ITEM 8-B
COUNCIL MEETING: September 8, 1992 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Amend Zoning Ordinance Subchapter 4N
and Section 9517 of Chapter 5, Section 9000.3 of
Subchapter 1, Section 9040.42 of Subchapter 5, Section
9044.4 of Subchapter 5E, Section 9080.2 of Subchapter
9, Sections 9150.6, 9150.7 and 9150.8 of Subchapter
10.0 and Sections 9113.1, 9113.2 and 9113.3 of
Subchapter 10E to Implement the Provisions of the Main
Street Master Plan.
INTRODUCTION
This report recommends that the City Council conduct a public
hearing and introduce for first reading the above referenced
amendments to sections of the Santa Monica Comprehensive Land Use
and Zoning Ordinance. These amendments are necessary to implement
the Main Street Master Plan.
BACKGROUND
The Planning Commission held public hearings on the Main Street
Master Plan on June 19, July 17 and July 31, 1991 at which time
speakers from the residential and business communities as well as
Advisory Committee members provided comments on the Plan. On
November 19, 1991 the City Council adopted the Main Street Master
Plan which contained proposed revisions to various subchapters
and sections of the Zoning Ordinance. However, in order for the
Zoning Ordinance changes to become effective, the Planning
Commission and City Council needed to conduct public hearings in
accordance with the procedures set forth in the Zoning Ordinance.
On June 3, 1992 the Planning Commission recommended approval of
the attached Zoning Ordinance amendments in order to implement
the provisions of the Main Street Master Plan. The vote was four
in support with one abstention, two commissioners were absent.
The revisions to the Zoning Ordinance are primarily to Subchapter
4N, the Main Street Commercial (CM) District in order to foster a
"village-type" pedestrian atmosphere in the area. Further
revisions were proposed that would apply city-wide that would
protect the historic nature of certain neighborhoods and
landmarks and structures, facilitate code enforcement procedures
and to modify off-street parking requirements for restaurants.
PROPOSED ORDINANCE CHANGES
Changes to Subchapter 4N, the Main Street Commercial (CM)
District
The ordinance revisions contained in the Main Street Master Plan
for the Main Street Commercial (CM) District were proposed to
encourage the development of a neighborhood oriented,
village-type, pedestrian friendly atmosphere in a district which
traditionally accommodated a variety of residential and
commercial uses.
The following outlines the significant changes to the CM
District:
-- Changes were made to the permitted/prohibited uses
sections of the ordinance which are intended to promote
neighborhood-serving retail uses in combination with those that
serve Santa Monica visitors. The uses were also changed in order
to be consistent with the language contained in other commercial
zoning districts.
-- Property development standards have been changed to ensure
lower density, compatible development in the District while
allowing greater densities for mixed-use projects that offer
affordable housing. The frontyard setback has been changed to be
consistent with the standards of other neighborhood commercial
districts.
-- Changes were made to the Special Project Design and
Development Standards section to support the village concept by
requiring pedestrian uses on first floors in the district and by
limiting the number of restaurants, bars and other alcohol
outlets.
Zoning Ordinance Changes That Apply Citywide
The Main Street Master Plan also proposed ordinance changes that
affected areas throughout the City. These changes were intended
to protect and preserve historic structures, provide for better
Zoning Code enforcement, require the posting of maximum seating
in a restaurant and amend the off-street parking requirements for
restaurants.
The following outlines the proposed changes:
-- A new definition of a bar has been added to the Zoning
Ordinance (Section 9000.3).
-- The changes proposed to the Non-conforming Buildings and
Uses section (Subchapter 9) are intended to help protect and
preserve non-conforming buildings of historic nature which may be
damaged in a disaster. Amendments to the Variances section
(Subchapter 10E) of the Zoning Ordinance are intended to
encourage the historic nature of Main Street by providing an
opportunity for the relocation of historic structures through
modifications to yard setbacks.
-- The revisions to Enforcement Procedures, Subchapter 10.0
of the Zoning Ordinance address repeat violators through an
increase in fees for violations and the possible
revocation/suspension of business licenses after three
violations.
-- Posting requirements have been established for
Architectural Review Board projects over 15,000 square feet.
-- The restaurant posting requirements called for in the
Project Design and Development Standards, Subchapter 5 of the
Zoning Ordinance will help members of the public monitor the
number of seats allowed in an establishment.
The off-street parking requirements were amended to more
realistically reflect the demand for restaurant parking. Staff
surveyed off-street parking requirements in West Hollywood,
Pasadena, Huntington Beach, Laguna Beach, Beverly Hills,
Lynnwood, Berkely, Glendale, Manhattan Beach, Culver City and the
Coastal Commission to determine the appropriate standard. During
the evaluation of the proposed standard, staff presented five
alternative to the Main Street Advisory Committee for their
consideration. Those alternatives were:
Alt 1: 1 space per 4 seats or 50 g.s.f. for service area,
whichever is greater.
Alt 2: 1 space per 3 seats or 50 g.s.f. for service area,
whichever is greater.
Alt 3: 1 space per 4 seats or 60 g.s.f. for service area and
200 g.s.f. for non-service area, whichever is greater.
Alt 4: 1 space per 5 seats or 50 g.s.f. for service area and
200 g.s.f. for non-service area, whichever is greater.
Alt 5: 1 space per 3 seats or 75 g.s.f. whichever is greater
(no distinction between service and non-service area).
To better illustrate the effects of the five alternative
scenarios in comparison to the existing and proposed standards,
Exhibit B was prepared. The Committee weighed the alternatives,
considered the staff recommendation (Alternative 5), but decided
to further refine the standard. The Committee determined that 1
space per 300 s.f. of storage area, 1 space @ 75 s.f. of seating
area, 1 space @ 50 s.f. of bar area are more representative of
the relative parking demand. Support area represents employees
only, while service, seating and bar area requires parking for
those that patronize the establishment. The Committee
recommendation is proposed for adoption at this time. The
attached ordinance includes these provisions and is the
recommendation of staff.
Implementation of Other Main Street Master Plan Elements
The proposed Zoning Ordinance modifications represent only one
element of the Main Street Master Plan. Other elements such as
the narrowing of Main Street, the implementation of non-structure
parking alternatives, and the design guidelines process are
presently underway. Staff has resumed meetings with
representatives of the Main Street Advisory Committee to discuss
implementation of the other elements of the Plan and to begin the
design guidelines process. It is anticipated that public
workshops on the design guidelines will occur in the fall.
Restriping of Main Street to reflect the narrowing of the street
was accomplished the week of August 24, 1992. The striping plan
will be in place for 6 months to determine the traffic
implications of the new plan.
BUDGET/FINANCIAL IMPACT
The recommendation in this report does not have a budget of
financial impact.
RECOMMENDATION
It recommended that the City Council introduce for first reading
the attached Zoning Ordinance modifications to implement the Main
Street Master Plan.
Prepared by: Paul Berlant, Director of LUTM
Suzanne Frick, Planning Manager
Paul Foley, Associate Planner
Land Use and Transportation Management Department
Program and Policy Development Division
Exhibit A: Proposed Ordinance Amendments
Exhibit B: Comparative Analysis for Restaurant Parking
ORDINANCE NUMBER ____
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING THE ZONING ORDINANCE
BY AMENDING SUBCHAPTER 4N
RELATING TO THE MAIN STREET COMMERCIAL DISTRICT;
ADDING SECTION 9040.42 REGARDING
PROPERTY DEVELOPMENT STANDARDS FOR RESTAURANTS;
AMENDING SECTION 9000.3 ADDING A DEFINITION OF BAR;
AMENDING SECTION 9080.2 RELATING TO NONCONFORMING BUILDINGS;
AMENDING SECTIONS 9150.5 - 9150.8 AND ADDING
SECTION 9150.9 RELATING TO ENFORCEMENT;
AMENDING SECTION 9113.3 RELATING TO VARIANCES;
AMENDING SECTION 9044.4 RELATING TO
PARKING REQUIREMENTS FOR RESTAURANTS;
AND AMENDING THE MUNICIPAL CODE BY ADDING SECTION 9517
REGARDING POSTING REQUIREMENTS FOR ARCHITECTURAL
REVIEW BOARD APPLICATIONS
WHEREAS, the Main Street Advisory Committee was established
by the City Council to work with Planning staff and developed a
Main Street Master Plan and Proposed Ordinance Revisions to apply
in the CM District and citywide; and
WHEREAS, the Planning Commission held public hearings on
the Main Street Master Plan and Proposed Ordinance Revisions on
June 19, July 17, and July 31, 1991 and made recommendations to
the City Council following the hearings; and
WHEREAS, the City Council held a public hearing on the Main
Street Master Plan and Proposed Ordinance Revisions on October
15, 1991; and
WHEREAS, the City Council adopted the Main Street Master
Plan and Proposed Ordinance Revisions following the public
hearing,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Sections 9023.1
through 9023.7 are amended to read as follows:
Subchapter 4N. CM Main Street Commercial District.
