O2649City Council Meeting: September 8, 2020 Santa Monica, California
ORDINANCE NUMBER 2649 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA TO AMEND FOR CONSISTENCY WITH STATE LAW PROVISIONS
THE TEXT OF THE CITY’S ZONING ORDINANCE RELATED TO ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS; STATE DENSITY
BONUSES FOR CERTAIN ONE HUNDRED PERCENT AFFORDABLE HOUSING
PROJECTS AND AFFORDABLE HOUSING INCENTIVES; AND LARGE FAMILY DAY
CARES
WHEREAS, the State is experiencing a severe housing crisis that is driving the
cost of living beyond the reach of an increasing share of the population; and
WHEREAS, the City has long been committed to ensuring that Santa Monica is an
inclusive and affordable community despite mounting market pressures; and
WHEREAS, through discussions that occurred as part of the adoption of major
policy documents, including the current Land Use and Circulation Element (“LUCE”) of
the City’s General Plan in 2010; the current Housing Element in 2013; the current Zoning
Ordinance, Chapters 9.01 through 9.52 of Article 9 of the Santa Monica Municipal Code
(“Zoning Ordinance”) in 2015; and the Downtown Community Plan in 2017, and recent
amendments to the City’s Affordable Housing Production Program, the City has identified
the need for a variety of housing types to serve all household sizes at all income levels;
and
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WHEREAS, on September 5, 2019, the Governor signed SB 234, which prohibits
a city from requiring zoning permits for large family daycare homes, and further limits a
city’s ability to regulate family daycare homes in residential neighborhoods; and
WHEREAS, on October 9, 2019, the Governor signed 18 bills into law to stimulate
housing production (the “2019 housing package”), including: AB 1763, which amends the
State Density Bonus Law to provide for increased density bonus incentives for housing
developments that contain one hundred percent of the total units for lower income and
moderate-income households; and WHEREAS, AB 881, AB 68, and SB 13, which amend
State law to further restrict a city’s ability to regulate accessory dwelling units and junior
accessory dwelling units as a means of encouraging and increasing their production; and
WHEREAS, on December 4, 2019, the Planning Commission adopted a
Resolution of Intention, Resolution Number 19-017, declaring its intention to consider
recommending to the City Council that the City Council amend the text of the Zoning
Ordinance for consistency with state law changes related to density bonus, accessory
dwelling units and large family day cares; and
WHEREAS, on May 13, 2020, the Planning Commission conducted a public
hearing to consider its recommendations to the City Council, and, after considering oral
and written testimony regarding the proposed amendments to the text of the Zoning
Ordinance, made the following findings as set forth in Resolution Number 20-007 (PCS):
1. The proposed amendments to the text of Zoning Ordinance to update
provisions related to large family daycares, accessory dwelling units and junior
accessory dwelling units, and density bonus for consistency with State law are
consistent with the General Plan and any applicable Specific Plan in that the
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amendments implement the LUCE policies to support childcare, housing
production, and 100% affordable housing through incentives for process and
development potential. Specifically, Policy CE9.1 calls for the support of large
family childcare homes by encouraging their harmonious integration into
neighborhoods and to provide incentives such as streamlines processing and
permit regulations. With respect to accessory dwelling units, the LUCE specifically
establishes that accessory dwelling units are permitted in single family housing
designations. Further, Policies LU11.3 and LU11.6 seek to provide incentives for
affordable housing with a focus on process streamlining, bonuses, and flexible
standards. The proposed amendments also support housing production through
process incentives for projects that comply with objective standards in the zoning
ordinance; and
2. The proposed amendments are consistent with the purposes of the
Zoning Ordinance in that they update provisions related to large family daycares,
accessory dwelling units, and density bonus for consistency with State law,
promote the growth of the City in an orderly manner, and promote and protect the
public health, safety, and general welfare; and
WHEREAS, on August 25, 2020, the City Council conducted a duly noticed hearing
to consider the findings and recommendations of the Planning Commission, and desires
to adopt the proposed Zoning Ordinance amendments set forth below.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Based upon the oral and written testimony presented to the City
Council at the public hearing on August 25, 2020 regarding the proposed changes to
the text of the Zoning Ordinance, the City Council hereby makes the following findings:
1. The proposed amendments to the text of the Zoning
Ordinance to update provisions related to large family daycares, accessory
dwelling units and junior accessory dwelling units, and density bonus for
consistency with State law are consistent with the General Plan and any
applicable Specific Plan in that the amendments implement the LUCE
policies to support childcare, housing production, and 100% affordable
housing through incentives for process and development potential.
Specifically, Policy CE9.1 calls for the support of large family childcare
homes by encouraging their harmonious integration into neighborhoods and
providing incentives such as streamlined processing and permit regulations.
With respect to accessory dwelling units, the LUCE specifically establishes
that accessory dwelling units are permitted in single family housing
designations. Further, Policies LU11.3 and LU11.6 seek to provide
incentives for affordable housing with a focus on process streamlining,
bonuses, and flexible standards. The proposed amendments also support
housing production through process incentives for projects that comply with
objective standards in the Zoning Ordinance.
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2. The proposed amendments are consistent with the purposes
of the Zoning Ordinance in that they update provisions related to large
family daycares, accessory dwelling units, and density bonus for
consistency with State law, promote the growth of the City in an orderly
manner, and promote and protect the public health, safety, and general
welfare.
SECTION 2. Santa Monica Municipal Code Section 9.04.080 is hereby amended
to read as follows:
9.04.080 Determining Floor Area
The floor area of a building is the total gross horizontal areas of all floors of a
building, including usable basements and all other areas measured from the interior face
of the exterior walls or, in the case of a shared wall, from the centerline of a wall separating
the two buildings. Floor area also includes unenclosed decks, balconies, porches, and
platforms used for commercial or restaurant activity. In addition to calculating floor area
ratio, floor area shall be used to determine parking requirements and all relevant impact
fees including but not limited to affordable housing fees, transportation impact fees,
childcare linkage fees, cultural arts fees, and parks and recreation fees.
A. Included in Floor Area. Floor area is deemed to include:
1. The actual floor space of all habitable rooms on all levels and
mezzanines, interior balconies, lofts, and closets;
2. Restrooms, lounges, lobbies, kitchens, storage areas, and interior
hallways and corridors;
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3. Portions of basements that meet Building Code requirements for
habitable space;
4. Enclosed and roofed porches and balconies;
5. Interior courtyards, atria, paseos, walkways and corridors that are
fully enclosed;
6. Storage and equipment spaces that are roofed and enclosed on all
sides; and
7. Covered parking at or above grade.
B. Excluded from Floor Area. Floor area does not include:
1. Stairways and stairwells;
2. Elevators, elevator equipment rooms, and elevator shafts;
3. Ramps to a subterranean or semi-subterranean parking structure or
ramps between floors of a parking structure provided the ramp does not
accommodate parking;
4. Loading spaces and docks used exclusively for loading and
unloading as required by Section 9.28.080;
5. Unenclosed decks, balconies, porches, and platforms not used for
commercial or restaurant activity;
6. Covered and uncovered courtyards, arcades, atria, paseos,
walkways, and corridors located at or near the street level and are accessible to
the general public provided they are not used as sales, display, storage, service,
or production areas;
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7. Parking areas located below finished grade or finished floor of
habitable space where the vertical distance between finished grade and finished
floor is 5 feet or less;
8. Semi-subterranean parking areas that meet the following criteria:
a. The parking area is located below finished grade along a
minimum of one street frontage;
b. The portions of the parking area located above finished grade
are a result of the site’s slope and cannot feasibly be fully subterranean due
to geological or physical site constraints; and
c. The facades of any of the visible portions of the parking area
located above finished grade are appropriately treated and landscaped.
9. Mechanical equipment rooms, electrical rooms, telecommunication
equipment rooms, and similar space located below grade;
10. Enclosures constructed pursuant to Section 9.31.060, Automobile
Repair, Major and Minor, for outdoor hoists in existence on the adoption of
Ordinance Number 1452 (CCS);
11. Attics;
12. Accessory dwelling units and junior accessory dwelling units
established in accordance with Section 9.31.025.
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SECTION 3. Santa Monica Municipal Code Section 9.04.100 is hereby amended
to read as follows:
9.04.100 Determining Residential Parcel Coverage
Parcel coverage is the ratio of the total footprint area of all structures on a parcel
to the parcel area, typically expressed as a percentage. Areas directly below projections
as identified in Section 9.21.110 that are not within minimum setback areas shall be
considered part of the footprint area of a story for purposes of calculating parcel coverage
for that story. Areas directly below a fully-enclosed second-story cantilever shall be
considered part of the ground floor footprint area for purposes of calculating ground floor
parcel coverage. Areas in any single-story portion of the building that exceed the height
of the second story shall be considered part of the second-story footprint area for
purposes of calculating second-story parcel coverage. Areas covered by or directly below
the following shall be excluded from the footprint area for purposes of determining parcel
coverage:
A. Permitted projections into minimum setback areas pursuant to Section
9.21.110;
B. Eaves, awnings, canopies, sun shades, sills, cornices, belt courses, or other
similar solid architectural features not within minimum setback areas project up to the
same distances as permitted pursuant to Section 9.21.110;
C. Greenhouse windows, bay windows, or similar architectural features not
within minimum setback areas projecting to the same dimensions as permitted pursuant
to Section 9.21.110;
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D. First-story roofed front porches of principal buildings that are open on at
least the front and one side elevation not within minimum setback areas;
E. Upper-story stepback areas that are open to the sky or covered by a roof
structure that is at least 50% open to the sky;
F. First-story outdoor areas open on at least two sides that are covered or
below a permitted upper-story outdoor space;
G. Projecting upper-story outdoor space not within minimum setback areas
open on at least two contiguous sides and open to the sky or covered by a roof structure
that is at least 50% open to the sky;
H. Accessory dwelling units and junior accessory dwelling units established in
accordance with Section 9.31.025;
I. Within the R1 District, areas totaling no more than 3% of the parcel area
directly below a fully enclosed second-story cantilever; and
J. Within the R1 District, accessory structures that are open to the sky or
covered by a roof structure that is at least 50% open to the sky.
SECTION 4. Santa Monica Municipal Code Section 9.07.010 is hereby amended
to read as follows:
9.07.010 Purpose
The purposes of the “Single-Unit Residential” District are to:
A. Provide for single-unit housing on individual parcels at densities of one unit
plus one accessory dwelling unit and one junior accessory dwelling unit to suit the
spectrum of individual lifestyles and space needs and ensure continued availability of the
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range of housing opportunities necessary to meet the needs of all segments of the
community consistent with the General Plan and State law.
B. Preserve and protect the existing character and state of the City’s different
residential neighborhoods and the quality of life of City residents against potential
deleterious impacts related to development—traffic, noise, air quality, and the
encroachment of commercial activities.
C. Ensure adequate light, air, privacy, and open space for each dwelling.
D. Avoid overburdening public facilities, including sewer, water, electricity, and
schools by an influx and increase of people to a degree larger than the City’s geographic
limits, tax base, or financial capabilities can reasonably and responsibly accommodate.
E. Ensure that the scale and design of new development and alterations to
existing structures are consistent with the scale, mass, and character of the existing
residential neighborhood.
F. Provide sites for institutional, residential, and neighborhood serving uses
such as day care, parks, and community facilities.
G. Promote the rehabilitation and long-term maintenance of existing
structures.
The specific designation and additional purposes of the Single-Unit Residential District
are:
R1 Single-Unit Residential. To provide areas for single-unit housing on individual
parcels at densities of one unit plus one accessory dwelling unit and one junior accessory
dwelling unit per legal parcel. In addition to detached single-unit homes, accessory
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dwelling units, and junior accessory dwelling units, this District provides for uses such as
parks and family day care that may be integrated into a residential environment.
SECTION 5. Santa Monica Municipal Code Section 9.07.020 is hereby amended
to read as follows:
9.07.020 Land Use Regulations
Table 9.07.020 prescribes the land use regulations for Single-Unit Residential District.
The regulations for each district are established by the letter designations listed below.
These designations apply strictly to the permissibility of land uses; applications for
buildings or structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with
specific limitations listed at the end of the table.
“CUP” designates use classifications that are permitted after review and approval of a
Conditional Use Permit.
“MUP” designates use classifications that are permitted after review and approval of a
Minor Use Permit.
“–” designates uses that are not permitted.
Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and sub-
classifications not listed in the table are prohibited. Accessory uses are permissible when
they are determined by the Zoning Administrator to be necessary and customarily
associated with and appropriate, incidental, and subordinate to, the principal uses and
which are consistent and not more disturbing or disruptive than permitted uses. The table
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also notes additional use regulations that apply to various uses. Section numbers in the
right-hand column refer to other Sections of this Ordinance.
TABLE 9.07.020: LAND USE REGULATIONS—SINGLE-UNIT RESIDENTIAL DISTRICTS
Use Classification R1 Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.
Single Unit Dwelling P
Accessory Dwelling Unit P Section 9.31.025, Accessory Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit P Section 9.31.025, Accessory Dwelling Units and Junior
Accessory Dwelling Units
Duplex MUP
Only on parcels having not less than 6,000 square feet of
area and a side parcel line of which abuts or is separated
by an alley from any R2, R3, or R4 district
Family Day Care See sub-classifications below.
Large P Section 9.31.140, Family Day Care, Large
Small P
Residential Facilities See sub-classifications below.
Residential Care, Limited P Section 9.31.270, Residential Care Facilities
Hospice, Limited P
Supportive Housing P
Transitional Housing P
Public and Semi-Public Uses
Adult Day Care CUP
Child Care and Early Education
Facilities CUP Section 9.31.120, Child Care and Early Education
Facilities
Bed and Breakfast CUP Within Designated Landmarks only. Section 9.31.090,
Bed and Breakfasts
Community Assembly CUP
Community Gardens P
Park and Recreations Facilities, Public P
Schools, Public or Private CUP
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P P P
Utilities, Minor P P P
SECTION 6. Santa Monica Municipal Code Section 9.07.030 is hereby amended
to read as follows:
9.07.030 Development Standards
Table 9.07.030 prescribes the development standards for the Single-Unit
Residential (R1) District. Additional regulations, including incentives for the retention of
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existing homes, are denoted with Section numbers throughout the table. Specific R1
District design review criteria is located directly following the table.
Table 9.07.030: Development Standards—Single-Unit Residential District
Standard R1 Additional Regulations
Parcel and Density Standards
Minimum Parcel Area (sq. ft.) 5,000
Maximum Parcel Area (sq. ft.) See Section 9.21.030(B)
Minimum Parcel Width (ft.) 50 For parcels bounded by the centerlines of
First Court Alley, Seventh Street, Montana
Place North Alley, and Adelaide Drive, the
minimum parcel width is 100 ft. and the
minimum parcel depth is 175 ft.
Minimum Parcel Depth (ft.) 100
Maximum Residential Density
1 unit per parcel plus 1 accessory
dwelling unit and 1 junior accessory
dwelling unit subject to Section
9.31.025
A duplex may be permitted with an MUP
as provided in Table 9.07.020.
Maximum Parcel Coverage (% of Parcel Area)
One-story structure less
than 18 ft. in height 50%
For parcels less than 5,000 sq. ft., a
maximum parcel coverage equaling 2,500
sq. ft. shall be permitted.
One-story structure 18 ft.
or more in height
45%
For parcels less than 5,000 sq. ft., a
maximum parcel coverage equaling 2,250
sq. ft. shall be permitted.
Two-story structure
45%
Parcel coverage shall be the sum of
ground floor parcel coverage and
second story parcel coverage.
For parcels less than 5,000 sq. ft., a
maximum parcel coverage equaling 2,250
sq. ft. shall be permitted with no more than
1,125 sq. ft. allowable on the second story.
Existing two-story structure
with addition
55%
For a two-story structure, parcel
coverage shall be the sum of ground
floor parcel coverage and second
story parcel coverage.
For parcels less than 5,000 sq. ft., a
maximum parcel coverage equaling 2,750
sq. ft. shall be permitted with no more than
1,375 sq. ft. allowable on the second story.
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Table 9.07.030: Development Standards—Single-Unit Residential District
Standard R1 Additional Regulations
Building Form and Location
Maximum Number of Stories 2
Maximum Building Height (ft.)
Parcels up to 20,000 sq. ft.
in area
28 ft.
with no wall height above 23 ft.
Parcels greater than
20,000 sq. ft. in area and
with a front parcel line at
least 200 ft.
in length
• 28 ft. for flat roof
• 32 ft. for pitched roof
Projections into
Height Limits See Section 9.21.060, Height Projections
Minimum Setbacks (ft.)
Front Per Official Districting Map or 20 ft. if
not specified
Side - One-story structure
less than 18 ft. in height
10% of parcel width or 3.5 ft.,
whichever is greater, but no more than
15 ft. required
Side - Aggregate of both
sides for a two-story
structure or one-story
structure 18 ft. or more in
height
30% of parcel width, but no more than
45 ft. required and each side shall be
at least 10% of the parcel width or 3.5
ft., whichever is greater
The aggregate side setback requirement
does not apply to the following:
• New structures on parcels that are
45 ft. or less in parcel width
• Additions to existing structures on
parcels that are less than 50 ft. in
width
• Structures on parcels less than
5,000 sq. ft.
Rear 15 ft. from rear parcel line
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Table 9.07.030: Development Standards—Single-Unit Residential District
Standard R1 Additional Regulations
Additional Minimum Stepbacks for Upper Stories
Front Upper-Story
Stepback
The sum of all stepback areas shall be
at least 1% of total parcel area and
comply with the following:
• Each stepback area shall
have a minimum depth of 3%
of total parcel depth and shall
be measured from the
required front setback.
• Any stepback area exceeding
6% of total parcel depth from
the required front setback
shall not be included in
calculating compliance with
this standard.
• Any stepback area used to
comply with a side upper-
story stepback requirement
shall not be included in
calculating compliance with
this standard.
• This standard shall apply to
the total front building
elevation.
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Table 9.07.030: Development Standards—Single-Unit Residential District
Standard R1 Additional Regulations
Side Upper-Story
Stepbacks
The sum of all stepback areas shall be
at least 1% of total parcel area and
comply with the following:
• Each stepback areas shall have
a minimum depth of 20% of
total parcel width and shall be
measured from the side parcel
line.
• Any stepback area with a depth
exceeding 25% of total parcel
width from the side parcel line
shall not be included in
calculating compliance with this
standard.
• Any stepback area used to
comply with a front upper-story
stepback requirement shall not
be included in calculating
compliance with this standard.
• This standard shall apply to
each total side building
elevation.
Sides—All portions of
buildings exceeding 23 ft.
in height
• No portion of a building other
than a permitted projection
shall intersect a plane
commencing at 23 ft. in height
at the minimum side setback
that extends at an angle of 45-
degrees from the vertical
toward the interior of the site.
• The 23 ft. height measurement
shall be taken from the same
reference grade as determined
for the subject site pursuant to
Section 9.04.050.
Upper-Story Outdoor Space
Maximum Size of Individual
Balcony, Terrace, Deck,
First-Story Roof Deck, or
Similar Outdoor Space
3% of parcel area or 300 sq. ft.,
whichever is less
Individual balconies, terraces, decks, first-
story roof decks, or similar outdoor spaces
larger than 100 sq. ft. located in the rear
half of the parcel shall be set back a
minimum distance of 20% of the parcel
width from the side parcel lines.
Maximum Size of Roof
Deck above Second Story
3% of parcel area or 300 sq. ft.,
whichever is less
Maximum of 1 per parcel with a 7 ft.
minimum setback from edges of building
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Table 9.07.030: Development Standards—Single-Unit Residential District
Standard R1 Additional Regulations
Openness and Use of Setbacks
Maximum Front Setback Paving (% of required front setback area)
Parcels 25 ft. or more in
width 50%
Parcels less than 25 ft. in
width 60%
Building Projections into
Setbacks See Section 9.21.110, Projections into Required Setbacks
Excavation for Lightwells, Stairwells, and Access to Subterranean Garages and Basements
Basements and
Subterranean Garages
No basement or subterranean garage
shall extend into any setback area,
except for any basement or garage
located beneath an accessory building
which is otherwise permitted within a
setback area, if such basement, semi-
subterranean, or subterranean garage
is located at least 5 ft. from any parcel
line.
Lightwells and Stairwells
• Side and rear setbacks may be
utilized for lightwells or stairways to
below-grade areas.
• Excavated areas shall be set back
a minimum of 10% of the parcel
width from any parcel line
measured to the interior wall
surface of these excavated areas.
• For parcels where the aggregate side
setback is not required, up to a total of
50 sq. ft. within the side and rear
setbacks may be utilized for lightwells
or stairways to below-grade areas.
• Retaining walls shall not be included in
calculations for these excavated areas.
Excavation for Access
Excavation in the front setback area
for a driveway, stairway, doorway, or
other such element for access
purposes shall be no deeper than 3 ft.
below existing grade.
Vehicle Accommodation
Parking • See Sections 9.28.070, Location of Parking
• Section 9.28.120, Parking Design and Development Standards
Driveways • On parcels less than 100 ft. in width, no more than one driveway permitted
• See Section 9.28.120, Parking Design and Development Standards
Incentives for Retention of Existing Homes
Building Additions Section 9.21.170, Building Additions Extending into Minimum Side Setbacks
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Table 9.07.030: Development Standards—Single-Unit Residential District
Standard R1 Additional Regulations
Modifications to Development
Standards Chapter 9.43 Modification and Waivers
Architectural Review
Architectural Review See Section 9.07.030(A)
Additional Standards
Accessory Buildings and
Structures Section 9.21.020, Accessory Buildings and Structures
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Basements Section 9.52.020.0230, Basement Definition
Fences, Walls, and Hedges Section 9.21.050, Fences, Walls, and Hedges
Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling
Units
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Landscaping Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Off-Street Parking Chapter 9.28, Parking, Loading, and Circulation
Private Tennis Courts Section 9.31.250, Private Tennis Courts
Projections from Buildings into
Minimum Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks
Projections into Height Limits Section 9.21.060, Height Projections
Refuse and Recycling
Screening and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards
Solar Energy Systems Section 9.21.150, Solar Energy Systems
A. Architectural Review.
1. Proposed development in the R1 Single-Unit District shall not be subject to
architectural review if it conforms to the development standards set forth
above except as follows:
a. The Architectural Review Board shall review any proposed duplex
pursuant to Section 9.55.140.
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b.
i. The Architectural Review Board shall review proposed
development that is located on a parcel with a grade differential
of 12.5 feet or more between the front and rear parcel lines,
and associated with the following:
(a) new residential building; or
(b) a 50 percent or greater square foot addition to an
existing dwelling unit.
ii. A proposed structure may be approved if its size, mass, and
placement are found to be compatible with improvements in
the immediate neighborhood.
2. The Architectural Review Board shall review and may approve proposed
development that does not conform to the development standards set forth
above as follows:
a. The Architectural Review Board shall review any proposed addition
of 500 square feet or less that is regarded as a third story that is
located on a parcel with a grade differential of 12.5 or more between
the front and rear parcel lines. The Architectural Review Board may
approve such an addition if the following findings of fact are made
i. the street frontage and overall massing are compatible with
the existing scale and neighborhood context;
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ii. the addition does not enlarge the first-story of the existing
residence such that a nonconforming condition is expanded;
and
iii. the properties in the immediate neighborhood will not be
substantially impacted.
b.
i. The Architectural Review Board shall review the following:
(a) Any proposed new structure on a parcel that is more
than 45 feet in width that does not comply with the
minimum aggregate side setback but that is set back a
minimum of 10% of parcel width on each side;
(b) Any proposed addition to an existing structure on a
parcel 50 feet or more that does not comply with the
minimum aggregate side setback but that is set back a
minimum of 10% of parcel width on each side;
(c) Any proposed two-story structure that does not
conform to the standard set forth above for additional
minimum stepbacks for upper stories;
(d) Any proposed structure that does not conform to the
standards for subterranean garages and basements
set forth in Table 9.07.030, Chapter 9.28 (Parking), and
Section 9.52.020.230 of this Code;
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(e) Any proposed individual upper story balcony, terrace,
deck, first-story roof deck, or similar outdoor space that
does not conform to the standard set forth above;
(f) Any proposed structure with garage doors that face the
public street, are located within the front half of the
parcel, and (i) are not set back from the primary façade
facing the public street a minimum of 5 feet or (ii) are
more than 16 feet in width; or
(g) Any proposed structure that includes a first-story porch
or second-story balcony that (a) is open on at least
three sides, (b) has a height of no more than 14 feet,
including parapets and railings, (c) projects into the
minimum front setback and (d) exceeds 50 percent of
the front building width as measured at the front
façade.
ii. The Architectural Review Board may approve a design
modification set forth in this subsection if the following findings
of fact are made:
(a) There are special circumstances or exceptional
characteristics applicable to the property involved,
including size, shape, topography, surroundings, or
location of the existing improvements or mature
landscaping on the site;
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(b) Granting the design modification will not be detrimental
or injurious to the property or to improvements in the
general vicinity and district in which the property is
located;
(c) Granting the design modification will not impair the
integrity and character of surrounding context, or
impact the light, air, open space, or privacy of adjacent
properties;
(d) If the design modification includes a modification or
addition to a building on the City’s Historic Resources
Inventory, the modification or addition is compatible
with the building’s historic architectural character, does
not result in the removal of historic building features,
and is consistent with the Secretary of the Interior
Standards for Rehabilitation; and
(e) The design modifications comply with the criteria set
forth in Section 9.55.140.
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SECTION 7. Santa Monica Municipal Code Section 9.08.010 is hereby amended
to read as follows:
9.08.010 Purpose
The purposes of the “Multi-Unit Residential” Districts are to:
A. Provide for a variety of multi-unit housing types to suit the spectrum of
individual lifestyles and space needs and ensure continued availability of the range of
housing opportunities necessary to sustain a diverse labor force and meet the needs of
all segments of the community consistent with the General Plan.
B. Preserve and protect the existing character and state of the City’s different
residential neighborhoods and the quality of life of City residents against potential impacts
related to development—traffic, noise, air quality, and the encroachment of commercial
activities.
C. Ensure adequate light, air, privacy, and open space for each dwelling.
D. Avoid overburdening public facilities, including sewer, water, electricity, and
schools by an influx and increase of people to a degree larger than the City’s geographic
limits, tax base, or financial capabilities can reasonably and responsibly accommodate.
E. Ensure that the scale and design of new development and alterations to
existing structures are consistent with the scale, mass, and character of the existing
residential neighborhood and provide respectful transitions to minimize impacts on or
disruptions to adjacent residential structures.
F. Provide sites for institutional, residential, and neighborhood serving uses such
as day care, parks, community facilities, and neighborhood stores that provide goods and
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services to support daily life within walking distance of neighborhoods and complement
surrounding residential development.
