O2576City Council Meeting: June 12, 2018 Santa Monica, California
ORDINANCE NUMBER Z5--7 CS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADOPTING CHANGES, CORRECTIONS, AND CLARIFICATIONS
TO THE CITY'S ZONING ORDINANCE, CHAPTERS 9.01 THROUGH CHAPTER 9.52
OF ARTICLE 9 OF THE SANTA MONICA MUNICIPAL CODE
WHEREAS, Chapters 9.01 through 9.52 of Article 9 of the Santa Monica Municipal
Code constitute the City's Zoning Ordinance; and
WHEREAS, on June 23, 2015, the City Council adopted a new Zoning Ordinance
that became effective on July 24, 2015; and
WHEREAS, since the adoption of the Zoning Ordinance and through its
implementation to date, staff has identified unintentional errors, inconsistencies, or
omissions that require minor changes, corrections, or clarifications, as well as policy
issues that require further discussion and analysis; and
WHEREAS, on May 24, 2016, June 28, 2016, and February 14, 2017, following
Planning Commission review and recommendations, the City Council adopted minor
clerical changes, corrections and clarifications to the Zoning Ordinance; and
WHEREAS, on August 2, 2017, the Planning Commission preliminarily discussed
additional Zoning Ordinance policy issues and identified two groupings of policy issues,
the first of which was adopted by City Council at its December 5, 2017, meeting; and
1
WHEREAS, the Planning Commission conducted a duly noticed public hearing on
April 18, 2018, and, after considering oral and written testimony regarding additional
proposed amendment to the Zoning Code, made the following findings:
1. The proposed amendments to the Zoning Ordinance are consistent in
principle with the General Plan and any applicable specific plan, in that the amendments
do not substantively affect policy decisions made with the City Council's adoption of the
Zoning Ordinance and represent policy changes, corrections, and clarifications to the
standards and regulations within the Zoning Ordinance.
2. The proposed amendments to the Zoning Ordinance will promote the
growth of the City in an orderly manner and promote and protect the public health, safety,
and general welfare, in that the amendments maintain the existing policies, standards,
and regulations of the Zoning Ordinance that promote and protect the public health,
safety, and general welfare; and
WHEREAS, after making the above referenced findings, the Planning Commission
made a recommendation that the City Council adopt the proposed Zoning Ordinance
amendments; and
WHEREAS, the City Council conducted a duly noticed public hearing on May 22,
2018, to consider the findings and recommendations of the Planning Commission, and
desires to adopt the proposed Zoning Ordinance amendments set forth in Section 2,
below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
7
SECTION 1. Based upon the oral and written testimony presented to the City
Council at the public hearing on May 22, 2018, the City Council hereby makes the
following findings:
1. The proposed amendments to the Zoning Ordinance are consistent in
principle with the General Plan and any applicable specific plan, in that the amendments
do not substantively affect policy decisions made with the City Council's adoption of the
Zoning Ordinance and represent policy changes, corrections, and clarifications to the
standards and regulations within the Zoning Ordinance.
2. The proposed amendments to the Zoning Ordinance will promote the
growth of the City in an orderly manner and promote and protect the public health, safety,
and general welfare, in that the amendments maintain the existing policies, standards,
and regulations of the Zoning Ordinance that promote and protect the public health,
safety, and general welfare; and
SECTION 2. The Santa Monica Municipal Code Section 9.08.030 is hereby
amended to read as follows:
Table 9.08.030 prescribes the development standards for the Multi -Unit
Residential Districts. Additional regulations are denoted with Section numbers in the right
hand column or with individual letters in parentheses. Section numbers refer to other
Sections of this Ordinance, while individual letters inparentheses refer to subsections
that directly follow the table.
3
Minimum Parcel
5,000
Size (sq. ft.)
Chapter 9.23,
Provision of
Maximum Parcel
See 9.21.030(B)(C)
Size (sq. ft.)
Community
Community
Minimum Parcel
50
Width (ft.)
Benefits
Minimum Parcel
100
Depth (ft.)
1,500
1,250
Minimum Parcel Area (sq.
ft.) per Unit
Tier 1—Base
Standard
5,000
5,000
9.21.030(B)(C)ISee 9.21.030(B)(C)
50 1 50
100 1 100
For parcels
consolidated
to provide
courtyards,
the maximum
allowable
number of
2,000 (or 4 total 1,500 (or 5 total 1,250 (or 6 total units shall be
units, whichever is units, whichever is units, whichever is based on the
less) less) less) total
maximum
number of
units allowed
on each of
the parcels
prior to
Tier 2—With
Chapter 9.23,
Provision of
NA
1,250
900
Community
Community
Benefits
Benefits
100% Affordable
1,500
1,250
900
Housing Projects
11
Maximum Number of Stories
Tier 1—Base
2
2
3
Standard
Tier 2—With
Chapter 9.23,
Provision of
NA
3
4
Community
Community
Benefits
Benefits
100% Affordable
No limit on number of stories as long as building complies
Housing Projects
with height limit.
Maximum Building Height (ft.)
Tier 1—Base
30. See (B)
30. See (B)
30. See (B)
Standard
Tier 2—With
Chapter 9.23,
Provision of
NA
40. See (B)
45. See (B)
Community
Community
Benefits
Benefits
100% Affordable
30. See (B)
40. See (B)
45. See (B)
Housing Projects
Maximum Parcel Coverage
Ground Floor
45
50
50
Upper Stories (%
80 - 2nd flr.
of allowable
90 - 2nd flr.
90 - 2nd/3rdflr.
60 - 3rd flr.
ground floor
50 - 4th flr.
coverage)
Additional
Stories
Authorized for
100% Affordable
90
90
50
Housing Projects
(% of ground
floor coverage)
5
Minimum Setbacks
20 20 20
Front (ft.) See (C)(E) See (C)(E) See (C)(E)
Interior Side (ft.)—
8
8
8
Parcels 50 feet or
See (E)
See (E)
See (E)
more in width
Interior Side (ft.)—
4, or 16% of parcel
4, or 16% of parcel
4, or 16% of parcel
Parcels less than
width, whichever is
width, whichever is
width, whichever is
50 ft in width
greater. See (E)
greater. See (E)
greater. See (E)
Street Side (% of
15
15
15
parcel width)
See (C)(E)
See (C)(E)
See (C)(E)
Rear (ft.)
15
15
15
See Sections 9.28.070, Location of Parking and 9.28.120,
rking
Parking Design and Development Standards
Transition
Requirements See (D) See (D) See (D)
Adjacent to R1
District
Minimum Outdoor
Living Area per Un
(sq. ft.)—Sites with
Three or More
Units
Private
Total
Courtyards—
Parcels over 99
feet in width
60
150
No less than 10%
of the total parcel
area.
See (F)
60
150
No less than 10%
of the total parcel
area.
See (F)
0
60
100
No less than 10%
of the total parcel
area.
See (F)
Section
9.21.090,
Outdoor
Living Area
Minimum Planting IChapter 9.26,
Area (% of parcel 30. See (G) 25. See (G) 20. See (G) Landscaping
area)
Additional Stanclards
Accessory Section 9.21.020, Accessory Buildings and Structures
Structures
Exceptions to Section 9.21.060, Height Exceptions
Height Limits
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges
Home Occupation Section 9.31.160, Home Occupation
Landscaping Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Off -Street Parking
Chapter 9.28, Parking, Loading, and Circulation
and Loading
Projections into
Section 9.21.110, Projections into Required Setbacks
Required Setbacks
Screening
Section 9.21.140, Screening
Signs
Chapter 9.61, Signs
Solar Energy
Section 9.21.150, Solar Energy Systems
Systems
Refuse and
Recycling
Section 9.21.130, Resource Recovery and Recycling Standards
Screening and
Enclosure
A. Development Standards, Specified Areas. The following development
standards shall govern in the areas defined below.
7
1. For Multi -Unit Residential District parcels located north of the Pier and west
of Ocean Avenue, the following development standards shall apply in lieu of the
corresponding land use regulations specified in Table 9.08.020 and development
standards specified in Table 9.08.030:
a. Uses.
i. Permitted Uses: One Single -Unit Dwelling per lot placed on
a permanent foundation (including Manufactured Housing);
Accessory Dwelling Unit; Single -Room Occupancy Housing;
Congregate Housing; Senior Citizen .Multiple -Unit Residential;
Senior Group Residential; Family Day Care, Small; Supportive
Housing; Transitional Housing; Hospice, Limited; One-story
accessory building and structures up to 14 feet in height; Public parks
and playgrounds.
ii. Uses Subject to Minor Use Permits: Hospice, General;
One-story accessory living quarters up to 14 feet in height on parcels
having a minimum area of 10,000 SF.
iii. Conditionally Permitted Uses: Bed and Breakfast; Day Care
Center; Group Residential; Residential Care Facility; Offices and
meeting rooms for charitable, youth, and welfare organizations;
Schools.
b. Maximum Building Height. Maximum building height shall be 40
feet, except that:
H
L No portion of the 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 30 feet, and then running parallel with the side parcel
lines to a point located 5 feet in height above the top of the Palisades
bluff immediately behind the pedestrian railing.
ii. No portion of the building above 23 feet for a flat roof, and 30
feet for a pitched roof may exceed 30 feet in width. Multiple
projections above 23 feet for a flat roof and 30 feet for a pitched roof
shall be separated by a minimum 20 -foot wide unobstructed view
corridor. No projections, connections, or mechanical equipment may
be placed in the view corridor.
C. Maximum Unit Density. For parcels 4,000 square feet or more, the
maximum unit density shall be one dwelling unit for each 1,500 square feet
of parcel area, or 4 total units, whichever is less. For parcels less than 4;000
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 40 feet
or less in width.
d. Maximum Parcel Coverage. 50 percent of the parcel area.
e. Front Yard Setback. The minimum required front yard setback shall
be either 20 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.
N
At least 30 percent of the building elevation above 14 feet in height shall
provide an additional 5 -foot average setback from the minimum required
front yard setback.
f. 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.
g. 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 50 feet in width, the minimum required side yard shall be 10
percent of the parcel width, but in any event not less than 4 feet:
5' + (stories x lot width)/50'
At least 25 percent of the side elevation above 14 feet in height shall provide
an additional 4 -foot average setback from the minimum required side yard
setback.
h. Minimum Parcel Size. 5,000 square feet. Each parcel shall contain
a minimum depth of 100 feet and a minimum width of 50 feet, except that
parcels existing on September 8, 1988 shall not be subject to this
requirement.
i. Development Review. Except for projects listed in Section
9.40.020(B), a development review permit shall be required for any
development of 10,000 square feet or more in floor area.
j. View Corridor. A structure with 70 square feet or more of frontage
parallel to Pacific Coast Highway shall provide an unobstructed view
10
corridor between Pacific Coast Highway and the ocean. The view corridor
shall be a minimum of 20 feet in width and 40 feet in height measured from
the property line parallel to the Pacific Coast Highway.
k. Parking. Uncovered parking may be located in the front half of the
parcel and within the minimum required front yard setback.
I. Private Open Space. Any project containing 4 or more residential
dwelling units shall provide the following minimum open space: 100 square
feet per unit for projects with 4 or 5 units, and 50 square feet per unit for
projects of 6 units or more. For purposes of this requirement, "residential
dwelling unit' shall mean any unit 376 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.
M. Projections into Beach Rear Yard Setback, For parcels one
hundred feet or less in depth, balconies, decks, porches, and similar
structures that are open and unenclosed on at least two sides shall be
allowed to extend to the rear property line in the beach rear yard setback
but not within the minimum side yard setbacks.
2. For Multi -Unit Residential District parcels bounded by Neilson Way to the
east, Ocean Park Boulevard to the south, Barnard Way to the, west, and up to and
including the parcels on the north side of Wadsworth Avenue to the north, the
following development standards shall apply in lieu of the corresponding land use
regulations specified in Table 9.08.020 and development standards specified in
Table 9.08.030:
11
a. Uses.
i. Permitted Uses: One Single Unit Dwelling per parcel on a
permanent foundation (including Manufactured Housing); one
Duplex (including a detached second unit when located on a parcel
containing one Single Unit Dwelling) on any legal parcel that existed
on August 31, 1975; Family Day Care, Small; Family Day Care,
Large; Hospice, Limited; Supportive Housing, Transitional Housing;
Public Parks and Playgrounds.
ii. Uses Subject to Minor Use Permits: One-story accessory
living quarters up to 14 feet in height on parcels having a minimum
area of 10,000 square feet; Hospice, General.
iii. Conditionally Permitted Uses: One-story accessory
buildings over 14 feet in height or two-story accessory buildings up
to a maximum of 24 feet.
b. Maximum Building Height. 2 stories, not to exceed 23 feet for a flat
roof or 30 feet for a pitched roof. A "pitched roof' is defined as a roof with at
least 2 sides having no less than one foot of vertical rise for every 3 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.
C. Maximum Unit Density. A minimum of 1,500 square feet of parcel
area for each dwelling unit, or 4 units total, whichever is less. However, one
12
duplex shall be permitted on any legal parcel that existed on August 31,
1975.
d. Maximum Parcel Coverage. 60 percent of the parcel area.
e. Minimum Parcel Size. 3,000 square feet. Each parcel shall have a
minimum depth of 100 feet and a minimum width of 30 feet, except that
parcels already developed and existing on September 8, 1988, shall not be
subject to this requirement.
f. Front Yard Setback. 10 feet.
g. Rear Yard Setback. 15 feet.
In. 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 50 feet in width, the minimum required side yard setback shall
be 10 percent of the parcel width, but in any event not less than 4 feet:
5' + (stories x lot width)/50'
L Front Yard Paving. No more than 50 percent of the area of the
required front yard setback, including driveways, shall be paved.
j. Private Open Space. Any project containing 4 or more residential
dwelling units shall provide the following minimum open space: 100 square
feet per unit for projects with 4 or 5 units, and 50 square feet per unit for
projects of 6 units or more. For purposes of this requirement, "residential
dwelling unit" shall mean any unit 376 square feet in area or larger.
13
Affordable housing projects may substitute one square foot of common
open space for each square foot of required private open space.
3. For Multi -Unit Residential District parcels bounded by Appian Way to the
east, Vicente Terrace to the south, Ocean Front Walk to the west, and Seaside
Terrace to the north, the following development standards shall apply in lieu of the
corresponding land use regulations specified in Table 9.08.020 and development
standards specified in Table 9.08.030:
a. Uses.
i. Permitted Uses: Single -Unit Dwellings placed on a
permanent foundation (including Manufactured Housing); Multi -Unit
Dwellings; Single -Room Occupancy Housing; Congregate Housing;
Senior Citizen Multiple -Unit Residential; Senior Group Residential;
Family Day Care, Small; Supportive Housing; Transitional Housing;
Hospice, Limited; One-story accessory building and structures up to
14 feet in height; Public parks and playgrounds.
ii. Uses Subject to Minor Use Permits: One-story accessory
living quarters up to 14 feet in height on parcels having a minimum
area of 10,000 square feet; Hospice, General.
iii. Conditionally Permitted Uses: Bed and Breakfast; Day Care
Center; Group Residential; Residential Care Facility; Community
Assembly; Emergency Shelter; One-story accessory buildings over
14 feet in height or two-story accessory buildings up to a maximum
of 24 feet; Offices and meeting rooms for charitable, youth, and
14
welfare organizations; Schools; Convenience Market; Bicycle and
skate rental facilities; 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 parcel in the NC
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.
b. Maximum Building Height. 2 stories, not to exceed 30 feet, except
that there shall be no limitation on the number of stories of any affordable
housing project, as long as the building height does not exceed 30 feet.
C. Maximum Floor Area Ratio. 1.0.
d. Maximum Unit Density. For projects on parcels of 4,000 square feet
or more, one dwelling unit for each 1,500 square feet of parcel area shall
be permitted, or 5 units total, whichever is less. For parcels less than 4,000
square feet, no dwelling units shall be permitted, except that one dwelling
unit may be permitted if a single -unit dwelling existed on the parcel on
September 8, 1988.
e. Maximum Parcel Coverage. 50 percent of the parcel area.
f. Minimum Parcel Size. 5,000 square feet. Each parcel shall contain
a minimum depth of 100 feet and a minimum width of 50 feet, except that
15
parcels existing on September 8, 1988 shall not be subject to this
requirement.
g. Front Yard Setback. The minimum required front yard setback shall
be either 20 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.
h. Rear Yard Setback. 15 feet.