Section 9023.1. Purpose. The CM District is intended
to protect a special, historic commercial district and
adjoining residential neighborhood by recognizing:
(a) The Main Street Commercial District has
historically accommodated a variety of uses, including
commercial and residential uses which have provided daily
necessities, places of employment, and leisure time
opportunities for those living in the surrounding community
and the greater Santa Monica area, as well as for the
area's large number of tourists. The Main Street
Commercial District is established to provide mixed use
development to accommodate housing, retail, commercial,
overnight visitor, and service uses.
(b) The Main Street Commercial District directly
adjoins residential neighborhoods of high density but
principally low to moderate scale. Further, as a coastal
commercial area it also adjoins popular beach recreation
areas which regularly generate a substantial transient
influx. The Main Street Commercial District is established
to encourage physical improvements of low to moderate scale
which will continue to be compatible with nearby
residential and commercial uses and which will provide a
balanced supply of goods and services consistent with the
historical pattern.
Section 9023.2 Permitted Uses. The following uses are
permitted in the "CM" Main Street Commercial District, if
the use is a single use occupying less than 7500 square
feet, and is conducted within an enclosed building, the
ground floor Main Street frontage of which does not exceed
75 linear feet, unless otherwise indicated:
(a) Appliance repair shops.
(b) Art Galleries.
(c) Artist studios.
(d) Banks and savings and loan institutions.
(e) Barber and beauty shops.
(f) Bed and breakfast facilities provided that any
dining facility shall be limited to use by registered
guests only. Only two such facilities may be permitted in
the District.
(g) Child day care centers.
(h) Florists and plant nurseries.
(i) Furniture upholsterer's shops.
(j) General offices.
(k) General retail uses.
(l) Laundromats, dry cleaners.
(m) Libraries.
(n) Medical, dental, and optometrist facilities above
the first floor provided the use does not exceed a maximum
of 3,000 square feet.
(o) Print, or publishing shops.
(p) Restaurants with 49 or less seats.
(q) Shelters for the homeless with 50 or less beds.
(r) Shoe repair stores.
(s) Tailors.
(t) Theaters with 75 or less seats.
(u) Wholesale stores where public is invited.
Section 9023.3. Uses Subject to Performance Standards
Permit. The following uses may be permitted in the CM
District subject to the approval of a Performance Standard
Permit:
(a) Residential uses above the first floor.
(b) Sidewalk cafes.
Section 9023.4. Conditionally Permitted Uses. The
following uses may be permitted in the "CM" District
subject to the approval of a conditional use permit:
(a) Bars.
(b) Billiard parlors.
(c) Bowling alleys.
(d) Business colleges.
(e) Catering businesses.
(f) Dance studios.
(g) Exercise facilities.
(h) Fast-food and take-out establishments.
(i) Medical, dental, and optometrist facilities at the
first floor or in excess of 3,000 sq.ft.
(j) Meeting rooms for charitable, youth, and welfare
organizations.
(k) Museums.
(l) Music conservatories and instruction facilities.
(m) Places of worship.
(n) Restaurants with 50 seats or more.
(o) Retail stores with 30 percent or less of the total
linear shelf display area devoted to alcoholic beverages.
(p) Sign painting shops.
(q) Theaters having more than 75 seats.
(r) Trade schools.
(s) Wine shops devoted exclusively to sales of wine.
There shall be no limit on the total linear shelf display
area.
(t) Any otherwise permitted uses in the "CM" Main
Street Commercial district which occupy more than 7500
sq.ft. of floor area.
(u) Any otherwise permitted uses in the CM Main Street
Commercial District conducted in a building the ground
floor Main Street frontage of which exceeds 75 linear feet.
(v) All uses other than specifically prohibited uses,
that are determined by the Zoning Administrator to be
similar and consistent with those uses specifically
permitted, subject to performance standards, or
conditionally permitted.
Section 9023.5 Prohibited Uses. The following are
specifically prohibited in the "CM" District:
(a) Automobile service facilities.
(b) Bars above the first floor.
(c) Cinemas.
(d) Drive-in or drive-through uses.
(e) Game arcades.
(f) Hotels.
(g) Liquor stores other than those conditionally
permitted.
(h) Motels.
Section 9023.6 Property Development Standards. For
purposes of property development standards, there shall be
three zoning classifications within the "CM" District: CM2,
CM3, and CM4. All property in the "CM" District shall be
developed in accordance with the following standards:
(a) Maximum Building Height and FAR. Maximum building
height, number of stories, and floor area ratio shall be
determined as follows:
District Max Max No. Max
Height of Stories FAR
CM2 27' 2 1.5
CM3 35' 3 2.0
CM4 35' 3 2.0
Notwithstanding the above, property in the CM4 District
may be developed to a maximum height of 47 feet, 4 stories,
and a 2.5 FAR, provided the following conditions are met:
(1) The fourth floor does not exceed more than
50 percent of the third floor footprint.
(2) The fourth floor is set back a minimum of 10
feet from the third floor street frontage(s).
(3) The fourth floor is set back a minimum of 5
feet from the third floor side and rear yard building
frontage.
(4) The fourth floor setback at the street
frontage is devoted to a roof garden or unenclosed terrace.
(5) The development includes residential uses
equal to or exceeding the floor area of the fourth floor.
(6) The front yard setback at the ground floor
level is double that required pursuant to subsection (b) of
this Section.
There shall be no limitation on the number of stories of
any structure whose floor area contains 50% or more
residential uses as long as the height does not exceed the
maximum number of feet permitted in the zoning
classification of the "CM" District in which it is located.
For purposes of calculating the FAR of any structure
within the "CM" District, multi-residential units devoted
strictly to apartment residential uses shall be computed at
one-half (1/2) the actual total floor area.
(b) Front Yard Setback. A front yard shall be provided
in accordance with Subchapter 5B of the Zoning Ordinance.
(c) Rear Yard Setback. A rear yard shall be provided
and maintained. Said yard shall have a minimum depth as
follows:
(1) CM-2 District, east of the centerline of Main
Street. No rear yard shall be required for one-story
structures and for the first floor of a two story
structure, provided that any portion of the first floor
which is within five feet of the rear property line is not
more than nine feet in height and is fully enclosed, i.e.,
without windows, doors, or ventilation openings permitting
visual access to adjoining residential property. Any
portion of the first floor that either exceeds nine feet in
height or is not fully enclosed shall be at least five feet
from the rear property line. The minimum rear yard
requirement for the second story portion of a two story
structure shall be 20 feet.
(i) Use of Rear Yard. Commercial use in
the required rear yard is not permitted. Non-commercial
uses and parking are permitted in the rear yard to the rear
property line on the ground level.
(ii) 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 six foot barrier.
(iii) Exception. There shall be no rear
yard setbacks required where existing parking improvements
and common ownership extend through to Second Street.
(2) CM-2 District, west of the centerline of Main
Street. No rear yard shall be required for a one-story
structure, provided that any portion of the first floor
structure which is within five feet of the rear property
line does not exceed nine feet in height. Any portion of
the first floor that exceeds nine feet in height shall be
at least five feet from the rear property line. The
minimum rear yard requirement for the second story of a two
story structure shall be five feet.
(3) CM-3 District. Rear yard requirements in the
CM3 District shall be the same as those required in the
CM-2 District, west of the centerline of Main Street, for
one and two story structures. A minimum 15 foot rear yard
setback for any portion of a third story is required.
(4) CM-4 District. No rear yard setback is
required except as may be required in Section 9023.6(a).
(d) Side Yard Setback. None.
(e) Development Review. A Development Review Permit
is required for any development of more than 11,000 square
feet of floor area.