The specific designations and the additional purposes of the Multi-Unit Residential
Districts are:
R2 Low Density Residential. This Zoning District is intended to provide areas for
a variety of low-density housing types. These include single-unit housing, duplexes and
triplexes, low-scale multi-unit housing, townhouses, and courtyard housing with at least
2,000 square feet of parcel area per unit exclusive of City and State density bonuses.
Accessory dwelling units and junior accessory dwelling units are also permitted. In
addition to low density residential development, this District provides for uses such as
transitional housing or hospice facilities, family day care, and neighborhood serving uses
such as childcare, neighborhood grocery stores, and community facilities that may be
appropriate in a residential environment.
R3 Medium Density Residential. This Zoning District is intended to provide areas
for a variety of multi-unit housing types with at least 1,500 square feet of parcel area per
unit exclusive of City and State density bonuses or 1,250 square feet of parcel area per
unit, not including City and State density bonuses, for projects that provide identified
community benefits. Types of dwelling units include single-unit housing, low- and
medium-scale multi-unit housing, townhouses, courtyard housing, and duplexes and
triplexes. Accessory dwelling units and junior accessory dwelling units are also permitted.
This District also provides for residential facilities such as transitional housing and hospice
facilities, family day care, and neighborhood serving uses such as childcare,
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neighborhood grocery stores, and community facilities that may be appropriate in a
residential environment.
R4 High Density Residential. This Zoning District is intended to provide areas for
multi-unit housing at greater intensities than other residential districts. Housing types
include single-unit housing, three- to four-story multi-unit housing projects, duplexes, and
triplexes with at least 1,250 square feet of parcel area per unit exclusive of City and State
density bonuses or 900 square feet of parcel area per unit, not including City and State
density bonuses for projects that provide identified community benefits. Accessory
dwelling units and junior accessory dwelling units are also permitted. This District also
provides for residential facilities such as assisted living, transitional housing, and hospice
facilities, hotels, family day care, and neighborhood serving uses such as childcare,
neighborhood grocery stores, and community facilities that may be appropriate in a
residential environment.
SECTION 8. Santa Monica Municipal Code Section 9.08.020 is hereby amended
to read as follows:
9.08.020 Land Use Regulations
Table 9.08.020 prescribes the land use regulations for Multi-Unit Residential Districts.
The regulations for each district are established by letter designations listed below. These
designations apply strictly to the permissibility of land uses; applications for buildings or
structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with
specific limitations listed at the end of the table.
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“CUP” designates use classifications that are permitted after review and approval of a
Conditional Use Permit.
“MUP” designates use classifications that are permitted after review and approval of a
Minor Use Permit.
“–” designates uses that are not permitted.
Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and sub-
classifications not listed in the table are prohibited. Accessory uses are permissible when
they are determined by the Zoning Administrator to be necessary and customarily
associated with and appropriate, incidental, and subordinate to, the principal uses and
which are consistent and not more disturbing or disruptive than permitted uses. The table
also notes additional use regulations that apply to various uses. Section numbers in the
right-hand column refer to other Sections of this Ordinance.
TABLE 9.08.020: LAND USE REGULATIONS—MULTI-UNIT RESIDENTIAL DISTRICTS
Use Classification
*For uses within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.
Single Unit Dwelling P P P
Accessory Dwelling Unit P P P Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit P P P Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Duplex P P P
Multiple-Unit Structure P P P
Senior Citizen Multiple-Unit
Residential P P P
Single-Room Occupancy Housing P P P
Group Residential MUP MUP MUP
Congregate Housing P P P
Senior Group Residential P P P Section 9.31.310, Senior Group
Residential
Elderly and Long-Term Care CUP CUP CUP
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TABLE 9.08.020: LAND USE REGULATIONS—MULTI-UNIT RESIDENTIAL DISTRICTS
Use Classification
*For uses within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Emergency Shelters – CUP CUP Section 9.31.130, Emergency
Shelters
Family Day Care See sub-classifications below.
Large P P P Section 9.31.140, Family Day
Care, Large
Small P P P
Residential Facilities See sub-classifications below.
Residential Care, General MUP MUP MUP Section 9.31.270, Residential
Care Facilities
Residential Care, Limited P P P Section 9.31.270, Residential
Care Facilities
Residential Care, Senior L (2)/MUP L (2)/MUP L (2)/MUP Section 9.31.270, Residential
Care Facilities
Hospice, General MUP MUP MUP
Hospice, Limited P P P
Supportive Housing P P P
Transitional Housing P P P
Public and Semi-Public Uses
Adult Day Care CUP CUP CUP
Child Care and Early Education
Facilities CUP CUP CUP Section 9.31.120, Child Care
and Early Education Facilities
Community Assembly CUP CUP CUP
Community Gardens P P P
Cultural Facilities CUP CUP CUP Limited to Designated
Landmarks
Park and Recreations Facilities, Public P P P
Schools, Public or Private CUP CUP CUP
Commercial Uses
Automobile/Vehicle Sales and Services See sub-classifications below.
Automobile Storage Use CUP (3) CUP (3) –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Automobile/Vehicle Sales and
Leasing L (4)/CUP L (4)/CUP –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Food and Beverage Sales See sub-classifications below.
General Market CUP (5) CUP (5) CUP (5)
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.150, General
Markets in Residential Districts
Lodging See sub-classifications below.
Bed and Breakfast CUP CUP CUP
Within Designated Landmarks
only. Section 9.31.090, Bed and
Breakfasts
Hotels and Motels – – CUP
Mobile Food Truck Off-Street Venues – MUP (7) – Section 9.31.190, Mobile Food
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TABLE 9.08.020: LAND USE REGULATIONS—MULTI-UNIT RESIDENTIAL DISTRICTS
Use Classification
*For uses within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Truck Off-Street Venues
Personal Services, Physical Training – L (9) –
Retail Sales See sub-classifications below.
General Retail Sales, Small-scale – CUP (8) –
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P P P
Utilities, Minor P P P
Specific Limitations:
(1) Reserved
(2) Facilities for 6 or fewer residents are permitted by right. Other facilities require approval of a Minor Use
Permit.
(3) Limited to automobile storage use associated with and adjacent to existing auto dealerships that were
legally established before July 6, 2010, and according to the standards of Section 9.31.070,
Automobile/Vehicle Sales, Leasing, and Storage.
(4) Auto dealership uses existing as of July 6, 2010 are considered permitted uses. Expansions to existing
dealerships in residential zones are subject to approval of a Conditional Use Permit and must conform to
the standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage. New auto
dealerships and expansions of existing dealerships inconsistent with Section 9.31.070 are prohibited.
(5) Only stores up to 2,500 square feet may be allowed with approval of a Conditional Use Permit. Stores
must be located at least 300 feet from another retail Food and Beverage Services use.
(6) Reserved
(7) Mobile Food Truck Off-Street Venues shall only be located on the R3A overlay parcels located between
Ocean Park Boulevard and Hill Street along the east side of Neilson Way.
(8) Limited to bicycle and skate rental facilities along Ocean Front. Other General Retail Sales uses are not
permitted.
(9) Limited to youth-serving studios of less than 3,000 square feet offering performing arts, dance, martial
arts, physical exercise, and similar types of instruction in buildings designed and constructed for
commercial purposes across an alley from the Downtown district subject to a passenger loading and
drop-off plan to be reviewed and approved by the Director.
SECTION 9. Santa Monica Municipal Code Section 9.08.030 is hereby amended
to read as follows:
9.08.030 Development Standards
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 Article, while individual letters in parentheses refer to subsections that directly
follow the table.
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TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS
Standard
*For development standards
within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Parcel and Density Standards
Minimum Parcel Size (sq. ft.) 5,000 5,000 5,000
Maximum Parcel Size (sq. ft.) See
9.21.030(B)(C)
See
9.21.030(B)(C)
See
9.21.030(B)(C)
Minimum Parcel Width (ft.) 50 50 50
Minimum Parcel Depth (ft.) 100 100 100
Minimum Parcel Area (sq. ft.) per Unit
Tier 1—Base Standard
2,000 (or 4
total units,
whichever is
less)
1,500 (or 5
total units,
whichever is
less)
1,250 (or 6
total units,
whichever is
less)
For parcels consolidated
to provide courtyards, the
maximum allowable
number of units shall be
based on the total
maximum number of units
allowed on each of the
parcels prior to
consolidation.
Tier 2—With Provision of
Community Benefits NA 1,250 900 Chapter 9.23, Community
Benefits
100% Affordable Housing
Projects 1,500 1,250 900
Building Form and Location
Maximum Number of Stories
Tier 1—Base Standard 2 2 3
Tier 2—With Provision of
Community Benefits NA 3 4 Chapter 9.23, Community
Benefits
100% Affordable Housing
Projects
No limit on number of stories as long as building
complies with height limit.
Maximum Building Height (ft.)
Tier 1—Base Standard 30. See (B) 30. See (B) 30. See (B)
Tier 2—With Provision of
Community Benefits NA 40. See (B) 45. See (B) Chapter 9.23, Community
Benefits
100% Affordable Housing
Projects 30. See (B) 40. See (B) 45. See (B)
Maximum Parcel Coverage
Ground Floor 45 50 50
Upper Stories (% of allowable
ground floor coverage) 90 - 2nd flr. 90 - 2nd/3rd flr.
80 - 2nd flr.
60 - 3rd flr.
50 - 4th flr.
Additional Stories Authorized for
100% Affordable Housing
Projects (% of ground floor
coverage)
90 90 50
Minimum Setbacks
Front (ft.) 20
See (C)(E)
20
See (C)(E)
20
See (C)(E)
Interior Side (ft.)—Parcels 50
feet or more in width
8
See (E)
8
See (E)
8
See (E)
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TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS
Standard
*For development standards
within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Interior Side (ft.)—Parcels less
than 50 ft in width
4, or 16% of
parcel width,
whichever is
greater. See
(E)
4, or 16% of
parcel width,
whichever is
greater. See
(E)
4, or 16% of
parcel width,
whichever is
greater. See
(E)
Street Side (% of parcel width) 15
See (C)(E)
15
See (C)(E)
15
See (C)(E)
Rear (ft.) 15 15 15
Parking
See Sections 9.28.070, Location of Parking and
9.28.120, Parking Design and Development
Standards
Transition Requirements Adjacent
to R1 District See (D) See (D) See (D)
Open Space & Landscaping
Minimum Outdoor Living Area per
Unit (sq. ft.)—Sites with Three or
More Units
Section 9.21.090, Outdoor
Living Area
Private 60 60 60
Total 150 150 100
Courtyards—Parcels over 99 feet in
width
No less than
10% of the total
parcel area.
See (F)
No less than
10% of the total
parcel area.
See (F)
No less than
10% of the total
parcel area.
See (F)
Minimum Planting Area (% of parcel
area) 30. See (G) 25. See (G) 20. See (G) Chapter 9.26,
Landscaping
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling
Units
Accessory Structures Section 9.21.020, Accessory Buildings and Structures
Exceptions to Height Limits Section 9.21.060, Height Exceptions
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges
Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling
Units
Landscaping Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation
Projections into Required Setbacks Section 9.21.110, Projections into Required Setbacks
Screening Section 9.21.140, Screening
Signs Chapter 9.61, Signs
Solar Energy Systems Section 9.21.150, Solar Energy Systems
Refuse and Recycling Screening
and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards
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A. Development Standards, Specified Areas. The following development
standards shall govern in the areas defined below.
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; Junior 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:
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i. 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. Accessory dwelling units and junior
accessory dwelling units established in accordance with Section 9.31.025
shall be deemed to meet the allowable density for the parcel on which the
accessory dwelling unit or junior accessory dwelling unit is located.
d. Maximum Parcel Coverage. 50 percent of the parcel area.
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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. 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.
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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 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.
l. 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 100
feet or less in depth, balconies, decks, porches, and similar structures that
are open and unenclosed on at least 2 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.
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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:
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; Accessory Dwelling Unit; Junior Accessory Dwelling Unit; 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
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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 housing 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 duplex shall be permitted on any legal parcel that existed on
August 31, 1975. Accessory dwelling units and junior accessory dwelling
units established in accordance with Section 9.31.025 shall be deemed to
meet the allowable density for the parcel on which the accessory dwelling
unit or junior accessory dwelling unit is located.
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.
h. 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:
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5′ + (stories x lot width)/50′
i. 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. 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; Accessory Dwelling Unit; Junior 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;
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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 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.
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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. Accessory dwelling units and junior accessory
dwelling units established in accordance with Section 9.31.025 shall be
deemed to meet the allowable density for the parcel on which the accessory
dwelling unit or junior accessory dwelling unit is located.
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 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.
i. Side Yard Setback. The minimum required side yard setback
shall be determined in accordance with the following formula, except that
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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(B), 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.
l. 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
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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 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
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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
façade.
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.
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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.
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 façade. This setback shall be fully integrated into the building through
balconies, decks, or other elements that articulate the front of the building.
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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 façade.
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:
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
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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.
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.
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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 10. Santa Monica Municipal Code Section 9.09.010 is hereby amended
to read as follows:
9.09.010 Purpose
The purposes of the “Ocean Park Neighborhood” Districts are to:
A. Maintain the Ocean Park neighborhood as an eclectic residential
neighborhood that maintains its identity as a beach-oriented community in the middle of
a thriving urban environment.
B. Ensure that the scale and design of new or rehabilitated development is
sensitive to the scale and massing of existing adjacent structures and with the
surrounding neighborhood context.
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C. Provide for the maintenance and continuation of a mixture of residential
building types that range from older single-unit homes, duplexes, and triplexes to multi-
unit housing.
D. Protect the quality of life of neighborhood residents against potential impacts
related to development—traffic, noise, air quality, and the encroachment of commercial
activities.
E. Ensure adequate light, air, privacy, and open space for each dwelling.
F. Avoid overburdening public facilities, including sewer, water, electricity, and
schools, by an influx and increase of people to a degree larger than the City’s geographic
limits, tax base, or financial capabilities can reasonably and responsibly accommodate.
G. Provide sites for institutional, residential, and neighborhood serving uses such
as day care, parks, community facilities, and neighborhood stores that provide goods and
services to support daily life within walking distance of neighborhoods and complement
surrounding residential development.
The specific designations and the additional purposes of the Ocean Park Districts are:
OP1 Ocean Park Single Unit Residential. This Zoning District is intended to
maintain areas where single unit housing predominates. This District allows for single unit
housing on individual parcels at densities of one unit plus one accessory dwelling unit
and one junior accessory dwelling unit per legal parcel. In addition to detached single unit
dwellings, accessory dwelling units, and junior accessory dwelling units, this District
provides for uses such as parks and family day care that may be appropriate in a
residential environment.
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OPD Ocean Park Duplex Residential. This Zoning District is intended to maintain
areas where single unit and duplex residential uses predominate and is in particular,
intended to preserve the unique characteristics of the Copeland Court walk street. In
addition to detached single unit dwellings, accessory dwelling units, junior accessory
dwelling units, and duplexes, this District provides for uses such as parks and family day
care, transitional housing, hospice facilities, and neighborhood serving uses such as
childcare and community facilities that may be appropriate in a residential environment.
OP2 Ocean Park Low Density Residential. This Zoning District is intended to
provide a variety of low-density housing types that reflects the distinct identity of the
Ocean Park neighborhood. These types include single unit dwellings, accessory dwelling
units, junior accessory dwelling units, duplexes and triplexes, townhouses, and courtyard
housing with at least 2,000 square feet of parcel area per unit exclusive of City and State
density bonuses. In addition to low density residential development, this District provides
for uses such as transitional housing or hospice facilities, family day care, and
neighborhood serving uses such as childcare, neighborhood grocery stores, and
community facilities that may be appropriate in a residential environment.
OP3 Ocean Park Medium Density Residential. This Zoning District is intended
to maintain a variety of multi-unit housing types with at least 1,500 square feet of parcel
area per unit or 1,250 square feet of parcel area per unit for projects that provide identified
community benefits. Types of dwelling units include low- and medium-scale single-unit
dwellings, multiple-unit dwellings, townhouses, courtyard housing, duplexes, triplexes,
accessory dwelling units, and junior accessory dwelling units. This District also provides
for residential facilities such as transitional housing and hospice facilities, family day care,
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and neighborhood serving uses such as childcare, neighborhood grocery stores, and
community facilities that may be appropriate in a residential environment.
OP4 Ocean Park High Density Residential. This Zoning District is intended to
provide areas for multi-unit housing at greater intensities than other Ocean Park
Neighborhood districts. Housing types include single-unit dwellings, three- to four-story
multi-unit housing projects, duplexes, triplexes, accessory dwelling units, and junior
accessory dwelling units. This District also provides residential facilities such as assisted
living, transitional housing, and hospice facilities, family day care, hotels, and
neighborhood-serving uses such as childcare, neighborhood grocery stores, and
community facilities that may be appropriate in a residential environment.
SECTION 11. Santa Monica Municipal Code Section 9.09.020 is hereby amended
to read as follows:
9.09.020 Land Use Regulations
Table 9.09.020 prescribes the land use regulations for Ocean Park Neighborhood
Districts. The regulations for each district are established by letter designations listed
below. These designations apply strictly to the permissibility of land uses; applications for
buildings or structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with
specific limitations listed at the end of the table.
“CUP” designates use classifications that are permitted after review and approval of a
Conditional Use Permit.
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“MUP” designates use classifications that are permitted after review and approval of a
Minor Use Permit.
“–” designates uses that are not permitted.
Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and sub-
classifications not listed in the table are prohibited. Accessory uses are permissible when
they are determined by the Zoning Administrator to be necessary and customarily
associated with and appropriate, incidental, and subordinate to, the principal uses and
which are consistent and not more disturbing or disruptive than permitted uses. The table
also notes additional use regulations that apply to various uses. Section numbers in the
right-hand column refer to other Sections of this Ordinance.
TABLE 9.09.020: LAND USE REGULATIONS—OCEAN PARK NEIGHBORHOOD DISTRICTS
Use Classification OP1 OPD OP2 OP3 OP4 Additional Regulations
Residential Uses
Residential Housing
Types See sub-classifications below.
Single Unit Dwelling P P P P P
Accessory Dwelling
Unit P P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory
Dwelling Unit
P P P P P Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Duplex – P P P P
Multiple-Unit
Structure – – P P P
Senior Citizen
Multiple-Unit
Residential
– – P P P
Single-Room
Occupancy
Housing
– – P P P
Group Residential – – MUP MUP MUP
Congregate
Housing – – P P P
Senior Group
Residential – L (2) P P P Section 9.31.310, Senior Group
Residential
Elderly and Long-
Term Care – – CUP CUP CUP
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TABLE 9.09.020: LAND USE REGULATIONS—OCEAN PARK NEIGHBORHOOD DISTRICTS
Use Classification OP1 OPD OP2 OP3 OP4 Additional Regulations
Emergency
Shelters – – CUP CUP CUP Section 9.31.130, Emergency
Shelters
Family Day Care See sub-classifications below.
Large P P P P P Section 9.31.140, Family Day
Care, Large
Small P P P P P
Residential Facilities See sub-classifications below.
Residential Care,
General – – MUP MUP MUP Section 9.31.270, Residential
Care Facilities
Residential Care,
Limited P P P P P Section 9.31.270, Residential
Care Facilities
Residential Care,
Senior L (2) L (2) L
(3)/MUP L (3)/MUP L (3)/MUP Section 9.31.270, Residential
Care Facilities
Hospice, General – MUP MUP MUP MUP
Hospice, Limited P P P P P
Supportive Housing P P P P P
Transitional
Housing P P P P P
Public and Semi-Public Uses
Adult Day Care CUP CUP CUP CUP CUP
Child Care and Early
Education Facilities CUP CUP CUP CUP CUP Section 9.31.120, Child Care
and Early Education Facilities
Community Assembly – – CUP CUP CUP
Community Gardens P P P P P
Cultural Facilities – CUP CUP CUP CUP Limited to Designated
Landmarks
Park and Recreations
Facilities, Public P P P P P
Schools, Public or
Private CUP CUP CUP CUP CUP
Commercial Uses
Food and Beverage
Sales See sub-classifications below.
General Market – – CUP (4) CUP (4) CUP (4)
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.150, General
Markets in Residential Districts
Lodging See sub-classifications below.
Bed and Breakfast – – CUP CUP CUP
Within Designated Landmarks
only.
Section 9.31.090, Bed and
Breakfasts
Hotels and Motels – – – – CUP
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P P P P P
Utilities, Minor P P P P P
Specific Limitations:
(1) Reserved
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(2) Limited to facilities for 6 or fewer residents; facilities for more than 6 residents not permitted.
(3) Limited to facilities for 6 or fewer residents. Facilities for more than 6 residents require a Minor Use
Permit.
(4) Only stores up to 2,500 square feet may be allowed with approval of a Conditional Use Permit. Stores
must be located at least 300 feet from a commercial district with a Food and Beverage Service use.
SECTION 12. Santa Monica Municipal Code Section 9.09.030 is hereby amended
to read as follows:
9.09.030 Development Standards
Table 9.09.030 prescribes development standards for Ocean Park Neighborhood
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 Article, while individual letters in parentheses refer to subsections that directly
follow the table.
TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS
Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
Parcel and Density Standards
Minimum Parcel Size (sq. ft.) 4,000 5,000 5,000 5,000 5,000
Maximum Parcel Size (sq. ft.) See
9.21.030(B)
See
9.21.030(B)
See
9.21.030(B)
See
9.21.030(B)
See
9.21.030(B)
Minimum Parcel Width (ft.) 25 50 50 50 50
Minimum Parcel Depth (ft.) 80 100 100 100 100
Minimum Parcel Area (sq. ft.) per Unit
Tier 1—Base Standard N/A
2 units
per
parcel
2,000 1,500 1,250 See (A)
Building Form and Location
Maximum Number of Stories
Tier 1—Base Standard 2 2 2 See (B) 2 3
100% Affordable Housing
Projects 2 No limit
to stories
No limit
to stories
No limit
to stories
No limit
to stories
Maximum Building Height (ft.)
Base Standard—Flat
Roofs; Roofs Pitched
Less Than 1:3
20 23 23 See
(B) 23 35
Pitched Roofs 27 30 30 See
(B) 30 35
The walls of the building
may not exceed the
maximum height
required for a flat roof
Maximum Parcel Coverage (% of Parcel Area)
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TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS
Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
Tier 1—Base Standard 50 50 50 50 50
55% for parcels less
than 35 ft. in width in
OP1
100% Affordable Housing
Projects 60 60 60 60 60
Minimum Setbacks (ft.)
Front
Except for OPD, a one-
story covered or
uncovered porch open
on 3 sides may
encroach 6 ft. into the
required front setback if
the roof does not
exceed a height of 14 ft.
and the porch width
does not exceed 40% of
the building width at the
front of the building
15 30 20 20 15
[10, if
average of
adjacent
dwelling(s)
is 10 ft. or
less]
measured
from the
centerline
of the
walkway
[15, if
average of
adjacent
dwelling(s)
is 15 ft. or
less]
[15, if
average of
adjacent
dwelling(s)
is 15 ft. or
less]
[10, if
average of
adjacent
dwelling(s)
is 10 ft. or
less]
Side—Blank walls and
walls containing
secondary windows on
parcels less than 50 ft. in
width
Greater of 4 ft. or 10% of parcel width 3 ft. for parcels less than
35 ft. in width in OP1
Side—Blank walls and
walls containing
secondary windows on
parcels 50 ft. or more in
width
See formula in (C)
Side—Walls containing
primary windows on
parcels less than 50 ft. in
width
8 ft. setback from property line. 12 ft. of separation
must be maintained between primary window and
any adjacent structures
3 ft. for parcels less than
35 ft. in width in OP1
Side—Walls containing
primary windows on
parcels 50 ft. or more in
width
12 ft. See (C)
Street Side—Parcels less
than 50 ft. in width
Greater
of 4 ft. or
10% of
parcel
width
See formula in (C) 3 ft. for parcels less than
35 ft. in width in OP1
Street Side—Parcels 50
ft. or more in width See (C) 10 ft. See (C)
Rear 10 15 15 15 15
Parking See Sections 9.28.070, Location of Parking and 9.28.120, Parking Design and
Development Standards
Minimum Spacing between
Buildings (ft.) – Buildings
facing each other on the
same lot
– See (D) See (D) See (D) See (D)
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TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS
Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
Transition Requirements
Adjacent to OP1 or OPD
Districts
– – See (F) See (F) See (F)
Open Space & Landscaping
Minimum Outdoor Living Area
(sq. ft.) per Dwelling Unit
Section 9.21.090,
Outdoor Living Area
Private NA 60 60 60 60
Required only of
projects with 2 or more
units
Total NA 150 150 150 100
Required only of
projects with 2 or more
units
Minimum Planting Area (% of
parcel area) 25 25 25 25 20
See (G), Chapter 9.26,
Landscaping. Required
only of projects with 2 or
more units
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling
Units
Accessory Structures Section 9.21.020, Accessory Buildings and Structures
Exceptions to Height Limits Section 9.21.060, Height Exceptions
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges
Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling
Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling
Units
Landscaping Section 9.09.030(G), Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Off-Street Parking and
Loading Chapter 9.28, Parking, Loading, and Circulation
Projections into Required
Setbacks Section 9.21.110, Projections into Required Setbacks
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems
Trash Screening and
Enclosure Section 9.21.130, Resource Recovery and Recycling Standards
A. Maximum Density. The following additional rules apply to the maximum
residential density:
1. Calculation of Units—Remainder Parcel Area. An additional unit
is allowed on a parcel if, after calculating the allowed number of units based on the
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minimum required parcel area per unit stated in Table 9.09.030 for the respective
district, the excess parcel area equals or exceeds the following:
a. 1,000 square feet in OP2.
b. 750 square feet in OP3.
c. 625 square feet in OP4.
2. Parcels Less Than 4,000 Square Feet. No more than one dwelling
unit shall be permitted on a parcel 4,000 square feet or less in area.
3. Parcels over 10,000 Square Feet—OP2 District. In the OP2
District, the maximum density on parcel that have an area of 10,000 square feet or
more or a combined street frontage of 100 feet or more shall be one dwelling unit
for each 2,500 square feet of combined lot area, except where 100 percent of the
proposed units are deed restricted for very low, low, middle, and/or moderate
income housing, in which case the density shall be one unit for each 2,000 square
feet of parcel area.
4. Parcels over 15,000 Square Feet—OP3 District. In the OP3
District, the maximum density on parcel that have an area of 15,000 square feet or
more or exceed a combined street frontage of 150 feet shall be one dwelling unit
for each 2,000 square feet (OP3) of combined parcel area, except where 100
percent of the proposed units are deed restricted for very low, low, middle, and/or
moderate income housing, in which case the density shall be one unit for each
1,500 square feet of parcel area.
5. Accessory Dwelling Units and Junior Accessory Dwelling Units.
Notwithstanding anything to the contrary in this subsection (A), accessory dwelling
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units and junior accessory dwelling units established in accordance with Section
9.31.025 shall be deemed to meet the allowable density for the parcel on which
the accessory dwelling unit or junior accessory dwelling unit is located.