L 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 50 feet in width, the minimum required side yard setback shall
be 10 percent of the parcel width, but in any event not less than 4 feet:
5' + (stories x lot width)/50'
j. Development Review. Except for projects listed in Section
9.40.020(6), a development review permit shall be required for any
development of 10,000 square feet or more in floor area.
k. Private Open Space. Any project containing 4 or more residential
dwelling units shall provide the following minimum open space: 100 square
feet per unit for projects with 4 or 5 units, and 50 square feet per unit for
projects of 6 units or more. For purposes of this requirement, "residential
dwelling unit" shall mean any unit 376 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.
it-
I. Upper -Level Stepback Requirements.
i. Additional Front Stepback Over 14 Feet in Height. For
new structures or additions to existing structures, any portion of the
front building elevation above 14 feet exceeding 75 percent of the
maximum buildable front elevation shall be stepped back from the
front setback line an additional average amount equal to 4 percent
of parcel depth, but in no case resulting in a requirement stepback
greater than 10 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.
ii. Additional Side Stepback Over 14 Feet in Height. For new
structures or additions to existing structures, any portion of the side
building elevation above 14 feet exceeding 50 percent of the
maximum buildable side elevation shall be stepped back from the
side setback line an additional average amount equal to 6 percent of
parcel width, but in no case resulting in a required stepback greater
than 10 feet.
iii. 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
17
are satisfied by the provision of alternative stepbacks or other
features which reduce effective mass to a degree comparable to the
relevant standard requirement.
B. Additional Stepback at Upper Stories. The maximum building height shall not
exceed 30 feet in the R2 District, 40 feet in the R3 District, and 45 feet in the R4 District,
and shall be subject to the following standards:
1. R2 District. No portion of the building volume above 23 feet shall encroach
into a daylight plane starting at 23 feet above the front setback line and sloping
upward at a 45 -degree angle toward the rear of the parcel. The 23 -foot height
measurement shall be taken from the same reference grade as determined for the
subject site pursuant to Section 9.04.050.
2. R3 District. No portion of the building volume above 35 feet shall encroach
into a daylight plane starting at 35 feet above the front setback line and sloping
upward at a 45 -degree angle toward the rear of the parcel. The 35 -foot height
measurement shall be taken from the same reference grade as determined for the
subject site pursuant to Section 9.04.050.
3. R4 District. No portion of the building volume above 40 feet shall encroach
into a daylight plane starting at 40 feet above the front setback line and sloping
upward at a 45 -degree angle toward the rear of the parcel. The 40 -foot height
measurement shall be taken from the same reference grade as determined for the
subject site pursuant to Section 9.04.050.
4. The covered portion of all stories above the second story in any multi -unit
structure shall be set back an average of 10 feet from the second floor front facade.
M
C. Front and Side Setbacks.
1. The front yard setback on Arcadia Terrace and Seaview Terrace shall be
30 feet measured from the center line of the walkway.
2. In the R2, R3, and R4 Districts, the street side setback shall be at least 15
percent of the parcel width but no less than 6 feet and is not required to exceed 10
feet.
3. Where a corner parcel in an R2, R3, or R4 District abuts a parcel in an R1
District, the street side setback shall be at least half of the required front setback
in the adjacent R1 District.
D. Transition Requirements Adjacent to R1 District. Where an R2, R3, or R4
District adjoins an R1 District, the following standards apply:
1. The maximum height within 25 feet of an R1 District is 23 feet for a building
with a flat roof. A building with a pitched roof may be built to the maximum height.
2. The building setback from an R1 District boundary shall be 10 feet for
interior side setbacks and 20 feet for rear setbacks.
3. A landscaped planting area, a minimum of 5 feet in width, shall be provided
along all R1 District boundaries. A tree screen shall be planted in this area with
trees planted at a minimum interval of 15 feet.
E. Special Project Design and Development Standards. The new construction of
or new addition to a principal building shall comply with the following standards:
1. Street -facing pedestrian entries shall not be located below grade, and any
excavation to access the entry shall be prohibited.
19
2. An additional 5 -foot setback beyond the minimum front yard setback set
forth in Section 9.08.030 is required for at least 25 percent of the width of the front
fagade. This setback shall be fully integrated into the building through balconies,
decks, or other elements that articulate the front of the building.
3. All required setbacks set forth in Section 9.08.030 shall be open to the sky
except for permitted architectural projections contained in Section 9.21.110.
4. Mezzanines shall be concealed within the building and shall not appear as
an additional story on the exterior building fagade.
5. An additional 2 -foot average side yard setback from the minimum
requirement set forth in Section 9.08.030 shall be provided at each story. Setback
areas greater than 5 feet in depth from the minimum side yard setback, or the area
used to comply with the additional setback requirements of this Section, shall not
be used to satisfy compliance with this requirement.
6. The allocation of allowable parcel coverage area shall be distributed to
provide clear 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 12 inches. However, more than one but no more than
3 units may be grouped together for the purpose of providing a shared entry,
balcony or other common exterior space.
F. Courtyards. Parcels having a width greater than 99 feet and located in the R2,
R3, or R4 District shall provide a courtyard on the lot. Courtyards shall comply with the
following design criteria:
►c
1. Courtyards shall be no less than 10 percent of the total lot area and in no
case less than 1,000 square feet with a minimum width and length of 18 feet
measured parallel to the front and side parcel lines. Required setback area shall
not count toward the minimum width and length or 1,000 square foot requirement.
2. Courtyards shall be open to the sky, but may include permitted projections
set forth in Section 9.21.110 for side yard projections. 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. A minimum of 50 percent of the courtyard's perimeter shall be enclosed by
a building.
4. Courtyards shall be visible and accessible from the sidewalk and each
ground floor unit. Courtyards shall be visible from the street with a minimum 10 -
foot wide opening that is open to the sky. For openings less than 18 feet in width
into courtyards, the depth of the opening shall not exceed twice the width of the
opening.
5. At least 50 percent of courtyard areas shall be planted pursuant to Sections
9.26.060 and 9.26.070. Planting shall be at grade or in finished planters not
exceeding 18 inches above finished grade. At least one canopy tree in a tree well
providing a minimum soil volume pursuant to Section 9.26.050(A)(3) shall be
planted in all courtyards.
6. The majority of primary entrances to all ground floor units shall be accessed
from the street frontage or courtyard.
21
G. Planting Areas. The following areas shall be landscaped and may count toward
the total area of site landscaping required by Table 9.08.030.
1. Setback Areas Adjacent to Streets. All visible portions of a required
setback area adjacent to a street that are not used for driveways or walks shall be
dedicated for planting areas or landscaping. These areas shall be planted with the
appropriate number and sizes of trees as necessary to provide shade and to
increase a project's energy efficiency. Recreational vehicles, utility trailers,
unmounted camper tops, boats, cars, trucks, motorcycles, or other vehicles shall
not be parked or stored within a required planting or landscape area.
2. Interior Side Setback Areas. At least 50 percent of each required setback
area shall be planting area, except that for parcels less than 50 feet in width, 50
percent of any one interior side setback area shall be planted.
3. Adjacent to R1 Districts. A continuous planting area having a minimum
width of 5 feet is provided along interior parcel lines when an R2, R3, or R4 District
is adjacent to an R1 District.
SECTION 3. Santa Monica Municipal Code Section 9.11.030 is hereby amended
to read as follows:
Table 9.11.030 prescribes the development standards for Commercial and Mixed -
Use Districts. Additional regulations are denoted with Section numbers in the right hand
column or with individual letters in parentheses. Section numbers refer to other Sections
of this Ordinance, while individual letters in parentheses refer to Subsections that directly
follow the table.
22
Minimum
5,000
Parcel
7500
7,500
7,500
7,500
5,000
See
5,000
Size (sq.
(E)
ft.)
Minimum
Parcel
50
50
50
50
50
50
50
Width (ft.)
Minimum
Parcel
150
1 150
150
150
100
100
100
Section
9.04.080,
Maximum FAR Determining
FAR
Tier 1—
Base 1 1.25 1 1.25 1.0 1 1.25 1 1.25 1 0.75 1 0.75
Standard
Tier 1—
Projects
Including
On -Site
Affordable 1.5
Housing in
Complianc
e with
1.5 I 1.25 1 1.5 1 1.5
Chapter 9.64,
Affordable
1.0 1.0 Housing
Production
Program
1.75
Tier 2— (2.0 if
With on-site
Provision afforda Chapter 9.23,
of 1.75 2.25 1.5 ble NA NA NA Community
Communit housin Benefits
y Benefits g
provide
d)
23
100%
Affordable 2 0
Housing
Projects
2.75 1 1.5 1 2.0
Maximum Building Height (stories/ft.)
1.75; Chapter 9.64,
2.0, on Affordable
Pico 1.25 1.25 Housing
Blvd Production
9.04.050,
Measuring
Height
Tier 1—
Base
Standard
2/32'
2/32'
2/32'
2/32'
2/32'
2/27'
2/32'
3/39' if
(3/36' if
Tier 2—
100%
on-site
Tier 1—
residen
Chapter 9.23,
Projects
3/36
tial
2/35
ble
NA
NA
NA
Community
Including
housin
Chapter 9.64,
On -Site
above
Affordable
Affordable
3/36'
ground
NA
3/36'
2/32'
2/27'
2/32'
Housing
Housing in
floor,
d)
Production
Complianc
3/35
No limit
Program
With
No limit
for all
No limit
to
NA
NA
NA
Community
e with
to
other
to
stories/
Benefits
AHPP
project
s
24
3/32'
(3/36' if
Tier 2—
on-site
With
Chapter 9.23,
Provisionafforda
3/36
3/45
2/35
ble
NA
NA
NA
Community
of
housin
Benefits
Communit
y Benefits
9
provide
d)
Tier 2—
No limit
Chapter 9.23,
With
No limit
No limit
No limit
to
NA
NA
NA
Community
Provision
to
tli
to
stories/
Benefits
24
of
stories/
stories/
stories/
32' (36'
15,000
10,000
10,000
10,000
Communit
36'
50'
35'
if on -
y Benefits
With
site
and 100%
Provision
35,000
35,000
afforda
20,000
15,000
15,000
15,000
Residentia
of
ble
I Above
Communit
housin
the
y Benefits
9
Ground
Setbacks
Minimum
provide
10
Floor
Interior
10
d)
10
10
10
See
No limit
100% No limit No limit No limit No limit to No limit No limit Chapter 9.64,
Affordable to to to to 32 ; 40' stories/ Housing
Pito to Affordable
Housing stories/ stories/ stories/ stories/ stories/ stories/ Production
Projects 47' 55' 35' 40' on co 32' 32'
Blvd Program
Minimum
Ground
Floor
Height
Maximum
Ground 16' 16' 16' 16' 16' 16' 16'
Floor
Maximum Building Footprint (sq. ft.)
Tier 1 125,000
25,000
25,000
15,000
10,000
10,000
10,000
Tier 2—
With
Provision
35,000
35,000
35,000
20,000
15,000
15,000
15,000
of
Communit
y Benefits
Setbacks
Minimum
10
Interior
10
10
10
10
10
See
10
Side and
(E)
Rear -
25
Adjacent
to
Residentia
I District
Parking See Sections 9.28.070, Location of Parking and 9.28.120,
Parking Design and Development Standards
A tive
c
Co
See
See
See
See
See (A)
See
See
O
A
(A)
(A)
(A)
(A)
(A)
al DeDesignsign
Pedestria
n Oriented(B)
See
See
See
See
See (B)
See
See
(B)
(B)
(B)
(B)
(B)
Build -to -
Line, See See See See See (C) See See
Nonreside (C) (C) (C) (C) (C) (C)
ntial Uses
Minimum Upper -Story Stepbacks (ft.)—Required Above Maximum Ground Floor Height
Street- 5' 5' 5' 5' 5' 5' 5'
Facing averag averag averag averag averag averag averag
Fagades e e e e e e e
Daylight
Plane
Adjacent
to Section
Residentia See See See See See See
I District— (D) (D) (D) (D) See (D) (D) (D) Exceptions
Interior
Height
Interior E
Side and
Rear
Setbacks
Minimum
Outdoor Section
Living 100 100 100 100 100 100 100 9.21.090,
Area (sq. Outdoor Living
ft./unit)— Area
Sites with
26
TABLii� '19
flf7 1�EV)i1�Pi�1E[��
Accessory
�TA1�R�1f�p� �4r�ir�t�c�ta1'
Food
and11�J1E10
>dSi�;
Accessory
Section 9.21.020, Accessory Buildings and Structures
Structures
Automobil
e/ Vehicle
Sales,
Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage
Leasing,
and
Storage
Exception
s to
Section 9.21.060, Height Exceptions
Height
S
Limits
Fences
Section 9.21.050, Fences, Walls, and Hedges
(Sanfa
.tLincol
Home
NC
Park
Add' "o",
S€andard
IUJi.IB<_
. -�7U8
1lAonica
_ n�
�lG
�
tMain
8/vd &
J3egulations.
�l�d
eco
Streeij
Monfan
�31vds)
a'Ave)
Three or
More
Units
Minimum
Amount
Provided
Section
as Private
60
60
60
60
60
60
60
9.21.090,
Outdoor
Outdoor Living
Living
Area
Area (sq.
ft./unit)
Additional
Standards
Accessory
Food
Section 9.31.030, Accessory Food Service
Service
Accessory
Section 9.21.020, Accessory Buildings and Structures
Structures
Automobil
e/ Vehicle
Sales,
Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage
Leasing,
and
Storage
Exception
s to
Section 9.21.060, Height Exceptions
Height
Limits
Fences
Section 9.21.050, Fences, Walls, and Hedges
and Walls
Home
Occupatio
Section 9.31.160, Home Occupation
n
Landscapi
Subsection 9.11.030(F), Chapter 9.26, Landscaping
ng and
27
Street
n 9.21.0
Parking Chapter 9.28, Parking, Loading, and Circulation
and
Loading
Projection
s into Section 9.21.110, Projections into Required Setbacks
Required
Setbacks
Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screeninq
Solar
Energy
Section 9.21.150, Solar Energy Systems
Refuse
and
Recycling Section 9.21.130, Resource Recovery and Recycling Standards
Screening
and
Enclosure
A. Active Ground Floor Design and Use.
1. Active Commercial Design. The ground -floor street frontage of new
buildings on commercial boulevards shall be designed to
accommodate commercial uses and activities, subject to the
following:
a. A minimum average depth of 40 feet, but in no case less than
25 feet, for a minimum of 60% of the ground -floor frontage.
M
b. Minimum Floor -to -Floor Heights:
i. 11 feet in all districts.
(1) Ground -Floor Street Frontages Along
Commercial Boulevards. The finished ground
floor level along the commercial boulevard shall
not exceed 18" lower or higher than the finished
grade of the adjacent sidewalk.
(2) Sloped Ground -Floor Street Frontages Along
Commercial Boulevards. On parcels with a
grade change of 10% or more along the length
of the parcel line adjacent to the commercial
boulevard, the finished ground floor level along
the commercial boulevard shall not exceed 18"
lower or 3' higher than the finished grade of the
adjacent sidewalk.
(3) Corner Parcels. For corner parcels located at
the intersection of two commercial boulevards,
the requirements of subsection (A)(1) shall
apply to the ground -floor street frontages along
both commercial boulevards.
ii. Loft spaces built within this area shall not exceed 30%
of the total floor area of the space consistent with the
definition of mezzanine.
29
C. A minimum of 70 percent of the fagade facing a commercial
street shall be transparent and include windows, doors, and
other openings between 2.5 and 8 feet above finished grade.
Openings fulfilling this requirement shall have transparent
glazing or openings that provide views into work areas,
display areas, sales areas, lobbies, or similar active spaces,
or into window displaying merchandise or other items other
than signs that are at least 3 feet deep. This requirement may
be modified by the Architectural Review Board if it can be
demonstrated that the fulfillment of this requirement materially
interferes with the project's ability to meet the requirements of
Municipal Code Chapter 8.36 — Energy Code.
FIGURE 9.11.030.A: STREET -FACING FAQADES
d. A minimum of one pedestrian entrance facing the commercial
street.
2. Active Use Requirement. The ground -floor street frontage of
buildings on commercial boulevards shall accommodate commercial
uses and activities, subject to the following:
30
r;±e: ru4rae &iaC
d. A minimum of one pedestrian entrance facing the commercial
street.
2. Active Use Requirement. The ground -floor street frontage of
buildings on commercial boulevards shall accommodate commercial
uses and activities, subject to the following:
30
a. A minimum average depth of 40 feet, but no less than 25 feet,
for a minimum of 60 percent of the ground -floor frontage, to
the maximum extent feasible.
b. Within LUCE-designated Activity Centers, and Neighborhood
Commercial Districts on Main Street and Montana Avenue,
uses within these active use areas shall be limited to the
following:
i. Cultural Facilities;
ii. Food and Beverage Sales;
iii. Eating and Drinking Establishments;
iv. Grooming and Pet Stores;
V. Banks and Credit Unions;
vi. Business Services;
vii. Commercial Entertainment, Recreation, and
Instructional Services;
viii. General Personal Services and Personal Physical
Training;
ix. General Retail Sales; and
X. Childcare Facilities.
C. In other commercial districts, the following uses and use
categories are prohibited within these active use areas:
i. Residential; and
31
ii. Offices, with the following exceptions:
(1) Creative Offices or Offices with Walk -In
Clientele; and
(2) Offices within a structure that was designed,
approved, and continuously used with office at the
ground level, facing the street.
