Reiail sales of goods manufactq.red on the premises, provided ·that the floor space devoted to such use does not exceed tWenty percellt of the gross floor area of the primary permitted. use or two thousand square feet, whichever is less. (k) Service stations within ope hundred feet of any residential district. (I) Theaters. (m) New public or private schools. (n) Any use of the transportation right-of-way for other than transportation purposes.· (o) Uses which are determined by the Zoning Administrator to be similar to those listed above and which are consistent with, and not more disturbing or disruptive than, conditionally permitted uses. (Added by Ord. No. 1800CCS § I (part), adopted, 5/9/95) 9.04.08.35.040 Prohibited uses. The following uses shall be prohibited: (a) Any use involving the manufacture, processing or treatment of products, which by ·nature of the operation is likely to be obnoxious or offensive, whether by reason of emi~sion of odoJ;", dust, smoke, noxious gases, noise, vibration, glare, or heat or by reason of other impacts or hazards relating to materials, process, product wastes or by other methods, shall be prohibited unless mitiga~ion measures are submitted and are acceptable to the Zoning Administrator. (b) Firearms dealerships. (c) New general office Uses. (d) -Rooftop pa_1'king' on parcels directly abutting, or separated by an alley from, a residential district. (e) Any use not specifically authorized as a permitted or conditionally permitted use. (Added by Ord. No. !800CCS § I (part); adopted 5/9/95; amended by Ord. No. 1852CCS § 20, adopted 6/11/96) 9.04.08.35.050' Property development standards. All property in the Light Manufacturing and Studio District shall be developed in accordance with the following standards: (a) Maximum Building Height. The maximum building height shall be two stories, not to exceed thirty feet, except: (I) The following projects may have a maximum height of four stories, forty-five feet: (A) Projects involving the expansion of public or private elementary and secondary schools (Grades K through 12) existing prior to September 8, 1988, (B) Entertainment-related facilities including sound stages, movie studios, editing facilities, post-production facilities, set construction facilities and spe:cial effects faciiities, (C) Theaters; (Santa Monica Supp. No. 6:5, 8-!0) 440-14 ... :;
Santa Monica Municipal Code 9.04.08.35.050 (2) Existing solid waste transfer stations, material recovery facilities, and public utility service centers, or their improvement thereto, ina)i have a maximum height of two stories, thirty-five feet. Such existing structures, or. their improvement thereto, shall be exempt from the building volume . envelope requirements set forth in Section 9.04.10.02.040; (3) There shall be no limitation on the number of stories of any detached parking structure so long as the height does not exceed the number of feet permitted in the dis.trict. (b) Maximum Floor Area Ratio. Maximum floor area ratio shall be 1.0, except the following projects may have a floor area ratio of 1.5: (1) Projects involving the expansion of public or private elementary and secondary schools (Grades K through 12) existing prior to September 8, 1988; (2) With approval ·of a development review permit, projects including artist studios, provided the additional .5 . floor area ratio is devoted to artist studio use, and the commercial square footage does not exceed 1.0 floor area ratio. (c)· Minimum Lot Size. The minimum lot size shall be fifteen thousand square feet, each lot shall contain a minimum depth of one hundred fifty feet and a minimum width of one hundred feet, except that lots existing on the effectivy date of the ordinance codified in this Chapter shall not be subject to this requirement. (d) Front Yard Setback. All landscaping shall be in accordance with the provisions of Part 9.04.10.04 of this Code. · (e) Rear Yard Setback. No rear yard setback shall be required except: (1) Where the rear Parcel line abuts a residential district, a rear yard equal to: 5' +(stories x lot width) 50' shall be required. . The required rear yard may be used for p~rking or loading to within five feet of the rear parcel line, provided the parking or loading does. not extend above the first floor level and provided that a wall not less than five feet or more than six feet in height is erected and maintained along the rear commercial parcel lin~. Access shall be permitted to cross perpendicularly 'the required rear yard, provided the driveway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. (2) Such rear yard setback as is necessary to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Part 9.04.1 0.04 ofthis Code. (f) Side Yard Setback. No side yard setback shall be required except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' +(stories x lot width) 50' shall be required. The interior side yard may be used for parking or loading no closer than five feet to the interior side property line, provided the parking or loading does not extend above the first floor level and provided a wall not less than· five feet or more than six 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) Such side yard setback as is needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions ofPart 9.04.10.04 of this Code. . (3) For portions ofbuildings that contain windows, doors, or other openings into the interior of the building, a ten-foot setback from an interior. property line shall be required. An interior side yard setback of less than ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. (g) Building Stepback. )3ui1ding stepbacks shall be provided pursuant to the requirements of Section 9.04.1 0.02.040, unless the Architectural Review Board finds that modification or elimination of this requirement will not be detrimental to the property, adjoining properties, or the general area in which the property is located and the objectives of the step back requirement are satisfied by the provision of alternative step backs or other building features which reduce effective mass to a de:gree comparable to other relevant standards. (h) Olympic Boulevard Setback. Buildings shall be setback a minimum of twenty feet from Olympic Boulevard. (i) Development Review. Except for projects listed in Section 9 .04.1 0.14.050, .a development review permit is required for any development of more than seven thousand five hundred square feet of floor area, for any development with rooftop parking, and for projects which include artist studios with a 1.5 floor area ratio, provided the additional 0.5 floor area ratio is devoted to artist -studio use, and the commercial square footage does not exceed 1.0 floor area ratio. Square footage devoted to residential use shall be reduced by fifty Percent when calculating whether a development review permit is required. (Added by Ord. No. 1800CCS § 1 (part), adopted 5/9/95; amended by Ord. No. 1834CCS § 2, adopted 12112/95; Ord. No. 1862CCS § 1, adopted 9/24/96; Ord. No. 2l02CCS § 10, adopted 12/16/03; Ord. No. 2312CCS § 1, adopted 5/2611 0) 9.04.08.35.060 Architectural review. All new construction, new additions to existing buildings, and any othe~ exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Code. For projects that include artist studios, the Architectural .Review Board shall refer to the Light Manufacturing/Research and Development Study dated June 15, 1994 prepared by Elizabeth Maule and Stefanos Polyzoides, to ensure the compatibility of the artist studios wit~ other uses in the district. (Added by Ord. No. 1800CCS § 1 (part), adopted 5/9/95) 440-15 (Santa Monica Supp. No. 65, ~-10)
9.04.08.36.010 Santa Monica Municipal Code Part 9.04.08.36 PL Public Lands Overlay District 9.04.08.36.010 Purpose. The PL Overlay District is intended to provide adequate long term public institutional and open space opportunities for the entire community and to provide for the most efficient use and conservation of all public lands. The PL Overlay District is intended to assure the protection and pfeservation of natural open space, parks, beaches, and recreation areas, to retain school sites required to meet future educational needs, and to provide land for public parking. The PL Overlay District will allow for the future reuse of public lands so long as the City's and neighborhoods' need for parks and public open space, the neighborhood's recommendations for reuse, and the need for additional public revenue are considered, consistent with the goals, objectives, and policies of the General Plan. Any parcel classified as "PL" shall also be classifie~ in a residential, commercial, or industrial district. {Prior code § 9031.1) 9.04.08.36.020 Permitted uses. Subject to the provisions of Section 9.04.08.36.060 the following uses shall be permitted in the PL Overlay District: (a) All uses listed as permitted uses within the district in which the parcel is located. (b) Beach concessions. (c) Cemeteries. (d) Open space, public beaches, parks, playgrounds, and recreation facilities. (e) Public parking. (f) Public schools. (Prior code§ 9031.2) 9.0'4.08.36.030 Uses subject to performance standards permit. Subject to the provisions of Section 9.04.08.36.050, the following uses may be permitted in the PL Overlay District subject to the approval of a performance standards permit: (a) All uses listed as subject to performance standard permit ip. the district in which the parcel is located; (b) Outdoor antique markets. (Prior code § 9031.3; amended by Ord. No. 1961 CCS § I, adopted 11/9/99) 9.04.08.36.040 Conditionally permitted uses. Subject to the provisions of Section 9.04.08.36.050, the following uses may be permitted in the PL Overlay District subject to the approval of a conditional use pennit: · (a) All uses listed as conditionally permitted· uses in the district in which the parcel is located. (Prior code § 9031.4) 9.04.08.36.050 Prohibited uses. (a) Rooftop parking on parcels directly abutting, or separated by an alley from, a resid13ntial district. (b) Any use not specifically authorized in the district in which the parcel is located. (Prior code § 9031.5) 9.04.08.36.060 Property development standards. Any redevelopment or change of use of property in the PL Overlay District shall require a development review permit. Any proposed development shall comply with the property development standards of the underlying district. (Prior code§ 9031.6) 9:04.08.36.070 Architectural review. All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a buildillg permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Article. (Prior code § 9031. 7) Part 9.04.08.37 TP Transportation Preservation District 9.04.08.37.010 Purpose. The TP District is intended to preserve the Los Angeles County Metropolitan Transportation Authority (METRO) Exposition Branch right-of-way for transportation-related uses. The District may allow temporary non-transit uses and limited site improvements, but require all non-transit uses and improvements to be removed at such time as the right-Of-way is needed for pUblic transportation-relate4 uses. Consistent with the goals, objectives, and policies of the General Plan, no permanent non-transportation-related structures or other long-term improvements are permitted. (Added by Ord. No. 2182CCS § 1 {part), adopted 4/25/06) 9.04.08.37.020 Permitted uses. The following uses shall be permitted in TP District: (a) Public transportation. (b) Open space and landscaping. (c) Public parks and recreation. (Added by Ord. No. 2182CCS § I {part), adopted 4/25/06) 9.04.08.37.030 Uses subject to performance standards permit. The following uses may be permitted in the TP District subject to the approval of a performance standardS permit and compliance with applicable standards of Part 9.04.12. The uses approved pursuant to this Section shall only be authorized during such time as the right-of-way is not required for transportation uses. All interfering nontransportation uses shall cease operation and all nontransportation improvements shall be removed from the right-of-way within one hundred and eighty of receiving notice from the City.· (a) Surplus parking for businesses that currently meet off-street parking requirements. (b) Film or video production uses and associated non-permanent structures, including temporary sets. (c) Commercial nurseries. (Added by Ord. No. 2!82CCS § I (part), adopted 4/25/06) 9.04.08.37 .040 Prohibited uses. Except for those uses identified in Sections 9.04.08.37.020 and 9.04.08.37.030, the following uses shall be prohibited: (a) Structures on permanent foundations not associated with a permitted use. (b) Permanent site improvements such as buiidings or walls not associated with a pe1mitted use. (c) Vehicle impound or junk yard. (Santa Monica Supp. No. 65. 8-1 0) 440-16
Santa Monica Municipal Code (d) Building material storage. (e) Required parking for an off-site use. (f) Any use not specifically authorized above. (Added by Ord. No. 2182CCS § 1 (part), adopted 4/25/06) 9.04.08.37.050 Property development standards. All property (n the Transportation Preservation District shall be developed in accordance with the following standards: . (a) Maximum Building Height. The maximum building height shall not exceed forty-five feet. Height in the Transportation Preservation District shall be measured from an imaginary line extending between the midpoints of the . front property lines at the sidewalk level of the through parcels. (b) Floor Area Ratio. The maximum floor area ratio shall be 1.0. (c) Landscaping and Screening. All areas not needed or used for transit facilities or rights-of-ways should be landscaped. All landscaping plans shall be reviewed and approved by the Architectural Review Board (ARB). (d) Lighting. Lighting shall be screened from the view of residentially zoned or used properties pursu<}llt to the provisions of Section 9.04.10.02.270. (e) Parking and Vehicle Access. Vehicle access, circulation and passenger loading zones shall be designed to minimize traffic congestion· and hazards, and provide accessible, attractive and maintainable parking facilities while minimizing the number and size of driveway curb cuts as determined by the Transportation Planning ~anager. The . required number of parking spaces specified in Section 9.04.10.08.040 shall be provided. A parking demand analysis may be required if it is deemed necessary by the Transportation Plannitig Manager and the Zoning · Administrator. The analysis shall be paid for by the developer.. In the eVent the analysis shows parking requirements greater than required by Section 9.04.10.08.040, the Transportation Planning Manage[ and Zoning Administrator shall require such additional parking as is determined by the analysis. Parking shall be designed pursuant to Section 9.04.1 0.08.060. (Added by Ord. No. 2182CCS § 1 (part), adopted4/25/06) 9.04.08.37.060 Legal nonconforming buildings and uses. A building which lawfully existed on the. effective date of the ordinance cOdified in this part, but which does not comply with one or more of the property development standards for· the Transportation Preservation District, may be maintained in accordance with Section 9.04.18.020. Uses and permanent . structures that were lawfully established before the effective date of the ordinance codified in this part and that are not in conformance with the provisions of this Part shall be discontinued and removed, or be aitered to.-conform to the requirementS ofthis Part .within five years of the effective date Of the ordinance codified in this part, or at such time as the right-of-way is required for a transportation-related use, whichever time period is longer. Temporary structures without permanent foundations shall be discontinued and remOved; or be altered to conform to the requirements of this Part at such time that the right-of-way is required for a transportation-related use. (Added by Ord. No. 2182CCS § 1 (part), adopted 4125/06) 9.04.08.37.070 Architectural review. Any development of the right-of-way shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Article. (Added by Ord. No. 2182CCS § 1 (part), . adopted 4/25/06) Part 9.04.08.38 A Off-Street Parking Overlay District 9.04.08.38.010 Purpose. The A Overlay District is intended to provide adequate parking facilities to support important commercial corridors and neighborhood commercial areas in the City, while assuring that each facility will not adversely impact the environment of nearby residents or diminish the integrity of the subject residential zoning district in a manner. consistent with the goals, objectives, and policies of the General Plan. Any par~el classified as "A" shall also be classified in one of the Residential Districts. (Prior code§ 9032.1) 440-17 (Santa Monica Supp. No. 65, 8-10)
Santa Monica Municipal Code . 9.04.08.38.020 9.04.08.38.020 Applicability. Existing parking on "A" lots shall be permitted if all of the following conditions are met: (1) The commercial parcel supported by the "A" parcel is not redeveloped. (2) The lot remains as a surface level parking lot (3) The square footage of the existing commercial building on the commercial parcel is not added to or expanded beyond fifty percent of the floor area existing on the effective date of this Chapter. .. ( 4) The required parking for any new addition or expansion of less that fifty percent of the floor area is not located on the "A" parcel. (Prior code § 9032.2 (part)) 9.04.08.38.030 Permitted uses. The following uses shall be permitted in the A Over-lay District: (a) All uses listed as permitted uses in the residential district in which the parcel is located. (Prior code § 9032.2 (part)) . 9.04.08.38.040 Uses subject to performance standards permit The following uses may be permitted in the A Overlay District subject to the approval of a Perfonnance Stan-dards Permit: (a) All uses listed as subject to Perfonnance Stan-pards Permit in the residential district in which the parcel is located. (Prior co.de § 9032.3) 9.04.08.38.050 Conditionally permitted uses. . ~e foll~wing uses may be permitted in the A Overlay DIStrict subject to the approval of conditional use permit: (a) All uses listed as conditionally permitted uses in the residential district in which the parcel is located. (b) Parking structures below the ground level if all of the following conditions are met: (1) The "A" parcel was in parking use on the effec-tive date of this Chapter. (2) The facility is fof the temporary parking of tran-sient motor vehicles and trucks. ··. · (3) The parking structure is accessory to a permitted commercial use. ( 4) !"~ surface level of the "A" parcel is developed and mamtained as landscaped open space for the life of the commercial project (5) The entrance to the subterranean structure is located on the commercially zoned parcel. (c) Open air farmers markets. (d) Municipal parking structures, either above grade or below grade, if all of the following conditions are met: (1) The parking structure replaces a municipal sur-face parking lot. (2) The parcel size is a minimum of forty thousand square feet. (3) The parcel is located in the North of Wilshire Overlay District. (Prior code § 9032.4; amended by Ord. No. 1878CCS § 1, adopted 5/13/97; Ord. No. 1895CCS § 3, adopted 1/27/98) 441 9.04.08.38.060 Prohibited uses. (a) Parkiitg structures located above the ground leveL (b) There shall be no use of any parcel in the "A" ?verlay District f~r automobile parking unless all proper-ties between the s1de property line of the "A" parcel and the boundary of any adjacent commercial district are in nonresidential use. (c) Rooftop parking directly abutting, or separated by an alley from, a residential use. (d) New surface level parking lots. (Prior code § 90325) 9.04.08.38.070 Property development standards for non-parking uses. All nonparking uses developed on property in the A Overlay District shall be developed in accordance with · the same property development standards required for the underlying residential district. (Prior code § 9032.6) 9.04.08.38.080 Development standards for below grade parking structure l'acillties. (a) Side Yard Setback. The side yard shall be five feet for any underground parking facility. No side yard shall be required adjacent to a commercially zoned parcel or another "A" designated parcel in commercial parking use. Parking structures located below grade shall be ex-empt from the parcel coverage and setback requirements provided that there remains an unexcavated area five feet in width along the side property line that abuts a resi-dentially zoned parcel which shall contain landscaping pursuant to the provisions of Part 9.04.10.04. (Prior code § 9032.7) .. 9.04.08.38.090 Special design standards for all parking facilities. (a) Walls. Walls shall conform to the provisions of Section 9.04.10.02.080. -(b) Use of Required Yards. There shall be no access to parking permitted within the required side yard, ex-cept access may be provided within a required side yard that abuts a commercially zoned parcel (c) Landscaping. At least fifty percent of the re-quired front yard area shall be landscaped pursuant to the provisions of Part 9.04.10.04. (d) Vehicle Access. Vehicle access to and from all parking structures shall be located a minimum of twenty feet or a greater distance if practical from any residen-tially zoned parcel. (e) Lighting. lighting shall be provided pursuant to the provisions of Section 9.04.10.02.270. (Prior code § 9032.8; amended by Ord. No. 1878CCS § 2, adopted 5/13/97) .. . . . . 9.04.08.38.100 Arcbitectural review. All new construction, new additions to existing build-~gs, and any o~e.r exterio~ improvements that require ISSuance of a building pernnt shall be subject to architec-tural review pursuant to the provisions of Chapter 9.32 of this Article. (Prior code § 9032.9) · (Santa Manica -s~98)
9.04.08.40.010 Santa Monica Municipal Code Part 9.04.08.40 N Neighborhood Commercial Overlay District 9.04.08.40.010 Purpose. The N Overlay District is intended to protect and en-hance concentrations of neighborhood commercial uses that are located in Districts other than the C2 District. The N Overlay District is intended to preserve and en-hance the concentration of neighborhood commercial uses at the ground floor street frontage while permitting new development to be built to the development stan-dards for the underlying district, consistent with the goals, objectives, and policies of the General Plan. (Prior code § 9033.1) 9.04.08.40.020 Permitted uses. The following convenience goods and service type uses shall he permitted in the N Overlay District, if conducted within an enclosed building, except where otherwise per-mitted: (a) Artist studios above the first floor. (b) Barber or beauty shops. (c) Child day care centers. (d) Oeaners. (e) General retail uses. (f) Laundromats. (g) Photocopy shops. (b) Small appliance repair shops. (i) Small appliance stores. (j) Restaurants of fifty seats or less. (k) Tailors. (I) Accessory uses which are determined by the Zon-ing Administrator to be necessary and customarily associ-ated with, and appropriate, incidental, and subordinate to, the principal permitted uses and which are consistent and not more disturbing or disruptive than permitted uses. (m) All uses permitted in the underlying zoning classi-fication shall be permitted in the N District but shall not be located at the ground floor street frontage unless with the use, at least fifty percent of the lineal front footage of buildingS, structures, or parcels on the block (on both sides of the street) will contain uses permitted in subdivi-sions (a) through (I) of this Part. (n) Other uses determined by the Zoning Admin-istrator to be similar to those listed above which are consistent and not more disruptive or disturbing than permitted uses. (Prior code § 9033.2) 9.04.08.40.030 Uses subject to performance standards permit. -(a) Shelters for the homeless. (Prior code§ 90333) 9.04.08.40.040 Conditioually permitted uses. The following uses may be permitted in theN Overlay District subject to the approval of a Conditional Use Permit: (a) All uses listed as Conditionally Permitted Uses in the C2 District or the underlying District may be permitted subject to the approval of a Conditional Use Permit. (Prior code § 9033.4) (Santa Monica 5-98) 442 9.04.08.40.050 Prolu11ited uses. (a) Rooftop parking on parcels directly abutting, or separated by an alley from, a residential district. (b) Any use not specifically authorized. (Prior code § 9033.5) 9.04.08.40.060 Property development standards. All property in the N Overlay District shall be devel-oped in accordance with the same standards as those listed for the underlying zoning distri_ct except the follow-ing, if different: (a) Front Yard. None, but all new development and new additions to the front portion of existing develop-ment must adhere to the build-to line requirements rela-tive to the street's building facade line pursuant to the provisions of Section 9.04.10.02.050. (Prior code§ 9033.6) 9.04.08.40.070 Architectural review. All new construction, new additions to existing build-ings, and any other exterior improvements that require issuance of a building permit shall be subject to architec-tural review pursuant to the provisions of Chapter 9.32 of this Article. (Prior code § 9033. 7) Part 9.04.08.42 R·MH Residential Mobile Home Park District 9.04.08.42.010 Purpose. The R-MH District is intended to implement policies contained within the Land Use Element to preserve and protect existing mobile home parks as developments that offer alternative types of residential units and opportuni-ties for affordable housing. (Prior code § 9034.1) 9.04.08.42.020 Permitted uses. The following uses are permitted in the R-MH Dis-trict: (a) Trailer court or mobile home park. (b) Small family day care homes. (c) Yard sales, limited to two per calendar year, for each dwelling unit, for a maximum of two days. (Prior code § 9034.2) · 9.04.08.42.030 Uses subject to performance standards permit. The following uses may be permitted in the R-MH District subject to the approval of a Performance Stan-dards Permit: (a) Large family day care homes. (Prior code § 9034.3) 9.04.08.42.040 Conditionally permitted uses. The following uses may he permitted in the R-MH District subject to the approval of a Conditional Use Permit: (a) Child day care centers. (Prior code § 9034.4) 9.04.08.42.050 Prohibited uses. (a) Any use not specifically authorized. (Prior code § 9034.5)
Santa Monica Municipal Code 9.04.08.42.060 9.04.08.42.060 Property development standards. A development review permit shall be required for any new development in the R-MH District. An adminis. trative approval permit shall be required for any remod-els or additions to existing facilities so long as the exist-. ing density is not increased or the number of spaces re-duced. (Prior code § 9034.6) 9.04.08.42.070 Architeetural review. All new constrUction, new additions to existing build-ings, and any other exterior improvement that require issuance of a builc!iDg permit .shall be subject to the provisions of Chapter 9.32 of this Article. (Prior code § 9034.7) Part 9.04.08.44 OP·l Ocean Park Single Family Residential District . 9.04.08.44.010 Purpose. . The OP-1 District is intended to maintain single-family housing within an area comprised of small lots where single family housing now predominates. The OP-1 District is designed to prevent traffic and on-street park-ing congestion which more intense development could create. The OP-1 District serves to maintain the existing character and state of the area. (Prior code § 9035.1; added by Ord. No. 1496CCS, adopted 9/26/89) 9.04.08.44.020 Permitted uses. The following uses may be permitted in the OP-1 Dis-trict: (a) Domestic violence shelters. (b) Hospice facilities. (c) One-single family dwelling per lot placed on a permanent foundation including Manufactured housing. (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) State authorized, licensed, or certified uses to the . extent required to be permitted by State Law. (h) Yard sales, limited to two per calendar year, for a maximum of two days each. (Prior code § 9035.2; added by On!. No. 1496CCS, adopted 9/26/89; amended by On!. No. 1750CCS § 17, adopted 6/28/94) 9.04.08.44.030 Uses subject to performance standards permit. The following uses may be permitted in the OP-1 · District subject to the approval of a performance stan-dards permit: (a) Large family day care homes. (b) One-story accessory living quarters, up to four-teen feet in height, on a lot having a minimum area of ten thousand square feet. (c) Private teunis courts. (Prior code§ 9035.3; added by Ord. No. 1496CCS, adopted 9/26/89) 9.04.08.44.035 Uses subject to use permit. The following use may be permitted in the OP-1 District subject to the approval of a use permit: Second dwelling units in compliance with the require-ments set forth in Section 9.04.13.040. (Added by Ord No. i942CCS § 7, adopted 5/11/99) 9.04.08.44.040 Conditionally permitted uses. The following uses may be permitted in the OP-1 District subject to the approval of a conditioual u8e pemrit . . (a) · One-story accessory buildings over fourteen feet fu height or two story accessory buildings up to a maxi-mum height of twenty-four feet (b) Schools. (Prior code§ 9035.4; added by Ord. No. 1496CCS, adopted 9/26/89) 9.04.08.44.050 Prohibited uses. (a) Boarding houses . (b) Rooftop parking. (c) Any uses not specifically authorized. (Prior code § 9035.5; added by Ord. No. 1496CCS, adopted 9/26/89; amended by Ord. No. 1942CCS § 8, adopted 5/11/99) 9.04.08.44.060 Property development standards. All property in the OP-1 District shall be developed in accordance with the following standards: (a) Maximum Building Height. 'I\vo stories, not to exceed twenty feet for a flat roof, or twenty-seven feet for a pitched roof. A "pitched roof' is defined as a roof with at least tWo sides having no less than one foot of vertical rise for every three feet of horizontal run. The walls of the building may not exceed the maximum height required for a flat roof. (b) Maximum Unit Density. One dwelling unit per lot, except where a use pemrit been approved for a second Unit as permitted by Section 9.04.08.44.035. (c) Minimum Lot Size. Four thousand square feet. _ Each lot shall contain a minimum depth of eighty feet and a minimum width of twenty-five feet except that any lot existing on the effective .date of the ordinance codi-fied in this Chapter shall not be subject to this require-ment. · (d) Maximum Lot Coverage. Fifty percent (e) Front Yard Setback. Fifteen feet, or ten feet if the average setback of adjacent dwelling(s) is ten feet or less. A one story, covered or uncovered porch open on three sides may encroach six feet into a front yard with · a fifteen-foot setback, if the roof does not exceed a height of fourteen feet, and the porch width does not . exceed forty percent of the building width at the front of the building. (f) Rear Yard Setback. Ten feet. (g) Side Yard Setback. (1) The side yard setback for that portion of a build-ing with a secondary window, blank wall, or primary window on a side yard facing the street (i.e., a comer lot) shall be determined in accordance with the following formula, except for lots of less than fifty feet in width for 443 (Santa Monica 8-99)
9.04.08.44.060 Santa Monica Municipal Code which the side yard shall be ten percent of the lot width but not less than four feet 5' + (stories x lot width) 50' (2) The side yard setback for that portion of a build-ing with a primary window shall be as follows: (a) For lots less than fifty feet in width, a minimum setback of eight feet shall be provided, as long as at all times a twelve-foot separation exists between the primary window and any adjacent structures; (b) For lots fifty feet or greater in width, a minimum setback of twelve feet shall be provided. (3) The second floor side yard setback above a pri-mary window shall not project more than two feet into the required side yard setback. (h) Landscaping. All areas not covered by buildings, driveways, and sidewalkB are to be covered by appropri-ate landscaping. All new construction that requires issu-ance of a building permit shall be subject to the provi-sions of Part 9.04.10.04 of this Article. (i) Parking Access. Access to all required off-street parking shall be from alleys, except for comer lots where access may be provided from the side street but not from the front street. (Prior code § 9035.6; amended by Ord. No. 1514CCS, adopted 2127/90; Ord. No. 1942CCS § 9, adopted 5/11/99) 9.04.08.44.070 Architectural review. All new construction, new additions to existing build-ings, and any other exterior improvements that require issuance of a building permit shall be subject to architec-tural review pursuant to the provisions of Chapter 9.32 of this Article. (Prior code § 9035.7; added by Ord. No. 1496CCS, adopted 9/26/89) Part 9.04.08.46 Beach Overlay District (Proposition S was approved by the voters November 6, 1990) 9.04.08.46.010 Pnrpose. The pnrpose of this initiative ordinance is to add a new overlay district to the City of Santa Monica's Zoning Districts. This initiative ordinance is necessary to protect the public health, safety and welfare of present and future residents of the City of Santa Monica [the "City''] by avoiding the deleterious effects of uncontrolled growth in the Beach Overlay District and preserving the unique and diverse character of the Santa Monica oceanfront This purpose is achieved by limiting the proposed proliferation of excessive hotel, motel and large restau-rant development within the Beach Overlay District. Such development ignores the need to preserve . Santa Monica's_ greatest asset -its oceanfront setting, view, and access to coastal resources -and to maintain its beach and oceanfront parks as open recreational area for present and future generations. (Prior code'§ 9035.08; adopted at Municipal Election, November 6, 1990; certi-fied by Res. No. 8121CCS) (Santa Monica 8-99) 444 9.04.08.46.020 Permitted uses. Subject to the provisions of Section 9.04.08.44.050 the following uses shall be permitted in the Beach Overlay District . · (a) All uses.listed as permitted uses withln the dis-trict in which the parcel is located. (b) Open space, public beaches, parkB, incidental park structures, gardens, playgrounds, recreational build-ings, recreational areas. (c) Public parking. (Prior code§ 9035.2; adopted at Municipal Election, November 6, 1990; certified by Res. No. 8121CCS) 9.04.08.46.030 Uses subject to performance standnrds penni!. Subject to the provisions of Section 9.04.08.44.050, the following uses may be permitted in the Beach Overlay District subject to the approval of a performance stan-dards permit: (a) All uses.listed as subject to performance stan-dards permits in the district in•which the parcel is locat-ed. (Prior code § 9035.3; adopted at Municipal Election, November 6, 1990; certified by Res. No. 8121CCS) 9.04.08.46.040 Conditionally pennitted nses. Subject to the provisions of Section 9.04.08.46.050, the following uses may be permitted in the Beach.Overlay District subject to the approval of a conditio.nal use permit: (a) All uses listed as conditionally permitted uses in the district in which the parcel is located. (Prior code § 9035.4; adopted at Municipal Election, November 6, 1990; certified by Res. No. 8121CCS) 9.04.08.46.050 Prohibited nses. (a) Hotels, motels. (b) Restaurants and/or food service facilities of more than two thousand square feet and/or exceeding one story in height. · (c) Any use not specifically listed in Section 9.04.08.46.020. (Prior code § 9035.5; adopted at Munici-pal Election, November 6, 1990; certified by Res. No. 8121CCS) 9.04.1Jl!.46.060 Recreational use. Any building or area within the Beach Overlay District currently in use as a recreational building or recreational area. shall not be removed or demolished except to re· place said building or area with open space or substan-tially similar recreational use or uses. (Prior code § 9035.6; adopted at Municipal Election, November 6, 1990; certified by Res. No. 8121CCS) Part 9.04.08.48 OP-Dnplex Ocean Park Duplex Residential Distri~t 9.04.08.48.010 Pnrpose. The OP-Duplex District is intended to provide a density appropriate for the Copeland Court walk street. The OP-Duplex District is designed to prevent burden
Santa Monica Municipal Code 9.04.08.48.010 on the public facilities, including sewer, water, electricity and schools by an influx and increase of people to the degree larger than the City's geographic limits, tax base or financial capabilities can reasonably and responsibly accommodate. The district is designed to preseiVe the unique character of this street The OP-Duplex district affords protection from deleterious environmental effects and seiVes to maintain and protect the existing character and state of the Copeland Court walk street. (Prior code. § 9036.1; added by Ord. No. 1496CC:S, adopted 9/26/89) 9.04.08.48.020 Permitted uses. The following uses shall be permitted in the OP-Du-plex District: (a) Domestic violence shelters. • (b) Hospice facilities. ' (c) Multi-family dwelling units. (d) One-story Accessory buildings and structures up to fourteen feet in height. (e) Public parks and playgrounds. (f) Single-family dwellings placed on a permanent foundation (including manufactured housing). (g) Small family day care homes, (h) Yard sales, limited to two per calendar year, for each dwelling unit, for a maximum of two days. (Prior code § 9036.2; added by Ord. No. 1496CC:S, adopted 9/26/89; amended by Ord. No. 1750CC:S § 18, adopted 6!28/94) 9.04.08.48.030 Uses subject to performance · standards permit. The following uses may be permitted in the OP-Du-plex District subject to the approval of a performance standards permit: (a) Large family day care homes. (b) One-story accessory living quarters, up to .fourteen feet in height, on a lot having a minimum area of ten thousand square feet (c) Private teunis courts. (d) Senior group housing. (Prior code § 90363; added by Ord. No. 1496CCS, adopted 9/26189) 9.04.08.48.040 Conditionally permitted nses. The following uses may be permitted in the OP-Du-plex District subject to the approval of a conditional use permit: (a) Bed and breakfast facilities. (b) Boarding houses. (c) Child day care centers. (d) Community care facilities. (e) libraries. (f) Neighborhood grocery stores. (g) Offices and meeting rooms for charitable, youth, and welfare organizations. (h) One-story accessory buildings over fourteen feet in height or two story accessory buildings up to a maxi-mum height of twenty-four feet. (i) Places of worship. G) Residential care facilities. (k) Rest homes. 444-1 (I) Schools. (m) Underground parking structures provided the lot was occupied by a surface parking lot at the time of adoption of this Chapter, the lot is not adjacent to a lot in the C2 District, the ground level above the under-ground parking structure is used for residential or public park and open space uses, the structure is associated with an adjacent commercially zoned lot, and the vehicle access to the underground parking is from the commer-cially zoned lot and as far from the residentially zoned lot as is reasonably possible. (Prior code § 9036.4; added by Ord. No. 1496CCS, adopted 9!2fi/89) 9.04.08.48.050 Prohibited uses. (a) Rooftop parking. (b) Any use not specifically authorized. (Prior code § 9036.5; added by Ord. No. 1496CC:S, adopted 9/26/89) (Santa Monica 8~99)
Santa Monica Municipal Code 9.04.08.48.020 on the public facilities, including sewer, water, electricity and schools by an influx and increase of people to the degree larger than the City's geographic limits, tax base or financial capabilities· can reasonably and responsibly accommodate. The district is designed to preserve the unique character of this street. The OP-Duplex district affords. protection from deleterious environmental effects and serves to maintain and protect the existing character and state of the Copeland Court walk street. (Prior code § 9036.1; added by Ord. No. 1496CCS, adopted 9/26/89) 9.04.08.48.020 Permitted uses. The following uses shall be permitted in the OP-Duplex District: · (a) Domestic violence shelters. (b) Hospice facilities. (c) Multi-family dwelling units. (d) One-story Accessory buildings and structures up to fourteen feet in· height. (e) Public parks and playgrounds. (f) Single-family dwellings placed on a permanent foundation (including manufactured housing). (g) Small family day care homes. (h) Yard sales, limited to two per calendar year, for each dwelling unit, for a maximum of two days. (Prior code § 9036.2; added by Ord. No. 1496CCS, adopted 9/26/89; amended by Ord. No. 1750CCS § 18, adopted 6/28/94) 9.04.08.48.030 Uses subject to performance standards permit. The following uses may be permitted in the OP-Duplex District subject to the approval of a perfonnance standards permit: (a) Large family day care homes. (b) One-story accessory living quarters, up to fourteen feet in height, on a lot having a minimum area often thousand square feet. (c) Private tennis courts. (d) Senior group housing. (Prior code§ 9036.3; added by Ord. No. l496CCS, adopted 9/26/89) 9.04.08.48.040 Conditionally permitted uses. The following uses may be permitted in the OP-Duplex District subject to the approval of a conditional use peimit: (a) Bed and breakfast facilities. (b) Boarding houses. (c) Child day care centers. (d) Community care facilities. (e) Libraries. (f) Neighborhood grocery stores. (g) Offices and meeting rooms for charitable, youth, and welfare organizations. (h) One-story accessory buildings over fourteen feet in height or two story accessory buildings up to a maximum height of twenty-four feet. (i) Places of worship. G) Residential care facilities. (k) Rest homes. 445 (1) Schools. (m) Underground parking structures provided the lot was occupied by a surface parking lot at the time of adoption of this Chapter, the lot is not adjacent to a lot in the C2 District, the ground level above the underground parking structure is used for residential or public park and open space uses, the structure is associated with an adjacent commercially zoned lot, and the vehicle access to the underground parking is ftoni the commercially zoned lot and as far from the residentially zoned lot as is reasonably possible. (Prior code § 9036.4; added by Ord. No. 1496CCS, adopted 9/26/89) 9.04.08.48.050 Prohibited uses. (a) Rooftop parking. (b) Any use not specifically authorized. (Prior code § 9036.5; added by Ord. No. 1496CCS, adopted 9/26/89) 9.04.08.48.060 Property development standards. All property in the OP-Duplex District shall be developed in accordance with the following standards: (a) Maximum Building Height. Two stories, not to exceed twenty-three feet for a flat roof, or thirty feet for a pitched roof. A "pitched roof is defined as a roof with at least two sides having no less than one foot of vertical rise for every three feet of horizontal run. The walls of the building may not exceed the maximum height required for a flat roof. There shall be no limitation on the f1:Urnber of stories of any affordable housing project, as long as the building height does not exceed the maximum number of feet permitted in this Section. (b) Maximum Unit Density. Two units per lot. No more than one dwelling unit shall be permitted on a lot four thousand square feet or less in size. (c) Maximum Lot Coverage. Fifty percent. (d) Minimum Lot Size. Five thousand square feet. Each lot shall contain a minimum depth of one hundred feet and a minimum width of fifty feet, except that lots existing on the effective date of this Chapter shall not be subject to this requirement. (e) Front Yard Setback. Thirty feet measured from the center line of the walkway. (f) Rear Yard Setback. Fifteen feet. (g) Side Yard Setback. (1) The side yard setback for that portion of a building with a secondary window, blank wall, or primary window on a side yard facing the street (i.e., on a comer lot) shall be determined in accordance with the following formula, subject to the exceptions set forth below: 5' + (stories x lot width) 50' (a) On lots of less than fifty feet in width, the side yard shall be ten percent of the parcel width but not less than four feet. (b) On comer lots fifty feet or greater in width, the side yard setback facing a street shall be a minimum of ten feet. Covered or uncovered stairways or porches not exceeding (Santa Monica'Supp. No. 53, 5-07)
9.04.08.48.060 Santa ~onica Municipal Code thirty-five percent of the building frontage on the side street may encroach five feet into the required side yard. (2) The side yard setback for that portion of a building with a primary window shall be as follows: (a) For lots less than fifty feet in width, a minimum setback of eight feet shall be provided, as long as at all times a twelve-foot separation exists between the primary window and any adjacent structures. (b) For lots fifty feet or greater in width, a minimum setback of twelve feet shall be provided. (3) The second floor side yard setback above a primary window shall not project more than two feet into the required side yard setback. (h) Building Spacing. Buildings that face each other on the same lot shall be separated by the following minimum distances: fifteen feet if one building has primary windows facing the other; twenty-five feet when the windows of primary spaces in both buildings face each other on the ground or second level, except fifteen feet when they are visually separated by a solid wall of opaque fence over five feet six inches in height; ten feet when secondary windows face each other or when a secondary window faces a blank wall. (i) Landscaping. All areas not covered by buildings, driveways, and sidewalks are to be covered by appropriate landscaping. All new construction that requires issuance of a building "permit shall be subject to the provisions of Part 9.04.10.04 of this Article. G) Development Review. Except for projects listed in Section 9.04.l0.14.050(b), a Development Review Permit is required for any development of more than fifteen thousand square feet of floor area. (Prior code § 9036.6; amended by Ord. No. l514CCS, adopted 2/27/90; Ord. No: 1750CCS § 19, adopted 6/28/94; Ord. No. 2217CCS § 8, adopted l/23/07) 9.04.08.48.070 Architectural review. All o.ew construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be SU:bject to architechlral review pursuant to the provisions of Chapter 9.32 of this Article. (Prior code§ 9036.7; added by Ord. No. l496CCS, adopted 9/26/89) Part 9.04.08.50 OP-2 Ocean Park Low Multiple Residential District 9.04.08.50.010 Purpose. The OP-2 District is intended to provide a low density multiple family residential neighborhood (to twenty-two dwelling units per gross residential acre) free of dishlrbing noises, excessive traffic, and hazards created by moving automobiles. The OP-2 district is designed to prevent burden on the public facilities, including sewer, water, electricity and schools by an influx and increase of people to the degree larger than the City's geographic limits, tax base or financial capabilities can reasonably and responsibly accommodate. The OP-2 district affords protection from deleterious environmental effects and serves to maintain and protect the (Santa Monica Supp. No. 53, 5-07) 446 existing character and state of the residential neighborhood. (Prior code§ 9037.1; added by Ord. No. l496CCS, adopted 9/26/89) 9.04.08.50.020 Permitted uses. The following uses shall be permitted in the OP-2 District. (a) Congregate housing. ·(b) Domestic violence shelters. (c) Hospice facilities. (d) Multi-family dwelling units. (e) One-story accessory buildings and structures ~p to fourteen feet in height. (l) Public parks and playgrounds. (g) Single family dwellings placed on a permanent foundation (including manufactured housing). (h) Single room occupancy housing. (i) Small family day care homes. (j) Senior housing. (k) Senior group housing. (I) Transitional housing. (m) Yard sales, limited to two per calendar year, for each dwelling unit, for a maximum of two days. (Prior code § 9037.2; added by Ord. No. l496CCS, adopted 9/26/89; amended by Ord. No. 1750CCS § 20 (part), adopted 6/28/94) 9.04.08.50.030 Uses subject to performance standards permit. The following uses may be permitted in the OP-2 District subject to the approval of a Performance Standards Permit: (a) Large family day care homes. (b) Private tennis courts. (Prior code§ 9037.3; added by Ord. No. 1496CCS, adopted 9/26/89; amended by Ord. No. l750CCS § 20 (part), adopted 6/28/94) 9.04.08.50.040 Conditionally permitted uses. The following uses may be permitted in the OP-2 District subject to the approval of a Conditional Use Permit: (a) Bed and breakfast facilities. (b) Boarding houses. (c) Child day care centers. (d) Community care facilities. (e) Homeless shelters. CO Libraries. (g) Neighborhood grocery stores. (h) Offices and meeting rooms for charitable, youth, and welfare organizations. (i) One-story accessory buildings over fourteen feet in height or two story accessory buildings up to a maximum height of twenty-four feet. (j) Places of worship. (k) Residential care facilities. (I) Rest homes. (m) Schools. (n) 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 adjacent to a lot in the C2 District, .the ground level above the underground parking structure is used for residential or public park and open space :j
Santa Monica Municipal Code 9 .04.08.50.040 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. (Prior code§ 9037.4; added by Ord. No. 1496CCS, adopted 9/26/89; amended by Ord. No. 1750CCS § 20 (part), adopted 6/28/94) 9.04.08.50.050 Prohibited uses. (a) Rooftop parking. (b) Any use not specifically authorized. (Prior code § 9037.5; added by Ord. No. 1496CCS, adopted 9/26/89) 9.04.08.50.060 Property development standards. All property in the OP-2 District shall be developed in accordance with the following standards: (a) Maximum Building Height. Two stories, not to exceed twenty-three feet for a flat roof, or thirty feet for a pitched roof. A "pitched roof is defined as a roof with at least two sides having no less than one foot of vertical rise for every three feet of horizontal run. The walls of the building may not exceed the maximum height required for a flat roof. There shall be no limitation on the number of stories of any affordable housing project, as long as the building height does not exceed the maximum number of feet permitted in this Section. However, on ups loping parcels where the change in elevation is ten feet or greater from the finished surface of the sidewalk adjacent to the property line to the building line at the required rear yard setback, maximum allowable height for structures shall conform to the following: (1) One story fourteen feet in height (including parapets and rails) for the first fifteen feet of horizontal distance on the parcel measured from the front parcel line. Maximum permitted height shall be measured vertically from the edge of the existing sidewalk closest to the front parcel line and then running horizontally along a line parallel to the theoretical grade of the parcel; (2) Two stories eighteen feet for a flat roof and twenty-three feet for a pitched roof (including parapets and railings) for that portion ofthe structure located between 15.1 feet and thirty feet measured back from the front parcel line. Maximum permitted height shall be measured vertically from the edge of the existing sidewalk closest to the front parcel line and then running horizontally along a line parallel to the theoretical grade of the parcel to a distance of thirty feet from the front parcel line; (3) The maximum permitted height for structures beyond thirty feet from the front parcel line shall be two stories twenty-three feet for a flat roof or thirty feet for structures with a pitched roof. Maximum permitted height shall be measured vertically from the edge of the existing sidewalk closest to the front parcel line and then running horizontally along a line parallel to the theoretical grade ofthe parcel to the rear property line; ( 4) The finished grade shall be no more than three feet below or above the theoretical grade line at any point adjacent to a building if excavation occurs. An opening to a garage may remain unexcavated; 447 (5) Any portion of a building more than three feet above the theoretical grade shall be counted as a story. The first story of a structure shall be determined as the portion of the structure closest to the front property line that extends more than three feet above the theoretical grade; (6) No portion of any structure shall exceed the maximum allowable height or permitted number of stories. (b) Maximum Unit Density. One dwelling unit for each two thousand square feet of lot area. An additional unit shall be allowed if excess lot area equals or exceeds one thousand square feet, after calculating the allowed number of units at two thousand square feet of lot area per unit The density on lots consolidated after the effective date of this Chapter with a total square footage greater than ten thousand square feet or exceeding a combined street frontage of one hundred feet shall be one dwelling unit for each twenty-five hundred square feet of combined lot area, except where one hundred percent of the proposed units are deed restricted for very low, low, middle, and/or moderate income housing, in which case the density shall be one unit for each two thousand sqJ:lare feet oflot area. No more than one dwelling unit shall be permitted on a lot four thousand square feet or less in size. (c) Maximum Lot Cove~age. Fifty percent. Sixty percent for development projects which comply with the density of bonus provisions of prior code Section 9047.3. (d) Minimum Lot Size. Five thousand square feet. Each lot shall contain a minimum depth of one hundred feet and a ·minimum width of fifty feet, except that lots existing on the effective date of this Chapter shall not be subject to this requirement. (e) Front Yard Setback. Twenty feet or fifteen feet ifthe average setback of adjacent dwelling(s) is fifteen feet or less. A one-story, covered or uncovered porch, open on three sides may encroach six feet into a front yard with a twenty-foot setbacl<., if the roof does not exceed a height of fourteen feet and the porch width does not exceed forty percent of the building width at the front of the building. (f) Rear Yard Setback. Fifteen feet. (g) Side Yard Setback. (1) The side yard setback for that portion of a building with a secondary window, blank wall, or primary window on a side yard facing the street (i.e., on a comer lot) shall be determined in accordance with tie following formula, subject to the exceptions set forth below: 5' + (stories x lot width) 50' (a) On lots ofless than fifty feet in width, the side yard shall be ten percent of the parcel width but not less than four feet. (b) On comer lots fifty feet or greater in width, the side yard setback facing a street shall be a minimum of ten feet. Covered or uncovered stairways or porches not exceeding thirty-five percent of the building frontage on the side street may encroach five feet into the required side yard. · (2) The side yard setback for that portion of a building with a primary window shall be as follows: (Santa Monica Supp. No. 53, 5-07)
9.04.08.50.060 Santa Monica Municipal Code (a) For lots less than fifty feet in width, a minimum setback of eight feet shall be provided, as long as at all times a twelve-foot separation exists between the primary window and any adjacent structures; (b) For lots fifty feet or greater in width, a minimum setback of twelve feet shall be provided. (3) The second floor side yard setback above a primary window shall not project more than two feet into the required side yard setback. (h) Building Spacing. Buildings that face each other on the same lot shall be separated by the following minimum distances: fifteen feet if one building has primary windows facing the other; twenty-five feet when the windows of primary spaces in both buildings face each other on the ground or second level, except fifteen feet ·When they are visually separated by a solid wall or opaque fence over five feet six inches in height; ten feet when secondary windows face each other or when a secondary window faces a blank wall. (i) Landscaping. All areas not covered by buildings, driveways, and sidewalks are to be covered by appropriate landscaping. All new construction that requires issuance of a building permit shall be subject to the provisions of Part 9.04.10.04 pfthis Chapter. U) Usable Private Open Space. All ground-level units· shall have the following minimum amounts of usable private open space per unit: one hundred square feet for projects consisting of at least two but not more than seven dwelling units, and fifty square feet for projects of eight units or more. Private open space shall include a deck, yard, patio or combination thereof, which is adjacent to, accessible from, and at the same or approximate elevation as one or more primary spaces. The minimum dimension of at least one such private open space shall be no less than seven feet in any dimension. Private open space shall be screened from common open space, driveways and adjacent properties by a substantially opaque wall or fence a minimum of three feet six inches and a maximum of six feet in height, except in the front yard setback area. Required private open space may be reduced by one sqUare foot for each additional square foot of common open space added but in no case leaving less than fifty feet of required private space. All second floor units shall have a balcony or deck of fifty square feet or more, with a minimum dimension of no less than seven feet in any dimension, which is adjacent to, accessible from, and at the same or approximate elevation as one or more primary spaces of the unit to be served. Roof decks do not meet this requirement. The railing of the balcony or deck shall be substantially opaque to protect the privacy of occupants. First floor private open space may project into the entire width of the side yard, and ten feet into the required depth of the rear yard. Private open space may project six feet into the required front yard as long as its width does not exceed thirty percent of the building width at the front of the building. (k) Usable Common Open Space. Projects of four or more units shall include a minimum of one hundred square (Santa Monica Supp. No. 53, 5-07) 448 feet per unit of usable common open space, accessible and available to all project residents for outdoor activities. Courtyards, entry areas for two or more units, lawns and play spaces which are physically separated from private open space, and active recreation spaces such as swimming pools and sports courts, shall count toward fulfillment of this requirement. The rear yard may count toward fulfillment of the common open space requirement, provided it is usable and accessible. Side yards and portions of driveways which are decorated or interspersed with lawn or other acceptable groundcover may meet a portion of the requirement, subject to architectural review, pursuant to Part 9.04.10. The minimum dimension of at least one area of common open space shall be ten feet in any direction. Any practical combination of lawn, paving, decking, concrete or other serviceable dust free material shall be used to surface common open space areas, with a slope of not more than five percent. A minimum ofthirty percent of the common open space area shall include lawn or other acceptable groundcover. Required open space may nor include public or private streets, driveways, or utility easements where the ground surface cannot be used appropriately for open space or front yards. Required common open space may be reduced by one square foot for each additional square foot of private open space added beyond the required private open space. (I) Development Review. Except for projects listed in Section 9.04.!0.14.050(b), a development review permit is required for any development of more than fifteen thousand square feet of floor area. (Prior code § 9037.6; amended by Ord. No. 1514CCS, adopted 2/27/90; Ord. No. 1699CCS § 1, adopted 8/10/93; Ord. No. 1750CCS § 21, adopted 6/28/94; Ord. No. 2217CCS § 9, adopted 1/23/07) 9.04.08.50.070 Architectural review. All-new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Article. (Prior code§ 9037.7; added by Ord. No. 1496CCS, adopted 9/26/89) Part 9.04.08.52 OP-3 Ocean Park Medium Multiple . Residential District 9.04.08.52.010 Purpose. The OP-3 District is intended to provide a medium density multiple family residential neighborhood (to twenty-nine dwelling units per gross residential acre) free of disturbing noises, excessive traffic, and hazards created by moving automobiles. The OP-3 district is designed to prevent burden on the public facilities, including sewer, water, electricity and schools by an influx and increase of people to the degree larger than .the City's geographic limits, tax base or financial capabilities can reasonably and responsibly accommodate. The OP-3 district affords protection from deleterious environmental effects and serves to maintain and protect the
Santa Monica Municipal Code 9.04.08.52.010 existing character and state of the residential neighborhood. (Prior code § 9038.1; added by Ord. No. 1496CCS, adopted 9/26/89) 9.04.08.52.020 Permitted uses. The following uses shall be permitted in the OP-3 District. (a) Congregate housing. (b) Domestic violence shelters. (c) Hospice facilities. (d) Multi-family dwelling units. (e) One-story accessory buildings and structures up to fourteen feet in height. (f) Public parks and playgrounds. (g) Residential care facilities. (h) Senior housing. (i) Senior group housing. G) Single family dwellings placed on a permanent foundation (including manufactured housing). (k) Single room occupancy housing. (1) Small family day care homes. (m) Transitional housing. (n) Yard sales, limited to two per calendar year, for each dwelling unit, for a maximum of two days. (Prior code § 9038.2; added by Ord. No. 1496CCS, adopted 9/26/89; amended by_ Ord. No. 1750CCS § 22 (part), adopted 6/28/94) 9.04.08.52.030 Uses subject to performance standards permit. The following uses may be permitted in the OP-3 District subject to the approval of a Performance Standards Permit: (a) Large family day care homes. (b) One-story accessory living quarters, up to fourteen feet in height, on a lot having a minimum area often thousand square feet. (c) Private tennis courts. (Prior code§ 9038.3; added by Ord. No. 1496CCS, adopted 9/26/89; amended by Ord. No. 1750CCS § 22 (part), adopted 6/28/94) 9.04.08.52.040 Conditionally permitted uses. The following uses may be permitted in the OP-3 District subject to the approval of a Conditional Use Permit: (a) Bed and breakfast facilities. (b) Boarding houses. (c) Child day care centers. (d) Community care facilities. (e) Homeless shelters. (f) Places of worship. (g) Neighborhood grocery stores. (h) Offices and meeting rooms for charitable, y"outh, and welfare organizations. (i) One-story accessory buildings over fourteen feet in height or two stOry accessory buildings up to a maximum height of twenty-four feet. (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 ofthis Chapter, the parcel is not adjacent 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 asJar from the residentially zoned parcel as is reasonably possible. (Prior code§ 9038.4; added by Ord. No. 1496CCS, adopted 9/26/89; amended by Ord. No. 1750CCS § 22 (part), adopted 6/28/94) 9.04.08.52.050 Prohibited uses. (a) Rooftop parking. (b) Any use not specifically authorized. (Prior code § 9038.5; added by Ord. No. 1496CCS, adopted 9/26/89) 9.04.08.52.060 Property development standards. All property on the OP-3 District shall be developed in accordance with the following standards: (a) Maximum Building Height. Two stories, not to exceed twenty-three feet for a flat roof, or thirty feet for a .pitched roof. A "pitched roof is defined as a roof with at least two sides having no less than one foot of vertical rise for every three feet of horizontal run. The walls of the building may not exceed the maximum height required for a flat roof. There shall be no limitation on the number of stories of any . affordable housing project, as long as the building height does not exceed the maximum number of feet permitted in this 449 Section. -(b) Maximum Unit Density. One dwelling unit for each fifteen hundred square feet oflot area. An additional unit shall be allowed if excess lot area equals or exceeds seven hundred fifty square feet, after calculating the allowed number of units at fifteen hundred square feet of lot area per unit. The density on lots consolidated after the effective date of this Chapter with a total square footage greater than fifteen thousand square feet or exceeding a combined street frontage of one hundred fifty feet shall be one dwelling unit for each two thousand square feet of combined lot area, except where one hundred percent of the proposed units are deed restricted for very low, low, middle, and/or moderate income housing, in which case the density shall be one unit for each fifteen hundred square feet of lot area. No more than one dwelling unit shall be permitted on a lot four thousand square feet or less in size. (c) Maximum Lot Coverage. Fifty percent. Sixty percent for development projects of six units or more which comply with the density bonus provisions of prior code Section 9047.3. (d) Minimum Lot Size. Five thousand square feet. Each lot shall contain a minimum depth of one hundred fee.t and a minimum width of fifty feet, except that lots existing on the effective date of this Chapter shall not be subject to this requirement. (e) Front Yard Setback. Twenty feet or fifteen feet ifthe average setback of adjacent dwelling(s) is fifteen feet or less. A one-story, covered or uncovered porch open on three sides may encroach six feet into a front yard with a J:v.tenty-foot set~ack, if the roof does not exceed a height of fourteen feet (Santa Monica Supp. No. 53, 5-07)
9.04.08.52.060 Santa Monica Municipal Code and the porch width does not exceed forty percent of the building width at the front of the building. (f) Rear Yard Setback. Fifteen feet. (g) Side Yard Setback. (I) The side yard setback for that portion of a building with a secondary window, blank wall, or primary window on a side yard facing the street (i.e., on a comer lot) shall be determined in accordance with the following formula, subject to the exceptions set forth below: 5' + (stories x lot width) 50' (a) On lots ofless than fifty feet in width, the side yard shall be ten percent of the parcel width but not less than four feet. (b) On comer lots fifty feet or greater in width, the side yard setback facing a street shall be a minimum of ten feet. Covered or uncovered stairways or porches not exceeding thirty-five percent of the building frontage on the side street may encroach five feet into the required side yard. (2) The side yard setback for that portion of a building with a primary wind<?w shall be as follows: (a) For lots less than fifty feet in width, a minimum setback of eight feet shall be provided, as long as at all times a ' twelve-foot separation exists between the primary window and any adjacent structures; (b) For lots fifty feet or greater in width, a minimum setback of twelve feet shall be provided. (3) The second floor side yard setback above a primary window shall not project more than two feet into the required side yard setback. (h) Building Spacing. Buildings that face each other on the same lot shall be separated by the following minimum distances: fifteen feet if one building has primary windows facing the other; twenty-five feet when the windows of primary spaces in both buildings face each other on the ground or second level, except fifteen feet when they are visually separated by a solid wall or opaque fence over five feet six inches in height; ten feet when secondary windows face each other or when a secondary window faces a blank wall. (i) Landscaping. All areas not covered by buildings, driveways, and sidewalks are to be covered by appropriate landscaping. All new construction that requires issuance of a building permit shall be subject to the provisions of Part 9.04.10.04 of this Chapter. (j) Usable Private Open Space. All ground-level units shall have the following minimum amounts of usable private open space per unit: one hundred square feet for projects consisting of at least two but not more than seven dwelling units, and fifty square feet for projects of eight units or more. Private open space shall include a deck, yard, patio or combination thereof, which is adjacent to, accessible from, and at the same or approximate elevation as one or more primary spaces. The minimum dimension of at least one such private open space shall be no less than seven feet in any dimension. Private open space shall be screened from (Santa Monica Supp. No. 53, 5-07) 450 common open space, driveways and adjacent properties by a substantially opaque wall or fence a minimum of three feet six inches and a maximum of six feet in height, except in the front yard setback area. Required private open space may be reduced by one square foot for each additional square foot of common open space added but in no case leaving less than fifty feet of required private space. All second floor units shall have a balcony or deck of fifty square feet or more, with a minimum dimension of no less than seven feet in any dimension, which is adjacent to, accessible from, and at the same or approximate elevation as one or more primary spaces of the unit to be served. Roof decks do not meet this requirement. The railing of the balcony or deck shall be substantially opaque to protect the privacy of occupants. First floor private open space may project into the entire width of the side yard, and ten feet into the required depth of the rear yard. Private open space may project six feet into the required front yard as long as its width does not exceed thirty percent of the building width at the front of the building. (k) Usable Common Open Space. Projects of four or more units shall include a minimum of one hundred square feet per unit of usable common open space, accessible and available to all project residents for outdoor activities. Courtyards, entry areas for two or more units, lawns and play spaces which are physically separated from private open space, and active recreation spaces such as swimming pools and sports courts, shall count toward fulfillment of this requirement. The rear yard may count toward fulfillment of the common open space requirement, provided it is usable and accessible. Side yards and portions o( driveways which are decorated or interspersed with lawn or other acceptable groundcover may meet a portion of the requirement, subject to architectural review, pursuant to Part 9.04.10. The minimum dimension of at least one such space shall be ten feet in any direction. Any practical combination of lawn, paving, decking, concrete or other serviceable dust-free material shall be used to sutface common open space areas, with a slope of not more than five percent. A minimum of thirty percent of the common open space area shall include lawn or other acceptable groundcover. Required open space may not include public or private streets, driveways, or utility easements where the ground surface cannot be used appropriately for open space or front yards. Required common open space may be reduced by one square foot for each additional square foot of. private open space added beyond the required private open space. (I) Development Review. Except for projects listed in Section 9.04.10.14.050(b), a development review permit is required for any development of more than fifteen thousand square feet of floor area. (Prior code § 9038.6; amended by Ord. No. 1514CCS, adopted2/27/90; Ord. No. 1750CCS § 23, adopted 6/28/94; Ord. No. 2217CCS § 10, adopted 1/23/07)
Santa Monica Municipal Code 9.04.08.52.070 9.04.08.52.070 Architectural review. All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building pennit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Article. (Prior code§ 9038.7; added by Ord. No. 1496CCS, adopted 9/26/89) Part 9.04.08.54 OP-4 Ocean Park Multiple Residential District 9.04.08.54.010 Purpose. The OP-4 District is intended to provide a medium density multiple family residential neighborhood (to thirty-five dwelling units per gross residential acre) free of disturbing noises, excessive traffic, and hazards created by moving automobiles. The OP-4 district is designed to prevent burden on the public facilities, including sewer, water, electricity and schools by an influx and increase of people to the degree larger than the City's geographic limits, tax base or financial capabilities can reasonably and responsibly accommodate. The OP-4 district affords protection from deleterious environmental effects and serves to maintain and protect the existing character and state of the residential neighborhood. (Prior code§ 9039.1; added by Ord. No. 1496CCS, adopted 9/26/89) 9.04.08.54.020 Permitted uses .. The following uses shall be pennitted in the OP-4 District. (a) Congregate housing. (b) Domestic violence shelters. (c) Hospice facilities. (d) Multi-family dwelling units. (e) One-story accessory buildings and structures up to fourteen feet in height. (f) Public parks and playgrounds. (g) Senior housing. (h) Senior group housing. (i) Single room occupancy housing. G) Single family dwellings placed on a pennanent foundation (including manufactured housing). (k) Small family day care homes. (!) Transitional housing. (m) Yard sales, limited to two per calendar year, for each dwelling unit, for a maximum of two days. (Prior code § 9039.2; added by Ord. No. 1496CCS, adopted 9/26/89; amended by Ord. No. 1750CCS § 24 (part), adopted 6/28/94) 9.04.08.54.030 Uses subject to performance standards permit. The following uses may be pennitted in the OP-4 District subject to the approval of a Performance Standards Permit: (a) Large family day care homes. (b) One-story accessory living quarters, up to fourteen feet in height, on a lot having a minimum area often thousand square feet. 451 (c) Private tennis courts. (Prior code§ 9039.3; added by Ord. No. 1496CCS, adopted 9/26/89; amended by Ord. No. 1750CCS § 24 (part), adopted 6/28/94) 9.04.08.54.040 Conditionally permitted uses. The following uses may be permitted in the OP-4 District subject to the approval of a Conditional Use Pennit: (a) Bed and breakfast facilities. (b) Boarding houses. (c) Child day care centers. (d) Club or lodges. (e) Community care facilities. (f) Libraries. (g) Municipal parking structures. (h) Neighborhood grocery stores. (i) Offices and meeting rooms for charitable, youth, and welfare organizations. (j) One-story accessory buildings over fourteen feet in height or two story accessory buildings up to a maximum height of twenty-four feet. (k) Places of worship. (1) Residential care facilities. (m) Rest homes. (n) Schools. ( o) Shelters for the homeless. (p) Underground parking structures provided the lot was occupied by a surface parking lot at the time of adoption of this Chapter, the lot is not adjacent to a lot in the C2 District, the ground level above the underground parking structure is used for residential or public park and open space uses, the structure ·is associated with an adjacent commercially zoned lot, and the vehicle access to the underground parking is from the commercially zoned lot and as far from the residentially zoned lot as is reasonably possible. (Prior code § 9039.4; added by Ord. No. 1496CCS, adopted 9/26/89) 9.04.08.54.050 Prohibited uses. (a) Rooftop parking. (b) Any use not specifically authorized. (Prior code § 9039.5; added by Ord. No. 1496CCS, adopted 9/26/89) 9.04.08.54.060 Property development standards. All property on the OP-4 Ocean Park High Multiple Residential District shall be developed in accordance with the following standards: (a) Maximum Building Height. Three stories, not to exceed thirty-five feet as measured from theoretical grade. There shall be no limit on the number of stories of any affordable housing project, as long as the building height does not exceed the maximum number of feet permitted in this Section. (b) Maximum Unit Density. One dwelling unit for each twelve hundred fifty square feet.oflot area. An additional unit shall be allowed if excesS lot area equals or exceeds six hundred twenty-five square feet, after calculating the allowed number of units at twelve-hundred fifty square feet oflot area per unit. (Santa Monica Supp. No. 53, 5-07)
9.04.08.54.060 Santa Monica Municipal Code (c) Maximum Lot Coverage. Fifty percent. Sixty percent for development projects which comply with the density bonus provisions of prior code Section 9047.3. (d) Minimum Lot Size. Five thousand square feet. Each lot shall contain a minimum depth of one hundred feet and a minimum width of fifty feet, except that lots existing on the effective date the ordinance codified in this Chapter shall not be subject to this requirement. (e) Front Yard Setback. Fifteen feet minimum, or ten feet minimum if the average setback of adjacent dwelling(s) is ten feet or less. An open one.,-story, covered or uncovered porch open on three sides may encroach six feet into a front yard with a fifteen-foot setback, if the roof does not exceed a height of fourteen feet and the porch width does not exceed forty percentofthe building width at the front of the building. (t) Rear Yard Setback. Fifteen feet. ·(g) Side Yard Setback. (1) The side yard setback for that portion of a building with a secondary window, blank wall, or primary window on a side yard facing the street (i.e., on a corner lot) shall be determined in accordance with the following formula, subject to the exceptions set forth below: 5' + (stories x lot width) 50' (A) On lots of less than fifty feet in width, the side yard shall be ten percent ofthe parcel width but not less than four feet. (B) On comer lots fifty feet or greater in width, the side yard setback facing a street shall be a minimum of ten feet. Covered or uncovered stairways or porches not exceeding thirty-five percent of the building frontage on the side street may encroach five feet into the required side yard. (2) The side yard setback for that portion of a building with a primary window shall be as follows: (A) For lots less than fifty feet in width, a minimum setback of eight feet shall be provided, as long as at all times a: twelve-foot separation exists between the primary window and any adjacent structures; (B) For lots fifty feet or greater in width, a minimum setback of twelve feet shall be provided. (3) The second floor side yard setback above a primary window shall not project more than two feet into the required side yard setback. (h) Building Spacing. Buildings that face each other on the same lot shall be separated by the following minimum distances: fifteen feet if one building has primary windows facing the other; twenty-five feet when the windows of primary spaces in. both buildings face each other on the ground or second level, except fifteen feet when they are visually separated by a solid wall or opaque fence over five feet six inches in height; ten feet when secondary windows face each other or when a secondary window faces a blank wall. (i) Landscaping. All areas not covered by buildings, driveways and sidewalks are to be covered by appropriate landscaping. All new construction that requires issuance of a (Santa Monica Supp. No. 53, 5-07) 452 building permit shall be subject to the provisions of Part 9.04.10.04 of this Chapter. Ul Usable Private Open Space. All ground-level units shall have the follOwing minimum amounts ·of usable private open space per unit: one hundred square-feet for projects consisting of at least two but not more than seven dwelling units, and fifty square feet for projects of eight units or more. Private open space shall include a deck, yard, patio or combination thereof, which is adjacent to, accessible from,. and at the same or approxin:tate elevation as one or more primary spaces. The minimum dimension of at least one such private open space shall be no less than seven feet in any dimension. Private open space shall be screened from common open space, driveways and adjacent properties by a substantially opaque wall or fence a minimum of three feet six inches and a maximum of six feet in height, except in the front yard setback area. Required private open space may be reduced by one square foot for each additional square foot of common open space added but in no case leaving less than fifty feet of required private space. All second floor units shall have a balcony or deck of fifty square feet or more, with a minimum dimension of no less than seven feet in any dimension, which is adjacent to, accessible from, and at the same or approximate elevation as one or more primary spaces of the unit to be served. Roof decks do not meet this requirement. The railing of the balcony or deck shall be substantially opaque to protect the privacy of occupants. First floor private open space may project into the entire width of the side yard, and ten feet into the required depth of the rear yard. Private open space may project six feet into the required front yard as long as its width does not exceed thirty percent of the building width at the front of the building. (k) Usable Common Open Space, Projects of four or more units shall include a minimum of one hundred square feet per unit of usable common open space, accessible and available to all project residents for outdoor activities. ·courtyards, entry areas for two or more units, lawns and play spaces which are physically separated from private open space, and active recreation spaces such as swimming· pools and sports courts, shall count toward fulfillment of this requirement. The rear yard may count toward fulfillment of the common open space requirement, provided it is usable and acceSsible. Side yards and portions of driveways which are decorated or interspersed with lawn or other acceptable groundcover may meet a portion of the requirement, subject to architectural review, pursuant to Part 9.04.1 0. The minimum dimension of at least one such space shall be ten feet in any direction. Any praCtical ·combination of lawn, paving, decking, concrete or other serviceable dust free material shall be used to surface common open space areas, with a slope of not more than five percent. A minimum of thirty percent of the common. open space area shall include lawn or other acceptable groundcover. Required open space may not include public or private streets, driveways or utility easements where the ground surface cannot be used appropriately for open space or front yards.
Santa Monica Municipal Code 9.04.08.54.060 Required common open space may be reduced by one square foot for each additional square foot of private open space added beyond the required private open space. (l) Development Review. Except for projects listed in Section 9.04.10.14.050(b), a development review permit is required for any development of more than fifteen thousand square feet of floor area. (Prior code § 9039.6; amended by Ord. No. l514CCS, adopted2127/90; Ord. No. l750CCS § 25, adopted 6/28/94; Ord. No. 2217CCS § ll, adopted 1/23/07) 9.04.08.54.070 Architectural review. All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a ~uilding permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Article. (Prior code§ 9039.7; added by Ord. No. 1496CCS, adopted 9/26/89) Part 9.04.08.58 DP Designated Parks District 9.04.08.58.010 Purpose. The DP Designated Parks District is designed to protect and preserve parks and recreational facilities in the City. (Added by Ord. No. 1659CCS § l (part), adopted 12/8/92) 9.04.08.58.020 Permitted uses. The following uses shall be permitted in the DP District: (a) Public parks, playgrounds, recreational buildings and facilities. (b) Public athletic fields and facilities including, but not limited to baseball/softball diamonds, basketball courts, volleyball courts, swimming pools, and gymnasia. (c) Public commuriity centers and auditoriums. (d) Public parking for park use. (e) Concession stands. (f) Special events as approved by the City of Santa. Monica. (Added by Ord. No. !659CCS § 1 (part), adopted 12/8/92) 9.04.08.58.030 Uses subject to performance standards permit. None. (Added by Ord. No. l659CCS § 1 (part), adopted 12/8/92) 9.04.08.58.040 Conditionally permitted uses. The following uses may be permitted in the DP District subject to the approval of a conditional use permit: (a) Civic theaters. (b) Open air farmers market. (c) All uses other than specifically prohibited uses, that are determined by the Zoning Administrator to be similar and consistent with those uses specifically permitted or conditionally permitted. (Added by Ord. No. l659CCS § 1 (part), adopted 12/8/92) 9.04.08.58.050 Prohibited uses. (a) Residential uses. (b) Commercial uses other than concession stands. 453 (c) Industrial uses. (d) Any use not listed as a permitted or conditionally permitted use. (Added by Ord. No. 1659CCS § l (part), adopted 12/8/92) 9.04.08.58.060 Property development standards. Construction of any structure over one thousand square feet shall require a development review permit. (Added by Ord. No. 1659CCS § I (part), adopted 12/8/92) 9.04.08.58.070 Architectural review. All new construction, new additions to existing buildings, and any other exterior improvement that requires issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Article. (Added by Ord. No. 1659CCS § I (part), adopted 12/8/92) Part 9.04.08.60 BP Beach Parking District. 9.04.08.60.010 Purpose. The Beach Parking District is designed to protect and preserve existirig public beach parking within the Coastal Zone. (Added by Ord. No. 1659CCS § 1 (part), adopted 12/8/92) 9.04.08.60.020 Permitted uses. The following uses shall be permitted in the BPD District: (a) Public surface parking. (b) Open space. (c) Concession stands. (d) Special events as approved by the City of Santa Monica. (Added by Ord. No. 1659CCS § 1 (part), adopted 12/8/92) 9.04.08.60.030 Uses subject to performance standards permit. None. (Added by Ord. No. 1659CCS § 1 (part), adopted 12/8/92) 9.04.08.60.040 Conditionally permitted uses. (a) Open air farmers market. (b) All uses other than specifically prohibited uses, that are determined by the Zoning Administrator to be similar and consistent with those uses specifically permitted or conditionally permitted. (Added by Ord. No. 1659CCS § 1 (part), adopted 12/8/92) 9.04.08.60.050 Prohibited uses. (a) Residential uses. (b) Commercial uses other than concession stands. (c) Industrial uses. (d) Any use not listed as a permitted or conditionally permitted use. (Added by Ord. No. !659CCS § 1 (part), adopted 12/8/92) 9.04.08.60.060 Property development standards. Construction of any structure shall require a development review permit. Development standards shall be the same as (Santa Monica Supp. No. 53, 5-07)
9.04.08.60.060 Santa Monica Municipal Code the RVC development standards for Pacific Coast Highway. (Added by Ord. No. 1659CCS § 1 (part), adopted 12/8/92) 9.04.08.60.070 Architectural review. All new construction, new additions to existing buildings, and any other exterior improvement that requires issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Article. (Added by Ord .. No. 1659CCS § 1 (part), adopted 12/8/92) Part 9.04.08.62 R2B Low Density Multiple Residential Beach District 9.04.08.62.010 Purpose. The R2B Beach District is intended t~ provide a low density multiple family residential neighborhood (0-29 dwelling units per net residential acre). The R2B Beach District is designed to prevent burdens on public facilities, including sewer, water, electricity and schools, caused by an increase in population, from exceeding that which the City's geographic limits, tax base or financial capabilities can reasonably and responsibly accommodate. The R2B Beach District is designed to prevent deleterious environmental effects and to maintain and_ protect the existing character and state ofthe residential neighborhood in the beach area. (Added by Ord. No. 1659CCS § 1 (part), adopted 12/8/92) 9.04.08.62.020 Permitted uses. The following uses shall be permitted in the R2B District: (a) Congregate housing. (b) Domestic violence shelters. (c) Hospice facilities. (d) One single family dwelling per lot placed on a permanent foundation including manufactured housing. (e) One-story accessory buildings and structures up to fourteen feet in height. (f) Public parks and playgrounds. (g) Second dwelling unit. (h) Senior housing. (i) Senior group housing. Ul Single room occupancy housing. (k) Small family day care homes. (1) State authorized, licensed, or certified uses to the extent required to be permitted by State Law. (m) Transitional housing. (n) Yard sales, limited to two per calendar year, for a maximum of two days. (Added by Ord. No. 1659CCS § 1 (part), adopted 12/8/92; amended by Ord. No. 1750CCS § 26 (part), adopted 6/28/94; amended by Ord. No. 1942CCS § 10, adopted 5/11/99) 9.04.08.62.030 Uses subject to performance standards permit. The following uses may be permitted in the R2B Beach District subject to the approval of a performance standards permit: (a) Large family day care homes. (Santa Monica Supp. No, 53, 5-07) 454 (b) One-story accessory living quarters, up to fourteen feet in height, on a parcel having a minimum area of ten thousand square feet. (c) Private tennis courts. (Added by Ord. No. 1659CCS § 1 (part), adopted 12/8/92; amended by Ord. No. 1750CCS § 26 (part), adopted 6/28/94) 9.04.08.62.040 Conditionally permitted uses. The following uses may be permitted in the R2B Beach 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) Offices and meeting rooms for charitable, youth, and welfare organizations. (f) One-story accessory building over fourteen feet in height or two story accessory building up to a maximum of twenty-four feet. (g) Schools. (Added by Ord. No. 1659CCS § 1 (part), adopted 12/8/92) 9.04.08.62.050 Prohibited uses. (a) Rooftop parking. (b) Any use not specifically authorized. (Added by Ord. No. 1659CCS § 1 (part); adopted 12/8/92) 9.04.08.62.060 Property development standards. All property in the R2B Beach District shall be developed . in accord<}nce with the following standards: (a) Maximum Building Height. Maximum building height shall be forty feet, except that: (i) No portion ofthe building may project beyond the site view envelope. The site view envelope is a theoretical plane beginning mid-point at the minimum required beach setback line and extending to a height of thirty feet, and then running parallel with the side parcel lines to a point located five feet in height above the top ofthe Palisades bluff immediately behind the pedestrian railing. (ii) No portion of the building above twenty-three feet for a flat roof, and thirty feet for a pitched roof may exceed thirty feet in width. Multiple projections above twenty-three feet for a flat roof and thirty feet for a pitched roof shall be separated by a minimum twenty-foot wide unobstructed view ·corridor. No projections, connections, or mechanical equipment may be placed in the vfew corridor. (b) Maximum Unit Density. For parcels four thousand sqt.J-are feet or more, the maximum unit density shall be one dwelling unit for each one thousand five hundred square feet of parcel area. For parcels less than four thousand square feet, no dwelling units shall be permitted, except that one dwelling unit may be permitted on any legal parcel which existed on September 8, 1988. No more than one dwelling unit shall be permitted on a parcel forty feet or less in width. (c) Maximum Parcel Coverage. Fifty percent of the parcel area. (d) Front Yard Setback. The minimum required front yard setback shall be either twenty feet or shall comply with
Santa Monica Municipal Code 9.04.08.62.060 the minimum front yard setback for the district as set forth in the Official Districting Map, whichever area is greater. At least thirty percent of the building elevation above fourteen feet in height shall provide an additional five-foot average setback from the minimum required front yard setback. (e) Beach Rear Yard Setback. Fifteen feet for parcels one hundred feet or less in depth and fifty-five feet for parcels over one hundred feet in depth. · (f) Side Yard Setback. The minimum required side yard setback shall be determined in accordance with the following formula, except that for lots of less than fifty feet in width, the minimum required side yard shall be ten percent of the parcel width, but in any event not less than four feet: 5' + (stories X lot width) 50' At least twenty-five percent of the side elevation above fourteen feet in height shall provide an additional four-foot average setback from the minimum required side yard setback. (g) Minimum Parcel Size. Five thousand square feet. Each parcel shall contain a minimum depth of one hundred feet and a minimum width of fifty feet, except that parcels existing on September 8, 1988 shall not be subject to this requirement. (h) Development Review. Except for projects listed in Section 9.04.1 0.14.050(b ), a development review permit shall be required for any development of fifteen thousand square feet or more in floor area. (i) View Corridor. A structure with seventy square feet or more of frontage parallel to Pacific Coast Highway shall provide an unobstructed view corridor between Pacific Coast Highway and the ocean. The view corridor shall be a minimum of twenty feet in width and forty feet in height measured from the property line parallel to the Pacific Coast Highway. G) Parking. Notwithstanding Section 9.04.10.08.190, uncovered parking may be located in the front half of the parcel and within the minimum required front yard setback. (k) Private Open Space. Any project containing four or more residential dwelling units shall provide the following minimum open space: olJ_e hundred square feet per unit for projects with four or ~ve units, and fifty square feet per unit for projects of six units or inore. For purposes of this requirement, "residential dwelling unit" shall mean any unit three hundred seventy-six square feet in area or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space. (Added by Ord. No. 1659CCS § I (part), adopted 12/8/92; amended by Ord. No. 1767CCS § 7, adopted 9/13/94; Ord. No. 1839CCS § I, adopted2/13/96; Ord. No. 2217CCS § 6, adopted 1/23/07) 9.04.08.62.070 Architectural review. All new construction, new additions to existing buildings, and any other exterior improvement that requires issuance of a building permit shall be subject to architectural review 455 pursuant to the provisions of Chapter 9.32 of this Article. (Added by Ord. No. 1659CCS § I (part), adopted 12/8/92) Part 9.04.08.64 RJR Medium Density Multiple Family Coastal Residential District 9.04.08.64.010 Purpose. The R3R District is intended to provide a broad range of housing within medium density multiple family residential neighborhoods (zero to thirty-five dwelling units per net residential acre) free of disturbing noises, excessive traffic and hazards created by moving automobiles. The R3R District is designed to prevent burdens on public facilities, including sewer, water, electricity and schools, caused by an increase in population, from exceeding that which the City's geographic limits, tax base or financial capabilities can reasonably and responsibly accommodate. The R3R District is designed to prevent deleterious environmental effects and to maintain and protect the existing character and state of the residential neighborhood adjacent to the beach. (Added by Ord. No. 1659CCS § 1 (part), adopted 12/8/92) 9.04.08.64.020 Permitted uses. The following uses shall be permitted in the R3R District: (a) Congregate housing. (b) Domestic violence shelters. (c) Hospice facilities. (d) Multi-family dwellings. (e) One-story accessory buildings and structures up to fourteen feet in height. (f) Public parks and playgrounds. (g) Senior housing. (h) Senior group housing. (i) Single family dwellings placed on a permanent foundation (including manufactured housing). U) Single room occupancy housing. (k) Small family day care homes. (I) Transitional housing. (m) Yard sales, limited to two per calendar year, for each dwelling unit, for a maximum of two days. (Added by Ord. No. 1659CCS § I (part), adopted 12/8/92; amended by Ord. No. 1750CCS § 27 (part), adopted 6/28/94) · 9.04.08.64.030 Uses subject to performance standards permit. The following uses may be permitted in the R3R Beach District subject to the approval of a performance standards permit: (a) Large family day care homes .. (b) One-story accessory living quarters, up to fourteen feet in height, on a parcel having a minimum area of ten thousand sqtiare feet. (c) Private tennis courts. (Added by Ord. No. I659CCS § I (part), adopted 12/8/92; amended by Ord. No. 1750CCS § 27 (part), adopted 6/28/94) (Santa Monica Supp. No. 53, 5-07)
9.04.08.64.040 Santa Monica Municipal Code 9.04.08.64.040 Conditionally permitted uses. The following uses may be permitted in the R3R 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) Homeless shelters. (g) Neighborhood grocery stores. (h) Offices and meeting rooms for charitable, youth, and welfare organizations. (i) One-story accessory buildings o~er fourteen feet in height or two-story accessory buildings up to a maximum height of twenty-four feet. U) 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 ofthis Chapter, the parcel is not adjacent 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. (n) Bicycle and skate rental facilities. (Ord. 1659CCS § 1 (part), adopted 12/8/92; amended by Ord. No. 1750CCS § 27 (part), adopted 6/28/94; Ord. No. 1815CCS § I, adopted 9/26/95) 9.04.08.64.050 Prohibited uses. (a) Rooftop parking. (b) . Any use not specifically authorized. (Ord. 1659CCS § 1 (part), adopted 12/8/92) 9.04.08.64.060 Property development standards. All property in the R3R District shall be developed in accordance with the following standards: (a) Maximum Building Height. Two stories, not to exCeed thirty feet, except that there shall be no limitath;m on the number of stories ·of any affordable housing project, as long as the building height does not exceed thirty feet. (b) Maximum Floor Area Ratio. 1.0. (c) Maximum Unit Density. For parcels of four thousand square feet or more, one dwelling unit for each one thous·and two hundred fifty square feet of parcel area shall be permitted for the following preferred permitted projects: one hundred percent affordable housing projects; projects that include the retention and preservation of a historic structure and that comply with the Secretary of Interior's Standards for the Treatment ofH~storic Properties; multi-family apartment units where twenty-five percent of the units are three bedrooms or larger, sixty-six percent of the rt?maining units are two bedrooms or larger and the project is registered with the USGBC to receive a LEED rating of silver or higher level; child day care centers; community care facilities; homeless (Santa Monica Supp. No. 53, 5-07) 456 shelters; congregate housing; domestic violence shelters; hospice facilities; large family day care homes; residential care facilities; senior group housing; senior housing; single family dwellings; and transitional housing. For all other projects on parcels of four thousand square feet or more, one dwelling unit for each one thousand five hundred square feet of parcel area shall be permitted. For parcels less than four thousand square feet, no dwelling units shall be permitted, except that one dwelling unit may be permitted if a single family dwelling \!Xisted on the parcel on September 8, 1988. (d) Maximum Parcel Coverage. Fifty percent of the parcel area. (e) Minimum Parcel Size. Five thousand square feet. Each parcel shall contain a minimum depth of one hundred feet and a minimum width of fifty feet, except that parcels existing on September 8, 1988 shall not be subject to this requirement. (f) Front Yard Setback. The minimum required front yard setback shall be either twenty feet, or shall comply with the minimum front yard setback for the district as set forth in the Official Districting Map, whichever area is greater. (g) Rear Yard Setback. Fifteen feet. (h) Side Yard Setback. The minimum required side yard setback shall be determined in accordance with the following formula, except that for lots ofless than fifty feet in width, the minimum required side yard setback shall be ten percent of the parcel width, b!lt in any event not less than four feet: 5' + (stories X lot width) 50' (i) Development Review. Except for projects listed in Section 9.04.10.14.050(b ), a development review permit shall be required for any development of twenty-two thousand five hundred square.feet or more in floor area. G) Private Open Space. Any project containing four or more residential dwelling units shall provide the following minimum open space: ·one hundred square feet per unit for projects with four or five units, and fifty square feet per unit for projects of six units or more. For purposes of this requirement, «residential dwelling unit" shall mean any unit three hundred seventy-six square feet in area or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space. (k) Upper-Level Step back Requirements. (1) Additional Front Step back Over Fourteen Feet in Height. For new structures or additions to existing structures, any portion of the front building elevation above fourteen feet exceeding seventy-five percent of the maximum buildable front elevation shall be stepped back from the front setback line an additional average· amount equal to four percent of parcel depth, but in no case resulting in a requirement stepback greater than ten feet. As used in this Section, "maximum buildable elevation" shall mean the maximum potential length of the elevation permitted under these regulations, which includes parcel width or length (as applicable), minus required minimum setbacks.
Santa Monica Municipal Code 9.04.08.64.060 (2) Additional Side Step back Over Fourteen Feet in Height. For new structures or additions to existing structures, any portion of the side building elevation above fourteen feet exceeding fiftY percent of the maximum buildable side elevation shall be stepped back from the side setback line an additional average amount equal to six peicent of parcel width, but in no case. resulting in a required stepback greater than ten feet. . . · (3) The upper"level stepback requirements may be modified sUbject to the review and approval of the Architectural Review Board if the Board finds that the modification will not be detrimental to the property, adjoining properties, or the general area in which the property is located, and the objectives of the stepback requirements are satisfied by the provision of alternative stepbacks or other features which reduce effectiVe mass to a degree comparable to the relevant standard requirement. (Ord. 1659CCS § 1 (part), adopted 12/8/92; amended by Ord. No. 1750CCS § 27 (part), adoP.ted 6/28/94; Ord. No. 1767CCS § 8, adopted 9113/94; Ord. No. 1791CCS § 4, adopted 3/21/95; Ord. No. 2207CCS § 3, adopted 10/3/06; · Ord. No. 2217CCS § 7, adopted 1/23/07) 9.04.08.64.070 Architectural review. All new construction, new additions to existing buildings, and any other exterior improvement that requires issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Article. (Ord. 1659CCS § 1 (part), adopted 12/8/92) Part 9.04.08.65 BR Boulevard Residential R-3 Overlay District 9.04.08.65.010 Purpose. The BR Boulevard Residential R-3 Overlay District is intended to protect the existing neighborhood character and ensure that new development is compatible with the surrounding residential areas along Ocean Park Boulevard from Lincoln Boulevard to 25th Street by limiting the scale of development to ensure compatibility with the existing neighborhood character. (Added by Ord. No. 1700CCS § 1 (part), adopted 8/1 0/93) 9.04.08.65..020 Permitted uses. The following uses shall be permitted in the BR Overlay District: (a) All uses listed as permitted uses within the residential district in which the parcel is located. (Added by Ord. No. 1700CCS § I (part), adopted 8/10/93) 9.04.08.65.030 Uses subject to performance standards. The following uses shall be permitted in the BR Overlay District subject to the approval of a Performance Standards Permit: (a) All uses listed as subject to a Performance Standards Permit in the residential district in which the parcel located. (Added by Ord. No. 1700CCS § 1 (part), adopted 8/10/93) 457 9.04.08.65.040 Conditionally permitted uses. The following uses shall be permitted in the BR Overlay District subject to the approval of a Conditional Use Permit:-(a) All uses listed as Conditionally Permitted Uses in the residential district in which the parcel is located. (Added by Ord. No. 1700CCS § 1 (part), adopted 8/10/93) 9.04.08.65.050 Prohibited uses. (a) Any use not specifically authorized. (Added by Ord. No. 1700CCS § 1 (part), ~dopted 8/10/93) 9.04.08.65.060 Property development standards. All property in the BR Overlay District shall be developed in accordance with the same standards as those listed for the underlying zoning district except for th.e following, if different: (a) .Maximum Building Height. Two stories, not to exceed thirty feet, except that there shall be no limitation on the number of stories of any affordable housing project, as long as allowed building height is not exceeded. (b) Maximum Unit Density. One dwelling unit for each one thousand two hundred fifty square feet of parcel area. No more than on_e dwelling unit shall be permitted on a parcel of less than four thousand square feet if a single family dwelling existed on the parcel on September 8, 1988. (c) Maximum Parcel Coverage. Fifty percent. (d) Minimum Parcel Size. FiVe thousand square feet. Each parcel shall contain a mi~imum depth of one hundred feet and a minimum width of fifty feet, except that parcels existing on September 8, 1988 shall not be subjec.t to this requirement. (e) Front Yard Setback. Twenty feet, or as shown on the Official Districting Map, whichever is greater: (f) Upper-Level Step back Requirements. (1) Additional Front Step back Over Fourteen Feet in Height. .For new st101ctures or additions to existing structures, any portion of the front bllilding elevation above fourteen feet exceeding seventy~five percent of the maximum ht,1ildable front elevation shall be stepped back from the front setback line an additional average amount equal to four pefcent of parcel depth, but in no case resulting in a requirement stepback greater th<in ten feet. As used in this Section, "maximum buildable elevation" shall mean the maximum potential length of the elevatio:n permitted under these regulations, which includes parcel width or length (as applicable), minus require9. minimum setbacks. (2) Additional Side Step back Over Fourteen Feet in Height. Foi-new ·structures or additions to existing structures, any portion of the side building elevation above fourteen feet exceeding fifty percent of the maximum buildable side elevation shall be stepped back from the side setback line an additional average amount equal to six percent of parcel width, but in no case resulting in a required stepback greater than ten feet. (3) The upper-level stepback requirements may be modified subject to the review and approval of the Architectural Review Board if the Board finds that the modification will not be detrimental to the property, (Santa Monica Supp. No. 68, 5-11}
9.04.08.65.060 Santa Monica Municipal Code adjoining properties or the general area in which the property is located, and the objectives of the stepback requirements are satisfied by the provision of alternative stepbacks or other features which reduce effective mass to a degi'ee comparable to the relevant standard requirement. (g) Side Yard Setback. (I) The side yard setback for lots ofless than fifty feet shall be ten percent of the parcel width but not less than four feet. (2) For lots fifty feet in width or greater, the side yard setback shall be determined in accordance with the following formula: 5' + (stories x lot width) 50' ·(h) Usable Private Open Space. All units shall have the following minimum amountS of usable private open space · per unit: one hundred square feet for projects with four or five units, and fifty square feet for projects of six units or more. Private open space shall include a deck, yard, pqtio or combination thereof, which is adjacent to, accessible from, and at the same or approximate elevation as the primary space. (Added by Ord. No. 1700CCS § I (part), adopted 8/10/93; amended by Ord. No. 1791CCS § 5, adopted 3/21/95; Ord. No. 1834CCS § 4, adopted 12/12/95) Subchapter 9.04.10 Project Design and Development Standards Part 9.04.10.02 General Requirements 9.04.10.02.010 Roof decks in the OP-Districts. In the OP-Districts, the handrail sun·ounding a roOf deck shall be set back a minimum of three feet from the edge of the building at the side and rear yards. (Prior code§ 9040.1; amended by Ord. No. 1514CCS, adopted 2/27/90) 9.04.10.02.020 Applicability. Any permit which authorizes new construction or substantial remodeling to an existing structure shall be subject to all applicable property development standards for the zoning district in which the project is to be located in addition to the project design and development staridards in this Subchapter, (Prior code § 9040.2) 9.04.10.02.030 Building height and exceptions to height limit. (a) The maximum allowable height shall be measured vertically from the average natural grade elevation to the highest point of the roof. However, in connection with development projects in the Ocean Park, R2, R3, and R4 · Districts, building height shall be measured vertically from the theoretical grade to the highest point of the roof. (b) The following shall he permitted to exceed the height limit in all zoning districts except the Rl District: (Santa Monica Supp. No. ,68, 5-11) 458 (I) Vents, stacks, ducts, SkYlights and steeples provided such projections.do not extend more than five feet above the permitted height in the district. (2) Legally required parapets, fire separation walls, and open work safety guard rails that do not exceed forty-two inches in height. (3) Elevator shafts, stairwells, or mechanical room enclosures above the roofline if: (A) The enclosure is used exclusively for housing the elevator, mechanical equipment, or stairs. (B) The elevator shaft does not exceed fourteen feet in height above the roofline and the stairwell enclosure does not exceed fourteen feet in height above the height permitted in the district. (C) The area of all enclosures and other structures identified in Section 9.04.1 0.02.030(b )(I) that extend above the roofline shall not exceed twenty-five percent of the roof area. This limitation shall not apply to solar energy systems. . (D) The mechanical equipment is screened in conformance with Section 9.04.10.02.140. (E) The mechanical equipment enclosure does not exceed twelve feet in height above the height permitted in the district. (4) The screening required pursuant to the provisions of Section 9.04.10.02.140 of tanks, ventilating fans, or other mechanical equipment required to operate and maintajn the building provided the total area enclosed by all screening .does not exceed thirty percent of the roof area. (c) The following shall be permitted to exceed the height limit in all zoning districts: (1) Chimneys may extend no more than five feet above . the permitted height in the district; · (2) Solar energy systems pursuant to Section 9.04.10.02.220; (3) One· standard television receive-only nonparabolic ant~nna and one vertical whip antenna may extend no more than twenty-five feet above the roofline, provided that they are not loCated. between the faCe· of the main building and any public street or in any required front or side yard setback. All other antennas shall be subject to the provisions of Part 9.04.10.06. (Prior code§ 9040.3; amended by Ord. No. 1476CCS, adopted 4/25/89; amended by Ord. No. 1496CCS, adopted 9/26/89; Ord. No. 1757CCS § 1, adopted 7/26/94; Ord. No. 2291CCS § 2, adopted 7/14/09) 9.04.10.02.040 Building volume envelope. All new buildings and additions to existing buildings except as specified below shall not project beyond the building volume envelope. The building volume envelope shall consist of a theoretical plane beginning at the street frontage extending to a height of thirty feet. Buildings above two stories or thirty feet shall comply with the following setbacks at the street frontage:· (a) Any portion of a structure between thirty-one to forty-five feet: Nine-foot average setback; (b) Any portion of a structure between forty-six to fifty-six feet: Eighteen-foot average setback; k ...
Santa Monica Municipal Code 9.04.10.02.040 (c) Any portion of a structure between fifty-seven to eighty-four feet: Twenty-seven-foot average setback. Notwithstanding the above, City-owned public parking structures shall instead be required to step back above the second floor a minimum of thirteen feet measured from the property line to the guard rail, with architectural treatments and stairs permitted to encroach into this stepback: (a) up to the property from grade to the fourth floor; (b) up to ten feet from the fifth floor to sixth floor; and (c) up to seven feet from the seventh floor and above. (Prior code § 9040.4; amended by Ord. No. 2351CCS § 3, adopted 3/22/11) 9.04.10.02.050 Build-to-line. Notwithstanding other provisions of this Chapter, for, all new buildings or additions tO the front or street side of existing buildings in the C2 and C3C Districts, up to fifty percent of the front or street side fayade area of the first floor, or first and second floors in buildings with more than one floor, may extend to the front or side street property line so that the building visually reinforces the building fa9ade line of the street. The building may be set back from the front or street side property line to accommodate shop entrances, arcades, plazas, sidewalk cafes, other approved urban design amenit~es, or landscaping required pursuant to the provisions of Part 9.04.10.04. (Prior code § 9040.5; .amended by Ord. No. l476CCS, adopted 4/25/89) 9.04.10.02.060 Floor setbacks in commercial and industrial buildiOgs. This Section shall apply to all new commercial and industrial buildings, or additions to such buildings, located on parcels which abut directly or are located across an alley from a residentially zoned parcel not used for commercial parking purposes. In addition to all other setbacks required in the property development standards for the district in which the project is located, the following floors shall be set back from the property line that abuts or is located across the alley from the residentially zoned parcel in order to provide a transition in scale between the commercial and residential development: (a) For commercial projects adjacent to an R2 District, the third and fourth floors shall be Set back a minimum of ten feet from the required rear yard or side yard setback and the fifth and sixth floors shall be set back a minimum of twenty feet from the reqUired rear yard or side yard setba~k. (b) For commercial projects adjacent to an R3 District, the fourth floor shall be set back a minimum often feet from the required rear yard or side yard setb.ack a.nd the fifth and sixth floors shall be set back a minimum of twenty feet from the required rear yard or side yard setback. (c) For commercial projects adjacent to an R4 District, the fifth and sixth floors shall be set back a minimum often feet from the required reaf yard or side yard setback. (Prior code§ 9040.6) 9.04.10.02.061 Homeless shelters. Homeless shelters located in any district shall comply with the following development standards: 458-l (a) Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and pl!blic rights-of-way, and of an intensity compatible with the neighborhood. (b) Laundry Facilities. The development shall provide laundry facilities or services adequate for the number of residents. (c) Common Facilities. The development may provide one or more of the following specific common faci1ities for the exclusive use of the residents and staff: (I) Central cooking artd dining room(s). (2) Recreation room. (3) Counseling center. ( 4) Child care facilities. (5) Other support services. (d) Security. Parking and outdoor facilities shall be designed to provide security for residents, visitors and employees. (e) Outdoor Activity. For the purposes of noise abatement in residential districts, organized outdoor activities may only be conducted between the hours of eight a.m. and ten p.m. (f) Refuse. Homeless shelters shall provide a refuse storage area that is completely encloSed with masonry walls not less than five feet high with a solid-gated opening and that is large enough to accommodate a standard-sized trash bin adequate for use on the parcel, or other enclosures as approved by the Director of General Services and the Architectural Review Board. The refuse enclosure shall be accessible to refuse collection vehicles. (g) Homeless Shelter Provider. The agency or organization operating the shelter shall comply with the , following requirements: (I) Temporary shelter shall be available to residents for no more than six months. (2) Staff and services shall be provided to assist residents to obtain permanent shelter and income. (3) The provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to insure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents. (h) Maximum Unit Density. Homeless shelters located in residential districts, when not developed in an individ~ml dwelling unit format, shall not be subject to the underlying zoning district's maximum unit density standard, but the number ofbeds shall be limited to three times the maximum number of dwelling units which would otherwise be permitted. (Ord. No. 1687CCS § 10, adopted 6/22/93; amended by Ord. No. l750CCS § 28, adopted 6/28/94) 9.04.10.02.070 Reflective materials. No more than twenty-five percent of the surface area of any fayade on anY new building or addition to an existing building shall contain black or mirrored glass or other mirror-like material that is highly reflective. Materials for (Santa Monica Supp. No. 68, 5-ll)
9.04.10.02.070 Santa Monica Municipal Code roofing shall be of a nonreflective nature. The foregoing requirements of this Section sha11 not apply to solar energy systems; the design of solar energy systems shall be subject to the standards set forth in Section 9.04.1 0.02.220. At least fifty percent ofthe ground floor fa9ade on the primary street frontage in the C2, C3, N, and C3-C Districts shall provide visibility to the interior of the building. Glazing on the ground floor street frontage fa9ade shall be clear glass. (Prior code§ 9040.7; amended by Ord. No. 2291CCS § 3,adopted 7114/09) 9.04.10.02.080 Fence, wall, hedge, flagpole. Subject to the hazardous visual obstruction requirements of Section 9.04.10.02.090, any fence, wall, hedge or flagpole shall comply with the following standards: (a) Maximum Heights in Front Yard Area. (I) Hedges, fences and walls shall not exceed forty-two inches in height. (2) One pergola or similar feature limited to eight feet in height and width, and three feet in depth shall be permitted. Gates . or doors shall be permitted within the ~rame of pergolas or similar features. (;l) . Ornamental attachments atop a fence, wall, or hedge shall be permitted up to twelve inches aboVe the maximum height limit with a maximum width of twelve inches for each attachment and a minimum distance of five feet between each attachment. (4) A guardrail may exceed the maximum height limit for a fence or wall, but only to the minimum extent required for safety by the Building Code. Safety guardrails must be at least fifty percent visually transparent above the fence or wall height limit. For the purpose of regulating the height offences, walls, and hedges, the front yard area shall be considered to be the area between the front property line and the nearest building wall or front setback line, whichever is the shorter distance. (b) Maximum Heights in Side and Rear Yards. (I) A hedge shall not exceed . twelve feet in height, except that there shall be no height limit for hedges adjacent to and located within ten feet of an alley, measured petpendicularly from the side or rear property line that is adjacent to the alley. (2) Fences and walls shall not exceed eight feet in height. (3) A guardrail may exceed the maximum height limit for a fence, but only to the minimum extent reqUired for safety by the Building Code. Safety guardrails must be at least fifty percent visually transparent above fence height· limit. (c) Measuring Heights. The height of a fence, wall, or hedge shall be measured from the lowest finished grade directly adjacent to either side of the fence, wall, or hedge. Each terraced fence, wall or hedge, or combination thereof, shall be set back a minimum distance from each other equal to the height of the riearest fence, wall or hedge. (d) Height Modifications-Administrative Process. A property owner may requeSt that the Zoning Administrator administratively grant a modification to the height limit of a (Santa Monica Supp. No. 68, 5-11) 458-2 proposed side or.rear fence, wall, or hedge provided the height modification does not extend more than four feet above the height limit established in subsection (b) of this Section. The Zoning Administrator ITI"!Y grant this modification request if the following findings of fact are made: (I) The adjacent property owner(s) that share a common property line nearest to the fence, wall or hedge have agreed to the proposed increase in height. (2) The adjacent property owner(s) have provided verification of ownership in the adjacent property, have executed a notarized letter agreeing to the proposed height modification, and have agreed that notice of the modification . determination can be recorded on their property with the Los Angeles County Recorder's Office. The Zoning Administrator modification determination is not appealable and shall be recorded with the Los Angeles County· Recorder's Office on each property. (e) Height Modification-Discretionary Process. If an adjacent affected owner does not agree to a proposed fence, wall, or hedge height modification in accordance with subsection (d) of this SeCtion or if a property owner requests a height modification in excess of four feet in the side or rear yards or anY modification to the height limits in the front yard area, the owner may request that the Zoning Administrator grant a height modification to allow greater fence, wall, or hedge height in the front, side, or rear yard of the subject property based on the following findings: (I) The subject fence, wall, or hedge will be compatible with other similar structures in the neighborhood and is required to mitigate impacts from adjacent land -uses, the subject property's proximity to public rights-of-way, or safety concerns. (2) The granting of such modification will not be detrimental or injurious to the property or improvements in the _general vicinity and district in which the property is located. (3) The modification will not impair the integrity and character of the neighborhood in which the ferice, wall, or hedge is located. This modification process shall be conducted in accordance with Santa Monica Municipal Co.de Section 9.04.20.10.040. However, the variance application findings set forth in Section 9.04.20.1 0.050 shall not be required. The decision of the Zoning Administrator may be appealed to the Planning Commission within fourteen consecutive calendar days of the date the decision is made in the manner provided in Part 9.04.20.24, Sections 9.04.20.24.010 through 9.04.20.24.050. (f) Registered Existing Nonconforming Fences, Walls and Hedges. All existing nonconforming hedges, fences and walls that were properly registered with the City by November 15, 2007 in accordance with Interim Ordinance Number 2236 (CCS) and the Administrative Guidelines to Register Existing Nonconforming Fences, Walls and Hedges, adopted thereto, shall be grandparented at their height as of August 26, 2005 unless an objection was granted in accordance with the procedures established in
Santa Monica Municipal Code Interim Ordinance Number 2169 (CCS) or Interim Ordinance Number 2268 (CCS). (g) Repairs and Replacements of Registered Nonconforming Fences, Walls and Hedges. Properly registered nonconforming fences, walls, and hedges may be repaired or replaced and still retain their grandparented right 458-2.1 9.04.10.02.080 (Santa Monica Supp. No. 68, 5-11)
Santa Monica fvluniCipal_Code 9.04.l0.02.080 to their August 26, 2005 height if the repair or replacement is undertaken with in-kind vegetation or building material, as appropriate, and if it is installed or planted within five years after the gran,dparented fence, wall or hedge h8s been removed. Additiona!ly, pt:operly registered hedges may be trimmed to any height and still retain their grandparented right to their August 26, 2005 height. (h) Flagpoles. Freestanding flagpoles may not exceed the height restrictions of the district in which they are located . . (i) Encroaching Hedges. The owner of a hedge shall maintain the hedge so that it doeS not encroach onto the property of an adjoining property owner. If any portion of a hedge, including its roots, encroac.hes onto the property of an adjoining property owner, the adjoining property owner shall, after giving thirty days "notice" and opportunity to cure, have the right to remove those portions of the hedge that encroach on his or her property back to the property line so long as he or she a~ts reasonably and the removal does not cause unnecessary injury. The adjoining property owner shall have the right to fUe a civil action to recover all costs reaSoNably incurred .in removing the encroaching pOrtions of the hedge. U) Hazardous Visual Obstructions. To the extent of any conflict between this Section and the hazardous visual obstruction requirements of Santa Monica 1viunicipal Code Section 9.04.!0.02.090, th' hazardous visual obstruction requirements shall. control. (Prior code§ 9040.8; amended by Ord. No. l476CCS, adopted 4/25/89; Ord. No. 1732CCS § 3, adopted 3/8/94; Ord. No. 2036CCS § 1, adopted 2/26/02; and Ord. No. 2276CCS.§ 3, adopted 10/28/08) 9.04.10.02.090 Hazardous visual obstructions. (a) Notwithstanding Section 9.04.10.02.080, no person Shall permit any obstruction, including, but not limited to, any fence, wall, hedge, tree or landscape planting to obscure or block the visibility of vehicles entering or exiting an alley, driveway, parking lot;· street intersection or other vehicle right-of-way or to constitute an unreasonable and unnecessary hazard to persons lawfully using an adjacent pedestrian or vehicle right-of-way. In addition•, no obstruction shall be located less than five feet from the intersection of -the parcel lin~ ·with a driveway or garage ·door, or the intersection of pafcellines adjacent. to street or alley intersections unless the obstruction is either less than · t\Venty-four inches above the adjacent vehicle right-of-way or is authorized pursuant to subsection (b) of this Section. No development shall be allowed if it would otherwise cause an eXisting obstruction to be in violation of this subsection (a) unless the obstruction is either less than tweniy-four inches above the adjacent vehicle right-of-way or the obstruction or development · is authorized pUrsuant to subsections (b) or ( c )of this Section. (b) The Zoning Administrator and Transportation Planning Manager may approve encroachments into the five foot hazardous visual area in addition to those specified in · subsection (a) of this Section when the ·property owner submits a written request and. satisfactory evidence that: 458-2a (I) Characteristics applicable to the property, including size, shape, topography, location, or surroundings. that do not apply to other properties in the vicinitY which unreasonably restricts an owner's ability to comp.!.y with subsection (a) of . this Section; and {2) The proposed encroachment will be designed to maintain adequate sight ·view ilnd/or provide other design elernerlts, such as the use of mirrors and speed bumps and will not constitute a hazard to persons laWfully using an adjacent side.walk, ·alley, street or Other right-of-way; and· (3) The strict application of the provisions of this Chapter would result in practical difficulties or un·necessary hardships, not including economic difficulties or economic hardships, or would result in UJ1reasonable d~privation of the · use or enjoyment of t]le property; and (4) The granting of the encroachment will not be contrary to or in conflict with the general purposes and intent of this Chapter, nor to the ·goals, objectives, and policies of the General Plan. (c) The Zoning Administrator and Transportation · Manager may during the plan check process approve a detached garage located in the Rl District with alley access even if this garage would cause an existing obstruction to be located in the hazardous visual obstruction area if the garage will be designed to maintain adequate sight view and/or provide other design elements, such as the use of mirrors and speed bumps and will not constitute a hazard to persons .lawfully using an adjacent sidewalk, alley, street or other right-of-way. (Prior code § 9040.9; amended by Ord. No. 1496CCS, adopted 9/26/89; and Ord. No. 2036CCS § 2, adopted 2/26/02) 9.04.10.02.100 One-story accessory building (fourteen fe"et maximum height). No accessory building in a residential district shall be erected, structurally altered, co.nverted, enlarged, moved, or maintained unless such accessory building is located on the lot in conformance with the following regulations:-Accessory buildings shall indude greenhouses, storage sheds, workshops, garages, and other structures that are detached from the main building. (a) The accessory building shall be located on the rear half of the lot and shall not extend into the required side · yards. (b) The accessory building may be located in a required rear yard, but shall be at least five feet from the rear lot line. A garagy or garage portiOn of an accessory building may extend up to one interior side property line on the rear thirty-five feet of a lot. A garage or garage portion of an accessory building may extend to the rear property line abutting an alley, provided vehkle access is not taken from the alley. (c) The accessory building shall be located not less than fifteen feet fl'om the center line of a rear alley. · (d) On a reversed comer lot, the accessory building shall not be located nearer to the street side lot line of such comer lot than one-half of the front yard depth required on the key lot, nor be located nearer than five feet to the side lot line of any key lot. (Santa Monica Supp. No. 62, 11-09)
9.04.!0.02.100 Santa Monica Niunicipal Code (e) Any accessory building on a through lot shall not project into any front yard and shall not be located in any required side yard: (f) Where the elevation of the ground at a point fifty feet from the front lot line of a lot and midway between the side lot lines differs twelve feet or more for the curb level, a private garage, not exc~eding one story nor fourteen feet in· height, may be located within the. required front yard, provided every portion of the garage building is at least five feet from the front property line and does not occupy more than fifty percent of the width of the front yard. (g) In all OP-Districts, a garage or garage entrance on a lot with a theo.retical grade change of ten feet or more may be set back a distance equal to the average garage setback of adjacent garage(s) but not less than five feet, when the . garage width does ~ot exceed twenty feet and the height does not exceed eleven feet for a flat roof and fourteen feet for a pitched roof. (h) Accessory living quarters shall be permitted only on Rl lots of ten thousand square feet or more pursuant to the provisions of Section 9.04.12.080. No kitchen or full bath containing a stWwer or tub enclosure shall be permitted. (i) A shower which is outside at:td unenclosed may be permitted. UJ No accessory building, including accessory living quarters, shall have kitchen facilities or be r~nted or otherwise used as a separate dwelling. (Prior code § 9040.10; amended by Ord. No. 1496CCS, adopted 9/26/89; Ord. No. l803CCS § 4, adopted 5/23/95) 9.04.10.02.110 Accessory buildings over one story Or· fourteen feet. No accesSory-buildirig more than one story or fourteen feet in height shall be erected, structurally altered, converted, enlarged, ·or moved in any r.esidential district unless a Conditional Use Permit for the building is approved and the accessory "buildihg is located on the parcel in conformance with the following regulations: (a) The accessory building shall not occupy any part of a required rear yard. · (b) The accessory building shall not· extend into a · required side yard, which in this case shall include that portion of the rear yard abutting the side property lines. (c) The portion of any accessory building which contains only a garage not over sixteen feet in height may extend into a required rear or interior side yard as otherwise permitted in this Chapter. (d) The accessory building shall not exceed two stories or twenty-four feet ifi h~ight. (e) Accessory buildings in other zoning districts shall be subject to the same regulations as maip. buildings. (t) A shoWer which is outside and-unenclosed may be permitted. (Prior code § 9040.ll; amended by Ord. No. l803CCS § 5, adopted 5/23/95) {Santa MonicaSupp. No. 62, l l-09) 9.04.10.02.111 Residential uses in commercial districts. Single family dwelling units, multi-family dwelling units, congregate housing, transitional· housing, single-room occupancy-housing, and-senior housing, located in non-residential districts, including but not limited to-the BCD, C2, C3, C3C, C4, C5, C6, CC, CM, CP, Ml, and RVC Districts, shall. comply with the following development standards: ·(a) Location. Residential units may be located on the ground floor· pr6vide4 they are at least-fifty feet from the frorit property line. This requirement · rpay be modified subject to the· approval of a variance. This requirement shall not apply to developments in the BCD, C5, CP or Ml Districts or to Affordable Housing Projects . (b) Access. Any residential development on a parcel zOned for a non-residential use shall have both a separate and secured entrance and exit that are directly accessible to on-site parking. (c) Refuse Storage and Location. Residential units on a parcel zoned for non-residential uses shall be provided with refuse and recycling storage containers separate from those used by any non-residential uses on the same parcel. The containers shall be dearly marked for res-idential use only, and their use by ·any .non-residential use shall be prohibited. (d) ·Private Open Space. Any project containing four m: more residential dwelling Units shal_l provide the following minimum open space: one hundred square feet per unit for projects with four or five units, and fifty square feet per unit for pwjects of six units or _more. -For purposes of this requirement, "residential dwelling unit" shall mean any unit three hundred seventy-six square feet in area or larger. Affordable Housing Projects may substitute one square foot ·_of common open space for each square .foot of required private open space. '(Ord. No. 1687CCS § 11, adopted 6/22/93; amended by Ord. No. 1750CCS § 29, adopted 6/28/94; Ord. No. 1767CCS § 9, adopted 9/13/94) 458-2b. 9.04.10.02.120 Screening o( commercial uses, Wherever any building or structUre is erected_or enlarged on any property zoned for commercial or industrial purposes which abuts a residentially ·zoned· parcel not used for commercial parking, there shall be erected and maintained along the property line abutting the residen.tial zone a solid decoratiVe wall· in conformance with the provisions of Section 9.04.!0.02.080. (Prior code§ 9040.12) 9.04.10.02.130 Screening storage areas. All storage of materials, wares, crates, bottles, or similar items necessary to or part of a business or commercial operation shall be screened from view on at least three sides by a solid opaque impact-resistant wall not less than five feet and not more than eight feet in height and on the fourth side by a solid opaque impact-resistant gate not less than five feet or more-than eight feet in height, or of such other material or design approved by the Architectural Review Board. (Prior code § 9040.13)
Santa Monica MUnicipal Code 9.04.10.02.140 9.04.10.02.140 Screening mechanical equipment. Other than solar energy systems as defined in Section 9.04.1 0.02.220, all mechanical equipment that extends more than twelve inches above the roof parapet shall be screened· from view. Equipment shall be screened_from a horizontal plane on all sides with an impact resistant wall. (Prior code§ 9040.14; amended by Ord. No. 2291CCS § 4, adopted 7/14/09) 9.04.!0.02.141 Senior group housing. Senior group housing lo<;ated in any district shall comply with the following development standards: (a) Maximum Number of Dwelling Units. The number of dwelling units may exceed.that which is permitted in the underlying zoning district if the dwelling units consist of individual rooms that contain full bathrooms and small, efficiency kitchens and if the dwelling units are located in a building that also contains a common kitchen, dining and living space, adequate to serve all residents. (b) Lighting. Adequate external .lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with any residential neighborhood. (c) Laundry Facilities. The development shall provide laundry facilities or services adequate for the residents. (d) Common Facilities. The development may provide one or more of the follOwing specific common facilities fo"r the exclusive use ·of the senior citizen r~sidents: ( 1) Central cooking and dining room. (2) Beauty salon and barber shop. (3) . Small phannacy. (4) Recreation room. (5) Library. (e) Security. Parking and outdoor facilities shall be designed to provide security for residents, guests and employees. (f) Minimum age. Residential occupancy shill be limited to single persons sixty years of age or older, or to couples in which one person is sixty years of age or older. (g) ··Private Open Space. Any project containing four or more residential dwelling units shall provide the following i:ninimum open space: one hundred square feet per unit for projects with four or five units, and fifty square. feet per unit for projects of six units or more, For purposes of this requirement, "residential dwelling unit" shall mean any unit three hundred seventy-six square feet in area or larger. Affordable Houstng Projects may substihlte one square foot · of common open space for each square foot of required private open space. (Ord. No. 1687CCS § 12, adopted 6/22/93; amended by Ord. No. 1767CCS § 10, adopted 9/13/94) 9.04.10.02.142 Transitional and congregate housing. Transitional aJ!d congregate housing located in any district shall be subject to the following standards: ·(a) The transitional housing or congr"egate housing provider shall have a written management plan including, as 458-2c applicable, provisions for staff training, neighborhood outreach, security,. screening of residents to insure compatibility with services provided at the facility, and for trairiing, counseling, and treatment programs for residents. (b) Maximum Unit Density. In residential districts, congregate housing, when not developed in an individual dwelling unit format, and transitional housing, shall not be subject to the underlying zoning district's maximum unit density standard, but the number of beds shall be limited to three times the maximum number of dwelling units which would otherwise be ]Jennitted. (Ord. No. 1687CCS §. 13, adopted 6/22/93; amended by Ord. No. l750CCS § 30, adopted 6/28/94) 9.04.10.02.150 Refuse and recycling storage areas. (a) Except as otherwise provided in this Section, each . parcel in commercial and industrial districts containing a building or structure shall provide and maintain one or more refuse Containers and recycling containers on the premises. The containers shall be of sufficient capacity and number to accommodate the refuse aq.d recyclable materials generated by the uses on the parcel, in compliance with guidelines established by the Department of General Services. All ·Outdoor storage of refuse, recyclable materials and other items or material intended to be discarded or collected shall be screened froin public view. On parcels where refuse and recyclable materials are both stored and coJlected adjacent to· an alley or other public right-of-way", the refuse and recyclable materials shall be screened from public view on at least "three sides by a solid_opaque impact~resistant Wall not less than five feet or rilore than eight feet in height, an.d on the fourth side by a solid opaque impact-resistant gate not less than five feet or more than eight feet in height, or of other such material or design approved by the Architectural Review Board. The gate shall be maintained in working order and shall. remain closed except during such times as refuse, recyclable materials and other such items are being discarded, placed-for collection, or collected. All refuse and-recyclable materials which are stored and collected from the same location out of doors shall be stored nOt more than ten fe~t from the property line which is closest to the refuse collection point. (b) .In all zoning districts, any neW' construction for which an application for a building permit is required to be submitted on or after the effective date of the ordinance codified in this Section shall include adequate, accessible and convenient areas for. collecting and ·loading reft,tSe and recyclable materials consistent with the design standards of Section 9.04.10.02.151. (c) After the effective date of the ordinance codified in· this Section, any improvement of the areas used for ·collecting and loading .solid waste of a publicly owned facility shall include adequate, accessible and convenient areas for collecting arid lOading refuse and recyclable materials in compliance with the design standards of Section 9.04.1 0.02.151. Improvements shall consist of those alterations which add value, prolong the useful life of a facility, or adapt it to a new use or uses. Improvements do (Santa Monica Supp. No. 62, 11-09)
9.04.10.02.150 Santa Monica Municipal Code not include repairs which merely keep a facility in good operating condition, do not materially add to· its value, and do not substantially extend its useful life. (d) In all zoning districts, any improvement(s) to an existing building, including a buildi~g with multiple tenants, for which one or more building permits is required to be submitted after the effective date of the ordinance codified in this Section and which meets the threshold requirements of this subsection shall ··include adequate, accessible and convenient areas for storing arid collecting refu~e and recyclable materials in compliance with the design standards of Section 9.04.10.02.151. Improvements to an· existing building shall consist of those alterations wllich add value, prolong its useful life, or adapt it to a new use or .useS. Improvements do not include tepairs Which merely keep a building in good operating condition, do not materially add to its value, and do not substantially extend its useful life. This subsection shall apply where the Department of General Services determines that the sum total of all improvements to the existing building within a twelve-month period eithet add thirty percent or more to the existing· floOr area or have an aggregate p~mit valuation cost of one hundred thousand dOllars or more. However, for single-family residences, this subsection shall apply only where improvements withiri a twelve-month period constitute a substantial remOdeling of the existing building as defined in Section 9000.3 ofthe Comprehensive Land Use and Zoning Ordinance. Effective July 1, 1994, the permit valuation cost threshold shall be increased annually at the commencement ·of the City fiscal year by an amount equal to the percentage increase in the "cost of living" index as measured by the Consumer Price Index (1982-1984~100) for Los Angeles-Riverside-Anaheim, California, published by the U.S. Department of Labor, Bureau of Labor Statistics for the preceding base period of April to April. (e) Refuse and recycling rooms or outdoor enclosures shall be adequat~ in capacity, number, and distribution to serve the uses on the parcel or parcels. An adequate number of bins or containers to allow fOr the collection and loading of refuse and recyclable materials shall be located within the refuse and recycling rooms or outdoor ~!).clOsures. The design and construction of refuse and recycling rooms Or outdoor enclosures shall be compatible with surroullding land uses. Refuse and recycling rooms or outdoor enclosures shall be secured to prevent the theft of recyclable materials by unauthorized. persons, while allowing auth9rized persons access for disposal of materials, and must provide protection against adverse environrllental conditions which may render the collected materials unmarketable. Buildings or structures in which refuse ?-Tid recyclable materials are stored in otherwise locked and secured subterranean garages may be permitted to designate a fenced area for the $torage of refuse and recyclable materials in compliance with specifications as to location and materials established by the Director of General Services. .In mixed use and non-residential developments, refuse and recycling rooms or outdoor enclosures shall be at the same grade _aS and adjacent to an (Santa Monica Supp. No. 62, ll-09) 458-2d existing alley, if any. (Prior code§ 9040.15; amended by Ord. No. l7l4CCS § 3, adopted 12114/93) 9.04.10.02.151 Design standards for refuse and recycling rooms and outdoor enclosures. A refuse and recycling room or outdoor enclosure shall coniply with all the requirements of the zoning district in which it is located and shall conform to the following minimum design standards: (a) Non-Residential Development. (1) Non-residential building or buildings with less tl\an one thousand square feet in aggregate floor area shall include a refuse and r.ecyding room four feet in width, four · feet in length, and six feet in height or an equivalent space avai-lable in a centralized area or an outdoor enclosure which shall confonn to the same dimensions·. (2) Non-residential building or buildings with an aggregate floor area between one thousand and five thousand sCtuare feet shall include a refuse and recycling room five feet in width, nine feet in length, and eight feet in height or equivalent space available in a centralized area or an outdoor enclosure which shall conform to the sam~ dimensions: (3) Non-residential building or buildings with an aggregate floor area above five thousand square feet but equal to or less than ten thousand square feet shall include a refuse and recy~ling room nine feet, six inches in width, thirteen feet, six inches in length, and eight feet in height in a centraliz~d area or an outdoor enclosure which shall conform to the same dimensions. (4) Non-residential building or buildings with an aggregate floor area above ten thousand square feet but less than or equal to twenty thousand square feet shall include a two hundred forty-eight_ square foot refuse and .recycling room or outdoor enclosure with eight-foot-high walls. (5) Non-residential building or buildings with an aggregate floor area above twenty thousand square feet but less than or equal to forty thousand square feet Shall include a four hundred fifty square foot refuse and recyclfng room or oUtdoor enclosure with eight-foot-high walls. (b) Residential Development. (1) Single-family residences shall include a designated area to Sto-re refuse and recycling materials screened from public vi~w or a designated area in a garage or accessory structure. (2) .Multi-family residential developments containing less than five units shall include a refuse and recycling room four feet in width, six feet in length, and six feet in height, or an outdoor enclosure which shall-confonn to the same dimensions. {3) Multi-family residential developments containing five to ten units shall include a refuse and recycling room five "feet in width, nine in length, and eight feet in heigh!, or-a!l outdoor enclosure which shall conform to the same dimensions except that it shall not exceed six feet in height. · ( 4) Residenti~l developments containing eleven units to twenty units shall include a refuse and recycling room one hundred twenty-nine scj_uare feet in area with eight-foot-high . . ~!