B. Maximum Height on Sloped Parcels—OP2 District. In the OP2 District,
on upslope parcel where the change in elevation is 10 feet or greater from the finished
surface of the sidewalk adjacent to the property line to the required rear setback line, the
maximum allowable height for structures is:
1. One story and 14 feet in height for the first 15 feet of horizontal
distance on the parcel measured from the front parcel line.
2. 2 stories and 18 feet for a flat roof or 23 feet for a pitched roof for that
portion of the structure located between 15.1 feet and 30 feet from the front parcel
line.
3. The maximum permitted height for structures beyond 30 feet from
the front parcel line shall be 2 stories and 23 feet for a flat roof or 30 feet for
structures with a pitched roof.
4. The finished grade shall be no more than 3 feet below or above the
theoretical grade line at any point adjacent to a building if excavation occurs. An
opening to a garage may remain unexcavated.
C. Front and Side Setbacks.
1. The front yard setback on Copeland Court shall be 30 feet measured
from the center line of the walkway.
2. The following formula shall be used to determine the required side
setback for blank walls and walls containing secondary windows. In the OP1
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788
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District, this formula shall also be used to determine the required street side
setback on lot parcels 50 feet or more in width. In the OP2, OP3, and OP4 districts,
it shall be used to determine the required street side setback on parcels less than
50 feet in width. The setback is calculated as follows:
Setback (ft.) = 5 + (stories x parcel width)
50
3. Within the required side setback area for corner parcels 50 feet or
greater in width, covered or uncovered stairways or porches not exceeding 35
percent of the building frontage on the street side may encroach up to 5 feet into
the required side setback.
4. Within the required side or street side setback area for parcels 50
feet or greater in width, the second floor side setback above a primary window
shall not project more than 2 feet into the required side setback.
D. Building Spacing. Buildings that face each other on the same lot shall be
separated by the following minimum distances:
1. 15 feet if one building has primary windows facing the other.
2. 25 feet when the windows of primary spaces in both buildings face
each other on the ground or second level, except 15 feet when they are visually
separated by a solid wall or opaque fence over 5 feet 6 inches in height.
3. 10 feet when secondary windows face each other or when a
secondary window faces a blank wall.
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E. Roof Decks. The handrail surrounding a roof deck shall be set back a
minimum of three feet from the edge of the building at the side and rear yards.
F. Transition Requirements Adjacent to OP1 or OPD District. Where an
OP2, OP3 or OP4 District adjoins an OP1 or OPD District, the following standards apply:
1. The maximum height within 25 feet of an OP1 or OPD District is 23
feet for a building with a flat roof and 27 feet for a building with a pitched roof.
2. The building setback from an OP1 or OPD 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 OP1 or OPD District boundaries. A tree screen shall be planted
in this area with trees planted at a minimum interval of 15 feet.
FIGURE 9.09.030.F: TRANSITION REQUIREMENTS ADJACENT TO OP1 OR OPD
DISTRICT—
OCEAN PARK NEIGHBORHOOD DISTRICT
G. Planting Areas. The following areas shall be landscaped, and may count
toward the total area of site landscaping required by Table 9.09.030.
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
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788
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planting area or landscape. Recreational vehicles, utility trailers, un-mounted
camper tops, boats, cars, trucks, motorcycles, or other vehicles shall not be parked
or stored within a required planting or landscape area.
2. Interior Setback Areas. At least 50 percent of each required interior
side setback and rear setback 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
or patio, and a nonresidential accessory structure may occupy a portion of the
planting area in a rear setback area.
3. Adjoining OP1 and OPD Districts. A continuous planting area
having a minimum width of 5 feet shall be provided along interior parcel lines when
an OP2, OP3, or OP4 District adjoins an OP1 or OPD District.
SECTION 13. Santa Monica Municipal Code Section 9.10.040 is hereby amended
to read as follows:
9.10.040 Land Use Regulations
Table 9.10.040 prescribes the land use regulations for Downtown Districts. The
regulations for each district are established by letter designations below. These
designations apply strictly to the permissibility of land uses; applications for buildings or
structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with
specific limitations listed at the end of the table.
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“MUP” designates use classifications that are permitted after review and approval of a
Minor Use Permit.
“CUP” designates use classifications that are permitted after review and approval of a
Conditional Use Permit.
“—” designates uses that are not permitted.
Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the Santa
Monica Municipal code (“Zoning Ordinance”). Use classifications and sub-classifications
not listed in the table are prohibited. Accessory uses are permissible when they are
determined by the Zoning Administrator to be necessary and customarily associated with
and appropriate, incidental, and subordinate to, the principal uses and which are
consistent and not more disturbing or disruptive than permitted uses. The table also notes
additional use regulations that apply to various uses. Section numbers in the right-hand
column refer to other Sections of this Ordinance.
TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Residential Uses
Residential Housing
Types
See sub-classifications below.
Single Unit
Dwelling L(1) L(1) L(1) L(1) L(1) L(1) L(1)
Accessory
Dwelling Unit P P P P P P P
Section 9.31.025,
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
Junior Accessory
Dwelling Unit
P P P P P P P Section 9.31.025,
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
Duplex P L(3) L(1) L(1) L(1) L(1) L(1)
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TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Multiple-Unit
Structure L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Senior Citizen
Multiple-Unit
Residential
L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Single-Room
Occupancy
Housing
L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Group Residential MUP MUP,
L(3)
MUP,
L(1) MUP, L(1) MUP MUP MUP
Congregate
Housing P MUP,
L(3) CUP, L(1) CUP, L(1) MUP MUP MUP
SMMC Section
9.31.110,
Congregate and
Transitional
Housing
Senior Group
Residential P MUP,
L(3)
MUP,
L(1) MUP, L(1) MUP,
L(1)
MUP,
L(1)
MUP,
L(1)
SMMC Section
9.31.310, Senior
Group
Residential
Elderly and Long-
Term Care P L(3) L(1) L(1) L(1) L(1) L(1)
Emergency
Shelters L(6)/CUP L(6)/ CUP CUP/L(1) L(1),
L(6)/CUP L(6)/CUP L(6)/
CUP
L(6)/
CUP
Family Day Care See sub-classifications below.
Large L(1) L(3) L(1) L(1) L(1) L(1) L(1)
SMMC Section
9.31.140, Family
Day Care, Large
Small L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Residential Facilities See sub-classifications below.
Residential Care,
General P L(3) L(1) L(1) P L(1) L(1) SMMC Section
9.31.270,
Residential Care
Facilities
Residential Care,
Limited P L(3) L(1) L(1) P L(1) L(1)
Residential Care,
Senior P L(3) L(1) L(1) P L(1) L(1)
Hospice, General P L(3) L(1) L(1) P L(1) L(1)
Hospice, Limited P L(3) L(1) L(1) P L(1) L(1)
Supportive
Housing P L(3) L(1) L(1) L(1) L(1) L(1)
Transitional
Housing P L(3) L(1) L(1) L(1) L(1) L(1)
Public and Semi-Public Uses
Adult Day Care L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Child Care and Early
Education Facilities P P L(1) P P P P
SMMC Section
9.31.120, Child
Care and Early
Education
Facilities
Colleges and Trade
Schools, Public or
Private CUP L(1) L(1) L(1) L(1) L(1) L(1)
Community
Assembly L(7)/CUP CUP - P CUP L(1) L(7)/
CUP
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TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Community Gardens P P - P P P P
Cultural Facilities P P P P P P P
Hospitals and
Clinics P P L(1) L(1) P - P
Park and Recreation
Facilities, Public P P P P P P P
Public Safety
Facilities P P P P P P P
Schools, Public or
Private CUP L(3) L(1) P P - CUP
Social Service
Centers P P - P P P P
SMMC Section
9.31.350, Social
Service Centers
Commercial Uses
Animal Care, Sales,
and Services See sub-classifications below.
Grooming and Pet
Stores L(5)/CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/ CUP L(5)/
CUP
L(5)/
CUP
No more than 10
dogs or cats can
be kept overnight
Pet Day Care
Services MUP MUP - MUP MUP MUP MUP
Veterinary
Services MUP MUP - MUP MUP - MUP
Automobile/Vehicle
Sales and Service See sub-classifications below.
Alternative Fuels
and Recharging
Facilities
CUP/
L(19)
CUP/
L(19) - - CUP/
L(19) - -
Automobile Rental L(10) L(10) L(10) L(10) L(10) L(10) L(10)
Automobile
Storage Use
- - - - - - -
New
Automobile/Vehicl
e Sales and
Leasing
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/CUP
- -
Additions 7,500
sq ft or less to
Automobile/
Vehicle Sales
and Leasing
buildings
existing as of
7/06/2010
L(20)/
MUP
- - - - - -
SMMC Section
9.31.070
Automobile/
Vehicle Sales,
Leasing, and
Storage
Additions larger
than 7,500 sq ft
to
Automobile/Vehi
cle Sales and
Leasing
buildings
existing as of
7/06/2010
L(20)/
CUP
- - - - - -
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788
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TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Automobile/Vehicl
e Repair, Major
L(19) - - - - - -
Automobile/Vehicl
e Service and
Repair, Minor
L(19) - - - - - -
Automobile/Vehicl
e Washing
L(19) - - - - - -
Service Station L(19) L(19) - - L(19) - -
Towing and
Impound
- - - - - - -
Banks and Financial
Institutions
See sub-classifications below.
Banks and Credit
Unions
L(4)/CUP L(3),
L(5)/CUP
- - L(4)/ CUP L(4)/
CUP
L(4)/
CUP
Check Cashing
Businesses
- - - - - - -
Business Services L(5)/CUP L(5)/CUP - L(5)/CUP L(5)/ CUP L(5)/
CUP
L(5)/
CUP
Commercial
Entertainment and
Recreation
See sub-classifications below.
Cinemas &
Theaters, up to 99
seats
- CUP P P P - -
Cinemas &
Theaters, more
than 99 seats
- - CUP CUP CUP - -
Convention and
Conference
Centers
CUP CUP CUP CUP CUP CUP CUP
Large-Scale
Facility
L(21)/CU
P
L(21)/CU
P
L(21)/CU
P
L(21)/CUP L(21)/CU
P
L(21)/
CUP
-
Small-Scale
Facility
L(5)/CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/
CUP
L(5)/
CUP
SMMC Section
9.31.340, Small
Scale Facility
Fortunetelling P P P P P P P
Eating and Drinking
Establishments
See sub-classifications below.
Bars/Nightclubs/
Lounges
CUP CUP CUP CUP CUP CUP
(10)
-
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TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Restaurants, Full-
Service, Limited
Service & Take-
out (2,500 sq ft
and smaller,
including Outdoor
Dining and
Seating)
P P P P P P P
SMMC Section
9.31.040,
Alcoholic
Beverage Sales
Restaurants, Full-
Service, Limited
Service & Take-
out (2,501 –
5,000 sq ft,
including Outdoor
Dining and
Seating)
MUP P P P P P MUP SMMC Section
9.31.280,
Restaurants,
Limited Service,
and Take-Out
Only
Restaurants, Full-
Service, Limited
Service & Take-
out (greater than
5,000 sq ft,
including Outdoor
Dining and
Seating)
CUP P P P P P CUP
SMMC Section
9.31.200,
Outdoor Dining
and Seating
Equipment Rental - - - - L(5)/
CUP
- -
Food and Beverage
Sales
See sub-classifications below.
Convenience
Market
CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/C
UP
- SMMC Section
9.31.040,
Alcoholic
Beverage Sales
Farmers’ Market
CUP P P P P P P
General Market
L(12)/
CUP
L(12)/
CUP
L(12)/
CUP
L(12)/CUP L(12)/
CUP
L(12)/
CUP
L(12)/
CUP
SMMC Section
9.31.040,
Alcoholic
Beverage Sales
Liquor Stores
CUP CUP CUP CUP CUP CUP -
Funeral Parlors and
Mortuaries
CUP - - - - - -
Instructional
Services
L(5)/CUP L(3),
L(5)/CUP
L(1),
L(5)/CUP
L(5)/CUP L(5)/CUP L(1),
L(5)/
CUP
L(1),
L(5)/
CUP
Live-Work L(13) L(3)(13) L(1)(13) L(13) L(13) L(1)(1
3)
L(13) SMMC Section
9.31.170, Live-
Work
Lodging See sub-classifications below.
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TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Bed and Breakfast MUP MUP MUP MUP MUP MUP MUP SMMC Section
9.31.090, Bed
and Breakfasts
Hotels and Motels CUP CUP CUP CUP CUP CUP CUP,
L(19)
Maintenance and
Repair Services
L(5)/CUP - - - - - -
Nurseries and
Garden Centers
L(5)/CUP L(5)/CUP - L(5)/CUP L(5)/CUP - L(5)/
CUP
SMMC Section
9.31.220,
Outdoor Retail
Display and
Sales
Offices See sub-classifications below.
Business and
Professional
L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/CUP
L(1) L(1)
Creative L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/CUP
L(1) L(1)
Medical and
Dental
L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/CUP
L(1) L(1)
Walk-In Clientele L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(5)/CUP L(3),
L(5)/CUP
L(5)/
CUP
L(5)/
CUP
Outdoor
Newsstands
MUP MUP MUP MUP MUP MUP MUP SMMC Section
9.31.210,
Outdoor
Newsstands
Parking, Public or
Private
CUP CUP - CUP CUP,
L(11)
- CUP
Personal Services See sub-classifications below.
General Personal
Services
L(5)/CUP L(5)/CUP L(1),
L(5)/CUP
L(5)/CUP L(5)/CUP - L(5)/
CUP
SMMC Section
9.31.230,
Personal Service
Physical Training L(17),
L(5)/CUP
L(17),
L(5)/CUP
L(1),
L(17),
L(5)/CUP
L(17),
L(5)/CUP
L(17),
L(5)/CUP
L(17),
L(5)/
CUP
L(17),
L(5)/
CUP
Tattoo or Body
Modification Parlor
MUP MUP MUP MUP MUP MUP - SMMC Section
9.31.230,
Personal Service
Retail Sales See sub-classifications below.
Building Materials
Sales and
Services
P - - - - - - SMMC Section
9.31.220,
Outdoor Retail
Display and
Sales
General Retail
Sales, Small-
Scale
L(5)/CUP L(5)/CUP P L(5)/CUP L(5)/ CUP L(5)/
CUP
L(5)/
CUP
General Retail
Sales, Medium-
Scale
CUP CUP CUP CUP CUP - CUP
General Retail
Sales, Large-
Scale
- - - - - - -
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788
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TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Medical Marijuana
Dispensaries
CUP - - - - - - SMMC Section
9.31.185,
Medical
Marijuana
Dispensaries
Pawn Shops
- - - - - - -
Swap Meets
- - - - - - -
Industrial Uses
Artist’s Studio
P P L(1) L(1) P P P
Commercial
Kitchens
- - - - CUP - -
Media Production
See sub-classifications below.
Support Facilities
L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/CUP
L(1) L(1)
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger
Stations
P P P P P - P
City Bike Share
Facility
P P P P P P P
Communication
Facilities
See sub-classifications below.
Antennas and
Transmission
Towers
- - - - - - -
Equipment within
Buildings
- - - - - - -
Light Fleet-Based
Services
- - - - MUP - -
Utilities, Major
L(18) - - - - - -
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788
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TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Utilities, Minor
P P P P P P P
Specific Limitations:
(1) Limited to upper floors, and on the ground floor where the entire tenant space including the primary
entry shall be located at least 50 feet from the front property line, except for residential units shall be
limited to upper floors only.
(2) (Reserved)
(3) Between 4th and 4th Court, permitted in mid-block parcels on the ground floor and upper floors. On all
other parcels, permitted anywhere on the ground floor if the space has street frontage and was occupied
by office on, or is vacant but was occupied by office in the 12 months preceding, the date this Ordinance
is effective; otherwise, permitted on upper floors and on the ground floor where the entire tenant space
including the primary entry is located at least 50 feet from the front property line.
(4) Permitted except no ground floor tenant space shall exceed 20 linear feet of ground floor street frontage
without a Conditional Use Permit.
(5) Permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective.
Permitted in new buildings, except:
(a) No individual ground floor tenant space shall occupy more than 7,500 square feet of floor area
and/or exceed 50 linear feet of ground floor street frontage without a Conditional Use Permit.
(b) Ground floor tenant spaces in the Santa Monica Place are not subject to size limitations.
(6) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency
shelters with 55 or more beds.
(7) Any community assembly facility abutting a residential district shall require approval of a Conditional
Use Permit.
(8) Limited to alternative fuel vehicle automobile dealer showrooms only.
(9) (Reserved)
(10) Permitted as an ancillary use to support a primary use.
(11) Limited to public parking facilities only.
(12) General Markets greater than 15,000 square feet require approval of a Conditional Use Permit, except
general markets in the Mixed-Use Boulevard district greater than 25,000 square feet require approval
of a Conditional Use Permit.
(13) If the commercial use requires a MUP or CUP, an application shall be required in accordance with
SMMC, Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be
approved where, given the design or proposed design of the live-work unit, there would be the potential
for adverse health impacts from the proposed use on the people residing in the unit. An example of a
potential health impact is the potential for food contamination from users that generate airborne
particulates in a unit with an unenclosed kitchen.
(14) All new construction requires approval of a Conditional Use Permit or permitted if within buildings
existing as of the date the ordinance codifie in this Chapter is effective, except:
(a) New additions of 50% or more additional square footage to an existing building at any one time,
or incrementally, after the effective date of the ordinance codified in this Chapter, requires
approval of a Conditional Use Permit.
(b) No ground floor, street-fronting, non-office or non-media production support facility use, non-
medical or non-dental office use tenant space shall be changed into an individual office use or
a media production support facility use, or individual medical or dental office use occupying
more than 7,500 square feet of floor area and/or exceeding 50 linear feet of street frontage
without the approval of a Conditional Use Permit.
(15) (Reserved)
(16) Limited to public parking facilities only.
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(17) Youth-serving personal services, physical training requires review and approval of passenger loading
and drop-off plan by the Director.
(18) Limited to electric distribution substations.
(19) Limited to legally established existing uses as of the date this Specific Plan is effective.
(20) Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing
dealerships conforming to the urban auto dealership format standards in Section 9.31.070,
Automobile/Vehicle Sales, Leasing and Storage are permitted. Expansions to existing dealerships of
7,500 square feet or less that do not conform to the urban auto dealership format standards shall require
an MUP. Expansions to existing dealerships larger than 7,500 square feet that do not conform to the
urban auto dealership formal standards shall require a CUP.
(21) No individual Fitness Center tenant space shall exceed 100 linear feet of ground floor street frontage
without the approval of a Conditional Use Permit.
A. Conversion of Any Portion of an Eating and Drinking Establishment to
Any Other New or Expanded Use Located on the Ground Floor within the BC
(Promenade) District.
1. The conversion of any portion of an eating and drinking
establishment in existence as of the effective date of this Plan to any other new or
expanded use located on the ground floor within the BC (Promenade) District shall
obtain a Conditional Use Permit subject to the following additional findings being
made in the affirmative:
a. The proposed use would preserve the unique mixture of restaurants,
retail, and entertainment on the Third Street Promenade and maintain the
vitality and diversity of the Promenade;
b. The proposed use would retain at least 50% of the existing outdoor
dining or 500 square feet, whichever is greater;
c. For tenant spaces located on a corner, the eating and drinking
establishment use must remain entirely o the Third Street Promenade frontage.
For tenant spaces not located on a corner, the non-eating and drinking
establishment use does not occupy more than 33% of the Promenade frontage.
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SECTION 14. Santa Monica Municipal Code Section 9.11.020 is hereby amended
to read as follows:
9.11.020 Land Use Regulations
Table 9.11.020 prescribes the land use regulations for Mixed-Use and Commercial
Districts. The regulations for each district are established by letter designations below.
These designations apply strictly to the permissibility of land uses; applications for
buildings or structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with
specific limitations listed at the end of the table.
“MUP” designates use classifications that are permitted after review and approval of a
Minor Use Permit.
“CUP” designates use classifications that are permitted after review and approval of a
Conditional Use Permit.
“—” designates uses that are not permitted.
Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the Santa
Monica Municipal code (“Zoning Ordinance”). Use classifications and sub-classifications
not listed in the table are prohibited. Accessory uses are permissible when they are
determined by the Zoning Administrator to be necessary and customarily associated with
and appropriate, incidental, and subordinate to, the principal uses and which are
consistent and not more disturbing or disruptive than permitted uses. The table also notes
additional use regulations that apply to various uses. Section numbers in the right-hand
column refer to other Sections of this Ordinance.
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TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS
Use Classification MUBL MUB GC NC Additional
Regulations
Residential Uses
Residential Housing Types See sub-classifications below.
Single Unit Dwelling P P P P
Accessory Dwelling Unit P P P P Section 9.31.025,
Accessory Dwelling
Units and Junior
Accessory Dwelling
Units
Junior Accessory Dwelling Unit P P P P Section 9.31.025,
Accessory Dwelling
Units and Junior
Accessory Dwelling
Units
Duplex P P P P
Multiple-Unit Structure P P P P
Senior Citizen Multiple-Unit
Residential P P P P
Single-Room Occupancy
Housing P P P P
Group Residential MUP MUP MUP MUP
Congregate Housing P P P P
Senior Group Residential P P P P
Section 9.31.310,
Senior Group
Residential
Elderly and Long-Term Care P P P –
Emergency Shelters L (3)/CUP L (3)/CUP L (3)/CUP L (3)/CUP Section 9.31.130,
Emergency Shelters
Family Day Care See sub-classifications below.
Large P P P P
Section 9.31.140,
Family Day Care,
Large
Small P P P P
Residential Facilities See sub-classifications below.
Residential Care, General P P P P
Section 9.31.270,
Residential Care
Facilities
Residential Care, Limited P P P P
Section 9.31.270,
Residential Care
Facilities
Residential Care, Senior P P P P
Section 9.31.270,
Residential Care
Facilities
Hospice, General P P P P
Hospice, Limited P P P P
Supportive Housing P P P P
Transitional Housing P P P P
Public and Semi-Public Uses
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TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS
Use Classification MUBL MUB GC NC Additional
Regulations
Adult Day Care P P P L(2)/CUP
Child Care and Early Education
Facilities P P P L(2)/CUP
Section 9.31.120,
Child Care and Early
Education Facilities
Colleges and Trade Schools, Public
or Private CUP CUP P CUP
Community Assembly L(18)/CUP L(18)/CUP L(18)/CUP L(18)/CUP
Community Gardens P P P P
Cultural Facilities P P P L(2)/CUP
Hospitals and Clinics – P CUP –
Park and Recreation Facilities,
Public P P P P
Public Safety Facilities P P P CUP
Schools, Public or Private P CUP CUP P
Social Service Centers P P P P Section 9.31.350,
Social Service Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.
Grooming and Pet Stores L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP
No more than 10 dogs
or cats may be kept
overnight
Pet Day Care Services MUP MUP MUP MUP
Veterinary Services MUP MUP MUP MUP
Automobile/Vehicle Sales and
Service See sub-classifications below.
Alternative Fuels and Recharging
Facilities CUP CUP CUP CUP
Automobile Rental CUP MUP MUP – Section 9.31.050,
Automobile Rental
Automobile Storage Use L(4)/CUP – – –
New Automobile/Vehicle Sales
and Leasing – – CUP (6) –
Section 9.31.070,
Automobile/Vehicle
Sales, Leasing, and
Storage
Additions 7,500 square feet or
less to Automobile/Vehicle
Sales and Leasing buildings
existing as of 07/06/2010
L(5)/MUP L(5)/MUP L(5)/MUP –
Section 9.31.070,
Automobile/Vehicle
Sales, Leasing, and
Storage
Additions larger than 7,500
square feet to Automobile/
Vehicle Sales and Leasing
buildings existing as of
07/06/2010
CUP (5) CUP (5) CUP (5) –
Section 9.31.070,
Automobile/Vehicle
Sales, Leasing, and
Storage
Automobile/Vehicle Repair, Major – – CUP –
Section 9.31.060,
Automobile/Vehicle
Repair, Major and
Minor
Automobile/Vehicle Service and CUP – CUP – Section 9.31.060,
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TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS
Use Classification MUBL MUB GC NC Additional
Regulations
Repair, Minor Automobile/Vehicle
Repair, Major and
Minor
Automobile/Vehicle Washing – – CUP –
Section 9.31.080,
Automobile/Vehicle
Washing
Service Station CUP CUP MUP – Section 9.31.320,
Service Stations
Towing and Impound – – CUP –
Banks and Financial Institutions See sub-classifications below.
Banks and Credit Unions L(2)/CUP L(2)/CUP L(2)/CUP L(2)/CUP
Check Cashing Businesses – – – –
Business Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP
Commercial Entertainment and
Recreation See sub-classifications below.
Cinemas L(7) – – L(7)
Theaters L(8)/CUP L(8)/CUP L(8)/CUP L(8)/CUP
Convention and Conference
Centers – CUP CUP –
Large-Scale Facility CUP CUP CUP -
Small-Scale Facility L(9)/CUP L(9)/CUP L(9)/CUP CUP (16)
Section 9.31.340,
Small-Scale Facility,
Game Arcades
Fortunetelling
P P P P
Eating and Drinking Establishments See sub-classifications below.
Bars/Nightclubs/Lounges CUP CUP CUP -
Section 9.31.040,
Alcoholic Beverage
Sales
Restaurants, Full-Service,
Limited Service & Take-out
(2,500 square feet and smaller,
including Outdoor Dining and
Seating)
P P P L(10)(11)
Section 9.31.040,
Alcoholic Beverage
Sales
Section 9.31.280,
Restaurants, Limited
Service and Take-Out
Only
Section 9.31.290,
Restaurants With
Entertainment
Section 9.31.200,
Outdoor Dining and
Seating
Restaurants, Full-Service,
Limited Service & Take-out
(2,501 – 5,000 square feet,
including Outdoor Dining and
Seating)
MUP MUP MUP MUP (10)(11)
Section 9.31.040,
Alcoholic Beverage
Sales
Section 9.31.280,
Restaurants, Limited
Service and Take-Out
Only
Section 9.31.290,
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TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS
Use Classification MUBL MUB GC NC Additional
Regulations
Restaurants With
Entertainment
Section 9.31.200,
Outdoor Dining and
Seating
Restaurants, Full-Service,
Limited Service & Take-out
(greater than 5,000 square feet,
including Outdoor Dining and
Seating)
CUP CUP CUP CUP (10)(11)
Section 9.31.040,
Alcoholic Beverage
Sales
Section 9.31.280,
Restaurants, Limited
Service and Take-Out
Only
Section 9.31.290,
Restaurants With
Entertainment
Section 9.31.200,
Outdoor Dining and
Seating
Equipment Rental – L(19)/CUP L(19)/CUP –
Food and Beverage Sales See sub-classifications below.