3. 100 percent Affordable Housing Projects are exempt from the
provision of subsection A except that 100 percent Affordable
Housing Projects in the Neighborhood Commercial District shall be
subject to subsection (A)(2).
B. Pedestrian -Oriented Design
1. No more than 20 feet or 40 percent of a building's fagade, whichever
is less, may be continuous blank or featureless linear street -level
frontage.
2. New development shall incorporate the following design elements
into the street -facing fagades at the ground floor level:
a. Articulated fagades 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 juxtaposition of openings
and solid wall and/or building frame and projecting elements
such as awnings and marquees to provide shade and shelter;
32
b. 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.
3. 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. 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.
4. When provided, storefront security grates or grilles shall be located
inside exterior windows, shall be retractable into pockets or overhead
cylinders, and shall be completely concealed when retracted.
5. Alternatives to the requirements of this Section 9.11.030 may be
approved if the Review Authority finds that the proposed use has
unique operational characteristics with which providing the required
windows and openings is incompatible, and street -facing building
walls will exhibit architectural relief and detail and be enhanced with
landscaping in such a way as to create visual interest at the
pedestrian level.
33
C. Build -to Line, Nonresidential Uses. Buildings with nonresidential uses on
the ground floor and not facing a residential district shall be constructed no farther than
10 feet from the street facing property line(s) for 70 percent of linear street frontage. This
requirement may be waived or modified subject to a discretionary approval upon finding
that:
1. An alternative configuration can be approved based on the findings
in Chapter 9.43, Modifications and Waivers, and the objectives of the
Design Guidelines; and
2. Entry courtyards, plazas, small parks, entries, outdoor eating and
display areas, or other uncovered areas designed and accessible for
public use are located between the build -to line and building,
provided that the buildings are built to the edge of the courtyard,
plaza, small park, or dining area; and
3. The building incorporates an alternative entrance design that creates
a pedestrian -oriented entry feature facing the street.
D. Daylight Plane Adjacent to Residential Districts. Buildings shall not
extend above a plane starting at 25 feet in height directly above the parcel line abutting
any residentially -zoned parcel, or where there is an alley, the centerline of the alley, and
from that point, extending in at a 45 -degree angle from vertical toward the interior of the
site. The 25 -foot height measurement shall be taken from the same reference grade as
determined for the subject site pursuant to Section 9.04.050.
FIGURE 9.11.030.D: DAYLIGHT PLANE ADJACENT TO RESIDENTIAL
DISTRICTS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS
34
Y a Ott rk�r t -rx ex
E. Parcels in the NC—Main Street District.
1. Use of Rear Yard. Commercial use in the required rear yard is not
permitted. Noncommercial uses and parking are permitted in the rear
yard to the rear property line on the ground level.
2. Use of Roof in Rear Yard. No portion of the first -floor roof within 15
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 6 -foot barrier.
3. Consolidation of Parcels. Parcels shall not be consolidated nor
shall parcels be tied if such consolidation or parcel tie results in a
parcel that exceeds 6,000 square feet in size.
P. Planting Areas. The following areas shall be landscaped:
1. Setback Areas Adjoining Streets. All visible portions of a required
setback area adjoining a street that are not used for driveways or
walks shall consist of planting areas, landscape, or pedestrian
35
amenities such as entry courtyards, plazas, entries, outdoor eating
and display areas, or other uncovered areas designed and
accessible for public use.
2. interior and Rear Setback Areas. At least 50 percent of each
required interior side and rear setback area shall be a planting area.
The width of a required planting area may be reduced to less than
50 percent of the setback area but no less than 3 feet in width in one
side or rear setback area adjoining a driveway or when an approved
nonresidential accessory structure occupies a portion of the rear
setback area.
3. Adjoining R1 Districts. A continuous planting area with a minimum
width of 5 feet shall be provided along interior parcel lines when a
Mixed -Use and Commercial Districts adjoins an R1 or R2 District and
is not separated by a public or private thoroughfare.
SECTION 4. Santa Monica Municipal Code Section 9.13.030 is hereby amended
to read as follows:
Table 9.13.030 prescribes the development standards for Employment Districts.
Additional regulations are denoted with Section numbers in the right hand column or with
individual letters in parentheses. Section numbers refer to other Sections of this
Ordinance, while individual letters in parentheses refer to subsections that directly follow
the table.
36
Minimum
Parcel
15,000
15,000
7,500
Size (sq.
ft.)
Minimum
Parcel
100
100
50
Width (ft.)
Minimum
Parcel
150
150
100
Depth (ft.)
Section 9.04.080,
Maximum FAR
Determining FAR
Tier 1—
Base
1.0
1.5
1.5
Standard
Tier 2—
With
Provision
1.75
1.75
2.5
Chapter 9.23, Community
of
Benefits
Communit
y Benefits
100%
Affordable
2.25
NA
2.5
Limited to 50 or fewer units
Housing
Projects
Building Form and Location
Section 50,
Maximum Building Height (stories/ft.)
Measurinngg Height
Tier 1—
Base
2/32
2/32
3/45
Standard
Tier 2—
With
Provisio
3/45 See (A)
3/45
5/70
n of
Commu
n ity
37
Benefit
s
100%
Affordable
No limit to
NA
No limit to
Limited to 50 or fewer units
Housing
stories/45
stories/70
Projects
Minimum Setbacks (ft.)
Front and
Corner
None
None
None
Side
Interior
Side and
Rear
Adjacent to
15. See (B)
15. See (B)
15. See (B)
a
Residential
District
Sections 9.28.070, Location of Parking and 9.28.120, Parking Design and
arking
Development Standards
Minimum
Ground -
Floor
(floor -to -
floor)
11
11
NA
Height (ft.)
for
Frontages
on a
Boulevard
Maximum
Ground -
Floor
(floor -to -
floor)
16
16
NA
Height (ft.)
for
Frontages
on a
Boulevard
W
Standard 1Cy OG* HMU Additionalf,'egulations
Minimum Upper -Story Stepbacks (ft.)—Required Above Maximum Ground Floor Height
Street -
Facing 5 average 5 average NA
Fagades
Daylight
Plane
Adjacent to
Residential
District— See (C) See (C) See (C)
Interior
Side and
Rear
Setbacks
Additiohai Standards
Accessory
Food Section 9.31.030, Accessory Food Service
Service
Accessory Section 9.21.020, Accessory Buildings and Structures
Structures
Exceptions
to Height Section 9.21.060, Height Exceptions
Limits
Fences Section 9.21.050, Fences, Walls, and Hedges
and Walls
Home
Occupatio Section 9.31.160, Home Occupation
n
Landscapi Subsection 9.13.030(D), Chapter 9.26, Landscaping
ng
Lighting Section 9.21.080, Lighting
Off -Street
Parking Chapter 9.28, Parking, Loading, and Circulation
and
Loading
Parking
Structures Chapter 9.28, Parking, Loading, and Circulation
and Areas
0
Projections
into Section 9.21.110, Projections into Required Setbacks
Required
Setbacks
Signs Chapter 9.61, Signs
Screening ISection 9.21.140, Screening
Energy ISection 9.21.150, Solar Energy Systems
Refuse
and
Recycling Section 9.21.130, Resource Recovery and Recycling Standards
Screening
and
Enclosure
In those portions of the OC Districts adjacent to Ocean Park Boulevard, development
of additional floor area that requires discretionary approval shall only be permitted
after completion of a specific plan.
A. Maximum Heights. The following projects may have a maximum height of
four stories, forty-five feet:
1. Projects involving the expansion of public or private elementary and
secondary schools (Grades K through 12) existing prior to September 8,
2. Entertainment -related facilities including sound stages, movie
studios, editing facilities, post -production facilities, set construction
facilities and special effects facilities.
3. Theaters.
.N
B. Use of Setbacks Adjacent to Residential Districts. The required setback
area adjacent to a Residential District shall not be used for parking or loading facilities,. .
storage, or other commercial or industrial purposes. A portion of the setback area, not to
exceed 10 feet in width, may be used for access to parking or loading areas no closer
than 5 feet to the respective parcel line.
C. Daylight Plane Adjacent to Residential Districts. Buildings shall not
extend above a plane starting at 25 feet in height directly above the parcel line abutting
any residentially -zoned parcel, or where there is an alley, the centerline of the alley, and
from that point, extending in at a 45 -degree angle from vertical toward the interior of the
site. The 25 foot height measurement shall be taken from the same reference grade as
determined for the subject site pursuant to Section 9.04.050.
FIGURE 9.13.030.C: DAYLIGHT PLANE ADJACENT TO RESIDENTIAL
DISTRICTS— EMPLOYMENT DISTRICTS
Par€eg line abvtxing
Rs*id ni + residenual urn. Employment
l+bJ41T— of conteome iis` DzInci.
oE{lev
D. Planting Areas. The following areas shall be landscaped.
al
1. Setback Areas Adjoining Streets. All visible portions of a required
setback area adjoining a street that are not used for driveways or walks
shall be planting area or landscape.
2. Adjoining Residential or Mixed -Use Districts. A continuous
planting area with a minimum width of 5 feet shall be provided along interior
parcel lines when an Employment district adjoins a Residential or Mixed -
Use District and is not separated by a public or private thoroughfare.
SECTION 5. Santa Monica Municipal Code Section 9.14.030 is hereby amended
to read as follows:
Table 9.14.030 prescribes the development standards for the Oceanfront District.
Additional regulations are denoted with Section numbers in the right hand column or with
individual letters in parentheses. Section numbers refer to other Sections of this
Ordinance, while individual letters in parentheses refer to subsections that directly follow
the table.
Minimum Parcel Size 5,000
(sq. ft.)
Minimum Parcel Width 50
(ft•)
Minimum Parcel Depth 100
(ft.)
Maximum Density; No more than 1 dwelling
Parcels along the Parcels 4,000 sq. ft. or more: 1 dwelling unit shall be permitted
Pacific Coast Highway unit/1,500 sq. ft, on a parcel 40 ft. or less
between the Santa in width
EPA
Monica Pier and the Parcels less than 4,000 sq. ft.: 1
north City limits dwelling unit/parcel if existing, no new
dwelling units
Maximum FAR Section 9.04.080,
Determining FAR
1.5; 0.5 for parcels located along the
Tier 1—Base Pacific Coast Highway between the
Standard Santa Monica Pier and the north City
limits
Tier 2—With Provision 2.0 Chapter 9.23,
of Community Benefits Community Benefits
Limited to 50 or fewer
units;
100% Affordable 2.25 Chapter 9.64, Affordable
Housing Projects
Housing Production
Program
Maximum FAR
Santa Monica Pier.
The Deauville site to
the north, Seaside
Terrace to the
south, The Ocean
Front Walk to the 1.0
west, and Ocean
Avenue to the east,
except parcels
fronting on Ocean
Avenue.
Parcels fronting on 0.5
Ocean Avenue
Parcel 70; 50 on parcels along the Pacific
Maximum
Coverage Par Coast Highway between the Santa
Monica Pier and the north City limits
Maximum Building One story for newly constructed stand- Section 9.04.050
Height (stories/ft.) alone restaurants except for the Santa Measuring Height
Monica Pier
43
TAt 1 I?3 11C1'IITTT11AF2—Ocanr�r�t 1�1st�c
.._
y-
Starittarct OF ` Additional Regulations
2/32;
2/23 (flat roof) or 2/30 (pitched roof) for
Tier 1—Base
parcels located along the Pacific Coast
Standard
Highway between the Santa Monica
Pier and the north City limits
Tier 1—Projects
Including On-Site
Chapter 9.64, Affordable
Affordable Housing in
3/36
Housing Production
Compliance with
Program
AHPP
Limited to 50 or fewer
u n its;
100% Affordable
No limit to number of stories/47
Chapter 9.64, Affordable
Housing Projects
Housing Production
Program
Tier 2—With Provision
3/47
Chapter 9.23,
of Community Benefits
Community Benefits
Tier 2—With Provision
of Community Benefits
Chapter 9.23,
and 100% Residential
No limit to stories/47
Community Benefits
Above the Ground
Floor
Section 50,
Maximum Building Height (stories/ft.)
Measurinngg Height
Santa Monica Pier.
The Deauville site to
the north, Seaside
Terrace to the south,
The Promenade to the
2/30
west, and Ocean
Avenue to the east,
including parcels
fronting on Ocean
Avenue.
85 ft. for one Ferris wheel; 55 ft. for one
Amusement Rides on
roller coaster; 45 ft. for all other
the Santa Monica Pier
amusement rides
Street -Facing
Fagades(ft.)
!L!
TA 1 4 I) 0 D1i
L t�1 ENT STANWARQg5�0riffbnt Tiistrlct
O!
Additional Regulations
Standard
Minimum Ground
Floor (floor-to-floor)
11
Height for
Nonresidential Uses
Maximum Ground
Floor (floor-to-floor)
16
Height for Non-
Residential Uses
Active Commercial
See (A)
Design
Pedestrian Oriented
See (B)
Design
Exterior Lighting
See (D)
Minimum Setbacks (ft., measured from parcel line)
5 ft. from street fronting parcel line
except for 20 ft. on Pacific Coast
Street Frontage
Highway between northern City limits
and Santa Monica Pier. See (C)
15 ft. if adjacent to a residential use; 25
ft. for beach rear setback on parcels
over 100 ft. in depth located along the
Rear
Pacific Coast Highway between the
Santa Monica Pier and the north City
limits
If adjacent to a residential use, see (E);
for parcels located along the Pacific
Side
Coast Highway between the Santa
Monica Pier and the north City limits,
see (E)
Minimum Upper-Story Stepbacks (ft.)—Required Above Maximum Ground Floor Height
At least thirty percent of the building
elevation above the maximum ground
Street -Facing Fagades
floor height shall provide an additional
five-foot average setback from the
minimum required front yard setback
Daylight Plane
Section 9.21.070, Height
Adjacent to
See (F)
Exceptions
Residential Use -
45
Interior Side and Rear
Setbacks
View Corridors See (G)
Minimum Outdoor
Living Area (sq.Section 9.21.090,
ft./unit)—Sites with 100 Outdoor Living Area
Three or More Units
Minimum Amount
Provided as Private 60
Outdoor Living Area
(sq. ft./unit)
Food
I Service
Section 9.31.030, Accessory Food Service
Accessory Structures Section 9.21.020, Accessory Buildings and Structures
Exceptions to Height Section 9.21.060, Height Exceptions
Limits
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges
Home Occupation Section 9.31:160, Home Occupation
Landscaping Subsection 9.14.030(H), Landscaping; Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Off -Street Parking and Chapter 9.28, Parking, Loading, and Circulation
Loading
Projections into Section 9.21.110, Projections into Required Setbacks
Required Setbacks
Signs Chapter 9.61, Signs
IScreenina (Section 9.21.140, Screening
Solar Energy Systems ISection 9.21.150, Solar Energy Systems
Trash Screening and (Section 9.21.130, Resource Recovery and Recycling Standards
Enclosure
M.
A. Active Commercial Design. The ground -floor street frontage of buildings
on commercial boulevards intended to accommodate commercial uses and activities shall
be subject to the following:
1. A minimum average depth of 40 feet, in no case less than 25 feet,
for a minimum of 60% of the ground -floor frontage.
2. Minimum Floor -to -Floor Heights:
a. A minimum floor -to -floor height of 11 feet..
(i) Ground -Floor Street Frontages Along Commercial
Boulevards. The finished ground floor level along the
commercial boulevard shall not exceed 18" lower or
higher than the finished grade of the adjacent sidewalk.
(ii) Sloped Ground -Floor Street Frontages Along
Commercial Boulevards. On parcels with a grade
change of 10% or more along the length of the parcel
line adjacent to the commercial boulevard, the finished
ground floor level along the commercial boulevard shall
not exceed 18" lower or 3' higher than the finished
grade of the adjacent sidewalk.
b. Loft spaces built within this area shall not exceed 30 percent
of the total floor area of the space consistent with the definition
of mezzanine.
3. A minimum of 70 percent of the fagade facing a commercial street
shall,be transparent and include windows, doors, and other openings
!fl
between 2.5 and 8 feet above finished grade. Openings fulfilling this
requirement shall have transparent glazing or openings that provide
views into work areas, display areas, sales areas, lobbies, or similar
active spaces, or into window displaying merchandise or other items
other than signs that are at least 3 feet deep. This requirement may
be modified by the Architectural Review Board if it can be
demonstrated that the fulfillment of this requirement materially
interferes with the project's ability to meet the requirements of
Municipal Code Chapter 8.36 — The Energy Code.