Santa Monica Municipal Code 9.04.10.02.151 walls or an outdoor enclosure of equal area with six-foot-high walls. (5) Residential developments containing twenty-one units to forty units shall include a refuse and recycling room -two hpndted forty..:eight square feet in area with eight-foot-high walls or an_-outdoor enclosure .of equal area with six_; foot-high walls. (c) _Mixed U_se Development. Except as required in subsection (d) ofthis Section; mixed use developments in all zoning districts shall comply with the design standards for non-residential· developments in subsection (a) of this · Section. (d) Large Residential, Non-Residential and Mixed Use Development. Any deve\opmerit, whether residential, non-residential, or mixed use with more than forty residential units, or with more than forty thousand square feet Of floor area shall be reviewed by the Director of General Services, who shall require the design and placement of a refuse and re9ycling room or outdoor enclosure consistent with the purpose of .this Section to provide adequate and accessible areas for the storaw;·and collection of refuse and recyclable materials. (e) The Director of General Services shall have the authority to modify the requirements for existing buildings subject to the design standards of this Section when·, upon a written· application for a modification, the Director determines that the applicant has demonstrated that imposition of the design standards is ~echnically infeasible or creates ·an unreasonable hardship. Such author.ity shall be limited to do the following: (I) Modify the dimensions of refuse and recycling rooms or outdoor enclosures, provided that the fr!=!quency of refuse collection is rriodified to adequately-serve the uses on the parcel and protect the public health, safety and general · welfare. (2) Permit more than one recycling ·room or outdoor enclosure,· ·provided the .aggregate area of _which-is in substantial compliance with the design standards of this Section as determined by the Director of General Services, · and provided that each room or outdoo"r enclosure furnishes convenient access for disposal and collection of both refuse and recyclable materials. In the event that the location of the refuse and recyclable room or outdoor enclosure is not convenient for. co1lection, the Director of General Services shall be authorized to·require payment of a fee, established by resolution ofthe City Council, for" collection of the refuse and · recyclable materials. In no event shall a fiVe be authorized in lieu of providing a refuse and mcycling room or outdoor enclosure. (Added by Ord. No. 17l4CCS § 4, adopted 12/14/93) 9.04.10.02.160 Drainage. All properties must dr'!in to the street .or alley or directly into a public.storm drainage system in a manner approved by the Department of General Services. No surface drain&ge may be discharged onto abutting properties. (Prior code § 9040.16) 458-2e 9.04.10.02.170 Unexcavated area in yard areas. . (a)(!) On any parcel having a width of fifty feet or greater in a residential district or in RVC or BCD Districts, when its side yard abuts a residential district, there shall b~ provided and maintained an unexcavated area equal in area to at least fifty percent of the required front yard andequal to four feet in width along the entire length of at least one of the side .property lines, except to the extent necessary to provide parking access pursuant to Sections 9 .04.1 0.08.080 · and 9.04.10.0S.090. (2) On· ~ny commercial or industrial parcel which directly abuts a residentially zoned parcel not used for commercial parking purposes, there shall be provided and maintained an. unexcavated area within the abutting yard equal to fifty percent of the area of the i-equired yard which abuts the residential parcel. (b) For parcels in excess of seventy feet in width, in resident~al districts, or in RVC or .BCD Districts, when its side yard abuts-a residential district, an unexcavated area four feet in width along the req~ired side yards shall "be provided and maintained along the entire length ofboth side property lines. (c) At least fifty percent of the surface areas of the required unexcavated areaS shall be landscaped pursuant to the provisions of Part 9.04.10.04. (d) Subterranean, semisubterranean parking structures, basements and other subterranean facilities. may not pfoject into any portion of the required unexcavated areas. (Prior code§ 9040.17; amended by Ord. No: 1496CCS, adopted 9/26/89; Ord. No. 17.06CCS § 1, adopted 9/28/93) 9.04.10.02.180 Projections permitted into required yards. Except as provided in Sections 9.04.08.02.075 and 9.04.08.02.076, the following chart sets forth the allowances for various projections permitted into the required yards in residential, industrial, and commercial districts. Projections shall riot be permitted closer than four feet to any property-line. Projections permitted for solar energy-systems shall comply with Section 9.04.l0.02.220(d). Projections as listed belOw into existing, non-conforming yard areas-shall be permitted only if the pr9jection does not extend closer to the property line than would_be permitted if the yard area conformed to current standards. The various types.of projections and the liinitations on such projections into required yards are as _follows: (Santa Monica Supp. No. 62, 11-09)
9.04.10.02.180 Santa Monica Municipal Code . Projections Eaves, awnings, canopies, sun shades, sills, cornices, belt courses, trellises, arbors, and other similar_architettural features Flues, chimneys, water heater enclosures, and similar vertical architectural proj~cts not niore than 5' wide parallel to the side yard and that do not exceed 20% of tl1e favade width Patios, porches, platfonns, decks, unexcavated side yard area, and-other unenclosed areas not covered by a roof Or canopy and that may be raised above the level of the adjacent grade but do not extend more than 3' above the average natural grade B3.IcOnies, and stairways that are open, unenclosed on at least two sides · Greenhouse wtri'dows a_nd bay windows that are not greater_ than 6' wide parallel to the side yard Required fire escapes Porte cochere not more than 20' long and open on three sides except for necessary structural supports and not more than 16 feet in height. Mail boX canopy not more than 1 0' long. Recreational vehicle storage, central air conditioning, swimming pool, s-pa equipment Second flOor decks, patios, or balconies, covered or uncovered, adjacent to primary living spaces in OP~D_istdcts. (Prior code § 9040.18; amended by Ord. No. l496CCS, adopted 9/26/89; Ord. No. 2205CCS § 5, adopted 9/26/06; Ord. No. 2291CCS.§ 5, adopted 7/14/09) 9.04.10.02.190 Building additions extending into required side yard. In all residential districts, an addition to an existing building that has a nonconforming side yard may also extend into the required side yard provided all of the following criteria are met: (a) The addition does not exCeed one-story ·and fourteen feet in height. · · (b) The addition continues the favade setback li"ne of the existing structure. (c) The addition does not extend closer than four feet to the side property line. Front Yard 30" 18" Street Side Yard 18" Interior Side Yard 18" 18" For structures with conforming setbacks 12" 12" For structures with non-conforming set-backs 6' 6' No-Limit 30" 30" 0' 18" 18 11 ' Provided the stmcture has a conforming setback Not permitted Not permitted in front yard. Pehnitted in side and rear yard. 30" 30" 12" or 2" per 1' of required side yard whichever -is greater 30" Not permitted in front or side yard areas. Permitted anywhere_ in rear ya_rd area .. 30" 30" 3QI' Rear Yard 4' 18" 6' 4' 4' 4' 4' (d) The addition does not exceed fifteen feet in length parallel to the side property line. (e) The addition does not extend into both side yards. (f) There has been no prior addition under this Section. (Prior code§ 9040.19; amended by Ord. No. 1612CCS § 6, adopted l/14/92) 9.04.10.02.200 Manufactured dwellings. In addition to complying with all property development standards fof· the zoning distriCt in which the manufactured dwelling units are to be lOCated, each manufactured dwelling unit fabricated off-site and installed on a parcel shall ·incorporate all of the ~allowing design features: (a) A roof constructed of wood shake permitted by the Uniform Building Code, asphalt composition, shingle, tile, crushed rock, or.sim.ilar roofing materia~ (except metal). 458-2f (Santa Monica Supp. No. 62, \l-09)
Santa Monica Municipal Code 9.04.10.02.200 (b) Exterior siding of brick, wood, stucco, plaster, concrete, or other material which is f).nished in a non-glossy and non-reflective manner. (c) Each structure shall be placed on a permanent foundation. (d) A predominant shape and form that is compatible with the sunounding neighborhood. ~(e) If a carport or enclosed garage is required within the zoning district in which the dwelling unit is to be located, the design and materials of the garage or carport shall be compatible with the main dwelling. (f) Fonnaldehydecbased or asbestos insulation shall not be permitted. (Prior code § 9040.20) 9.04.10.02.210 Relocated buildings. Residential structures may be relocated if the following requirements are met: (a) The relocated structure shall comply with all regulations of this Chapter including the property development standards for the zoning district in which the structure is to be relocated, including building height, setback, parcel;coverage, and unit density requirements. (b) Construction or rehabilitation related to the residential structure proposed to be relocated shall commence within thirty days and shall be completed within three hundred sixty-five days of the date the structure is relocated onto the property. (c) Prior to issuance of a building permit, a notice of intent to reloc.ate approved as to form by the Building Officer shall be posted on the parcel where the building is to be relocated. (Prior code§ 9040.21) 9.04.10.02.220 Solar energy design standards. This Section establishes ministerial development standards for solar energy systems applicabre-to all solar energy system installations. Notwithstanding Section 9.32.120, solar e-nergy systems proposed on existing build~ngs shall be exerppt from review and approval by the Architectural Review Board, provided that the installations meet the standards in this Section. Solar energy systems ·proposed as part of a larger construction project that requires Architectural Review Board approval shall be reviewed by the Architectural Review Board in accordance with the Standards in this Section. (a) As used in this Section, "solar energy system" means either of the following: (1) Any solar collector or other solar energy deVice, certified pUrsuant to State law, along with it$ ancillary equipment, whose primary .purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating. (2) Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating. (b) Excluding solar collector panels, their necessary support structure, and conduit, solar energy systems shall not be visible from the public right-of-way adjacent to the front property line. (c) The height of solar energy systems is subject to the following standards: ( 1) On single-family properties: Photovoltaic solar energy systems may extend up to five feet above the height limit in the zoning district. Solar water or swimming pool heating systems may extend up to seven feet above the height limit in the zoning district; (2) On all otlier properties: Photovoltaic solar energy systems may extend up to five feet above the roof surface on which they are installed, even if this exceeds the maximum height limit in the district in which it is located .. Solar water or swimming pool heating systems may extend up to seven feet above the roof surface on which they are installed even if this exoeeds the maximum height limit in the district in which it is located. (d). Excluding solar collector panels, solar en_ergy system equipment may be instal1ed within the required side and rea~ yard but shall not be closer than two feet to any property line. (e) Except on single-family properties, solar collector panels, their necessary support stiucture, and conduit, shall be installed in the location that is the least visible from abutting streets directly facing the subject property so long as. installation in that location does not signi"4.cantly decrease the energy performance or_ significantly increase the costs of the solar energy system as compared_to a more visible location. ( 1) For energy performance, "significantly decrease" shaH be defined as decreasing the expected annual energy production by more than ten percent. (2) For the cost of solar energ'y systems, "significantly increase" shall be defined as incr~asing the cost of a photovoltaic solar energy system by more than two thousand dollars or the cost of a solar water or swimming pool heating system'by mor:e than twenty percent. · (3) The review and determiriation of the cost or energy efficiency of installation alteinatives shall be made by the City's Energy and.Green Building Programs staff. The review and determination of the least visible alternative shall be made by the Architectural Review Board liaison. (f) On a property containing a designated landmark or contributing structure to a designated HiStoric DiStrict as defined in Section 9.36.030, solar energy systems that meet the criteria established in this section shall be permitted provided that a Certificafe of Appropriateness is approved by the La{\dmarks Commission liaison. (g) Proposed solar energy installations on all property types that do not meet the standards set forth in this Section shall not be authorized unless approved by the Architectural Review Board in accordance with Chapter 9.32 prior to issuance of a building perinit, except that such installatior;~s shall be approved by the Landmarks Comi;Tiission iii accordance with Chapter 9.36 when located on a property containing a designated landmark or contributing structure to a designated Historic District. These reviewing bodies may authorize installations that exceed the height limit in the applicable zoning district by a maximum of fourteen feet. (Prior code§ 9040.22; amended by Ord. No. 2291CCS § l, adopted 7/14/09) (Santa Monica Supp. No. 62; ll-09) 458-2g
9.04.l0.02.230 Sil.nta Monica Municipal Code 9.04.10.02.230 Parcel area for residential density calculations and rear yard depth includes one-half alley dimension. In computing the number of dwelling units permitted on a parcel and the rear yard depth of a parcel, one-half the width · of a rear alley which abuts the parcel may be counted as a portion of the parcel area and required rear yard setback. No portion of the rear alley may be counted as required open space. (Prior code § 9040.23) 9.04.10.02.240 Dwelling unit density calculation. The number of dwelling_units permitted on any parcel in a district which permits multi-family dwellings shall be determined by dividing the area o(the. parcel, including one-half the area of the rear· alley, ifapy, by the minimum ni.Im~er of sq~are feet fof each dwelling unit as required in the distriCt in which the parcel is located. (Prior code§ 9040.24) 9.04.10.02.250 Parcel coverage calculation. The area of a parcel considered to be covered by a building or structure shall include the following: (a) The aroa of the parcel directly covered by the footprint of all buildings or structures on the parcel. · (b) The area of the parcel directly below any upper portion of a building or structure that is cantilevered beyond the edge of the first level of a building or structure-except those projections otherwise permitted by this Chapter. (c) The area of a parcel directly below those portions of any balcony, stairway, porch, platform, or deck that is enclosed.on at least three sides. (Santa Monica Supp. No. 52, 2-07) 458-Zh
Santa Monica Municipal Code 9.04.10.02.250 No portion of a rear or side alley may be counted as required open space. (Prior code § 9040.25) 9.04.10.02.260 Through parcel may be two parcels. Through parcels 200 feet in depth and fronting on parallel streets may be improved as two separate parcels provided: (a) The rear property line of each parcel is approximately equidistant from the two front property lines and no less than the applicri.ble minimum dimension for such a parcel. (b) Each parcel has an area of not less than 5,000 square feet and complies with the property development standards of the district in which each lot is located. (c) A site plan showing the division is approved by the Zoning Administrator. (Prior code § 9040.26) 9.04.10.02.270 Lighting. All outdootlighting associated with commercial uses shall be shielded and directe)i away from surrounding residential uses. Such lighting shall not exceed 0.5 footcandles of illumination beyond the property containing the commercial use and shall not.blink, flash, oscillate or be of unusually high intensity ofbrightness, with the exception of amusement rides located on the Pier, which may have lights that blink, flash and oscillate. (Prior code § 9040.27; amended by Ord. No. l625CCS §I, adopted 5/12/92) 9.04.10.02.280 Glare. Every use shall be so operated that any significant, direct glare 'ncidental to the operation of the use shall not be visible beyond the boundaries of the property. (Prior code§ 9040.28) 9.04.10.02.290 Signs. All signs on the premises shall comply with the provisions of Chapter 9.52 of this Article. (Prior code§ 9040.29) 9.04.10.02.300 Humidity, heat, and cold. All commercial and industrial uses shall be so operated as not to produce humidity, heat, of cold which. is· readily detectable by persons without instruments on adjacent parcels or rights-of-way. (Prior code§ 9040.30) 9.04.10.02.310 Sound. All commercial and industrial uses shall be so operated that no loudspeakers, bells, gongs, buzzers, or other noise attention · or attracting devices exceed 45 decibels at any one time beyond the boundaries ofthe property. (Prior code§ 9040.31) 9.04.10.02.320 Storage. No sales, rentals, long-term storage, repair . work, dismantling, or servicing of any motor vehicle, trailer, airplane, boat, loose rubbish, garbage, junk, or their receptacles, or building materials shall be permitted in any required front yard or side yard of any property. Repair or servicing of any motor vehicle may occur provided that the work continues for a period not to exceed 48 hours. Long term storage shall mean storage for a period of 48 or more consecutive hours. In any residential district, no portion of any vacant or undeveloped parcel or a parcel where no main 458-3 building exists shalt be used for long-tenn storage of the items listed above. Building materials for use on the same parcel or building site may be stored on the parcel or building site during the time that a valid building permit is in effect for construction on the premises. (Prior code§ 9040.32) 9.04.10.02.330 Vibration. No commercial or 'industrial use shall cause a steady-state earth-borne oscillation which is continuous and occurring more frequently than 100 times per minute. The ground vibration caused by moving vehicles, trains, aircraft, or temporary construction or de·rnolition is exempted from these limits. (Prior code§ 9040.33) 9.04.10.02.340 Permitted outdoor uses. The following uses, if identified as a permitted use in the district, shall be permitted outside of an enclosed building provided they are entirely on private property, or on public property when otherw-ise permitted by this Code: (a) Drive-in and drive-through restaurants; (b) Patio tables, chairs, umbrellas, and similar outdoor accessories used in connection with a restaurant; (c) Vending machines, including weighing scales, when accessory to a business conducted within a building; (d) Border materials, flower pots, trellises and the like, provided they are accessory to a retail plant nursery and do not exceed fifteen percent of the inventory of the nursery business; · (e) Automobile dealership display and storage lots; (f) Outdoor vending or display when ·otherwise permitted by this Code; (g) Outdoor newsstands when otherwise pennitted by this Code; (h) The following additional uses shall be permitted outside of an enclosed building on a public sidewalk: ( l) Seating accessory to a legally established restaurant or other eating and drinking establishment that is· located immediatelY in front of the business and is not used for customer dining or drinking, (2) Portable landscape and cigarette disposal receptacles accessory to a legally established retail .establishment, restaurant, or other eating and drinking establishment that are located immediately in front of the business, (3) Seating, portable landscape, and cigarette disposal receptacles may only be placed on a public sidewalk pursuant to this subsection (h)(l) or (h)(2) if either a license agreement is obtained in accordance with administrative guidelines adopted by the City which ensure the City receives adequate compensation, public safety is maintained, and the City's aesthetic interest is preserved or a sidewalk use permjt is issued in accordance with the following standards: (A) Seating must be regularly cleaned, maintained in good condition, and not exceed twenty-four inches in depth or thirty-six inches in height, (B) Landscaping planters muSt not exceed twenty-four inches in width or diameter, must prevent water drainage onto (Santa Monica Supp. No. 56, 5-08)
9.04.10.02.340 Santa Monica Iviunicipal Code the sidewalk, must be elevated at least two inches off the ground, and must be maintained in good condition, (C) Cigarette refuse receptacles must comply with City design standards, be regularly cleaned, and be maintained in good condition, (D) A four-foot contiguous sidewalk width must be kept clear f6r pedestrian passage at all times and pedestrian aCcess to building entrances must not be impeded, (E) All items placed on the public sidewalk must be removed when the business establishment is closed, (F) The business establishment must assume all liability associated with the placement of these items on the public sidewalk, (G) The by.siness establishment must pay the reasonable proces'sing costs for the sidewalk use permit; (i) In the CM District or the C2 District, a single outdoor display of merchandise entirely within the covered vestibule, arcade or colonn?tde area· of a retail establishment provided that the single display does n.ot exceed sixty inches in height, .thirty-six inches in width and thirty-six inches in depth, or forty-two inches in height, forty-eight inches in width and thirty-six inches in depth, and provided that the.single display is removeO. from the vestibule, arcade or colonnade when the business is closed. However, garment racks shall be prohibited; U) Fees for license agreements and use permits sh3.ll be established by resolution of the City Council. (Prior code § 9040.34; amended by Ord. No. l690CCS § 9, adopted 7/!3/93; Ord. No. 2255CCS § 1, adopted 2/26/08) 9.04.10.02.350 Calculating floor area. For parcels containing one or rriore zoning designation, only that portion zoned for commercial or industrial use shall be used as parcel area when calculating floor area ratio. (Prior code § 9040.3 5) 9.04.10.02.360 Rear yard setbacks. For purposes of determining the rear yard setback, the rear yard shall be measured from the center line of the rear alley. In the event no rear alley exists, the rear yard shall be measured from the rear pared line. (Prior code § 9040.36) 9.04.10.02.370 Front yard setback on walkstreets. · The front yard setback on Copeland Court, Arcadia Terrace, and Seaview. Terrace shall be 30 feet measured from the center line of the walkway. (Prior code§ 9040.37) 9.04.10.02.380 Ventilation in restaurants. In any new restaurant or any restaurant which is substantially remodeled an air filtration and ventilation system shall be provided. For purposes of this Section, a new restaurant includes a restaurant existing on the date of adoption of this Chapter for which a new business license is acquired by a new operator at some later date. Mechanical equipment to meet this requirement shall be (Santa Monica Supp. No. 56, 5-08) 458-4
Santa Monica Municipal Code 9.04.10.02.380 set back a minimum of four feet from any residential property and shall be insulated to prevent any noise disturbance. (Prior code§ 9040.38) 9.04.10.02.390 Pipelines. (a) No pipeline shall be built, laid, or maintained in any Zoning District without a conditional use permit having been issued in accordance with this Chapter. (b) No conditional use permit shall be issued for a pipeline in any residential district or on any portion of a street directly abutting any residential district. (c) For purposes of this Section, "pipeline" includes all real estate, fixtures, and personal property owned, Controlled, operated, or managed in connection with or to facilitate the transmission, storage, distribution, or delivery of crude oil or other fluid substance through pipelines. (d) This Section does not apply to: (1) Any pipeline in existence on the date of adoption of this Section. (2) Any pipeline used for the delivery of water or the removal of sewage. (3) Any pipeline used for the delivery of natural gas to any property in the City. (4) Any pipeline located exclusively on private property and used in connection with any lawful activity on such property. (Prior code § 9040.39; amended by Ord. No. l475CCS, adopted 4/25/89) 9.04.10.02.420 Posting of seating req~irements in restaurants. All restaurants which have fifty or more seats shall post a sign stating the niaxirnurn number of seats allowed in the establishment by the conditional use permit. The sign shall be a minimum of twelve inches by eighteen inches, and shall be posted by the entrance of the restaurant, or such other location as required by the Zoning Administrator. (Prior code § 9040.42; added by Ord. No. l645CCS § 2, adopted 9/22/92) 9.04.10.02.430 Development spanning zoning districts. Where a single project is proposed to be developed in different zoning districts, all relevant development standards for the respective zoning districts shall apply, including, but not limited to height, floor area ratio, use, parcel coverage, landscaping and setbacks, except that any required setbacks between structures located in each zoning district shall not be required; provided, that the land area involved consists or will consist of a single parcel. (Added by Ord. No. 1803CCS. § 8, adopted 5/23/95) 9.04.10.02.440 Pedestrian-oriented design. (a) Each structure required by this Code to be designed with pedestrian orientation shall incorporate the following design elements in a minimum of seventy percent of the building fa9ade ai the street frontage at the ground floor level: (I) Articulated fa9ades at the ground floor street frontage, · which may include, but not necessarily require, such measures as indentation in plane, change of materials in a complimentary manner, sensitive composition and 459 juxtaposition of openings and solid wall and/or building frame and projecting elements such as awnings and marquees to provide shade and shelter; (2) A minimum of fifty percent of the fa9ade to a height of eight feet shall be visually transparent into the building or provide a minimum depth of three feet for window merchandise display. A building may have no more than twenty feet of continuous linear street-level frontage that is opaque. No merchandise storage shall be allowed in the storefront windows which blocks the view of the interior of the building; (3) Signage oriented and scaled to the pedestrian; ( 4) Exterior lighting which provides for a secure nighttime pedestrian environment by reinforcing entrances, public sidewalks and open areas with a safe level -of illumination which avoids off-site glare; (5) Structures that contain commercial or other pedestrian-oriented uses shall have a minimum of one public entrance at the ground floor address frontage and shall minimize the number and the width of driveways from the street frontage. Public entrances at the street frontage shall be accessible to the public during all hours the business is open. Security conscious businesses such as jewelry stores may employ electronically operated or manually operated security devices on all pedestrian-oriented entrances required by this Code; (6) Security grates or grilles which recess into pockets or overhead cylinders and are completely concealed when retracted are permitted only when located inside exterior windows; (7) Residential uses at the ground floor street frontage shall incorporate planted areas, porches, front stairs and/or other elements that contribute to a pedestrian environment. (b) Pedestrian-oriented design elements may also include street furniture or other seating surfaces on private property and design amenities scaled to the pedestrian such as awnings, drinking fountains, paseos, arcades, colonnades, plazas; noncommercial community bulletin boards, public or private art and alternative paving materials in areas of pedestrian access. (c) In order to encourage quality, creativity and compatibility, the Architectural Review Board may approve an exception from the requirements of Subsection (a) of this Section, according to the procedures for sign permit applications, if all of the following findings of fact can be made in an affirmative manner: (1) That the strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Chapter or that there are exceptional circumstances or conditions applicable to the proposed development that do not apply generally to other developments covered by this Chapter; (2) That the granting of an exception would not adversely affect surrounding properties or be detrimental to the district's pedestrian-oriented environment. (Added by Ord. No. 1893 § 2, adopted 1113/98) (Santa Monica Supp. No. 53, 5-07)
9.04.1 0.02.450 Santa Monica Municipal Code 9.04.10.02.450 Construction rate program. (a) For projects involving the new construction or substantial remodel ofhyo or more dwelling units in all multi-family residential districts in the City for which a development application was deemed complete on or after March 7, 2000, only one such construction project shall be allowed within a five hundred foot radius of another construction project subject to this Section. Except as provided in subsection (c) of this Section, this restriction shall apply for fifteen months after issuance of a building permit, after which time another project may begin construction in the defined area. The multi-family residential districts in the City are: R2R, R2, R3, R4, RVC, RMH, OP-Duplex, OP2, OP3, OP4, NW-Overlay, BR Boulevard Residential R3 Overlay, R2B, and R3R. (b) Building permits shall be provided on a first-come first-served basis in accordance with the terms of this Section. No application for a building permit shall be accepted for filing or otherwise processed by the Building and Safety Division unless the applicant provides documentation on forms provided by the City that the project has received all other City or State approvals or permits necessary to commence the project, with the exception of building and sewe~ allocation permits. (c) During the plan-check process, the Building and Safety Division shall determine the status of other building permits for projects in the area. A building permit shall not be issued when the Building Officer determines that a building permit has been issued in the previous fifteen months for any other project within a five.hundred foot radius of the subject property unless the owner of the previously permitted project has formally relinquished the building permit for that project or obtained a certificate of occupancy for the project. (d) If the Building Officer determines that another building permit has been issued less than fifteen months prior to the date on which the building permit has received all plan-check approvals and the exceptions specified in subsections (c) and (e) do not apply, the Building Officer shall place the project on a waiting list in order of the date and time of day that the permit application received all plan-check approvals. The life of other City approvals or permits necessary to commence the project shall be automatically extended by the amount of time that a project remains on the waiting list. The Building Officer shall approve the project in accordance with the Uniform Technical Code in effect at the time of the plan-check. (e) The following projects shall be exempt from this Section: (1) Affordable housing projects in which one hundred percent of the units will be deed-restricted for very low, low, middle, and/or moderate income housing. (2) Structures identified by the Building and Safety Division as unreinforced masonry construction and subject to City-mandated seismic upgrading. (3) Projects to be developed on a site that is vacant. ( 4) Projects to be developed on a site in which either: (i) the structures on the site are uninhabitable, not as a result of the owner' s failure to maintain the structure, or the property of which the structure is a part, in good repai~. and the (Santa Monica Supp. No. 53, 5-07) 460 structures cannot be rendered habitable in an economically feasible manner or (ii) the current use of the property is not otherwise economically viable. The City shall prepare an exemption application form which delineates all submission requirements. An owner shall not be required to file a project application with the exemption application. City staff shall make a final determination whether a project meets the requirements of this subdivision within ninety days after the owner's ·exemption application for the project is deemed complete. (5) Projects that include the retention and preservation of a designated landmark building or contributing structure to an adopted Historic District. (!) The Planning and Community Development Department may develop administrative guidelines implementing this Section. (Added by Ord. No. 2053CCS § 1, adopted 1 0/8/02; amended by Ord. No. 2206CCS § 2, adopted 10/3/06) 9.04.10.02.460 Small sidewalk cafes. A sidewalk cafe that is two hundred square feet in area or less shall be a permitted use in all commercial districts and in the Residential Visitor Commercial (RVC) District if it complies with the following standards except in the Special Office Commercial (C5) District where this use is not authorized and in the BSC-1 portion of the BSC District where this use is permitted if it complies with the provisions of the Outdoor Dining Standards for the Third Street Promenade: (a) The sidewalk cafe shall comply with the property development standards set forth in this Section and the property development standards for the district in which it is to be located as set forth in the Zoning Ordinance except to the extent inconsistent with this Section. (b) The sidewalkcafe shall be conducted as an accessory use to a legally established restaurant or other eating and drinking establishment. The sidewalk cafe shall be located on a contiguous adjacent parcel. (c) A sidewalk cafe on the Transit Mall shall comply with the adopted Outdoor Dining Standards for Santa Monica Boulevard and Broadway. A sidewalk cafe on Ocean A venue shall comply with the adopted Outdoor Dining Standards for Ocean A venue. (d) If barriers are provided, they shall be in the manner required. by the City including any applicable design guideline. (e) . Awnings or umbrellas may be used in conjunction with a sidewalk cafe, but there shall be no permanent roof or shelter over the sidewalk cafe area. Awnings shall be adequately secured, retractable, and shall comply with the provisions ofthe Uniform Building Code adopted by the City and any applicable design guideline. (f) The furnishings of the interior of the sidewalk cafe shall consist only of movable tables, chairs and umbrellas. Lighting fixtures may be permanently affixed onto the exterior front of the principal building. Fixtures shall also comply with any applicable design guideline.
I ' .. I I I I I I I I I I I . I I . 1 1
Santa.Monica Municipal Code (g) No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on, adjacent to, or separate from the sidewalk cafe on the public sidewalk or right-of-way. Sidewalk cafes shall remain clear oflitter at all times. (h) The hours of operation of the sidewalk .cafe shall not exceed the hours of operation of the associated restaurant or other eating and drinking establishment. (i) · The sidewalk cafe shall obtain a minor outdoor dining permit. G) The sidewalk cafe shall not be required to provide any additional parking. (Added by Ord. No. 2192CCS § 21, adopted 7/11/06) Part 9.04.10.04 Landscaping Standards 9.04.10.04.010 Purpose, These regulations are intended to enhance the aesthetic appearance of development in all areas of the City by providing standards for quality, quantity, and functional aspects of landscaping and landscape screening consistent with Architectural Review Board Guidelines, and the goals, objectives, and policies of the General Plan. (Prior code § 9041.1) 9.04.10.04.020 Applicability. In all districts except the Rl and R2R residential districts, but including the RIA lots developed for parking uses, no building, structure, parking lot, storage yard, or other site improvements shall be erected, constructed, converted, established, .altered, remodeled, enlarged, or otherwise modified, nor shall any lot or premises be used or occupied until such time as the premises are suitably landscaped in accordance with this Subchapter. In the RIA; OP-lA, OP-2A, OP-3A, and OP-4A Districts, lots developed for parking uses, prior to issuance of a building permit, landscaping and irrigation plans shall be submitted to the Architectural Review Board for review and approval in a manner prescribed by the Zoning Administrator. An existing building non-conforming as to site landscape standards may be modified without complying with these standards provided that the building is not substantially remodeled. (Prior code § 9041.2; added by Ord. No. 1496CCS, adopted 9/26/89) 9.04.10.04.030 Reserved. 9.04.10.04.040 Reserved. 9.04.10.04.050 Reserved .. 9.04.10.04.060 Required landscape area for building sites. (a) In all residential districts, including the RVC District, a minimum of fifty percent of the required front and side yard setback shall be landscaped, except that for parcels less than fifty feet in width, fifty .percent of one side yard shall be landscaped. In OP-1, OP-2, OP-3, and OP-4 Districts, all areas 460a 9.04.1 0.02.460 (Santa Monica Supp. No. 52, 2-07)
Santa Monica Municipal Code 9.04.10.04.060 not covered by sidewalks, driveways, porches, garages or buildings, shall be treated as landscaped areas, as defined in this Chapter. . (b) In the C2, C4, C6 and BCD Districts, a landscape area equal in square footage to one and one-half times the street frontage of the parcel shall be provided adjacent to each public street right-of-way. The required area may be provided in any configuration except that no portion of the building shall be located between the landscape area and the public right-of-way and only areas within ten feet of the parcel line shall count toward this requirement. For purposes of this· Section, landscape areas shall be considered to be in-ground planters and shall not · include hardscape. The landscape requirements for the C2, C4, C6 and BCD Districts may be modified subject to the review and approval of the Architectural Review Board if the Board determines that an alternative landscape configuration would meet the objectives of this requirement. The Architectural Review Board may require either more or less landscaping than would otherwise be required by this Chapter if the following findings are made: ( 1) That the strict application of the provisions of Section 9.04.10.04.060(b) would result in practical difficulties or wmecessary hardships inconsistent with the general purpose and intent of the Santa Monica Municipal Code and the Land Use Element or that there are exceptional circumstances or conditions applicable to the proposed project that do not apply generally to other sites covered by the Section; (2) That the granting of a landscape setback adjustment would not adversely affect public welfare, and would not be detrimental or injurious to property and improvements in the surrounding area; (c) For all new construction or major remodeling in the C5 Special Office District, a landscaped area at least fifteen feet wide shall be provided and maintained immediately adjacent to all property lines adjacent to streets or rights-of-way except in required driveway or other access areas. (Prior code§ 9041.6; amended by Ord. No. 1553CCS, adopted 10/23/90; Ord. No. !706CCS § 2, adopted 9/28/93; Ord. No. 2187CCS § 8, adopted 5/25/06) 9.04.10.04.070 Required landscape area and lightingo for surface parking lots and other vehicular use areas. (a) A minimum often percent of the total exterior paved area that accommodates vehicular traffic including surface parking lots, accessways, driveways (including those serving drive-in and drive-through restaurants, banks, and grocery stores), loading areas, service areas, and parking stalls shall be devoted to landscaped islands, peninsulas, or medians distributed throughout the paved area. A minimum of one tree, for each one thousand two hundred square feet of paved area that accommodates vehicular traffic shall be provided and· ma,intained. However, the Architectural Review Board may modify these requirements for exterior paved areas which predominantly proviqe parking and circulation for buses and other similar oversized fleet vehicles provided that the following findings can be made: (l) That the strict application of the provisions of this subsection (a) would result in practical difficulties .or unnecessary hardships inconsistent-with the general purpose and intent of the Santa Monica Municipal Code and the General Plan or that there are exceptional circumstances or conditions applicable to the proposed project that do not apply generally to other sites covered by the Section; (2) That the modification ofthese requirements would not adversely affect the public welfare, and would not be detrimental or injurious to property and improvements .in the .. surrounding area. (b) The landscape area required for parking lots and vehicular use areas shall be in addition to the landscape area required for ·building sites pursuant to the provisions of Section 9.04.10.04.060. (c) Lighting shall be provided and maintained in accordance with Section 9.04.1 0.02.270. (Prior code§ 9041.7; amended by Ord. No. 2001CCS § 1, adopted 3/6/01) 9.04.10.04.080 Landscape screening and buffering of commercial, industrial, and parking uses from residential uses. (a) In all commercial districts, the RVC District, and BCD District, all areas devoted to vehicle parking, storage,· service, repair, equipment replacement, washing, polishing, painting, and similar uses that are visible from a public right-of-way shall be screened according to the standards set forth in this Section. The provisions ofthis Section shall not apply to areas devoted to the display of automobiles for sale, lease, or rental where the sale, lease, or rental is the principal commercial business. ( 1) A landscaped strip shall be provided and maintained, except in a required driveway or other access area, that is not less than two feet in depth measured horizonta!ly from the property line adjacent to the public right-of-way. (2) Permanent, opaque landscaping, berming, fencing, or walls shall be provided and maintained at a height of not less than three feet above the average adjacent grade at a distance of not less than two feet measured horizontally .from the property line adjacent to the public right-of-way. In no case -shall the screening, fence or·wall exceed eight feet in. height above the adjacent grade. Plant material may exceed eight feet in height. (3) Grading should be used as much as possible to screen parking lots by lowering the parking area or by providing landscaped earth mounds or berms. ( 4) In lieu of the requirements of subsections (1), (2), and (3) above, the Architectural Review Board may approve other screening plans, designs, and materials of .equal -area and screening which satisfy the intent of the screening standards. '(5) No screen required to be erected and maintained by · these standards shall be constructed within five feet measured horizontally on either side of a driveway entrance or vehicular accessway opening onto a street or alley, which would impair an unobstructed cross view of pedestrians on walk, alley, or elsewhere by motorists entering or leaving. The unobstructed areas shall not exceed five feet on either side of a driveway, 460-1 (Santa Monica Supp. No. ·so, 8-06)
9.04.10.04.080 Santa Monica Municipal Code entrance, or vehicular accessway, unless required for safety reasons. (b) A landscaped buffer shall be provided and maintained . on a commercial, industrial, or «A" zoned parcel when the side or rear yard of the parcel abuts a residentially zoned or used parcel. The landscaped buffer to be provided and maintained on the commercial, industrial, or ''A" parcel shall contain a solid decorative masonry wall along all parcel lines adjoining residentially zoned or used parcels which shftll be not less than five feet and not more than eight feet in height measured from the ground level of the residential parcel. A five-foot-Wide landscape area between the wall and the commercial, industrial, or parking use shall be prOvided consisting of one tree per every five linear feet of frontage planted not less than five feet apart and not less·than five feet in height when planted. In lieu of the requirements in this subsection, the Architectural Review Board may approve other buffering plans, designs, and materials of equal area and screening which satisfy the intent of the buffering standards. (c) The landscape area required for screening and buffering shall be in. addition to-the landscape area required for building sites pursuant to the provisions of, Section 9.04.10.04.060. (Prior code§ 9041.8; amended by Ord. No. 1803CCS § 9, adopted 5/23/95) 9.04.1 0.04.090 Screening of automobile dealerships. (a) In all commercial districts, all areas visible from the public right-of-way devoted display of automobiles for sale, lease, or rental where the sale, lease, or rental is the principal commercial business shall be screened according to the following standards: (l) A landscaped strip shall be provided and maintained, except in a required driveway or other access area, that is not less than two feet in depth measured horizontally from the property line adjacent to the public right-of-way. There shall be provided in the landscaped strip a minimum of three shrubs per ten feet oflinear frontage Or portion thereof and adequate groundcover to provide complete coverage within two years. (Santa Monica Supp. No. 50, 3·06) 460-2
Santa Monica Municipal Code 9.04.10.04.090 (2) Permanent, opaque landscaping, fencing, or walls shall be provided and maintained at a height of not less than two feet above the average adjacent grade at a distance of not less than two feet measured horizontally from the property line adjacent to the public right-of-way. Plant material may exceed twenty-one feet in height. (3) ln lieu of compliance with subsections (1) and (2), the Architectural Review Board may approve other screening plans, designs, and materials of equal area and screening which satisfy meet the intent of the screening standards. (b) The landscape area required for screening shall be in addition to the landscape area required for building sites pursuant to the provisions of Section 9.04.10.04.060. (Prior code § 9041.9) · 9.04.10.04.100 Landscape maintenance and protection. (a) All. landscaped areas shall be maintained in accordance with the requirements set forth in Chapter 8.108 of this Code. (b) All landscaped areas shall be permanently maintained and kept free of weeds, debris, and litter. All plant materials shall be maintained in a 'healthy growing condition and diseased or dead plant materials shall be replaced, in kind, pursuant to the approved plans within thirty days. Alternatively, diseased or dead plant materials inay be replaced with plant materials that have lower water needs, as rated in the current edition of the Water Use Classification of Landscape Species published by the California Department of Water Resources, or equivalent documentation. (Prior code§ 9041.1 0; amended by Ord. No. 2261 CCS § 2, adopted 4/22/08) 9.04.10.04.110 Water conservation landscaping. All landscaped areas shall be maintained in accordance with the requirements set forth in Chapter 8.108 of this Code. (Prior code§ 9041.11; Amended by Ord. No. 2261CCS § 3, adopted 4/22/08) Part 9.04.10.06 Antennas* * Editor's Note: Part 9.04.1 0.06, ''Parabolic Antenna Regulations," as added by Prior Code Sections 9043.1 through 9043.6, has been amended in its entirety by Ordinance No. 1757 CCS, adopted July 26, 1994. 9.04.10.06.010 Nonparabolic antenna definitions. Antenna Array. A group of antenna elements on the same geometric plane. Antenna, Commercial. An antenna in any zoning district used in conjunction with a business, commercial enterprise, trade, calling, vocation, profession, occupation or means of livelihood, whether or not carried on for gain or profit, including, but not limited to, public utilities, cellular telephone communications or privately owned or publicYt supported AM or FM radio stations not otherwise exempt from the provisions of the Zoning-ordinance, cable television operations or television broadcast stations, but excluding FCC licensed 461 amateur radio stations and standard television receive only nonparabolic antennas. Antenna Element. Individual components of an individual antenna. Antenna Height. The distance from the grade of the property at the base of the antenna or, in the case of a roofmounted antenna, from the grade at the exterior base of the buildiiJ-g, to the highest point of the antenna and its associated support structure when fully extended. Antenna, Noncommercial. An antenna in any zoning district not used in conjunction with a business, commercial entetprise, trade, calling, vocation, profession, occupation, or means of livelihood, including, but not limited to, FCC licensed amateur radio stations and standard television receive only parabolic antennas. Antenna, Nonparabolic. An individual array or groUp of arrays used to transmit and/or receive electromagnetic signals, including, but not limited to, radio waves related to amateUr radio stations 'licensed by the Federal Communications Commission (FCC) and microwaves related to cellular telephone communications. Antenna Structure. An antenna array and its associated support structure, such as a mast or tower, but not to include a suspended simple wire antenna, that is used for the putpoSe of transmitting and/or receiving electromagnetic signals, including but not limited to radio waves and microwaves. Antenna Structure, Freestanding. An antenna structure that is not attached to a building, fence or other such structure. Antenna, TYRO Nonparabolic. A television receive only nonparabolic antenna. A standard roofmounted antenna array and its associated support structure,:, that is used solely to receive broadcast television signals. Antenna, Vertical Whip. A pole or single element vertical antenna no more than three inches in diameter, and its associated support structure. (Added by Ord. No. 1757CCS § 2 (part), adopted 7/26/94) 9.04.1 0.06.020 Nonparabolic antennas-Applicability. (a) A nonparabolic antenna that.is in existence as of the effective date of the ordinance codified-in this Part, as amended, may continue in existence at the current height and location and need not comply with the design standards stated herein unless the following occurs: (1) If, in the case of a roofmounted antenna, the antenna is replaced with one that is larger in any of its dimensions, the antenna structure shall then comply with the applicable regulations and design standards. (2) lf, in the case of a noncommercial freestanding antenna structure, an existing antenna is replaced with one that is larger in any of its dimensions, the antenna structure shall then comply with the regulations and design standards contained in Section 9.04.10.06.040. (b) No additional or structural alterations may be made to a nonconforming antenna structure that would increase its nonconformity with the applicable regulations and design standards. (Added by Ord. No. 1757CCS § 2 (part), adopted 7/26/94) (Santa Monica Supp. No. 57, 8-08)
9.04.10.06.030 Santa Monica Municipal Code 9.04.10.06,030 Non parabolic noncommercial antennas-Purpose. The city desires to allow nonparabolic noncommercial antennas in all areas of the Cit-;, subject only to limited and reasonable regulations which are permitted by Federal law in order to prevent such antennas from adversely affecting the public health, safety, welfare or aesthetic interests. · The City Council finds that amateur radio operators provide an important public service by participating in local, regional and statewide emergency and disaster preparedness programs, in facilitating international disaster relief programs, and in fostering international goodwill and understanding. The City Coun,cil finds, however, that antennas and antenna structures related to FCC licensed amateur radio communications may be aesthetically unsightly and visually obtrusive. The City Council recognizes that because of the important public service provided by amateur radio operators, the Federal Communications Commission (FCC) has partially preempted local regulation of amateur radio antennaS. Federal regulations specify that local regulations concerning the placement, screening or height of antennas for amateur radio communications must reasonably accommodate amateur communications and constitute the minimum practicable regulation necessary to accomplish the local agency's legitimate purpose. The City Council-finds that the regulations and design standards set forth in this Part reasonably accommodiite FCC licensed amateur radio communications and constitute the minimum practicable regulation necessary to protect the public health, safety and aesthetic interests. (Added by Ord. No. l757CCS § 2 (part), adopted 7/26/94) 9.04.10.06,040 Nonparabolic noncommercial antennas~Regulations and design standards. (a) A noncommercial nonparabolic antenna shall be installed, modified, and maintained in accordance with the following standards: (l) One roofmounted TYRO nonparabolic antenna per residential unit and up to four· rdofmounted rionparabolic antennas related to a FCC licensed amateur radio station shall be permitted for each parcel. One of the roofmounted TYRO nonparabolic antennas per parcel rriay extend up to twenty-five feet above the roofline, but all other additional TYRO nonparabolic antennas shall extend no more than fifteen feet above the roofline. One roofmounted vertical whip antenna related to a FCC licensed amateur radio station may extend up to twenty-five feet above the roofline; however, a11 other roofmounted antennas related to a FCC licensed amateur radio station shall extend no more than fifteen feet abOve the roofline. (2)-One freestanding antenna structure related to a FCC licensed amateur radio station measuring up to sixty-six feet in height or fifteen feet above the height limit of the distric. in which it is located, whichever height is greater, shall be permitted per parcel. For purposes of this section, antenna structures shall be measured to the highest horizontal antenna (Santa Monica Supp. No. 57, 8-08) 462 element. A freestanding antenna structure exceeding fifty feet in height shall be retractable to thirty-five feet. A single vertical element may extend fifteen feet beyond these height limits. (3) No portion of an antenna, including the array in any position, or of an antenna structure shall be located ' .;
Santa Monica Municipal Code 9.04.10.06.040 between the face of the main building and any public street or in any reqnired front or side yard setback. ( 4) The support structure shall be located a minimum of ten feet from the rear property line. Neither an anten-na nor an antenna structure shall extend beyond the property line of the parcel on which it is located. ( 5) Roofrnounted antennas or antenna structures shall be located at or to the rear of the centerline of a building. ( 6) An antenna structure shall be finished in a color to blend in with its inunediate surroundings, to reduce glare, and to minimize its visual intrusiveness and nega-tive aesthetic impact. (7) The display of any sign or any other graphics on an antenna or antenna structure is prohibited, except for public safety warnings, which warnings must be placed no higher than eight feet above the base of the antenna structure. (8) A building permit shall be obtained prior to the installation of an antenna structure, pursuant to the reqnirements of the Building Code. (b) Unless a finding is made that a proposed antenna poses an actual threat to the public health or safety, the Zoning Administrator, or the Planning Commission on appeal, shall have the authority to grant a Use Permit to modify the regnlations and design standards of subsection (a) paragraphs (1), (2), (3), (4), or (5) of this Section, if topographical conditions, nearby tall structures or other · factors unreasonably obstruct or otherwise unreasonably interfere with effective transmission or reception of the type desired and the cause of such obstruction or inter-ference was not created by the applicant. An application for a Use Permit may be reviewed upon payment of a nominal fee, the amount of which may be established from time to time by the City Council by ordinance or resolution. As a condition of approval of a Use Permit to modify the design standard of subsection (a) para-graph (2) of this Section, an antenna structure shall be reqnired to be retractable to thirty-five feet. In cases where topographical conditions surrounding the antenna structure or the presence of nearby tall structures physi-cally impede retracting an antenna to thirty-five feet, the Zoning Administrator, or the Planning Commission on appeal, may allow an antenna structure to be retracted to a height greater than thirty-five feet. (Added by Ord. No. 1757CCS § 2 (part), adopted 7/26/94) 9.04.10.06.100 Nonparabolic commercial antennas-Purpose. The City desires to allow nonparabolic commercial antennas, including those associated with cellnlar tele-phone communications, in appropriate areas of the City, subject only to limited and reasonable regnlations which are permitted by State law in order to prevent such antennas from adversely affecting the public health, safety, welfare, or aesthetic interests. The city recognizes that the California Public Utilities Commission (CPUC) has delegated its authority to regu-late the location and design of cellnlar telephone facili-ties to local governments, except in those instances when there is a clear conflict with the State interest in having a reliable and widespread cellnlar telephone service. Moreover, the CPUC has retained jurisdiction to pre-empt local authority to regnlate cellular telephone service in those instances of clear conflict with the State interest. The City Council finds, however, that commercial antennas and antenna structures, including those anten-nas related to cellular telephone communications, may be aesthetically unsightly and be visually obtrusive. The City Council finds that the regnlations and design stan-dards set forth in this Part allow nonparabolic commer-cial antennas, including those associated with cellular telephone communications, in appropriate areas of the City, and that they are necessary to protect the public health, safety, welfare, and aesthetic interests. Further, the City Council finds that these regnlations and design standards promote, and are not in conflict with, the State interest in having a reliable and widespread cellular telephone service. (Added by Ord. No. 1757CCS § 2 (part), adopted 7126/94) 9.04.10.06.110 Nonparabolic commercial antennas-Regnlations and design standards. (a) Commercial antennas shall be installed, modified and maintained in accordance with the following stan-dards: (1) No commercial antenna shall be located in a residential district; (2) Commercial antennas may be located in all other districts, except that the installation of freestanding antenna structures which allow the attachment of anten-nas shall be prohibited in the Main Street Commercial (CM), Neighborhood Commercial (C2), Residential-. Visitor Commercial (RVC) and Neighborhood Commer-cial Overlay (N) Districts. (3) One roofrnounted TYRO nonparabolic antenna structure and one freestanding antenna structure for each · ·sev.en thousand five hundred square feet of parcel area, -and in the case of mixed use or residential development, one TYRO nonparabolic antenna perresidential dwelling unit, shall be permitted per parcel. The number of anten-nas attached to a single support structure shall be deter-mined by the structural integrity of the support structure. ( 4) No freestanding antenna structure shall extend beyond fifreen feet above the height limit of the district. ( 5) A freestanding antenna structure shill not be located between the face of the main building and any public street or in any reqnired front or side yard. (6) One roofrnounted TYRO nonparabolic antenna and one vertical whip antenna of up to twenty-five feet above the roofline shall be permitted per parcel. Addi-tional TYRO nonparabolic antennas or other nonparabolic antennas shall not extend beyond fifreen feet above the roofline. All roofrnounted antennas shall be located or screened so as to minimize pedestrian level view from public streets or from any neighboring residen-tial uses. . (7) The display of any sign or any other graphics on an antenna, antenna structure or screening is prohibited, except for public safety warnings, which warnings must 462-1 (Santa Monica 2~96)
9.04.10.06.110 Santa Monica Municipal Code be placed no higher than eight feet above the base of the antenna structure or screening. (8) An antenna structure shall be finished in a color to blend in with its immediate surroundings, to reduce glare, and to minimize its visual intrusiveness and nega-tive aesthetic impact. (9) A building permit shall be obtained prior to the installation of an antenna structure, pursuant to the requirements of the Building Code. (b) Uniess a finding is made that a proposed antenna poses an actual threat to the public health or safety, the Zoning Administrator, or the Planning Commission on appeal may approve a use permit to modify the regula-tions and design standards of subsection (a)(1) through ( 6) of this Section, if topographical conditions, nearby tall structures or other factors unreasonably obstruct or otherwise unreasonably interfere with effective trammis-sion or reception of the type desired and. the cause of such obstruction or interference was not created by the applicant. (Added by Ord. No. 1757CCS § 2 (part), adopted 7/26/94; amended by Ord. No. 1834CCS § 5, adopted 12/12/95) 9.04.10.06.120 Parabolic antennas-Purpose. The City desires to allow television receive only (TYRO) parabolic antennas in all districts of the City and to allow other parabolic antennas in appropriate dis-tricts of the City, subject oniy to limited and reasonable regulations which are permitted by Federal and State law in order to prevent such antennas from adversely affect-ing the public health, safety, welfare or aesthetic inter-ests. The City Council finds that, typically, parabolic anten-nas are larger in size, surface area and weight than nonparabolic antennas. Therefore, parabolic antennas pose a unique threat to the structural safety of buildings to which they are mounted or braced and to the public safety because of wind loadings and seismic activity. These threats necessitate careful attention to the loca-tion, height, and installation of parabolic antennas in order to avoid injury to persons and property from fallen or windblown antennas. Moreover, parabolic antennas, because of their larger size and surface area, are aestheti~ cally unsightly and have a greater negative visual impact than nonparabolic antennas; parabolic antennas may be visually obtrusive and block views from neighboring properties. The City Council recognizes, however, that the Feder-al Communications Commission (FCC) has partially preempted local regulation ofTVRO parabolic antennas. Local regulations concerning the location, screening, size or height ofTVRO parabolic antennas must have reason-able and clearly defined health, safety and aesthetic objectives, may not unreasonably limit or prevent satellite television signal reception, and may not impose costs on the users of such antennas that are excessive in light of the purchase and installation cost of the antenna. The City Council recognizes, further, that the Califor-nia Public Utilities Commission (CPUC) has delegated to local governrnents its authority to regulate the location and design of cellular telephone facilities, including (Santa Monica 2-96) parabolic microwave antennas, except in thos_e instances when a clear conflict exisis with the State interest in having a reliable and widespread cellular telephone service. Moreover, the CPUC has retained jurisdiction to preempt local authority to regulate cellular telephone service in those instances of clear conflict with the State interest. The· city council finds that the regulations and design standards set forth in this Part are necessary to protect the public health, safety, welfare and aesthetic interests and that they neither unreasonably limit or prevent satellite television signal reception, nor conflict with the State interest in having a reliable and widespread cellular telephone service. The City Council finds, further, that these regulations and design standards do not impose costs on the users of television receiving only parabolic antennas that are excessive in light of the purchase and installation costs of such equipment. (Added by Ord. No. 1757CCS § 2 (part), adopted 7/26/94) 9.04.10.06.130 Parabolic antennas-Applicability. This Part shall apply to any parabolic antenna in-stalled or modified on or after the effective date of the ordinance codified in this Part, as amended, and to any parabolic antenna previously installed without undergoing review and approval by the Planning and Zoning Division or previously installed without a building permit. Any such parabolic antenna shall immediately be made con-forming to the regulations and design standards. Any other parabolic antenna installed prior to the effective date of said ordinance, as amended, which does not conform to the regulations and design standards stated herein shall be made conforming within six months after the effective date of said ordinance. (Added by Ord. No. 1757CCS § 2 (part), adopted 7/26/94) 9.04.10.06.140 Parabolic antenna definitions. Antenna, Commercial. An antenna in any zoning district used in conjunction with any business, commercial enterprise, trade, calling, vocation, profession, occupa-tion, or means of livelihood, whether or not carried on for gain or profit, including but not limited to public utilities, cellular telephone communications or privately owned or publicly supported AM or FM radio stations, unless otherwise exempt from the provisions of the Zon-ing Ordinance, cable television operations or television broadcast stations, but excluding TVRO parabolic anten-nas. Antenna, Groundmounted Parabolic. A parabolic antenna, the weight of which is fully or partially sup-ported by an approved platform, framework, pole, or other structural system, which system is affixed or placed directly on or in the ground. Antenna Height. The vertical distance between the highest point of a parabolic antenna when actuated to its most vertical position and the grade below, for a groundmounted parabolic antenna, and to the roof below for a rooftop parabolic antenna. 462-2 Antenna, Microwave Relay Parabolic. A transmitting and receiving antenna, typically parabolic, disc or double
Santa Monica Municipal Code 9:04.06.10.140 convex shaped with an active element external to the disc, that communicates by line of sight with another similar aritenna or a geosynchronous orbiting satellite. Antenna, Noncommercial. A television receive only parabolic antenna in any district. Antenna, Parabolic. A parabolic, semi-parabolic, disc, convex or double-convex shaped accessory structure, including, but not limited to, a main dish and covering, feedhom, receiving element, structural supports and all other components thereof, which transmits and/or re-ceives television signals or electromagnetic waves by line of sight with another similar antenna or a geosynchro-nous or orbiting satellite. Antenna, Rooftop Parabolic. A parabolic antenna which extends above the roofline of a building and which is affixed through the use of an approved framework or other structural system to one or more structural mem-bers of a building or to the roof of a building. Antenna, Satellite Uplink. A commercial parabolic antenna which receives and transmits electromagnetic waves by line of sight with geosynchronous orbiting satellites. Antenna, 1VRO Parabolic. Television receive only parabolic antenna. 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 anten-na from adjoining and nearby public street rights-of-way and private properties is precluded or minimized. (Added by Ord. No. 1757CCS § 2 (part), adopted 7/26/94) 9.04.10.06.150 1VRO parabolic antennas located in residential districts. (a) Regulations and Design Standards. Only TYRO parabolic antennas shall be permitted in residential districts; no commercial parabolic antenna shall be per-mitted in any n;si(lential district. TYRO parabolic anten-nas located in residential districts shall be installed, modified, and maintained in accordance with the follow-ing standards: (1) One antenna shall be permitted per parcel, except that parcels in excess of seven thousand five hundred square feet shall be permitted an additional antenna for each additional seven thousand five hundred square feet of parcel area. (2) The diameter of a TYRO antenna shall not ex-ceed twelve feet (3) The antenna shall not be located in the front half of the parcel. (4) The antenna height shall not exceed fifteen feet for groundmounted antennas, nor, in the case of rooftop antennas, extend beyond fifteen feet above the roofline. (5) Groundmounted antennas shall comply with all setback requirements specified within the district for one story accessory· buildings. The ·permitted height of such antennas shall not exceed that height as provided in subsection (a) paragraph (4) of this Section. .(6) If located in the R1, OP1, OP Duplex, R2R, or R2B Districts the antenna shall be groundmounted; rooftop antennas may be permitted in other residential districts; however, antennas shall not be closer than ten feet to the property line. (7) The antenna shall be finished in a color to blend in with the immediate surroundings, to reduce glare, and to minimize its visual intrusiveness and negative aesthetic impact. (8) The antenna shall be screened in a manner consis-tent With Section 9.04.10.06.140(i); however, any screen-ing required by the City shall not unreasonably obstruct or otherwise unreasonably interfere with reception. (9) The antenna shall be located so as to prevent obstruction of the antenna's reception window from potential permitted development on adjoining parcels. (10) A building permit shall be obtained prior to installation of an antenna pursuant to the requirements of the Building Code. (11) The display of any sign or any other graphics on an antenna is prohibited except for public safety warn-ings, which warnings must be placed no higher than eight feet above the base of the antenna. (b) Notwithstanding subsection (a) of this Section, one rooftop TYRO parabolic antenna of less than twen-ty-four inches in diameter and extending no more than five feet above the roofline may be permitted per parcel, or in the case of multi-family residential developments, one such antenna shall be permitted per . residential dwelling unit. In the alternative, one such antenna per parcel, or in the case of multi-family residential develop-. ments, one such antenna per residential dwelling unit, may be located in any rear yard provided the height above grade does not exceed six feet. Antennas permitted per this subsection must comply with the regulations and design standards of subsection (a) paragraphs (3), (7), (8), (9), (10) and (11) of this Section; however, public safety warning signs must be placed no higher than four feet above the base of the antenna. (Added by Ord. No. 1757CCS § 2 (part), adopted 7126/94) 9.04.10.06.151 Modification of regulations and design standards in residential districts. (a) Unless a finding is made that a proposed parabol-ic antenna poses an actual threat to the public health or . safety, the Zoning Administrator, or the Planning Com-mission on appeal, shall have the authority as set forth in subsection (b) of this Section to grant a Use Permit to modify the regulations and design standards of Section 9.04.10.06.150. An application for a Use Permit may be reviewed upon payment of a nominal fee, the amount of which may be established from time ·to time by the City Council by ordinance or resolution. (b) An application for a Use Permit may be approved in whole or in part to modify the regulations and design standards of subsection (a) paragraphs (1), (2), (3), (4), (5), (6) or (8) and of subsection (b) of Section 9.04.10-.06.150: (1) In cases where locating the antenna in confor-mance with the provisions of this Section would unrea-sonably obstruct or otherwise uoreasonably interfere with 462-3 (Santa Monica 11·94)
9.04.10.06.151 Santa-Monica Municipal Code reception and the cause of such obstruetion or interfer-ence was not created by the applicant; (2) Iri cases where compliance with the design stan-dards would impose costs that are excessive in light of the purchase and installation costs of the antenna (Add-ed by Ord. No. 1757CCS § 2 (part), adopted 7/26/94) -9.04.10.06.160 Parabolic antennas loaaled in non-residential districts. (a) Regulations and Design Standards. Any parabolic antenna located in any non-residential district shall be installed, modified, and maintained in accordance with the following standards: (1) Only one TVRO and two microwave antennas shall be permitted per parcel, except that parcels in excess of seven thousand five hundred square feet shall be permitted an additional antenna of each type for each additional seven thousand five hundred square feet of parcel area. (2) The diameter of a TVRO parabolic antenna shall not exceed twelve feet and the diameter of a microwave relay parabolic antenna shall not exceed four and one-half feet. (3) Groundmounted antennas shall comply with all setback requirements specified within the district for one story accessory buildings. The permitted height of such antennas shall not exceed that height specified in subsec-tion (a) paragraph (4) of this Seetion. ( 4) The antenna height shall not exceed fifteen feet for groundmounted antennas, nor, in the case of rooftop antennas, extend beyond fifteen feet above the roofline. (5) The antenna shall be screened in a manner con-sistent with Section 9.04.10.06.140(i); however, any screening required by the City shall not unreasonably obstruct or otherwise unreasonably interfere with recep-tion. (6) The antenna ~hall be finished in a colorto blend lo with the immediate surroundings, to reduce glare, and to minimize its visual intrusiveness and negative aesthetic impact. (7) The antenna shall be located so as to prevent obstruetion of the antenna's reception window from potential permitted development on adjoloing parcels. (8) A building permit shall be obtained prior to installation of an antenna pursuant to the requirements of the Building Code. (9) The display of any sign or any other graphics on an antenna is prohibited except for public safety warn-ings, which warnings must be placed no higher than eight feet above the base of the antenna. (b) Notwithstanding subseetion (a) of this Seetion, one rooftop TVRO parabolic antenna of less than twen-ty-four laches lo diameter and extending no more than five feet above the roofline shall be permitted per parcel; or in the case of residential or mixed use developments, · , one such antenna shall be permitted per residential dwelling unit. In the alternative, one such antenna per parcel, or in the case of residential or mixed use develop-ments, one such antenna per residential dwelling unit may be located in any rear yard, provided the height above grade does not exceed six feet Antennas permitted per this subsection must comply with the regulations and design standards of subsection (a) paragraphs (3), (5), (6), (7}, (8) and (9) of this Seetion; however, public safety warning signs must be placed no higher than four feet above the base ofthe antenna. (Added by Ord. No. 1757CCS § 2 (part), adopted 7/26/94) 9.04.10.06.161 Modification of regulations and design standards in non-residential districts. (a) Unless a finding is made that a proposed antenna poses an actual threat to the public health or safety, the Zoning Admloistrator, or the Planning Commission on appeal, shall have the authority as set fotth in subsection (b) of this Seetion to grant a Use Permit to modify the regulations and design standards of Section 9.04.10.06-.160. An application for a Use Permit may be reviewed upon payment of a nominal fee, the amount cif which may be established from time to time by the City Council by ordinance or resolution. (b) An application for a Use Permit may be approved in whole or in part to modify the design standards of subseetion (a) paragraphs (1), (2), (3), (4), (5), or (7) and ofsubseetion (b) of Section 9.04.10.06.160: (1) In cases where locating the antenna in Confor-mance with the provisions of this Section would unrea-sonably obstruct or otherwise unreasonably interfere with ·reception and the cause of such obstruction or interfer-ence was not created by the applicant; (2) In cases where compliance with the design stan-dards impose unreasonably excessive costs lo relation to the purchase and installation costs of the antenna; (3) In cases where the technical needs of cable televi-sion or telecommunications operators are demonstrated to require modification of the regulations and design standards.(Added by Ord. No. 1757CCS § 2 (part), adopted 7/26/94) 9.04.10.06.170 Satellite uplink antennas. The installation of any satellite uplink antenna shall be subject to review and approval of a Use Permit as set fotth in Section 9.04.10.06.161. (Added by Ord. No. 1757CCS § 2 (part), adopted 7/26/94) Part 9.04.10.08 Off-Street Parklog Requirements 9.04.10.08.010 Purpose. Off-street parking requirements are lotended to achieve the following: (a) To provide parking lo proportion to the needs generated by varying types of land use. (b) To reduce traffic congestion and hazards. (c) To protect neighborhoods from the effects of vehicular noise and traffic generated by uses in adjacent non-residential districts. (d) To assure the maneuverability of emergency vehi-cles. (e) To provide accessible, attractive, and well-main-tained off-street parking facilities. (Prior code § 9044.1; (Santa Monica 11·94) 4624
Santa Monica Municipal Code 9.04.I 0.08.0 I 0 amended by Ord. No. I705CCS § I (part), adopted 9/21193) 9.04.10.08.020 Applicability. Every change of use and every building or structure erected or substantially remodeled after adoption ofthis Chapter shall provide off-street parking pursuant to the provisions of this Part. (Prior code§ 9044.2; amended by Ord. No. 1705CCS § I (part), approved 9/21/93) 9.04.10.08.030 General provisions. No use permitted by this Chapter occupying all or part of a parcel or building site shall be permitted unless off-street parking spaces. are provided in an amount and under. the conditions designated by the provisions of this Part. · (a) In this Part, the word "use" shall refer to the type of use, the extent of the use, and a change in use either in type or extent. (b) Any existing lawful use may continue so long as the number of off-street parking spaces provided for the use is not reduced below the requirements of this Part or below the number of off-street parking spaces required at the time the use was legally established, whichever is less. (c) No building or structure shall be constructed or moved onto a site unless off-street parking spaces in an amount and under the conditions set forth in this Part are provided for the use proposed for the building or Structure. (d) Additional parking spaces in the number specified in Section 9.04. !0.08.040 shall be provided for any new floor area added to an existing stmcture which results in a greater parking requirement. (e) Every change of use in an existing building or structure shall conform to the following requirements: (1) For any new use of an existing non-residential building or' structure such that the new use will require a greater number of parking spaces as compared to the previous use, parking spaces in the number specified in Section 9.04. 10.08.040 shall be provided for the new use. Ifthere has been no legal use of the existing commercial or industrial building or structure for over twelve months, no additional parking shall be required for· any permitted new use which requires a parking standard no more intense than one space per three hundred square feet in commercial district.s, or one space per four hundred square feet in industrial districts; (2) For any new commercial, cultural, health, industrial, or commercial entertainment and recreation use of an existing residential building or structure, parking spaces in the number specified in Section 9.04.I 0.08.040 shall be provided for the entire parcel; (3) For any new residential or educational use of an existing residential building or· structure· such that the new residential or educational use will require· a greater·number of parking spaces as compared to the previous use, parking spaces in the number specified in Section 9.04.I 0.08.040 shall be provided for the new use. If there has been no legal use of the existing residential building or structure for over six months, no additional parking shall be required for any permitted new residential or educational use provided that the 463 number of required parking spaces does not exceed the number-of spaces required for the last legal use. (f) Requirements for uses not specifically listed in this Part shall be determined by the Zoning Administrator and the City Parking and Traffic Engineer based upon the requirements· for comparable uses and upon the particular characteristics of the use. (g) Required guest parking in residential districts shall be designated as such and restricted to the use of guests. (h) Walls, hedges, fences, and landscaping within parking areas shall comply with the provisions of Part 9.04.10.04. (i) Fractional space requirements totaling 0.5 or above shall be rounded up to the next whole space. (j) For purposes of calculating· off-street-parking requirements for dwelling units, all private living spaces including but not limited to dens, studios,· family rooms, studies and lofts shall be considered as "bedrooms" except that a maximum of one such room per unit shall not count as a bedroom if it is less than one hundred square feet in area. Kitchens, bathrooms and one living room per unit shall not be considered bedrooms. Semiprivate rooms shall not count as. bedrooms if they have no doors and a minimum seven-foot opening to adjacent living space. A loft or mezzanine shall not count as a bedroom if the maximum width of the loft or mezzanine is less than seven feet. (k) Unless otherwise specified, the floor areas used to calculate the number of off-street parking spaces required for non-residential uses pursuant to the provisions of Section 9.04.10.08.040 shall include: (I) All floor area located below grade devoted to office, retail, service, or other activities and uses, storage areas, restrooms, lounges, lobbies, kitchens, and interior hallways and corridors, unless exempted by the Chapter; (2) All outdoor patio, deck, balcony, terrace, or other outdoor area that will accommodate a pennanent activity· that will generate a demand for parking facilities in addition to tha~ which is provided for principal activities and uses within the building or structure; (3) Floor area devoted to parking shall not be included when determining required parking; (I) A parking demand analysis may be.required if it is · deemed necessary by the Parking and Traffic Engineer and Zoning Administrator. The analysis shall be paid for by the developer. In the event the analysis shows parking requirements greater than required by this Part, the Parking and Traffic Engineer and Zoning Administrator shall require such additional parking as is required by the analysis. (m) The provisions of Section 9.04.I0.08.040 of this Chapter shall not apply if the subject property is located within the City's Parking Assessment District. (n) If a project contains more. than one use; the parking requirement for each use shall be calculated separately based on the standards contained in Section 9.04.10.08.040 of this Chapter, unless otherwise permitted by this Chapter. (Prior code§ 9044.3; amended by Ord. No. I705CCS § ll (part), adopted 9/21/93) (Santa Monica Stipp. No. 50, 8-06)
9.04.10.08.040 Santa Monica Municipal Code 9.04.10.08.040 Number of parking spaces required. Parking space requirements are indicated in Table 9.04.10.08.040. Use Artist studio Visitor spaces Boarding homes Boarding homes deed restricted to low and : moderate incon~e Condominiums: Studio, no bedrooms 1 or more bedrooms Visitor spaces Congregate housing Detached single family units Detached single family units on lots of30 feet or less in width Detached single family units on Pacific Coast Highway north of Santa Monica Pier (LCP Subarea Ia) Visitor spaces (Santa Monica Supp. No. 50, 8-06) Table 9.04.10.08.040 RESIDENTIAL (FA~ floor area) Minimum Off-Street Parking Requirement I space for each 750 sq. ft. of residential area, minimum of 1 space. l space for each 400 sq. ft. of manufacturing space. l space for each 300 sq. ft. of retail gallery space. l space per 5 residential units (applies to. projects of 5 or more residential units). 0.5 space per unit plus one guest space per 5 units. 0.25 space per unit plus one guest space per 5 units. 1 covered space. 2 covered spaces per unit. I space per 5 units (applies to projects of 5 or more units). l space per 5 beds. 2 spaces in a garage per dwelling unit. 2 spaces in a garage which may be in a tandem arrangement. 2 spaces-in a garage per _dwelling unit.-2 oer dwelling unit (mav be tandem). 464 Maximum Percent· Compact Spaces Allowed None 40 40 40 40 40 None None 40 40 None None None None
Use Domestic violence shelters Fraternity-type housing with sleeping facilities Homeless shelters Multi-family residential: Studio, no bedrooms l bedroom 2 or more bedrooms Visitor spaces Multi-family housing deed-restricted for occupancy by low and moderate income households: Studio, no bedrooms 1 bedroom 2 bedroom or _larger Visitor Senior group housing and senior housing Senior group housing and senior housing that is deed restricted or restricted by an agreement approved by the City for low and moderate income Single-room occupancy--Single-room occupancy deed restricted to low and moderate income Santa Monica Municipal Code Table 9.04.10.08.040 (Continued) Minimum Off-Street Parking Requirement 0.5 space per bedroom. l space per bed. l space per l 0 beds. 1 covered space. 1.5 space per unit. 2 spaces per unit. 1 space per 5 units (applies to projects of 5 or more units). Any surface parking shall be provided in the rear half of the residential lot. 1 space per unit. 1 space per unit. 1.5 ~paces per unit. 1 space per 5 units (applies to projects of 5 or more units). 0.5 space per unit plus 1 guest space per 5 units. 0.25 space per unit plus l guest space per 5 units. 0.5 space per unit plus 1 guest space-per 5 units. 0.25 space per unit plus l guest space per 5 units. 465 9.04.10.08.040 Maximum Percent Compact Spaces Allowed 40 40 40 None None None 40 40 40 40 40 40 40 40 40 (Santa Monica Supp. No. 50, S-06)
9.04.1 0.08.040 Use Transitional housing Use Automobile rental agency Automobile repair Santa Monica Municipal Code Table 9.04.10.08.040 (Continued) Minimum Off-Street Parking Requirement 0.5 space per bedroom plus l guest space per 5 units. COMMERCIAL (FA ~ floor area) Minimum Off-Street Parking Requirement I space per 500 sq. ft. of FA plus l space per 1,000 sq. ft. of outdoor rental storage area.* l space per 500 sq. ft. of non-service-bay FA plus 2 spaces per service bay.* * No required off-street parking space shall be used for sale, rental of repair of autos. Automobile service station with or without mini-mart Automobile sales Auto washing (self-service or coin operated) General office Hotels, motels Lumber yards, plant nurseries Market of less than 5,000 square feet, liquor store Markets 2,500 square feet or less in the BSCD, C3 and C3C Districts (Santa Monica Supp. No. 50, 8-06) 3 spaces if for full service station, 1 space if for self service station, plus 1 space for each 100 sq. ft. of retail, and requirements for automobile repair where applicable l space per 400 sq. ft. of floor area for showroom and office, plus l space per 2,000 sq. ft. of exterior display area and requirements for automobile repair where applicable, plus l space per 300 sq. ft. for the parts department. 2 spaces for each washing stall, not including the stall. · l space per 300 sq. ft. ofF A. 1 space per guest room plus 1 space for each 200 sq. ft. used for meetings and banquets. Other uses such as bars and restaurants which are open to the general public shall provide parking as required by this Section. I space per 300 sq. ft. of FA for interior retail plus I space per 1,000 sq. ft. of outdoor area devoted to display and storage. l space per 225 sq. ft. I space per 300 sq. ft. 466 Maximum Percent -Compact Spaces Allowed 40 Maximum Percent Compact Spaces Allowed 40 40 40 None 40 40 40 40 40
Use Markets with floor area greater than 5,000 square feet Restaurant: Restaurants 2,500 square feet or less with no separate bar area located in the BSCD, C3 and C3C Districts Restaurant Fast food, take-out, drive-in , drive-through restaurants Bars and nightclubs (dance halls, discos, etc.) Retail: Retail, general and service Retail, furniture and large appliance Use Auditoriums Day care: Small family day care home Large family day care home Santa Monica Municipal Code Table 9.04.10.08.040 (Continued) Minimum Off-Stt·eet Parking Requirement 1 space per 250 sq. ft. 1 space pe 300 sq. ft. 1 space per 300 sq. ft. of support area, 1 space per 75 sq. ft. ofservice and seating area open to customers, and l space per 50 sq. ft. of separate bar area. 1 space per 75 sq. ft. ofF A. Minimum of 5 spaces must be provided. 1 space per 50 sq. ft of FA. Portions of restaurants that include bars shall be calculated using this standard. 1 space per 300 sq. ft. ofF A. 1 space per 500 sq. ft. ofF A. EDUCATIONAL/CULTURAL (FA ~ floor area) Minimum Off-Street Parking Requirement l space per 4 .fixed seats. No requirement above that required for the-existing residence. No requirement above that required for the existing residence. 467 9.04.10.08.040 Maximum Percent Compact Spaces Allowed 40 40 40 40 40 40 40 Maximum Percent Compact Spaces Allowed 40 Not applicable Not applicable {Santa Monica Supp. No. 50, 8-06)
9.04.!0.08.040 Preschool nursery schools, day care centers excluding large/small family day care Libraries Museums and galleries Private elementary schools Private junior high schools Private high schools Private colleges, professional business or trade schools Stadiums Use Convalescent homes, residential care facilities community care facilities, rest horne, residential facilities for seven or more persons Hospice facilities Hospitals and medical centers Massage Medical and dental offices and clinics including physical therapists, acupuncturists and chiropractors , 1,000 sq. ft. or greater total FA per building (Santa Monica Supp. No. 50, 8-06) Santa Monica Municipal Code Table 9.04.10.08.040 (Continued) Minimum Off~Street Parking Requirement 1 space per 500 sq. ft. of building area. 1 space per 250 sq. ft. ofF A. 1 space per 300 sq. ft. ofF A. l-0 spaces plus 1 per classroom. 30 spaces plus 1 space per classroom. 50 spaces plus 4 spaces per classroom. 1 space per 80 sq. ft. of assembly area (including classroom area) or 1 space per each 4 fixed seats, whichever is greater. 1 space per 5 seats. HEALTH SERVICES (FA = floor area) Minimum Off-Street Parking Requirement 1 space per 5 beds. 2 spaces. 1 space per 2 beds plus 1 space per 250 sq. ft. ofF~ for outpatient use. 1 space per 300 sq. ft. ofF A. 1 space per 250 sq. ft. ofF A. 468 Maximum Percent Compact Spaces Allowed 40 40 40 40 40 40 40 40 Maximum Percent Compact Spaces Allowed 40 40 40 40
Use Medical and dental offices and clinics including physical therapists, acupuncturists and chiropractors, less than 1,000 sq. ft. total FA per building Mental health professionals Residential care facilities with a capacity of six or fewer residents Veterinarians, animal and-veterinary hospitals Use Film production studio Light and limited industrial manufacturing Mini-warehousing/storage Warehouse Santa Monica Municipal Code Table 9.04.10.08.040 (Continued) Minimum Off~Street Parking Requirement 1 space per 300 sq. ft. ofF A. 1 space per 300 sq. ft. No requirement beyond that required for the residence. 1 space per 250 sq. ft ofF A. INDUSTRIAL USES (FA~ floor area) Minimum Off-Street Parking Requirement 1 space per 400 sq. ft. of studio production space, 1 space per 300 sq. ft. of editing FA, 1 space per 300 sq. ft .. ofadministrative office. 1 space per400 sq. ft. ofF A for manufacturing plus 1 space per 300 sq. ft. of FA for office use. 1 space per 4,000 sq. ft. ofF A for manufacturing plus 1 space per 300 sq. ft. of FA for office use. 1 space per 1,000 sq. ft. 9.04.1 0.08.040 Maximum Percent Compact Spaces Allowed 40 40 Not applicable 40 Maximum Percent Compact Spaces Allowed 40 40 40 40 COMMERCIAL ENTERTAINMENT AND RECREATION Use Bowling alleys (FA~ floor area) Minimum Off-Street Parking Requirement" · 2 spaces per lane, plus 50% of requirements for related commercial uses. 469 Maximum Percent Compact Spaces. Allowed 40 (Santa Monica Supp. No. 50, 8-06)
Use Billiard or pool parlors, roller or ice skating rinks, exhibition halls and assembly halls without fixed seats, including assembly areas within community centers, private clubs, lodge halls and union headquarters Health clubs, indoor athletic facilities and exercise/dance. studios Theaters, cinemas (single and multi-screen) and other places of assembly Tennis, handball, racquetball and other athletic court facilities Use Places of worship and other places of assembly including mortuaries, banquet facilities and convention facilities Santa Monica Municipal Code Table 9.04.10.08.040 (Continued) Minimum Off-Street Parking Requirement 1 space per 80 sq. ft. ofF A of assembly area. 1 space per 80 sq. ft. of exercise area, 1 space per each 300 sq. ft. oflocker room/sauna/ shower area, plus applicable code requirement for other uses. I space per 4 fixed seats or 1 space per 80 sq. ft. of FA of as~embly area, whichever is greater. 2 spaces per court plus 1 space per 80 sq. ft. of spectator area or 1 space per 4 fixed seats, whichever is greater. MISCELLANEOUS (FA ~ floor area) Minimum Off-Street Parking Requirement I space per 80 sq. ft. ofF A of assembly area, or 1 space for each 4 fixed seats, whichever is greater, plus requirements for other uses as applicable, Maximum Percent Compact Spaces Allowed 40 40 40 40 Maximum Percent Compact Spaces Allowed 40 (Prior code§ 9044.4; amended by Ord. No. 1645CCS § 8, adopted 9/22/92; Ord. No. 1705CCS § I (part), adopted 9/21/93; Ord. No. 1803CCS § 10, adopted 5/23/95; Ord. No. 2187CCS § 9, adopted 5/25/06) (Santa Monica Supp. No. 50, 8-06) 470
Santa Monica Municipal Code 9.04.10.08.050 9.04.10.08.050 Number of bicycle, vanpoo1 and carpool parking spaces required. (a) All new non-resid~nqal buildings or structures shall provide off-street bicycle parking as follows: (1) A minimum offouf b_icycle parking spaces on-site; (2) New buildings or structures over fifteen thousand square feet shall provide bicycle parking at a rate of five percent ofthe automobile par:kl!lg required pursuant to Section 9.04.1 0.08.040 and shall provide a minimum of one electrical outlet which shall be a~cessible to the parking area for the purpose of recharging electric vehicles; (3) In new buildings or structures over fifty thousand square feet, fifty percent of the required bicycle parking shall be-provided for long-term bicycle commuters. Long-term bicycle parking shall consist of either a "locker" with a fully enclosed lockable space ,accessible only to the owner/operator of the bicycle; attendant parking with a-check-in system in which bicycles are accessible only to the ittendant(s); or a locked room or office inside the'building designated for the sole p-urpose of securillg bicycles; ( 4) All required outdoor bicycle parking shall be located so asJp.be not further than one-halfofthe distance from the furthest off-street auto parking space from a main entrance of the building being developed. Bicycle parking spaces shall be separated from automobile parking spaces by either a wall, a fence, a .curb, or by at least five feet of open space where parking is prohibited. The bicycle parking shall also have a m·inimurh of six feet overhead clearance. Signage indicating the availability and location of bicycle parking shall be . ins tailed at ·the main entrance to the subject building in a ·-location visible and legible to users of the subject building. (b) All new office and industrial buildings or structures over fifty thousand square fe'et shall provide permanently designated vanpool and carpool parking spaces at a rate often percent of the automobile spaces required pursuant to Section 9.04.10.08.040, and all other non-residential buildings or structures over fifty thousand square feet shall provide off-street vanpoOl and carpool parking spaces at a rate of five percent of the· automobile spaces required pursuant to Section 9.04.10.08.040. All required vanpool parking spaces shall have a tninimum·overhead clearance of seven feet two inches. (Prior code§ 9044.5; amended by Ordc No. l705CCS § I (part), adopted 9/21193) 9.04.10.08.060 Design standards. "All new parking shall be designed to the following standards, unless otherwise required by the Parking and Traffic Engineer: (a) Dimensional Requirements. Minimum parking dimensions shall comply with the standards approved by the City Parking and Traffic Engineer. An unobstructed inside dimet_1sion of eighteen feet in length by twenty feet in width shall be provided for a private twq-car garage or carport, eXcept a private two-car garage lawfully in existence on May 5, 1999 may be maintained if the garage serves a single-family residence and has an unobstructed inside dimension of at least eighteen feet in width by eighteen feet in length. 471 · (b) Parking areas provided. to meet the requirements of this Part shall be arranged so as to be safe and convenient. Each space shall be accessible to an automobi1e of standard or compact siZe. No tandem parking shall be p~rmitted in any residential district in connection with any parking required for any residential use. (c) Storage areas may be located above the parking space provided that they do nOt encroach into the .length of a parking space by more than three and one~ half feet and provided that tf:te storage area is at least four and one~ half feet above the floor. (d) The de:Sign, location, or position of ·any parking layout, entry, driveway, approach, or accessway from any street or alley .shall be approved by the Parking and Traffi<:; Engineer. (Prior code § 9044.6; ,amended by Ord. No. 1705CCS § .J (part), adopted 9/2l/93; Ord. No. 1957CCS § I, adopted 10112/99) 9~04.10.08.070 Parl<ing access in all districts. (a) Use of a required parking space shall not require more than two vehicle maneuvers. Notwithstanding the above, for all uses with twenty or more parking spaces, up to five percent of the total number of parking spaces, with a maximum of ten spaces, may require four turning maneuvers. Such spaces shall be distributed around the parking area(s) on the parcel. (b) Exits from any subterranean or s~misubterranea"Q parking structure shall provide sight distance whiCh complies with standards established by the Transportation Planning Manager. (c) The width of any garage door shall be at least eight feet for a single space and at leasfsixteen feet for two spaces. Unless otherwise expressly prohibited in this Chapter, additional width shall be required-if the Transportation Planning Manager determines that it is necessmy and appropriate to adequately address circulation, traffic and safety concerns. (Prior code.§ 9044.7; amended by Ord. No. 2298CCS § 3, adopted I 0127 /09) 9.04.10.08.080 Parking access in multi-family residential districts. The following parking access requirements apply in multi~ family residential districts: (a)· ·No curb cuts for purposes of providing street access to on-site parking spaces s~all be perm-itted except where a projeot site meets at least one of the following conditions: (1) The site has no adjacent side or rear alley having a minimum right-of-way of fifteen feet. . · (2) The topography or configuration of this . site or placement of buildings on the site precludes reasonable alley ·access to a sufficient number of parking spaces to the extent-that uSe of the property is restricted beyond o~herWise applicable Property" Development Standards, as determined by the Zoning Administrator and City Parking and Traffic. Engineer or the Planning Commission or City Council, depending upon which body is charged with making the determination; (3) The average slope of the parcel is at least five percent; (S~nta Mon-ica Supp. No. 63, 2~10)
9.04.10.08.080 Santa Monica Munkip"al Co_de ( 4) The Zoning Administrator and the City Parking and Traffic Engineer determine that a curb cut is appropriate due to traffic, circulation or safety concerns. (b) · If curb cuts are required, curb cut widths shall be kept to the minimum width required.' (c) On lots with ade:quate alley access, projects with new buildings or substantial remodels shall be required to replace any existing curb cuts or driveway aprons with a new full height curb. (Prior code § 9044.8; amended by Ord. No. 1705CCS § I (part), adopted 9/21/93) 9.04.10.08.090 Parking acc2ss in non-residential districts. The fo11<?wing parking access requirements ~hall apply to the Commercial and Illdustrial Districts: (a) Projects in the BSC, C3 for that area located between the centerlines of Colorado Avenue to the south and Wilshire Boulevard to the north; and C3-C zoning districts shall access on-site parking from the alley and non-residential or mixed use projects located. in other commercial zoning districts requiring ten or fewer parking spaces shall not be pennitted to have any nemCurb cuts for purposes of providing on-site parking spaces, except where a proje(£meets at least one of the following conditions: (1) The site has. no adjacent side or rear alley having a minimum of twenty-foot wide right-of-way; (2) The topography or configuration of the site, or placement of existing buildings to re"main on the site, precludes reasonable alley access to a sufficient number of parking spaces to the extent that use of the property is restricted beyond otherWise applicable developinent standards, as determined by the Zoning Administrator and Transportation Planning Manager, or Planning. Commission or City Council, depending upon which body is charged with making the determination; (3) The average slope of the parcel is at least five percent; ( 4) A Tesidential district is located directly across any alley that would be used for access; (5) The project includes one or more of the following uses: automobile service station, automobile or vehicle repair, hotel or motel, ·drive-in or qrive-through business, high volume use as determined by :the Zoning Administrator; (6) The Zoning Administrator and the Transportition Planning Manager determine that a curb ·cut is appropriate due to traffic, safety or circulation concerns. (b) If curb cuts are necessary, curb cut widths shall be kept to the minimum width required. (c) On lots With adequate alley acCess, projects with new buildingS or substantial remodels shall Qe required to replace any existing curb cuts and driveway aprohs as required by the Environmental and Public Works Management Department. (Prior code § 9044.9; amended by Ord. No. 1705CCS § 1 (part), adopted 9/2l/93; Ord. No. 2187CCS § 10, adopted 5/25/06) . 9.04.10.08.100 Driveways. (a) For purposes of this Section: (Santa Monic~ Supp. No. 63, 2-10) 472 (1) A driveway is defined as an access drive leading from a public street or right-of-way to a parking area, or from one parking area to another, but not including any ramp, aisle, maneuvering area or driveway <ipproach. (2) A ramp is defined as an access driveway leading from· one parking level to another. (b) Driveways in the Rl Single-Family District shall not be less than ten feet in width. The driveway width shall be maintained free and clear of all obstructions. (c) In multi-family residential districts, drivewayS shall conform to the following stimdards: Single drivewaY. Double driveway 10-fo.ot minimum, with 12-foot minimum apron 20,.foot minimum, with 24-foot minimum apron. The minimum number and type of driveways required to be provided shall be determined based on the number of parking spaces contained in any given parking area.according to the following standard: 1 to _20 spaces 21 to 40 spaces 41 spaces and over 1-single driveway 1 double driveway Number and type of driveway to be apprpved by the Transportation Planning Ivianager based on considerations of safety, efficiency, am). effectiveness. The driveway Width shall be maintained free and clear of all obstructions. (d) In all commercial and industrial districts, driveways shall conform to the followillg standards; . Single driveway Double driveway 10-foot minimum, with 12-foot minimum apron 20-foot minimum, with 24-foot minimum· apron · The minimum ~umber and type of driveway require.d to be provided shall be detertnined on the number of parking spaces contained in any given parking area according to the following· standard: 1 to 20 spaces 21 to 40 spaces · 41 spaces and over 1 single driveway 1 double driveway Number and type of driveway to be approved by the Transportation Planning Mariager based on: considerations of safety, ·efficiency, and effectivenesS. The driveway width shall be maintained free and clear of an obstructions. . (e) In all districts, interior ramps with one-way traffic Shall be nOt less than fourteen feet in width and ramps with tw:o-way traffic shall be not less than twenty feet in width.
Santa Monica Municipal Code 9.04.10.08.100 (f) In all districts, the Zoning Administrator and the City Parking and Traffic Engineer may reduce the driveway width as necessary and appropriate such that circulation, traffic and safety concerns are adequately addressed. (Prior code § 9044.10; amended by Ord. No. 1496CCS, adopted 9/26/89; Ord. No. 1705CCS §I (part), adopted 9/21/93; and Ord. No. 2298CCS § I, adopted I 0/27 /09) 9.04.10.08.110 Surfacing. All driveways and parking areas shall be surfaced with a minimum thickness of two inches of asphaltic cOncrete over a minimum thiclmess of four inches of a base material or alternative equivalent material approved by the City Parking and Traffic Engineer. (Prior code§ 9044.11; amended by Ord. No. 1705CCS § I (part), adopted 9/21/93) 9.04.10.08.120 Marking of parking spaces. All parking spaces, except in the Rl District orin a garage or carport containing two or fewer parking spaces or in an outdoor motor vehicle sales area, shall be striped in a manner clearly showing the layout ofthe intended parking stalls. The striping shall be maintained in a clear and visib-le manner. All parking spaces shall be clearly marked as compact, guest~ carpool or vanpool parking, if applicable. (Ptior code § 9044.12; amended by Ord. No. 1705CCS § I (part), adopted 9/21/93) 9.04.10.08.130 Wheel stops. Wheel stops or continuous concrete curbing at least six inches in height shall be required for parking spaces abutting landscaped areas or walls. (Prior code § 9044.13; amended by Ord. No. 1705CCS §I (part), adopted 9/21/93) 9.04.10.08.140 Lighting. Parking areas designed to acconunodate three or more vehicles shall conform to Section 9.04.1 0.02.270. (Prior code § 9044.14; amended by Ord. No. 1705CCS § I (part), adopted 9/21/93) 9.04.10.08.150 Landscaping. Landscaping shall comply with the provisions of Part 9.04.10.04. (Prior code § 9044.15; amended by Ord. No. 1705CCS §I (patt), adopted 9/21/93) 9.04.10.08.160 Screening. Screening of surface parking lo.ts in all commercial districts and screening of parking areas for three or more cars abutting residentially zoned or used property shall comply with the provisions ofPart9.04.1 0.04. (Prior code§ 9044.16; amended by Ord. No. 1705CCS § I (part), adopted 9/21/93) 9.04.10.08.170 Slope. (a) Areas uSed exclusively for parking excluding inter-connecting ramps shall be designed and improved with grades not to exceed a six and two~ thirds percent slope. (b) Slopes of all driveways and ramps used for ingress or egress of parking facilities shall be designed in accordance with the standards established by the Strategic and 472-1 Transportation Planning Manager but shall not exceed a twenty percent slope. Profiles of driveway, ramp, and grade details must be submitted· to the Strategic and-Transportation Planning ty!anager for approval whenever any slope exceeds six percent. (Prior code§ 9044.17; amended by Ord. No. 1705CCS § I (patt), adopted 9/21/93; Ord. No. 2351CCS § 4, 3/22/11) 9.04.10.08.180 Drainage. All required off-street parking facilities in commercial and industrial districts shall be so designed so that surface water run-off will not drain over any sidewalk (Prior code § 9044.18; amended by Ord. No. 1705CCS § I (part), adopted 9/21/93) 9.04.10.08.190 Location of required parking spaces. (a) Required off-street parking spaces shall be located on the parcel or building site. In commercial or industrial districts, off-street parking may be located off ofthe parcel or building site, except as prohibited by Section 9.04.10.08.200 of this Chapter, if each of the following conditions are satisfied: (I) All parking spaces are located within one thousand feet of the perimeter of the parcel or building site and the parking· area commences within three hundred feet of the perimeter. This distance shall be computed from the n~arest point of the parking area. · · (2) The property on which the parking spaces are proVided is owned in fee by the owner of the parcel or building site which is subject to the parking space requirements. (3) Additional docume:nts, covenants, deed restrictions, or other agreements as may be deemed necessary by the Zoning Administrator are executed to assure that the required parking spaces are maintained off site. (b) Parking requirements may not be met by providing parking in the front one-half of a parcel in a residential distriCt except: (I) In a Garage. Ifthe garage faces the front lot line, the garage doors shall not be more thafi eighteen feet wide for each seventy-five feet or fraction thereof oflot width. A door to a single space shall not be less than eight feet or more than nine feet wide, and a door to two spaces shall be sixteen feet wide. Not more than one double garage may be entered from the side street side of a comer or a reversed comer lot in compliance with Section 9.04.10.08.070( c). Any garage on the front one-half of a lot or on the side street.side of a comer or a reversed corner lot shall be fully enclosed within the architecture and structure of the main building except for entrances; (2) In multi-family residential districts, where the parcel has no alley, provided that no part of a required front yard shall be used for parking purposes; (3) Where the parcel is in the A Overlay District and has been approved for parking use pursuant to the provisions of Part 9.04.08.36. (Prior code§ 9044.19; amended by Ord. No. 1705CCS § I (part), adopted 9/21/93; Ord. No. 1795CCS §I, (Santa Monica Supp. No. 68, 5-11)
9.04.10.08.190 Santa Monica Municipal Code adopted 4/11/95; and Ord. No. 2298CCS § 4, adopted 10127/09) 9.04.10.08.200 Subterranean parking structures. A parking structure shall be considered to be subterranean if the structure is entirely underground. All subterranean parking structures shall be constructed and maintained· as follows: (a) All openings for ingress and egress facing the front parcel line shall be situated at or behind the front building line of the main building. There shall be no more than two openings. facing the front parcel line for each main building. (b) A subterranean parking structure may be constructed and maintained in any req~ired Yard area. except in the required unexcavated areas. , (c) Exits from any subterranean parking structure shall provide sight distance which comply with standards established by the City Parking and Traffic Engineer. (d) Development located on two or more separate parcels may share common subterranean parking garages or link circulation between subterranean parking facilities only if the parcels are combined pursuant to Section 9.04.06.0!0(g). · (Prior code § 9044.20; amended by ord. No. 1705CCS § I (part), adopted 9/21/93; Ord. No. 1706CCS § 3, adopted 9/29/93; Ord. No. 1795CCS § 2, adopted 4/11/95) 9.04.10.08.210 Semisubterranean parking structures. A parking structure shall be considered to be semisubterranean if the structure is partially underground and if the finished floor of the first level of the building or structure above the parking structuie does not.exceed three feet above the average natural or existing grade of the lot, except for openings for ingress and egress. A semisubterranean parking structure shall not be counted ~s a floor or story for calculating building height. All semisubterranean parking structures shall be constructed and maintained as follows: (a) All openings foringress and egress facing the front lot line shall be situated at or behind the front building line of the main building, except for the OP-1, OP-Duplex, OP-2, OP-3, and OP-4 Districts where front yard setback standards apply. There shall be no more than two openings facing the front lot line for each main building. · (b) On lots having a width of fifty feet or greater, a semisubterranean parking structure may be constructed and maintained in any required side or rear yard area except in a required unexcavated area, and shall not be located in a required front yard. (c) On lots less than fifty feet in width, a semisubterranean parking structure may extend to both property lines and to the rear property line, but may not extend into a required front yard. (d) Exits from any sernisubterranean parking structure shall provide sight distances which comply with standards established by the City Parking and Traffic Engineer. (Prior code § 9044.21; amended by Ord. No. 1494CCS, adopted 9/26/89; Ord. No.1705CCS §I (part), adopted9/21/93; Ord. No. 1706CCS § 4, adopted 9/28/93) 9.04.10.08.220 Use of required off-street parking spaces. Required off-street parking spaces shall be available at all times during the hours of operation of the use for which the parking is required. Assignment of parking spaces to individual users or tenants within a mixed use and/or multi-tenant project shall be prohibited except when such spaces are reserved for dis~bled parking, car or vanpool users or residential units. (Prior code § 9044.22) Part 9.04.10.10 Off-Street Loading Requirements 9.04.10.10.010 Purpose. The standards contained in this Part are intended to assure that commercial and industrial uses, senior group housing, hotels, day care homes, child care centers, and schools provide adequate facilities for the pickup or delivery of goods and passengers in a manner providing the following: (a) Accessible, attractive, and well-maintained loading and delivery facilities. (b) Reduced potential for traffic congestion and hazards. (c) Protection for adjacent parcels and surrounding neighborhoods from the effects of vehicular noise and traffic generated from the proposed use. (d) Loading and delivery services in proportion to the needs generated by the proposed use which are_ clearly compatible with adjacent parcels and the surrounding neighborhood. (Prior code§ 9045.1) 9.04.10.10.020 Applicability. Any use requiring the loading and delivery of goods or passengers shall provide permanently maintained off-street loading and delivery facilities for the new or expanded portion of the use pursuant to the provisions of this Part. (Prior code § 9045.2) 9.04.10.10.030 General provisions. Off-street freight and equipment loading spaces shall be provided for all offices, hospitals, institutions, hotels, group housing, and other commercial and industrial uses pursuant to the following provisions: (a) Loading spaces shall be not less than ten feet in width, twenty feet in length, with fourteen feet. of vertical clearance. (b) When the parcel upon which the loading spaces are located abuts an alley, the loading spaces shall be accessible .from the alley, The length of the loading space may be measured petpendicular to or parallel with the alley. Where the loading area is parallel with the alley and the parcel is fifty feet or less in width, the loading_ area shall extend across the full width of the parcel. The length of a loading area need not exceed fifty feet for any two spaces. (Santa Monica Supp. No. 68, 5~11) 472-2
Santa Monica Municipal Code 9.04.10.10.030 (c) Loading spaces being maintained in connection with any principal building in existence on the effective date of this Chapter shall thereafter be maintained so long as the building remains 1 unless an equivalent number of loading spaces are provided on a contiguous parcel in conformity with the requirements of this Part. This subsection shall not require the maintenance of more loading spaces for an existing building than are required for a new building. (d) Any required loading space may be located in the required rear yard provided that it is not located in any required landscaped area and provided that no portion of a street or alley is counted as part of the required loading area. (e) The number of off-street freight and equipment loading spaces required shall comply with the following provisions: Total Gross Floor Area Commercial Buildings: Loading Spaces Required 3,000 ~ 15,000 ........................ 1 15,001 -45,000 ........................ 2 45,001 -75,000 ........................ 3 75,001 -105,000 ........................ 4 105,001 and over .............. : ......... 5 Industrial Buildings: 0-20,000 ........................ 1 20,001 -40,000 ........................ 2 40,001 -80,000 ........................ 3 80,001 -120,000 ...................... ' . 4 120,001 -160,000 ........................ 5 160,001 and over ........................ 6 Hospitals and Institutions: 3,000 -20,000 . . . . . . . . . . . . . . . . . . . . . . . . 1 20,001 __;. 50,000 ........................ 2 50,001 -80,000 ........................ 3 80,001 -110,000 ........................ 4 110,001 and over ........................ 5 Hotels and Office Buildings: 3,500-15,000 ........................ I 15,001 -50,000 ........................ 2 50,001 -100,000 ........................ 3 100,001 and over ........................ 4 Senior Group Housing (with Central Kitchen): 10 -100 units ....................... . 100 and over ........................ 2 Neighborhood Grocery Store . . . . . . . . . . . . . . . . . . . 1 (f) Passenger loading spaces shall be provided in addi· tion to any required freight and equipment loading spaces when required by this subsection. Pissenger loading spaces shall comply with parking space size requirements for stan-dard parking spaces, shall be located in close proximity to the building entrance, and shall not require pedestrians to cross a driveway, parking aisle, alley, or street in order to reach the building entrance. 473 Use Passenger Loading Spaces Required Small Family Day Care Home .................. 0 Large Family Day Care Home . . . . . . . . . . . . . . . . . . 1 Day Care Center, Pre·School, Elementary School (K-6): 1 -20 children . . . . . . . . . . . . .......... . 21 -60 children . . . . . . . . . . . . . . . . . . . . . . . 2 61 -300 children ........ · ............... 3 300 children and over ..................... 4 Neighborhood Grocery Store . . . . . . . . . . . . . . . . . . . I The Parking and Traffic Engineer may authorize up to one required on~street passenger loading space along a -frontage curb for certain designated times if on-street park-ing spaces are typically available. during the designated times. (g) Required loading spaces shall not count as required parking spaces. (Prior code § 9045.3) Part 9.04.10.12 Project Mitigation Measures 9.04.10.12.010 Project mitigation measures. For any genenil office development, including medical office development, in excess of 15,000 square feet of new construction or 10,000 square feet of additions to existing development, the City shall impose project mitigation mea-sures that such development satisfy the Project Mitigation Measures of the Land Use and Circulation Elements of the General Plan ("Project Mitigation Measures"), the developer may satisfy the Project Mitigation Measures by complying with the provisions of this Subchapter. (Prior code § 9046.1) 9.04.10.12.020 In-lieu fees. (a) The Project Mitigation Measures may be satisfied by payment of an in-lieu fee paid to the City in accordance with this Section. (b) The amount of the fee shall be determined as fol-lows: $2.25 per square foot for the first 15,000 square feet of net rentable square footage and $5.00 per square foot for the remainder of the net rentable Square footage. The net rentable square footage of a building shall be the total square footage of the buildings minus the exterior and load bearing walls, elevator shafts, stairwells, equipment rooms, and parking. (c) Any fee pursuant to this Section shall be adjusted for inflation by the percentage change in the Consumer Price Index ("CPI'') between October, 1984 through the month in which payment is made. For purposes of this Section, CPI shall mean the index for Urban Wage Earners and Clericai Workers for the Los Angeles-Long Beach-Anaheim statisti-.cal area, as published by the United States Department of Labor, Bureau of Labor Statistics. (d) At least twenty-five percent (25%) of the total fee required by this Section shall be paid prior to the issuance of a Certificate of Occupancy for the development. The balance of the fee shall be due in equal annual installments with payment in ·full no later than three years after the issuance of the Certificate of Occupancy. All payments are subject to_ adjustment for inflation as provided in subsection (c). (e) Any fee required by this Section shall be secured by executi"on of an irrevocable letter of credit or other form of (Santa Monica 12-93)
9.04.10.12.020 ·Santa Monica Municipal Code security acceptable to the City in favor of the City for the full amount of the obligation. The letter of credit or other acceptable security shall be delivered to the City prior to the · issuance of a building permit for the development. (f) This Section shall not apply to any office develop-ment for which the City has approved, prior to the adoption of this Chapter, an agreement between the developer and a non-profit corporation to satisfy the Project Mitigation Measures. (Prior code § 9046.2) 9.04.10.12.030 On-site or off-site development. (a) Upon the mutual agreement of the developer and the City, the developer may satisfy the Project Mitigation Mea-sure by providing low and moderate income housing or developing new park space, on or off of the project site. The number of units of housing or square footage of park space to be provided by the developer shall be established at the level equal to the amount of the in-lieu fee which would be required for the project pursuant to Section 9.04.10.12.020 of this Part. This shall be determined by valuing each hous-ing unit at $30,060, and each square foot of improved park space at $48:00. No set percentage of either housing or parks shall be required for any individual development. The valua-tions of $30,060 per housing unit and $48.00 per square foot of improved park space shall be adjusted for inflation by the percentage change in the Consumer Price Index as specified in Section 9.04.10.12.020(c) of this Part, except that adjust· ments shall commence upon the effective date of this Chap-ter. (b) Ifthe developer elects to provide the required parks or housing on-site or off-site, the parks and housing must be approved by the City prior to issuance of a building permit unless it is being constructed in a separate phase. If the developer elects to develop the parks and housing off-site, or on-site in a later-phase of the development, completion of the parks and housing shall be secured by a letter of credit or other. fonn of security acceptable to the City in favor of the City delivered prior to issuance of a building permit. The developer mUst submit the necessary plans. evidence of site control, and financing plans to the City prior to issuance of a Certificate. of Occupancy. If the developer does not demonstrate prior to issuance of a Certificate of Occupancy that the parks and housing developments will be completed in a timely manner, the developer shall pay the first twenty-five percent (25%) installment of the in-lieu fee to the City, and subsequent annual installments, as required by Section 9.04.10.12.0 10. If the developer demonstrates that parks and housing developments are feasible on-site or off-site and will be completed in a timely manner, the letter of credit or other security shall remain in full force and effect until the parks and housing developments are complet-ed. · (c) Park space developed on-site or off-site pursuant to this Section shall meet the following minimum requirements: (I) All required setbacks shall be provided and shall not count toward the park space requirement. (2) Park space shall be separated from each adjacent building by a clearly defined' physical barrier, such as a fence, hedge, or other landscaping treatment. The physical barrier must be separated from each building by the normal-ly required setback. (3) The park shall be a minimum of one-half acre. (Santa Monica 12-93) 474 (4) Park space shaH be accessible to the general public directly from public thoroughfares. Parks shall be located so as to be highly visible from the surrounding streets. (5) Parking spaces for the park shall be provided accord-ing td a parking demand analysis which shall be the respon-sibility of the developer and which must be approved by the City Parking and Traffic Engineer. The parking for the park may be counted as park square footage only if the parking is dedicated solely to park users and can reasonably be restricted for that purpose. For any park of less than one acre, the parking provided shall not be included in the park square footage. (6) Park space shall be improved to the satisfaction of the City. If any improvements required by the City can be clearly demonstrated to exceed $6.00 per square foot, aver-aged for the entire park, as adjusted for inflation, the cost in excess of $6.00 per square foot shall be credited to the developer against the requirement under this Section. The burden of proof of excessive cost shall be on the developer, and the City shall approve any credit due to excess expendi-tures as part of the approval process. (7) Park space shall be dedicated to, and maintenance shall be the responsibility of, the City, unless alternative mutually acceptable agreements are made between the City and the developer. (d) Low and moderate income housing developed on-site or off-site pursuant to this Section shall meet the following minimum requiremerlts: · (I) All units must be affordable to households earning no more than 80% of the median area income, as published by the United States Department of Housing and Urban Development and amended from time to time. _ (2) The formulas for establishing rents shall be the same as those established for the City's inclusionary housing program of the Housing Element of the General Plan. (3) Units that are required to be provided on-site or off~slte .under the terms of a Removal Permit from the Rent Control Board by an office development that will displace existing controlled rental units may not be counted towards the satisfaction of the 'requirements of this Section. (4) ·units shall be targeted primarily to families and shall have an average of at least two bedrooms. (5) A management plan describing tenant selection and building management shall be approved by the City. (6) Units must be deed-restricted for at least fifty (50) years to r·emain affordable to low and moderate income per-sons. At the end onhis 50 year period, the units shall be dedicated to the City or its designee. (Prior code § 9046.3) 9.04.10.12.040 Use of in-lieu fees. (a) Each payment made pursuant to Section 9.04.10.12.010 of this Part shall be deposited into two Reserve Accounts in the General Fund as follows: (I) Forty-five percent ( 45%) shall be deposited into a Housing Mitigation Fund to be used for the development of low and moderate income housing. (2) Forty-five percent (45%) shall be deposited into a Parks Mitigation Fund to be used for the acquisition and development of new parks or for significant capital improve-ments which increase the recreational opportunities of exist-ing parks. (3) Ten percent (10%) shall be deposited into an account which may be transferred to either the Housing Mitigation Fund or Park Mitigation Fund.