Convenience Market CUP CUP CUP CUP
Section 9.31.040,
Alcoholic Beverage
Sales
Farmers Markets CUP CUP CUP CUP
General Market L(12)/CUP L(12)/CUP L(12)/CUP L (12)/CUP
Section 9.31.040,
Alcoholic Beverage
Sales
Liquor Stores CUP CUP CUP CUP
Section 9.31.040,
Alcoholic Beverage
Sales
Funeral Parlors and Mortuaries – CUP CUP –
Instructional Services L(19)/CUP L(19)/CUP L(19)/CUP L(17)/CUP
Live-Work L(14) L(14) L(14) L(14) Section 9.31.170, Live-
Work
Lodging See sub-classifications below.
Bed and Breakfast MUP MUP MUP MUP Section 9.31.090, Bed
and Breakfasts
Hotels and Motels CUP CUP CUP –
Maintenance and Repair Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP
Nurseries and Garden Centers L(19)/CUP L(19)/CUP L(19)/CUP L(17)/CUP
Section 9.31.220,
Outdoor Retail Display
and Sales
Offices See sub-classifications below.
Business and Professional L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Creative L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Medical and Dental L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Walk-In Clientele L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Outdoor Newsstands MUP MUP MUP MUP Section 9.31.210,
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TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS
Use Classification MUBL MUB GC NC Additional
Regulations
Outdoor Newsstands
Parking, Public or Private CUP CUP CUP CUP
Personal Services See sub-classifications below.
General Personal Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Section 9.31.230,
Personal Service
Personal Services, Physical
Training L(19)(20) L(19)(20) L(19)(20) L(2)(20)/CUP
Tattoo or Body Modification
Parlor MUP MUP MUP MUP Section 9.31.230,
Personal Service
Retail Sales See sub-classifications below.
Building Materials Sales and
Services – – CUP –
Section 9.31.220,
Outdoor Retail Display
and Sales
General Retail Sales, Small-scale L(19)/CUP L(19)/CUP L(19)/CUP L (2)/CUP
Section 9.31.220,
Outdoor Retail Display
and Sales
General Retail Sales, Medium-
scale CUP CUP L(19)/CUP –
Section 9.31.220,
Outdoor Retail Display
and Sales
General Retail Sales, Large-
scale – – CUP –
Section 9.31.220,
Outdoor Retail Display
and Sales
Medical Marijuana Dispensaries CUP(15) CUP(15) CUP(15) –
Section 9.31.185,
Medical Marijuana
Dispensaries
Pawn Shops – – – –
Swap Meets – – CUP – Section 9.31.360,
Swap Meets
Industrial Uses
Artist’s Studio P P P P
Commercial Kitchens – – CUP –
Media Production See sub-classifications below.
Support Facilities L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P P
City Bikeshare Facility P P P P
Communication Facilities See sub-classifications below.
Antennas and Transmission
Towers – – CUP –
Equipment within Buildings – – P –
Light Fleet-Based Services – – CUP –
Utilities, Major – L(13) L(13) –
Utilities, Minor P P P P
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Specific Limitations:
(1) Reserved.
(2) Limited to facilities with no more than 7,500 square feet of floor area and/or 40 linear feet of
ground floor street frontage; great area and/or width requires approval of a Conditional Use
Permit.
(3) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency
shelters with 55 or more beds.
(4) Limited to automobile storage use associated with existing automobile dealerships selling new
vehicles; otherwise, requires Conditional Use Permit.
(5) Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to
existing dealerships conforming to the Urban Auto Dealership Format standards in Section 9.31.
070, Automobile/Vehicle Sales, Leasing, and Storage are permitted. Expansions to existing
dealerships that do not conform to the Urban Auto Dealership Format standards shall require a
MUP or CUP.
(6) New auto dealerships may be allowed, subject to approval of a Conditional Use Permit, only on
sites with frontage on Santa Monica Boulevard between Lincoln Boulevard and 20th Street on
Lincoln Boulevard between Interstate 10 and Santa Monica Boulevard. In other locations, new
automobile dealerships are not permitted.
(7) Limited to existing cinema buildings. New cinemas are not permitted.
(8) Limited to theaters with 75 or fewer seats. Theaters with more than 75 seats require Conditional
Use Permit.
(9) Limited to exercise facilities (e.g., yoga, Pilates, martial arts and dance studios) and arts
instruction facilities. Other Small-Scale Commercial Recreation uses require approval of a
Conditional Use Permit.
(10) Limited to restaurants with 50 or fewer seats.
(11) Limited to 2 restaurants greater than 2,500 square feet per block along Main Street. A block is
defined as both sides of Main Street and the adjacent sides of adjoining side streets. Portions of
Main Street to be designated a “block” for the purpose of this Section are as follows:
Block 1: South City Limits to Marine Street.
Block 2: Marine Street to Pier Avenue.
Block 3: Pier Avenue to Ashland Avenue.
Block 4: Ashland Avenue to Hill.
Block 5: Hill to Ocean Park Boulevard.
Block 6: Ocean Park Boulevard to Hollister Avenue (total of four restaurants and bars
permitted in this block).
Block 7: Hollister Avenue to Strand.
Block 8: Strand to Pacific.
Block 9: Pacific to Bicknell.
Block 10: Bicknell to Bay.
Block 11: Bay to Pico Boulevard.
North of Ocean Park Boulevard restaurants shall be subject to the following requirements:
• Only one restaurant on the east side of each block shall be permitted.
• No more than 200 seats per each block shall be permitted, except that no more
than 400 seats shall be permitted on Block 6.
On-sale alcohol outlets may not exceed 12 in number north of Ocean Park Boulevard. Of the 12
total on-sale outlets, no more than 5 shall have on-sale general licenses.
Bars may not exceed 4 in number south of Ocean Park Boulevard, nor 2 in number north of
Ocean Park Boulevard.
Existing uses and existing number of eats shall count toward the total number of bars and
restaurants and seating requirements permitted within the district.
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(12) General Markets greater than 15000 square feet require a Conditional use permit. In the
Neighborhood Commercial district, establishments shall not exceed 25,000 square ft. of floor
area.
(13) Limited to electric distribution substations.
(14) If the commercial use requires a MUP or CUP, an application shall be required in accordance
with Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall
be approved where, given the design or proposed design of the Live-Work unit, there would be
the potential for adverse health impacts from the proposed use on the people residing in the unit.
An example o a potential health impact is the potential for food contamination from uses that
generate airborne particulates in a unit with an unenclosed kitchen.
(15) Medical Marijuana Dispensaries are limited to the following locations:
• MUB District along Wilshire Boulevard between Lincoln Boulevard and Centinela Avenue;
• GC District along Santa Monica Boulevard between Lincoln Boulevard and 20th Street;
and
• MUBL District along Santa Monica Boulevard between 23rd Street and Centinela Avenue.
(16) Limited to facilities of nor more than 3,000 square feet of floor area.
(17) No individual tenant space in the NC District shall occupy more than 7,500 square feet of floor
area and/or exceed 50 linear feet of ground floor street frontage without the approval of a
Conditional Use Permit.
(18) Any community assembly facility abutting a residential district shall require a Conditional Use
Permit.
(20) Youth-serving Personal Services, Physical Training requires review and approval of a passenger
loading and drop-off plan by the Director.
(21) Permitted if within buildings existing as of July 24, 2015, subject to the Active Use Requirement,
except:
• All new construction, including new additions of 50% or more additional square footage to
an existing building at any one time, or incrementally, after the effective date of this
Ordinance, requires approval of a Conditional Use Permit.
• In the NC District, ground floor, street-fronting, tenant space occupied by non-Media
Production, Support Facility uses shall not be changed to an individual office use or Media
Production, Support Facility use occupying more than 12,500 square feet of floor area
and/or exceeding 75 linear feet of street frontage without the approval of a Conditional Use
Permit.
• In the NC District, no non-medical or non-dental office use tenant space shall be changed
to an individual medical or dental office use anywhere in an existing building occupying
more than 7,500 square feet of floor are and/or exceeding 50 linear feet of ground floor
street frontage without the approval of a Conditional Use Permit.
• In the MUBL, MUB and GC Districts, no non-medical or non-dental office use tenant space
shall be changed to an individual medical or dental office use anywhere in an existing
building occupying more than 12,500 square feet of floor area and/or exceeding 75 linear
feet of ground floor street frontage without approve of a Conditional Use Permit.
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SECTION 15. Santa Monica Municipal Code Section 9.11.030 is hereby amended
to read as follows:
9.11.030 Development Standards
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 Article, while individual letters in parentheses refer to Subsections that directly
follow the table.
TABLE 9.11.030: DEVELOPMENT STANDARDS—COMMERCIAL AND MIXED-USE CORRIDOR
DISTRICTS
Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln
& Pico
Blvds)
NC NC (Main
Street)
NC
(Ocean
Park
Blvd &
Montana
Ave)
Additional
Regulations
Parcel and Intensity Standards
Minimum
Parcel Size
(sq. ft.)
7,500 7,500 7,500 7,500 5,000 5,000
See (E) 5,000
Minimum
Parcel Width
(ft.)
50 50 50 50 50 50 50
Minimum
Parcel Depth
(ft.)
150 150 150 150 100 100 100
Maximum FAR Section 9.04.080,
Determining FAR
Tier 1—Base
Standard 1.25 1.25 1.0 1.25 1.25 0.75 0.75
Tier 1—
Projects
Including On-
Site
Affordable
Housing in
Compliance
with AHPP
1.5 1.5 1.25 1.5 1.5 1.0 1.0
Chapter 9.64,
Affordable Housing
Production Program
Tier 2—With
Provision of
Community
Benefits
1.75 2.25 1.5
1.75 (2.0
if on-site
affordabl
e
housing
provided)
NA NA NA Chapter 9.23,
Community Benefits
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TABLE 9.11.030: DEVELOPMENT STANDARDS—COMMERCIAL AND MIXED-USE CORRIDOR
DISTRICTS
Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln
& Pico
Blvds)
NC NC (Main
Street)
NC
(Ocean
Park
Blvd &
Montana
Ave)
Additional
Regulations
100%
Affordable
Housing
Projects
2.0 2.75 1.5 2.0
1.75; 2.0,
on Pico
Blvd only
1.25 1.25
Chapter 9.64,
Affordable Housing
Production Program
Building Form and Location
Maximum Building Height (stories/ft.) Section 9.04.050,
Measuring Height
Tier 1—Base
Standard 2/32′ 2/32′ 2/32′ 2/32′ 2/32′ 2/27′ 2/32′
Tier 1—
Projects
Including On-
Site
Affordable
Housing in
Compliance
with AHPP
3/36′
3/39′ if
100%
residenti
al above
ground
floor,
3/35′ for
all other
projects
NA 3/36′ 2/32′ 2/27′ 2/32′
Chapter 9.64,
Affordable Housing
Production Program
Tier 2—
With
Provision of
Community
Benefits
3/36′ 3/45′ 2/35′
3/32′
(3/36′ if
on-site
affordabl
e
housing
provided)
NA NA NA Chapter 9.23,
Community Benefits
Tier 2—
With
Provision of
Community
Benefits and
100%
Residential
Above the
Ground Floor
No limit
to
stories/3
6′
No limit
to
stories/5
0′
No limit
to
stories/3
5′
No limit
to
stories/3
2′ (36′ if
on-site
affordabl
e
housing
provided)
NA NA NA Chapter 9.23,
Community Benefits
100%
Affordable
Housing
Projects
No limit
to
stories/4
7′
No limit
to
stories/5
5′
No limit
to
stories/3
5′
No limit
to
stories/4
0′
No limit to
stories/32
′; 40′ on
Pico Blvd
only
No limit
to
stories/3
2′
No limit
to
stories/3
2′
Chapter 9.64,
Affordable Housing
Production Program
Minimum
Ground Floor
Height
11′ 11′ 11′ 11′ 11′ 11′ 11′
Maximum
Ground Floor
Height
16′ 16′ 16′ 16′ 16′ 16′ 16′
Maximum Building Footprint (sq. ft.)
Tier 1 25,000 25,000 25,000 15,000 10,000 10,000 10,000
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TABLE 9.11.030: DEVELOPMENT STANDARDS—COMMERCIAL AND MIXED-USE CORRIDOR
DISTRICTS
Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln
& Pico
Blvds)
NC NC (Main
Street)
NC
(Ocean
Park
Blvd &
Montana
Ave)
Additional
Regulations
Tier 2—With
Provision of
Community
Benefits
35,000 35,000 35,000 20,000 15,000 15,000 15,000
Setbacks
Minimum
Interior Side
and Rear—
Adjacent to
Residential
District
10 10 10 10 10 10
See (E) 10
Parking See Sections 9.28.070, Location of Parking and 9.28.120, Parking
Design and Development Standards
Active
Commercial
Design
See (A) See (A) See (A) See (A) See (A) See (A) See (A)
Pedestrian
Oriented
Design
See (B) See (B) See (B) See (B) See (B) See (B) See (B)
Build-to-Line,
Nonresidenti
al Uses
See (C) See (C) See (C) See (C) See (C) See (C) See (C)
Minimum Upper-Story Stepbacks (ft.)—Required Above Maximum Ground Floor Height
Street-
Facing
Façades
5′
average
5′
average
5′
average
5′
average
5′
average
5′
average
5′
average
Daylight
Plane
Adjacent to
Residential
District—
Interior Side
and Rear
Setbacks
See (D) See (D) See (D) See (D) See (D) See (D) See (D) Section 9.21.060,
Height Exceptions
Standards for Residential Uses
Minimum
Outdoor
Living Area
(sq.
ft./unit)—
Sites with
Three or
More Units
100 100 100 100 100 100 100 Section 9.21.090,
Outdoor Living Area
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TABLE 9.11.030: DEVELOPMENT STANDARDS—COMMERCIAL AND MIXED-USE CORRIDOR
DISTRICTS
Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln
& Pico
Blvds)
NC NC (Main
Street)
NC
(Ocean
Park
Blvd &
Montana
Ave)
Additional
Regulations
Minimum
Amount
Provided as
Private
Outdoor
Living Area
(sq. ft./unit)
60 60 60 60 60 60 60 Section 9.21.090,
Outdoor Living Area
Additional Standards
Accessory
Dwelling
Units
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Accessory
Food Service Section 9.31.030, Accessory Food Service
Accessory
Structures Section 9.21.020, Accessory Buildings and Structures
Automobile/
Vehicle
Sales,
Leasing, and
Storage
Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage
Exceptions
to Height
Limits
Section 9.21.060, Height Exceptions
Fences and
Walls Section 9.21.050, Fences, Walls, and Hedges
Home
Occupation Section 9.31.160, Home Occupation
Junior
Accessory
Dwelling
Units
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Landscaping
and Street
Trees
Subsection 9.11.030(F), Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Off-Street
Parking and
Loading
Chapter 9.28, Parking, Loading, and Circulation
Projections
into Required
Setbacks
Section 9.21.110, Projections into Required Setbacks
Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy
Systems Section 9.21.150, Solar Energy Systems
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TABLE 9.11.030: DEVELOPMENT STANDARDS—COMMERCIAL AND MIXED-USE CORRIDOR
DISTRICTS
Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln
& Pico
Blvds)
NC NC (Main
Street)
NC
(Ocean
Park
Blvd &
Montana
Ave)
Additional
Regulations
Refuse and
Recycling
Screening
and
Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards
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 percent of the ground-floor frontage.
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 inches 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
percent or more along the length of the parcel line adjacent to the
commercial boulevard, the finished ground floor level along the
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commercial boulevard shall not exceed 18 inches lower or 3 feet
higher than the finished grade of the adjacent sidewalk.
(3) Corner Parcels. For corner parcels located at the
intersection of 2 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 percent
of the total floor area of the space consistent with the definition of
mezzanine.
c. A minimum of 70 percent of the façade 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.
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FIGURE 9.11.030.A: STREET-FACING FAÇADES
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:
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;
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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
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 façade, 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 façades at the ground floor level:
a. Articulated façades 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
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frame and projecting elements such as awnings and marquees to provide
shade and shelter;
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.
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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.
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FIGURE 9.11.030.D: DAYLIGHT PLANE ADJACENT TO RESIDENTIAL
DISTRICTS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS
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.
F. 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 amenities such as entry
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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 16. Santa Monica Municipal Code Section 9.13.020 is hereby amended
to read as follows:
9.13.020 Land Use Regulations
Table 9.13.020 prescribes the land use regulations for the Employment Districts. The
regulations for each district are established by letter designations below. These
designations apply strictly to the permissibility of land uses; applications for buildings or
structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with
specific limitations listed at the end of the table.
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“MUP” designates use classifications that are permitted after review and approval of a
Minor Use Permit.
“CUP” designates use classifications that are permitted after review and approval of a
Conditional Use Permit.
“—” designates uses that are not permitted.
Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the Santa
Monica Municipal code (“Zoning Ordinance”). Use classifications and sub-classifications
not listed in the table are prohibited. Accessory uses are permissible when they are
determined by the Zoning Administrator to be necessary and customarily associated with
and appropriate, incidental, and subordinate to, the principal uses and which are
consistent and not more disturbing or disruptive than permitted uses. The table also notes
additional use regulations that apply to various uses. Section numbers in the right-hand
column refer to other Sections of this Ordinance.
TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS
Use Classification IC OC HMU Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.
Single Unit Dwelling – – P
Accessory Dwelling Unit -- -- P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit -- -- P Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Structure – – P
Senior Citizen Multiple-Unit Residential – – P
Single-Room Occupancy Housing – – P
Congregate Housing L (1) L (1) P
Senior Group Residential CUP CUP P Section 9.31.310, Senior Group
Residential
Elderly and Long-Term Care – P P
Emergency Shelters L (2)/CUP L
(2)/CUP L (2)/CUP Section 9.31.130, Emergency
Shelters
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TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS
Use Classification IC OC HMU Additional Regulations
Family Day Care See sub-classifications below.
Small P P P
Large P P P Section 9.31.140, Family Day
Care, Large
Residential Facilities See sub-classifications below.
Residential Care, Limited P P P Section 9.31.270, Residential
Care Facilities
Residential Care, Senior P P P
Hospice, Limited P P P
Supportive Housing P P P
Transitional Housing P P P
Public and Semi-Public Uses
Adult Day Care MUP P P
Child Care and Early Education Facilities MUP P P Section 9.31.120, Child Care
and Early Education Facilities
Colleges and Trade Schools, Public or
Private – CUP –
Community Assembly CUP CUP CUP
Community Gardens P P P
Cultural Facility – – CUP
Hospitals and Clinics – – P
Park and Recreation Facilities, Public P P P
Public Safety Facilities MUP MUP P
Schools, Public or Private L (3)/CUP L
(3)/CUP P
Social Service Centers MUP MUP P Section 9.31.350, Social Service
Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.
Kennels CUP – –
Pet Day Care Services MUP – –
Veterinary Services P – –
Automobile / Vehicle Sales and Service See sub-classifications below.
Alternative Fuels and Recharging
Facilities L (5)/CUP CUP –
Automobile Rental L (4) P – Section 9.31.050, Automobile
Rental
Automobile Storage Use CUP CUP –
Automobile / Vehicle Sales and
Leasing CUP CUP –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Automobile / Vehicle Repair, Major L (5)/CUP – –
Section 9.31.060,
Automobile/Vehicle Repair,
Major and Minor
Automobile / Vehicle Service and
Repair, Minor L (5)/CUP – –
Section 9.31.060,
Automobile/Vehicle Repair,
Major and Minor
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TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS
Use Classification IC OC HMU Additional Regulations
Automobile / Vehicle Washing CUP – – Section 9.31.080,
Automobile/Vehicle Washing
Large Vehicle and Equipment Sales,
Service, and Rental CUP – –
Service Station L (5)/CUP CUP – Section 9.31.320, Service
Stations
Towing and Impound L (5)/CUP – –
Banks and Financial Institutions See sub-classifications below.
Banks and Credit Unions – L (6) CUP
Business Services P L (6) P
Commercial Entertainment and Recreation See sub-classifications below.
Cinemas – – –
Theaters L (7)/CUP – –
Convention and Conference Centers – CUP –
Small-Scale Facility L (8)/CUP MUP (6) CUP Section 9.31.340, Small-Scale
Facility, Game Arcades
Eating and Drinking Establishments See sub-classifications below.
Restaurants, Full-Service, Limited
Service & Take-Out, With
Entertainment, With Outdoor Eating
Areas (2,500 SF and smaller)
P L (6) P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants
with Entertainment
Section 9.31.200, Outdoor
Dining and Seating
Restaurants, Full-Service, Limited
Service & Take-Out, With
Entertainment, With Outdoor Eating
Areas (2,501 – 5,000 SF)
– MUP (6) P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants
with Entertainment
Section 9.31.200, Outdoor
Dining and Seating
Restaurants, Full-Service, Limited
Service & Take-Out, With
Entertainment, With Outdoor Eating
Areas (Greater than 5,000 SF)
– CUP (6) P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants
with Entertainment
Section 9.31.200, Outdoor
Dining and Seating
Equipment Rental P – P
Food and Beverage Sales See sub-classifications below.
Convenience Markets L (6) L (6) P
Farmers Markets CUP – –
Funeral Parlor and Mortuary – – CUP
Live-Work L (14) CUP L (14) Section 9.31.170, Live-Work
Offices See sub-classifications below.
Business and Professional L (9) P P
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TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS
Use Classification IC OC HMU Additional Regulations
Creative P P –
Medical and Dental – P P
Walk-In Clientele L (10) L (6) L (10)
Parking, Public or Private CUP CUP CUP
Personal Services See sub-classifications below.
General Personal Services – L (6) P
Personal Services, Physical Training – L (6) CUP
Retail Sales See sub-classifications below.
Building Materials Sales and Services P – – Section 9.31.220, Outdoor Retail
Display and Sales
Firearms and Ammunition Sales – – –
General Retail Sales, Small-scale CUP (11) MUP (6) P Section 9.31.220, Outdoor Retail
Display and Sales
Medical Marijuana Dispensaries – – CUP Section 9.31.185, Medical
Marijuana Dispensaries
Industrial Uses
Artist’s Studio P P P
Commercial Kitchens P – –
Industry, General P CUP (12) –
Research and Development P CUP (12) P
Industry, Limited P CUP (12) –
Media Production P P –
Recycling Facility See sub-classifications below.
Recycling Collection Facility P – –
Recycling Processing Facility P – –
Warehousing, Storage, and Distribution See sub-classifications below.
Indoor Warehousing and Storage P – –
Outdoor Storage CUP (13) – –
Personal Storage P CUP – Section 9.31.240, Personal
Storage
Wholesaling and Distribution P – –
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P
City Bikeshare Facility P P P
Communication Facilities See sub-classifications below.
Antennas and Transmission Towers CUP – CUP Chapter 9.32,
Telecommunication Facilities
Facilities within Buildings CUP P CUP
Light Fleet-Based Services CUP – –
Utilities See sub-classifications below.
Utilities, Major P P –
Utilities, Minor P P P
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Specific Limitations:
(1) Limited to 100% affordable housing projects. For Senior Citizen Multiple-Unit Residential projects in
the Office Campus district that are not 100% affordable approval of a Conditional Use Permit is
required.
(2) Homeless shelters with less than 55 beds are permitted by right. Homeless shelters with 55 beds or
more may be permitted with application for and approval of a Conditional Use Permit.
(3) Permitted if existing. New uses require approval of a Conditional Use Permit.
(4) Limited to accessory automobile rental facilities located within Automobile/Vehicle Repair use.
(5) Permitted if located 100 ft. or more from any residential use or district. Conditional Use Permit required
if located within 100 ft. of a residential use or district.
(6) Conditionally permitted as businesses that provide goods and services to employees on the premises.
No more than 25 percent of the total square footage of a development may be devoted to such
businesses.
(7) Limited to theaters with 99 seats or less and 10,000 sq. ft. or less. Larger theaters require a Conditional
Use Permit.
(8) Exercise facilities (e.g., yoga, Pilates, martial arts, and dance studios) permitted by right. Other Small-
Scale Commercial Recreation uses require a Conditional Use Permit.
(9) Permitted if existing or accessory to a primary permitted use on the same site and not exceeding 25
percent of the gross floor area of the primary permitted use.
(10) Permitted if existing. New uses are not permitted.
(11) Limited to retail sales of goods manufactured on the premises provided that the floor space devoted
to such use does not exceed 20 percent of the gross floor area of the primary permitted use or 2,000
sq. ft., whichever is less.
(12) Such uses must be conducted within an enclosed building or an open enclosure screened from public
view. In order to approve a Conditional Use Permit, the review authority must make a finding that
proposed uses are compatible with office and advanced technological uses.
(13) Limited to outdoor storage of fleet vehicles if such vehicles are directly related to the primary operation
on the site.
(14) If the commercial use requires a MUP or CUP, an application shall be required in accordance with
Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be
approved where, given the design or proposed design of the Live-Work unit, there would be the
potential for adverse health impacts from the proposed use on the people residing in the unit. An
example of a potential health impact is the potential for food contamination from uses that generate
airborne particulates in a unit with an unenclosed kitchen.
SECTION 17. Santa Monica Municipal Code Section 9.13.030 is hereby amended
to read as follows:
9.13.030 Development Standards
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 Article,
while individual letters in parentheses refer to subsections that directly follow the table.
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TABLE 9.13.030: DEVELOPMENT STANDARDS—EMPLOYMENT DISTRICTS
Standard IC OC* HMU Additional Regulations
Parcel and Intensity Standards
Minimum
Parcel Size
(sq. ft.)
15,000 15,000 7,500
Minimum
Parcel Width
(ft.)
100 100 50
Minimum
Parcel Depth
(ft.)
150 150 100
Maximum FAR Section 9.04.080, Determining
FAR
Tier 1—
Base
Standard
1.0 1.5 1.5
Tier 2—
With
Provision
of
Community
Benefits
1.75 1.75 2.5 Chapter 9.23, Community
Benefits
100%
Affordable
Housing
Projects
2.25 NA 2.5 Limited to 50 or fewer units
Building Form and Location
Maximum Building Height (stories/ft.) Section 9.04.050, Measuring
Height
Tier 1—
Base
Standard
2/32 2/32 3/45
Tier 2—
With
Provision
of
Communit
y Benefits
3/45 See (A) 3/45 5/70
100%
Affordable
Housing
Projects
No limit to stories/45 NA No limit to
stories/70 Limited to 50 or fewer units
Minimum Setbacks (ft.)