4. A minimum of one pedestrian entrance facing the street.
B. Pedestrian -Oriented Design. New development shall incorporate the
following design elements into the street -facing fagades at the ground floor level:
1. Articulated fagades 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 juxtaposition of openings and solid wall and/or
building frame and projecting elements such as awnings and
marquees to provide shade and shelter.
2. Alternatives to the requirements of this Section 9.14.030 may be
approved if the Review Authority finds that the proposed use has
unique operational characteristics with which providing the required
windows and openings is incompatible, and street -facing building
walls will exhibit architectural relief and detail and be enhanced with
MR
landscaping in such a way as to create visual interest at the
pedestrian level.
C. Build -to Line, Nonresidential Uses. Except on Pacific Coast Highway
between northern City limits and Santa Monica Pier, buildings with nonresidential uses
on the ground floor shall be constructed no farther than 10 feet from the street facing
parcel line(s) for 70 percent of linear street frontage. This requirement may be waived or
modified subject to a discretionary approval upon finding that:
1. Entry courtyards, plazas, entries, outdoor eating and display areas,
or other uncovered areas designed and accessible for public use are
located between the build -to line and building, provided that the
buildings are built to the edge of the courtyard, plaza, or dining area;
and
2. The building incorporates an alternative entrance design that creates
a welcoming entry feature facing the street.
D. Exterior Lighting. Exterior lighting should provide 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.
E. Side Setback. The side setback shall be determined in accordance with the
following formula, except for parcels of less than 50 feet in width for which the side
setback shall be 10 percent of the parcel width but not less than four feet:
5' + (stories x parcel width)
En
For parcels located along the Pacific Coast Highway between the Santa Monica
Pier and the north City limits, at least 25 percent of the side elevation above 14 feet in
height shall provide an additional 4 -foot average setback from the minimum side setback.
F. Daylight Plane Adjacent to Residential Uses. Buildings shall not extend
above a plane starting at 25 feet in height directly above the parcel line abutting any
residentially -zoned parcel in residential use, or where there is an alley, the centerline of
the alley, and from that point, extending in at a 45 -degree angle from vertical toward the
interior of the site. The 25 -foot height measurement shall be taken from the same
reference grade as determined for the subject site pursuant to Section 9.04.050.
FIGURE 9.14.030.F: DAYLIGHT PLANE ADJACENT TO RESIDENTIAL USES—
OCEANFRONT DISTRICTS
Parcel Rne attrtft
msiacnuzl rnszdrnlW pse or Qcmfimt
G. View Corridors. For parcels located along the Pacific Coast Highway
between the Santa Monica Pier and the north City limits, any structure with 70 feet or
more of frontage parallel to the Pacific Coast Highway shall provide an unobstructed view
50
corridor between Pacific Coast Highway and the ocean. The view corridor shall be a
minimum of 20 continuous feet in width measured from the parcel line abutting and
parallel to Pacific Coast Highway and shall remain unobstructed by any structure or
portion thereof.
H. Landscaping. The following landscaping requirements apply.
1. Setback Areas Adjoining Streets. All visible portions of a required
setback area adjoining a street that are not used for driveways or
walks shall consist of planting areas, landscape, or pedestrian
amenities.
2. Interior Setback Areas. At least 50 percent of each required interior
side setback area and rear setback area shall be planting area
having a minimum width of 7.5 feet adjoining a side or rear parcel
line. The width of a required planting area may be reduced to 3 feet
in one side or rear setback areas adjoining a driveway, and a
nonresidential accessory structure may occupy a portion of the
planting area in a rear setback area.
SECTION 6. Santa Monica Municipal Code Section 9.21.060 is hereby amended
to read as follows:
No structure shall project above the height limits established in this Ordinance
except as specified in this Section.
A. Building -Mounted and Attached Structures. Table 9.21.060 establishes
the maximum permitted projection(s) above the height limit of a building for structures
51
that are typically mounted or attached to a building. These projections are by right, with
no discretionary permit required. Table 9.21.060 also establishes limitations in the
horizontal coverage of permitted projections. Some allowances apply in all Zoning
Districts while others are limited to specified Zoning Districts. None of these projections
shall permit occupiable space above the height limit. The total aggregate coverage of
projections shall not exceed 30 percent of a roofs area. This limitation shall not apply to
solar energy systems (see Section 9.21.150).
52
��E'sS"�•
::?"'�\.. �-„.��* +.. ' a'”' � �O � Z?I'>� y�K�'u.',`=a'.�^".�h l ...'+...�".*'a���`�Z � J.p�K'Y
Maximum Aggregate
Maximum Ve&cal
Coverage of Building's
Structure , '
Projection {ft) Above
Roof Area %), Other ,�
' the HeightGmit*
Locatiflnal Restrictions
Projections Allowed jn Ail Zorjng Districts:
Skylights
No limit
1 ft.
30%; May not be
Skylights on flat roofs
located within five feet
5 ft.
of any edge of the roof.
Chimneys, vent stacks
5%
5 ft.
Windscoops
5%
5 ft.
Solar energy systems located on a
See Section 9.21.150
See Section 9.21.150
rooftop
52
One standard television receive -only
nonparabolic antenna and one
vertical whip antenna
Other Antennas
10%; May not be
located between the
building and any street -
facing parcel line.
25 ft.
Chapter 9.32, Telecommunications
Facilities
Parapets, fire escapes, catwalks, and
As required by law As required by law
open guard rails required by law
Non -occupiable features such as
steeples, spires, towers, domes, and 10% 10 ft,
cupolas
features for outdoor living
areas, such as sunshade, open 25% 10 ft.
railings, trellises, and landscaping
53
Elevator shafts
Mechanical rooms and enclosures
18 ft.* above the
15%
roofline
14 ft.* above the
25%
roofline
12 ft.* above the
25%
roofline
Ventilating fans, water tanks, cooling
towers, or other equipment required Total area enclosed by
to operate and maintain a building, all screening may not
along with screening of such exceed 30% of roof
equipment required by Section area
9.21.140, Screening
12 ft.
SECTION 7. Santa Monica Municipal Code Section 9.28.030 is hereby amended
to read as follows:
A. Existing Parking and Loading to be Maintained. No existing parking and/or
loading serving any use may be reduced in amount or changed in design, location, or
54
maintenance below the requirements for such use at the time it was entitled unless
equivalent substitute facilities are provided. Within the Downtown Community Plan area,
properties must maintain the maximum number of parking spaces set forth in Table
9.28.060. For Historic Resources, see Section 9.28.180(6).
B. Access. Access to parking for intended users, including employees, shall be
available during all business hours.
C. Assignment. 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 disabled parking, car or vanpool users, car share vehicles, or
residential units.
D. Application to All Parking. All parking provided must be in compliance with the
standards set forth in this Chapter.
E. Parking and Loading Operations Plan. Projects that result in greater than 40
provided parking spaces, new Private Parking surface lots or structures, or projects that
provide space -efficient parking shall submit a Parking and Loading Operations Plan to
the Director for review and approval before issuance of any building permits.
SECTION 8. Santa Monica Municipal Code Section 9.28.050 is hereby amended
to read as follows:
To implement the parking policies of the General Plan, Zoning District parking
requirements for those areas in the immediate vicinity of high quality transit stations or
stops and the Memorial Park Specific Plan area differ from all other areas of the City.
Figure 9.28.050 designates which areas constitute Parking Overlay Area 1, as referenced
55
in Table 9.28.060, which lists the off-street parking requirements for areas Citywide
(Excluding the Parking Overlay Area 1, Downtown Community Plan area, and Bergamot
Area Plan area) and for Parking Overlay Area 1.
FIGURE 9.28.050: PARKING OVERLAY AREAS
� 4
dux
e'�_rnenarnr � 1 • `� ,
�lllll �oeTtO'uM1 WWII MYRUY.UN — 9 0A, W .5..
SECTION 9. Santa Monica Municipal Code Section 9.28.090 is hereby amended
to read as follows:
Space -efficient parking is parking in which vehicles are stored and accessed by
mechanical stackers or lifts, automated parking systems, tandem spaces, or other space -
efficient means. Parking spaces may be space -efficient as described below, except for
56
spaces required and specifically designated for persons with disabilities unless designed
in compliance with the Americans with Disabilities Act.
A. Applicability. Space -efficient parking may be used in all Districts subject
to the requirements of this Section 9.28.090.
B. Automated and Tandem Parking.
All parking may be stored and accessed by automated parking systems,
mechanical stackers, tandem, or other space -efficient means at the
discretion of the City through the approval of a Parking and Loading
Operations Plan. The plan shall include information required by the Director
to understand the proposed parking operations and other information
determined by the Director to be necessary. Submittal of technical studies
may also be required.
1. Tandem Parking Access. Tandem parking shall not require more
than 1 car to move under its own power to access the desired parking
space and must be managed in compliance with the unbundled
parking provisions in Section 9.28.110.
2. Attendant Requirement. Valet or attendant service is required at all
times unless it is determined that the parking may be operated self -
sufficiently by users, and queuing space is adequate for self -
operation. Exceptions to the attendant requirement are stated below.
3. Residential Parking.
57
a. Projects with two or fewer dwelling units are exempt from the
Parking and Loading Operations Plan and attendant
requirements.
b. An attendant is not required when tandem parking spaces are
assigned to the same unit as the parking stall blocking access.
Mechanical stackers require an attendant unless it can be
demonstrated that the system can be operated by users
without an attendant and the Parking and Loading Operations
Plan includes a nonoperation plan.
C. An attendant is not required when an automated parking
system is determined to be independently accessible, it can
be demonstrated that the system can be operated by users
without an attendant, and the Parking and Loading Operations
Plan includes a nonoperation plan.
4. Non -Residential and Mixed -Use Parking.
a. The maximum number of non-residential tandem parking
spaces may not exceed 25% of the total number of provided
parking spaces when no attendant is available. Mechanical
stackers require an attendant unless it can be demonstrated
that the system can be operated by users without an attendant
and the Parking and Loading Operations Plan includes a
nonoperation plan.
b. Automated parking systems shall not result in queuing into
any public right-of-way. The applicant shall prepare a
technical study comparing expected traffic -intensity with
parking system capacity to determine the amount of short-
term parking needed, if any, to mitigate potential impacts from
users seeking short-term parking. At minimum, the study shall
address peak parking demand, the number of vehicles
entering and exiting the facility, the cycle time of the
automated parking system, how the system is accessed,
queuing space, the number of attendants available, and the
amount of short-term parking spaces available.
C. An attendant is not required when an automated parking
system is determined to be independently accessible, it can
be demonstrated that the system can be operated by users
without an attendant, and the Parking and Loading Operations
Plan includes a nonoperation plan.
5. Screening. Except for required ingress and egress, all mechanical
parking shall be fully enclosed.
6. Signage. Parking spaces shall have signage clarifying operations of
the spaces to users.
7. Space -Efficient Parking Spaces. Pursuant to Section 9.28.120(C),
exceptions to dimensional requirements may be granted for space -
efficient spaces.
59
D. Queuing Spaces.
1. Quantity Required. Off-street queuing space at the vehicular
entrance shall be provided at a minimum rate of 5 percent of the total
space -efficient parking provided or 2 queuing spaces, whichever is
greater. For the purpose of determining required queuing spaces,
fractions equal to or greater than one-half resulting from the
calculations in this Section shall be considered to be one queuing
space.
2. Dimensions. In no event shall the dimensions of any queuing space
be less than 18 feet long and 8 feet, 6 inches wide.
3. Deviation from Requirement. Off-street queuing space at the
vehicle entrance shall be provided at the rate set forth in subsection
(D)(1) of this Section. The number of queuing spaces required
pursuant to this Section may be reduced when a technical study can
demonstrate that the operational characteristics of the parking facility
and expected traffic intensity warrant such a reduction.
4. Parking Facility Entry. For off-street parking facilities where
entering vehicles are required to stop before a mechanically
operated barrier before entering the parking facility, such barrier shall
be placed a minimum of 18 feet from the parcel line where the
entrance is accessed.
E. Operations.
.11
1. Covenant for Operation. A "Covenant and Agreement Regarding
Maintenance of Mechanical Parking System" shall be recorded with
the Los Angeles County Recorder's Office to ensure vehicle parking
system are maintained in operable condition at all times.
2. Generator. Automated parking structures shall be equipped with an
on-site generator with sufficient capacity to store and retrieve cars if
or when the electrical power is down
3. Manual Override. Mechanical stacker lifts shall provide manual
override capability to access or remove cars from the parking lift in
the event of a power outage.
4. Covenant for Attendant. A "Covenant and Agreement to Provide
Parking Attendant" shall be recorded with the Los Angeles County
Recorder's Office when a parking attendant is required.
SECTION 10. Santa Monica Municipal Code Section 9.31.040 is hereby amended
to read as follows:
A. Purpose.
1. To limit the potential for community problems such as public drunkenness,
drunk driving, traffic accidents, violent crime, noise, and nuisance from an
overabundance or overconcentration of the availability of alcohol and its
consumption. To regulate traditional alcohol outlets, including bars, restaurants,
liquor stores, and supermarkets, as well as new types of alcohol outlets, to ensure
that public health, safety, and welfare are not threatened.
61
2. To establish control measures 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.
B. Conditional Use Permit Required. No person shall dispense 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
unless the proposed use has received an Alcohol Exemption Zoning Conformance Permit
in accordance with subsection D or is otherwise determined to be exempt after a Zoning
Conformance Review in accordance with subsection E.
C. Findings for Approval of Conditional Use Permit. The Planning Commission,
or the City Council on appeal, may approve the dispensing, for sale or other consideration,
alcoholic beverages, including beer, wine, malt beverages, and distilled spirits for on-site
or off-site consumption only if, in addition to the required findings for Conditional Use
Permits contained in Section 9.41.060, Required Findings (for a Conditional Use Permit),
all of the following findings can be made in an affirmative manner:
1. The proposed alcohol sales will not adversely affect the welfare of
neighborhood residents in a significant manner;
2. The proposed alcohol sales will not contribute to an undue concentration of
alcohol outlets in the area;
3. The proposed alcohol sales will not detrimentally affect nearby
neighborhoods, considering the distance of the alcohol outlet to residential
62
buildings, churches, schools, hospitals, playgrounds, parks, and other existing
alcohol outlets; and
4. The sale of alcohol will not increase traffic congestion or generate a demand
for parking that will adversely affect surrounding businesses and residents.
D. Alcohol Exemption Zoning Conformance Permit.
1. Limited and full-service restaurants that offer alcoholic beverages incidental
to meal service shall be exempt from the provisions of the Conditional Use Permit
requirement of subsection B of this Section if such a permit is approved in writing
by the Director and if the applicant agrees in writing to comply with all of the
following criteria and conditions:
a. The primary use of the premises shall be for sit-down meal service
to patrons;
b. If a counter service area is provided, food service shall be available
at all hours the counter is open for patrons, and the counter area
shall not function as a separate bar area;
G. Window or other signage 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 establishment 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 more than three television screens including video projectors or
similar audio/visual devices shall be utilized on the premises. None
of these televisions or projection surfaces shall exceed 60 inches
measured diagonally;
j. No video or other amusement games shall be permitted on the
premises;
k. Entertainment may only be permitted in the manner set forth in
Section 9.31.290, Restaurants with Entertainment;
I. 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;
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;
ME
n. The permitted hours of alcoholic beverage service shall be 9:00 a.m.
to 11:00 p.m. Sunday through Thursday, and 9:00 a.m. to 12:00 a.m.
Friday and Saturday with complete closure and all employees
vacated from the building by 12:00 a.m. Sunday through Thursday,
and 1:00 a.m. Friday and Saturday. All alcoholic beverages must be
removed from the outdoor dining area no later than 10:00 p.m.