Section 9023.7. Special Project Design and Development
Standards. Projects in the CM District shall comply with
the following special project design and development
standards:
(a) First floor uses must be pedestrian oriented uses.
(b) Restaurants and bars are limited to a total of two
establishments per block unless otherwise specified in this
Section. For purposes of this Section, an establishment
may be a restaurant, a restaurant with a bar, or a bar. A
restaurant with a bar shall be considered one
establishment. A block is defined as both sides of Main
Street and the adjacent sides of adjoining side streets.
Portions of Main Street to be designated "Block" for the
purpose of this Section are:
Block 1: South City Limits to Marine Street.
Block 2: Marine Street to Pier Avenue.
Block 3: Pier Avenue to Ashland Avenue.
Block 4: Ashland Avenue to Hill.
Block 5: Hill to Ocean Park Boulevard.
Block 6: Ocean Park Boulevard to Hollister Avenue
(total of 4 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.
(c) North of Ocean Park Boulevard restaurants shall be
subject to the following requirements:
(1) Only one restaurant on the east side of each
block shall be permitted.
(2) Restaurants on the east side of each block
shall be limited to 75 or less seats.
(3) No more than 200 seats per each block shall
be permitted, except that no more than 400 seats shall be
permitted in Block 6.
(d) On-sale alcohol outlets may not exceed twelve in
number north of Ocean Park Boulevard. Of the twelve total
on-sale outlets, no more than five shall have on-sale
general licenses.
(e) Bars may not exceed four in number south of Ocean
Park Boulevard, nor two in number north of Ocean Park
Boulevard.
(f) Existing uses and existing number of seats shall
count toward the total number of bars and restaurants and
seating requirements permitted within the District.
(g) An existing use shall be considered no longer
existing if that use is changed to another type of use or
if for a period of six months, such use has not been in
regular operation. Regular operation shall be considered
being open for business to the general public during such
use's customary business hours.
(h) In structures housing mixed commercial and
residential uses, parking above the first floor shall be
allowed.
SECTION 2. Section 9040.42 is added to the Santa Monica
Municipal Code to read as follows:
Section 9040.42. Posting of Seating Requirements in
Restaurants. All restaurants which have 50 or more seats
shall post a sign stating the maximum number of seats
allowed in the establishment by the Conditional Use Permit.
The sign shall be a minimum of 12 inches by 18 inches, and
shall be posted by the entrance of the restaurant, or such
other location as required by the Zoning Administrator.
SECTION 3. Santa Monica Municipal Code Section 9000.3 is
amended to read as follows:
Section 9000.3. Definitions. The following words or
phrases as used in this Chapter shall have the following
meanings:
Accessory Building. A detached building which is
located on the same lot as the principal building and is
incidental and subordinate to the principal building in
terms of both size and use.
Accessory Living Quarters. Living quarters within an
accessory building for the sole use of persons employed on
the premises or for use by guests of the occupants of the
premises. Such quarters shall not have cooking facilities
and shall not be rented or used as a separate dwelling.
Accessory Use. A use of land or of a building, or a
portion of the land or building, incidental and subordinate
to the principal use of the land or building and located on
the same lot as the principal use.
Act of Nature. A natural occurrence such as an
earthquake, flood, tidal wave, hurricane or tornado which
causes substantial damage to buildings or property.
Altered Grade. A change in the elevation of the ground
surface from its natural state due to grading, excavation
or filling.
Arcade. A public passageway or colonnade open along at
least one side, except for structural supports, usually
covered by a canopy or permanent roofing.
Art Gallery. A room or structure in which original
works of art or limited editions of original art are
bought, sold, loaned, appraised, or exhibited to the
general public.
Artist Studio. A room or structure in which original
works of art are created on site. Living quarters for the
artist may be permitted provided the area devoted to living
quarters does not exceed 50% of the square footage of the
total studio space.
Attic. The area located above the ceiling of the top
story and below the roof and not usable as habitable or
commercial space.
Auditorium. A building or room designed to accommodate
groups of people for meetings, performances or events.
Automobile Center. A grouping of individual automobile
dealerships offering a variety of automobile makes and
models proposed as a single development project.
Automobile Dealership. Any business establishment which
sells or leases new or used automobiles, trucks, vans,
trailers, recreational vehicles, boats or motorcycles, or
other similar motorized transportation vehicles. An
automobile dealership may maintain an inventory of the
vehicles for sale or lease either on-site or at a nearby
location and may provide on-site facilities for the repair
and service of the vehicles sold or leased by the
dealership.
Automobile Display Lot. Any property used for the
display, lease and sale of new or used automobiles, light
trucks, vans, trailers, recreational vehicles, motorcycles,
boats or other similar vehicles.
Automobile Repair Facility. Any building, structure,
improvements or land used for the repair and maintenance of
automobiles, motorcycles, and trucks including but not
limited to body, fender, muffler, or upholstery work, oil
change and lubrication, painting, tire service and sales,
or the installation of CB radios, car alarms, stereo
equipment, or cellular telephones.
Automobile Sales Facility. See Automobile Dealership.
Automobile Storage Lot. Any property used for short or
long term parking of vehicles for sale or lease at an
automobile dealership.
Automobile Washing Facility. Any building, structure,
improvement or land principally used for washing motor
vehicles.
Automobile Rental Agency. Any business establishment
which rents or otherwise provides motorized transportation
vehicles on a short-term basis typically for periods of
less than one month, and which maintains such vehicles
on-site or at a nearby location. For the purpose of this
Chapter, rental of trucks exceeding one ton capacity or
rental of other heavy equipment shall constitute distinct
uses separate from an automobile rental agency.
Average Natural Grade. The average elevation of the
ground level of the parcel surface in its natural state as
measured from the corners of the parcel. However, in
connection with development projects in the Ocean Park
Districts, average natural grade shall have the same
meaning as "theoretical grade," or "grade, theoretical."
Awning. A temporary shelter supported entirely from the
exterior wall of a building. Awnings may be fixed or
collapsible, retractable, or capable of being folded
against the face of the supporting building.
Balcony. A platform that projects from the wall of a
building and is surrounded on the exposed sides by a
railing or wall up to 42 inches in height.
Bar. An establishment with a "public premises" liquor
license and restaurants with a liquor serving facility that
is physically separate from the dining area and is
regularly operated during hours not corresponding to food
service hours.
Basement. The portion of a structure below the finished
first floor. A basement shall be considered a story if the
finished first floor extends more than 3 feet above the
average natural grade.
Bed and Breakfast Facility. A building or portion of a
building used as a temporary lodging place for individuals
which does not have more than four guest rooms and one
kitchen.
Bedroom. A private room planned and intended for
sleeping, separated from other rooms by a door and
accessible to a bathroom without crossing another bedroom.
Boarding House. A residential building with common
cooking and eating facilities where a room or any portion
of a room is rented to a person or persons unrelated to the
person renting the room.
Building. Any structure having a roof supported by
columns or walls and intended for the shelter, housing, or
enclosure of any individual, animal, process, equipment,
goods, or materials of any kind or nature.
Building Bulk. The aggregate of three dimensional forms
making up a building.
Building Coverage. The horizontal area measured within
the perimeter of the exterior walls of the ground floor or
upper floors that overhang the ground floor of all
principal and accessory buildings on a lot.
Building Height. The vertical distance measured from
the existing average natural grade to the highest point of
the roof. However, in connection with development projects
in the Ocean Park Districts, building height shall mean the
vertical distance measured from the theoretical grade to
the highest point of the roof.
Building Mass. Three dimensional forms, the simplest of
which are cubes, boxes, cylinders, pyramids and cones. A
building is rarely only one of these simple forms, and is
generally a composite of these forms.
Building, Principal. A building in which the principal
use of the lot on which it is located is conducted.
Building Size. The aggregate of building mass and
building bulk permitted on a lot which is defined by height
regulations, setbacks, and other property development
standards.
Canopy. A roof-like cover that projects from the wall
of a building for the purpose of shielding a doorway,
window or wall from the elements.
Change of Use. The establishment of a different use
from the previous use. A change of ownership for
continuation of an existing use does not constitute a
change of use.
Child Day Care Center. Any child day care facility,
other than a family day care home, that provides care,
protection, and supervision for more than six children for
periods of less than 24 hours per day and where the owner
or operator does not reside at the child day care
establishment. Child day care centers shall include infant
centers, preschools, nursery schools, and extended day care
facilities.