Santa Monica Municipal Code 9.04.10.12.040 (b) If any development meeting the Project Mitigation Measures under Section 3 of the Ordinance does not provide such mitigation measures in accordance with a fifty percent housing-fifty percent parks formula, the value of the excess contribution for housing or parks shall result in a transfer from the appropriate Reserve Account as follows; (I) If the value of the park was more than fifty percent of the total value of the Project Mitigation Measures, the following amount shall be transferred from the Park Reserve Account to the Housing Reserve Account: fifty. percent of total value of the Project Mitigation Measures less the value of housing actually provided. (2) If the value ofthe housing was more than fifty percent of the total value of the Project Mitigation Meas1:1res, the following amount shall be transferred from the Housing Reserve Account to the Park Reserve Account: forty percent of the total value of the Project Mitigation Measures less the value of the park actually provided. (Prior code§ 9046.4) Part 9.04.10.14 Housing Development Incentives 9.04.10.14.010 Purpose. The City recognizes that there is a growing need for a range of housing opportunities in the City, including transitional housing, congregate housing, homeless shelters, single room Occupancy housing, and affordable housing which is deed-restricted or restricted by an agreement approved by the City. The standards allowed in this Part are intended to facilitate the development of such alternat~ve housing developments in the City. (Prior code§ 9047.1; added by Ord. No. 1496CCS, adopted 9/26/89; amended by Ord. No. 1750CCS § 31 (part), adopted 6/28/94) 9.04.10.14.020 Ocean Park density bonuses. Density bonuses shall be awarded for affordable housing projects in the folloWing districts according to the following formulas: (a) OP-2 District. Projects offour or more units may be developed with up to seventy-five percent more units than allowed by the district density standards when all of the density bonus units are permanently deed-restricted for low income hoUseholds. Projects of three units may receive a . bonus of one unit when the density bonus unit is permanently deed-restricted for a middle income household. A density bonus ·of twenty-five percent as mandated by the State of California is available for projects of five or more units, which meet State requirements, but do not meet the standards of this subsection. (b) OP-3 and OP-4 Districts. Projects qf four or more units may be develop~d with fifty percent more units than allowed by the district density standards when all of the density bonus units are permanently deed-restricted for low income households. Projects of three or four units may receive a bonus of one . unit when the density bonus unit is permanently deed-restricted for a middle income household. A density bonus oftwenty-fivepercent as mandated by the State of California is available for projects of five or more units, 475 which meet State requirements, but do not meet the standards of this subsection. (c) 1n calculating density bonus units, all fractional units shall be rounded up to-the next highest whole number of units. (Prior code§ 9047.2; added by Ord. No. 1496CCS, adopted 9/26/89; amended by Ord. No. 1750CCS § 31 (part), adopted 6/28/94) 9.04.10.14.030 Special housing development standards. The following development standards shall. apply to Affordable Housing Projects: (a) Height Bonus. (I) Non-Residential Districts. The height of an affordable housing project located in a non-residential district may exceed by ten feet the maximum number of feet allowed in the underlying zoning district. (2) Residential Districts. Affordable housing projects located in residential districts, on parcels which abut or are located across an alley from a non-residential district with a ·maximum height limit equal to or greater than the height limit for a pitched roo fin the residential district, shall not be subject to the requirement for a pitched roof and the flat roof may achieve the height established for a pitched roof. (b) Density Bonus. (!) Affordable Housing Projects in Non-Residential Districts. Affordable housing projects located in non-residential zoning districts may have a Floor-Area Ratio equal to the applicable FAR plus 0.5 times the floor area devoted to such units. In mixed-use projects, such bonus may be utilized in the residential portion of the project only. To the extent a project qualifies for a density bonus under State law, any bonus granted under this subsection shall be counted toward satisfYing the State density bonus requirement. (2) Affordable Housing Projects in Residential Districts. Affordable housing projects located in residential districts developed with individual dwelling units,_ which meet the requirements for a density bonus under State law, are also entitled to a separate local densitY-bonus of twenty-five percent. Any density bpnus received for affordable housing pursuant to other Zoning Ordinance provisions shall count toward the local density bonus, so that in no event shall the total density bonus for affordable housing under local ·provisions exceed twenty-five percent or the total density bonus including the state density bonus exceed fifty percent. (c) Setbacks. Affordable housing projects located on a comer parcel, the street frontage dimensions of which requires that the property line adjacent to the alley be deemed a side parcel line, may count one-halfofthewidth of the alley as a portion of the required side yard setback, as long as a minimum setback of four feet from the property line is maintained. (d) Unexcavated Area. Affordable housing projects need only provide and maintain the unexcavated area required by Section 9.04.10.02.170 of the Santa Monica Municipal Code on one side of the property. (Added by Ord. No. 1750CCS § 31 (part), adopted 6/28/94) (Santa Monica Supp. No. 68, 5-11)
9.04.10.!4.D40 Santa Monica Municipal Code 9.04.10.14.040 State incentives for affordable housing in residential zones-Density bonuses. This Section describes the minimum density bonuses which shall be provided, at the request of an applicant when that applicant provides affordable units, pursuant to Chapter 4.3 (commencing with Section 65915) ofDivision I of Title 7 ofthe Government Code, in addition to the affordable units, if any, required by Santa Monica Municipal Code Chapter9.56, the City's Affordable Housing Production Program. Notwithstanding any provision of this Section to the contrary, development projects must satisfy all applicable requirements of Chapter 9.56, the City's Affordable Housing Production Program, including, but not limited to, Sections 9.56.050, 9.56.100, 9.56.110 and 9.56.130. However, development projects of four or more residential units that provide on-site affordable units pursuant to Section 9.56.050 shall be entitled to the additional density bonuses and the incentives provided by Sections 9.04.10.14.050 and 9.04.10.14.060 and to the waiver/modification of development standards provided by Section 9.04.10.14.070. (a) The City shall grant a density bonus to a developer of a housing development who seeks a density bonus under the State Density Bonus law and agrees to construct at least one of the. following in accordance with the requirements of this Section and Government Code Section 65915:. (!) Ten percent of the total units of the housing development as restricted affordable units affordable to lower income households; or (2) Five percent of the total units of the ]lousing development as restricted affordable units affordable to very low income hoUseholds; or (3) A senior citizen housing development; or ( 4) A qualifYing mobile home park; or (5) Ten percent of. the total units of a common interest development as restricted affordable units affordable to moderate income households, provi9.ed that all units in the development are offered to the public for purchase subject to the equity sharing and restrictions specified in Govetrunent Code Section 659l5(c)(2). (b) This Section establishes the minimum density bonuses that shall be awarded to a housing development in a residential zone under the State Density Bonus Law. In determining the number of density bonus units to be granted pursuant to this Section, the maximum residential density for the site shall be multiplied by 0.20 for subdivision (a)(l), (a)(2), (a)(3), and (a)(4) and by 0.05 for subdivision (a)(5), unless a lesser ilumber is selected by the developer. The number of density bonus units may also be increased in accordance with the Density Bonus Calculation Table and Density Bonus Summary Table located in Section 9.04.10.14.050. However, except as provided in Section 9.04.10.14.030(b )(2), in no event shall the total density bonus for affordable housing under locafprovisions and under state density bonus provisions exceed thirty-five percent. (I) In calculating the minimum dimsity bonus established by this Section or the additional density bonus established by Section 9.04.10.14.050, the density bonus units shall not be included when determining the number of restricted affordable. (Santa Monica su·pp. No. 68, 5-11) 476 units requited to qualify for a density bonus and any calculations resulting in a fractional number shall be rounded upwards to the next whole number. Each housing development is entitled to only one density bonus; which may be selected based on the percentage of either very. low restricted affordable units, lower income restricted affordable units or moderate income restricted affordable units, or the development's status as a senior citizen housing development or qualifying mobile home park. Density bonuses from more than one category may not be combined. (2) A developer may request a lesser density bonus than that which is available for a hol.lsing development under this Section and Section 9.04.10.14.050; however, the City shall not be required to similarly reduce the number of units required to be dedicated pursuant to this Section and Government Code Section 65915(b). (c) Certain other tYpes of development activities are specifically eligible for a density bonus: (I) A residential project may be eligible for a density bonus in return for land donation pursuant to the requirements set forth in Government Code Section 65915(g). (2) A residential project that contain~ a child care facility as defined by Government Code Section 65915(h) may be eligible for an additional density bonus or incentive pursuant to the requirements set forth in that section. (Added by Ord. No. 1834CCS § 6, adopted 12112/95; amended by Ord. No. 2350CCS § 1, adopted 2/22/11) 9.04.10.14.050 Additional density bonus increase in residential zones. As set forth in the Density Bonus Calculation Table an~ Density Bonus Summary Table at the end of this Section, a housing development shall be granted an increase in the density bonus up to a maximum of thirty-five percent by increasing the number of restricted -affordable units, as follows: (a) For each one pei'cent increase in the percentage of restricted very low income affordable units, a housing development will receive an additional two and one-half percent density bonus up to a maximum of thirty-five percent. (b) For each one percent increase in the percentage of restricted lower income affordable units, a housing develop~ent will receive an additional one and one-half percent density bonus up to a maximum ofthirty-five percent. (c) For each one percent increase in the percentage of moderate income affordable units, a for sale housing development will receiv~ an additional one percent density bonus up tQ a maximum of thirty-five percent. (d) For each one percent increase above the minimum ten percent land donation described in Government Code Sectioil 65915(h)(2), the density bonus shall be increased by one percent to a maximum of thirty-five percent. This increase shall be in addition to any increase in density mandated by subsection (c) of this Section, up to a maximum combined by right density increase of thirty:. five percent. (e) No additional density bonus increases shall be authorized for senior citizen housing developments or
Santa Monica Municipal Code 9.04.10.14.050 qualifYing mobilehome parks beyond the bonus authorized by Section 9.04.10.14.040(b). (f) Affordable housing units provided pursuant to this Section and Section 9.04.10.14.050 shall conform to the affordability requirements set forth in subsections (b) and (c) of Government Code Section 65915 as applicable. Density Bonus Summary Table Minimum% Target Group Restricted Affordable Units V ;;;:y Low Income 5% Lower Income 10% Moderate Income (Common Interest 10% Dev.) Senior Citizen Housing Development/Qualifying Mobile 100% Home Park Delisity Bonus Calculation Table Percentage of Vefy~Low Density Bonus Percentage Income Units 5 20 6 22.5 7 25 8 . 27.5 9 30 10 32.5 11 35 Percentage of Lower~ Density Bonus Percentage Income Units 10 20 11 21.5 12 23 13 24.5 14 26 15 27.5 16 29.0 17 30.5 . 18 32 19 33.5 20 35 Percentage of Moderate-Density Bonus Percentage Income Units 10 5 11 6 12 7 13 8 14 9 15 10 16 11 Additional Bonus % Restricted for Each 1% Affordable Units Bonus Granted Increas.e in Required For -476-1 Restricted Maximum 35o/o Affordable Units Bonus 20% 2.5% 11% 20% 1.5% 20% 5% 1% 40% 20% --Percentage of Moderate~ Density Bonus Percentage Income Units 17 12 -18 13 19 14 20 15 21 16 22 17 23 18 24 19 25 20 ·26 21 27 22 28 23 -29 24 30 25 31 . 26 32 27 33 28 34 29 35 30 36 31 37 . 32 38 33 39 34 40 35 (Added by Ord. No. 2102CCS § 11, adopted 12/16/03; amended by Ord. No. 2217CCS § 1, adopted 1/23/07; Ord. No. 2350CCS § 2, adopted 2/22111) 9.04.10.14.060 State incentives for affordable housing in residential zones. This Section includes provisions for providing incentives pursuant to Chapter 4.3 (commencing with Section 65915) of Division I of Title 7 of the Government Code. An (Santa Monica Supp. No. 68, 5-11)
9.04.10.14.060 Santa Monica Municipal CoQ.e applicant may request incentives pursuant to this Section only when the residential project is eligible for, and the applicant requests, a density bonus pursuant to Section · 9.56.050(i) or pursuant to Section 9.04.10.14.040. (a) By Right Parking Incentives. As an alternative to Section 9.04.1 0.08.040, density bonus housing developments shall be granted the following maximum parking standards, inclusive of handicapped and guest parking, which shall apply to the entire deve1opment 1 not just-the restticted affordable units, when requested by a developer: (1) Zero to one bedroom dwelling unit: one on-site parking space; (2) Two to three bedrooms dwelling unit: two on-site parking spaces; (3) Four or more bedrooms: two and one-half parking spaces. If the total number of spaces required results in a fractional number, it shall be rounded up to the next whole number. For purposes of this subsection, this parking may be provided through tandem parking or uncovered parking, but not through on-street pafking. (b) Additional Incentives or Concessions. As set forth in the Incentives/Concessions Summary Table at the end of this subsection, in addition to by right parking incentives identi.fied in subsection (a), density bonus housing developments shaH be granted one, two or three incentives or concessions as follows: (1) For-housing developments with very low income restticted units: (A) One incentive or concession if five percent of the units (not including the bonus units) are set aside for very . low income households, (B) Two inCentives or concessions if ten percent of the units (not including the bonus units) are set asid~ for very low income households, . (C) Three· incentives or concessions if fifteen percent of the units· (not including the bonus units) are ~et aside for very low income households; (2) For housing developments with lower income or moderate income restriCted units: (A) One incentiye or concession if ten percent of the units are set.aside for lower income households or if ten percent of the units are set aside for moderate income households in a common interest development, (B) TWo incentives or concessions if twenty percent of the unitS are set aside for lower income households or if l wenty percent of the units are set aside for moderate income households in a common interest development, (C) Three incentives or concessions if thirty percent of the units are set" aside for lower income households or if thirty percent of the units are set aside for moderate income households in a common interest development. (Safita Monica Supp. No. 68, 5~11) 476-2 Incentives/Concessions Summary Table Taroet Group Restricted Affordable Units Very Low IncOme 5% 10% 15% Lower InCome 10% 20% 30% Moderate Income 10% 20% 30% (Common Interest Dev.) Maximum I 2 3 Incentive( s )/Concession( s) (c) For purposes of subsection (b) of this Section, an incentive means the following: (I) A reduction of development standards or architectural design requirements which exceed the minimum applicable building standards approved by the State Building Standards Commission pursuant to Part 2.5 (commencing with Section 1890 I) of Division 13 of the Health and Safety Code, including, but not limited to, setback, coverage, and/or parking require~ents which result in identifiable, financially suffici~::nt and actual costs reductions, based upon appropriate financial analysis and documentation to the extent required by the City pursuant to Section 9.04.10.14.080; (2) Allowing mixed use development in conjunction with the proposed residential deVelopment, if nonresidential land uses will reduce the cost of the residential project and the nonresidential land uses are compatible with the residential project and existing or planned surrounding development consistent with the City's General Plan and Zoning Ordinance; (3) Other regulatory incentives proposed by the applicant or the City which result in identifiable financially sufficient, and actual cost reductions, based upon appropriate financial analysis and documentation to the extent required by the City imrsuant to Section 9.04.10.14.080. (d) Housing developments that meet the requirements of Goverurnent Code Section 65915(b) and include a child care . . facility that will be located on the :Premises of, as part of, or adjacent to, the development, shall be granted an additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility. (e) In submitting a proposal for the number of incentives or concessions authorized by this Section,. a housing developer !nay request the specific incentives set forth in subsection (f) of this Section or may submit a proposal for other incentives or concessions. The process for reviewing this request is set forth in Section 9.04.10.14.080. · . (f) Housing developments in residentially zoned districts that meet 'the requirements-of subsection (b) of this Section may request one or more of the following incentives, as applicable: (I) Up to a fifteen percent deviation from one side yard setback requirement; (2) Up to a ten percent increase in first floor parcel coverage;
Santa Monica Municipal Code 9.04.10.16.010 structure of merit designation-application. The structure of merit application shall be processed in accordance with the procedures set forth in Section 9.36.090. (4) If an application for landmark designation is filed in accordance with Section 9.36.l20(a) within sixty days from receipt of a complete application for demolition, no demolition · permit may be issued until after a final determination is made by the Landmarks Commission, or the City Council on appeal, on the application for landmark designation. The landmarks application shall be processed in accordance with the procedures set forth in Section 9.36.120. If an application for historic district designation is filed in accordance with Section 9.36.l30(a) within sixty days from receipt of a complete application for deril.olition, · no demolition permit may be issued until after a final detennination is made by the Landmarks Commission, or the City Council on appeal, on the application for historic district designation. The historic district application shall be processed in accordance with the procedures set forth in Section 9.36.130. (Prior code§ 9048.1; amended by Ord. No. l654CCS § 2, adopted I O/l3/92; Ord. No. l865CCS § I, adopted I 0/8/96; Ord; No. 2l3ICCS § 10, adopted 7/27/04) Part 9.04.10.18 Alcohol Outlets 9.04.10.18.010 Purpose and findings. (a) Recent empirical studies demonstrate that there is a complex interrelationship between the availab!lity of alcohol, the consumption of alcohol, and resulting community problems such as public drunkenness, drunk driving, traffic accidents, violent crime, noise, and nuisance. The City of Santa Monica contains an overconcentration of alcohol outlets at which alcoholic beverages are sold on premises. The number of total active retail alcohol outlets in the City has increased in recent years. (b) In addition to traditional alcohol outlets such as bars, restaurants, liquor stores, and supermarkets, a variety of new types of alcohol outlets are beginning to appear or are being proposed in Santa Monica and other communities. There is continuing and increasing community concern over the proliferation of alcohol outlets in the City, as is evident from the Main Street Plan, the Pico Neighborhood Community Plan, and the Land Use and Circulation Elements oftheCity's General Plan. There is a current and immediate threat to the public health, safety, and welfare, and the unconditional approval of additional alcohol outlets would result in a threat to public health, safety, and welfare. (c) While the issuance of liquor licenses is the exclusive province of the State, local jurisdictions . are permitted to establish reasonable controls and conditions on the location of alcohol outlets. It is necessary to establish a control measure that will permit the City to review and approve new-alcohol outlets on a case-by~case basis and to condition that approval based on the specific type of alcohol outlet, neighborhood location, and potential problems involved. (Prior code § 9049.1) 476-l 9 .04.1 0.18.020 Applicability. No person shall establish a new business or use dispensing, for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits for on~site or off-site consumption without first obtaining a conditional use permit. Existing alcohol outlets shall also obtain a conditional use pem1it except where the premises either retain the same type of retail liquor license within a license classification or the licensCd premises are operated continuously without substantial change in mode or character of operation. A conditional use pennit shall be required for existing premises where operations have been discontinued for a period over one year. A substantial change in mode or character of operation shall include, but is not limited to, a ten percent increase in the floor area of the premises, a twenty-five percent increase in the shelf area used for the display of alcoholic beverages, or a twenty-five percent increase in the number of seats in any restaurant which serves alcoholic beverages. (Prior code § 9049.2) 9.04.10.18.030 Approval. The City Planning Commission, or the City Council on appeal, shall have the authority to approve the use of a property for a business or use dispensing, for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits for on-site or off-site consumption, and shall issue a conditional use permit if the fOllowing findings can be made in an affinnative manner: (a) The proposed use will not adversely affect the welfare of neighborhood residents in a significant manner. (b) The proposed use will not contribute to an undue concentration of alcohol outlets in the area. (c) The proposed use will not detrimentally affect nearby neighborhoods considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks; and other existing alcohol outlets. (d) The proposed use is compatible with existing and __ potential uses within the general area. (e) Traffic and parking congestion will not result. (f) The public health, safety, and general welfare are protected. (g) No harm to adjacent properties will result. (h) The objectives ofthe General Plan are secured. (Prior code§ 9049.3) 9.04.1 0.18.040 Exemptions. The Zoning Administrator shall have the authority to grant an exemption from the provisions of this Subchapter for restaurants or "bona fide" public eating places which offer for sale or dispense for ·consideration . alcoholic ·beverages including beer or wine incidental to .meal service. The · exemption shall .be approved in writing-·-by the Zoning Administrator and shall be subject to the right of appeal to the Planning Commission as provided in Part 9.04.20.24. The exemption shall only be approved if the applicant agrees in writing to comply with the following criteria and conditions: (Santa Monica Supp. No. 45, 5-05)
Santa Monica Municipal Code 9.04.10.14.060 (3) Up to fifteen percent deviation from rear yard s.etback requirements. (Added by Ord. No. 2350CCS § 3, adopted 2/22/11) 9.04.10.14.070 Waiver/modification of development standards fQr housing developments in residential zones. Developers may seek a waiver or modification of development standards that will have the effect of precluding the construction of a density bonus housing development at the densities or with the concessions or incentives permitted by this Section. The developer shall show that development standards that are requested to be waived o.r modified ,will have the effect of physically precludingthe construction of a housing development meeting ·the criteria of subsection (b) of Section 9.04.10.14.040 at the densities or with the concessions or incentives permitted by this Part. (Added by Ord. No. 2350CCS § 4, adopted 2122/11) 9.04.10.14.080 Procedures. The following procedures shall govern the processing of a request for a density bonus, incentive, concession, waiver, modification, or revised parking standard: (a) An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this Part shall be submitted 'with the first application for approval of a housing developmellt and processed concurrently with all other applications required for the housing development. The application shall be submitted on a form prescribed by the City and shall include at least the following information: ( 1) Site plan showing total number of ur~its, number and location of affordable housing units, and number and location of proposed density bonus units; (2) Target income of affordable housing units and proposals for ensuring affordability; (3) Description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards. For all incentives and concessions that are not included within the menu of incentives/concessions set forth in subsection (f) of Section 9.04.10.14.060 or set forth in subsection (a) of Section 9.04.10. 14.060, the application shall include a pro forma providing evidence that the ·requested incentives and concessions result in idelltifiable, financially sufficient, and actual cost reductions. The cost of reviewing any required pro forma or other financial data submitted as part of the application in support of a request for an incelltive/ concession or waiver/modification of developments standard, including, but not limited to, the cost to the City of hiring a consultant to review said financial data shall be borne by the developer. The pro forma shall include all of the following items: (A) The actual cost reduction achieved through the incentive, (B) Evidence that the cost reduction allows the applicant to provide affordable rents or affordabl~ sales prices, and (C) Other information requested by the Planning Director; The Pla,nning Director may require any pro forma include information regarding capital costs, equity investment, debt service, ·projected revenues, operating expenses, and such other information as is required to evaluate the pro forma; (4) For any requested waiver of a development standard, the applicant shall provide evidence that the development standard for which the waiver is requeSted will have the effect of physically precluding the construction of the residential project with the de"nsity bonus and incentives requested; (5) . If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be dedicated, provide proof of site control,_ and provide evidence that all of the requirements and each ofthe findings included in Government Code Section 65915(g) can be made; (6) If a density bonus or concession is requested for a childcare facility, the application shall show the location and square footage of the child care facilities and provide eyidence that all of the requirement:> and each of the findings included in Government Code Section 65915(h) can be made. (b) In accordance with state law, neither the granting of a concession, incentive, Waiver, or modificatioll nor· the granting of a density bonus shall be interpreted, in and of . itself, to require a general plan amendrrient, zoning change, variance, or other discretionary approval. (c) For housing developments requesting a densitY. bonus without any incentives, or a density bonus with by right incentives and/or one or more incentives included in subsection(!) of Section 9.04.10.14.060, the following shall apply. Pursuant to Government Code Section 65915, if the applicant has made the evidentiary showing required by subsection (a) of this Section, the Director or designee sh:iTI approve requested incentives/concessions unless he or she finds that: 476-2a (1) The. incentive or concession is not necessary to provide for affordable housing costs as defined in Section 50052.5 of the Health and Safety Code, or for rents for the affordable units; or (2) The concession or incentive will have a specific adverse impact upon public health and safety, on the physical environment, or o:ri any real property listed in the · California Register of Historic Resources and for which there is no feasible method to sati~factory mitigate or avoid the specific adverse impact without rendering the development·unaffordable to moderate, lower or very low income households; or (3) The concession or incentive is contrary to State or Federal law. Notice of the determination shall be provided to same extent as required for the underlying development approval. (d) For housing developments requesting a waiver of a development standard or an incentive/concession not (Santa Monica Supp. No. 68, 5-11)
9.04.10.14.080 Santa Monica Municipal Code included in subsection (f) of Section 9.04.10.14.060, the following shall apply: (I) Hearing and Notice. An application pursuant to this subsection shall follow the procedures for design compatibility permits set forth in Section 9.04.20.15.030. A public hearing shall be held by the City Planning Commission and the Commission shall issue a determination; (2) Pursuant to Government Code Section 65915, ifthe applicant has made the evidentiary showing required by subsection (a) of this Section, the City Planning Conunission shall approve requested incentives/concessions unless it makes one of the following findings, supported by substantial evidence, that: (A) The incentive or concession is not required to provide for affordable housing costs as defined in Section 50052.5 of the Health and Safety Code, or for rents for the affordable units, or (B) The concession or incentive will have a specific adverse impact upon public health and safety, or on the physical environment or on any real property that is listed in the California Register of Historic ResoUrces and for which there i& no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to moderate, lower or very low income households, (C) The concession or incentive would be contrary to State or Federal law; (3) Pursuantto Government Code Section 65915, if the applicant has made the evidentiary showing required by subsection (a) of this Section, the City Planning Commission shall approve a requested waiver unless it makes one of the foilowing findings supported by substantial evidence that: (A) The ':Vaiver would have a specffic, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the residential project unaffordable to low and moderate income households. For purpoSes of this provision, "specific adverse impact" means a significant, quantifiab.Je, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies,.or conditions as they existed on the date that the application for the residential project was deemed complete, or (B) The waiver would have an adverse impact on real property listed in the California Register of Historic Resources, or (C) The waiver is contrary to State or Federal law; (4) Appeal. The decision of the City Planning Commission may be appealed to the City Council within fourteen consecutive calendar days of the date the decision is made in the manner provided in Santa Monica Municipal Code, Part 9.04.20.24. (Added by Ord. No. 2350CCS § 5, adopted 2/22/11) (Santa Monica Supp. No. 68, 5-11) 476-2b 9.04.10.14.090 Exemptions from development review thresholds. (a) The following projects located in the RVC, BCD, C2, C4, C5, C6, CM, CP, M1 and LMSD districts shall be exempt from development review thresholds: (1) Projects that contain a minimum of eighty percent of floor area devoted to multi-family residential U!ie provided that at leilst fifteen percent of the housing units are deed-restricted for households with incomes of eighty percent of median income or less or at least ten percent of the housing units are deed-restricted for households with incomes of sixty percent of median income or less; (2) Affordable housing projects in which one hundred percent of the housing units are deed-restricted for households with incomes of eighty percent of median income or less; (3) Projects in the C2 and CM districts which are required by the City's Zoning Ordinance to devote more than twenty percent of floor area to pedestrian oriented uses shall also be exempt if these projects contain the maximum percentage of multi-family residential use authorized by the Zoning Ordinance and meet the affordable housing unit requirement of subsection (a) of this Section. (b) The following projects located in the R2, R3, R4, RZB, R3R, OP2, OP3, OP4 and OP-D distiicts shall be exempt from development review thresholds: Affordable rental housing projects of not niore than fifty units. For purposes of this Section, an affordable rental housing project shall be defined as housing in which one hundred percent ofthe dwelling units are deed-restricted or restricted by an agreement approved by the City for . occupancy by households with incomes of eighty percent of median income or less. An affordable rental housing project may also include nonresidential uses, as long as such uses constitute neighborhood-serving goods, services, or retail uses that do not exceed fifteen percent of the floor area of the-total project and these neighborhood-~c:;rving goods, services or retail uses are designated as permitted uses in the Zoning Ordinance ip. the district in which the parcel is located. (Added by Ord. No. 2350CCS § 6, adopted2/22111) Part 9.04.10.16 Demolitions 9.04.10.16.010 Demolition of buildings and structures. (a) No demolition of buildings and structures shall be permitted except when all of the following conditions have been met: (1) A removal permit has been granted by the Rent Control Board, when required. (2) For residential buildings and structures, the final permit to commence construction for a replacement project has been issued, or the-building or structure is exempt from this requirement pursuan_t to subsection (b) below. (3) A property maintenance plan has 'been approved in writing by the Director ofPlanning and the Building Officer. The Architectural Review Board shall adopt and the Planning Coffimission shall approve guidelines and
Santa Monica Municipal Code 9.04.10.16.010 standards for property maintenance plans pursuant to Section 9.32.040. (4) If the original permit for the building or structure was issued more than forty years before the date of filing of \he demolition permit application, the requirements of subsection (d) are satisfied. (b) The following buildings and structures are exempt from the requirements of subsection (a)(2): (1) Single-family dwellings which are located in the Rl District, any Commercial District, or any Industrial District and which are not controlled rental units under the Rent Control Law. (2) Buildings or structures which the Director ofPlanning and the Building Officer have determined to be a public nuisance. (3) Buildings and structures which were damaged by the January 17, 1994 Northridge Earthquake or its aftershocks, and which were yellow-or red-tagged by the City. (c) Prior to filing an application for a demolition permit, a notice of intent to demolish must be prominently posted on the property. Such notice shall be in a form approved by the City. (d) In addition to any other requirements imposed by this Section, no demolition of buildings or structures~ the original permit for which was issued more than forty years before the date of filing of the demolition permit application, shall be permitted unless the following requirements have been met: (1) Within seven days of receipt of all filing materials for a demolition permit for such structures, the City shall transmit a copy of such application to each member of the Landmarks Commission. Filing materials shall consist of a completed application form, site plan, eight copies of a photograph of the building and photo verification that the property has been posted with a notice of intent to demolish. (2) If no application for the designation of a structure of merit, a landmark or a historic district is filed in accordance with Sections 9.36.090, 9.36.120 or 9.36.130 within sixty days from receipt of a complete application for deinolition, demolition may be approved subject to compliance with all other legal requirements, including this Section. (3) If an application for structure of merit designation is filed in accordance with Section 9.36.090(a) within sixty days from te~eipt of a complete application for demolition, no demolition permit may be · issued until after a final_ determination is made by the Landmarks Commission, or the· City Council on appeal, on the structure of merit designation application. The structure of merit application shall be processed in accordance with the procedures set forth in Section 9.36.090. ( 4) If an application for landmark designation is filed in accordance with Section 9.36.120(a) within sixty days from receipt of a complete application for demolition, no demolition permit may be issued until after a final determination is made by the Landmarks Commission, or the City Council on appeal, on the application for landmark designation. The landlflarks .application shall be processed in accordance with the procedures set forth in Section 9.36.120. If an application for historic district designation is filed in accordance with Section 9.36.130(a) within sixty days from receipt of a complete application for demolition, no demolition permit may be issued until after a final determination is made by the Landmarks Commission, or the .City Council on appeal, on the application for historic district designation. The historic district application shall be processed in accordance with the procedures set forth in Section 9.36.130. (Prior code§ 9048.1; amended by Ord. No. 1654CCS § 2, adopted 10/13/92; Ord. No. 1865CCS § 1, adopted 10/8/96; Ord. No. 2131CCS § 10, adopted 7/27/04) Part 9.04.10.18 Alcohol Outlets 9.04.10.18.010 Purpose and findings. (a) Recent empirical studies demonstrate that there is a complex interrelationship between t~e availability Of alcohol, the consumption of alcohol, and resulting conununity problems such as public drunkenness, drunk driving, traffic accidents, violent crime, nOise, and nuisance. The City of Santa Monica contains an overconcentration of alcohol outlets at whiCh alcoholic beverages are sold on premises. The number of total active retail_ alcohol outlets in the City has increased in recent years. (b) In addition to traditional alcohol outlets such as bars, restaurants, liquor stores, and supenharkets-, a variety of new types of alcohol outlets are beginning to aPpear or are being proposed in Santa Monica and other communities. There is continuing and increasing community conc~m over the proliferation of alcohol outlets in the City, as is evident from the Main Street Plan, the Pica Neighborhood Community Plan, and the Land Use and Circulation Elements of the City's General Plan. There is a current and immediate threat to the public health, safety, and welfare, and the unconditional approval of additional alcohol outlets would result in a threat . to public health, safety, and welfare. (c) While the issuance of liquor licenses is the exclusive prOvince of the State, local jurisdictions are permitted to establish reasonable controls and conditions On the location Of alcohol outlets. It is necessary to establish a control measure that will permit the City to review and approve neW alcohol outlets on a case-by-case·basis and to condition that approval based on the specific type of alcohol outlet, neighborhood location, and potential Problems involved. (Prior code § 9049.1) 9.04.10.18~020 Applicability. No person shall establish a new business or use dispensing for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits for on-site or off-site consumption without first obtaining a conditional use permit. Existing alcohol outlets shall also obtain a conditional use permit except where the premises either retain the same · type of retail liquor license v,:ithin a license classification or .the licensed premises are operated continuously without substantial change in mode or character of operation. Existing premises shall not be considered to be operating continuously and a conditional use permit shall be required where operations have been discontinued for a period of over one year except that, for premises in the CM District, the time 476-2c (Santa Monica Supp. No. 68, 5-11)
9.04.10.18.020 Santa Monica Municipal Code period shall either be six months or the time period established in Section 9.04.08.28.070\g), or any successor legislation thereto, whichever is longer. Existing premises where operations have been discontinued for these time periods shall be required to obtain an alcohol conditional use permit prior to resuming business whether or not an alcohol conditional use permit was obtained in the past for the premises. A substantial change in mode or character of operation shall include, but is not limited to, a ten percent increase in the floor area of the premises, a twenty-five percent increase in the shelf area uSed for the display of alcoholic beverages, or a twenty-five percent increaSe in the number of seats in any restaurant which serves alcoholic beverages. (Prior code§ 9049.2; amended by Ord. 2254CCS § I, adopted 2/26/08) 9.04.10.18.030 Approval. . The City Planning Commission,· or the City Council on appeal, shall have the authority to approve the use of a property for a business or use dispensing, for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits for on-site or off-site consumption; and shall issue a conditional use permit if the following findings can be made in an affirmative manner: (a) The proposed use will not adversely affect the welfare of neighborhood residents in a significant manner. (b) The proposed use will not contribute to an undue concentration of alcohol outlets in the area. (c) The proposed use will not detrimentally affect nearby neighborhoods considering the distance of the alcohol outlet to residential buildings, ·churches, schools, hospitals, playgrounds, parks, and other existing alcohOl outlets. (d) The proposed use is compatible with existing and potential uses within the general area. (e) Traffic and parking congestion will not result. (f) The public health, safety, and general welfare are protected. (g) No harm to adjacent properties will result. (h) The objectives of the General Plan are secured. (Prior code§ 9049.3) 9.04.10.18.040 Exemptions. The Zoning Administrator shall have the authority to grant an exemption from the provisions of this Subchapter for restaurants or "bona fide" public eating places which offer for sale or dispense for considerUtion alcoholic beverages -including beer or wine incidental to meal service. The· exemption shall be approved in writing by the Zoning · Administrator and shall be subject to the right of appeal to the Planning Commission as provided in Part 9.04.20.24. The exemption shaii only be approved if the applicant agrees in writing to comply with the following crite'ria and conditions: (a) The premises contains a kitchen or food-serving area in which a variety of food is prepared and cooked on the premises. (b) The primary use of the premises is for sit-down service to patrons. (c) The premises serve food to patrons during all hours the establishment is open for customers. (d) The premises only serve alcohol in a dinini area and not in an alcohol serving area that is separate from the dining area. (e) Adequate seating arrangements for sit -down patrons are provided on the premises riot to exceed a seating capacity of fifty persons. (f) Any take-out service is only incidental to the primary sit-down use and does not include the sale or dispensing for consideration of alcoholic beverage or beer or wine. (g) No alcoholic beverages or ·beer or wine are sold or dispensed for consumption beyond the premises. (h) No dancing or live entertainment is permitted on the premises. (Prior code§ 9049.4) 9.04.10.18.050 BSC-1 exemptions. Restaurants or "bona fide" public eating places in the BSC-1 portion ofthe BSC District which offer alcoholic beverages including beer or wine incidental to meal service shall be exempt from the provisions of this Part 9.04.10.18 only if the applicant agrees in writing to comply with the following criteria and conditions: · (a) The primary use of the premises shall be for sit-down meal service to ·patrons. Alcohol shall not be served to persons except those intending to purchase meals. (b) If a counter service area is provided, a patron shall not be petmitted to sit at the counter unless the patron is ordering a meal in the same manner as patrons ordering meals at the table seating. The seats located around the counter service area cannot be used as a waiting area where patrohs may drink before being seated or as a bar where beverages only are served. (c) Window or other sigoage visible from the public right-of-way that advertises beer or" alcohol shall not be permitted. (d) Customers shall be permitted to order meals at all times and at all locations where alcohol is being served. The estab!ishment shall serve food to patrons during all hOurs the establishment is open for customers. (e) The establishment shall maintain a kitchen or food-serving area in which a variety of food is prepared on the premises. (f) Take. out service shall be only incidental to the primary sit-down use. (g) ·No alcoholic beverage shall be sold for consumption beyond the premises. (h) Except for special events, alcohol shall not be served in any disposable containers such as disposable plastic or paper cups. (i) No video or other amusement g~mes shall be permitted on the premises. G) NO dancing is permitted. Live entertainment may only be permitted in the marmer set forth in the Section 9.04.02.030.730. (k) Any minimum purchase requirement may be satisfied by the purchase of beverages or food. (1) The primary use of any outdoor dining area shall be for seated meal service. Patrons who are standing in the outdoor seating area shall not be served. (Santa Monica Supp. No. 68, 5-1 t) 476-2d
Santa Monica Municipal Code (m) The operation shall at all times be conducted in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator shall control noisy patrons leaving the restaurant. (n) The permitted hours of alcoholic beverage service shall be nine a.m. to twelve midnight Sunday through Thursday, and nine a.m. to one a.m. Friday and Saturday with complete closure and all employees vacated from the building · by one a.m. Sunday through Thursday, ·and two a.m. Friday and Saturday. All alcoholic beverages must be removed from the outdoor dining area no later than twelve midnight. No after hours operation is permitted. . (o) ·No more than thirty-fiv.e .percent of total gross revenues per year shall be from alcohol sales. The operator shall maintain records of gross revenue sources Which shall be submitted annually to the City of Santa Monica Planning Division at the beginning of ihe calendar year and also available to the City of Santa Monica and the California Department of State Alcoholic Beverage Control (ABC) upon request. . (p) Prior to occupancy, a security plan shall be submitted to the Chief orPolice for review and approval. The plan shall address both physical and operational security issues. (q) Prior to occupancy, the operator shall submit a plan for approval by the Director of Planning regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management's policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within ninety days of the effective date of the exemption determination. In the case of new employees, the employee shall attend the alcohol awareness training within ninety days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program· approved by the Director of Planning. The operator shall provide the City with an annual report regarding compliance with this requirement. The operator shall be subject to any future ·cityWide alcohol awareness training program affec~ing similar establishments. (r) Within thirty days from the date ·of approval of this · exemption, the applicant shall provide a copy of the signed exemption to the local office of the State ABC. (s) Prior to occupancy, the operator shall subinit a plan describing the establishment's designated driver program, which shall be offered by the operator to the establishment's . patrons. The plan shall specify how the operator will inform patrons of the program, such as offering on the nienu a free 476-Ze 9.04.10.18.050 (Santa Monica Supp. No. 68, 5-11)
Santa Monica Municipal Code 9.04.10.18.050 non-alcoholic drink for every party of two or more ordering alcoholic beverages. This exemption shall only be valid if approved in writing by the Zoning Administrator. (Added by Ord. No. 2153CCS § 2, adopted 3/8/05) Part 9.04.10.20 Private Developer Cultural Arts Requirement 9.04.10.20.010 Findings and purpose. (a) The purpose of this Part is to authorize the establishment of guidelines, procedures and standards for the integration of public art and cultural resources into private development projects within the City of Santa Monica. (b) Public art and cultural resources foster economic development, revitalize urban areas and improve the overall business climate by creating a more desirable community within which to live and work. Well conceived and executed works of art enhance the actual value of a development project, create greater interest in leased space within the development project, promote cultural tourism and make a lasting and visible contribution to the community, which helps to mitigate the impacts of development: The experience of public art and cultural resources makes the public areas of buildings and their grounds more welcoming. It promoies the general health and welfare of its citizens by making the City more livable, and visually and aesthetically pleasing. (c) To ensure that public art and cultural resources are present and sustained throughout the community, it is necessary to require that private development projects in the City of Santa Monica include an element of public art or cultural facilities or, alternatively, contribute to a City arts fund .for public art and cultural resources and facilities .in lieu of installation of such art. (Added by Ord. No. 2212CCS § 1, adopted 12/5/06) 9.04.10.20.020 Applicability. The regulations, requirements and provisions of this Part and Council resolutions adopted pursuant hereto shall apply to development projects as defined in this Part. (Added by Ord. No. 2212CCS § 1, adopted 12/5/06) 9.04.10.20.030 Definitions. The following words or phrases shall have the following meanings when used in this Part: Art o.r Art Work. Art, including but not limited to, sculpture, painting, graphic arts, mosaics, photography, crafts, mixed media, electronic arts and environmental works. Art or art work as defined herein may be permanent, fixed, temporary or portable, may be an integral part of a building, facility, or structure, and may be integrated with the work of other design professionals. Artist. An individual generally recognized by critics and peers as a prOfessional practitioner of the visual, performing, or literary arts, as judged by the quality of that professional practitioner 1 s body· of work, educational background, experience, public performances, past public commissions, sale of works, exhibition record, publications, and production of art work. The members of the architectural, engineering, design, or landscaping firms retained for the design and construction of a development project covered by this Part shall not be considered artists for the purposes of this Part. · This definition applies only to the requirements of the Part. 476-3 Arts Commission. The Commission as established in Chapter 2.64 of this Code or any successor legislation. Unless· otherwise specified, any reference to "Commission" in this Part shall mean the Arts Commission. Average Square Foot Cost of Construction. The construction cost per square foot for construction categories within a development project as established by resolution of the City Council. Cultural Arts Development Contribution. Contribution by a developer to the Cultural Arts Trust Fund in lieu of installation of on~site public art or cultural facilities. Cultural Facilities. A structure that houses, and has as its primary purpose the presentation of, one or more cultural resources, and that is operated by public entities or non~profit organizations dedic3.ted to cultural activities available to a broad public. Examples of acceptable facilities are museums, theatres, and performing arts centers, and other similar facilities as determined appropriate by the Arts Commission. Facilities that do not meet this definition are churches, schools, commercial movie theatres, gymnasiums or other sports facilities, bookstores, buildings dedicated primarily to housing or administrative activities, and for-profit facilities used for profit activities. Cultural Resources. Individual and group presentations, exhibitions, or performing arts involving music, dance, theatre, opera, literature, sculpture, murals, paintings, earthworks, mosaics, photographs, prints, calligraphy, or any combination of media currently known or which may come to be known, including audio, video, film, CD-ROM; DVD, holographic -or computer generated technologies; education, i~cludillg lectures, presentations and training in or about art arid culture; special events such as festivals and cultural celebrations; and, similar resourceS and services as determined and approved by the Arts Commission. Developer. The person or entity that is financially and legally responsible for the planning, development and construction of any development project covered by this Part, who may, or may not, be the owner of the subject property. Development Project. Commercial development having new gross floor area of seven thousand five hundred square feet or more, commercial remodels or tenant improvements of twenty-five thousand square feet or more that require approval by the Architectural Review Board, or residential projects of five or more_ units. A development project, for purposes of defining a project subject to this Part, does not include the following: cultural facilities, churches, temples, synagogues, and other buildings or structures used for religious worship; repair and reconstruction of any building damaged by flood, fire or other disaster; municipal facilities; affordable housing units. In mixed residential/nonresidential development, those portions of projects excluded frqm the definition of development project hereinabove shall not be included in the calculation of the average square foot cost of construction. (Santa Monica Supp. No, 52, 2-07)
9.04.10.20.030 Santa Monica Municipal Code Director. The Director of Community and Cultural Services Department, or his/her designee, or the Director of Planning and Community Development, or his/her designee, as appropriate. Freely Accessible. The art work is accessible to and available for use by the general public dunng normal hours of business operation consistent with the operation and Use of the premises. Performing Arts. Performances presented by professional performers, including theatre performance (any form of dramatic presentation, spoken or silent); musical theatre/opera (any dramatic perfonnance of which music is an integral part); dance (any form of rhythmical movement); music/concert (any musical form whether classical, traditional or popular). Public Art or Art Work. On-site art work produced by an artist, as defined herein, or team of artists, that is freely accessible on private property or on land or in buildings owned by the city or another governmental agency. (Added by Ord. No. 2212CCS § 1, adopted 12/5/06) 9.04.10.20.040 Private developer cultural arts requirement. (a) Before the issuance of a building permit for any development project as defined herein, the developer shall participate in the construction or installation of freely accessible 9n-site public art work in accordance with Section 9.04.10.20.050, or provide cultural facilities in accordance with Section 9.04.10.20.110, or pay a cultural arts development contributi0n in accordance with Section 9.04.10.20.120 below. (b) The expenditure of money required to satisfy the requirements of this Part, whichever alternative is selected to do so, shall be reduced by the amount, as verified by the Landmarks Commission or Landmarks Commission Secretary as appropriate, spent to preserve an historic resource listed in or determined eligible for-listing in the California Register of Historical Resources or the City's local register of historic resources, where such preservation follows the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings or the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. (Added by Ord. No. 2212CCS § 1, adopted 12/5/06) 9.04.10.20.050 On-site public art projects. A developer seeking to satisfy the private developer cultural arts requirement of this Part through the construction or installation of on-site public art shall do so in the amount of two percent of the average square foot cost of construction of the development project as set forth by resolution of the City Council times the project square footage. If the actual construction cost or market value of the on-site public art is greater than the required two percent contribution, the City shall have no obligation to pay the excess amount. (Added by Ord. No. 2212CCS § 1, adopted 12/5/06) (Santa Monica Supp. No. 52, 2-07) 9.04.10.20.060 Eligible on-site public arts projects. Public art, for the purposes ofthis Part and for determining what shall meet the private developer requirements for on-site installation of public art, includes art works that are created uniquely by an artist, as those terms are defined in this Part, and integrated into the development project. Public art may include any other form determined by the Arts Commission to satisfy the intent of this Chapter provided, however, that the following are ndt considered to be public art for the purposes of this Part: (a) Directional elements such as supergraphics, signage, or color coding except where these elementS are integral parts of the Original work of art or executed by artists in unique or limited editions; (b) Objects which are mass produced of standard design such as banners, signs, playground equipment, benches, statuary, street barriers, sidewalk barriers, or fountains; (c) Reproduction, by mechanical or other means, of original works of art, except in cases of film, video, photography, printmaking, or other media arts; (d) Decorative, architectural, or functional elements which are designed by the building architect or landscape architect as opposed to an artist commissioned for this purpose; (e) Landscape architecture, gardening, or materials, except where these elements are designed by the artist and are an integral part of the work of art by the artist; or (f) Landscaping required by the City's Com..;,unity Development Department as part of the development entitlements. (Added by Ord. No. 2212CCS § 1, adopted 12/5/06) 9.04.10.20.070 Eligible on-site public arts project expenditures. The public art contribution for on-site insta11ation must be expended :only on costs associated with the selection, acquisition, purchase, commissioning, design, fabrication, placement, installation, or exhibition of the public art. Eligible expenditures include the following items: 476-4 (a) Artist fees; (b) -Labor of assistants, materials, and contracted services required for the design, fabrication, and installation of the public art; (c) Any required permit or certificate fees and reasonable busiriess and legal costs directly related to the public art; (d) Reasonable art consultant fees, as established in guidelines approved to implement the provisions of this Part; (e) Communication and other indirect costs (insurance, utilities associated with the creation but not the operation of the public art, etc.); (f) Transportation of the public art to the site; (g) Preparation of site to receive public art, beyond that required for the development itself; (h) Installation of the completed public art; (i) Structures which enable the display of the public art, such as platforms or pedestals, up to five percent ofthe total pu~lic art contribution;
Santa Monica Municipal Code 9.04.10.20.070 U) Mountings, anchorages, containments, or other materials necessary for installation of the public art; and (k) Plaque identifying the public art, as required by this Part. (Added by Ord. No. 2212CCS §I, adopted 12/5/06) 9.04.10.20.080 Ineligible on-site public arts project expenditures. Expenditures that are ineligible to be counted toward the on-site public art contribution include the following items: (a) Promotional materials or activities for the artist, the public art, the development, the developer or others parties involved in the development project; (b) Opening, dedication, or other event for the public art, artist, or development; (c) Developer's project management expenses associated with the public art; (d) Services, materials, utilities or other expenses associated with the operation or maintenance of the public art; (e) Land costs or any other costs associated with the development that are not part of and solely attributable to the public art; and (f) Illuminating the public art if not integral to the design. (Added by Ord. No. 2212CCS § I, adopted 12/5/06) 9.04.10.20.090 Process for approval of public art for on~site installation. (a) Application Procedures. Upon application for a development permit, the applicant shall be informed of the private developer cultural arts requirement and referred to the Director of the Community arid Cultural Services Department in order to declare in writing the means by which the developer will comply with the requirements of this Part. Ifthe developer selects the installation of on-site public art work, the deVeloper should submit art plan documentation acceptable to the Director of the Community and Cultural Services Department to support the on-site public art before review by the Architectural RevieW Board. (b) Commission Review and Approval. Before issuance of the building permit for the development project, the proposed public art plan documentation must be reviewed and approved by the Arts Commission, or the Public Art Committee if so designated· by the Commission, for compliance with this Part, and any associated regulations or guidelines authorized by this Part. The Arts Commission shall review the submitted documentation, together. with the reCommendation of the Director of the Community and Cultural Services Department, and approve, approve with conditions, or deny the proposed aft work, and its proposed location, considering the qualifications of the artist, the aesthetic quality and harmony of the art work with the proposed development project, and the proposed location of and public accessibility to the art work. In addition, the budget for the proposed public art must be approved to ensure that only eligible expenditures are proposed and that such expenditures total the amount of the public art contribution. If the developer proposes, or the Arts Commission recommends, significant revisions to the art work or architecture or physical design and layout of the proposed project to the art work, a revised application shall be submitted to the Director for review and recommendation to the Arts Commission. The Commission shall make a determination whether to approve, approve with conditions, or deny the requested revision. (c) Appeal of Commission Decision. The Commission shall render· a written decision whether the proposed installation of on-site art work satisfies the requirements of this Part within ninety days after documentation acceptable to the Director of the Community and Cultural Services Department is received. Any person may seek review by the City Council of a decision made by the Arts Cornmjssion pursuant to this Section by filing an appeal within fourteen consecutive calendar days from the date that the decision is made in the manner provided in Part 9.04.20.24, Sections 9.04.20.24.010 through 9.04.20.24.040 of this Code, or any successor legislation. The decision of the City Council shall be flnal. (Added by Ord. No. 2212CCS §I, adopted 12/5/06) 9.04.10.20.100 Additional requirements for public art for on~site installation. (a) Plaque. The public art shall be identified by a plaque that· meets the standards in use by the City at the time of installation of the public art. The requirement of this paragraph may be waived if determined in a particular circumstance to be inconsistent with the intent of this Part. (b) Ownership and Maintenance of Art Work. All on-site public art work placed on the site of the developer's project shall remain the property of the property owner and his/her successor(s) in the interest. The obligation to prOvide all maintenance necessary to· preserve the art work in good condition shall remain with the property owner of the site. The developer and subsequently, the property owner, shall maintain, or: cause to be maintained,. in good condition the public art continuously after its installation and shall perform necessary repairs and maintenance to the satisfaction of the City. 'I'he maintenance obligations ofthe property owner shall be contained in a covenant and recorded against the property and shall run with the property. 476-5 Failure to maintain the art work, as p.rovided herein, is hereby declared to be a public nuisance. The City also may pursue additional remedies to obtain compliance with the provisions of this requirement, as appropriate. In addition to all other remedies provided by law, in the event the owner fails to maintain the art work, upon reasonable notice, the City may perform all necessary repairs, maintenance or secure. insurance, and the costs, thereof shall become a lien against the real property. (c) Location and Relocation of .On-site Public Art. When and if the development project is sold at any time in the future, the public art must remain at the development at which it was created and may not be claimed as the property of the seller or removed from the development or its-location approved by the Arts Commission. In the event that a property is to be demolished, the owner must relocate the public art to another p'\lblicly accessible, permanent location that is approved in advance by the Commission. (Santa Monica Supp. No. 52, 2-07)
9.04.10.20.100 Santa Monica Municipal Code A property owner may, for good cause, petition the Arts Commission to replace or re-locate the public art to another publicly accessible location on the development project site. Any removal, relocation, or replacement ofthe public art mUst be consistent with the California Preservation ofWorks of Art Act and the Federal Visual Artists' Rights Act and any other applicable law. If any approved art work placed on private property pursuant to this Subchapter is removed without City approv?l, the certificate of occupancy may be revoked. (Added by Ord. No. 2212CCS § 1, adopted 12/5/06) 9.04.10.20.110 On-site cultural facilities alternative. (a) A developer seeking to satisfy the private developer cultural arts requirement of this Part may do so, if approved by the Arts Commission, through the provision of on-site cultural facilities in the amount of two percent of the average square foot cost of construction of the development project as set forth by resolution of the City Council times the project square footage. If the developer selects the provision of on-site cultural facilities, the developer shall submit documentation acceptable to the Directors of the Community and Cultural Services Department and Planning and Community Development to support the provision of on-site cultural facilities. (b) Commission Review and Approval. Before issuance of the building permit for the development project, the proposed cultural facility must be reviewed and approved by the Arts Commission, or the Public Art Committee if so designated by the Commission, for compliance with this Part, and any associated regulations or guidelines authorized by this Part. The Arts Commission shall review the submitted documentation, together with the recommendation c;>f the Directors of the Community and Cultural Services Department and Planning and Community Development, and approve, approve with conditions, or deny the proposed cultural facility, and its proposed location within the development, considering the need for such a facility has been clearly demonstrated; the facility is sited appropriately within the development p.~;oject area; the managing cultural organization has demonstrated financial capability to successfully operate the facility; the adequacy of an agreement that ensures that the cultural facility will be reserved for public or non-profit use throughout the term of the commitment; whether the budget proposed is appropriate and that such expenditures total the amount of the cultural arts requirelnent. (c) Appeal of Commission Decision. The CommissiOn shall render a written decision whether the proposed on-site cultural facilities satisfy the requirements of this Part within ninety days after documentation acceptable to the Director of the Community and Cultural Services Department is received. Any person may seek review by the City Council of a decision made by the Arts Commission pursUant to this Section by filing an appeal within fourteen consecutive calendar days from the date that the decision is made in the manner Provided in Part 9.04.20.24, Sections 9.04.20.24.010 through 9.04.20.24.040 of this Code, or any successorlegislation. The (Santa Monica Supp. No. 52, 2·07) 476-6 decision of the City Council shall be final. (Added by Ord. No. 2212CCS § 1, adopted 12/5/06) 9.04.10.20.120 Cultural arts development contribution. In lieu of installation of oh-site public art, the developer may make a cultural arts development contribution in accordance with the following: (a) Amount of Contribution. One percent of the average square foot cost of construction of the development project as set forth by resolution of the City Council times the project square footage. (b) Timing of Contribution. The amount of the in-lieu contribution shall be imposed at the time of approval of the building permits. No building permit for any development project shall be issued unie·ss the contribution has been paid or a contract to pay the contribution has been exeCuted, and no final inspection shall be approved unless the contribution has been paid. (Added by Ord. No. 2212CCS § I, adopted 12/5/06) 9.04.10.20.130 Declaration of covenants, conditions and restrictions. If the developer elects to install on-site public art work in accordance with the requirements of Section 9.04.10.20.050, the development project shall have recorded against it a declaration of covenants, conditions, and·restrictio~s in favor of the City and in a form approved by the City Attomeywhich shall include the following provisions as appropriate: (a) The developer shall provide all necessary maintenance of the art work, including preservation of the art work in good condition to the reasonable ~atisfaction of the City and protection of the art work against destruction, distortion, mutilation, or other modification. (b) The developer shall ensure that the art work will be located in ~n area that is freely accessible. (c)-A description of that portion of the premises which will be maintained and shall be freely accessible for the designated public art. Any other reasonable terms necessary to implement the provisions of this Part. (Added by Ord. No. 2212CCS § 1, adopted 12/5/06) 9.04.10.20.140 Final City approval. (a) No final City approval for any project subject to this Part shall be granted or issued, unless and until the Director of Community and Cultural Services, after consultation with the Director of Planning and Community Development, verifies full compliance with the private· developer cultural arts requirement as follows: (!) The approved art work has been installed in a manner satisfuctory to the Director of the Community and Cultural Services Department. Installation of art work shall be completed prior to the final inspection and issuance of a certificate of occupancy. (2) In lieu art contributions have been paid, if applicable.
Silnta Monica Municipal Code 9.04.10.20.140 (3) Financial security in an amount equal to the acquisition and insta11ation costs of an approved art work, in a form approved by the City Attorney, has been posted. (4) The deveioper has executed and recorded a covenant with the Los Angeles County Recorder, as required by Section 9.04.10.20.120. The covenant shall be recorded prior to the request for final construction approvals and the issuance of a certificate of occupancy. (b) The Director shall require that the developer submit a written verification of compliance with these requirements as applicable. Said verification shall consist of documentation sufficient to enable the Director to readily determine compliance with the provisions of this Par~. Upon receipt of written verification from the developer, the Director shall issue a notice determining whether the developer has complied with the requirements of this Part. The Director's determination of compliance may be appealed to the City Council if such appeal is filed within fourteen consecutive calendar days from the date that the decision is made in the manner provided in Part 9.04.20.24, Sections 9.04.20.24.010 through 9.04.20.24.040 of this Code, or any successor legislation. (Added by Ord. No. 2212CCS § I, adopted 12/5/06) 9.04.10.20.150 Cultural Arts Trust Fund-Use of funds. (a) There is hereby created a fund to be known as the "City Cultural Arts Trust Fund" to account for in lieu contributions pilid pursuant to this Part. This fund and the interest thereon shall be maintained by the City Finance Director and shall be: (1) For the design, acquisition, commission, installation, improvement, repair, maintenance, conservation and insurance of an art work; (2) To sponsor or support cultural fucilities and cultural resources; (3) For such other equivalent artistic and cultural uses approved by the Arts Commission. (b) During a fiscal year, the total amount of expenditures made in any year from the Cultural Arts Trust Fund for the purposes set forth in this Section shall be established in the annual City. budget and approved by the City Council. The budget will be developed in keeping with community cultural priorities as established by the City's adopted Cultural Master Plan. (c) The proposed annual expenditures shall be reviewed by the Arts Commission concurrently with the review of the budget for expenditures from the City's percent for art funds. (Added by Ord. No. 2212CCS § I, adopted 12/5/06) 9.04.10.20.160 Adoption by resolution of the per square foot amount for on-site participation or in-lieu contribution. Pursuant to this Part, the per square foot amount required to satisfy the private developer cultural art requirement through the provision of on-site public art or cultural facilities, or by an in-lieu contribution shall be adopted from time to time by resolution of the City Council after a noticed public 476-7 hearing. In adopting the resolution, the City Council shall identify the average square foot cost of construction for construction categories including, but not limited to commercial, residential, and tenant improvement classifications. The per square foot amount shall be calculated by multiplying the average square foot cost of construction by the factor of two .percent for on-site public art or cultural facilities, and one. percent for an in-lieu contribution. The resulting per square foot amount shall be used to determine the amount necessary to comply with the private developer cultural arts requirement selected to satisfy the obligation imposed by this Part. (Added by Ord. No. 2212CCS § I, adopted 12/5/06) 9.04.10.20.170 Regulations. The City Manager, or her/his designee, is authorized to adopt administratiye regulations or guidelines that are consistent with and that further the terms and requirements set forth within this Part, which is hereby codified in Article 9, Part 9.04.10.20, of the Santa Monica Municipal Code or as otherwise designated by the City Clerk. (Added by Ord. No. 2212CCS §I, adopted 12/5/06) Subchapter 9.04.12 Performance Standards 9.04.12.010 Purpose. The performance standards outlined in this Subchapter are intended to explicitly describe the location, configuration, design, amenities, operation, and other standards for proposed development projects that may impact the surrounding neighborhood. When successfully achieved, development of these-uses will be harmonious with the neighborhood's desirable character and consisten·t with the goals", objectives, and policies of the General Plan. (Prior code§ 9050.1) 9.04.12.020 Applicability; The Zmiing Administrator, or Planning Commission on appeal, may approve a proposed project subject to performance standards ~fall the required standards are or will be achieved pursuant to the procedures in Part 9.04.20.08. Projects subject to performance standards must also comply with all other requirements of this Chapter unless specifically exempted by this Subchapter. The Zoning Administrator, or Planning Commission on appeal, may apply conditions of approval to bring the project into conformity if the proposed project does not comply completely with the specified standards. When the proposed project does not meet the stated. performarlce standards and cannot be conditioned or modified to comply with the performance standards, the Zoning Administrator, or Planning Commission on appeal, shall disapprove the project. (Prior code § 9050.2) 9.04.12.030 Large family day care homes. The purpose of these standards is to en~ure that large familY day care homes providing child care in residential districts do not adversely impact the adjacent neighborhood. While large family day care homes are needed by residents in this City, especially in close proximity to their· homes in (Santa Monica Supp. No. 52, 2·07)
9.04.12.030 Santa Monica Municipal Code ~esidential neighborhoods, the potential traffic, noise and safety impacts of this use should be regulated in the interest of nearby residents and the children in the day care facility. It is also the intent of this Section to allow family day care homes in residential surroundings to give children a home environment which is conducive to healthy and safe development. The following performance standards shall apply to large family day care homes: (a) Structures. A large family day care home shall conform to all property development standards of the zoning district in which it is located unless otherwise prOvided in this Section. (b) Noise. The operation of a large family day care home shall comply with noise standards contained in the Sallta Monica Municipal Code, Chapter 3A, Sections 4301-4314 (the "Noise Ordinance"). (c) On-Site Parking. On-site parking for large family day care homes shall not be required except for that required for the residential building. (d) Passenger Loading. Curbside loading shall be presumed adequate for drop-off an<) pick-up of children. However, where the Parking and Traffic En-gineer, in evaluating a particular large family day care home, determines that curbside loading is not adequate, th'e Parking and Traffic Engineer shall approve a passenger loading plan. (e) Lighting. Passengerloading areas may be illuminated. If a passenger loading area is illuminated, the lighting shall be directed away from adjacent properties and of an intensity compatible with the residential neighborhood. (!) State and Other Licensing. All family day care homes shall be State licensed and shall be operated according to all applicable State and local regulations. (g) Concentration of Uses. No more than one large family day care home shall be permitted within one hundred linear feet of the property line of any existing large family day care home. (h) No hearing shall be held on the application for a permit pursuant to this Section, nor shaH the granting of a permit pursuant to this Section be subject to appeal. This Section shall supersede any conflicting sections, including Section 9.04.20.08.060 of this Code. In addition, (Santa Monica Supp. No. 52, 2-07) 476-8
Santa Monica Municipal Code 9.04.12.030 the finding set forth in Section 9.04.20.08.030(c) is inapplicable to large family day care homes. (Prior code§ 9050.3; amended by Ord. No. 1646CCS § 2, adopted 9/29/92) . 9.04.12.040 Automobile dealerships. The purpose of this Section is to ensure that automobile dealerships do not create an adverse impact on adjacent properties and surrounding neighborhoods by reason of insufficient on-site customer and employee parking. traffic generation, including road testing of vehicles, obstruction of traffic, visual blight, bright lights, noise, fumes, or drainage runoff. The following special conditions shall apply to automobile dealerships. (a) Applicability. All new automobile dealerships shall comply with the development standards for the district in which it is located and with this Section. Existing automobile dealerships shall be subject to these standards when seeking any one of the following: (I) Cumulative expansion subsequent to the adoption of the ordinance codified in this Chapter of more than fifty percent of improved square footage existing at the time of adoption of the ordinance codified in this Chapter. (2) Any adjacent expansion of the land area on which the dealership is located, whether by purchase, lease, business combination or acquisition, or similar method. (3) Any substantial remodel ofthe existing dealership. Within one year from the adoption of the ordinance codified in this Chapter, existing dealerships shall be subject to those provisions of this Section as are hereafter specifically described. (b) Minimum Lot Size. The minimum lot size shall be fifteen thousand square feet for new Jots created by subdivision or ·combination after the adoption of the ordinance-codified in this Chapter. · (c) Parking and Vehicle Storage. Employee and customer parking shall be provided at no charge. Parking shall comply.with Part 9.04.10.08. Areas designated for employee and customer parking shall not be used for vehicle storage or display. Rooftop storage of vehicles is permitted, and fifty percent of any such space shall be counted as floor area for the purposes of computing floor area ratio. (d) Landscaping. Screening of display and non-display areas shall comply with the provisions of Part 9.04.10.04. A minimum two-foot landscape and decorative curb strip, where · feasible, shall be provided along the street frontage perimeter of all vehicle display areas. Landscape materials .shall be designed to provide an opaque visual buffer at least twelve inches in height. Applicable setback requirements shall be expanded to require a .minimum five-foot landscaped area adjacent to any abutting residential district. Final design treatment shall be subject to review and approval by the Architectural Review Board. All parking areas not used for vehicle display shall be subject to the parking lot screening requirements of Part 9.04.10.04. (e) Lighting. All lighting shall comply with Section 9.04. I 0.02.270. (f) Loading and Unloading of Vehicles. Loading and unloading of vehicles is permitted only in accordance with 477 this subsection. The dealership operator shall he responsible and licible for any activities of a common carrier, operator, or other person controlling such loading or unloading activities to the extent any such activities Violate the provisions of this subsection. (I) Loading and unloading of vehicles is limited to the hours of eight a.m. to five p.m. Monday through Saturday, excluding legal holidays. (2) . Off-loading shall be on-site or off-site, subject to the approval of the City Parking and Traffic Engineer. Loading and unloading shall not block the ingress or egress of any property. (3) ·Existing dealerships shall, within one year of the adoption of the ordinarice codified in this Chapter, submit plans to the Parking and Traffic Engineer for approval that satisfy the. requirements of this suPsection. ( 4) New automobile · dealerships or substantially remodeled dealerships shall proVide off-loading facilities on private property (on-or off-site). Shared loading and unloading fucilities are permitted for the purposes of meeting ·this requirement. (g) · Storage ofVehicles to Be Repaired. No vehicles to be "repaired shall be parked or stored on any public street or alley. (h) Repair of Vehicles. The repair and service facility portion of an automobile dealership shall comply with the provisions of Section 9.04.14.050. · (i) Queuing of Vehicles. An adequate on-site queuing area for service customers shall be provided. On-site driveways may be used for queuing but may not interfere with access to required parking spaces. Required parking spaces may not double as queuing spaces. · (j) Test Driving. Test driving shall n.ot be done on residential streets or alleys. For the purposes of this subsection, streets which are designated by the City as major collector streets shall be permissible areas for test driving. Each dealership operator shall have ari affirmative obligation to inform all its personnel_ofthis 'requirement and to ensure compliance with it. Existing dealerships shall, within one year of the adoption of the ordinance codified in this Chapter, submit plans to the Parking and Traffic Engineer for approval that satisfy the requirements of this subsection. (k) Control of Alley Traffic. Notwithstanding the prohibition of alley use for test driving, each dealership operator shall present to the Parking and Traffic Engineer, coincident with the applicBt'ion for a permit for a new. dealership or substantial remodeling. Within one year of the adoption of the ordinance codified in this Chapter, existing · dealerships shall present plans for slowing traffic flow in alleys adjacent to their uses, with theobjective of minimizing dangers to pedestrians and neighboring vehicle operations, and of minimizing noise and other environmental incursions into the neighborhood. Such plans shall be designed to limit the maximum speed to fifteen miles per hour and may include measures such as speed bumps or dips, one~way traffic patterns, increased signage, parking and loading prohibitions and similar measures. (I) Circulation. The location of entries and exits from dealerships shall be located as far away from adjacent residential properties as is reasonably feasible and shall be (Santa Monica Supp. No. 38, 8-03)
9.04.12.040 Santa Monica Municipal Code directed to commercial streets and away from residential areas by means ofsignage and design. The interior circulation system between levels shall be internal to the buildmg and shall not require use ofpublic ways or of externally visible or uncovered ramps, driveways or parking areas. No arrangement shall be permitted which requires vehicles to · back into an alley or other public way.· (m) Noise Control. (!) Th·ere shall be no outdoor loudspeakers. Interior loudspeakers shall produce no more than forty-five dba at a boundary abutting or adjacent to a residential parcel, under nonnal operating conditions (e.g., with windows open if they aie likely to be opened). · (2) All noise generating equipment exposed to the exterior shall be muffled with sound absorbing materials to minimize noise impacts on adjacent properties and shall not be operated before eight a.m. or after six p.m. if reasonably likely to cause annoyance to abutting or adjacent residences. (3) Rooftop storage areas shall be screened with "landsc3ping and noise absorbing materials to minimize noise impacts on adjacent properties. . . (4) Existing dealerships shall comply ·with the provisiop.s of this subsection within six months after the adoption of the ordinance codified in this Chapter. (n) Toxic Storage and Disposal. (1) Gasoline storage tanks shall be constructed and maintained under the same conditions and standards that apply for service stations. (2) · There shall be full compliance with the terms and conditionsofall Citylaws relating to the storage and disposal of toxic chemicals and hazardous wastes. ( o) Air Quality. (!) Use of brake washers shall be required in service stalls or areas which perfonn service on brakes employing asbestos or other materials known to be harmful when dispersed in the air. (2) All mechanical ventilating equipment shall be directed to top story exhaust vents which face away frorri abutting or adjacent residential properties. (3) Exhaust systems shall be equipped with appropriate and reasonably available control technology to minimize or eliminate noxious pollutants which would, otherWise be emitted. (p) Modification of Development Standards. . Development standards for the particular district in whic!I a development is located are modified and superseded by the following: ( 1) There shall be no windows or other openings in walls facing abutting or adjacent residential districts, except for emergency-only pedestrian exits if required by the Building and Safety Division and for delivery facilities·. (2) When only one level of activity area is located below grade and it is dedicated to uses typically included in FAR calculations iflocated above grade level, the area shall not be included in FAR calculations to the extent that there is a substituted .usage above the first floor which would not be included in FAR calculations if located below grade. If service stalls are located below grade, but an equivalent ·square footage above the first floor is dedicated to parking (which would not be counted in FAR if below grade), only (Santa Monica Supp. No. 38, 8-03) 478 the above-grade square footage is to be included in FAR calculations. Only one level of activity area shall be subject to this exemption. · ( q) Hours of Operation. Unless otbenvise approved by the Planning Commission on appeal, if the dealership is within one hundred feet of a residential district, operation of the dealership shall be prohibited between the hours often p.m. and seven a.m. (Prior code § 9(150.4; amended by Ord. No. 1803CCS § 11, adopted 5/23/95) 9.04.12.050 Automobile rental agemeies. The purpose of this Section is to ensure that automob;le rental agencies do not create an adverse impact on adjacent properties and surrounding neighborhoods by reason of insufficient on~site customer and employee parking, traffic generation including road testing of vehicles, obstruction· of traffic, visual blight, bright lights, noise, fiunes, or drainage runoff. The following performance stindards shall apply to automobile fental agen~ies: (a) . Minimum Lot Size. The mmimum lot size shall be seven thousand five hundred square feet (b) Lighting. All lighting shall comply with the provisions of Section 9.04.10.02.270. (c) Washing of Vehicles. All washmg, rinsing, or hosing dowrt of vehicles and of the property shall comply with Article 7 of this Code. (d) Repair of Vehicles. No vehicle repair work shall occur on the premises unless the rental agency is otherwise permitted and licensed to repair vehicles. (e) Parking. and Vehicle Storage. Employee and customer parking shall be provided at no charge. Parking shall comply with Part 9.04.10.08. Areas designated for employee and customer parking shall not be used for vehicle storage or display. Rooftop storage of vehicles is p<:r111itted, and fifty percent of any such space shall be counted as floor area for the purposes of computing floor area ratio. . (f) Landscaping. Screening of display and non-display areas shall comply with the provisions of Part 9.04.10.04. A minimum two-foot landscape and decorative curb strip, where feasible, shall be provided along the street frontage perimeter of all vehicle display areas. Landscape materials shall be designed to provide an opaque visual buffer at least twelve inches in height. Applicable setback requirements shall be expanded to require a minimum five·foot landscaped area adjacent to any abutting residential district. Final design treatroent shall be subject to review and approval by the. Architectural Review Board. All parking areas not used for vehicle display shall be subject to the p'!fking lot screening requirements of Part 9.04.1 0.04. (g) Loading and Unloading of Vehicles. Loading and unloading of vehicles is permitted only in accordance with this Subsection. The operator shall be responsible and liable for any activities of a common carrier, operator, or other person controlling such loading or unloading activities to the extent any such activities violate the provisions of this subsection·. (I ) Loading and unloading of vehicles is limited to the . . hours of eight a.m. to 'five p.m. Monday through Saturday, excluding legal holidays:
Santa Monica Municipal Code 9.04.12.050 (2) Off-loading shall be on-site or off-site, subject to the approval of the City Parking and Traffic Engineer. Loading and unloading shall not block the ingress or egress of any property. (3) Existing agencies shall, within one year of the adoption of the ordinance codified in this Chapter, submit plans to the Parking and Traffic Engineer for approval that satisfy the requirements of this subsection. (4) New automobile rental agencies or substantially remodeled agencies shall provide off-loading facilities on private property (on or off-site). Shared loading and ·unloading facilities are permitted for the purposes of meeting this requirement. (h) Circulation. The location of entries and exits from rental agencies shall be located as far away from adjacent residential properties as is reasonably feasible and shall be directed to commercial streets and away from residential areas by means of signage and design. The interior circulation system between levds shall be internal to the building and shall not require use of public ways or of externally visible or uncovered ramps, driveways or parking areas. No arrangement shall be permitted which requires vehicles to back into an alley or other public way. (i) Noise Control. (1) There shall be no outdoor loudspeakers. Interior loudspeakers shall produce no more than 45 dba at a boundary abutting or adjacent to a residential parcel, under nonnal operating conditions (e.g., with windows open if they are likely to be opened). (2) All noise generating equipment exposed to the exterior shall be muffled with sound absorbing materials to minimize noise impacts on adjacent properties and shall not be operated before 8:00 A.M. or after 6:00 P.M. if reasonably likely to cause annoyance to abutting or adjacent residences. (3) Rooftop storage areas shall be screened with landscaping and noise absorbing materials to minimize noise. impacts on adjacent properties. (4) · Existing agencies shall comply with the provisions of this subsection within six months after the adoption ofthis Chapter. Ul Toxic Storage and Disposal. ( 1) Gasoline storage tanks shall be constructed and maintained under the same conditions and standards that apply for service stations. (2) There shall be full compliance with the terms and conditions of all City laws relating to the storage and disposal of toxic chemicals and hazardous wastes. (k) Air Quality. (1) Use of brake washers shall be required in service stalls or areas which perform service on brakes employing asbestos or other materials known to be harmful when dispersed in the air. (2) All mechanical ventilating equipment shall be directed to top story exhaust vents which face away from abutting or adjacent residential properties. (3) Exhaust systems shall be equipped with appropriate and reasonably available control technology to minimize or eliminate noxious pollutants which would otherwise be emitted. (I) Accessory Automobile Rental Agencies Within Automobile Repair or Automobile Painting Facilities. The following special standards shall apply to accessory , automobile rentaL agencies located within automobile repair or automobile painting facilities: 479 (1) No more than ten percent of the total interior floor area of the automobile repair or automobile painting facility or a maximum of seven hundred fifty square feet, whichever is less, shall be devoted to the accessory automobile rental agency operation; (2) The accessory automobile rental agency shall only operate during the hours of operation ofthe automobile repair or automobile painting facility; (3) Vehicles may only be rented to customers of the · automobile repair or automobile painting facility; ( 4) No exterior signage shall be permitted for the accessory automobile rental agency; and (5) The accessory automobile rental agency shall not be advertised or marketed as an independent automobile rental agency. (Prior code § 9050.5; amended by Ord. No. 2074CCS § 3, adopted 5-13-03) 9.04.12.060 Private tennis courts. The purpose of this Section is to ensure that a private tennis court in a residential district shall not adversely impact either adjacent residential parcels 'in. the surrounding neighborhood and that they shall be utilized in a manner which protects the integrity ofthe district, while allowing for the private enjoyment of a healthful, recreational activity. The following performance standards shall apply to private tennis courts: (a) Fences and Walls. A private tennis court shall conform to all property development standards of the residential district in which it is located except that fences and walls surrounding a court may extend up to a maximum height of 12 feet if the required front and side yard setbacks are complied with. There shall be an opaque screen on all sides located adjacent to public rights-of-way and resideritially zoned parcels. (b) Minimum Lot Size. The minimum lot size on whic]l a private tennis court may be located shall be 10,000 square feet. (c) Number of Courts. There shall be no more than one tennis court for each residential parcel: (d) Use of Courts. A private tennis court shall not be used for commercial purposes and shall be used only by the occupants of property and their invited ·guests: (e) Landscaping. Adequate landscaping to reduce the impact of the private tennis court or a high fence shall be installed and maintained pursuant to standards outlined in Part 9.04.10.04. (f) Lighting. Lights shall not be used after 9:00 p.m. Monday through Friday, and not after 10:00 p.m. Saturday and Sunday. Lighting shall not exceed 0.5 foot candles at the property line. (Prior code§ 9050.6) 9.04.12.070 Senior group housing. The purpose of this Section is to ensure that senior group housing developments in residential districts do not adversely impact either the adjacent residential parcels or the (Santa Monica Supp. No. 40, 2-04)
9.04.12.070 Santa Monica Municipal Code surrounding neighborhood and that they shall be developed in a manner which protects the health, safety, and general welfare of the nearby residents, while providing for the housing needs of an importaot segment of the community. The following performance standards shall apply to Senior Group Housing: (a) Property Development Standards. The senior group housing facility shall conform to all property development standards of the zoning district in which it is located. The senior group housing shall conform with all local, state, and federal requirements for senior group housing. (b) Maximum Number of Dwelling Units. The number of dwelling units may exceed that which is permitted in the underlying zoning district if the dwelling units consist of individual rooms that contain full bathrooms and small, efficiency kitchens located in a building that also contains a common kitchen, dining and living space, adequate to serve all resid'-'!11§. _ _ . _ (c) Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the residential neighborhood. (d) Laundry Facilities. The development shall provide laundry facilities adequate for the residents. (e) Common Facilities. The development may provide one or more of the following specific common facilities for the exclusive use ofthe senior citizen residents: (I) Central cooking and dining rooms. (2) Beauty salon and barber shop. (3) Small pharmacy. ( 4) Recreation Room. (f) Security. Parking facilities shall be designed to provide security for residents, guests, and employees. (g) Landscaping. On-site landscaping shall be installed and maintained pursuant to the standards outlined in Part 9.04.10.04. (h) Minimum Age. Residential occupancy shall be limited to single persons over 62 years of age or to couples in which one is over 62 years of age. (i) Minimum Unit Size. New units constructed shall not be less than 410 square feet in floor area. (Prior code § 9050. 7) 9.04.12.080 One-story accessory living quarters. The purpose of this Section is to ensUre that single story accessory living quarters located in the Rl District shall not adversely impact either adjacent residential parcels or the surrounding neighborhood aod that they shall be developed in a manner which protects the integrity ofthe Rl District, while providing for needed housing opportunities for owners of eligible parcels in the Rl District. The following performance standards shall apply to single story accessory living quarters: (a) Property Development Standards. The single story accessory living quarters shall conform to all property development standards of the Rl District. (b) Minimum Lot Size. The minimum lot size shall be I 0,000 square feet. (Santa Monica Supp. No. 40, 2-04) (c) Maximum Building Height. The maximum building height shall be one-story, not to exceed 14 feet However, no accessory building shall be higher than the principal building. (d) Side Yard Setbacks. The accessory living quarters building shall have the same minimum side yard setback requirement as the principal building on the parcel, but in no case less thao 5 feet. (e) Rear Yard Setbacks. The accessory living quarters building shall have the same minimum rear yard setback requirement as the principal building on the parcel. (f) Architectural Compatibility. The accessory living quarters building shall be architecturally compatible with the principal building aod the surrounding neighborhood aod shall incorporate the same colors and materials as the main dwelling. (g) Maximum Size. No accessory living quarters building shall exceed 650 square feet in size. (h) Parking. The accessory living quarters building shall provide parking in addition to that required for the main dwelling pursuant to Part 9.04.10.08. (i) Kitchen. The accessory living quarters building · shall contain no kitchen. 480 G) Renting. No accessory living quarters building shall be rented or otherwise used as a separate dwelling unit. (k) Deed Restriction. Prior to issuance of a building permit for an accessory living quarters building, a deed restriction in the form approved by the City shall be executed and recorded to ensure compliance with this Section. (Prior code § 9050.8) 9.04.12.090 Game arcades. The noise and loitering commonly associated with game arcades tend to decrease compatibility with adjacent and surrounding uses. In order to mitigate the impacts of this use on other land uses, specific location limitations, development standards, and provisions shall be imposed on arcades and video machines. The following performance standards shall apply to game arcades. (a) Applicability. Arcades shall be permitted only in the RVC District with approval of a performance standards. permit and only in the following two locations: on the Santa Monica Pier and fronting on the Promenade. A performance standards permit shall also be required for existing arcades at such a time as those arcades apply for City permits for expansion or remodeling or any other development requiring a permit from the City or within one year of the date of adoption of this Chapter. (b) Number of Machines. Four or fewer arcade or game machines shall be permitted in any commercial business. More than four arcade or game machines for any commercial business constitutes an arcade which shall be subject to the standards anq provisions in this Section. (c) Noise Attenuation Requirements. (I) Any arcade building or tenaot space shall be constructed to achieve a minimum sound transmission class (STC) sound rating of 50 between the arcade and any adjacent use that shares a common wall or floor-ceiling assembly.
Santa Monica Municipal Code 9.04.12.090 (2) All arcades shall comply with the City's noise ordinance, Chapter 4.12. (d) Maximum Number of Machines. The number of. arcade or game machines shall not exceed one machine per each thirty square feet of floor area. (e) Adult Supervision/Surveillance. All arcade and game machines and all areas of the business shall be readily observed at all times by an adult supervisor of the arcade either by direct observation from a raised dais or through a video camera monitoring system approved by the Santa Monica Police Department with-cameras positioned so that the supervisor can observe all areas of the arcade simultaneously on a multi-screen monitor. If a video camera monitoring system is utilized, it shall be installed so that the monitoring supervisor is visible from the main arcade are~ and a sign shall be displayed at al1 entries to the arcade informing patrons that a video monitoring system is in use. In addition to the required supervision from a raised dais or video camera monitoring system, an adult supervisor shall be present in the main arcade area at all times that the arcade is open. If the number of arcade and game machines exceeds forty, there shall. be two such adult supervisors present in the main arcade area. (f) Lighting. The arcade shall be fully and adequately lighted for easy observation of all areas of the premises. (g) Bicycle Racks. A bicycle storage rack or racks accommodating a minimum of four bicycles shall be maintained adjacent to the arcade buil.ding and off the public sidewalk to adequately accommodate bicycles utilized by arcade patrons. (h) Restrooms. Each arcade shall provide at least one public restroom accessible to the disabled. (i) Telephones. At least one public telephone shall be provided at each arcade. G) Hours of Operation. The hours of operation shall be limited to between eight a.m. and ten p.m., every day of the week, except that game arcades on the Pier existing as of December 14, 1999 may operate Monday through Sunday from eight a.m. to two a.m. (k) Smoking and Drinking. No alcoholic beverages or cigarettes shall be sold. or consumed on the premises and there shall be no srnokillg within the arcade. Appropriate-notification shall be displayed within the premises. (I) Litter. The premises shall be continuously maintained in a safe, clean and orderly condition. (m) Abandonment. A legal nonconforming arcade that is closed continuously for a period of one year shall be declared abandoned. To resume operation, the abandoned arcade must obta-in a performance standards permit in accordance with this Section. (Prior code§ 9050.9; amended by Ord. No. 1964CCS § 3, adopted 1/11/00; Ord. No. 2097CCS § I, adopted 10/14/03) 9.04.12.100 Surface parking lots used for automobile storage in the BCD district. The purpose of this Section is to ensure that surface parking lots used· for automobile storage will not adversely impact the environment of the nearby residentS or diminish the integrity of any district. The following performance-standards 481 shall apply to surface parking lots used for automobile storage: (a) Maximum Height. The finished grade of a surface parking lot used for automobile storage shall not exceed eighteen inches in height above average natural grade. (b) Front Yard Setback. As shown on the official districting map ofthe City, but in no event shall the front yard be less than five feet. (c) Rear Yard Setback. Fifteen feet (measured from the centerline of the rear alley, if any), and if no rear ailey, five feet. (d) Side Yard Setbacl<. The side yard shall be five feet. No side yard shall be required adjacent to a commercially zoned parceL (e) Walls. Walls shall conform to the provisions of Subchapter 9.04.1 0. (f) Use of Required Yards. There shall be no parking or access to the surface parking lot pennitted within the required side yard. Parkirtg shall be permitted within the required rear yard provided that parking does not extend to within fifteen feet of the centerline of a rear alley or to within five feet of the rear property line if th~re is no rear alley located adjacent to the parcel, except that parking shall be permitted in a required setback if the parcel line directly abuts a commercial district. Acce.ss driveways shall be permitted within the required front or rear yards provided they do not exceed the maximum width permitted for parking lots and structure pursuant to Part 9.04.1 0.08. (g) Landscaping. The required front yard area shall be landscaped pursuant to the provisions of Part 9.04.10.04. Additional landscaping shall be provided and maintained in the interior of a surface parking lot and in the required side yard pursuant to the provisions of Part 9.04.10.04. (h) Vehicle Access. Vehicle access to and from all parking _lots shall be located a minimum of twenty feet, or a greater distance if practical, from any residentially .zoned -parcel not in commercial parking use. (i) Screening. Screening of automobile storage lots shall comply with the provisions of Section 9.04.1 0.04.090. U) Lighting. Lighting shall be provided pursuant to the provisions of Section 9.04.1 0.02.270. --(k) Paving. All surface parking lots used for automobile storage shall be surfaced with a minimum thickness of two inches of asphaltic concrete over a minimum thickness of four inches of a base material or alternative equivalent material approved by the Parking and Traffic Engineer. (I) Architectural Review. All surface level parking lots shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Article. (m) Applicability. Within three years ofthe effective date of this Chapter, existing surface parking lots used for automobile storage shall comply wi~h the provisions of this Section. (Prior code § 9050.1 0) (Santa Monica Supp. No. 51, 11-06)
9.04.12.110 Santa Monica Municipal Code 9.04.12.110 Surface parking lots used for non-required automobile parking in the TP District. The purpose of this Section. is to· ensure· that surface parking lots used for vehicle parking will not adversely impact the environment of nearby industrial, commercial and residential uses, and that any non-transit uses and improvements are removed if non-transit uses interfere with the development of the right-of-way when needed for public transit use. (a) Applicability. The following performance standards shall apply to surface parking lots used for nonrequired vehicle parking. Interfering ·vehicle parking uses shall be removed from the ·transportation right-of-way within one hundred and eighty days-of receiving notice from the City that the property is required for public transportation uses. (b) Maximum Height. The finished grade of surface parking lots shall not exceed eighteen inches in height as measured from an imaginary line extending between the midpoints of the front property liries at the sidewalk level of the through parcels. (c) Parking and Vehicle Acces" The parking design and vehicle access shall be subject to the review and approval .of the Transportation Planning Manager to minimize traffic . congestion and hazards and provide accessibility. (d) Fences. Fences shall conform to the provisions of Sections 9.04.1 0.02.080 and 9.04.1 0.02.090. (e) Lighting. Any lighting shall be provided pursuant to the provisions of Section 9.04. I 0.02.270. (f) Surfacing. Driveways, drive aisles and parking spaces shall be surfaced with a materials approved by the Transportation _Management Division which shall minimize noise and shall not create airborne particulates. The surfacing design, installation and materials used shall prevent contaminants from entering the storm drain system, or allow the surfacing ·material or dirt from being carried· on vehicle tires onto adjacent public streets. The City· encourages pervious surfaces to reduce urban runoff. (g) Storage. No overnight parking or storage of vehicles, or equipment, or materials is permitted. (h) Property Maintenance. The property shall be maintained free oftrash, debris, or junk materials. Hardscape· areas shall be swept at least once a month to minimize airborne particulates and runoff pollution. (Added by Ord. No. 2182CCS § 2, adopted 4/25/06) 9.04.12.120 Sidewalk cafes. The purpose of this Section is to permit sidewalk cafes that enhance the pedestrian ambiance of the City and to ensure that they do not adversely impact adjacent properties and surrounding neighborhoods consistent with ·the goals, objectives and· policies· of the General·.-Plan. The following special conditions shall apply to sidewalk cafes: (a) Applicability. Sidewalk cafes may be permitted in all commercial districts only with approval of a performance standards permit except as authorized in Section 9.04.10.02.460. A sidewalk cafe shall comply with the property development standards for the district in which it is (Santa Monica Supp. No. 51, !1-06) 482 to be located and with this Section. The provisions-of this Section shall apply to all new sidewalk cafes and to all existing sidewalk cafes at such a time as the sidewalk cafe is expanded or enlarged. (b) Accessory Use. A sidewalk cafe shall be conducted as an accessory use to a legally established restaurant or other eating and drinking establishment that is located on a contiguous adjacent parcel. (c) License Agreement. A license agreement shall be approved in a form required by the City. Sidewalk cafes on the Third Street Mall shall comply with the adopted Outdoor Dining Guidelines for the Third Street Mall Specific Plan area. (d) Barriers. lfbarriers are provided, they shall be in the manner required by ·the City, Sidewalk cafes on the Third ·Street Mall shall comply with the adopted Outdoor Dining Guidelines f 0 r the Third Street Mall Specific Plan area. (e) Enclosure. Awnings or umbrel1as may be used in conjunction with a sidewalk cafe·, but there shall be no permanent roof o·r shelter over the sidewalk cafe area. Awnings shall be adequately secured, retractable, and shall comply with the provisions of.the Uniform Building Code adopted by the City. Sidewalk cafes on the Third Street Mall shall comply with the adopted Outdoor Dining Guidelines for the Third Street Mall Specific Plan area. (f) Fixtures. The furnishings of the interior of the sidewalk cafe shall consist only of movable tables, chairs and umbrellas. Lighting fixtures may be permanently affixed onto the exterior front of the principal building. Sidewalk cafes on the Third Street Mall shall comply with the adopted Outdoor Dining guidelines for the Third Street Mall Specific Plan area. (g) Refuse Storage Area. No structure or enclosure to accommodate the storage oftrash or garbage shall be erected or placed on, adjacent to, or separate from the sidewalk cafe on the public sidewalk or right-of-way. Sidewalk cafes shall remain clear of litter at all times.· (h)_ Hours of Operation. The hours of operation of the sidewalk cafe shall be limited to the hours of operation ofthe associated restaurant or other ·eating a-nd drinking establishment. (Prior code§ 9050.12; amended by Ord. No. 2192CCS § 22, adopted 7 /11/06) 9.04.12.130 Service stations. The purpose of this Section is to ensure that service stations do not result in an adverse impact on adjacent land uses, especially residential uses. While service stations are needed by residents, visitors and employees in the CitY, the traffic, glare and patterns of use associated with service stations, particularly those open twenty-four hours per day, may be incompatible with nearby uses; particularly residential uses. Mini-markets in service stations may cause. greater · impacts because they are more likely-to-serve people-passing through the City from other communities than nearby residents, and they tend to attract a higher incidence of crh;ne. Therefore, in the interest of protecting the health, safety and general welfare of the City and its residents, special regulations shall be imposed on service stations, consistent with the goals, objectives and policies of the General Plan.
Santa Monica Municipal Code 9.04.12.130 The following special conditions shall apply to service. stations: (a) Applicability. Service stations may be permitted with the approval of a performance standards permit in those districts as provided in Subchapter 9.04.08. All service stations shall comply with the property development standards for the district in which it is to be located and with this Section. Except as specifically identified, the provisions of this Section shaH apply to all new service stations and to all existing service stations at such time as existing stations come before the City for an expansion of ten percent or greater in floor area, remodeling, or any.other development that would cost more than fifty percent of the value of the improvements on the parcel at the time·_of remodeling, excluding land value. (b) Minimum Lot Size. The minimum lot size shall be fifteen thousand square feet. · (c) Minimum Street Frontage. Each parcel shall have a minimum street frontage of one hundred feet on each abutting street. (d) Setbacks. No building or structure shall be located within thirty feet of any public right-of-way or within twenty feet of any interior parcel line. (e) Gasoline Pumps. Gasoline pumps shall be at least fifteen feet from any property line and a rrlinimum of twenty feet-from any public right-of-way: (f) Canopi.es. Canopies shall be at least five feet from any property line. (g) Walls. Service stations shall be separated from an adjacent property by a decorative masomy wall of not less than six feet in height. Materials, textures, colors and design of all walls shall be compatible with service station design ancJ adjacent properties. No wall required to be erected and maintained by this Section shall be constructed within five feet of a driveway entrance or vehicle accessway opening onto a street or alley which would obstruct a cross view of pedestlians on the sidewalk, alley or elsewhere by motorists entering or standing on the parcel. (h) Paving. The site shall be entirely paved, except for buildings and landscaping. (i) Landscaping. The service station site shall be landscaped pursuant to the following standards: (I) A minimum of fifteen percent of the site shall be landscaped including a planting strip at least three feet wide along all interior parcel lines, non-driveway street frontages, and adjacent to buildings. Planters shall be surrounded by masonry or concrete curbs and so arranged as to preclude. motor vehicles from driving across the sidewalk at locations other than access driveways. Permanent opaque landscaping or benning shall be provided and maintained in the planters at a height ofnoHess·than three feet above the average adjacent grade. (2) A minimum of one hundred· .fifty square . foot landscaped area shall be provided at the intersection of two property lines at a street corner. (3) All landscaped areas shall be properly maintained in a neat, orderly and safe manner, pursuant to Part 9.04.10.04. Such landscaping and maintenance shall include, but not be limited to, the installation and use of an automatic irrigation 482-1 system, ·permanently and completely installed, which delivers water directly to all landscaped areas. (4) All existing street trees shall be preserved, and driveways and vehicle approaches shall be designed so as not to necessitate the removal of any existing street trees. (5) Final landscaping design treatment shall be subject to review and approval by the Architectural Review Board. (j) Access and Circulation. For existing service stations proposing an expansion often percent or greater in floor area, remodeling, or any other development that would cost more than fifty percent of the value of the improvements on the parcel at the time of remodeling, excluding land v~Iue, existing driveways may remain in their present location. If changes or modifications to the driveways are proposed, such changes shall be subject to the approval of the City Parking and Traffic Engineer. For new service stations, no more than one driveway with a maximum width of thirty-five feet shall be permitted on any one street frontage and shall be located as follows. Driveways shall not be located closer than fifty feet from a street intersection, fifteen, feet from a residential property line or alley, nor as to otherwise interfere with the movement and -safety of vehicular and pedestrian traffic, subject to the approval of the Parking and Traffic Engineer. (k) All lubrication bays and wash racks shall be located within a fully enclosed building. Access to the service bays and wash racks shall not be located within fifty feet of a residentially zoned property. (l) Parking. Parking shall be provided in the following . manner: (Santa MoniCa Supp. No. 51, 11-06)
Santa Monica Municipal Code 9.04.12.130 (1) There shall be a minimum of two parking spaces for each seiVice bay, plus three spaces if full-seiVice, one space if self-seiVice, plus one space for each one hundred square feet of retail area. (2) The parking area shall be landscaped and striped in conformance with Parts 9.04.10.04 and 9.04.10.10. (3) Customer and employee parking shall not be utilized for automobile repair, finishing work or storage of vehicles. ( 4) Vehicles in the process of being serviced may be parked on the premises for a maximum period of two weeks, but additional parking spaces shall be provided for this purpose. (5) No vehicle that will be or has been seiViced may be parked on public streets, sidewalks, parkways, drive-ways or alleys. ( 6) No vehicle may be parked on the premises for the purpose of offering it for sale. (m) Air and Water. Each seiVice station shall provide air and water to customers without charge and at a convenient location during hours when gasoline is dis-pensed (n) Restrooms. Each seiVice station shall provide a men's and women's public restroom which are accessible to !he general public including the physically disabled during all hours the seiVice station is open to the public. Restrooms shall be attached to a structure on site with entrances or signage clearly visible from the gasoline seiVice area or cashier station and concealed from view of adjacent properties by planters of decorative screening and shall be maintained on a regular basis. ( o) Telephones. At least one public telephone shall be provided at each seiVice station in a location that is easily visible from public rights-of-way. (p) Vending Machines. Coin-operated vending ma-chines may be permitted within or abutting a structure for the purpose of dispensing items commonly found in seiVice stations, such as refreshments and maps. (q) Mini-Marts. Mini-marts may be permitted on the site of a seiVice station subject to the following develop-ment standards: · (1) One on-site parking space· for each one hundred square feet of retail space shall be provided in addition to the required parking spaces for the seiVice statioo. (2) The mini-mart shall be designed with materials compatible with the seiVice station and surrounding properties. (3) Arcade or game machines or other coin-operated electronic machines shall be prohibited. (r) Location of Activities. All repair and seiVice activities and operations shall be conducted entirely within an enclosed seiVice building, except as follows: (1) The dispensing of petroleum products, water and air from pump islaods; (2) Replacement seiVice activities such as wiper blades, fuses, radiator caps and lamps; (3) Minor repair work taking less than one hour to perform; (4) The sale of items from vending machines placed next to the principal building in a designated area not to exceed thirty-two square feet aod screened from public view; (5) The display of merchandise offered for customer convenience on each pump island, provided that the aggregate display area on each island shall not exceed twelve_ square feet aod that the products shall be en-closed in a specially designed case; ( 6) Motor vehicle products displayed along the front of the building and within thirty-six inches of the build-ing, limited to five feet in height and not more than ten feet in length. ( s) Refuse Storage and DisposaL Trash areas shall be provided and screened on at least three sides from public view by a solid opaque impact-resistant wall not less than five feet in height as required by .Section 9.04.10.0;!.150. (1) All trash shall be deposited in the trash area and the gates leading thereto shall be maintained in working order and shall remain closed except when in use. (2) Refuse bins shall be provided and placed in a location convenient for customers. (3) Trash areas shall not be used for storage. The premises shall be kept in a neat and orderly condition at · all times and all improvements shall be maintained in a condition of reasonable repair and appearance. No used or discarded automotive parts or equipment, or perma-nently disabled, junked or wrecked vehicles may be stored outside the main building. (t) Utilities. All utilities shall be placed underground. (u) Lighting. Alllightiog shall comply with the provi-sions of Section 9.04.10.02.270. (v) Equipment Rental. Rental of equipment such as trailers and trucks shall be permitted subject to the following restrictions: (1) The rental equipment does not occupy or inter-fere with the required parking for the automobile seiVice station; (2) The rental of the equipment is clearly incidental and secondary to the main activity on the site; (3) The merchandise is screened from view in confor--mance with Section 9.04.10.02.130. 483 (w) Operation of Facilities. The seiVice station shall at all times be operated in a manner not detrimental to surrounding properties or residents. Site activities shall not produce or be reasonably anticipated to produce any of the following: (1) Damage or nuisance from noise, smoke, odor, dust or vibration; (2) Hazard from explosion, contanrination or fire; (3) Hazard occasioned by the unusual volume or character of traffic, or the congregatiog of a large num-ber of people or vehicles. (x) SecurityPlan.Asecurityplan shall be developed by the applicant and approved by the City Chief of Police prior to issuance of a building permit. (y) Abandonment. Any legal nonconforming seiVice station that is closed contiouously for a period of at least one year shall be declared abaodoned. (Prior code § 9050.13; amended by Ord. No. 1834CCS § 7, adopted 12/12/95) 9.04.12.140 Shelter for tbe homeless. The purpose of these standards is to ensure the devel-opment of shelters for the homeless do not adversely (Santa Monica 2-00)
9.04.12.140 Santa Monica Municipal Code impact adjacent parcels or the surrounding neighbor-hood, and shall be developed in a manner which protects the health, safety, and general welfare of the nearby residents and businesses, while providing for the housing needs of a needy segment of the community. The follow-ing performance standards shall apply to shelters for the homeless: · (a) Property Development Standards. The shelter for the homeless shall conform to all property development standards of the zoning district in which it is located except as modified by these performance standards. (b) Maximum Number of Persons/Beds. The shelter for the homeless shall contain a maximum of forty beds and shall serve no more than forty homeless persons. (c) Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood. (d) Laundry Facilities, The development shall pro-vide laundry facilities adequate for the number of resi-dents. (e) Common Facilities. The development may pro-vide one or more of the following specific common facilities for the exclusive use of the residents: (1) Central cooking and dining room(s). (2) Recreation room. (f) Security. Parking facilities shall be designed to provide security for residents, visitors, and employees. (g) Landscaping. On-site landscaping shall be in-stalled and maintained pursuant to the standards outlined in Part 9.04.10.04 (h) On-Site Parking. On-site parking for homeless shelters shall be subject to requirements set forth in Section 9.04.10.08.040. (i) Outdoor Activity. For the purposes of noise abatement in residential districts, outdoor activities may only be conducted between the hours of eight a.m. to ten p.m. (j) Concentration of Uses. No more than one shelter for the homeless shall be permitted within a radius of one thousand feet from another such shelter. (k) Refuse. Homeless shelters shall provide a refuse storage area that is completely enclosed with masonry walls not less than five feet high with a solid-gated open-ing and that is large enough to accommodate a standard-sized trash bin adequate for the parcel. The refuse enclosure shall be accessible to refuse collection vehicles. (1) Health and Safety Standards. The shelter for the homeless must comply with all standards set forth in Title 25 of the California Administrative Code (Part 1, Chapter F, Subchapter 12, Section 7972). (m) Shelter Provider. The agency or organization operating the shelter shall comply with the following requirements: (1) Temporary shelter shall be available to residents for no more than sixty days. Extensions up to a total stay of one hundred eighty days may be provided if no alter-native housing is available. (2) Staff and services shall be provided to assist resi-dents to obtain permanent shelter and income. Such (Santa Monica 2A)()) 484 services shall be available at no cost to all residents of a provider's shelter or shelters. (3) The provider shall not discriminate in any servic-es provided. ( 4) The provider shall not require participation by residents in any religious or philosophical ritual, service, meeting or rite as a condition of eligibility. (Prior code § 9050.14) 9.04.12.150 Outdoor antique markets. The purpose of this Section is to permit outdoor antique markets and ensure that they do not result in an adverse impact on adjacent land uses, especially sur-rolinding residential uses. The following performance standards shall apply to outdoor antique markets: (a) Applicability. Outdoor antique markets may be permitted on properties located in the PL Public Lands Overlay District with the approval of a performance standards permit. An outdoor antique market shall com-ply with the property development standards of the Public Lands Overlay zoning district as well as any un-derlying zoning district. (b) Duration of Use. Outdoor antique markets are only allowed on a temporary basis. The use shall operate only once per month for no more than two consecutive days. (c) Food Sales. Food sales may he provided as an ancillary service to the event. There shall be no alcohol sales. (d) Hours of Operation. The hours of operation shall not exceed eight a.m. to seven p.m. each day of the event; Setup shall begin no earlier than five a.m. and all clean-up shall be concluded no later than seven p.m. However, the actual hours of operation and set-up/clean-up thnes for the event may he modified to ensure that the use is compatible with the surrounding neighborhood. (e) Music/Noise. No amplified music or public ad-dress system shall be audible beyond the property boundaries. Any use of amplified speakers shall be di-rected away from nearby residential uses. (f) Parking. A parking and circulation plan shall be approved by the Transportation Management Division to ensure the surrounding neighborhood is not adversely impacted by vehicular traffic related to the event. (g) Sanitary Facilities. A minimum of four portable sanitary facilities shall be located on-site and remain open for public use tlrroughout the duration of the event. (h) Security. Private security shall be provided during all hours that the event is open to the public. The num-ber or security personnel required shall be determined based on the anticipated number or participants and customers and the physical layout of the site. (i) Signage. Signage for the purpose of advertising the event shall be reviewed by the Architectural Review Board pursuant to Chapter 9.52 et seq. G) Solid Waste and Litter. Dumpsters, trash cans, and recycling bins shall be provided for the proper dis-posal of litter, There shall be personnel assigned to clean-up litter throughout the duration of the event. (k) Temporary Structnres. Temporary structures shall not be permitted with the exception of portable canopies for the purpose of shading individual vendors and deal-ers. (Added hy Ore!. No. 1961CCS § 2, adopted 11/9/99)
Santa Monica Municipal Code· 9.04.12.!60 9.04.12.160 Film and video production in the TP District. The purpose of this Section is to allow for film and video production activities to take place on the transpmtation right-of-way while ensuring that adjacent and nearby industrial, commercial, and residential uses are not negatively impacted, and that any non-transit uses and improvements are removed when the right-of-way is needed for public transit use. (a) Applicability. The following pe1fmmance standards shall apply to all film and video production activities conducted on the right-of-way. All uses and improvements shall be removed from the right-of-way within one hundred and eighty days of receiving notice from either the property owner or the City that the property is needed for public transportation uses. (b) Hours of Operation. All production activities, including set construction and preparation, delivery and loading/unloading of equipment, trailer delivety and set up, and rehearsals shall comply with Resolution Number 8140 (CCS), regulating Pictures for Commercial Purposes, and any successor resolution as may be adopted by the City Council from time to time. (c) Noise. No production activities shall exceed the maximum noise thresholds established in the City's Noise Ordinance (Chapter 4.12). (d) Permitted Structures and Enclosures .. No permanent structures shall be constructed on the transportation right-of-way. Existing structures may be used for film production uses but m·ay not be expanded. Temporary structures without permanent foundations, such as fences or landscaping for exterior sets and backdrops, tents, scaffolding for lighting or camera placement and ti·ailers may be permitted. No structure shall exceed thirty feet in height. (e) Parking. A performance standards permit shall be denied unless the applicant demonstrates to the satisfaction of the Transpottation Planning Manager that sufficient parking and/or altemative means of transporting production crewmembers to and from the site will be provided sO limited public parking resources will not be adversely impacted. All parking located on the right-of-way shall be improved and used in confotmance with the standards specified in Section 9.04.12.110. (f) Property Maintenance. The property shall be maintained free of trash, debris, or junk materials. Hardscape areas shall be swept at least once a month to minimize airborne particUlates and runoff pollution. (Added by Ord. No. 2182CCS § 3, adopted 4/25/06) 9.04.12.170 Commercial nurseries in the TP District. The purpose of this Section is to allow for conunercial nurseries to operate on the transportation right-of-way while ensuring that adjacent and nearby industrial, commercial, and residential uses are not negatively impacted, and that the non-transit uses and improvements are removed when the right-of-way is needed for public transit use. (a) Applicability. The following performance standards shall apply to all commercial nursery activities conducted on 484·1 the transportation right-of-way. All commercial nursery uses shaH be removed from the right-of-way within one hundred and eighty days of receiving notice from either the property owner or the City that the property is needed for public transpottation uses. (b) Noise. No activities shall exceed the maximum noise thresholds established in the City's Noise Ordinance (Chapter 4.12). (c) Permitted Structures. No pe1manent structures may be constructed on the transportation right-of-way. Existing structures may be used for commercial nursety purposes but may not be expanded. Temporary structures without permanent foundations may be permitted. No structure shall exceed thirty feet in height. (d) Fences. Fences shall conform to the provisions of Sections 9.04. 10.02.080 and 9.04.10.02.090. (e) Storage of Materials. All plants shall be kept in moveable pots. or containers, no plants shall be planted directly in the ground except pursuant to a landscape plan approved by the Architectural. Review Board. All other nursery materials and equipment shall be screened from public view by a minimum five-foot tall fence or potted hedge or shall be stored in an enclosed structure. (f) Prope1·ty Maintenance. The property shall be maintained free of trash, debris, orjunkmaterials. Hardscape areas shall be swept at least once a month to minimize airborne particulates and runoff pollution. (g) Parldng. Parking requirements, vehicle access and parking space design shall be subject to the review and approval of the Transpmtation Planning Manager to minimize traffic congestion and hazards and provide accessibility. (Added by Ord. No. 2182CCS § 4, adopted 4/25/06) 9.04.12.180 All-electric vehicle automobile dealership showrooms. The purpose of this Section is to ensure that automobile dealership showrooms for electric vehicles are compatible with uses within the BSC-1 Bayside Commercial District and do not create an adverse impact on adjacent properties by reasori of traffic generation, including road testing of vehicles. The following special conditions shall apply to electric vehicle automobile dealership showrooms: (a) Applicability. All new electric vehicle automobile dealership showrooms shall comply with the development standards fOr the BSC-1 district and with this Section. (b) Maximum Street Frontage. The showrooms of the electric vehicle automobile dealerships shall be limited to a ma."<imum linear street frontage of twenty-five feet. (c) Maximum Dealership Showroom Square Footage. The showrooms of the electric vehicle automobile dealerships shall be limited to a maximum of three thousand seven hundred fifty square feet. (d) Maximum· Number ofDealership Showrooms. The maximum number of electric vehicle dealership showrooms permitted in the BSC-1 district shall be limited to four. (e) Maximum Number of Vehicles On-site. The showroom of the electric vehicle automobile dealerships shall (Santa Monica Supp. No. 11, 2-12)
9.04.12.180 Santa Monica Municipal Code be limited to a maximum of five vehicles. Additional vehicles may be provided -on or off~site for test driving purposes. (f) Loading and Unloading of Vehicles. Loading and unloading of vehicles shall be permitted only in accordance with this subsection. The dealership operator shall be responsible and liable for any activities of a common carrier, operator, or other person controlling such loading or unloading activities to the extent any such activities violate the provisions of this subsection. (1) Loading and unloading of vehicles shall be limited to the hours of eight a.m. to eleven a.m. Monday through Saturday, excluding legal holidays. (2) Loading and off-loading shall be subject to the approval of the City Parking and Traffic Engineer. Loading and unloading shall not block the ingress or egress of any property. (g) Vehicle Service and Repair. No vehicles shall be serviced or repaired on the premises. (h) Test Driving. Test driving shall be permitted by appointment only. Test driving shall not be done on residential streets or alleys. For the purposes of this subsection, streets which are designated by the City as major collector streets shall be permissible areas for test driving. Each dealership operator shaH have an affirmative obligation to inform all its personnel of this requirement and to ensure compliance with it. Employees of the dealership shall deliver the vehicles for test driving to a designated nearby location on a permitted test driving route. All test driving routes and their operation shall be reviewed and approved by the City Parking and Traffic Engineer. (Added by Ord. No. 2384CCS § 2, adopted 12113/11) Subchapter 9.04.13 Use Permit Special Standards 9.04.13.010 Purpose. The uses contained in this Part may cause negative impacts in the area in which they are proposed to be developed and thus they require a use permit. The standards contained in this Prut are intended to explicitly describe the location, configuration, design, amenities, operation and other development standards which along with additional conditions of approval for the use petmit will ensure that the potential impacts me minimized, consistent with the goals, objectives, and policies of the General Plan. (Added by Ord. No. 1690CCS § 10 (part), adopted 7/13/93) 9.04.13.020 Applicability. The Zoning Administrator, or the Planning Commission on appeal, may approve a use permit for the proposed project on the condition that-the project comply with the special standards contained in this Part. Projects subject to approval of a use permit must also comply with all other requirements of this Chapter unless otherwise provided in this Section. The Zoning Administrator, or Planning Commission on appeal, may require additional conditions of approval of the use permit to ensure that the potential impacts of the project are minimized. When the proposed project does not meet the required special standards and cannot be modified to comply (Sanl.1 Monica Supp. No. 71, 2·12) 484-2 with the special standards, the Zoning Administrator, or the Planning Commission on appeal, shall disapprove the project. (Added by Ord. No. 1690CCS § 10 (part), adopted 7113/93) 9.04.13.030 Outdoor newsstands. The purpose of this Section is to ensure that outdoor newsstands located in any permitted commercial district shall not adversely impact surrounding uses and shall be developed in a manner which enhances and protects the integrity Of the district. The following special conditions shall apply to outdoor newsstands:
Santa Monica Municipal Code 9.04.13.030 (a) Property Development Standards. The outdoor newsstand shall comply with all property development standards of the commercial district in which it is located. (b) Maximum Size. No outdoor newsstand shall exceed two feet in depth, fifty feet in length, eight feet in height, or one hundred forty-nine square feet in total floor area. (c) Minimum Distance from Other Outdoor Newsstands. No outdoor newsstand shall be located closer than five hundred feet to the nearest other outdoor newsstand. (d) Outdoor .Newsstands on Public Rights-of-Way. Prior to submittal of an application for an outdoor newsstand, the applicant must obtain preliminary approval from the Department of General Services and the City Parking and Traffie Engineer to ensure that public safety and pedestrian and vehicular traffic concerns are adequately addressed. Fees shall be assessed for the use of public property. A minimum eight foot pedestrian path must be maintained between the outdoor newsstand and the curb or any other pedestrian-obstructing object. If the outdoor newsstand abuts the wall of a private parcel, the operator must have the permission of the owner of the private parcel to operate an outdoor newsstand in that location. (e) Maintenance and Design. Outdoor newsstands shall be maintained at all times in a clean, neat and attractive condition and in good repair; shall be constructed of a permanent material to the satisfaction of the Building and Safety Division; and shall be of a design approved by the Architectural Review Board based on the guidelines contained in Chapter 9.32 of the Municipal Code. (f) Advertising. No outdoor newsstand shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of newspapers or periodicals, as approved by the Architectural Review Board and as governed by Chapter 9.52 (Sign Code) of the Municipal Code. (g) Placement. No outdoor newsstand shall be placed within three feet of any display window of any building abutting the street or in such manner as to impede or interfere with the reasonable use of such ..yindow for display purposes, unless such a window is on the indoor portion of a newsstand facility. (h) Use. No outdoor newsstand shall be utilized for the sale, nor for the display for sale, of any article or item other than newspapers, magazines, periodicals and other similar newsprint publications. (Added by Ord. No. l690CCS § 10 (part), adopted 7/13/93) 9-04.13.040 Second dwelling units in the R-1 and OP-1 Districts. A second dwelling unit including all existing non-permitted second units shall comply with all the requirements of the zoning district in which it is to be or is located, including the Uniform Building Code and all other relevant Federal, State and local requirements and with the following operating, design and development standards: (a) Occupancy and Sale Limitations. The owner of record of the parcel shall reside on the parcel on which the second unit is located, in either the main dwelling unit or the 485 second unit. The second unit shall be intended and used for occupancy as a residential dwelling unit by the resident property owner, a dependent of the resident property owner or a care giver of either the resident property owner or a dependent ofthe resident property owner. The use permit shall be valid only if and for so long as these conditions are maintained. The second unit is not intended for, and shall not be offered for, sale separately from the main dwelling unit. (b) Lot Size. Second units may be developed on any legal parcel offive thousand square feet or more in the R-1 and OP-1 Districts. Second units may not be developed on parcels less than five thousand square feet in area. (c) Density. Second units may be developed on parcels which contain no more than one existing single-family residence. (d) Maximum and Minimum Unit Size. Second units may contain a maximum of-six hundred fifty square feet of floor area and a minimum of two hundred twenty square feet of floor area. (e) Parcel Coverage. The parcel coverage of the second unit shall count toward total parcel coverage. The entire parcel shall conform to the parcel coverage limitation of the R-1 or OP-1 Districts as applicable. (f) Parking Requirements. For second units, one parking space per bedroom shall be required, with a minimum of one space per second unit. Tandem.parking shall not be permitted unless the parcel upon which the second unit is located is less than thirty feet in width. Parking shall not be located in the front one half of the parcel. (g) Second Units Attached to the Main Dwelling. Except as otheiWise provided above, the second unit shall comply with all the property development standards for the main dwelling. (h) Detached Second Units. In addition to the requirements set forth above, detached second units shall comply with the following: (I) One story detached second unit in a building which is fourteen feet or less in height: The entire building in which such second unit is located shall comply with the requirements· applicable to acces.sory structures set forth in Zoning Ordinance Section 9.04.10.02.100, subsections (a), (b), (c), (d) and (e) and with the requirements for accessory living quarters set forth in Zoning Ordinance Section 9.04.12.080, subsections (c), (d) and (g). (2) Detached second unit in a building which is over one story or exceeds fourteen feet in height: The entire building in which such second unit is located shall comply with the ·requirements applicable to accessory structures set forth in Zoning Ordinance Section 9.04.14.110, subsections (a), (c), (d), (e) and (g). (i) Design Standards. (I) The exterior design of the second unit shall be substantially compatible with that of the main dy;elling in terms of building forms, materials, colors, exterior finishes and landscaping. The parcel shall retain a single-family appearance and the second unit shall be integrated into the design of the existing improvements on the property. (Santa Monica Supp. No. 53, 5-07)
9.04.13.040 Santa Monica Municipal Code (2) The second unit shall be clearly subordinate to the main dwelling unit on the parcel by size, location and appearance. (3) The entrance to the second unit shall not be on the front or street side yard. (4) The addresses of both units shall be displayed in a manner as ,to be clearly visible from the street. G) Conversion of Existing Structures. (1) Garage Conversions. The creation of a second unit through conversion of all or a portion of a garage shall be prohibited unless at least two parking spaces in a garage are provided for the main dwelling, in addition to the parking required by this Section for the second unit, and all other provisions of this Section are met. (2) Accessory Living Quarters and Non-Garage Accessory Building Conversions. The creation of 3. second unit through conversion of all or a portion of a accessory living quarters or non-garage accessory building shall be allowed if parking required by this Section for the second unit is provided, and all other provisions of this Section are met. (3) Conversion of Existing Floor Area of the Main Dwelling. The creation of a second unit through conversion of part of the existing floor area of the main dwelling shall be allowed, provided it does not result in the floor area of the main dwelling being less than one hundred fifty percent ofthe floor area of the second unit, or in violation of the standards of the Uniform Building Code or Uniform Housing Code. (k) Prohibition Against Rental. The second unit shall not be rented except to those persons whose occtipancy is authorized by subsection (a) of this Section. (1) Deed Restriction. Prior to issuance of a building permit, or in the case of an existing second unit, within forty-five days following the effective date of approval of a use permit, the applicant shall record a deed restriction with the County Recorder in a form approved by the City Attorney setting forth the requirements of this Section, including the applicable occupancy and sale restrictions. This deed restriction shall run with the land. (m) For purposes of this Section, the following definitions shall apply: (1) Care giver means any person who is responsible for the care, health, safety, custody, or control of the resident p-roperty owner or a dependent of the resident property owner for a minimum of twenty hours per week. · (2) Dependent of the resident property owner means any person who meets one of the following categories: (A) An individual claimed by the resident property owner as a dependent on his or her state or federal personal income tax returns if he or she has sufficient income to have a personal tax liability. (B) A biological, adopted, or foster child, a stepchild, or a legal ward who is under twenty-one years of age. (C) An individual twenty-one years of age or greater who has physical or mental limitations which restrict his or her ability to carry out normal activities or to prOtect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or (Santa Monica Supp. No. 53, 5·07) 486 mental abilities have diminished because of age and who is in one of the following groups: (i) Children, parents, siblings, first cousins, nephews, or nieces, and persons of preceding generations denoted by prefixes of grand, great or great-great. (ii) Stepfather, stepmother, stepbrother, stepsister and stepchild. (iii) Spouses of any persons named in the above groups even after the marriage is terminated by death or divorce. 3. Resident property owner means any person listed on the tax assessor's rolls as an owner of record of the parcel on which the second unit is or will be located and who resides on this property as his or her principal place of residence. (Added by Ord. No. 1942CCS § 11, adopted 5/11/99) 9.04.13.050 One-story accessory buildings over fourteen feet in height or two-story accessory buildings. The purpose of this Section is to ensure that accessory buildings located on parcels in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, do not adversely impact adjacent parcels or the surrounding neighborhood, and are developed in a manner which protects the integrity of the neighborhood. Notwithstanding Section 9.04.10.02.110, the following conditions and property development standards shall apply to single story accessory buildings over fourteen feet in height or two-story accessory buildings: (a) The accessory building shall conform to all property development standards of the residential district in which the accessory building is located, except that a one-story garage or t~e garage portion of an accessory building may extend into the rear yard and may extend to one interior side property line on the rear thirty-five feet of a lot and the second story shall have a minimum separation of twenty feet from the second story of the principal building. (b) The second story portion of an accessory building which is directly above the garage may extend into the required rear yard but shall be no closer than fifteen feet from the centerline of the alley or fifteen feet from the rear property line where no alley exists, and may not extend into any required Side yard. (c) Roof decks, landings, upper level walkways and balconies are limited to thirty-five square feet in area and must be set back at least twenty-five feet from the side property line closest to the structure, and at least twenty-five feet from the rear property line, or if an alley exists, twenty-five feet from the centerline of the alley; (d) Maximum Building Height. The maximum building height shall be two stories, twenty-four [eel in height. However, no accessory building shall be higher than the principal building.
Santa Monica Municipal Code 9.04.13.050 (e) Side Yard Setbacks. The accessory building shall have the same minimum side yard setback requirement as the principal building on the parcel, but in no case less than five feet. (f) Architectural Compatibility. The accessory building shall be architecturally compatible with the principal dwelling and the surrounding neighborhood and shall incorporate the same colors and materials as the main dwelling. (g) Maximum Size of Second Floor. No accessory building shall have a second floor that exceeds two hundred fifty square feet in size. (b) Kitchen. The accessory building shall not contain a kitchen unless specifically permitted as a second dwelling unit pursuant to Section 9.04.08.02.040(b). (i) Fun Bath. The accessory building may contain a sink and toilet, but shall not-contain a shower or. tub. enclosure unless specifically permitted as a seCond dwelling unit pursuant to Section 9.04.08.02.040(b). Where there is swinuningpool or spa located on the premises, a shower that is located outside may be permitted. G) Renting. No accessory building shall be rented for any purpose or othetwise used as a separate dwelling unit unless specifically permitted as a second dwelling unit pursuant to Section 9.04.08.02.040(b). (k) Deed Restriction. Prior to issuance of a building pennit for any accessory building, a deed restriction in the fonn approved by the City shall be executed and recorded to ensure compliance with this Section. (Added by Ord. No. 1950CCS § 6, adopted 8/10/99) 9.04.13.060 First-floor uses with a Third Street Promenade frontage exceeding fifty feet. The purpose of this Section is to ensure a wide variety of storefronts on the Third Street Promenade. A new or expanded use on the Third Street Promenade may have a frrstRfloor frontage that exceeds. fifty feet if a use permit is obtained pursuant to Santa Monica Municipal Code Section 9 .04.20.11.010 et seq. and one of the following additional findings of fact is made: (1) The proposed use is an entertainment-related use that adds to the overall vitality and diversity of the Bayside District and the use cannot be accommodated within a Third Street Promenade frontage-of fifty feet or less. (2) The proposed use adds to the diversity of the distript by providing goods or services that are not otherwise available in the Bayside District and the use cannot be accommodated within a Third-Street Promenade frontage of fifty feet or less. (3) ·The conditions ofthe proposed site make it physically or practically infeasible for the use to occupy a Third Street Promenade frontage of fifty feet or less. (Added by Ord. No. 2142CCS § 3, adopted 9/28/04) Subchapter 9.04.14 Special Conditions for Conditional Uses 9.04.14.010 Purpose. The uses contained in this Subchapter may cause negative impacts in the area in which they are proposed to be developed and thus they require approval of a Conditional" Use Permit. The special conditions contained in this Subchapter are intended to explicitly describe the location, configuration, design, amenities, Operation, and othet; conditions of approval for these uses which 486a along with additional conditions of approval for the Conditional Use Permit will ensure the potential impacts are minimized, consistent with the goals, objectives, and policies of the. General Plan. (Prior code§ 9055.1) 9.04.14.020 Applicability. The Planning Commission, or City Council oil appeal, may approve a Conditional Use Permit for the proposed project on the condition that the project comply with the special conditions contained in this Subchapter. Projects subject to approval of a Conditional Use Permit-must also comply with-all other requirements of this Chapter unless otherwise provided in this Section. The Planning Commission, or City Council on appeal, may require additional conditions of approval of the Conditional Use Permit to ensrne that the potential impacts of the project are minimized. When the proposed project does not meet the required special conditions and cannot be conditioned or modified to comply with the special conditions, the Planning Commission, or City Council on appeal, shall disapprove the project. (Prior code § 9055.2) 9.04.14.030 Child day care centers in residential distriCts. The provision of child care in safe and convenient locations is an important policy objective of the City. The purpose of this section is to ensure the safety of children (Santa Monica Supp. No. 43, 12~04)
Santa Monica Municipal Code 9.04.14.030 a:ttending these facilities and to preserve the character of the surrounding neighborhood. The following special conditions shall apply to child day care centers in resi-dential districts: (a) Structures. A child day care center shall conform to all property development standards of the zoning district in which it is located unless otherwise provided in this Section. (b) Fences and Walls. Outdoor play areas shall be enclosed by a fence of at least four feet in height, except that in a required front yard, fence height may not ex-ceed four· feet in height unless otherwise permitted through approval of a Variance pursuant to Part 9.04.20.10 or an adjustment pursuant to Part 9.04.:10.34. Materials, textures, colors and design of the fence or wall shall be compatible with on-site development and adja-.. cent properties. All fences or walls shall provide for controlled points of entry. (c) On-Site Parking. On-site parking for child day care centers shall conform to the provisions of Part 9.04.10.08. (d) Passenger Loading. Curbside loading shall be presumed adequate for drop-off and pick-up of children. However, where the City Parking and Traffic Engineer, in evaluating a particular facility, determines that curb-side loading is not adequate, the City Parking and Traffic Engineer shall approve an alternate passenger loading plan. (e) Organized Outdoor Play Activity. For the pur-poses of noise abatement in residential districts, orga-nized outdoor activities shall be limited to the hours of 7:00 a.m. to 9:00 p.m. . (f) State and Other Licensing. All child day care · centers shall be State licensed and shall be operated according to all applicable State and local regulations. (Prior code § 9055.3; amended by Ore!. No. 1711CCS § 1, adopted 11/9/93) 9.04.14.040 Service stations. The purpose of this Section is to ensure that service stations do not result in an adverse iropact on adjacent land uses, especially residential.uses. While service sta-tions are needed by residents, visitors and employees in the City, the traffic, glare and patterns of use associated ·with service stations, particularly those open twenty-four hours per day, may be incompatible with nearby uses, . particularly· residential uses. Mini-markets in service stations may cause greater impacts because they are more likely to serve people passing through the City from other cominunities than nearby residents, and they tend to ·attract a higher incidence of crime. Therefore, in the interest of protecting the health, safety and general welfare of the City and its residents, special regulations shall be imposed on service stations, consistent with the goals, objectives and policies of the General Plan. The following special conditions shall apply to service stations: (a) Applicability. Service stations may be permitted with the approval of a conditional use permit in those districts as provided in Subchapter 9.04.08. All service stations shall comply with the property development standards for the district in which it is to be located and with this Section. Except as specifically identified, the provisions of this Section shall apply to all new service stations and to all existing service stations at such time as existing stations come before the City for an expansion of ten percent or greater in floor area, or a remodeling, or any other development that would cost more than fifty percent of the value of the improvements on the parcel at the time of remodeling, excluding land value. (b) Minimum Lot Size. The ininimum lot size shall be fifteen thousand square feet. (c) Minimum Street Frontage. Each parcel shall have a ininimum street frontage of one hundred feet on each abutting street (d) Setbacks. No building or structure shall be locat-ed within thirty feet of any public right-of-way or within twenty feet of any interior parcel line. (e) Gasoline Pumps. Gasoline pumps shall be atleast fifteen feet from any property line and a mininium Of twenty feet from any public right-of-way. (f) Canopies. Canopies shall be at least five feet .. from any property line. . (g) Walls. Service stations shall be separated from an adjacent property by a decorative masonry wall~ of not less than six feet in height. Materials, textures, colors and design of all walls shall be compatible with service station design and adjacent properties. No wall required to be erected and maintained by this Section shall be construct-ed within five feet of a driveway entrance or vehicle accessway opening onto a street or alley which would obstruct a cross view of pedestrians on the sidewalk, alley or elsewhere by motorists entering or standing on the parcel. · (h) Paving. The site shall be entirely paved, except for buildings and landscaping. (i) Landscaping. The service station site shall be landscaped pursuant to the following standards: (1) A ininimum of fifteen percent of the site shall be -landscaped including a planting strip at least three feet wide along all interior parcel lines, non-driveway street frontages and adjacent to buildings. Planters shall be sur-rounded by masonry or concrete curbs and so arranged as to preclude motor vehicles from driving across the sidewalk at locations other than access driveways. Perma-nent opaque landscaping or berming shall be provided and maintained in the planters at a height of not less than three feet above the average adjacent grade. (2) A ininimum of one hundred fifty square foot landscaped area shall be provided at the intersection of two property lines at a street comer. < (3) All landscaped areas shall be properly maintained in a neat, orderly and safe manner, pursuant to Part 9.04.10.04. Such landscaping and maintenance shall <include, but not be limited to, the installation and use of an automatic irrigation system, permanently and com-pletely installed, which delivers water directly to all landscaped areas. ( 4) All existing street trees shall be preserved, and driveways and vehicle approaches shall be designed so as not to necessitate the removal of any existing street trees. 486-1 (Santa Monica 8-99)
9.04.14.040 Santa Monica Municipal Code (5) Final landscaping design treatment shall be sub-ject to review and approval by the Architectural Review Board. G) Access and Circulation. For existing service stations proposing an expansion of ten pereent or greater in floor area, remodeling, or any other development that would cost more than fifty percent of the value of the improvements on the parcel at the time of.remodeling, excluding land value, existing driveways may remain in their present location. If changes or modifications to the driveways are proposed, such changes shall be subject to the approval of the City Parking and Traffic Engineer. For new service stations, no more than one driveway with a maximum width of thirty-five feet shall be permit-ted on any one street frontage and shall be located as follows. Driveways shall not be located closer than fifty feet from a street intersection, fifteen feet from a resi-dential property line or alley, nor as to otherwise inter-fere with the movement and safety of vehicular and pedestrian traffic, subject to the approval of the Parking and Traffic Engineer. (k) All lubrication bays and wash racks shall be located within a fully enclosed building. Access to the . service bays and wash racks shall not be located within fifty feet of a residentially zoned property. (I) Parking. Parking shall be provided in the follow-ing manner: (1) There shall be a minimum of two parking spaces for each service bay, plus three spaces if full-service, one (Santa Monica 8-99) 486-2
Santa Monica Municipal Code 9.04.14.040 space if self-service, plus one space for each one hundred square feet of retail area (2) The parking area shall be landscaped and striped in conformance with Parts 9.04.10.04 and 9.04.10.10 .. (3) Customer and employee parking shall not be utilized for automobile repair, finishing work or storage of vehicles. (4) Vehicles in the process of being serviced may be parked on the premises for a maximum period of two weeks, but additional parking spaces shall be provided for this purpose. (5) No vehicle that will be or has been serviced may be parked on public streets, sidewalks, parkways, drive-ways or alleys. (6) No vehicle may be parked on the premises for the purpose of offering it for sale. (m) Air and Water. Each service station shall provide air and water to customers without charge and at a convenient location during hours when gasoline is dis-pensed. (n) Restrooms. Each service station shall provide a men's and women's public restroom which are accessible to the general public including the physically disabled during all hours the service station is open to the public. Restrooms shall be attached to a structure on site with entrances or signage clearly visible from the gasoline service area or cashier station and concealed from view of adjacent properties by planters of decorative screening and shall be maintained on a regular basis. ( o) Telephones. At least one public telephone shall be provided at each service station in a location that is easily visible from public rights-of-way. (p) Vending Machines. Coin-operated vending ma-chines may be permitted within or abutting a structure for the purpose of dispensing items commonly found in service stations, such as refreshments and maps. ( q) Mini-Marts. Mini-marts may be permitted on the site of a service station subject to the following develop-ment standards: (1) One on-site parking space for each one hundred square feet of retail space shall be provided in addition to the reqnired parking spaces for the service station. (2) The mini-mart shall be designed with materials compatible with the service · station and surrounding properties. (3) . Arcade or game machines or other coin-operated electronic machines shall be prohibited. ( 4) Unless otherwise provided by the Planning Com-mission, or City Council on appeal, if the service station is within one hundred feet of a residential district, mini-mart operation shall be prohibited between the hours of ten p.m. and seven a.m. (r) Location of Activities. All· repair and service activities and operations shall. be conducted entirely within an enclosed service building, except as follows: (1) The dispensing of petroleum products, water and air from pump islands; (2) Replacement service activities such as wiper blades, fuses, radiator caps and lamps; (3) Minor repair work taking less than one hour to perform; 487 ( 4) The sale of items from vending machines placed next to the principal building in a designated area not to exceed thirty-two square. feet and screened from public view;· (5) The display of merchandise offered for customer convenience on each pump island, provided that the aggregate display area on each island shall not exceed twelve square feet and that the products shall be en-closed in a specially designed case; ( 6) Motor vehicle products displayed along the front of the building and within thirty-six inches of the build-ing, limited to five feet in height and not more than ten feet in length. ( s) Refuse Storage and Disposal. Trash areas shall be provided and screened on at least three sides from public view by a solid opaque impact-resistant wall not. less than five feet in height as reqnired by Section 9.04.10.02.150. (1) All trash shall be deposited in the trash area and the gates leading thereto shall be maintained in working order and shall remain closed except when in use. (2) Refuse bins shall be provided and placed in a location convenient for customers. (3) Trash areas shall not be used for storage. The premises shall be kept in a neat and orde!lY condition at all times and all improvements shall be i&aintained in a condition of reasonable repair and appearance. No used or discarded automotive parts or equipment, or perma-nently disabled, junked or wrecked vehicles may be stored outside the main building. (t) Utilities. All utilities shall be placed underground. (u) Lighting. All lighting shall comply with the provi-sions of Section 9.04.10.02.270. (v) Equipment Rental. Rental of equipment such as trailers and trucks shall be permitted subject to the following restrictions: (1) .The rental equipment does not occupy or inter-fere with the required parking for the automobile service .station; (2) The rental of the equipment is clearly incidental and secondary to the main activity on the site; (3) The merchandise is screened from view in confor-mance with Section 9.04:10.02.130. (w) Operation of FacUities. The service station shall at all times be operated in a manner not detrimental to surrounding properties or residents. Site activities shall not produce or be reasonably anticipated to produce any of the following: " (1) Damage or nuisance from noise, smoke, odor, dust or vibration; (2) Hazard from explosion, contamination or fire; (3) Hazard occasioned by the unusual volume or character of traffic, or the congregating of a large num-ber of people or vehicles. (x) Secnrity Plan. A security plan shall be developed by the applicant and approved by the City Chief of Police prior to issuance of a building permit. (y) Abandonment. Any legal nonconforming service station that is closed continuously for a period of at least one year shall be declared abandoned. (Prior code § 9055.4; amended by Ord. No. 1803CCS § 12, adopted 5/23/95; Ord. No. 1834CCS § 8, adopted 12/12/95) (Santa Monica 5-00)
9.04.14.050 Santa Monica Municipal Code 9.04.14.050 Automobile repair facilities• The purpose of this Section is to provide for the mitigation of potential noise, fumes, litter, and parking problems associated with automobile repair facilities; The special conditions contained in this Section are intended to ensure that automobile repair facilities operate harmo-niously and are compatible with adjacent and surround-ing uses. 1n the interest of protecting the health, safety, and general welfare of the Oty and its residents, special conditions shall be imposed on automobile repair facili-ties, consistent with the goals, objectives, and policies of the General Plan. The.following special conditions shall apply to automobile repair facilities: (a) Applicabilitf:Automobile repair facilities may be permitted with the approval of a Conditional Use Permit in those.districts asprovided in Subchapter 9.04.08. Each automobile repair facility, including one which is part of and incorporated within an automobile dealership, shall couform to the property development standards of the district in which it is to be located, with Section 9.04.12.040 or 9.04.14.060, and with this Section. Existing automobile repair facilities shall be subject to those provisions of. this Section as are hereafter specifically described. (b) Minimum Lot Size. The minimum lot size for automobile repair facilities not associated with an auto-mobile dealership shall be seven thousand five hundred square feet for new lots created by subdivision or combi-nation after the adoption of the ordinance codified in this Chapter. (c) Setbacks. An automobile repair facility shall comply with the setback reqnirements for the district in which it is located. (d) Paving. The site shall be entirely paved, except for buildings and landscaping. Existing automobile repair facilities that are currently not paved shall couform with this reqnirement within one year from the adoption Ordinance Number 1452 (CCS). (e) Landscaping. A landscape area at least two feet wide shall be provided along the perimeter of the parcel and along building frontages, excluding authorized drive-ways, so that no less than ten percent of the repair facili-ty site not occupied by structures is ·landscaped. 1n all. other respects; landscaping shall couform to the reqnire-ments of Part 9.04.10.04. Existing automobile repair facilities shall comply with this subsection within one.year from the adoption of Ordinance Number 1452 (CCS) except where strict application of this subsection would result in undue hardship by reqniriog the demolition or relocation of all or part of an existing building, perimeter wall or fence or the elimination of parking spaces. 1n any of these circumstances, an existing auto repair facility may submit an alternative landscaping plan to the Archi-tectural Review Board which deviates· from the reqnire-ments of this subsection solely to the extent necessary to eliminate the hardship. The Architectural Review Board shall approve this alternative landscaping plan provided this plan would not adversely affect the public welfare and would not be detrimental or injurious to property and improvements in the surrounding area. Existing automobile repair facilities entitled to submit alternative landscaping plans shall comply with this subsection within (Santa Monica 5-00) six months from the effective date of the ·ordinance codified in this Section. (f) Screening. If body repair work is performed by . the facility,· screening approved by the Architectural Review Board shall be provided so that vehicles awaiting repair shall not be visible from surrounding properties or public rights-of-way. Existing automobile repair facilities shall comply with this subsection within one year from the adoption date Ordinance 1452 (CCS). (g) Structures. Entrances to individual service bays shall not face abutting residential parcels and uses. All structures shall be constructed to achieve a minimum Standard Transmission Coefficient (STC) sound rating· · of 45-50. (h) Refuse. Refuse storage areas shall comply with · Section 9.04.10.02.150c . (i) Lighting. All lighting shall comply with Section 9.04.10.02.270. Existing automobile repair facilities shall comply with this subsection within three months from the effective date of the ordinance codified in this Section. (j) Repair Activities. Escept as provided in this subsection, all repair activities and operations shall be conducted entirely within an enclosed building. Outdoor hoists are prohibited. Existing automobile repair facilities shall comply with this subsection within one year from the adoption. Ordinance Number 1452 (CCS). N'otwith-standing Section ·9.04.18.030, work activities may be conducted outdoors on the premises of automobile repair · facilities lawfully in existence prior to September, 1988, including those permitted in the M11ndustrial Conserva-tion and LMSD Light Manufacturing and Studio districts, provided the following conditions are met: (1) The work is performed within twenty feet of an existing building; (2) Subject to the determination of the Zoning Ad-ministrator, the work is performed entirely within a clearly marked area which is at least fifty feet from the property line of the nearest residence or within a· clearly marked area screened in its entirety from the nearest . residenu, as of the effective date of Ordinance 1963 (CCS), by a line-of-sight barrier consisting of a building enclosed on the side facing the residence; (3) The work area does not exceed fifty·' percent . · (50%) of the facility's existing outdoor area or four-hun-dred square feet, whichever is greater; 488 ( 4) The work does not involve the use of pneumatic tools or power tools unless battery-powered; · (5) The work is not audible at the property line of the nearest residence; (6) Street frontage is screened consistent with Sec-tion 9.04.10.04.080; (7) Side and rear yards, not fronting a street, . are screened consistent with subsection. (f). of this Section; (8) .The workis performed from 8:00 acm. to 5:00 · p,m. Monday through Friday and 8:30 a.m. to 4:00 p.m. Saturday. (9) Outdoor hoists are not utilized. Automobile repair facilities lawfully in existence prior to September, 1988 which service and repair oversized vehicles outdoors on their premises may work on these vehicles without being subject to the area limitations set forth in subdivisions (1), (2) and (3) of this subsection (j)
Santa Monica Municipal Code 9.04.14.050 ifthe vehicles cannot be serviced and repaired within existing buildings due to the size of the vehicles. (k) Enclosure. Automobile repair facilities performing body and fender work or similar noise-generating activities shall be conducted in fully enclosed structures with walls of concrete block or similar materials and doors in maximum half open position during operating hours. All painting shall occur within a fully enclosed booth. Existing automobile repair racilities with structures that have doors on opposite ends of individual service bays shall be required to leave any such door facing a residential district or use fully closed during repair activities. Existing outdoor hoists prohibited by subsection (j) shall be rendered inoperative, removed or fully enclosed in a four-sided building with a roll-up or similar type door which is oriented away froin adjacent residentially zoned properties and uses. The outdoor hoist enclosures shail not exceed eighteen feet in width by twenty-eight feet in length, shall be constructed in a manner consistent with subsection (g), and shall not be required to be constructed with walls of concrete block or similar materials u:nJess body and fender· work or similar noise geJ;Ierilting activities are being conducted. Such enclosures shall be operated. in a manner-consistent with this subsection. Pursuant to Section 9.04.02.030.315(k), enclosures for hoists in existence on the adoption date of Ordinance Number 1452 (CCS) shall not be included in calculatinRthe site's floor area and no additional parking shall be required due to the e~closure of the outdOor hoists. Existing automobile repair facilities shall comply with the hoist enclosure or removal requirement within one year from the effective date of Ordinance 1963 (CCS), but as provided by subsection (j) outdoor hoists shall not be operated pending their removal or enclosure. Once an outdoor hoist is enclosed, the hoist may again be operated. (I) Hours of Operation. In all districts, except on parcels which are more than one hundred feet from a residential district, no works hall be performed on automobiles between the hours of eight p.m. and seven a.m., Monday through Saturday, and no work shall be performed on Sundays, except as follows. In the C4 District, in approving a, Conditional Use Permit, the Planning Commission or City Council on appeal may authorize Sunday operations if all of the following are met: (1) The facility's daily business is limited to automobile lubrication and fluid maintenance services, air filter replacement, and/or windshield wiper replacement services; . (2) The -facility has no vehicular access to or 1 from a residential street; ' (3) .. Sunday operations are prohibited before ten a.m. and after five p.m.; (4) The application of paint to motor vehicles, the perfqrrnance of body or fender repair work, or the use of pneumatic tools or similar loud power tools shall not be permitted to occur on Sundays; (5) If the facility is located adjacent to a residential district: (A) The fucility is separated from the residential district by a public alley or other public right-of-way, an appropriate physical barrier such as a brick or block wall which buffers adjacent residences from noise, and an appropriate landscape buffer, and (B) The garage doors to the service bays do not face the residential district. (m) Litter. The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable repair and appearance. Except as provided herein, no used or discarded automotive parts or equipment or permanently disabled, junked or Wrecked vehicles lnay be stored outside the main building. Reusable or recyclable au~omobile parts, may also .be stored in containers measuring no greater than six feet in width by nine feet in length by six feet in height. An auto repair facility seeking to utilize storage containers shall submit an application to the Architectural Review Board for review pursuant to Municipal Code Section 932.140 and to the City's Fire Marshal for review to ensure that the container or"the storage materials do not present a fire or safety hazard. Existing automobile repair facilities shall comply with this subsection within three months from the effective date of the ordinance codified in this Section. · (n) Sound. Sound generated from the repair facility shall comply with Section 9.04.10.02.310. Existing automobile repair facilities shall comply with this subsection within three months from. the effective date of the ordinance codified· in this Section. (o) Abandonment. Any legal nonconforming automobile repair facility that is closed continuously for ·a period of at least six months shall be declared abandoned, except when caused by an act of nature,· provided reconstruction of the building is commenced within one year of the date the damage . occurs and is diligently completed. (p) Storage. An exterior parking area shall be used for employee and customer parking only and not for the repair or finishing work or long-term (over one week) storage of vehicles. No vehicles to be repaired shall be parked or stored on any street or in any alley. Existing automobile repiiir faCilities shall comply with this subsection within ihree months from the effective date of the ordinance codified in this Section. (q) Test Driving. Road testing of vehicles on residential streets is prohibited. All road testing shall be conducted on streets designated by the City as major collector streets. Automobile repair facilities shall prepare plans detailing the road testing route and shall submit these plans to the City's Transportation Management Division for approval. Each automobile repair facility operator shall notify its employees of the City approved route and shall ensure employees adhere to the plan. Existing automobile repair facilities shall comply with this subsection within three rilonths from the effective date of the ordinance codified in this Section. (r) Vehicles Awaiting Repair and Disassembled Vehicles. All vehicles awaiting repair shall_ be parked on-site. No vehicles shall be parked on a'puQlic street, including those towed to the automobile repair facility. The hoods of vehicles awaiting parts or repair shall remain closed at all times while work is not being performed. Any disassembled vehicles awaiting parts or repair for twenty-four hours or longer shall 488-1 (SantaMooica Supp. No. 66, ll-10).