Sunday through Thursday and 11:00 p.m. Friday and Saturday. No
after-hours operation is permitted;
o. No more than 35 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 Planning
Division at the beginning of the calendar year and also available to
the City and the California Department of State Alcoholic Beverage
Control (ABC) upon request;
P. Bottle service shall mean the service of any full bottle of liquor, wine,
or beer of more than 375 ml, along with glass ware, mixers,
garnishes, etc., in which patrons are able to then make their own
drinks or pour their own wine or beer. Liquor bottle service shall be
prohibited. Wine and beer bottle service shall not be available to
patrons unless full meal service is provided concurrent with the bottle
service. All food items shall be available from the full service menu;
q. No organized queuing of patrons at the entry or checking of
identification to control entry into and within the establishment shall
65
be permitted. There shall not be any age limitation imposed
restricting access to any portion of the restaurant;
r. The establishment shall not organize or participate in organized
"pub-crawl" events where participants or customers pre -purchase
tickets or tokens to be exchanged for alcoholic beverages at the
restaurant;
S. Establishments with amplified music shall be required to comply with
Chapter 4.12, Noise, of the Santa Monica Municipal Code;
t. Prior to occupancy, a security plan shall be submitted to the Chief
of Police for review and approval. The plan shall address both
physical and operational security issues;
U. Prior to occupancy, the operator shall submit a plan for approval by
the Director 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 90 days of the
effective date of the exemption determination. In the case of new
employees, the employee shall attend the alcohol awareness
training within 90 days of hiring. In the event the ABC no longer
sponsors an alcohol awareness training program, all employees
T:
having contact with the public shall complete an alternative program
approved by the Director. 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 affecting similar establishments;
V. Within 30 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;
W. Prior to occupancy, the 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 operator will inform patrons of the program, such as offering
on the menu a free non-alcoholic drink for every party of 2 or more
ordering alcoholic beverages;
X. Notices shall be prominently displayed urging patrons to leave the
premises and neighborhood in a quiet, peaceful, and orderly fashion
and to please not litter or block driveways in the neighborhood;
Y. Employees of the establishment shall walk a 100 -foot radius from the
facility at some point prior to 30 minutes after closing and shall pick
up and dispose of any discarded beverage containers and other
trash left by patrons; and
Z. The exemption shall apply to approved and dated plans, a copy of
which shall be maintained in the files of the City Planning Division.
M
Project development shall be consistent with such plans, except as
otherwise specified in these conditions of approval. Minor
amendments to the plans shall be subject to approval by the Director.
2. With respect to the Director's decision for Alcohol Exemption Zoning
Conformance Permits for restaurants with over 50 seats, within two business days
from the date when the determination has been made concerning the application
and posted on the City's website, the Director shall transmit a notice of
determination that summarizes the determination and provides a website link to
the Statement of Official Action to the applicant at the address shown on the
application and to all property owners and residential and commercial tenants
within a radius of 750 feet from the exterior boundaries of the property involved in
the application. The applicant or any property owners and residential and
commercial tenants within a radius of 750 feet from the exterior boundaries of the
property involved in the application may appeal the decision to the Planning
Commission following the procedures set forth in Section 9.37.130(6-D) and
subject to the findings of Section 9.31.040(C).
E. Zoning Conformance Review.
1. When an existing alcohol outlet without a Conditional Use Permit changes
ownership or undergoes an interior remodel, it shall be subject to Zoning
Conformance review in accordance with the following:
a. An existing alcohol outlet that was lawfully established and is
nonconforming solely due to the lack of an approved Conditional Use
Permit is exempt from the requirements of this Section if the licensed
.:
premises have remained in continuous operation without substantial
change in mode or character of operation. Approval of a Conditional
Use Permit shall be required for a change in the licensed
classification. The operation of an existing nonconforming alcohol
outlet shall be considered lapsed and a Conditional Use Permit shall
be required where operations have been discontinued for a period of
over 1 year.
i. The 1 -year period to determine that a nonconforming alcohol
outlet has been abandoned shall commence when the use ceases
and any one of the following occurs:
(1) The business license lapses;
(2) The site is vacated;
(3) The lease is terminated;
(4) Utilities are terminated; or
(5) A conforming use that meets the applicable
requirements of this Ordinance is lawfully established in the
space previously occupied by the nonconforming alcohol
outlet.
ii. Once the 1 -year period has commenced under Subsection
(E)(1)(a)(i) that period shall only be terminated if the nonconforming
alcohol outlet is fully licensed, permitted, and operational for 60
continuous days. Operational shall mean that the nonconforming
.•
alcohol outlet is open for business to the public and provides services
typically associated with the nonconforming alcohol outlet during the
hours and days that are customary for that nonconforming alcohol
outlet.
iii. Cessation of use due to remodeling shall not be considered
abandonment so long as building permits are active in accordance
with Chapter 8.08 of the Municipal Code. However, if the building
permit expires before the use resumes, the 1 -year period under
Subsection (E)(1)(a)(i) shall relate back and commence with the
cessation of use.
iv. Any existing premises where operations have been
discontinued for these time periods shall be required to obtain a
Conditional Use Permit prior to resuming business whether or not a
Conditional Use Permit was obtained in the past for the premises.
V. A substantial change in mode or character of operation shall
include, but is not limited to, a change in operational hours that
extends past 11:00 p.m. Sunday through Thursday and midnight on
Friday and Saturday, a 5 percent increase in the floor area of the
premises, a 10 percent increase in the shelf area used for the display
of alcoholic beverages, queuing outside the establishment, age
requirements for entry, checking identification at the door,
implementing a cover charge, offering bottle service, or a 5 percent
increase or decrease in the number of seats in any restaurant that
70
serves alcoholic beverages, but in no case shall the increase exceed
any established seating limitation in the underlying zoning district.
(1) Bottle service shall mean the service of any full bottle
of liquor, wine, or beer, of more than 375 ml, along with glass
ware, mixers, garnishes, etc., in which patrons are able to
then make their own drinks or pour their own wine or beer.
(2) Cover charge shall mean requiring payment of
customers before they may enter the establishment.
2. When an existing alcohol outlet with a Conditional Use Permit changes
ownership or undergoes an interior remodel, it shall be subject to Zoning
Conformance review to ensure compliance with the existing CUP.
SECTION 11. Santa Monica Municipal Code Section 9.31.300 is hereby amended
to read as follows:
Notwithstanding the Accessory Buildings and Structures standards of Section 9.21.020,
Accessory Dwelling Units shall be developed, located, and operated in accordance with
the following standards.
A. Purpose. The purpose of this Section is to:
1. Allow Accessory Dwelling Units as an accessory use to Single --Unit
Dwellings, consistent with California Government Code Section
65852.2, and provide that accessory dwelling units do not exceed
71
the allowable density for the lot upon which the accessory dwelling
unit is located;
2. Establish that accessory dwelling units are a residential use that is
consistent with the existing general plan and zoning designation for
the lot upon which it is located;
3. Allow for an increase in the supply of affordable housing in the City;
and
4. Maintain the single unit character of neighborhoods in the City.
B. Permit Requirements.
1. Zoning Conformance Review. An Accessory Dwelling Unit that
conforms to all standards of this Section not to exceed 650 square
feet for parcels up to and including 6,000 square feet in area or not
to exceed 800 square feet for parcels greater than 6,000 square feet
in area is permitted by right. A Zoning Conformance Review shall be
conducted to verify compliance with all applicable standards.
C. Location. An Accessory Dwelling Unit may be established on any legal
parcel that contains 4,000 square feet or more in any District where a
primary Single Unit Dwelling has been previously established or is proposed
to be established in conjunction with construction of the Accessory Dwelling
Unit. Only one Accessory Dwelling Unit is permitted per parcel.
D. Type of Unit and Relation to Main Dwelling. The Accessory Dwelling Unit
shall provide separate, independent living quarters for one household. The
Accessory Dwelling Unit may be attached, detached, or located within the
72
living area of the primary Single -Unit Dwelling on the parcel, subject to the
standards of this Section. A detached Accessory Dwelling Unit shall be
considered part of the primary. Single -Unit Dwelling if the Accessory
Dwelling Unit is located less than 6 feet from the primary Single -Unit
Dwelling or if connected to it by fully enclosed space.
E. Conversion or Demolition of Existing Structures.
1. Garage Conversions. Conversion of all or a portion of a garage to
an Accessory Dwelling Unit is permitted, provided that alternate
parking for the primary dwelling is provided that meets the
requirements of Chapter 9.28, Parking, Loading, and Circulation, and
the District within which the parcel is located. Notwithstanding
Chapter 9.28, such alternate parking may be located in any
configuration on the same lot as the Accessory Dwelling Unit,
including, but not limited to, as covered spaces, uncovered spaces,
or tandem spaces, or by the use of mechanical automobile parking
lifts. No setback shall be required for an existing garage that is
converted to an Accessory Dwelling Unit, and a setback of five feet
from the side and rear property lines shall be required for an
Accessory Dwelling Unit that is constructed above a garage.
2. Demolition of Existing Structure. When an existing garage,
carport, or covered parking structure is demolished in conjunction
with the construction of an Accessory Dwelling Unit, alternate
parking for the primary dwelling shall be provided in a form that
73
meets the requirements of Chapter 9.28, Parking, Loading, and
Circulation and the District within which the parcel is located.
Notwithstanding Chapter 9.28, such alternate parking may be
located in any configuration on the same lot as the Accessory
Dwelling Unit, including, but not limited to, as covered spaces,
uncovered spaces, or tandem spaces, or by the use of mechanical
automobile parking lifts.
3. Conversion of Existing Floor Area of the Main Dwelling. The
creation of an Accessory Dwelling Unit through conversion of part of
the existing floor area of the primary Single -Unit Dwelling shall be
allowed, provided it has independent exterior access from the
existing primary Single -Unit Dwelling and does not result in the floor
area of the primary dwelling being less than 150 percent of the floor
area of the Accessory Dwelling Unit, or in violation of the standards
of the California Building Code.
4. Conversion of an Existing House to an Accessory Dwelling Unit.
In cases in which an existing Single Unit Dwelling has an area up to
650 square feet for parcels up to and including 6,000 square feet in
area or up to 800 square feet for parcels greater than 6,000 square
feet in area, the Review Authority may approve the construction of
one additional residence that is intended to be the primary residence
(a Single -Unit Dwelling) on the property. The existing residence,
which is intended to become the lawful Accessory Dwelling Unit,
rcl
must comply with all the requirements of this Section. The primary
residence shall be constructed in accordance with the provisions of
the applicable District standards and other requirements of this
Ordinance.
5. Conversion on an Existing Accessory Building to an Accessory
Dwelling Unit. Notwithstanding Subsection (F), the conversion of an
existing accessory building up to 650 square feet for parcels up to
and including 6,000 square feet in area or up to 800 square feet for
parcels greater than 6,000 square feet in area, including, but not
limited to, a studio, pool house, or other similar structure to an
Accessory Dwelling Unit shall be allowed if the unit is contained
within the existing space of the accessory building, has independent
exterior access from the existing primary Single -Unit Dwelling, and
the side and rear setbacks of the Accessory Dwelling Unit are
sufficient for fire safety.
F. Development Standards. An Accessory Dwelling Unit shall conform to the
height, setbacks, parcel coverage, and other zoning requirements of the
District in which it is located, other requirements of this Ordinance, and other
applicable City codes, except as provided in this Section.
1. Attached Accessory Dwelling Units. An Accessory Dwelling Unit
that is attached to the primary dwelling shall comply with all the
property development standards for the primary dwelling.
75
2. Detached Accessory Dwelling Units Up to 14 Feet in Height. A
detached Accessory Dwelling Unit located within a new accessory
structure up to 14 feet in height or within additions to existing
accessory structures up to 14 feet in height shall comply with the
following requirements:
a. Location.
i. An Accessory Dwelling Unit shall be located on the rear
half of the parcel and shall not extend into the required
minimum side yard setback except as authorized
pursuant to subsection (E) above.
ii. An Accessory Dwelling Unit may be located in the rear
setback but shall be located at least 5 feet from the rear
parcel line.
iii. On a reverse corner parcel, an Accessory Dwelling
Unit shall not be located nearer to the street side parcel
line of such corner parcel than '/z of the front setback
depth required on the key parcel, nor be located nearer
than 5 feet to the side parcel line of any key parcel.
iv. Any Accessory Dwelling Unit on a through parcel shall
not project into any front setback and shall not be
located in any required side setback.
b. Maximum Floor Area. The total floor area of an Accessory
Dwelling Unit up to 14 feet in height shall not exceed 650
76
square feet for parcels up to and including 6,000 square feet
in area or shall not exceed 800 square feet for parcels greater
than 6,000 square feet in area.
C. Maximum Building Height. The Accessory Dwelling Unit shall
not exceed one story or 14 feet in height.
3. Detached Accessory Dwelling Units Over One Story or 14 Feet
in Height. A detached Accessory Dwelling Unit located within a new
accessory structure over one story or 14 feet in height or within
additions to existing accessory structures over one story or 14 feet
in height shall comply with -all the following requirements:
a. Location.
i. An Accessory Dwelling Unit shall be located on the rear
half of the parcel and shall not extend into the required
minimum side yard setback except as authorized
pursuant to subsection (E) above.
ii. An Accessory Dwelling Unit may be located in the rear
setback but shall be located at least 5 feet from the rear
parcel line. The second story portion of an Accessory
Dwelling Unit may extend into the required rear
setback but shall be no closer than 15 feet from the
centerline of the alley or 15 feet from the rear property
line where no alley exists.
77
iii. An Accessory Dwelling Unit shall have the same
minimum side setback requirement as the principal
building on the parcel, but in no case less than 5 feet.
iv. On a reverse corner parcel, an Accessory Dwelling
Unit shall not be located nearer to the street side parcel
line of such corner parcel than '/z of the front setback
depth required on the key parcel, nor be located nearer
than 5 feet to the side parcel line of any key parcel.
V. Any Accessory Dwelling Unit on a through parcel shall
not project into any front setback and shall not be
located in any required side setback.
b. Maximum Floor Area. The total floor area of an Accessory
Dwelling Unit that exceeds one story or 14 feet in height shall
not exceed 650 square feet for parcels up to and including
6,000 square feet in area or shall not exceed 800 square feet
for parcels greater than 6,000 square feet in area.
i. The second story of an Accessory Dwelling Unit shall
not exceed the floor area of the first story.
C. Maximum Building Height. The Accessory Dwelling Unit shall
not exceed two stories or 24 feet in height.
d. Exterior Features. Roof decks, landings, upper level
walkways, and balconies shall not exceed 35 square feet in
area and must be set back at least 25 feet from the side
property line closest to the structure, and at least 25 feet from
the rear property line, or if an alley exists, 25 feet from the
centerline of the alley.
G. Design Standards. The exterior design of the. Accessory Dwelling Unit,
including building forms, materials, colors, exterior finishes, and
landscaping, shall be compatible with the primary Single -Unit Dwelling.
1. The Accessory Dwelling Unit shall be clearly subordinate to the main
dwelling unit on the parcel in terms of size, location, and appearance.
2. The entrance to the Accessory Dwelling Unit shall not be on the front
or street side setback unless it is a shared entrance with the primary
unit.
H. Parking.
1. Required Parking. One on-site parking space, which may be
unenclosed, shall be provided for the Accessory Dwelling Unit. This
space shall comply with all development standards set forth in
Chapter 9.28, Parking, Loading, and Circulation, and the
requirements for the District. A tandem parking space may also be
used to meet the parking requirement for the Accessory Dwelling
Unit and may be provided on an existing driveway. Required parking
for the primary Single --Unit Dwelling may not be removed for the
creation of an Accessory Dwelling Unit or allocated to meet the
parking requirement for the Accessory Dwelling Unit unless
replacement parking is provided in accord with this Ordinance.
79
2. Exemptions. Notwithstanding any other parking required by this
Section or Chapter 9.28 of this Ordinance, no parking spaces shall
be required for an Accessory Dwelling Unit in any of the following
instances:
a. The Accessory Dwelling Unit is located within one-half mile of
public transit;
b. The Accessory Dwelling Unit is an individually designated
historic resource or is located within an architecturally and
historically significant historic district;
C. The Accessory Dwelling Unit is part of the existing primary
residence or an existing accessory structure;
d. When on -street parking permits are required but not offered
to the occupant of the Accessory Dwelling Unit; or
e. When there is a car share vehicle located within one block of
the Accessory Dwelling Unit.
I. Owner Occupancy, Rental, and Sale Limitations. Either the primary
Single --Unit Dwelling or the Accessory Dwelling Unit shall be owner -
occupied. Either unit may be rented, but both may not be rented at the same
time. An Accessory Dwelling Unit shall not be offered for sale separately
from the primary dwelling unit. The primary Single -Unit Dwelling or the
Accessory Dwelling Unit shall only be offered for residential occupancy for
more than thirty (30) days.
M
SECTION 12, Santa Monica Municipal Code Section 9.37.070 is hereby amended
to read as follows:
A. Timing of Decision.
1. A decision of the Planning Commission shall be final from and after the date
of the public hearing in which the Planning Commission renders its decision, and
the time to appeal such decision, if authorized pursuant to Section 9.37.130, shall
commence on that hearing date.
2. A decision of the Director shall be final from and after the date that the
decision is made and posted on the City's website, and the time to appeal such
decision, if authorized pursuant to Section 9.37.130, shall commence on the date
of the posting.
B. Statement of Official Action. The hearing body shall approve a statement of
official action which shall include:
1. 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.
2. A statement of the facts found that establish compliance or non-compliance
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.
C. Timing of Approval of Statement of Official Action.
N
1. The Planning Commission, and City Council on appeal, shall approve a
statement of official action within forty-five days after the date the decision is made.