Church. See Place of Worship definition.
Cinema. A motion picture theater where the primary use
is to show motion or video pictures and to which admission
is free or a fee is charged, received or collected, either
by the sale of tickets or by any other means or device by
which money or something of value is received or paid
therefor.
Club. A group of people organized for a common purpose
to pursue common goals, interests or activities and usually
characterized by certain membership qualifications, payment
of fees and dues, regular meetings, and a constitution or
bylaws.
Common Open Space. Usable open space which is for the
use of the residents of two or more dwelling units.
Community Care Facility. Any facility, place, or
building which is maintained and operated to provide
non-medical residential care, adult day care, or home
finding agency services for children, adults, or children
and adults including but not limited to the physically
handicapped, mentally impaired, or incompetent persons, and
includes the following:
(1) "Residential Care Facility" means any family
home, group care facility for 24-hour non-medical care to
persons 18 years of age or older in need of personal
services, supervision, or assistances essential for
sustaining the activities of daily living or for the
protection of the individual.
(2) "Adult Day Care Facility" means any facility
which provides non-medical care to persons 18 years of age
or older in need of assistance essential for sustaining the
activities of daily living or for the protection of the
individual on less than a 24-hour basis.
Conditional Use Permit. A discretionary permit obtained
in accordance with Subchapter 10F, permitting the
establishment of particular uses in a zoning district.
Cultural Facilities. Museums, galleries, theaters and
the like, which promote educational and aesthetic interest
within a community.
Drive-Through or Drive-In Restaurant. A restaurant
where customers may be served food in their vehicles for
consumption either on or off the site.
Duplex. One structure on a single lot containing two
dwelling units, each of which is functionally separated
from the other.
Dwelling. A structure or portion thereof which is used
principally for residential occupancy.
Dwelling, Multi-Family. A dwelling containing two or
more dwelling units.
Dwelling, Single-Family. A building containing one
dwelling unit which contains only one kitchen and which is
located on a permanent foundation.
Dwelling Unit. One or more rooms, designed, occupied,
or intended for occupancy as separate living quarters, with
full cooking, sleeping, and bathroom facilities for the
exclusive use of a single household.
Dwelling Unit, Efficiency. A dwelling unit consisting
of not more than one habitable room together with kitchen
or kitchenette and bathroom facilities.
Electric Distribution Substation. An assembly of
equipment which could include fuel cells and microwave,
cable, radio and/or other communication facilities as part
of a system for distribution of electric power where
electric energy is normally received at a subtransmission
voltage and transformed to a lower voltage, and/or produced
at this lower voltage in case a fuel cell is installed, for
distribution to the customer.
Facade. The exterior side of a building.
Fast-Food or Take-Out Restaurant. A restaurant where
customers purchase food at a walk-up window or counter and
either consume the food on the premises within a short
period of time or take the food off the premises. A
restaurant shall not be considered a fast-food or take-out
restaurant solely on the basis of incidental or occasional
take-out sales.
Fence. A barrier of any material or combination of
materials functioning as an enclosure or for screening.
Fence Height. The vertical distance between the ground
and top of a fence measured from the existing grade. The
height shall be measured in a continuum at each point along
the fence.
Finished First Floor. The top of the first floor of a
structure which does not extend more than 3 feet above the
average natural grade.
Floor Area. The total gross horizontal areas of all
floors of a building, including usable basements below the
roof and measured from the interior face of exterior walls,
or a wall separating two buildings excluding:
(1) Stairways and stairwells.
(2) Elevators, elevator equipment rooms, and
elevator shafts.
(3) Ramps to a subterranean or
semi-subterranean parking structure or ramps between floors
of a parking structure providing the ramp does not
accommodate parking.
(4) Unenclosed decks, balconies, and
platforms not used for commercial or restaurant activity.
(5) Exterior courtyards, arcades, atria, paseos,
walkways, and corridors whether or not covered by a roof
provided they are not used for commercial or restaurant
activity.
(6) The volume above interior courtyards,
atria, paseos, walkways, and corridors whether covered or
not.
(7) Subterranean and semi-subterranean
parking structures used exclusively for parking and loading
and unloading.
(8) At grade parking not covered by a
building, structure, or roof.
(9) Loading docks open or covered by a roof
or canopy, but otherwise unenclosed and used exclusively
for loading and unloading.
(10) Mechanical equipment rooms, electrical
rooms, telephone rooms, and similar space if located below
grade.
Floor area shall include those areas occupied by the
following:
(1) Restrooms, lounges, lobbies, kitchens,
storage areas, and interior hallways and corridors.
(2) The floor area of interior courtyards, atria,
paseos, walkways, and corridors covered by a roof or
skylight.
(3) Covered at-grade parking.
(4) Above grade parking. Floor area devoted to
covered at-grade parking shall be counted at two thirds of
the actual area if all of the following conditions are met:
(a) The floor devoted to parking does
not exceed 10 feet in height.
(b) There is at least one level of
subterranean or semi-subterranean parking provided on the
lot.
(c) The at-grade and above grade parking
levels are screened from view.
(d) There is no parking on the ground
floor within 40 feet of the front property line.
(e) The design of the parking levels is
compatible with the design of the building as determined by
the Architectural Review Board.
Floor Area Ratio (FAR). The floor area of all buildings
on a lot divided by the lot area.
Game Arcade. Any place open to the public in which
there are four or more games or amusements. These games or
amusements include but are not limited to, electronic,
video, and pinball machines, whether coin operated or on
free play.
Garage. An accessory building or portion of a principal
building for the parking or temporary storage of
automobiles of the occupants or users of the premises.
Garage, Subterranean. A structure wholly or partly
underground, the ceiling of which is not more than two feet
above the average natural grade, except for openings for
ingress and egress.
General Retail. Businesses which are engaged in selling
goods or merchandise to the general public and which
provides services incidental to the sale of such goods.
Grade, Theoretical. An imaginary line from the midpoint
of the lot on the front property line to the midpoint of
the lot on the rear property line.
Grading. Any stripping, cutting, soil removal, filling,
or stockpiling of earth or land.
Ground Cover. A low growing woody or herbaceous plant
with low, compact growth habits which normally crawls or
spreads, and which forms a solid mat or dense cover over
the ground within two years of installation. Mature
heights of groundcover will usually range from three inches
to three feet.
Ground Floor. The first level of a building other than
a basement.
Ground Floor Street Frontage. The first level of a
building, other than a basement, to a depth of no less than
50 feet of the front of the lot.
Habitable Space. Space in a dwelling unit for living,
sleeping, eating, or cooking. Bathrooms, closets, halls,
storage or utility space, and parking areas are not
considered habitable space.
Hardscape. An open area comprised of durable non-living
materials including, but not limited to rocks, pebbles,
sand, wood, mulch, chips, walls, fences, planters, bricks,
stone, aggregate, natural forms, and water features.
Hedge. A barrier of plant material functioning as an
enclosure or used for screening.
Home Occupation. A home enterprise in a residential
dwelling unit incidental and secondary to the use of the
dwelling unit and compatible with surrounding residential
uses.
Home Occupation Permit. An administrative permit
obtained in accordance with Subchapter 10B to allow a home
occupation.
Hospice. A facility that provides residential living
quarters for up to six terminally ill persons. A hospice
is a permitted use in all residential districts.
Hotel. A building, group of buildings, or a portion of
a building which is designed for or occupied as the
temporary lodging place of individuals for less than 30
consecutive days including, but not limited to, an
establishment held out to the public as an apartment hotel,
hostel, inn, time share project, tourist court, or other
similar use.
Household. Persons living together in a single dwelling
unit, with common access to, and common use of all living
and eating areas and all areas and facilities for the
preparation and storage of food within the dwelling unit.
Incidental Food Service. Any building, room, space, or
portion thereof where food is sold at retail where less
than 250 square feet (interior and exterior) is utilized
for on-site consumption of any food or beverage, including
seating, counter space or other eating arrangement.
Kitchen. A room or space within a building intended to
be used for cooking or preparing food.
Landscaped Area. The area within the boundaries of a
given lot which consists of living plant material
including, but not limited to, trees, shrubs, woody and
herbaceous ground covers, grass, flowers, vines, irrigation
systems, and other design features commonly used in
landscaping, but not including walkways, driveways, patios,
and other landscape features that use smooth concrete or
asphalt.