9.04.14.050 Santa Monica Municipal Code be covered. Existing automobile repair facilities shall comply with this subsection within three months from the effective date of the ordinance codified in this Section. (Prior code § 9055.5; amended by Ord. No. 1803CCS § Li, adopted 5/23/95; Ord. No. 1804CCS § 1, adopted 6/13/95; Ord. No. 1963CCS § 2, adopted 2/8/00) 9.04.14.060 Automobile dealerships. The purpose of the Section is to ensure that automobile dealerships do not create an adv.~rse impact on adjacent properties and surrounding neighborhoods by reason of insufficient on-site customer and employee parking, traffic generation, including road testing of vehicles, obstruction of traffic, visual blight, bright lights, noise, fumes, or drainage runoff. The following special conditions shall apply to automobile dealerships: (a) Applicability.' All new automobile dealerships shall comply with the property development standards for the district in which it is located and with this Section. Existing automobile dealerships shall comply with this Section when seeking any of the following: (I) Cumulative expansion of more than fifty percent of improved square footage existing at the time of adoption of the ordinance codified in this Chapter; (2) Aoy adjacent expansion of the land area on which the dealership is located, whether by purchase, lease, business combination or acquisition, or .similar method; (3) Aoy. substantial remodel of the existing dealership. Within one year from the adoption of the ordinance codified in this Chapter, existing automoQile dealerships shall be subject to those provisions of thiS Section as are hereafter specificruly described. (b) Minimum-Lot Size. The minimum lot size shall be fifteen thousand square feet for new lots created by subdivision or combination after the adoption of the ordinance codified in this Chapter. (c) Parking and Vehicle Storage. Employee and customer parking shall be provided at no charge. Parking shall comply with Part 9.04. I 0.08. Areas designated for employee and customer parking shall not be used for vehicle storage or display. Rooftop storage of vehicles is permitted, and fifty percent of any such ~pace shall be counted as floor area for the purposes of computing floor area ratio. (Santa Monica Supp. No. 66, 11-10) 488-2
Santa Monica Municipal Code 9.04.14.060 (d) Landscaping. Screening of display and non-display areas shall comply with the provisions of Part 9.04.10.04. A minimum two-foot landscape and decorative curb strip, where feasible, shall be provided along the street front-age perimeter of all vehicle display areas. Landscape materials shall be designed to provide an opaque visual buffer at least twelve inches in height Applicable setback reqnirements shall be expanded to re<Juire a minimum five-foot landscaped area adjacent to any abutting resi-dential district. Final design treatment shall be subject to. review and approval by the Architectural Review Board. All parking areas not used for automobile display shall be subject to the parking lot screening reqnirements ofPart 9.04.10.04. (e) lighting. All lighting shall comply with Section 9.04.10.02.270. . (f) Loading and Unloading of Vehicles. Loading and unloading of vehicles is permitted only in accordance with this subsection. The dealership operator shall be responsible and liable for any activities of a common carrier, operator, or other person controlling such load-ing or unloading activities to the extent any such activi-ties violate the provisions of this subsection. (1) I,.oading and unloading of vehicles is limited to the hours of eight a.m. to five p.m. Monday through Saturday, excluding legal holidays. (2) Off-loading shall be on-site or off-site, subject to the approval of the City Parking and Traffic Engineer. Loading and unloading shall not block the. ingress or egress of any adjacent property. (3) Existing dealerships shall, within one year of the adoption of the ordinance codified in this Chapter, sub-mit plans to the City Parking and Traffic Engineer for approval that satisfy the reqnirements of this subsection. ( 4) New automobile dealerships or substantially re-modeled dealerships shall provide off-loading facilities on private property (on-or off-site). Shared loading and unloading facilities are permitted for the purposes of meeting this reqnirement. . (g) Storage of Vehicles to Be Repaired; No vehicles to be repaired shall be parked or stored on any public street or alley. (h) Repair of Vehicles. The repair and service facility . portion of an automobile dealership shall comply with the provisions of Section 9.04.14.050. (i) Queuing ofVehicles. An adequate on-site quening area for service customers shall be provided. On-site driveways may be used for quening, but may not interfere with access to reqnired parking spaces. Reqnired parking spaces may not double as quening spaces. (j) Test Driving. Test driving shall not be done on residential streets or alleys. For the purposes of this subsection, streets which are designated by the City as major collector streets shall be petrnissible areas for test · driving. Each dealership operator shall have an affirma-tive obligation to inform all its personnel of this reqnire-ment and to ensure compliance with it. Existing dealer-ships shall, within one year of the adoption of the ordi-nance codified in this Chapter, submit plans to the City 489 Parking and Traffic Engineer for approval. to satisfy the reqnirements of this subsection. (k) Control of Alley Traffic. Notwithstanding the prohibition of alley use for test driving, each dealership operator shall present to the City. Parking and Traffic Engineer, coincident with the application for a permit for new dealerships or substantial remodeling, and within one year of the adoption of the ordinance. codified in this Chapter for existing dealerships, a plan for slowing traffic flow in alleys adjacent to their uses, with the objective of minimizing dangers to pedestrians andneighbpringvehi-cle operations, and of mjnimjzing noise and o~er envi· ronmental incursions into the neighborhood. Such plans shall be designed to limit maximum speed to fifteen miles per hour and may include measures such as speed bumps or dips, one-way traffic patterns, increased signage, park-ing and loading prohibitions and similar measures. . (I) Circulation. The location of entries and exits from automobile dealerships shall be located as far away from adjacent residential properties as is reasonably feasible and shall be directed to commercial streets and away from residential areas by means of signage and design. The interior circnlation system between levels shall be internal to the bnilding and shall not reqnire use of public ways or of externally visible or uncovered ramps, driveways or parking areas. No arrangement shall be permitted which reqnires vehicles to back into an alley or other public way. (m) Noise Control. (1) There shall be no outdoor loud speakers. Interior loudspeakers shall produce no more than forty-five dba at a boundary abutting or adjacent to a residential parcel under normal operating conditions (e.g., with windows open if they are likely to be opened). (2) All noise-generating eqnipment exposed to the exterior shall be muffled with sound absorbing materials to minip1ize noise impacts on adjacent properties and -shall not be operated before eight a.m. or after six·p.m.-if reasonably likely to cause annoyance to abutting or adjacent residences. . (3) Rooftop storage areas· shall be screened with landscaping and noise absorbing materials to minimire noise impacts on adjacent properties. ( 4) Existing dealerships shall comply with the provi-sions of this subsection within six months after the adop-tion of the ordinance codified in this Chapter. (n) Toxic Storage and Disposal. (1) Gasoline storage tanks shall be constructed and maintained under the same conditions and standards that apply for service stations. (2) There shall be fnl1 compliance with the terms and conditions of all City laws relating to the .storage and disposal of toxic cheJ;nicals and hazardous wastes. ( o) Air Quality. Use of brake washers shall be re-qnired in service stalls or areas which calculations if located above grade level, the area shall not be included in FAR calcnlations to the extent that there is a substi-toted Usage above the first floor which wonld not be included in FAR calcnlations if located below grade. If service stalls are located below grade, but an eqnivalent (Santa Momca 7-95)
9.04.14.060 Santa Monica Municipal Code square footage above the first floor is dedicated to park-ing (which would not be counted in FAR if below grade), only the above-grade square footage is to be included in FAR calculations. Only one level of activity area shall be subject to this exemption. (Prior code§ 9055.6; amended by Ord. No. 1803CCS § 14, adopted 5/23/95) 9.04.14.070 Automobile rental agencies in the CS, C6, and CC districts. The purpose of this Section is to ensure that auto-mobile rental agencies do not create an adverse impact on adjacent properties and surrounding neighborhoods by reason of insufficient on-site customer and employee parking, traffic generation including road testing of vehi-cles, obstruction of traffic, visual blight, bright lights, noise, fumes, or drainage run-off. The following perf or-mance standards shall apply to automobile rental agen-cies: (a) Minimum Lot Size. The minimum lot size shall be seven thousand five hundred square feet (b) Lightiag. All lighting shall comply with the provi-sions of Section 9.04.10.02.270. (c) Washing of Vehicles. All washing, rinsing, or hosing down of vehicles and of the property shall comply with Article VII of this Code. (d) Repair of Vehicles. No vehicle repair work shall occur on the premises unless the rental agency is other-wise permitted and licensed to repair vehicles. (e) ParkiDg and Vehicle Storage. Employee and cus-tomer parking shall be provided at no charge. Parking shall comply with Part 9.04.10.08. Areas designated for employee and customer parking shall not be used for vehicle storage or display. Rooftop storage of vehicles is permitted, and fifty percent of any such space shall be counted as floor area for the purpos-es of computing floor area ratio. (f) Landscaping. Screening of display and non-display areas shall comply with the provisions of Part 9.04.10.04. A minimum two-foot landscape and decorative curb strip,. where feasible, shall be provided along the street front-age perimeter of ali vehicle· display areas. Landscape materials shall be designed to provide an opaque visnal buffer at least twelve inches in height. Applicable setback requirements shall be expanded to require a minimum five-foot landscaped area adjacent to any abutting resi-dential district. Final design treatment shall be subject to review and approval by the Architectural Review Board. All parking areas not used for vehicle display shall be subject to the parking lot screening requirements of Part 9.04.10.04. (g) Loading and Unloading of Vehicles. Loading and unloading of vehicles is permitted only in accordance with this subsection. The operator shall be responsible and liable for any activities of a common carrier, opera-tor, or other person controlling such loading or unloading activities to the extent any such activities violate the provisions of this subsection. (1) Loading and unloading of vehicles is limited to the hours of eight a.m. to five p.m. Monday through Saturday, excluding legal holidays. (Santa Monica 7w95) 490 (2) Off-loading shall be on-site or off-site, subject to the approval of the City Parking and Traffic Engineer. · Loading and unloading shall not block the ingress or egress of any property. (3) Existing dealerships shall, within one year of the adoption of the ordinance codified in this Chapter, sub-mit plans to the Parking and Traffic Engineer for approv-al that satisfy the requirements of this subsection. ( 4) New automobile rental agencies or substantially remodeled agencies shall provide off-loading facilities on private property (on-or off-site). Shared loading and un-loading facilities are permitted for the purposes of meet-ing. this requirement. (h) Circulation. The location of entries and exits from rental agencies shall be located as far away from adjacent residential properties as is reasonably feasible and shall be directed to commercial streets and away from residen-tial areas by means of signage and design. The interior circulation system between levels shall be internal to the building and shall not require use of public ways or of externally visible or uncovered ramps, driveways or park-ing areas. No arrangement shall be permitted which re-quires vehicles to back into an alley or other public way. (i) Noise Control. (1) There shall be no outdoor loudspeakers. Interior loudspeakers shall produce no more than forty-five dba at a boundary abutting or adjacent to a residential parcel, under normal operating conditions (e.g., with windows open if they are likely tn be opened). (2) All noise generating equipment exposed to the exterior shall be muffled with sound absorbing materials to minimire noise impacts on adjacent properties and shall not be operated before eight a.m. or after six p.m. if reasonably likely to cause annoyance to abutting or adjacent residences. (3) Rooftop storage areas shall be screened with landscaping and noise absorbing materials to minimire noise impacts on adjacent properties. ( 4) Existing agencies shall comply with the provisions . of this subsection within six months after the adoption of the ordinance codified in this Chapter. G) Toxic Storage and Disposal. (1) Gasoline storage tanks shall be constructed and maintained under the same conditions and standards that apply for service stations. (2) There shall be full compliance with the terms and conditions of all City laws relating to the storage and dis-posal of toxic chemicals and hazardous wastes. (k) Air Quality. (1) Use of brake washers shall be required in service stalls or areas which perform service on brakes employing asbestos or other materials known to be harmful when dispersed in the air. (2) All mechanical ventilating equipment shall be directed to top story exhaust vents which face away from abutting or adjacent residential properties. (3) Exhaust systems shall be equipped with appropri-ate and reasonably available control technology to mini-mize or eliminate noxious pollutants which would other-wise be emitted. (Prior code § 9055.7)
Santa Monica Municipal Code 9.04.14.080 9.04.14.080 Neighborhood grocery stores in multi-family residential districts. The purpose of this Section is to pennit neighborhood grocery storeS in all multiple familyresic;iential districts for the use and 'convenience of neighborhood residents. The special conditions contained in this Section are intended to ensure that neighborhood grocery stores are compatible with the scale and character of the surrounding neighborh9od, and .consistent with the goals, objectives, and policies of the General Plan. The following special conditions shall apply to neighborhood grocery s.tores.in. mvltiple family residential districts: (a) Applicability. Ail neighborhood grocery stores in multi-family districts shall comply with the property development standards for the district in which it is to be . located and with this Section. (b) Location. No neighborhood grocery store shall be located within three hundred linear feet of an adjacent commercial district in which similar facilities are located. (c)·structure." A neighborhood grocery store shall be operated completely within an enclosed building. The store shall be located on the groufid floor and shall count as a residential unit for the purpose of calculating the unit density permitted on a parcel. The store "unit" may not be used for residential purposes. (d) Heigl!t, Setback, and Parcel Coverage. A neighborhood grocery store shall comply with the height, setback, and parcel coverage requirements for the residential district in which it is located. If the $tore is contained in a structure that includes other uses, no portion of the remaining portion of the structure in which the store is located shall exceed the height, setback, and parcel coverage requirements for the resjdential district. (e) Parking. A minimum of two off-street parking spaces shali be provided for employees of the store. In addition, if the neighborhood grocery store exceeds six hundred squci.re feet, an additional parking space shall be provided for each additiOnal three hundred sque1re feet.6r a portion thereof. (f) Passenger Loading. One on-stre_et pa~senger loading zone shall be located adjacent to the parcel near the entrance to the store for use by customers who-arrive by automobile. (g) Off-Street Loading. One off-street loading area may be used for parking by store customers. Loading and unloading of store merchandise shall be p~rmitted only betv{een eight-thirty a.m. and six p.m. .(h) Lighting. Lighting shall comply . with Section 9.04.10.02.270. (i) Hours· of Operation. The store shall be open for business only between eight a.m. and nine p.m. U) Maximum Size. No neighborhood grocery store shall exceed three thousand square feet. (k) "Alcohol Sales. No neighborhood grocery store shall be permitted to sell alcoholic beverages. . (I) Deliveries. Deliveries shall be pennitted only between the hours of eight a.m. to six p.m., Monday through Friday. (m) The Planning Commission (or City Council on appeal) may modify subsections (d), (e), (g), (i), Gland(!) of this Section for existing legal nonconfomiing neighborhood markets seeking to extend or renew conditional. use permits 491 pursuant to Section 9.04.l8.040(h) if all of the following ~ndings of fact can be made in an affirmative manher: ( l) That the use has been in continuous operation since the effective date of the Zoning Ordinance (September 8; 1988); (2) That the strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Chapter or that there are -exceptional circumstances or conditions applicable to the proposed development that do not apply generally to other developments covered by this Chapter; ·· (3) That the granting of a modification would not adversely affect surroUnding properties or be detrimental to the district's residential-oriented environment. . Notwithst<inding the granting of an exte:O.sion Or renewal of a conditional lise permit, the neighborhood market shall remain a. legal nonconforming use subject to Section 9.04.18.030, except Section 9.04.l8.030(e) as It relates to extended hours of operation, and as a nonconforming use, it shall be permitted to continue only sO long as the use rerlla"ins substantially the same type of use as the use ofthe property on the effective date of the Zoning Ordinance and the basic operational features of the use and its impact on the neighborhood are not altered. (Prior code§ 9055.9; amended by Ord. No. 2090CCS § I, adopted 7/22/03; adopted by Ord. No. 2224CCS § 1, adopted 4124/07) · 9.04.14.090 Drive-in, drive-through, fast-food and take-out restaurants. The purpose of this Section is to effectuate the goals, obj~ctives, and polici~s of the Genera!" Plan by ensuririg that drive-in, drive-thrOugh, fast-food, and take-out testautants do not result 'in a,dVerse impacts on adjacent properties and reSidents or on surrounding rieighborhoods by "reason of customer and emPloyee parking demand, traffic genera_tion, noise, light, littei-, or ·cumulative impact of such demands ill one area. The following special conditions shall apply to dr.ive-in, drive-through, fast-food, and take-out restaurants: (a) Applicability. Drive-in, drive-through, fast-food, or take-out restaurants may be permitted only with approv.al of a conditional use permit. These restaurants shall comply with· the property development standards ofthe underlying district and with this Section. The provisions of this Section shall apply to all new· drive-in, drive~through, fast-food, and take-out restaurants, to any existing restaurant which has an expansion of more tha:O. ten percent of the gross floor area oi increase of more than twenty-five percent of the number of seats and, to the extent specifically provided in subsection G), restaurants operating as of July 10, 1995. (b) Hours of Operation. When located on a site adjacent to or separated by an alley from any residentially zoned property, a drive-in, drive-through, fast-food, or take-out restaurant shall not open prior to seven a.m. nor shall it remain open after ·ten p.m., except thaf fast-food or take-out restaurants in the C3 District whose entire operation, including parking, is conducted within an enclosed building or an enclosed patio shall have the following hours: (Santa Monica Supp. No. 54, 8-07)
9.04.14.090 Santa Monica Municipal COde (I) Operations within the enclosed building may be twenty four hours, seven days per week; (2) Operations within the enclosed patio shall not begin earlier than 7:00a.m. daily and shall conclude not later than 12:00 a.m. Monday through Friday and 2:00 a.m. Saturday and.Sunday. (c) Minimum Lot Size. The minimum lot size shall be ten thousand square feet. (d) Driveways. Drive-in and drive-through restaurants shall have double driveways in all instances and these driveways shall have space for at least six vehicles waiting for service. (e) Parking. A parking and vehicular circulation plan encompassing adjoining streets and alleys shall be submitted for review and appfoval by the Parking and Traffic Engineer prior to approval of a conditional use permit. (f) RefuSe Storage Area. A minimum of one outdoor trash receptacle shall be provided on-site adjacent to each" driveway exit. At least one additional on-site outdoor trash receptacle shall be prov:ided _for every ien required parking spaces. (g) Litter. Employees shall collect on-site and off-site litter including food rappers, containers, and packag!ng from restaurant products generated by customers within a radius of three hundred feet of the property at least once per business day. (h) Equipment. No ·noise-generating compressors or other such equipment shall be placed on or near the property line adjoining any residential district or any property used for residential uses. (i) Noise. Any drive-up or drive-through speaker system shall emit no more than fifty decibels four feet between the vehicle and the speaker and shall not be audible above daytime "ambient noise levels beyond the property bound:iries. The system shall be designed to compensate for ambient noise levels in the immediate area and shall not be located within thirty feet of any residential district or any property used for residential uses. U) Applicability to Restaurants Operating as of July 10, 1995. Any drive-in, drive-through, fast-food or take-~ut restaurant operating as of July 10, 1995 which is not otherwise subject to the hours of operation restrictions of subsection (b) above ("existing· drive-through'') shall be subject to the following hours of operation for the drive-uP window component: ( 1) Any existing drive-through which is located adjacent to or .separated by an -alley from any residentially zoned property, and which does not have a valid conditional use permit or -development review permit shall not operate its drive-up window between the hours of ten p.m. and seven a.m. unless and until a conditional use permit for such drive-up window operation is obtained. (2) Any existing drive-through which is located adjacent to or separated by an alley from any residentially zoned property which has a valid conditional use permit or development review permit issued prior to July 10, 1995, which permit authorized operation of the drive-up window between the hours of ten p.m. and seven a.m., shall cease (Santa Monica Supp. No. 54, 8~07) 492 operating its drive-up window during those hours as ofMay 1, 1998 unless and until a new conditional· use permit is obtained. (3) The conditional use permit required pursuant to this . subsection U) may authOrize the drive-up· window of an existing drive-through tO operate during specified hours between ten p.m. and seven a.m., if the findings contained in Santa Monica Mmiicipal Code Section 9.04.20.12.040(a) through U) are made. In granting a conditional use permit, the Planning Commission, or City Council on appeal, may impose such conditions as are necessary to insure that the authorized drive-up window operation is not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions. Except as provided above, the conditional use permit shall be processed substantially in accordance with Part 9.04.20.12.010 of the Municipal Code. (Prior code§ 9055.10; amended by Ord. No. 1819CCS § I, adopted 10/17/95; Ord. No. 1870CCS § 1, adopted 12/17/96; Ord. No. 2077CCS § 3, adopted 5-20-03) 9.04.14.100 Self-service storage warehouse. The purpose of this Section is to ensure that self-service storage warehouse operations, commonly known as "mini-warehouses," do nOt result in an adverse impact on adjacent properties by reason of parking demand, traffic generation, fire, or safety hazard, visual blight, or use indirectly supportive of illegal ·or criminal activity. The special conditions contained in this Section are intended to serve to differentiate self-service storage warehousing uses from more intensive wholesale or general V(arehousing uses, especially in regard to the differing parking requirements for these uses. The following special conditions shall apply to self-service storage warehouses: · · (a) Applicability. All self-storage warehouses shall comply with the property development standards for the district in which it is to be located and with this Section. The provisions of this Section shall apply to all new self-storage warehouse uses and to all existing facilities at such time as the storage. area of the existing business is expanded. (b) Business Activity. No business activity shall be conducted other than the rental of storage spaces for inactive storage Use. · · (c) Enclosure. All storage shall be fully enclosed within a building or buildings. (d) Hazardous Materials. No flammable or otherwise hazardous materials shall be stored on-site. (Prior. code § 9055.ll) 9.04.14.110 One story accessory buildings over fourteen· feet in height or two story -accessory buildings with a maximum height of twenty-four feet. The purpose of thi~ Section is to ensure that accessory buildings located in any residential district shall not adversely impact either adjacent parcels or the surrounding neighborhood, and shall be developed in a manner which protects the integrity ofthe district. The following conditions shall apply to single story accessory buildings:
Santa Monica Municipal Code 9.04.14.110 (a) Property Development Standards. The acces-sory building shall conform to all property development standards of the residential district in which the accessory building is ,located. (b) Minimum Lot Size. The minimum lot size shall be seven thousand five hundred square feet. (c) Maximum Building Height. The maximum building height shall be two stories, twenty-four feet in height. However, no accessory building shall be higher than the principal building. (d) Side Yard Setbacks. The accessory building shall have the same minimum side yard setback requirement as the principal building on the parcel, but in no case less than five feet. · (e) Rear Yard Setbacks. The accessory building shall have the same minimum rear yard setback require-ment as the principal building on the parcel. (f) Architectural Compatibility. The accessory building shall be architecturally compatible with the prin-cipal dwelling and the surrounding neighborhood and shall incorporate the same colors and materials as the main dwelling. (g) Maximum Size. No accessory building shall ex-ceed six hundred fifty square feet in size including the garage. (h) Kitchen. The accessory building shall contain no kitchen. . (i) Full Bath. The accessory building may contain a sink and toilet, but shall not contain a shower or tub enclo-sure. Where there is swimming pool or spa located on the premises, a shower which is located outside may be per-mitted. (j) Renting. No accessory building shall be rented for any purpose or otherwise used as a separate dwelling unit. (k) Deed Restriction. Prior to issuance of a building permit for any accessory building, a deed restriction in the form approved by the City shall be executed and recorded to ensure camp liance with this Section. . (Prior code§ 9055.12) 9.04.14.120 Off-site hazardous waste facility. The purpose of this Section is to ensure that Off-Site Hazardous Waste Facilities located in the CS District shall not adversely impact surrounding uses and shall be devel-oped in a manner which protects the integrity of the Dis-trict. The following special conditions shall apply to any new proposed Off-Site Hazardous Waste Facility, or the substantial remodel of an existing facility: (a) Compliance. Off-site hazardous waste facilities ·shall comply with all provisions of the Los Angeles County Hazardous Waste Management Plan and the State of California "Office of Permit Assistance Guidelines-Siting Specified Hazardous Waste Facilities-Implementation and Operation under AB 2948, Tanner." (b) Proximity to Populations. Facilities shall be lo-cated at least two thousand feet from any residential use; public assembly use, hospital, convalescent home, or school. (c) Flood Hazard. Facilities shall avoid locatingin flood plains, areas subject to tsunamis, seiches, aDd storm surges unless they are designed, constructed, operated, and maintained to prevent inundations. Facilities may be built in areas subject to one hundred year flooding if protected by engineered solutions, such as berms raising above the flood levels. (d) Seismic Activity. Facilities shall be located at least two hundred feet from a known active fault. (e) Discharge of Treated Effluent. Facilities must have adequate sewer capacity to accommodate the ex-pected wastewater discharge. (f) Groundwater. Facilities shall be located outside · the cone of depression created by pumping a well or well field ninety days unless an effective hydrogeologic barrier to vertical flow exists. 492a (Santa Monica Supp. No. 39, 11·03)
Santa Monica Municipal Code 9.04.14.120 (g) Transportation. Facilities shall be located where road networks leading to major transportation routes do not utilize local residential streets and residential frontages along highways. Facilities shall be lOcated such that any minor routes from-the major route to the facility are used primarily by trucks and the nwnber of nonindustrial structures (homes, hospitals, schools, etc.) is minimal. (Prior code § 9055.13; added by Ord. No. 1521CCS, adopted 5/8/90) 9.04.14.130 Automobile washing facilities. Any automobile washing facility authorized by this Section shall comply with the property development standards for the district in which it is to be located (including setback, height, etc.), and with the following additional standards: (a) Minimum Parcel Size •. Seven thousand five hundred square feet. (b) Setbacks. Unless otherwise approved by the Planning Commission, no building or structure for a self-service car wash shall be located within thirty feet of any public right-of-way or within twenty feet of any interior parcel line. (c) Canopies. Any canopy shall be at least five feet from any property line. (d) Walls. Automobile washing facilities shall be separated· from adjacent property other than street frontage by a masonry wall of not less than six and nor more than eight feet in height. If adjacent property is commercially developed and a solid wall already exists on the property line, the Planning Commission may modify or waive this requirement as necessary to achieve the purposes ofthis Section. Materials, texture, colors, and design of all walls shall be compatible with the desigo of the principal structures on the parcel and adjacent properties. No wall required to be erected and maintained by the provisions of this Section shall be constructed within five feet of a driveway entrance or vehicle accessway opening onto a street or alley which would obstruct a cross view of pedestrians on sidewalk, alley, or elsewhere, by motorists entering or exiting the parcel.-(e) Paving. The site shall be entirely paved, except for buildings and landscaping. (f) Landscaping. The site shall be landscaped pursuant to the following standards: (l) A minimum often percent ofthe site shall be landscaped, and shall include, at a minimum; a planting strip at least three feet wide along all interior parcel lines, non-driveway street frontages, and adjacent to buildings. Planters shall be surrounded by masonry or concrete curbs and so arranged as to preclude motor vehicles from driving across the sidewalk at locations other than access driveways. Pennanent opaque landscaping or benning shall be provided and maintained in the planters at a height of not less than three feet above the average adjacent grade. (2) A minimum of one hundred fifty square foot landscaped area shall be provided at the intersection of two property lines at a street corner. (3) All landscaped areas shall be properly maintained in a neat, orderly, and safe manner, pursuant to Subchapter 9 .04.1 0.02 of the Zoning Ordinance. Such landscaping and maintenance shall include, but not be limited to, the installation and use of an automatic irrigation system, pennanently and completely installed, which delivers water directly to all landscaped areas. 492-1 ( 4) All street trees shall be preserved or replaced where missing, as required by the City, and driveways and vehicle approaches shall be designed so as not to necessitate the removal of any existing ~treet trees. (5) Final landscaping desigo treatment shall be subject to review and approval by the Architectural Review Board, (g) Access and Circulation. Unless otherwiSe approved by the Parking and Traffic Engineer, no more than two driveways shall be permitted on any one street frontage. If one driveway the maximum width shall be thirty-five fee~ if two driveways the maximum width of each shall be thirty feet. Driveways shall be located as follows: (I) Unless otherwise approved by the Parking and Traffic Engineer, driveways shall not be located closer than fifty feet from a street intersection, fifteen feet from a residential property line or alley, nor as to otherwise interfere with the movement and safety of vehicUlar and pedestrian traffic. (2) All washing facilities shall be located within a building whiCh is enclosed except those openings necessary for vehicular and pedestrian access. Such openings shall not face any adjacent residentially zoned property. Access to the washing area shall not be located within fifty feet of a residentially zoned property. (h) Parking. Parking shall be provided in the following manner: (1 ). There shall be a minimum oftwo parking spaces for each washing stall, not including the stall, plus one space for each three hundred square feet ofretail·area. For facilities without defined stalls, the calculated minimum stall number shall be equal to one stall for each twenty linear feet of washing area lane. (2) The parkiilg area shall be landscaped and striped in conformance with Subchapter 9.04.10.02 of the Zoning Ordinance. · (3) Customer and employee parking shall not be utilized for automObile repair or storage of vehicles. Customer parking areas may be used for hand drying of vehicles. (4) No vehicle that will be or has been serviced may be parked on public streets, sidewalks, parkways, driveways, or _ alleys. (5) No vehicle may be parked on the premises for the purposes of offering it for sale unless the establishment has also been approved for automobile sales. (i) Restrooms. Except for self-service automobile washing facilities, each automobile washing facility shall provide a men's and women's restroom which are accessible to customers, including the physically disabled, duriog all hours the establishment is open to the public. Restrooms shall be attached to a structure on site with entrances or signage visible from the waiting area or cashier station, shall be maintained on a regular basis, and concealed from view of adjacent properties by planters Or decorative screening... · U) Telephones. At least one public telephone shall be provided at each automobile. washing facility. (k) Vending Machines. Coin-operated vending machines may be permitted within or abutting a structure for the purpose of dispensing items commonly found in automobile washing facilities, such as refreshments and maps. (Santa Monica Supp. No. 43, 12-04)
9.04.14.130 Santa Monica Municipal Code (1) Game Machines. Up to three arcade or game machines . or other coin-operated electronic machines shall be permitted if located within an enclosed building. (m) Location of Activities. All washing; vacuuming, waxing, macbine drying and related activities and operations shall be conducted entirely within an enclosed service building, except as follows: (l) Hand drying of vehicle. (2) The sale of items from vending machines placed next to the main building in a designated area which shall not exceed thirty-two square feet-and shall be screened from public view. (n) Refuse Storage and Disposal. A trash and recycling area shall be provided and screened on at leas~ three sides from public view by a solid opaque impact-resistant wall not less than five feet in height as required by Subchapter 9.04.10 of the Zouing Ordinance. (l) All trash and recycled materials shall be deposited in the trash area and the gates leading thereto shall be maintained in working order and shall remain closed except when in use. (2) Refuse bins shall be provided and placed in a location qonvenient for customers. (3) Trash· areas shall not be used for storage. The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable repair and appearance. No used or discarded automotive parts or equipment, or permanently disabled,junked, or wrecked vehicles may be stored outside the main building. (o) Utilities. All utilities shall be placed uoderground unless otherwise approved by the Environmental and Public Works Management Director. (p) Lighting. All lighting shall comply with the provisions of Subchapter 9.04.10.02 of the Zoning Ordinance. ( q) Operation of Facilities. The facility shall at all times be operated in a manner not detrimental to surrounding properties or residents. Site activities shall not produce or be reasonably anticipated to produce-any of the following: (1) Damage or nuisance from noise, smoke, odor, dust, or vibration. (2) Hazard'from explosion, contamination, or fire. (3) Hazard occasioned by the tmusual volume or character of traffic, or the congregating of a large number -of people or vehicles; (r) Hours of Operation. If located within one hundred feet of a residential district, operation of the establishment shall be prohibited prior to eight a.m. or after ten p.m. on weekdays, prior to nine a.m. or after ten p.m. on Saturdays, and prior to nine a.m. or after nine p.m. on Sundays. (s) Outdoor Loudspeakers. There shall be no outdoor loudspeakers or public address systems. (I) Security Plan. A security plan shall be developed by the applicant and approved by the Chief ofPolice prior. to issuance of a building permit. (u) Queuing of Vehicles. An on-site queuing plan for service customers shall be provided for the approval of the Parking and Traffic Engineer. On-site driveways may be used fur queuing, but rllay not interfere with access to required parking spaces. (v) Water Recycling. Recycling of water used for vehicle washing·shall be maximized. The Department of Environmental and Public Works Management shall approve recycling systems used at automobile washing facilities. (w) Air Quality. (l) · All mechanical ventilating equipment shall be directed to top story exhaust vents which face away from any adjacent residential properties. (2) Exhaust systems shall be equipped with appropriate and reasonably available control technology to minimize or eliminate noxious pollutants which would othenvise be emitted; (x) Noise. Ail operations at the site shall comply with the City's Noise Ordinance, as setforthinChapter4.l2 ofthis Code. (Added by Ord. No. l803CCS § 15, adopted 5/23/95) Subchapter 9.04.16 Condominiums Part 9.04.16.01 Condominiums Generally 9.04.16.01.010 Purpose. The purpose of this Subchapter is to establish development standards and special conditions for the protection of the community and purchasers or renters ofboth new and converted residential and commercial condominiums, community apartment. projects, and stock cooperatives, and the lessors of cooperative apartments, consistent with the goals, objectives, and policies of the General Plan. (Prior code § 9060.1; amended by Ord. No. 2l3lCCS § ll (part), adopted 7/27/04) 9.04.16.01.020 Applicability. All new or converted residential and commercial condominiwns, community apartment projects, stock cooperatives, and cooperative apartments for which a development application was deemed complete on or after March 7, 2000 shall require approval of a Design Compatibility Permit, in addition to compliance with Section 9.04.16.01.030 establishing additional minimum requirements for condominiuins and any and all requirements of Chapter 9.20 of this Article for preparation, review, and approval of a Subdivision Map. NotwithStanding the above, a Design Compatibility Permit shall not be required in the R2, R3, and R4 Districts. (Prior code § 9060.2; amended by Ord. No. 2053CCS § 2, adopted l0/8/02; Ord. No. 2l3lCCS § ll (part), adopted 7/27/04) 9.04.16.01.030 Minimum requirements. Except as otherwise provided by law, the following minimum requirements shall be imposed on any condominium project: (a) Residential Parking. Off-street parking shall be provided pursuant to standards for new construction in Part 9.04.10.08. Required off-street parking spaces shall be covered and located within the same structure as the dwelling units for which they are required and shall be included in the ownership of . each condominium unit. No off-street parking space required by this Section shall be sold, leased, or-otherwise transferred to the ~ontrol of any person or organization not an owner of one or more units within the project except that spaces may be rented to other owners within the project. (b) Non-Residential Parking. Off-street parking shall be provided in an amount not less than required for the use or uses in the project pursuant to standards for new construction in Part 9.04.!0.08. (Santa Monica Supp. No. 43, 12-04) 492-2
Santa Monica Municipal Code 9.04.16.01.030 (c) Yard and Height Requirements. All new condominium projects shall comply with property development standards for the district in which the condominium project is to be located-except that for projects requiring a Design Compatibility Permit, nothing in this Section shall be construed to prohibit the imposition of more restrictive requirements as a condition of approval by the Planning Commission, or City Council on appeal or review, when necessary to protect the public health, safety, or general welfare, based upon appropriate findings. (d) Covenants, Conditions, and Restrictions (CC & Rs). The Covenants, Conditions, and Restrictions (CC-& Rs) for the new or converting condominium project shall include an agreement by the subdivider that the following shall be guaraoteed by the subdivider: (1) Common area items,. including, but not limited to, the roof, plumbing, heating; air-conditioning, and electrical systems until one year elapses from the date of the sale of the "last individual unit sold. (2) Items provided or installed within individual units by the subdivider, including, but not limited to, appliances, fixtures, and facilities for a period of one year from the date of close of escrow of each individual unit. (3) Adequate provisions for maintenance, repair, and upkeep of common areas. ( 4) Provisions that in the event of destruction or abolishment, reconstruction shall be in accordance with codes in effect at the time of such reconstruction. (5) Provisions for dedication of land or establishment of easements for street widening_or other public purpose. (e) The CC & Rs shall provide that the non-subdivider owners have the right to select or change the management group or the homeowner association ninety days after sale or transfer of title of fifty-one percent of the uuits. The CC & Rs shall be reviewed by the Planning Commission, or City Council upon appea~ when the condominium project requires a Design Compatibility Permit and shall be reviewed by the City Attorney when no Design Compatibility Permit is required. The subdivider shall agree not to change the CC & Rs submitted to obtain City approval of anew or converting condominium project without the consent of the City Attorney, Planning Commission,-or City Council, as appropriate. -The CC & -Rs shall pi'ovide that subsequent owners agree to make no changes in ·the CC & Rs imposing restrictions on the age, race, national origin, handicap, sex, marital status or other similar restrictions of occupants, residents, or owners. · (f) Estimated Costs of Maintenance. The subdivider shall submit an estimate of, and guarantee for, the maintenance costs for a period of twelve months. beginning at the close of escrow on the first unit sold. The subdivider to be responsible for all costs of normal maintenance in excess of the estimate .. (g) No gas or electric meters shall-be located within the required front or street side yard setback areas. (h) Prior to the demolition of any existing structure, the applicant shall submit a report from an industrial hygienist to be reviewed and approved as to content and form by the Envirorunental and Public W arks Management/Ehvironmental Programs Division. The report shall consist of a hazardous materials survey for the structure proposed for demolition. The report shall include a section on asbestos and in accordance with the South CoastAQMD Rule 1403, the asbestos survey shall be perfonned by a state Certified Asbestos Consultant (CAC). The report -shall include a section on lead, which shall be performed by a state Certified Lead Inspector/Assessor. Additional hazardous materials to be considered by the industrial hygienist shall include: mercury (in thennostats, . switches, fluorescent light); polychlorinated biphenyls (PCBs) (including light Ballast), and fuels, pesticides, and batteries. (i) Sidewalks, curbs, gutters, paving aod driveways which need replacing or removal as a result of the project as determined · by the Department of Environmental and Public Works Management shall be reconstructed to the satisfaction of the Department of Environmental and Public W arks Management. Approval for this work shall be obtained from the Department of . Environmental and Public Works Management prior to issuance of the buildiog permits. (j) Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. Immediately after commencing dirt removal from the site, the general contractor shall provide the City of Santa Monica with written certification that all trucks leaving the site are covered in accordance with this condition of approval. (k) Street trees shall be maintained, relocated or provided in accordance with the City's Community Forest Management Plan 2000, per the specifications of the Open Space Management Division of the Community aod Chapter 7.40 of this Code (Tree Code). No street trees shall be removed without the approval of the Open Space Management Division. (1) A construction period mitigation plao shall be prepared by the applicant for approval by the Department ofEnvironmental and Public Works Management prior to issuance of a building permit. The approved mitigation plan shall be posted. on the site for the duration of the project construction and shall be produced upon request. As applicable, this plan.shall: (1) SpecifY the names, addresses, telephone numbers and _ business license numbers of all contractors and subcontractors as well as the developer and architect; (2) Describe how demolition of any existing structures is to be accomplished; (3) Indicate where any cranes are ·to be located for erection/construction; (4) Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction; (5) Set forth the extent aod nature of any pile-driving operations; ( 6) Describe the length aod number of aoy tiebacks which must extend under the property of other persons; (7) Specify the nature and extent of any dewatering and its effect on-any adjacent buildings;· (8) Descnbe anticipated constffiction-related truck routes, number of truck trips, hours of hauling and parking location; (9) Specify the nature and extent of any helicopter hauling; (10) State whether aoy construction activity beyond normally permitted hours is proposed; ~11) Describe any proposed construction noise mitigation measures; 492-3 (Santa Monica Supp. No. 43, 12-04)
9.04.16.01.030 Santa Monica Municipal Code (12) Describe constructionMperiodsecurityrneasures including any fencing, lighting, and ·security personnel; (13) Provide a drainage plan; (14) Provide a construction-period parking plan which shall minimize use of public streets for parking; (15) List a designated onMsite superintendent. (m) The developer shall prepare a notice, subject to the review by the Director of-Planning and Community Development, that lists all construction mitigation requirements and permitted hours of construction, and identifies a contact person at City Hall as well as the developer who will respond to complaints related to the proposed construction. The notice shall be mailed to property owners and residents within a three-hundred-foot radius from the subject site at least five days prior to the start of construction. (n) A sign. shall be posted on the property in a manner consistent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. This sign shall also indicate the hours of permissible construction work. ( o) ~arking areas and structures and other facilities generating wastewater with·significant oil and grease content are -required to pretreat these wastes before discharging to the City sewer or storm drain system. Pretreatment will require that a clarifier or oilfwater separator be installed and maintained on site. In cases where settleable solids are present (or expected) in greater amounts than floatable oil and grease, a clarifier unit will be required. In cases where the opposite waste characteristics are present, an oil/water separator with automatic oil draw-off will be required instead. The Environmental and Public Works Management Department will set specific requirements. Building Permit plans shall show the required installation. (p) If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall be contacted to conduct a survey 'of the affected area at project's owner's expense. A determination shall then be made by the Director of Planning to determine the significance of the survey findings and appropriate actions and requirements, if any, to address such · fmdings. ( q) A security gate shall be. provided across the opening to . the subterranean garage. If any guest parking space is located. in .. the subterranean garage, the security gate shall be equipped with an electronic or other system which will open the gate to provide visitors with vehicular access to the garage without leaving their vehicles. The security gate shall receive approval of the Police and Fire Departments prior to issmlnce of a building pennit. (Prior code§ 9060.3; amendedbyOrd. No. 2131CCS § 11 (part), adopted 7/27/04) Part 9.04.16.02 Condominium.Conversions 9.04.16.02.010 Condominium conversions. Except for Tenant Participating Conversions processed in conformance with Article XX of the City Charter, no condominium conversion shall be approved unless: (Santa Monica Supp. No. 43, 12-04) 492-4 (a) Removal of residential units from the rental market has been approved by the Rent Control Board through issuance of a certificate of exemption· or removal permit when required. (b) Tenants have been given a Tenant's Notice of Intent to Convert pursuant to the provisions of California Govemm.ent Code Section 66427.1 (Subdivision Map Act) prior to filing a Notice ofPendiog Application to Convert with the City Plimning Division, such notice to be given by the applicant and contain information as to tenants' rights under state and local regulations. (c) A Notice of Pending Application to Convert has been filed with the City Planning Division prior to the:: filing_ of a Tentative Subdivision Map and Conditional Use Permit Application. The notice shall include a copy of the Tenants' Notice ofintent to Convert and a Building Condition and History Report prepared by a Building Inspection Service or .similar agency acceptable to the Building Officer and Fire Marshal. The report shall contain such information set forth on fonns to be provided by the Director of Planning, including, but not limited to: date of construction, a list of all repairs and renovations to be made, an analysis of building conditions and any violations of housing, fire, or building codes, a listing of the proposed improvements to be carrie& out and an estimated time schedule,· the present rent schedule including type and length of tenancy, the estimated prices of the converted units, a copy of the proposed CC & Rs, and a Tenant Relocation Assistance Plan indicating the number of tenants interested in purchasing or relocating and specific plans for assisting in relocation oftenants. The subdivider shall furnish each prospective buyer with a copy of this Report together with the CC & Rs. (d) Within sixty days after the filing of a Notice of Pending Application to Convert the City Planning Division has prepared and delivered to the applicant a Conversion Report including a staff recommendation for approval or denial, a listing of conditions or requirements recommended as a basis for approval, and supportive reasons or justifications for such recommendations. No application for Tentative Subdivision Map or Conditional Use Pennit shall be accepted for filing prior to preparatiOn of a Conversion Report. (e) Tenants have been notified in wtiting of all public hearings in connection with an application for conversion and an tenants subsequent to. the initial notice of intent shall be notified in writing of the pending conversion prior to occupancy.· (f) The structural, electrical, fire, and life Safety systems of the structure either are, or are proposed to be prior to the sale of the units, in a condition of good repair and maintenance, including such alterations or repairs as are required by the Buildiog Officer. (g) The structure presently has, or is intended to have plumbing in sound condition, insulation of all water heaters, and where feasible, pipes for circulated hot water, individual gas and electrical meters,= except in such cases where individual metering is clearly inadvisable or impractical, adequate and protected trash_ areas, aild such other requirements as may be imposed as a condition of approval. (h) Written notice of not less than one year from the date of tentative approval bas been given to all residential tenants to locate alternative housing.
Santa Monica Municipal Code 9.04.16.02.010 (i) For residential conversions, the Planning Commission, or City Council on appeal or review, determines that: (l) The conversion is consistent with the Ge.p_eral Plan. (2) The vacancy factor of rental housing units in the City has exceeded five percent of the total rental housing inventory for a period of ninety days prior to the date of approval. In calculating the vacancy factor, the Commission, or the City Council on appeal, shall consider the best available data, including, but not limited to, studies by State and City ~gencies including the Rent Control Board and data compiled by the Southem California Association of Governments. Existing rental units may be approved for conversion regardless of the vacancy factor where the Commission determines that a new rental unit has or will b6 added to the City's housing inventmy for each rental unit removed through _conversion. (3) The subdivider has complieo with such other requirements or conditions as the Planning Commission, or City Council on appeal; shall believe necessary or appropriate. (j) No conversion of rental units to market-rate condominiums or cooperatives shall be permitted until the rental units demolished or converted in 1978 and 1979 are replaced. (Prior code§ 9061.1) 9.04.16.02.020 Office, commercial, and industrial condominiums. [Reserved for Future Use.] Subchapter 9.04.18 Nonconforming Buildings and Uses 9.04.18.010 Purpose. (a) This Subchapter provides for the orderly termination of nonconforming buildings and uses in order to promote the public health, safety, and general welfare and to bring such buildings and uses into conformity with the goals, objectives, and policies of the General Plan. (b) This Subchapter limits the expansion of nonconforming uses and buildings, establishes the circumstances under which they may be continued, and provides for the coiTection or removal of such uses and buildings. (c) Nonconforming uses within the City are detrimental to the orderly development of the City and are detrimental to the health, safety, peace, comfort, and general welfare of persons and property within the City. (d) Nonconforming uses shall be eliminated as rapidly as possible without infringing upon the constitutional rights of the owners of nonconforming properties. (Prior code § 9080.1) 9.04.18.020 Legal, nonconforming buildings. A legal, nonconforming building is a structure which lawfully existed on the effective date of the ordinance codified in this Chapter but which does not comply with one or more of the property development standards for the district in which it is located. A legal, nonconforming building may be maintained as follows: (a) Repairs and Alterations. 493 (1) Repairs and alterations may be made to nonconforming residential buildings in Rl and multifamily districts. (2) Repairs and alterations may be made to nonconforming commercial or industrial buildings provided there is no expansion or increase in the square footage of the existing building. (3) Changes to interior pmiitions or other nonstructural improvements and repairs may be made to a nonconforming commercial or industrial building but the cost of improvement and repair shall not exceed one~ half the replacement cost of the nonconforming building over any five~ year period. ( 4) The replacement cost shall be determined at the time of building permit application by the Building Officer, whose decision may be appealed to the Building and Fire Life Safety Commission, (b) Additions and Enlargements. An addition to or enlargement of a nonconforming building shall be permitted if the addition or enlargement is made to conform to all the regulations of the district in which it is located, except that: (1) A building not conforming as to height regulations may be added to or enlarged, provided such addition or enlargement conforms to all of the regulations of the distl·ict in which it is located, including the total floor area permitted on the parceL (2) A residential building lacking sufficient parking space as required by Pmt 9.04.10.08 may be added to or enlarged provided additional parking spaces are supplied to meet the requirements of Part 9.04. 10.08 for the new addition. Additional parking shaH be required for the addition of bedrooms. (3) A commercial or industrial building lacking sufficient parking spaces as required by Part 9.04, 10.08 may be added to or enlarged provided that additional parking spaces are supplied to meet the requirements of Part 9.04.10.08 for the addition or enlargement, and provided that no single or cumulative addition or enlargement exceeds twenty..:five percent of the floor area of the building existing on the effective date of the ordinance codified in this Chapter. ( 4) A commercial or industrial building lacking sufficient parking spaces as required by Part 9.04.!0.08 may be added to or enlarged beyond twenty-five percent of the floor area of the building existing on the effective date of the ordinance codified in this Chapter, provided additional parking spaces are supplied to meet the requirements of Part 9.04.10.08 for the floor area of the entire building. (c) Replacing Nonconforming Features or Portions of Buildings. Nonconfonning features or portions of buildings that are removed shall not be replaced unless they conform to the provisions of this Chapter. Notwithstanding this requirement, nonconforming architectural features which have been removed from any existing building which is designated as a City of Santa Monica landmark, or listed on either the California Register· of Historical Resources or the National Register of Historic Places may be replaced if the Landmarks Commission determines that such feature contributes to the building's historic architectural integrity and that the reconstruction conforms to the Secretary of Interior's (Santa Monica Supp. No. 71, 2-12)
9.04.18.020 Santa Monica Municipal Code Standards for Rehabilitation. Landmarks Commission review of such reconstruction shall be processed generally in accordance with the procedures for processing applications for Certificates of Appropriateness contained in Santa Monica Municipal Code Section 9.36.170. Any project subject to Landmarks Commission review under this subsection shall not require additional review by the Architectural Review Board. The determination of the Landmarks Commission under this Section shall be appealable to the City Council. (d) Moving. No nonconforming building shall be moved in whole or in part to any other location on the parcel unless every portion of the building is made to conform to all of the regulations of the district in which it is located. (e) Restoring. A nonconforming' building which is damaged or destroyed to an extent of less than one-half of its replacement cost immediately prior to such damage may be restored to its original condition only if the restoration is commenced within one year of the date the damage occurs and is diligently completed. (f) Rebuilding. A nonconforming building which is damaged or destroyed to an extent of one-half or niore of its replacement cost immediately prior to such damage may not be restored to its nonconforming condition but must be made to conform to the provisions of this Chapter. A designated landmark structure or historically significant building identified in the Historic Resources Survey as a category 1 through 5 structure which is damaged or destroyed may be rebuilt if the building is rebuilt to its square footage, site orientation and height and setbacks that existed· prior to the destruction. (Prior code § 9080.2; amended by Ord. No. 1645CCS § 4, adopted 9/22/92; Ord. No. 1889CCS, adopted 1 0/28/97; Ord. No. 2380CCS § 10, adopted 11/22/11) (Santa Monica Supp. No. 71, 2*12) 494
Santa Monica Municipal Code 9.04.18.030 9.04.18.030 Legal, nonconforming uses. A legal nonconforming use is a use which lawfully existed on the effective date of the ordinance codified in this Chapter but which is either: (a) not now permitted in the district in which it is located; or (b) now permitted by a performance standards permit, use permit or conditional use permit but no such permits have been obtained. A legal, nonconforming use shall comply with the following provisions: (a) Change of Ownership. A change of ownership, tenancy, or management of a nonconforming use shall not affect its status as a legal, nonconforming use. (b) Abandonment. If a legal, nonconforming use ceases operation for a continuous period of one year or more, that use shall lose its legal, nonconforming status, and the premises on which the nonconforming use took place shall from then on be used for conforming uses only. Uses in a building undergoing restoration or reconstructiOn shall be exempt from this· requirement provided the provisions of Section 9.04.18.020(e) are complied with. Uses discontinued due to an act of nature shall be exempt from this requirement provided reconstruction of the building is commenced within one year of the date the damage occurs and is diligently completed. (c) Conversion to Conforming Use. If a nonconforming use is convetied to a conforming use, the nonconforming use may not be resumed. (d) Expansion of Nonconforming Use. A nonconforming use of a building or portion of a building that conforms to the development standards of this Chapter shall neither be expanded into any other portion of the building nor changed except to a conforming use. The nonconforming use of land shall not be expanded or extended in area. (e) Intensification of Uses. A nonconforming use shall not be permitted to change in mode or character of operation. A change in mode or character shall include, but not be limited to, extended hours of operation, substantial remodeling, or a change in number ·of seats or the service area floor space for bars and restaurants. (f) Legal, Nonconforming Re"nt-Co.ntrolled Multiple-Family Properties. Notwithstanding subsection (d), existing multi-family residential units in the Rl Single ,Family Residential District that are presently controlled by Alticle XVIII of the City Chatter may be expanded in area provided such expansion complies with all other applicable Code provisions, including those governing height, number of stories, setbacks, stepbacks, parcel coverage and off-street parking (unless the City's Parking and Traffic Engineer determines that the provision of parking is not feasible), and the number of housing units on the multi-family residential property does not increase. (Prior code§ 9080.3; amended by Ord. No. 1732CCS § 4,.adopted 3/8/94; Ord. No. 1911CCS § 1, adopted 5/19/98; Ord. No. 2392CCS § 1, adopted 2/28/12) 9.04.18.040 Termination of nonconforming buildings and uses~ Nonconforming commercial or industrial buildings and uses in the R1, R2, R2R, R3, R4, RVC, OP-1, OP-2, OP-3, OP-4 and OP-Duplex Districts shall be discontinued and removed or altered to conform to the provisions of this 495 Chapter within the following time limits from the effective date of the ordinance codified in this Chapter: (a) A nonconforming .use which does not occupy a structure, other than those uses listed below: one year. (b) All buildings on the properly used as a part of a business conducted on the property, except as provided below: twenty years. This subsection does not require the removal of nonconforming buildings if the use occupying the building is authorized in the zoning district or overlay district in which the building is located, either as a permitted use, a conditionally permitted use, a use subject to a performance standards permit, or a use subject to a use permit. (c) Vehicle sales, service, storage and repair buildings and uses shall be pennitted to remain provided: ( 1) The vehicle sales, service, repair and storage buildings are not expanded as provided in Section 9.04.18.020 and the use is not intensified as provided in Section 9.04.18.030, (2) The commercial parcel supported by the vehicle sales, service, repair and storage buildings. is not redeveloped for another use. (d) Automobile storage lots which are used for short or long-term parking of vehicles for sale or lease at an off-site or on-site automobile dealership or for service or repair at an on-site automobile dealership shall be permitted to remain provided: (1) The automobile storage lot is not expanded or enlarged. (2) The commercial parcel supported by the automobile storage lot is not redeveloped for another use. (e) Parking lots on residential zoned parcels shall be permitted to remain provided: (1) The commercial parcel supp01ted by the residential parking lot is not redeveloped for anOther use. (2) The lot remains as a surface level parking lot. (3) The use or uses existing on the commercial parcel supported by the residential parking lot do· not change. For purposes of this requirement, a change of use shall be defmed as any new use which requires more intense parking standards than exists on the effective date of the ordinance codified in this Chapter. ( 4) The square footage of the existing commercial building on the commercial parcel is not added to or enlarged beyond fifty percent of the floor area existing on the effective date of this Chapter. (5) The required parking for any new addition or expansion under fifty percent is not located on the residentially zoned parking lot. A parking lot on a residentially zoned parcel shall revert to residential use when one or more of the above conditions are not met. (f) Existing commercial or industrial uses in residential districts with valid conditional use permits that do not contain time limits, except as otherwise provided in this Section, including subsection (i): five years. The Planning Commission may extend the five-year period, but in no case more than ten years, provided the applicant demonstrates that exceptional circumstances prevented the termination of the use. A public hearing shall be (Santa Monica Supp. No. 72, 5-12)
9.04.18.040 Santa Monica Municipal Code condvcted in accordance with the provisions for conditional use permits in Pmt 9.04.20.22. (g) Existing general office, medical office and . neighborhood-serving buildings and uses in existence as of 1982 shall be allowed to remain provided the building is not expanded as provided in Section 9.04.18.020 and the use is not intensified as provided in Section 9.04.18.030. (h) Notwithstanding any other provision of this Section, if a, conditional use petmit 01; a use permit for an existing commercial or industrial use in a residential district has a specific time period that such conditional use tetminates, the use shall terminate pursuant to the permit and not this Section. A limited duration conditional use permit or use permit may be extended or renewed, whether or not the conditional use permit or use permit has already expired, upon a showing that: (1) The use has been in continuous operation since the effective date of the Zoning Ordinance (September 8, 1988); (2) There will be no change, expansion-or intensification of the 'use; and (3) All the findings of fact established in Section 9.04.20.12.040 (conditional use pennit) or Section 9.04.20.11.040 (use permit) can be made in an affirmative manner. Before extending or renewing a conditional use permit or use permit, a public hearing shall be conducted in accordance with Pmt 9.04.20.22. The Planning Commission (or City Council on appeal) may approve, conditionally approve, or deny such an extension or renewal application, in whole or in part. The Planning Commission (or City Council on appeal) may impose such conditions as. may be deemed necessary to protect the public health, safety, and geneml welfare and secure the objectives of the General Plan, including conditions designed to insure compatibility of the existing commercial or industrial use with neighboring residential uses. Notwithstanding the granting of an extension or renewal of a conditional use permit or use permit, the commercial or industrial use shall remain a legal nonconforming use subject to Section 9.04.18.030, and as a nonconforming use, it shall be permitted to continue only so long as the use remains substantially the same type of use as the use of the property on the effective date of the Zoning Ordinance and the basic operational features ofthe use and its impact on the neighborhood are not altered. (i) Commercial and industrial uses that would otherwise terminate pursuant to subsection (f) of this Section shall be permitted to remain and are not required to be discontinued, removed, or altered to conform to the provisions of this Chapter provided all of the following conditions are met: (1) The building in which the uses are located has been in existence since the effective date of this Chapter (September 8, 1988); (2) The building was specifically designed, approved and built for the c·ommercial or industrial use(s); (3) The building is not demolished or substantially remodeled; ( 4) The prope1ty on which the building is located is adjacent to, or across an alley fmm, a commercial district; (5) There will be no change, expansion, or intensification of the use; and (Santa MonicaSupp. No. 72, 5-12) 496 ( 6) The conditional use permit has been extended in accordance with this subdivision (6). Before extending a conditional use permit, a public hearing shall be conducted in accordance with Part 9.04.20.22. The findings of fact established in Section 9.04.20.12.040 (b) through (l) shall be made in an affinnative manner. The Planning Commission (or City Council on appeal) may approve, conditionally approve or deny such an extension application, in whole or in part. The Planning Commission (or City Council on appeal) may impose such conditions as may be deemed necessary to protect the public health, safety, and general welfare and secure the objectives ofthe General Plan, including conditions designed to insure compatibility of the existing commercial or industrial · use with neighboring residential uses. Notwithstanding the granting of an extension of a conditional use permit, the commercial or industrial use shall remain a legal nonconforming use subject to Section 9.04.18.030, and as a nonconforming use, it shall be permitted to continue only so long as the use remains substantially the same type of use as the use of the property on the effective date of the Zoning Ordinance and the basic operational features of the use and its impact on the neighborhood are not altered. · U) Notwithstanding subsection 9.04.18.040(b), a hotel or motel located on a residentially-zoned parcel within the OP-3 Zone shall be permitted to remain provided that it meets one of the two criteria in subdivision (1) of this subsection and meets the critelion in subdivision (2) ofthis subsection: (I) The hotel or motel either: (A) has been in continuous operation since September 1988; or (B) the hotel or motel was authorized pursuant to an adminish·ative approval, development review permit, conditional use permit or development agreement approVal and is being operated in compliance with such approval; and (2) Such hotel or motel is not abandoned as provided in Section 9.04.18.030(b), is not expanded as provided in Section 9.04.18.030(d) and is not intensified as provided in Section 9.04.18.030(e). (Prior code§ 9080.4; amended by Ord. No. l832CCS § 2, adopted ll/28/95; Ord. No. l9liCCS § 2, adopted 5/19/98; amended by Ord. No. 2013CCS § 1, adopted 7/24/01; Ord. No. 2168CCS § I, adopted 91!3/05; Ord. No. 2181 CCS § l, adopted 4/25/06) · 9.04.18.050 Public utility exceptions. Nothing contained in this subchapter shall be construed or implied so as to require the removal of governmental or public utility buildings, structures, equipment, or facilities provided that there is not a change of use nor enlargement of the land area devoted to the use. (Prior code § 9080.5) 9.04.18.060 Building permits or certificates of occupancy prohibited. When any nonconforming building or use is required to be eliminated pursuant to the provisions of this subchapter, no building permit or certificate of occupancy shall thereafter be issued for further continuance, alteration, or expansion ofthe nonconforming building or use. The issuance of the permit or certificate in error shall not be construed to allow the
Santa Monica Municipal Code 9.04.18.060 continuation of the nonconfmming building or use. (Prior code § 9080.6) 9.04.18.070 Removal of illegal nonconforming buildings and uses. Nothing contained in this subchapter shall be construed or implied so as to allow for the continuation of illegal nonconforming -buildings and uses. These uses shall be removed immediately upon notification the Zoning Administnitor. (Prior code§ 9080.7) 9.04.18.075 Rent control bootleg units. (a) A rental unit registered With the Santa Monica Rent Control Board which was built or created without City planning or building permits shall not be required to meet the setback and density requirements of the City's Zoning Ordinance if the unit is or can be made habitable as determined by the City's Building Official. (b) A rental unit exempt from setback and density requirements pursuant to subsection (a) of this Section shall be required to provide parking for the unit pursuant to Santa Monica Municipal Code Section 9.04.10.08.040 unless the City's Parking and Traffic Engineer determines that the provision of parking is not feasible. Parking which would result in a significant reduction in yard space is not feasible. The location of any feasible parking shall comply with the City's Municipal Code except the City's Parking and Traffic Engineer may authorize a reduction in parking space dimensions so long as the space remains accessible and safe. (c) A rental unit that meets the requirements of this Section shall be considered a legal, non~conforming unit. (Added by Ord. No. 2253CCS § I, adopted 2/26/08) 9.04.18.080 Continuation of nonconforming uses. No person shall occupy any nonconforming building and no person shall continue any nonconforming use except as provided for in this subchapter. (Prior code § 9080.8) 9.04.18.085 Substantial remodel. (a) An existing nonconforming building that constitutes a substantial remodel pursuant to Section 9.04.02.030.825 shall lose any legal, nonconforming status which it may have had and may only be replaced or rebuilt if the entire structure is made to comply with all cun-ent, applicable Zoning Code requirements. (b) An alteration of or addition to an existing legal nonconforming building shall constitute a substantial remodel if any of the following occurs at any time over a five~ year period: (1) More than fifty percent of the exterior walls are removed or are no longer a necessary and integral stl·uctural component of the overall building. Elements of the exterior wall include columns, studs, cripple walls, or similar vettical load-bearing elements and associated footings. However, existing exterior walls suppmting a roof that is being modified to accommodate anew floor level or roofline shall continue to be considered necessary and integral structural components, provided the existing wall elements remain in place and 496-1 pi'ovide necessary structural support to the building upon completion of the roofline modifications. The calculation for determining whether a structure is substantially remodeled shall be based on a horizontal measurement of the perimeter exterior wall removed between the structure's footings and the ceiling of the first story, as defined in Chapter 8.12 of the Santa Monica Municipal Code. (2) In commercial or industrial buildings not principally suppmted by exterior bearing walls, more than fifty percent of the principal support structure including columns, structural frames and other similar primary structural elements, is removed or no longer a necessary and integral stmctural component of the overall building. (3) New floor area is added to a commercial or industrial building that exceeds fifty percent of the existing floor area of the building. (c) Notwithstanding subsection (b) of this Section, an existing nonconforming building shall not lose its legal nonconforming status if: · (1) The existing building is a historic resource including, but not limited to, structures listed on the City's Historic Resources Inventory that have been updated in the last five years, provided the alteration or addition conforms with the Secretary of the Interior.'s Standards for Rehabilitation and Illustrated Guidelines for Rehabilitating Historic BuildingS. (2) The existing building is commercial or industrial and is altered in accordance with all of the following criteria: (A) The alterations only involve the ~eplacement of the footings, cripple walls, stem walls, or similar stmctural components between the structure's footings and the finished floor of the first stmy as defined in Chapter 8.12 of the Santa Monica Municipal Code; (B) The alterations are only undertaken to the minimum extent necessary to maintain a safe structure; (C) The existing exterior wall elements or principal support structure remain in place at all times and provide necessary structural supp01t to the building upon completion of the alterations; (D) No new floor area is added. ·(3) The existing building is residential and is altered or added to in accordance with all of the following criteria: (A) The alterations or additions to the existing residential building include the replacement of the footings, cripple walls, stem walls, or similar structural components between the structure's footings and the finished floor of the first story as defined in Chapter 8.12 ofthe Santa Monica Municipal Code; (B) The existing first stmy exterior wall elements remain in place at all times and provide necessary structural support to the building upon completion of the alteration or addition. (Added by Ord. No. 2278CCS § 2, adopted 11/25/08) Subchapter 9.04.20 Zoning Administration Part 9.04.20.02 General Provisions 9.04.20.02.0.10 Purpose. The role of the Zoning Administrator is to issue land use permits that are minor in nature and which customarily result (Santa Monica Supp. No. 72, 5~12)
9.04.20.02.010 Santa Monica Municipal Code in an activity of generally little public controversy and adverse impact. The Zoning Administrator provides the City with an opp01tunity to exercise administrative discretion, adopt specific findings of fact to support the resulting decision, and to require specific conditions where warranted to ensure that the requested activity or project is conducted or constructed in a manner consistent with the goals, objectives, and pqlicies of the General Plan. (Prior code§ 91 00.1) 9.04.20.02.020 Authority. The Zoning Administrator shall have jurisdiction of and be responsible for the administration of the regulations and provisions of this Chapter. The Zoning Administrator shall have the power and authority to hear, and the respOnsibility to decide the following matters: (a) Interpretations. (b) Home occupation permits. (c) Temporary use permits. (d) Performance standards permits. (e) Variances. (f) Reduced parking permits. (g) Administrative approvals. (Prior code § 9100.2) 9.04.20.02.030 Interpretations. Whenever, in the opinion of the Zoning Administrator, or at the discretion of the Planning Commission, there is any question regarding the interpi·etation of the General Plan or the provisions of this Chapter or its application to any specific case or situation, the Administrator shall interpret the intent of this Chapter by written decision which shall be filed with the Planning Commission. The interpretation shall become effective fourteen consecutive calendar days from the date of the Planning Commission meeting where the interpretation appears on the agenda as an information item. The interpretation shall become the standard interpretation for future application of that provision of this Chapter unless changed by the Commission by its own action or on appeal. Any person may appeal the interpretation of the Zoning Administrator prior to the effective date. The appeal shall be heard. by the, Planning Commission within sixty consecutive calendar days and the Planning Commission may affirm, modify, or reverse the interpretation of the Zoning Adrhinish'ator. The decisiOn of-the Planning Commission may be appealed to the City Council in accordance with the provisions of Patt 9.04.20.24. (Prior code § 91 00.3) Part 9.0,4.20.04 Home Occupation Permits 9.04.20.04.010 Purpose. The home occupation permit is intended to allow for home enterprises which are clearly incidental and secondary to the use of the dwelling unit and compatible with surrounding residential uses. A home occupation permit allows for the gainful employment in the home by any occupant of a dwelling so long as the enterprise does not require frequent customer access or have associated characteristics which would reduce the surrounding residents' enjoyment of their (Santa Monica Supp. No. 72, 5-12) neighborhood. (Prior code§ 9110.1; amended by Ord. No. 1732CCS § 5, adopted 3/8/94) 9.04.20.04.020 Permit required. (a) The conduct of a home occupation requires the approval of a home occupation permit by the Zoning Administrator. Conditions_ of approval of the permit shall require compliance with the operating standards listed in this Part and with any other additional conditions necessmy to further the intent of this Part. A public hearing shall not be required for issuance of a home occupation permit. (b) An application for a hoii,Le occupation pennit shall be in a fmm prescribed by the Zoning Administrator and shall be filed with the Planning and Zoning Division pursuant to Part 9.04.20.20, Sections 9.04.20.20.010 through 9.04.20.20.060. A home occupation permit shall remain valid only so long as the home occupation is conducted by the petmit holder at the dwelling unit approved for the home occupation. (Prior code § 9110.2; amended by Ord. No. 1732CCS § 6, adopted 3/8/94) 9.04.20.04.030 Findings. The Zoning Administrator may approve a home occupation permit application only when all of the following findings can be made and satisfied in an affirmative manner: (a) The home occupation shall be conducted entirely within a dwelling or accessmy building. Horticulture activities only may be conducted outdoors but within the rear one-half of the parcel. (b) ·No portion of any required garage, or carport, shall be used for home occupation purposes. (c) The home occupation shalt not alter the appearance of the dwelling unit such that the structure may be recognized as serving a nonresidential use (either by col-496-2
,.,. ··-Santa Monica Municipal Code 9.04.20.04.030 or, materials or construction, lighting, signs, sounds or noises,-vibrati.ons, etc.). . · (d) There shall be no sales of goods or displays of goods on the premises. (e) There shall be no signs other than the address and name of any resident. . (f) There shall be no outdoor advertising which iden-tifies the home occupation by street address. (g) No commercial vehicles may be used for delivery of materials, with the exception of reasonable courier services, to or from the premises, and no more than one vehicle larger than a three-quarter ton truck may be used in connection with a home occupation. (h) Parking for any vehicle used in connection with the home occupation shall be provided in addition to parking required for residents. . (i) Activities conducted and equipment, material or hazardous materials used shall be identified on the home occupation permit application and shall not change the fire safety or occupancy classifications of the premises. G) No use shall create or cause hazards or nuisances due to noise, dust, vibration, odors, smoke, glare, electri~ cal interference, or other reasons. (k) No employees other than residents of the dwell-ing unit shall be allowed to work, gather or congregate on the premises in connection with a home occupation with the exception of babysitters or domestic. staff. (I) Where the person conducting the home occupa-tion serves as an agent or intermediary between outside suppliers and outside customers, all articles, except for samples, shall be received, stored, and sold directly to customers at an off-premises location. ( m) There shall be no storage of material or mechani-cal equipment not recognized as being part of a normal household or hobby use. (n) There shall be no excessive or unsightly storage of materials or supplies indoors or outdoors for purposes . other than those permitted in the residential district in which it is located. ( o) The home occupation shall not generate pedestri-an or vehiclliar traffic beyond that ordinarily generated in the residential district in which it is located. (p) The home occupation shall not result in excess use of utilities and public facilities in amounts greater than normally provided for residential use. ( q) The home occupation permit shall be valid only for the person to whom it is issued and Shall be void when that person moves from the dwelling unit or dis-continues the business. (r) The applicant agrees in writing to all conditions. The Zoning Administrator shall prepare a written deci-sion within fourteen consecutive calendar days of a com-plete application being filed. The written determination shall contain the findings of fact upnn which said deci-sion is based. A copy of the decision shall be mailed to the applicant. (Prior code § 9110.3) 9.04.20.04.040 Prohibited home occupation uses. · The following uses shall not be permitted as home occupations: · 497 (a) Animal hospitals or grooming facilities. (b) Automotive and other vehicle repair (body or mechanical), upholstery, painting or storage . (c) Barber or beauty shop. (d) Carpentry or cabinet making. (e) Contractor storage yards. (f) Dancing schools or exercise studios. (g) Firearms dealerships. (h) Junk yards. (i) Massage parlors. G) Medical offices, clinics and laboratories, except for psychologists, speech therapists, and other profession-als with one-on-one counseling, therapy, or treatment that do not exceed six clients within twenty-four hours. (k) Welding or machine operation. (I) Other uses the Zoning Administrator determines to be similar to those listed above, or which by operation or nature are not incidental to or compatible with resi-dential activities. (Prior code § 9110.4; amended by Ord. No. 1852CCS § 21, adopted 6/11/96) 9.04.20.04.050 Revocation. The Zoning Administrator may, or upon direction from the Planning Commissior. shall, revoke any ap-proved home occupation permit in accordance With the following procedures: (a) A revocation hearing shall be held by the Zoning Administrator. Notice of the hearing shall be published once in a newspaper of general circulation withjn the City and shall be served either in person or by registered mail on the owner of the property and on the permit holder at least ten days prior to ~uch hearing. The notice of hearing shall contain a statement of the specific rea-sons for revocation. (b) After the hearing, a home occupation permit may be revoked by the Zoning Administrator, or by the Plan-ning Commission on appeal or review, if any one of the -following findings are made: (1) That the home occupation permit was obtained by misrepresentation or fraud. (2) That the use for which the home occupation permit was granted has ceased or has been suspended for six or more consecutive calendar months. (3) That the conditions of the permit have not been met, or the permit granted is being or has recently been exercised contrary to the terms of the approval or in violation of a specific statute, ordinance, law or regula-tion. ( 4) That the permit authorizes a person to sell, transfer, or lease, or offer or advertise for sale, transfer or lease any firearm in any' residential district or in any property utilized for any residential use. (5) That the permit is no longer compatible with residential activities, or, due to changes in law, that the use is no longer authorized at that location. (c) A written determination of revocation of a home occupation permit shall be mailed to the property owner and the permit holder within ten days of such determina-tion. (Prior code § 9110.5; amended by Ord. No. 1852CCS § 22, adopted 6/11/96) · (Santa Monica ~96)
-9.04.20.04.060 Santa Monica Municipal Code 9.04.20.04.060 Appeal. Any person may appeal the approval, conditions of approval, denial, or revocation of a home occupation per-mit to the Planning Commission if filed within fourteen consecutive calendar days of the date the decision is made in the manner provided in Part 9.04.20.24, Sections 9.04.20.24.020 through 9.04.20.24.040. (Prior code § 9110.6) Part 9.04.20.06 Temporary Use Permits 9.04.20.06.010 Purpose. The temporary use permit is intended to allow for the short-term placement (generally six months or less) of activities on privately or publicly owned property with appropriate regulations so that such activities will be compatible with the surrounding areas. (Prior code § 9111.1) 9.04.20.06.020 Permitted uses. The following uses may be permitted, subject to the issuance of a temporary use permit: (a) Pumpkins, Christmas trees, and other seasonal product sales provided the activity shall be pemutted for a period not to exceed thirty consecutive calendar days. A permit shall not be required when the sales are in con-junction with an established commercial business holding a valid City business license. (b) Trailers that provide residences for the following temporary uses: (1) Security personnel associated with any construc-tion site. (c) Trailers that provide offices for the following temporary uses: (1) Financial institutions or public utilities that are required to maintain a place of business at a location at which no permanent structure suitable for the purpose is available. (2) Temporary or seasonal businesses such as cari1i · vals or Christmas tree sales.-No permit shall be required for such uses operated as part of a school or place of worship. (3) Business offices or sales facilities where construc-tion of a permanent facility is being diligently completed. ( 4) Construction offices where construction projects are being diligently completed. (5) Real estate offices on site of a proposed subdivi-sion until such time as the notice of completion is filed with the Building Department. (d) Circuses and carnivals subject to compliance with Article 6 of this Code. (e) Art displays under the sponsorship of any recog-nized art organization or accredited school on any park-ing lot in any commercial or industrial district provided that the art display is on a Saturday, Sunday, or holiday when the place or places of business which have control of the parking lot are not open for business on the day the art display is to occur. (f) Fairs, festivals, and concerts, when not held within premises designed to accommodate such events, (Santa Monica 8·96) 498 such as auditoriums, stadiums, or other public assembly facilities. (g) Private farmer's markets and swap meets. (h) On-and off-site contractors' construction yards. (i) Sidewalk sales. (j) Similar temporary uses which, in the opinion of the Zoning Administrator, are compatible with the dis-trict and surrounding land uses. (Prior code § 9111.2) 9.04.20.06.030 Permit required. (a) A temporary use permit approved by the Zoning Administrator shall be required for all uses listed in this Part and shall be issued prior to the commencement of the use. The Zoning Administrator may establish addi-tional conditions to further the intent of this Part. A pub· lie hearing shall not be required for issuance of a tempo-rary use permit. Applications for a temporary use permit shall be secured and filed with the Planning and Zoning Division pursuant to Part 9.04.20.20, Sections 9.04.20.20.010 through 9.04.20.20.060. (b) A temporary use permit issued for a maximum period of forty-five days shall become effective on the date the permit is approved by the Zoning Administrator. Temporary use permits issued for periods that exceed forty-five days shall become effective seven calendar days from the date the Zoning Administrator issues the deter-mination. (c) A temporary use permit shall not be required for the following: (1) Events which occur in theaters, meeting halls, or other permanent public assembly facilities. (2) Private social gatherings in private residences. (3) . Events which occur on public property owned by the City of Santa Monica and which are authorized by the City of Santa Monica. (d) Temporary uses may be subject to additional permits, other City department approvals, licenses, and inspections as required by any applicable law or regula-tions. (Prior code § 9111.3; amended by Ord. No. 1732CCS § 7, adopted 3/8/94) 9.04.20.06.040 Findings. The Zoning Administrator may approve a temporary use permit application only when all of the following findings can be made in an affirmative manner: (a) The operation of the requested use at the loca-tion proposed and within the time period specified will not jeopardize, endanger, or otherwise constitute a men-ace to the public health, safety, or general welfare. · (b) The proposed site is adequate in size and shape to accommodate the temporary use without material detriment tc the use and enjoyment of other properties located adjacent to and in the vicinity of the site. (c) The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably generate. (d) Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be avail-
\_--, Santa Monica Municipal Code able either on-site or at alternate locations acceptable to the Zoning Administrator. The Zoning Administrator shall prepare a written decision on the temporary use permit application within twenty-one calendar days after a complete app~ication has been filed which shall contain the findings of fact upon which the decision is made. · If a temporary use pennit is issued for a period greater than forty-five days, a _copy of the decision shall be mailed to thff applicant and the Planning Commission. (Prior code§ 9111.4; amended by Ord No. 2139CCS § 1, adopted 9/14/04) 498-1 9.04.20.06.040 (Santa Monica Supp. No. 43, 12·04)
Santa Monica Municipal Code 9.04.20.06.050 9.04.20.06.050 Conditions of approval. In approving an application for a Temporary Use Permit, the Zoning Administrator may impose conditions that are deemed necessary to ensure that the permit will be in accordance with the findings required by Section 9 .04.20.06.040. These conditions may involve any factors affecting the operation of the temporary use or event and may include, but are not limited to: (a) Provision of temporary parking facilities, including vehicular ingress and egress. (b) Regulation of nnisance factors such as prevention of glare or direct illumination of adjacent properties, noise vibration, smoke, dust, dirt, odors, gases, and heat (c) Regulation of temporary buildings, structures, and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards. (d) Provision of sanitary and medical fl)cilities. (e) Provision of solid waste collection and disposal. (f) Provision of security and safety measures. (g) Regulation of signs. (h) Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested. (i) Submission of a performance bond or other secu-rity to assure that any temporary facilities or structures used for the proposed temporary use will be removed from the site following the event and that the property will be restored to its former condition. G) Submission of a site plan indicating any informa-tion required by this Part. (k) A requirement that approval of the requested Temporary Use Permit is contingent upon compliance with applicable provisions of other laws. (I) Other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this Part. (Prior code § 9111.5) 9.04.20.06.060 Revocation. . The Zoning Administrator may, or upon direction from the Planning Commission, revoke any approved Temporary Use Permit in accordance with the following procedures: (a) A revocation hearing shall be held by the Zoning Administrator. Notice of the hearing shall be published once in a newspaper of general circulation within the City and shall be served either in person or by registered mail on the owner of the property and on the permit holder at least ten days prior to such hearing. The notice of hearing shall contain a statement of the specific rea-sons for revocation. (b) After the hearing, a Temporary Use Permit may be revoked by the Zoning Administrator, or by the Plan-ning Commission on appeal or review, if any one of the following findings are made: (1) That the Temporary Use Permit was obtained by . misrepresentation or fraud. (2) That the use for which the TemporaryUse Permit was granted has ceased or has been suspended for six or more consecutive calendar months. (3) That the conditions of the permit have not been met, or the permit granted is being or has recently been exercised contrary to the terms of the approval or in violation of a specific statute, ordinance, law or regula-tion. (c) A written determination of revocation of a Tem-porary Use Permit shall be mailed to the property owner and the permit holder within ten days of such determina' tion. (Prior code § 9111.6) 9.04.20.06.070 Appeal. Any person may appeal the approval, conditions of approval, denial, or revocation of a Temporary Use Per-· mit issued for a period greater than forty-five days to the Planning Commission if filed within seven consecutive calendar days of the date the decision is made in the manner provided in Part 9.04.20.24, Sections 9.04.20.24.020 through 9.04.20.24.040. (Prior code § 9111.7) 9.04.20.06.080 Notice. Notice of any approved Temporary Use Permit shall be posted on the subject property for a period of seven consecutive calendar days from the date the decision is issued. (Prior code § 9111.8) Part 9.04.20.08 Performance Standards Permit 9.04.20.08.010 Purpose. The Performance Standards Permit is intended to allow certain uses to be established in particular areas if they comply with the specific criteria and standards established in Part 9.04.12. The Performance Standards Permit provides for an administrative review and assess--ment of the proposed development project in light of. explicit performance standards which have been designed to ensure that the completed project will be in harmony with existing or potential uses in the surrounding area, consistent with the goals, objectives, and policies of the General Plan. (Prior code § 9112.1) 499 9;04.20.08.020 Permit required. A Performance Standards Permit approved by the Zoning Administrator shall be required for all applicable uses listed in this Chapter and shall be issued prior to the issuance of any Building Permit for, or co=encement of, the use. A public hearing shall not be required for issuance of a Performance Standards Permit. Applica-tions for a Performance Standards Permit shall be se-cured and filled with the City Planning Division pursuant to Part 9.04.20.20, Sections 9.04.20.20.010 through 9.04.20.20.060. (Prior code § 9112.2) 9.04.20.08.030 Findings • The Zoning Administrator or Planning Commission on appeal, shall issue a Performance Standards Permit (Santa Monica 7-95)
9.04.W.08.030 Santa Monica Municipal Code · if the following findings can be made in an affirmative manner: (a) The proposed use is listed as a use permitted pursuant to performance standards in this Chapter. (b) The proposed use conforms precisely to the per-formance standards for the proposed use as outlined in Subchapter 9.04.12. (c) The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood. The Zoning Administrator shall prepare a . written decision which shall contain the findings of fact upon which such decision is based. The decision shall be mailed to the applicant and to property owners and resi-dents of parcels adjacent to the parcel for which a Per-formance Standards Permit is requested. Copies of the decision shall also be provided to the Planning Commis-sion. (Prior code§ 9112.3) 9.04.20.08.040 Term of permit. The Performance Standards Permit shall expire if the rights granted are not exercised within the period estab-lished by the Zoning Administrator or Planning Commis-sion on appeal as a condition of granting the permit, or, in the absence of such established time period, either within one year, or if located in the Coastal Zone, eigh-teen months, from the effective date of permit approval .. However, if the permit is for affordable housing or a mixed use project where housing units comprise at least seventy-five percent of the floor area of the project (collectively "housing project"), and the housing project has received City, State or Federal funding or is com-prised of units at least fifty percent of which are deed-restricted to be affordable to low income households and the remainder of which are deed-restricted to be afford-able to low or moderate income households, in the ab· sence of a time period established by the Zoning Admin-istrator or Planning Commission on appeal as a condition . of granting the permit, the Performance Standards Per-mit shall expire if the rights granted are not exercised within three years, or if located in the Coastal ·Zone, three and one-half years from the effective date of per-mit approval. · (a) Exen:ise of Rights. "Exercise of rights" shall mean actual commencement of the use granted by the permit, unless the permit is granted in conjunction with approval of new Construction. If the Performance Standards Permit is granted in conjunction with approval of new construction, issuance of a building permit shall constitute exercise of rights under the Performance Standards Permit; provided, however, that, unless otherwise specified as a condition of project approval, the Performance Standards Permit shall expire if: (1) The building permit espires; or (2) The rights granted under the Performance Stan-dards Permit are not exercised within one year following the earliest to occur of the following: issuance of a Cer-tificate of Occupancy; or if no Certificate of Occupancy (Santa Monica 7-95) 500 is required, the last required final inspection for the new construction. (b) Extension. If the applicant files an extension request with the Zoning Administrator in writing prior to expiration of the permits, the Zoning Administrator may administratively grant one six-month extension of the term of the Performance Standards Permit, or if the project includes residential uses, a one-year extension of the term of the Performance Standards Permit. (Prior code § 9112.4; amended by Ord. No. 1798CCS § 1, adopted 4/25/95) · 9.04.20.08.050 Revocation. The Zoning Administrator may, or upon direction from the Planning Commission, revoke any approved Performance Standards Permit in accordance with the following procedutes: (a) A revocation hearing shall be held by the Zoning Administrator. Notice of the hearing shall be published once in a newspaper of general circulation within the City and shall be served either in person or by registered mail on the owner of the property and on the permit holder at least ten days prior to such hearing. The notice of hearing shall contain a statement of the specific rea-sons for revocation. (b) After the hearing, a Performance Standards Permit may be revoked by the Zoning Administrator, or by the Planning Commission on appeal or review if an one of the following findings are made: (1) That the Performance Standards Permit was obtained by misrepresentation or fraud. (2) That the use for which the Performance Stan-dards Permit was granted has ceased or has been sus-pended for six or more consecutive calendar months. (3) That the conditions of the permit have not been met, or the permit granted is being or has recently been exercised contrary to the terms of the approval or in violation of a specific statute, ordinance, law or regula-tion. (c) A written determination of revocation of a Perfor-mance Standards Permit shall be mailed to the 'property owner and the permit holder within ten days of such· determination. (Prior code § 91125) 9.04.20.08.060 Appeals. Any person may appeal the approval, conditions of approval, denial, or revocation of a Performance Stan-dards Permit to the Planning Commission if filed within fourteen consecutive calendar days of the date the deci-sion is made in the manner provided in Part 9.04.20.24, Sections 9.04.W.24.020 through 9.04.20.24.040 .. (Prior code § 9112.6) Part 9.04.20.10 Variances 9.04.20.10.010 Purpose. A variance is intended to allow variations where prac-tical difficulties, unnecessary hardships or results incon-sistent with the ·general purpose of this Chapter would occur from its strict literal interpretation and enforce-
Santa Monica Municipal Code 9.04.20.10.010 ment. (Prior code§ 9113.1; amended by Ord. No. 1612CCS § 1, adopted 1114/92) 9.04.20.10.020 Application. Application for a variance shall be filed in a manner consistent with the requirements contained in Part 9.04.20.20, Sections 9.04.20.20.0 10 through 9.04.20.20.060. (Prior code§ 9113.2) 9.04.20.10.030 Applicability. The Zoning Administrator may grant a variance from the requirements of this Chapter to: (a) Allow the modification of the minimum lot sizes or minimum parcel dimensions; (b) Allow the modification of the number and dimensions of automobile parking spaces, loading spaces and driveway requirements including those set by performance standards, use permit special standards, special conditions for conditional uses, regulations of the various zoning districts, the off-street parking requirements and the off-street loading_ requirements; (c) Allow the modification offence heights; (d) Allow the modification of yard setbacks or parcel coverage on: (1) Parcels having a depth of ninety feetorless or a width of thirty-nine feet or less, (2) Nonrectilinear parcels o.r rectangular parcels on which parallel property lines differ in length a minimum of five feet, (3) Parcels with a twelve and one-half-foot grade differential or more, as measured from either any point on the front parcel line to any point on the rear parcel line, or from any point on a side parcel line to any point on the opposing side parcel line, ( 4) Additions to the same floor of an existing building which is nonconforming as to yard setbacks, where such addition follows the line of the existing building but in no case is closer than four feet to a property line, (5) Parcels in the CM District on which relocated structures that are identified _on the Historical Resources Survey as having a value of 1 through 5D or which are determined to be historically significant by the Landmarks Commission are located. A variance may apply only to the relocated structure; (e) For projects conforming to State density bonus guidelines, allow encroachment into no more than fifteen Percent of one side yard setback, and into fifteen percent of either the front or rear yard setback, and, except in those zones where an increase in parcel coverage for State density bonus projects is already .permitted, allow an increase in parcel coverage by no more than ten percent of parcel area. In no case shall a rear yard setback ofless than five feet be allo~ed; (f) Allow buildings to exceed district height limits by no more than five feet in one of the following situations: (I) !fa parcel has a grade differential of twelve and one-half feet or more, as measured from either any point on the front parcel line to any point on the rear parcel line, or from ~my point on a side parcel line to any point on the opposing side parcel line, 501 (2) To allow an addition to an existing structure that is legally nonconforming as to height provided the addition does not exceed the height line of the existing building; (g) Allow an addition to an existing building that is legally nonconforming as to height provided all of the following criteria are met: (I) The addition does not exceed the height line of the existing building, (2) The addition does not exceed two percent of the total floor area of the building, (3) The addition does not increase lot coVerage or the overall footprint of the building, ( 4) The addition does not increase the density or number of inhabitants or increase the intensity of use of the building, (5) The addition otherwise conforms to the regulations of the district in Which it is located, (6) There is no feasible alternative method of attaining the desired use·, , (7) There is no substantial adverse impact to adjacent buildings, existing streetscape, privacy, nor significant increases to the mass and bulk of the building; (h) Allow the replacement of an existing residential building in an OP District that is legally nonconforming as to height where the parcel has a grade differential of twelve and one-half feet or more, as measured from either any point on the front parcel line to any point on the rear parcel line, or from any point on a side parcel line to any point on the opposing side parcel line provided the following criteria are met: (I) The replacement structure does not exceed the height line of the existing building, (2) The replacement structures does not increase the density or square footage beyond the existing structure or increase the intenSity of use of the building, (3) The replacement structure otherwise conforms to the regulation of the district in which it is located, ( 4) There is no substantial adverse impact to adjacent-buildings, existing streetscape, privacy, nor significant increases to the mass and bulk of the building; (i) Allow the modification of the required front yard setback to allow, in the case of existing development, a detached garage provided all of the following criteria are met: (I) The lot is less than one hundred feet in depth, (2) The on-site use is a single-family dwelling, (3) No alley access is available to the site; UJ Allow the modification of the side yard setback for primary winOows in the OP-2, OP-3 and OP-4 Districts when the imposition of the required setback would severely constrain development on the project, an alternative setback would still satisfy private open space requirements and maintain privacy for the occupants of the project; (k) Allow an additional story which would otherwise not be permitted for an existing residential structure provided all of the following criteria are met: (I) The existing structure has a finished first floor level that is more than three feet above average natural grade or theoretical grade, (Santa Monica Supp. No. 52, 2-07)
9.04.20.10.030 Sa~ta Monica Municipal Code (2) The street frontage and overall massing are compatible with the existing scale and neighborhood context, (3) The addition does not enlarge the first floor of the existing residence such that a nonconforming condition is expanded, ( 4) The overall height of the structure with the additional story does not exceed the height limit in feet of the zoning district in which it is located unless authorized by a variance granted pursuant to subsection (f)(!) or (f)(2) of this Section for a structure located in the Rl, R2R, OPI or OP2 Zoning Districts, which variance may be granted concurrently with a variance authorized pursuant to this subsection (k), (5) The addition otherwise conforms to the regulations of the district in which it is located; (l) Allow the modification, renovation, or replacement of nonconforming building access features such as stairs, ramps, doors, balconies, and windows, or features that provide shelter and which are located at the exterior of the ht,tildings, such as awnings, canopies, or covered walkways, provided: (1) The modification, renovation or replacement is no more intrusive than, and does not intensify or expand such existing nonconforming features, and (2) The modification, renovation or replacement either improves access to the building or improves the building's aesthetic appearance. (m) Allow the modification of maximum building height; maximum number of stories; required setbacks; maximum parcel coverage and building envelope requirements; permitted building height projections; permitted projections in required yard areas; access to private open space; and provision ofunexcavated yard areas contained in this Chapter for projects that include the retention and preservation of a designated landmark building or contributing structure to an adopted Historic District, provided that all of the following conditions are met and all of the findings of fact contained in Section 9.04.20.10.050 are made: (I) The proposed project conforms to the Secretary ofthe Interior's Standards for the Treatment of Historic Properties, as amended froin time to time, (2) The proposed project conforms to the allowable land uses permitted in the applicable zoning district, (3) The proposed project does not exceed the maximum unit density permitted in the applicable zoning district, (4) The proposed project does not exceed the height permitted in the Land Use Element ofthe General Plan for the applicable land use classification, (5) The proposed project does not exceed the maximum height permitted in the applicable zoning district by more than ten feet, (6) The proposed project does not exceed the maximum number of stories permitted in the Land Use Element of the General Plan for the applicable land use classification and does not exceed the maximum number of stories permitted in the applicable zoning district by more than one story, (7) Covered front porches and stairs of a designated landmark building or contributing structure to an adopted Historic District may project a maximum of twelve feet into the required front yard setback area provided that the building (Santa Monica Supp. No. 52, 2-07} 502 fa9ade complies with the front yard setback requirement in the applicable zoning district, (8) The only requirement related to the provision of private open space that can be modified is the requirement that private open space be adjacent to and accessible from, and at the same approximate elevation, as the primary space of the dwelling unit, (9) Requirements for the provision of unexcavated area in yard areas may only be modified when the strict application of such reqUirements would not allow for the preservation of the landmark building or contributing structure to an adopted Historic District. (Prior code§ 9113.3; amended by Ord. No. 1496CCS, adopted 9/26/89; Ord. No. 1612CCS § 2, adopted 1/14/92; Ord. No. 1645CCS § 7, adopted 9/22/92; Ord. No. 1699CCS § 2, adopted 8110/93; Ord. No. 1832CCS § 3, adopted 11128/95; Ord. No. 1834CCS § 9, adopted 12/12/95; Ord. No. 1843CCS §I, adopted 2/27/96; Ord. No. 2052CCS § I, adopted I 0/8/02; Ord. No. 2206CCS § I, adopted I 0/3/06) 9.04.20.10.040 Hearings and notice. Subject to the provisions of Section 9.04.20.22.020, upon receipt in proper form of a variance application, a public hearing before the Zoning Administrator shall be set in accordance with the Permit Streamlining Act, Government Code Section 65920 et seq., or any successor legislation thereto, and notice of such hearing shall be given to all property owners and temints within three hundred feet of the exterior boundaries of the property involved in a manner consistent with Part 9.04.20.22, Sections 9.04.20.22.010 through 9.04.20.22.140. (Prior code § 9113.4; amended by Ord. No. 2139CCS § 2, adopted 9114/04) 9.04.20.10.050 Findings. Following a public hearing, the Zoning Administrator shall prepare a written decision which shall contain the findings of fact upon which such decision is based. The Zoning Administrator, or Planning Commission on appeal, may approve a variance application in whole or in part, w~th or without conditions, provided all of the following findings of fact are made: • (a) There are Special circumstances or exceptional characteristics applicable to the prOperty involved, including size, shape, topography, location, or surroundings, or to the intended use or development ofthe property that do not apply to other properties in the vicinity under an identical zoning classification. (b) The granting of such variance will not be detrimental nor injurious to the property or improvements in the general vicinity and district in which the property is located. (c) The strict application ofthe provisions of this Chapter would result in practical difficulties or unnecessary hardships-, not including economic difficulties or economiC hardships. (d) The granting of a variance will not be contrary to or in conflict with the general purposes and intent of this Chapter, nor to .the goals, objectives, and policies of the General Plan. (e) The variance would not impair the integrity and character of the district in which it is to be located.