2. The Director shall approve a statement of official action at the time the
Director renders the decision on the application.
D. Notice of Statement of Official Action.
1. With respect to Director decisions, within two business days from the date
when the determination has been made concerning the application and posted on
the City's website, the Director shall transmit the statement of official action to the
applicant at the address shown on the application, to all individuals who testified
at the public hearing on the application, to all individuals who submitted written
comments prior to or at the public hearing, and to other individuals who provided
written notice that they wished to receive the statement of official action for this
item.
2. With respect to Planning Commission and City Council decisions, the
Director shall transmit the statement of official action to the applicant at the address
shown on the application within five business days after the statement of official
action has been adopted.
SECTION 13. Santa Monica Municipal Code Section 9.43.030 is hereby amended
to read as follows:
A. The provisions of this Section shall apply to specific development proposals that
are for uses permitted by right or by discretionary review in the District. In no case shall
a major modification be granted pursuant to this Section to permit a new use or activity
It%
that is not otherwise permitted in the District where the property is located, nor shall a
major modification be granted that alters the procedural or timing requirements of this
Ordinance.
B. Subject to the requirements of this Chapter and except as provided in subsection
(C) of this Section, the Director may grant relief from no more than 2 of the following
requirements:
1. Setbacks. Up to 20 percent or 5 feet, whichever is less of the required front,
side. and rear setback standards.
2. Build -to Line. Up to 20 percent of the standards for building fagade
location.
3. Parcel Coverage. Up to 10 percent of the maximum amount of parcel
coverage.
4. Height. Maximum height of buildings and structures, up to 20 percent or 5
feet, whichever is less.
5. Ground Floor (Floor -to -Floor) Height
a. Minimum. Up to 1 foot of the required minimum ground floor (floor -
to -floor) height.
b. Maximum. Up to 4 feet of the required maximum ground floor (floor -
to -floor) height.
6. Landscaping. Up to 10 percent of the required landscaping.
7. Parcel Lines. For corner parcels, consider the parcel line separating the
narrowest street frontage of the parcel from the street as the side parcel line.
8. Exclusions. Major Modifications pursuant to this Chapter shall not be
granted for any of the following standards:
a. Parcel area, width, or depth;
b. Maximum number of stories;
C. Minimum or maximum number of required parking spaces;
d. Residential density; or
e. Maximum floor area ratio (FAR).
C. If the application for a Major Modification involves a project that includes the
retention and preservation of a structure or improvement that is a City -Designated Historic
Resource, the Director may grant relief from 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; landscaping; and provision of unexcavated yard
areas.
D. For any Major Modification application filed concurrently with an application that is
subject to Planning Commission review, the Planning Commission may grant relief from
any of the dimensional requirements specified in subsection (B) of this Section.
SECTION 14. Santa Monica Municipal Code Section 9.48.010 is hereby amended
to read as follows:
A. No person shall establish, operate, erect, move, alter, enlarge, allow, or
maintain any use, activity, or improvement in contravention of any provision of Article 9
RE
of the Municipal Code, including any General, Area, or Specific Plans incorporated by this
Article 9.
B. No person shall fail to comply with the terms and conditions of any permit
or approval issued pursuant to this Ordinance, any Development Agreement, or with any
other law or regulation relating to land use or development. This shall apply to any person,
whether or not the person was the original applicant for the permit or approval, and
whether or not the person is the owner, lessee, licensee, agent, or employee.
C. No person shall take any action to aid or facilitate the violation of any
provision of this Ordinance or the terms and conditions of any permit or approval issued
pursuant to this Ordinance by another.
D. Any property being maintained or operated in violation of this Ordinance or
any permit or approval issued pursuant to this Ordinance shall be a public nuisance, and
may be abated by the City or by any interested person, as authorized by law.
SECTION 15. Santa Monica Municipal Code Section 9.52.020 is hereby amended
to read as follows:
The following words or phrases as used in this Ordinance shall have the following
meanings:
9.52.020.0010 30% Income Household. A household whose gross income does not
exceed the 30% income limits applicable to the Los Angeles -Long Beach
Primary Metropolitan Statistical Area, adjusted for household size, as
published and periodically updated by HUD.
9.52.020.0020 50% Income Household. A household whose gross income does not
exceed 50% of the area median income, adjusted for household size, as
published and periodically updated by HUD. 50% income households
include 30% income households.
9.52.020.0030 60% Income Household. A household whose gross income does not
exceed 60% of the area median income, adjusted for household size, as
published and periodically updated by HUD. 60% income households
include 50% income households.
9.52.020.0040 80% Income Household. A household whose gross income does not
exceed 80% of the area median income, adjusted for household size, as
published and periodically updated by HUD. 80% income households
include 60% income households.
9.52.020.0050 100% Affordable Housing Project. Housing projects with a minimum of
25 percent of the units deed restricted or restricted by an agreement
approved by the City for occupancy by 60% Income Households or less
and the remainder of the housing units are deed restricted or restricted by
an agreement approved by the City for occupancy by 80% Income
Households or less. Such projects may include nonresidential uses not to
exceed 33% of the project's total floor area.
9.52.020.0060 Abandoned, Abandonment. When, for a continuous period of one year
or more, a nonconforming building, parcel, or use ceases. Resumption of
a use after abandonment is a change of use. See Division 3, Section
9.27.050(B), Nonconforming Uses, Structures, and Parcels, for additional
regulations.
9.52.020.0070 Abutting, Adjoining, or Adjacent. Having a common property line or
district line or separated only by an alley, path, private street, or easement.
9.52.020.0080 Access. The place, or way through which pedestrians and/or vehicles
shall have safe, adequate and usable ingress and egress to a property or
use as required by this ordinance.
9.52.020.0090 Accessory Building. See Building, Accessory.
9.52.020.0100 Accessory Food Service. Establishments where food is located on the
same parcel as or within a primary permitted use and is clearly incidental
to the primary permitted use that is not an eating and drinking
establishment. Food service that is more extensive than these provisions
will cause this use to be considered an eating and drinking establishment
subject to all of the applicable regulations. See Division 3, Section
9.31.030, Accessory Food Service, for further details.
9.52.020.0110 Accessory Structure. See Structure, Accessory.
9.52.020.0120 Accessory Use. See Use, Accessory.
9.52.020.0130 Act of Nature. A natural occurrence such as an earthquake, flood, tidal
wave, hurricane, superstorm, meteor, or tornado which causes substantial
damage to buildings or property.
9.52.020.0135 Affordable Rent. Affordable rent shall mean the following:
M
A. For 30% income households, the product of 30 percent times 30
percent of the area median income adjusted for household size
appropriate for the unit.
B. For 50% income households, the product of 30 percent times 50
percent of the area median income adjusted for household size
appropriate for the unit.
C. For 80% income households whose gross incomes exceed the
maximum incomes for 50% income households, the product of 30
percent times 60 percent of the area median income adjusted for
household size appropriate for the unit.
D. For moderate income households, the product of 30 percent times
110 percent of the area median income adjusted for household size
appropriate for the unit.
For purposes herein, affordable rent shall be adjusted as necessary to be
consistent with pertinent Federal or State statutes and regulations
governing Federal or State assisted housing.
9.52.020.0140 Alley. A public way permanently reserved for access to the rear or side of
properties otherwise abutting on a street.
9.52.020.0150 Alteration. Any change, addition or modification that changes the exterior
architectural appearance or materials of a structure or object. Alteration
includes changes in exterior surfaces, changes in materials, additions,
remodels, demolitions, and relocation of buildings or structures, but
excludes ordinary maintenance and repairs.
9.52.020.0160 Arcade. A public passageway or colonnade open along at least one side,
except for structural supports, usually covered by a canopy or permanent
roofing.
9.52.020.0165 Area Median Income (AMI). The median family income published from
time to time by HUD for the Los Angeles -Long Beach Metropolitan
Statistical Area.
9.52.020.0170 Artist. An individual who is recognized by critics and peers; has verifiable
training, credentials, and/or reputation in the field; and works in one or
more of the following areas:
A. A person who works in or is skilled in any of the fine arts, including
but not limited to painting, drawing, sculpture, book arts, and print
making;
B. A person who creates imaginative works of aesthetic value, including
but not limited to literature, poetry, play writing, film, video, digital
media works, literature, costume design, photography, architecture,
music composition, and conceptual art;
C. A person who creates functional art, including but not limited to
jewelry, rugs, decorative screens and grates, furniture, pottery, toys,
and quilts;
D. A performer, including but not limited to singers, musicians, dancers,
actors, and performance artists.
We
9.52.020.0180 Attic. The area less than seven feet in height, located above the ceiling
of the top story and below the roof that is not usable as habitable or
commercial space and is not accessible via a permanent access structure.
An attic shall not be considered a story. City -designated landmarks may
adapt attics to be habitable so long as they are within the historic building
envelope and result in no change to the roofline. Such an adoption will
also not be considered a story.
9.52.020.0190 Awning. An architectural projection that provides weather protection,
identity or decoration and is wholly supported by the building to which it is
attached. An awning is typically constructed of non -rigid materials on a
supporting framework which projects from and is supported by the exterior
wall of a building.
9.52.020.0200 Balcony. A platform that projects from the wall of a building 30 inches or
more above grade that is accessible from the building's interior, is not
accessible from the ground and is not enclosed by walls on more than two
sides. See also Deck.
9.52.020.0210 Base District. See Zoning District,
9.52.020.0220 Base Height. The maximum height to which a building or structure may
be built by right pursuant to the Land Use and Circulation Element (LUCE)
of the General Plan. This is also called the Tier 1 height.
9.52.020.0230 Basement. The level(s) of a structure located below Average Natural
Grade, Segmented Average Natural Grade, or Theoretical Grade, in
which no portion of the level directly below Average Natural Grade,
.IJ
Segmented Average Natural Grade, or Theoretical Grade projects more
than three feet above Average Natural Grade, Segmented Average
Natural Grade, or Theoretical Grade. Up to four wall surfaces of the level
directly below Average Natural Grade, Segmented Average Natural
Grade, or Theoretical Grade may be exposed above Finished Grade, so
long as this exposure does not exceed 40% of each of these wall surface
areas. Each wall surface area is calculated by multiplying the height by
the length of the wall. In addition, the visible wall surface height of these
walls shall not exceed three feet above Finished Grade, except for an
entrance to a garage, which must be designed to the minimum feasible
width and not exceed the maximum size requirements set forth in Chapter
9.28, or for any light well or emergency egress as required by the Building
Code. A basement shall not be considered a story.
9.52.020.0240 Bathroom. A room containing a sink, a toilet, and a shower and/or
bathtub.
9.52.020.0250 Bay Window. An angular or curved window that projects from the building
surface.
9.52.020.0260 Bedroom. Any habitable space in a dwelling unit or accessory structure
other than a kitchen or living room that is intended for or capable of being
used for sleeping, is at least 70 square feet in area, is separated from
other rooms by a door, and is accessible to a bathroom without crossing
another bedroom.
9.52.020.0270 Block. Property bounded on all sides by a public right-of-way.
R1
9.52.020.0280 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.
9.52.020.0290 Building, Accessory. 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
of the principal building if located less than six feet from the principal
building or if connected to it by fully enclosed space.
9.52.020.0300 Building, Principal. A building in which the principal use of the parcel on
which it is located is conducted.
9.52.020.0310 Building Code. Any ordinance of the City governing the type and method
of construction of buildings, signs, and sign structures and any
amendments thereto and any substitute therefore including, but not limited
to, the California Building Code, the State Historic Building Code, other
state -adopted uniform codes and the Minimum Building Security
Standards Ordinance.
9.52.020.0320 Building Face. The general outer surface of the structure or walls of a
building. Where bay windows or pillars project beyond the walls, the outer
surface of the windows or pillars shall be considered to be the face of the
building.
9.52.020.0330 Building Envelope. The aggregate of building mass and building bulk
permitted on a parcel which is defined by height regulations, setbacks and
other property development standards.
REA
9.52.020.0340 Building Footprint. See Footprint.
9.52.020.0350 Building Height. See Height.
9.52.020.0360 Building Site. A parcel or parcels of land occupied or to be occupied, by
a main building and accessory buildings together with such open spaces
as are required by the terms of this title and having its principal frontage
on a street, road, highway, or waterway.
9.52.020.0370 Build -to Line. A line parallel to the parcel line where the fagade of the
building is required to be located.
9.52.020.0380 Buffer, Buffering. An area on a parcel which is designed to separate
structures and uses from the general public and/or adjacent properties to
reduce negative impacts. It may include landscaping, fences, and walls.
9.52.020.0390 California Department of Alcoholic Beverage Control (ABC). The
California state agency that regulates the permitting of alcohol beverage
sales, including the sale of beer, wine, and distilled spirits.
9.52.020.0400 California Environmental Quality Act (CEQA). Public Resources Code
Section 21000 et seq. or any successor statute and associated guidelines
(California Code of Regulations Section 15000 et seq.) that require public
agencies to document and consider the environmental effects of a
proposed action before a decision.
9.52.020.0410 Canopy. A roofed shelter projecting over a sidewalk, driveway, entry,
window, or similar area that may be wholly supported by a building or may
93
be wholly or partially supported by columns, poles, or braces extending
from the ground.
9.52.020.0420 Car Sharing. A formal or informal membership organization that owns a
variety of motor vehicles that are parked in a number of different areas.
Members use the motor vehicles under the terms of their membership.
9.52.020.0430 Carport. A permanently roofed structure providing space for parking or
temporary storage of vehicles. It may or may not include sides, but will be
considered a garage if all four sides are enclosed.
9.52.020.0440 Change of Use. A discontinuance of an existing use and the substitution
therefor of a use such that the new use represents a different use group
(as defined in Chapter 9.51, Use Classifications) or is otherwise differently
regulated by the zoning ordinance compared to the prior use. A change of
ownership alone does not constitute a change of use. Resumption of a
use after abandonment is a change of use.
9.52.020.0450 Clerestory. A window or row of windows which typically run horizontally
and are located at the upper portion of a wall to allow additional light and
air into a room. A clerestory is not a skylight.
9.52.020.0460 City. The City of Santa Monica.
9.52.020.0470 City Council. The City Council of the City of Santa Monica.
9.52.020.0480 City Engineer. The City Engineer of the City of Santa Monica.
P
9.52.020.0490 City -Designated Contributing Building or Structure. A building or
structure designated by the City as contributing to the designation of an
area as a historic district pursuant to Section 9.56.130.
9.52.020.0500 City -Designated Historic Resource. Any existing property or structure
that is designated by the City as a Landmark, Structure of Merit, or a
Contributor to a Designated Historic District.
9.52.020.0510 City -Designated Landmark. An improvement designated by the City as
appropriate for historic preservation pursuant to Section 9.56.120.
9.52.020.0520 City -Designated Structure of Merit. An improvement designated by the
City as appropriate for official recognition pursuant to Section 9.56.090.
9.52.020.0530 County. The County of Los Angeles.
9.52.020.0540 Conditionally Permitted. Permitted subject to approval of a Conditional
Use Permit or Minor Use Permit.
9.52.020.0550 Construction. Construction, erection, enlargement, alteration,
conversion or movement of any building, structures, or land together with
any scientific surveys associated therewith.
9.52.020.0560 Corner Build -to Area. Area of a corner parcel where the fagade of the
building is required to be located.
9.52.020.0570 Courtyard. An unroofed area that is completely or mostly enclosed by
walls of a building.
9.52.020.0580 Cripple Wall. The short wood stud walls that enclose a crawl space under
the first floor used to support a dwelling between the concrete foundation
bIR
and the ground floor of a building. It elevates the dwelling above ground
to allow access to the utility lines or to level a dwelling built on a slope.
9.52.020.0590 Curb Cut. A break in a curb allowing vehicle access from the roadway to
a legal parking area within the parcel.
9.52.020.0600 Daylight Plane. A setback or series of setbacks on new buildings which
allows the flow of light and air to adjacent residential buildings and
properties.
9.52.020.0610 Deck. A platform, either freestanding or attached to a building that is used
for outdoor space. It typically extends from the fapade of a building and is
supported by pillars or posts but may be located on a flat portion of a
building, such as a roof or setback. It is distinct from a patio. See also
Balcony.
9.52.020.0620 Demising Wall. A partition wall that separates one tenant or owner's
space from another or from the building hallway or other common area.
9.52.020.0630 Demolition. The destruction, dismantling, or removal of a building or
structure or substantial portion of a building or structure so that it
constitutes demolition pursuant to the provisions of Section 9.25.030,
Demolition Defined.
9.52.020.0640 Development. Any manmade change to improved or unimproved real
estate, including but not limited to the division of a parcel of land into two
or more parcels; the construction, reconstruction, conversion, structural
alteration, relocation, expansion, or enlargement of any structure; any
mining, excavation, landfill or land disturbance; and any use or extension
of the use of land.