Large Family Day Care Home. A home which provides
family day care to 7 to 12 designated children daily,
inclusive, including children who reside at the home.
Light Manufacturing. Manufacturing uses conducted
within an enclosed building that include fabricating,
assembling, testing, repairing, servicing or processing
products where the nature of the operation is not obnoxious
or offensive by reason of emission of odor, dust, noxious
gas, noise, vibration, glare, heat or other adverse
environmental impacts.
Living Area. The interior habitable area of an existing
principal dwelling unit including basement and shall not
include a garage.
Living Quarters. A structure or portion thereof which
is used principally for human habitation.
Loading Space. An off-street space or berth on the same
lot with a building for the temporary parking of a vehicle
while loading or unloading of goods.
Loft. See Mezzanine.
Lot. A lot.
Low Income Household. A household whose gross annual
income is between 51% and 80% of the median income of the
Los Angeles-Long Beach-Anaheim Primary Metropolitan
Statistical Area (PMSA), as determined periodically by the
U.S. Department of Housing and Urban Development (HUD),
adjusted for household size.
Manufactured Housing. A residential structure built
off-site and moved to a designated site for placement on a
permanent foundation.
Mezzanine. An intermediate level without walls or
partitions, placed in any story or room and open to the
space below. When the total area of any such mezzanine
floor exceeds 33 1/3 percent of the total floor area in
that room, it shall constitute an additional story. The
clear height above or below a mezzanine floor shall not be
less than 7 feet. No more than one continuous mezzanine
may be permitted in any one room. A mezzanine shall be
considered a loft.
Middle Income Household. A household whose gross annual
income is 100% of the median income of the Los Angeles-Long
Beach-Anaheim Metropolitan Statistical Area (PSMA), as
determined periodically by the U.S. Department of Housing
and Urban Development (HUD) adjusted for household size.
Mini-Mart. A small retail store selling commonly
purchased groceries, fast-foods, household goods, and
impulse items, and located on the same lot as a service
station or operated in conjunction with a service station
with common parking.
Minor Repair of Vehicles. Transmission, muffler, and
radiator work, lubrication, repair of brakes, generators,
water pumps, batteries, and other minor components,
replacement of wiper blades, fuses, radiator caps, lamps,
and other minor accessories, changing and mounting of
tires, wheel alignment, tune-up, minor electrical repairs,
and similar repairs and services. Minor repair of vehicles
shall not include repairs that cause environmental
nuisances including but not limited to engine and drive
train overhaul, auto dismantling, body and fender work,
welding, repair of tops, seat covers, and upholstery, auto
glass work, painting, rebuilding batteries, tire recapping
or retreading, and similar work.
Mixed Use Development. The development of a lot or
building with two or more different land uses such as, but
not limited to, a combination of residential, office,
manufacturing, retail, public, or entertainment in a single
or physically integrated group of structures.
Mobilehome Park. See Trailer Park.
Moderate-Income Household. A household whose gross
annual income is between 81% and 120% of the median income
of the Los Angeles-Long Beach-Anaheim Primary Metropolitan
Statistical Area (PMSA), as determined periodically by the
U.S. Department of Housing and Urban Development (HUD),
adjusted for household size.
Motel. An establishment providing transient
accommodations containing six or more rooms with at least
25% of all rooms having direct access to the outside
without the necessity of passing through the main lobby of
the building.
Neighborhood Grocery Store. Any small market not
exceeding 3,000 square feet of floor area selling a full
range of food products including meat, dairy products,
vegetables, fruits, dry goods, and beverages.
Net Residential Area. An area of land zoned for
residential uses exclusive of public streets or land
dedicated for streets but including the area to the center
line of a rear alley.
Night Club. An establishment which primarily offers
live entertainment or dancing and which may serve food or
beverages.
Nonconforming Building or Structure, Legal. A
structure, the size, dimension, or location of which were
lawful prior to the effective date of this Chapter or any
amendment thereto, but which falls to conform to the
present requirements of the zoning district.
Nursing Home. A facility licensed to provide full-time
convalescent or chronic care to individuals who, by reason
of advanced age, chronic illness, or infirmity are unable
to care for themselves.
Off-Site Hazardous Waste Facility. An operation
involving handling, treatment, storage, or disposal of a
hazardous waste in one or more of the following situations:
(1) The hazardous waste is transported via
commercial railroad, public owned road or public waters,
where adjacent land is not owned by or leased to, the
producer of the waste.
(2) The hazardous waste is at a site which is not
owned by or leased to, the producer of the waste.
(3) The hazardous waste is at a site which
receives hazardous waste from more than one producer.
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.
Overlay District. A zoning designation specifically
delineated on the Districting Map establishing land use
requirements that govern in addition to the standards set
forth in the underlying residential, commercial or
industrial district.
Parapet. A low wall or railing not exceeding 42 inches
above the roof and along its perimeter.
Parcel. A portion of land separated from other portions
of land by legal description, as on a subdivision or record
of survey map, or by metes and bounds. Parcel shall also
include two or more lots combined to be used, developed, or
built upon as a unit as provided for in Section 9002.1.
Parcel Area. The total area within the property lines
of a parcel, excluding any street or alley right-of-way.
Parcel, Corner. A parcel of land abutting two or more
streets at their intersection, or upon two parts of the
same street forming an interior angle of less than 135
degrees.
Parcel Coverage. That portion of the parcel that is
covered by buildings and structures. Parcel coverage shall
include that area of the parcel directly below any upper
level of a building or structure that is cantilevered
beyond the edge of the first level of the building or
structure.
Parcel Depth. The distance measured from the front
parcel line to the rear parcel line as per the legal
description of the property.
Parcel, Flag. A parcel not fronting on or abutting a
public road and where access to the public road is by a
narrow right-of-way or driveway.
Parcel Frontage. The width of the front parcel line
measured at the street right-of-way.
Parcel, Key. The first interior parcel to the rear of a
reversed corner parcel and not separated therefrom by an
alley.
Parcel Line. A line of record bounding a parcel which
divides one parcel from another parcel or from a public or
private street or any other public space.
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.
Parcel Line, Rear. The parcel line opposite and most
distant from the front parcel line, or in the case of a
triangular or otherwise irregularly shaped parcel, a line
ten feet in length entirely within the parcel, parallel to,
and at a maximum distance from the front parcel line.
Parcel Line, Side. Any parcel line other than a front
or rear parcel line.
Parcel, Reversed Corner. A corner parcel, the side
street line of which is substantially a continuation of the
front parcel line of the first parcel to its rear.
Parcel, Through. A parcel which fronts on two parallel
streets or which fronts upon two streets which do not
intersect at the boundaries of the parcel.
Parcel Width. The horizontal distance between the side
lines of a parcel measured at right angles to its depth
along a straight line parallel to the front parcel line at
the street or public right-of-way that is identified as the
parcel's address.
Pedestrian Orientation. Design qualities and elements
that contribute to an active, inviting street level
environment making the area a pleasant place to walk and
shop including but not limited to:
(a) Street furniture.
(b) Design amenities related to the street
level such as awnings, paseos, arcades.
(c) Visibility into buildings at the street
level.
(d) Highly articulated facades at the
street level with interesting uses of material, color, and
architectural detailing.
(e) Continuity of the sidewalk with a
minimum of intrusions into the pedestrian right-of-way.
(f) Continuity of building facades along
the street with few interruptions in the progression of
buildings and stores.
(g) Signage oriented and scaled to the
pedestrian rather than the motorist.
(h) Landscaping.
Pedestrian Oriented Use. A use which is intended to
encourage walk-in customers and which generally does not
limit the number of customers by requiring appointments or
otherwise excluding the general public. A pedestrian
oriented use may suggest or require appointments for
services when primarily for the convenience of the
customer, such as reservations with restaurants,
beauticians or optometrists to avoid being turned away due
to unavailability.
Penthouse. A structure not exceeding 14 feet in height
located on the roof of a building used for the purpose of
sheltering mechanical equipment or vertical shaft openings
in the roof.
Performance Standards Permit. An administrative permit
obtained in accordance with Subchapter 10D.
Permitted Use. Any use allowed in a Zoning district and
subject to the restrictions applicable to that zoning
district.