Front and
Corner
Side
None None None
Interior
Side and
Rear
Adjacent to
a
Residential
District
15. See (B) 15. See (B) 15. See (B)
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TABLE 9.13.030: DEVELOPMENT STANDARDS—EMPLOYMENT DISTRICTS
Standard IC OC* HMU Additional Regulations
Parking Sections 9.28.070, Location of Parking and 9.28.120, Parking Design and Development
Standards
Minimum
Ground-Floor
(Floor-to-
Floor) Height
(ft.) for
Frontages on
a Boulevard
11 11 NA
Maximum
Ground Floor-
(Floor-to-Floor
Height (ft.) for
Frontages on
a Boulevard
16 16 NA
Minimum Upper-Story Stepbacks (ft.)—Required Above Maximum Ground Floor Height
Street-
Facing
Façades
5′ average 5′ average NA
Daylight Plane
Adjacent to
Residential
District—
Interior Side
and Rear
Setbacks
See (C) See (C) See (C)
Additional Standards
Accessory
Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Accessory
Food Service Section 9.31.030, Accessory Food Service
Accessory
Structures Section 9.21.020, Accessory Buildings and Structures
Exceptions to
Height Limits Section 9.21.060, Height Exceptions
Fences and
Walls Section 9.21.050, Fences, Walls, and Hedges
Home
Occupation Section 9.31.160, Home Occupation
Junior
Accessory
Dwelling Units
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Landscaping Subsection 9.13.030(D), Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Off-Street
Parking and
Loading
Chapter 9.28, Parking, Loading, and Circulation
Parking
Structures and
Areas
Chapter 9.28, Parking, Loading, and Circulation
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TABLE 9.13.030: DEVELOPMENT STANDARDS—EMPLOYMENT DISTRICTS
Standard IC OC* HMU Additional Regulations
Projections
into Required
Setbacks
Section 9.21.110, Projections into Required Setbacks
Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy
Systems Section 9.21.150, Solar Energy Systems
Refuse and
Recycling
Screening and
Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards
* 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
4 stories, 45 feet:
1. Projects involving the expansion of public or private elementary and
secondary schools (Grades K through 12) existing prior to September 8, 1988.
2. Entertainment-related facilities including sound stages, movie
studios, editing facilities, post-production facilities, set construction facilities and
special effects facilities.
3. Theaters.
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
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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
D. 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 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.
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SECTION 18. Santa Monica Municipal Code Section 9.14.020 is hereby amended
to read as follows:
9.14.020 Land Use Regulations
Table 9.14.020 prescribes the land use regulations for the Oceanfront District. The
regulations for each district are established by letter designations listed below. These
designations apply strictly to the permissibility of land uses; applications for buildings or
structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with
specific limitations listed at the end of the table.
“CUP” designates use classifications that are permitted after review and approval of a
Conditional Use Permit.
“MUP” designates use classifications that are permitted after review and approval of a
Minor Use Permit.
“–” designates uses that are not permitted.
Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and sub-
classifications not listed in the table are prohibited. Accessory uses are permissible when
they are determined by the Zoning Administrator to be necessary and customarily
associated with and appropriate, incidental, and subordinate to, the principal uses and
which are consistent and not more disturbing or disruptive than permitted uses. The table
also notes additional use regulations that apply to various uses. Section numbers in the
right-hand column refer to other Sections of this Ordinance.
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TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT
Use Classification OF Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.
Single Unit Dwelling P
Accessory Dwelling Unit P
Section 9.31.025, Accessory Dwelling
Units and Junior Accessory Dwelling
Units
Junior Accessory Dwelling Unit P Section 9.31.025, Accessory Dwelling
Units and Junior Accessory Dwelling
Units
Duplex P
Multiple-Unit Dwelling P
Senior Citizen Multiple-Unit
Residential P
Single Room Occupancy Housing P Section 9.31.330, Single Room
Occupancy Uses
Group Residential MUP
Congregate Housing P Section 9.31.110, Congregate and
Transitional Housing
Senior Group Residential P Section 9.31.310, Senior Group
Residential
Elderly and Long-Term Care P
Emergency Shelters CUP Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.
Large P Section 9.31.140, Family Day Care,
Large
Small P
Residential Facilities See sub-classifications below.
Residential Care, General P Section 9.31.270, Residential Care
Facilities
Residential Care, Limited P Section 9.31.270, Residential Care
Facilities
Residential Care, Senior P Section 9.31.270, Residential Care
Facilities
Supportive Housing P
Transitional Housing P
Public and Semi-Public Uses
Adult Day Care CUP
Child Care and Early Education
Facilities CUP Section 9.31.120, Child Care and Early
Education Facilities
Cultural Facilities CUP
Park and Recreations Facilities, Public P
Schools P
Commercial Uses
Automobile/Vehicle Sales and Service See sub-classifications below.
Automobile Rental MUP Section 9.31.050, Automobile Rental
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TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT
Use Classification OF Additional Regulations
Commercial, Entertainment, and
Recreation See sub-classifications below.
Theaters L (1)
Convention and Conference Centers P
Small-Scale Facility P Section 9.31.340, Small-Scale Facility,
Game Arcades
Large-Scale Facility L (2)/CUP
Eating and Drinking Establishments See sub-classifications below.
Bars/Nightclubs/Lounges L (3)/CUP Section 9.31.040, Alcoholic Beverage
Sales
Restaurants, Full-Service including
Outdoor Dining and Seating P
Section 9.31.040, Alcoholic Beverage
Sales
Section 9.31.280, Restaurants, Limited
Service and Take-Out Only
Section 9.31.290, Restaurants With
Entertainment
Section 9.31.200, Outdoor Dining and
Seating
Chapter 9.20, Beach Overlay District
Restaurants, Limited Service and
Take-Out Only including Outdoor
Dining and Seating
P
Section 9.21.040, Alcoholic Beverage
Sales
Section 9.31.280, Restaurants, Limited-
Service and Take Out Only
Section 9.31.290, Restaurants With
Entertainment
Section 9.31.200, Outdoor Dining and
Seating
Chapter 9.20, Beach Overlay District
Food and Beverage Sales See sub-classifications below.
Convenience Markets P Section 9.31.040, Alcoholic Beverage
Sales
Farmers Markets MUP
General Markets L (4) Section 9.31.040, Alcoholic Beverage
Sales
Liquor Stores CUP Section 9.31.040, Alcoholic Beverage
Sales
Lodging See sub-classifications below.
Bed and Breakfast CUP Within Designated Landmarks only.
Section 9.31.090, Bed and Breakfasts
Offices See sub-classifications below.
Business and Professional L (5)/CUP
Creative L (5)/CUP
Walk-In Clientele L (5)/CUP
Parking, Public or Private CUP
General Personal Services MUP
Retail Sales See sub-classifications below.
General Retail Sales, Small-Scale P Section 9.31.220, Outdoor Retail
Display and Sales
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TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT
Use Classification OF Additional Regulations
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P
Specific Limitations:
(1) Limited to theaters for live performances.
(2) Existing large-scale commercial, entertainment, and recreation facilities existing as of the date of
this Ordinance are permitted. Any new large-scale commercial, entertainment, and recreation
facilities require approval of a Conditional Use Permit.
(3) Bars, nightclubs, and lounges are only permitted on the Pier, on Oceanfront Walk, and within hotels.
(4) Limited to establishments with no more than 2,500 sq. ft. of floor area.
(5) Office uses on the ground floor street frontage may not exceed 25 percent of the parcel width or
1,000 sq. ft, whichever is less.
SECTION 19. Santa Monica Municipal Code Section 9.14.030 is hereby amended
to read as follows:
9.14.030 Development Standards
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 Article,
while individual letters in parentheses refer to subsections that directly follow the table.
TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT
Standard OF Additional Regulations
Parcel and Intensity Standards
Minimum Parcel Size (sq. ft.) 5,000
Minimum Parcel Width (ft.) 50′
Minimum Parcel Depth (ft.) 100′
Maximum Density; Parcels
along the Pacific Coast
Highway between the Santa
Monica Pier and the north
City limits
Parcels 4,000 sq. ft. or more: 1 dwelling unit/1,500
sq. ft.
Parcels less than 4,000 sq. ft.: 1 dwelling
unit/parcel if existing, no new dwelling units. But
see Section 9.31.025(D) regarding accessory
dwelling units and junior dwelling units.
No more than 1 dwelling unit
shall be permitted on a parcel
40 ft. or less in width
But see Section 9.31.025(D)
regarding accessory dwelling
units and junior accessory
dwelling units.
Maximum FAR Section 9.04.080, Determining
FAR
Tier 1—Base Standard
1.5; 0.5 for parcels located along the Pacific Coast
Highway between the Santa Monica Pier and the
north City limits
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TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT
Standard OF Additional Regulations
Tier 2—With Provision of
Community Benefits 2.0 Chapter 9.23, Community
Benefits
100% Affordable Housing
Projects 2.25
Limited to 50 or fewer units;
Chapter 9.64, Affordable
Housing Production Program
Santa Monica Pier Maximum FAR
The Deauville site to the
north, Seaside Terrace to
the south, The Ocean
Front Walk to the west,
and Ocean Avenue to the
east, except parcels
fronting on Ocean Avenue
1.0
Parcels fronting on Ocean
Avenue 0.5
Maximum Parcel Coverage
(%)
70; 50 on parcels along the Pacific Coast Highway
between the Santa Monica Pier and the north City
limits
Building Form and Location
Maximum Building Height
(stories/ft.)
One story for newly constructed stand-alone
restaurants except for the Santa Monica Pier
Section 9.04.050 Measuring
Height
Tier 1—Base Standard
2/32′;
2/23′ (flat roof) or 2/30′ (pitched roof) for parcels
located along the Pacific Coast Highway between
the Santa Monica Pier and the north City limits
Tier 1—Projects Including
On-Site Affordable
Housing in Compliance
with AHPP
3/36′ Chapter 9.64, Affordable
Housing Production Program
100% Affordable Housing
Projects No limit to number of stories/47′
Limited to 50 or fewer units;
Chapter 9.64, Affordable
Housing Production Program
Tier 2—With Provision of
Community Benefits 3/47′ Chapter 9.23, Community
Benefits
Tier 2—With Provision of
Community Benefits and
100% Residential Above
the Ground Floor
No limit to stories/47′ Chapter 9.23, Community
Benefits
Santa Monica Pier Maximum Building Height (stories/ft.) Section 9.04.050, Measuring
Height
The Deauville site to the
north, Seaside Terrace to
the south, The
Promenade to the west,
and Ocean Avenue to the
east, including parcels
fronting on Ocean Avenue
2/30′
Amusement Rides on the
Santa Monica Pier
85 ft. for one Ferris wheel; 55 ft. for one roller
coaster; 45 ft. for all other amusement rides
Street-Facing Façades (ft.)
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TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT
Standard OF Additional Regulations
Minimum Ground Floor
(Floor-to-Floor) Height for
Nonresidential Uses
11′
Maximum Ground Floor
(Floor-to-Floor) Height for
Nonresidential Uses
16′
Active Commercial Design See (A)
Pedestrian Oriented Design See (B)
Exterior Lighting See (D)
Minimum Setbacks (ft., measured from parcel line)
Street Frontage
5 ft. from street fronting parcel line except for 20 ft.
on Pacific Coast Highway between northern City
limits and Santa Monica Pier. See (C)
Rear
15 ft. if adjacent to a residential use; 25 ft. for
beach rear setback on parcels over 100 ft. in depth
located along the Pacific Coast Highway between
the Santa Monica Pier and the north City limits
Side
If adjacent to a residential use, see (E); for parcels
located along the Pacific 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
Street-Facing Façades
At least 30% of the building elevation above the
maximum ground floor height shall provide an
additional 5-foot average setback from the
minimum required front yard setback
Daylight Plane Adjacent to
Residential Use—Interior
Side and Rear Setbacks
See (F) Section 9.21.070, Height
Exceptions
View Corridors See (G)
Standards for Residential Uses
Minimum Outdoor Living Area
(sq. ft./unit)—Sites with Three
or More Units
100 Section 9.21.090, Outdoor
Living Area
Minimum Amount
Provided as Private
Outdoor Living Area (sq.
ft./unit)
60
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Accessory Food Service Section 9.31.030, Accessory Food Service
Accessory Structures Section 9.21.020, Accessory Buildings and Structures
Exceptions to Height Limits Section 9.21.060, Height Exceptions
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges
Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling
Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Landscaping Subsection 9.14.030(H), Landscaping; Chapter 9.26, Landscaping
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TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT
Standard OF Additional Regulations
Lighting Section 9.21.080, Lighting
Off-Street Parking and
Loading Chapter 9.28, Parking, Loading, and Circulation
Projections into Required
Setbacks Section 9.21.110, Projections into Required Setbacks
Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems
Trash Screening and
Enclosure Section 9.21.130, Resource Recovery and Recycling Standards
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 percent 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 inches 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 percent 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
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exceed 18 inches lower or 3 feet 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 façade 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 – 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 façades at the ground floor level:
1. Articulated façades 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.
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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 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.
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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 4 feet:
5′ + (stories x parcel width)
50′
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.
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FIGURE 9.14.030.F: DAYLIGHT PLANE ADJACENT TO RESIDENTIAL USES—
OCEANFRONT DISTRICTS
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
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
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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 20. Santa Monica Municipal Code Section 9.15.020 is hereby amended
to read as follows:
9.15.020 Land Use Regulations
Table 9.15.020 prescribes the land use regulations for Public and Semi-Public Districts.
The regulations for each district are established by letter designations listed below. These
designations apply strictly to the permissibility of land uses; applications for buildings or
structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with
specific limitations listed at the end of the table.
“CUP” designates use classifications that are permitted after review and approval of a
Conditional Use Permit.
“MUP” designates use classifications that are permitted after review and approval of a
Minor Use Permit.
“–” designates uses that are not permitted.
Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and sub-
classifications not listed in the table are prohibited. Accessory uses are permissible when
they are determined by the Zoning Administrator to be necessary and customarily
associated with and appropriate, incidental, and subordinate to, the principal uses and
which are consistent and not more disturbing or disruptive than permitted uses. The table
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also notes additional use regulations that apply to various uses. Section numbers in the
right-hand column refer to other Sections of this Ordinance.
TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS
Use Classification CC PL OS Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.
Multiple-Unit Dwelling L (1) - -
Accessory Dwelling Unit P Section 9.31.025, Accessory Dwelling
Units and Junior Accessory Dwelling
Units
Senior Citizen Multiple-Unit
Residential L (1) - -
Single Room Occupancy
Housing L (1) - -
Group Residential L (1) - -
Congregate Housing L (1) - - Section 9.31.110, Congregate and
Transitional Housing
Senior Group Residential L (1) - - Section 9.31.310, Senior Group
Residential
Emergency Shelters - P - Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.
Large P P P Section 9.31.140, Family Day Care,
Large
Small P P P
Residential Care Facilities See sub-classifications below.
Residential Care, General L (1) - - Section 9.31.270, Residential Care
Facilities
Residential Care, Limited L (1) - - Section 9.31.270, Residential Care
Facilities
Residential Care, Senior L (1) - - Section 9.31.270, Residential Care
Facilities
Hospice, General - - -
Hospice, Limited - - -
Supportive Housing L (1) - -
Transitional Housing L (1) - -
Public and Semi-Public Uses
Adult Day Care P P P
Cemetery - P -
Child Care and Early Education
Facilities P P P Section 9.31.120, Child Care and Early
Education Facilities
Colleges and Trade Schools, Public
or Private L (3) P -
Community Assembly P P L (3)
Community Gardens - P P
Cultural Facilities P P P
Park and Recreations Facilities,
Public P P P
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TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS
Use Classification CC PL OS Additional Regulations
Public Safety Facilities P P -
Schools, Public or Private L (3) P -
Social Service Centers P P -
Commercial Uses
Banks and Financial Institutions L (1) - -
Business Services L (1) - -
Commercial, Entertainment, and
Recreation See sub-classifications below.
Cinemas/Theaters - - MUP (3)
Convention and Conference
Centers P - -
Large-Scale Facility - - -
Small-Scale Facility - - - Section 9.31.340, Small-Scale Facility,
Game Arcades
Eating and Drinking Establishments See sub-classifications below.
Restaurants, Full-Service L (1) L (2) L (2) Section 9.31.040, Alcoholic Beverage
Sales
Restaurants, Limited Service L (1) L (2) L (2) Section 9.31.040, Alcoholic Beverage
Sales
Restaurants, Take-Out Only L (1) L (2) - Section 9.31.040, Alcoholic Beverage
Sales
With Outdoor Eating Areas L (1) L (2) L (2) Section 9.31.200, Outdoor Dining and
Seating
Food and Beverage Sales See sub-classifications below.
Convenience Markets L (1) - - Section 9.31.040, Alcoholic Beverage
Sales
Farmers Markets - P CUP
General Markets L (1) - - Section 9.31.040, Alcoholic Beverage
Sales
Live-Work L (1) - - Section 9.31.170, Live-Work Units
Lodging See sub-classifications below.
Hotels and Motels CUP - -
Offices See sub-classifications below.
Business and Professional L
(4)/CUP L (3) -
Creative L
(4)/CUP - -
Walk-In Clientele L
(4)/CUP - -
Parking, Public or Private L (3) P L (5)
General Personal Services L (1) - -
Retail Sales See sub-classifications below.
General Retail Sales, Small-
Scale L (1) - - Section 9.31.220, Outdoor Retail
Display and Sales
Swap Meet MUP MUP MUP Section 9.31.360, Swap Meets
Transportation, Communication, and Utilities Uses
Citywide Bikeshare Facility P P P
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TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS
Use Classification CC PL OS Additional Regulations
Communication Facilities See sub-classifications below.
Antennas and Transmission
Towers CUP CUP -
Equipment Within Buildings - P -
Utilities, Major - P -
Utilities, Minor - P -
Specific Limitations:
(1) Permitted as part of a mixed-use development. Residential uses not permitted on ground floor.
(2) Permitted only as an accessory to a primary use. Must be located within the same building as a
primary use.
(3) Limited to public, quasi-public, or nonprofit establishments.
(4) Public, quasi-public, and nonprofit offices are permitted. Conditional Use Permit required for private
offices.
(5) Limited to public parking for beach or park users.
SECTION 21. Santa Monica Municipal Code Section 9.15.030 is hereby amended
to read as follows:
9.15.030 Development Standards
Table 9.15.030 prescribes the development standards for the Public and Semi-Public
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 Article, while individual letters in parentheses refer to Subsections that directly
follow the table. Development standards for the Civic Center (CC) district are as
prescribed in the Civic Center Specific Plan, which is hereby incorporated by reference.
Where Zoning Ordinance provisions are not specifically addressed by the Civic Center
Specific Plan, the Zoning Ordinance shall apply. Where there is a conflict between
compliance with the Civic Center Specific Plan and the Zoning Ordinance, the Civic
Center Specific Plan shall control except where the conflicting Zoning Ordinance
provision was adopted through voter initiative in which case the initiative shall control.
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TABLE 9.15.030: DEVELOPMENT STANDARDS—PUBLIC AND PARK DISTRICTS
Standard PL OS Additional Regulations
Parcel and Intensity Standards
Minimum Parcel Size (sq.
ft.) 20,000 5,000
Building Form and Location
Maximum Building Height
(stories/ft.) 2/32
2/28; 1/20 west of the
centerline of Ocean
Avenue and Barnard
Way
Section 9.04.050, Measuring
Height
Minimum Setbacks (ft., measured from property line)
Street Frontage 10 20
Interior Side and Rear 10; 15 when abutting
a residential district 10
Maximum Parcel Coverage
(% of a parcel) NA 25
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Accessory Food Service Section 9.31.030, Accessory Food Service
Accessory Structures Section 9.21.020, Accessory Buildings and Structures
Exceptions to Height Limits Section 9.21.060, Height Exceptions
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges
Home Occupation Section 9.31.160, Home Occupation
Landscaping Section 9.15.030(A), Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Off-Street Parking and
Loading Chapter 9.28, Parking, Loading, and Circulation
Projections into Required
Setbacks Section 9.21.110, Projections into Required Setbacks
Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems
Trash Screening and
Enclosure Section 9.21.130 Resource Recovery and Recycling Standards
A. Planting Areas, Public District. In the Public and Semi-Public Districts,
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.
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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 22. Santa Monica Municipal Code Section 9.21.020 is hereby amended
to read as follows:
9.21.020 Accessory Structures
Accessory structures shall conform to the same property development standards as main
buildings except as required by this Section. Accessory buildings in Residential Districts
shall include, but not be limited to, greenhouse and garden structures, storage sheds,
workshops, garages, and other buildings that are detached from the principal building.
Accessory structures in Residential Districts shall include, but not be limited to,
unenclosed carports, gazebos, cabanas, or other similar structures; air conditioners,
compressors, electric vehicle charging equipment, pool and spa filters, or other
mechanical equipment; barbecues; sinks and counters; fountains; freestanding
fireplaces; firepits; above ground swimming pools and spas; and other structures with a
fixed location that are detached from the principal building. Accessory structures greater
than 14 feet in height are not permitted. Accessory structures shall be erected, structurally
altered, converted, enlarged, moved, and maintained, in compliance with the following
regulations:
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A. Relation to Principal Buildings. An accessory building may only be
constructed on a parcel with a legally-permitted principal building. Except for accessory
dwelling units established in compliance with Section 9.31.025, Accessory Dwelling Units
and Junior Accessory Dwelling units, of this code, an accessory building shall be
considered part of the principal building if the accessory building is located less than 6
feet from the principal building or if connected to it by fully enclosed space.
B. Dwelling Units in Accessory Buildings. An accessory building on a
parcel occupied or proposed to be occupied by a single-unit or multiple-unit detached
dwelling may only be used as a separate dwelling unit in compliance with the
requirements of Section 9.31.025, Accessory Dwelling Units and Junior Accessory
Dwelling Units.
C. Accessory Buildings up to 14 Feet in Residential Districts. Accessory
buildings and structures not more than 14 feet or one story in height shall conform to the
following standards:
1. Location.
a. Accessory buildings shall be located on the rear half of the
parcel and shall not extend into the minimum side yard setback except as
authorized pursuant to subsections (b) and (c) below.
b. Accessory buildings no more than 14 feet in height may be
located in the rear setback but shall be located at least 5 feet from the rear
parcel line. A garage or garage portion of such an accessory building may
extend up to one interior side parcel line within the rear 35 feet of a parcel.
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c. A garage or garage portion of an accessory building may
extend to the rear parcel line abutting an alley, provided that vehicle access
is not taken from the alley. Where vehicle access is taken from an alley,
garages shall be set back at least 5 feet from the rear parcel line abutting
said alley.
d. Accessory buildings may be located in the rear setback and
shall be located at least 15 feet from the centerline of a rear alley.
e. Accessory structures shall not be located within any front or
minimum side setback except as expressly authorized below:
i. Fountains, fire pits, and similar ornamental landscape
features not to exceed 42 inches in height.
ii. Underground mechanical equipment.
iii. Electric vehicle charging equipment shall be permitted
within any minimum side setback but shall not be permitted within
any minimum front setback.
2. Dimensions.
a. On a reversed corner parcel, accessory buildings shall not be
located nearer to the street side parcel line of such corner parcel than one-
half 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.
b. Any accessory building on a through parcel shall not project
into any front setback and shall not be located in any minimum side setback.
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3. Sloped Parcels.
a. Where the elevation of the ground at a point 50 feet from the
front parcel line of a parcel and midway between the side parcel lines differs
12 feet or more from the curb level, a private garage, not exceeding one
story nor 11 feet in height for a flat roof and one story nor 14 feet in height
for a pitched roof, may be located within the required front setback, provided
that every portion of the garage building is at least 5 feet from the front
parcel line and does not occupy more than 50% of the width of the front
parcel line.
b. In all OP Districts, a garage or garage entrance on a parcel
with an existing grade differential of 10 feet or more between the midpoint
of the front parcel line and the midpoint of the rear parcel line may be set
back a distance equal to the average garage setback of adjacent garage(s),
but not less than 5 feet, when the interior garage width does not exceed 20
feet and the height does not exceed 11 feet for a flat roof and 14 feet for a
pitched roof.
4. Facilities. Except for accessory dwelling units established in
compliance with Section 9.31.025, Accessory Dwelling Units and Junior Accessory
Dwelling Units, accessory buildings may not contain kitchens or full baths. An
accessory building that is not an approved accessory dwelling unit may contain a
sink and toilet, but may not contain a shower or tub enclosure. A shower that is
outside and unenclosed is permitted.
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D. Accessory Buildings over One Story or 14 Feet in Residential Districts.
Accessory buildings that exceed 14 feet or one story in height shall conform to the
following standards:
1. Maximum Floor Area. The total floor area of an accessory building
that exceeds 14 feet or one story in height shall not exceed 650 square feet
including any area approved for use as a garage. No accessory building shall have
a second floor that exceeds 250 square feet in size. Accessory dwelling units are
exempt from this requirement pursuant to Section 9.31.025, Accessory Dwelling
Units and Junior Accessory Dwelling Units.
2. Maximum Building Height. The accessory building shall not
exceed two stories or 24 feet in height.
3. Setbacks. The accessory building shall conform to all setback
requirements of the Residential District and the following requirements:
a. A one-story garage or the garage portion of an accessory
building may extend into the rear setback and may extend to one interior
side property line on the rear 35 feet of a parcel.
b. The accessory building shall have the same minimum side
setback requirement as the principal building on the parcel, but in no case
less than 5 feet.
c. The second story portion of an accessory building that is
directly above the garage may extend into the required rear setback but
shall be no closer than 5 feet from the rear property line, and may not extend
into any minimum side setback.
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4. Exterior Features. In the Single-Unit Residential (R1) District, first-
story roof decks, landings, upper level walkways, and balconies on accessory
buildings, not including accessory dwelling units, 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. Roof decks above
the second story are prohibited.
5. Design Compatibility. The architectural design of the accessory
building shall be compatible with the design of the principal dwelling and
surrounding residential development in terms of building form, materials, colors,
and exterior finishes.
6. Kitchen. The accessory building shall not contain a kitchen unless
specifically permitted as an accessory dwelling unit pursuant to Section 9.31.025,
Accessory Dwelling Units and Junior Accessory Dwelling Units.
7. Full Bath. The accessory building may contain a sink and toilet, but
shall not contain a shower or tub enclosure unless specifically permitted as an
accessory dwelling unit pursuant to Section 9.31.025, Accessory Dwelling Units
and Junior Accessory Dwelling Units. A shower that is located outside and
unenclosed may be permitted.
8. Renting. No accessory building shall be rented for any purpose or
otherwise used as an accessory dwelling unit unless specifically pursuant to
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units.
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SECTION 23. Santa Monica Municipal Code Section 9.22.010 is hereby amended
to read as follows:
9.22.010 Purpose
The purpose of this Chapter is to promote the production of deed-restricted
affordable housing, to implement goals, objectives, policies, and programs of the City’s
Land Use and Circulation Element (“LUCE”) and Housing Element related to affordable
housing production, and to establish procedures for implementing the requirements of the
State Density Bonus Law, as set forth in California Government Code Chapter 4.3,
Sections 65915-65918, (the “State Density Bonus Law”).