9.52.020.0650 Development Agreement. An agreement between the City and any
person having a legal or equitable interest in real property for the
development of such property and which complies with the applicable
provisions of the Government Code Section 65864 et seq. and local law
for such development agreements pursuant to Chapter 9.60,
Development Agreements.
9.52.020.0660 Director. The Director of Planning and Community Development of the
City of Santa Monica or his/her designee.
9.52.020.0670 Disability. Physical or mental impairment that substantially limits one or
more of a person's major life activities or a record of having an impairment,
but the term does not include current, illegal use of, or an addiction to, a
controlled substance. Current users of illegal controlled substances,
persons convicted with illegal manufacture or distribution of a controlled
substance, sex offenders, and juvenile offenders are not considered
disabled under the Fair Housing Act, by virtue of that status.
9.52.020.0680 Discretionary Permit. A Development Review Permit, Major
Modification, Variance, Minor Use Permit, or Conditional Use Permit, or
any other appealable permit that requires findings to be made.
9.52.020.0690 District, See Zoning District.
9.52.020.0700 Domestic Violence Shelter. A residential facility that provides temporary
accommodations to persons or families who have been the victims of
97
domestic violence. Such a facility may also provide meals, counseling,
and other services, as well as common areas for the residents of the
facility.
9.52.020.0710 Driveway. An accessway that provides vehicular access between a street
and the parking or loading facilities located on an adjacent property.
9.52.020.0720 Dwelling. A structure or portion thereof that is used principally for
residential occupancy.
9.52.020.0730 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. A dwelling
unit shall exceed 375 square feet in size.
9.52.020.0740 Easement. A portion of land created by grant or agreement for specific
purpose; an easement is the right, privilege, or interest which one party
has in the land of another.
9.52.020.0750 Effective Date. The date on which a permit or other approval becomes
enforceable or otherwise takes effect, rather than the date it was signed
or circulated.
9.52.020.0760 Emergency. A sudden unexpected occurrence demanding immediate
action to prevent or mitigate loss or damage to life, health, property or
essential public services.
9.52.020.0770 Entrance. An opening, such as a door, passage, or gate, that allows
access to a place.
W
9.52.020.0780 Environmental Review. An evaluation process pursuant to CEQA to
determine whether a proposed project may have a significant impact on
the environment.
9.52.020.0790 Environmental Impact Report (EIR). An Environmental Impact Report
as required under the California Environmental Quality Act.
9.52.020.0800 Erect. To build, construct, attach, hang, place, suspend, or affix to or upon
any surface.
9.52.020.0810 Excavation. The removal of soils or other materials below grade to install
habitable space, parking, utilities, or landscaping
9.52.020.0820 Fagade. The face of the exterior wall of a building exposed to public view
or that wall viewed by persons not within the building. The portion of any
exterior elevation of a building extending vertically from the grade to the
top of a parapet wall or eave and horizontally across the entire width of
the building elevation.
9.52.020.0830 Fagade, Street -Facing. Any building fagade whose exterior wall faces or
is within 45 degrees of parallel to an adjacent street, right-of-way, or public
park, plaza, or open space.
9.52.020.0840 Feasible. Capable of being accomplished in a successful manner within
a reasonable period of time, taking into account economic, environmental,
social and technological factors
9.52.020.0850 Fee. A payment to the City for the processing of a permit or license
application by a City Agency or Department.
Wel
9.52.020.0860 Fence. An artificially -constructed barrier of any material or combination of
materials erected to enclose or screen an area of land. Fences may also
be walls, hedges and screen planting.
9.52.020.0870 Floor Area. See Division 1, Section 9.04.080, Determining Floor Area, for
rules for calculating floor area.
9.52.020.0880 Floor Area Ratio. The ratio of the total floor area of all buildings on a
parcel to the total area of the parcel. See Division 1, Section 9.04.090,
Determining Floor Area Ratio, for rules for calculating floor area ratio.
9.52.020.0890 Footprint. The horizontal area, as seen in plan view, of a building or
structure, measured from the outside of exterior walls and supporting
columns, and excluding eaves and subterranean and semi -subterranean
levels.
9.52.020.0900 Frontage, Street. That portion of a parcel that borders a public street.
"Street frontage" shall be measured along the common parcel line
separating said parcel or parcel of land from the public street, highway, or
parkway.
9.52.020.0910 Garage. A building or portion thereof, containing accessible and usable
enclosed space designed, constructed and maintained for the parking or
storage of one or more motor vehicles.
9.52.020.0920 Semi -subterranean Garage. A structure located partly underground
used for parking and storage of vehicles.
100
9.52.020.0930 Subterranean Garage. A structure entirely underground, except for
openings for ingress and egress
9.52.020.0940 Garage Sales. The sale or offering for sale to the general public of over
five items of personal property on a portion of a parcel in a residentially
zoned district, whether inside or outside any building.
9.52.020.0950 General Plan. The City of Santa Monica General Plan.
9.52.020.0960 Glare. The effect produced by a light source within the visual field that is
sufficiently brighter than the level to which the eyes are adapted, such as
to cause annoyance, discomfort or loss of visual performance and ability.
9.52.020.0970 Government Code. The Government Code of the State of California.
9.52.020.0980 Grade. The location of the ground surface.
9.52.020.0990 Average Natural Grade. See Division 1, Section 9.04.050(A)(1).
9.52.020.1000 Existing Grade. The elevation of the ground at any point on a parcel as
shown on the required survey submitted in conjunction with an application
for a building permit or grading permit. Existing grade also may be referred
to as natural grade.
9.52.020.1010 Finished Grade. The finished surface of the ground, paving, lawn, or
other improved surface between the building and the parcel line.
9.52.020.1020 Segmented Average Natural Grade. See Division 1, Section
9.04.050(A)(2).
9.52.020.1030 Theoretical Grade. See Division 1, Section 9.04.050(A)(3).
101
9.52.020.1040 Ground Floor. The lowest floor of a building other than a basement that
is closest to finished grade.
9.52.020.1050 Ground Floor Street Frontage. The first level of a building, other than a
basement, that borders a public street.
9.52.020.1060 Habitation. Regular and exclusive use of a space or structure for shelter
and other residential purposes in a manner that is private and separate
from another residence on the same parcel.
9.52.020.1070 Hazardous Materials. Any material, including any substance, waste, or
combination thereof, which because of its quantity, concentration, or
physical, chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human health,
safety, property, or the environment when improperly treated, stored,
transported, disposed of, or otherwise managed.
9.52.020.1080 Height. The vertical distance from a point on the ground below a structure
to a point directly above. See also Division 1, Section 9.04.050, Measuring
Height.
9.52.020.1090 Historic Resource. Any existing property or structure that is designated
as a City Landmark, Structure of Merit, or a Contributor to a Designated
Historic District, or is listed on either the California Register of Historical
Resources or the National Register of Historic Places.
9.52.020.1100 Historic Resources Inventory (HRI). A database containing building
descriptions and evaluations of properties that exhibit potential historic,
architectural, or cultural significance in Santa Monica. Each property listed
102
on the HRI has been evaluated by professionals using nationwide
standards and criteria. The HRI is used to identify properties of potential
historic significance, and properties on the HRI are eligible to apply the
State Historical Building Code.
9.52.020.1110 Home Occupation. A commercial use conducted on residential property
by the inhabitants of the subject residence, which is incidental and
secondary to the residential use of the dwelling. See Section 9.31.160,
Home Occupation.
9.52.020.1120 Household. One or more persons living together in a single dwelling unit,
with access to and use of all common living and eating areas and all
common areas and facilities for the preparation and storage of food and
who maintain a single mortgage, lease, or rental agreement for all
members of the household.
9.52.020.1130 Illegal Use. Any use of land or building that does not have the currently
required permits and was originally constructed and/or established without
permits or approvals required for the use at the time it was brought into
existence.
9.52.020.1140 Intensity of Use. The extent to which a particular use or the use in
combination with other uses affects the natural and built environment in
which it is located, the demand for services, and persons who live, work,
and visit the area. Measures of intensity include but are not limited to
requirements for water, gas, electricity, or public services; number of
automobile trips generated by a use; parking demand; number of
IiURI
employees on a site; hours of operation; the amount of noise, light or glare
generated; the number of persons attracted to the site, or, in eating
establishments, the number of seats.
9.52.020.1150 Intersection, Street. The area common to two or more intersecting
streets.
9.52.020.1160 Kitchen. A room or space within a building with appliances used for
cooking or preparing food.
9.52.020.1170 Landscape. The following terms are related to Division 3, Chapter 9.26,
Landscaping.
9.52.020.1180 Automatic Controller. An automatic timing device used to remotely
control valves that operate an irrigation system.
9.52.020.1190 Backflow Prevention Device. A safety device used to prevent pollution
or contamination of the water supply due to the reverse flow of water from
the irrigation system.
9.52.020.1200 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.
9.52.020.1210 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
104
combination of individual shrubs, bushes, trees, or other similar
vegetation.
9.52.020.1220 Irrigation System. Any system, excluding water features, for distribution
of water through a pressurized system within the landscape area,
including, but not limited to, any system in which any portion is installed
below grade or affixed to any structure.
9.52.020.1230 Landscaping. The planting, configuration and maintenance of trees,
ground cover, shrubbery and other plant material, decorative natural and
structural features (walls, fences, hedges, trellises, fountains, sculptures),
earth patterning and bedding materials, and other similar site
improvements that serve an aesthetic or functional purpose. See Section
9.26.060,
9.52.020.1240 Moisture Sensing Device. A device that measures the amount of water
in the soil. The device may also suspend or initiate an irrigation event.
9.52.020.1250 Mulch. Any organic material such as leaves, bark, straw, compost, or
inorganic mineral materials such as rocks, gravel, and decomposed
granite left loose and applied to the soil surface for the beneficial purposes
of reducing evaporation, suppressing weeds, moderating soil
temperature, and preventing soil erosion.
9.52.020.1260 Plant Area. The portion of a parcel that is dedicated to the installation of
landscaping.
9.52.020.1270 Lighting. The following terms are related to Section 9.21.080, Lighting.
105
9.52.020.1280 Foot -Candle. A quantitative unit of measure for luminance. One foot-
candle is equal to the amount of light generated by one candle shining on
one square foot surface located one foot away. Equal to one lumen
uniformly distributed over an area of one square foot.
9.52.020.1290 Light Fixture. The assembly that holds a lamp and may include an
assembly housing, a mounting bracket or pole socket, a lamp holder, a
ballast, a reflector or mirrors, and a refractor or lens.
9.52.020.1300 Shielded Fixture. Outdoor light fixtures shielded or constructed so that
light rays emitted by the lamp are projected below the horizontal plane
passing through the lowest point on the fixture from which light is emitted.
9.52.020.1310 Lightwell. The portion of buildable area that is reserved as open space
for light and air, usually enclosed by building walls on the subject property
or adjacent property and extends for one or more floors.
9.52.020.1320 Living Quarters. A structure or portion thereof that is used principally for
human habitation.
9.52.020.1330 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.
9.52.020.1340 Loft, See Mezzanine.
9.52.020.1350 Lot. See Parcel.
9.52.020.1360 Maintenance and Repair. The repair or replacement of nonbearing walls,
fixtures, wiring, roof or plumbing that restores the character, scope, size
106
or design of a structure to its previously existing, authorized, and
undamaged condition.
9.52.020.1370 Manufactured Housing. A structure as defined by Health and Safety
Code Section 18007, or any successor thereto.
9.52.020.1380 Mezzanine. An intermediate floor within a building interior without walls,
partitions, closets, screens or other complete enclosing interior walls or
partitions that is open to the floor below and has a floor area that is no
greater than one-third of the total area of the overlooked room below.
When the total floor area of a mezzanine exceeds one-third of the total
area of the overlooked room below it constitutes an additional story and is
no longer considered a mezzanine. Mezzanines shall be concealed within
the building and shall not appear as an additional story on the exterior
building fagade. See Story.
9.52.020.1390 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.
9.52.020.1400 Mobile Home Park. Any area or tract of land where two or more lots are
rented or leased, or held out for rent or lease, to accommodate mobile
homes used for human habitation in accordance with Health and Safety
Code Section 18214, or any successor thereto.
9.52.020.1410 Natural Disaster. See Act of Nature.
9.52.020.1420 Nonconforming Building. See Nonconforming Structure.
107
9.52.020.1430 Nonconforming Structure. A building or structure that was erected in
compliance with the standards and requirements in effect when it was
constructed but does not comply with all of the applicable provisions of
this Ordinance including, but not limited to, density, floor area, height,
setback, usable open space, and other development standards. See
Chapter 9.27, Nonconforming Uses and Structures.
9.52.020.1440 Nonconforming Use. An occupancy or activity that was established in
compliance with the standards and requirements in effect at the time it
commenced and has not been abandoned within the same structure or on
the same parcel since that date but does not comply with all of the
applicable provisions of this Ordinance including, but not limited to,
permitted use, location, intensity, operational characteristics, performance
standards or hours of operation. See Chapter 9.27, Nonconforming Uses
and Structures.
9.52.020.1450 Open Space.
9.52.020.1460 Open Space, Common. Any outdoor area, not dedicated for public use,
which is designed and intended for the common use and enjoyment of the
residents and guests of more than one dwelling unit.
9.52.020.1470 Open Space, Private. Open areas for outdoor living and recreation that
are adjacent and directly accessible to a single dwelling unit, reserved for
the exclusive use of residents of the dwelling unit and their guests.
9.52.020.1480 Open Space, Usable. Outdoor areas that provide for outdoor living and/or
recreation for the use of residents.
W.
9.52.020.1490 Outdoor Sales, Temporary and Seasonal. The sale or offering for sale
to the general public of merchandise outside of a permanent structure on
property owned or leased by the person, firm, or corporation. These sales
are of a limited duration and conducted on an occasional basis, and are
secondary or incidental to the principal permitted use or structure existing
on the property.
9.52.020.1500 Outdoor Storage. The keeping, in an unroofed area, of any goods, junk,
material, merchandise or vehicles in the same place for more than 72
hours except for the keeping of building materials reasonably required for
construction work on the premises pursuant to a valid and current Building
Permit issued by the City.
9.52.020.1510 Overlay District. A zoning designation specifically delineated on the
Districting Map establishing land use requirements that govern in addition
to the standards set forth in the underlying base district.
9.52.020.1520 Parapet. A low wall or railing extending above the roof and along its
perimeter.
9.52.020.1530 Parcel. A single unit of land separated from other units of land by legal
description, the boundaries of which are shown on a parcel map or final
map, described in a deed, or for which a certificate of compliance has
been issued pursuant to the Subdivision Map Act. [Parcel shall also
include two or more parcels where the owner(s) have recorded a covenant
with the Office of the County Recorder that states the intention of the
109
owner(s) to combine and use the parcels as a single unit of land in
compliance with City regulations.]
9.52.020.1540 Parcel, Corner. A parcel of land abutting two or more streets at their
intersection, or upon two parts of the same street forming an interior angle
of less than 135 degrees.
9.52.020.1550 Parcel, Flag. A parcel not fronting on or abutting a public road and where
access is from a public road by a narrow right-of-way or driveway.
9.52.020.1560 Parcel, Key. The first interior parcel to the rear of a reversed corner parcel
and not separated therefrom by an alley.
9.52.020.1570 Parcel, Reversed Corner. A corner parcel, the side street line of which is
substantially a continuation of the front parcel line of the first parcel to its
rear.
9.52.020.1580 Parcel, Through. A parcel which fronts on two parallel streets or which
fronts upon two streets which do not intersect at the boundaries of the
parcel.
9.52.020.1590 Parcel Area. The total area within the property lines of a parcel, excluding
any street or alley right-of-way.
9.52.020.1600 Parcel Depth. The longest perpendicular length between a front and rear
parcel line or an imaginary extension of a rear parcel line as necessary for
non -rectilinear parcels.
9.52.020.1610 Parcel Frontage. The width of the front parcel line measured at the street
right-of-way.
110
9.52.020.1620 Parcel Line. A line of record bounding a parcel that divides one parcel
from another parcel or from a public or private street or any other public
space.
9.52.020.1630 Parcel Line, Front. The parcel line separating a parcel from a street right-
of-way. In the case of a corner parcel, the line separating the narrowest
street frontage of the parcel from the street shall be considered the front.
For corner parcels with equal street frontage dimensions, the front of the
parcel is the street frontage that is consistent with the prevailing street
frontage orientations along the block where the corner parcel is located.
For parcels between a walk street and an alley, the front of the parcel is
considered along the walk street. For through parcels between a walk
street and a street with vehicular access, the front of the parcel is
considered along the street with vehicular access.
