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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.