SECTION 24. Current Santa Monica Municipal Code Section 9.22.020 is hereby
renumbered as Section 9.22.040 and amended to read as set forth in Section 26 of this
Ordinance; a new Section 9.22.020 is added to read as follows:
9.22.020 Relation to Affordable Housing Production Program
Nothing in this Chapter shall be interpreted to modify or reduce the requirements
of the City’s Affordable Housing Production Program, Chapter 9.64, including but not
limited to, satisfaction of the affordable housing obligation set forth in Section 9.64.040.
Affordable housing units produced pursuant to the Affordable Housing Production
Program that meet the requirements of this Chapter shall be counted towards eligibility
for the density bonuses, incentives or concessions, and waivers or modifications of
development standards set forth in this Chapter.
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SECTION 25. Current Santa Monica Municipal Code Section 9.22.030 is hereby
renumbered as Section 9.22.050 and amended to read as set forth in Section 27 of this
Ordinance; a new Section 9.22.030 is added to read as follows:
9.22.030 Definitions
As used in this Chapter:
A. “Affordable housing cost” means affordable housing cost as defined in Health
and Safety Code Section 50052.5.
B. “Affordable rent” means affordable rent as defined in Health and Safety Code
Section 50053.
C. “Childcare facility” means a child daycare facility other than a family day care,
including, but not limited to, infant centers, preschools, extended daycare facilities and
school age childcare centers.
D. “Common interest development” means common interest development as
defined in Civil Code Section 4100.
E. “Concession or incentive” means any of the following:
1. A reduction in site development standards or a modification of zoning
code requirements or architectural design requirements that exceed the minimum
building standards approved by the California Building Standards Commission as
provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health
and Safety Code, including, but not limited to, a reduction in setback and square
footage requirements and in the ratio of vehicular parking spaces that would
otherwise be required that results in identifiable and actual cost reductions, to
provide for affordable housing costs, as defined in Section 50052.5 of the Health
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and Safety Code, or for rents for the targeted units to be set as specified in
Government Code Section 65915(c).
2. Approval of mixed-use zoning in conjunction with the housing project if
commercial, office, industrial, or other land uses will reduce the cost of the housing
development and if the commercial, office, industrial, or other land uses are
compatible with the housing project and the existing or planned development in
the area where the proposed housing project will be located.
3. Other regulatory incentives or concessions proposed by the developer or
the city, county, or city and county that result in identifiable and actual cost
reductions to provide for affordable housing costs, as defined in Section 50052.5
of the Health and Safety Code, or for rents for the targeted units to be set as
specified in Government Code Section 65915(c).
F. “Density bonus” means a density increase over the otherwise maximum
allowable gross residential density as of the date of application for first planning
entitlement or permit, or, if elected by the applicant, a lesser percentage of density
increase, including, but not limited to, no increase in density.
G. “Development standard” means a site or construction condition, including,
but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite
open-space requirement, or a parking ratio that applies to a residential development
pursuant to any ordinance, general plan element, specific plan, charter, or other local
condition, law, policy, resolution or regulation.
H. “Housing development” means a development project for five or more
residential units, including a mixed-use development. For purposes of this Chapter,
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“housing development” also includes a subdivision or common interest development, as
defined in Section 4100 of the Civil Code, that consists of residential units or unimproved
residential lots and either a project to substantially rehabilitate and convert an existing
commercial building to residential use or the substantial rehabilitation of an existing
multifamily dwelling, as defined in Government Code Section 65863.4, where the result
of the rehabilitation would be a net increase in available residential units.
I. “Lower income households” means lower income households as defined by
Health and Safety Code Section 50079.5.
J. “Major transit stop” shall mean a major transit stop as defined in Public
Resources Code Section 21155(b).
K. “Maximum allowable residential density” means the density allowed under
the Zoning Ordinance, Article IX of this Municipal Code (the “Zoning Ordinance”) and the
Land Use and Circulation Element (LUCE), or, if a range of density is permitted, means
the maximum allowable density for the specific zoning district, as set forth in Division 2 of
the Zoning Ordinance, and the LUCE applicable to the project. If the density allowed
under the Zoning Ordinance is inconsistent with the density allowed under the LUCE, the
density provisions of the LUCE shall prevail.
L. “Moderate-income households” means moderate-income households as
defined in Health and Safety Code Section 50053.
M. “Persons and families of moderate income” means persons and families of
moderate income as defined in Health and Safety Code Section 50093.
N. “Very low income households” means very low income households as
defined in Health and Safety Code Section 50105.
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SECTION 26. Current Santa Monica Municipal Code Section 9.22.040 is hereby
renumbered as Section 9.22.060 and amended to read as set forth in Section 28 of this
Ordinance; current Santa Monica Municipal Code Section 9.22.020 is hereby renumbered
9.22.040 and amended to read as follows:
9.22.040 Eligibility
A. Except as set forth in subsection 9.22.040(B), a housing development
project in a residential district shall be eligible for a density bonus and additional
incentives, concessions, waivers, and/or reductions of development standards and
parking ratios as set forth in this Section.
1. The City will grant one density bonus, the amount of which shall be
specified in Section 9.22.050, and, if requested by the applicant and consistent
with the applicable requirements of this Chapter, incentives and concessions, as
set forth in Section 9.22.060(A) and (B), waivers and reductions of development
standards, as set forth in 9.22.070, and parking ratios, as described in 9.22.060(C),
to the applicant of a housing development when the applicant seeks and agrees
to construct a housing development project that will, excluding any units permitted
by the density bonus awarded pursuant to this Chapter, contain at least any one
of the following:
a. Ten (10) percent of the total units of the housing development
for lower income households;
b. Five (5) percent of the total units of the housing development
for very low income households;
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c. A senior citizen housing development as defined in Section
51.3 and 51.12 of the Civil Code or a qualifying mobile home park that limits
residency based on age requirements for older persons pursuant to Section
798.76 or 799.5 of the Civil Code;
d. Ten (10) percent of the total units of a common interest
development as restricted affordable units affordable to persons and
families of moderate income, provided that all units in the development are
offered to the public for purchase subject to the equity share and restrictions
specified in Government Code Section 65915(c)(2);
e. Ten (10) percent of the total units of a housing development
for transitional foster youth, as defined by Section 66025.9 of the Education
Code, disabled veterans, as defined by Section 18541 of the Government
Code, or homeless persons, as defined in the federal McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11301 et seq.) affordable at the same
level as very low income units;
f. Twenty (20) percent of the total units for lower income
students in a student housing development that meets the requirements of
Government Code Section 65915(b)(1)(F); or
g. One hundred (100) percent of the total units, exclusive of
manager’s unit or units, for lower income households, except that up to 20
percent of the total units in the housing development may be for moderate-
income households.
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2. Land donations. An applicant for a tentative subdivision map, parcel
map, or other residential development approval that donates land to the City in
accordance with Government Code Section 65915(g) shall be eligible for a density
bonus in accordance with the terms and conditions of Government Code Section
65915(g).
3. Housing development with childcare facility. An applicant that
proposes to construct a housing development that conforms to the requirements
of subsection 1 above and that also includes a childcare facility that will be located
on the premises of, as part of, or adjacent to the project shall be eligible for a
density bonus in accordance with the terms and conditions of Government Code
Section 65915(h).
B. Notwithstanding subsection 9.22.040(A), an applicant that submits an
application for housing development, including a planning entitlement or permit, shall be
ineligible for a density bonus or any other incentive or concession under this Chapter if
the housing development is proposed on a property that includes a parcel or parcels that
contains: (i) rental dwelling units that are, or, if the dwelling units have been vacated or
demolished in the five-year period preceding the application, have been subject to a
recorded covenant, ordinance, or law that restricts rents to levels affordable to persons
or families of lower or very low income; (ii) rental units that are controlled rental units
pursuant to City Charter Section 1800 et seq., subject to Civil Code 1947.12, or subject
to any other form of State or local rent or price control; or (iii) units occupied by lower or
very low income households, unless the proposed housing development replaces those
units, and either of the following applies:
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1. The proposed housing development, inclusive of the units replaced
pursuant to this Section, contains affordable units at the percentages set forth in
Section 9.22.050(B).
2. Each unit in the proposed housing development, exclusive of
manager’s unit or units, is affordable to, and occupied by, either a lower or very
low income household.
C. For the purposes of this Section, “replace” shall mean either of the following:
1. If any dwelling units described in this Section are occupied on the
date of application, the proposed housing development shall provide at least the
same number of units of equivalent size to be made available at affordable rent or
affordable housing cost to, and occupied by, persons and families in the same or
lower income category as those households in occupancy. If the income category
of the persons in occupancy is not known, it shall be rebuttably presumed that
lower income renter households occupied these units in the same proportion of
lower income renter households to all renter households within the jurisdiction, as
determined by the most recently available data from the United States Department
of Housing and Urban Development’s Comprehensive Housing Affordability
Strategy database. For unoccupied dwelling units described in subsection (A) in a
development with occupied units, the proposed housing development shall provide
units of equivalent size to be made available at affordable rent or affordable
housing cost to, and occupied by, persons and families in the same or lower
income category in the same proportion of affordability as the occupied units. If the
income category of the persons in occupancy is not known, it shall be rebuttably
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presumed that lower income renter households occupied these units in the same
proportion of lower income renter households to all renter households within the
jurisdiction, as determined by the most recently available data from the United
States Department of Housing and Urban Development’s Comprehensive Housing
Affordability Strategy database. All replacement calculations resulting in fractional
units shall be rounded up to the next whole number. The replacement units shall
be subject to a recorded affordability restriction for at least 55 years in accordance
with subsection 9.22.050(D). If the proposed development is for-sale units, the
units replaced shall be subject to Government Code Section 65915(c)(2).
2. If all dwelling units described in subsection 9.22.040(A) have been
vacated or demolished within the five-year period preceding the application, the
proposed housing development shall provide at least the same number of units of
equivalent size as existed at the highpoint of those units in the five-year period
preceding the application to be made available at affordable rent or affordable
housing cost to, and occupied by, persons and families in the same or lower
income category as those persons and families in occupancy at that time, if known.
If the incomes of the persons and families in occupancy at the highpoint is not
known, it shall be rebuttably presumed that low-income and very low income renter
households occupied these units in the same proportion of low-income and very
low income renter households to all renter households within the jurisdiction, as
determined by the most recently available data from the United States Department
of Housing and Urban Development’s Comprehensive Housing Affordability
Strategy database. All replacement calculations resulting in fractional units shall
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be rounded up to the next whole number. The replacement units shall be subject
to a recorded affordability restriction for at least 55 years in accordance with
subsection 9.22.050(D). If the proposed development is for-sale units, the units
replaced shall be subject to Government Code Section 65915(c)(2).
3. Notwithstanding paragraphs (1) and (2), for any dwelling unit
described in subsection 9.22.040(A) that is or was, within the five-year period
preceding the application, a controlled rental unit pursuant to City Charter Section
1800 et seq., a rental unit subject to Civil Code 1947.12, or a rental unit subject to
any other form of State or local rent or price control, and that is or was occupied
by persons or families above lower income the City may require that replacement
units either:
a. Be made available at affordable rent or affordable housing
cost to, and occupied by, low-income persons or families. If the replacement
units will be rental dwelling units, these units shall be subject to a recorded
affordability restriction for at least 55 years. If the proposed development is
for-sale units, the units shall be replaced subject to Government Code
Section 65915(c)(2).
b. Be replaced in compliance with City Charter Article XIII, the
City’s Rent Control Law, provided that each unit described in this subsection
(3) is replaced. Unless otherwise required by the Rent Control Law, these
units shall not be subject to a recorded affordability restriction.
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4. For purposes of this Section, “equivalent size” means that the
replacement units contain at least the same total number of bedrooms as the units
being replaced.
D. Notwithstanding subsection 9.22.040(A), a housing development project in
any zoning district that will contain one hundred (100) percent of the total units, exclusive
of manager’s unit or units, for lower income households, except that up to 20 percent of
the total units in the housing development may be for moderate-income households, shall
be eligible for any density bonus, incentive, concession, waiver or modification to which
a housing development project described in Section 9.22.040(A)(1)(g) is entitled.
SECTION 27. Current Santa Monica Municipal Code Section 9.22.050 is hereby
renumbered as Section 9.22.070 and amended to read as set forth in Section 29 of this
Ordinance; current Santa Monica Municipal Code Section 9.22.030 is hereby renumbered
9.22.050 and amended to read as follows:
9.22.050 Density Bonus
A. An eligible applicant under Section 9.22.040 may seek a density bonus in
the amounts set forth in this Section and in accordance with the procedures set forth in
Section 9.22.080. Applicants may request a lesser percentage of density increase than
that which is available for a housing development under this Section, including, but not
limited to, no increase in density; however, the City shall not be required to similarly
reduce the number of units required to be dedicated pursuant to this Section and
Government Code Section 65915(b).
B. Determining Density Bonus. The number of density bonus units to be
granted shall be determined as follows:
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1. For housing developments that meet the criteria of Subsection
9.22.040(A)(1)(a), the density bonus shall be calculated as follows:
2. For housing developments that meet the criteria of Subsection
9.22.040(A)(1)(b), the density bonus shall be calculated as follows:
Percentage Very Low Income Units Percentage Density Bonus
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
Percentage Low-Income Units
Percentage Density
Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
17 30.5
18 32
19 33.5
20 35
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3.
a. For housing developments that meet the criteria of Section
9.22.040(A)(1)(c), the density bonus shall be 20 percent of the number of
senior housing units.
b. For housing developments that meet the criteria of Section
9.22.040(A)(1)(e), the density bonus shall be 20 percent of the number of
the type of units giving rise to a density bonus under that paragraph.
c. For housing developments that meet the criteria of Section
9.22.040(A)(1)(f), the density bonus shall be 35 percent of the student
housing units.
d. For housing developments that meet the criteria of Section
9.22.040(A)(1)(g), the following shall apply:
i. Except as otherwise provided in clause (ii), the density bonus
shall be 80% of the number of units for lower income households.
ii. If the housing development is located within one-half mile of a
major transit stop, there shall be no maximum control on density.
4. For housing developments that meet the criteria of Section 9.22.040
(A)(1)(d), the density bonus shall be calculated as follows:
Percentage Moderate-Income Units Percentage Density Bonus
10 5
11 6
12 7
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13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
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39 34
40 35
5. An applicant for a tentative subdivision map, parcel map, or other
residential development approval that donates land to the City in accordance with
Government Code Section 65915(g) shall be entitled to a density bonus as
provided by Government Code Section 65915(g).
C. Calculating Density Bonus.
1. For purposes of calculating the amount of the density bonus pursuant
to subsection 9.22.050(B), a housing development is entitled to only one density
bonus and an applicant who requests a density bonus must elect whether the
bonus shall be awarded on the basis of Section 9.22.040(A)(1)(a), (b), (c), (d), (e),
(f), or (g). Density bonuses from more than one category may not be combined.
2. All density calculations resulting in fractional units will be rounded up
to the next whole number.
3. For purposes of subsection 9.22.050(B), “total units,” “total dwelling
units,” or “total rental beds” does not include units added by a density bonus
pursuant to this Section or any provision of this Municipal Code granting a greater
density bonus
D. Continued Affordability. Prior to issuance of a building permit, an applicant
shall agree to continued affordability of restricted affordable units in accordance with
Government Code Section 65915(c) and Section 9.64.130 of this Code and the
Administrative Guidelines adopted thereto.
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SECTION 28. Current Santa Monica Municipal Code Section 9.22.060 is
renumbered as Section 9.22.080 and amended to read as set forth in Section 30 of this
Ordinance; current Santa Monica Municipal Code Section 9.22.040 is hereby renumbered
9.22.060 and amended to read as follows:
9.22.060 Incentives and Concessions for Affordable Housing
A. An eligible applicant under Section 9.22.040 may request the following
numbers of incentives or concessions in accordance with the procedures set forth in
Section 9.22.080:
1. One incentive or concession for projects that include at least 10
percent of the total units for lower income households, at least 5 percent for very
low income households, or at least 10 percent for persons and families of moderate
income in a common interest development.
2. Two incentives or concessions for projects that include at least 20
percent of the total units for lower income households, at least 10 percent for very
low income households, or at least 20 percent for persons and families of moderate
income in a common interest development.
3. Three incentives or concessions for projects that include at least 30
percent of the total units for lower income households, at least 15 percent for very
low income households, or at least 30 percent for persons and families of moderate
income in a common interest development.
4. Four incentives or concessions for projects meeting the criteria of
Section 9.22.040(A)(1)(g). If the project is located within one-half mile of a major
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transit stop, the applicant shall also receive a height increase of up to three
additional stories, or 33 feet.
B. A requested incentive or concession may include the following:
1. For Tier 1 housing developments in residential zones:
a. Up to a 15 percent deviation from one side setback
requirement;
b. Up to a 10 percent increase in first floor parcel coverage;
c. Up to a 15 percent deviation from rear setback requirements.
2. For Tier 2 housing developments in residential zones that meet the
requirements of 9.23.030(A) of this Code: one or more of the Tier 2 incentives set
forth in Table 9.08.030.
C. By Right Parking Incentives. In addition to the above, an eligible applicant
under Section 9.22.040 shall be entitled to the parking incentives set forth in Government
Code Section 65915(p).
D. Nothing in this Section limits or requires the provision of direct financial
incentives for a housing development, including the provision of publicly owned land by
the City or the waiver of fees or dedication requirements.
SECTION 29. Current Santa Monica Municipal Code Section 9.22.050 is hereby
renumbered 9.22.070 and amended to read as follows:
9.22.070 Waiver/Modification of Development Standards
A. An eligible applicant under Section 9.22.040 may in accordance with the
procedures set forth in Section 9.22.080 seek a waiver or modification of any
development standards that will have the effect of precluding the construction of a
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housing development at the densities or with the concessions or incentives permitted by
this Chapter. The eligible applicant shall show that any development standard requested
to be waived or modified will have the effect of physically precluding the construction of
the housing development at the densities or with the concessions or incentives permitted
by this Chapter.
B. Except as provided in subsection 9.22.070(C), a proposal for the waiver or
reduction of development standards pursuant to this Section shall neither reduce nor
increase the number of incentives or concessions to which the applicant is entitled
pursuant to Section 9.22.060.
C. A housing development that receives a waiver from any maximum controls
on density pursuant to paragraph 9.22.050(3)(d)(ii) shall not be eligible for, and shall not
receive, a waiver or reduction of development standards pursuant to this subdivision,
other than as expressly granted under paragraph 9.22.050(3)(d)(ii).
SECTION 30. Current Santa Monica Municipal Code Section 9.22.060 is hereby
renumbered 9.22.080 and amended to read as follows:
9.22.080 Procedures
The following procedures shall govern the processing of a request for a density bonus,
incentive, concession, waiver, modification, or revised parking standard:
A. An application for a density bonus incentive, concession, waiver, modification,
or revised parking standard pursuant to this Chapter shall be submitted with the first
application for approval of a housing development and processed concurrently with all
other applications required for the housing development. The application shall be
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submitted on a form prescribed by the City and shall include at least the following
information:
1. Site plan showing total number of units, number and location of
affordable housing units, and number and location of proposed density bonus
units;
2. Target income of affordable housing units and proposals for ensuring
affordability;
3. Description of any requested incentives, concessions, waivers or
modifications of development standards, or modified parking standards. For all
incentives and concessions that are not included within the menu of
incentives/concessions set forth in subsections (B) and (C) of Section 9.22.060,
the application shall include a pro forma providing evidence that the requested
incentives and concessions result in identifiable, financially sufficient, and actual
cost reductions. The cost of reviewing any required pro forma or other financial
data submitted as part of the application in support of a request for an
incentive/concession or waiver/modification of developments standard, including,
but not limited to, the cost to the City of hiring a consultant to review said financial
data, shall be borne by the developer. The pro forma shall include all of the
following items:
a. The actual cost reduction achieved though the incentive;
b. Evidence that the cost reduction allows the applicant to
provide affordable units or affordable sales prices; and
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c. Other information requested by the Director. The Director may
require any pro forma include information regarding capital costs, equity
investment, debt service, projected revenues, operating expenses, and
such other information as is required to evaluate the pro forma.
4. For any requested waiver of a development standard, the applicant
shall provide evidence that the development standard for which the waiver is
requested will have the effect of physically precluding the construction of the
residential project with the density bonus incentives requested;
5. If a density bonus or concession is requested for a land donation, the
application shall show the location of the land to be donated provide proof of site
control, and provide evidence that all of the requirements and each of the findings
included in Government Code Section 65915(g) can be made; and
6. If a density bonus or concession is requested for a childcare facility,
the application shall show the location and square footage of the childcare facilities
and provide evidence that all of the requirements and each of the findings included
in Government Code Section 65915(h) can be made.
B. In accordance with State law, neither the granting of a concession,
incentive, waiver, or modification nor the granting of a density bonus shall be interpreted,
in and of itself, to require a General Plan amendment, Zoning Ordinance, Variance, or
other discretionary approval.
C. For housing developments requesting an incentive or concession pursuant
to Section 9.22.060 or a waiver or modification pursuant to Section 9.22.070, the following
shall apply:
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1. The Director shall grant the concession or incentive requested by the
applicant unless the Director makes a written finding, based upon substantial
evidence, of any of the following:
a. The incentive or concession does not result in identifiable and
actual cost reductions to provide for affordable housing costs as defined in
Section 50052.5 of the Health and Safety Code, or for rents for the
affordable units; or
b. The concession or incentive will have a specific adverse
impact upon public health and safety, or on the physical environment or on
any real property that is listed in the California Register of Historic
Resources and for which there is no feasible method to satisfactorily
mitigate or avoid the specific adverse impact without rendering the
development unaffordable to low-income and moderate income
households; or
c. The concession or incentive would be contrary to State or
Federal law.
2. The Director shall grant the modification or waiver if the development
standard will have the effect of physically precluding the construction of a housing
development at the densities permitted under Section 9.22.050, or with the
concessions or incentives permitted under Section 9.22.060. Notwithstanding the
foregoing, the Director shall not be required to grant a modification or waiver if:
a. The waiver or reduction would have a specific, adverse
impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5,
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upon health, safety, or the physical environment, and for which there is no
feasible method to satisfactorily mitigate or avoid the specific adverse
impact.
b. The waiver or reduction would have an adverse impact on
real property that is listed in the California Register of Historical Resources;
c. The waiver or reduction would be contrary to state or federal
law.
SECTION 31. Santa Monica Municipal Code Section 9.28.060 is hereby amended
to read as follows:
9.28.060 Off-Street Parking
Off-street parking shall be provided in the quantities specified in Table 9.28.060, except
as otherwise provided in this Chapter and Section 9.31.025, Accessory Dwelling Units and Junior
Accessory Dwelling Units. If a proposed use is not listed in the table, the Director may determine
appropriate parking requirements.
Table 9.28.060: PARKING REGULATIONS BY USE AND LOCATION
Land Use
Classification
Citywide (Excluding
Parking Overlay Area 1,
Downtown Community
Plan Area, and Bergamot
Area Plan Area)
Parking Overlay Area 1
Downtown Community
Plan Area (maximum
parking allowed)
Residential Uses
Single-Unit Dwelling 2 spaces per dwelling unit
2 spaces per dwelling
unit, which may be
tandem
2 spaces per dwelling
unit
Accessory Dwelling Unit 1 space per dwelling unit 1 space per dwelling unit N/A
Junior Accessory
Dwelling Unit
N/A N/A N/A
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Table 9.28.060: PARKING REGULATIONS BY USE AND LOCATION
Land Use
Classification
Citywide (Excluding
Parking Overlay Area 1,
Downtown Community
Plan Area, and Bergamot
Area Plan Area)
Parking Overlay Area 1
Downtown Community
Plan Area (maximum
parking allowed)
Duplex, Multiple-Unit
Dwelling
Market Rate Units:
Guest = 1 space per 5 units
Studio, no bedrooms = 1
space per unit
1 bedroom = 1.5 space per
unit
2 or more bedrooms = 2
spaces per unit
Deed Restricted Affordable
Units:
Studio, no bedrooms = 0.5
space per unit
1 bedroom = 0.75 space
per unit
2 or more bedrooms = 1
space per unit
Market Rate Units:
Guest = 1 space per 10
units
Studio, no bedrooms = 1
space per unit
1 bedroom = 1 space per
unit
2 or more bedrooms =
1.5 spaces per unit
Deed Restricted
Affordable Units:
Studio, no bedrooms =
0.5 space per unit
1 bedroom = 0.5 space
per dwelling unit
2 or more bedrooms = 1
space per dwelling unit
Market Rate Units:
Guest = 1 space per 15
units
Studio, no bedrooms =
0.5 space per unit
1 bedroom = 0.5 space
per unit
2 or more bedrooms = 1
space per unit
Deed Restricted
Affordable Units:
Guest = 1 space per 30
units
Studio, no bedrooms =
0.25 space per unit
1 bedroom = 0.25 space
per unit
2 or more bedrooms =
0.5 space per unit
Senior Citizen Multiple-
Unit Residential
0.5 spaces per unit
Guest = 1 space per 5 units
Low and moderate income
units = 0.25 spaces per unit
0.5 spaces per unit
Guest = 1 space per 6
units
Low and moderate
income units = 0.25
spaces per unit
0.5 spaces per unit
Guest = 1 space per 6
units
Low and moderate
income units = 0.25
spaces per unit
Single-Room Occupancy
Housing See Multiple-Unit Dwelling See Multiple-Unit
Dwelling
See Multiple-Unit
Dwelling
Group Residential 0.5 space per bed 0.5 space per bed 0.5 space per bed
Congregate Housing 1 space per 5 beds 1 space per 5 beds 1 space per 5 beds
Senior Group
Residential
0.5 spaces per unit
Guest = 1 space per 5 units
Deed restricted affordable =
0.25 spaces per unit
0.5 spaces per unit
Guest = none required
Deed restricted affordable
= 0.25 spaces per unit
0.5 spaces per unit
Guest = none required
Deed restricted
affordable = 0.25 spaces
per unit
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Table 9.28.060: PARKING REGULATIONS BY USE AND LOCATION
Land Use
Classification
Citywide (Excluding
Parking Overlay Area 1,
Downtown Community
Plan Area, and Bergamot
Area Plan Area)
Parking Overlay Area 1
Downtown Community
Plan Area (maximum
parking allowed)
Elderly and Long-Term
Care
0.5 space per bed plus one
visitor space per 5 beds
0.2 space per bed 0.2 space per bed
Family Day Care
Large
None required other than
what is required for the
existing residence
None required other than
what is required for the
existing residence
None required other
than what is required for
the existing residence
Small
None required other than
what is required for the
existing residence
None required other than
what is required for the
existing residence
None required other
than what is required for
the existing residence
Residential Facilities
Residential Care,
General
If more than 6 residents =
0.5 space per bed plus 1
visitor space per 5 beds
If more than 6 residents =
0.5 space per bed plus 1
visitor space per 5 beds
If more than 6 residents
= 0.5 space per bed plus
1 visitor space per 5
beds
Residential Care,
Limited
None required other than
what is required for existing
residence
None required other than
what is required for
existing residence
None required other
than what is required for
existing residence
Residential Care, Senior
If more than 6 residents =
0.25 space per bed plus 1
visitor space per 5 beds
If less than 6 residents =
none other than what is
required for the existing
residence
If more than 6 residents =
0.25 space per bed plus 1
visitor space per 5 beds
If less than 6 residents =
none other than what is
required for the existing
residence
If more than 6 residents
= 0.25 space per bed
plus 1 visitor space per 5
beds
If less than 6 residents =
none other than what is
required for the existing
residence
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Table 9.28.060: PARKING REGULATIONS BY USE AND LOCATION
Land Use
Classification
Citywide (Excluding
Parking Overlay Area 1,
Downtown Community
Plan Area, and Bergamot
Area Plan Area)
Parking Overlay Area 1
Downtown Community
Plan Area (maximum
parking allowed)
Hospice, General
If more than 6 residents =
0.25 space per bed plus 1
visitor space per 5 beds
If less than 6 residents =
none other than what is
required for the existing
residence
If more than 6 residents =
1 space per 5 beds
If less than 6 residents =
none other than what is
required for the existing
residence
If more than 6 residents
= 1 space per 5 beds
If less than 6 residents =
none other than what is
required for the existing
residence
Hospice, Limited
None required other than
what is required for the
existing residence
None required other than
what is required for the
existing residence
None required other
than what is required for
the existing residence
Supportive Housing
If more than 6 residents =
0.5 space per bed plus 1
visitor space per 5 beds
If less than 6 residents =
none other than what is
required for the existing
residence
If more than 6 residents =
1 space per 5 beds
If less than 6 residents =
none other than what is
required for the existing
residence
If more than 6 residents
= 1 space per 5 beds
If less than 6 residents =
none other than what is
required for the existing
residence
Transitional Housing
None other than what is
required for residential type
None other than what is
required for residential
type
None other than what is
required for residential
type
Public and Semi-Public Uses
Adult Day Care
1 space per 500 sq. ft.