9.52.020.1640 Parcel Line, Rear. The parcel line opposite and most distant from the
front parcel line; or in the case of triangular or otherwise irregularly shaped
parcel, a line ten feet in length entirely within the parcel, parallel to, and at
a maximum distance from the front parcel line.
9.52.020.1650 Parcel Line, Side. Any parcel line other than a front or rear parcel line.
9.52.020.1660 Parcel Width. For rectilinear parcels, the distance between the side
parcel lines determined by the length of a straight line drawn at right
angles to the side parcel lines and parallel with both the front and rear
parcel lines. For non -rectilinear parcels, a series of measurements based
111
on the location of the side parcel lines shall be required to determine
varying parcel widths at any given locations on the parcel.
9.52.020.1670 Parking Facility. An area of a parcel, structure, or any other area,
including driveways, which is designed for and the primary purpose of
which is to provide for the temporary storage of operable motor vehicles.
9.52.020.1680 Accessory Parking. An area of a parcel, structure, or any other area,
which is designed, reserved for, and the primary purpose of which is to
provide off-street parking to serve a building or use that is the primary or
main use of the parcel.
9.52.020.1690 Long -Term Parking. An area designed for employee or parking when a
vehicle is not normally moved during the period of an employee's work
shift, as opposed to customer or visitor parking.
9.52.020.1700 Parking, Bicycle. A covered or uncovered area equipped with a rack or
other device designed and useable for the secure, temporary storage of
bicycles.
9.52.020.1710 Long -Term Bicycle Parking. Bicycle parking that is designed to serve
employees, students, residents, commuters, and others who generally
stay at a site for three hours or longer.
9.52.020.1720 Short -Term Bicycle Parking. Bicycle parking that is designed to serve
shoppers, customers, messengers, guests, and other visitors to a site who
generally stay for a period of less than four hours.
112
9.52.020.1730 Parking Space, Off -Street. An area, covered or uncovered, designed
and usable for the temporary storage of a vehicle, which is paved and
accessible by an automobile without permanent obstruction.
9.52.020.1740 Accessible Parking. Parking spaces that are designed and reserved for
a vehicle(s) that is dedicated to persons with disabilities.
9.52.020.1745 Automated Parking System. Off-street parking facility where vehicular
storage and retrieval within such facility is accomplished entirely through
a mechanical conveyance system. A parking facility with parking lift
systems that require an attendant to maneuver a vehicle that is to be
parked shall not be considered an automated parking facility.
9.52.020.1750 Car Share Parking. Parking spaces that are dedicated for a vehicle(s)
provided by a certified car -share organization for the purpose of providing
a car -share -service to occupants of a building or the general public.
9.52.020.1760 Independently -Accessible Parking. Parking spaces that allow a vehicle
to be accessed without having to move another vehicle under its own
power. They shall include spaces accessed by automated garages, or car
elevators, lifts or other space -efficient parking provided that no more than
one car needs to be moved under its own power to access any one space.
9.52.020.1770 Shared Parking. The management of parking spaces so that they can be
used by multiple users. This allows for the more efficient use of parking
facilities. Parking may be shared between multiple users on the same
parcel, between multiple users on different parcels, or in dedicated shared
parking facilities such as public parking lots.
113
9.52.020.1780 Stacked Parking. Space -efficient parking in which vehicles are stored
and accessed by mechanical stackers or lifts or other space -efficient
means.
9.52.020.1790 Tandem Parking. Parking spaces that are placed one behind another and
where a vehicle needs to be moved to access the desired parking space.
9.52.020.1800 Unbundled Parking. The practice of selling or leasing parking spaces
separate from the purchase or lease of the commercial or residential use.
9.52.020.1810 Valet Parking. Stacked or valet parking is allowed if an attendant is
present or an automated system is in place to move vehicles. The
automated system may or may not be managed by an attendant.
9.52.020.1820 Parking Structure. A structure used for parking and storage of vehicles.
9.52.020.1830 Semi -Subterranean. A parking structure located partially underground.
9.52.020.1840 Subterranean. A parking structure located entirely underground, except
for openings for ingress and egress.
9.52.020.1850 Patio. An outdoor area, often paved, adjoining a building that is used for
outdoor open space. It is not fully enclosed by walls and typically is located
at grade or supported by minimal footings.
9.52.020.1860 Paving. A type of material used over areas of a parcel such as driveways,
parking spaces and areas, pathways, patios, and front setbacks used for
access by vehicles and pedestrians.
9.52.020.1870 Permit. Any Zoning Conformance, Conditional Use Permit, Minor Use
Permit, Temporary Use Permit, Development Review Permit,
114
Administrative Approval, Home Occupation, Building Permit, license,
certificate, approval, or other entitlement for development and/or use of
property as required by any public agency.
9.52.020.1880 Permitted Use. Any use or structure that is allowed in a zoning district
without a requirement for approval of a Use Permit, but subject to any
restrictions applicable to that zoning district.
9.52.020.1890 Person. Any natural person or other entity recognized by California law
as such, including a firm, association, organization, partnership, business
trust, company, or corporation.
9.52.020.1900 Person with a Disability. A person who has a physical or mental
impairment that limits one or more major life activities; anyone who is
regarded as having that type of impairment; or anyone who has a record
of that type of impairment.
9.52.020.1910 Planning Commission. The Planning Commission of the City of Santa
Monica.
9.52.020.1920 Plaza. An outdoor space set aside for gathering or congregating and
commercial activities, typically surrounded by building frontages.
9.52.020.1930 Podium. A continuous raised platform supporting a building or a large
block of two or three stories beneath a multi -story block of smaller area.
9.52.020.1940 Porte Cochere. A roofed structure through which a vehicle can pass,
extending from the entrance of a building over an adjacent driveway, the
purpose of which is to shelter persons entering and exiting a building.
115
9.52.020.1950 Pre -Existing. In existence prior to the effective date of this Ordinance.
9.52.020.1960 Primary Use. See Use, Primary.
9.52.020.1970 Private Tennis Court. A tennis court which is used for noncommercial
purposes by the owner(s) of the property or guests.
9.52.020.1980 Project. Any proposal for a new or changed use or for new construction,
alteration, or enlargement of any structure, that is subject to the provisions
of this ordinance. This term includes, but is not limited to, any action that
qualifies as a "project" as defined by the California Environmental Quality
Act.
9.52.020.1990 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.
9.52.020.2000 Public Resources Code. The Public Resources Code of the State of
California.
9.52.020.2010 Qualified Applicant. The property owner, the owner's agent, or any
person or other legal entity that has a legal or equitable interest in land
that is the subject of a development proposal or is the holder of an option
or contract to purchase such land or otherwise has an enforceable
proprietary interest in such land.
9.52.020.2020 Ramp. An access driveway leading from one parking level to another, or
an access driveway from an entrance leading to parking at a different
level.
116
9.52.020.2030 Reasonable Accommodation. A type of discretionary permit that, if
approved, would provide for persons with disabilities seeking equal
access to housing under the California Fair Employment and Housing Act,
the Federal Fair Housing Act, and the Americans with Disabilities Act
(ADA) in the application of building and zoning laws and other land use
policies, procedures, laws, rules, and regulations.
9.52.020.2040 Residential Use. One or more rooms designed, occupied or intended for
occupancy as primary living quarters in a building or portion thereof.
9.52.020.2050 Review Authority. Body responsible for making decisions on zoning and
related applications.
9.52.020.2060 Right -of -Way. A strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation and intended to be occupied or
occupied by a road, railroad, electric transmission lines, oil or gas pipeline,
water line, sanitary storm sewer or other similar use.
9.52.020.2070 Roof. That portion of a building or structure above walls or columns that
shelters the floor area or the structure below.
9.52.020.2080 Barrel Roof. An arched roof with a semi -circular, half -cylindrical shape.
9.52.020.2090 Gambrel Roof. A roof with two slopes on each of its two sides of which
the lower is steeper than the upper slope.
9.52.020.2100 Hip Roof. A four-sided roof with sloping ends and sides.
9.52.020.2110 Mansard Roof. A roof with two sloping planes of different pitch on each
of the four sides.
117
9.52.020.2120 Pitched Roof. A roof with two sides that have at least one foot of vertical
rise for every three feet of horizontal run.
9.52.020.2130 Shed Roof. A roof with a single slope.
9.52.020.2140 Roof Deck. A platform located on the flat portion of a roof or setback of a
building that is used for outdoor space. It distinct from a Patio.
9.52.020.2150 Screening. Buffering of a building or activity from neighboring areas or
from the street with a wall, fence, hedge, informal planting, or berm.
9.52.020.2160 Security Grate or Grilles. A metal grate that rolls up over, or slides
across, a window or door to provide protection against unwanted entry. It
also can be a fixed metal fixture over window openings.
9.52.020.2170 Senior Citizen. An individual sixty-two years of age or older unless
otherwise expressly stated in this Ordinance.
9.52.020.2180 Setback. The distance between the parcel line and a building, not
including permitted projections, that must be kept clear or open. See also
Section 9.04.040, Measuring Distances, Section 9.04.130, Determining
Setbacks, and Section 9.21.110, Projections into Required Setbacks.
9.52.020.2190 Setback, 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.
9.52.020.2200 Setback, Rear. A space extending the full width of the 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. When a
HE,
rear parcel line abuts an alley or walkstreet, the rear setback shall be
measured from the center line of the alley or walkstreet.
9.52.020.2210 Setback, Side. A space extending the full depth of the 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. For non -
rectilinear parcels, a space extending the full depth of the parcel between
the principal building and the side parcel line(s) measured using a series
of measurements parallel to the front parcel line to determine varying
parcel widths at any given locations on the parcel.
9.52.020.2220 Setback, Street Side. A space extending the full depth of the parcel
between the principal building and the side parcel line adjacent to a public
street right-of-way measured perpendicularly from the side parcel line to
the closest point of the principal building. For non -rectilinear parcels, a
space extending the full depth of the parcel between the principal building
and the side parcel line(s) adjacent to a public street right-of-way
measured using a series of measurements parallel to the front parcel line
to determine varying parcel widths at any given locations on the parcel.
9.52.020.2230 Sexually -Oriented Business. See Chapter 9.59, Sexually -Oriented
Businesses, for details.
9.52.020.2240 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.
119
9.52.020.2250 Sidewalk. A paved, surfaced, or leveled area, paralleling and usually
separated from the street, used as a pedestrian walkway.
9.52.020.2260 Sidewalk Cafe. Any outdoor dining area located in or adjacent to any
public sidewalk or right-of-way which is associated with a restaurant or
other eating and drinking establishment on a contiguous adjacent parcel.
9.52.020.2270 Sign -Related Definitions. All terms relating to signage are defined in
Chapter 9.61, Signs.
9.52.020.2280 Site. A parcel, or group of contiguous parcels, that is proposed for
development in accordance with the provisions of this Ordinance and is in
a single ownership or under unified control.
9.52.020.2290 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.
9.52.020.2300 Solar Energy System. Any solar collector or other solar energy device,
certified pursuant to State law, along with its 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, or 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.
9.52.020.2310 State Historical Building Code. California Code of Regulations, Title 24,
Part 8, or any successor thereto, which constitutes a special State -
120
adopted building code for historic buildings allowing flexible approaches
to their construction problems. This Code was developed to accommodate
changes necessary for the continued use of historic buildings, while
preserving their historic character and significant architectural features.
Applicants may elect to use the State Historic Building Code as an
alternative to standard construction codes such as the City's Building
Code or Electrical Code.
9.52.020.2320 Story. That portion of a building included between the upper surface of
any floor and the upper surface of the floor next above, except that the
topmost story shall be that portion of a building included between the
upper surface of the topmost floor and the upper surface of the roof above.
A mezzanine with a floor area that exceeds one third of the floor area of
the overlooking room of the floor below constitutes a story. An Attic and
Basement shall not be considered stories.
9.52.020.2330 Street. A public or private thoroughfare which affords the access to a
block and to abutting property. "Street" includes avenue, place, way, drive,
boulevard, highway, road, and any other thoroughfare, except an alley as
defined herein.
9.52.020.2340 Street Tree. Trees that are located in the public right-of-way.
9.52.020.2350 Street Wall. A wall or portion of a wall of a building facing a street.
9.52.020.2360 Structural Alterations. Any physical change to or the removal of the
supporting members of a structure or building, such as bearing walls,
121
columns, beams, or girders including the creation, enlargement, or
removal of doors or windows and changes to a roofline or roof shape.
9.52.020.2370 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.
9.52.020.2380 Structure, Accessory. A detached subordinate structure, used only as
incidental to the main structure on the same parcel.
9.52.020.2390 Structure, Main. A structure housing the principal use of a site or
functioning as the principal use.
9.52.020.2400 Structure, Subterranean. A structure located entirely underground,
except for openings for ingress and egress.
9.52.020.2410 Structure, Temporary. A structure without any foundation or footings and
which is intended to be removed when the designated time period, activity,
or use for which the temporary structure was erected has ceased.
9.52.020.2420 Subdivision. See Chapter 9.54, Land Divisions, for all subdivision
definitions.
9.52.020.2430 Swimming Pool. A pool, pond, or open tank capable of containing a large
and deep enough body of water for people to use to swim.
9.52.020.2440 Temporary Structure. See Structure, Temporary.
9.52.020.2450 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.
IMMA
9.52.020.2460 Trash Screen/Enclosure. A permanent, immobile structure, designed for
the storage of a mobile resource recovery, recycling, or compost bin or
container.
9.52.020.2470 Unit. See Dwelling Unit.
9.52.020.2480 Use. The purpose for which land or the premises of a building, structure,
or facility thereon is designed, arranged, or intended, or for which it is or
may be occupied or maintained.
9.52.020.2490 Use, Accessory. A use that is customarily associated with, and is
incidental and subordinate to, the primary use and located on the same
parcel as the primary use.
9.52.020.2500 Use, Primary. A primary, principal or dominant use established, or
proposed to be established, on a parcel. In a mixed-use building, there
may be more than one primary use.
9.52.020.2510 Use Classification. A system of classifying uses into a limited number of
use types on the basis of common functional, product, or compatibility
characteristics. All use types are grouped into the following categories:
residential; public and semi-public; commercial; industrial; and
transportation, communication, and utilities. See Chapter 9.51, Use
Classifications.
9.52.020.2520 Use Permit. A discretionary permit, such as a Minor Use Permit or
Conditional Use Permit, which may be granted by the appropriate City
authority to provide for the accommodation of land uses with special site
or design requirements, operating characteristics, or potential adverse
123
effects on surroundings, which are not permitted as of right but which may
be approved upon completion of a review process and, where necessary,
the imposition of special conditions of approval by the permit granting
authority. See Chapter 9.41, Minor Use Permits and Conditional Use
Permits.
9.52.020.2530 Use Type. A category which classifies similar uses based on common
functional, product, or compatibility characteristics.
9.52.020.2540 Utilities. Equipment and associated features related to the mechanical
functions of a building(s) and services such as water, electrical,
telecommunications, and waste.
9.52.020.2550 Vibration. A periodic motion of the particles of an elastic body or medium
in alternately opposite directions from the position of equilibrium.
9.52.020.2560 View Corridor. An area where there is a view of all or a portion of a
panoramic subject, scene, or area.
9.52.020.2570 Wall. Any exterior surface of building or any part thereof, including
windows.
9.52.020.2580 Window. An opening in a wall of a building that may be filled with glass
or other material in a frame. They typically allow light and air into the
interior of a building but also serve as vehicles for viewing merchandise in
commercial properties.
124
9.52.020.2590 Primary Room Window. A glazed surface whose area is larger than any
other glazed surface in a living room, dining room, family room, library, or
similar such activity room in a dwelling unit.
9.52.020.2600 Secondary Room Window. A glazed surface serving a bedroom,
bathroom, kitchen, stairway, corridor, or storage area in a dwelling unit, or
a non -primary window in a primary space.
9.52.020.2610 Yard, See Setback.
9.52.020.2620 Zoning Administrator. The Director of the Department of Planning and
Community Development, or designee.
9.52.020.2630 Zoning District. A specifically delineated area or district in the City within
which regulations and requirements uniformly govern the use, placement,
spacing, and size of land and buildings.
SECTION 16. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 17. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
125
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 18. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
LANE DILG
City Attorney
126
Approved and adopted this 12th day of June, 2018.
Ted Winterer, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson -Warren, City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2576 (CCS) had its introduction
on May 22, 2018, and was adopted at the Santa Monica City Council meeting
held on June 12, 2018, by the following vote:
AYES: Councilmembers Himmelrich, McKeown, O'Day, Vazquez
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O'Connor
ATTEST:
Denise Anderson -Warren, i y Clerk Date
A summary of Ordinance No. 2576 (CCS) was duly published pursuant to
California Government Code Section 40806.