Santa Monica Municipal Code 9.04.20.1 0.050 (f) The subject site is physically suitable for the proposed variance. (g) There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed·· variance would not be detrimental to public health and safety. (h) There will be adequate provisions for public access to serve the subject variance proposal. (i) For the reduction of the automobile parking space requirements, the reduction is based and conditioned upon an approved parking reduction plan that incorporates transportation control measures that have been demonstrated to be effective in reducing parking Ueeds and that are monitored, periodically reviewed for continued effectiveness, and enforced by the City as contained in Section 9.04.10.08.050 of this Chapter. G) All the above specified requirements need not apply to variances which the Zoning Administrator finds are essential or desirable to the public convenience or welfare and are not in conflict with the General Plan and where the granting ofthe variance will not be materially detrimental nor injurious to property or improvements in the general vicinity and district in which the property is located. (k) The strict application ofthe provisions of this Chapter would result in unreasonable deprivation of the use or enjoyment ofthe property. (Prior code§ 9113.5; amended by Ord. No. 1612CCS § 3, adopted 1/14/92) 9.04.20.10.060 Term of permit. The variance shall expire if the rights granted are not exercised within the period established by the Zoning Administrator or Planning Commission on appeal as a condition of granting the variance, or, in the absence of such established time period, either within one year, or if located in the Coastal Zone, eighteen months, from the effective date of permit approvaL However, if the permit is for affordable housing or a mixed use project where housing units comprise at least seventy-five percent of the floor area of the project (collectively "housing project"), and the housing project has received City, State or Federal funding or is comprised of units at least fifty percent of which are deed-restricted to be affordable to low income households and the remainder of which are deed-restricted to be affordable to low or moderate income households, in the absence of a time period established by the Zoning Administrator or Planning Commission on appeal as a condition of granting the permit, the variance shall expire if the rights granted are not exercised within three years, or iflocated in the Coastal Zone, three and one-half years from the effective date of permit approval. (a) Exercise of Rights. "Exercise of rights" shall mean actual commencement of the use granted by the permit, unless the permit is granted in conjunction with approval of new construction. If the variance is grarited in conjunction with apProval of new construction, issuance of a building permit shall constitute exercise of rights under the variance; provided, however, that, unless otherwise specified as a condition of project approval, the variance shalt expire if: (1) The building permit expires; or 502-1 (2) The rights granted under the variance are not exercised within one year following the earliest to occur of the following: (Santa Monica Supp. No. 52, 2-07)
Santa Monica Municipal Code 9.04.20.10.060 issuance of a Certificate. of Occupancy; or if no Certificate of Occupancy is required, the last required final inspection for the new construction. (b) Extension. If the applicant files an extension request with the Zoning Administrator in writing prior to expiration of the pennit, the Zoning Administrator may administratively grant one six~month extension of the term of the variance, or if the pr~ject includes residential uses, a one-year extension of the term of the variance. (Prior code§ 9113.6; amended by Ord. No. 1798CCS § 2, adopted 4/25/95) 9.04.20.10.070 Revocation. The Zoning Administrator. may, in his or her own discretion, or upon the direction of the Planning Commission, revoke· any approved variance in accordance with the following. procedures: (a) A revocation hearing shall be held by the Zoning Administrator. Notice of the hearing shall be published once in a newspaper of general circulation within the City and shall be served either in person or by registered mail on the owner of the property and on the permit holder at least ten days prior to such hearing. The notice of hearing shall contain a statement of the specific reasons for revocation; (b) After the hearing, a variance may be revoked by the Zoning Administrator, or by the Planning Commission on appeal or review, if any one of the following findings are made: (1) That the variance was obtained by misrepresentations or fraud. (2) That the use for which the variance was granted has ceased or has been suspended for six or more consecutive calendar months. (3) That the conditions of the permit have not been met, or the permit granted is ·being or has recently been exercised contrary to the terms of the approval or in violation of a specific statute, ordinance, law or regulation. (c) A written determination of revocation of a variance shall be mailed to the property owner and the permit bolder within. 10 days of such determination. (Prior code § 9113.7; amended by Ord. No. 1612CCS § 4, adopted 1/14/92) 9.04.20.10.080 Appeals. The approval, conditions. of approval, denial, or revocation of a variance may be ·appealed to the Planning Commission within 14 consecutive calendar days of the date the decision is made, in the manner provided in Part 9.04.20.24, Sections 9.04.20.24.010 through 9.04.20.24.050. (Prior code § 9113.8; amended by Ord. No. 1612CCS § 5, adopted 1/14/92) Part 9.04c20.11 Use Permits 9.04.20.11.010 Purpose. A Use Permit is intended to allow the establishment of those uses which have some special impact-or. uniqueness such that_ their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location, but which are generally considered to be less significant in potential effects than. those uses subject to a Conditional Use Permit. The permit application process allows for the review of the location of the proposed use, design, configm:ation of improvements, and potential impact on the surrounding area from proposed use, and 503 the evaluation oft he use based on fixed and established standards. (Added by Ord. No. 1690CCS § 11 (part), adopted 7/13/93) 9.04.20.11.020 Application. An application for a Use Pennit shall be filed in a manner consistent with the requirements con~ined in Part 9.04.20.20, Sections 9.04.20.20.010 through9.04.20.20.060. (Added by Ord. No. 1690CCS § 11 (part), adopted 7/13/93) 9.04.20.11.030 Hearing and notice. Upon receipt in proper· form of a Use Permit application, a public hearing before the Zoning Administrator shall be set and notice of such hearing shall be sent to all property owners and tenants within three hundred feet of the property in a manner consistent with Part 9.04.20.22, Sections 9.04.20.22.010 through 9.04.20.22.140. (Added by Ord. No. 1690CCS § 11 (part), adopted 7/13/93; amended by Ord. No. 2139CCS § 3, adopted 9/14/04) 9.04.20.11.040 Findings. Following a review of the application and public hearing, the Zoning Administrator shall prepare a written decision·which shall contain the findings of fact upon which such decision is based. The Zoning Administrator or Planning Commission on appeal, may approve a Use Permit application in whole or in part, with or without conditions, provided all of the following findings of fact are made: (a) The proposed use is one subject to approval of a Use Penni! within the subject district and complies with all of the applicable provisions of this Chapter. · (b) The subject parcel is physically suitable for the type of land use being proposed. (c) The proposed use is compatible with any ofthe land uses presently on the subject parcel if the land uses are to ~emain. (d) · The proposed use is compatible with existing and pennissible land uses within the district and the general area in 'Yhich the proposed use is to be located. (e) The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighbOrhood. (f) The proposed use is consistent with the goals, objectives, and policies of the General Plan.-(g) The proposed use would not be detrimental to the public . interest, health, safety, or general welfare. (Added by Ord. No. 1690CCS § 11 (part), adopted 7/13/93) 9.04.20.11.050 Conditions. In granting a Use Permit, the Zoning Administrator, or the Planning Commission on appeal, shall require that the use and development of the property conform with a site plan, architectural drawings; or statements. submitted in support of the . application, or in such modifications thereof as may-be deemed necessary to protect the public health, safety, and general welfare and secure the objectives of the. General Plan, and may also impose such other conditions as may be deemed necessary to achieve these purposes, including, but not limited to, the following matters: (a) Setbacks, yard areas, and open spaces. (b) Fences, walls and screening. {Santa Monica Supp. No. 43, 12-04)
9.04.20.11.050 Santa Monica Municipal Code (c) Landscaping and maintenance of landscaping and grounds. (d) Regulation of signs. (e) Control of noise, vibration, odors and other potentially dangerous or objectioqable elements. (f) Limits on time for conduct of specific activities. (g) Time period within which the proposed use shall be developed. (h) SUch other conditions as may be determined to assure that development will be in accordance with the intent and purposes of this Chapter. (i) Reasonable guarantees_ of compliance with required conditions, such as a deed restriction or requiring the applicant to furnish security in the form of money or surety bond in the amount fixed by the administering agency. (Added by Ord. No. 1690CCS § II (part), adopted 7/13/93) 9.04.20.11.060 Term of permit. The Use Permit shall expire if the rights granted are not exercised within the period established by the Zoning Administrator or the Planning Commission on appeal as a condition-of granting the Use Permit, or, in the absence of such established time period, either within one year, or iflocated in the Coastal Zone, eighteen months, from the effective date of penn it approval. However, if the permit is for affordable housing or a mixed use project where housing units comprise at least seventy-five percent of the floor area ofthe project ( coll(,:lctively ''housing project"), and the housing project has received City, State or Fed_eral funding or is comprised of units at least fifty percent of which are deed-restricted to be affordable to low income househOlds and the remainder of which are deed-restricted to be affordable to low or moderate income households, in the absence of a time period established by the Zoning Administrator or Planning Commission on appeal as a condition of granting the pennit, the Use Permit shall expire if the rights granted are tiot exercised within three years, or if located in the Coastal Zone, three and one-half years from the effective date of·permit approval. (a) Exercise of Rights. "Exercise of rights" shall mean actual commencement of the use granted by the pennit, unless the permit is granted in conjunction with approval of new construction. If the USe Permit is granted in conjunction with approval of -new construction, issuance of a building pennit shall constitute exercise of rights under the Use Pennit; provided, however, that, unless otherwise specified as a condition of project apProval, the Use Permit shall expire if: (I) The building permit expires; or (2) Final inspection is not completed or Certificate of Occupancy issued within the time specified as a condition of project approval; or (3) The rights granted under. the Use Permit are not exercised within one year following. the earliest to. occur of-the following: issuance of a Certificate of Occupancy; or _if no Certificate of Occupancy is required, the last required final inspection for the new construction. (b) Extension. Ifthe applicant files an extension request with the Zoning Administrator in writing prior to expiration of the permit, the Zoning Administrator may administratively grant one . six-month extension of the tenn of the Use Permit, or if the (Santa Monica Supp. No, 43, 12·04) 504 project includes residential uses, a one-year extension of the term of the Use Pennit. (Added by Ord. No. 1690CCS § 11 (part), adopted 7/13/93; amended by Ord. No. 1798CCS § 3, adopted 4/25/95) 9.04.20.ll.070 Revocation. The Zoning Administrator may, in exercise of his or her own discretion, or upon the direction of the Plimning Commission shall, revoke any approved Use Pe~it in accordance with the following procedures: (a) A revocation hearing shall be held by the Zoning Administrator. Notice of the hearing shall-be published once in a newspaper of general circulation within the City and shall be served either in person or by registered mail on the owner ofthe property and on the pennit holder at least ten days prior to such hearing. The notice of hearing shall contain a statement of the specific reasons for revocation. (b) After the hearing, a Use Permit may be revoked by the Zoning Administrator, or by the Planning Commission on appeal or review, if any one of the following findings are made: (1) That the Use Permit was obtained by misrepresentation or fraud. (2) That the use for which the Use Permit was granted has ceased or bas been suspended for six or more consecutive months. (3) That the conditions of the permit have not been met, or the pennit granted is being or has recently been exercised contrary to the tenns of the approval Or in violation of a specific statute, ordinance, law or regulation. (c) A written determination of revocation of a Use Pennit shall be mailed to the property owner aod the permit holder within ten days of such determination. (Added by Ord. No. 1690CCS § 11 (part), adopted 7/13/93) 9.04.20.1l.080 Appeals. The approval, conditions of approval, denial, or revocation of a Use Permit may be appealed to the Planning Commission within fourteen consecutive calendar days of the·.date the decision is made in_the manner provided in Part 9.04.20.24, Sections 9.04.20.24.010 through 9.04.20.24.050. (Added by Ord. No. 1690CCS § II (part), adopted 7113/93) Part 9.04.20.12 Conditional Use Permits 9.04.20.12.010 Purpose. A Conditional Use Pennit is intended to allow the establishment of those us~s which have some special impact or uniqueness such that their effect on the surrounding environment canhot be determined in advance of the use being proposed for a particular location. The pemiit application process allows for the review of the location of the proposed use, design, configuration of improvements, and potential impact on the surrounding area from proposed use, the evaluation and of the use based on ftxed and established standards. All-property owners and tenants within five hundred feet are notified and a-hearing is conducted·before · the Planning Commission. The review shall determine whether the proposed use should be permitted by weighing the public need for
Santa Monica Municipal Code 9.04.20.12.010 and benefit to be derived from the use against any adverse impact it may cause. (Prior code§ 9114..1) 9.04.20.12.020 Application. Application for a Conditional Use Permit shall be filed in a manner consistent with the requirements contained in ·Part 9.04.20.20, Sections 9.04.20.20.01 0 through 9.04.20.20.060. (Prior code§ 9114.2) 9.04.20.12.030 Hearing and notice. Upon receipt in proper form of a Conditional Use Permit application, a public hearing before the Planning Commission shall be set and notice of such hearing given in a manner consistent with Part 9.04.20.22, Sections 9.04.20.22.010 through 9.04.20.22.140. (Prior code§ 9114.3) 9.04.20.12.040 Findings. Following a review of the application and public hearing, the Planning Commission shall prepare a written decision which shall contain the findings of fact upon which s~ch decision is based. The Planning Commission or City Council on appeal, may ~pprove a Conditional Use Permit application in whole or in part, with or without conditions, if all of the following findings of fact can be made in an affirmative manner: (a) The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of this .Chapter. (b) The proposed use would 'not impair the integrity and character of the district in which it is to be established or located. (c) The subject parcel is physically suitable for the type of land use being proposed. (d) The proposed use is compatible with any of the land uses presently on the subject' parcel if the present land uses are to remain. (e) The proposed use would be compatible with existing and pennissible land uses within the district and the general area in which the proposed use is to be located. (f) There are adequate provisions for water, sanitation, and public utilities 8nd services to ensure that 'the p~oposed use would not be detrimeptal to public health and safety. (g) Public access to the proposed use shall be adequate. (h) The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood. (i) The proposed use is consistent with the goals, objectives, and policies of\he General Plan. U) The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare. (k) The proposed use conforms precisely to the applicable performance standards contained in Subchapter 9~04.12, Section 9.04.12.010 and the special conditions outlined in Subchapter 9.04.14, Section 9.04.14.010. (l) The proposed use will not result in an over coficentration of such uses in the immediate vicinity. (Prior code§ 9114.4) 9.04.20.12.050 Conditions. In granting a Conditional Use Permit, the Planning Commission, or the City Council on appeal, shall.require that the use and development of the property conform with a site plan, ar~hitectural drawings, or statements submitted in support of the application, or in such modifications there.of as may be deemed necessary to protect the public health, safety, and general welfare and secure the objectives of the Ge-neral Plan, and may also impose such other conditions as may be deemed necessary to achieve these purposes, including, but not limited to, the following matters: (a) Setbacks, yard areas, and open spaces. (b) Fences, walls, and screening.' . (c) Additional •parking, parking areas, and vehicular ingress and egress. (d) Landscaping and maintenance of hindscaping and grounds. · (e} Regulation of signs. (±) Control of lloise, vibration, odors, and other potentially dangerous ·or objectionable elements. (g) Limits on; time for cpnduct of specific activities. (h) Time period within which the proposed use shall be developed. (i) Such other conditions as may be determined to assure that development will be in accordance with the intent and purposes of this Chapter. (j) "Reasonable guararitees of compliance .with required conditions, Such as a deed restriction or requiring the applicant to furnish security in 'he form of money or surety bond in the amount fiXed b)r the administering agency. (k) Compliance with applicable performance standards contained in Subchapter 9.04.12, Section 9.04.12.010. (Prior code§ 9114.5) 9.04.20.12.060 Term of permit •. ·The Conditional Use Permit shall expire if the rights granted are not exercised wi~hin ~he period established by the Planning Commission or City Counci1 on ilppeal as a condition of granting the Conditional Use Permit, or, in the absence of such establis'hed time period, either within one year, or if1ocated in the Coastal Zone, eighteen months, from the effective date of permit approval. However, if the permit is for aff~rdable housing or a mixed use project where housing units comprise at least seventy-five percent of the floor area of the project (c·ol!ectively "housing project"), and the housing project has received City, State or Federal funding or is comprised qf units at least fifty percent of which are deed-restricted to be affordable to loW income households and the remainder of which are deed-restricted to be affordable to low or moderate income households, in the absence of a time· period established by the Planning Commission or City Council on appeal as a condition of granting the permit, the Conditional Use Permit shall expire if the rights granted are not exercised within three years, or if located· in the Coastal Zone, three and one-half years from the effective date of permit approval. 504-1 (a) Exercise of Rights. "Exercise of rights" shall mean . actual commencem.ent of the use granted by the permit, unless (Santa Monica Supp. No. 48, 2-06)
9.04.20.12.060 Santa Monica Municipal Code the permit is granted in conjunction with approval of new construction. If the Conditional Use Permit is .,granted in conjunction with approval of. new coilstruction, ·issuance of a building permit sha11 constitute exercise of rights under the Conditiona! Use Permit; provided~ however, that, unless otherwise specified as a condition of project approval, the Conditional Use Permit shall expire if: (1) The building permit expires; or (2) Final inspection is not completed or Certificate of Occupan<,;y issued within the time specified as a condition of project-approval;. or · (3) The rights granted under the Conditional Use Permit are not exercised within one yearfollowing the-earliest to occur of the fol1owing: issuance of a Certificate of Occupancy; or if no Certificate of Occupancy is required, the last required final inspection for the new construction. (b) Extension.lf the applicant files an extension request with the Zolling Administrator in writing prior to expiration of the permit, the Zoning AdministratOr may administratively grant one six-month extension of the tenn of the Conditional Use Permit, or if the project includes residential uses, a one-year extension of the term of the Conditional Use Permit. The applicant may apply to the Planning Commission for any further extension if such request is filed at least one month prior to t~e perffiit's expiration. S-ych extension request shall be processed in the same manner and for the same fee as a new Conditional Use Permit. The Plarining Commission may grant an extension request for good cause, and may consider in this review the extent to which the project is consistent with current development standards and policies, whether the prOject is consistent in principal 'With the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, conditions surrounding the project site and whether the project will adversely affect publiChealth, safety and general welfare. (Prior code §9114.6; amended by Ord: No. 1798CCS § 4, adopted 4/25/95) 9.04.20.12.070 Revocation. The Planning Commission may, or upon direction from the City Council, [evoke any approved Conditional Use Permit in accordance with the following procedures: (a) A revocation hearing shall be held by the Planning Commission. Notice of the hearing shall be published once in a newspaper of general circulation within the City and shall be served either in person or by registered mail on the owner of the property and on the permit holder at least ten days prior to such hearing. The notice of hearing shall contain a statement of the specific reasons for revoGation. (b) After the hearing, a Conditional Use Permit may be revoked by the Planning Commission, or by the _City Council on appeal or review, if any one of the fo11owing findings are made: (1) That the Conditional Use Permit was obtained by misrepresentation or fraud. (2) That the use for which the Conditional Use Permit was granted has ceased or has been suspended for. six or more consecutive calendar months·. (Santa Monica Supp. No. 48, 2-06) (3) That the conditions of the permit have not been met, or the permit granted is being or h3s recently been exercised contrary to the terms of the approval or in violation of a specific statute, ordinance, law or regulation. (c) A written determination of revocation of a Conditional Use Permit shall be mailed to the property owner and the permit holder within ten days of such determination. (Prior code§ 9114.7) · 9.04.20.12.080 Appeals. The approval, conditions of approval, de~ial, or revoe:ation .of a Conditional Use Permit may be appealed to the City Council if filed within fourteen consecutive calendar days of the date the decision ~s made in the manner provided in Part 9.04.20.24, Sections 9.04.20.24.01 0 through 9.04.20.24.040. (Prior code § 911 4.8) Part 9.04.20.14 DevelopmentReview Permit 9.04.20.14.010 Purpose. A Development Review Pennit is intended to a1low the construction of certain projects for which the design and siting could-result in an adverse impact on the surrounding area such as development that is proposed to be built to a greater intensity and building height than generally permitted in the ar~a. The permit allows for: (a) Review of the location, size, massing, and placement of the proposed structure on the site; (b) The location of proposed uses within the project; (c) An evalUation of the project with regard to fixed and established standards; · (d) Modification to the building volume envelope requirements. This· review shall determine whether the proposed siting and design should be permitted by weighing the public need for the benefit to be derived frotTI the proposed site plan use agairist the impact which it ma:y cause. (Prior code§ 9115.1) 9.04.20.14.020 Application. Application for a Development Review Pennit shall be filed in a manner consistent with the requirements contained in Part 9.04.20.20, Sections 9.04.20.20.010 through 9.04.20.20.060. (Prior code§ 9115.2) 9.04.20.14.030 Hearing and notice. Upon receipt in proper form of a Development Review Permit app1ication, a pub1ic hearing before the Planning Commission shall be set and notice of such hearing given in a manner · consistent with Part 9.04.20.22, Sections 9.04.20.22.01 0 through 9.04.20.22.140. (Prior code§ 9115.3) 504-2
Santa Monica Municipal Code 9.04.20.14.040 9.04.20.14.040 Findings. Following a public hearing, the Zoning Administrator shall prepare a written decision which shall contain the Planning Commission's findings of fact-upon which such decision is based. The Commission, or City Council on appeal, shall approve or condition3lly approve a Development Review Pennit application in whole or in part if all of the following findings of fact can be made in an affirmative manner: (a) The physical location, size, massing, and placement of proposed structures on the site and the location of proposed uses within the project are compatible-with and relate haimoniously to surrounding sites and neighborhoods. The size ofthe project shall be deemed compatible with and relate harmoniously to surrounding sites and neighborhoods provided . the project is· consistent with the height and density standards set forth in the Land Use Element of the General Plan, except in those cases where the Land Use Element allows for the exercise of discretion in relation to the height and density of a proposed project. (b) The rights-of-way can accommodate autos and pedestrians, including adequate parking and access. (c) The health and safety services (police, fire etc.) and public infrastructure (e.g., utilities) are sufficient to accommodate the new development. (d) Any on-site provision of housing or parks and public open space, which are part of the required project mitigation measures required in Part 9.04.10.12, satisfactorily meet the goals of the mitigation program. (e) The project is generally consistent with the Municipal Code and General Plan. (f) Reasonable mitigation measures have been included for all adverse impacts identified in an Initial Study or Environmental Impact Report. (Prior code§ 9115.4) 9.04.20.14.050 Term of permit. The Development Review Permit shall expire if the rights granted are not exercised within the period established-by the Planning Commission or City Council on appeal as a con~tion of granting the Development Review Permit, or, in the absence of such established time period, either within one year, or iflocated in the Coastal Zone, eighteen months, from the effective date of permit approvaL However; if the permit is for affordable housing or a mixed· use project where housing units comprise at least. · seventy-five percent of the floor area of the project (collectively "housing project"), and the housing. project has received City, State or Federal funding or is comprised of units at least fifty percent of which are deed-restricted to be affordable to.low income households and the remainder of which are deed-restricted to be affordable to low or moderate income households, in the absence of a time period established by the Planning Commission or City Council on appeal as a condition of granting the permit, the Development Review Pennitshall expire if the rights granted are not exercised within three years, or iflocated in the Coastal Zone, three and one-half years from the effective date of permit approval. (a) Exercise of Rights. "Exercise of rights" shall mean actual commencement of the use granted by the permit, unless the permit is granted in conjunction with approval of new construction. 504-3 If the Development Review Permit is granted in conjunction-with approval of new construction, issuance of a building pennit shall constitute exercise of rights under the Development Review Permit; provided, however, that, unless otherwise specified as a condition of project approval, the Development Review Permit shall expire if: (I) The building penni! expires; or (2) The rights granted under the Development Review Permit are not exercised within one year following the earliest to occur of the following: issuance of a Certificate of Occupancy; or if no Certificate of Occupancy is required, _the last required final inspection for the new construction. (b) Extension. If the applicant files an extension request with the Zoning Administrator in writing prior to expiration of the permit, the Zoning Administrator may administratively grant one six-month extension o-f the term of the DevelOpment Review Permit, or if the project includes residential uses, a one-year extension of the tenn of the Development Review Permit. The applicant may apply to the Planning Commission for any further extension if such request is filed at least one month prior to the permit's expiration. Such extension request shall be processed in the same manner and for the same fee as a new Development Review Pennit. The Planning Commission may grant an extension request for good cause, and may consider in this review the extent to which the project is consistent with current development standards and policies, whether the project is consistent in principal with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, conditions surrounding the project site and whether the project will adversely effect public health, safety and general welfare. (Prior code § 9115.5; amended by Ord .. No. 1798CCS § 5, adopted 4/25/95) 9.04.20.14.060 Revocation. The Planning Commission may, or upon direction from the City Council, revoke any approved Development Review Permit in accordance with the following procedure: (a) A revocation hearing shall be held by the Planning Commission. Notice of the hearing shall be published once in a neWspaper of general circulation within the City and shall be served either in person or by registered mail on the owner ·of the property and on the-permit holder at least 10-days prior to such, hearing. The notice of hearing shall contain a statement of the specific reasons for revocation. (b) After the hearing, a Development Review Permit may be revoked by the Planning Commission, or by the City COlmcil on appeal or review, if any one of the following findings are made: (1) That the Development Review Permit was obtained by misrepresentation or fraud. (2) That the use for which the Development Review Permit was granted has ceased or has. been suspended for six or more consecutive calendar months. (3) That the conditions of the pennit have not been met, or the permit granted is being or has recently been exercised contrary to the teirns of the approval or in violation of a specific statute, ordinance, law or regulation. (c) A written determination of revocation of a Development Review Permit shall be mailed to the property owner and the (Santa Monica Supp. No. 43, 12-04)
9.04.20.14.060 Santa Monica Municipal Code permitholderwithin 10 days of such determination. (Prior code§ 9115.6) 9.04.20.14.070 Appeals. The approval, conditions of approval, denial, or revocation .of a Development Review Pennit may be appealed within fourteen consecutive calendar days of the date the decision is made in the manner provided in Part 9.04.20.24, Sections 9.04.20.24.010 lhrough 9.04.20.24.040. (Prior code§ 9115.7) Part 9.04.20.15 Design Compatibility Permit 9.04.20.15.010 Purpose. A Design_ Compatibility Permit is intended to allow the construction of condominiums and other multi-family ownership housing to ensure the design and siting of the projects do not result in an adverse impact on the surrounding neighborhood. The permit allows for: (1) Review of the location, size, massing, and placement of the proposed structure on the site ~d in relation to the surrounding neighborhood; (2) Review of the location ofproposedamenities . .within the· project. (3) An evaluation of the project with regard to fixed and established standards. (Added by Ord. No. 2053CCS § 3 (part), adopted 10/8/02) 9.04.20.15.020 Application. An application for a Design Compatibility Permit shall be filed in a manner consistent with the requirements contained in Part 9 .04.20.20, Sections 9 .04.20.20.0 I 0 through 9.04.20.20.080. However, a Design Compatibility Permit shall not be required for condominiums located in the R2, R3, andR4 Districts. (Added by Ord. No. 2053CCS § 3 (part), adopted 10/8/02; amended by Ord. No. 2131CCS § 12, adopted 7/27/04) 9.04.20.15.030 Hearing and notice. Upon receipt in proper form of a Design Compatibility Permit application, a public hearing before the Planning Commission shall be set and notice of such hearing given in a manner consistent with Santa Monica Municipal Code Part 9.04.20.22, Sections 9.04.20.22.010 lhrough 9.04.20.22.140. (Added by Ord. No. 2053CCS § 3 (part), adopted 10/8/02) 9.04.20.15.040 Findings. Fallowing a public hearing, the Zoning Administrator shall prepare a written decision which shall contain the Planning Commission's fmdings of fact upon which such decision is based. The Commission, or City Council on appeal, shall approve or conditionally approve a Design Compatibility Permit application in whole or in part if all ofthe following fmdings of fact can be made in an affJimative manner: (1) The physical location, size, massing, and placement of proposed structures _on the site and the location of proposed amenities within the project are compatible with and relate harmoniously to surrounding sites and neighborhoodS. (2) The physical location, size, massing, placement of proposed structures on the site, and parking access and the location of proposed amenities within the project would not be (Santa Monica Supp. No. 43, 12..()4) detrimental to the public interest, health, safety, convenience, or general welfare~ (3) The rights-of-way can accommodate-autos and pedestrians, including adequate parking-and· access. (4) The health and safety services (police, fire, etc.) and public infrastructure (e.g., utilities) are sufficient to accommodate the new development. ( 5) Reasonable mitigation measures have been included for all adverse impacts identified in an Initial Study or Environmental Impact Report or a Statement or"Overriding Considerations has been adopted for the propOsed project. (6) The proposed use conforms precisely to the minimwn requirements outlined in Subchapter 9.04.16, Section · 9.04.16.01.030. (Added by Ord. No. 2053CCS § 3 (part), adopted 10/8/02) 9.04.20.15.050 Term of permit. The Design Compatibility Permit shall expire if the rights granted are not exercised within the period established by the Planning Commission or City Council on appeal as a condition of granting the Design Compatibility Pennit, or, in the absence of such established time period,. within two years from the effectiVe date of permit approval. However, if the permit is for affordable housing or a mixed use project where housing units comprise at least seventyMfive percent of the floor area of the project (collectively "housing project"), and the housing project has received City, State or Federal funding or is comprised of units at least fifty percent of which are deedMrestricted to be affordable to low income households and the remainder of which are deedM restricted to be affordable to low or moderate income h~useholds, in the absence of a time period established by the Planning Commission or City Council on appeal as a condition of granting the pennit, the Design Compatibility Pennit shall expire if the rights granted are not exercised within three years, or iflocate~ in the Coastal Zone, three and oneMhalfyears from the effective date of permit approval. (a) Exercise of Rights. "Exercise of rights~' shall mean actual cOmmencement ofthe use granted by the permit, unless the permit is granted in conjunction with approval of new construction. If the Design Compatibility Pennit is granted in conjunction with approval of new construction, issuance of a building permit shall constitute exercise of rights under the Design Compatibility Permit; provided, however, that, unless otherwise specified as a condition of project approval, the Design Compatibility Penni.t shall expire if: (I) The building permit expires; or 504-4 (2) The rights graated under the Design Compatibility Permit are not exercised within one year following the earliest to occur of the following: issuance of a Certificate of Occuparicy; or if no Certificate of Occupancy is required, the last: required fmal inspection for the new construction. (b) Extension. If the applicant files an extension request with the Zoning Administrator in writing prior to expiration of the permit, the Zoning Administrator may administratively grant a one-year extension of the term of the Design Compatibility Permit The applicant may apply to the Planning Commission for any further extension if such request is filed at least one month
<:.-. ~ • Santa Monica Municipal Code 9 .04.20.15 .050 prior to the pennit's expiration. Such extension request-shall be processed in the same manner and for the same fee as a new Design Compatibility Permit. The Planning Commission may grant an extension request for good-cause, and may consider in this review the extent to which the project is consistent with current development standards and policies, whether the project is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, conditions surrounding the project site and whether the project will adversely effect public health, safety and general welfare. (Added by Ord. No. 2053CCS § 3 (part), adopted I 0/8/02) 9.04.26.15.060 Revocation. The Planning Commission may, or upon direction from the City Council, revoke any-approved Design Compatibility Permit in accordance with the following procedure: (a) A revocation hearing shall be held by the Planning Commission. Notice of the hearing shall be published once in a newspaper of general circulation within the City and shall be served either in person or by registered mail on the owner of the property and on the pennit holder at least ten days prior to SUC?h hearing. The notice of hearing-shall contain a statement of the specific reasons for revocation. (b) After the hearing, a Design Compatibility Permit may be revoked by the Planning Commission, or by the City Council pn appeal or review, if any one of the following findings are made: (1) That the Design Compatibility Permit was obtained by misrepresentation or fraud. (2) That the use for which the Design Compatibility Permit was granted has ceased or has been suspended for six or more consecutive calendar months. (3) That the conditions of the permit have not been met, or the permit granted is being or has recently been exercised contrary ·to the terms of the approval or in violation of a specific statute, ordinance, law or regulation. (c) A written determination of revocation of a Design Compatibility Permit shall be mailed to the property-owner and the permit holder within ten days of such determination. (Added by Ord. No. 2053CCS § 3 (part), adopted 10/8/02) 9.04:20.15.070 Appeals. The approval, conditions-of approval, denial, or-revocation of . a Design Compatibility Permit may be appealed within fourteen consecutive calendar days of the date the decision is made in the manner provided in Santa Monica Municipal Code Part 9.04.20.24, Sections 9.04.20.24.010 through 9.04.20.24.040. (Added by Ord. No. 2053CCS § 3 (part), adopted 10/8/02) 9.04.20.15.080 Hearings. Notice of public hearings shall be given in accordance with-Santa Monica Municipal Code Section 9.04.20.22.050 to all · owners and residential and commercial tenants ofproperty.within a radius of five hundred feet for a Design Compatibility Per'mit. (Added by Ord. No. 2053CCS § 3 (part), adopted 10/8/02) 504-5 Part 9.04.20.16 Amendments of ComPrehensive Land Use and Zoning Ordinance 9.04.20.16;010 Purpose ... These provisions are intended to provide the City Council with a procedure to amend this Chapter or the Official Districting Map whenever required by public necessity, public convenience, general welfare, and good Planning and Zoning practice. (Prior code§ 9120.1) 9.04.20.16.020 Initiation. (a) A text amendment shall only be initiated in one of the following manners: (1) A resolution of intention by the Planning Commission. (2) A resolution of intention of the City Council directing the Planning Commission to initiate an amendment. (3) An application from any person living, working, owning property or operating a business within the' City of Santa Monica. (b) ·An amendment of the Official Districting Map of the City shall only be.initiated in one of the following manners: (1) A resolution of intention by the Planning Commission. (2) A resolution of intention ofthe City Council directing the Planning Commission to initiate an amendment. (3) An application initiated by a citizen petition signed by no less than fifty persons who are property owners or tenants within the City of Santa Monica pnrsuant to Part 9.04.20.20, Sections 9.04.20.20.010 through 9.04.20.20.060. (Prior code§ 9120.2) 9.04.20.16.030 Findings. An amendment may be adopted by ordinance of the City Council only if the following findings of fact can be made in an affirmative manner: (a) The proposed amendment is consistent in principle with the goals, objectives, policies, land uses, and program~ specified in the adopted General Plan. (b) The public health, safety, and general welfare require the adoption of the proposed amendment. (Prior code§ 9120.3) 9.04.20.16.040 Hearing and notice. Upon receipt in proper form of an amendment application, a public hearing shall be set before ~he Planning Commission and notice of such hearing' given in a manner-consistent with. Part 9.04.20.22, Sections 9.04.20.22.010 through 9.04.20.22.140. If, from the facts presented at the hearing, the Commission makes the required findings in an affirmative manner, the Commission shall recommend such amendment or any portion thereof (Santa Monica Supp. No. 43, 12-04)
Santa Monica Municipal Code 9.04.20.16.040 to the City Council. The Commission shall make its find-ings and recommendation in writing and shall transmit a ·copy of the application together with the findings and rec-ommendations to the Council. The Council may by Ordi-nance effect s.uch amendment or any portion thereof, and if deemed advisable, before the adoption of such ordinance, may set the matter for public hearing in the same manner as provided in Part 9.04.20.22, Sections 9.04.20.22.010 through 9.04.20.22.140. Notice for amendments initiated by resolution of intention, shall be published in a newspa-per of general circulation within the City not less than ten consecutive calendar days prior to the public hearing. (Prior code§ 9120.4) · 9.04.20.16.050 Appeal. The denial of a change of district or text amendment to this Chapter, may be appealed to the City Council if filed within 14 consecutive calendar days of the date the deci-sion is made in the manner provided in Part 9,04.20.24, Sections 9.04.20.24.010 through 9.04.20.24.040. (Prior code§ 9120.5) 9.04.20.16.060 interim zoning. (a) Without following the procedures otherwise re-quired prior to the adoption of a zoning ordinance as pro-vided for in Sections 9 .04.20.16.0 I 0 through 9.04.20.16.050, the City Council, to protect the public safety; health or welfare, may adopt an interim ordinance prohibiting or allowing any uses or establishing develop; men! standards which may otherwise be in conflict with a contemplated General Plan, Specific Plan or zoning pro-posal which the City Council, Planning Commission or the Director of Planning is considering or studying or intendsto study within a reasonable time. An interim ordinance may be adopted as an emergency ordinance pursuant to the pro-visions of Section 615 ofthe City Charter. An interim ordi-nance shall be of no further force and effect sixty days fi-om its effective date. After notice pursuant to Part 9.04.20.22, and public hearing, the City Council may extend the interim ordinance for up to fifty months and fifteen days. (b) The City Council shall not adopt or extend any interim ordinance pursuant to this Section unless the ordi-nance contains· a finding that there is a current and immedi-ate threat to the public health, safety or welfare, and that the approval of additional subdivisions, use penn its, variances, building penn its or any other applicable entitlement for use which is required in order to comply with a zoning ordi-nance would result in a threat to public health, safety or welfare. · . (c) Nothing inthis Section shalllimitthe power ofthe City Council, by virtue of the City Charter, to take neces-sary action to protect the public health, safety, or welfare. (d) The City Council as part of any interim ordinance, may adopt variance procedures to modifY the standards con-tained in the interim ordinance,· and may establish proce-dures which differ fi-om those contained in Part 9.04.20.20 and Part 9.04.20.22 of this Chapter. (Prior code§ 9120.6; amended by Ord. No. 1561 CCS, adopted 1/22/91; Ord. No. 1665CCS § 1, adopted 1/26/93; amended by Ord. No. 2086CCS §I, adopted 7/8/03) Part 9.04.20.18 General and Specific Plans 9.04.20.18.010 Purpose. The purpose of this Section is to establish procedures for the Planning Commission to prepare and the City Council to adopt a comprehensive, long-tenn General Plan for the physical development of the City of Santa Monica. This Chapter also establishes procedures for adoption of Specific Plans for the systematic implementation of the General Plan for all or part of the City area covered by the General Plan. The planning pi'inciples, goals, objectives, policies, standards, and proposals contained in the adopted General Plan and any adopted Specific Plans must be con-sidered by the City Council in allocating community re-sources including, but not limited to, the expenditure of City funds pursuant to the City Charter and Municipal Code. (Prior code § 9121 J) 9.04.20.18.020 Contents of the General Plan. The General Plan must consist of a statement of devel-opment policies and shall include a diagram or diagrams and text setting forth planning principles, goals, objectives, policies, standards, and plan proposals. The General Plan must be a statement internally consistent, and compatible with City policies that accommodate local conditions and circumstances, while meeting the minimum requirements of the state law. The General Plan shall contain each <ifthe Elements required by state law and such other elements that the City Council· deems appropriate. (Prior code§ 9121.2) 505 9.04.20.18.030 Preparation and adoption of the General Plan. It shall be the. function and duty of the Planning Com-mission, with the assistance of the Director of Planning, to prepare and recommend that the City Council adopt the General Plan, including any, all, or any combination of the Elements. In preparing the Gimeral Plan, or any element of the General Plan, the Planning Commission shall take such steps as they deem necessary or as the Director of Plan-ning recommends. The General Plan guidelines prepar~d by the Governor's Office of Planning and Research must be considered in preparing or amending the General Plan. During the preparation or amendment ofthe General Plan, or any element thereof, the Planning Commission must provide opportunities for involvement of citizens, public ag·encies, public utility companies, and business, civic; educational, neighborhood organizations, and other com-munity groups, through public hearings and any other means the Planning Commission or City Council deems appropriate. The General Plan and its Elements shall be prepared with the general purpose of guiding and accom-plishing coordinated and hannonious development of the City which, in accordance with existing and future needs, best promotes the public health, safety, and general wel-fare, as well as efficiency and economy in the process of development. (Prior code § 9121.3) .(Santa Monica Supp. No. 39, 11..03)
9.04.20.18.040 Santa Monica Municipal Code 9.04.20.18.040 Planning Commission action. Prior to recommending adoption of the General Plan or any Element thereof, the Planning Commission must hold at least one public hearing. Notice of the hearing shall be given consistent with Part 9.04.20.22. The Planning Commission must make a written recommendation on the adoption or amendment of the General Plan or any Ele-ment thereof. A recommendation for approval must be made by a resolution carried by an affirmative vote of the Planning Commission. The Director of Planning shall promptly transmit to the City Council the Planning Com-mission's written recommendation, together with .any maps, charts, studies, or other materials, including any required environmental analysis. (Prior code § 912 I .4) 9.04.20.18.050 City Council action. Prior to adopting or amending the General Plan or Ele-ment thereof, the City Council must hold at least one pub-lic hearing. Notice of the hearing shall be given pursuimt to Part 9.04.20.22. The City Council must adopt or amend the. General Plan, or any Element thereof, by resolution carried by tl]e affirmative vote of not less than a majority of the total membership of the Council. The City Council· may approve, modify, or disapprove the recommendation of the Planning Commission, if any. The City Council may, but is not required to, refer any modifications to the Planning Commission for its· recommendations. (Prior code§ 9121.5) 9.04.20.18.060 Amendments to the General Plan. The City Council may amend all or part of the General Plan, or any Elementthereof. Any Specific Plan or other plan of the City that is applicable to the same areas or mat-ters affected by a General Plan amendment must be re-. viewed and amended as necessary to make the Specific Plan or other plans consistent with the General Plan. (Prior code§ 9121.6) 9.04.20.18.070 Restriction on number of amendments. Except as otherwise provided herein, no mandatory Element of the Generai·Pian shall be amended more fre-quently than four times during any calendar year. Subject to that limitation, an amendment may be made at anytime, as determined by the City Council. Each amendment may include more than one change to the General Plan. The limitation on the annual number of amendments does not apply in the following circumstances: (a) A General Plan amendment requested and neces-sary for a single development of residential units, at least 25% of which will be occupied by or available to persons and families of low or moderate income, as defined by Section 50093 of the California Health and Safety Code. The spec;ified percentage of low-or moderate-income housing may be developed on the same site as the other residential units proposed for development, or on another site or sites encompassed by the General Plan, in which case the combined total number of residential units shall be considered a single development proposal for purposes of this Section. (Santa Monica Supp. No. 39, t 1-03) (b) A General Plan amendment required by a court· decision made pursuant to Article 14 (commencing with Section 65750) of the Government Code. (c) A General Plan amendment required by Govern-ment Code Section 65302.3(b ). (d) A General Plan amendment required by Health and Safety Code Section 56032( d). . (e) A General Plan amendment required by Public Resources Code Section 30500(b). (Prior code§ 9121.7) 9.04.20.18.080 Initiation of amendments to the General Plan. An amendment to the General Plan or any Element thereof shall only be initiated in the following mamier: (a) A resolution of intention initiated by the Plamiing Commission. (b) A resolution of intention initiated by the City Council directing the Planning Commission to initiate an amendment. (c) An application from a property owner or his/her autho 0 ized agent pursuant to Part 9.04.20.20, provided that such application involves the development or modification of property located within. the area affected by such amendment. (Prior code § 9121.8) · 506 9.04.20.18.090 Planning Commission action on · amendments: (a) Upon receipt in proper form of a completed amendment application or duly adopted resolution of in-tention, and following ·any necessary investigation, but within ninety (90) days unless a longer period is prescribed by the City Council in the case of a Council-initiated amendment, a public hearing before the Planning Com-mission must be held and notice of such hearing given consistent with Pait 9.04.20.22. (b) The Planning Commission must make a written recommendation on the proposed amendment whether to approve, approve in modified form, or disapprove. (c) Planning Commission action recommending that· the proposed General Plan amendment be approved, or approved in modified form, must be considered for adop-tion by the City Council within ninety (90) days of Plan-ning Commission action. Planning Commission aCtion dis-approving a proposed General Plan amendment, regardless ofhow such amendment was initiated, may be appealed by any interested person, including a Commissioner or Coun-cilmember, to the City Council provided such appeal
Santa Monica Municipal Code 9.04.20.18.090 is filed in writing ·within 14 consecutive calendar days of the Commission's action, pursuant to Part 9.04.20.24. (Prior code§ 9121.9) 9.04.20.18.100 City council action on amendments. Within. 60 days of the recommendation of the Planning Commission to approve a proposed General Plan amendment or of the appeal. from a decision by the Planning Commission to approve or disapprove a proposed General Plan amendment, the City Council must conduct a public bearing on the amendment after first giving notice of the hearing pursuant to Part 9.04.20.22. The City Council may approve,· approve with -modifications, or disapprove any amendment. (Prior code§ 912l.IO) 9.04.20.18.110 Administration-of the General Plan. After the City Council has adopted all or part of the General Plan, the Planning Commission shall do the following: (a) Investigate and make recommendations to the City Council regarding reasonable and practical means for implementing the General Plan or Element of the General Plan, so · that it will serve as an effective guide for orderly growth and development, preservation,.and conservation of open space land and natural resources, and the efficient expenditure of public :funds relating to the subjects addressed in the General Plan. (b) Provide a periodic report to the ·City Council when requested by the Planning Commission or City Cmuicil on the status of the Plan and progress in its implementation. (Prior code § 9121.11) 9.04.20.18.120 Fees. The City Council by resolution shall establish and from time to time amend a schedule of fees imposed for any amendment to the general plan. (Prior code§ 9121.12) 9.04.20.18.130 Specific Plans. Upon .receiving an application for a Specific Plan by any person living, working or owning property within the City of-. Santa Monica, or upon approval of the majority of the Planning Commission, the Pla~ing Commission may, or if so directed by the City Gouncil, must cause to be prepared Specific Plans for the systematic implementation of the General-Plan for all or a part of the area covered by the General Plan. (Prior code.§ 9121.13) 9.04.20.18.140 Contents of Specific Plans. , A Specific Plan shall include text and a diagrani or diagrams specifying all of the following in detail, and shall' include a statement of the relationship between the Specific Plan and the . General Plan: (a) The distribution, location, and extent of the uses ofland, including open space, within the area covered by the Specific Plan. (b) The proposed distribution, location~. and extent ·and intensity of major components-of public and ·private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the Specific Plan. (c) .Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable .. 507 (d) A program of implementation measures including regulations, programs, ·public works projects and financing measures necessary to carry out the above paragraphs. The Specific Plan may address any other subjects which in the judgment of the Planning Commission or City Council are necessary or desirable for implementation of the General Plan. (Prior code§ 9121.14) 9.04.20.18.150 Specific Plan criteria. A specific plan for certain sub~areas iri the City may be considered by the Planning Commission when detailed regulations, conditions, programs, standards, and guidelines are not provided for in the General Plan. (Prior code§ 9121.15) 9;04.20.18.160 Specific Plan adoption ·and amendment. Specific Plans shall be prepared, adopted, and amended in the same manner as the General Plan, except that a Specific Plan may be amended as often as deemed necessary by the City Council. No Specific Plan may be adopted or amended unless the proposed plan or amendment is consistent with the General Plan. (Prior code§ 9121.16) 9.04.20.18.170 Fees and charges. The City Council shall by resolution establish and from time to time_ amend a schedule of fees imposed for the adoption and amendment of any Specific Plan. The City Council, after adopting a Specific Plan, may impose a Specific Plan fee upon persons seeking governmental approvals which are required to be cOnsistent with the Specific Plan. The fees shall be established by resolution pursuant to Part 9.04.20.20, so that, in the aggregate, they defray, but as estimated do not exceed, the cost of preparation, adoption, and administration of the Specific Plan, including costs incurred pursuant to Division 13 (commencing with Section 21000) of the California Public Resources Code. Copies of Specific Plans shall be made availabie to local agencies and the general public. The City may charge a fee for a copy of a Specific Plan or amendments to a Specific Plan in an amount that is reasonably related to the cost of providing that -document. (Prior code § 9121.17) Part 9.04.20.20 Application and Fees 9.04.20.20.010 Pnrpose. These provisions are intended to prescribe the procedure for filing applications for pennits, appeals, amendments, and approvals when required or permitted by this Chapter. These provisions are intended to provide the framework by which applications will be determined to be complete and permitted to be filed. (Prior code § 9130.1) 9.04.20;20.020 Application forms. To request a pennit, -appeal, amendment, approval, or other discretionary action required or pennitted by this Chapter, the aPplicant must submit a complete appropriate application on the form provided by the Zoning Administrator in addition to any other material, reports, dimensioned plans or other infonnation required to take an action on the application. Each application form shall contain: (Santa Monica Supp. No. 43, 12~04)
9.04.20.20.020 Santa Monica Municipal Code (a) A list or descriptiori of the information, reports, dimensioned plans and other material needed in order to deem an application complete. -(b) The criteria by which the Zoning Administrator will determine the completeness of the appl-ication. (c) Instructions necessary to complete or supply the required information. (d) Such other information as may be required by this Chapter or state law. (Prior code§ 9130.2) 9.04.20.20.030 Determination of completeness. (a) No application shall be processed pursuant to Part 9.04.20.22 prior to the determination by the Zoning Administrator that the application is complete in accordance with this Section and the Permit Streamlining Act,. Government Code Section 65920 et seq. or any successor legislation thereto. (b) The determination shall state whether the application is complete pending payment of the required filing fee, or is incomplete and shall specify additional infonnation to be resubmitted. (c) A completed application shall consist of: (1) Th~ application form with·.all applicable_information included on the form. · (2) The -additional information, reports, dimensioned drawings and other material required with application form. (3) A description of how the proposed project or requested action is consistent with the goals, objectives, policies, programs, and other provisions of the adopted General Plan. ( 4) Payment in full of the reqnired fee for processing the application. (d) An application detennined to be complete pending payment of the required filing fee shall be processed pursuant to Part 9.04.20.22 only upon payment of the required filing fee. (e) If an application is deemed incomplete, t4e Zoning Administrator shall transmit to the applicant in writing the reason for the detennination and shall list the information that must accompany a resubmitted application. An incomplete application shall be deemed withdrawn if the infonnation requested is not received by the Zoning Administrator within thirty days of the date the written determination of incompleteness is mailed. (g) The Zoning Administrator shall determine in writing the completeness of·the resubmitted application and-transmit the determination to the applicant. If deemed complete, the applicant may pay the required filing fee(s) and the resubmitted application shall be processed pnrsuant to Part 9.04.20.22. If the application is deemed to be incomplete, the applicant shall be noticed pursuant to this subsection and the application may be deemed withdrawn. If deemed withdrawn, the applicant may file a new application or appeal the determination of incompleteness to the Planning Commission pursuant to Part 9.04.20.24. (h) If the Zoning Administrator fails to make a timely d~tennination as to completeness--of an application,-or resubmitted application, the application shall be automatically deemed complete. Applications that are deemed complete shall be processed pursuant to Part 9.04.20.24 upon payment in fullofthe required filing fee. The applicant and the Zoning Administrator may mutually agree in writing to extend these time periods. (Santa Monica Supp. No. 43, 12-04) 508 (i) The.time periods for processing any applications under this Chapter shall commence upon the date the application has been determined to be complete. (Prior code§ 9130.3; amended by Ord. No. 2139CCS § 4, adopted 9/14/04) 9.04.20.20.040 Additional information. After an application is deemed complete, the Zoning Administrator shall not subsequently request of an applicant any new information requested on the application fonn. The Zoning Administrator may request the applicant to clarify, amplify, correct, or othetwise supplement the infurmationrequired for the application in the course of processing the application.-This request shall· not invalidate. the original determination that .an_ application is complete and shall not result in a delay in processing the application. The Zoning Administrator may · request additional information _needed to prepare adequate environmental documentation. (Prior code § 9130.4) 9.04.20.20.050 Fees. The City Council shall by resolution establish and from time to time amend a schedule of fees for pennits, appeals, amendments, and approvals required or permitted by this Chapter.-Applications processed concurrently shall be subject to separate fees for each application filed unless specifically exempted by the City Council. (Prior code § 9130.5) 9.04.20.20.060 Who may file application. Applications for performance standards permits, variances, conditional use pennit, and site plan review shall be made only by the property owner or the property owner's authorized agent. (Prior code§ 9130.6) 9.04.20.20.070 Applicant notification. At the time of filing an application, the City shall inform the applicant that he or she may make a written request to receive notice from the City of any proposal to adopt or amend the General Plan, a Specific. Plan, Zoning Ordinance, or an ordinance affecting building pennits which may affect the application filed. The applicant shall specify in the written request the proposed action for which notice is requested. Prior to taking any of those actions, the Zoning Administrator shall give notice to any applicant-who has requested notice of the type of action proposed and whose development pennit is pending before the City if the Zoning Administrator determines that the proposal is reasonably related to the applicant's pending development permit. (Prior code§ 9130.7) 9.04.20.20.080 Posting of property. Within fifteen days after an application for a conditional use permit, development review permit, or site plan review permit, has-been filed, the applicant shall post the property in a manner set forth by the Zoning Administrator. The application shall not be considered. complete unless the site has been posted pursuant· to this Section. (Prior code § 9130.8; amended by Ord. No. 1732CCS § 8, adopted 3/8/94)
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• Santa Monica Municipal Code 9.04.20.22.010 Part 9.04.20.22 Hearing Procedures 9.04.20.22.010 · Purpose. This Part defines penn it processing procedures, procedures for conducting public hea.t:iJ?.gs and specific requirements which must be met in connection with taking an action on a development permit and to expedite decisions on pennit applications. (Prior code§ 9131.1) 9.04.20.22.020 Planning Commission consideration of Zoning Administrator permits. For any specific project, the Planning Commission, rather than the Zoning Administrator, shall-approve, conditionally approve, or deny any application ordinarily subject to approval by the Zoning Administrator if the-application is filed concun:ently with an application for a Conditional Use Pennit, Site Plan Review Pennit, Subdivision Map, Land Use Ordinance Text or Map Amendment, or General Plan Amendment. The Planning Commission's determination on the application may be appealed to the City Council pursuant to Part 9.04.20.24. (Prior code § 9131.2) 9.04.20.22.030 Environmental review determination. All detenninations under the California Environmental Quality Act shall be made in accordance with the City of Santa Monica Guidelines for Implementation of the CEQA as adopted and from time to time amended by resolution. (Prior code§ 9131.3) 9.04.20.22.040 Public hearing date. A public hearing on any application shall be scheduled before the Zoning Administrator, or Planning Commission in accordance with the Permit Streamlining Act, Government Code Section 65920 et seq. or any successor legislation thereto. (Prior code § 9131.4; amended by Ord. No. 2139CCS § 5, adopted 9114/04) 9.04.20.22.050 Notice of hearings. Notice of public hearin~s-sh~p-be given in the following manner: (a) By publication in a newspaper of general circulation within the City not less than ten consecutive calendar days prior to the public hearing; and (b) By mailing, postage prepaid, not less than ten consecutive calendar days prior to the public hearing, to all owners and residential and commercial tenants of property within a radius of three hWidred feet, or five hundred feet for Conditional Use Permits, Development Review Permits, and applications for site specific Zoning Ordinance or General Plan Amendments, from the exterior boundaries of the property involved in the application. For this purpose, the last known name and address of each_ property owner as contained in the records of the Los Angeles County Assessor. shall-be used .. The address .of: the residential and.commerciial tenants shall be detennined by visual-site-inspection or other reasonably accurate means. The. applicant. shall provide a list of property owners and tenants within the prescribed area of notification and shall sign an affidavit verifying that the list has been prepared in accordance with the procedure outlined in tbis Section. All notices of public hearings shall state the nature of the request, the location of the property, the time and place of the 509 scheduled hearing, and the manner in which additional information may be received. (Prior code § 9131.5) 9.04.20.22.060 Reserved. 9.04.20.22.070 Statement of official action. Within 30 days after the decision has been made, the hearing body shall approve a statement of official action which shall include: (a)· A statement of the applicable criteria and standards against which .the proposal was tested and·the determination of what is required to achieve compliance with the criteria and standards. (b) A statement of the facts found that establish compliance or nc;m-compliance with each applicable criteria and standards. (c) The reasons for a determination to approve or deny the application. (d) The .decision to deny or to approve with or without conditions and subject to compliance with applicable standards. (Prior code § 9131.7) 9.04.20.22.080 Notice of statement of official action .. · (a) With respect to Zoning Administrator decisions, the Zoning Administrator shall transmit the statement of official action.to the applicant at the address shown on the application on the same day the determination has been made concerning the application. (b) With respect to Planning Commission and City Council decisions, The Zoning Administrator shall transmit the statement of official action to the applicant at the address shown on the application within 20 days after the decision has been made concerning the application. (Prior code § 9131.8) 9.04.20.22.090 Effective date of decision. A decision that is. subject to appeal shall not beconie effective for 14 consecutive calendar days following the action by the appropriate review authority in order to leave time for appeal of the decision. (Prior code § 9131.9) 9.04.20.22.100 Time limit for approving applications. Final action on an application for the project shall be taken in accordance with the Permit Streamlining Act, Government Gode Section 65920 et seq. or any successor legislation thereto. (Prior code§ 9131.10; amended by Ord. No. 2139CCS § 6, adopted 9114/04) 9.04.20.22.110 Extension of deadline for action. One extension of the time limit for action on an application not to exceed ninety days may be requested by the applicant and approved if mutually agreed upon by the applicant and Zoning Administrator. (Prior code § 9131.11) 9.04.20.22.120 Request for delay or continuance consideration of an application. (a) An application may be withdrawn from a scheduled Planning Commission agenda at the written request of the applicant provided that the public notice of the meeting and the public hearing on the application has not been mailed or published. The application shall be rescheduled for a Planning (Santa Monica Supp. No. 43, 12~04)
9.04.20.22.120 Santa Monica Municipal Code Commission meeting agreed to by the applicant and the Zoning Administrator. (b) An application shall not be withdrawn from a Planning Commission agenda ·at the request of the applicant if public notification has been given. Consideration of the application may be continued only upon approval of a motion by the Planning Commission at the meeting or which the application bas been noticed for. The Planning Commission shall deny such request except if: (1) There is a strong reason justifying the applicant's request which could not reasonably have been foreseen or planned for. Inconvenience, conflicting -business, or voluntary change of counsel, is not considered ·adequate justification. (2) There is at least ten days notice provided to staff ofthe request for a continuance, in which case the Zoning Administrator may grant the continuance, provided the conditions stated above have been met. If urgent conditions preclude ten days notice, any continuance shall be acted upon by the Planning Commission at the meeting for which the application was scheduled for. (3) Any application continued under the conditions listed above shall be renoticed in the original manner, and the applicant shall be subject to payment of a re~notification fee prior to there..., scheduled hearing. -(c) The time limitations for action on any application withdrawn, rescheduled, or continued by. the Planning Commission at the request of the applicant, shall be extended by the period of time that consideration of the application was suspended. (d) This Section shall not apply to continued hearings which are necessary due to factors controlled by the Planning Commission and not specifically requested by the applicant. (Prior code§ 9131.12) 9.04.20.22.130 Reapplication. No application for the same or substantially same project that has been denied may be filed within twelve months,-except if a project is deemed denied without prejudice or as otherwise permitted at the time of approval or denial. (Prior code § 9131.13) 9.04.20.22.140 Amendments to approved projects and conditions of approval. Any conditions of approval or-approved project may be modified upon application by the original applicant. The matter shall be considered in the same manner in which the original application was considered. (Prior code § 9131.14) Part 9.04.20.24 Appeals 9.04.20.24.010 Appeal of action. (a) Any person may appeal a decision of the Zoning Administrator to the Planning Commission~-A decision of the Planning Commission on such .appeal-shall be final-and-not subject to further appeal to the City Council. (b) Any person may appeal an original decision of the Planning Commission to the City Council. (c) Once an appeal is filed, the appellate body may review and take action on all determinations, interpretations, decisions, judgments, or similar actions tal,en which were in the purview of the original hearing body on the application or project and is not (Santa Monica Supp. No. 43, 12-04) 510 limited to only the original reason stated for the appeal. -(Prior code§ 9132.1) 9.04.20.24.020 Filing of appeals. (a) Appeals shall be addressed to the appellate body on a form prescribed by the Zoning Administrator pursuant to Part 9.04.20.20. The appellant shall state the specific reasons for the appeal. (b) An appeal of a Zoning Administrator action shall be filed with the Planning and Zoning Division within fourteen consecutive calendar -days following the date of action from which an appeal is taken. (c) An appeal of a Planning Commission decision shall be filed with the Zoning Administrator-within fourteen consecutive calendar days following the date of action for-which anappeal.is -_ made. (d) Appeals shall be accompanied by the required filing fee. (Prior code § 9132.2; amended by Ord. No. 1732CCS § 9, adopted 3/8/94) .. 9.04.20.24.030 Appeal hearings. Public notice of an appeal hearing shall conform to the manner in which the original notice was given. (Prior code § 9132.3) 9.04.20.24.040 Effective date of appealed actions. (a) Except as otherwise provided for in this Chapter, an action of the Zoning Administrator appealed to the Planning Commission shall not become effective unless and until approved by the Commission. (b) An action of the Commission appealed to the City Council shall not become effective unless and until approved by the City Council. (Prior code§ 9132.4) 9.04.20.24.050 Appeal fees. Members of the City Council and Planning Commission shall not be required to pay a fee when filing an appeal. (Prior code § 9132.5) Part 9.04.20.26 Reduced Parking Permits 9.04.20.26.010 Purpose. A reduced parking pennit is intended -to permit the reduction of required automobile parking spaces for senior housing, or when shared parking, tandem parking or in-lieu parking fees are proposed as part of any development, and under certain circumstances for landmarks and historic districts. (Prior code § 9133.1; amended by Ord. No. 1653CCS § 2, adopted 10!13/92) 9.04.20.26.020 Application. Application for a reduced parking permit shall be filed in a manner_ consistent with the requirements contained in Part 9.04.20.20. (Prior code§ 9133.2) 9.04.20.26.030 Applicability. The Zoning Administrator may grant a reduced parking permit for the following: (a) Shared Parking. Facilities may be shared if multiple uses cooperatively establish and operate parking facilities and if these uses generate parking demands primarily during hours when
Santa Monica Municipal Code 9.04.20.26.030 the remaining uses are not in operation. (For example, if one use operates during evenings .-or weekdays only.) The applicant shall have the burden of proof for a reduction in the total number of required parking spaces, and documentation shall be submitted substantiating the reasons for this requested parking reduction. Shared parking shall be approved only if: (I) A sufficient number of spaces are provided to meet the greater parking demand of the participating uses. (2) Satisfactory evidence has been submitted by the parties operating the shared parking facility, describing t~e nature of the uses and times when the ·uses operate so as to demonstrate the lack of conflict between them. (3) Additional documents, covenants, deed restrictions or other agreements as may be deemed necessary-by the Zoning Administrator are executed to assure that thi.required parking spaces provided are maintained and uses with similar hours and parking requirements as those uses sharing the parking remain for the life of the building. . (b) Senior Housing. The Zoning Administrator may approve a reduced parking pem1it for the ·reduction in the number of parking spaces required for senior citizens and senior group housing based upon findings that the proposed development is located in direct proximity to c·ommercial activities and services, and is adequately served by public transportation systems. (c) Tandem Parldng. The Zoning Administrator may approve a reduced parking pennit for tandem parking for commercial and industrial uses provided the development requires two hundred fifty or more parking spaces, no more than a maximum of twenty percent of the total number of spaces are in tandem and an attendant is on duty during the hours the building is open for business. (d) Low-Income Housing. The Zoning Administrator may approve a reduced parking permit for the reduction in the number of parking spaces required for low to moderate income housing developments provided additional documents, covenants, deed restrictions or other agreements as may be deemed necessary by the Zoning Administrator are executed. (e) Landmarks and Historic Districts. The Zoning Administrator may approve a reduced parking pennit for the reduction in ~he number of parking spaces required for a designated landmark or a contributing structure within a designated historic district under the following circumstances: ( l) When an addition is proposed to a single family home that is nonconforming due to the required number of parking spaces, no additional parking spaces shall be required for the addition of a bedroom, provided that the total addition to the. structure does not exceed more than twenty-five percent of the square footage of the existing structure or two hundred fifty square feet, whichever is greater, and that at least one covered parking space is provided on-site .. Only one such reduced· -parking permit may be-permitted per designated structure. (2) When an addition is proposed to a multifamily structure that is nonconfonning due to the required number of parking spaces, no new parking spaces shall be required, provided that the addition does not add more than one bedroom to each dwelling unit, the addition does not result in the addition of a new dwelling unit on the parcel and that at 5ll least one parking space is already provided on-site per dwelling unit. Only one such reduced parking permit may be pem1itted per unit in a designated structure. (3) When an addition is· proposed to a commercial or an industrial structure that is nonconfonning due to the required number of parking spaces, no additional parking space shall be required, provided that the addition does not exceed ten percent of the building's existing floor area. Only one such reduced parking permit may be pennitted per designated commercial or industrial structure. (4) Commercial orindustrial structures that change to a use which has more intensive parking standards than the current use may be permitted to reduce the required· parking according to the following formula: Total Required Parking Spaces After Change of Use 1 to 10 11 to 20 21 and over Percentage Reduction From Total Required Spaces Up to 50% Up to 25% Up to 10% (Prior code § 9133.3; amended by Ord. No. l653CCS § 3, adopted 10/13/92) 9.04.20.26.040 Hearings and notice. Subject to the provisions of Section 9.04.20.22.020, upon receipt in proper form a variance application, a public hearing before the Zoning Administrator shall be set in accordance with the Permit Streamlining Act, Government Code Section 65920 et seq. or any successor· legislation thereto, and notice of such hearing shall be given to all property owners and tenants within three hundred feet of the exterior boundaries of the property involvc;;d in a manner consistent with Part 9.04.20.22. (Prior code § 9!33.4; amended by Ord. No .. 2l39CCS § 7, adopted 9/14/04) 9.04.20.26.050 Term of permit. The Reduced Parking Permit shall expire if the rights granted are not exercised within the period established by the Zoning Administrator or Planning Commission on appeal as a condition of granting" the Rt;:duced Parking Permit, or, in the absence of such established time period, either within one year, or iflocated in the Coastal Zone, eighteen months, from the effective date of Reduced Parking Permit approval. However, if the permit is for affordable housing or a mixed use project where housing units comprise at least seventy-five percent of the floor area of the project (collectively "housing project"), and the housing project has received City, State or Federal funding or is comprised of units at least fifty percent of which are deed-restricted to be affordable to low income households and the· remainder of which are deed-restricted to be affordable to low or moderate income households, in the absence of a time period established by the Planning Commission or City Council on appeal as a condition of granting the pem1it, the Reduced Parking Permit shall expire if the rights granted are not exercised within three years, or if (Santa Monica Supp. No. 45, 5-05)
9.04.20.26.050 Santa Monica Municipal Code located in the Coastal Zone, three and one-half years from the effective date of permit approval. (a) , Exercise of Rights. "Exercise of rights" shall mean actual commencement of the use granted by the pennit, unless the permit is granted in conjunction with approval of new construction. If the Reduced Parking Permit is granted in conjunction with approval of new construction, issuance of a building permit shall constitute exercise of rights under the Reduced Parking Permit; provided, however, that, unless otherwise specified as a condition of project approval, the Reduced Parking Pem1it shall expire if: (I) The building permit expires; or (2) The rights granted under the Reduced Parking Pem1it are not exercised within one year following the-earliest to occur. of the following: issuance of a Certificate of Occupancy; or if no Certificate of OccUpancy is required, the last required final inspection for the new construction. (b) Extension. lfthe applicant files an extension request with the Zoning Administrator in writing prior to expiration of the pennit, the Zoning Administrator may administratively grant one six-month extension of the -term of the Reduced Parking Permit, or if the project includes residential uses, a one-year extension of the term of the Reduced Parking Pennit. (Prior code § 9133.5; amended by Ord. No. 1798CCS § 6, adopted 4/25/95) 9.04.20.26.060 Revocation. The Zoning Administrator may, or upon direction from the Planning Commission, revoke any approved Reduced Parking Permit in accordance with the following procedures: (a) A revocation hearing shall be held by the Zoning Administrator. Notice of the hearing shall be published once in a newspaper of general circulation within the City and shall be served either in person or by registered mail on the owner of the property and on the pennit holder at least ten days prior to such hearing. The notice of hearing shall contain a statement of the specific reasons for revocation. (b) After the hearing, a Reduced Parking Permit may be revoked by the Zoning Administrator, or by the-Planning Commission on appeal or review, if any one of the fo11owing findings are made: (I) That the Reduced Parking Permit was obtained by misrepresentation or fraud. (2) That the use for which the Reduced Parking Permit was granted has ceased or has been suspended for six or more consecutive calendar months. (3) That the conditions of the permit have not been met, or the permit granted is being or has recently been exercised contrary to the terms of the approval. or in violation of a specific statute, ordinance, law or regulation.· (c) A written-determination.of-revocation of-a Reduced Parking Permit shall be mailed to the property owner and the permit holder within ten days of such determination. (Prior code§ 9133.6) (Santa Monica Supp. No. 45. 5-05) 512 9.04.20.26.070 Appeals. The approval, conditions of approval, denial, or revocation of a reduced parking permit may be appealed to the Planning Commission if filed within fourteen consecutive calendar days of the date the decision is made in the manner provided in Pai·t 9.04.20.24. (Prior code§ 9133.7) Part 9.04.20.28 Administrative Approvals 9.04.20.28.010 Purpose. The Administrative· Approval is intended to allow for the approval of projects which conform -.to the standards established for the zone and -do not. require discretionary review or approval by the Zoning Administrator, Planning Commission or City Council. -The Administrative Approval provides for an administrative review and assessment of the proposed development project in light of explicit standards contained in the Chapter which have been designed to ensure that the completed project will be in hannony with existing or potential development in the surrounding area, consistent with the goals, objectives and policies of the General Plan. (Prior code§ 9134.1)· 9.04.20.28.020 Permit required. (a) An Administrative Approval, approved by the Zoning Administrator, shall be required for all new construction and new additions to existing buildings of more than one thousand square feet of floor area located in residential and nonresidential zoning districts, not otherwise subject to discretionary review and shall be issued prior to issuance of any Building Permit for the development. However, no Administrative Approval shall be required for new con·struction and new additions to existing buildings located in the R2, R3 and R4 Districts or for any new single-family homes or additions thereto in any zoning diStrict. A public hearing shall not be required for issuance of an Administrative Approva_l. An application for an Administrative Approval shall be in a fonn prescribed by the Zoning Administrator and shall be filed with the Plannirig and Zoning Division-pursuant to Part 9.04.20.20. (b) The Zoning Administrator shall issue an Administrative ··Approval if the proposed development conforms precisely to the development standards for the area and does not require discretionary review or approval as outlined in this Chapter. The Zoning Administrator shall deny the Administrative Approval only ifthe development is not in compliance with the development standards for the area as outlined in this Chapter. (c) The Zoning Administrator shall within ninety calendar days after a complete application has been filed, prepare a written decision which-shall contain the findings of fact upon -which such decision is based. A copy of the decision shall be mailed to the applicant at the address shown on the application within ten days after the decision is rendered. (Prior code § 9134.2; amended by Ord. No. 1732CCS § I 0, adopted 3/8/94; Ord. No. 2131CCS § 13, adopted 7/27/04; Ord. No. 2139CCS § 8, adopted 9/14/04; Ord. No. 2148CCS I, adopted 1/25/05)
Santa Monica Municipal Code 9.04.20.28.030 Term of permit. The Administrative -Approval shall expire if the rights granted are not exercised within one year, or if located in the -Coastal Zone, eighteen months, from the .date of approval. However, if the permit is for affordable housing or a mixed use project where housing units comprise at least seventy-five percent of the floor area of the project (collectively "housing project"), and the housing project has received City, State or Federal funding or is comprised of units at least fifty percent of which are deed-restricted to be affordable to low income households and the remainder of which are deed-restricted to be affordable to low or moderate income households,-in the absence of a time period established by the Planning Commission or City Council on appeal as a conditiqn. of granting the pem1it, the Administrative Approval shall expire if the rights granted are not exercised within three years, or if located in the Coastal Zone, three and one-half years from the effective date of permit approval. (a) Exercise of Rights. "Exercise of rights" shall mean actual commencement of the use granted by the permit, unless the permit is granted in conjunction with approval of new construction. If the Administrative Approval is granted in conjunction with approval of new construction, issuance of a building permit shall constitute exercise of rights under the Administrative Appr~JVal; provided, however, that, the Administrative Approval shall expire if: (1) The building permit expires; or (2) The rights granted under the Administrative Approval are not exercised within-one year following the earliest to occur of the following: issuance of a Certificate of Occupancy; or if no Certificate of Occupancy is required, the last required final inspection for the new construction. (b) Extension. If the applicant files an extension request with the Zoning Administrator in writingplior to expiration of ·the permit, the Zoning Administrator may administratively grant one six-month extension of the term of the Administrative Approval, or if the project includes.residential uses, a one-year extension ofthe.tenn of the Administrative Approval. (Prior code § 9134.3; amended by Ord. No. 1798CCS § 7, adopted 4/25/95) 9.04.20.28.040 Revocation. The Zoning Administrator may, or upon direction from the Planning Commission, revoke any approved Administrative Approval in accordance with the following procedures: (a) A revocation hearing shall be held by the Zoning Administrator. Notice of the hearing shall be published once in a neWspaper of general circulation within the City and shall be served either in person or by registered mail on the owner of the property and on the permit holder at least ten days prior to such hearing. The notice of hearing 512-1 9.04.20.28.030 (Santa Monica Supp. No. 45, 5-05)
Santa Monica Municipal Code · 9.04.20.28.040 shall contain a statement of the specific reasons for revoca-tion. , (b) After the hearing, an Administrative Approval may be revoked by the Zoning Administrator, or by the Planning Commission on appeal or review, if any one of the fo!Jowing findings are made: (I) That the Administrative Approval Permit was ob-tained by misrepresentation or fraud. . (2) That the use for which the Administrative Approval was granted has ceased or has been suspended for six or more consecutive calendar months.. (3) That the conditions ofthe permit have not been met,. or the permit granted is being or has recently been exercised contra!)' to the terms of the approval or in violation of a spe-cific statute, ordin'ance, .law or regulation. ' (c) A written determination of revocation of an Admin-istrative Approval shall be mailed to the property owner and the permit holder within I 0 days of such determination. (Prior code§ 9134.4) · 9.04.20,28.050 Appeals. The revocation of an Administrative Approval may b,t appealed to the Planning Commission if filed within 7 con-secutive calendar days of the date the revocation is made in-· the manner provided in Part 9.04.20.24. (Prior code§ 9134.5) Part 9.04.20.30 Enforcement 9.04.20.30.010 Purpose, This Part is intended to describe the role of appropriate City departments in enforcing this Chapter. Enforcement of the provisions of this Chapter and any entitlements by the City shall be diligently pursued in order to provide for their effective administration, to ensure compliance with the tenns and conditions of approval, to promote the City's Planning efforts and to protect the public health, safety, and general welfare. (Prior code§ 9150.1) 9.04.20.30.020 Responsibility, The Zoning Administrator shall have principal responsibil-ity for monitoring and enforcing the conditions and standards imposed on all land use standards and entitlements granted by the City pursuant to this Chapter. Any use or improvement which is established, operated, erected, moved, altered, enlarged, or maintained contrary to the provisions of this Chapter or any permit or approval issued pursuant to this Chapter is unlawful and shall be subject to all remedies avail-able by law. (Prior code§ 9150.2) 9.04.20.30.030 Violation of conditions of approval, No person shall fail to comply with the terms and condi-tions of any permit or approval issued pursuant to this Chap-ter or with any other ordinance relating to land use or devel-opment. This Section shall apply to any person, whether or not the person was the original applicant for the pennit or approval, and whether or not the person is the owner, lessee, licensee, agent, or employee, if the person has notice of the terms and conditions of the pennit or approval. (Prior code § 9150.3) 9.04.20.30.040 Each day separate violation, Each day that a person violates the provisions of this Chapter or the terms and conditions of any permit or approval as provided for in Section 9.04.20.30.030 shaH constitute a separate violation. (Prior code§ 9150.4) 9.04.20.30,050 Enforcement. In addition to any other remedy provided for by law, the Zoning Administrator may take the following action for any violation of this Chapter or of the terms and conditions of any permit or approval as provided for in Section 9.04.20.30.030: (a) Institute proceedings as provided for by this Chapter to revoke or" suspend any pemiit or approval; (b) Revoke the business license held by any violator as provided for in Section 9.04.20.30.060; (c) Impose an enforcement fee as provided for in Sec-tion 9.04.20.30.080; (d) Cause to be issued a citation as provided for in Sec-tion 9.04.20.30.090; (e) Request that the City Attorney take appropriate en-~ forcement action. Referral by the Zoning Administrator is not a condition precedent to any enforcement action by the City Attorney. (Prior code § 9150.5; amended by Ord. No. '1645CCS § 5, adopted 9122192) 513 9.04.20.30.060 Business license revocation or suspension. (a) Notwithstanding any other provision of this Code, the Zoning Administrator may suspend a business license for 30 days or less. or may revoke a business license issued pur-suant to Article 6 of the Code, if the holder of such business license has violated the provisions of this Chapter or the terms and conditions of any permit or approval as provided for in Section 9.04.20.30.030, in accordance with the proce-dure set forth in this Section. (b) Upon being notified of a second violation of this Chapter, or the terms-and conditions of any permit or ap-proval, within a three (3) year period from the date of the first violation, the Zoning Administrator shall notify the person that a third violation within such three (3) year period may_ result in the suspension or revocation of the person's business license. (c) Upon being notified of a third violation of this Chap-. ter, or the terms and conditions of any permit or approval within a three year period from the date of the first violation, the Zoning Administrator may notify the person of the revo-cation or suspension of the person's business license. (d) Any notice of revocation or suspension issued pur-suant to this Section shall be final upon the expiration of the appeal period if no appeal is timely filed or upon the decision of the Planning Commission if an appeal is filed. (Prior code § 9150.6; amended by Ord. No. 1645CCS § 5, adopted . 9122192) . 9.04.20.30,070 Right to appeal, Any. person may appeal the suspension or revocation of the business liCense in accordance with the follOwing proce-dures: (Santa Monica Supp. No. 36, 2-03)
9.04.20.30.070 Santa Monica Municipal Code (a) A notice of appeal. shall be filed with the Zoning Administrator within fourteen (14) days from the date of the notice of revocation or suspension. (b) The Planning Commission shall hold a hearing on the appeal within 60 days of the date of the filing of the ap-peal. The City shall give the appellant at least ten ( 1 0) days notice of the time and place of the hearing. The Planning Commission shall render a decision within 15 daY.s of the date of the hearing. · ~ (c) The decision of the Planning Commission shall be final except for judicial review and there shall be no appeal to the City Council. (d) Any notice revoking or suspending a business li-cense pursuant to this Section shall set forth the appeal rights as provided for in this Section. (Prior code§ 9150.7; added by Ord. No. 1645CCS § 5, adopted 9/22/92) 9.04.20.30.080 Enforcement fees. (a) An enforcement fee shall be paid to the City by each person who has violated the provisions of this Chapter or the terms and conditions of any permit or approval as provided for in Section 9.04.20.30.030. The purpose of this fee is to recover the costs of enforcement from any person who vio-lates the provisions ofthis Chapter or any permit or approval. (b) Fees shall be assessed as follows: ( 1) For the first violation, there shall be no fee. (2) For the second violation within a three (3) year pe-riod from the date of the first violation, the fee shall be $100.00. (3) For the third violation and each subsequent violation, the fee shall be $200.00; (c)· The Zoning Administrator shall cause to be issued a notice imposing fees under this Section. The notice shall pro-vide that the fee shall be due and payable within 15 days from the date of the notice. A penalty of ten percent per month shall be added to any fees that have not been paid when due. (d) Any person upon whom fees have been imposed pursuant to this Section may appeal the action in accordance with the following procedure: (1) A notice of appeal shall be filed with the Zoning Administrator within 10 days of the date of the notice. (2) At the time of filing the notice of appeal, the appel-iant shall deposit with the City Treasurer money in the amount of all fees due. If, as a result of the hearing, it is de-iermined that the City is not entitled to all or a portion of the money, the City shall refund to the person all or a portion of the money deposited. (3) The Planning Commission shall hold a hearing on the appeal within 45 days of the date of filing of the appeal. The City shall give the appellant at least five days notice of the time and place ofthe hearing. The Planning Commission shall render a decision within 15 days of the date of the hear-ing. The purpose ofthe hearing shall be limited to whether or not the violation occurred. (4) The decision of the Planning Commission shall be final except for judicial review and there shall be no appeal to the City Council. (5) Any notice issued pursuant to this Section shall set forth the appeal rights as provided for in this Section. (Prior (Santa Monica Supp. No. 36, 2-03) 514 code§ 9150.8; amended by Ord. No. 1645CCS § 5, adopted 9/22/92) 9.04.20.30.090 Citations. Pursuant to Penal Code Section-836.5, the Senior Zoning Inspector and Zoning Inspectors may .~rrest a person when-ever he or she has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his or her presence which is a violation of this Chapter or the terms and conditions of any permit or approval as provided for in Sec-tion 9.04.20.30.030. In any case in which a person is arrested pursuant to this Section and the person arrested does not de-mand to be taken before a· magistrate, the Senior Zoning In-spector or Zoning Inspector shall prepare a written notice "to appear and shall release the person on his or her ptomise to appear as provided for in Section 3.36.070 of this Code. (Prior code§ 9150.9; amended by Ord. No. 1645CCS § 6, adopted 9/22/92) 9.04.20.30.100 Criminal sanctions. ·No person shall engage in any use or activity or undertake '!flY development of property in contravention ofthis Chapter. Any P.erson violating this provision shall be guilty of an in-fraction' which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be pUnishable by a fine not exceeding one thousand dollars per violation, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and impris-onment. (Added by Ord. No. 2050CCS § I, adopted 7/23/02) Part 9.04.20.32 Yard Modification Permits 9.04.20.32.01 0 Purpose. A yard modification permit is intended to penn it a reduc· tion in the minimum side yard, rear yard, or building spacing, in order to accommodate housing developm~nt on the rear portion of lots in the OP-2, OP-3, and OP-4 zone districts where the front portion of the lot is occupied by an existing single family dwelling. Retention of existing single family dwellings is encouraged by allowing variations in selected property development standards for new dwellings. (Prior code§ 9151.1; amended by Ord. No. 1514CCS, adopted 2/27/90) . 9.04;20.32.020 Application. An application for a yard modification permit in the OP-2, OP-3, or OP-4 District shall be filed in a manner consistent with the requirements contained in Part 9.04.20.20. (Prior code§ 9151.2; amended by Ord. No. 1514CCS, adopted 2/27/90) 9.04.20.32.030 Applicability. The Zoning Administrator may grant a yard modification permit for a project in the OP-2, OP-3, or OP-4 District ac-cording to the following minimum standards for lots where there is an existing single family dwelling: (a) Minimum Side Yard. The minimum side yard set-back shall be 3 feet, if privacy, sunlight, and air circulated are not jeopardized for neighboring land uses· or future project .occupants.
Santa Monica Municipal Code 9.04.20.32.030 (b) Minimum Building Spacing. The minimum spacing between the eXisting single family dwelling and new housing, or between two new structures on the lot, shall be ten feet. (c) l\'Iinimum Rear Yard. The minimum rear yard setback shall be five feet for lots without alley access. The minimum rear yard setback for lots with alley access shall be not less than fifteen feet from the centerline of the alley .. (d) Architectural Compatibility. New housing should be designed· to ·be compatible in scale, character and use of materials with the existing single family dwelling. (e) Retention of Single Family Dwelling. The existing single family dwelling shall be retained and will not undergo a substantial remodel. (Prior code§ 9151.3; amended by Ord. No. 1514CCS, adopted 2/27/90) 9.04.20.32.040 Hearings and notice, Subject to the provisions of Section 9.04.20.22.020, upon receipt in proper form of a Yard Modification Permit Application, a public hearing before the Zoning Administrator shall be set in accordance with the Permit Streamlining Act, Government Code Section 65920 et seq. or any successor legislation thereto, and notice of such hearing shall be given to all property oWners and tenants within three hundred feet of tp_e exterior boundaries of the property involved -in a manner consistent with Part 9.04.20.22. (Prior code § 9151.4; amended by Ord. No. 1514CCS, adopted 2/27/90; Ord. No. 2139CCS § 9, adopted 9/14/04) 9.04.20.32.050 Findings. Fallowing a public hearing, the Zoning Administrator shall prepare a written decision which shall Contain the findings of fact upon which such decision is based. The Zoning Administrator, or Planning Commission on appeal, may approve a Yard Modification Permit application in whole or in part, with or without conditions, if all of the following findings of fact can be made in an affirmative manner: (a) That the character and scale of the existing single family house is substantially preserved. (b) The granting of such permit will not be detrimental or injurious to the property or improvements in· the general vicinity and district in which the property is located. (c) The yard modification would not impair the integrity and character of the district in which it is to be located. (d) The subject site is physically suitable for the proposed yard modification. (e) There will be adequate provisions for public access to serve the subject yard modification proposal. (Prior code § 9151.5; added by Ord. No. 1514CCS, adopted 2/27/90) 9.04.20.32.060 Term of permit. The Yard Modification Permit shall expire if the rights granted 8;re not exercised within the period established by the Zoning Administrator or Planning Commission on appeal as a condition of granting the Yard Modification Permit, or, in the absence of such established time period, either within one year, or iflocated in the Coastal Zone, eighteen months, from the date of permit approval. However, if the permit is for affordable housing or a mixed use project where housing units comprise at least seventy-five percent ofth{{ floor area of the project (collectively "housing project"), and the housing project has received City, State or Federal funding or is comprised of units at least fifty percent of which are deed-restricted to be affordable to low income households and the remainder of which are deed-restricted to be affordable to low or moderate income households, in the absence of a time period established by the Planning Commission or City Council on appeal as a condition of granting the permit, the Yard Modification Permits hall expire ifthe rights granted are not exercised within three years, or if located in the Coastal Zone, three and one-half years from the effective date of permit approval. (a) Exercise of Rights. "Exercise of rights" shall mean actual commencement of the use granted by the permit, unless the permit is granted in conjunction with approval of new construction. If the Yard Modification Permit is granted in conjunction with approval of new construction, issuance of a building permit shall constitute exercise of rights under the Yard Modification Permit; provided, however, that, unless othetwise specified as a condition of project approval, .the Yard Modification Permit shall expire if: (1) The building permit expires; or (2) The rights granted under the Yard Modification Permit are not exercised within one year following the earliest to occur of the following: issuance of a Certificate of Occupancy; or if no Certificate of Occupancy is required, the last required final inspection for the new construction. (b) Extension. If the applicant files an extension request with the Zoning Administrator in writing prior to expiration of the permit, the Zoning Administrator may administratively grant one six-month extension of the term of the Yard Modification Permit, or ifthe project includes residential uses, a one-year extension of the term of the Yard Modifica,tion Permit. (Prior code§ 9151.6; amended by Ord. No. 1514CCS, -adopted 2/27/90; Ord. No. 1798CCS § 8, adopted 4/25/95) -515 9.04.20.32.070 Revocation. The Zoning Administrator may, or upon direction from the Planning Commission, revoke any approved Yard Modification Permit in accordance with the following procedures: (a) A revocation hearing shall be held by the Zoning Administrator. Notice of the hearing shall be published once in a newspaper of general circulation within the City' and shall be served either in person or by registered mail on the owner of the property and on the permit holder at least ten days prior to such hearing. The notice of hearing . shall contain a statement of the specific reasons for revocation. (b) After the hearing, a Yard Modification Permit may be revoked by the Zoning Administrator, or by the Planning Commission on appeal or review, if any one of the following findings are made: (1) That the Yard Modification Permit was obtained by misrepresentation or fraud. (Santa Monica Supp. No. 59, 2-.09)
9.04.20.32.070 Santa Monica Municipal Code (2) That the use for which the Yard Modification Permit was granted has ceased or has been suspended for six or more consecutive calendar months. (3) That the conditions of the permit have not been met, or the permit granted is being or has recently been exercised contrary to the terms'-of the approval or in violation of a specific statute, ordinance, law or regulation. (c) A written determination of revocation of Permit shall be mailed to the propenty owner and the permit holder within ten days of such determination. (Prior code § 9151.7; amended by Ord. No. 15!4CCS, adopted2/27/90) 9.04.20.32.080 Appeals. The approval, conditions of approval, denial, or revocation of a Yard Modification Permit may be appealed to the Planning Commission if filed within fourteen consecutive calendar days to the date the decision is made in the manner provided in Part 9.04.20.24. (Prior code§ 9151.8; amended by Ord. No. 1514CCS, adopted 2/27/90) Part 9.04.20.34 Adjustments 9.04.20.34.010 Purpose. An adjustment is intended to permit minor variations where practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this Chapter would occur from its stiict literal interpretation and enforcement. Adjustments are modifications of lesser significance than variations allowed by variance. (Prior code§ 9152.1; added by Ord. No. 1612CCS § 7, adopted 1/14/92) 9.04.20.34.020 Application • . Application for an adjustment shall be filed in a manner consistent with the requirements contained in Part 9.04.20.20, Sections 9.04.20.20.010 through9.04.20.20.060. (Prior code§ 9152.2; added by Ord. No. 1612CCS § 7, adopted 1/14/92) 9.04.20.34.030 Applicability. The Zoning Administrator may grant an adjustment from the requirements of this Chapter to: (a) Allow modification of parcel coverage regulations by up to five percent of the total lot area for additions to existing structures; (b) Allow modification of the number of required parking spaces by up to one percent of the number of required spaces; (c) Allow the modification offence heights by up to one foot; (d) Allow the modification of side yard setback requirements by up to six inches, but in no case resulting in a setback of less than four feet; (e) Allow the modification of building heights by up to six inches on parcels which have a grade differential of five feet or more, as measUred from either any point on the front parcel line to any point on the rear parcel line, or from any point on a side parcel line to any point on the opposing side parcel line; (Santa Monica Supp. No. 59, 2-09) 516 (f) Allow a garage accessory building to extend up to the rear property line of the parcel on which it is located where otherwise prohibited; (g) Allow a building to retain nonconforming setbacks when substantially remodeled provided all of the following criteria are met: (I) The nonconformity ofthe setback(s) and building may not be increased, (2) At least thinty-five percent of the exterior walls ofthe building subject to the adjustment shall remain as defined in Section 9.04.02.030, (3) There has been no prior additioll under this Section; (h) Allow a building to retain nonconforming setbacks when substantially remodeled provided that the applicant demonstrates that all of the following criteria are met: (I) The exterior walls are required to be replaced due to concealed structural damage caused by dry rot, tennites, or other factors, · (2) The structural damage was unforeseeable through reasonable due diligence prior to the issuance of a building permit for the alteration or addition, (3) The structural damage was only discovered during the course of construction, ( 4) The structural damage was verified after inspection by the Building Officer or designee, while the damaged exterior walls are still in place, and The criteria established by this subsection (h) shall be in lieu of the findings otherwise required by Section 9.04.20.34.060. (Prior code § 9152.3; added by Ord. No. 1612CCS § 7, adopted 1/14/92; amended by Ord. No. 1664CCS § 1, adopted 1/26/93; Ord. No. 1826CCS § 2, adopted 11/7/95; and Ord. No. 2278CCS § 3, 11/25/08) 9.04.20.34.040 Notice of application. (a) Within fourteen consecutive calendar days after determination that an application is complete, the Zoning Administrator" shall give notice of the application by mail, postage prepaid, to all owners and residential and commercial tenants of property within a radius of one hundred feet from the exterior boundaries of the property involved in the application. For this purpose, the last known name and address of each property owner as Contained in the records of the Los Angeles County Assessor shall be used. The address of the residential and commercial tenants determined by visual site inspection or other reasonably accurate means. The applicant shall provide a list of property owners and tenants within the prescribed area of notification and shall sign an affidavit verifying that the list has been prepared in accordance with the procedure outlined in this Section. (b) All notices ofan application for an adjustment shall state the nature of the request, the location of the property, and the manner in which additional information may be received. The notice shall also state that the deadline in which to fequest a public hearing is fourteen days from the mailing of the notice of application for an adjustment. (Prior code§ 9152.4; added by Ord. No. 1612CCS § 7, adopted 1/14/92)
Santa Monica Municipal Code 9.04.20.34.050 Request for public hearing. Any person receiving notice pursuant to Section 9.04.20.34.040 may, within fourteen consecutive calendar days after the date of the notice, request that a public hearing be conducted. Such request must be in writing and received by the Zoning Administrator within the time indicated. If a request is timely made, a public hearing shall be held within forty-five consecutive calendar days of receipt of the request. Notice of such hearing shall be given in the manner provided in Section 9.04.20.34.040. (Prior code § 9152.5; added by Ord. No. 1612CCS § 7, adopted 1/14/92) 9.04.20.34.060 Review and findings. Within fourteen consecutive calendar days following a public hearing or expiration of the time in which to request a hearing pursuant to Section 9.04.20.34.050, the Zoning Administrator shall prepare a written decision which shall contain the findings of fact upon which such decision is based. The Zoning· Administrator may approve an adjustment application in whole or in part, with or without conditions, if all of the following findings are made: (a) There are special circumstances or exceptional characteristics applicable to the property involved, including size, shape, topography, location, or surroundings, or 516·1 9 .04.20.34.050 (Santa Monica Supp. No. 59, 2-09)
Santa Monica Municipal COde 9.04.20.34.060 to the intended use oi development of the property that do not apply to other properties in the vicinity under an identical zoning classification. · (b) The granting of such adjustment will not be detrimental nor injurious to the property or improvements in the general vicinity and district in which the property is located. (c) The strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships, not including economic difficulties or economic hardships. (d) The granting of an adjustment will not be contrary to nor in conflict with the general purposes and intent of this Chapter, nor to the goals, objectives, and policies of the General Plan. (e) The adjustment would not impair the integrity and character of the district in which it is to be located. (f) The subject site is physically suitable for the proposed adjustment. (g) There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed adjustment would not be detrimental to public health and safety. (h) For the reduction of the automobile parking space requirements, the reduction is based and conditioned upon an approved parking reduction plan that incorporates transportation control measures that have been demonstratt;!d to be effective in reducing parking needs and that are monitored, periodically reViewed for continued effectiveness, and enforced by the City as contained in Section 9.04.10.08.050 of this Chapter. (i) All the above specified requirements need not apply to adjustments Which the Zoning Administrator finds are essential or desirable to the public convenience or welfare and are not in conflict with t~e General Plan and where the granting of the adjUstment wil1 not be·materially detrimental nor injurious to property or improvements in the generaL vicinity and district in which the property is located. U) The strict application of the provisions of this Chapter would result in unreasonable deprivation of the use or enjoyment of the property. (Prior code§ 9152.6; added by Ord. No. 1612CCS § 7, adopted 1/14/92) 9.04.20.34.070 Appeals. The approval, conditions of approval, denial, or revocation of an adjustment inay be appealed to the Planning Commission within fourteen consecutive calendar days of the date the decision is made, in the manner provided in Part 9.04.20.24, Sections 9.04.20.24.010 through 9.04.20.24.050. (Prior code § 9152.7; added by Ord. No. 1612CCS § 7, adopted 1/14/92) 9.04.20.34.080 Term of permit. The adjustment shall expire if the rights granted are not exercised within the period established by the Zoning Administrator or the Planning Commission on appeal as a condition of granting the adjustment," or, in the absence of such established time period, either within one year, or if located in the Coastal Zone, eighteen months, from the 517 e.ffective date of permit approval. However, if the permit is for affordable housing or a mixed use project where housing units comprise at least seventy-five percent of the floor area of the project (collectively "housing project"), and the housing project 'has ~eceived City, State or Federal funding or is compris~d of units at least fifty percent of which .are deed-restricted to be affordable to low income households and the remainder of which are deed-restricted to be affordable to low or moderate income households, in the absence of a time period established by the Planning Commission or City Council on appeal as a condition of granting the pennit~ the adjustment shall expire if the rights granted are not exercised within three years, or iflocated in the Coastal Zone, three and one-half years from the effective date of permit approval. (a) Exercise of Rights. "Exercise of rights" shall mean actual commencement of the use granted by the pennit, unless the permit is granted in conjunction with approval of new construCtion. If the adjustment is granted in conjunction with approval of new construction, issuance of a building permit shall constitute exercise of rights under the adjustment; provided, however, that, unless otherwise specified as a condition of project approval, the adjustment shall expire if: (I) The building permit expires; or (2) The rights granted under the adjustment are not exercised within one year following the earliest to occur of the fo11owing: issuance of a Certificate of Occupancy; or if no Certificate of Occupancy is required, the last required final inspection for the new construction. . (b) Extension. If the applicant files an extension request with the Zoning Administrator in writing prior to expiration of the permit, the Zoning Administrator may administratively grant one six-month extension of the term of the adjustment, or ifthe project includes residential uses, a one-year extension of the term of the adjustment. (Prior code§ 9152.8; added by Ord. No. 1612CCS § 7, adopted 1114/92; Ord. No. 1798CCS § 9, adopted 4/25/95) 9.04.20.34.090 Revocation. The Zoning Administrator may, in his or her own discretion, or upon direction from the Planning Commission,: revoke any approved adjustment in accordance with the procedures set forth in Section 9.04.20.10.070. (Prior code§ 9152.9; added by Ord. No. 1612CCS § 7,, adopted 1114/92) Chapter 9.08 REPORT OF RESIDENTIAL BUILDING RECORDS* Sections: 9.08.010 9.08.o20 9.08.030 9.08.040 9.08.050 9.08.060 Intent. Scope. Definitions. Report required. Application. Delivery of report. {Santa Monica Supp. No. 47, 11-05)
9.08.010 . Santa Monica Municipal Code 9.08.070 9.08.080 Criminal sanctions. Validity of sale * Prior history: Prior code Sections 9201 through 9205: -Ord." No. 826CCS, adopted 1/13170; Ord. No. 1099CCS, adopted 7/25178; Ord. No. 1732CCS, adopted 3/8/94, 9.08.010 Intent. Pursuant to Article 6.5 (Commencing with Section 38780), Chapter 10, Part 2, Division 3, Title 4 of !he-Government Code of the State of California, it is the in len! of the City Council to assure that the grantee of a residential building within the City shall be furnished a report of matters of City record pertaining to the authorized use, occupancy and zoning classification of real property prior to s<ile or exchange. It is the further intent to protect the unwary buyer of residential property against undisclosed restrictions on the use of the · property. (Added by Ord. No. 2165CCS § 7 (part), adopted 8/9/05) 9.08.020 Scope. This Chapter shall apply to ail residential buildings as defined herein except for the first sale of a residential building located in a subdivision whose final map has been approved and recorded in accordance with the Subdivision Map Act not more than two years prior to the first sale. (Added by Ord. No. 2165CCS § 7 (part), adopted 8/9/05) 9.08.030 Definitions .. (a) "Owner" shall mean any person,, copartnership, association, corporation or fiduciary having legal or equitable title or ariy interest in any real property. (b) "Residential building" shall mean any improved real property designed or pennitted to be used for dwelling purposes, situated in the City and shall include the building or structures located· on said improved real property. (c) "Agreement of sale" shall mean any agreement or written instrument which provides that title to any property shall thereafter be transferred from one owner to another owner. (Added by Ord. No. 2165CCS § 7 (part), adopted 8/9/05) 9.08.040 Report required. Prior to entering into an agreement of sale or exchange of any resid(mtial building, ·the owner or his/her authorized representative· shall obtain from the City a report of the residential building record showing the regularly authorized use, occupancy, and zoning classification of such property. This report may be used by the owner or the owner's authorized representat"ive to meet the requirements of this chapter for a period of six months from the·date of issuance by the City. (Added by Ord. No. 2165CCS § 7 (part), adopted 8/9/05) 9.08.050 Application. Upon application of the. owner or his/her"autho.rized agent and the payment to the City oflhe designated fee, the Building Officer shall review pertinent City records and deliver to the applicant a report of residential building records which shall contain the following information insofar as it is available. (Santa Monica Supp. No. 47, 11-05} 518 (a) The street address and legal description of subject property. (b) The zone classification and authorized use as set forth in this Code .. (c) The occupancy as indicated and established by permits of record. (d) Variances, conditional use permits, exceptions, and other pertinent legislative acts of record, and (e) Any special restrictions in use or development which may apply to the subject property. (Added by Ord. No. 2165CCS § 7 (part), adopted 8/9/05) 9.08.060 Delivery of report. The report of residential building record shall be delivered by the owner, or the authorized designated representative of the owner to the bUyer or transferee of the residential building prior to the consummation of the sale or exchange. (Added by Ord. No. 2165CCS § 7 (part), adopted 8/9/05) 9.08.070 Criminal sanctions. It shall be unlawful for the owner of a residential building to sell or exchange a residential building :without first having obtained and delivered to the buyer a report of residential building record in accordance with the requirements of this Chapter. (Added by Ord. No. 2165CCS § 7 (part), adopted 8/9/05) 9.08.080 Validity of sale No sale or exchange of residential property shall be invalidated solely because of the failure of any person to comply with any provision of this Chap"ter unless sUch failure is an act or omission which would be a valid ground for rescission of such sale or exchange in the absence of this Chapter. (Added by Ord. No. 2165CCS § 7 (part), adopted 8/9/05) . Chapter 9.12 PLANNING, ZONING AND LAND USE FEES Sections: 9.12.010 Planning, zoning and land use fees. 9.12.010 Planning, zoning aDd land use fees. (a) The City Council shall establish by resolution fees for the filing and processing of applications and appeals, and any documents necessary therefor, for any approval required to be·. obtained from the Planning Director, Zoning Administrator, Planning Commission, Landmarks Cormnission, Architectural Review Board, or City Council in connection with any planning, zoning, land use or any permit or approval required by Article 9 of this Code. (b). No application or appeal shall be filed or processed until the fee has been paid as provided for in any resolution adopted pursuant to subsection (a). (c) Any resolution pursuant to subsection (a) shall govern over any conflicting provision contained in any ordinance adoPted prior to the effective date of this Section. (Prior code · § 9210; added by Ord. No. 1437CCS, adopted 4112/88)
Santa Monica Municipal Code 9.16.010 Chapter 9.16 TRANSPORTATION MANAGEMENT* Sections: 9.16.010 9.16.020 9.16.030 9.16.040 9.16.050 9.16.060 9.16.070 9.16.080 9.16.090 9.16.100 9.16.110 9.16.12.0 9.16.130 9.16.140 Findings. Purpose and objectives. Definitions. Applicability. Transportation fee. Deposit and use of fees. Contents of emission reduction plans. Requirements for employers of ten to forty-nine employees. Procedures for ~ubmission of emission reduction plans and worksite transportation plans. Transportation management associations (TMAs). Developer emission reduction plans. Procedure for submission of developer plans. Enforcement. Administrative appeals. * Prior history: Prior code Sections 9220 through 9234; Ord. No. 1604CCS, adopted 11112/91; Ord. No.1679CCS, adopted 3/30/93; Ord. No. 1698CCS, adopted 8/10/93; Ord. No. 1708CCS; adopted 10/26/93; Ord. No. 1787CCS, adopted 2/14195. 9.16.010 Findings. The City Council finds and declares: (a) Expected growth in population and employment opportunities in the City will be accompanied by concontitant increases in traffic congestion. (b) Transportation and traffic studies project that future traffic levels on s~ace streets will be severe unlesS measures are taken to reduce commute hour tr3ffic levels. (c) Air quality studies indicate that ozone and carbon monoxide concefltrations exceed State and Federal standards some days in the City. (d) Traffic along some major routes in the City has or is expected to reach level of service "F' during peak hours, indicating conditions where excessive delays develop repeatedly due to vehicles aniving at rates greater than capacity and where emergency vehicle travel is impeded. (e) New development and major additions to existing development by the year 2010 will have an adverse impact on the ~xisting transportation systems by adding approximately seventeen thousand trips to the existing demand of over twenty thousand p.m. peak-hour trips from nonresidential land uses. (f) The City's General Plan calls for formation of a plan to implement the transportation management policies of the CirculatiOn Element, an uncongested traffic circulation system, energy conservation. and maintenance of noise and air quality levels within established standards. (g) The transportation system is impacted citywide by the traffic and parking requirements of development. 519 (h) Transportation systems management, transportation demand management and transportation facility development strategies can improve service and operations to increase mobility and the general efficiency of the system. These strategies encompass traffic operations, ridesharing and bicycle iPiprovements as well as transit planning and management of the system. These strategies enhance vehicle flow or shift demand on an existing transportation facility and can be effective to mitigate negative effects of transportation, such as air. quality, energy use and' noise levels. (i) Reduction of congestion and the time. of commute trips will improve the quality of life in the City and improve quality and level of access for residents and employees and patrons of local businesses. (j) Coordination of transportation systems management, transportation demand management and transportation facility development strategies with· o_ther cities and counties in the region and through regional agencies will assist in meeting the goals of this Chapter. (Added by Ord. No. 1847CCS § 1 (part), adopted 4/23/9(,) 9.16.020 Purpose and objectives. The purpose and objectives of this Chapter are to establish an entission reduction plan that will: (a) Allow for any growth perntitted by the land nse plans of the City while minimizing peak-hour automobile commute trips from new and existing places of employment. (b) Reduce traffic impacis wilhin the community and region through a reduction in the number of vehicular trips and total vehicle ntiles traveled. (c) Reduce the vehicular air pollutant emissions, energy usage and ambient noise levels through a reduction in the number of vehicular trips, total vehicle ntiles traveled and traffic congestion. (d) Ensure City compliance with South Coast Air Quality Management District Rule 2202, and require employers both to meet Rule 2202 entission reduction targets and to achieve City traffic objectives. · (e) Achieve a commuter average vehicle ridership of 1.50 or the equivalent in emission reductions within one year for employers of one hundred employees or more. (f) Achieve citywide commuter average vehicle ridership of 1.50 or the equivalent in emission reductions within three years. (g) Maintain levels of service on streets and intersections during peak hours at or below capacity for as long a period of time as feasible. (h) Prevent levels or' service on streets and intersections that have not reached level of service "E" during peak hours from reaching that level. (i) Improve levels of service on streets and intersections that have already reached level of service "E" during peak. hours. (j) Minintize the percentage of employees traveling to and from work at the same time and during peak-hour periods in singlewoccupant vehicles. . (k) Assist in attainment of the requirements of the Federal Clean Air Act. (I) hnplement several air quality control measures requiied of local governments by the 1991 Air Quality Management (Santa Monica 9-00)
9.16.020 Santa Monica Municipal Code Plan adopted by the South Coast Air Quality Management District and subsequent updates. (m) Promote and increase work-related transit use, ridesharing, walking and bicycling to minimize parking needs and to protect Critical intersections from severe overload. (n) Decrease the govermnent cost of transportation and parking facility construction and improvements. ( o) Maximize the use of commute modes other than the single-occupancy vehicle through transportation systems management, transportation demand mariagement and transpor-tation facilities development. (Added by Ord. No. 1847CCS § 1 (part), adopted 4/23/96) 9.16.030 Definitions. · The following words and phrases shall have the following meanings when used in this Chapter: Audit. A selective inspection by the City of an employer's activities related to the fulfilhnent of ongoing implementation and ffionitoring of an approved emission redUction plan. Average Vehicle Ridership (A VR). The total number of employees who report to or leave the worksite or another job-related activity during the peak periods divided by the number of vehicles dtiven by these employees over that five-day period. The A VR calculation requires that the five-day period must represent the five days during which the majority of employees are scheduled to arrive at the worksite. The hours and days chosen must be consecutive. The averaging period cannot contain a holiday and shall represent a normal situation so that a projection of the average vehicle .ridership during the year is obtained. An example of morning A VR using a weekly averaging period for an employer with three hundred employees all reporting to work weekdays between six a.m. and ten a.m. is: EmploYees reporting to work: Monday · 300 Tuesday 300 Wednesday 300 Thursday 300 Friday 300 Total 1,500 Number of vehicles dtiven to the worksite by these employ-ees: Monday 270 Tuesday 250 Wednesday 280 Thursday 265 Friday 262 Total 1,327 1n this example, A VR is arrived at by dividing the number of employees reporting to work between six a.m. and ten a.m. during the week (one thousand five hundred) by the number of vehicles driven to the worksite between the same hours during the week (one thousand three hundred twenty-seven): (Santa MOnica 9·00) 520 1500 = 1.13 AVR 1327 A similar calculation is required for obtaining the afternoon peak period A VR for commute trips to and from the worksite between three p.m. and seven p.m. A VR Target. TheA VR that an emission reduction plan is designed to achieve for a particular worksite. The A VR target for worksites in Santa Monica is 1.5 A VR. A VR Verification Method. A method approved by the City' sTransportation Management Coordinator for detemtining an employer's current A VR. A VR Window. The period of time comprised of both hours and days used to calculate A VR (i.e., six a.m. to ten a.m. and three p.m. to seven p.m.). Carpool. A motor vehicle occupied by two or more perso!lS t:raveling together to and from the worksite for the majority (at least fifty-one percent) of the total commute. Conunute.. Trip. A borne-to-work or work-to-home trip. Compliance Inspection. An unannounced inspection by the City of an employer's activities related to the fulfilhnent of ongoing implementatiori and monitoring of an approved emission reduction plan. Compressed WorkWeek. This applies to employee(s) who, as an alternative to completing the basic work requirement in five eight-hour workdays in one week are scheduled in a manner which reduces vehicle trips to the worksite. The recognized compressed work week schedules for purposes of Chapter 9.16 of the Municipal Code are thirty-six hours in three days (3/36), forty hours in four days ( 4/40), or eighty hours in nine days (9/80). Consultant ETC. A person that meets the requirements of and that serves as an ETC at a single worksite for an employer other than the consultant ETC's employer. Developer. Any person responsible for development of a non-residential development prOject that will result in ten or more peitk period trips. Disabled Employee. An individual with a physical or mental impainnent which prevents the individual from comply-ing with the employer's emission reduction plan. Emission Reduction Plan (ERP). A plan intended to reduce emissions related to employee commutes and to -meet a Works~te specific emission reduction target for the subsequent year. Emission Reduction Plan Appeals Board (ERP Appeals Board). The administrative review body for decisions of the City's Transportation Management Coordinator. The ERP Appeals Boaid shall consist of the Transportation Planning Manager, the Director ofPlanning and Community Develop-ment, and an at-large member appointed by the City Council. The Transportation Planning Manager and the Director of Planning and Community Development may designate an employee from his or her division or department as his or her representatiVe. Emission Reduction Target (ERT). The annual VOC, NOx and CO emissions required to be reduced based on the number of employees per worksite and the employee emission reduction factor. Employee. Any person employed by a person(s), firm, business, educational institution, nonprofit agency or corpOra-
Santa Monica Municipal Code 9.16.030 t:ion, government agency or other entity who reports to work at a single ·worksite for six months or more, excluding paid resident students working on a school campus. Temporary employees, part-time employees, field construction workers and independent contractors shall be treated as defined. Employee Transportation Coordinator (ETC). ·The designated person, with appropriate training as approved by the City who is responsible for the development, implementa· lion and monitoring of the employee trip reduction plan. The ETC niust be at the worksite a minimum of fifteen hours per week or have a certified on-site coordinator at the worksite a minimum of fifteen hours per week. All worksite-related information must be kept at the worksite. Employee transporta-tion coordinators shall participate in City-sponsored workshops and information roundtables. Employee Trip Reduction Plan (ETRP). A plan for implementation of strategies that are designed to reduce employee commute trips during the A VR windows. Employer. Any public or private employer, including the City of Santa Monica, having a permanent place of business in the City and employing ten or more employees. Field Construction Worker. An employee who reports directly to work at a construction site outside the City of Santa Monica for the entire day, an average of at least six months out of the year. These employees will not. be calculated in the A VR, but shall count as part of employee population when figuring the employer annual impact fee. Holiday. Those days designated as national or State holi-days, or religious or other holidays in which more than ten percent of the employee population observes by not reporting to work. These days shall not be included in the A VR survey week. Independent Contractor. An employee who enters irtto · a direct written coritract or agreement With an employer to perform certain services and is not on the employer's payroll. These employees shall be treated as temporary employees. Level of Service (LOS). A term to describe prevailing and projected traffic conditions on a roadway and is expressed by delay and the ratio of volume/capacity (ViC). Six levels of service are designated "A"· through "F." "A" describes a free flowing condition and "F' describes forceq traffic flow conditions with-S~vere capacity deficiencies and delayS. This definition is based on the Highway Capacity Manual Transpor-tation Research Board SR 209 (1985). Low Income Employee. An individual whose salary is equal to or less than the current individual income level set in California Code of Regulations, Title 25, Section 6932, as lower income for the county in which the employer iS based. Higher income employees may be considered to be "low-income". if the employee demonstrates that the plan disincentive would create a·substantial economic burden. Monitoring. The techniques used to assess progress towards complying with the transportation management plan. Multi-Site Employer. Any employer which has more than one worksite within the City of Santa Monica, or more than one worksite in the South Coast Air Basin with one or more of those sites located in the City of Santa Monica. Multi· Tenant Worksite. A structure, or group of structures, OJ.l one worksite where more than one employer conducts a business. 521 On-Site Coordinator. An employee who serves as on-site contact for employees at a worksite served by a consultant ETC, or for an employer with more than one worksite located in the City of Santa Monica. Parking Cash-Out. Assembly Bill 2109 that requires employers with fifty or more employees who lease their parking and subsidize all or part of that parking to implement a parking cash-out program. Employers who fall under the purview of parking cash-out must offer their employees the option to give up their parking spaces and receive a cash subsidy in an amount equal to the cost of the parking space. Employers who are subject to parking cash-out requirements must imple-ment a parking cash-out plan. Employers who do not imple-ment a parking cash-but plan will have their emission reduction plans disapproved. Part-Time Employee. Any employee who reports to a worksite·on a part-time basis f~wer than thirty-two hours per week, but more than four hours per week. These employees shall be included in the A VR calculations of the employer provided the employees report to or leave the worksite during the A VR window. Peak Period. In the morning, the peak penod includes the hours from six a.m. to ten a.m. In the evening, the peak period includes the hours from three p.m. to seven p.m .. Peak Period Trip. An employee's comniute trip that begins or ends at the worksite or a work related trip within the peak period, Pedestrian Oriented Use. A use which is intended to encourage walk-in customers and which generally does not limit the number of customers by requiring appointments or otherwise excluding the genenil public. Such uses may include, but not be limited to, neighborhood commercial uses, retail uses, cultural uses, restaurants, cafes and banks. Performance Target Zone. A geographic area that deter-mines the employee emission r~uction factor for a particular worksite. Santa Monica is located in Zone 2. Preferential Parking. Parking spaces designated or assigned for carpool and vanpool vehicles ca,rrying commute passengers on a regular basis and are provided at a reduced cost and/or in a location more convenient to a place of employment than parking spaces provided for single occupant vehicles. Remote Sensing. An emissions reduction strategy in which gross, polluting vehicleS are identified by exhaust gas analyzers; Remote sensors measure absorption changes in. the infrared or ultraviolet light spectrum and correlates that change to · exhaust emission levels. Emission reductions resulting from the subsequent repair of the identified vehicles can be used to meet commute emission reduction targets. Ridesbaring. Any mode of transportation other than a single occupancy vehicle that transports one or more persons to a worksite. South Coast Air . Quality Management District (SCAQMD). The air quality control agency that monitors and enforces air quality regulations in _Los Angeles, Orange, Riverside and San Bernardino Counties. Telecommuting. Any employee(s) working at home, off-site, or at a telecommuting center for a full work day, eliminat-ing the trip to work of reducing travel distance by more than fifty percent. ~Santa Monica 9-00)
9.16.030 Santa Monica Municipal Code Temporary Employee. Any person employed by an employment service or a "leased, employee. that reports to a worksite other than the employment service's worksite, uoder a contractual arrangement with a temporary employer. Tempo-rary employees are counted as employees of the employment service for purposes of calculating A VR. Temporary employees reporting to the worksite of a temporary employer for a consecutive period of more than six months shall count as an employee of the temporary employer and shall be calculated in the A VR. The temporary employee shall also be considered an employee when figuring the employer annual impact fee. Temporary Employer. Any employer who "leases" an employee from an employment service. or who hires an independent contractor as defined. . Training Provider. A person, firm, business, educational institution, nonprofit agency or corporation or other entity which meets requirements and is certified by the Executive Officer of the South Coast Air Quality Management District and the City of Santa Monica's Transportation Management Coordinator to provide training, as required by Chapter 9.16 of the Municipal Code, to employee transportation coordinators (ETCs). Transportation Demand Management ("TDM''). The implementation ofstrategies that will encourage individuals to either change their mode of travel to other than a single occupancy vehicle, ·reduce trip length, eliminate the trip altogether, or commute at other than peak periods. Transportation Facility Development ("TFD"). Construe· tion of major capital improvements to a highway or transit system or installation of operating equipment that includes new construction of the existing system or construction of a new system. Transportation Management Association (''TMA"). A group formed so that employers, employees and developers can collectively address community transportation related problems: Transportation management associations may be formed to implement TDM, TSM, and/or TFD strategies in employment clusters or at multi-tenant worksites. The primary function of a TMA is to pool resources to implement solutions to commuter~related congestion problems in conjunction with the City transportation coordinators. The City may identify employment clusters or multi~tenant worksites where an employer organization such as a TMA should be formed. Transportation System Management (''TSM''). Strategies · designed to iinprove traffic flow through modifications in, or coordination of, the operatiOn of existing facilities. Trip Reduction. The reduction in single occupant vehicle trips by private or public sector programs used during peak periods of commuting. V anpool. A van or similar motor vehicle in which seven or more persons commute to and from the· worksite. Vehicle. A passenger car or truck used for commute purposes including any motorized two wheeled vehicle. Vehicles shall not include bicycles, transit vehicles, buses serving multiple worksites, or vehicles that stop only to load or unload passengers or materials at a worksite while on route to other worksites. Work Place or Worksite. A building, part of a building, or grouping of buildings located within the City which are in actual physical c 0 ntact or separated solely by a private or public roadway, and are owned or operated by the same (Santa Monica 9-00) 522 employer. Employers may opt to treat more than one structure, building, or grouping of buildings as a single. worksite even if they do not have the above characteristics if they are owned or leased by the same employer, and are wholly located within the City of Santa Monica. Structures that are located more than one-half mile away from each other must have a certified E.TC or on-site coordinator at each site. Worksite Transportation Plan (''WTP"). A plan for implementation of marketing strategies designed to provide employees with information about alternative comniute options required by employers of ten to forty-nine employees. Zero Emission Vehicle (ZEV). A motor vehicle, as certified by the California Air Resources Board (CARB), which emits no tail pipe pollutants. Currently, the only vehicle that meets the ZEV standard is the electric vehicle. (Added by Ord. No. 1847CCS § 1 (part), .adopted 4/23/96; arnended by Ord. No. 1938CCS § 1, adopted 3123/99; amended by Ord. No. 1983CCS § 1, adopted 8/8/2000) 9.16.040 c Applicability. This Chapter shall apply to employers and developers as defined above. The City shall not be exempt from the require-ments of this Chapter. (Added by Ord. No. 1847CCS § 1 (part), adopted 4/23/96) 9.16.050 Transportation fee .. (a) Employer Annual Transportation Fee. There shall be an employer annual transportation fee. The purpose of the employer annual transportation fee is to pay for the costs of administration and enforcement of this Chapter. (1) Employers of fifty or more employees filing employee trip ted!lction plans (ETRPs) and employers of ten to forty-nine employees filing worksite transportation plans (WTPs) shall pay an annual transportation fee calculated using the fqllowing formula: Fee = (number of employees) x (employee cost factor). The employee cost factor equals: (A) Seven dollars per employee for employers with fifty or. more _einployees. (B) Nine dollars per employee for employers with ten to forty-nine employees. The employee cost factor shall from time to time be amended by resolution of the City Council. (2) The annual transportation fee for employers of fifty or more employees who choose to ir::D.plement the emission reductions options described in Section 9.16.070 (a) through (c) shall be establish.ed and from time to time amended by resolution of the City Council. (3) For purposes ·of calculating an employer's annual transportation fee, the definition of employee shall include fuil-time, part-time, temporary, seasonal, at-home or in-field contractors of consultants working at a worksite for an average of six months or more. · (4) Employers shall be notified of the employer aimual transportation fee when they receive notice to submit an ERP or WIP in accordance with Section 9.16.090. Employer impact transportation fees shall be due and paid in full with the submittal of the ERP or WIP. The City shall mail notice of payment required by this subsection at least ninety calendar days prior to the due date. (5) Once the employer annual transportation fee required pursuant to this Section has been paid, there shall be no refunds.
Santa Monica Municipal Code 9.16.050 (6) Employers of fifty employees or more who implement an employee trip reduction plan and demonstrate attainment of a 1.5 a.m. and p.m. AVR shall receive the following reductions in their employer annual transportation fees: (A) Attainment of a 1.5 am. and p.m: A VR for one year shall result in a forty percent reduction of employer annual transportation fees; (B) Attainment of a 1.5 a.m. and p.m. A VR for two consecutive years shall result in a fifty percent reduction of employer annual transportation fees; (C) Attainment of a 1.5 a.m. and p.m. A VR for a period of three or more consecutive years shall result in a sixty percent reduction of employer annual transportation fees; (7) Employers of fifty or more employees who .join a 1MA certified by the City shall receive a twenty-five percent reduc-tion in the annual employer transportation fee. This reduction shall be in addition. to any fee reduction the employer is awarded for attain.ment of a 1.5 a.m. and p.m. A VR. Fees charged by the 1MA to employers for its operation and administrative costs shall be separate from the City's employer transportation fee. (b) Developer Impact Fee. The purpose of the developer impact fee is to defray the costs of providing transportation facilities and servic~ associated with new commercial develOp-ment .. (1) Developers who apply for building pennits for new or expanded development projects· in the City shall mitigate their resultant transportation by paying a one-time transportation impact fee. The amount of the fee and manner of P.ayment shall be established and from time to time amended by resolu-tion of the City Council. (2) Fees shall apply to developers who have not received certificates of occupancy as of the effective date of the resolu-tion establishing the fees. (3) Developers shall pay the required fee prior to issuance of a building pennit. Developers who have 3.Iready obtained building permits must pay· the require9 fee prior .to issuance of a certificate of occupancy. (4). The following land uses are encouraged by the City because of their beneficial impacts and shall receive reductions from the developer impact fee: supermarkets and pedestrian oriented uses on the ground floor of a multi-siory building. Both the impact fee and the reduction shall be established by resolution. (5) Refunds of the developer impact fee shall be made upon filing of a request for refund within six months of expiration of a building permit upon verification that construc-tion of the improvements for which the permit was issued have not commenced and no extensions of the building have been granted. No interest shall be paid on any refunded fee. (Added by Ord. No. 1847CCS § 1 (part), adopted 4/23/96; amended by Ord. No. 1942CCS § 2, adopted 3/23/99; amended by Ord. No. 1983CCS § 2, adopted 8/8/2000) 9.16.060 Deposit and use of fees. (a) Employer transportation fees collected. pursuant to Section 9.16.050(a) shall be deposited in an account separate from the General Fund and shall be allocated to TMP office administration and the development and operation of 1MAs. 523 · (b) Developer impact fees collected pursuant to Section 9 .16.050(b) shall be deposited into an account separate from the General Fund and shall be allocated to the following uses: (1) Transportation demand management (1DM) improve-ments. (2) Transportation system management (TSM) improve-ments. (3) Transportation facility development (TFD). (4) Public transit improvements. (Added by Ord. No. 1847CCS § 1 (part), adopted 4/23/96) 9.16.070 Contents of emission reduction plans. Employers of fifty or more employees are required to submit to the City, within ninety days of notification, an emission reduction plan designed to reduce emissions related to employ-ee commute trips arid to meet specific emissions reduction targets specified for the subsequent year. The annual emission reduction target (ERT) shall be determined according to the ·following equation for VOC, NOx and CO, based on employee emission reduction factors specified in subsection (i) of this Section. Any employer who falls under the purview of Assem-bly Bill 2109 shall implement a parking cash:out program. Failure to do so will result in the disapproval of an employer's ERF. [ERT (in lbs. per year)] = [ {employees} x {employee emission reduction factor}] -{vehicle trip emission credit} Where: Employee = Average daily number of employ-Employee emission ees reporting to work in the window reduction factor = Determined by the year of the plan submittal as defined in sub-section (i) of this Section. Vehicle trip emission credits = Determined according to sub-section (i) of this Section Each employer shall choose one or more of the following options in implementing their emissions reduction plan: Old vehicle scrapping; Remote sensing; Other work-related trip reductions; Employee trip reduction plan. (a) Old Vehicle Scrapping. In order to meet their emis-sion reduction targe~ any employer of fifty or more employees may scrap old vehicles by purchasing mobil source emission reduction credits (MSERCs) from an SCAQMD licensed vehicle scrapper/broker, in accordance with SCAQMD Rule 1610. (1) All scrappers/brokers must be licensed by the SCAQMD and adhere to SCAQMD Rule 1610 requirements. (2) An annual plan indicating the amount of credits purchased and the amount of emissions reduced must be submitted to the City's Transportation Management Coordinator each year. (Santa Monica 9·00)
9.16.070 Santa Monica Municipal Code (3) MSERCs must be transferred to the City MSERC account no later than one hundred eighty days after the approv-al of the ERP by the City's Transportation Management Coordinator. (4) Employers choosing this option must do so for a minimum period of three years. (b) Remote Sensing. Any employer o(fifty or more employees may implement a remote .sensing program to earn credit towards their. emission reduction target. Emission reductions obtained from the implementation of remote sensing shall be determined according to the following equation: [emission reductions in lbs per year] = [ {pre-repair emission rate in lbs per mile} -{post-repair emission rate in lbs per mile)] x [miles traveled] When: Pre-repair Post-repair Miles traveled = Measured emission rate prior to work. = Measured emission rate immedi-ately following repair work. = Number of miles traveled follow-ing repair work until the next regularly scheduled California Inspection and Maintenance Smog Check. (I) Vehicles used in the remote sensing program mai come from any source (i.e., employee vehicles, fleet vehicles, non--employee vehicles). Employers shall not require employees . to repair their vehicles. (2) An annual plan must be submitted to the City's Transportation Management Coordinator indicating: (A) The number of vehicles repaired. (B) The measured emission rates of each vehicle before repair. (C) The measured emission rates after repair. (D) The number of miles traveled for each vehicle follow-ing repair work until the next regularly scheduled California Inspection Maintenance Smog Check. (E) Calculations indicating the emission reduction target has been met. (c) Other Work-Related Trip Reductions. Employers of fifty or more employees may receive vehicle trip reduction credits (VTEC) towards meeting their emission reduction targets from employee commute reductions that occur outside of the morning and evening peak windows. VTEC obtained from work-related trip reductions shall be determined according to the following equation: VTEC -fCTRJ x !EFJ [CF] (Santa Monica 9-00) 524 Where: CTR (Creditable trip reductions) = The daily average of one-way CF (Conversion factor) EF (Emission factor) trip reductions that are real, sur-plus, and quantifiable. A round trip is considered to be two one-way trips. = 2.3 for non-peak trips = Emission factor in subsection (i) of this Section. Employers must submit an annual report to the City's Transportation Management Coordinator indicating the number of commute-related non-peak trips reduced and the amount of emissions reduCed. (d) Employee Trip Reduction Plan. Employers of fifty or more employees who choose this option shall prepare, implement and monitor employee trip reduction plans (ETRP) for transportation demand management, transportation system management and transportation: facility development which will be reasonably likely to result in the attainment of a 1.5 a.m. and p.m. A VR within three years and continued achieve-merit and maintenance of the A VR targets thereafter. The ETRP shall be in a form approved by the Transportation Management Coordinator. The ETRP shall undergo an intensive plan review by the City's Transportation Management Coordinator and Transportation Management Specialists. .(1) ·The ETRP shall include strategies designed to encour-age employees to rideshare during the morning and evening A VR windows. (2) The ETRP shall consist of a report that: (A) Calculates and documents A VR levels for morning and evening peak periods; (B) Lists plan incentives and a schedule for their imple-mentation; (C) Determines a marketing strategy for the plan year; (D) Determines the use of worksite parking facilities to achieve rideshare and transit objectives (i.e., number of received spaces for carpools, vanpools, etc.); (E) Lists the bicycle paths and routes within one-half mile of the worksite; (F) Lists the public transit services within one-quarter mile of the worksite; (G) Provides a general description of the type of business; (H) Includes an emergency episode plan and a daily air quality log; (I) Includes a sample of the employee A VR survey, or other mechanism approved by the Transportation Management Coordinator. This survey must not be more than six months old. For employers with two hundred fifty or more employees, the survey must conform with SCAQMD requirements. The survey must be taken over five consecutive days during which the majority of employees are scheduled to arrive at or leave the worksite. The days chosen cannot contain a holiday and cannot occur during "RideShare Week" or other "event'' weeks (i.e., Bicycle Week, Walk to Work Week, Transit Week, etc.). · This survey must have a minimum response rate of seventy-five percent of employees who report to or leave work betWeen
Santa Monica Municipal Code 9.16.070 six a.m. and ten a.m., inclusive, and seventy-five percent of employees who report to or leave work between three p.m. and seven p.m., inclusive. Employers that achieve a ninety percent Or better survey response rate for the a.m. or p.m. window may count the ~'no-survey responses" as "other" when calculating their A VR; (J) Provides the name and proof of certification of the employee transportation coordinator who is responsible for implementation and monitoring of the plan; (K) Provides the name of the oil-site coordinator (if different from the ETC) for each site who is responsible for implementation and monitoring of the plan; (L) IdentifieS the objectives of the plan and provides an explanation of why the plan is likely to achieve the A VR target levels; (M) Includes a parking cash-out plan if reqnired; (N) ·Includes a management conunitment cover letter signed by the highest railking official on site, or the executive respon-sible for allocating the resources necessary to implement the plan, which includes a description of efforts taken to involve employees in the development of commute alternative strate-gies, a statement that employees have been notified of plan provisions at least thirty days before plan submission date, and that all data is accurate to the best of the employer's knowledge. (3) The ETRP shall be updated every twelve months, with an annual report submitted on the anniversary date of the initial plan approval date. The annual employee trip reduction plan shall include the following: (A) A VR calculations and documentation for the plan year; (B) Lists plan incentives, changes to plan incentives, and a schedule for their implementation; (C) Determines a marketing strategy, indicating changes from the previous plan year; (D) Determines the use of worksite parking facilities to achieve rides hare and transit objectives (i.e., number of spaces for carpools and vanpools, etc.); (E) Lists the bicycle paths and routes within one-half mile of the worksite; (F) Lists public transit services within-ontt-fourth mile of the worksite; (G) Provides a description of the general type of business; (H) Includes a sample of the employee survey for the plan year as described in subsection (2) of this Section; (I) Provides the name and proof of certification of the eniployee transportation coordiriator who is responsible for the preparation, implementation. and monitoring of the plan; (J) Provides the name of the on-site coordinator (if different from the ETC) for each site who is responsible for implementation and monitoring of the plan; (K) Identifies the objectives of the plan and provides an explaoation of why the plan is likely to achieve the A VR target levels; · (L) Includes a management conunitrnent letter as defined in subsection (2) of this Section; (M) Includes update and revisions to the ETRP as the City's Transportation Management Coordinator deems appropriate, if the annual report indicates that the goals of the previously approved ETRP have not been met. ( 4) The procedure for calculating A VR at a worksite shall be as follows: (A) The A VR calculation shall be based on data obtained from an employee survey as defined in subsection (2) of this . Section. (B) A VR shall be calculated by dividing the number of employees who report to or leave the worksite by the number of vehicles arriving at or leaving the worksite during the peak periods. All employees who report to or leave the worksite that are not accounted for by the employee survey shall be calculated as one employee per vehicle arriving at or leaving the worksite. Employees walking, bicycling, telecommuting, using publiC transit, arriving at the worksite in a zero-emission vehicle, or on their day off under a recognized compressed work week schedule shall be counted as employees arriving · at or leaving the worksite without vehicles. Motorcycles shall be counted as vehicles. 525 (C) A child or student may be calculated in the A VR as an additional passenger in the carpoollvanpool if the child or student travels in the car/van to a worksite or school/childcare facility for the majority (at least fifty-one percent) of the total commute. (D) If two or more employees from different employers commute in the same vehicle, each employer must account for. a proportional share of the vehicle consistent with the number of employees that employer has in the vehicle. (E) Any employee dropped off at a worksite shall count as arriving in a carpool only if the driver of the carpool is continuing on to his/her worksite. (F) Any employee telecommuting at home, off-site, or at a telecommuting center for a full work day, eliminating the trip to work or reducing the total travel distance by at least fifty-one percent shall be calculated as if the employee arrived at the worksite in no vehicle. (G) Zero emission vehicles (electric vehicles) shall be calculated as zero vehicles arriving at the worksite. (5) Employers must keep detailed records of the documents which verify the average vehicle ridership calculation for a period of two years from plan approval date. Records which verify strategies in the ETRP have been marketed and imple-mented shall be kept for a period of at least two years from plan approval date. Approved ETRPs must be kept at the worksite for a period of at least three years from plan approval date. For employers who implement their plans using a central-ized rideshare service center, records and documents may be k~pt at a centralized location. Failure to maintain recordS, or falsification of records will be deemed a violation of this Chapter .. (e) Minimum Requirements. Employers implementing options (a), (b) or (c) as defined in this Section must meet the following minimum plan requirements: (!) Conduct an AVR survey in accordance with the. requirements of Section 9.16.070(d)(2)(1) in order to receive commute trip reduction credits (CTRCs) for employees who rideshare to .and from the worksite. (A) Failure to survey employees shall result in a default AVR of 1.0. .(B) In conducting the survey, employers must choose either the a.m. window (six a.m. to ten a.m.) or the p.m. window (Santa Monica 9-00)
9.16.070 Santa Monica Municipal Code (three p.m. to seven p.m.) depending on which window reflects the time period when the majority of employee trips occur. (2) Marketing Plan. Employers shall include a marketing plan to educate employers about alternative commute options· by making information available to employees. Information shall be posted at the worksite, or distributed to each employee at the worksite. (3) Information shall be updated annually. (f) Extensions. In the event that an employer reasonably needs more time to submit an emission reduction plan, a written request for extension. may be filed with the City's Transportation Management Coordinator. All requests must be received by the City TMP Office no later than fifteen calendar days prior to plan due date. Such requests must be made in writing and shall state why such extension is request-ed, what progress has been made toward developing the ERP, and for what length of time the extension is sought The City's Transportation Management Coordinator shall notify the employer in writing whether or not the extension has been granted within fifteen calendar days of receipt of a written request for extension. (l) An employer may request an extension up to sixty days for the initial submittal of a plan. (2) An employer may request an extension of up to thirty days to complete a revised plan. · (3) An empl(>yer may, upon receipt of a written objection to the terms of the proposed plan by an employee, employee representative or employee organization, request a single · extension for thirty calendar days. A copy of the written objection must be attached to the request. Only one such request shall be granted by the City; no subsequent extension may be granted for this purpose. ( 4) The Cit}" s Transportation Management Coordinator, at his or her discretion, may grant extensions beyond sixty days in the event of an extreme emergency. Each employer'_s request shall be reviewed on an individual basis. (g) Plan Revisions. An approved ERP may be revised between plan submittal dates by submitting a plan revision in writing to the City's Transportation Management Coordi-nator. Any changes to an approved plan which is in effect must be submitted in writing to the Transportation Management Coordinator. The revision shall not be effective until approved by the Transportation Management Coordinator in writing. (1) If the Transportation Management Coordinator deter-mines that the ERP marketing strategy is not being carried out to the fullest exten~ the Transportation Management Coordinator may require the employer to submit quarterly marketing reports that include examples of the marketing strategies implemented for each quarter. (2) If it is necessary for an employer to amend an ERP before the plan can be approved, the employer shall have fifteen days from the date of notice in which to subniit amend-ments to the Transportation Management Coordinator. Employ-ers failing to submit tl)e amendments shall have their ERP . disapproved. (3) The Transportation Management Coordinator shall not approve any plan or plan revisions if the employer, an employee, an employee representative or organization requests, in writing, within ten calendar days of plan submitral, that the Transportation Management Coordinator delay such action (Santa Monica 9-00) 526 for a period of time not to exceed the ninetieth calendar day after plan submittal. If the request is made by a party other than the employer, the party must concurrently submit written comments to the City's Tr'!Jlsportation Management Coordina-tor and the employer setting forth the objection(s). Upon receiving such a reques~ the Transportation Management Coordinator shall maintain neutrality with respect to any negotiations regarding the ERP. Nothing in this paragraph shall be construed to affect the requirement to implement an approved ERP and comply with applicable deadlines. (4) An ERP shall be disapproved if any employee(s); employee representative, or employee organization submits information demonstrating that: (A) The plan includes strategies, such as parking charges; and (B) Such strategies would create a widespread substantial disproportionate impact on minorities, women, low-income or disabled employees. A plan shall not be disapproved pursuant to .this subdivision if it includes provisions as are necessary to ensure reasonable opportunity for employees to commute by' means other than a single-occupant vehicle and thereby avoid the disproportionate impact described above. The City's Transportation Management Coordinator shall provide the employer an opportunity to review and respond in writing to information submitted by an employee, employee representative or employee organization pursuant to this subdivision. The burden of proof that a plan should be disap-proved pursuant to this subdivision rests with the employee, employee representative or employee organization submitting the information. (5). If a final determination that an element of an approved ERP viOlates any provision of law issued by any agency or court with jurisdiction to make Such determinations; then the employer shall, within forty-five calendar days, submit a proposed plan revisiqn to" the City's Transportation M3.nage-ment Coordinator which shall be designed to achieve an A VR equivalent to the previously approved plan. (h) Employee Transportation Coordinators. Employers of fifty or more employees shall designate a certified employee transportation coordinator (ETC) or an EtC and an on-site coordinator for each worksite included in the emission reduc-tion plan. (1) An employer may eiect to use a consultant ETC or a TMOrrMA in lieu of an ETC; provided, the consultant ETC or the TMOrrMA staff has received certified training and .the site maintains ·an on-site coordinator. (2) If the absence of a certified ETC, consultant ETC, or on-site coordinator exceeds eight consecutive weeks, a Substitute ETC or on-site coordinator at the same level must Qe designated and trained. Notice of such a change must be submitted to the City's Transportation Management Coordinator with proof of training no later than twelve weeks after the beginning of the absence. (3) ETCs are not required to attend yearly update training. (4) On-site coordinators are not required to be certified provided the ETC or consultant ETC is certified and writes and administers the ERP. (i) Emission Reduction Factors. The following emission factors shall be used in calculations pursuant to this ~le.