1 space per 500 sq. ft. 1 space per 500 sq. ft.
Child Care and Early
Education Facilities
1 space per 500 sq. ft.
1 space per 500 sq. ft. 1 space per 500 sq. ft.
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Table 9.28.060: PARKING REGULATIONS BY USE AND LOCATION
Land Use
Classification
Citywide (Excluding
Parking Overlay Area 1,
Downtown Community
Plan Area, and Bergamot
Area Plan Area)
Parking Overlay Area 1
Downtown Community
Plan Area (maximum
parking allowed)
Colleges and Trade
Schools, Public or
Private
1 space per 80 sq. ft. of
assembly or classroom
area or 1 space per every 4
fixed seats, whichever is
greater
1 space per 100 sq. ft. of
assembly or classroom
area or 1 space per every
5 fixed seats, whichever
is greater
1 space per 100 sq. ft. of
assembly or classroom
area or 1 space per
every 5 fixed seats,
whichever is greater
Community Assembly
1 space for each 4 seats
1 space for each 6 seats 1 space for each 6 seats
Cultural Facilities
1 space per 300 sq. ft.
1 space per 500 sq. ft. 1 space per 500 sq. ft.
Emergency Shelters
1 space per 10 beds
1 space per 10 beds 1 space per 10 beds
Hospitals and Clinics
1 space per 250 sq. ft.
1 space per 250 sq. ft. 1 space per 250 sq. ft.
Schools, Public or
Private
Elementary and Middle
Schools:
2 spaces per classroom
High Schools:
5 spaces per classroom
Elementary and Middle
Schools:
1.75 spaces per
classroom
High Schools:
4 spaces per classroom
Elementary and Middle
Schools:
1.75 spaces per
classroom
High Schools:
4 spaces per classroom
Social Service Centers
1 space per 300 sq. ft.
1 space per 300 sq. ft. 1 space per 300 sq. ft.
Commercial Uses
Animal Care, Sales, and Services
Grooming and Pet
Stores
See Retail Sales
See Retail Sales See Retail Sales
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Table 9.28.060: PARKING REGULATIONS BY USE AND LOCATION
Land Use
Classification
Citywide (Excluding
Parking Overlay Area 1,
Downtown Community
Plan Area, and Bergamot
Area Plan Area)
Parking Overlay Area 1
Downtown Community
Plan Area (maximum
parking allowed)
Kennel
1 space per 1,000 sq. ft.
1 space per 1,000 sq. ft. 1 space per 1,000 sq. ft.
Pet Day Care Services
1 space per 500 sq. ft.
1 space per 1,000 sq. ft. 1 space per 1,000 sq. ft.
Veterinary Services
See Medical Office
See Medical Office See Medical Office
Automobile/Vehicle Sales and Service
Alternative Fuels and
Recharging Facilities
2 spaces for self-service
station
1 space per 100 sq. ft. of
retail
2 spaces for self-service
station
1 space per 100 sq. ft. of
retail
2 spaces for self-service
station
1 space per 100 sq. ft. of
retail
Automobile Rental
1 space per 500 sq. ft.
1 space per 1,000 sq. ft. of
outdoor rental storage area
1 space per 500 sq. ft.
1 space per 1,000 sq. ft.
of outdoor rental storage
area
N/A
Automobile Storage
Uses
1 space
1 space --
Automobile/Vehicle
Sales and Leasing
1 space per 300 sq. ft. for
offices plus
1 space per 1,000 sq. ft. of
net new display area and
requirements for
automobile repair where
applicable
1 space per 300 sq. ft. for
offices plus
1 space per 1,000 sq. ft.
of net new display area
and requirements for
automobile repair where
applicable
1 space per 300 sq. ft.
for offices plus
1 space per 1,000 sq. ft.
of net new display area
and requirements for
automobile repair where
applicable
Automobile/Vehicle
Repair, Major and Minor
1 space per 500 sq. ft. of
non-service bay floor area
2 spaces per service bay
1 space per 500 sq. ft. of
non-service bay floor
area
2 spaces per service bay
1 space per 500 sq. ft. of
non-service bay floor
area
2 spaces per service bay
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Table 9.28.060: PARKING REGULATIONS BY USE AND LOCATION
Land Use
Classification
Citywide (Excluding
Parking Overlay Area 1,
Downtown Community
Plan Area, and Bergamot
Area Plan Area)
Parking Overlay Area 1
Downtown Community
Plan Area (maximum
parking allowed)
Automobile/Vehicle
Washing
2 spaces for each washing
stall, not including the stall
2 spaces for each
washing stall, not
including the stall
2 spaces for each
washing stall, not
including the stall
Service Station
2 spaces if self-service
station
1 space per 100 sq. ft. of
retail
Must follow requirements
for repair where applicable
2 spaces if self-service
station
1 space per 100 sq. ft. of
retail
Must follow requirements
for repair where
applicable
2 spaces if self-service
station
1 space per 100 sq. ft. of
retail
Must follow
requirements for repair
where applicable
Banks and Financial Institutions
Banks and Credit Unions
See Business,
Professional, and Creative
Office
See Business,
Professional, and
Creative Office
1 space per 300 sq. ft.
Check Cashing
Businesses
See Business,
Professional, and Creative
Office
See Business,
Professional, and
Creative Office
N/A
Business Services
See Business,
Professional, and Creative
Office
See Business,
Professional, and
Creative Office
See Business,
Professional, and
Creative Office
Commercial Entertainment and Recreation
Cinemas
1 space per 4 seats
1 space per 4 seats
Up to 99 seats = 1
space for every 8 fixed
seats
> 99 seats = 1 space for
every 5 fixed seats
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Table 9.28.060: PARKING REGULATIONS BY USE AND LOCATION
Land Use
Classification
Citywide (Excluding
Parking Overlay Area 1,
Downtown Community
Plan Area, and Bergamot
Area Plan Area)
Parking Overlay Area 1
Downtown Community
Plan Area (maximum
parking allowed)
Theaters
1 space per 4 seats
1 space per 4 seats See Cinemas
Convention and
Conference Centers
1 space per 80 sq. ft.
1 space per 100 sq. ft. 1 space per 100 sq. ft.
Large-Scale Facilities
1 space per 80 sq. ft.
1 space per 100 sq. ft. 1 space per 100 sq. ft.
Small-Scale Facilities,
less than 1,500 sq. ft.
1 space per 300 sq. ft.
1 space per 300 sq. ft. 1 space per 500 sq. ft.
Small-Scale Facilities,
1,500 sq. ft. and more
1 space per 80 sq. ft.
1 space per 100 sq. ft. 1 space per 500 sq. ft.
Instructional Services
See Retail Sales
See Retail Sales See Retail Sales
Eating and Drinking Establishments
Bars/Nightclubs/
Lounges
1 space per 50 sq. ft.
1 space per 50 sq. ft. 1 space per 500 sq. ft.
Restaurants, less
than 2,500 sq. ft.
1 space per 300 sq. ft.
1 space per 500 sq. ft. 1 space per 500 sq. ft.
Restaurants, 2,500 –
5,000 sq. ft.
1 space per 200 sq. ft.
1 space per 200 sq. ft. 1 space per 500 sq. ft.
Restaurants, 5,000+
sq. ft.
1 space per 125 sq. ft.
1 space per 125 sq. ft. 1 space per 300 sq. ft.
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Table 9.28.060: PARKING REGULATIONS BY USE AND LOCATION
Land Use
Classification
Citywide (Excluding
Parking Overlay Area 1,
Downtown Community
Plan Area, and Bergamot
Area Plan Area)
Parking Overlay Area 1
Downtown Community
Plan Area (maximum
parking allowed)
Restaurant Outdoor
Eating Areas, less
than 200 sq. ft.
None None None
Restaurant Outdoor
Eating Areas, 200
sq. ft. and more
Same as required for
restaurant type
Same as required for
restaurant type
Outdoor eating areas
less than 500 sq. ft. = no
additional parking.
Outdoor eating areas
500 sq. ft. and more =
same as required for
restaurant type.
Equipment Rental
See Retail Sales
See Retail Sales See Retail Sales
Food and Beverage Sales
Convenience Market
See Retail Sales
See Retail Sales See General Market
General Market, less
than 2,500 sq. ft.
1 space per 300 sq. ft.
1 space per 500 sq. ft. 1 space per 500 sq. ft.
General Market,
2,500 – 5,000 sq. ft.
1 space per 250 sq. ft.
1 space per 300 sq. ft. 1 space per 500 sq. ft.
General Market,
5,000+ sq. ft.
1 space per 250 sq. ft.
1 space per 300 sq. ft. 1 space per 300 sq. ft.
Liquor Stores
See Retail Sales
See Retail Sales See General Market
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Table 9.28.060: PARKING REGULATIONS BY USE AND LOCATION
Land Use
Classification
Citywide (Excluding
Parking Overlay Area 1,
Downtown Community
Plan Area, and Bergamot
Area Plan Area)
Parking Overlay Area 1
Downtown Community
Plan Area (maximum
parking allowed)
Funeral Parlors and
Mortuaries
1 space per 80 sq. ft. or 1
space per 4 seats,
whichever is higher
1 space per 100 sq. ft. or
1 space per 6 seats,
whichever is higher
1 space per 100 sq. ft. or
1 space per 6 seats,
whichever is higher
Live-Work
1 space per unit plus
1 guest space per unit
1 space per unit plus
1 guest space per unit 1 space per 500 sq. ft.
Lodging
Bed and Breakfast
1 space per room plus
parking required for
dwelling unit
1 space per room 1 space per room
Hotels and Motels
1 space per room plus 1
space per 200 sq. ft. of
meeting and banquet
space
0.75 spaces per room
plus 1 space per 250 sq.
ft. of meeting and
banquet space
0.5 spaces per guest
room plus 1 space for
each 250 sq. ft. used for
meetings and banquets.
Other uses such as
bars, restaurants, retail
and services which are
open to the general
public shall provide
parking as required for
the use at a rate 1/2 the
individual use
Maintenance and
Repair Services
See Retail Sales
See Retail Sales See Retail sales
Nurseries and
Garden Centers
Interior spaces see Retail
Sales, plus
1 space per 1,000 sq. ft. of
outdoor display and
storage area
Interior space see Retail
Sales, plus
1 space per 1,000 sq. ft.
of outdoor display and
storage area
Interior space see Retail
Sales, plus
1 space per 1,000 sq. ft.
of outdoor display and
storage area
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Table 9.28.060: PARKING REGULATIONS BY USE AND LOCATION
Land Use
Classification
Citywide (Excluding
Parking Overlay Area 1,
Downtown Community
Plan Area, and Bergamot
Area Plan Area)
Parking Overlay Area 1
Downtown Community
Plan Area (maximum
parking allowed)
Offices
Business,
Professional,
Creative, less than
2,500 sq. ft.
1 space per 300 sq. ft.
1 space per 500 sq. ft. 1 space per 500 sq. ft
Business,
Professional,
Creative, 2,500+ sq.
ft.
1 space per 300 sq. ft.
1 space per 450 sq. ft. 1 space per 500 sq. ft
Medical and Dental,
less than 1,000 sq.
ft.
1 space per 300 sq. ft.
1 space per 300 sq. ft. 1 space per 300 sq. ft
Medical and Dental,
1,000+ sq. ft.
1 space per 250 sq. ft.
1 space per 250 sq. ft. 1 space per 300 sq. ft
Walk-In Clientele
See Business,
Professional, and Creative
Office
See Business,
Professional, and
Creative Office
See Business,
Professional, and
Creative Office
Personal Services
General Personal
Services
See Retail Sales
See Retail Sales See Retail Sales
Tattoo or Body
Modification Parlor
See Retail Sales
See Retail Sales See Retail Sales
Physical Training
See Retail Sales
See Retail Sales See Retail Sales
Retail Sales
Retail, less than
2,500 sq. ft.
1 space per 300 sq. ft.
1 space per 500 sq. ft. 1 space per 500 sq. ft.
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Table 9.28.060: PARKING REGULATIONS BY USE AND LOCATION
Land Use
Classification
Citywide (Excluding
Parking Overlay Area 1,
Downtown Community
Plan Area, and Bergamot
Area Plan Area)
Parking Overlay Area 1
Downtown Community
Plan Area (maximum
parking allowed)
Retail, 2,500 – 5,000
sq. ft.
1 space per 300 sq. ft.
1 space per 300 sq. ft. 1 space per 500 sq. ft.
Retail, 5,000 sq. ft.
or more
1 space per 300 sq. ft.
1 space per 300 sq. ft. 1 space per 300 sq. ft.
Industrial Uses
Artist’s Studio
1 space per 400 sq. ft.
1 space per 400 sq. ft. 1 space per 1,000 sq. ft.
Commercial Kitchens
1 space per 300 sq. ft.
1 space per 300 sq. ft. 1 space per 300 sq. ft.
Industry, General
1 space per 400 sq. ft.
1 space per 400 sq. ft. N/A
Industry, Limited
1 space per 400 sq. ft.
1 space per 1,000 sq. ft. N/A
Media Production
1 space per 400 sq. ft. of
studio space
1 space per 300 sq. ft. of
editing space
1 space per 300 sq. ft. of
administrative space
1 space per 400 sq. ft. 1 space per 500 sq. ft.
Research and
Development
1 space per 300 sq. ft.
1 space per 1,000 sq. ft. N/A
Warehousing, Storage, and Distribution
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Table 9.28.060: PARKING REGULATIONS BY USE AND LOCATION
Land Use
Classification
Citywide (Excluding
Parking Overlay Area 1,
Downtown Community
Plan Area, and Bergamot
Area Plan Area)
Parking Overlay Area 1
Downtown Community
Plan Area (maximum
parking allowed)
Indoor Warehousing
and Storage
1 space per 1,000 sq. ft.
1 space per 1,000 sq. ft. N/A
Personal Storage
1 space per 4,000 sq. ft.
1 space per 4,000 sq. ft. N/A
Wholesaling and
Distribution
1 space per 1,000 sq. ft.
1 space per 1,000 sq. ft. N/A
SECTION 32. Santa Monica Municipal Code Section 9.31.300 is hereby
renumbered 9.31.025 and amended to read as follows:
9.31.025 Accessory Dwelling Units and Junior Accessory Dwelling Units
Notwithstanding the accessory structure standards of Section 9.21.020, accessory
dwelling units and junior accessory dwelling units shall be developed, located, and
operated in accordance with the following standards.
A. Purpose. The purpose of this section is to allow and regulate accessory
dwelling units and junior accessory dwelling units in compliance with California
Government Code sections 65852.2 and 65852.22 and, in doing so, to increase the
supply of affordable housing in the City. This section shall not be considered in the
application of any City ordinance, policy, or program to limit residential growth.
B. Accessory Dwelling Unit. Accessory dwelling unit (ADU) means an
attached or detached residential dwelling unit that provides complete independent living
facilities for one or more persons and that is located on a parcel with a proposed or
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existing primary single-unit or multi-unit dwelling. An ADU shall contain a kitchen and full
bathroom separate from the primary dwelling(s) and accessible only to the inhabitants of
the ADU. An ADU shall not have interior access to an existing or proposed single-unit
dwelling or unit within a multiple-unit dwelling and shall have exterior access that is
independent of that for any single-unit dwelling or unit within a multiple-unit dwelling. An
ADU may also be: (1) an efficiency unit, as defined in Section 17958.1(b) of the Health
and Safety Code; or (2) a manufactured home, as defined in Section 18007 of the Health
and Safety Code. An ADU shall include permanent provisions for living, sleeping, eating,
cooking, and sanitation on the same parcel as the primary single-unit or multiple-unit
dwelling is or will be situated.
C. Junior Accessory Dwelling Unit. Junior accessory dwelling unit (JADU)
means a dwelling unit that is no more than 500 square feet in size and is contained entirely
within an existing or proposed single-unit dwelling. A JADU shall include a separate
entrance from the main entrance to the proposed or existing single-unit dwelling, but may
also provide internal access, and shall include an efficiency kitchen, which shall include
(1) a cooking facility with appliances and (2) a food preparation counter and storage
cabinets that are of reasonable size in relation to the size of the JADU. A JADU may
include separate sanitation facilities or may share sanitation facilities with the existing
structure. For purposes of providing service for water, sewer, or power, or for fire or life
protection, a JADU shall not be considered a separate or new dwelling unit.
D. ADU and JADU Uses Permitted By Right. An ADU or JADU that conforms
to all standards of this Section shall be permitted by right, shall be deemed to be
consistent with the City’s general plan and zoning designation for the parcel on which the
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ADU or JADU is located, and shall be deemed to meet the allowable density for the parcel
on which the ADU or JADU is located.
E. Procedures. If an ADU or JADU complies with the requirements of this
Chapter, development is by right and only a building permit is required. Correction of
nonconforming zoning conditions will not be required as a condition of approval, except
that the City is not prohibited from enforcing compliance with applicable building
standards in accordance with Health and Safety Code Section 17980.12. An application
to create an ADU or JADU submitted with a permit application to create a new dwelling
on the parcel shall be acted upon when or before the application for the new dwelling is
acted upon. An application to establish or construct an ADU or JADU on a parcel that
contains an existing single-unit or multiple-unit dwelling shall be deemed complete if not
acted on within 60 days from the date that the application is complete, except that the
applicant may request a delay and the 60-day time period shall be tolled for the period of
the delay.
F. Establishment of ADUs and JADUs. An ADU or JADU that meets the
requirements of this Section may be established on any legal parcel that is zoned to allow
for single-unit or multiple-unit dwelling residential use and on which a primary single-unit
dwelling or multiple-unit dwelling has been previously established or is proposed to be
established in conjunction with construction of the ADU or JADU. Except as set forth in
subsection (G) below, no more than one ADU and one JADU is permitted per parcel.
G. Permitted ADUs and JADUs. Subject to the requirements set forth in this
Section, the following ADUs and JADUs shall be permitted as follows:
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1. Parcel with Single-Unit Dwelling. One ADU or one JADU may be
constructed or established on any parcel on which a single-unit dwelling has been
previously established or is proposed to be constructed, except that one detached
ADU permitted under subsection (b) below and one JADU permitted under
subsection (c) below may be established or constructed and located on the same
parcel.
a. Attached ADUs. One attached ADU may be established or
constructed in conjunction with an existing or proposed single-unit dwelling
as follows:
i. An attached ADU may be newly constructed as an addition to
an existing single-unit dwelling;
ii. An attached ADU may be established within the footprint of a
proposed single-unit dwelling; or
iii. An attached ADU may be established by converting floor area
of an existing single-unit dwelling.
b. Detached ADU. One detached ADU may be constructed or
established in conjunction with an existing or proposed single-unit dwelling
as follows:
i. A detached ADU may be newly constructed; or
ii. A detached ADU may be established by converting floor area
of a legal existing detached accessory structure.
c. JADU. One JADU may be constructed or established in
conjunction with an existing or proposed single-unit dwelling as follows:
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i. A JADU may be established within the footprint of a proposed
single-unit dwelling; or
ii. A JADU may be established by converting floor area of an
existing single-unit dwelling.
2. Parcel with Existing Multiple-Unit Dwellings. One or more ADUs
may be permitted on a parcel with an existing multiple-unit dwelling as set forth in
this subsection. ADUs permitted under paragraphs (a) and (b) below may be
located on the same parcel.
a. Conversion of Existing Multiple-Unit Dwelling Footprint
to ADU(s). At least one ADU, or up to 25 percent of the existing multiple-
unit dwelling total unit count, whichever is greater, may be established or
constructed by converting floor area within an existing multiple-unit
dwelling.
b. Detached ADUs on Multiple-Unit Parcel. No more than two
detached ADUs may be established or constructed.
H. Permitted Locations for Newly Constructed ADUs and JADUs. Newly-
constructed ADUs and JADUs shall be located on a parcel as set forth in this subsection
and subject to all applicable setback requirements set forth in subsection (L) below.
1. Parcels with Single-Unit Dwellings.
a. An attached ADU or JADU may be located either in the front
or rear half of the parcel.
b. A detached ADU shall be located on the rear half of a parcel.
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c. A detached ADU shall be located a minimum of six feet from
the existing single-unit dwelling, as measured between exterior walls.
d. On a reverse corner parcel, an ADU or JADU shall not be
located nearer to the street side parcel line of such corner parcel than one
half of the front setback depth required on the key parcel, nor be located
nearer than 4 feet to the side parcel line of any key parcel.
e. On a through parcel, an ADU or JADU shall not project into
any front setback except as provided under subsection (K) below. Pursuant
to Section 9.04.110(B), the front setback borders the street primarily used
as frontage by the majority of neighboring parcels.
2. Parcels with Multiple-Unit Dwellings.
a. A detached ADU may be located either in the front or rear half
of the parcel, but shall be a minimum of six (6) feet from existing multiple-
unit dwelling(s), as measured between exterior walls.
b. On a reverse corner parcel, an ADU or JADU shall not be
located nearer to the street side parcel line of such corner parcel than one
half of the front setback depth required on the key parcel, nor be located
nearer than 4 feet to the side parcel line of any key parcel.
c. On a through parcel, an ADU or JADU shall not project into
any front setback except as provided under subsection (L) below. Pursuant
to Section 9.04.110(B), the front setback borders the street primarily used
as frontage by the majority of neighboring parcels.
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I. Standards for ADUs and JADUs Established by Converting Floor Area
of Legal Existing Structures. ADUs and JADUs established by converting floor area of
legal existing structures shall adhere to the following standards set forth in this subsection
and subject to all applicable setback requirements set forth in subsection (L) below.
1. Parcel with Single-Unit Dwelling.
a. Attached ADU.
i. An ADU that is established by converting floor area of an
existing single-unit dwelling that is located in the front setback may only
expand the footprint of the single-unit dwelling up to 150 square feet into
the front setback to accommodate ingress and egress. An ADU that is
established by converting floor area of an existing single-unit dwelling
that is not located within the front setback may expand the footprint
beyond 150 square feet up to the total size permitted under subsection
(J) below.
b. Detached ADU.
i. An ADU may be established by converting floor area within a
legal existing accessory structure or by reconstructing the ADU in the
same location and to the same dimensions as the original structure.
ii. An ADU that is established by converting floor area of a legal
existing accessory structure may expand the footprint of the existing
accessory structure if the addition or enlargement is made to conform to
all standards set forth in this Section and is a minimum of six feet from
the existing single-unit dwelling, as measured between exterior walls.
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iii. An ADU that is established by converting floor area of a legal
existing accessory structures located in the front setback may only
expand the footprint up to 150 square feet into the front setback to
accommodate ingress and egress.
c. JADU.
i. A JADU that is constructed or established by converting floor
area of an existing single-unit dwelling may only expand the footprint up
to 150 square feet to accommodate ingress and egress, but in no case
shall such expansion result in a JADU that exceeds 500 square feet.
2. Parcel with Multiple-Unit Dwelling.
a. Conversion of Existing Multiple-Unit Dwelling Footprint
to ADU(s). At least one ADU, or up to 25 percent of the existing multiple-
unit dwelling total unit count, whichever is greater, may be established
within portions of existing multiple-unit dwellings that are not used as livable
space and are enclosed on at least three sides, such as storage rooms,
boiler rooms, passageways, attics, basements, or garages, if each
converted ADU complies with state building standards for dwellings. No
additions to or enlargements of the footprint of the existing multiple unit
dwelling shall be permitted to establish or construct ADUs in accordance
with this paragraph.
J. Size. The following unit size limits apply to ADUs and JADUs:
1. The minimum size of an ADU or JADU is 220 square feet of floor
area.
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2. The maximum size of a detached or attached studio or one-bedroom
ADU is 850 square feet of floor area.
3. The maximum size of a detached or attached ADU with more than
one-bedroom is:
a. 1,000 square feet of floor area for parcels of less than 10,000
square feet; and
b. 1,200 square feet for parcels of 10,000 square feet or greater.
4. The floor area of an attached ADU shall not exceed 50 percent of the
floor area of the primary dwelling.
5. The maximum size of a JADU is 500 square feet of floor area.
K. ADUs and JADUs Exempt from Floor Area and Parcel Coverage.
1. Floor area does not include ADUs and JADUs established in
accordance with this Section. See Section 9.04.080, Determining Floor Area.
2. Areas covered by or directly below ADUs and JADUs established in
accordance with this Section shall be excluded from the footprint area for purposes
of determining parcel coverage. See Section 9.04.100, Determining Residential
Parcel Coverage.
L. Setbacks. An ADU or JADU shall adhere to the following setback
requirements:
1. An ADU or JADU shall not be permitted within the front setback,
however, when converting floor area within an existing single-unit dwelling or a
legal accessory structure located in the front setback, an ADU or JADU may
expand the footprint of said structure up to 150 square feet to only accommodate
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ingress and egress as set forth in subsections (I)(1)(a)(i), (I)(1)(b)(iii), and (I)(1)(c)
above.