Place of Worship. A building or structure, or groups of
buildings or structures, which by design and construction
are primarily intended for conducting religious services
and accessory uses associated therewith.
Planning Commission. The seven member body responsible
for carrying out functions with respect to planning and
zoning as may be prescribed by this Article.
Porte Cochere. A roofed structure extending from the
entrance of a building over an adjacent driveway, the
purpose of which is to shelter persons entering and exiting
a building.
Primary Space. Living room, dining room, family room,
library, or similar such activity room in a dwelling unit.
Primary Window. A glazed surface whose area is larger
than any other glazed surface in a room which serves as a
primary space.
Principal Use. The primary or predominant use of any
site.
Photocopy Shop. An establishment that reproduces or
prints documents. A print shop shall be considered to be
the same as a photocopy shop.
Private Club or Lodge. A building and related
facilities owned or operated by a corporation, association,
or group of individuals established for the fraternal,
social, educational, recreational, or cultural enrichment
of its members and not primarily for profit, and whose
members meet certain prescribed qualifications for
membership and pay dues. A private club or lodge does not
include a facility where the principal membership
requirement is payment of a membership or admission fee.
Private Tennis Court. A tennis court which is used for
non-commercial purposes by the owner of the property or
their guests.
Public Land. Any government owned land, including but
not limited to public parks, beaches, playgrounds, trails,
paths, schools, public buildings, and other recreational
areas or public open spaces.
Public Utility Service Center and Service Yard. Any
building or property used for the administration of public
utility repair, maintenance, and installation crews,
warehouse, storage yard or maintenance garage including
vehicle parking of a public utility.
Recreational Building. Incidental park structures such
as restrooms and maintenance facilities, community rooms,
locker rooms and showers servicing persons using the
beaches or ocean, playing courts, playgrounds, picnic
areas, and public swimming pools.
Residential Care Facility. A group housing arrangement
chosen voluntarily by residents over 60 years of age, but
also including persons under 60 with compatible needs, who
are provided varying levels and intensities of care and
supervision or personal care, based upon their varying
needs, as determined in order to be admitted and remain in
the facility.
Residential Use. One or more rooms designed, occupied,
or intended for occupancy as primary living quarters in a
building or portion thereof.
Restaurant. Any building, room, space, or portion
thereof where food is sold for consumption on site. A
restaurant does not include incidental food service.
Rest Home. An extended or intermediate care facility
licensed or approved to provide health care under medical
supervision for 24 or more consecutive hours to two or more
patients who are not related to the governing authority or
its members by marriage, blood, or adoption.
Roof. That portion of a building or structure above
walls or columns that shelters the floor area or the
structure below.
Sanitarium. An institution for the treatment of persons
with chronic and usually long term illnesses.
Secondary Window. Window serving a bedroom, bathroom,
kitchen, stairway, corridor, or storage area in a dwelling
unit, or a window in a primary space which is not a primary
window.
Self-Service Storage Warehouse (Mini- Warehouse). A
warehouse operation where customers rent or lease, and have
direct access to, individual storage areas, compartments,
or rooms within a larger structure or structures provided
for storage use.
Senior Citizen. An individual 62 years of age or more.
Senior Group Housing. A building or buildings,
including a single family dwelling, that provides residence
for a group of senior citizens with a central kitchen and
dining facilities and a separate bedroom or private living
quarters.
Service Station. Any establishment whose primary
function is the retail sale of petroleum products and
vehicle accessories normally
associated with this use, and shall include those service
stations providing full service or self-service stations.
Setback. The distance between the lot line and a
building not including permitted projections.
Shelter for the Homeless. A residential facility
operated by a "provider", other than a "community care
facility" as defined in California Health and Safety Code
Section 1502, which provides temporary accommodations to
homeless persons and/or families and which meets the
standards for shelters contained in Title 25, California
Administrative Code, Part 1, Chapter F, Subchapter 12,
Section 7972. The term "temporary accommodations" means
that a homeless person or family will be allowed to reside
at the shelter for a time period not to exceed six (6)
months. For the purpose of this definition, a "provider"
shall mean a government agency or private non-profit
organization which provides, or contracts with recognized
community organizations to provide, emergency or temporary
shelter for the homeless, and which meets the standards set
forth in Section 9050.14.
Shrub. A plant with a compact growth habit and branches
coming from the base of the plant. Mature heights of
shrubs may vary from one foot to 15 feet depending on their
species and landscape application.
Sidewalk Cafe. Any outdoor dining area located in any
public sidewalk or right-of-way which is defined by a
barrier which separates the sidewalk cafe area from the
sidewalk or other public right-of-way and which is
associated with a restaurant or other eating and drinking
establishment on a contiguous adjacent lot.
Single Room Occupancy. A housing unit which is
contained within a residential hotel, rooming house, hotel,
or motel where the unit does not contain either private
food preparation or sanitary facilities.
Site. Any plot or lot of land or combination of
contiguous lots of land.
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.
Small Family Day Care Home. A home which provides
family day care to six or fewer designated children daily,
including children who reside at the home.
Solar Energy System. Any solar collector or other solar
energy device, or any structural design feature of a
building whose primary purpose is to provide for the
collection, storage, or distribution of solar energy for
space hearing or cooling, water heating, or electricity.
Speciality Office. Uses intended to provide a service
without requiring an appointment such as travel agencies,
real estate offices and insurance agencies.
Story. That portion of a building included between two
consecutive floors of a building. A basement shall not be
considered a story if the finished first floor does not
exceed 3 feet above the average natural grade of the lot.
An unfinished attic shall not be considered a story. A
mezzanine shall be considered a story if it is not open to
the floor below, if it contains any enclosed rooms,
bathrooms, closets, and the like, or if it contains more
than 33 1/3% of the total floor area of the room(s) onto
which it opens.
Structure. Anything constructed or erected, which
requires a fixed location on the ground, or is attached to
a building or other structure having a fixed location on
the ground.
Subdivision. See Chapter 3 for all subdivision
definitions.
Substantial Remodel. Removal of 50 percent or more of
the exterior walls or removal of 50 percent or more of
supporting members of a structure such as bearing walls,
columns, beams, or girders.
Tandem Parking. A group of two or more parking spaces
arranged one behind the other where one space blocks access
to the other space.
Temporary Structure. A structure without any foundation
or footing and which is removed when the designated time
period, activity, or use for which the temporary structure
was erected has ceased.
Temporary Use Permit. An administrative permit obtained
in accordance with Subchapter 10C.
Theater. Any hall where live entertainment is given or
held as the principal use, any establishment containing a
permanent stage upon which movable scenery and theatrical
appliances are used and where regular theatrical
performances are given.
Trailer. A vehicle without motor power, designed to be
drawn by a motor vehicle and to be used for human
habitation or for carrying persons or property, including a
mobilehome, trailer coach or house trailer.
Trailer Court or Mobilehome Park. Any area or tract of
land used or designed to accommodate one or more trailers
in use for human habitation with minimum facilities for
water, sewer, electricity, and laundry.
Tree. A plant having at least one well defined stem or
trunk and normally attaining a mature height of at least 15
feet, with an average mature spread of 15 feet, and having
a trunk that shall be kept clear of leaves and branches at
least six feet above grade at maturity.
15 Gallon Tree. A 15 gallon container tree shall be no
less than one inch caliper and at least six feet in height
above grade at the time of planting.
24 Inch Box Tree. A 24 inch box tree shall be no less
than one and three-quarters inch caliper and at least seven
feet in height above grade at the time of planting.
Usable Open Space. Outdoor space which is specifically
designed and constructed to be occupied by and used by
residents of the dwelling units on a lot.
Use. The purpose or activity for which land is zoned or
a structure is intended or used.
Variance. A discretionary permit obtained in accordance
with Subchapter 10E.
Very Low Income Household. A household whose gross
annual income is between 0% and 50% of the median income of
the Los Angeles-Long Beach-Anaheim Primary Metropolitan
Statistical Area (PMSA), as determined periodically by the
U.S. Department of Housing and Urban Development (HUD),
adjusted for household size.
Warehouse. A building, group of buildings, or a portion
of a building used for the storage of goods and materials.
Yard. An open space situated between lot lines and not
covered by buildings.
Yard, Front. A space extending the full width of the
lot between any building and the front lot line, and
measured perpendicular to the building at the closest point
to the front lot line. The front yard shall be unoccupied
and unobstructed from the ground upward except as may be
permitted by this Chapter.