Santa Monica Municipal Code 9.16.070 (1) The following employee emission reduction factors (pounds per year per employee) shall be used in determining the emission reduction target for the current plan year: Emission Year voc NOx co 1998 5.84 4.42 45.14 1999 5.12 4.11 40.01 2000 4.40 3.80 35.19 2001 4.10 3.39 32.83 (2) The following default emission factors (pounds per year per daily commute vehicle) may be used in determining vehicle trip emission credits: EmisSion Year 1998 1999 2000 2001 voc 17 15 -13 12 NOx 13 12 11 10 co 132 117 103 96 (Added by Ord. No. 1847CCS § 1 (part), adopted 4/23/96; amended by Ord. No. 1938CCS § 3, adopted 3/23/99; amended by Ord. No. 1983CCS § 3, adopted 8/8/2000) 9.16.080 Requirements for employers of ten to forty-nine employees. (a) All employers of ten to forty-nine employees shall be required to a~end a City-sponsored training seminar upon notification and submit a worksite plan (WTP) to the City in aCcordanCe with the procedures set forth in this Section. This plan shall include at a minimum: · (1) Worksite location. (2) The name and title of the highest ranking official at the site. (3) The name and phone number of the designated on-site contact who has attended a City-sponsored training program and is responsible for the implementation of the WTP. (4) The number of employees at the site, and proof of -employee population (i.e., payroll records, unemployment insurance recofds, or any records approved by the Transpor-tation Management Coo.rdinator). (5) Description of the type of business. (6) Description of any on-site amenities (7) Location of the kiosk or bulletin board and a descrip-tion of the information displayed. (8) Lists the public transit services within one-fourth mile of the worksite. . . (9) Lists the bicycle paths and routes within one~half mile · of the worksite. ( 10) Includes a management commitment letter signed by the highest ranking official at the site. (b) Employers of ten to forty-nine employees shall make, at a minimum, the following information available to each employee: · ( 1) Carpooling/vanpooling information, including infor-mation about the services provided by the regional ridesharing agency and their phone number. (2) Transit schedules and token/pass purchase information. (3) Information on air pollution and options to driving to work alone. 527 · (4) Bicycle route and facility information, including regionai/local bicycle maps, locations of nearest bicycle racks, or locker storage facilities, and bicycle safety information. (5) Information on walking to work, pedestrian safety and walking shoe information. (6) Make information available to new employees upon date of hire. (c) Employers of ten to forty-nine employees shall submit a WTP within sixty days of notification by the City. (d) Employers of ten to forty-nine employees shall submit yearly updated WTPin accordance with this Section. Employ-ers who fail to submit an initial plan, revised plan, or updated plan when required, shall be in violation of this Chapter. (e) After an employer submits the WTP, the City's Transportation Manageinent Coordinator must either approv~ or disapprove the plan within sixty days. (1) Notice of approval or disapproval shall be given by mail. If the worksite plan is disapproved, the reasons shall be given in writing to the employer. (2) Any plan disapproved by the City's Transportation Management Coordinator must be revised by the employer and resubmitted io the City's Transportation Management Coordinator within thirty calendar days of notice of disapproval . or the employer shall be deemed to be in violation of this Chapter. The City has sixty calendar days to review the resubmitted plan. (3) Upon receipt of the second disapproval notice, and until such time as a revised plan is submitted to the City's Transportation Management Coordinator, the employer is in violation of this Chapter. (Added by Ord. No. 1847CCS § 1 (part), adopted 4/23/96; amended by Ord. No. 1938CCS § 4, adopted 3/23/99) 9.16.090 Procedures for submission of emission reduction plans and worksite transportation plans. (a) All employers with fifty or more employees, located within the City of Santa Monica, and subject to this Chapter shall submit to the City, within ninety days of receipt of notice to implement an ERP designed to reduce emissions related to ·employee conunutes and to meet a worksite specific emis-sion reduction target (ERT) specified pounds of emissions per e~ployee for the subsequent year. This emission reduction program shall be in the form of an ERP. (b) Employers of fifty or more employees shall identify measures in their ERP that will result in attainment of their emission reduction targets through one or all of the Emission Reduction Options specified in Section 9.16.070 within ninety days of notification by the City. (c) Employers of ten to forty-nine employees are required to submit WTPs as defined in Section 9.16.080 within sixty days of notification by the City .. (d) Multi-site employers of two hundred fifty or more employees, with one or more sites located outside of the City of Santa Monica but within the South Coast Air Basin, have the option of filing a RuJe 2202 plan with the SCAQMD, or filing an ERP with the City of Santa Monica. Employers choosing to file a rule 2202 plan with the SCAQMD will be required to notify the City's Transportation Management (Santa Monica 9-00)
9.16.090 Santa Monica Municipal Code Coordinator in writing no later than fifteen days prior to the plan due date. (e) Upon the City Transportation Management Coordi-nator's approval of a written reques~ an employer may submit a single ERP or WTP encompassing all worksites subject to the requirements of this Chapter if the worksites are owned or leased by the same employer and located wholly within the City of Santa Monica. (f) All employer ERP's and WTP's shall be consistent with any plans previously submitted by the developer of the propert)l at which the worksite is located. (g) If an employer's ERP or WTP due date falls on a day City Hall is normally closed (i.e., weekend, holiday, 9/80 Friday off), the employer may submit the ERP or WTP on the first business day after the plan due date. (h) If an ERP or WTP is mailed to the City, the plan must be postmarked before the plan due date. If the planis postmarked on or after the plan due date, the plan shall be considered late and the employer shall be considered to be in violation of this Chapter. (i) After an employer submits a plan, the City's Trans-portation Management Coordinator must either approve or disapprove the plan within ninety days for an ERP and within sixty days for a WTP. (1) Notice of approval or disapproval shall be given by mail. If the plan is disapproved, the reasons for disapproval shall be given in writing to the employer. (2) Once the plan is approved, the employer will have · sixty days from the date of approval toimplement all aspects of the plan. (3) Any plan disapproved by the City's Transportation · Management Coordinator must be_ revised by the employer and resubmitted to the City's Transportation Management Coordinator within thirt)l calendar days of notice of di;ap-(Santa Monica 9-00) 528
Santa Monica Municipal Code 9.16.090 proval or the employer shall be deemed in violation of this Chapter. The City has ninety calendar days to review the resubmitted plan. ( 4) Upon receipt of the second disapproval notice, and until such time as a revised plan is submitted to the City's Transportation Management Coordinator, the em-ployer is in violation of this Chapter. (i) An approved ERP or WI'P tnaybe ~between plan submittal dates by submitting a plan revision in writing to the City's Transportation Management Coordinator. The revision shall not be effective until approved by the Transportation Management Coordinator. (k) Any employer who establishes a new worksite in the City of Santa Monica, or whose employee population increases to more than ten, will be required to submit an ERP or WI'P to the City of Santa Monica. Employers are required to contact the City's Transportation Management Coordinator within sixty days of establishing a newworksite, or increasing employee population. The notice shall be written, and include the employer's name, the business and mailing address, the number of employees reporting to the worksite and the name of the highest ranking official at the worksite. Upon receipt of the notice, tbe City shall mall a notification letter to the employer and ninety calen-dar days thereafter the employer shall submit a plan and shall be subject to all provisions of this Chapter. (I) Employers who relocate to another worksite located within the City of Santa Monica shall notify the City of the relocation within thirty days. The City shall notify the employer to submit an updated version of the Employee Profile and Worksite Analysis of the ERP or WI'P. ( m) Any employer who has submitted a plan pursuant to this Chapter and whose employee population falls to fewer than ten employees for a six-month period, calculated as a monthly average, may submit a written request to the City's Transportation Management Coordinator to be exempt from this Chapter. The employer must submit docu-mentation which demonstrates an employee population of less than ten employees. Such demonstration could be made by payroll records or other appropriate documenta-tion. ( n) No employer of two hundred fifty or more employ-ees shall be responsible for complying with this Chapter until such time as the City and the SCAQMD execute an agreement which provides an exception to those employers from the requirements of filing a Rule 2202 plan with the SCAQMD. If at anytime the City fails to meet its obligation under the executed agreement, employers of two hundred . fifty or more employees in the City shall be released from this Chapter and shall be subject to compliance with the SCAQMD Rule 2202 requirements. (Added by Ord. No. 1847CCS § 1 (part), adopted 4(23/96; amended by Ord. No. 1938CCS § 5, adopted 3!23/99) 9.16.100 Transpof'll!tion management associations (TMAs). (a) Transportation management associations are groups formed so that employers, employees, developers and building owners can collectively address community and worksite transportation-related problems. Transportation management associations may be formed to implement IDM, TSM and/or TFD strategies in employment clusters or at multi-tenant worksites. The primary function of a TMA is to pool resources to implement solutions to com-muter-related congestion problems in conjunction with the City Transportation Coordinators. (b) The City will certify TMAs that submit a first year work plan which outlines the following: (1) A mission statement which descnbes the reasons for the association's existence and the overriding goals oftheTMA (2) Goals and objectives for the first year which target achievement of the mission statement. Specific activities and tasks shall be listed to show how the members will be served by the TMA and how the TMA will help meet the area and regional transportation and air quality goals. (3) A plan for a baseline survey of commuters and employers in the area to establish existing commuter characteristics and attitudes of commuters toward traffic and the use of commute alternatives. The employer survey shall obtain a descriptive profile of existing programs and employer attitudes toward developing new programs. ( 4) The services to be provided by the TMA to its mem-bers, including the .commute alternatives to be provided and promoted, the advocacy and marketing activities planned, and the role of the TMA staff in providing the services. (5) A marketing plan which creates an identity for the TMA and which descnbes how the TMA's planned services will be marketed to member employers and their employees. (6) A monitoring and evaluation plan which will he used to measure progress against goals and objectives, including results of the TMA's activities with each member. This plan will be used to provide annual reporting informa-tion to the City. . (7) A budget which details how the work of the TMA ·will be aocomplished, including details of public and private -financing and expenditures. (c) The TMA must provide an annual report to.the City to become recertified yearly. The annual report shall indude the same elements as the first year plan With the following exceptions: (1) The mission statement shall be restated based on changes in the goals and objectives of the TMA, if any. (2) The goals and objectives shall be updated to reflect progress and changes in !he TMA services. (3) The baseline survey need not be repeated, however, the annual report shall include follow-up monitoring and evaluation activities related to the baseline survey. ( 4) The evaluation and results shall be discussed and uSed to descnbe the next year's planned activities. (Added by Ord. No. 1847CCS § 1 (part), adopted 4!23/96) 9.16.110 Developer emission reduction plans. Developers of nonresidential projects which will result in ten or more peak-period trips once the development is completed shall submit an emission reduction plan to the City for implementation of selected measures from Section 9.16.070 and reqoired measures, as applicable, from 528-1 (Santa Monica 8-99)
9.16.110 Santa Monica Municipal Code Section 9.16.120, at their development site in accordance with the procedures set forth in Section 9.16.120. (Added by Ord. No. 1847CCS § 1 (part), adopted 4/23/96) 9.16.120 Procedure for submission· of developer plans. (a) Developers of nonresidential projects which will generate ten or more p.m. peak-period trips who apply for building permits for new or expanded development projects in the City sball be required to submit an emission reduction plan meeting the requirements of this Chapter at the time of application for the project's first planning approval The City'sTransportation Management Coordina-tor shall approve or disapprove the plan within thirty days of project approval by the Planning Division or the City Council, when a Planning Division approval is appealed. Notice of approval or disapproval shall be given by regis-tered or certified mail. If the plan is disapproved, the rea-sons for disapproval sball be given in writing to the develop-er. Any plan disapproved by the City's Transportation Management Coordinator must be revised by the developer and resubmitted w the City's Transportation Management Coordinator within thirty days of the notice of disapproval. (b) Developer emission reduction plans shall include those items listed in Section 9.16.070(e) which relate to facility improvements that the developers may implement, plus any improvements as required in subsection (c) of this Section. Examples of developer plan elements include preferential parking areas, bicycle storage lockers, showers and lockers, and transit bays. (c) In addition to optional or otherwise required facility improvements, the following shall be required: (1) Nonresidential development of twenty-five thousand square feet or more shall provide, to the satisfaction of the City, a bulletin board, display case or kiosk, displaying transportation information located where the greatest number of employees are likely to see it Information sball include, but is not limited to, the following: (A) Current maps, routes and· schedules for public transit routes serving the site; (B) Telephone numbers for referrals on traDsportation information including numbers for tlie regional ridesbaring agency and local transit operators; (C) Ridesharing promotional material supplied by commuter-oriented organizations; (D) Bicycle route and facility information, including regionalllocal bicycle maps and bicycle safety information; (E) A list of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site. (2) Nonresidential development of one hundred thou-sand square feet or more shall comply with the require-ments in subsection ( c )(1) of this Section, and sball provide all of the following measures to the satisfaction of the City: (A) A safe and convenient zone in which van pool and carpool vehicles may deliver or board their passengers; (B) Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circu-lation system to each building in the development; (Santa Monica S-99) (C) If detennined necessaxy by the City to mitigate the project impact, bus stop improvements must be provided. The City will consult with the local bus service providers in detennining appropriate improvements. When locating bus stops and/or planning building entrances, entrances must be designed to provide safe and efficient access to nearby transit stations/stops. (d) An approved emission reduction plan shall be required prior to issuance of a building permit. (e) Developers shall not be required to update ap-proved emission reduction plans. However, compliance with such plans shall be accomplished by the requirement set forth in Section 9.16.080 thnt employerworksite plans be consistent with developer plans for the worksite, unless the Transportation Management Coordinator approves alternative plan components. (f) A developer may amend an emission reduction plan subsequent to approval of such plan by submitting a plan revision. A subsequent owner may amend a plan in the same manner. The amended plan shall not be effective until approved by the City's Transportation Management Coordinator. (Added by Ord. No. 1847CCS § 1 (part), adopted 4123/96) 9.16.130 Enforcement. (a) Audits. (1) City Audits. The Citysball perform follow-up audits on a selective basis. Employers shall receive at least ten days notice of such an audit. An audit may include, but sball not be limited to, an on-site inspection and demonstra-tion that an employer is performing the on-going monitoring required by this Chapter. (2) Compliance Inspection. Any employer subject to this Chapter is subject to an unannounced compliance inspection. This inspection will require access to records thnt demonstrate implementation and monitoring of the employer's emission reduction plan. -(b) Violations of this Chapter. (1) No business license sball be renewed if an employer has not paid the fee required by this Chapter. (2) Failure to submit an initial plan when due, annual report and update plan when due, or mandatory plan revisions when due, or failure to implement provisions of an approved plan as set forth in the plan implementation schedule, failure to keep records, falsification of records, failure to have a certified ETC or designated on-site coordinator on site if required, or failure to submit proper fees in accordance with Section 9.16.050 is a violation of. this Chapter. Additionally, upon receipt of a second disap-proval notice and until such . time as a revised plan is approved by the Oty, the developer or employer shall be deemed in violation of this Chapter. (3) If an employer chooses the employee trip reduction option and complies with all provisions of the approved plan but fails to meet the A VR targets, that is not a violation of this Chapter. However, the Transportation Management Coordinator shall retain the right to require the employer to provide additional incentives and marketing strategies in the ETRP with the goal of increasiog the employer's A VR. 528-2
Santa Monica Municipal Code . 9.16.130 ( 4) If an employer chooses any emission reduction option (excluding the employee trip reduction option), the employer must meet the required emission reduction ·targets for that plan year. Failure to do so will be consid-ered a violation of this Chapter. (5) Each day _a developer or employer violates the provisions of this Chapter or the terms and conditions of any approved ERP or WI"P shall constitute a separate violation. (c) Enforcement Actions. In addition to any other remedy provided for by law, the City, or the South Coast Aii Quality Management District when appropriate, may take the following. actions for violation of this Chapter · or of the terms and conditions of any· approved ERP or WI"P: (1) Require the addition of elements to a work or development site plan submitted by an employer or develop-er. (2) Transfer authority for plan implementation from an employer or developer to the City. (3) Institute proceedings to revoke any approval of an ERP or WI"P. (4) Revoke the business license held by any violator, following the procedures set forth in Section 9.04.20.30.060 of this Code. (5) Impose an enforcement fee as provided for in Section 9.16.130(d). ( 6) Request that the City Attorney take appropriate enforcement action. Referral by the City's Transportation Management Coordinator is not a condition precedent -to any enforcement action by the City Attorney. (7) Notwithstanding any other provisions of this Chap-ter regarding penalties or fees for enforcement actions or for violations, for violators with two hundred fifty or · more employeeS, the City, in addition to any other remedies under this Chapter, shall refer the matter to the South Coast Air Quality Management District for appropriate action under Article 3, Chapter 4, Part 4 of Division 26 of the Health and Safety Code. (d) Enforcement Fees. An enforcement fee shall be paid to the City by each person who has violated the provisions of this Chapter or the terms and conditions of any ERP or WIP. The purpose of this fee is to recover the costs of enforcement from any person who violates the provisions of this Chapter or any permit or approval. (e) Fee Assessment Fee. Fees shall be assessed as follows: (1) Employers who choose any emission reduction option (excluding the employee trip reduction option) shall be fined five dollars per employee per day for each violation during the plan year. (2) Developers, employers of ten to forty-nine employ-ees and employers of fifty or more who choose the employ-ee trip reduction option shall receive a warning notice for the first violation of the plan year and no fee shall be collected. For each additional violation in the plan year the employer shall receive a violation notice and the violation fee shall be five dollars per employee per day. (3) The City's Transportation Management Coordinator shall cause to be issued a notice imposing enforcement fees under this Section. The notice shall provide that the fee shall be due and payable within fifteen days from the date of the notice. A penalty of ten percent per month shall be added to any fees that have not been paid when due. · · ( 4) Any person upon whom fees have been imposed pursuant to this Section may appeal the action in accor-dance with the following procedure: (A) A notice of appeal shall be filed with the City's Transportation Management Coordinator within ten days of the date of tlie notice. (B) At the time of filing the notice of appeal, the appellant shall deposit with the City Treasurer money in the amount of all fees due. If, as a result of the hearing; it is determined that the City is not entitled to all or a portion of the money, the City shall refund to the person all or a portion of the money deposited. (C) The Emission Reduction Plan Appeals Board ("ERP Appeals Board") shall hold a hearing on the appeal within forty-five days of the date of filing of the appeal. The City shall give the appellant at least five days notice of the time and place of the hearing. The ERP AppealS Board shall render a decision within fifteen days of the date of the hearing. The purpose of the hearing shall be limited to whether or not the violation occurred. · (D) The ERP AppealS Board shall uphold an appeal of an enforcement fee under this Section in only one of the following circumstances: (i) An error has been made in calculatiog the enforce-ment fee. (ii) The person is found not to have been violatiog the provisions of this Chapter or the terms and conditions of the ERP or WI"P. (E) The decision of the ERP AppealS Board shall be final eXcept for judicial review and there shall be no appeal to the City Council. __ (F) Any notice issued pursuant to this S<iclion shall set forth the appeal rights as provided for in this subsection. -·(G) Any notice of'revocation issued pursuant to this Section shall be final upon the expiration of the appeal period if no appeal is timely filed or upon the decision of the ERP Appeals Board. (Added by Ord. No.l847CCS § 1 (part), adopted4/23/96; amended by Ord. No.l938CCS § 6, adopted 3/23/99) 9.16.140 Administrative appeals. (a) Disapproval of an ERP or WI"P by the City's Trans-portation Management Coordinator, including a revision of such a plan, may be appealed to the Emission Reduction Plan Appeals.Board. (b) An appeal of an action by the City's Transportation Management Coordinator shall be filed with the City's Parking and Traffic Division Within ten consecutive calendar days following the date of action from which an appeal is taken. If no appeal is timely filed, the action by the City's Transportation Management Coordinator shail be final. (c) A hearing on an appeal shall be schedtiled within sixty days of the date of filing an appeal. Notice of an appeal hearing shall be mailed to the appellant not less than ten consecutive calendar days prior to the hearing 528-3 (Santa Monica 8~99)
9.16.140 Santa Monica Municipal Code scheduled before the Emission Reduction Plan Appeals Board. (d) A written decision on an appeal shall be issued thirty days from the date of hearing. (e) Ari action of the City's Transportation Management Coordinator that is appealed to the Emission Reduction Plan Appeals Board shall not become effective unless and until approved by the Emission Reduction Plan Appeals Board. (f) A decision cif the ERP Appeals Board shall be final except for judicial review and there shall be no appeal to the City Cotincil. (Added by Ord. No. 1847CCS § 1 (part), adopted 4/23/96; amended by Ord. No. 1938CCS § 7, adopted 3/23/99) Chapter 9.20 SUBDIVISIONS Sections: Subchapter 9.20.02 General Provisions 9.20.02.010 9.20.02.020 9.20.02.030 9.20.02.040 9.20.02.050 9.20.02.060 9.20.02.070 9.20.02.080 9.20.02.090 9.20.02.100 and Responsibilities Citation and authority. Purpose. Conformity to General Plan, specific plan and zoning ordinances. Application. Definitions. City Attorney. City Council. City Engineer. Planning Commission. Director of Planning Subchapter 9.20.04 Maps Required 9.20.04.010 General. 9.20.04.020 Five or more parcels. . 9.20.04.030 Fonr or less parcels. 9.20.04.040 Maps not required. Subchapter 9.20.06 Tentative Subdivision Maps 9.20.06.010 General. 9.20.06.020 Form and contents. 9.20.06.030 Accompanying data and reports. 9.20.06.040 Submittal and processing of tentative subdivision maps. 9.20.06.050 ApprovaL 9.20.06.060 Vesting tentative map. Subchapter 9.20.08 Final Subdivision Maps 9.20.08.010 General. 9.20.08.020 Survey required. 9.20.08.030 Form. 9.20.08.040 Contents. 9.20.08.050 Preliminary submittal for City approvaL (Santa Monica 8-99) 528-4 9.20.08.1160 9.20.08.870 9.20.08.080 9.20.08.090 Retnrn to subdivider's engineer for corrections. Resnbmittal. Approval by the City Engineer and Planning Director. . . ApprovaL Subchapter 9.20.10. Tentative Parcel Maps 9.20.10.010 General. 9.20.11).020 Form. 9.20.10.030 Content. 9.20.10.040 Accompanying data and reports. 9.20.10.050 Submittal and processing of 9.20.10.1160 9.20.10.070 9.20.10.080 tentative parcel maps. ApprovaL Waiver of parcel map. Procedure for waiver of parcel maps. Subchapter 9.20.12 Final Parcel Maps 9.20.12.010 Final parcel maps. 9.20.12.020 Survey required. 9.20.12.030 Form and content. 9.20.12.040 Preliminary submittal for city approval. 9.20.12.050 Retnrn to subdivider's engineer for corrections. 9.20.12.1160 Resubmittal. 9.20.12.070 Approval by the City Engineer and Planning Director. 9.20.12.080 Approval of final parcel map. Subchapter 9.20.14 Procedures for Approval for Tentative Maps 9.20.14.010 Notice of public hearings. 9.20.14.020 · Planning Commission action. 9.20.14.030 ApprovaL -9.20.14.040 Denial. 9.20.14.050 Report to City Council. 9.20.14.1160 Extension of time for Planning Commission or City Council action. 9.20.14.070 Appeal. 9.20.14.080 Tenant participating conversion processing fees. Subchapter 9.20.16 Procedures for 9.20.16.010 . 9.20.16.020 9.20.16.030 9.20.16.040 Approval of Final Maps Approval by City Council. Denial by tbe City Council • Filing with tbe County Recorder. Submittal by nnits. Subchapter 9.20.18 Expiration, Extensions and Amendments 9.20.18.010 Expiration. 9.20.18.020 Extensions. 9.26.18.030 Stay of expiration.
Santa Monica Municipal Code 9.20.02.010 9.20.18.040 Amendments to approved tentative map. Subchapter 9.20.20 Standards for Decisions 9.20.20.010 . Compliance with Condominium 9.20.20.020 9.20.20.030 Law. Nondiscrimination. Air space subdivision. Subchapter 9.20.02 General Provisions and Responsibilities 9.20.02.010 Citation and authority. This Chapter is adopted to supplement and implement the Subdivision Map Act, Government Code Section 66410 et seq., and may be cited as the subdivision ordinance of the City of Santa Monica. (Prior code § 9300; amended by Ord. No. 1294CCS, adopted 1/24/84) 9.20.02.020 Purpose. !tis the purpose of this Chapter to regulate and control the division of land within the City of Santa MoniCa and to supplement the provisions of the Subdivisioll Map Act concerning the design, irllprovement and survey data of subdivisions, the forrn and content of all maps provided for by the Subdivision Map Act and procedures to be followed in securing the official approval of the Planning Commission and City Council regarding, such maps. To accomplish this purpose, the regulations outlined in. this Chapter are determined to be necessary for the preservation of the public health, safety and general welfare, to promote orderly growth and development and to promote and implement the General Plan. The requirements ofthis Chapter are in addition to other requirements of the City of Santa Monica. (Prior code§. 9301; amended by Ord. No. 1294CCS, adopted i/24/84) 9.20.02.030 Conformity to General Plan, specific plan and zoning ordinances. No land shall be subdivided and devdoped for any purpose which is not in conformity with the General Plan_ and any specific plan of the City of Santa Monica or authorized by the comprehensive land use ordinance of the City. (Prior code§ 9302; amended by Ord. No. 1294CCS, adopted 1/24/84) 9.20.02.040 Application. The regulations set forth in this Chapter shall apply to all subdivisions or parts thereof within the City of Santa Monica and to the preparation of subdivision maps thereof and to qther maps or certificates provided for by the Subdivision Map Act. Each such subdivision and each part thereof lying within the City of Santa Monica shall be made and each such map or certificate shall be prepared and presented for approval as hereafter provided for and required. (Prior code § 9303; amended by Ord. No. 1294CCS, adopted 1/24/84) 9.20.02.050 Definitions. The following words or phrases as used in this Chapter shall have the following meanings: (a) Advisory Agency. A designated official or an official body charged with the duty of making investigations and reports on the design and improvements of proposed divisions of real property. (b) Air Space Lot. A division of the space above or below a lot, or partially above and below a lot, having finite width, length, and upper and lower elevations, occupied or to be occupied by a use, building or portion thereof, group of buildings or portions thereof, accessory buildings or portions thereof, or accessory uses. An air space lot shall be identified with a separate and distinct number or letter on a final subdivision or parcel map recorded in the office of the County Recorder. (c) Block. The area ofland within. a subdivision which area is entirely bOunded by streets, highways or ways, except alleys, or the exterior boundary or boundaries of the subdivision. (d) Community Apartment. A project as defined in Business and Professions Code Section 11004 in which an undivided interest in the land is coupled with -the right of exclusive occupancy of any apartment. (e) Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office, or store. A condominium may include, in addition, a separate interest in other portions of such ieal property. (f) Conversion. The creation of separate own.ership of existing improved" real property ·together with a separate interest in space of residential, industrial or commercial buildings thereon. A conversion may be accomplished by condominium, stock cooperative, community apartment, or cooperative apartment. (g) Cooperative Apartment. Pursuant to the City's authority to regulate subdivisions not regulated by the -Subdivision Map ACt as authorized by Government Code-Section 66411, a project of more than four units in which an undivided interest in land is coupled with the exclusive right of occupancy of any apartment located thereon, whether such right is contained in the form ofa written or oral agreement, when such right does not appear on the face of the de~d. 529 (h) Design. Street alignments, grades and width; drainage and sanitary facilities and utilities, including alignments and grades thereof; location and size of all required easements and rights-of-way; fire roads ·and fire breaks; lot size and configuration; traffic access; grading; land to be dedicated for park or recreational purposes; and such other specific requirements in the plan .and configuration of the entire subdivision as may be necessary or convenient to insure con.formity to or implementatio~ of the General Plan or any adopted specific plan. (i) Final Map. A map showing a subdivision for which a tentative and final map is required by this Chapter, prepared in accordance with the provisions of this Chapter and the Subdivision Map Act and designed to be reCorded in the office of the County Recorder. G) Final Parcel Map. A final map for a parcel. (Santa Monica Supp. N_o. 65, 8~10)
9.20.02.050 Santa 1Yionica Municipal Cod~ (k) Final Subdivision Map. A final map for a subdivision. (I) General Plan. The General Plan of the City of Santa Monica. (m) Improvement. Street work,-storm drainage, utilities and landscaping to be installed, or agreed io be installed, by the subdivider on the land to be used for public or private streets, highways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condit~on precedent to· the approval and acceptance of the final map thereof; or to such other specific improvements or type of improvements, the installation of which; either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency or by a combination thereof, is necessary to insure conformity to or implementation of the General Plan or any adopted specific plan. (n) Lot. A parcel or portion ofland separated from other p3.rce1s or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease, or separate use. ( o) Lot Line Adjustment. A minor shift or rotation of an existing lot line or other adjustments where a greater number of parcels than originally existed is not created. (p) Merger. The joining of two· or more contiguous parcels of land under one ownership into one parcel. ( q) Subdivision Map Act. The Subdivision Map Act of the State of California. (r) Parcel Map. A map showing a division of land of four or less parcels as required by this Chapter, prepared in accordance with the provisions of this Chapter and the Subdivision Map Act. (s) ·Peripheral Street. An existing street whose right-of-way is contiguous to the exterior boundary ofthe subdivision. (t) Remainder: That portion of an existing parcel which is not included as part of the subdivided land. The remainder is not considered as part of the subdivision but must be shown on the required maps as part of the area surrounding subdivision development. (u) Stock Cooperative. A corporation as defined in Business and Professions Code Section 11003.2 which is primarily for the purpose of holding title to property if shareholders receive the right to exclusive occupancy in a portion of property and whose right to occupancy transfers concurrently with the transfer of an interest in the corporation. (v) Subdivid~r. A person who proposes to divide, diviqes, or causes to be divided ·real property into a subdivision for the subdivider or for others; except employees ~nd consultants of such perSons or entities acting in such capacity. are not "subdividers.·~ (w) Subdivision. The division, by any subdivider, of any units or unit of improved or_ unimproved contiguous iand shown on the 13.test equalized County assessment roll as a unit or as contiguous units for the purpose of sale, lease. or firtancing, whether immediate or future. Property sha-H be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. (Santa Monica Supp. No. 65, 8-\0) 530 Subdivision includes a condominium project, as defined herein or in California Civil Code Section l35l(f), a community apartment project, as defined herein or in California Civil Code Section 1351( d), a stock cooperative, as defined herein or in California Civil Code Section 135l(m), a cooperative apartment as defined herein, of two or more air space lots as defined herein. Any conveyance of land to a governmental agency, public entity, or public utility shaH not be considered a division efland for purposes of computing the number of parcels. "Subdivision" does not include anything exclud.ed from the definition of subdiviSion in the qubdivision Map Act unless otherwise provided for herein. (x) Subdivision Map. A map showing a division ofland of five or-more·parcels as required by this Chapter, prepared in accordance with the provisions of this Chapter and the Subdivision Map Act. (y) Tentative Map. A map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it (z) Tentative Parcel Map. A tentative map for a parcel. (aa) Tentative Subdivision Map. A tentative map for a subdivision. (bb) Zoning Ordinance. Chapter 9.04 of the Municipal Code. (Prior code § 9304; amended by Ord. No. 1466CCS, adopted 2/14/89; Ord. No. 1842CCS § 1, adopted 2/27 /96; Ord. No. 2311 CCS § 1, adopted 5/11/1 0) 9.20.02.060 City Attorney. The City Attorney shall be responsible for approving as to form all CC & Rs, subdivision improvement agreements, and subdivision improvement securities. (Prior code § 9305; amended by Ord. No. 1294CCS, adopted 1/24/84) 9.20.02.070 City Council. The City Council shall have the following responsibilities: (a) -The City Council shall have final jurisdiction in the approval of finaf subdivision and parcel maps and improvement agreements and the acceptance by the City of such land and/or improvements as may be proposed for dedication to the City. (b) The City Council shall act as the appeal board for hearing appeals ofthe approval, conditional approval or denial ·of tentative maps and the approval or denial of extensions. (c) The City Council shall establish by resolution reasonable fees for the processing of maps and for other procedures required or authorized by this Chapter or the Subdivision Map Act. (d) The City Council shall approve or deny applications for a stay of expiration of tentative subdivision or parcel maps pursuant to Section 9.20.18.030. (Prior code§ 9306; amended by Ord. No. 1294CCS, adopted 1/24/84) 9.20.02.080 City Engineer. The City Engineer shall have the following responsibilities: . (a) Establishing design and construction details, standards and specifications;
Santa Monica Municipal Code 9.20.02.080 (b) Determining if proposed subdivision improvements comply with the provisions of this Chapter and the Subdivision Map Act; (c) The processing and certification of final maps, reversion to acreage-maps, and amended maps; the processing and approval of subdivision improvement plans, lot line adjustments, mergers and certificates of compliance; (d) The inspection and approval of subdivision improvements; (e) The acceptance of private improvements. (Prior code § 9307; amended by Ord. No. 1294CCS, adopted 1/24/84) 9.20.02.090 Planning Commission. The Planning Commission is desigmited as the Advisory Agency and shall be responsible for approving, conditionally approving, or denying the application for tentative maps and the approval or denial of extensions. ·(Prior code § 9308; amended by Ord. No. 1294CCS, adopted 1/24/84) 9.20.02.100 Director of Planning. The Director of Planning shall investigate proposed subdivisions . for conformity to the General Plan, specific plans, and zoning ordinances of the City and reporting his or her findings, together with recomtnendations for approval, conditional approval or denial to the Planning Commission and City Council. (Prior code § 9309; amended by Ord. No. 1294CCS, adopted 1/24/84) Subchapter 9.20.04 Maps Required 9.20.04.010 General. The necessity for tentative subdiVision maps, final subdivision maps, tentative parcel maps and final parcel maps shall be governed by the provisions of this Subchapter and the Subdivision Map Act. (Prior code § 931 0; amended by Ord. No. 1294CCS, adopted 1/24/84) 9.20.04.020 Five or more parcels. A tentative subdivision map and final subdivision map shall be required for all divisions of land into five or more parcels, five or more condominiums as defined in Civil Code Section 783, a community apartment project containing five or more units, a stock cooperative containing five or more units, a cooperative apartment yontaining five or more units, or an air space subdivision containing five or more lots. (Prior code § 9311; amended by Ord. No. 1466CCS, adopted 2/14/89; Ord. No. 1842CCS § 2, adopted 2/27/96) 9.20.04.030 Four or less parcels. A tentative parcel map and final parcel map shall be required for all divisions of lan_d which create four or less parcels, four or less condominiums as defined in Civil Code Section 783, a community apartment project containing four or less units, a stock cooperative containing four or less units, or a cooperative apartment containing four or less units, or an air space subdivision containing four or less lots. (Prior code§ 9312; amended by Ord. No. 1466CCS, adopted2/14/89; Ord. No. 1842CCS § 3, adopted 2/27/96) 9.20.04.040 Maps not required. A tentative or final map shall not be required for any of the following: (a) Divisions of land created by short-term leases (terminable by either party on not more than thirty days' notice in writing) of a portion of an operating right-of-way of a railroad corporation defined as such by Public Utilities Code Section 230, provided, however, that upon a showing made to the City .Engineer based upon substantial evidellce that public policy necessitates such a map, this exception shall not apply; (b) A -lot line adjustment between two or mote existing adjacent parcels, provided: (1) No additional parcels or building sites have been created, (2) The adjustment does not create the potential to further divide either of the two parcels into more parcels than would have been otherwise possible, (3) There are no resulting violations of the Santa Monica Municipal Code; (c) Land conveyed to or from a public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such a public utility for right-of-way, unless a showing is made in individual cases, upon-substantial evidence, that public policy necessitates a parcel map; · (d) When the parcel map is waived as provided by Section 9.20.10.070. A plot map in a form as required by the City Engineer, and a certificate of compliance in accordance with Section 9.20.10.080(e) shall be required for lot line adjustments, mergers, certificates of compliance and parcel map waivers. (Prior code § 9313; amended by Ord. No. 1294CCS, adopted 1/24/84) Subchapter 9.20.06 Tentative Subdivision Maps 9.20.06.010 General. The form and contents, submittal and approval of tentative -subdivision. maps sh~ll be governed by the provisions of this -Subchapter and the Subdivision Map Act. (Prior code § 9320; . amended by Ord. No. 1294CCS, adopted 1/24/84) 9.20.06.020 Form and con.tents. The tentative subdivision map shall be prepared by a registered civil engineer and shall be clearly and legibly drawn on one sheet and contain not less than the following: (a) A title which shall contain the subdivision number, subdivision name. and type of subdivision; (b) Name and address of legal owner, subdivider, and person preparing the map (including registration number); (c) Sufficient legal description to define the boundary of the proposed subdivision; (d) Date, north arrow, scale and contour interval; (Santa Monica Supp. No. 65, 8-1 0)
Santa Monica Municipal Code 9.20.06.020 (e) Existing and proposed land use; (f) A vicinity map showing roads, adjoining subdivi-sions, towns, creeks, railroads, and other data sufficient to locate the proposed subdivision and show its relation to the community; (g) Existing topography of the proposed site and at least one hundred feet beyond its boundary, including but not limited to: (1) Existing contours at two feet intervals if the existing ground slope is less than ten percent and at not less than five feet intervals for existing ground slopes equal to or greater than ten percent. Contour intervals shall not be spread more than one hundred fifty feet apart. Existing contours shall be represented by dashed lines or by screened lines, (2) Type, circumference and dripline l)f existing trees. Any trees proposed to be removed shall be so indicated, (3) The approximate location and outline of existing structures identified by type. Buildings to be removed shall be so marked, ( 4) The approximate location of all areas subject to inundation or storm water overflow and the location, width and direction of flow of each watercourse, (5) The location, pavement and right-of-way width, grade and name of existing streets or highway, ( 6) The widths, location and identity of all existing easements, (7) The location and size of existing sanitary sewers, water mains and storm drains. The approximate size of existing sewers and storm drains shall be indicated. The location of existing sewers and storm drains shall be indicat-ed. The location of existing overhead utility lines on periph-eral streets, (8) The approximate location of the 60, 65 and 70 CNEL (Community Noise Equivalent Level) contours, if any; (h) Proposed improvements to be shown shall include but not be limited to: (1) The location, grade, centering radius and arc length of curves, pavement and right-of-way width and name of all streets. Typical sections of all streets shall be shown, (2) The· location ·and radius of all curb returns and cui-de-sacs, (3) The location, width and purpose of all easements, ( 4) The angle of intersecting streets if such angle deviates from a right angle more than four degrees, (5) The approximate lot layout and the approximate dimensions of each lot and of each building site. Engineer-ing data shall show the approximate finished grading of each lot, the preliminary design of all grading, the elevation of proposed building pads, the top and toe of cut and fill slopes to scale and the number of each lot, (6) Proposed contours at two feet intervals shall be shown if the existing ground slope is less than ten percent and not less than five feet intervals for existing ground slopes greater than or equal to ten percent. A separate grading plan may be submitted, (7) Proposed recreation sites, trails and parks for private or public use, 531 (8) Proposed commons areas to be dedicated to public open space, (9) The location and size of sanitary sewers, water mains or storm drains. Proposed slopes and approximate elevations of sanitary sewers and storm drains shall be indicated; (i) The name or names of any geologist or soils engi-neer whose services were required in the preparation of the design of the tentative map; G) The source and date of existing contours; (k) All letter size shall be one-eighth inch minimum; (I) If the subdivider plans to develop the site as shown on the tentative map in units, then the subdivider shall show the proposed units and their proposed sequence of construction on the tentative map; (m) The Director of Planning may waive any of the foregoing tentative subdivision map requirements whenever he or she finds that the type of subdivision is such as not to necessitate compliance with these requirements, or that other circumstances justify such waiver. The Director of Planning may require other such drawings, data or other information as deemed necessary. (Prior code § 9321; amended by Or d. No. 1294CCS, adopted 1/24/84) 9.20.06.030 Accompanying data and reports. The tentative subdivision map shall be accompanied by the following data or reports: (a) Title Report_ A preliminary title report, showing the legal owners at the time of filing the tentative subdivi-sion map; . (b) Environmental Impact Study. The various time limits set forth in this Chapter for taking action on tentative subdivision maps shall not be deemed to commence until the subdivision is found exempt or an initial study is completed and a negative declaration or environmental impact report, as appropriate, is prepared, processed and considered in accordance with the provisions of the Califor-.nia Environmeotal Quality Act. The subdivider shall provide -such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents; (c) Housing Element CompliancePlan. A plan for complying with any requirements of the Housing Element; (d) Building Plaus and Elevations; (e) Landscape Plao; (f) Condominium Specification Checklist; (g) CC & R'S; (h) Tenant Displacement List; (i) Tenants' Notice of Intent to Convert; (j) Notice of Intent to Convert; (k) Building Condition and History Report; (I) Conversion Report; (m) Energy Conservation Plan; (n) Application for Conditional Use Permit; ( o) Radius Map, Mailing List; (p) Preliminary Soil Report.. A preliminary soil report as required by Health and Safety Code Section 17953. The Building Officer may waive this requirement upon a deter-mination that no preliminary analysis is necessary because (Santa Monica 4-96)
9.20.06.030 Santa Monica Municipal Code of the lrnowledge of the Building Officer as to soil qualities of soil of the proposed subdivision or lot; ( q) Other Reports. Any other data or reports deemed necessary by the Director of Planning. (Prior code§ 9322; amended by Ord. No. 1294CCS, adopted 1/24/84) 9.20.06.040 Submittal and processing of tentative subdivision maps. The tentative subdivision map shall be accepted for filing only when such map conforms to Section 9.20.06.020 and when all accompanying data or reports as required by Section 9.20.06.030 have been submitted and accepted by the Director of Planning. The Director of Planning shall accept or reject such maps for filing in writing within thirty days of the date of submittal. Any map which is rejected for filing shall specify the reasons for the rejection. The time periods for acting upon such maps shall commence from the date of the letter accepting the map for filing. The subdivider shall file with the Director of Planning the number of tentative maps that the Director of Planning deems necessary. (Prior code § 9323; amended by Ord. No. 1294CCS, adopted 1/24/84; Ord. No. 1842CCS § 4, adopted 2/27/96) 9.20.06.050 Approval. The tentative subdivision map shall be approved, condi-tionally approved, or denied in accordance with the proce-dures set forth in Subchapter 9.20.14. (Prior code§ 9324; amended by Ord. No. 1294CCS, adopted 1/24/84) 9.20.06.060 Vesting tentative map. (a) A "vesting tentative map" is a tentative map as defined in this Chapter which shall have printed conspicu-ously on its face the words "Vesting Tentative Map" and which is processed in accordance with this Section. (b) Whenever a tentative map is required by this Chapter, a vesting tentative map may be filed instead. If a subdivider does not seek the rights conferred by a vesting tentative map, the filing of a vesting tentative map shall not be required as a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to constmction. (c) A vesting tentative map shall be processed in the manner provided in Sections 9.20.06.040 and 9.20.06.050 of this Chapter. A vesting tentative map shall be filed in the same form and with the same content as provided in Sections 9.20.06.020 and 9.20.06.030 of this Chapter except that the words "Vesting Tentative Map" shall be conspicu-ously printed on the face thereon. (d) A vesting tentative map shall expire and be subject to the same extensions as apply to a tentative map as set forth in this Chapter. (e) The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with those ordinanc-es, policies and standards in effect as of the date the application for a vesting tentative map is determined to be complete, or as otherwise permitted by Government Code Section 66474.2. If Government Code Section 66474.2 is repealed, the approval or conditional approval of a (Santa Monica 4-96) vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved. Approval of a vesting tentative map shall in no way limit or diminish the authority of the City to deny or impose reasonable conditions in conjunction with subse-quent approvals relating to the project provided the City applies those ordinances, policies and standards in effect at the time of approval of the vesting tentative map. (f) Notwithstanding subsection (e), the City may condition or deny a permit, approval, extension, or entitle-ment for use based upon ordinances, policies and standards enacted subsequent to tbe time the vesting tentative map is approved or conditionally approved if any of the following are determined: (1) A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both. (2) The condition or denial is required in order to comply with State or Federal law. (g) The rights referred to in this Section shall expire if a final map is not approved prior to the expiration of the vesting tentative map. After the final map is approved, the rights referred to in this Section shall apply for the following time periods: (1) An initial time period of one year after recordation of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded. (2) The initial time period provided in subsection (g)(1) shall be automatically extended by any time used by the City for processing a complete application for a grading permit or for design or architectural review, if the time . to process application exceeds thirty days from the date a complete application is filed. 532 (3) A subdivider may apply to the Planning Commission for a one-year extension at any time prior to the expiration of the initial time period provided by this Section. If the extension is denied, the subdivider may appeal that decision to the City Council within fifteen days. ( 4) If the subdivider submits a complete application for a building permit during the time period provided in this Section, the vested right to proceed shall be extended until the expiration of the building permit or any extension ·of that permit granted by the City. (h) Whenever a subdivider files a vesting tentative niap for a subdivision whose intended development is inconsis-tent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The City shall deny such a vesting tentative map or approve it conditioned upon the subdivider obtaining the necessary change in the zoning ordinance to eliminate the inconsis-tency. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall confer the vested right to proceed with devel-opment in substantial compliance with the change in the zoning ordinance and the map as approved.
Santa Monica Municipal Code 9.20.06.060 (i) Notwithstanding any provision of this Section, a property owner or his or her designee may seek approvals or permits for development which departs from the onli-nances, policies and standards descnbed in subsection (e), the City may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. (Prior code § 9325; amended by Ord. No. 1347CCS, adopted 11/26/85; Ore!. No. 1842CCS § 5, adopt-ed 2(27/96) Subchapter 9.20.08 Fiual Subdivision Maps 9.20.08.010 General. The form, contents, accompanying data, and filing of the final subdivision map shall conform to the provisions of this Subchapter and the Subdivision Map Act. The final subdivision map shall he prepared by or under the direction of a registered civil engineer or licensed land surveyor. (Prior code§ 9330; amended by Ord. No. 1294CCS, adopt-ed 1/24/84) 9.20.08.020 Survey reqnired. An accurate and complete survey of the land to he subdi-vided shall be made by a registered civil engineer or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the final map shall not exceed 1/10,000 for field closures and l/20,000 for calculated closures. At the time of making the survey for the final subdivision map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Business and Professions Code Section 8771 so that another engineer or surveyor may readily retrace the survey. At least one exterior boundary line shall be monumented prior to recording the final map. Other monuments shall be set as reqnired by the City Engineer. (Prior code § 9331; amended by .Ord. No. 1294CCS, adopted l/24/84) 9.20.08.030 Form. The form of the final subdivision map shall conform to the Subdivision Map Act and as set forth below: (a) The final subdivision map shall be legtbly drawn, printed or reproduced by a process guaranteeing a perma-nent record of black on tracing cloth or polyester base fihn. Certificates, affidavits and acknowledgements maybe legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a snitable substance to assure permanent legibility. . (b) The size of each sheet shall be eighteen by twenty-six inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be not less than one inch equals one hundred feet or as may be necessary to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each 533 adjoining sheet shall be clearly shown. When four or more sheets including the certificate sheets are used, a key sheet will be included. (c) All printing or lettering on the map shall be of one-eighth inch minimum height and of such shape and weight as to he readily legtble on prints and other reproduc-tions made from the original drawings. (d) The final form of the final subdivision map shall be as approved by the City Engineer. (Prior code § 9332; amended by Ord. No. 1294CCS, adopted 1/24/84) 9.20.08.040 Contents. The contents of the final subdivision map shall conform to the Subdivision Map Act and as set forth below: (a) Boundary. The boundary of the subdivision shall be designated by a heavy black line in such manner as not to obliterate figures or other data. (b) Title. Each sheet shall have a title showing the subdivision number and name and location of the property being subdivided with reference to maps which have been previously recorded, or by reference to the plat of a United States Survey. The following words shall appear in the title, "In the City of Santa Monica." (c) Certifieates. The following certificates shall appear only once on the cover sheet. (1) Owner's Certificate. A certificate, signed and acknowledged by all parties having record title interest in the land subdivided, excepting those parties having rights-of-way, easements, other interests which cannot ripen into a fee, or other exceptions provided by the Subdivision Map Act, and consenting to the preparation and recordation of the final subdivision map and offering for dedication to the public certain specific parcels of land. (2) Engineer's Certificate. A certificate by the engineer or surveyor responsible for the survey and final subdivision map shall appear on the map. The certificate shall give the date of the survey, state that the survey and final subdivision map were made by or under the direction of _ the engineer or surveyor, and that the survey is true and complete as shown.· The certificate shall also state that all monuments are of the character and occupy the positions indicated, or that they will be set in such position on or before a speci-fied later date. The certificate shall also state that the monuments are, or will be, snfficient to enable the survey to be retraced. The certificate shall be in the form reqnired by the Subdivision Map Act. (3) City Engineer's Certificate. A certificate by the City Engineer staling that the final subdivision map has been examined and that it is in accord with the tentative map and any approved alterations thereof, complies with the Subdivision Map Act and the provisions of the Chapter, and is technically correct. The City Engineer shall not execute such certification until receiving a report from the Director of Planning of compliance with all conditions of the tentative subdivision map. The certification shall be conditional on the City Council finding that all condi-tions of the tentative subdivision map have been complied with. (Santa Monica 4-96)
9.20.08.040 Santa Monica Municipal Code ( 4) City Clerk's Certificate. A certificate for execution by the City Clerk stating the date and number of the resolution adopted by the City Council approviog the final subdivision map and stating that the City Council accepted, accepted subject to improvement or rejected on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. ( 5) County Recorder's Certificate. A certificate to be executed by the County Recorder stating that the final subdivision map has been accepted for filing, that the final subdivision map has been examined and that it complies with the provisions of State laws and local ordinances governing the filing of final subdivision maps. The certificate shall show who requested the filing of the final subdivision map, the time and date the map was filed and the book and page where the map was filed. (6) County Clerk's Certificate. A certificate to be executed by the County Clerk stating that all taxes due have been paid or that a tax bond assuring the payment of all taxes which are a lien but not yet payable has been filed with the County. (d) Scale, North Point and Basis of Bearings. There must appear on each map sheet the scale, the north point and the basis of bearings in relation to a previously record-ed final map, and the equation of the bearing of true north. The basis of bearings shall be approved by the City Engi-neer. (e) Linear, Angular and Radial Data. Sufficient linear, angular, and radial data shall be shown to determine the bearings and lengths of monument lines, street centerlines, the boundary lines of the subdivision and of the boundary lines on every lot and parcel which is a part thereof. Length, radius and total central angle or radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimen-sions and data shown on the final subdivision map. (f) Monuments. The location and description of all existing and proposed monuments shall be shown. Standard City monuments shall be set at (or from off-sets as ap-proved by the City Engineer) the following locations: (1) The intersection of street centerlines; (2) Beginning and end of curves in centerlines; (3) At other locations as may be required by the City Engineer. (g) Lot Numbers. Lot numbers shall begin with the number 1 in each subdivision and shall continue consecu-tively with no omissions or duplications except where contiguous lands, under the same ownership, are being subdivided in successive units, in which event lot numbers may begin with the next consecutive number following the last number in the preceding unit Each lot shall be shown entirely on one sheet of the final subdivision map, uniess approved by the City Engineer. (h) · City Boundaries. City boundaries which cross or join the subdivision shall be clearly designated. (i) Street Names. The names of all streets, alleys, or highways within or adjoining the subdivision shall be shown. (j) Easements. Easements for roads or streets, paths, storm water drainage, sanitary sew~i:s or other public use as may be required, shall be dedicated to the public for (Santa Monica 4-96) 534 acceptance by the City or other public agency, and the use shall be specified on the final subdivision map. If at the time the final subdivision map is approved, any streets, paths, alleys or storm drainage easements are not accepted by the City Council, the offer of dedication shall remain open and the City Council may, by resolution at any later date, accept and open the streets, paths, alleys or storm drainage easements for public use, which acceptance shall be recorded in the office of the County Recorder. All easements of record shall be shown on the final subdivision map, together with. the name of the grantee and sufficient recording data to identify the conveyance, e.g., recorder's serial number and date, or book and page of official records. Easements not disclosed by the records in the office of the County Recorder and found by the surveyor or engineer to be existing, shall be specifically designated on the final subdivision map, identifying the apparent dominant tenements for which the easements were created. The sidelines of all easements of record shall be shown by dashed lines on the final subdivision map with the widths, lengths and bearings of record. The width and location of all easements shall be approved by the City Engineer. (k) Subdivision Improvement Agreements. If, at the time of approval of the final map, any public improvements required pursuant to this Chapter have not been completed and accepted in accordance with the conditions of the · tentative map, the subdivider shall enter into an agreement with the City to either complete the improvements at the subdividers expense or to create a special assessment for the financing and completion of such improvements. The City shall require a security guarantee for the completion of any such improvements. (I) For subdivisions of air space, an exploded isometric view of all air space lots shall be provided. Also section details, including vertical limits for all lots and public easements within the subdivision shall be furnished. (Prior code § 9333; amended by Ord. No. 1294CCS, adopted l/24/84; Ord. No. 1842CCS § 6, adopted 2/27/96) 9.20.08.050 Prelimioary submittal for City approval. The subdivider shall submit four sets of prints of the final subdivision map to the City Engineer for checking. The preliminary prints shall be accompanied by two copies of the following data, plans, reports and documents in a form as approved by the City Engineer: (a) Improvement Plans. Improvemeot plans as required by the Planning Commission or City Council. (b) Title Report. A title report showing the legal owners at the time of submittal of the final subdivision map. (c) Improvement Bond Estimate. The improvement bond estimate shall include all improvements within public rights-of-way, easements, or common areas and utility trench backfill as provided by the developer except for those utility facilities installed by a utility company under the jurisdiction of the California Public Utilities Commis-sion.
Santa Monica Municipal Code (d) Deeds for Easements or Rights-of-way. Deeds for easements or rights-of-way reqnired for road or drainage purposes which have not been dedicated on the final subdivision map. Written evidence acceptable to the City in the form of rights of entry or permanent easements across private property outside of the subdivision pennitting or granting access to perform necessary construction work and permitting the maintenance of the facility. (e) Joint Use of Right-of-Way Agreement. Agreements, acceptable to the City, executed by all owners of all utility and other easements within the proposed rights-of-way consenting to the dedication of the road or consenting to the joint use of the right-of-way, as may be reqnired by the City for public use and convenience of the road shall be required. These owners shall join in the dedication and subordinate their rights to the right of the public in the road. (f) Traverse Closures. Traverse closures for the boundary blocks, lots, easements, street centerlines and monument lines. The error of field closures in the traverse around the subdivision and around the interior lots or blocks shall not exceed one part in twenty thousand. 534-1 9.20.08.050 (Santa Monica 4-96)
(g) Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations of all storm drains. (h) Organization Documents. The submittal of the final subdivision map shall include the proposed Declaration of Covenants, Conditions and Restrictions, and all other · organizational documents for the subdivision in a form as prescribed by Civil Code Section 1355. (i) Any additional data, reports or information as required by the City Engineer. All documents shall be subject to review by the City Engineer and City Attorney. (Prior code§ 9334; added by Ord. No. 1294CCS, adopted 1/24/84) 9.20.08.060 Retnrn to subdivider's engineer for corrections. Upon completing the preliminary check the City Engi-· neer shall note the required correCtions on the preliminary prints, reports and · data and return one set to the subdivider's engineer for revision. (Prior code § 9335; added by Ord. No. 1294CCS, adopted 1/24/84) 9.20.08.070 Resnbmiual. The subdivider's engineer shall submit two (2) sets of the revised map, reports and data to the City Engineer. After checking the revisions, one set shall be returned to the subdivider's engineer marked approved as submitted, approved when corrected as noted or revise and resubmit. (Prior code§ 9336; added by Ord. No. 1294CCS, adopted 1/24/84) 9.20.08.080 Approval by the City Engineer and Planning Director. · Upon receipt of an apptoved print, the subdivider shall submit to the City Engineer the original tracing of the revised map, prepared in accordance with the Subdivision Map Act and this Chapter and corrected to its final form, and signed by all parties required by the Subdivision Map Act and this Chapter to execute the certificate on the map. The City Engineer and Director.ofPlanning shall sign the appropriate certificates and transmit the original to the · City Clerk. (Prior code § 9337; added by Ord. No. 1294CCS, adopted 1/24/84) 9.20.08.090 Approval. The final map shall be approved or denied in accordance with procedures set forth in Subchapter 9.20.16. (Prior code§ 9338; added by Ord. No. 1294CCS, adopted 1/24184) Subchapter 9.20.10. Tentative Parcel Maps 9.20.10.010 General. The form and contents, submittal, and approval of tentative parcel inaps shall conform to the provisions of this Subchapter and the Subdivision Map Act. The tentative parcel map shall be prepared by a registered civil engineer or licensed land surveyor. (Prior code § 9340; added by Ord. No. 1294CCS, adopted 1/24/84) 9.20.08.050 9.20.10.020 Form. The tentative parcel map shall be clearly and legibly drawn on one sheet. The scale shall be approved by the City Engineer and all lettering shall be one-eighth ('Is) inch minimum in height. The final form shall be approved by the City Engineer. (Prior code§ 9341; added by Ord. No. 1294CCS, adopted 1/24/84) 9.20.10.030 Content. The tentative parcel map shall show the following infor-mati.on: (a) Name and address of legal owner, subdivider, and the person preparing the map (including registration num-ber). The engineer or surveyor responsible for the prepara-tion of the map shall certify that all monuments are or will be set on or before a specified date. (b) Assessor's parcel number. (c) ·oate prepared, north arrow, scale and contour interval. (d) Existing and proposed land use. (e) Title. (f) A vicinity map, sufficient to show the relation to the local community. (g) Existing topography of the site and at least one · hundred (100) feet from its boundary, including but not limited to: (1) Existing contours at two (2) feet intervals, if the existing ground slope is less than ten percent and not less than five (5) feet intervals for existing ground slopes greater than or equal to ten percent. Existing contours shall be represented by screened or dashed lines. (2) Type, circumference, and dripline of exiting trees. Any trees proposed to be removed shall be so indicated. (3) The approximate location and outline of existing structures identified by type. Structures to be removed shall be so marked. ' ( 4) The approximate location of all areas subject tQ inundation or storm water overflow and the location, width and direction of flow of each watercourse. (5) The location, pavement, and right-of-way width, and grade and name of existing streets or highways. (6) Location and type of street improvements. (7) The location, size, and slope of existing storm drains. The location of existing overhead utility lines on peripheral streets. (8) The location, width, and identity of exiting ease-ments. (h) Any improvements proposed by the owner shall be shown. (i) If the site is to be graded, proposed contours shall be shown or on an approved grading plan. G) The proposed lot layout and lot areas. (k) Proposed easements or rights-of-way. (1) The source and date of existing contours. (m) A preliminary report of title showing the current vested owner. (n) A soils and/or engineering geology report may be required by the City Engineer. (Prior code§ 9342; added by Ord. No. 1294CCS, adopted 1/24/84) 535
9.20.10.040 9.20.10.040 Accompanying data and reports. The tentative parcel map shall be accompanied by the following data or reports: (a) Title Report. A preliminary title report, showing the legal owners at the time of filing the tentative parcel map. (b) Environmental lmpact Study. The various time limits set forth in this Chapter for taking action on tentative parcel maps shall not be deemed to commence until the parcel is found exempt or an initial study is completed and a negative declaration or environmental impact report, as appropriate, is prepared, processed and considered in accordance with the provisions of the California Envi-ronmental Quality Act. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents. (c) Housing Element Compliance Plan. A plan for complying with any requirements of the Housing Element. (d) Building Plans and Elevations. (e) Landscape Plan. (f) Condominium Specification Checklist. (g) CC & R'S. (h) Tenant Displacement List. (i) Tenants' Notice of Intent to Convert. G) Notice of Intent to Convert. (k) Building Condition and History Report. (l) Conversion Report. ( m) Energy Conservation Plan. (n) Application for Conditional Use Permit. ( o) Radius Map, Mailing List. (p) Preliminary Soil Report. A preliminary soil report as required by Health and Safety Code Section 17953. The Building Officer may waive this requirement upon a deter-mination that no preliminary analysis is necessary because of the knowledge of the Building Officer as to soil qualities of soil of the proposed parcel or lot. ( q) Other RepOrts. Any other data or reports deemed necessary by the Director of Planning. (Prior code § 9343; added by Ord. No. 1294CCS, adopted 1/24/84) 9.20.10.050 Submittal and processing of tentative parcel maps. The tentative parcel map shall be accepted for filing only when such map conforms to Section 9.20.10.030 and when all accompanying data or reports required by Section 9.20.10.040 have been submitted and accepted by the Di-rector of Planning. The Director of Planning shall accept or reject such maps for filing within fifteen (15) days of the date of submittal. Any map which is rejected for filing shall specify the reasons for rejection. The time period for acting upon such maps shall commence from the date of the letter accepting the map for filing. The subdivider shall file with the Director of Pl3!1ning the number of tenta-tive parcel maps that the Director of Planning deems neces-sary. (Prior code § 9344; added by Ord. No. 1294CCS, adopted 1/24/84) 9.20.10.060 Approval. The tentative map shall be approved, conditionally ap-proved, or denied in accordance with the procedures set forth in Subchapter 9.20.16. (Prior code § 9345; added by Ord. No. 1294CCS, adopted 1/24/84) 9.20.10.070 Waiver of parcel map. The Planning Commission may waive the requirements for a tentative and final parcel map when it is demonstrated · that the waiver is consistent with the purpose of this Chapter and the General Plan. No parcel map may be waived for a condominium, stock cooperative, community apartment project, or cooperative apartment, whether created ·by new construction or conversion. The decision of the Planning Commission shall not be appealable. (Prior code § 9346; amended by Ord. No. 1466CCS, adopted 2/14/89) 536 9.20.10.080 Procedure for waiver of parcel maps. The following procedure shall be followed for the waiver of a parcel map: (a) A subdivider shall submit a Request for Waiver of Parcel Map which shall set forth the manner in which the proposed division is consistent with the purpose of this Chapter and the General Plan. (b) A subdivider shall also submit a plot map of the proposed division which shall contain a detailed survey of all affected parcels. The content of the plot map shall be determined by the City Engineer. (c) The Director of Planning shall r'eview the Request for Waiver of Parcel Map and shall set the matter for public hearing before the Planning Commission as provided in Section 9.20.14.010. (d) The Planning Commission shall approve, condi-tionally approve or deny the Request for Parcel Map Waiver-after the contents of the plot map have been ap-proved by the City Engineer; (e) If the Plarining Commission approves or condition-ally approves the Request for Parcel Map Waiver, a Certifi-cate of Compliance shall be executed. The Certificate of Compliance shall identify the real property and shall state that the division thereof complies with applicable provisions of the Subdivision Map Act and this Chapter. Upon making such a determination the City shall cause the Certificate of Compliance to be filed for record with the County Recorder's Office. (Prior code § 9347; added by Ord. No. 1294CCS, adopted 1/24/84) Subchapter 9.20.12 Final Parcel Maps 9.20.12.010 . Final parcel maps. The form and contents, submittal, approval and filing of parcel maps shall -conform to the provisions of this Subchapter and the Subdivision Map Act. The final parcel map shall be prepared by or under the direction of a regis-tered civil engineer or licensed land surveyor. (Prior code. § 9350; added by Ord. No. 1294CCS, adopted 1/24/84)
9.20.U.020 Survey required. An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All monuments, property lines, centerlines· of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the parcel map shall not exceed one part in ten thousand (1/10,000) for field closures and one part in twenty thousand (1!20,000) for calculated closures. (Prior code § 9351; added by Ord. No. 1294CCS, adopted 1/24/84) 9.20.12.030 Form and content. The form and content of the final paroel map shall con-form to the requirements for final subdivision maps as specified by Sections 9.20.08.030 and 9.20.08.040 of this Chapter (except that any reference therein to a fmal subdivision map shall refer to a final parcel map). Lots shall be designated by letters commencing with" A". (Prior code § 9352; added by Ord No. 1294CCS, adopted 1/24/84) 9.20.12.040 Preliminary submittal for city approval. The subdivider shall submit four (4) sets of prints of the final parcel map to the City Engineer for checking. The preliminary prints shall be accompanied by two (2) copies of the following data, pians, reports and documents in a form as approved by the City Engineer: (a) . Improvement Plans. Improvement plans as required by the Planning Commission or City Council. (b) Title Report. A title report showing the legal owners ·at the time of submittal of the final parcel map. (c) Improvement Bond Estimate. The improvement bond estimate shall include all improvements within public rights-of:-way, easements, or common areas and utility · trench backfill as provided by the developer except for those utility facilities installed by a utility·company under the jurisdiction of the California Public Utilities Commis-sion. (d) Deeds for Easements or Rights-of-Way. Deeds for easements or rights-of-way required for road or drainage purposes which have not been dedicated on the fmal parcel map. Written evidence acceptable to the City in the form of rights of entry or permanent easements across private property outside of the parcel permilting or granting access to perform necessary construction work and permilting the maintenance of the facility. (e) Joint Use of Right-of-Way Agreement,. Agreements, acceptable to the City, executed by all owners of all utility and other easements ·within the proposed rights-of-way consenting to the dedication of the road or consenting to the joint use of the right-of-way, as may be required by the City for public use and convenience of the road shall be required. These owners shall join in the dedication and subordinate their rights to the right of the public in the road. (f) Traverse Closures. Traverse closures for the bound-ary blocks, lots, easements, street centerlines and monument lines. The error of field closures in the traverse around 537 9.20.12.020 the parcel and around the interior lots or blocks shall not exceed one part in twenty thousand (1/20,000). (g) Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations of all stoqn drains. (h) Organization Documents. The submittal of the final parcel map shall include the proposed Declaration of Cove-nants, Conditions and Restrictions, and all other organiza-tional documents for the subdivision in a form as prescribed by Civil Code Section 1355. (i) Any additional data, reports or information as required by the City Engineer. All docuii)ents shall be subject to review by the City Engineer and City Attorney. (Prior code§ 9353; added by Ord. No. 1294CCS, adopted 1/24/84) 9.20.12.050 Return to subdivider's engineer for corrections. Upon completing the preliminary checkthe City Engi-neer shall note the required corrections on the preliminary prints, reports and data and return one set to the subdivider's engineer for revision. (Prior code § 9354; added by Ord. No. 1294CCS, adopted 1/24/84) 9.20.12.060 Resubmittal. The subdivider's engineer shall submit two (2) sets of the revised map, reports and data to the City Engineer. After checking the revisions, one set shall be returned to the subdivider's engineer marked approved as submitted, approved when corrected as noted or revise and resubmit; (Prior code§ 9355; added by Ord. No. 1294CCS, adopted 1/24/84) . 9.20.12.070 Approval by the City Engineer and Planning Director. Upon receipt of an approved print, the subdivider shall submit to the City Engineer the original tracing of the revised map, prepared in accordance with the Subdivision Map Act and this Chapter and corrected to its final form, and signed by all parties required by the Subdivision Map~ Acf and this Chapter to execute the certificate on the map. The City Engineer and Director of Planning shall sign the appropriate certificates and transmit the original to the City Clerk. (Priqr code § 9356; added by Ord. No. 1294CCS, adopted 1/24/84) 9.20.12.080 Approval of final parcel map. A final parcel map Shall be approved or denied in accor-dance with the procedures set forth in Subchapter 9.20.16. (Prior code§ 9357; added by Ord. No. 1294CCS, adopted 1/24/84) Subchapter 9.20.14 Procedures for Approval for Tentative Maps 9.20.14.010 Notice of public hearings. Upon receipt of a valid application and upon receipt of the report and recOmmendations for the proposed tenta-tive map by the Director of Planning, the Secretary of the ·Planning Commission shall set the matter for public hear-ing. At least ten (10) calendar days before the public
9.20.14.010 hearing, the Secretary shall cause notice to be given of the time, daie and place of said hearing including a general explanation of the matter to be considered and a general description of the area affected, and the street address, if any, of· the property involved. Notice shall be given as follows: (a) Notice shall be published at least once in a news-paper of general circulation, published and circulated in the City. (b) Notice shall be given by mail or delivery to all property owners and tenants, including businesses, corpo-· rations or other public or private entities, within three hundred (300) feet of the property which is the subject of the application. · (c) In addition, in the case of a proposed conversion of residential real property to a condominium project, community apartment project or stock cooperative project, notice shall be given as required· by Subdivision Map Act. (d) In the event that the application has been requested by a person other than the property owner as such property owner is shown on the last equalized assessment roll, notice shall be mailed to the property owner. (e) Notice shall be given by first class mail to any person who has filed a written request with the Secretary of the Planning Commission. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. The City may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing. The failure to receive notice by any person entitled thereto by law or by this Chapter does not affect the validity of any action taken pursuant to the procedures set forth in this Chapter. (Prior code § 9360; added by Ord. No. 1294CCS, adopted 1/24/84) 9.20.14.020 .. Planning Commission action. The Planning Commission shall approve, conditionally approve or deny the tentative map and shall report its decision to the City Council and the subdivider within fifty (50) days after the tentative map has been accepted for filing. Any report or recommendation on a tentative map by the staff shall be in writing and a copy thereof served on the subdivider and on each tenant of the subject proper-ty, in the case of a proposed conversion of residential real property to a condominium project, community apartment project or stock cooperative project, at least three (3) days prior to any hearing or action on such map.by such advisory agency or legislative body. (Prior code§ 9361; added by Ord. No. 1294CCS, adopted 1/24/84) 9.20.14.030 Approval. (a) In approving or conditionally approving the tentative map, the Planning Commission shall find that the proposed subdivision, together with its provisions for its design and improvements, is consistent with applicable gerieral or specific plans adopted by the City of Santa Monica. (b) If no action is taken by the Planning Commission within the required time limit, as specified in the Subdivi-sion Map Act, the tentative map as filed shall be deemed to be approved, insofar as it complies with other applicable provisions of the Subdivision Map Act, this Chapter or other City ordinances, and it shall be the duty of the City Clerk to certify the approval. A tentative map which is deemed approved by the failure of the Planning Com-mission to act within the required time limit is subject to an appeal within ten (10) days of the date the tentative map is deemed approved. (Prior code § 9362; added by Ord. No. 1294CCS, adopted 1/24/84) 9.2o.I4.040 Denial. The tentative map may be denied by the Planning Com-mission on any of the grounds provided by City ordinances or the Subdivision Map Act. The Planning Commission shall deny approval of the tentative map if it makes any of the following findings: (a) The proposed map is not consistent with applicable general and specific plans as specified in Govermnent Code Section 65451. (b) The design or improvement of the proposed subdi-vision is not consistent with applicable general and specific plans. . (c) The site is not physically suitable for the type of development. (d) The site is not physically suitable for the proposed density of development. (e) The design of the subdivision or the proposed improvements are likely to cause substantial enviromnental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) The design of the subdivision or the type of improve-ment is likely to cause serious public health problems. (g) The design of the :rubdivision or the type of improve-ments will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it frnds that alternate easements for acce§S or for use will be provided, and that these will . be substantially equivalent to ones previous acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. 538 (h) The proposed subdivision is inconsistent with any, ordinance or law of the City of Santa Monica. (Prior code § 9363; added by Ord. No. 1294CCS, adopted 1/24/84) 9.20.14.050 Report to City Council. If a tentative map is approved or conditionally approved, including approval by failure of the Planning Commission to act within the time required by law, the Director of Planning shall make a written report to the City Council within five (5) days of such approval. (Prior code§ 9364; added by Ord. No. 1294CCS, adopted l/24/84)
9.20.14.IMO Extension of time for Planning Commission or City Council action. The time limits set forth above for acting on the tentative map may be extended by mutual consent of the subdivider and the Planning Commission or the City Council. (Prior . code § 9365; added by Ord. No. 1294CCS, adopted 1!24184) 9.20.14.070 Appeal. (a) By Subdivider. If the subdivider disagrees with any action by the Planning Commission with respect to the tentative map, the subdivider may, within-ten (10) days of such decision file an appeal in writing with the City Clerk. The City Council shall consider the appeal within thirty (30) days after the date of filing the appeal, unless the subdivider consents tn a continuance. This appeal shall be a public bearing after notice has been given pursuant to Section 9.20.14.010. 1n addition, notice shall be given to the subdivider and the Planning Commission. Upon conclusion of the public bearing, the City Council shall. within ten (10) days declare its findings. The City Council may sustain, modify, reject or overrule any recommenda-tions or rulings of the Planning Commission and may make such findings as ate not inconsistent with the provisions of this Chapter or the Subdivision Map Act. (b) By lnterested Pel'llOns. Any interested person, including a member of the Planning Commission or City Council, may file a complaint in writing with the City Council concerning such decision. Any such complaint shall be filed with the City Clerk within ten (10) days after · the action which is the subject of the complaint. No com-plaint may be filed after the ten (10) day period. Within ten (10) days, or the next regular City Council meeting following the filing of the complaint, whichever is later, the City Council may, at its discretion, reject the complaint or set the matter for hearing. If the City Council rejects the complaint, the complainant shlill be notified of such action. If the matter is set for public hearing, a public hearing sbail be held within thirty (30) days after filing of the complaint pursuant to the procedures contained in Section 9.20.14:010 with additional notice being given to each person filing a complaint. For purposes of this Chapter, interested person includes any resident of the City of Santa Monica. (Prior code § 9366; added by Ord. No. 1294CCS, adopted 1/24/84) 9.20.14.080 Tenant participating conversion processing fees. The City Council of the City of Santa Monica shall establish and amend from time to time processing fees for tenant participating conversion applications pursuant to Article XX of the City Charter. (Prior code § 9367; added by Ord. No. 1294CCS, adopted 1/24/84) Subchapter 9.20.16 Procedures for Approval of Final Maps 9.20.16.010 Approval by City Council. The final map together with the subdivision improvement agreement, shall be placed on the City Council agenda 9.20.14.060 for its approval. The City Council shall consider the final map for approval at its next regular meeting after the meet-ing at which it receives the map prepared in accordance with this Chapter. The City Council shall have approved any subdivision improvement agreement before approving the final map. If the subdivision improvement agreement and final map are approved by the City Council, it shall instruct the City Manager to execute the agreement on behalf of the City. If the subdivision improvement agreement and/or final map does not meet the requirements of the Subdivi-sion Map Act or this Chapter, the City Council shall deny the final map without prejudice tn the subdivider resubmit-ting a final map in compliance with the Subdivider Map Act and this Chapter. (Prior code § 9370; added by Ord. No. 1294CCS, adopted 1/24/84) 9.20.16.020 Denial by the City Council. The City Council shall not deny approval of the final map if it fmds that the final map is in substantial compli-ance with the previously approved tentative map. (Prior code§ 9371; added by Ord. No. 1294CCS, adopted l/24/84) 9.20.16.030 FiUng with the County Recorder. Upon approval of the final map by the City Council · and receipt of the improvement security by the City Engi-neer, the City Clerk shall execute the appropriate certificate on the certificate sheet and forward the map, or have an authorized agent forward the map, to the Clerk of the. County Board of Supervisors for transmittal to lite County Recorder. (Prior code§ 9372; added byOrd. No.1294CCS, adopted l/24/84) 9.20.16.040 Submittal by units. Multiple final maps relating to an approved or condi-tionally approved tentative map may be filed prior to the expiration of the tentative map; provided, however, that · the subdivider, at the time the tentative map is filed,-informs the Director of Planning of the subdivider's in ten-. lion to file multiple final maps on the tentative map. In providing such notice the subdivider shall not be required to define the number or configuration of the proposed multiple maps. However, the Planning Commission shall approve the sequence of map approvals. The filing of a· final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map. Each final map which constitutes a part, or unit, of the approved tentative map shall have a separate subdivision number. The subdivision improvement agree-ment to be executed by the subdivider sh.all provide for the construction of such improvements as may be required to constitute a logical and orderly development of the whole subdivision by units. (Prior code § 9373; added by Ord. No. 1294CCS, adopted l/24/84) 539
9.20.18.010 Subchapter 9.20.18 Expiration, Extensions and Amendments 9.20.18.010 Expiration. (a) An approved or conditionally approved tentative map shall expire twenty-four (24) months after its approval or conditional approval. (b) The period of time specified in Subdivision (a) shall not include any period of time specified in Government Code Section 66452.6(b ). (c) The period of time specified in Subdivision (a) shall · not include any period of time during which a lawsuit has been filed and is pending in a court of competent juris-diction involving the approval or conditional approval of a tentative map if a stay of the time period is approved pursuant to Section 9.20.18.030 of this Chapter. (d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map of all or any portion of the real property included within the tentative map shall be filed with the legislative body pursuant to Government Code Section 66457 without first processing a new tentative map. Once a timely filing is made, subsequent actions may lawfully occur after the date of expiration of the tentative map. (Prior code § 9380; added by Ord. No. 1294CCS, adopted 1/24/84) 9.20.18.020 Extensions. (a)· Application. Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which the map expires may be extended by the Planning Commission or City Council on appeal for a period or periods not exceeding a total of three (3) years. (b) Request by Subdivider. The subdivider or his engi· neer may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the Director of Planning. The applica-tion shall be filed not less than sixty ( 60) days before the map is to expire and shall state the reasons for requesting the extension. . . · (c) Planning Commission ActioJL The Director of Plan-· ning shall review the request and submit the application for the extension, together with a report, to the Planning Commission for approval or denial. A copy of the Director of Planning'neport shall be forwarded to the subdivider prior to the Planning Commission meeting on the extension. The resolution adopted by the Planning Commission approving an extension shall specify the new expiration date of the tentative map. The Planning Commission shall act upon the request within thirty (30) days of the filing of the written application. (d) Time limit of Extension. The approved extension shall not exceed three (3) years. (e) Appeal. The subdivider or any interested person may appeal imy action of the Planning Commission on the extension to the City Council within ten (10) days of such action. The City Council shall act upon the appeal within twenty (20) days. (Prior code§ 9381; added by Ord. No. 1294CCS, adopted 1/24/84) 540 9.20.18.030 Silly of expiratioJL The subdivider may apply to the City Council for a stay of the expiration of a tentative subdivision or parcel map provided an application is filed pursuant to this section within ten (10) days of the service of the initial petition or complaint in a lawsuit involving the approval or condi-tional approval of a tentative subdivision or parcel map. Upon receipt of a valid application, a public hearing will be conducted pursuant to Section 9.20.14.0!0within forty ( 40) days and the City Council shall either stay the expira-tion of the tentative map for up to five (5) years or deny the requested stay. (Prior code § 9382; added by Ord. No. 1294CCS, adopted 1/24/84) 9.20.18.040 Amendments to approved tentative map. Minor changes in the tentative map may be approved by the Director of Planning upon application by the subdi-vider or on the initiative of the Director of Planning, provided: (a) No lots, units or building sites are added. (b) Such changes are consistent with the intent and spirit of the original tentative map approval. (c) There are no resulting violations of the Santa Monica Municipal Code. Any revision shall be approved by the Director of Planning and the City Engineer. The amendment shall be indicated on the approved inap and certified by the Director of Planning and the City Engineer. Amendments of the tentative m~p other than minor shall be presented to the Planning Commission for approval. Processing shall be in accordance with Subchapter 9.20.14. Any approved amendment shall not alter the expiration date of the tentative map. (Prior code § 9383; added by . Ord. No. 1294CCS, adopted 1/24/84) Subchapter 9.20.20 Standards for Decisions 9.20.20.010 Compliance with Condominium Law. No tentative map shall be approved under this Chapter for any subdivision or parcel that does not meet the require· ments of the Condominium Law contained in prior code Section 9122 of this Code. (Prior code § 9391; added by Ord. No. l294CCS, adopted 1/24/84) 9.20.20.020 Nondiscrimination. All tentative maps shall be conditioned upon the Dec-laration of Covenants, Conditions, and Restrictions con· taining a nondiscrimination clause in substantially the following form: "No unit owner shall execute or' file for record any instrument which imposes a restriction upon the sale, leasing or occupancy of his or her unit on the basis of sex, race, color, religion, ancestry, national origin, age, pregnan~ cy, marital status, family composition, or the potential or actual occupancy of minor children. A condominium association shall not discriminate on the basis of sex, race, color, religion, ancestry, national origin, age, pregnancy, marital status, family composition, or the potential or actual occupancy of minor children." (Prior code § 9392; added by Ord. No. 1294CCS, adopted 1/24/84)
Santa Monica Municipal Code 9.20.20.030 Air space subdivision. For air space subdivisions, minimum lot size, lot dimen-sion and lot area requirements, parking requirements, setback requirements, building density limitations, building envelope limitations, yard requirements, landscaping requirements, inclnsionary honsing requirements, Building Code and other technical code requirements, and other standards affecting the development of the property shall be determined for the air space lots as if all lots in the air space subdivision were merged into the same lot. All tentatiVe maps crating air space lots, other than condominiums, community apartments, or oooperatiVe apartments, shall be conditioned upon the recordation, prior to final map approval, of deed restrictions, or other instruments in a form acceptable to the City Attorney, which: (a) Ensure that the air space lots have access to appropriate public rights-of-way by means of one or more easements or other entitlements to use, in a form satisfacto-ry to the City Engineer; and (b) Restrict each lot so that minimum lot size, dimen-sion and area requirements, parking requirements, setback requirements, building density limitations, building envelope limitations, yard requirements, landscaping requirements, inclusionary housing requirements, Building Code and other technical code requirements, and other standards affecting the development of the property are determined for the air space lots as if all lots in the air space subdivision were merged into the same lot. (Added by Ord. No. 1842CCS § 7, adopted 2!27/96) 540-1 9.20:20.030 (Santa Monica 4--96)
Santa Monica Municipal Code 9.24.010 Sections: 9.24.010 9.24.020 9;24.030 9.24.040 9.24.050 9.24.060 9.24.070 9.24.080 9.24.090 9.24.100 9.24.110 9.24.120 9.24.130 9.24.140 9.24.150 9.24.160 Chapter 9.24 MASTERPLAN Purpose. Conservation plan. Land use plan. Recreation plan. Streets and highway plan. Transportation plan. Transit-plan. Public services and facilities. Public buildings. Community design. Housing. Additional plans and data. Amendments, extensions and additions. New or revised elements. General purposes of the plan. Adoption of ,a master plan. 9.24.010 Purpose. It shall be the function and duty of the Planning Commission to prepare and adopt a master plan for the physical development of the municipality, including any area outside its boundaries which in the Commission'sjudgment, bears relation to the planning for the City. The master plan, with the accompanying maps, plats, charts, and descriptive and explanatory matter, shall show the Commission's recommendations for the ~aid physical development and may comprise any, all, or any combination of the plans specified in this Chapter as follows: (Prior code§ 9400; added by Ord. No. 231 CCS, adopted I 0/1 0/50) 9.24.020 Conservation plan. For the conservation, development and utilization of natural resources, including water, soils, beaches, harbors, fisheries, wild 1ife, minerals and other natural resources. Such plan also shall cover the reclamation ofland-and waters, flood control, prevention ·and control-of the .pollution of waters, regulation of the use of land areas required for the accomplishment ofthe conservation plan, prevention, control and correction of the erosion of soils, beaches and shores. (Prior code § 940 I; added by Ord. No. 231 CCS, adopted. 10110/50) 9.24.030 Land use plan. An inventory and classification of land types and of existing land uses, and comprehensive plans for the most desirable utilization of land. (Prior code § 9402; added by Ord. No. 231 CCS, adopted I 0/1 0/50) 9.24.040 Recreation plan. Showing a comprehensive system of recreation areas, including parks, beaches, playgrounds and other recreation areas, including when pr3;cticable, the locations and proposed 541 development thereof. (Prior code § 9403; added by Ord. No. 231 CCS, adopted I 0/1 0/50) 9.24.050 Streets and highway plan. Showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets; the recommended treatment thereof, and a system of street naming or numbering, and house numbering, with recommendations concerning proposed changes. (Prior code § 9404; added by Ord. No. 231 CCS, aqopted I 0/1 0/50) 9.24.060 Transportation plan. Showing a comprehensive transportation system, including locations or rights. of way, tenninals, viaducts and grade separations. Such plan also may include port, harbor, aviation and related facilities. (Prior code§ 9405; added by Ord. No. 231CCS, adopted 10/10/50) 9.24.070 Transit plan. Showing a proposed system of transit lines, including rapid transit; street car, motor coach and trolley coach lines and related facilities. (Prior code § 9406; added by Ord. No. 231 CCS, adopted I 0/1 0/50) 9.24.080 Public services and facilities. Showing general plans for sewerage, drainage and utilities, and rights of way, easements and facilities therefor. (Prior code§ 9407; added by Ord. No. 231CCS, adopted 10110/50) 9.24.090 Public buildings. Showing locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof. (Prior code§ 9408; added by Ord. No. 231 CCS, adopted I 0/1 0/50) 9.24.100 Community design. Standards and principles governing the subdivision ofland and recommended patterns for community design and development. (Prior code§ 9409; added by Ord. No. 231 CCS, adopted 10/1 0150) 9.24.110 Housing. Survey of housing conditions and needs, and plans and procedure for improvement of housing standards and for provision of adequate housing. (Prior code § 941 0; added by Ord. No. 23ICCS, adopted 10/10/50) 9.24.120 Additional plans and data. The Commission-may prepare and adopt, as part of the master plan, other and additional plans and data dealing with -such. other subjects as -in its judgment may relate -to the physical development of the City, and nothing contained in this Chapter shall be deemed to prohibit the preparation and adoption of any such subject as a part of the master plan. (Prior code § 9411; added by Ord. No. 231CCS, adopted 10/10/50) (Santa Monica Supp. No. 45, 5-05)
9.24.130 Santa Monica Municipal Code 9.24.130 Amendments, .extensions .and additions. The Commission may from time to time amend, extend, or add to the plan or carry any part of subject matter into greater detail. (Prior code § 9411 A; added by Ord. No. 231 CCS, adopted 10/1 0/50) 9.24.140 New or revised elements. In addition to those elements previously set forth in this Chapter, the following new or revised elements shall be included in the general plan: a land use element, a circulation element, a housing element, a conservation element, an open space element, a seismic safety element, a safety element, a noise element, and a scenic highway element,. in conformity with State requirements. Stich other and further elements; or-amendments to the above elements may be added or made from time to time, to comply with State requirements. (Pi-ior code § 9411 B; added by Ord. No. 231 CCS, adopted I 0/1 0/50) 9.24.150 General purposes of the plan. In the preparation of the master plan, the Commission shall make car~ful and comprehensive-surveys and studies of the existing conditions and probably future growth of the municipality and its environs. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the municipality which, in accordance with existing and future needs, will best promote public health, safety, morals, convenience, prosperity, or the general welfare, as well as efficiency and economy in the process of development. (Prior code § 9412; added by Ord. No. 23!CCS, adopted 10/10/50) 9.24.160 Adoption of a master plan. The Commission may prepare and adopt all or any part of the master plan and may recommend such plans to the City Council for adoption as official plans. Before recommending to the City Council any such plan, or any amendment thereto, the Planning Commission shall hold at least one public hearing, notice of the time and place of which shall be given by one publication in a newspaper of general circulation in the City and by such other means as the Commission may deem necessary. The adoption of the plan or any part, amendment, or addition, shall be by resolution carried by the affirmative votes of not less than a majority of all of the members of the Commission. The resolution shall refer expressly to the maps, descriptive matter and other matters intended by the Commission to form the whole or part Of the plan and the action taken shall be recorded on the adopted plan or part thereof by the identifYing signature of the secretary of the Commission, and a copy of the-plan or part thereof shall be certified to the City CounciL Upon receipt of a certified. copy of the master plan, or· any. p11rt thereof, or amendment thereto, as adopted by the Planning Commission, the City Council shall adopt such parts thereof as reasonably may be applied tO the development of the City for a reasonable period of time ensuing. Such parts shall thereupon be endorsed and certified as official plans thus adopted for the territory covered and hereby are declared to be ·{Santa Monica Supp. No. 45, 5-05) 542 established to conserve and promote the public health, safety and general welfare. Before adopting any such plan or part thereof or amendment thereto, the City Council shall hold at least one public hearing thereon, notice of the time and place of which shall be published at least once in a newspaper of general circulation in the City at least ten days before the day of such hearing. No change in or addition to the master plan or any part thereof, or amendment thereto, as adopted by the Planning Commission, shall be made by the City Council in adopting the same as an official plan until the said proposed change or addition shall have been-referred to the Planning Commission for a report thereon and an attested copy of such report shall have been filed with the City Council. Failure of the Planning Commission so to report within forty days,-or such longer.period as may be designated by the City Council, after such reference, shall be deemed to be approval of the proposed change or addition. (Prior code § 9413; added by Ord. No. 231CCS, adopted 10/10/50) Sections: 9.32.010 9.32.020 9.32.030 9.32.040 9.32.050 9.32.060 9.32.070 9.32.080 9.32.090 9.32.100 9.32.110 9.32.120 9.32.130 9.32.140 9.32.150 9.32.160 9.32.170 9.32.180 Chapter 9.32 ARCHITECTURAL REVIEW Purpose. Definitions. Architectural Review Board-Membership. Guidelines and standards. Guidelines and standards-Submission for approval-Maintenance and availability of copies. Appointment and term of office. Rules. Officers, election of officers. Secretary. Meetings. Architectural review districts. Jurisdiction. Procedure for review. Criteria. Site plans. Appeals. Architectural review district boundaries. Posting of property. 9.32.010 Purpose. The purpose ofthis Chapter is to promote the public health, safety and general welfare by establishing-such_ procedures and providing such regulations as are deemed necessary to preserve existing areas of natural beauty, cultural importance; to assure that buildings, structures, signs or other developments are in good taste, good design, harmonious with surrounding developments and in general contribute to the preservation of Santa Monica's reputation as a place of
Santa Monica Municipal Code 9.32.010 beauty, spaciousness and quality; to prevent the development of structures or uses which are not of acceptable exterior design or appearance, are of inferior quality or likely to have a depreciating effect on the local environment or surrounding area by reason of appearance or value: to eliminate conditions, structures, signs or uses which by reason of their effect tend to degrade the health, safety or general welfare of the community; and provide a continuing source of programs and means of improving the City's overall appearance. (Prior code § 9501; added by Ord. No. 959CCS, adopted 7/9174) 9.32.020 Definitions. For purposes of this Chapter, the following definitions ·shall have the meanings defined herein: (a) Chapter -Shall refer to Chapter 9.32, Article 9, Santa Monica Municipal Code. (b) Committee-Shall mean the Architectural Review Committee. (c) Commission -Shall mean the Santa Monica Planning Commission. (d) Council -Shall mean the Santa Monica City Council. (e) District -Shall mean an officially designated architectural review district. (f) Member -Shall mean a voting member of the Architectural Review Committee. (Prior code § 9502; added by Ord. No. 959CCS, adopted 7/9/74) 9.32.030 Architectural Review Board-Membership. An Architectural Review Board is hereby established which shall consist of seven members. At least two of the members shall be professional architects. Other members of the board shall be persons who, as a result of their training, experience, and attainments, are qualified to analyze and interpret architectural and environmental trends and infonnation, to appraise resource uses in light of the policies set forth in ·this Article, to be responsive to the social, aesthetic, recreational and cultural needs of the community. Other expertise such as conservation, recreation, design, landscaping, the arts, urban planning, cultural-historical preservation, and ecological and environmental scierrce shall, insofar as practicable, be represented on the Board. The Landmarks Commission may select one of its members to provide acti~e liaison with the Board when the Board is considering additions to or modifications ofhistoric resources. The cOmmissioner chosen shall neither have a vote on the Board nor be eligible to be its chairperson. (Prior code§ 9503; added by Or d. No. 959CCS, adopted 7/9174; amended by Ord. No. 1003CCS, adopted 7/8175; Ord. No. 2131CCS § 14, adopted 7/27/04) 9.32.040 Guidelines and standards. The Architectural Review Board may, by resolution, establish guidelines and standards for its evaluation of proposed developments within an architectural review district, to supplemefit the criteria set forth in this Chapter. Such guidelines and standards shall reflect and effectuate t~e purposes expressed by Section 9.32.0 l 0 of this Code and shall include, but need not be limited to, consideration of the following elements: 1. The integrity of neighborhood environments: 2. Existing local, social, aesthetic, recreational and cultural facilities, designs and pattems within the district; 3. The disparate eleme.nts of neighborhood communities within a district and the architectural relationship of adjoining · neighborhood communities; and· . 4. General patterns and standards of architectural development within the entire district. (Prior code § 9503A; added by Ord. No. I 003CCS, adopted 7/8/75) 543/547 (Santa Monica Supp. No. 45, 5-05)
9.32.050 Guidelines and standards-Submission for approval-Maintenance and availability of copies. · The guidelines and standards established by the Archi-tectural Review Board shall be submitted for approval to · the Commission after adoption by the Board. Copies of the effective, current guidelines and standards shall be maintained and made available to the public by the Plan-ning Department of the <;;ity. (Prior code§ 9503B; added by Ord. No. 1003CCS, adopted 7/8(75) 9.32.0ti0 Appointment and tenn of office. The members of the Committee shall be subject to re-moval by motion of the City Council by at least five (5) affirmative votes. Except as otherwise provided herein, the members of the Committee shall serve for a term of four (4) years, commencing on July 1 and until their respective successors are appointed and qualified. The members first appointed to the Committee shall so classify themselves by lot that the term of one of their number shall expire on the next succeeding July 1, and the balance of the Committee shall be paired by lot and serve terms to such an extent as is necessary in order that . the terms of at least one such pair shall expire in each succeeding year. Thereafter, any appointment to fill an unexpired term shall be for such unexpired period. (Prior code § 9504; added by Ord. No. 959CCS, adopted 7/9(74) 9.32.070 Rules. The Committee shall adopt rules and regulations for the conduct of its business. Four ( 4) voting members shall constitute a quorum. The affirmative or negative vote of a majority of the entire membership of the Committee shall be necessary for it to take action. No item shall be included on the consent calendar of the Committee's agenda unless all members agree to the inclusion of such item. 1f any member of the Committee objects to scheduling a particular application on the consent calendar, said application shall be removed from the consent calendar and set for public hearing, and the Committee shall be granted an additional fifteen days to execute action on the application. (Prior code § 9505; added by Ord. No. 959CCS, adopted 7!9n4) 9.32.080 Officers, election of officers. As soon as practicable following the appointment or reappointment of members each year, the Committee shall organize and elect from its own membership a Chairman and a ChairmiUl Pro.Tem. (Prior code§ 9506; added by Ord. No. 959CCS, adopted 7/9/74) 9.32.090 Secretary. The Director of Planning shall serve as the official secretaryto the Committee. The records of all proceedings and basis for all findings shall be available to the Council and to the public. (Prior code§ 9507; added by Ord. No. 959CCS, adopted 7/9n4) 9.32.050 9.32.100 Meetings. The cominittee shall meet at established intervals, at least twice each month, or as otherwise determined by the Committee, on regularly scheduled dates .. Meetings shall be arranged in order. to process applications within the time required by this Ordinance. (Prior code § 9508; added by Ord. No. 959CCS, adopted 7/9(74) 9.32.110 Architectural review districts. The Architectural Review Board upon its own motion may recommend to the City Council, after the review and comment of the Planning Commission thereon, any com-mercial; industrial, residential, or other area, or a combid nation of areas within the corporate boundaries of the City for inclusion in an architectural review district The City Council, upon such recommendation, or upon its own motion, may establish one or more architectural review districts by ordinance which may include any or all portions of the City. (Prior code § 9509; added by Ord. No. 959CCS, adopted 7/9(74; amended by Ord. No. 1003CCS, adopted 7/8(75) 9.32.120 Jurisdiction. Unless plans, elevations, landscaping and proposed signs . for building or structures or alterations thereto have been approved by the Board or on appeal by the Commission, no building permit shall be issued for any building, structure or other development of property or appurtenances thereto, · on any property situated in an established architectural review district, except that the Board under authority of Section 9.32.070 of tbis Chapter, may, by resolution, autho-rize the building officer or other official to approve applica-tions for building permits for minor or insignificant develop-ment of property which would not defeat the purposes and objectives of this chapter. No completed project which receives the Board's approval prior to the issuance of a building permit for the construction thereof, shall receive_ -a certificate of occupancy or final building inspection approval until the Director of Planning or the. Director's delegate certifies to the Building Department that such construction has complied with the conditions and restric-tions, if any, imposed by the Board or the Commission, and that the fmal construction is in conformity with the plans approved by the Board and/or the Commission. With regard to plans or proposal~ which require the approval of the Board, including, but not limited to subdi-vision maps, conditio~al use Permits, and variances, such ·· matters shall be first considered by the Commission, and thereafter, when appropriate, shall be considered by the Board which shall be authorized to approve, conditionally approve or disapprove exterior elevations, landscaping, signs and. general appearance and impose such conditions as it believes reasonable and necessary and as would not be in conflict with any of the conditions or requirements of the Commission. (Prior code§ 9510; added by Ord. No.· 959CCS, adopted 7/9(74; amended by Ord. No. 1003CCS, adopted 7/8(75) 549
9.32.130 9.32.130 Procedure for reView. (a) Preliminary sketches of the design of a proposed structure or alteration may be submitted to the Planning Department for informal review so that an applicant may be informed of Committee policies prior to preparing working drawings. The applicant for a building permit when subject to . requirements of this article shall submit to the Planning Department a site plan as defined by Section 9.32.150 and exterior elevations and such other data as will assist the Committee in evaluating the propnsed building or structure. Exterior elevation drawings shall be available when Com; mittee agendas are published. Preliminary plans and elevations shall be drawn to scale and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this Chapter. The first sheet of each set of plans shall give the street. address of the work and the name and address of the owner and the person who prepared them. The plot plan shall conform to Section 9.32.150. Work not thus presented may be rejected by the Planning Director. (b) The Planning Director shall refer said plans to the Committee at its pext regular meeting. The Committee shall act on the application within thirty (30) days after the filing of full and complete data, unless an extension of time is consented to by the applicant. (c) Fees. For each application for review submitted to the Architectural Review Board the Planning Director shall charge and collect a fee of twenty-five dollars ($25). (Prior code § 9511; added by Ord. No. 959CCS, adopted 7!9n4; amended by Ord. No. 1099CCS, adopted 7!25nB) 9.32.140 Criteria. The Board may approve, approve with conditions, or disapprove the issuance of a building permit in any matter subject to its jurisdiction after consideration of whether the following criteria are complied with: a. The plan for the proposed building or structure is expressive of good taste, good design, and in general contributes to the image of Santa Monica as a place of beauty, creativity and individuality. b. ·The proposed building or structure is not of inferior quality such as to cause the nature of the local neighbor-hood or enviromnent to materially depreciate in appearance and value. c. The proposed design of the building or structure is compatible with developments on land in the general area. d. The proposed development is in conformity with the effective guidelines and standards adopted pursuant to this chapter and all other applicable ordinances insofar as the location and appearance of the buildings and struc-tures are involved. If the Board finds that the above criteria are complied with, the application shall be approved. Conditions may be imposed when the proposed building or structure does not comply with the above criteria and shall be such to bring such building or structure into conformity therewith. If an application is disapproved, the Board shall detail 550 in its findings the criteria which are not complied with or the guidelines which are violated, or both. Any action taken by the Board in regard to a proposed development shall include fmdings, and be reduced to writing, signed by the Chairman, and a copy thereof shall be given to the appli-cant, in person, or by United States mail, upon request. A decision or order of.the Board shall not become effective until the expiration of ten (10) days after the date upon which a ruling has been made. The criteria established herein may be changed, from time to time, by ordinance, upon request of the. Board, or upon motion of the City Council. (Prior code § 9512; added by Ord No. 959CCS, adopted 7/9n4; amended by Ord. No. 1003CCS, adopted 7/8n5) 9.32.150 Site plans. A site plan shall be drawn ·to scale and shall indicate the following sufficiently for consideration of visual, safety and economic factors: a. Dimensions and orientation of the parcel. b. Location of buildings and structures both existing and proposed. c. Location of off-street parking and loading facilities. d. Location of points of entry and exit for motor vehi-cles and internal circulation factors. e. Location of walls and fences and the indication of their height and the materials of their construction. f. Indication of exterior lighting standards and devices adequate to review possible hazards and disturbances to the public and adjacent properties. g. Location and size of exterior signs and outdoor advertising. h. A preliminary landscaping plan. i. Such other architectural and engineering data as may be required to permit necessary findings that the provi-sions of this chapter are being complied with. (Prior code § 9513; added byOrd. No. 959CCS, adopted 7/9(74; amend-ed by Ord. No. 1003CCS, adopted 7/BnS) 9.32.160 Appeals. The applicant or any interested person may appeal to the Commission from any ruling of the Board made pursu-ant to this Chapter. Further, any member of the Commis-sion may request a review by the Commission of any ruling of the Board. Notice of any appeal from the ruling of the Board must be filed within ten (10) days of the date that such ruling is made, and must be accompanied, except in the case of a review by request of a member of the Com-mission, by the fee established by Section 9151 of Chapter 9.04 Article 9 of the Santa Monica Municipal Code. When such an appeal is made from a ruling of the Board, the Commission shall set a hearing date within thirty (30) days of the receipt of said notice of appeal. The Commission shall hear the appeal at the earliest practical date. The Commission shall decide the appeal within thirty (30) days after said hearing and shall base its decision on the evidence submitted to it at said hearing, and upon the record from the Board and such other records as may exist in the case. The decision of the Commission upon such appeal, relative to any matter within the jurisdiction of the Board, shall
Santa Monica Municipal Code 9.32.160 be final. (Prior code § 9514; added by Ord. No. 959CCS, adopted 7/9/74; amended by Ord. No. 1003CCS, adopted 7/8175) 9.32.170 Architectural review district boundaries. Pursuant to Section 9.32.110 of the Santa Monica Municipal Code, an architectural review district is hereby established. Said architectural review district shall be composed of all commercial, industrial and residential areas within the corporate boundaries of the City, with the exception of those areas designated as R-1 Districts by Article 9 of the Santa Monica Municipal Code, and those structures for which a certificate of appropriateness is· obtained from the Landmarks Commission (or City Council on appeal) pursuant to Chapter 9.36 of the Santa Monica Municipal Code. Noncontributing structures located within Historic Districts shall be subject to architectural~ review unless otherwise exempted by the ordinance that establishes procedures for the alteration of structures within the Historic District. Single-family structures, including accessory structures, in all districts in the City except for ·those structures located in the RZR Medium Density Multiple Family Coastal Residential District are also exempt from Architectural Review Board district boundaries. (Prior code§ 9515; amended by Ord. No. 1003CCS, adopted 7/8/75; Ord. No. 1651CCS § 1, adopted 10/13/92; Ord. No. 2131CCS § 15, adopted 7/27/04; Ord. No. 2206CCS § 4 adopted 1 0/3/06; Ord. No. 2207CCS § 4, adopted 10/3/06; Ord No. 2218CCS § 1, adopted 2/13/07) 9.32.180 Posting of property. Within ten days after an application for architectural review has been filed, the applicant shall post the property with a preprinted sign or signs prepared by the City measuring thirty inches by forty inches in size. Except as set forth in this Section, the posting shall be in accordance with the requirements as to content, location(s), number of signs, height, lettering and posting period as established by the Zoning Administrator to ensure adequate notice. The application shall not be considered complete unless the site has been posted pursuant to this Section. Sign and landscape applications and applications subject to administrative approval are exempt from the requirements of this Section. (Prior code§ 9517; added by Ord. No. 1645CCS § 9, adopted 9/22/92; amended by Ord. No.· 2089CCS § 1, adopted 7/22/03) Chapter 9.36 LANDMARKS AND HISTORIC DISTRICTS Sections: 9.36.010 9.36.020 9.36.030 9.36.040 9.36.050 9.36.060 Title. Purpose. Definitions. Landmarks Commission. VacanCies. Powers. 551 9.36.070 9.36.080 9.36.090 9.36.100 9.36.110 9.36.120 9.36.130 9.36.140 9.36.150 9.36.160 9.36.170 9.36.180 9.36.190 9.36.200 9.36.210 9.36.220 9.36.230 9.36.240 9.36.250 9.36.260 9.36.270 9.36.280 9.36.290 9.36.300 Jurisdiction.-Structure of merit criteria. Structure of merit designation procedure. Landmark or Historic District designation criteria. Public spaces. Landmark designation procedure. Historic District designation procedure. Alterations and demolitions: Criteria for issuance of a certificate of appropriateness. Certificate of appropriateness for structures of merit. Certificate of economic hardship. Certificate of appropriatenr;,ss/certificate of eConomic hardship procedure. Appeals. Maintenance and repair. Unsafe or dangerous conditions. Ordinary maintenance. Map. Voluntary restrictive covenants. Waiver. Extension of certificate of appropriateness. Recordation of landmarks and historic districts. Preservation incentives. CEQA time extensions. The Third Street Neighborhood Historic District. The Bay Craftsman Cluster Historic District. 9.36.010 Title. This Chapter shall be known as the Landmark and Historic District Ordinance of the City of Santa Monica. (Prior code§ 9600; added by Ord. No. l028CCS, adopted 3/24/76; amended by Ord. No. 1590CCS § 1, adopted 7/23/91) 9.36.020 Purpose. It is hereby declared as a matter of public policy that the purpose ofthis Chapter is to promote the public health, safety and general welfare by establishing such procedures and providing such regulations as are deemed necessary to: (a) Protect improvements and areas which represent efements of the City's cultural, social, economic, political and architectural history. (b) Safeguard the City's historic, aesthetic and cultural heritage as embodied and reflected in such improvements and areas. (c) Foster civic pride in the beauty and noble accomplishments of the past. (Santa Monica Supp. No. 53, 5-07)
9.36.020 Santa Monica Municipal Code (d) Protect and enhance the City's aesthetic and historic attractions to residents, tourists, visitors and others, thereby serving as a stimulus and support to business and industry. (e) Promote the use of Landmarks, Structures of Merit and Historic Districts for the education, pleasure and welfare of the people of this City. (Prior code§ 9601; added by Ord. No. l028CCS, adopted 3/24176; amended by Ord. No. l590CCS § l, adopted 7/23/91) 9.36.030 Definitions. As used in this Chapter; the following words and phrases shall have the meaning set forth herein, unless it is apparent from the context that a different meaning is intended: Certificate of Appropriateness: A certificate issued by the Landmarks Commission approving such plans, specifications, statements of work, and any other information which is reasonably required by the Landmarks Commission to make a decision on any proposed alteration, restoration, construction, removal, relocation or demolition, in whole or in part, of or to a Structure of Merit, Landmark or Landmark Parcel, or to a building or structure within a Historic District. Contributing Building or Structure: A building or structure which has been identified by the Landmarks Commission as one which contributes to the designation of an area as a Historic District. Exterior Features: The architectural style, design, general arrangement, components and natural features or all of the outer surfaces of an improvement, including, but not limited to, the kind, color and texture of the building material, the type and style of all windows, doors, lights, signs, walls, fences and other fixtures appurtenant to such improvement, and the natural form and appearance of, but not by way of limitation, any grade, rock, body of water, stream, tree, plant, shrub, road, path, walkway, plaza, fountain, sculpture or other form of natural or artificial landscaping. Historic District: Any geographic area or noncontiguous grouping of thematically related properties which the City Council has designated as and determined t0 be appropriate for historical preservation pursuant to the provisions of this Chapter. Improvement: Any building, structure, place, site, work of art, landscape feature, plantlife, life-form, scenic condition or other object constituting a physical betterment of real property, or any part of such betterment. Landmark: Any improvement which has been designated as and determined to be appropriate for historical preservation by the Landmarks Commission, or by the City Council on appeal, pursuant to the provisions of this Chapter. Landmark Parcel: Any portion of real property, the location and boundaries as defined and described by the Landmarks Commission, upon which a Landmark is situated, which is determined by the Landmarks Commission as requiring control and regulation to preserve, maintain, protect or safeguard the Landmark. Secretary of Interior Standards: The Secretary of the \ Interior Standards for Treatment of Historic Properties published by the U.S. Department of the Interior found at 36 C.F.R. § 68.3 as it may be amended from time to time. (Santa Monica Supp. No. 53, 5-07) 552 Structure of Merit: Any improvement which has been designated as and determined to be appropriate for official recognition by the Landmarks Commission pursuant to the provisions of this Chapter. (Prior code§ 9602; added by Ord. No. 1028CCS, adopted 3/24176; amended by Ord. No. l590CCS § l, adopted 7123/91; Ord. No. 2064CCS § l, adopted 2/11/03) 9.36.040 Landmarks Commission. A Landmarks Commission is hereby established which shall consist of seven members appointed by the City Council, all of whom shall be residents of the City over eighteen years of age. Of the seven members, at least one shall be a registered architect, at least one shall be a person with demonstrated interest and knowledge, to the highest extent practicable, of local history, at least one shall have a graduate degree in architectural history or have demonstrated interest, knowledge and practical or professional experience to the highest extent practicable of architectural history and at least one shall be. a California real estate licensee. The Director of Planning, or his or her designated representative, shall act as the Secretary of the Commission and shall maintain a record of all resolutions, proceedings, and actions of the Commission. (Prior code § 9603; added by otd. No. l028CCS, adopted 3/24/76; amended by Ord. No. 1590CCS § l, adopted 7/23/91) 9.36.050 Vacancies. In the event of a vacancy occurring during the term of a member of the Landmarks Commission, the City Council shall make an interim appointment to fill the unexpired term of such member, and where such member is required to have special qualifications pursuant to Section 9.36.040, such vacancy shall be filled by interim appointment with a person possessing such qualifications. (Prior code § 9604; added by Ord. No. 1028CCS, adopted 3/24176; amended by Ord. No. l590CCS § l, adopted 7123/91) 9.36.060 Powers. In addition to any other powers set forth in this Chapter, the Landma.rks Commission shall have the power to: (a) Designate Structures of Merit, Landmarks and Landmark Parcels, and to make any preliminary or supplemental designations, determinations or decisions, as additions thereto, in order to effectuate the purposes of this Chapter. Except as provided in Section 9.36.110, the designation of any improvement as a Structure of Merit, Landmark, or Contributing Building or Structure shall only include the exterior features of the improvement and shall not include any portion of its interior space. (b) Conduct studies and evaluations of applications requesting the designation of a Historic District, make determinations and recommendations as such appropriateness for consideration of such applications, and make any preliminary or supplemental designations, determinations or decisions, as additions thereto, in order to effectuate the purposes of this Chapter. · (c) Regulate and control the alteration, restoration, construction, removal, relocation or demolition, in whole or in
Santa Monica Municipal Code part, of or to a Structure of Merit, a Landmark or Landmark Parcel, or of or to a building or structure within a Historic District, and make any preliminary or supplemental designations, determinations, decisions, as additions thereto, in order to effectuate the purposes of this Chapter. (d) Adopt, promulgate, amend, and rescind, from time to time, such rules and regulations as it may deem necessary to effectuate the purposes of this Chapter. (e) Maintain a current listing and description of designated structures of merit, landmarks and historic districts. (f) Provide for a suitable sign, plaque or other marker, at public or private expense;, on or near a Landmark or Historic District, indicating that the Landmark or Historic District has been so designated. The sign, plaque or other marker shall contain information and_ data deemed appropriate by the Commission, and the placement of such shall be mandatory in the case of a landmark held open to the public use, and shall be at the discretion of the owner of the landmark in the case of a landmark not held open to the public use. 552-1 9.36.060 (Santa Monica Supp. No. 53, 5-07)
Santa Monica Municipal Code 9.36.060 (g) Certify and/or ratify applicable environmental documents, or when acting in an advisory capacity only, recommend certification .or ratification of environmental documents, in accordance with the California Environmental Quality Act or the National Environmental Policy Act. (h) Evaluate and comment upon proposals and environmental reviews pending before other public agencies affecting the physiqal development, historic preservation and urban design in the City. (Prior code § 9605; added by Ord. No. 1028CCS, adopted 3/24176; amended by Ord. No. 1590CCS § 1, adopted 7/23/91; Ord. No. 2064CCS § 2, adopted 2/11/03) 9.36.070 Jurisdiction. Unless a certificate of appropriateness has been issued by the Landmarks Commission, or by the City Council upon appeal, or unless an express exemption as provided for in this Chapter specifically ·applies, any alteration, restoration, construction, removal, relocation, or demolition, in whole or in part, of or to a Structure of Merit, Landmark or Landmark Parcel, or of or to a building or structure within a Historic District is prohibited, and no permit authorizing-any such alteration, restoration, construction, removal, relocation or demolition shall be granted by any Department of the City. (Prior code § 9606; added by Ord. No. I 028CCS, adopted 3/24176; amended by Ord. No. 1590CCS § I, adopted 7123/91) 9.36.080 Structure of Merit criteria. For the purposes of this Chapter, an improvement may be designated a Structure ofMerit if the Landmarks Commission detennines that it merits official recognition because it has one . of the following characteristics: (a) The structure has b!=!en identified in the City's Historic Resources Inventory. (b) The structure is a minimum of 50 years of age and meets one of the following criteria: (1) The structure is a unique or rare example of an architectural design, detail or historical type. (2) The structure is representative of a style in the City that is no longer prevalent. (3) The structure contributes to a potential Historic District. (Prior code § 9606.1; added by Ord. No. 1590CCS § 1 , adopted 7/23/91) 9.36.090 Structure of Merit designation procedure. Structures of Merit shall be designated by the Landmarks Commission in accordance with the fol1owing procedure: (a) Any person may request the designation of an improvement as a Structure of Merit by properly filing with the Director of Planning an application for such designation on a form furnished by the Planning Department. "Additionally, the Commission may file an application for the designation of a Structure of Merit on its own motion. Within thirty days of filing a Structure of Merit designation application, the property owner and tenants of the subject property shall be notified of the application filing. 553 (b) Upon determination that an application for designation cif an improvement as a structure of merit is complete, removal or demolition, in whole or in part, of or to a proposed Structure of Merit is prohibited; and no permit issued by any City Departmerit, Board or Commission including, but not limi~ed t9, a Conditional use permit, a tentative tract map, or tentative parcel map permit, a development review permit, any Zoning Administrator permit, architectural review, r~nt control permit,· or building permit, authorizing any such removal or demolition shall be granted while any action on the application is pending. (c) The Director ofPlanning shall conduct an evaluation of the proposed designation and shall make a recommendation to the Commission. as to whether the structure merits such designation. A public hearing to determine whether the structure merits such designation shall be scheduled before the Landmarks Commission within ninety days of the dete'rmination that the application is complete. (d) Not more than twenty days and not less than ten days prior to the date scheduled for a pub~ic hearing, notice of the date, time, place, and purpose thereof shaH be given by at least one publication in a daily newspaper of general circulation, and shall be mailed to the applicant, owner of the improvement, and to all owners and occupants of all real property within three hundred feet of the exterior boundaries of the lot or lots on which a proposed Structure of Merit is situated; using for this purpose the names and addresses of such owners-as are shown on the records of the City Clerk. The failure to send notice by mail to any such real property owner where the address of suCh owner is not a matter of public record shall not invalidate ~any proceedings in connection with the proposed designation. The Commission may also give such other notice as it may deem desirable and practicable. (e) ·No later than ninety days from the determination that the application is complete, the CommissiOn shall approve, in whole or in part, or disapprove the applicatiOn for-the designation-of a Structure ofMerit. If the Commission fails to take action on the application for the designation of a Structure of Merit at the conclusion of the public hearing, the application for such designation shall be deemed disapproved, and it shall be the duty of the Director of Planning to certify such disapproval. (f) The decision of the Commission shall be in writing and shaH state the findings of fact and reasons relied upon to 1 reach the decision, and such decision shall be filed with the Director of Planning. (g) Upon the rendering of a decision to designate a Structure of Merit, the owner of the designated Structure of Merit shall be given written notification of such designation by the Commission, using for this purpose the name and address of such owner as is shown in the records of the City Clerk. (h) Subject to other provisions of this Section and Section 9.36.180 of this Chapter, a decision of the Commission to designate a Structure of Merit shall be in full force and effect from and after the date of the rendering of such decision by the Commission. (Santa Monica Supp. No. 47, 11-05)
9.36.090 Santa Monica Municipal Code (i) The Commission shall have the power, after a public hearing, to amend, modify, or rescind any decision to designate a Structure ofMerit and to make any preliminary or supplemental designations, detenni:rlations or decisions, as additions thereto. (j) The Commission shall detennine the instances in which cases scheduled for public hearing may be continued or take under advisement. In such instances, no new notice need be given of the further hearing date, provided such date is announced at the scheduled public hearing. (k) Whenever an application for the designation of a Structure of Merit has been disapproved or deemed disapprOved by the Commission, no application. which contains the same or substantially the same information as the one which has been disapproved shall be resubmitted to or reconsidered by the Commission or City Council within a period offive years from the effective date ofthe final action upon such prior application. However, if significant new information is available, the City Council,. upon recommendation from the Landmarks Commission, may waive the time limit by resolution and permit a new application to be filed. In addition, an application by the owner of the improvement proposed for Structure of Merit designation may be ·resubmitted or reconsidered notwithstanding said five year time period. (I) If an improvement is designated as a Structure of Merit because the improvement contributes to a potential Historic District, this designation shall remain in full force and effect only if within ninety days from the date, of designation, either by the Landmarks Coffimission or by the City Council on appeal, an application for designation of an Historic District has_ been filed pursuant to Section 9.36.130 which would include the Structure of Merit within its area. If an Historic District application is timely filed, the Structure of Merit designation shall remain in full force and effect during the Historic District designation process. If an application for designation of an Historic District is not timely filed or an Historic District is not designated in accordance with Section 9.36.130, then the Structure of Merit designation shall be automatically nullified without any action· require4 by the Commission. (Prior code § 9606.2; added by· Ord. No. 1590CCS § 1, ad!lpted 7/23/91; Ord. No. 2064CCS § 3, adopted 2/11/03) 9.36.100 Landmark or Historic District designation criteria. (a) For purposes of this Chapter, the Landmarks Commission may approve the landmark designation of a structure, improvement, natural feature or an object if it finds that it meets one or more of the following criteria: (1) It exemplifies, symbolizes, or manifests elements·of the cultural, social, economic, political or architectural history of the City. (2) It has aesthetic or artistic interest or value, or othe:r noteworthy interest or value. (3) It is identified with historic personages or with important events in local, state or national history. (Santa Monica Supp. No. 47, 11-05) 554 ( 4) It embodies distinguishing architectural characteristics valuable to a study of a period, style, method of construction, or the use of indigenous materials or craftsmanship, or is a unique or rare example of ari architectural design, detail or historical type valuable to such a study. (5) It is a significant or a representative example of the work ·or product of a notable builder, designe~ or architect. (6) It has a unique location, a singular physical characteristic, or is an established and familiar visual feature of a neighborhood, community or the City. (b) For the purposes of this Chapter, a geographic area or a noncontiguous grouping of thematically related properties may be designated-a Historic District ifthe City Council finds that such area rn_eets one of the following criteria: (I) Any ofthe criteria identified in Section 9.36. !OO(a)( I) through (6). (2) It is a noncontiguous grouping of thematically related properties or a definable area possessing a concentration of historic, scenic or themat~c sites, which contribute to each other and are unified aesthetically by plan, physical development or architectural quality. (3) lt reflects significant geographical patterns, including · those asSociated with different eras of settlement and growth, particular transportation mode~, or distinctive examples of park or community planning. ( 4) It has a unique location, a singular physical characteristic, or is an established and familiar visual feature of a neighborhood, community or the City. (Prior code § 9607; added by Ord. No. 1 028CCS, adopted 3/24/76; amended by Ord. No. 1590CCS § I, adopted 7/23/91) 9.36.110 Public spaces •. For the purpose of this Chapter, any interior space regularly open tO the general public, including, but not limited to, a lobby area may be included in the landmark designation of a structure or structures if the Landmarks Commission, or the City Council upon appeal, finds.that such .public spaces meet one or more of the criteria listed under Section 9.36.100. (Prior code § 9607.1; added by Ord, No. 1590CCS § 1, adopted 7/23/91) 9.36.120 Landmark designation procedure. Landmarks shall be designated by the Landmarks Commission in accordance with the following proceduie: (a) Any person may request the designation of an· improvement as a Landmark by filing a complete application. for such designation with the Ci_ty Planning Division on. a form furnished by the Division .. Additionally, the Commission may file an application for the designation of a Landmark on its own motion. Within thirty days of filing a landmark designation application, the property owner and tenants of the subject property shall be notified of the filing of such application. (b) Upon the filing of an application for designation of an improvement as a Landmark,. any alteration, restoration, construction, removal, relocation or demolition, in whole or in part, of or to a proposed Landmark or Landmark Parcel is prohibited. No permit shall be issued by any City Department,