2. Side and rear setbacks of four (4) feet are required for an ADU or
JADU, except that:
a. An ADU or JADU constructed or established pursuant to
paragraph (G)(1)(a)(ii), (G)(1)(a)(iii), (G)(1)(b)(ii), or (G)(1)(c) above shall be
subject to side and rear setbacks only as required for fire and safety if the
ADU or JADU meets the following requirements:
i. The ADU or JADU is within the proposed space of a
single-unit dwelling or existing space of a single-unit dwelling or
accessory structure and may include an expansion of not more than
150 square feet beyond the same physical dimensions as the
existing accessory structure for purposes of accommodating ingress
and egress;
ii. The space has exterior access from the proposed or
existing single-family dwelling; and
iii. The JADU complies with the requirements of
Government Code Section 65852.22.
b. No side or rear setback shall be required for an ADU or JADU
constructed or established pursuant to paragraph (G)(1)(b)(ii) above.
c. An ADU or JADU may have a side and/or rear setback
equivalent to the primary dwelling(s) if the primary dwelling(s) are permitted
to have a side and/or rear setback of less than four (4) feet.
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M. Height. An attached ADU or JADU shall comply with the height limitations
for the primary dwelling unit to which it is attached. A detached ADU shall not exceed two
stories or 24 feet in height.
N. Design Standards and Exterior Features. The exterior design of an ADU
or JADU, including building forms, materials, colors, exterior finishes, and landscaping,
shall be compatible in size, location, and appearance with the primary single-unit dwelling
or multiple-unit dwelling on the parcel and shall adhere to the following:
1. ADUs and JADUs are required to have independent exterior access
separate from the primary dwelling unit(s).
2. Within the R1 District, an attached ADU or JADU located entirely or
partially on the second story of a single-unit dwelling shall comply with all
applicable stepback requirements set forth in 9.07.030.
3. Upper-story outdoor spaces for attached ADUs and JADUs, such as
first-story roof decks, landings, upper level walkways, and balconies, shall conform
to all standards set forth for the primary dwelling unit(s).
4. Upper-story outdoor spaces for detached ADUs, such as first-story
roof decks, landings, upper level walkways, and balconies, shall not exceed an
aggregate 35 square feet when located in the Single-Unit Residential (R1) District
or 60 square feet per ADU in all other districts, and shall adhere to the following
restrictions:
i. Upper-story outdoor spaces shall not be located on the side
elevation closest to a side parcel line, unless that side parcel line is adjacent
to a public right-of-way or alley;
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ii. Upper-story outdoor spaces shall not be located on the rear
elevation unless the ADU is located outside the rear setback area of the
primary dwelling unit(s);
iii. When located on a permitted elevation, upper-story outdoor
spaces shall be set back from the side parcel line the same distance as the
minimum side setback requirement for the principal dwelling unit(s) on the
parcel and shall be a minimum 5’ from the rear parcel line.
iv. Roof decks above the second story are prohibited.
O. Application of Generally Applicable Municipal Code Provisions.
Except as set forth in this Section, an ADU or JADU shall conform to the height, setbacks,
parcel coverage, floor area, and other land use regulations and development standards
of the district in which it is located and all other applicable provisions of this Municipal
Code, including but not limited to the provisions of Article VIII, Building Regulations, and
the provisions of Chapter 9.56, Landmarks and Historic Districts.
P. Exemption. Notwithstanding anything set forth herein, the development
and design standards set forth in this Section shall not preclude the establishment of a
detached or attached ADU with a floor area of up to 800 square feet, side and rear
setbacks of at least four (4) feet, and a height of no more than 16 feet.
Q. Parking.
1. Required Parking. One on-site parking space, which may be
unenclosed, shall be provided for an ADU. This space shall comply with all
development standards set forth in Chapter 9.28, Parking, Loading, and
Circulation, and the requirements for the district in which the ADU is located. A
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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. Parking
shall not be required for a JADU.
2. Exemptions. Notwithstanding any other parking required by this
Section or Chapter 9.28 of this Article, no parking space shall be required for an
ADU in any of the following circumstances:
a. The ADU is located within one-half mile walking distance of
public transit, as defined by Government Code Section 65852.2(j)(10);
b. The ADU is an individually designated historic resource or is
located within an architecturally and historically significant historic district;
c. The ADU is part of the existing or a proposed primary
residence or an existing accessory structure;
d. An on-street parking permit is required but not offered to the
occupant of the ADU; or
e. A car share vehicle is located within one block of the ADU.
3. No Replacement. When a garage, carport, or covered parking
structure is demolished in conjunction with the construction of an ADU or converted
to an ADU, the eliminated off-street parking spaces are not required to be replaced.
R. Owner-Occupancy Requirement.
1. An ADU is not subject to an owner-occupancy requirement.
2. A JADU is subject to an owner-occupancy requirement, except that
a JADU that is owned by a governmental agency, land trust, or housing
organization is not subject to this requirement. With respect to a JADU that is
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subject to an owner-occupancy requirement, a natural person with legal or
equitable title to the property that includes the JADU must reside on the property
as the person’s legal domicile and permanent residence.
S. Lease Terms. An ADU or JADU shall be subject to any restrictions or
requirements for lease terms that apply to all residential dwelling units in the City. In
addition, an ADU or JADU shall not be used for rentals of terms of 30 days or less.
T. Limitations on Separate Sale. No ADU or JADU may be sold or otherwise
conveyed separately from the parcel and the primary dwelling (in the case of a single-unit
dwelling) or from the parcel and all of the dwellings (in the case of a multiple-unit dwelling).
U. JADU Deed Restriction. Prior to issuance of a building permit for a JADU,
a deed restriction must be recorded against the title of the property in the County
Recorder’s office and a copy filed with the Director. The deed restriction shall run with
the land and bind all future owners. The form of the deed restriction shall be provided by
the Director and shall provide that:
1. The JADU may not be sold separately from the primary dwelling
associated with the ADU or JADU.
2. The JADU is restricted to the approved size and to other attributes
allowed by this section.
3. The deed restriction runs with the land and may be enforced against
future property owners.
4. The deed restriction may be removed if the owner eliminates the
JADU, as evidenced by, for example, removal of the kitchen facilities. To remove
the deed restriction, an owner may make a written request of the Director,
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providing evidence that the JADU has in fact been eliminated. Any building permits
required in the removal must be approved by the Director’s determination. The
Director may then determine whether the evidence supports the claim that the
JADU has been eliminated. Appeal may be taken from the Director’s
determination consistent with other provisions of this Code. If the JADU is not
entirely physically removed but is only eliminated by virtue of having a necessary
component of a JADU removed, the remaining structure and improvements must
otherwise comply with applicable provisions of this Code.
5. The deed restriction is enforceable by the City. Failure of the property
owner to comply with the deed restriction may result in legal action against the
property owner, and the City is authorized to obtain any remedy available to it at
law or equity, including, but not limited to, obtaining an injunction enjoining the use
of the JADU in violation of the recorded restrictions or abatement of the illegal unit.
SECTION 33. Santa Monica Municipal Code Section 9.31.140 is hereby amended
to read as follows:
9.31.140 Family Day Care, Large
The purpose of these standards is, consistent with Sections 1596.70-1596.7996
of the Health and Safety Code, to allow Large Family Day Cares in residential
surroundings to give children a home environment that is conducive to healthy and safe
development. The following standards shall apply to Large Family Day Cares.
A. Structures. A Large Family Day Care shall conform to all property
development standards of the Zoning District in which it is located unless otherwise
provided in this Section.
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B. Noise. The operation of a Large Family Day Care shall comply with noise
standards contained in Chapter 4.12, Noise, of the Municipal Code. Noise from the
operation of any Large Family Day Care may not exceed that which is customary in
residential neighborhoods during daytime hours. Prolonged and abnormally loud noises
shall not be considered customary, while the periodic sounds of small groups of children
at play shall be considered customary in residential neighborhoods from 8:00 a.m. until
9:00 p.m.
C. Hours of Operation. Large Family Day Cares shall not be limited in hours
or days of operation.
D. On-Site Parking. On-site parking for Large Family Day Cares shall not be
required except for that required for the residential building in accordance with Chapter
9.28, Parking, Loading, and Circulation.
E. Passenger Loading. Curbside loading shall be presumed adequate for
drop-off and pick-up of children. A passenger loading plan shall be required in accordance
with Section 9.28.080(C) subject to the approval of the Director.
F. Lighting. Lighting must conform to Section 9.21.080, Lighting. In addition,
passenger loading areas may be illuminated. If a passenger loading area is illuminated,
the lighting shall be directed away from adjacent properties and of an intensity compatible
with the residential neighborhood.
G. Screening of Outdoor Play Areas. Fences shall comply with Section
9.21.050, Fences, Walls, and Hedges.
H. Residency. The operator of a Large Family Day Care must be a full-time
resident of the dwelling unit in which the day care is located.
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I. State and Other Licensing. All Large Family Day Cares shall be State
licensed and operated according to all applicable State and local regulations.
SECTION 34. Santa Monica Municipal Code Section 9.51.020 is hereby amended
to read as follows:
9.51.020 Residential Use Classifications
A. Residential Use Classifications
1. Residential Types
a. Single-Unit Dwelling. A dwelling unit that is designed for
occupancy by one household, located on a single parcel that does not
contain any other dwelling unit (except an accessory dwelling unit, where
permitted), and not attached to another dwelling unit on an abutting parcel.
This classification includes individual manufactured housing units installed
on a foundation system pursuant to Section 18551 of the California Health
and Safety Code.
b. Accessory Dwelling Unit. An attached or detached residential
dwelling unit that provides complete independent living facilities for one or
more persons and that is located on a parcel with a proposed or existing
primary single-unit or multiple-unit dwelling. See Division 3, Section
9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units,
for further details.
c. Duplex. A single building that contains 2 dwelling units or 2
single unit dwellings on a single parcel. This use is distinguished from
accessory dwelling units and junior accessory dwelling units, which are
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accessory residential units as defined by State law and Division 3, Section
9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units.
d. Multiple-Unit Dwelling. Two or more dwelling units within a
single building or within two or more buildings on a site or parcel. Types of
multiple-unit dwellings include garden apartments, senior housing
developments, and multi-story apartment and condominium buildings. This
classification includes transitional housing in a multiple-unit format. The
classification is distinguished from group residential facilities.
i. Senior Citizen Multiple-Unit Residential. A multiple-unit
development in which occupancy of individual units is restricted to one
or more persons 62 years of age or older, or a person at least 55 years
of age who meets the qualifications found in Civil Code Section 51.3.
ii. Single-Room Occupancy Housing. Multiple-unit residential
buildings containing housing units that may have kitchen and/or
bathroom facilities and are guest rooms or efficiency units as defined by
the State Health and Safety Code. Each housing unit is occupied by no
more than two persons and is offered on a monthly rental basis or
longer. See Division 3, Section 9.31.330, Single Room Occupancy
Structures, for further details.
iii. Single-Room Occupancy Housing, Market-Rate. Multiple-unit
residential buildings containing housing units that may have kitchen
and/or bathroom facilities and are guest rooms or efficiency units as
defined by the State Health and Safety Code. Each housing unit is
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occupied by no more than two persons and is offered on a monthly rental
basis or longer. Single-Room Occupancy Housing, Market-Rate shall
not include any of the following:
1. 100% Affordable Housing Project, as set forth in Section
9.52.020.0050;
2. Elderly and Long-Term Care, as set forth in subsection (A)(3);
3. Emergency Shelter, as set forth in subsection (A)(4);
4. Residential Facility, as set forth in subsection (A)(7);
5. Supportive Housing, as set forth in subsection (A)(8); or
6. Transitional Housing, as set forth in subsection (A)(9).
e. Group Residential. Shared living quarters without a separate
kitchen or bathroom facilities wherein two or more rooms are rented to
individuals under separate rental agreements or leases, either written or
oral, whether or not an owner, agent or rental manager is in residence,
offered for rent for permanent or semi-transient residents for periods
generally of at least 30 days. This classification includes rooming and
boarding houses, dormitories, fraternities, convents, monasteries, and other
types of organizational housing, and private residential clubs, but excludes
extended stay hotels intended for long-term occupancy (30 days or more;
see Hotel and Motel), and Residential Facilities. Group Residential includes
but is not limited to the following:
i. Congregate Housing. A residential facility with shared kitchen
facilities, deed-restricted or restricted by an agreement approved by
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the City for occupancy by low- or moderate-income households,
designed for occupancy for periods of 6 months or longer, providing
services that may include meals, housekeeping and personal care
assistance as well as common areas for residents of the facility. See
Division 3, Section 9.31.110, Congregate and Transitional Housing,
for further details.
ii. Senior Group Residential. A residential facility that provides
residence for a group of senior citizens [as defined in Health and
Safety Code Section 1569.2(k)] with a central kitchen and dining
facilities and a separate bedroom or private living quarters. See
Division 3, Section 9.31.310, Senior Group Residential, for further
details.
f. Junior Accessory Dwelling Unit. A dwelling unit that is no more
than 500 square feet in size and is contained entirely within an existing or
proposed single-unit dwelling. See Division 3, Section 9.31.025, Accessory
Dwelling Units and Junior Accessory Dwelling Units, for further details.
2. Corporate Housing. Rental housing which has all the following
attributes:
a. The housing is designed for use by individuals who will reside
on the property for a minimum stay of at least 30 consecutive days, but who
otherwise intend their occupancy to be temporary.
b. The housing is intended for use by persons who will maintain
or obtain a permanent place of residence elsewhere.
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c. The housing includes 2 or more of the following amenities:
i. Maid and linen service.
ii. Health club, spa, pool, tennis courts, or memberships to area
facilities.
iii. Business service centers.
iv. Meeting rooms.
v. Fully furnished units including a combination of some but not
necessarily all of the following: furniture, appliances, housewares,
bed linens, towels, artwork, televisions, entertainment systems, and
computer equipment.
vi. Valet parking.
3. Elderly and Long-Term Care. Establishments that provide 24-hour
medical, convalescent or chronic care to individuals who, by reason of advanced
age, chronic illness or infirmity, are unable to care for themselves, and is licensed
as a skilled nursing facility by the State of California, including, but not limited to,
rest homes, nursing homes, and convalescent hospitals, but not Residential Care,
Hospitals or Clinics.
4. Emergency Shelter. A temporary, short-term residence providing
housing with minimal supportive services for homeless families or individual
persons where occupancy is limited to 6 months or less, as defined in Section
50801 of the California Health and Safety Code. Medical assistance, counseling,
and meals may be provided. See Division 3, Section 9.31.130, Emergency
Shelters, for further details.
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5. Family Day Care. A day-care facility licensed by the State of
California that is located in a dwelling unit where a resident of the dwelling provides
care and supervision for children under the age of 18 for periods of less than 24
hours a day.
a. Small. A facility that provides care for up to 6 children
including children who reside at the home and are under the age of 10, or
up to 8 children in accordance with Health and Safety Code Section
1597.44, or any successor thereto.
b. Large. A facility that provides care for up to 12 children,
including children who reside at the home and are under the age of 10, or
up to 14 children in accordance with Health and Safety Code Sectoin
1597.465, or any successor thereto. See Division 3, Section 9.31.140,
Family Day Care, Large, for further details.
6. Mobile Home Park. Any area or tract of land where two or more lots
are rented, 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.
7. Residential Facility. Facilities that provide permanent living
accommodations and 24-hour primarily non-medical care and supervision for
persons in need of personal services, supervision, protection, or assistance for
sustaining the activities of daily living. Living accommodations are shared living
quarters with or without separate kitchen or bathroom facilities for each room or
unit. This classification includes facilities that are operated for profit as well as
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those operated by public or not-for-profit institutions, including group homes for
minors, persons with disabilities, people in recovery from alcohol or drug
addictions, and hospice facilities. See Division 3, Section 9.31.270, Residential
Care Facilities, for further details.
a. Residential Care, General. A Residential Facility licensed by
the State of California and providing care for more than 6 persons.
b. Residential Care, Limited. A Residential Facility licensed by
the State of California providing care for 6 or fewer persons.
c. Residential Care, Seniors. A housing arrangement chosen
voluntarily by the resident, the resident’s guardian, conservator or other
responsible person, where residents are 60 years of age or older and where
varying levels of care and supervision are provided as agreed to at the time
of admission or determined necessary at subsequent times of reappraisal.
This classification includes continuing care retirement communities and life
care communities licensed for residential care by the State of California.
d. Hospice, General. A facility that provides residential living
quarters for more than 6 terminally ill persons.
e. Hospice, Limited. A facility that provides residential living
quarters for up to 6 terminally ill persons.
8. Supportive Housing. Housing which meets the definition of Health
and Safety Code Section 50675.14 with no limit on length of stay that are occupied
by the target population as defined in subdivision (d) of Section 53260 of the
California Health and Safety Code, and that are linked to on-site or off-site services
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that assist supportive housing residents in retaining the housing, improving their
health status, and maximizing their ability to live, and where possible, work in the
community. Supportive housing as defined by Subdivision (b) of Section 50675.14
may be provided in a multiple-unit structure or group residential facility. Facilities
may operate as licensed or unlicensed facilities subject to applicable State
requirements.
9. Transitional Housing. Dwelling units with a limited length of stay
that are operated under a program requiring recirculation to another program
recipient at some future point in time. Transitional housing may be designated for
homeless or recently homeless individuals or families transitioning to permanent
housing as defined in subdivision (h) of Section 50675.2 of the California Health
and Safety Code. Facilities may be linked to onsite or offsite supportive services
designed to help residents gain skills needed to live independently. Transitional
housing may be provided in a variety of residential housing types (e.g., multiple-
unit dwelling, single-room occupancy, group residential, single unit dwelling). This
classification includes domestic violence shelters. See Division 3, Section
9.31.110, Congregate and Transitional Housing, for further details.
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SECTION 35. Santa Monica Municipal Code Section 9.52.010 is hereby
amended to read as follows:
9.52.010 List of Terms
30% Income Household
50% Income Household
60% Income Household
80% Income Household
100% Affordable Housing Project
Abandoned, Abandonment
Abutting, Adjoining, or Adjacent
Access
Accessory Building
Accessory Dwelling Unit
Accessory Food Service
Accessory Structure
Accessory Use
Act of Nature
Affordable Rent
Alley
Alteration
Arcade
Area Median Income (AMI)
Artist
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Attic
Awning
Balcony
Base District
Base Height
Basement
Bathroom
Bay Window
Bedroom
Block
Building
Building, Accessory
Building, Principal
Building Code
Building Face
Building Envelope
Building Footprint
Building Height
Building Site
Build-to Line
Buffer, Buffering
California Department of Alcoholic Beverage Control (ABC)
California Environmental Quality Act (CEQA)
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Canopy
Car Sharing
Carport
Change of Use
Clerestory
City
City Council
City Engineer
City-Designated Contributing Building or Structure
City-Designated Historic Resource
City-Designated Landmark
City-Designated Structure of Merit
County
Conditionally Permitted
Construction
Corner Build-to Area
Courtyard
Cripple Wall
Curb Cut
Daylight Plane
Deck
Demising Wall
Demolition
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Development
Development Agreement
Director
Disability
Discretionary Permit
District
Domestic Violence Shelter
Driveway
Dwelling
Dwelling Unit
Easement
Effective Date
Emergency
Entrance
Environmental Review
Environmental Impact Report (EIR)
Erect
Excavation
Façade
Façade, Street-Facing
Feasible
Fee
Fence
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Floor Area
Floor Area Ratio
Footprint
Frontage, Street
Garage
Semi-subterranean Garage
Subterranean Garage
Garage Sales
General Plan
Glare
Government Code
Grade
Average Natural Grade
Existing Grade
Finished Grade
Segmented Average Natural Grade
Theoretical Grade
Ground Floor
Ground Floor Street Frontage
Habitation
Hazardous Materials
Height
Historic Resource
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Historic Resources Inventory
Home Occupation
Household
Illegal Use
Intensity of Use
Intersection, Street
Junior Accessory Dwelling Unit
Kitchen
Landscape
Automatic Controller
Backflow Prevention Device
Groundcover
Hedge
Irrigation System
Landscaping
Moisture Sensing Device
Mulch
Plant Area
Lighting
Foot-Candle
Light Fixture
Shielded Fixture
Lightwell
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Living Quarters
Loading Space
Loft
Lot
Maintenance and Repair
Manufactured Housing
Mezzanine
Mixed-Use Development
Mobile Home Park
Natural Disaster
Nonconforming Building
Nonconforming Structure
Nonconforming Use
Open Space
Open Space, Common
Open Space, Private
Open Space, Usable
Outdoor Sales, Temporary and Seasonal
Outdoor Storage
Overlay District
Parapet
Parcel
Parcel, Corner
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Parcel, Flag
Parcel, Key
Parcel, Reversed Corner
Parcel, Through
Parcel Area
Parcel Depth
Parcel Frontage
Parcel Line
Parcel Line, Front
Parcel Line, Rear
Parcel Line, Side
Parcel Width
Parking Facility
Accessory Parking
Long-Term Parking
Parking, Bicycle
Long-Term Bicycle Parking
Short-Term Bicycle Parking
Parking Space, Off-Street
Accessible Parking
Car Share Parking
Independently-Accessible Parking
Shared Parking
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Stacked Parking
Tandem Parking
Unbundled Parking
Valet Parking
Parking Structure
Semi-Subterranean
Subterranean
Patio
Paving
Permit
Permitted Use
Person
Person with a Disability
Planning Commission
Plaza
Podium
Port Cochere
Pre-Existing
Primary Use
Private Tennis Court
Project
Public Land
Public Resources Code
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Qualified Applicant
Ramp
Reasonable Accommodation
Residential Use
Review Authority
Right-of-Way
Roof
Barrel Roof
Gambrel Roof
Hip Roof
Mansard Roof
Pitched Roof
Shed Roof
Roof Deck
Screening
Security Grate or Grilles
Senior Citizen
Setback
Setback, Front
Setback, Rear
Setback, Side
Setback, Street Side
Sexually-Oriented Business
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Shrub
Sidewalk
Sidewalk Café
Sign-Related Definitions
Site
Skylight
Solar Energy System
State Historical Building Code
Story
Street
Street Tree
Street Wall
Structural Alterations
Structure
Structure, Accessory
Structure, Main
Structure, Subterranean
Structure, Temporary
Subdivision
Swimming Pool
Temporary Structure
Trailer
Trash Screen/Enclosure
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Unit
Use
Use, Accessory
Use, Primary
Use Classification
Use Permit
Use Type
Utilities
Vibration
View Corridor
Wall
Window
Primary Room Window
Secondary Room Window
Yard
Zoning Administrator
Zoning District
SECTION 36. Santa Monica Municipal Code Section 9.52.020 is hereby
amended to read as follows:
9.52.020 Definitions
The following words or phrases as used in this Article 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
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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% 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
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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 Article.
9.52.020.0090 Accessory Building. See Building, Accessory.
9.52.20.0095 Accessory Dwelling Unit. An attached or detached residential
dwelling unit that provides complete independent living facilities for one or
more persons and that is located on a parcel with a proposed or existing
primary single-unit or multi-unit dwelling. See Division 3, Section 9.31.025,
Accessory Dwelling Units and Junior Accessory Dwelling Units, for further details.
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.
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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:
A. For 30% income households, the product of 30% times 30% of the area
median income adjusted for household size appropriate for the unit.
B. For 50% income households, the product of 30% times 50% 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%
times 60% of the area median income adjusted for household size
appropriate for the unit.
D. For moderate income households, the product of 30% times 110% 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.
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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.
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9.52.020.0180 Attic. The area less than 7 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
2 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, Segmented
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Average Natural Grade, or Theoretical Grade projects more than 3 feet
above Average Natural Grade, Segmented Average Natural Grade, or
Theoretical Grade. Up to 4 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 3 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.
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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 6 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 therfor 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.
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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 façade 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
be wholly or partially supported by columns, poles, or braces extending from
the ground.
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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 4 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.
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.
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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 façade 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 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.
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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 façade 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
2 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.
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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 CodeSection 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 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 domestic violence. Such a facility may also provide meals,
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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.
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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 Façade. 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 Façade, Street-Facing. Any building façade 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.
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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.
9.52.020.0930 Subterranean Garage. A structure entirely underground, except
for openings for ingress and egress.
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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).
9.52.020.1040 Ground Floor. The lowest floor of a building other than a basement
that is closest to finished grade.
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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 on the HRI has been evaluated by professionals using
nationwide standards and criteria. The HRI is used to identify properties of
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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
employees on a site; hours of operation; the amount of noise, light or glare
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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 2 or more intersecting
streets.
9.52.20.1155. Junior Accessory Dwelling Unit. A dwelling unit that is no more
than 500 square feet in size and is contained entirely within an existing or
proposed single-unit dwelling. See Division 3, Section 9.31.025, Accessory
Dwelling Units and Junior Accessory Dwelling Units, for further details.
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 2 years of
installation. Mature heights of groundcover will usually range from 3
inches to 3 feet.
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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 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.
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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.
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.
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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 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 façade.
See Story.
9.52.020.1390 Mixed-Use Development. The development of a parcel or building
with 2 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 2 or more lots
are rented or leased, or held out for rent or lease, to accommodate mobile
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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.
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
Article 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 Article 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.
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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.
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.
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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
2 or more parcels where the owner(s) have recorded a covenant with the
Office of the County Recorder that states the intention of the 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 2 or more streets at their
intersection, or upon 2 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 2 parallel streets or
which fronts upon 2 streets which do not intersect at the boundaries of
the parcel.
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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.
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
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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 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.
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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 3 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 4 hours.
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
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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.
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.
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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,
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
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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 2 or 3 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.
9.52.020.1950 Pre-Existing. In existence prior to the effective date of this Article.
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.
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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.
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
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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 2 slopes on each of its 2 sides of which
the lower is steeper than the upper slope.
9.52.020.2100 Hip Roof. A 4-sided roof with sloping ends and sides.
9.52.020.2110 Mansard Roof. A roof with 2 sloping planes of different pitch on
each of the 4 sides.
9.52.020.2120 Pitched Roof. A roof with 2 sides that have at least one foot of
vertical rise for every 3 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 is 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 62 years of age or older unless
otherwise expressly stated in this Article.
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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 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.
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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 15 feet depending on their species and landscape application.
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.
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9.52.020.2280 Site. A parcel, or group of contiguous parcels, that is proposed for
development in accordance with the provisions of this Article 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 10 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-
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.
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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,
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.
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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.
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.
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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 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.
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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.
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.
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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 37. Any provision of the 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 38. 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
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 39. 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:
_______________________
GEORGE S. CARDONA
Interim City Attorney
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Approved and adopted this 8th day of September, 2020.
_____________________________
Kevin McKeown, 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. 2649 (CCS) had its
introduction on August 25, 2020 and was adopted at the Santa Monica City
Council meeting held on September 8, 2020, by the following vote:
AYES: Councilmembers Davis, Himmelrich, Jara, McCowan, Winterer
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2649 (CCS) was duly published
pursuant to California Government Code Section 40806.
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9/21/2020