Yard Sale. Any sale held for the purpose of selling,
trading, or otherwise disposing of unwanted household
furnishings, personal goods, or other tangible properties
under control of the person holding such sale and conducted
in a residential district.
Yard, Side. A space extending the full depth of the lot
between the principal building and the side lot line
measured perpendicular from the side lot line to the
closest point of the principal building. The side yard
shall be unoccupied and unobstructed from the ground upward
except as may be permitted by this Chapter.
Yard, Street Side. A space extending the full depth of
the lot between the principal building and the side lot
line adjacent to a public street right-of-way measured
perpendicular from the side lot line to the closest point
of the principal building. The street side yard shall be
unoccupied and unobstructed from the ground upward except
as may be permitted by this Chapter.
Yard, Rear. A space extending the full width of the lot
between the principal building and the rear lot line
measured perpendicular from the rear lot line to the
closest point of the principal building. The rear yard
shall be unoccupied and unobstructed from the ground upward
except as may be permitted by this Chapter.
Zoning Ordinance. The Comprehensive Land Use Ordinance
of the City of Santa Monica.
SECTION 4. Section 9080.2 of the Santa Monica
Municipal Code is amended to read as follows:
SECTION 9080.2 Legal, Nonconforming Buildings. A
legal, nonconforming building is a structure which lawfully
existed on the effective date of this Chapter but which
does not comply with one or more of the property
development standards for the district in which it is
located. A legal, nonconforming building may be maintained
as follows:
(a) Repairs and Alterations.
(1) Repairs and alteration may be made to
nonconforming residential buildings in R1 and multi-family
districts.
(2) Repairs and alterations may be made to
nonconforming commercial or industrial buildings provided
there is no expansion or increase in the square footage of
the existing building.
(3) Changes to interior partitions or other
nonstructural improvements and repairs may be made to a
nonconforming commercial or industrial building but the
cost of improvement and repair shall not exceed one-half
the replacement cost of the nonconforming building over any
five year period.
(4) The replacement cost shall be determined at
the time of building permit application by the Building
Officer, whose decision may be appealed to the Building and
Safety Commission.
(b) Additions and Enlargements. An addition to or
enlargement of a nonconforming building shall be permitted
if the addition or enlargement is made to conform to all
the regulations of the district in which it is located,
except that:
(1) A building not conforming as to height
regulations may be added to or enlarged, provided such
addition or enlargement conforms to all of the regulations
of the district in which it is located, including the total
floor area permitted on the parcel.
(2) A residential building lacking sufficient
parking space as required by Subchapter 5E may be added to
or enlarged provided additional parking spaces are supplied
to meet the requirements of Subchapter 5E for the new
addition. Additional parking shall be required for the
addition of bedrooms.
(3) A commercial or industrial building lacking
sufficient parking spaces as required by Subchapter 5E may
be added to or enlarged provided that additional parking
spaces are supplied to meet the requirements of Subchapter
5E for the addition or enlargement, and provided that no
single or cumulative addition or enlargement exceeds 25% of
the floor area of the building existing on the effective
date of this Chapter.
(4) A commercial or industrial building lacking
sufficient parking spaces as required by Subchapter 5E may
be added to or enlarged beyond 25% of the floor area of the
building existing on the effective date of this Chapter,
provided additional parking spaces are supplied to meet the
requirements of Subchapter 5E for the floor area of the
entire building.
(c) Replacing Nonconforming Features or Portions of
Buildings. Nonconforming features or portions of buildings
that are removed shall not be replaced unless they conform
to the provisions of this Chapter.
(d) Moving. No nonconforming building shall be moved
in whole or in part to any other location on the parcel
unless every portion of the building is made to conform to
all of the regulations of the district in which it is
located.
(e) Restoring. A nonconforming building which is
damaged or destroyed to an extent of less than one-half of
its replacement cost immediately prior to such damage may
be restored to its original condition only if the
restoration is commenced within one year of the date the
damage occurs and is diligently completed.
(f) A nonconforming building which is damaged or
destroyed to an extent of one-half or more of its
replacement cost immediately prior to such damage may not
be restored to its nonconforming condition but must be made
to conform to the provisions of this Chapter. A designated
landmark structure or historically significant building
identified in the Historic Resources Survey as a category 1
through 5 structure which is damaged or destroyed may be
rebuilt if the building is rebuilt to its square footage,
site orientation, and height and setbacks, that existed
prior to the destruction.
SECTION 5. Santa Monica Municipal Code Sections 9150.5
through 9150.8 are amended to read as follows:
Section 9150.5. Enforcement. In addition to any other
remedy provided for by law, the Zoning Administrator may
take the following action for any violation of this Chapter
or of the terms and conditions of any permit or approval as
provided for in Section 9150.3:
(a) Institute proceedings as provided for by this
Chapter to revoke or suspend any permit or approval.
(b) Revoke the business license held by any violator as
provided for in Section 9150.6.
(c) Impose an enforcement fee as provided for in
Section 9150.8.
(d) Cause to be issued a citation as provided for in
Section 9150.9.
(e) Request that the City Attorney take appropriate
enforcement action. Referral by the Zoning Administrator
is not a condition precedent to any enforcement action by
the City Attorney.
Section 9150.6. Business License Revocation or
Suspension.
(a) Notwithstanding any other provision of this Code,
the Zoning Administrator may suspend a business license for
30 days or less, or may revoke a business license issued
pursuant to Article VI of the Code, if the holder of such
business license has violated the provisions of this
Chapter or the terms and conditions of any permit or
approval as provided for in Section 9150.3, in accordance
with the procedure set forth in this Section.
(b) Upon being notified of a second violation of this
Chapter, or the terms and conditions of any permit or
approval, within a three (3) year period from the date of
the first violation, the Zoning Administrator shall notify
the person that a third violation within such three (3)
year period may result in the suspension or revocation of
the person's business license.
(c) Upon being notified of a third violation of this
Chapter, or the terms and conditions of any permit or
approval within a three year period from the date of the
first violation, the Zoning Administrator may notify the
person of the revocation or suspension of the person's
business license.
(d) Any notice of revocation or suspension issued
pursuant to this Section shall be final upon the expiration
of the appeal period if no appeal is timely filed or upon
the decision of the Planning Commission if an appeal is
timely filed.
Section 9150.7 Right to Appeal. Any person may appeal
the suspension or revocation of the business license in
accordance with the following procedures:
(a) A notice of appeal shall be filed with the Zoning
Administrator within fourteen (14) days from the date of
the notice of revocation or suspension.
(b) The Planning Commission shall hold a hearing on the
appeal within 60 days of the date of the filing of the
appeal. The City shall give the appellant at least ten
(10) days notice of the time and place of the hearing. The
Planning Commission shall render a decision within 15 days
of the date of the hearing.
(c) The decision of the Planning Commission shall be
final except for judicial review and there shall be no
appeal to the City Council.
(d) Any notice revoking or suspending a business
license pursuant to this Section shall set forth the appeal
rights as provided for in this subsection.
Section 9150.8 Enforcement Fees.
(a) An enforcement fee shall be paid to the City by
each person who has violated the provisions of this Chapter
or the terms and conditions of any permit or approval as
provided for in Section 9150.3. The purpose of this fee is
to recover the costs of enforcement from any person who
violates the provisions of this Chapter or any permit or
approval.
(b) Fees shall be assessed as follows:
(1) For the first violation there shall be no
fee.
(2) For the second violation within a three (3)
year period from the date of the first violation, the fee
shall be $100.00.
(3) For the third violation and each subsequent
violation within a three (3) year period from the date of
the first violation, the fee shall be $200.00.
(c) The Zoning Administrator shall cause to be issued a
notice imposing fees under this Section. The notice shall
provide that the fee shall be due and payable within 15
days from the date of the notice. A penalty of ten percent
per month shall be added to any fees that have not been
paid when due.
(d) Any person upon whom fees have been imposed
pursuant to this Section may appeal the action in
accordance with the following procedure:
(1) A notice of appeal shall be filed with the
Zoning Administrator within 10 days of the date of the
notice.
(2) At the time of filing the notice of appeal,
the appellant shall deposit with the City Treasurer money
in the amount of all fees due. If, as a result of the
hearing, it is determined that the City is not entitled to
all or a portion of the money, the City shall refund to the
person all or a portion of the money deposited.