Santa Monica Municipal Code 9.36.120 boaid or commission, including, but not limited to, a conditional use permit, a tentative tract ·map or tentative pa]_'cel map permit, a development review permit, any Zoning Administrator permit, Architectural Review Board approval, certificate of appropriateness pennit, rent control permit, or building permit, which would authorize any such alteration, restoration, construction, removal, relocation or demolition until a final determination on the application is rendered by the Commission, or the City Council on appeal. (c) The Director ofP1alll1ing sha11 conduct an evaluation of the proposed designation and sha11 make a recommendation to the Commission as to whether the improvement merits designation. A public hearing to determine whether the improvement merits designation shall be scheduled before the Landmarks Commission Within sixty-five days of the determination that the application is complete. The owner of the improvement may agree to extend the time period for the Commission to hold the public hearing on the application .. (d) Not more than twenty days and not less than ten days prioi to the date ~cheduled for a public hearing, notice of the date, time, place and purpose thereof shall be given by at least one publication in a daily newspaper of general circulation, and shall be mailed to the applicant, the owner of the improvement, all owners and residential and commercial tenants of all real property within three hundred feet of the exterior boundaries of_the lot or lots on which a proposed Landmark is situated, and to residential and commercial te1_1ants of the subject property, using for this purpose the names and addresses of such owners as are showrt on the records of the Los Angeles County Assessor. The address of the residential and commercial tenants shall be_detennined by visual site inspection or· other reasonably accurate means. The failure to send notice by mail to any such real property owner where the address of such .owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation. The Commission may also give such other notice as it may deem desirable and practicable. -(e) At the conclusion of the public hearing,· or any continuation thereof, the Commission shall approve, in whole or in part, or disapprove the application for the designation of a Landmark, and rpay define and _describe an appropriate Landmark Parcel. Any continued public bearing must be completed within sixty-five days from the date set for the initial public hearing. If the Commission fails to take action on the application for the designation of a Landmark within the sixty-five day tim~ period, the application for such designation shall be deemed disapproved. The owner of the improvement may agree to extend the time period for the Commission to hold and concluded the public hearing on the application. (f) The Commission shall have the power, after a public hearing, whether at the time it renders· such decision to designate a Landmark or at any t_ime thereafter, to specify the . nature of any alteration, restoration, construction, removal, relocation or demolition of or to a Landmark or Landmark Parcel which may be performed without the prior issuance of a certificate of appropriateness pursuant to this Chapter. The Commission shall also have the power, after a public hearing, to amend, modifY or rescind any decision to designate-a 555 Landmark or Landmark Parcef and any. specifications made pursuant to this subsection. The Commission shall further have the power to. make any preliminary or supplemental designations, determinations or decisions, as additions to its designalion d.eterminations. (g) Subject to other provisions of this Section·and Section 9.36.180 of this Chapter, a decision of the Commission to designate a Landmark shall be in full force and effect from and after the date of the rendering of such decision by the Commission. (h) Within thirty-five days after the decision has been rendered, the ConunissiOn shall approv(.! a statement of official actions which shall include: (I) A statement of the applicable criteria and standards against which the application for designation was assessed. (2) A statement of the facts found that establish coll_lpliance or non-compliance with each applicable criteria and staridards. (3) The reasonS for a determination to approve or deny the application. · · (4) The decision to deny or to approve with or without conditions and subject to compliance with applicable standards. (i) The official owner of the designated Landmark shall be provided a copy of the statement of official action after Commission approval using for this purpose the name and address of such owner as is shown in the records of the Los Angeles County Assessor. (j) Whenever an application for the designation of a Landmark has been disapproved or deemed disapproved by the Commission, or by the City Council on appe3.1; no new application which contains the same or substantially the same infonnation shall be filed within a period of five years from final action on the prior application. However, if significant new information is available, the Landmarks Commission may waive the time limit by resolution and permit a new application to be filed.ln addition, an application of the oWner of the subject improvelJ1ent proposed for Landmark designation may be resubmitted . or reconsidered notwithstanding the five year time period. (Prior code§ 9608; added by Ord. No. I 028CCS, adopted 3/24176; amended by Ord. No. 1083CCS, adopted 2128/78; Ord. No. 1590CCS §I, adopted 7123191; Ord. No. 2064CCS § 4, adopted 2111103; Ord. No. 2166CCS §I, adopted 819105) 9.36.130 Historic District designation procedure. Historic Districts shall be designated by the City Council in accordance with the following procedure: (a) Any person may request the designation of an area as a Historic District by properly filing with the Director of Planning an application for such designation on a form. furnished by the Planning Department. Additionally, the Landmarks Commission may file an application for the designation of a Historic District on its own motion. (b) No later than sixty days after the application for the designation of a Historic District is determined to be complete, City staff shall conduct a public meeting to discuss (Santa Monica Supp. No. 47, 11·05)
9.36.130 Santa Mc;mica Municipal Code the potential District designation; including but not limited to, the-designation process, the effect of designation on future property development, and the benefits of designation. The Landmarks Commission may request that City staff conduct this public meeting prior to the Landmark Commission's determination to file an application on its own motion. No more than twenty days and not less than ten days prior to the date scheduled for the public meeting, notice of the date, time, place, and purpose thereof shall be given by at least one publication in a daily newspaper of gen.eral circulation, and shall' be mailed to the applicant, and to all owners and occupants of all real property within the potential Historic District. As part of this mailing, City staff shall also inform property owners within the potential Historic District of their right to file a petition pursuant to subsection (h) of thiS Section to nullify a designation application. · (c) Upon determination by City staff that an application for designation of an Historic District is complete, any alteration, restoration, construction, removal, relocation or demolition, in whole or in part, of or to a building or structure within a proposed Historic District is prohibited, and no permit issued by any City Department, board or commission including a conditional use permit, a tentative tract map or parcel map permit, a final tract map or parcel map permit, a development review permit, any Zoning Administrator permit, architectural review permit, rent control permit, or building permit authorizing any such alteration, restoration, constru'ction, removal, relocation or demolition shall be granted while a public hearing or any appeal related thereto is pending. (d) Any person subject to subdivision (c) of this Section may apply to the Director of Planning, and to the Landmarks Comrni.ssion, on appeal, for an exception. Exceptions may be granted for repairs or alterations which do not involve any detrimental change or modification to the exterior of tl!.e structure .in question or for actions which are necessary to reme·dy emergency conditions determined to be dangerous to life, health or property. (e) The Director ofPlanning shall conduct a preliminary evaluation of the proposed d,eSignatiOn and shall make a recommendation to the Commission as to the apprOpriateness and qualification of the application for consideration by the CommissiOn. (f) Except as provided in subsection (h) of this Section, a hearing to determine whether to recommend to the City Council that the application for the designation of a Historic District be approved, in whole or in part, or disapproved shall be scheduled before the Commission within one hundred eighty days after the application has been determined to be complete but no sooner than forty-five days after the public meeting held pursuant to subsection (b) of this Section. (g) Not more than twenty days and not less than ten days prior to the date scheduled for such public hearing, notice of the date, time, place and purpose thereof shall be given by at least one publication in a daily newspaper of general circulation, and shall be mailed to the applicant, owners of all real property within the proposed His.toric District and to the owners and residents of all real property within three hundred {Santa Monica Supp. No. 47, 11-05) 556 feet ofthe exterior boundary of the Historic District, using for this purpose the names and addresses of such owners as are shown on the records of the City Clerk. The failure to send notice by mail to any such real property owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation. The Commission may _also give S'\1Ch other notice as it may deem desirable and practicable. (h) The application for the designation of a Historic District shall be automatically nullified if a petition opposing the designation is signed by owners of a majority of the properties to be located within the proposed District and filed with the Commission Secretary prior to the commencement of the Commissior{ hearing on the application. The City shall make available official petition fofrns which shall be utilized by property owners to meet the requirements _of this subsection (h).' Only one signature per property may be submitted on a petition filed pursuant to this subsection. (i) At the conclusion of a public hearing, or any continuation thereof, but in no case more than forty-five days from the date set for the initia.l public hearing, the Commission shall recommend to the City Council the approval, in wh'ole or in part, or disapproval of the application for the designation of a Historic District, and shall forward such recommendation to the City Council stating in writing the findings of fact and reasons relied upon in reaching such a recommendation. If the CommissiOn fails to take action on the application for the designation of a Historic District within the forty-five day time period, the application for such designation shall be deemed disapproved, and it shall be the duty of the Director of Planning to certify ·such disapproval. Gl Within forty-five days from the date the Landmarks Commission renders a recommendation on the Historic District application, a public hearing shall be scheduled before the City Council. The same notice requirements set forth in subsection (g) of this Section shall apply to the hearing before the City Council. At the conclusion of the public hearing-, or any continuation thereof, but in no case more than forty-five days from the date set for the initial public hearing, the City Council shall by ordinance approve, in whole or in part, the application for the designation of the Historic District, or shall by motion disapprove the application in.its entirety. If the City Council fails to take action on the application for the designation of a Historic District within the forty-five day time period, the application for such designation shall ·be de.emed disapproved, and it shall be the duty of the City Clerk to certify such disappr.oval. (k) The decision of the City Council to approve the application for the designation of a Historic District, in whole or in part, by ordinance, or to disapprove the application in its entirety by motion, shall be in writing and shall state the findings of fact and reasons relied-upon to reach the decision, and such decision shall be filed with the City Clerk. (I) The City Council shall by ordinance have the power, after a public hearing, Whether at the time it renders a decision to designate a Historic District or at any time thereafter, to specify the nature Of any alteration, restoration, construction, removal, relocation or demolition Of or to a building or
Santa Monica Mu'nicipa1 Code · structure within a Historic District which may be performed without the prior issUance of a certifiG.a~e. of appropr.iateness pursuant to this Chapter. The City Council shali"by ordinanc·e also have the power after a public hearing to amend, modify or rescind any specifiCation made pursuant to the provisions of this subsectiOn. (m) Upon the rendering of such decision to designate a Historic District, the owners of all real property within the designated Historic District shall be given written notification of such designation by the City Council, using for this purpose the names and addresses of such owners as are shown in the records of the City Clerk. (n) Subject to other provisions of this Section 9.36.130, a decision of the City Council to designate a Historic District shall be in full force and effect from and after the effective date of the ordinance approving, ·in whole or in part, the application for the designation of a Historic District. 556-1 9.36.130 {Santa Monica Supp. No. 47, 11-05)
Santa Monica Municipal Code 9.36.130 ( o) The City Council shall by ordinance have the power, after a publiC hearing, to amend, modify or rescind any decision to designate a Historic District and to make any preliminary or supplemental designations, determinations or decisions, as additions thereto. The Commission shall have the power to forward the recommendations of the Commission to the City Council on its own motion or at the direction of the City Council. (p) The City Council shall determine the instances in which cases scheduled for public hearing may be continued or taken under advisement. In such instances, no new notice need be given of the further hearing date, provided such date is announced at the scheduled public hearing. ( q) Whenever an application for the designation of a Historic District has been disapproved or deemed disapproved by the Commission or the City Council, no application which contains the same or substantially the same information as the one which has been disapproved shall be resubmitted to or reconsidered by the Commission or City Council within a period offive years from the effective date ofthe final action upon such prior application. However, .if significant new information is available, the City Council, upon recommendation from the Landmarks Commission, may waive the time limit by resolution and pennit a neW application to be filed. In addition, an application of all owners of the majority of parcels within the subject area proposed for Historic District designation, may be resubmitted or reconsidered notwithstanding said five year time period. (Prior code § 9609; added by Ord. No. 1028CCS, adopted 3/24/76; amended by Ord. No. 1590CCS § l, adopted 7/23/91; Ord. No. 2064CCS § 5, adopted 2/11/03) 9.36.140 Alterations and demolitions: Criteria for issuance of a certificate of appropriateness. For purposes ofthis Chapter, the Landmarks Commission, or the City Council on appeal, shall issue a certificate of appropriateness for any proposed alteration, restoration, construction, removal, relocation, demolition, in whole or in part, of or to a Landmark or Landmark Parcel, or of or to a building or structure within a Historic District if it makes a determination in accordance with any one or more of the following criteria. (a) In the case of any proposed alteration, restoration, removal or relocation, in whole or in part, of or to a Landmark or to a Landmark Parcel, the proposed work would not detrimentally change, destroy or adversely affect any exterior feature of the Landmark or Landmark Parcel upon which such work is to be done. (b) In the case of any proposed alteration, restoration, construction, removal or relocation, in whole or in part, of or to a building or structure within a Historic District, the proposed work would not be incompatible with the exterior features of other improvements within-the Historic District, not adversely affect the character of the Historic District for which such Historic District was designated, or not be inconsistent with such further standards as may be embodied in the ordinance designating such Historic District. For any proposed work to any building or structure whose exterior features are not already compatible with the exterior features 557 of other improvements within the Historic District, reasonable effort shall be made to produce compatibility, and in no event shall there be a greater deviation from compatibility. (c) In the case of any proposed construction of a new improvement upon a Landmark Parcel, the exterior features of such new improvement would not adversely affect and not be disharmonious with the exterior features of other existing improvements situated upon such Landmark Parcel. (d) The applicant has obtained a certificate of economic hardship in accordance with Section 9.36.160. (e) The Commission makes both of the following findings: (1) That the structure does not embody distinguishing architectural characteristics valuable to a study of a period, style, method of construction or the use of indigenous materials or craftsmanship and does not display such aesthetic or artistic quality that it would not reasonably meet the criteria for designation as one of the following: National Historic Landmark, National Register of Historic Places, California Registered Historical Landmark, or California Point of Historical Interest. · (2) That the conversion of the structure into a new use permitted by right under current zoning or with a conditional use pennit, rehabilitation, or some other alternative for preserving the structure, including relocation within the City, is not feasible. (f) In the case of any proposed alteration, restoration, removal or relocation, in whole or in part, to interior public space incorporated in a Landmark designation pursuant to Section 9.36.110, the proposed work would not detrimentally change, destroy or adversely affect any interior feature of the Landmark structure. (g) The Secretary of Interior's Standards shall be used by ·the Landmarks Commission in evaluating any proposed alteration, restoration, or construction, in whole or in part, of or to a Landmark, Landmark Parcel, or to a Contributing Building or Structure within a Historic District. (Prior code§ 9610; added by Ord. No. 1028CCS, adopted 3/24/76; amended by Ord. No. 1083CCS, adopted 2/28/78; Ord. No. 1590CCS § I, adopted 7/23/91; Ord. No. 2064CCS § 6, adopted 2/11/03) 9.36.150 Certificate of appropriateness for structures of merit. (a) A certificate of appropriateness shall not be required for the alteration, restoration, construction or relocation of a Structure of Merit. However, the Architectural Review Board or the Planning Commission shall take into consideration the fact that the building has been designated a Structure ofMerit in reviewing any permit concerning such structure. (b) Application for a certificate of appropriateness for the demolition of a Structure of Merit shall be made on a form furnished by the Planning Division. An application shall be processed in accordance with the same procedures set forth in Sections 9.36.170 and 9.36.180 of this Code and shall be reviewed in accordance with the standards setforth in Section 9.36.140. (c) In an effort to agree to a means of historically preserving a Structure of Merit proposed for demolition, the Landmarks Commission shall have the following powers: (Santa Monica Supp. No. 37, 5-03)
9.36.150 Santa Monica Municipal Code (I) During a one hundred and eighty day time period commencing from proper filing of an application for certificate of appropriateness, the Commission may negotiate with the owner of a Structure of Merit, or with any other parties, in an effort to agree to a means of historically preserving the designated property. The negotiations may include, but are not limited to, acquisition by gift, purchase, exchange, condemnation or otherwise of the Structure of Merit. (2) Notwithstanding any of the foregoing, the Commission shall have the power to extend the required one hundred and eighty day time period to a duration not to exceed a three hundred and sixty day time period in any case where the Commission determines that such an extension is necessary or appropriate for the continued historical preservation of a Structure of Merit. (Prior code.§ 9610.1; added by Ord. No. 1590CCS §I, adopted 7/23/91; Ord. No. 2064CCS § 7, adopied 2/11/03) 9.36.160 Certificate of economic hardship. (a) Application for a certificate of economic hardship shall be made on a form furnished by the Planning Division. An application shall be processed in accordance with the same procedures set forth in Sections 9.36.170 and 9.36.180 ofthis Code. (b) The Landmarks Commission may solicit expert testimony or require that the applicant for a certificate of economic hardship make submissions concerning any or all of the following information before it makes a determination on the application: (I) Estimate of the cost of the proposed construction, alteration, demolition or removal, and an estimate of any additional cost that would be incurred to comply with the recommendations of the Landmarks Commission for changes necessary for the issuance of a certificate of appropriateness. In connection with any such estimate, rehabilitation costs which are the result of the propertY owner's intentional or negligent failure to maintain the designated landmark or property. in good repair shall not be considered by the Landmarks Commission in its detennination of whether the property may yield a reasonable return to the owner. (2) A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation. (3) Estimated market value of the property in its current condition; estimated market value after completion of the proposed construction, alteration, demolition or removal; estimated market value after any changes recommended by the Landmarks Commission; and, in the case of a proposed demolition, estimated market value after renovation of the existing property for con.tinued use. (4) In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse ofthe existing structure on the property. (5) Amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or (Santa Monica Supp. No. 37, 5-03) applicant and the person from whom the property was purchased, and any terms offinancing between the seller and buyer. (6) If the property is income-producing, the annual gross income from the property for the previous two years; itemized operating and maintenance expenses for the previous two years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period. (7) Ifthe property is not income-producing, projections of the annual gross income which could be obtained from the property ·in its current condition, in its rehabilitated condition, or under-such conditions that the Landmarks Commission may specify. 558 (8) Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years. (9) All appraisals obtained within the previous two ye~rs by the owner or applicant in connection with the purchase, financing or ownership of the property. (I 0) Any listing of the property for sale or rent, price asked, and offers received, if any, within the previous two years. (11) Assessed value ofthe property according to the two most recent assessments. (12) Real estate taxes for the previous two years. (13) Form of ownership or operation of the property, whether sole proprietorship, for profit or not-for-profit corporation, limited partnership, joint venture or other. ( 14) Any other information considered necessary by the Landmarks Commission to a determination as to whether the property does yield or may yield a reasonable return to the owners. (c) In considering an application for a certificate of economic hardship, the Commission shall consider all relevant factors. In order to grant a certificate of economic hardship, the Landmarks Commission must make a finding that without approval of the proposed demolition or remodellng, all reasonable use of or return from a designated landmark or property within a Historic District will be denied a property owner. In the case of a proposed demolition, the Landmarks Commission must make a finding that the designated landmark cannot be remodeled or rehabilitated in a manner which would allow a reasonable use of or return from such landmark or property to a property owner; (d) Upon a finding by the Commission that without approval of the proposed work, all reasonable use of or return from a designated landmark or property within a historic district will be denied a property owner, then the application shall be delayed for a period not to exceed one hundred twenty days. During this period of delay, the Commission shall investigate plans and make recommendations to the City Council to allow for a reasonable use of, or return from, the property, or to otherwise preserve the subject property. Such plans and recommendations may include, but are not limited to, provisions for relocating the structure, a relaxation of the provisions ofthe ordinance, a reduction in real property taxes, financial assistance, building code modifications and/or changes in zoning regulations. (e) If, by the end ofthis one hundred twenty day period, the Commission has found that without approval of the ;-,. ; -t '''
Santa Monica Municipal Co~e 9.36.160 proposed work, the property cannot be put to a reasonable use or the owner cannot obtain a reasonable economic return therefrom, then the Commission shall issue a certificate of economic hardship apprOving the proposed work. If ·the. Commission finds otherwise, it shall deny the application for a certificate of economic hardship and notify the applicant by mail of the final denial. (Prior code§ 9610.5; added by Ord. No. 1590CCS § 1, adopted 7/23/91) 9.36.170 Certificate of appropriateness/ certificate of economic hardship procedure. An application for a certificate of appropriateness or an application for a certificate of economic hardship approving any proposed alteration, restoration, construction, removal, relocation, or dep1olition, in whole or in part, of or to a Landmark or Landmark Parcel, or of or to a building or structure within a Historic District shall be processed in accordance with the following procedure: (a) Any owner of a Landmark, or of a building or structure within a Historic District, may request the issuance of a certificate of appropriateness or certificate of economic hardship by properly filing with the Director of Planning an application for such certificate of appropriateness or certificate · of economic hardship on a form furnished by the Planning Division. Each application for a certificate of appropriateness or certificate of economic hardship shall include such plans, specifications, statements of work, and any other information which are reasonably required by the Landmarks Commission to make a decisiori oi1 any such proposed work. An application shall be deemed complete within thirty days after the Planning Division receives a substantially complete application together with all infom1ation, plans, specifications, statements of work, and any other materials and documents required by the appropriate application foinis supplied by the City. If, within the specified time period, the Planning Division fails to advise the applicant in writing that his or her application is-incomplete and to specify additiom.i.l information required to complete that application, the application shall automatically be deemed complete. (b) The Director of Planning shall schedule a public hearing to be held within forty-five days ofthe date on which an application for a certificate of appropriateness or certificate of economic hardship and shall make a preliminary recommendation to the Commission on or before the date scheduled for a public hearing as to the appropriateness and qualification of the application for a certificate of appropriateness or certificate of economic hardship. (c) Not more than twenty days and not less than ten days prior to the date scheduled for a public hearing, notice of the date, time, place and-purpose ther~of shall be given by at least one publica.tion in a daily newspaper of general circulation, shall be mailed to the applicant, and to the owners and residents of all real property within three hundred feet of the exterior boundaries Of the Landmark Parcel upon which a Landmark is situated in the case of any proposed work to a Landmark, or within three hundred feet of the exterior boundaries of the lot or lots on which a building or structure 559 within a Historic District is situated in the case of any proposed work to a building or structure within a Historic District, using. for this purpose the names and addresses of . such owners as are shown on the records of the City Clerk. The faiture to send notice by mail to any such real property owner where·the address of such owner is not .a "matter of public record shall not invalidate any proceedings in connection with the proposed designation. The Commission may also give such other notice as it may deem desirable and practicable. (d) The Commission shall have up to six months, or one year if the project requires an Environmental Impact Report, to render a decision on the certificate application. lf the Commission does not render a decision within this time period, then the certificate application shall be automatically deemed approved. Notwithstanding the foregoing, the Conunission may mutually agree with the aPplicant for a certificate of appropriateness or certificate of economic hardship to extend the six months or one year time period in which the Commission must take action to another time period which is mutually agreeable. The time Period provided for in this Section shall be extended by the time period provided. for in Section 9.36.160(d) when applicable. (e) The decision of the Commission shall be in writing and shall state the findings of fact and reasons relied upOn to reach the decision, and such decision shall be filed with the Director of Planning. (f) Subject to the provisions of Section 9.36.180 of this Chapter, upon the rendering of such decision to approve an application fDr a certificate of appropriateness or certificate of economic hardship, the Commission shall issue the. certificate of appropriateness or certificate of economic hardship within a reasonable period of time and such issued certificate of appropriateness or certificate of economic hardship may be obtained by the applicant from the Planning Division. (g) Subject to other provisions of this Section 9.36.170 and Section 9.36.180 of this Chapter, a decision of-the Commission shall be in full force and effect from and after the date of the rendering of such decision by the Commission. A certificate of economic hardship may be appealed to the City Council in the same manner and according to the same. procedures as for a certificate of appropriateness. (h) Subject to other provisions of this Section 9.36.170, a certificate of appropriateness or certificate of economic hardship shall be in full force and effect from and after the date· of the iSsuance by the Commission. Any certificate of appropriateness or certificate of economic hardship issued pursuant to this c;hapter shall expire one year from its date of issuance unless the work authorized by the certificate has been commenced. ln addition, any such certificate of appropriateness or certificate of economic hardship shall-also expire and become null and void if such work authorized is suspended or abandoned for a one hundred eighty day time period after being cOmmenced. (i) The Commission s.hall have the power, after a public hearing, to amend, modify or rescind any decision to approve, in whole or in part, an application for a certificate of appropriateness or certificate of economic hardship and to (Santa Monica Supp. No. 47, J !-05)
9.36.170 Santa Monica Municipal Code make any preliminary or supplemental designations, determinations or decisions, as additions theret.o:. (j) The Commission shall determine the instances in which cases scheduled for public hearing may be continued or taken under advisement. ln such instances, no new notice need be given of the further hearing date, provided such date is announced at the scheduled public hearing. (k) The following rules shall limit the resubmittal of an· application for a certificate of appropriateness or certificate of · economic hardship: ( 1) Whenever an application fo~ a certificate of appropriateness or certificate of economic hardship for demolition has been disapproved· or deemed disapprov.ed by the Commission, or by the City Council on appeal, no application which is the same or substantially the same as the one which has been disapproved shall be resubmitted to or · reconsidered by the Commission or City Council for a period of five years from the effective date of the final action upon the prior application. A certificate of appropriateness or certificate of economic hardship for demolition may be refiled at any time during the five year period provided that the applicant submits significant additional information which was not and could not have been submitted with the previous application. A refiled application shall be processed in the manner outlined in this Section 9.36.170. Under this . provision, should the applicant still seek to demolish the Landmark structur~ after the five year period has expired, a new and separate certificate of appropriateness or certificate of economic hardship application would be requited to be refiled. This application shall be subject to the same co~ditions as the prior application. (2) Whenever an -application for a certificate of appropriateness or certificate of economic hardship for other than deillolition has been disapproved or deemed disapproved bY the Commission, or by the City Council on appeal, n~ application which is the same or substantially the same as the one which has been disapproved shall be resubmitted to or reconsidered by the Commission or City Council within a period of one hundred eighty days from the effective date of the final action upon such prior application. A certificate· of appropriateness or certificate of economic hardshi'p for other than demo.lition may be refiled at any time during the one hundred eighty day period provided that the applicant submits significant additional information, which was not and could not have been submitted with the previ9us application. A refiled application shall be processed in the manner outlined in this Section 9.36.170. Under this provision, should the aPplicant sti1l seek approval for other than the demolition of a Landmark structure after the one hundred eighty day period has expired, a new and separate certificate Of appropriateness or certificate of economic hardship. application . would be required to be refiled. This application shall be subject to the same conditions as the prior application. (I) Under the authority of Section 9.36.060, the Commission, may, by resolution, establish criteria under which the Landmarks Commission Secretary may apprqve certificate of appropriateness applications for minOr" or insignificant alterations, restorations, or construction, in whole (Santa Monica Supp. No. 47, 11..()5) 560 or in part, of or to a Landmark or Landmark Parcel, or of or to a building or structure within a Historic District which would riot defeat the purposes and objectives of this Chapter. (Prior code§ 9611; added by Ord. No. 1028CCS, adopted 3/24/76; amended by Ord. No. 1429CCS, adopted 12/8/87; Ord. No. 1590CCS § ·1, adopted 7/23/91; Ord. No. 2064CCS § 8, adopted 2/11/03) 9.36.180 Appeals. An appeal to the City Council of an action of the Landmarks Commission shall be processed in accordance with the folloWing procedure: (a) Each ofthe following actions by the Commission may be appealed to the City Co4ncil: (1) Any decision re.lating to an application for the designation of a Landmark. (2) Any decision defining and describing a Landmark Parcel upon which a Landmark is situated. (3) Any decision amending, modifYing or rescinding any decision to designate a Landmark or Landma~k Parcel, or any preliminary or supplemental designations, determinations or decisions, as additions thereto. (4) Any decision relating to an application for a certificate of appropriateness. (5) Any decision relating to a structure ofmerit. . (6) The approval or disapproval of an application of a Landmark, Historic District, Structure of Merit, or certificate of appropriateness that occurred as a result of the expiration of the required time periods for proCessing such applications. (b) Any person may appeal a determination or decision of the Commission by filing a nOtice of appeal with the City ·Planning Division on a form furnished by the Plannin·g Division. Such notice of appeal shall be filed within ten consecutive days. commencing from the date that such determination or decision is made by the Commission or from the dat~ an application is deemed approved or disapproved because ofthe failure to comply with any time period set fOrth in this Chapter. The notice of appeal shall be accompanied by a fee required by .law. Notwithstanding any of the foregoing, any member of the Commission or City Council may request a review by the · Commission or City Council of any determination or decision of the Commission without the accompaniment of such fee in the amount required by law. (c) The City Council shall schedule a public hearing to be held within forty-five days after the notice of appeal is properly filed with the City Phmning Division. The owner of. the improvement may agree to extend the time periOd for the . City Council to hold and conclude the public hearing on the application~ (d) Not more than twenty days and not less than ten days prior to the date scheduled for a public hearing, notice of the date, time, place and purpose thereof shall be given by the Director of Planning by at least one publication in a daily newspaper of general circulation, and shall be mailed to: (1) The appellant; (2) The owner and residential or commercial tenants of the Landmark in the case of. any action regarding a Landmark;
Santa Monica Municipal Code 9.36.180 (3) The owners of all real property within the Historic District in the case of any action regarding an entire Historic District; ( 4) The owners of all real property and residential and commercial tenants within three hundred feet of the exterior boundaries of the lot or lots on which a Landmark is located in the case of any action regarding a Landmark; (5) The owners and all commercial and residential tenants of all real property within three hundred feet of the exterior boundaries of the Historic District in the case of any action regarding an entire Historic District; (6) The owners of all real property and all commercial and residential tenants within three hundred feet of the exterior boundaries of the lots or lots on which a building or structure is located in the case of any action regarding a building or structure within a Historic District. The names and addresses of such owners as are shown on the recOrds of the Los Angeles County Assessor shall be used for providing this notification. The address of the residential and commercial tenants shall be determined by visual site inspection or other reasonably accurate means. The failure to send notice by mail to any such real property where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation. The Commission or the City Council may also give such other notice as it may deem desirable and practicable. (e) At the conclusion of the public hearing, or any continuation thereof, the City Council shall render its decision on the notice of appeal and shall approve, in whole or in part, or disapprove the prior determination or decision of the Commission. Any continued public hearing must be completed within thirty days from the date set for the initial public hearing. The City Council decision shall be in full force and effect from and after the date such decision is made. If the City Council fails to take action on the notice of appeal within the thirty day time period, the notice of appeal shall be deemed disapproved. The owner of the improvement may agree to extend the time period for the City Council to hold and conclude the public hearing on the application. (f) Within thirty days after the decision has been made, the City Council shall approve a statement of official action which shall include: (l) A statement of the applicable criteria and standards against which the application for designation was assessed. (2) A statement of the facts found that establish compliance or non-com'pliance with each applicable criteria and standards. (3) The reasons for a determination to approve or deny the application. (4) The decision to deny or to approve with or without conditions and subject to compliance with applicable standards. (g) The appellant and the owner of the Landmark in the case of a decision regarding a Landmark, the owners of all real property within the Historic District in the case of a decision regarding an entire Historic District, or the owner of a building or structure in the case of a building or structure within a Historic District shall be provided a copy of the statement of official action, uSing for this pmpose the names and addresses of such owners as are shoWn in the records of the Los Angeles County Assessor. (Prior code§ 9612; added by Ord. No. I 028CCS, adopted 3/24/76; amended by Ord. No. 1429CCS, adopted 12/8/87; Ord. No. 1590CCS § 1, adopted 7/23/91; Ord. No. 2166CCS § 2, adopted 8/9/05) 9.36.190 Maintenance and repair. Every owner, or person in charge, of a Landmark, or of a building or structure within a Historic District, shall have the duty of keeping in good repair all of the exterior features of such Landmark, or of such building or structure within a Historic District, and all interior featUres thereof which, if not so maintained, may cause or tend to cause the exterior features of such Landmark, or of such building or structure within a Historic District to deteriorate, decay, or become damaged, or otherwise to fall into a state of disrepair. All designated buildings or structures shall be preserved against such decay and be kept free from structural defects through the prompt repair of any of the following: (a) Fa~ades which may fall and injure members of the public or property. · (b) Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports. (c) Members of ceilings, roofs, ceiling and roof supports or other horizontal members which age, split or buckle due to defective material or deterioration. (d) Deteriorat~d or ineffective waterproofing of exterior ·walls, roofs, foundations or floors, including broken windows or doors. (e) Defective or insufficient weather protection for exterior wall covering, including lack of paint or weathering due to lack 6fpaint or other protective covering. (f) Any fault or defect in the building which renders it not -properly watertight or structurally unsafe. 561 This Section 9.36.190 of this Chapter shall be in addition to any and all other provisions of law requiring such Landmark, or such building or structure within a Historic District tO be kept in good repair. (Prior code § 9613; added by Ord. No. 1 028CCS, adopted 3/24/76; amended by Ord. No. 1590CCS § 1, adopted 7/23/91) 9.36.200 Unsafe or dangerous conditions. Nothing contained in this Chapter shall prohibit the making of any necessary alteration, restoration, construction, removal, relocation or demolition, in whole or in part, of <;~r to a Landmark or Landmark Parcel, or of or to a bui1ding or structure within a Historic District pursuant to a valid order of any governmental agency or pursuant to a valid court judgment, for the purpose of remedying emergency conditions determined to be dangerous to life, health or property. A copy of such valid order of any governmental agency or such valid court judgment shall be filed with the Director of Planning and in such cases, no certificate of appropriateness from the Landmarks Commission shall be required. (Prior code§ 9614; (Santa Monica Supp. No. 52, 2-07)
9.36.200 Santa Monica Municipal Code added by Ord. No. 1028CCS, adopted 3/24176; amended by Ord. No. 1590CCS § 1, adopted 7/23/91) 9.36.210 Ordinary maintenance. Nothing contained in this Chapter shall be construed to prevent ordinary maintenance or repair of any exterior features of a Landmark, or of a building or structure within a Historic District which does not involve any detrimental change or modification of such exterior features. In such cases, the work must be approved by the Landmarks Commission Secretary and no certificate· of appropriateness from the Landmarks Commission shall be required.. The administrative determination is appealable to the Landmarks Commission and shall be filed and processed in the same manner as a certificate of appropriateness. Examples of this work shall include, but not be limited to, the following: (a) Construction, demolition or alteration of side and rear yard fences. (b) Construction, demolition or alteration of front yard fences, if no change in appearance occurs. (c) Repairing or repaving of flat concrete work in the side and rear yards. (d). Repaving of existing front yard paving, concrete work, and walkways, if the same material in appearance as existing is used. (e) Roofing work, if no change in appearance occurs. (f) Foundation work, if no change in appearance occurs. (g) Chimney work, if no change in appearance occurs. (h) Landscaping, unless the Landmark Designation specifically identifies the landscape layout, features, or elements as having particular historical, architectural, or cultural merit. (Prior code § 96!5; added by Ord. No. 1028CCS, adopted 3/24176; amended by Ord. No. 1590CCS § 1, adopted 7/23/91) 9.36.220 Map. All designations of Landmarks and any definitions and descriptions of a Landmark Parcel thereto, and all designations of Historic Districts, shall be recorded on a Landmark and Historic District map by the Director of Planning. (Prior code§ 9616; added by Ord. No. 1028CCS, adopted 3/24176; amended by Ord. No. 1590CCS § I, adopted 7/23/91) . 9.36.230 Voluntary restrictive covenants. Upon approval by the City Council, the owner of a Landmark may enter into a restrictive covenant with the City regarding such Landmark after negotiations with the Landmarks Commission. (Prior code§ 9617; added by Ord. No. 1 028CCS, adopted 3/24176; amended by Ord. No. 1590CCS § 1, adopted 7123/91) 9.36.240 Waiver. The Building Officer of the City shall have the power to vary or waive any provision of the Santa Monica Building, Electrical, Housing, Mechanical or Plumbing Codes, pursuant to such Codes, in any case which he determines that such variance or waiver does not endanger the public health or (Santa Monica Supp. No. 52, 2-07) 562 safety, and such action is necessary for the continued historical preservation of a Landmark. (Prior code§ 9618; added by Ord. No. 1028CCS, adopted 3/24176; amended by Ord. No. 1590CCS § 1, adopted 7/23/91) 9.36.250 Extension of certificate of appropriateness. The Landmarks Commission Secretary may extend the time period for exercising a certificate of appropriateness as provided for in Section 9.36.!70(h) for a period of up to one hundred eighty days upon such terms and conditions as the Secretary deems appropriate consistent with the original approval and Section 9.36.170 if the development standards relevant to the project have not changed since project approval. An extended certificate of appropriateness shall expire if the work authorized thereby is not commenced by the end of the extension period. Except as otherwise provided for in this Section, all provisions of this Code applicable to a certificate of ·appropriateness shall apply to an extended certificate of appropriateness. (Prior code§ 9619; added by Ord. No. 1 028CCS, adopted 3/24176; amended by Ord. No. 1590CCS § 1, adopted 7/23/91; Ord. No. 2064CCS § 9, adopted 2/11/03) 9.36.260 Recordation of landmarks and historic districts. All buildings or structures designated as Landmarks or as part of a Historic District pursuant to this Chapter shall be so recorded by the City in the office of the Los Angeles County Recorder. The document to be recorded shall contain the name of the owner or owners, a legal description of the property, the date and substance of the designation, a statement explaining that the demolition, alteration, or relocation of the structure is restricted, and a reference to this. Section authorizing the recordation. (Prior code § 9620; added by Ord. No. 1348CCS, adopted 11/26/85; amended by Ord. No. 1590CCS § 1, adopted 7/23/91) 9.36.270 Preservation incentives. (a) Architectural Review Exemption. Provided that a certificate of appropriateness is obtained from the Landmarks Commission, the following projects shall be exempt from review by the Architectural Review Board: (I) All work to a designated landmark building or contributing structure to an adopted Historic District; and (2) All additions to, modifications of, alterations of, or new construction on a landmark parcel or parcel containing a contributing structure to an adopted Historic District. The Landmarks Commission may refer any of these matters to the Architectural Review Board for comment. (b). Building Permit and Planning Application Fees. All building permit and planning fees for administrative approval applications shall be waived for designated landmarks, or contributing structures located in a Historic District. (c) Certificates of Appropriateness/Administrative Approval Fees. All certificate of appropriateness and certificate of administrative approval fees for any alteration, restoration or construction, in whole or in part, to a designated
Santa Monica Municipal Code 9.36.270 landmark or to a contributing structure located in a Historic District shall be waived. (d) Any parking incentives permitted by the Zoning Ordinance. (e) Streetscape Improvements in Historic Districts. Whenever streetscape improvements are proposed by the City in areas that are designated Historic Districts, the City shall consider the use of materials, landscaping, light standards and signage that are compatible with the area's historic and architectural character. (f) State Historical Building Code. The California State Historical Building Code (Title 24, Part 8, California Administrative Code) .shall be applied to alterations to designated structures of merit, landmarks, and contributing structures located in Historic Districts. (g) Historical Property Contracts. Designated structures of merit, landmarks and contributing structures located in Historic Districts that are privately owned shall be considered qualified historical properties eligible for historical property contracts submitted or. entered into, pursuant to the provisions . of Article 12, commencing with Section 50280, Chapter 1, Part 1, Division 1, Title 5, of the California Government Code upon resolution approval by the City Council. (h) Plan Check Processing. Structures designated as landmarks or contributing buildings or structures to a Historic District shall receive priority Building Division plan check processing. (Prior code§ 9621; added by Ord. No. 1590CCS § 1, adopted 7/23/91; Ord. No. 2064CCS § 10, adopted 2/11/03; Ord. No. 2206CCS § 3, adopted 10/3/06)) 9.36.280 CEQA time extensions. Any time periods set forth in this Chapter may be extended· by the Director of Planning by such periods as are necessary to comply with the California Environmental Quality Act (CEQA). (Prior code § 9622; added by Ord. No. 1590CCS § 1, adopted 7/23/91) 9.36.290 The Third Street Neighborhood Historic DistriCt. (a) The City Council has reviewed and considered the Historic District application for the Third Street Neighborhood, and h~s reviewed and considered the recommendation on the application transmitted from the Landmarks Commission. (b) The City Council finds and declares that: (1) The Third Street Neighborhood Historic District possesses aesthetic significance to Santa Monica in that the area displays a high percentage of original, turn of the century, structures, a consistency in building type, primarily the California bungalow, and a close association with the natural environment, as demonstrated in the particular by the siting of the homes on the east side of Third Street which are set into the slope ofthe hilL These elements combine to create an area with both a sense of place and a sense of Santa Monica's past. (2) The Third Street Neighborhood Historic District possesses historical economic significance to Santa Monica in that the Vawter family, leading developers of the Neighborhood, were also influential in the economic success 562-1 of Ocean Park through the founding and operation of Ocean Park's first bank and through the ownership and operation of one of Ocean Park's earliest businesses and tourist attractions, the Ocean Park Floral Company. In addition, the development of piers, bathhouses and hotels stimulated growth in the Ocean Park area by providing jobs and attracting both residents and visitors to Ocean Park and to the Third Street Neighborhood. (3) The Third Street Neighborhood Historic District possesses historic significance to Santa Monica in that the neighborhood is associated with many prominent early (Santa Monica Supp. No. 52, 2-07)
Santa Monica Municipal Code 9.36.290 Oty residents, including the Vawter,. Hostetter and Archer families, and Ahhot Kinney. The Vawters subdivided the District into residential lots, and also assisted in the estab-lishment of Ocean Park's first water company and Santa Monica's first regular transportation service to Ocean Park. Moses Hostetter and his son William were hoth Neighhor-hood residents (2601 Second Street and 237 Beach Street, respectively). Moses Hostetter was a member of the Santa Monica Board of Trustees between 18% and 1900, serving as chairman of the police, fire, and light committees. Alvin Archer constructed the American Colonial Revival home at 245 Hill Street and was also a founder of Ocean Park's first volunteer fire brigade. His wife, Louetta, was Ocean Park's first postwoman. Abhot Kinney, before developing "Venice .of America," owned property on the west side of Second Street in the District, and also gave Ocean Park its name, naming the area after the eucalyptus groves planted by the Vawters near South Santa Monica Beach. . ( 4) The Third Street Neighborhood Historic District possesses architectural significance to Santa Monica in that the area displays a variety of architectural styles, from Victorian to Gothic, to American Colonial Revival, to California Craftsman, to Spanish Colonial Revival, which provide a visual representation of the Neighborhood's development through the 1930s. In addition, the Neighhor-hood is dominated by bungalows; twenty-nine bungalows and one bungalow court are extant in the District. While typically designed in a variety of architectural styles, the common bungalow theme is the association with the sur-rounding environment, the use of front porches, sun porches~ front steps, overhanging eaves, and numerous windows to provide views and to merge the interior and exterior landscapes. The Third Street Neighhorhood is a representative example of this architectural movement in Santa Monica. (5) The Third Street Neighhorhood Historic District possesses cnitural significance to Santa Monica in that the area has ties to Santa Monica's religious, artistic and political life through the inclusion of hoth the Church in Ocean Park and the Iglesia El Sermonte Del Monte . Assembleas De Dios (built in 1916 as the First Baptist Church) in the District, the Neighhorhood's proximity to the murals along the Ocean Park Boulevard/Fourth Street Overpass, an.d the use of the Archer House by the Ocean Park Community Center. (c) The Third Street Neighborhood Historic District boundaries consist of the area bounded on the east by the rear property line of the parcels on the east side of Third Street; hounded on the south by Hill Street including the parcels on the south side of the street but excluding the parcel on the southeast comer of Hill Street and Third Street; hounded on the west by the rear property line of the parcels on the west side of Second Street; and hounded on the north by Ocean Park Boulevard. (d) Structures that contribute to the character and integrity of the Third Street Neighhorhood Historic District shall be defined as all structures built prior to 1935; noncon-tributing structures and sites shall be defined as post 1935 developments and vacant parcels. (e) Pursuant to Santa Monica Municipal Code Section 9.36.130, until such time as an ordinance is adopted that specifies the nature of any alteration, restoration, construc-tion, removal, relocation, or demolition of or to a building or structure within the Historic District that can occur without prior approval of a certificate of appropriateness, any such work must obtain approval of a certificate of appropriateness or certificate of economic hardship by the Landmarks Commission. (Prior code § 9630; added by Ord. No. 1535CCS, adopted sn 190; amended by Ord. No. 1590CCS § 1, adopted 7/23/91) 9-36300 The Bay Craftsman Cluster IDstoric District. (a) The Oty Council has reviewed and considered the Historic District Application for the four buildings located at 137, 141, 145, and 147 Bay Street (hereinafter "The Bay Street Ouster"), and has reviewed and considered the recommendation on the application transmitted from the Landmarks Commission. (b) The City Council finds and declares that: (1) The Bay Street Ouster exemplify, symbolize, and manifest elements of the cultural, social, economic, political, or architectural history of the City in that: (A) The Bay Street Ouster are intact representations of Craftsman architecture style. Craftsman architecture was developed in Southern California, and this prototype complex provides an early, intact example of this style of architecture in the two-story, multi-family format. These structures exemplify classic Craftsman characteristics such as low-pitched overhanging roofs with wide eaves, extended rafters, tripartite windows, and sleeping porches. (B) The location of the Bay Street Ouster adjacent to the old Pacific Electric railway line is significant from a cultural and social perspective as it provides a link to the City's original development of Ocean Park, and particu-. larly Main Street as a new commercial area. Neilson Way_ was originally the Pacific Electric right-of-way known as the "Trolley way," and became a vehicniar street in the 1930s. When the Pacific Electric street railway was linked between Los Angeles and Ocean Park in 1896, summer vacationers and weekend fun seekers were able to travel from the city to the coast in only forty minutes: This new transportation mode spurred growth in the area as it drew more visitors and crowds. Hotels and rooming houses sprang up to accommodate the weekend onslaught. Beach cottages, or small houses that were simply constructed, were built both speculatively for the tourist trade, and by individual families for occasional use. 563 (C) By the close of the 1910s, a substantial portion of Ocean Park had been improved. The 1920s and 1930s gave rise to a near-complete buildout of the area. This pattern of development has continued in the post World War TI era, with the reSult that Ocean Park is characterized by a multi-layered historical legacy in terms of the ages, styles, and bnilding types it contains. The Bay Cluster exemplifies typical Ocean Park development during the earliest portion of the twentieth century. (Santa Monica 2-01)
9.36.300 Santa Monica Municipal Code (2) The Bay Street Ouster has· aesthetic or artistic interest or value, or other noteworthy interest or value in that: (A) These buildings retain a high integrity of design, materials, workmanship, and selling. The Craftsman archi-tectural style is characterized by rustic-textured building materials, board roof overhangs with exposed rafter tails at the eaves, and extensive pergolas and trellises over porches. (B) The two-story Craftsman fourplexes at the corner of Bay Street and Neilson Way (137 and 141 Bay Street) feature front-gabled apartments that are oriented end-to-end. Articulated bargeboards, or boards attached to the proj~g end of the gable roof, outline the shingled buildings. Horizontal slat vents are also located in the gable ends. A Sinaller gable, similarly pitched and detailed, covers an en(ry on the first floor of the southern elevation. Tripar-tite windows are visible on the lower story along the side elevations and above the en(ry gable on the south elevation. A continuous wood-railed balcony is attached to the west elevation where a series of glazed doors, double-hung sash windows, and tripartite openings also appear. (C) The two buildings at 145 and 147 Bay Street are also intact examples of a Craftsman fourplex. Each of the buildings is two stories, capped by a front, low-pitched gable roof. Three gables face forward (south), one over each projecting bay at the ends of the building, and one over the building's center bay. Extended bargeboards and exposed beams and rafters characterize the Craftsman roof-styling. Three doors are located in the recessed central bay. Tripartite windows filter bands of square light across the top and nearly fill the side bays on both stories, and wrap the corners onto the side elevations. Other than the siding material which appears to simulate brick, the fourplex remains substantiaily unaltered. (3) The Bay Street Ouster embodies distinguishing architectural characteristics valuable to a study of a period, style, method of construction, or the use of indigenous materials or craftsmanship, or is a unique or rare example of an architectural design, detail, or historical type to such a study in that the early Craftsman design and high degree of integrity remaining in these structures makes these buildings a rare example of the Craftsman period and style. The buildings exist as an intact representative of circa 1910 Craftsman architecture which had its genesis in Southern California. As more fuliydescnbed in subdivisions (1) and (2) above of this sulisection (b), these 1910 buildings retain most of their original components with the exception of what appears to be some simulated brickwork siding. ( 4) The Bay Street Ouster has a unique location, a singular physical characteristic, or is an established and familiar visual feature of a neighborhood, community or the City in that these buildings have a unique location on the north side of Bay Street between Neilson Way and Main Street. They exist as a mostly intact block face in a neighborhood that is highly fragmented in terms of age and building styles. As most other buildings of this era have been replaced, the buildings have become an estab-lished visual feature of the neighborhood that represents tum of the century Ocean Park. (Santa Monica 2-01) 564 (5) The Bay Street Ouster reflects significant geograph-ical patterns, including those associated with different eras of settlement and growth, particular transportation modes, or distinctive examples of park or community planning. These buildings are located on the north side of Bay Street between Neilson Way and Bay Street. Neilson Way was originally the Pacific Electric right-of-way known as the "Trolley way." It became a vehicular street in the 1930s. The tracks, which connected Santa Monica to the rest of the region, were a major stimulus for the development of the City and the Ocean Park area. In addition to its proximity to transportation, these structures were close to both the beach and the retail area on Main Street. This remains a desirable location to this day. (c) Pursuant to Sections 9.36.130 and 9.36.140 of this Code, until such time as an ordinance is adopted that specifies the nature of any alteration, restoration, construc--tion, removal, relocation, or demolition of or to a building or structure within the Historic District that can occur without prior approval of a Certificate of Appropriateness, any such work must obtain approval of a Certificate of Appropriateness or Certificate of Economic Hardship by the Landmarks Commission. (Added by Ord. No. 1994CCS § 1, adopted 12/5/00) Chapter 9.40 THE THIRD STREET NEIGHBORHOOD IDSTORIC DISTRICT STANDARDS Sections: 9.40.010 9.40.020 9.40.030 9.40.040 9.40.050 9.40.060 9.40.070 9.40.080 9.40.090 9.40.100 9.40.110 Definitions. Applicability. Criteria fOr issuance of applications. Procedures. Demolition. Architectnral Review Board exemption. Design guidelines. Maintenance and repair. Citizen participation. Conceptnal review by Landmarks Commission. Landscape survey. 9.40.010 Definitions. Words or phrases as used in this Chapter shail have the meaoing as defined in Section 936.030 except as other-wise defined as follows: · (a) Certificate of Administrative Approval A certificate issued by the Landmarks Commission Secretary, or Land-marks Commission on Appeal, for a project in the Third Street Neighborhood Historic District pursuani to Section 9.40.030(b). (b) Certificate of Appropriateness. A certificate issued for a project in the Third Street Neighborhood Historic District pursuant to Section 9.40.030(c).
Santa Monica Municipal Code 9.40.010 (c) Certificate of Exemption. A certificate issued by the Landmarks Commission Secretary for a project in the Third Street Neighborhood Historic District pursuant to Section 9.40.030(a). (d) Contributing Structures. All structures· located within the. Third Street Neighborhood Historic District boundaries that were constructed in 1935 or earlier. (e) District. The Third Street Neighborhood Historic District. (f) Project. Any alteration, restoration, construction, reconstruction, removal, relocation or demolition of a structure within the Third Street Neighborhood Historic District. (g) Third Street Neighborhood Historic District Bound-aries. The Third Street Neighborhood Historic District boundaries consist of the area bounded on the east by the rear property line of the parcels on the east side of Third Street; bounded on the south by Hill Street, including the parcels on the south side of the street but excluding the parcel on the southeast comer of Hill Street and Third Street; bounded on the west by the rear property line of the parcels on the west side of Second Street; and bounded on the north by the southside of Ocean Park Boulevard. (h) Noncontributing Structores and Sites. All structores located within the Third Street Neighborhood Historic District boundaries constructed after 1935 as well as vacant parcels. (i) Secretary of the Interior's Standards for Rehabilita-tion and Guidelines for Rehabilitating Historic Buildings. Those certain guidelines for the planning and review of historic building rehabilitation, restoration, alteration and addition, prepared by the United States Department of Interior dated 1976, and as may be amended from time to time. (Prior code§ 9631; added by Ord. No. 1557CCS, adopted 11/13/90; Ord. No. 1590CCS, adopted 7/23/91) 9.40.020 Applicability. (a) Automatic Exemption. No City approval shall be required for work to a contributing or non-contributing building if no building permit is required and if the work does not require a certificate of administrative approval or certificate of appropriateness under this Section. (b) Certificate of Exemption. A certificate of exemption shall be required for the following work to contnbuting and non-contributing buildings within the District if a building permit is required: (1) All interior alterations. (2) House painting resulting in no change in color. (3) New screens. (4) Flat concrete work in the side and rear yards. (5) Repaving of existing front yard paving, concrete work and walkways, if the same material in appearance as existing is used. ( 6) General maintenance and repair if it results in no change in existing appearance. (7) Removal or addition of minor landscape featores, including sprinkler systems and excluding matore trees. (8) Removal of mature trees if severely damaged or diseased. (9) Emergency repair.; necessru:y to preserve life, health · · or property as determined by the Building Officer to be immediate and necessary. (10) Rear or side yard fences. A certificate of exemption ·Shall be required for the following work to noncontributing buildings within the District if a building permit is required: (1) Roofing work, other than general maintenance. (2) Foundation work, other thao general maintenance. (3) Chinrney work, other than general maintenance. (c) Certificate of Administrative Approval. A certificate of administrative approval shall be required for the follow-ing work to contributing and noncontnbuting buildings within the District: (1) House painting resulting in a change in color. (2) Retaining walls. (3) New windows or doors. ( 4) Skylights. (5) Removal of mature trees if specifically identified in a landscape survey adopted by the Landmarks Com-mission. ( 6) Removal, demolition, addition or alteration to front yard fences. · (7) Removal, demolition, addition, alteration or repav-ing of front yard paving, concrete work or walkways, if material used changes existing appearance. (8) Roof top solar equipment or exterior telecommuni-cation equipment. (9) Mechanical systems including air conditioning or heating. A certificate of administrative approval shall be required for the following work to contnbuting buildings within the . District: (1) Roofing work, other than general maintenance. (2) Foundation work, other thao general maintenance. (3) Chinrney work, other than general maintenance. _ (d) Certificate of Appropriateness. A certificate of_ appropriateness shall be required for the following work to contributing and noncontributing buildings within the Third Street Neighborhood Historic District: (1) Suriacing and resuriacing of exterior walls if it changes appearance. (2) Removal, demolition, addition or alteration to the front of structures. 564-1 (3) Removal, demolition, addition or alteration to the side or rear of structures. ( 4) Construction of new buildings within the Third Street Historic District boundaries. (5) Relocation of buildings within, out of, or into the Third Street Neighborhood Historic District. ( 6) Removal, demolition, addition or alteration to building roof lines. . (7) Any other similar work not enumerated in subdivi-sioti (a), (b), or (c) of this Section, as determined by the Landmarks Commission Secretary within his or her sole discretion, except that any demolition of a contributing or noncontributing strncture shall be governed by the provisions of Section 9.40.050. (Prior code§ 9632; added by Ord. No. 1557CCS, adopted 11/13/90; Ord. No. · 1590CCS, adopted 7/23/91) (Santa Monica 2-01}
9.40.030 Santa Monica Municipal Code 9.40.030 Criteria for issuance of applications. (a) Criteria for Issuance of Application for Exemption. The Landmarks Commission Secretacy shall issue a certifi-cate of exemption for projects in the District if the Secre-tacy finds that the proposed project is included within the list of work enumerated in Section 9.40.020(b). (b) Criteria for Issuance of Application for Certificate of Administrative Approval. The Landmarks CorumiBsion Secretacy, or the Landmarks CommiBsion on appeal, shall issue a certificate of administrative approval for projects in the District if the Secretacy or CommiBsion finds that the project is included within the list of work enumerated (Santa Monica 2-01) 564-2
in Section 9.40.020( c); that the project is not detrimental to the character of the structure; and that the project does not detract from the integrity of the district. (c) Criteria for Issuance of Application for Certificate of Appropriateness. The Landmarks Commission, or the City Council on appeal, shall issue a certificate of appropri-ateness for projects in the District if it finds that the project is included within the list of work enumerated in Section · 9.40.020(d), and it makes a. determination in accordance with any one or more, as appropriate, of the following criteria, which shall be in lieu of those otherwise required by Section 9.36.140: -(1) That in the case of any proposed alteration, restora-tion, construction, removal or relocation, in whole or in part of or to a contributing building or structure within the' District, the proposed work would not be incOmpatible with the exterior features of other contributing improve-ments within the District, not adversely affect the character of the District, and not be inconsistent with any design guidelines and standards that may be developed and adopted by the Landmarks Commission specifically for the District. (2) That in the case of any proposed alteration, restora-tion, construction, removal or relocation, in whole or in part, of or to a contributing building or structure within the District, the proposed work would not adversely affect any exterior feature of the historic structure. (3) That in the case of any proposed work to a non-contributing building or structure. within the District reaspn-. able effort has been made to produce compatibility with the District character as sei forth in Section 9.36.290, and with the scale, materials and massing of the contributing structures within the District. ( 4) That in the case of any proposed construction of a new improvement on any parcel located within the District boundaries, the exterior features of such new improvement and its placement on the property would not adversely affect and not be disharmonious with the District character as set forth in Section 9.36.290, and with the scale, materials and massing of the contributing struc-tures within the District. (5) That the applicant has obtained a certificate of economic hardship in accordance With Section 9.36.160. (Prior code§ 9633; added by Ord. No. 1557CCS, adopted 11/13/90; Ord. No. 1590CCS, adopted 7/23/91) 9.40.040 Procedures. (a) Certificate of Exemption and Certificate of Admin-istrative Approval. (I) Application Process. An application for a certificate of exemption and certificate of administrative approval for a project in the District shall be filed only by the property owner or the property owner's authorized agent on a form supplied by the City. An application shall be deemed complete within thirty days after the Planning Division receives a substantially complete application together with all information, plans, specifications, state-ments of work, photographs of the affected area of the property, verification that notice of the pending application has been posted on the property, and other material and 9.40.030 documents required by the application. If, within the specified time period, the Planning Divisions fails to advise the applicant in writing that his or her application is incom-plete and to specify additional information required to complete that application, the application shall automatical-ly be deemed complete. A public hearing shall not be required for issuance of a certificate of exemption or a certificate of administrative 'approval, but posting of the property pursuant to Section 9.40.040(a)(3) shall be re-quired. (2). Timing of Application. A certificate of exemption· for a project in the District approved by the Landmarks Commission Secretary shall be required to be_ iiisued prior to issuance of any building permit for the use or activity. A certificate of administrative approval shall be required to be issued prior to issuance ofany building permit for, or commencement of, the use or activity. (3) Posting of Property. Prior to filing an application for a certificate of administrative approval for a project in the District, the applicant shall post notice of the pending . application on the property in the manner set forth by the Zoning Admiuistnitor in the application form supplied by the City. This notice must be continuously posted while the application is pending. This requirement shall not apply to applications for a certificate of exemption. ( 4) Determination. The Landmarks Commission Secre-tary shall issue or deny a certificate of exemption or a certificate of administrative approval for a project in the District within thirty days of the application being deemed complete. For a certificate of administrative approval, the Landmark Commission Secretary shall post this determina-tion on the property and the applicant shall ensure that the determination remains posted for the duration of the appeal period. The Landmarks Commission Secretary shall also post this determination on the City's Public Electronic Network. The Landmarks Commission Secretary shall send a copy of the determination to all members of the Land-_ marks Commission and to the Committee created pursuant to Section 9.40.090 of this Chapter. (b) Certificate of Appropriateness and Certificate of Economic Hardship. ( 1) Application Process. An application for a certificate of appropriateness, or certificate of economic hardship for a project' in the District shall be filed only by the property owner or the property owner's authorized agent on a form supplied by the City. A certificate of appropri-ateness and certificate of economic hardship shall be processed in accordance with Section 9.36.170(a) through 9.36.1700), except that the applicant shall also be required to post notice of the pending application as provided in Section 9.40.040(b)(3), that notice of the public hearing shall be conducted as provided in Section 9.40.040(b)(4), and that the applicant must provide verification at the time of application that they have met with representatives of any Third Street Neighborhood Historic District neighbor-hood association as may exist. (2) Timing of Application. A certificate of appropri-ateness or certificate of economic hardship for a project in the District approved by the Landmarks Commission shall be required to be issued prior to issuance of any 565
9.40.040 demolition pennit, building penni! for, or commencement of, the use or activity. (3) Posting of Property. Prior to filing an application for a certificate of appropriateness, or certificate of eco-nomic hardship for a project in the District, the applicant shall post notice of tbe pending application on the property in the manner set forth by the Zoning Administrator in the Application Form supplied by the City. This notice must be continuously posted while the application is pend-ing. ( 4) Notification. Within ten days of deeming an appli-cation for a certificate of appropriateness or certificate of economic hardship complete, notice of the date, time, place, and purpose of the public hearing shaD be given by at least one publication in a daily newspaper of general circulation shall be mailed to the applicant, and to the residents and owners of all real property within the Third Street Neighborhood Historic District, as weD as to the residents and owners of all real property within three hundred feet of the exterior boundaries of the property involved. The notice shall also be posted on the City's · Public Electronic Network. The public hearing for said notice shall occur not less than ten days and no more than thirty-five days after notice is given. The failure to send notice by mail to any such real property owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed project. The Commission may also give such other notice as it may deem desirable and practical. ( 5) Determination. The Landmarks Commission shall issue its detennination on a certificate of appropriateness or certificate of economic hardship for a project in the District in accordance with Section 9.36.170(e) through 9.36.170(g). (c) Appeals. Appeals shall be processed according to the following procedures: ( 1) Certificate of Exemption. The approval, conditions of approval, or denial of a certificate of exemption shall not be appealable, except that upon the request of the applicant the Landmarks Commission Secretary shall process any such denial as art application for a certificate of administrative approval or certificate of appropriateness, as appropriate. The applicant must comply with all rules and procedures, including the payment of any applicable fees, governing the applicable certificate. (2) Certificate of Administrative Approval. The approv-al, conditions of approval, or denial of a certificate of administrative approval for a project in the District may be appealed to the Landmarks Commission by any ag-grieved person. Appeals must be filed within fourteen days of the date the determination is posted on the property. A public hearing before the Landmarks Commission shall be scheduled at the next available regular meeting. Public notice of the appeal hearing shall conform to, the manner in which the original notice of application was given. Notice of the appeal hearing shall also be posted on the City's Public Electronic Network. . (3) Certificate of Appropriateness and Certificate of Economic Hardship. The approval, conditions of approval, or denial of an application for a certificate of appropriate-566 ness or certificate of economic hardship may be appealed to the City Council according to the procedures set forth in Section 9.36.180. (d) Expiration of Approvals. Any certificate issued for a project in the District pursuant to this Chapter shall expire of its own limitation within a one-year time period commencing on the effective date of the certificate if the work authorized is not commenced by the end of such one-year time period. In addition, any certificate shall also expire arid become null and void if such work authorized is suspended or abandoned for a one-hundred-eighty day time period after being commenced. (e) Effective Date of Decision. A decision on a project in the. District that is subject to appeal shall not become effective until after the date the appeal period expires. A decision not subject to appeal shall become effective upon issuance. (f) Extension of Approvals. The Landmarks Commission may, by resolution, for good cause, extend the time period for exercising a certificate of exemption, a certificate of . administrative approval, certificate of appropriateness or certificate of economic hardship for a project in the District for a period of up to one hundred and eighty days upon such terms and conditions as the Commission deems appropriate. Such extended certificate shall expire if the work authorized by the extension is not commenced by the end of the extension period. (g) Resubmittal of an Application. Notwithstanding Section 9.36.170(k), whenever an application for a certifi-cate of exemption or certificate of administrative approval, for a project in the District has been deemed disapproved by the Landmarks Commission Secretary or by the Land-marks Commission on appeal, or whenever an application for a certificate of appropriateness or certificate of eco-nomic hardship for a project in the District has been deemed disapproved by the Landmarks Commission or by the City Council on appeal, rio application which is substantially the same may be resubmitted to or reconsid-ered by tbe Landmarks Commission Secretary, Landmarks qommission or City Council for a period of twelve months f~om the date of the effective date of the final action. However, any such certificate application may be refiled at any time during ttie twelve-month period provided that the applicant submits significant additional information which was not and could not have been submitted-with the previous application. The refiled application shall be processed in the same manner as the original application. (h) Fees. The City Council may by resolution establish fees for any application or appeal permitted by this Chap-ter. Members of the Landmarks Commission shall not be required to pay a fee when filing an appeal of the determi-nationfor a certificate of administrative approval or certifi-cate of appropriateness. No fee shall be required for a certificate of exemption and-a certificate of administrative approval. (i) Otber City Approvals. In connection witb any project that requires a certificate of exemption, certificate of admin-istrative approval, certificate of appropriateness, or certifi-cate of economic hardship under this Chapter, any approval of such project by any other City body, board, commission
Santa Monica Municipal Code 9.40.040 or officer shall be conditioned on obtaining the necessary · approval pursuant to this Chapter. (Prior code§ 9634; added by Ord. No. 1557CCS, adopted 11113/90; Ord. No.1590CCS, adopted 7/23/91} · 9.40.050 Demolition. (a) Contributing Structures. The demolition of contributing structures located within the District shall only be permitted upon issuance of a certificate pUrsuant to subsections (1) or (2) below: ( 1") The Landmarks Commission's issuance ~fa certific~te of appropriateness based upon all of the following findings: A. That the structure· does nqt embody distinguishing architectural characteristic valuable to a study of a period, style, method of construction or the use of indigenous materials or craftsmanship and does not display Such aesthetic or artistic quality that it would not reasonably meet the criteria for designation as one of the following: National Historic Landmark, National Register of Historic Places, California Registered Historical Landmark, or Califor:nia P(_Jint of Historical Interest B. That the conversion of the structure into a new use permitted by right under current zoning or with a conditional ·use permit, rehabilitation, or some other alternative (or preserving the structure, including relocation within the District boundaries is not feasible. C. That the removal of the structure from the District will not reSult fn a-loss of the District's historic integrity. (2) The-Landmarks Commission's issuance of a certificate of economic hardship in accordance with Section 9.36.160. (b) Noncontributing Structures. The demolition of noncontributing structures-located within the District shall be permitted only upon compliance with the procedUres set forth ·in Section 9.04.10.16.010. (c) Deffiolition Permit' Order of Review. Whenever a project is proposed for a structure -or site within the District boundaries that involves the demolition of a_ contributing structure and will require the review, approval Or issuance of any Zoning Administrator permit, conditional use permit, development review permit, te-ntative parcel map, tentative tract map or building permit the applicant must· first obtain either a· certificate of appropriateness or a certi"ficate of economic-hardship from the Landmarks Commission to permit such demolition. (Prior code § 9635; added by Ord. No. 1557CCS, adopted 11/13/90; Ord. No. 1590CCS, adopted 7123/91) 9.40.060 Architectural Review Board exemption. All structures located within the boundaries of the District shall be excluded from any City architectural review district, and be exempt from Architectural Review Board approval._ (Prior code § 9636; added by Ord. No. 1557CCS, adopted 11/13/90; Ord. No. 1590CCS, adopted 7/23/91) 9.40.070 Design guidelines. (a) The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings may be used by the Landmarks Commission and Landmarks Commission Secretary to.assist in its evaluation of proposed projects within the District. The Secretary's Guidelines, however, shall not be considered disposit.ive with respect to any project or determination on any certificate required for work in the District. (b) The Landmarks Commission shall adopt design guidelines for the District within one hundred eighty days of the date of adoption ofthis Chapter. (Prior code§ 9637; added by Ord. No. 1557CCS, adopted 11/13/90; Ord. No.l590CCS, adopted 7/23/91) 9.40.080 Maintenance and repair. Every property;owner of a structure within the District shall have the dutY of keeping in good repair all exterior features of the District structure, and all interior features thereof which, if ~ot so maintained, rriay cause or tend to cause the exterior features ofthe Historic District structure to deteriorate, decay or :become damaged, or otherwise to fall into a state of disrepair. Any property owner who fails to comply with this .Section sQall be giVen written notice by the City of the violation ofthis Section and shall within sixty days of receipt of written notice from the City bring the property into compliance with this Section. (Prior code § 9638; added by Ord. No. 1557CCS, adopted 11/13/90; Ord. No. 1590CCS, adopted 7/23/91) 567 9.40.090 Citizen participation. The Landmarks ~ommission, within ninety days of the date of adoptiOn of this Chapter, shall adopt a resolution est.ab1ishing an ongoing,process to ensUre citizen participation in the proceedings under this Chapter. The resolution shall include: (a) A committee established by and rep~rting to the Landmarks Commission consisting pf at least one member of the Landmarks Commission and two members of the public residing within the District.. , (b) Distribution to, the Cominittee of all applications for certificates of appropriateriess filed under this Chapter, all determinations and appeals concerning certificates of administfative approval, and any pending conceptual review proceeding pursuant to Section 9.40.1 00. (c) ·Procedures by which the Committee shall make recommendations to the Landmarks Commission concerning applications filed under this Chapter. (Prior code § 9639; added by Ord. No. 1557CCS, adopted 11/13/90; Ord. No. 1590CCS, adopted 7/23(91) · 9.40.1 00 Conceptual review by Landmarks . Commission. Ariy project that requires a certificate of appropriateness pursuant to this Chapter and also requires discretionary revie'w by the Planning Commission shaH be reviewed in concept by the Landmarks Commission before the review by the Planning Commission. Following such conceptual review, the Landmarks Commission shall transmit the-results of its deliberations to the Planning Commission. The Planning Commission in its deliberations shall consider the comments (Santa Monica Supp. No. 48, 2-06)
9.40.100 Santa Monica Municipal Code Of the Landmarks Commission. (Prior code§ 9640; added by Ord. No. 1557CCS, adopted 11/13/90; Ord. No. 1590CCS, adopted 7/23/91) 9.40.110 · Landscape survey. The Landmarks Commission shall prepare a landscape survey within one hundred eighty days of the date of adoption' of this Chapter. The landscape survey shall survey the mature trees within the District. (Prior code § 9641; added by Ord. No. 1557CCS, adopted 11/13/90; Ord. No. 1590CCS, adopted 7/23/91) (Santa Monica Supp. No. 48, 2-06) 568
Santa Monica Municipal Code 9.44.010 Chapter 9.44* SEXUALLY-ORIENTED BUSINESS Sections: 9.44.010 9.44.020 9.44.030 9.44.040 9.44.050 9.44.060 9.44.070 9.44.080 9.44.090 Statement of purpose. Location of sexually-oriented businesses. Definitions. Amortization of nonconfot:"ming uses. Processing and approval of business license applications, Business license validity and conditions. Sale or transfer of business. Displays. Judicial review. ' Prior history note: Prior code §§ 9700-9704 ··and Ord. No. 1193CCS, adopted 1/14/81. 9.44.010 Statement of purpose. It is the purpose and intent of this Chapter to regulate the operations of sexually-oriented businesses, which have judicially recognized adverse secondary effects, including, but not limited to, increases in crime in the vicinity of adult businesses; decreases in property values in the vicinity of adult businesses; ·increases in vacancies in residential and commercjal areas in vicinity of adult businesses; interference with residential property owners' enjoyment of their properties; and the deterioration of neighborhoods. Special regulation of these businesses is nece~sary to prevent these adverse secondary effects while at the same time protecting · the First Amendment rights of those individuals who desire to own, operate or patronize adult businesses. It is therefore the purpose of this Chapter to establish reasonable and uniform regulations to prevent the concentration of sexuallyoriented businesses or their close proximity to incompatible uses, while permitting the location of sexually-oriented businesses in certain areas. (Added by Ord. No. 2173CCS § 1 (part), adopted 1 0/25/05) 9.44.020 · Location of sexually-oriented businesses. It shall be Unlaw.ful to operate or cause to be opefated a sexually-oriented business except as provided in this Code: (a) Sexual1y·oriented businesses shall be considered a permitted use only in designated commercial districts. Sexually-oriented -bUsinesses shall be prohibited in all other zoning districts in the City. . · (b) Within the designated commercial districts, no person shall cause or permit ·the establishment of any sexually-oriented business within five hundred feet of any, religious institution, school, public park, public library, public playground, or residentia1 district, or within one thousand feet of another sexually-oriented businesS. The required separation distance between sexually-oriented businesses and any of the uses specified above shaH be measured in a straight line from the closest points on the property lines of each site. · (c) No more than one sexua11y-ori~nted business may be operated or maintained in the _same building, structUre, or portion thereof. (Added by Ord. No. 2173CCS § 1 (part), adopted 1 0/25/05) 9.44.030 Definitions. (a) "Adult-oriented merchandise" shall mean any goods, products, commodities or other ware, including, but not limited to videos, CD ROMs, DVDs, computer disks or other storage devices, magazines,· books, pamphlets, posters, cards, periodicals, or non-clothing novelties which are distinguished or characterized by-an emphasis . upOn the depiction, simulation, or acting out of specified sexual activities or specified anatomical areas. 569 (b) "Designated Commercial Districts" shall mean the C3, C3C, C4, C5, LMSD, Ml, and BSC Districts. (c) "Distinguished or characterized by an emphasis upon" shall mean ahd refer to the dominant c;>r essential theme of the obj eel described by such phr~se. For instance, when the phrase refers to films ''which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the fi1ms so described are those whose dominant or predominant character and theme are the-depiction of the enumerated sexual activities or anatomical areas. (d) "Establishment of a sexually-oriented business" shall mean and include any of the following: (1) The opening or commencement of any sexually-orie_nted business as a new business. (2) The conversion of an existing business, whether or not a sexually-oriented business, to any sexually-oriented business defined herein. (3) The addition of any of the sexually-oriented businesses defined herein to any other· existing sexually-oriented business. (4) The relocation of anY such sexually-oriented business. (e) "Regularly features" shaH mean a regular and substantial course of conduct. Live perfonnances which are distinguis~ed or characterized by an emphasis upon the display of specified anatomical area or specified sexual activities which occur on ·four or more occasions within a thirty-day period; six or more occasions within a sixty-day· period; or eight or more occasions within a one hundred eighty day period shall be deemed to be a regular and substantial course of conduct. (f) "Religious institUtion" shall mean church, cOnvent, monastery, synagogue, mosque, or other place of reHgious worship. (g) "Residential districts" shall mean the R1, R2, R2R, R2B, R3, R3R, R4, RVC, R-MH, OPl, OP-D, OP2, OP3, and OP4 Districts or any other district designated by the city Council as a residential district. (h) "School" shall mean any child or day care center, or an institution ofleaming for minors, whether public or private) offering instruction in those courses of study required by the California Education Code and maintained pursuant to (Santa Monica Supp. No. 48, 2-06)
9.44.030 Santa Monica Municipal Code standards set by the State Board of Education. This includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high schoot charter school, or any special institution ·or education or work training program for physically and mentally disabled adults, but does not include a vocational or professional institution of higher education, including a cOmmunity or junior college, or college or university. (i) "SexuallY-oriented businesses" shall mean any of the following: (l) "Adult arcade" shall mean an establishment where, for any form of consideration, one or more still or motion. picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, .motion pictures, video cassettes, slides or other . photographic reproductions ·thirty percent or more of the · nu$ber of which are distinguished or characterized by an emphasis upon the depiction, simulation, or acting out of specified seXual activities or specified anatomical areas. (2) "Adult cabaret" shall mean a nightclub, restaurant, or similar business establishment which: (A) regularly features live perfom1ances which are distinguished or characterized by an emphasis upori the disPlay of specified anatomical areas or specified sexual activities; (B) which regularly features persons who appear semi-nude; or (C) shows films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty percent or more of the number of which are distinguished Or characterized by an emphasis upon the depiction, simulation·, or acting out of specified sexual activities or specified anatomical areas. (3) "Adult hotel/motel'' shall mean a hotel or motel or similar business establishment offering public accommodations for any fonn of consideration which: (A) provideS patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides or other photographic reproduc6ons thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction, simulation, or acting out of specified sexual activities or specified anatomical areas; and (B) rents, leases, or lets any room for less than a six-hour period, or rents, leases or le_ts any single room more than twice in a twenty-four hour-period. (4) "Adult moti-on picture theater" shall mean a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction, simulation, or acting out of specified sexual activities or specified anatomical areas. (5) "Adult retail use establishment" shall mean an establishment that has thirty percent or more of its ·stock in adult-oriented merchandise. (6) "Adult theater" shall mean a theater, concert hall, auditorium, or similar establishment which, for. any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities. (Santa Monica Supp. No. 48, 2-06) G) ~<Specified sexual aC.tivities" sh~ll mean: (1) Human genitals in a stat.e of sexual stimulation or arOusal; (2) Sex acts, actual or simulated, including acts of masturbation, sexual intercourse, oral copulation, or sodolny; . or (3) Fondling or other erotic touching of human genitals, pubic region, buttock, anus, or female breasts; · ( 4) Excretory functions as part of or in corinection with any ofthe other activities described in subdivisions (l) through (3) of this subsection. (k) "Specified anatomical areas" shall mean: (I) Less than completely and opaquely covered: (A) Human genitals, pubic region, (B) Buttock, and ' (C) Female breast below a point immediately above the top of the areola; or (2) Human male genitals, less than completely and opaquely covered, or human rllale genitals in a discemably turgid state, even if completely and opaquely. covered. (3) Any device, costume, or Covering th3t simulates any of the body parts included in subdivisions (l) or (2) of this subsection. (I) "Stock" shall mean any ofthe following: (1) The business devotes thirty percent or more of the retail floor area to adult-oriented merchandise. (2) The business devotes thirty percent or more of its annual retail inventofy (measured by the number of items or the consumer retail pri~e of the inventory) to adult-ori~nted merchandise. (3) The retail value of merchandise that is distinguished or chanicterized ~y an emphasis on specified sexual aCtivities or specified anatomical areas is thirty percent or more of the total . retail value of inventory offered in each of the following categories: (A) books; (B) magazines; (C) video tapes or any material iil digit31 format including, but not limited to, compact disc (CD) or digital video disc (DVD), for sale or rental; (D) non-clothing novelties and devices; and (E) on-premises viewing of images, films and/or videos .. 570 (4) Annual gross revenue derived from adult-oriented merchandise is thirty percent or more of the total gross revenue. There .is a rebuttable presurilption that a business constitutes a sexually-oriented business where the business (1) offers or advertises merchandise that is distinguished or ch~racterized by an emphasis upon specified sexual activities or specified anatomical areas and (2) fails to· make revenue and inventory related business records aVailable to the City upon reasonable advance notice. (Added by Ord. No. 2173CCS § 1 (part), adopted 1 0/25/05) 9.44.040 Amortization of nonconforming uses. The following amortization provisions shall apply to nonconforming uses: (a) Any use of real property existing on September 27, 2005, which does not conform to the provisions of this Chapter, but which was constructed, operated and maintained
Santa Monica Municipal Code 9.44.040 in compliance with all previous regulations governing sexually-oriented uses, shall be regarded as a legal nonconforming use which may be continued until November 24,2006. (b) The owner or operator of a nonconforming use may apply to the City Council for an extension of time within which to tenninate the nonconforming use. An extension shall -be for-a reasonable period of time commensurate with the investment involved and shall be approved if the City Council makes all of the following findings or such other findings as are required by law: (1) The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconfonning use is conducted; such property or structure cannot be' readily converted to another use; and such investment was made prior to September 27,2005. (2) The applicant will be unable to recoup said investment as of November 24, 2006. (3) The applicant has made good faith efforts to recoup the investment and to relocate the use to a location to meet the requirements of this Chapter. (c) For purposes of this section, in the case of two adult uses located within one thousand feet of one another, that use which was first lawfully established and is otherwise in conformity with this Chapter, shall be entitled to continue in its present location. (Added by Ord. No. 2173CCS § l, adopted 10/25/05) 9.44.050 Processfng and approval of business license applications; The City shall act upon any application for a business license to operate a sexually-oriented business within thirty days. The failure to act on the application within thirty days shall be deemed an approval unless the applicant voluntarily agrees to extend the time for the City to act upon the application. The City shall .approve the business license application unless it is determined that: (a) The applicant, its employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application or in any report or record required to be filed with the Finance Department. (b) The application does not contain the information required by this Chapter or Chapter 6 ofthis Code. (c) All required fees have not been paid. (d) The operation of the sexually-oriented business is or would be in violation of one or more provisions of this Chapter. (e) The premises where the sexually-oriented business is or would be located do not comply with all applicable laws, including, but not limited to the City's building, health, zoning and fire ordinances. (f) A business license for the operation of the sexually· oriented business has been issued to the applicant, a partner of the applicant or a stockholder of the applicant which stockholder owns more than ten percent of the applicant's 570-l corporate stock, which business license has been suspended and the petiod of suspension has not yet ended. Notice of the business license denial shall be in writing and shall state the grounds for denial. Notice shall be personally served to the business license applicant or mailed to the address listed on the application form. (Added by Ord. No. 2173CCS §I, adopted 10/25/05) 9.44.060 Business license validity and conditions. The City may condition issuance of a business license to ensure compliance with the provisions of this Chapter and other standards and regulations of the City's Municipal Code applicable to the operation of a sexually-oriented business. Each business license shall be valid only: (a) For the business owner(s) specified in the business license aPplication. (b) For the business name for the. sexually-oriented business listed in the business license application. (c) For the specific type of sexually-oriented business described in the business license application. (d) For the specific location described in the business license application. (Added by Ord. No. 2173CCS § l, adopted 10/25/05) 9.44.070 Sale or transfer of business. (a) No business license issued in compliance with this Chapter shall be assigned or transferred without the prior written approval of the City. The applicant shall apply or a· transfer on a form provided by the City and shall pay the application processing fee established by Council resolution for a new sexually-oriented business. (b) An application for approval of a transfer of a business license shall be required prior to any change in an interest in a partnership or ownership often percent or more of the stock of a corporation to any person not listed on-the original approved application. (c) An application-for transfer of a business license may be denied for any of the grounds specified for denial of an original business license application. (Added by Ord. No. 2173CCS § l, adopted 10/25/05) 9.44.080 Displays. A sexually-oriented business authorized by this Section shall not display any signs, advertising, posters, photographs, graphic representations or adult-oriented m~rchandise that can be viewed by persons off the site and which depict specified sexual activities or specified anatomical areas. (Added by Ord. No. 2173CCS § l, adopted 10/25/05) 9.44.090 Judicial review. Anyone seeking judicial review Of any administrative action under this Chapter may seek a writ of mandate for prompt judicial review of such administrative action pursuant to California Code of Civil Procedure Section I 094.8. (Added by Ord. No. 2173CCS §I, adopted 10/25/05) (Santa Monica Supp.No. 76, 5·13)
9.48.010 Santa Monica Municipal Code Chapter 9.48 DEVELOPMENT AGREEMENTS Sections: 9.48.010 9.48.020 9.48.030 9.48.040 9.48.050 9.48.060 9.48.070 9.48.080 9.48.090 9.48.100 9;48.110 9.48.120 9.48.130 9.48.140 9.48.150 9.48.160 9.48.170 9.48.180 9.48.190 9.48.200 9.48.210 Authority and scope. Application forms. Fees. Qualified applicant. Proposed agreement. Filing of application. Review of application. Duty to give no~ice. Processing. Notice of intention. Manner·of giving notice. Failure to receive notice. Hearing and recOmmendation. of Planning Commission. Hearlng by City Council. Decision by C~ty Council. Approval Of development agreement. Amendment and cancellation. Recordation. Periodic review. Modification or termination. Irregularity in proceedings. 9.48.010 Authority and scope. This Chapter is adopted pursuant to Article 11, Section 7 of the California Constitution and pursuant to Government Code Section 65864 et seq. All development agreements entered into after the effective date of this Chapter shall be processed in accordance with the provisions of this Chapter. In performing his or her functions under this Chapter, the Planning Director shall act under the direction of the City Manager. (Prior code§ 9800; added by Ord. No. 1245CCS, adopted 2/9/82) 9.48.020 Application forms. The Planning Director shall prescribe the form of each application, notice and documents provided fo.r or required under this Chapter for-the preparation, processing, and implementati.on of development agreement~. The application shall include a fiscal impact statement on the proposed development. The Planning Director m~y require an applicant for a development agreement to submit such information and supporting data as the Planning Director considers necessary to process the application. (Prior code§ 9801; added by Ord. No. 1245CCS, adopted 2/9/82) 9.48.030 Fees. The City Council shall establish and from time to time amend by resolution a schedule of fees imposed for the filing and processing of each application and document required by this Chapter. (Prior code § 9802; added by Ord. No. 1245CCS, adopted 2/9/82) (Santa Monica Supp. No. 76, 5-13) 570-2 9.48.040 Qualified applicant. An application for a development agreement may only be filed by a person who has a legal or equitable interest in the real property for which a development agreement is sought or the. authorized representative of such a person. (Prior code § 9803; added by Ord. No. 1245CCS, adopted 2/9/82) 9.48.050 Proposed agreement. Each application shall be accompanied by the form of development agreement proposed by the applicant. (Prior code § 9804; added by Ord. No. 1245CCS, adopted 2/9/82) 9.48.060 Filing of application. The Planning Director shall endorse on the application the · date it-is received. The Planning Director shall review the application and may 'reject the application if it is· not completed in the manner required by this Chapter. (Prior code § 9805; added by Ord. No. 1245CCS, adopted 2/9/82) 9.48.070 Review of application. The application shall be reviewed by the PlarmingDirector. After reviewing the application and anY other pertinent information, the Planning Director shall prepare a.staff report~ The staff report shall analyze the proposed development arld shall contain a recommendation as to whether or not the · development agreement proposed <?t in an amended form should be approved or disapproved. (Prior code§ 9806; added by Ord. No. 1245CCS, adopted 2/9/82) 9.48.080 Duty to give notice., The Planning Director shall give all notices required by this Chapter. (Prior code § 9807; added by Ord. No. 1245CCS, adopted 2/9/82) 9.48.090 Processing. The Planning Commission shall consider the proposed development' agreement and make a recommendation thereon to the City Council in the manner set forth in this Chapter. The Planning Commission shall conclude its consideration of and make its recommendation on the proposed development agreement within ninety days of the time specified for the public hearing -in the notice of intention. The applicant may agree to extend this llinety-day review period. In addition to formal consideration of the proposed development agreement by the Planning Commission pursuant to this Sectio.n, the City Council may establish procedures for early conceptual review of the development agreement proposal by the City Council and City Boards and Commissions or a combination thereof preceding the Planning Commission's formal consideration. (Prior code § 9808; added by Ord. No. 1245CCS, adopted 2/9/82; Ord. No. 2418CCS §I, adopted 2/26/13) 9.48.100 Notice of intention. Upon completion of the staff report required by Section 9.48.070, the Planning Director shall give notice of intention to consider adoption of a development agreement. The notice shall contain:
Santa Monica Municipal Code A. The time and place of the public hearing. B. A general explanation ofthe development agreement including a general description of the property proposed to be developed. C. Other information that the Planning Director considers necessary or desirable. (Prior code§ 9809; added by Ord. No. 1245CCS, adopted 2/9/82) 570-3 9.48.100 (Santa Monica Supp. No. 76·, 5·13)
Santa Monica Municipal Code 9.48.110 9.48.110 Manner of giving notice. All notice required by this Chapter shall be given in the following manner: A. Mailing or delive1y to the applicant and to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within five hundred (500) feet of the property which is the subject of the development agreement. B. Mailing or delivery to all tenants of property within five hundred (500) feet ofthe property which is the subjectof the development agreement. C. Mailing by first class mail to any person who has filed a written request therefor with the Planning Director. D. Publication at least once in a newspaper of general circulation published and circulated in the City. (Prior code § 9810; added by Ord. No. 1245CCS, adopted 2/9/82) 9:48.120 Failure to receive notice. The failure to receive notice by any person entitled thereto by law or this Chapter does not affect the authority of the City to enter into a development agreement. (Prior code§ 9811; added by Ord. No. 1245CCS, adopted 2/9/82) 9.48.130 Hearing and recommendation of Planning Commission. The Planning Commission shall hold a public hearing on the proposed development agreement at the time and place specified in the notice of intention. The Planning Commission shall make its recommendation to the City Council in writing. The recommendation shall include whether or not the proposed development agreement: A. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan. B. Is compatible with the uses authorized in the district in which the real property is located. C. Is in conformity with the public necessity, public convenience, general welfare, and good land use practices. D. Will be detrimental to the health, safety and general welfare. F. Will adversely affect the orderly development of the property. G. Will have a positive fiscal impact on the City. (Prior code§ 9812; added by Ord. No. 1245CCS, adopted 2/9/82) 9.48.140 Hearing by City Council. After the recommendation of the Planning Commission or after the expiration of the time period specified in Section 9.48.090, the Planning Director shall give notice of a public hearing before the City Council in the manner provided for in Sections 9.48.100 and 9.48;] 10. (Priot·code § 9813; added by Ord. No. 1245CCS, adopted 2/9/82) 9.48.150 Decision by City Council. (a) After it completes the public hearing and considers the recommendation, if any, of the Planning Commission, the City Council may accept, modify or disapprove the proposed development agreement. It may, but need not, refer the matters not previously considered by the Planning Commission during its hearing back to the Planning Commission for report and recommendation. The Planning Commission shall hold a public hearing on matters referred back to it by the City Council. (b) The development agreement may not be approved unless the City Council finds that the development agreement is consistent with the general plan and any applicable specific plan. (Prior code § 9814; amended by Ord. No. 1245CCS, adopted 2/9/82) 9.48.160 Approval of development agreement. The development agreement shall be approved by the adoption of an ordinance. Upon the adoption ofthe ordinance, the City shall enter into the development agreement by the execution thereof by the City Manager. (Prior code§ 9815; amended by Ord. No. 1245CCS, adopted 2/9/82) 9.48.170 Amendment and cancellation. (a) Either the City or the applicant or successor in interest thereto may propo~e an amendment or cancellation in whole or in part of the development agreement. (b) The procedure for proposing and approving an amendment to or cancellation .in whole or in part of the development agreement shall be the same as the procedure for entering into a development agreement. (c) Except as provided for in Section 9.48.200 the development agreement may only be amended or cancelled in whole or in part by the mutual consent of all parties to the development agreement. (Prior code§ 9816; amended by Ord. No. 1245CCS, adopted 2/9/82) 9.48.180 Recordation. No later than ten days after the City enters into the development agreement, the City Clerk shall record with the county recorder a copy of the development agreement. (Prior. -code§ 9817; amended by Ord. No. 1245CCS, adoptedZ/9/82)-571 9.48.190 Periodic review. (a) The City Council shall review the development agreement at least every twelve months from the date the development agreement is entered into. (b) The Planning Director shall give the applicant or successor in interest thereto at least ten days' advance notice of the time at which the City Council will review the development agreement. (c) The applicant or successor in interest thereto shall demonstrate good faith compliance with the terms of the development agreement. (d) If, as a result of such periodic review, the City Council finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with the te1ms or conditions of the development agreement, the City Council may commence proceedings to enforce, modify or terminate the development agreement. (Prior code§ 9818; amended by Ord. No. 1245CCS, adopted 2/9/82) (Santa Monica Supp. No. 59, 2-09)
9.48.200 S<;1nta Monica Municipal Code 9.48.200 Modification or termination. (a) If upon a finding under Section 9.48.190(d), the City Council determines to proceed with modification or termination of the development agreement, the City Council shall:give notice to the applicant or successor in interest thereto of its intention to do so. The notice shall contain: (1) The time and place of the hearing; (2) A statement as to whether or not the City Council proposes to modify or terminate the development agreement; (3). Any proposed modification to the development agreement; ( 4) Other information which the City Council considers necessary to inform the applicant or successor in interest thereto of the nature of the hearing. (b) At the time set for the hearing on the modification or termination, the City Council "tfiay take such action as it deems necessary to protect the interests of the City. (Prior code § 9819; amended by Ord. No. 1245CCS, adopted 2/9/82) 9.48.210 Irregularity in proceedings. No action, inaction, or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irl-egularity, informality, neglect or.ornission as to any matter pertaining to the application, notice, finding, record, hearing, report, recommendation, or any other matters of procedure whatsoever unless after an examination of the entire record the court is of the opinion that the error complained of was prejudicial and that a different result would have been probable ifthe error had not occurred or existed. (Prior code§ 9820; amended by Ord. No. 1245CCS, adopted 2/9/82) Sections: 9.52.010 9.52.020 9.52.030 9.52.040 9.52,041 9.52.050 9.52.060 9.52,070 9.52.080 9.52.090 9.52.100 9.52.110 9.52.120 9.52.125 9.52.130 9.52.135 9.52.140 Chapter 9.52 SANTA MONICA SIGN CODE Sign Code. Findings, purposes and policies. Definitions. Sign permit. Landmarks Commission review. Fees. Sign permit application procedures. Review of sign permit applications. Action on sign permit applications. Appeal. Time for exercising sign permit and proof of compliance. Admiriistrative approval of sign permits. Sign adjustment. Exempt signs. Permanent signs exempt from ARB approval. Temporary sign regulations. Permitted signs. (Santa Monica Supp. No. 59, 2-09) 9.52.150 9.52.160 9.52.170 9.52.180 9.52.190 9.52.200 9.52.210 9.52.220 9.52.230 Prohibited signs. Total sign area permitted by district. Bayside District Specific Plan area. Maintenance. Consent of property owner. Signs on street. Removal or modifications of prohibited nonconforming signs. Building officer's powers. Enforcement. 9.52.010 Sign Code. The Uniform Sign Code, 1997 Edition, three copies of which are on file in the office of the City Clerk for use and examination by the public, is hereby adopted as the structural sign code for the City of Santa Monica and shall be referred to, together with all sections of this Chapter, as the Santa Monica. Sign Code. If there is any conflict between the provisions of the Uniform Sign Code, 1997 Edition, and this Chapter, the provisions of this Chapter shall control. (Prior code § 9900; amended by Ord. No. 1333CCS, adopted 3/12/85; and Ord. No. 2002CCS § 1, adopted 3/27/01) 9.52.020 Findings, purposes and policies. The City Council finds and declares: (a) It is the intent of the Santa Monica Sign Code to . preserve and enhance the aesthetic, traffic safety and environmental values of the city while at the same time providing for channels of communication to the public, including, but not limited to, identifying and advertising businesses within the City. The purpose of this Code is to provide minimum standards to safeguard life, health, property and public welfare through the regulation and control of the design, materials, construction, size, location and maintenance of signs and sign structures. (b) It is the City's policy to regulate signs in a manner which_ is consistent with the free speech provisions of the United States Constitution and the liberty of speech provisions of the California Constitution, by enacting regulations which are content neutral. (c) An excess oflarge, ugly, intense signs causes a visual blight on the appearance of the City by detracting from views of structures and open space. This visual blight adversely affects the aesthetic quality of life and traffic safety in Santa Monica for residents, businesses, pedestrians, tourists, and persons in vehicles. In order to promote the appearance of the City, while protecting the rights of sign owners to expression ap.d identification, the regulation of existing and proposed signs is necessary to protect the public health, safety and general welfare. (d) The purpose of the Santa Monica Sign Code is to . encourage signs which are integrated with and harmonious to the buildings and sites which they occupy, to eliminate excessive and confusing sigll displays, to preserve and improve the appearance of the City as a place in which to live and to work and as an attraction to nonresidents who come to visit or trade, and to restrict signs which increase the 572
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Santa Monica Municipal Code 9.52.020 probability of acCidents by distracting attention or obstructing vision. (e) The Santa Monica Sign Code provides minimum standards to safeguard life, safety; property and public welfare by reviewing design and by regulating size, construction, location, electrification, operation and maintenance of all signs and sign structures exposed to public view within the City. The visual appearance and traffic safety of the City caniwt be achieved by measures less restrictive than the procedures and standards of this Chapter. (t) The City has extensive and wide~ranging programs regulating the aesthetics of its public streetscape and private development. (g) It is also the intent of the City to regulate signs consistent with California Business and Professions Code Section 549G-5497 to the maximum extent permitted by State law. (h) To ensure that the Santa Monica Sign Code is neutral with respect to noncommercial messages, subject to the property owner's coilsent, a noncommercial message of any type may be substituted for any· duly permitted or allowed commercial message or any duly permitted or allowed noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional.approval or permitting. This provision. prevails over any more specific provision to the contrary within this Chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, This provision does not create a right to increase the total amount ofsigriage on a parcel, lot, or land use; does not affect the requirement.that a sign structure or mounting device be properly permitted; does not allow a change in the physical structure of a sign or its mounting device; does not allow the substitution of an off~premises commercial message in place of an on-premises commercial message; does not allow one patticular on-premises commercial message to be substituted for another without otherwise complying with this Sign Code; and does not excuse compliance with an approved sign program. (Prior code § 9901; amended by Ord. No. 1333CCS, adopted 3/12/85; Ord. No. 2275CCS §I, adopted 10/14/08) 9.52.030 Definitions. The following words and phrases are used in the Santa Monica Sign Code shall have the following meaning's: (a) Abandoned Sign. A sign which no longer advertises or identifies a legal business establishment, product or activity. (b) Alteration. Any change in copy, color, size or shape, which changes appem·ance of a sign, or a change in position, location, construction or supporting structure of a sign, except that a copy change on an attraction or reader board is not an alteration. (c) Animated Sign. Any sign which has any visible moving part, flashing or osculating lights, visible mechanical movement of any description, or· other apparent visible movement achieved by any means. 573 (d) Area of Sign. The surface area of a sign calculated by enclosing the extreme limits of all lettering, background, emblem, logo, representation, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines drawn at right arigles. On signs with more than one face, that face or those .faces visible from any one direction at one time will be counted at one hundred percent of visible area; other faces will be counted at fifty percent of their area in calculating total sign area. (e) Attraction or Reader Board. Any sign having changeable copy for the purpose of advertising events, sales, services or products provided on the site. (t) Awning. A shelter extending from the exterior wall of a building and composed of nonrigid materials except for the supporting framework. (g) Awning Sign. Any sign painted on or attached to or supported by an awning. (h) Balloon Sign. A lighter-than-air gas-filled balloon tethered in a fixed location. (i) Billboard or Poster Panel. An off-premises sign. Q) Building Frontage. The linear dimensions of a building which faces upon a public street, projected along the street property line. Where a building faces two or more streets, the frontage containing the principal street address shall be designated as the building frontage. (k) Building Identification Sign. Any sign containing the name or address of a building and may include hours of operation and emergency infotmation, such sign being located on the same site as the structure. (I) Changeable .Copy Sign. An attraction or reader board. (m) Commercial Sign. Any sign with wording, logo, or other representation that, directly or indirectly, names, adyertises or calls attention to a business, product, service, profession, commodity, event, person, institution, or other commercial activity or otherwise contains commercial speech. (n) Commercial Speech. Any message proposing a commercial.transaction or related to the economic interests of the speaker and its audience. ( o) Emitting Sign. A sign which emits sound, odor, or visible matter such as smoke or steam. (p) Free-Standing Sign. Any sign which is permanently affixed in or upon the ·ground, supported by one or mote structural members, with air space between the ground and the sign face. (q) Grade. The level of the site at the property line located at the closest distance to the sign. (r) Ground Sign. Any sign which is neither attached to nor part of a structure and which is permanently affixed in or upon the grotmd with no air space between the ground and the sign face. (s) High Rise Sign. Any sign located on a building four or more stories in height that is between the top of the parapet or high point of the building, exclusive of penthouse structures, and the horizontal line not more than fifteen feet below the top of the parapet or high point of the building on the side of the building to which the sign is affixed. (Santa Monica Supp. No. 73, 8·12)
9.52.030 Santa Monica Municipal Code (t) Illegal Sign. Any sign placed without proper approval or permits as required by the Santa Monica Municipal Code at the time of sign placement. Illegal sign shall also mean any sign placed contrary to the terms or time limits of any permit and any nonconforming sign which has not been brought into compliance with the provisions of Sections 9.52.210 and 9.52.220 of this Chapter. (u) Illuminated Sign. Any sign for which an attificial source of light is used in order to make readable the sign's message, including internally and externally lighted signs and reflectorized, glowing Or radiating signs. (v) Light Bulb String. A display consisting of a row or rows of bare light bulbs. (w) Logo, Logogram, or Logotype. An emblem, letter, character, pictograph, trademark, or symbol used to represent the finn, organization, entity, or product. -(x) Marquee. A permanent rootlike shelter extending fi·om part or all of a building face and constructed of some durable material which may or may not project over a public right-of-way. (y) Marquee Sign. Any sign painted on or attached to or suppm1ed by a marquee. (z) Monument Sign. A ground sign having a horizontal dimension greater than its vertical dimension. (aa) Mural. A picture on an exterior sutface of a structure. (bb) Neon Signs. A sign with tubing that is internally illuminated by neon or other electrically charged gas. (cc) Noncommercial Sigh. Any sign which is not a commercial sign as defined herein. ( dd) Noncommercial Speech. Any message which is not commercial speech as defined herein. (ee) Nonconforming Sign. A sign which was validly installed under laws or ordinances in effect at the time of its installation, but Which is in conflict with the provisions ofthe Santa Monica Sign Code. (ff) Off.,.Premises Sign. A commercial sign which displays any message directing attention to a business, product, service, profession, commodity, activity, event, person, institution, or other commercial message which is generally conducted, sold, manufactured, produced, offered or occurs elsewhere than on the premises where such sign is located. (gg) On-Premises Sign. A commercial sign that is other than an off-premises sign. (hh) Permanent Sign. Any sign that is a legally placed sign which is intended to be and is so constructed as to be of a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position and in a permanent manner affixed to the ground, wall, or building. (ii) Pole or Post Sign. A free-standing sign. (jj) Portable Sign. Any movable sign not permanently attached to the ground or a building. (kk) Projecting Sign. A sign which projects from and is supported by a wall or parapet of a building with the display smface · of the sign in a plane perpendicular to or approximately perpendicular to the wall. (II) Public Sign. A sign, on public property open to the public which is erected or maintained by a public agency, or (Santa Monica Supp. No. 73, 8-12) 574 which serves to fulfill a permit condition imposed by a public agency, such as a sign erected to preserve the safe and efficient control of traffic and parking or to provide notification of essential governmental services. (mm) Pylon Sign. A ground sign having a vertical dimension greater than its horizontal dimension. (nn) Revolving or Rotating Sign. An animated sign. (oo) Roof Sign. Any sign ~rected upon a roof, parapet, or roofmounted equipment structure and extending above a roof, parapet, or roofmounted equipment structure of a b_uilding or structure. (pp) Sign. Any name, figure, character, outline, display, announcement, or device, or structure supporting the same, or any other device of similar nature designed to attract attention outdoors, and shall include all pm1s, portions, units, and materials composing the same, together with the frame, background, and supports· or anchoring thereof. (qq) Sign Cans. A sign with a metal can and an internally illuniinated plastic face. A change in the face of a sign can is considered to be a change in copy and not subject to review if it affects only the message of the sign, and does not change the color ofbackground or letters, size or location of letters, or otherwise alter the general appearance of the sign. Painted or panel signs shall be reviewed similarly to sign cans. (rr) Sign Face. An exterior displ~y SU!face of a sign including non-structural trim exclusive of the supporting structure. (ss) Sign Program. A coordinated program of all signs, including exempt and temporary signs for a business, or businesses if applicable, located on a development site. The sign program shall include, but not limited to, indications of the locations, dimensions, colors, letter styles and sign types of all signs to.be installed on a site. (tt) Site. All the contiguous ground area legally assembled into one development location. (uu) Special Event Sign. A sign authorized through a community events permit issued pursuant to Santa Monica Municipal Code Chapter 4.68 (vv) Statue. A three-dimensional representation, including a sculpture. A statue that is related to the advertisement of any product or service or the identification of any business is a sign. (ww) Super Graphic. A painted design which covers all or a major portion of a wall, building or structure. (xx) Temporary Sign. Any sign, not permanently attached to the ground or a structure, which is installed or placed for a limited duration. (yy) Total Sign Area. The sum of the areas of all externally viewable signs on a site, excluding the area of any signs exempt fi·om Architectural Review Board approval under Sections 9.52.125, 9.52.130, and 9.52.135. (zz) Upper Level Sign. Any sign mounted on a building that is placed in whole or in part between thirty inches above the second floor floor line and the top of a parapet or roofline, but does not include a high rise sign. (aaa) Vehicle Sign. Any sign permanently or temporarily attached to or placed on a vehicle or trailer.
Santa Monica Municipal Code 9.52.030 (bbb) Wall Sign. Any sign attached to or painted on the wall of_ a building br structure in a plane parallel or approximately parallel to the plane of said wall. (ccc) Wi":dow Sign. Any sign viewable through and/or affixed in any manner to a window or exterior glass door such that it is viewable from the exterior, including signs located inside a building but visible primarily from the outside ofthe building. (Prior code § 9902; added by Ord. No. 1333CCS, adopted 3/12/85; amended by Ord. No. 2275CCS § 2, adopted 10/14/08; Ord. No. 2359CCS § 1, adopted 5/24/11; Ord. No. 2396CCS § 1, adopted 4/10/12) 9.52.040 Sign permit. In addition to any other permit required by this Code, a sign permit shall be obtained from the Architectural Review Board prior to. placing, changing, altering, or displaying any sign unless specifically exempted by this Code. No sign permit shall be required where the only work to be performed is the repair, maintenance, or replacement of a lawful and conforming sign, the repair or maintenance of a lawful nonconforming sign, or the replacement or repair of a destroyed sign except when such sign is required to be removed in accordance with Section 9.52.210(e)(3). (Prior code§ 9903; added by Ord. No. 1333CCS, adopted 3/12/85) 9.52.041 Landmarks Commission review. In the case of any new sign proposed to be placed, changed, altered or displayed on a designated City landmark or structure located in a designated historic district, ·a sign permit must be obtained from the Landmarks Commission, instead of the Architectural Review Board, tlu·ough the approval of a certificate of appropriateness application. Such s!gnage applications shaH be subject to the same standards specified-in this Chapter. The Landmarks Commission shalt have the same powers· as the Architectural Review Board to approve, deny, modify or approve adjustments to sign applications. All signage decisions by the Landmarks Commission may be appealed to the Planning Commission. The Landmarks Commission Secretary shall have the same powers as the Architectural Review Boat;d Secretary in the administrative approval of sign permits. (Added by Ord. No. 1652CCS § 1, adopted 10/13/92) 9.52.050 Fees. The City Council shall from time to time amend by resolution following a public hearing· a schedule of fees for applications, permits, sign adjustments, appeals, and other approvals under this Chapter. (Prior code § 9904; added by Ord. No. 1333CCS, adopted 3/12/85) 9.52.060 Sign permit application procedures. Applications for sign permits shall be made on forms provided by the Planning Department and shall be accompanied by the following material: (a) Site Plan.· Scale plans indicating the location of existing signs to be retained or removed and proposed new signs. (b) Existing Building Elevation. Scale drawings indicating locations of all existing signs on the site or building that are to be retained and indicating the location of all existing signs on the site or building that arc to be removed. Dated and signed color photographs (not slide transparencies) at least three inches by three inches minimum in size of all existing signs. (c) Proposed Building Elevations. Scale drawings indicating locations of proposed signs and existing signs that are to be retained on the site. (d) Sign Illustration. Scale drawing indicating dimensions, colors, materials, copy, illumination, and exterior structural fixtures of e~ch sign on the site. (e) Sign Program. A sign program Submitted in accordance with the guidelines and standards of the Architectural Review Board shall be required for all new projects and building remodels which directly affect existing signs and for any change in a sign in a multi tenant building. (f) Other Information. Other information required by the guidelines and standards of the Architectural Review Board. Within six months after the effective date of the ordinance codified in this Chapter, the Architectural Review Board shall prepare, and the Planning Conunission shall approve, a standard application form meeting the requirements of this Section. (Prior code § 9905; added by Ord. No. 1333CCS, adopted 3/12/85) 9.52.070 Review of sign permit applications. The Secretary of the Architectural Review Board shall review all sign applications to determine if the application is complete. If the sign application can be administratively, approved pursuant to Section 9.52.110, such administrative approval shaH occur within ten days after the application is deemed complete.· If the sign application cannot be administratively approved, the application shall be reviewed by ·the Architectural Review Board at its next regularly scheduled -meeting unless that meeting would occur less than fourteen days 575 after the application is deemed complete. The sign permit application shall be processed in accordance with the provisions of Section 9.32.130 of this Code. (Prior code§ 9906; added by Ord. No. 1333CCS, adopted 3/12/85; amended by Ord. No. 2002CCS § 2, adopted 3/27/01) 9.52.080 Action on sign permit applications. The Architectural Review Board, or the Planning Commission on appeal, shall approve, approve with modification or conditions, or deny the sign permit application. A Sign application for signs _meeting the size, construction, location, electrification, operation, and other applicable provisions of this Chapter shall be approved without modifications or conditions unless the Architectural Review Board makes one or more of the following findings: (a) That the shape, design, placement, color, style or quantity of text, illumination, or reflected light of a sign or signs contlicts or interferes with traffic, both vehicular and pedestrian, from a public safety standpoint, by distracting attention or obstmcting vision; (Santa Monica Supp. No. 73, 8-12)
9.52.080 Santa Monica Municipal Code (b) That the shape, design, placement, color, style or quantity of text, illumination, or reflected light of a sign or signs is incongruous with or detracts from the distinct architectural or historic design or character of the building to which the sign is affixed or of the neighborhood in which the sign is located; (c) The sign or signs obscures other signs from primary view or dominates its immediate vicinity to such an extent as to Qetract from the visibility of other signs, buildings of architectural or historic significance, or public view corridors. If the Architectural Review Board denies, modifies, or conditionally approves a sign application pursuant to this Section, it shall state with particUlarity the factual bases justifying the findings and shall afford the applicant an opportunity·to submit a revised application to remedy the inadequacies of the original sign application. · The Architectural Review Board shall not deny a sign application because of the contents or message of a sign or direct that the contents or niessage of a sign be altered or modified as a condition of approval. The Secretary of the Architectural Review Board shall certify the final action ofthe Architectural Review Board, or Planning Commission on appeal, on the sign permit application and when required, on any permit to be issued by the Building and Safety Division. Approval of the sign permit application does not imply approval by the Building and Safety Division from which one or more permits may also be required. The Secretmy of the Architectural Review Board shall maintain a record of all applications filed under this Chapter and of all action of the Architectural Review Board or Planning Commission of such applications. (Prior code § 9907; added by Ord. No. l333CCS, adopted 3/12/85; amended by Ord. No. 2002 CCS § 3, adopted 3/27/01) 9.52.090 Appeal. Any decision of the Architectural Review Board under this Chapter may be appealed to the Planning Commission by the applicant or any interested person, or by any member ofthe City Council or Planning Commission. Notice of any appeal from the ruling of the Board must be filed within ten calendar days of the date that such ruling is made, and must be accompanied, except in the case of a review by request of a member of the City Council or the Commi~sion, by the fee established by Section 9.12.010 of Chapter 9.12, Article 9 ofthe Santa Monica Municipal Code. When such an appeal is made from a ruling of the Board, the Commission shall hear the appeal within thirty days .of the receipt of said notice of appeal unless unique and unforeseeable circumstances pre-vent the hearing ofthe appeal at that time. The Commission shall base its decision on the evidence submitted to it at said hearing, and upon thb record from the Board and such other records as may exist in the case. The decision of the Commission upon such appeal, relative to any matter within the jurisdiction of the Board, shall be final. (Prior code § 9908; added by Ori:I. No. 1333CCS, adopted 3112/85; amended by Ord. No. 2002CCS § 4, adopted 3/27/01) (Santa Monica Supp. No.1\ 8-12) 576 9.52.100 Time for exercising sign permit and proof of compliance. A sign permit shall become null and void if the sign for which the approval was granted and all conditions imposed in connection with the approval have not been completed within six months of issuance of the sign permit or, in the case of a sign approved for a building not yet completed, six months after the issuance ofthe certificate of occupanCy. Within thirty days of the completion of the sign, the applicant shall file with the Planning Depmtment a color photograph at least three inches by three inches minimum in size showing completion of the sign or sign program in accordance with the sign permit. (Prior code § 9909; added by Ord. No. 1333CCS, adopted 3/12/85) 9.52.110 Administrative approval of sign permits. The Secretat)' of the Architectural Review Board or his or her designee is empowered to review and approve those signs that conform to the requirements of this Chapter and to written guidelines established by the Architectural Review Board and approved by the Planning Commission. Such guidelines shall include, but not be limited to, provisions for administrative approval in the following situations: (a) Where the sign application complies with a sign program that has been approved by the Architectural Review Board or Planning Commission in conjunction with the design review of the building to which the sign is affixed. (b) Where the sign application is for a change in the face of a sign, and does not involve alteration, additional or altered illumination, or relocation of the physical ~ign. (Prior code§ 9910; added by Ord. No. 1333CCS, adopted 3/12/85) 9.52.120 Sign adjustment. In order to assme adequate business identification, a variance from any nonstructurat provision ofthis Chapter may be· granted upon the filing of an application for sign adjustment and subject to the following findings: (a) The strict application of the provisions ofthis Chapter would result in practical difficulties or unnecessary hardships for the business or property owner which would be inconsistent with the purposes of this Chapter and which would arise from unique physical or topographic circumstances or conditions of project design; (b) The granting of the requested variance would not constitute a grant of special privilege inconsistent with limitations imposed on similarly zoned properties or inconsistent with the purposes of the zoning regulations; (c) The granting of the requested variance would not be incompatibl.e with other nearby signs, other elements of street and site furniture and with adjacent structures. Compatibility shall be detennined by the relationships of the elements of form, proportion, scale, color, materials, surface treatment, overall sign size and the size and style of lettering; (d) The granting of the variance would not be inconsistent with the purposes of this. Chapter. A sign adjustment application shall be processed in accordance with the procedures for a sign permit application.
Santa Monica Municipal Code 9.52.120 For purposes of this Section, the prohibitions contained in Section 9.52.150 shall be deemed to be nonstructural provisions of this Chapter. However, after February 1, 2000, no applications for sign adjustments may be accepted to reqUest retention of any nonconforming signs subject to Section 9.52.21 0. (Prior code § 9911; added by Ord. No. l333CCS, adopted 3/12/85; amended by Ord. No. 1956CCS § I, adopted 9/28/99; Ord. No. 2002CCS § 5, adopted 3/27/01; Ord. No. 2275CCS § 3, adopted 10/14/08) 9.52.125 Exempt signs. The following signs are exempt from the provisions of the Sign Code: (a) All signs which are placed inside a stmcture or building and which are either not visible through windows or building openings or are located a minimum of five feet from such windows or openings and from an adjacent window merchandise display base, if any. (b) Signs authorized by a community events permit issued pursuant to Santa Monica Municipal Code Chapter 4.68. (c) Pole banners and over~the~street banners authorized pursuant to Santa Monica Municipal Code Section 4.08.500. (d) Noncommercial signs provided that they are not ofthe type pmhibited by subsections (a), (b), (c), (d), (i), U) (k), (1), or(m) ofScction 9.52.150 or by Section 9.52.200. (Added by Ord. No. 2275CCS § 4, adopted 10/14/08) 9.52.130 Permanent signs exempt from ARB approval. The following signs are exempt from the permit requirements of this Code. The use of these signs does not ·affect the amount or type ofsignage othe1wise allowed by this Chapter. All signs listed in this Section must be in conformance with all other applicable requirements of this Code: (a) Bullding Identification Signs. Building identification signs not to exceed two square feet in area which are authorized based on the City's compelling health and safety interest in ensuring that safety personnel and members of the public can immediately identify the name and/or location of the property, the hours of operation and emergency .information; (b) Exterior signs erected on or immediately adjacent to an entrance, exit, rest room, office door, telephone or similar property feature provided that the sign does not exceed two square feet in area for each sign (which typically contains information such as «no parking," "entrance,'' "service entrance," "restrooms," "manager," and "exit") so long as the number of exempt exterior signs do not exceed two per parcel for each street frontage. (c) Public signs provided that they arc n~t of the type prohibited by subsections (a), (b), (c),.(h), (i), G), (k), ({),and (m) of Section 9.52.150. (d) Tablets and Plaques. Tablets and plaques of metal or stone, installed by an historical agency, including names of buildings and date of erection, and not exceeding twenty~four inches in any dimension. · (e) Theatre Sign. Theatre sign copy or display changes on existing theatre marquee signs or permanently affixed display cases. (f) Banners, Flags and Pennants. Banners, flags, and pennants that do not directly advertise the business or activity located on the building site, provided that no more than three such banners, flags, or pennants for each site are exempt under this Section: (g) Change of Copy of Billboards. The change of copy of any off-premises sign. (Pri01· code § 9912; added by Ord. No. 1333CCS, adopted 3/12/85; amended by Ord. No. 2002CCS § 6, adopted 3/27/01; Ord. No. 2275 § 4, adopted 10/14/08) 9.52.135 Temporary sign regulations. The following -signs are exempt from the permit requirements of this Code. The use of these signs does not affect the amount or type ofsignage otherwise allowed by this Chapter. All signs listed in this Section must be in conformance with all other applicable requirements of this Chapter and the City's Municipal Code: (a) Basic Requirements Governing Temporary Signs. (1) Illumination. No temporary Sign shall be intemally or externally illuminated. (2) Location. (A) Except as provided by this SectiOn, no temporary sign shall extend into, on or over the public right~of-way of any street, alley, or other public property. (B) No tempormy sign shall extend into the hazardous visual obstruction zone as established by Santa Monica Municipal Code Section 9.04.1 0.02.090. (3) Maintenance. Temporaty signs shall be kept neat, clean and in good repair. Signs which are faded, torn, damaged or otherwise unsightly or in a state of disrepair shall be immediatelyTepaired or removed. (4) Placement. No tempora1y sign shall be attached to trees, shrubbery, utility poles, or traffic control signs or -devices. They shall not obstruct or obscure primary signs on adjacent premises. 577 (5) No temporary sign shall be erected or maintained which, by reason of its size, location or construction, constitutes a hazard to the public or impairs accessibility. (6) Collection and Retrieval of Temporary Signs Pla.ced in the Public Right'of-Way. (A) The City may collect tempormy signs placed in the public right~of-way which are not authorized by this Chapter. (B) Each sign collected will be stored for a minimum of thirty days. (C) Notice will be mailed or otherwise provided within three business days of the date of collection to the owner of each sign if the ownership is reasonably discernible from the sign or is on file with the City's Community Maintenance Department. (D) The owner of a sign may retrieve a sign collected by the City within thirty days of the collection date. The owner must Present proof of ownership of the sign and pay a sign retrieval fee in an amount established by resolution of the City Council. (Santa Monica Supp .. No. 73, 8-12)
Santa Monica Municipal Code . 9.52.120 For purposes of this Section, the prohibitions contained in Section 9.52.150 shall be deemed to be nonstructural provisions of this Chapter. However, after February 1, 2000, no applications for sign adjustments may be accepted to request retention of any nonconforming signs subject to Section 9.52.21 0. (Prior code § 9911; added by Ord. No. 1333CCS, adopted 3/12/85; amended by Ord. No. 1956CCS § 1, adopted 9/28/99; Ord. No. 2002CCS § 5, adopted 3/27/01; Ord. No. 2275CCS § 3, adopted 1 0/14/08) · 9.52.125 Exempt signs. The following signs are exempt from the provisions of the Sign Code: (a) All signs which are placed inside a structure or building and which are either not visible through windows or building openings or are located a minimum offive·feet from such windows or openings and from an adjacent window merchandise display base, if any. (b) Signs authorized by a community events permit issued pursuant to Santa Monica Municipal Code Chapter 4.68. (c) Pole banners and over~the-street harmers authorized pursuant to Santa Monica Municipal Code Section 4.08.500. (d) Noncommercial signs provided that they are not of the type prohibited by subsection (a), (b), (c), (d), (i), G) (k), ([), or (m) of Section 9.52.150 or by Section 9.52.200. (Added by Ord. No. 2275CCS § 4, adopted 10/14/08) 9.52.130 Permanent signs eXempt from ARB approval. The following signs are exempt from the permit requirements of this Code. The use of these signs does not affect the amount or type of signage otherwise allowed by this Chapter. All signs listed in this Section must be in conformance with all other applicable requirements of this Code: (a) Building Identification Signs. Building identification signs not to exceed two square .feet in area which are authorized based on the City's compelling health and safety interest in ensuring that safety personnel and members of the public can immediately identify the riame and/or location of the property, the hours of operation and emergency information; (b) Exterior signs erected on or immediately adjacent to an entrance, exit, rest room, office door, telephone or similar property feature provided that the sign does not exceed two sqtJare feet in ar.ea for each sign (which typically contains information such as "no parking," "entrance/' "service entrance," "restrooms," "manager," and "exit") so long as the number of exempt exte~ior signs do not exceed two per parcel for each street frontage. (c) Public signs provided that they are not of the type prohibited by subsections (a), (b), (c), (h), (i), G), (k), ([),and (m) of Section 9.52.150. (d) Tablets and Plaques. Tablets and plaques of metal or sto.ne, installed by an historical agency, including names of buildings and date of erection, and not exceeding twenty-four inches in any dimension. 577 (e) Theatre Sign. Theatre sign copy or display changes on existing theatre marquee signs or permanently affixed display cases. (f) Banners, Flags and Pennants. Banners, flags, and pennants that do not directly advertise the business or activity located on the building site, provided that no more than three such banners, flags, or pennants for each site are exempt under this Section. (g) Change of Copy of Billboards. The change of copy of any off-premises sign. (Prior code § 9912; added by Ord. No. 1333CCS, adopted 3/12/85; amended by Ord. No. 2002CCS § 6, adopted 3/27/01; Ord. No. 2275 § 4, adopted 10/14/08) . 9.52.135 Temporary sign regulations .. The· following signs are exempt from the permit requirements of this Code. The use of these signs does not affect the amount or type of signage otherwise allowed by this Chapter. All signs listed in this Section must be in conformance with all other applicable requirements of this Chapter and the City's Municipal Code: · (a) Basic Requirements Governing Temporary Signs. ( 1) Illumination. No temporary sign shall be internally or externally illuminated. (2) Location. (A) Except as provided by this Section, no temporary sign shall extend into, on ·or over the public right-of-way of any street, alley, or other public property. · (B) No temporary sign shall extend into the hazardous visual obstruction zone as established by Santa Monica Municipal Code Section 9.04.10.02.090. (3) Maintenance. Temporary signs shall be kept neat, clean. and in good repair. Signs which are faded, tom, damaged or otherwise unsightly or ·in a state of disrepair shall be immediately repaired or removed. ( 4) · Placement. No temporary sign shall be attached to treeS, shrubbery, utility poles, or traffic control signs or _ devices. They shall not obstruct or obscure primary signs on adjacent premises. (5) No temporary sign shall be erected or maintained which, by reason of its size, location or construction, constitutes a hazard to the. public or impairs accessibility. (6) Collection and Retrieval of Temporary Signs Placed in the Public Right-of-Way. . (A) The City may collect temporary signs placed in the public right-of-way which are not authorized by this Chapter. (B) Each sign collected will be stored for a minimum of thirty days. (C) Notice will be mailed or otherwise provided within three business days of the date of collection to the owner of each sign if the ownership is reasonably discernible from the sign or is on file with the City. (D) The owner of a sign may retrieve a sign collected by the City within thirty days of the collection date. The owner must present proof of ownership of the sign and pay a sign retrieval fee in an amount established by resolution of the City Council. (Santa Monica Supp. No. 76, 5·13)
9.52.135 Santa Monica Municipal Code (b) Authorized Temporary Sig~age in Any .Residential Zohe. In any residential zone, temporaty signage shall be allowed for each and every lot without issuance of a pennit and shall not affect the amount of type of signage otherwise allowed by this Code. This signage shall not be restricted by content, but usually and customarily relates to an event such as a real estate sale, garage sale, home construction or remodeling, etc. Signage shall be allowed for each lot as follows: (1) One temporary on-premises Sign on property that is for sale, lease or rental not exceeding six s<}uare feet in total area and not more than six feet in height; plus no more than three twelve-inch by four-inch riders, plus no more than one six-inch by eighteen-inch pennant for each twenty linear feet for street frontage, provided the sign is removed within fifteen days from the sale, lease or rental of the property. An additional sign of the same size may be erected if the property borders a second street and ·the signs are not visible simultaneously. On tracts of land of more thap two acres in· residential zones the sign area may be increased to thirty-two square feet. In no case shall the sign or signs be erected for more than twelve months. (2) One temporary on-premises sign on property that is undergoing construction or remodeling not exceeding twenty-four square feet each in area and not more than six feet in height above grade and limited to one sign for each street frontage provided the sign is removed within seven days of completion of any construction or remodeling. (3) One temporary on-premises sign not exceeding four square feet in area which is erected a maximum of two times per calendar year for a maximum of two days each display and which is removed by sunset on any day it is er.ected. (4) Four temporary signs not exceeding six feet in height placed on private property within five hundred feet of a property for sale or lease during the hours that the property is open to the public for viewing. (5) Public signs provided that they are not of the type prohibited by subsection (a), (b), (c), (i), (j), (k), or (1) of Section 9.52.150. (c) Authorized Temporary Signage in Any Commercial Zone. In any commercial or industrial zone, temporary signage shall be allowed for each and every lot ·without issuance of a pennit and shall not affect the amount or type of signage otherwise: allowed by this Code. This signage shall not be restricted by content, but is usually. and customarily related to an event such as a real estate sale, construction or remodeling, etc. The signage shall be allowed for each lot as follows: (1) One temporary on-premises sign which is located on the building that is for sale, ·tease, or rental, not exceeding twenty-four square feet each, are not higher than thirty inches above the second floor line, and which are limited to one sign for each building, and must be attached to the building, provided said signs are removed within fifteen days from the sale, lease orrental of the property. Properties with a lot width · of fifty feet or less shall be limited to sixteen square feet per site. An additional sign of the same size may be erected if the (Santa Monica Supp. No. 76, 5~13) 578 property borders a second street and the signs are not visible simultaneously. (2) One temporary on-premises sign on propertY that is ongoing construction or remodeling not exceeding twenty-four square feet each in area and not more than six feet in height above grade and limited to one sign for each street frontage provided the sign is removed within seven days of completion of any construction or remodeling. (3) One temporary on-premises banner on a business that is newly opened not exceeding twenty percent of a business' front building fa~ade area or one hundred square feet, which ever is less, not extending above the second floor floor line, and limited to one sixty-day period. (4) One temporary on-premises banner on a business where, due to construction activities, the front fas:ade to the building is blocked from the street by barricades or related cons~ctioll materials or ·equipment, not exceeding twenty percent of a business' front buildi.ng fas:ade area or one hundred square feet, which ever is less, not extending above the second floor floor line, and limited to the time that the front fa9ade is blocked from the street. (5) Temporary signs not exceeding sixteen square feet in area erected at the same time as the temporary uses allowed by Santa Monica Municipal Code Part 9.04.20.06, or an_y successor legislation thereto. The signage shall be allowed for the same duration as the temporary use. ( 6) Temporary window signs not to exceed twenty percent of the first floor's total frontage glass area and limited to two thirty-day periods in any calendar year for each site. Temporary window signs shall not extend aboye the second floor line. (7) Public signs provided that they are not of the type prohibited by subsection (a), (b), (c), (i), U), (k), or (1) of Section 9.52.150. (d) Within the Main Street Commercial Zoning District, each business shall_be allowed one temporary on-premises sign, -if the temporary sign complies with the following requirements: (1) The sign shall not be larger than ten square feet in size. (2) The sign face shall be no wider than two and one-half feet and no taller than four feet and limited on two sides/faces with a total square. footage of sign area not tO exceed twenty square feet. (3) The sign shall remain pmtable and shall not be attached or anchored to any public or private property. (4) The sign is not of the type prohibited by subsection (a), (b), (c), (d), (e), (f), (g}, (i), (j), (k), or (1) of Section 9.52.150 or by Section 9.52.200. (5) The sign shall be removed when the business is closed. (e) Temporary signs are prohibite<;l signs except as provided by this Section or otherwise exempt. pursuant to Section 9.52.125. (Added by Ord. No. 2275CCS § 6, adopted 10114/08; amended by Ord. No. 2359CCS § 2, adopted 5/24/ll; Ord. No. 2396CCS § 2, adopted 4/10/12; Ord. No. 2419CCS § 1, adopted 3/12/13)
Santa Monica Municipal Code 9.52.140 9.52.140 Permitted signs. When reviewed and approved by the Architectural Review Board, signs shall be perinitted under the following .provisions: (a) Attraction or Reader Boards. Attraction or reader boards so long as they do not exceed twenty percent of total allowable sign area or are otherwise authorized pmsuant to Section 9 .. 52.160(g). Copy must be changed periodically dlll'ing each calendar year. (b) Awning Signs. Awning signs painted or pdnted on the surface of the awning material. (c) Ground Signs. One ground sign for each site in the conunercial and industrial districts. A monument type sign is pennitted so long as it does not exceed six feet in height above grade. A pylon type sign is permitted as long as it does not exceed thirty inches in width and does not exceed sixteen feet in height above grade. The maximum area of one side of a gronnd sign, including its base, is forty square feet. (d) Light bulb strings. (e) Marquee Signs. Marquee signs that do not extend more than twelve inches from the surface of the marquee, nor provide less than eight feet of clearance above ground level are pennitted. · (f) Statues. (g) Wall Signs. Wall signs so long as the display surface of the sign does not extend more than twelve inches from the wall, is parallel with the wall, does not project above the top of the wall or parapet or more than thirty_ inches above the second floor floor line in multistoried buildings, and does not contain copy or lighting on any surface parallel with the wall other than the sign face. A wall sign may be located on the sloping surface of a roof, with no air space between the roof and the sign, may not project above the high point of the roof and may not be more than. twelve inches in depth. (h) Permanent Window Signs. Permanent window signs so long as the sign area does not exceed twenty percent of the ftrst floor's total frontage glass area. (i) Projecting Signs. Projecting signs so long as the sign is no greater than four and one half square feet. (Prior code § 9913; added by Ord. No. !333CCS, adopted 3/12/85; amended by Ord, No. 2002CCS § 7, adopted 3/27/01; Ord. No. 2275CCS § 7, adopted 10/14/08; Ord. No. 2359CCS § 3, adopted 5/24/11) 9.52.150 Prohibited signs. The following signs, and any sign not authorized by Section 9.52.130 or Section 9.52.140, are prohibited: (a) Anhnated signs. (b) Balloon signs. (c) Emitting Signs. Emitting signs except that devices for communicating with customerS at drive-in restaurants, automated bank tellers, and <hive-through banks may use sound communication. (d)· Free-standing and pole signs. (e) Miscellaneous Signs and· Posters. Miscellaneous signs and posters tacked, painted, posted or otherwise affixed on the walls· of a building, or on a tree, pole, fence or other structure, and visible from a public way. (f) Off-premises signs. (g) Paper, Cloth or. Plastic Streamers and Bunting. Paper, cloth, or plastic streamers and bunting. (h) Pmtable signs, except temporary signs ·authorized pursuant to Section 9.52.135. (i) Roof signs. G) Upper level signs. (k) Vehicle Signs. No person shall park any vehicle or trailer on a public right-of-way or public property or on a privatepropetty so as to be visible from a public right-of-way, Which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of products or directing peOple to a businesS or activity located on the same or nearby property. This Section is not intended to apply to standard advettising or identification practices where such. signs or advertising devices are painted on or permanently attached io a business or commerCial vehicle. (I) High-rise signs. (Prior code§ 9914; amended by Ord. No. 1333CCS, adopted 3/12/85; Ord. No. 2275CCS § 8, adopted 10/14/08; Ord. No. 2359CCS § 4, adopted 5/24/11) 9.52.160 Total sign area permitted by district. (a) The total sign area factors set forth in this Section govern the aggregate square footage of all nonexempt signs exte:mally placed or externally visible at a given site. The factors are related to the building or store fi·ontage measured along the ·site street address. (b)· The total operative frontage dimension for structtires located on a street comer site-is one and one-half times the building's address frontage. For such comer locations, no more than two-thirds of the total allowable sign area shall be permitted facing on one or the other street. (c) For all multiple-use buildings in commercially or industrially zoned districts, the size of signs pertaining to each business or use is governed by that portion of the building "frontage occupied by that· business or use; the total sign program is governed by the total building frontage. If in addition to any entrance from public streets there is a public entrance from an alley or from a parking lot, additional sign area of one-half square foot per foot of that bull ding frontage is allowed on that side of the premises, not to exceed twenty square feet. If there is no public entrance, signage on that side is limited to a business identification sign, not to exceed two square feet. 578-1 (d) Notwithstanding the maximum sign area calculated by use of these factors, no single sign shall exceed one hundred square feet in area at anY location.· (e) Notwithstanding the maximum sign area calculated by use of these factors, no business in a commercial or industrial district is required to have signage of less than twenty-five square feet in area. · (f) The maximuin sign area is as follows: (1) Rl/OP1-0ne Family Residential District. Applicable exempt signs; (2) R2R/OPD-DuplexResidentialDistrict.Applicable exempt signs; (Santa Monica Supp. No. 69, 8-11)
9.52.160 Santa Monica Municipal Code (3) All Multiple Residential Districts Except the RVC District. A maximum of one~ fourth square foot of sign area for each linear foot o{ building frontage with the total . nonexempt sign area not to exceed twenty-five square feet. Extemally illuminated signs are permitted for the purpose of "building name and address identification; (4) Hotels in R-4 ·Multiple Residential District. A maximum of one square foot of sign area for each linear foot of building frontage. Internally illuminated signs are permitted; · (5) All BSC, C3, C3C Commercial Districts, and the RVC Distl'ict. For other thail street comer locations, a maximum ~f one square foot of sign area for each lineai foot of building or store frontage. For street comer locations, a maximum of one square foot of sign area for each linear foot of building or store frontage for each street facing·frontage. The provisions of Section 9.52.160(b) shall not apply; (6) All Other Commercial and Industrial Districts. A maximum of one square foot of sign area for each linear foot of building or store frontage; (7) A-Off-Street Parl<ing Districts. The same as the sign requirements in the appropriate adjacent residential district. (g) In the CM, BSC, and C2 Districts, one changeable copy sign that does not exceed one and one-half feet by two feet affixed either to the exterior of the building or to a location visible through a window shall not be included as pmt of the total allowable sign area for a business. (Prior code § 9915.; amended by Ord. No. 1333CCS, adopted 3/12/85; Ord. No. 2002CCS § 8, adopted 3/27/01; Ord. No. 2359CCS § 5, adopted 5/24/11) 9.52.170 Bayside District Specific Plan area. The standards for signs contained in the approved Bayside District Specific Plan shall prevail over conflicting provisions contained in Sections 9.52.130, 9.52.140, 9.52.150, and 9.52.160 with respect to signs on buildings located within the Bayside District Specific Plan area. (Prior code § 9916; amended by Ord. No. 1333CCS, adopted 3112/85; Ord. No. 1841 CCS § 4, adopted 2/13/96) 9.52.180 Maintenance. All signs and sign support structures, together with all of their supports, braces, guys and anchors, shall be kept in repair ·and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. (Prior code § 9917; amended by Ord. No. 1333CCS, adopted 3/)2/85) 9.52.190 Consent of property owner. No person, except a public officer or employee in the performance of a public duty, or a private person in the giving . of a legal notice, shall paste, post, paint, print) nail or tack or otherwise fasten any card, banner, handbill, sign, poster, advertisement or notice of any kind upon any property, without the written consent of the owner, holder, lessee, agent or trustee thereof. (Prior code § 9918; amended by Ord. No. 1333CCS, adopted 3/12/85) · (Santa Monica Supp. No. 69, 8-11) 578-2 9.52.200 Signs on street. (a) No person shall erect, suspend or maintain a sign on, across, or above any street, alley ·or public property, or any portion thereof, except as may be allowed or required by the Municipal Code, or the laws of the State or of the United States. (b) Nothing in the Santa Monica Sign Code shall be deemed ·or construed to prohibit, upon this issuance of the pe1mits requh·ed herein, the erection, suspension, or maintenance of any such sign within or at fue recognized boundary of the City, on, across, or above any such streets, alleys, or public places or any portion thereof, such signs to bear exclusively the name of such City and any appropriate words of welcome, or information concerning said City, without the addition of any words, advertising, figure or devices of any kind. (Prior code § 9919; amended by Ord. No. 1333CCS, adopted 3/12/85; Ord. No. 2002CCS § 9, adopted 3/27/01; Ord. No. 2275CCS § 9, adopted 10/14/08) 9.52.210 Removal or modifications of prohibited nonconforming signs. SignS that have been lawfully placed before the effective date of this Chapter and are not in conformance with the provisions of this Chapter shall be removed or where applicable, modified to conform to the requirements of this Chapter, in accordance with the following schedule: (a) Animated signs and emitting signs shall be stopped from such act~vity within six months from the effective date of this Chapter. (b) Balloon signs; temporary signs and posters that are visible from· a public way; paper, cloth or plastic streamers, flags, pennants and bunting; portable signs; vehicle signs that are not in conformance with Section 9.52.150(m) of this Chapter; and temporary window signs above the first story level shall be removed withln six months from the effective date of this Chapter. (c) Trafftc sign replicas shall be removed or modified to comply with the provisions of this Chapter within six months from the effective date of this Chapter. (d) Freestanding, roof, upper level, projecting and off-premises signs, including those signs which were previously animated or emitting.s_igns shall be removed or modified to conform to the requirements of this Chapter within flfteen years from the effective. date of this Chapter uniess the sign was designated a meritorious sign by the Santa Monica City Council on March 22, 2000. Notwithstanding the preceding sentence, if the character defming features of a meritorious sign are altered, the sign shall be removed or where applicable, modified to conform to the requirements of this Chapter. (e) Notwithstanding any other provision of this Section, any nonconforming sign that would otherwise be prohibited by this Chapter shall be removed or modified to conform to the requirements of this Chapter upon any of the following: (1) If the owner, outside of a change in copy, requests permission to remodel a sign) including the rephicement of electrical parts and tubing of a neon sign involving a change in the external appearance or intensity of illumination of the sign, or expands or enlarges the building or land use upon
Santa Monica Municipal Code which the sign is located, and the sign is affected by the constluction, enlargement, or remodeling, or the cost of construction, enlargement, or remodeling of the sign exceeds flfty percent of the cost of reconstruction of the building. For purposes of this subsectiOn, remodel does not include normal repair or maintenance of a sign; (2) If the owner seeks relocation of the sign; (3) If the sign has been more than fifty percent destroyed, and the destruction is other than facial copy replacement, and the display is not repaired within ninety days of the date of its destruction; (4) If the City and the owner of the sign agree to its removal on a given date; (5) lftheuse of the sign has ceased, or the structure upon which the sign is located has been abandoned by its owner, for a period of not less than ninety days; ( 6) If the sign is or may become a danger to the public or is unsafe as determined by the Building Officer; 578-3 9.52.210 (Santalvlonica Supp. No. 69, Swll)
Santa Monica Municipal Code 9.52.210 (7) If the sign constitutes a traffic hazard not created by relocation of streets or highways or by acts of the City, as detennined by the Director of General Services. (f) The time period to conform to the requirements of this Chapter shall not be extended because of any repair, maintenance or other permitted remodeling or alteration of a sign. (g) An extension of time to remove or modify any nonconforming sign subject to this Section may be requested by filing an application on the form approved by the Secretary of the Architectural Review Board and in accordance with the procedures for a sign permit application. The application may be granted only upon a finding that the time for removal or modification set forth in this Section does not provide for a reasonable amortizatfon period commensurate with the investment involved. An application for an exte.nsion under this subsection shall be made. within two years after the effective date ofthis Chapter. (h) Notwithstanding any other provision of the: associated enterprise or occupant has this Section, this Section shall not apply to any sign that may not be removed pursuant to the provisions of Business and Professions Code Section 5412.5 but only during the period of time that Business and Professions Code Section 5412.5 remains in force and effect. (Prior code § 9920; added by Ord. No. !333CCS, adopted 3/!2/85; amended by Ord. No. 1956CCS § 2, adopted 9/28/99; Ord. No. 2002CCS § 10, adopted 3/27/01) 9.52.220 Building Officer's powers. The Building Officer shall have and is hereby granted the power and authority to revoke any sign permit granted hereunder if the sign does not meet all specifications or requirements iridicated on the approved permit application and on the approved plans. (Prior code § 9921; added by Ord. No. l333CCS, adopted 3/12/85) 9.52.230 Enforcement. (a) The Building Officer and Zoning Inspector are hereby granted the power and authority to issue a notice of violation to the sign owner or to the sig.n owner's agent or manager for any sign maintained in violation of any provision of this Chapter. Action to correct such violation issued by either the Building Officer or Zoning Inspector shall be commenced by the sign owner or the sign.owner's agent or manager within thirty days of the issuance of the notice of violation. Proof of the commencement of action to correct the violation must be furnished to the officer issuing the notice or his or her representative within thirty days of the issuance of the notice of violation. (b) If the sign owner, or any person responsible for the sign, fails to respond to the notice of violation within thirty days or fails to correct the violation within sixty days, thi:: owner of the premises upon which the sign is located shall be responsible for the removal of the sign and the work shall be done" within sixty days following the notice of violation. The Building Officer may cause the removal of the sign in accordance with the abatement procedures set forth in the Municipal Code. 579 (c) Any signs in confonnance with this Code pertaining to enterprises or occupants that are no longer utilizing the site shall be removed from the site or shall have the copy/text obliterated from such signs upon the expiration of ninety days after the associated enterprise or occupant has vacated the premises. Any such sign not removed or modified within the required period shall be considered as abandoned and shall be removed by the Building Officer in a·ccordance with the abatement procedures set forth in the Municipal Code. (d) Any nonconforming signs pertaining to enterprises or occupants that are no longer utilizing the site shall be removed from the site upon the expiration of ninety days after the associated enterprise or occupant has vacated the premises. Any such sign not removed within the required period shall be considered as abandoned and shall be removed by the Building Officer in accordance with the abatement procedures set forth in the Municipal'Code. (e) A sign removed by the City shall be held for not less than thirty days by the City during which time it may be recovered by the owner upon payment to the City for removal and storage costs. If not recovered prior to the expiration of the thirty-day period, then the sign shall be sold in accordance with the procedures for sale of unclaimed property. The proceeds of the sale, less removal, storage, and sale costs, shall be paid to the owner thereof. (f) The provisions of this Section may be utilized separately from, as an alternative to, in addition to, or in conjunction with any other remedy provided by law. (Prior code§ 9922; added by Ord. No. !333CCS, adopted 3/12/85; amended by Ord. No. 1956CCS § 3, adopted 9/28/99) Chapter 9.56 AFFORDABLE HOUSING PRODUCTION PROGRAM Sections: 9.56.010 9.56.020 9.56.030 9.56.040 9.56.050 9.56.060 9.56.070 9.56.080 9.56.090 9.56.100 9.56.110 9.56.120 9.56.130 9.56.140 9.56.150 9.56.160 9.56.170 . Findings and purpose. Definitions. Applicability of Chapter. Affordable housing obligation. On-site option. Off-site option. Affordable housing fee. Land acquisition. Fee waivers. Pricing requirements for affordable housing units. Eligibility requirements. Relation to units required by Rent Control Board. Deed restrictions. Enforcement. Annual report. Principles and guidelin~s. Adjustments or waivers. (Santa Monica Supp. No. 61, 8-09)
9.56.010 Santa Monica Municipal Code 9.56.010 Findings and purpose. The City's affordable housing production program requires developers of market rate multi-family developments to contribute to affordable housing production and thereby help the City meet its affordable housing need. As detailed in the findings supporting the ordinance codified in this Chapter, the requirements ofthis Chapter are based on a number of factors including, but not limited to, the City's long-standing commitment to economic diversity; the serious need for affordable housing as reflected in local, state, and federal housing regulations and policies; the demand for affordable housing created by market rate development; the depletion of potential affordable housing sites by market-rate development; and the impact that the lack of affordable housing production has on the health, safety, and welfare of the City's residents including its impacts on traffic, transit and related air quality impacts, and the demands placed on the regional transportation infrastructure. (Added by Ord. No. 1918CCS § 1 (part), adopted 7/21/98; amended by Ord. No. 2174CCS § I, adopted 11/08/05) 9.56.020 Definitions. The following words or phrases as used in this Chapter shall have the following meanings: Affordable Housing Fee. A fee paid to the City by a multi-family project applicant pursuant to Section 9.56.070 of this Chapter to assist the City in the production of housing affordable to very low-, low-, and moderate-income households. Affordable Housing Unit. A housing unit developed by a multi-family project applicant pursuant to Section 9.56.050 or 9.56.060 ofthis Chapter which will be affordable to very low-, low-, or moderate-income households. Affordable Housing Unit Development Cost. The City's average cost to develop a unit of housing affordable to low-and moderate income households. Dwelling Unit. One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with full cooking, sleeping and bathroom facilities for the exclusive use of a single household. Dwelling unit shall also include single-room occupancy units as defi~ed in Santa Monica Municipal Code Section 9.04.02.030.790. Floor Area. Floor an~a as defined in Santa Monica Municipal Code Section 9.04.02.030.315. HUD. The United States Department of Housing and Urban Development or its successor. Income Eligibility. The gross annual household income considering household size and number of dependents, income of all wage earner~, elderly or disabled family members, and aiJ other sources of household income. Industrial/Commercial District. Any district designated in the Santa Monica Zoning Ordinance as a commercial or industrial district. "Low," "Very Low," and "Moderate" Income Levels. Income levels determined periodically by the City based on the United States Department of Housing and Urban Development (HUD) estimate of income for a four-person household in the Los Angeles-Long Beach Primary (Santa Monica Supp. No. 61, 8-09) Metropolitan Statistical Area. The major income categories are: "low-income'' (sixty percent or Jess of the area median), "very low-income" (fifty percent or less of the area median), and "moderate-income" (one hundred percent or less of the area median). Adjustment shall be made by household size as established by the City. Market Rate Unit. A dwelling unit as to which the rental rate or sales price is not restricted by this Chapter. Maximum Affordable Rent. A monthly housing charge which does not exceed one-twelfth of thirty percent of the maximum very low-, low-, and moderate-income levels as defined in this Chapter and adopted each year by the City. This charge shall represent full consideration for housing services and amenities as prOvided to market rate dwelling units-in the project, whether or not occupants of market rate dwelling units pay· separate charges for such services and amenities. Housing services and common area amenities include, but are not limited to, the following: parking, use of common facilities including po.ols or health spas, and utilities if the project is master-metered. Notwithstanding the foregoing, utility charges, to the extent individually metered for each unit in the project, may be passed through or billed directly to the occupants of affordable housing units in the project in addition to maximum allowable rents collected for those affordable housing units. Multi-family Project. A multi-family residential development, including but not limited to apartments, condominiums, townhouses or the multi-family residential component of a mixed use project, for which City permits and approvals are sought. Multi-family Project Applicant. Any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities which seeks City development permits or approvals to develop a multi-family project. Multi-family Residential District. Any district designated in th~ Santa Monica Zoning Ordinance as a multi-family residential district. Parcel. Parcel as defined in Santa Monica Municipal Code Section 9.04.02.030.570. . Vacant Parcel. A parcel in a multi-family residential · district that has no residential structure located on it as of August 20, 1998 or which had a residential structure located on it on that date which was subsequently demolished pursuant to a demolition order of the City. No demolition of structures shall be permitted except in accordance with Santa Monica Municipal Code Section 9.04.1 0.16 et seq. (Added by Ord. No. 1918CCS § 1 (part), adopted 7/21/98; amended by Ord. No. 1926CCS § 1, adopted I 0113/98; Ord. No. 2174CCS § 2, adopted 11/08/05; Ord. No. 2191CCS § I, adopted 6/13/06) 580 9.56.030 Applicability of chapter. (a) The obligations established by this Chapter shall apply to each multi-family project for which a developrrient application was determined complete on or after May 25, 2006 involving the construction of two or more market rate units. No building permit shall be issued for any multi-family
Santa Monica Municipal Code 9.56.030 project unless such construction has been approved in accordance with the standards and procedures provided for by this Chapter. Notwithstanding the above, a multi-family rental housing project that will be developed by a nonprofit housing provider receiving financial assistance through one of the City's housing trust fund programs shall not be subject to the requirements of this Chapter so long as the project is an affordable housing project meeting the requirements of Santa Monica Municipal Code Section 9.04.02.030.065 and the project's affordability obligations will be secured by a regulatory agreement, memorandum of agreement, or recorded covenant with the City for a minimum period of fifty-five years. (b) Multi-family projects for which a development application was determined complete prior to May 25, 2006 shall be subject to the provisions of Santa Monica Municipal Code Section 9.56.010 et seq;, as they existed on the date the application for the project was determined complete. (c) A designated landmark building or contributing structure to an adopted Historic District that is retained and preserved on-site as part of a multi-family project shall not be considered qr included in assessing any of the requirements under this Chapter. (Added by Ord. No. 1918CCS § I, adopted 7/21/98; amended by Ord. No. 2191CCS § 2, adopted 6/13/06; Ord. No. 2206CCS § 5, adopted I 0/3/06; Ord. No. 2285CCS § I, adopted 3/24/09) 9.56.040 Affordable housing obligation. All multi-family project applicants shall comply with the requirements of this Chapter in the following manner: (a) Multi-family project applicants· for multi-family ownership projects of four or more units in multi-family residentiai districts shall choose one of the two following options: (1) Providing affordable housing units on-site in accordance with Section 9.56.050; (2) Providing affordable housing units off-site in accordance with Section 9.56.060. (b) In addition to the options established in subsectiolls (a)(l) and (2), all other multi-family project applicants may also choose one of the following oPtions: (1) Paying an affordable housing fee in accordance with Section 9.56.070; (2) Acquiring land for affordable housing in accordance with Section 9.56.080. A multi-family project application will not be determined complete until the applicant has submitted a written proposal which demon\'trates the manner in which the requirements of this Chapter will be met. (Added by Ord. No. 1918CCS §I, adopted 7/21/98; amended by Ord No. 2191CCS § 3, adopted 6/13/06) 9.56.050 On-site option. The following requirements must be met to satisfY the on-site provisions of this Chapter: (a) For ownership projects of at least fuur units but not more than fifteen units in multi-family residential districts, the multi-family project applicant agrees to construct at least: (l) tv..renty percent of the total units as ownership units for moderate-income households, or as an altemative; (2) twenty percent of the total units as rental units for low-income households if these rental units are provided by the applicant in accordance with Civil Code Sections 1954.52(b) and 1954.53(a)(2). (b) For ownership projects of sixteen units or more in multi-family residential districts, the multi-family project applicant agrees to construct at least: (1) twenty--five percent of the total units as ownership units for moderate-income households, or as an alternative; (2) twenty-five percent of the total units as rental units for low-income households if these rental units are provided by the applicant in accordance witl:l Civil Code Sections 1954.52(b) and 1954.53(a)(2). · (c) For all other multi-family applicants, the multi-family project applicant agrees to construct at least: (l) ten percent of the total units ofthe project for very-low income households; or (2) twenty percent of the total units of the project for low income households; or (3) one hundred percent of the total units of a project for moderate income households in an Industrial/Commercial Distric~. (d) Any fractional affordable housing unit that results from the foi:"mulas of this Section that is 0.75 or more shall be treated as a whole affordable housing unit (i.e., any resulting fraction shall be rounded up to the next larger integer) and that unit shall also be built pursuant to the provisions of this Section. Any fractional affordable housing unit that is less than 0. 75 can be satisfied by the payment of an affordable housing fee for that fractional unit only purSuant to Section 9.56.070(a)(4) or by constructing all the mandatory on-site affordable units with three or more bedrooms. The Planning and Community Development Department shall make available a list of very low, low, and moderate income levels adjusted for household size, the corresponding maximum affordable rents adjusted by number of bedrooms, and the minimUm number of very low or low income units required for typical sizes of multi-family projects, which list shall be updated periodically. (e) The multi-famiiy project applicant may reduce either the size or interior amenities of the affordable housing units as long as there are not significant identifiable differences between affordable housing units and market rate units visible from the ·exterior of the dwelling units; provided, that all dwelling units conform to the requirements of the applicable Building and Housing Codes. However, each affordable , housing unit provided shall have at least two bedrooms unless: (1) the proposed project comprises at least ninety-five percent one bedroom units, excluding the manager's unit, in which case the affordable housing units may be one bedroom; (2) the proposed project comprises at least ninety-fiVe percent zero bedroom units, excluding the manager's unit, in which case the affordable housing units may be zero bedroom units; (3) the proposed project comprises zero and one bedroom units, excluding the managei·'s unit, in which case the affordable housing units must be at least one bedroom units; or ( 4) the multi-family project applicant has elected not to pay the affordable housing fee pursuant to Section 9.56.070(a)(4), in which case the affordable housing units must be at least three 580-1 (Santa Monica Supp. No. 75, 2-13)
9.56.056 Santa Monica Municipal Code bedroom units. The desigil of the affordable housing units shall be reasonably consistent with the market rate units in the project. An affordable housing unit shall have a minimum total floor area, depending upon the number of bedrooms provided, no less than the following: 0 bedrooms 1 bedroom 2 bedrooms 3 bedrooms 4 bedrooms 500 square feet 600 square feet 850 square feet 1,080 square feet 1,200 square feet Affordable housing units in multi-family projects of one hundred units ·or more must be evenly disbursed throughout the multi-family project to prevent undue concentrations of affordable housing units. (f) All affordable housing units in a multi-family project or a phase of a multi-family project shall be constructed concurrently with the construction of market rate units in the multi-family project or phase of that project. (g) On-site affordable housing units must be rental units in rental projects. In ownership projects, these affordable. · housing units may be either rental units or ownership units. Affordable housing ownership units shall comply with requirements concerning sales price, monthly payment, and limited equity and resale restrictions as established by resolution of the City Council to ensure that subsequent purchasers are also income-qualified households. (h) Each multi-family project applicant, or his or her successor, shall submit an annual report to the City idef~:tifying which units are affordable units, the monthly rent (or total housing cost if an ownership unit), vacancy information for each affordable unit for the prior year, verification of income of the hou~ehold occupying each affordable unit throughout the prior year, and such other infonnation as may be required by City staff. (i) A multi-family ptoject applicant in a residential district who meets the requirements of this Section shall be entitled to the density bonuses and· incentives provided by Sections 9:04.10.14.050 and 9.04.10.14.060 and the waiver/modification of development standards provided by Section 9.04.1 0.14.070. A multi-family project applicant in a commercial or industrial district shall be entitled to the development bonuses and incentives provided in the Land Use and C~rculation Element and implementing ordinances. G) All residential developmeqts providing affordable housing on-site pursuant to the provisions of this Section shall receive priority builditig depa11ment plan check processing by which housing developments shall have plan check review in advance of other pending developments to the extent authorized by law. (k) The City Council may by resolution establish compliance monitoring fees which reflect the ·reasonable regulatory cost to the City of ensuring compliance with this Section when affordable housing units are being initially rented or sold, when the required annual reports are submitted to the City, and when the units ·are being re-sold or re-leased. (Added by Ord. No. 1918CCS §!,adopted 7121198; amended by Ord. No. 2!91CCS § 4, adopted 6113/06; Ord. No. 2350CCS § 7, adopted 2/22/11; Ord. No. 2385CCS § I, adopted 12/13111) 9.56.060 Off-site.option. The following requirements must be met to satisfy the off-site option of this Chapter; (a) The multi-family project applicant for ownership projects of four or mqre units in multi-family reSidential districts shall agree to constmct twenty.-five percent more affordable housing units than number of affordable housing units required by Section 9.56.050(a) and (b). (b) For all other multi-family project applicants, the applicant shall agree to construct the same number of affordable housing units as specified in Section 9.56.050(c). (c) The multi-family project applicant shall identii)' an alternate site suitable for resideil.tial housing which the project applicant either owns or has site control over (e.g., purchase agreement, option to purchase, lease) subject to City review to ensure that the proposed development is cOnsistent with the City's housing objectives and prOjects. (d) The off-site units shall be located within a one-quarter mile radius of the market rate units. (e) The off-site units shall satisfy the requirements of subsections (d) tlu·ough G) of Section 9.56.050. (f) The off-site units shall not count towards the satisfaction of any affordable housing obligation that development of the alternative site with market rate units would othetwise be subject to pursuant to this Chapter. (g) Exceptions to the location of the off-site units specified in this Section may be granted by the Planning Commission on a case~ by-case basis upon a showing by the multi~family project applicant, based upon substantial evidence, that the location of off-site units in a location different fi·om 1 that -specified in this Section better accomplishes the goals of this Chapter, including m~imizing affordable housing production and dispersing affordable housing throughout the City. (h) The Housing Divi.sion of the Resource Management Department shall prepare administrative guidelines to implement this Section. (i) The City Council may by resolution establish compliance monitoring fees which reflect the reasonable regulatory cost to the City of ensuring compliance with this Section when affordable housing units are initially being rented or sold, when the required annual reports are submitted to the City, and when the units are being re~sold or re~leased. (Added by Ord. No. 1918CCS §I, adopted 7/21198; amended by Ord. No. 2!9!CCS § 5, adopted 6/13/06; Ord. No. 2385CCS § 2, adopted 12/13/11) 9.56.070 Affordable housing fee. A multi-family project applicant eligible to meet the affordable housing obligations established by this Chapter by paying an affordable housing fee shall pay the fee in aci::or4ance with the following requirements: (a) An affordable housing fee may be paid in accordance with the following formulas: (Santa Monica Supp. No. 75, 2~13) 580-2
Santa Monica Municipal Code 9.56.070 (I) Affordable housing unit base fee x floor area of multi-family project; (2) Multi-family projects with fractional. affordable housing units of less than 0.75 based on the formula established in Section 9.56.050: City's affordable housing unit development coSt X fractional percentage (b)· For purposes of this Section, the affordable housing unit base fee shall be established by resolution of the City Council. Commencing on July 1, 2006 and on July lst of each fiscal year thereafter, the affordable housing unit base fee shall be adjusted based on changes in construction costs and land costs. No later than July I, 2015, and approximately every five-year period thereafter, the City will conduct a comprehensive study of these fees .and the results of the co'mprehensive study shall be reported to the City ColUlcil. 'The ~ount of the affordable housing fee that the multi-fai11ilY project applicant must pay shall be based on the affordable housing unit base fee resolution in effect at the time that the affordable housing fee is paid to the City. (c) For purposes of this Section, the City's affordable housing unit development cost shall be established by resolution of the City Council. Commencing on July 1, 2007 and on July 1st of each fiscal year thereafter, the City's affordable housing unit development cost shall be adjusted based· on changes in construction costs and land costs. No later than July 1, 2015, and approximately every five-year period thereafter, the City will conduct a comprehensive study of these fees and the results of the comprehensive study shall .be reported to the City Council. The affordable housing fee that the multi-family project applicant must pay shall be based on the affordable .housing tmit development cost resolution in effect at the time of payment to the City. (d) The amount of the affordable housing unit base fee may vary by product type (apartment or. condominium) and shall reflect, among other factors, the relationship between new market rate multi~family development and the need for affordable housing. (e) The affordable housing fee shall be paid in full to the City prior to the City granting any approval for the occupancy of the project, but no. earlier than the time of building pennit issuance. · (f) The City shall deposit any payment made pursuant to this Section in a reserve account separate from the General Fund to be used only for development of very low-and loW~ income housing, administrative costs related to the production of this housing, and monitoring and evaluation of this affordable housing production program. Any monies collected and interest accrued pursuant to this Chapter shall be committed within five years after the payment of such fees or the approval _of the multi-family project, whichever occurs later. Funds that have not been appropriated within this five~ year period shall be refunded on a pro rata share to those multi~family project applicants who have paid fees during the period. Expenditures and commitments of funds shall be ." reported to the City Council annually as part of the City budget process. (g) An affordable housing fee payment pursuant to this Section shall not be considered provision· of affordable housing units for purposes of determining whether the multi-family· project qualifies for a density bonus pursuant to Government Code Section 65915. (Added by· Ord. No. 1918CCS § 1, adopted 7/21198; amended by Ord. !926CCS § 2, adopted 10/13/98; Ord. No. 2174CCS § 3, adopted 1118/05; Ord. No. 2191CCS § 6, adopted 6/!3/06; Ord. No. 2363CCS § I, adopted6/28111; Ord. No. 2409CCS §I, adopted 10/23/12) 9.56.080 Land acquisition. A multi-family project applicant may meet the affordable housing obligations. established by this Chapter by making an irrevocable offer: (a) dedicating land to the City or a non-profit housing provider; (b) selling of land to the City or a non~profit housing provider at belpw market value; or (c) optioning efland on behalf of the City or a non~profit housing provider. Each of these options must be for a value at 'least equivaleilt to the affordable housing obligation otherwise required pursuant to this Section. The multi~ family project applicant must identifY the land at the time that the development application is filed with the City. Any land offered pursuant to this Section must be located Within one~ quruter mile radius of the market rate units unless the multi-family project applicant demonstrates that locating the land outside of this radius better accomplishes the goals of this Chapter, including maximizing affordable housing production and dispersing affordable housing throughout the City. The City may approve, conditionally approve or reject such offers subject to administrative guidelines to be prepared by the Housing Division of the Resource Management Department. If the City rejects . such offer, the multi-family project applicant shall be required to meet the affordable housing obligation by other means set forth in thls Chapter. (Added by Ord. No. 1918CCS § 1, adopted 7/21/98) 9.56.090 Fe.e waivers.· The Condominium and Cooperative Tax described in Section 6. 76.010 ofthe SantaMonicaMunicipal Code and the Park and Recreation Facilities Tax established in Chapter 6.80 of Article 6 of the Santa Monica Municipal Code shall be waived for requir~d affordable housing units and for low~, very low-, and moderate-income dwelling units developed by the City or its designee using affordable housing fees. However, any multi-family project applicant who elects to pay an affordable housing fee Shall not be eligible for any fee waiver under this Section. (Added by Ord. No. 1918CCS § 1, adopted 7/21198; amemded by Ord. No. 2285CCS § 2, adopted 3/24/09) 9.56.100 Pricing requirements for affordable housing units. The City Council shall, by resolution, on an annual basis, set maximum affordable rents and maximum affordable purchase prices for affordable housing units,.adjusted by the (Santa Monica Supp. No. 75, 2-13)
9.56.100 Santa Monica Municipal Code number ofbedrooms. Such maximum affordable rents shall be set at rates such that qualified occupants for low-income units pay monthly rent that does not exceed thirty percent of the gross monthly household income for households eaming sixty percent of the median income, that qualified occupants for very tOw-income units pay monthly rent that does not exceed thirty percent of the gross monthly household income for households eaming fifty percent of the median income, and that qualified occupants for moderate-income units pay monthly rent that does not exceed thirty percent of the gross monthly household income for households earning one hundred percent of the mediari income. Such maximum affordable purchase price shall be set at tates such that qualified occupants for low income units pay total monthly housing costs (mortgage payment, property taxes, homeowners' insurance, property mortgage insurance, homeowners, association fees) that do nOt exceed thirty-eight percent of the gross monthly household income for households e8.rlling Sixty percent of the median income and that qualified occuparits for very low-income Units pay total monthly housing costs (mortgage payment. property taxes, homeowners, insurance, property mortgage insurance, homeowners' association fees) that do not exceed thirty-eight percent of the gross monthly household income for households eaming fifty percent of the median income and that qualified occupants for moderate income units pay total · monthly housing costs (mortgage payment, property taxes, homeowners' insurance, property mortgage insurance, homeowners, association fees) that do not exceed thirty-eight percent of the gross monthly household income for households earning one percent of the median income. {Added by Ord. No. 1918CCS § 1, adopted 7/21/98; amemded by Ord. No. 2285CCS § 3, adopted 3/24/09) 9.56.110 Eligibility requirements. (a) Only low-income, very low-income; and moderate~ income households shall be eligible to occupy or own and occupy affordable housing units. The City shall develop a list of· income-qualifi"ed households. Multi-family project applicants shall be required to select households from the City-developed list of income-qualified households, except applicants of ownership projects of four or more units in the City's multi-family residential zones may themselves select income-qualified households which shall be subject to eligibility certification by the City. (b) The City shall develop administrative guidelines for the tenant and purchaser selection process "detailed in this Section, which shall establish, at a minimum, the timing by which affordable housing units in a project must be leased or sold and occupied, both initially after issuance of the certificate of occupancy for the project and upon subsequent vacancies in the affordable housin·g unit. The guidelines may also establish priorities fof income-qualified tenants. (c) The following individuals, by vhtue of their pOsition or relationship, are ineligible to occupy an affordable housing unit: (1) All employees and officials of the City of Santa Monica or its agencies, authorities, or commissions who have, (Santa Monica Supp. No. 75, 2-13} by the authority of their position, policy-making authority or influence. over the implementation of this Chapter and the immediate relatives an~ employees of such City employees and offipials; (2) The immediate relatives of the applicant or owner, including spouse, children, parents, grandparents, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, sister-in-law, and brother-in-law. (Added by Ord. No. 1918CCS § 1, adopted 7/21/98; amemded by Ord. No. 2285CCS § 4, adopted 3/24/09) 9.56.120 Relation to units required by Rent Control Board. Very low-income, low-income, and moderate-income dwelling units developed as part of a market rate project, pursuant to replacement requirements of the Santa Monica Rent Control Board, shall count towards the satisfaction of this Chapter if they otherwise meet applicable requirements for this Chapter including, but not limited to, the income eli_gibility fequirements, deed restriction requirements, and pricing requirements. New inclusionary units required by the Rent Control Board which meet the standards of this Chapter shall count towards the satisfaction of this Chapter. (Added by Ord. No. 1918CCS § 1, adopted 7/21198; amemded by Ord. No. 2285CCS § 5, adopted3/24/09) 9.56.130 Deed restrictions. Prior to issuance of a building permit for a project meeting the requirements of this Chapter by providing affordable units on-site or off-site, the multi-family project applicant shall submit deed restrictions or other legal instruments setting forth the obligation of the applicant under this Chapter for City review and approval. Such restrictions shall be effective for at least fifty-fiveyears. (Added by Ord. No. 1918CCS § 1, adopted 7/21/98) . 9.56.140 Enforcement. No building permit or occupancy petmit shall be issued, nor any development approval granted, for a project which is not exempt and does not meet the requirement of this Chapter. All affordable hoUsing units shall be rented or owned in accordance with this Chapter. (Added by Ord. No. 1918CCS § 1, adopted 7121/98) 9.56.150 Annual report. The Housing Division of the Resource Manag~ment Department shall submit a report to the City Council on an arumal basis which shall contain information concerning the implementation of this Chapter. This report shall, also detail the projects that have received planning approval during the _previous year and the manner in which the provisions of this Chapter were satisfied. This report shall further assess whether the provisiOns of Proposition R have been met and whether changes to this Chapter or its implementation procedures are warranted. In.the event the provisions of PropOsition R have not been met, the City Council shall take such action as is necessary to ensure that the provisions will be met in the future. This action may include, but not be limited to, 580-4
Santa Monica Mllllicipal Code amending the provisions of this Chapter or its implementation. (Added by Ord. No. 1918CCS § 1 (part), adopted 7/21/98) 9.56.160 Principles and guidelines. (a) In addition to the administrative guidelines specifically required by other provisions of this Chapter, the City Manager or designee shall be the designated authority to develop and implement rules and regulations pe1taining to this Chapter, to enter into recorded agreements with multi-family project applicants, and to take other appropriate steps necessary to assure that the required affordable housing units are provided and are occupied by very low-, low-, and moderate-income households. (b) Within one year from the passage of this Chapter, administrative rules and regulations pertaining to this Chapter shall be brought before the City Council for adoption. (Added by Ord. No. 1918CCS § 1 (part), adopted 7/21/98; amemded by Ord. No. 2285CCS § 6, adopted 3/24/09) 9.56.170 Adjustments or waivers. (a) A multi-family project applicant may request that the requirements of this Chapter be adjusted or waived based on a showing that applying the requirements of this Chapter would effectuate an llllconstitutional taking of property Or otherwise have an ooconstitutional application to the property. (b) To receive an adjustment or waiver, the applicant must submit an application to the Director of Resource Management, or designee, at the time the applicant files a multi-family project application. The applicant shall bear the bt,J.rden of presenting substantial evidence to support the request and set forth in detail the factual and legal basis for the claim, including all suppmting techniyal documentation. (c) In making.a determination on an application to adjust or waive the requirements of this Chapter, the Director of 580-4a 9.56.150 (Santa Monica Supp. No. 69, 8~11}
Santa Monica Municipal Code 9.56.170 Resource Management, or City Council on appeal, may assume each of the following when applicable: (1) The applicant is subject to the affordable housing requirement of this Chapter; (2) The applicant will benefit from the inclusionary incentives set forth in this Chapter and the City's Municipal Code; (3) The applicant will be obligated to provide the most economical affordable housing units feasible in tenns of construction, design, location and tenure. (d) The Director of Resource Management shall render a written decision within ninety · days after a complete application is filed. The Director's decision may be appealed to the City Council if such appeal is filed within fourteen consecutive calendar days from the date·that the decision is made in the manner provided in Part 9.04.20.24, Sections 9.04.20.24.010 through 9.04.20.24.040 of this Code. (e) If the Director of Resource Management, or City Council on appeal, upon legal advice provided by or at the behest of the City Attorney, determines that applying the requirements of this Chapter would effectuate an ullconstitutional taking of property or otherwise have an unconstitutional application to the property, the affordable housing requirements shall be adjusted or waived to reduce the obligations under this Chapter to the extent necessary to avoid an unconstitutional result. If an adjustment or waiver is granted, any change in the use within the project shall i~validate the adjustment _or waiver. If the Director, or City Council on appeal, detennines that no violation of the United States or California Constitutions would occur through application of this Chapter, the requirements of this Chapter remain fully applicable. (Added by Ord. No. 2174CCS § 4, adopted 11/8/05; amended by Ord. No. 2207CCS § 10; adopted 1 0/3/06) Chapter 9.60 HISTORIC RESOURCE DISCLOSURE Sections: 9.60.010 9.60.020 9.60.030 9.60.010 Definitions. Disclosure of historic resources. Remedies. Definitions. (a) "Buyer" means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent with the object of entering into a real property tran~action. "Buyer" includes vendee or lessee. (b) "Offer to purchase" means a written contract executed by a buyer acting through a selling agent which becomes the contract for the sale of the real property upon acceptance by the seller. (c) "Owner" means any person, copartnership, association, corporation or fiduciary having legal or equitable title or any interest in real property. (d) "Real property transaction" means a transaction for the sale of real property in which an agent is employed by one or more of the principals to act in that transaction, and includes a listing or an offer to purchase. (e) «Sale" means a transaction for the transfer of real property from the seller to the buyer and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of California Civil Code Section 2985, and transactions for the creation of a leasehold exceeding one year'·s duration. (t) "Selling agent" means a listing agent who acts alone, or an agent who acts in cooperation with a listing agent, and who sells or finds and obtains a buYer for the real property, or an agent who locates property for a buyer. or who finds a buyer for a property for which no listing exists and presents an offer to purchase to the seller. (Added by Ord. No. 2103 § !(part), adopted 12116/03) 9.60.020 Disclosure of historic resources. If real property has been designated by the City of Santa Monica as a landmark, structure of merit, or a contributor to a historic district, or has been identified in th.e City's Historic Resource Inventory or any update thereto, the owner or the selling agent of the real property shall, in any real property transaction, provide the buyer of the real property with notice informing the buyer of the property' s historic status. The owner or the selling agent shall provide the notice to the buyer as soon as practicable before transfer oftitle. The buyer shall execute a receipt therefor as furnished by the City and Said receipt shall be delivered to the City Clerk as evidence of compliance with the provisions of this Chapter. (Added by Ord. No. 2103 § !(part), adopted 12116/03) 580-5 9.60.030 Remedies. If any disclosure required to be ·made by this Chapter is delivered after the execution of an offer to purchase, the buyer shall have three days after delivery in person or five days after delivery by deposit in the mail to terminate his or her offer by delivery of a written notice of termination to the owner or selling agent Any person Who violates the provisions of this Chapter shall be subject to the penalties and remedies specified in Chapter 1.08. In addition, a buyer who does not receive the notice required by Section 9.60.020 may bring a civil action for damages. (Added by Ord. No. 2103 §!(part), adopted 12116/03) Chapter 9.64 CITY COUNCIL CEQAAPPEALS Sections: 9.64.010 City Council CEQA appeals. 9.64.010 City Council CEQA appeals. Any person may appeal to the City Council from the decision of a nonelected decisionmaking body of the City to (Santa Monica Supp. No. 52, 2-07)
9.64.010 Santa Monica Municipal Code certify an environmental impact report, approve a negative declaration or mitigated negative declaration or detennine that a project is not subject to -Public Resources Cod~ Section 21080 et seq. (California Environmental Quality Act) if that decision is not ·otherwise subject to further administrative review. Any such appeal must be filed with the Secretary of the nonelected decisionmaking body within fourteen consecutive calendar days of the date that the decision is made. The appellant shall state the specific reasons for the appeal on an appeal form prepared by the City. The appeal musLbe accompanied by the required filing fee. (Added by Ord. No. 2139CCS § 10, adopted 9/14/04) Chapter 9.68 CHARITABLY FUNDED PUBLIC PROJECTS Sections: 9.68.010 Processing of charit3bly funded public projects. 9.68.010 Processing of charitably funded public projects. Any project intended for recreational, cultural, educational or other public use which is, or will be upon completion, owned by the City and which is funded or partially funded by a grant from a charitable foundation or private, charitable donor, shall be given priority iri: (a) Permit processing; (b) Plan check review; and (c) Administrative appeals. Additionally, any such project shall be exempt from permit and appeal fees. (Added by Ord. No. 2190CCS § 1 (part), adopted 6/13/06) Chapter 9.72 CHILD CARE LINKAGE PROGRAM Sections: 9.72.010 9.72.020 9,72.030 9.72.040 9.72.050 9.72.060 9.72,070 9.72.080 9.72.090 9.72.100 9.72.110 9.72.120 Findings and purpose. Applicability of Chapter. Definitions. Child care requirement. Fee adjustments or waivers. Fee revenue account. Use of funds. Automatic annual adjustment. Annual report. Refunds. Fee revision by resolution. Regulations. 9.72.010 Findings and purpose. (a) The purpose of this Chapter is to assure that developers of new residential and workplace development (Santa Monica Supp. No. 52, 2-07} mitigate the increased demand for child care attributable to and generated by such development projects by contributing to the creation of an equitable share of child care facility spaces, and thereby help the City meet its child care facility needs .. (b) There is a shortage of licensed child care facilities within the City to'meet local needs for child care services. The causal connection between new commercial and residential development and the demand for child care facilities, as well as an estimate of the cost of providing facilities to meet that demand has been studied and presented to the City Council by City staff. The information presented demonstrates that certain new 4evelopment projects create an influx of new employees and families to the City, and thus generate additional need for child care facilities, creating additional and cumulative impacts on the system for providing child care. A lack of adequate child care facilities in the City will have an adverse affect on the residents' quality oflife and the City's economy, as employers will be unable to secure employees who cannot find accessible child care facilities. The incfeased demand for child care services generated by new development projects, unless mitigated, is detrimental to the City's public health, safety and general welfare. (c) The public policy of the City, as reflected by the City's Child Care Master Plan and Land Use Element, is to en~ourage child-care facilities, the provision of which requires a partnership between public and private participants. The fees and exactions established by this Chapter upon receipt shall be used to create new child care facility spaces in the City by public and private child care providers to offset the demand generated by new development projects. The City Council finds that there is a reasonable relationship between the purpose for which the fees established by this Chapter are to be used and the type of development projects on which the fees are imposed, an& between the amount of the fees and the cost of the child care facility or portion of the facility attributable to the development on which the fees are imposed. (Added by Ord. No. 2211 CCS § 1 (part), adopted 12/5/06) 9.72.020 Applicability of Chapter. The regulations,, requirements and provisions of this Chapter and council resolutions adopted pursuant hereto shall apply to developers of residential, office, retail and hotel development projects as defined in this Chapter. (Added by Ord. No. 2211CCS §I (part), adopted 12/5/06) 580-6 9,72.030 Definitions. The following words or phrases shall have the following meanings when used in this Chapter: Child Care Facility. A child day care facility as defined in· California Health and Safety Code Section 1596.76 Child Care Linkage Fee. A fee paid to the City by an applicant pursuant to Section 9.72.040 of this Chapter in connection with approval of a project, to contribute to the creation of child care spaces to meet the increased facility needs created by inCreases in population and employment in the City.
Santa Monica Municipal Code 9.72.030 Child C:lre Provider. An organization which operates a child day-care facility as defined in California Health and Safety Code Section 1596.791. Director. The Director of Community and Cultural Services Department, ·Or his/her designee, or_ the Director of Planning and Community Development, or his/her designee, as appropriate. Hotel. Hotel as defined at Santa Monica Municipal Code Section 9.04.02.030.41 0 and Motel as defined at Santa Monica Municipal Code Section 9.04.02.030.515, or any successor legislation. Impact Formula. A formula, adopted by Council ordinance or resolution, to determine the amount of fee due for each project based on the increased demand for child care that results from-the project and the per unit cost of meeting that demand. Office. A structure or portion thereof intended or primarily suitable for occupancy by persons or entities which perform, provide for their own benefit, or provide to others at that location services-including, but not limited to the following: professional, banking, insurance, management, consulting, technical, sales and design, entertainment or post-production studios, or the office functions of manufacturing or warehousing businesses. This definition shall include, but not be limited to, all uses encompassed within the meaning of Section 9 .04.02.030.540, or any successor legislation. Project. Office, retail, hotel development having a gross new or additional floqr area of seven thousand five hundred square feet or more or that changes an existing use to a different use that increases the demand for child care spaces, or residential development of improved or unimproved land which conforms to development approvals and requirements of this Code, regardless of the nature of the project, e.g., developing undeveloped land, expanding a use. Gross floor area for the purposes of this definition shall be the same as Section 9.04.02.030.315, or any successor legislation, but shall also exclude parking area. Where the requirements of this Chapter have been adjusted or waived for a project pursuant to Section 9.72.050 hereof, subsequent changes in use, project remodels or tenant improvements that increase the demand for child care facility spaces shall constitute a project as defined herein. Residential Development. Development of a multi -family dwelling units for a household as those terms are defined in Sections 9.04.02.030.270 and 9.04.02.030.415, or any succeSsor legislation, respectively, including but not limited to multi-family residences of more than one unit, apartments, condominiums, townhouses or the multi-family residential component of a mixed use project, for which City permits and approvals are sought. Residential development, Ior purposes of defining a project subject to this chapter, does not include the following: day care centers; churches, temples, synagogues, and other buildings or structures used for religious worship; repair and reconstruction of any building damaged by flood, fire or other disaster; governmental facilities; affordable housing units; community care facilities; senior citizen housing development. 580-7 Retail. A business which is engaged in selling goods or merchandise to the general public and which may provide services incidental to the sale of such goods as defined in Section 9.04.02.030.345, or any successor legislation. (Added by Ord. No. 2211 CCS § 1 (part), adopted 12/5/06) 9.72.040 Child care requirement. For any project defined herein, the developer shall pay a child care linkage fee or participate in the construction or establishment of child care facilities in accordance with the following: (a) Child Care Linkage Fee. Fees shall be computed as follows: (I) For residential development projects that result in the addition of a dwelling unit: one hundred eleven dollars per dwelling unit. (2) All office, retail and hotel projects shall pay the following based on the gross square footage of the proposed project: (i) Office: five dollars and twenty-seven cents per square feet. (ii) Retail: three dollars and seventy-seven cents per square feet. (iii) Hotel: two dollars and sixty-four cents per square feet. (3) For mixed residential/nonresidential development, the sum of the fee required for each component as set forth above in subdivisions (1) and (2) of this subsection. (b) Timing of Fee Payment. (1) Fees shall be imposed at the time of approval of any discretionary permit for a development project subject to this Chapter or, if the fees cannot be lawfully impoSed as a condition of discretionary project approval, at the time of any other subsequent permit required for the development tO proceed, including but not limited to building permits. The project applicant shall pay fees according to the schedule of f~es in place on the date the fees are paid, except that the applicant for a vesting tentative map for a development project shall pay the fees in effect on the date the application for the vesting tentative map is deemed complete. (2) No building permit for any development project shall be issued unless a_ contract to pay the fees has been executed with the Planning and Community Development Department, and no final inspection shall be approved unless fees have been paid. For development projects subject to this Chapter, child care linkage fees shall be paid on the date final inspection approval is received and prior to certificate of occupancy. If a residential development project contains more than one dwelling unit and is approved for development in phases, the developer shall pay the fees in installments based on the phasing of the residential development project. Each fee installment shall be paid at the time when the first dwelling unit within each phase of development has received its final inspection. (3) For all projects subject to this Chapter, the City may require the payment of fees at an earlier time if the fees will be collected for public improvements or facilities for which an account has been established and funds appropriated and for which the City has adopted a proposed construction schedule (Santa Monica Supp. No. 52, 2-07}
9.72.040 Santa Monica Municipal Code or plan prior to final inspection, or the-fees are to reimburse the City for expenditures previously made. (c) Facilities In Lieu of Fees. The developer of a residential or nonresidential project may satiSfy the requirement for the payment of fees by agreeing to participate in the construction or establishment of one or more child care facilities. Such participation shall be secured generally as follows: (I) Type and Cost ofParticipation. A developerseeking to satisfy the child care requirements of this Chapter through participation in the construction or establishment of new child care facilities shall submit documentation acceptable to the Director of Planning and Community pevelopment to support the request for participation in lieu of fees. The documentation shall establish that the type and cost of participation including, but not limited to, construction, rehabilitation of existing structures conforming to license and zoping requirements, or land or premises dedication, bears a reasonable relationship to the fee otherwise required in subsection (a). Construction Cost Indexes, p:i'evailing wage rates, and the best available index of costs of equipment and supplies shall be utilized to determine the level of participation relative to the required fee. In the case of land or premises dedication, the market value of land or premises dedicated s~all be reasonably related to the fee otherwise required in subsection (a). If the actual construction cost or market value is greater than the required relevant fees, the City shall have no obligation to pay the excess amount. (2) Approval of Participation. The Director ofPlanning and Community Development, after consultation with the Director of the Community and Cultural Services Department, shall detennine and approve the type and cost of participation in the construction or establishment of facilities. (3) Verification of Participation. The Director of Planning and Community Development shall require that the developer submit a written verification of participation in meeting these requirements. Said verification shall consist of documentation sufficient to enable the Director to readily detennine compliance with the provisions of this Chapter. Upon receipt of documentation sufficient to demonstrate compliance, the Director shall issue a notice that the deVeloper has complied with the requirements of this Chapter. (4) The Director's determination of the type and cost of participation in the construction or establishment of child care facilities pursuant to this Section may be appealed to the City Council if such appeal is filed within fourteen consecutive calendar days froril the date that the decision is made in the manner provided in Part 9.04.20.24, Sections 9.04.20.24.010 through 9.04.20.24.040 of this Code. (Added by Ord. No. 2211CCS § 1 (part), adopted 12/5/06) 9.72.050 Fee adjustments or waivers. (a) A developer of any project subject to the fee described in Section 9.72.040(a) may request that the requirements of this Chapter be adjusted or waived based upon the absence of a reasonable relationship or nexus between the impacts ofthat development and either the amount of the fee charged or the type and cost of the facilities to be established or constructed in lieu of fee through participation. The grounds for such (Santa Monica Supp. No. 52, 2·07) request may include, but are not limited to, circumstances where the particular design and use of the workspace building area prevent the proposed project from generating the demand for child care facility spaces in the amount of the child care linkage fee required by this Chapter. (b) To receive; an adjustment or waiver, the developer must submit.an application to the Director of Planning and Community Development~ or his/her designee, at the time the developer files a project application. The developer shall bear the burden of presenting substantial evidence to support the request and set forth in detail the factual and legal basis for the claim, including all supporting technic:al documentation. (c) The Director of Planning and Community Development shall render a written decision within ninety days· after a complete application is filed. The Director's decision may be appealed to the City Council if such appeal is filed within fourteen consecutive calendar days from the date that the decision is made in the manner provided in Part 9.04.20.24, Sections 9.04.20.24.01 0 through 9.04.20.24.040 of this Code. The decision of the City Council shall be final. If an adjustment or waiver is granted, any change in use from the approved project shall invalidate the adjustment or waiver. (Added by Ord. No. 2211CCS § 1 (part), adopted 12/5/06) 9.72.060 Fee revenue account. Pursuant to Government Code Section 66006, the Child Care Linkage Fee Reserve Account is hereby established. The fees paid pursuant to the provisions of this Chapter shall be placed into the Child Care Linkage Fee Reserve Account and used solely for the purpose described in this Chapter. All monies in this reserve account shall be held separate and apart from other city funds. All interest or other earnings of such reserve account shall be credited to that account. (Added by Ord. No. 2211CCS § 1 (part), adopted 12/5/06) 9.72.070 Use of funds. Funds in the Child Care Linkage Fee Reserve Account shall be expended on the construction and establishment of child care facilities within the corporate limits of the City of Santa Monica, exclusive of ongoing operating expenses and general maintenance. Such expenditures may include, but shall not be limited to, the following: (a) The reimbursement for all direct and indirect costs incurred by the City for the development of child care facilities pursuant to this Chapter, including but not limited to, the costs of land acquisition, planning, legal advice, engineering, design, construction and equipment. (b) The reimbursement for all costs incurred by the City associated with the administration of the reserve account, including but not limited to, audits, and yearly accounting and reports. (c) The making of loans at conventional, low, or no interest, loan guarantees, or grants to child care providers for child care facility capital improvements, including but not limited to, land acquisition, planning, design, and construction (including rehabilitation) which result in the provision of additional child care facilities. (Added by Ord. No. 2211 CCS . § 1 (part), adopted 12/5/06) 580-8
Santa Monica Municipal Code 9.72.080 9.72.080 Automatic annual adjustment. Each fee imposed by this Chapter shall be adjusted automatically on July 1st of e_ach fiscal year, beginning on July 1, 2007, by a percentage equal to the appropriate Engine.ering Construction Cost Index as published by Engineering News Record, or its successor publication, for the preceding twelve months. (Added by Ord. No. 2211 CCS § 1, adopted 12/5/06) 9.72.090 Annual report. Except for the first year that this Chapter is in effect, within one hundred eighty days after the last day of each fiscal year, the Director of the Community and Cultural Services Depattment shall make available to the public and submit for review by the City Council the information required by Government Code Section 66006(b)(l) pursuant to the procedures set forth in Section 66006(b)(2). (Added by Ord. No. 2211CCS § 1, adopted 12/5/06) 9.72.100 Refunds. (a) If a development permit upon which a child care linkage fee was collected expires, is vacated or voided, without commencement of construction, upon request of the developer, the developer shall be entitled to a refund of the unexpended child care linkage fee paid, less a pmtion of the fees sufficient to cover costs of collection, accounting for and administration of the fees paid. The fee payer shall submit a written request for a refund to the Director of Planning and Community. Development within one year of the expiration date of the permit. Failure to timely submit a request for refund may constitute a waiver of any" right to a refund. (b) Fees collected pursuant to this Chapter which remain unexpended or uncommitted for five or more fiscal years after deposit into the reserve account may be refunded as provided by Government Code Section 6600l(e) and (f). (Added by Ord. No. 2211CCS § 1, adopted 12/5/06) 9.72.110 Fee revision by resolution. The amount of the child care linkage fees and the formula for the automatic annual adjustment established by this Chaptei may be reviewed and revised periodically by resolution of the City Council utilizing the best available information. This Chapter shall be considered enabling and directive in this regard. (Added by Ore!. No. 2211 CCS § 1, adopted 12/5/06) 9.72.120 Regulations. ·The City Manager, or her/his designee, is authorized adopt administrative regulations or guidelines that are consistent with and that further the terms and requirements set forth within this Chapter, which is hereby codified in Article 9, Chapter 9.72 of the Santa Monica Municipal Code or as otherwise. designated by the City Clerk. All such administrative regulations or guidelines must be in writing .. (Added by Ord. No. 2211CCS § 1, adopted 12/5/06) '.,.. Chapter 9.73 TRANSPORTATION IMPACT FEE PROGRAM Sections: 9.73.010 9.73.020 9.73.030 9.73.040 9.73.050 9.73.060 9.73.070 9.73.080 9.73.090 9.73.100 . 9.73.110 Findings and purpose.· Applicability of Chapter. Definitions. Transportation mitigation r~quirement. Fee adjustments and waivers. Fee revenue account. Distfibution of transportation impact fee funds. Periodic review and adjustment of transportation impact fees. Fee refunds. Fee revision by resolution . Regulations. 9.73.010 Findings and purpose. (a) The purpose of this Chapter is to implementthe goals, objectives. and policies of the City of Santa Monica's Land Use and Circulation Element ("LUCE") and, particularly, the City's goal of no net new automobile p.m. peak hour trips occurring when new development is constructed within the City limits. Imposing a fee that is reasonably related to the burdens created by new development on the City's surface transportation system will enable the City to construct the ~equired capital improvements that will contribute to fulfilling this goal. (b) The City has prepared a Transportation Impact Fee Nexus Study. It shows, and the City Council finds that there is a reasonable relationship between the purpose for which the fees established by this Chapter are to be used and the type of. develoPment projects on which the fees are imposed, and between the· amount of the fees and the cost of the transportation facilities or portion of the facilities attributable to the development on which the fees are imposed. (c) 1t is the intent ofthe City Council that the fee required by this Chapter shall be supplementary to any conditions imposed upon a development project pursuant to other provisions of the Municipal Code, the City Charter, the Subdivision Map Act, the California Environmental Quality Act, other State and local laws, which may authorize the imposition of project specific conditions on developrnen~. (Added by Ord. No. 2420CCS § 1, adopted 3/12113) 9.73.020 Applicability of Chapter. (a) The regulations, requirements and provisions of this Chapter and Council resolutions adopted pursuant hereto shall apply to all new projects for which a development applica~ion was deemed complete or an application for changes in existing uses Was made on or after the effective date of the oi·dinance codified in this Chapter. (b) Notwithstanding subsection (a), the following projects,.square footage and affordable residential units shall not be subject to the requirements of this Chapter: 580-9 (Santa Monica Supp. No. 76, 5-13)
9.73.020 Santa Monica Municipal Code (I) Places of worship; (2) City projects; (3) Day care centers; ( 4) Private K-12 schools; (5) Multi-family rental housing projects developed by a nonprofit housing provider if the developer is receiving financial assistance through a public agency, so long as the multi-family rental housing project is an affordable housing project meeting the requirements of Santa Monica Municipal Code Section 9.04.02.030.065 and the project's affordable housing obligations will be secured by a regulatory agreement, memorandum of agreement, or recorded covenant with a public agency for a minimum period of fifty-five years; ( 6) Re-occupancy of square footage in an existing building or structure if there is no change of use; · (7) Square footage -used for outdoor dining in the public right-of-way; and (8) Affordable housing units deed restricted to very-loW income and ·low income households. (Added by Ord. No. 2420CCS § I, adopted 3/12113) SANTA MONtCA TRANSPORTATION IMPACT FEE AREAS 9.73.030 Definitions. For the purpose of this Chapter, the following terms shall be defined as follows: (a) "Area 1" means the area bounded in the west by California Avenue from 7th Street to Ocean Avenue, in the north by 7th Street from Califomia A venue to Highway l 0 and 4th Street from Highway 10 to Olympic Drive, in the east by Highway 10 from 7th Street to 4th Street and Olympic Drive from 4th Street to Ocean A venue, and in the south by Ocean Avenue from California A venue to Olympic Drive and, the area bounded in the west by Broadway from-20th Street to 26th Street and Colorado A venue from 26th Street to Stewart Street, in the north by 26th Street fi:om Broadway to Colorado Avenue and by Stewart Street from Colorado Avenue to Exposition Boulevard, in the east by ExPosition Boulevard. and Michigan Avenue from Stewart Street to Cloverfield Boulevard and Olympic Boulevard from Cloverfield Boulevard to 20th Street, and in the south by 20th Street from Broadway to Olympic Boulevard and Cloverfield Boulevard from Olytppic Boulevard to Michigan Avenue. (b) "Area 2" means any remaining area within the City boundary that is not illciuded.in Area 1. (c) "Area 3 overlay" means a one-half mile walk-shed from a transit station within the City boundary. Only housing development projects as defined in Section 9.73.040(a)(6) may qualify for a transportation impact fee based on their location within the Area 3 overlay. b~..S~~~---F.rltP'i\1 E)(pl) Phase II 111 ~"ru Stations ~ Santa Monica Transit Man 0.Area1 L:~ .. J Area ·2 (,'• :'}Area 3 ov~r!ay (Santa MonicaSupp. No. 76, 5-13) 580-10
Santa Monica Municipal Code 9.73.030 (d) "City projects" means City public works projects and City community facilities (e.g., libraries, public parking stmctures, recycling centerS, and community centefs), not including public/private partnerships. (e) "Housing development project" means a development project with common ownership and financing consisting of residential-use or mixed use where not less than fifty percent of the floorspace is for residential use as provided in Govemment Code Section 66005.l(c) and its successor statutes. (f). "Nexus Study" means the Transportation Impact Fee Nexus Study prepared by Nelson!Nygaard Consulting Associates Inc, dated April 2012. (g) "Project" means any development having a gross new or additional floor area of one thousand square feet or more or that changes an existing use to a different use that increases the demand for transportation infrastructure, or residential development of improved or unimproved land which adds dwylling units. Gross floor area for the purposes of this definition shall be the same as Section 9.04.02.030.315, or any successor legislation, but shall exclude parking area. Where the requirements of this Chapter h~ve been adjusted or waived for·a project pursuant to Section 9.73.050 hereof, subsequent changes in use, project remodels or tenant improvements that increase trip generation shall constitute a project as defined herein. (h) "Transit station" means a rail or light-rail station, ferry terminal, bus hub, or bus transfer station, and includes planned transit stations otherwise meeting this definition whose construction is programmed to be completed prior to the scheduled completion and occupancy of the housing development. (i) . "Transpmtation impact fee" means a fee paid to the City by an applicant pursuant to Section 9.73.040 of this Chapter in connection with approval of a project, to contribute to the creation of transportation improvements to offset additional vehicle trips generated by new development to achieVe no net new trips consistent with the goals, objectives and policies of the City's Land Use and Circulation Element ("LUCE"). (Added by Ord. No. 2420CCS § I, adopted 3/12/13) 9.73.040 Transportation mitigation requirement. Except as provided in Section 9.73.050, the developer of a project shall pay a transportation impact fee in accordance with thdollowing: (a) Transportation Impact Fee. Fees shall be computed as follows: (I) For single-family residential development projects that result in the addition of a dwelling unit: (A) Seven thousand six hundred dollars per multi-family dwelling unit in Area I. (B) Seven thousand eight hundred dollars per multi-family dwelling unit in Area 2. (2) For multi: family residential development projects that result in the addition of a dwelling unit: (A) Two thousand six hundred dollars per mulii-family dwelling unit in Area-l. (B) Three thousand three hundred dollars per multi-family dwelling unit in Area 2. . (C) Two thousand six hundred dollars per multi-family dwelling unit in Area 3 overlay for housing development projects that satisfy the requirements of subsection (a)(6)(A), (B), and (C) of this Section. (3) All nonresidential projects shall pay the following based on the gross square footage of the proposed project: (A) Retail. I. (i) Twenty-one dollars per square foot in Area 1. (ii) Thirty dollars and ten cents per square foot in Area 2. (B) Office. (i) Nine dollars and seventy cents per square foot in Area (ii) Ten dollars and eighty cents per square foot in Area2. (C) Medical Office. (i) Twen"ty-eight dollars and ten cents per square foot in Area I. (ii) Twenty-nine dollars and eighty cents per square foot in Area2. (D) Hospital. (i) Not applicable. (ii) Fourteen dollars and seventy cents per square foot in Area 2. (E) Lodging. (i) Three dollars and sixty cents per square foot in Area I. (ii) Three dOllars and sixty cents per square foot in Area2. (E) Industrial. (i) One dollar and twenty cents per square foot in Area 1. (ii) One dollar and thirty cents per square foot in Area 2. (G) Auto Sales and Display Areas. (i) One dollar and twenty cents per square foot in Area 1. (ii) One dollar and thirty cents per square foot in Area 2. ( 4) The land use categories identified in subsections (3)(A) through (G) shall have the following meanings: (A) Single-family residential shall include single-family. (B) Multi-family residential shall include congregate care-nonsenior, congregate care----seniors, and multi-family. (C) Retail shall include: animal kennels and veterinary hospitals, auto repair, car wash, community meeting facilities, community centers and nonresidential adult care facilities, retail and wholesale construction-related materials, nurseries and. garden centers, entertainment and recreational facilities, gas station, library, museums, aquariums and art galleries, nightclubs and bars, personal services, post-secondary educational facility, pre-school/child day care, private studio, restaurants~fast food and cafes, restaurants-sit down, retail durable goods, retail food and markets, retail mixed, and retail non-food. ' (D) Office shail include: creative office, financial institutions and office, and general office. (E) Medical office shall include: medical office, including medical clinics, and Offices for medical professionals. (F) Hospital shall include: full service hospitals. (G) Lodging shall include: hotels, motels and other ovemight acf?ornmodations. 580-11 (Santa Monica Supp. No. 76, 5-13)
9.73.040 Santa Monica Municipal Code (H) Industrial shall include: surface or structured auto inventory storage, City maintenance facilities and bus yards, heavy industrial and manufacturing, light industrial, utilities, warehouse and self-storage, and wholesale distribution and shipping. (5) For mixed residentiaVnonresidential development, the sum of the fee required for each component as set forth in subsections (a)(2) and (a)(3) of this Section. (6) Housing development projects within the Area 3 overlay that meet the following characteristics shall pay a transportation impact fee of two thousand six hundred dollars per multi-family dwelling unit: (A) The housing development is located within one-half mile of a transit station and there is direct access between the housing develop·ment and the transit station along a bmTierM free walkable pathway not exceeding oneMhalf mile in length; and (B) Convenience retail uses, including a store that sells food, are located within one-half mile of the housin·g development; and (C) The housing development provides either the minimum number of parking spaces required by the municipal code, or no more than one on-site parking space for zero-to twoMbedroom units, and two on-site parking spaces for three-or more bedroom units, whichever is less. (7) The amount oflegally permitted square footage to be demolished in an existing building or structure, or to be removed from an outdoor area used as part of a service station or for auto dealer sales, display and inventory storage, as a part of a project shall be a credit in the calculation of the transpOitation impact fee. Outdoor area used as part of a gas station shall not include setbacks, landscaping, parking and other paved areas used solely for access and circulation. (b) Timing of Fee Payment. (1) The project applicant shall pay fees according to the schedule of fees in place on the date the fees are paid, except that the applicant for a vesting tentative map for a development project shall pay the fees in effect on the date the applica.tion for the vesting tentative map is deemed complete, as automatically adjusted. (2) No building permit for any project shall be issued unless the fees have been paid or, if state law requires the City to accept later fee payment, a contract to pay the fees has been executed with the City, in which case no final inspection shall be approved until the fees have been paid. If a residential development project contains more than one dwelling unit and is approved for development in phases, the developer shall pay the fees in installments based on the phasing of the residential development project. Each fee installment shall be paid at the time when the first dwelling unit within each phase of development has received its final inspection. (3) For all projects subject to this Chapter, the City may require the payment of fees at an earlier time if the fees will be collected for public improvements or facilities for which an account has been established and funds appropriated and for which the City has a proposed construction schedule or plan prior to final inspection, or the fees are to reimburse the City for expenditures previously made. (Added by Ord. No. 2420CCS § l, adopted 3/12/13) 9.73.050 Fee adjustments and waivers. (a) A developer of any project subject to the fee described in Section 9.73.040(a) may request that the requirements of this Chapter be adjusted or waived for the conversion of nonconforming ground floor uses in c~mmercial zones to confonning pedestrian-oriented uses. (b) To receive an adjustment or waiver, the developer must submit an application to the Planning and Community Development Director, or designee, at the time the developer files a discretiona.Iy project application or, if no discretionary application is required, a building permit application. The developer shall bear the burden of presenting a preponderance of the evidence to support the request and set forth in detail the factual and legal basis for the claim, including all supporting technical documentation. (c) The Director of Planning and Community Development or designee shall render a written decision within ninety days after a complete application is filed. The Director's decision maY be appealed to the Planning Commission by the project applicant if such appeal is filed within fourteen consecutive calendar days from the date that the decision is made in the manner provided in Part 9.04.20.24, Sections 9.04.20.24.010 througb 9.04.20.24.040 of this Code. The decision ofthe Planning Commission shall be final. (d) If an adjustment or waiver is granted, any change in use fi:om the approved project shall invalidate the adjustment or waiver. (Added by Ord. No. 2420CCS § l, adopted 3/12113) 9.73.060 Fee revenue account. Pursuant to Govermnent Code Section 66006, the transportation impact fee reserve account is hereby established. The fees paid to the City pursuant to the provisions of this Chapter shall be deposited into the . transportation impact fee reserve account and used solely for the purpose described in this Chapter. All monies deposited into the reserve account shall be held separate and apart from other City funds. All interest or other earnings on the unexpended balance in the reserve account shall be credited to the reserve account. (Added by Ord. No. 2420CCS § l, adopted 3/12113) · 9.73.070 Distribution of transportation impact fee funds. All monies and interest earnings in the transportation impact fee reserve account shall be e~pended on the construction and related design and administration costs of constmcting transportation improvements identified in the Nexus-Study, or such other repott as may be prepared from time to time to document the reasonable fair share of the costs to mitigate the transportation impacts of new development. Such expenditures may include, but are not necessarily limited to the following: (Santa Monica Supp. No. 76, 5~13) 580-12
Santa Monica Municipal Code 9.73.070 (a) Reimbursement for all direct and indirect costs incurred by the City to construct transportation improvements pursuant to this Chapter, including, but not limited to, the cost of land and right~of-way acquisition, planning, legal advice, engineering, design, construction, construction management, rriaterials and equipment. (b) Costs of issuanCe or debt service associated with bonds, notes or other security instruments issued to fund · transportation improvements identified. (c) Reimbursement for administrative costs incurred by the -~ity in establishing or maintaining the transpmiadon impact fee reserve account required b)r this Chapter, including, but not limited to, the cost of studies to establish the requisite nexus between the fee amount and the use of fee proceeds and yearly accounting and reports. (Added by Ord. No. 2420CCS § I, adopted 3/12/13) · 9.73.080 Periodic review and adjustment of transportation impact fees. To account for inflation in transportation infrastructure construction costs, the fee imposed by this Chapter shall be adjusted automatically on July 1st of each fiscal year, beginning on July I, 2013, by a percentage equal to the appropriate Construction Cost Index as published by Engineering News Record, or its successor publication, for the preceding twelve months. (Added by Ord. No. 2420CCS §I, adopted 3/12113) 9.73.090 Fee refunds. ·(a) If a transportation impact fee is collected on a project and the permit for that project later expires, is vacated or · voided before commencement of construction, the developer shall, upon request, be entitled to a refund of the unexpended transportation impact fee paid, less a portion of the fee sufficient to cover costs of collection, accounting for· and administration of the fee paid. Any request for a refund shall be submitted in writing to the Planning and Community Development Director within one year of the date that the permit expires or is vacated ·or voided. Failure to timely submit a request for refund shall constitute a waiver of any right to a refund. (b) Fees collected pursuant to this Chapter which remain unexpended or uncommitted for five or more fiscal years after deposit into the transportation impact fee reserve account may . be refunded as provided by State law. (Added by Ord. No. 2420CCS § I, adopted 3/!2/13) 9.73.100 Fee revision by resolution. The amount of the transportation impact fees and the formula for the automatic annual adjustment established by this Chapter may be reviewed and revised periodically by resolution of the City Council. This Chapter shall be considered enabling and directive in this regard. (Added by Ord. No. 2420CCS § I, adopted 3/12113) 9.73.110 Regulations. The Planning a.nd Community Development Director, or designee, is authol"ized to adopt written administrative ' . ~. regulations or guidelines that are consistent. with and that further the terms and requirements set forth within this Chapter. (Added by Ord. No. 2420CCS § I, adopted 3/12/13) 580-13 (Santa MonicaSupp. No. 76, 5-13)
EXHIBIT "F-1" LOCAL HIRING PROGRAM FOR CONSTRUCTION Local Hiring Policy For Construction. Each Developer shall implement a local hiring policy (the "Local Hiring Policy") for construction of such Developer's pmtion of the Project, consistent with the following guidelines: 1. Purpose. The purpose of the Local Hiring Policy is to facilitate the employment by Developer and its contractors at the Project of residents of the City of Santa Monica (the "Targeted Job Applicants"), and in particular, those residents who are "Low Income Individuals" (defined below) by ensuring Targeted Job Applicants are aware of Project construction employment opportunities and have a fair opportunity to apply and compete for such jobs. 2. Findings. a. Approximately 73,000-74,000 individuals work in the City. The City has a resident labor force of approximately 57,300. However, only about one-third (32.2 percent) of the City's resident labor force works at jobs located in the City, with the balance working outside of the City. Consequently, a significant portion of the City's resident and non-resident work force is required to commute long distances to find work, causing increased traffic on state highways, increased pollution, increased use of gas and other fuels and other serious environmental impacts. b. Due to their employment outside of the City, many residents of the City are forced to leave for work very early in the morning and return late in the evening, often leaving children and teenagers alone and unsupervised during the hours between school and the parent return from work outside the area. c. Absentee parents and unsupervised youth can result in increased problems for families, communities and the City as a whole, including, but not limited to, increased crime, more frequent and serious injuries, poor homework accomplishments, failing grades and increased high school dropout rates. d. Of the approximately 45,000 households in the City, thirty percent are defined as low-income households or lower, with eleven percent of these households defined as extremely low income and eight percent very low income. Approximately 7.6% of the City's residents are unemployed. e. By ensuring that Targeted Job Applicants are aware of and have a fair opportunity to compete for Project Construction jobs, this local hiring policy will facilitate job opportunities to City residents which would F-1
expand the City's employment base and reduce the impacts on the environment caused by long commuting times to jobs outside the area. 3. Definitions. a. "Contract" means a contract or other agreement for the providing of any combination of labor, materials, supplies, and equipment to the construction of the Project that will result in On-Site Jobs, directly or indirectly, either pursuant to the terms of such contract or other agreement or through one or more subcontracts. b. "Contractor" means a prime contractor, a sub-contractor, or any other entity that enters into a Contract with Developer for any portion or component of the work necessary to construct the Project (excluding architectural, design and other "soft" components ofthe construction of the Project). c. "Low Income Individual" means a resident of the City of Santa Monica whose household income is no greater than 80% of the Median Income. d. "Median Income" means the median income for the Los Angeles-Long Beach Primary Metropolitan Statistical Area, as published from time to time by the City in connection with its Affordable Housing Production Program pursuant to SMMC Section 9.56. e. "On-Site Jobs" means all jobs by a Contractor under a Contract for which at least fifty percent (50%) of the work hours for such job requires the employee to be at the Project site, regardless of whether such job is in the nature of an employee or an independent contractor. On-Site Jobs shall not include jobs at the Project site which will be performed by the Contractor's established work crew who have not been hired specifically to work at the Project site. 4. Prioritv for Targeted Job Aoolicants. Subject to Section 7 below in this Exhibit "F-1," the Local Hiring Policy provides that the Targeted Job Applicants shall be considered for each On-Site Job in the following order of priority: a. First Prioritv: Any resident of a household with no greater than 80% Median Income that resides within the Low and Moderate Income Areas identified in Figure 3-12 of the City of Santa Monica's 2013-2021 Housing Element; b. Second Prioritv: Any resident of a household with no greater than 80% Median Income that resides within the City; and c. Third Priority: Any resident of a household with no greater than 80% Median Income that resides within a five (5) mile radius of the project site. F-2
5. Coverage. The Local Hiring Policy shall apply to all hiring for On-Site Jobs related to the construction of the Project, by Developer and its Contractors. 6. Outreach. So that Targeted Job Applicants are made aware of the availability of On-Site Jobs, Developer or its Contractors shall advertise available On-Site Jobs in the Santa Monica Daily Press or similar local media and/or electronically on a city-sponsored website, if such a resource exists. In addition, Developer shall consult with and provide written notice to at least two first source hiring organizations, which may include but are not limited to the following: a. Local first source hiring programs b. Trade unions c. Apprenticeship programs at local colleges d. Santa Monica educational institutions e. Other non-profit organizations involved in referring eligible applicants for job opportunities 7. Hiring. Developer and its contractor( s) shall consider in good faith all applications submitted by Targeted Job Applicants for On-Site Jobs in accordance with their normal practice to hire the most qualified candidate for each position and shall make a good faith effort to hire Targeted Job Applicants when most qualified or equally qualified as other applicants. The City acknowledges that the Contractors shall determine in their respective subjective business judgment whether any particular Targeted Job Applicant is qualified to perform the On-Site Job for which such Targeted Job Applicant has applied. Contractors are not precluded from advertising regionally or nationally for employees in addition to its local outreach efforts. 8. Term. The Local Hiring Policy shall continue to apply to the construction of the Project until the final certificate of occupancy for the Project has been issued by the City. F-3
EXHIBIT "F-2" LOCALHiruNGPROGRAMFORPERMANENTEMPLOYMENT Local Hiring Policy For Permanent Employment. The Developer of the Commercial Phase of the Project shall implement a local hiring policy (the "Local Hiring Policy"), consistent with the following guidelines: 1. Purpose. The purpose of the Local Hiring Policy is to facilitate the employment by the commercial tenants of the Project of residents of the City of Santa Monica (the "Targeted Job Applicants"), and in particular, those residents who are "Low Income Individuals" (defined below) by ensuring Targeted Job Applicants are aware of Project employment opportunities and have a fair opportunity to apply and compete for such jobs. The goal of this policy is local hiring. 2. Findings. a. Approximately 73,000-74,000 individuals work in the City. The City has a resident labor force of approximately 57,300. However, only about one-third (32.2 percent) of the City's resident labor force works at jobs located in the City, with the balance working outside of the City. Consequently, a significant portion of the City's resident and non-resident work force is required to commute long distances to find work, causing increased traffic on state highways, increased pollution, increased use of gas and other fuels and other serious environmental impacts. b. Due to their employment outside of the City, many residents of the City are forced to leave for work very early in the morning and return late in the evening, often leaving children and teenagers alone and unsupervised during the hours between school and the parent return from work outside the area. c. . Absentee parents and unsupervised youth can result in increased problems for families, communities and the City as a whole, including, but not limited to, increased crime, more frequent and serious injuries, poor homework accomplishments, failing grades and increased high school dropout rates. d. Of the approximately 45,000 households in the City, thirty percent are defined as low-income households or lower, with eleven percent of these households defined as extremely low income and eight percent very low income. Approximately 7.6% of the City's residents are unemployed. e. By ensuring that Targeted Job Applicants are aware of and have a fair opportunity to compete for Project jobs, this local hiring policy will facilitate job opportunities to City residents which would expand the City's F-4
employment base and reduce the impacts on the enviromnent caused by long commuting times to jobs outside the area. 3. Definitions. For purposes ofthis Exhibit "F-2", the following terms have the following meanings: a. "Employer" means any tenant of a Creative Office Building. b. "Low Income Individual" means a resident of the City of Santa Monica whose household income is no greater than 80% of the Median Income. c. "Median Income" means the median income for the Los Angeles-Long Beach Primary Metropolitan Statistical Area, as published from time to time by the City in connection with its Affordable Housing Production Program pursuant to SMMC section 9.56. d. "On-Site Jobs" means all jobs on the Project site provided by Employers regardless of whether such job is in the nature of an employee or an independent contractor. 4. Prioritv for Targeted Job Aoolicants. Subject to Section 7 below in this Exhibit "F-2", the Local Hiring Policy provides that the Targeted Job Applicants shall be considered for each On-Site Job in the following order of priority: a. First Priority: Any resident of a household with no greater than 80% Median Income that resides within the Low and Moderate Income Areas identified in Figure 3-12 of the City of Santa Monica's 2013-2021 Housing Element; b. Second Prioritv: Any resident of a household with no greater than 80% Median Income that resides within the City; and c. Third Prioritv: Any resident of a household with no greater than 80% Median Income that resides within a five (5) mile radius of the project site. For purposes of this Local Hiring Policy, the Employer is authorized to rely on the most recent year's income tax records (W-2) and proof of residency (e.g. driver's license, utility bill, voter registration) if voluntarily submitted by a prospective job applicant for purposes of assessing a Targeted Job Applicant's place of residence and income. 5. Coverage. The Local Hiring Policy shall apply to all hiring for On-Site Jobs. Notwithstanding the foregoing, the Local Hiring Policy shall not apply to temporary employees utilized while a permanent employee is temporarily absent or while a replacement is being actively sought for a recently-departed permanent employee. Furthermore, the Local Hiring Policy shall not (a) preclude there-hiring of a prior employee or the transfer of an existing employee from another location or (b) apply to any employment opportunities which may require a level F-5
of confidentiality or that may not be reasonably advertised to the general public without causing harm to an Employer. 6. Recruitment. a. Local Hiring Goal-Employers shall establish a local hiring goal of 30% of the On-Site Jobs in the Project being held by Targeted Job Applicants. There shall be no penalties to the Developer or Employer, nor shall the Developer be deemed to be in default under the Development Agreement, if such goal is not achieved. Each Employer shall report its actual local hiring results to the City as part of Developer's annual report as mandated by Section 10.2 of this Agreement. b. Advanced Local Recruitment-Initial Hiring for New Office. In the event that an Employer is opening a new office of their business, Targeted Job Applicants are made aware of the availability of On-Site Jobs, at least 30 days before recruitment ("Advanced Recruitment Period") is opened up to general circulation for the initial hiring by a new office, Employer shall advertise available On-Site Jobs in the Santa Monica Daily Press or similar local media and/or electronically on a City-sponsored website, if such a resource exists. In addition, Employer shall consult with and provide written notice to at least two first source hiring organizations, which may include but are not limited to the following: i. Local first source hiring programs ii. Trade unions iii. Apprenticeship programs at local colleges iv. Santa Monica educational institutions v. Other non-profit organizations involved in referring eligible applicants for job opportunities Employer shall hold the positions open for no more than 30 days in order to allow for referrals from the first source hiring organizations. Employer shall review information provided by the selected organizations with respect to all applicants referred by such organizations and interview those individuals who, following a review of such information, are determined by the Employer to meet the Employer's written minimum qualifications for the position. The Employer shall maintain a written record explaining the reasons for not selecting any individual referred to Employer by the selected organizations who was interviewed by the Employer for the position. c. Advanced Local Recruitment-Subsequent Hiring. For subsequent On-Site Job opportunities, the Advanced Recruitment Period for Targeted Job F-6
Applicants can be reduced to at least 7 days before recruitment is opened up to general circulation. Alternatively, the Employer may also use an established list of potential Targeted Job Applicants of not more than one year old. d. Obligations After Completion of Advanced Recruitment Period. Once these advanced local recruitment obligations have been met, Employers are not precluded from adve1tising regionally or nationally for employees. 7. Hiring. Each Employer shall consider in good faith all applications submitted by Targeted Job Applicants for On-Site Jobs in accordance with their normal practice to hire the most qualified candidate for each position and shall be make good faith efforts to hire Targeted Job Applicants when such Applicants are most qualified or equally qualified as other applicants. The City acknowledges that the Employers shall determine in their respective subjective business judgment whether any particular Targeted Job Applicant is qualified to perform the On-Site Job for which such Targeted Job Applicant has applied. 8. Proactive Outreach. Developer shall designate a "First-Source Hiring Coordinator" (FHC) that shall manage all aspects of the Local Hiring Policy. The FHC shall be responsible for actively seeking partnerships with local first-source hiring organizations prior to employment opportunities being available. The FHC shall also be responsible for encouraging and making available information on first-source hiring to respective commercial tenants of the Project. The FHC shall contact new Employers on the Project site to inform them of the available resources on first-source hiring and to offer a means by which they can participate in the program. In addition to implementation of the Local Hiring Policy, the FHC can have other work duties unrelated to the Local Hiring Policy. 9. Term. The Local Hiring Policy shall apply for the Life of the Project. 10. Condition of Lease. Developer shall write the requirements of this program into any leases executed with Employers. The FHC shall reach out to Employers not less than once each calendar quarter to remind them of the programs and policies. Employers shall have ultimate responsibility for adherence to the program guidelines. Failure of an Employer to comply with the requirements of this program shall not constitute a Default by any Developer under this Agreement so long as such Employer's lease requires such compliance and such Developer is actively pursuing all necessary enforcement actions to bring such Employer into compliance with this lease provision. F-7
EXHIBIT "G" PERMITTED USES Permitted Uses consist of Creative Office Uses, Residential Uses (rental housing only), Retail Uses, Restaurant Uses, and Artist Work/Live Units as defined herein. Creative Office Uses Creative Office Uses consist of offices, production spaces, and work spaces of establishments that are in the business of the development of creative property, including but not limited to advertising, architectural services, broadcasting, communications, computer software design, entertainment, graphic design, interior design, internet content creation, landscape design, and similar uses. Residential Uses Residential Uses means market rate and affordable rental housing, including single room occupancy. Retail Uses Retail Uses include, without limitation: • Arts and crafts Shop • Att galleries • Appliance store • Appliance or electronic repair shop • Barber Shop • Bicycle Shop • Book and Stationery Store • Cell phone store • Clothing/ Apparel Store • Community meeting space • Computer I electronics service center • Convenience store • Cultural uses and facilities • Dance Studios • Day care center • Dress Shop • Dry Cleaners • Exercise facilities • Financial Planning Retail Center • Flower Shop • Furniture shops G-I
• Gift Shop o Grocery store • Hair I nail I beauty salon • Hardware store • Laundromat o Museums • Music store • Non-profit organization office, meeting and related space • Food service (including bakery, Ice cream store, yogurt store, candy store, cookie store, juice/smoothie store, coffee shops and similar uses.) • Outdoor newsstand • Package drop-off I copy center • Pet Store • Pharmacy /Drug Store • Photography or Camera Store • Print/publishing shops • Real Estate Offices • Rental Shops (including cars, bicycles, clothing, music, etc.) o Retail Bank/ ATM • Shoe Shine • Shoe Store (sale, rental or repair o Spa • Specialty service food shops • Sporting goods store • Tailor/ Dress maker • Travel Agency • US Post Office/ Air Freight/Private Mail Service Center • Weight Loss Center • Uses which are determined by the Zoning Administrator to be similar to those listed above and which are consistent with, and not more disturbing or disruptive than, permitted uses Restaurant Uses "Restaurant Uses" shall mean any building, room, space or portion thereof where food is sold for consumption on site, except for uses qualifYing as incidental food service. A restaurant may provide music or other entertainment if: (1) there is sit down meal service provided at all times while the entertainment is taking place; (2) there is no dancing or dance floor; (3) there is no cover charge or minimum drink purchase requirement; and (4) the entertainment is provided only in the dining areas. A restaurant with entertainment beyond the scope of these limitations during specified hours on a nightly, weekly, or other regular basis shall also be considered a nightclub and such entertainment use shall be prohibited unless a separate conditional use permit for that nightclub use has been obtained. G-2
Restaurant Uses shall not include "Incidental Food Service" which shall mean any use of a building, room or space for the on-site sale and consumption of food and/or beverages where less than two hundred fifty square feet (interior and exterior) is utilized for on-site consumption of any food and/or beverage, including seating, counter space, or other eating arrangement, where the number of seats does not exceed twenty and where orders for food or beverages are not taken from the table. The seating area shall be defined by fixed barriers, such as full or partial walls, fencing or planters. The consumption area cannot exceed thirty-three percent of the floor area of a primary permitted on-site use. The Parties acknowledge that the Developer may make a one-time election whether to have Restaurant Uses have the meaning as set forth above or as contained in the City's new zoning ordinance. G-3
EXHffiiT "H" INFRASTRUCTURE SECURITY SCHEDULE TEMPORARY IMPROVEMENTS H -1
SITE 1 SITE2 SITE3 SITE4 SITES TOTAL NWRI\.S)(t, ST SF UNIT COST COST SF UNIT COST COST SF UNIT COST COST SF UNIT COST COST SF UNIT COST COST 22' CUT & FILL & PRECOMPACT EXISTING SHRUBS OR GRASS REMOVAL, MIS. DEMOLITION 6369 0.75 $4,n6.75 4827 0.75 $3.620.25 3497 0.75 $2.622.75 6024 0.75 $4.518.00 8037 0.75 $6.027.75 EXISTING NATIVE SOIL REMOVAL, EXPORT OFF SITE 6359 ~s $15.922.50 4827 '·' $12,067.50 3497 >5 $8,742.50 6024 >5 $15.060.00 8037 >5 $20.092.50 PREPARED GRADE FOR SUB BASE. 90% COMPACTION 6369 0., $3.184.50 4827 o., $2,413.50 3497 05 $1.748.50 5024 M $3.012.00 8037 05 t-1.018.50 SUBTOTAL $23.883.75 $18,101.25 $13.113.75 522.590.00 $30.138.75 22' ASPHALT ROAD 4" AC ASPHALTWlTH A 8" SUB BASE 6369 '·' 41.398.50 4827 .., $31,375.50 3497 s.s $22.730.50 5024 S5 $39.156.00 8037 s.s $52.240.$0 SUBTOTAL $41.398.50 $31.375.50 $22.730.50 $39.156.00 $52.240.50 TOTAL NEBRASKA STREET COST PER SITE $65,282.25 $49,476.75 $35,844.25 $61,746..00 $82,379.25 NU1RASKI\. SiDEWALK 4' CUT & FILL & PRECOMPACT EXISTING SHRUBS OR GRASS REMOVAl. MIS. DEMOUTION 1075 0.75 $S06.25 '" 0.75 $630.75 "' 0.75 $477.00 1096 0.75 $82.2.00 1464 0.75 $1.098.00 EXISTING NATIVE SOIL REMOVAL. EXPORTOFFSfTE 1075 '·' $:<,687.50 "' '-' $2.102.50 '" >.S $1.590.00 1096 '·' $2.740.00 "" >.S $3.660.00 PREPARED GRADE FOR SUB BASE. 90%C0MPACTION 1075 o.s $537.50 "' o.s $420.50 "' o.s $318.00 1096 o.s $548.00 1464 o.s $732.00 SUBTOTAL $4.031.25 $3.153.75 $2,385.00 $4.110.00 $5,490.00 4' ASPHALT SIDEWALK 3" ACAS~HALT OVER NATIVE 1075 LS $1,612.50 "' '·' $1.26L50 "' L.S $954.00 1096 LS $1.644.00 1464 '·' $2.196.00 SUBTOTAL $1,612.50 $1,261.50 $954.00 $1,644.00 $2.196.00 CURB&GUTIER CF LF LF LF LF 6" CONCRETE CURB Wf18"GUTIER ''" '" $8.400.00 "' '" $6,390.00 "' '" $4,770.00 '" '" $8,220.00 m '" $11.310.00 SUBTOTAL $8.400.00 $6.390.00 $4.770.00 $8.220.00 $11.310.00 TOTAL NEBRASKA SIDEWALK COST PER SITE $14,043.75 $10,805.25 $8,109.00 $13,974.00 $18,996.00 -r:"','t '·;ii)'!,\'· '·;r~,,,., "'''o\J'"'";·rovn' "'(;S'"' }'""'"'" WCSli.'RN i!DEWAll( 15' CUT & FILL & PRE COMPACT EXISTING SHRUBS OR GRASS REMOVAl. MIS. DEMOLITION 4369 0.75 $3.276.75 EXISTING NATIVE SOIL REMOVAL. EXPORT OFF SITE 4369 '·' 510.92.2.50 PREPARED GRADE fOR SUB BASE. 90.,. COMPACTION 43\'19 o.s $2184.50 SUBTOTAL $16.383.75 15' ASPHALT SIDEWALK 3" AC ASPHALT OVER NATIVE 4369 ~s $6.553.50 SUBTOTAL $6.553.50 ">' '! •::ere ,. ' •·,wzc>. r,-;;.s; '·it">:>;~; '· ,1"(· OLYMPIC BLVD 'iiDl.WI\.lK s· CUT & FILL & PRECOMPACT EXISTING SHRUBS OR GRASS REMOVAL. MIS. DEMOLITION 2733 0.75 $2.049.75 1272 0.7S $954.00 1502 0.75 $1.126.50 1620 0.75 $1.215.00 3757 0.75 $2.817.75 EXISTING NATIVE SOIL REMOVAL. EXPORT OFF SITE 2733 >.S $6.832.50 1272 L5 $3.180.00 1502 >.S $3,755.00 1620 '.s $4.050.00 3757 '·' $9.392.50 PREPARED GRADE FOR SUB BASE. 90% COMPACTION 2733 o.s $1.366.50 1272 o., $636.00 1502 o.s $751.00 1620 o.s $310.00 3757 o.s $1,878.50 SUBTOTAL .$10.248.75 $4.770.00 $5.632.50 $6.075.00 $14.088.75 8' ASPHALT SIDEWALK 3' AC ASPHALT OVER NATIVE 2733 '·' $4.Q99.SO 1272 ,., $1.908.00 1502 ,., $2.253.00 1620 ,., $2.430.00 3757 ~s $5,635.50 SUBTOTAL $4.099.50 $1.903.00 $2.253.00 $2A30.00 $5.635.50 CURB& GUTIER LF LF LF LF LF 6'CONCRETE CURB W/18.GUTIER '" ;o $6.150.00 "' ;o $6.540.00 "' '" $5.730.00 "' '" .$6.350.00 "' '" $14.790.00 SUBTOTAL $6.150.00 $6.540.00 $5.730.00 $6.360.00 $14.790.00 TOTAL OLYMPIC SIDEWALK COST PER SITE .$20,498.25 ,, '~ .$13.615.50 $14,865.00 $3 514.25 v:·:,·!:c•:; ;y.,•c,·ec ''-'.; Pf.',il' ><>(,); GU~~RALCOND!T!QN:; 32.3 50.000 $16.150.00 16.2 50.000 $8.100.00 14.3 50,000 $7.150.00 " 50.000 $9.000.00 19.2 so.ooo $9,600.00 SUBTOTAL $16.150.00 $8,100.00 $7.150.00 $9,000.00 $9,600.00 IY;:r, •·· .• ,co;, ''·'!c'" '''!, '''G·I '''-J":"IV·:·• ''•\'t' 'VJ>,·,·· •Wi' e;;c TOTM COST ~S?S,Hi.?.< BERGAMOT TRANSIT VILLAGE CENTER SANTAMONICA,CA SITE COST ~TEMPORARY CONDITION 1 OF 1 Hines os.7082.100 JANUARY 8, 2014 Gensler 4
EXHIBIT "H" INFRASTRUCTURE SECURITY SCHEDULE PERMANENT IMPROVEMENTS H-2
M ~ 0 ,.., z 0 E 0 z 8 ~ z ~ w ~
Ol YMHC lltVD SIDEWALK 15' CUT& FILL & PRECOMPACT EXISTING SHRUBS OR GRASS REMOVAL, MIS. DEMOUTION 5236 0,75 $3,927.00 2665 0.75 $1.998.75 2852 0.75 $2.14&.50 3158 0.75 $2,368.50 EXISTING NATIVE SOIL REMOVAL, EXPORT OFF SITE 5236 ,., $13,090.00 2665 '·' $6,662.50 2862 ,., $7,155.00 3158 ,., $7,895.00 PREPARED GRADE FOR SUB BASE. so-.. COMPACTION 5236 o.; $2,618.00 2665 o.; $1,332.50 2862 o.; $1.431.00 3158 o.; $1,579.00 SUBTOTAL $19,635.00 $9,993.75 $10.732.50 $11.842.50 CURB & GUTTER LF LF LF LF 6"CONCRETE CURB W/18"GUTIER '" " $11,010.00 "' " $6,540.00 "' " $5,730.00 m " $6,360.00 SUBTOTAL $11,010.00 $6,540.00 $5,730.00 $6,360.00 15' CONCRETE SIDEWALK 4"PCC OVER NATIVE 5236 5.25 $27,489.00 2665 5.25 $13,991.25 2862 5.25 $15,025.50 3158 5.25 $16.579.50 SUBTOTAL $27,489.00 $13,991.25 $15,025.50 $16.579.50 TOTAL OLYMPIC SIDEWALK COST PER SfTE $5&,134.00 $30.525.00 $31,4U.OO $34,782.00 OL YMHC 8l.VD LANDSCAPE STREET SEGMENT332 QUANTITY QUANTITY QUANTITY QUANTITY 48' SOX MELALEUCA LINARIFOLIA ' 1,900 $11,400.00 ; 1,900 $5,700.00 ' 1.900 $7,600.00 ' 1,900 $7.~00.00 ALLOWANCE FOR IRRIGATION $2,200.00 $2.200.00 $2.200.00 $2,200.00 TOTAL OLYMPIC LANDSCAPE COST PER SITE $13,600.00 $7,900.00 $9.300.00 $9,800.00 ·-·.-'-'\'?k ,, v;;.s:m_wr" 1:. ,,',DS•_,~· ,-~v-"'"' v. •o>: <;I' lid!1S1 S!iXWALK 12' CUT & FILL & PRECOMPACT EXISTING SHRUBS OR GRASS REMOVAL MIS. DEMOUTION H9S 0.75 $2.548.50 EXISTING NATIVE SOIL REMOVAl, EXPORT OFF SITE 3398 ,., $8,495,00 PREPARED GRADE FOR SUB BASE. 90.. COMPACTION 339S o.s $U99.00 SUBTOTAL $l.2 742.50 CURB&GUmR LF 6" CONCRETE CURB W/18"GUTTER '" " $7,770.00 SUBTOTAL $7,770.00 12' CONCRETE SIDEWALK 4'PCCOVERNATIVE 1093 5.25 $5,738.25 SUBTOTAL $5,738.25 2\iTH 5T LANDSCAPE STREET SEGMENT 154 QUANTITY 20' WASHINGTONIA PALMS 2SOO $17,500.00 ALLOWANCE FOR IRRIGATION $3,000.00 TOTAL 26TH ST LANDSCAPE COST PER SITE $20,500.00 -,,,,: '<; T. ,,,. K~•A ,p•;.--l:-FCY'-' , . .,,~ ('o1W.f'SI'l' SHWART~IDEWALK 12' CUT & FILL & PRECOMPACT EXISTING SHRUBS OR GRASS REMOVAL MIS. OEMOUTION EXISTING NATIVE SOIL REMOVAL. EXPORT OFF SITE PREPARED GRA.DE FOR SUB BASE. 9Q.,.COMPACTION SUBTOTAL CURB & GUTTER 6' CONCRETE CURB W/18"GUTTER SUBTOTAL l2' CONCRETE SIDEWALK 4'PCCOVER NATIVE SUBTOTAL -,.T(WJ\RTUH-IDSCAPE STREET SEGMENT 373 48" BOX LOPHOSTEMON CONFERTUS AllOWANCE FOR IRRIGATION TOTAL STEWART ST LANDSCAPI: COST PER SITE "•Y'M'-' ':!'';' L\'i,\;V • AN:JS<:i>''i '()',; ''li-"-i-!'I<<'-' SlGNAl QUANTITY ALL INCLUSIVE COST ' 255.000 $255,000,00 SUBTOTAL $255,000.00 '>'~' i,\, r .. "' "''iCP ;-t,fl>" ;H-, .,.oFStTE TOTAL COST %OF SITE TOTAL COST %OF SITE TOTAL COST %0FSfTE TOTAL COST GENERALCONDITJONS m 100,000 $32.300.00 16.2 100,000 $16,200.00 14.3 100,000 $14.300.00 " 100,000 $18,000.00 SUBTOTAL $32.300.00 $16.200.00 $14,300.00 $1&,000.00 BERGAMOT TRANSIT VILLAGE CENTER SANTAMONICA.CA SITE COST· PERMANENT CONDITION 2 OF 3) Hines 05.7082.100 JANUARY 8, 2014 Gensler 2
$5,000.00 $5,000.00 $5,000.00 $S,OOG.OO BERGAMOT TRANSIT VILLAGE CENTER SANTAMONICA,CA SITE COST· PERMANENT CONDITION 3 OF 3 Hines 05.7082.100 JANUARY 8, 2014 Gensler 3
EXHIBIT "I" USE OF OPEN SPACE I. Bergamot Square. It is the intent of Hines and the City that "Bergamot Square" (as designated on the Project Plans) shall be accessible to the public between the hours of6:00 A.M. and II :00 P.M. and during the operating hours of the Retail Uses and Restaurant Uses, with the public having the right to use Bergamot Square for walking, strolling, reading, passive activities, and other similar activity as well as attending cultural and other special events, conducted by the owner of Site I or the Owners' Association, which are open to the public with no obligation to buy any goods or services, subject to the limitations set forth below. The Developer owning Site I and the Owners' Association shall be entitled to close Bergamot Square to the general public for events to which the general public is not permitted access regardless of whether such access is free or requires a fee for entry ("Private Events"). Developer may conduct Private Events closing the entire Bergamot Square for up to 2% of the hours that Bergamot Square is accessible to the public in each year (i.e. 17 hours x 365 days x 2% = 124 hours). Developer may also conduct Private Events closing half the Bergamot Square area for up to 2% of the hours that Bergamot Square is accessible to the public in each year. No more than 25% of the hours (i.e. 124 hours x 25% = 31 hours) that Bergamot Square may be closed can be on weekends. Developer shall provide written notice of such Private Events to the City no less than 24 hours prior to the start of the Private Event. The frequency of Private Events shall be monitored in the annual compliance report submitted by Developer. At no point may a Private Event exceed five hours per event (excluding associated set-up time). During such Private Events, Developer shall ensure that public access to operational retail and Commercial Uses on-site is not impeded. Developer may erect structures or barriers within Bergamot Square to limit general public access to Private Events provided such structures or barriers are not in violation of the provisions above. 2. The Village Mews. It is the intent of Hines and the City that the "Village Mews" (as designated on the Project Plans) shall be accessible to the public between the hours of6:00 A.M. and 11:00 P.M. and during the operating hours of the Retail Uses and Restaurant Uses, with the public having the right to use The Village Mews for access between and to the Buildings, and for walking, strolling, reading, passive activities, and other similar activity with, in each case, no obligation to buy any goods or services. The Developer and the Owners' Association shall be entitled to close "The Village Mews" as shown in Exhibit "1-2" and restrict bicycle or pedestrian traffic for Private Events. Developer may conduct Private Events closing The Village Mews for up to 2% of the hours that the Village Mews are accessible to the public in each year (i.e. 17 hours x 365 days x 2% = 124 hours). Developer may also conduct Private Events closing half the area of The Village Mews for up to 2% of the hours that The Village Mews are accessible to the public in each year. No more than 25% of the hours (i.e. 124 hours x 25% = 31 hours) that The Village Mews may be closed can be on weekends. Developer shall provide written notice of such Private Events to the City no less than 24 hours prior to the start of the Private Event. The frequency of Private Events shall be monitored in the annual compliance report submitted by Developer. At no point may a Private Event I-I
exceed five hours per event (excluding associated set-up time). During such Private Events, Developer shall ensure that public access to operational retail and Commercial Uses on-site is not impeded. Developer may erect structures or barriers within The Village Mews to limit general public access to Private Events provided such structures or barriers are not in violation of the provisions above. · 3. The Garden Passage. It is the intent of Hines and the City that the "Garden Passage" (as designated on the Project Plans) shall be accessible to the public between the hours of6:00 A.M. and 11:00 P.M. and during the operating hours of the Retail Uses and Restaurant Uses, with the public having the right to use The Garden Passage for access between and to the Buildings, and for walking, strolling, reading, passive activities, and other similar activity with, in each case, no obligation to buy any goods or services. The Developer and the Owners' Association shall be entitled to close "The Garden Passage" as shown in Exhibit "1-3" and restrict bicycle or pedestrian traffic for Private Events. Developer may conduct Private Events closing The Garden Passage for up to 2% of the hours that The Garden Passage is accessible to the public in each year (i.e. 17 hours x 365 days x 2% = 124 hours). Developer may also conduct Private Events closing half the area of The Garden Passage for up to 2% of the hours that The Garden Passage are accessible to the public in each year. No more than 25% of the hours (i.e. 124 hours x 25% = 31 hours) that The Garden Passage may be closed can be on weekends. Developer shall provide written notice of such Private Events to the City no less than 24 hours prior to the start of the Private Event. The frequency of Private Events shall be monitored in the annual compliance report submitted by Developer. At no point may a Private Event exceed five hours per event (excluding associated set-up time). During such Private Events, Developer shall ensure that public access to operational retail and Commercial Uses on-site is not impeded. Developer may erect structures or barriers within The Garden Passage to limit general public access to Private Events provided such structures or barriers are not in violation of the provisions above. 4. The Green. It is the intent of Hines and the City that the "Green" (as designated on the Project Plans) shall be accessible to the public between the hours of 6:00A.M. and 11:00 P.M. and during the operating hours of the Retail Uses and Restaurant Uses, with the public having the right to use The Green for walking, strolling, reading, passive activities, and other activity customary in park space with, in each case, no obligation to buy any goods or services. The Developer and the Owners' Association shall be entitled to close The Green for Private Events. Developer may conduct Private Events closing The Green for up to 2% of the hours that The Green is accessible to the public in each year (i.e. 14 hours x 365 days x 2% = 102 hours). Developer may also conduct Private Events closing half of The Green for up to 2% of the hours that The Green is accessible to the public in each year. No more than 25% of the hours (i.e. 102 hours x 25% = 26 hours) that The Green may be closed can be on weekends. Developer shall provide written notice of such Private Events to the City no less than 24 hours prior to the start of the Private Event. The frequency of Private Events shall be monitored in the annual compliance report submitted by Developer. At no point may a Private Event exceed five hours per event (excluding associated set-up time). During such Private Events, Developer shall ensure that public access to operational retail and Commercial Uses on-site is not impeded. Developer may erect structures or barriers within The Green I-2
to limit general public access to Private Events provided such structures or barriers are not in violation of the provisions above. 5. Stewatt Crossing. It is the intent of Hines and the City that "Stewart Crossing" (as designated on the Project Plans) shall be accessible to the public between the hours of6:00 A.M. and 11:00 P.M. and during the operating hours of the Retail Uses and Restaurant Uses, with the public having the right to use Stewart Crossing for walking, strolling, reading, passive activities, and other activity customary in park space with, in each case, no obligation to buy any goods or services. The Developer and the Owners' Association shall be entitled to close Stewart Crossing for Private Events. Developer may conduct Private Events closing Stewart Crossing for up to 2% of the hours that Stewatt Crossing is accessible to the public in each year (i.e. 14 hours x 365 days x 2% = 102 hours). Developer may also conduct Private Events closing half of Stewart Crossing for up to 2% of the hours that Stewart Crossing is accessible to the public in each year. No more than 25% of the hours (i.e. 102 hours x 25% = 26 hours) that Stewart Crossing may be closed can be on weekends. Developer shall provide written notice of such Private Events to the City no less than 24 hours prior to the start of the Private Event. The frequency of Private Events shall be monitored in the annual compliance report submitted by Developer. At no point may a Private Event exceed five hours per event (excluding associated set-up time). During such Private Events, Developer shall ensure that public access to operational retail and Commercial Uses on-site is not impeded. Developer may erect structures or barriers within Stewart Crossing to limit general public access to Private Events provided such structures or ban·iers are not in violation of the provisions above. 6. General Limitations on Use. The public's use of Bergamot Square, The Village Mews, The Garden Passage, The Green, and Stewart Crossing (collectively, the "Open Space"), shall be subject to the following limitations: (a) Nothing in this Agreement or in the Project Plans shall be deemed to mean that any portion of the Open Space constitutes a public park or is subject to legal requirements applicable to a public park or other public space. The Open Space shall remain the private property of the applicable Developer with members of the public having only a license to occupy and use those areas of the Project in a manner consistent with reasonable rules and regulations established from time to time by such Developer and the Owners' Association. (b) Developers and the Owners' Association shall have the right to enforce reasonable security measures, including limiting public access to any portion of Bergamot Square, The Village Mews, The Garden Passage, The Green, and Stewatt Crossing between the hours of 11:00 P.M. and 6:00A.M. (c) Nothing herein shall give members of the public the right, without the prior written consent of the owner of the applicable Parcel or the Owners' Association, which consent may be conditioned or withheld in such Developer's or the Owners' Association sole discretion, to engage in any other activity in the open space other than described in Sections I to 5 above, as applicable, including, without limitation I-3
(i) cooking, dispensing or preparing food, (ii) selling any item or engaging in the solicitation of money, signatures or other goods or services, (iii) sleeping or staying overnight, (iv) using sound amplifying equipment, and (v) engaging in any illegal, dangerous or other activity that such Developer or the Owners' Association reasonably deems to be inconsistent with the other uses in the Project or with the use of the open space by other members of the public for the permitted purposes, such as excessive noise or boisterous activity, bicycle or skateboard riding, skating or other similar activity, dressing inappropriately, being intoxicated, having offensive bodily hygiene, or having shopping carts or other wheeled conveyances (except for wheelchairs and baby strollers/carriages). Such Developer or the Owners' Association shall retain the right to cause persons engaging in any such conduct to be removed from the Property. Should any such persons refuse to leave the Property, they may be deemed by Developer to be trespassing and Developer may contact local law enforcement to request that appropriate law enforcement actions be taken. The Developers and the Owners' Association shall be entitled to establish and post rules and regulations for use of the all open space consistent with the foregoing. (d) Nothing in this Exhibit "I" is intended to limit the rights of any member of the public to use the Open Space for any purpose which is protected by the United States Constitution, the California Constitution or any other applicable federal or California law that overrides the rights granted to Developer and the Owner's Association under this Development Agreement with respect to limitations on use of the Open Space. I-4
EXHIBITI-1 BERGAMOT SQUARE (31,675 SF) SITE 1 I-5
EXHIBITI-2 THE VILLAGE MEWS (16,500 SF) SITE 2 I-6
EXHIBITI-3 THE GARDEN PASSAGE (12,604 SF) ..::1" IJ.I 1--V') I-7
EXHIBIT I-4 THE GREEN (19,500 SF) I-8
EXHIBIT "1-5" STEWART CROSSING (6,000 SF) I-9
EXHIBIT "J" FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENT Recording Requested By and When Recorded Mail To: [Name and address of Assignor] ASSIGNMENT AND ASSUMPTION AGREEMENT This ASSIGNMENT AND ASSUMPTION AGREEMENT ("Agreement") is made and entered into by and between a ____ _ --------~·("Assignor"), and a ________ ("Assignee"). RECITALS A. The City of Santa Monica ("City") and [Assignor] [If Hines is the Assignor] [Hines 26 1 h Street, LLC, a Delaware limited liability company ("Hines"),] [If another party is the Assignor] entered into that certain Development Agreement dated ---:--:--:---:-c:-' 2014 (the "Development Agreement"), with respect to the real property located in the City of Santa Monica, State of California more particularly described in Exhibit "A" attached hereto (the "Project Site"). B. [Assignor][Hines] obtained from the City certain development approvals and permits with respect to the development of the Project Site, including without limitation, approval of the Development Agreement and a vesting parcel map for the Project Site (collectively, the "Project Approvals"). [C Assignor has acquired that portion of the Project Site described in Exhibit "B" attached hereto (the "Property")][Ifthe Assignor is a party other than Hines]. [C][D].Assignor intends to sell, and Assignee intends to purchase, the [Project Site] [Property]. [D][E].In connection with such purchase and sale, Assignor desires to transfer all of the Assignor's right, title, and interest in and to the Development Agreement and the Project Approvals with respect to the [Project Site ][Property]. Assignee desires to accept such assignment from Assignor and assume the obligations of Assignor under the Development Agreement and the Project Approvals with respect to the [Project Site] [Property]. THEREFORE, the parties agree as follows: 1. Assigrunent. Assignor hereby assigns and transfers to Assignee all of Assignor's right, title, and interest in and to the Development Agreement and the Project Approvals with respect to the [Project Site][Property]. Assignee hereby accepts such assigrunent from Assignor. J-1
2. Assumption. Assignee expressly assumes and agrees to keep, perform, and fulfill all the terms, conditions, covenants, and obligations required to be kept, performed, and fulfilled by Assignor under the Development Agreement and the Project Approvals with respect to the [Project Site][Property). 3. Effective Date. The execution by City of the attached receipt for this Agreement shall be considered as conclusive proof of delivery of this Agreement and of the assignment and assumption contained herein. This Agreement shall be effective upon its recordation in the Official Records of Los Angeles County, California, provided that Assignee has closed the purchase and sale transaction and acquired legal title to the [Project Site) [Property). IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth next to their signatures below. "ASSIGNOR" a ____________________ ___ By: __________________ __ Name: __________________ __ Title: __________________ __ "ASSIGNEE" a ______________________ __ By:-----------Name: Title: ---------------------J-2
RECEIPT BY CITY The attached ASSIGNMENT AND ASSUMPTION AGREEMENT is received by the City of Santa Monica on this_ day of __________ _ CITY OF SANTA MONICA By: -~~----------------Planning Director J-3
EXHIBIT "K" ALCOHOL CONDITIONS (1) The primary use of the Restaurant premises shall be for sit-down meal service to patrons. Alcohol shall not be served to persons except those intending to purchase meals in a dining area. (2) If a counter service area is provided in the Restaurant, a patron shall not be permitted to sit at the counter unless the patron is ordering a meal in the same manner as patrons ordering meals at the table seating. The seats located around the counter service area cannot be used as a waiting area where patrons may drink before being seated or as a bar where beverages only are served. (3) Window or other signage visible from the public right-of-way that advertises the Restaurant's beer or alcohol shall not be permitted. ( 4) Customers shall be petmitted to order meals at all times and in all areas of the Restaurant where alcohol is being served. The Restaurant shall serve food to patrons during all hours the restaurant is open for customers. (5) The Restaurant shall maintain a kitchen or food-serving area in which a variety of food is prepared on the premises. ( 6) Take out service from the Restaurant shall be only incidental to the primary sit-down use and does not include for consumption the sale or dispensing of alcoholic beverages or beer or wine. (7) No alcoholic beverages shall be sold or dispensed for consumption beyond the Restaurant premises. (8) Except for special events, alcohol shall not be served by the Restaurant in any disposable containers such as disposable plastic or paper cups. (9) No video or other amusement games shall be permitted in the Restaurant. (1 0) No dancing is permitted at the Restaurant. Live entertainment may only be permitted in the manner set forth in SMMC Section 9.04.02.030.730 or any successor thereto. (11) Any minimum purchase requirement may be satisfied by the purchase of beverages or food. (12) The primary use of any outdoor dining area shall be for seated meal services. Patrons who are standing in the outdoor seating area shall not be served. K -1
(13) The Restaurant operation shall at all times be conducted in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The Restaurant shall control noisy patrons leaving the Restaurant. (14) The permitted hours of alcoholic beverage service shall be 9:00AM to !2:00AM Sunday to Thursday, 9:00AM to 1:OOAM Friday to Saturday with complete closure and all Restaurant employees vacated from the Building no later than one hour after permitted hours alcoholic beverage service. All alcoholic beverages must be removed from the outdoor dining areas no later than midnight. No after hours operation of the Restaurant is permitted. (15) No exterior activity such as trash disposal, deliveries or other maintenance activity generating noise audible from the exterior of the building shall occur from ll:OOPM to 6:00AM. In addition, there shall be no disposal of bottles or noise generating trash between 11 :OOPM and 6:00AM daily. Trash containers shall be secured with locks. (16) No more than thirty-five percent (35%) of the Restaurant's total gross revenues per year shall be from alcohol sales. The Restaurant operator shall maintain records of gross revenue sources which shall be submitted annually to the City's Planning Division at the beginning of the calendar year and also available to the City and the ABC upon request. (17) Prior to issuance of Cettificate of Occupancy or business license, as applicable, a Restaurant security plan shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues. (18) Prior to issuance of Certificate of Occupancy or business license, as applicable, the Restaurant operator shall submit a plan for approval by the Planning Director regarding its employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all Restaurant employees having contact with the public and shall state management's policies addressing alcohol consumption and inebriation. The program shall require all Restaurant employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within ninety days of the date the written agreement referred to above is submitted to the Planning Director. In the case of new Restaurant employees, the employee shall attend the alcohol awareness training within ninety days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all Restaurant employees having contact with the public shall complete an alternative program approved by the Planning Director. The Restaurant operator shall provide the City with an annual report regarding compliance with this requirement. The Restaurant operator shall be subject to any future citywide alcohol awareness training program affecting similar establishments. K-2
(19) Within thirty days from the date of submission of the written agreement, the Restaurant applicant shall provide a copy of the signed agreement to the local office of the State Department of Alcoholic Beverage Control (ABC). (20) Prior to issuance of Certificate of Occupancy or business license, as applicable, the Restaurant operator shall submit a plan describing the establishment's designated driver program, which shall be offered by the operator to the establishment's patrons. The plan shall specifY how the Restaurant operator will inform patrons of the program, such as offering on the menu a free non-alcoholic drink for every party of two or more ordering alcoholic beverages. (21) In the event Restaurant operator fails to comply with any conditions of approval of this Exhibit, no further permits, licenses, approval or certificates of occupancy for the Restaurant shall be issued to such applicant until such violation has been fully remedied. (22) The Restaurant operator is on notice that all temporary signage is subject to the restrictions of the City's sign ordinance included in Exhibit "E", SMMC Article 9 (Planning and Zoning) to this Agreement. (23) The Restaurant shall at all times comply with the provisions of the Noise Ordinance (SMMC Chapter 4.12 or any successor thereto). (24) Prior to commence of alcohol service in the Restaurant, the Restaurant operator shall participate in the Santa Monica Alcohol Awareness for Retailers Training (S.M.A.A.R.T.) program conducted by the Santa Monica Police Department. (25) The Restaurant operator authorizes reasonable City inspection of the Restaurant ensure compliance with the conditions set forth in this Exhibit "K" and will bear the reasonable cost of these inspections as established by SMMC Section 2.72.010 and Resolution No. 9905 (CCS) of any successor legislation hereto. These inspections shall be no more intrusive as necessary to ensure compliance with this Exhibit "K". Acknowledgement of Restaurant Operator I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the approval to dispense alcoholic beverages. Print Name and Title Date Signature K-3
EXHIBIT "L" STUDENT INTERNSHIP PROGRAM Student Internship Program. Upon completion of any Building in the Creative Office Phase, the Developer of the Creative Office Phase ("Developer") shall implement a student internship program (the "Internship Program"), consistent with the following guidelines: 1. Purpose. The purpose of the Internship Program is to increase internship opportunities for Santa Monica residents attending high school in Santa Monica or Santa Monica College ("Targeted Internship Applicants"). 2. Definitions. a. "Employer" means an organization located in Santa Monica. b. "Internship" means a paid (unless taken for school credit) Seasonal, part time, or full time position for which a high school and/or college student would be qualified to perform the duties associated with the position. c. "Seasonal" means a duration of less than one year. 3. Outreach. a. Developer shall designate a "First-Source Hiring Coordinator" (FHC) that shall manage all aspects of the Internship Program. The FHC shall be responsible for reaching out to Employers to offer them infmmation about how to participate in the Internship Program. The FHC shall also be responsible for reaching out to Santa Monica College and Santa Monica high schools to provide information regarding Internship opportunities. In addition to implementation of the Internship Program, the FHC can have other work duties unrelated to the Internship Program. b. On an annual basis, the FHC shall reach out to Employers on-site and in Santa Monica inquiring into the prospective availability of Internships. The FHC shall consolidate information regarding such Internship opportunities and present it to the appropriate contact at Santa Monica high schools and Santa Monica College for circulation amongst the student body. 4. Performance Target. Developer shall provide a consolidated report to Santa Monica High School and Santa Monica College that includes a total of at least six (6) Internship opportunities per calendar year. Internship opportunities may be available either on-site or in the surrounding metro area. Developer shall have the right to offer Internships as an Employer. In the event there is insufficient demand from local students for the Internship opportunities and the Internship opportunities that are offered cannot be filled with qualified candidates (as L -1
determined at Employer's sole and reasonable discretion), Developer's obligations under this program shall be deemed to be satisfied. 5. Term. The Internship Program shall apply for the Life of the Project.. L-2
EXHIDIT "M" RESERVED M-1
z ~ ~-l !!5.1 {155>154+155+155+157) I 5 =156 155 1$4-. 1St ,I • ' r mEl (153+153+155+15fi+155}15 <155 153 153 ISJ §!!£1 nSJ+153+153+ 154+155}15 =154 15J_ 152-SITE< (152+152+153+153+ 155+155+153)17 <154 152 §l!5l {152+154+154+~55+ 153+153){€ <154 (-0 h •· ·; ~;.,.;~2;,,:~,,;;(l~~~f~~2=:;;:; :~;~~jSf {f::~::~=s~;~·i';?t:7-7-::--' c:.~·~. -~· _.:.;,~;,·;;;,;~~' ' .,. -... . > y I ' I rrsr,rss--~. ·t·. -,;;..;..;...-GRADE AVERAGE SITE1:~ SITE2:~SITE 3 : -~.1M SITE 4 = -ei5!L-SITE 5 = ~.5!1. .. \I ·-1 c '«•5:Jc-. \[ {15J.;.154JI2~ ! ~ I {1$1-..15$!;2::= "''l·'x:: "'-~, -; _,_J, --."-( -1SJ •. j ' Yt<o • 15J·--;.-.::1r .. _if·,:•:·-• ~ h ''"<~ \_ y•'c' '41;+f54if2-.. ----' e/ •' .. .--• l !1 ---,~~~ ::...~·· t {\ -15J I 53'156)12.1 -I\ I \""-· ~---' ' , So • :~' ~:-; ~ i} J;;,;;~. -~ ------~--"-1-"s --·1S-t-rs.: :;r§q_-156~ .;; ---:,,~w.~ ~ t:l ~ ; ~ ~
EXIllBIT "0" CONCEPTUAL TYPICAL STREET SECTIONS FOR TEMPORARY STREET IMPROVEMENTS 0-1
'· ' l " l'~i " ;J~ !~"' l!j~ .!!.,..-, ~~~Hl !jj;'!~ ~.3i2M i .. ! .t: N "' 01 ' Q.) iii J .,; .$ = ' 0 01 l i l :~~ 0 ~ ' •" ell <I j ! ,, H • 0 m ,! ,, :::~ ., ,, ~~ IIi ~~~
EXHIBIT "0" CONCEPTUAL TYPICAL STREET SECTIONS FOR PERMANENT STREET IMPROVEMENTS 0-2
OLYMPIC SIDEWALK+ LANDSCAPE sc.o.!.E' ~1<'•1'1)" 3 STEWART SIDEWALK+ LANDSCAPE St:AL"' ~0'•1\Q' 5 i1!¥ ce~<cRmsro<wALK WESfERN STREET+ SIDEWALK+ LANDSCAPE SCALE' ~6'•1'-o' 2 26TH ST SIDEWALK+ LANDSCAPE st:ALE: ~~~··:'.o-4 -----------------------·~ ~'"'!~" ,,[Jsq!3 J::LL!:'J.!r;JJJ-:-rMt-:Jll-:~m' ~~;::::~J::::;LLI.:--~ 'II " " ~~~~~][~1mWrlt~Jmlr:~rm ,~ >SI'K\l.1 R"'D CONC>1UE SIOEW"~ NEBRASKA STREET+ SIDEWALK+ LANDSCAPE 1 ~~~;i;'~~~~~. SCA!.E: ~!1'•1\Q' ~G<Nw; Hines Gensler .... S.FI:>worS!mrl Su0o1JOO '-"" Angdo,, CA 90071 Tot• 21J..6!9.5l00 fd" 21)..<520.142.1 lOO~. F;&""""S1Toot Lo•AnfiOI"'-CA 90011 Tdt 21)..127..1600 f~'< l1)..1Z7..1GOI 1.6. ~"'' Otlttlu•tDmn~~" h<"'~" s:rr~ ls.o!lll.,t~rt [Prolt~flal,· ~~-tl~ooiLIMtitCor-"' [Proi•~IOJ .. tr 01.7\112,100 [O.ooM~Ion S't'REEi'SEtii6iiSjER~~~ooro~OIT10N BD 09.3
EXHIBIT "P-1" NEBRASKA EXTENSION EASEMENT AREA ( 45,206 SF) p-I
EXHIBIT "P-2" OLYMPIC SIDEWALK EASEMENT AREA (9,884 SF) P-2
EXlllBIT "P-3" NEW WESTERN STREET EASEMENT AREA (16, 798 SF) -o<<)l!.o,NC:!~~~~~a A~~" _--"'l~t,-·~ ~~ ---;<m .. l·-~··"· -/*ijii'; ""''! \ vo l"rcr tll'<Ci / ' --" ' l_:» ----------__., -~·~-·-"' ,~~~··~--• ' I i i J Jf\' ;L·T·--a ~,1~ •.r.· L J , ~ r;;lG;~ ,LT __ _, _____ _ -WESTERN STREET EASEMENT AREA 16,798SF I p-3 •
EXIDBIT "P-4" NEW EASTERN STREET EASEMENT AREA (1 0,924 SF) P-4
EXIllBIT "P-5" 26TH STREET SIDEWALK EASEMENT AREA (1,798 SF) . 12'-0" • --l--i-'l-26TH STREET EASEMENT AREA 1,798 SF ~·· ' 0 0 P-5
EXHIBIT "Q" DEVELOPMENT STANDARDS Section 1. Exceptions to Building Height. The following shall he permitted to exceed the maximum permitted Building Height: (1) Vents, stacks, ducts, skylights and steeples provided such projections do not extend more than five feet above the maximum permitted Building Height. (2) Legally required parapets, fire separation walls, and open work safety guard rails that do not exceed forty-two inches in height. (3) Elevator shafts, stairwells, or mechanical room enclosures above the roofline if: (A) The enclosure is used exclusively for housing the elevator, mechanical equipment, or stairs. (B) The elevator shaft does not exceed fourteen feet in height above the roofline and the stairwell enclosure does not exceed fomteen feet in height above the maximum permitted Building Height. (C) The area of all enclosures and other structures identified in paragraph (I) above that extend above the roofline shall not exceed twenty-five percent of the roof area. This limitation shall not apply to solar energy systems. (D) The mechanical equipment is screened in conformance with the Zoning Ordinance. (E) The mechanical equipment enclosure does not exceed twelve feet in height above the maximum permitted Building Height. (4) The screening required pursuant to the Zoning Ordinance of tanks, ventilating fans, or other mechanical equipment required to operate and maintain the Building provided the total area enclosed by all screening does not exceed thirty percent of the roof area. (5) Chimneys may extend no more than five feet above the maximum permitted Building Height. ( 6) Solar energy systems pursuant to the Zoning Ordinance. Q -1
(7) One standard television receive-only nonparabolic antenna and one vertical whip antenna may extend no more than twenty-five feet above the roofline, provided that they are not located between the face of any Building and any public street or in any required front or side yard setback. Section 2. Floor Area. The total gross horizontal areas of all floors of a Building, including usable basements and all areas measured from the interior face of exterior walls, or a wall separating two Buildings excluding: (a) Stairways and stairwells; (b) Elevators, elevator equipment rooms and elevator shafts; (c) Ramps to a subterranean or semi-subterranean parking structure or ramps between floors of a parking structure provided the ramp does not accommodate parking; (d) Unenclosed decks, balconies and platforms not used for commercial or restaurant activity; (e) Courtyards, arcades, atria, paseos, walkways and corridors open to the outdoors whether or not covered by a roof provided they are not used for commercial or restaurant activity; (f) The volume above interior courtyards, atria, paseos, walkways and corridors whether covered or not; (g) Subterranean and semi-subterranean parking structures used exclusively for parking and loading and unloading; (h) Loading docks open or covered by a roof or canopy, but otherwise unenclosed and used exclusively for loading and unloading; and (i) Mechanical equipment rooms, electrical rooms, telephone rooms, and similar space, if located below grade. Floor area shall include those areas occupied by the following: (a) Restrooms, lounges, lobbies, kitchens, storage areas, and interior hallways and corridors; (b) The floor area of interior courtyards, atria, paseos, walkways and corridors covered by a roof or skylight; Q-2
Section 3. Floor Area Ratio (FAR). The Floor Area of all Buildings on the parcel divided by the parcel area. Section 4. Grade. The average elevation of the ground level of the parcel surface in its natural state as measured at the intersection of the rear and front setback lines (if any) with the side setback lines of the parcel. Q-3
Approved and adopted this 11th day of February, 2014. State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2454 (CCS) had its introduction on February 4, 2014, and was adopted at the Santa Monica City Council meeting held on February 11, 2014, by the following vote: Ayes: Councilmembers: Davis, Holbrook Mayor ProTem O'Day, Mayor O'Connor Noes: Councilmembers: McKeown, Vazquez, Winterer Absent: Councilmembers: None A summary of Ordinance No. 2454 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: · Sarah P. Gorman, City Clerk