(3) The Planning Commission shall hold a hearing
on the appeal within 45 days of the date of filing of the
appeal. The City shall give the appellant at least five
days notice of the time and place of the hearing. The
Planning Commission shall render a decision within 15 days
of the date of the hearing. The purpose of the hearing
shall be limited to whether or not the violation occurred.
(4) The decision of the Planning Commission shall
be final except for judicial review and there shall be no
appeal to the City Council.
(5) Any notice issued pursuant to this Section
shall set forth the appeal rights as provided for in this
subsection.
SECTION 6. Section 9150.9 is added to the Santa Monica
Municipal Code to read as follows:
Section 9150.9 Citations. Pursuant to Penal Code
Section 836.5, the Senior Zoning Inspector and Zoning
Inspectors may arrest a person whenever he or she has
reasonable cause to believe that the person to be arrested
has committed a misdemeanor in his or her presence which is
a violation of this Chapter or the terms and conditions of
any permit or approval as provided for in Section 9150.3.
In any case in which a person is arrested pursuant to this
Section and the person arrested does not demand to be taken
before a magistrate, the Senior Zoning Inspector or Zoning
Inspector shall prepare a written notice to appear and
shall release the person on his or her promise to appear as
provided for in Section 3606 of this Code.
SECTION 7. Section 9113.3 of the Santa Monica Municipal
Code is amended to read as follows:
Section 9113.3. Applicability. The Zoning
Administrator may grant a variance from the requirements of
this Chapter to:
(a) Allow modification of the minimum lot sizes or
minimum parcel dimensions.
(b) Allow the reduction of the automobile parking space
or loading space requirements.
(c) Allow the modification of fence heights.
(d) Allow the modification of yard setbacks or parcel
coverage on:
(1) Parcels having a depth of 90 feet or less or
a width of 39 feet or less.
(2) Non-rectilinear parcels or rectangular
parcels on which parallel property lines differ in length a
minimum of five feet.
(3) Parcels with a 12.5 foot grade differential
or more, as measured from either any point on the front
parcel line to any point on the rear parcel line, or from
any point on a side parcel line to any point on the
opposing side parcel line.
(4) Additions to the same floor of an existing
building which is non-conforming as to yard setbacks, where
such addition follows the line of the existing building but
in no case is closer than four feet to a property line.
(5) Parcels in the "CM" District on which
relocated structures that are identified on the Historical
Resources Survey as having a value of 1 through 5D or which
are determined to be historically significant by the
Landmarks Commission are located. A variance may apply
only to the relocated structure.
(e) For projects conforming to state density bonus
guidelines, allow encroachment into no more than 15 percent
of one side yard setback, and into 15 percent of either the
front or rear yard setback, and, except in those zones
where an increase in parcel coverage for state density
bonus projects is already permitted, allow an increase in
parcel coverage by no more than ten percent of parcel area.
In no case shall a rear yard setback of less than five (5)
feet be allowed.
(f) Allow buildings to exceed district height limits by
no more than five (5) feet in one of the following
situations:
(1) If a parcel has a grade differential of 12.5
feet or more, as measured from either any point on the
front parcel line to any point on the rear parcel line, or
from any point on a side parcel line to any point on the
opposing side parcel line.
(2) To allow an addition to an existing
structure that is legally non-conforming as to height
provided the addition does not exceed the height line of
the existing building.
(g) Allow an addition to an existing building that is
legally non-conforming as to height provided all of the
following criteria are met:
(1) The addition does not exceed the height line
of the existing building.
(2) The addition does not exceed two (2) percent
of the total floor area of the building.
(3) The addition does not increase lot coverage
or the overall footprint of the building.
(4) The addition does not increase the density
or number of inhabitants or increase the intensity of use
of the building.
(5) The addition otherwise conforms to the
regulations of the district in which it is located.
(6) There is no feasible alternative method of
attaining the desired use.
(7) There is no substantial adverse impact to
adjacent buildings, existing streetscape, privacy, nor
significant increases to the mass and bulk of the building.
(h) Allow the modification of the required front yard
setback to allow, in the case of existing development, a
detached garage provided all of the following criteria are
met:
(1) The lot is less than 100 feet in depth.
(2) The on site use is a single-family dwelling.
(3) No alley access is available to the site.
(i) Allow the modification of the side yard setback for
primary windows in the OP-2, OP-3, and OP-4 Districts when
the imposition of the required setback would severely
constrain development on the project, an alternative
setback would still satisfy private open space
requirements, and maintain privacy for the occupants of the
project.
SECTION 8. Section 9044.4 of the Santa Monica Municipal
Code is amended to read as follows:
Section 9044.4. Number of Parking Spaces Required.
RESIDENTIAL
(FA = floor area)
MAXIMUM PERCENT
MINIMUM OFF-STREET COMPACT SPACES
_USE PARKING REQUIREMENT ALLOWED________
Detached single 2 spaces in a garage per None
family units dwelling unit
Condominiums:
Studio, no bedrooms 1.0 covered space None
1 & 2 bedrooms 2 covered spaces per unit None
Each bedroom over 2 0.5 covered spaces per extra
bedroom
Visitor spaces 1 space per 5 units (applies 30%
to projects of 5 or more units)
Multi-family resi-
dential:
Studio, no bedrooms 1.0 space None
1 & 2 bedrooms 2 spaces per unit None
Each bedroom over 2 0.5 spaces per extra bedroom
Visitor spaces 1 space per 5 units (applies
to projects of 5 or more 30%
units)
MAXIMUM PERCENT
MINIMUM OFF-STREET COMPACT SPACES
_USE PARKING REQUIREMENT ALLOWED________
Surface parking shall be pro-
vided in the rear half of the
residential lot.
Child Day Care 2 spaces in addition to those
Center required for the residence
Rooming houses, 1 covered space per bedroom 30%
boarding homes,
clubs, or fraternity
type housing with
sleeping facilities
Hotels, Motels 1 space per guest room plus 40%
1 space for each 200 sq. ft.
used for meetings and banquets.
Other uses such as bars and
restaurants shall provide
parking in conformance with the
requirements for Commercial Uses
listed below.
Senior group housing 1 space per unit 40%
1 guest space per 5 units
Senior group housing 0.5 space per unit 40%
that is deed re- 1 guest space per 5 units
stricted for low-
moderate income
levels
COMMERCIAL
(FA = floor area)
MAXIMUM PERCENT
MINIMUM OFF-STREET COMPACT SPACES
_USE PARKING REQUIREMENT ALLOWED________
Automobile rental 1 space per 500 sq.ft. 40%
agency of FA plus 1 space per 1,000
sq. ft. of outdoor rental
storage area*
Automobile repair 1 space per 500 sq.ft. of FA 40%
plus 2 spaces per service
bay*
Automobile service 2 spaces per service bay plus 40%
station with or 3 spaces if full service, 1
without mini-mart space if self service, plus 1
space for each 100 sq.ft. of
retail
Automobile sales 1 space per 400 sq. ft. of floor
area for showroom and office,
plus 1 space per 2,000 sq. ft. of
exterior display area, plus 1
space per 500 sq. ft. for
automobile repair, plus 1 space
per 300 sq. ft. for the parts
department.
Auto washing (self- 2 spaces for each washing None
service or coin stall
operated)
Barber Shop, beauty 1 space per 300 sq. ft. 40%
parlor or nail salon
Banks and commercial 1 space per 300 sq.ft. 40%
savings and loan on the 1st floor. Other
institutions office above 1st floor shall
comply with general office
use requirement.
General office 1 space per 300 sq. ft. of FA 40%
*No required off-street parking space shall be used for sale,
rental, or repair of autos.
MAXIMUM PERCENT
MINIMUM OFF-STREET COMPACT SPACES
_USE PARKING REQUIREMENT ALLOWED________
Restaurant:
Restaurant 1 space per 300 sq. ft. of 40%
support area; 1 space per
75 sq. ft. of service and
seating area; and 1 space per
50 sq. ft. of separate bar area.
Fast food, 1 space per 75 sq.ft. of FA. 40%
take-out, drive- Minimum of 5 spaces must be
through provided.
restaurants
Bars and night- 1 space per 50 sq.ft. of FA. 40%
clubs (dance Portions of restaurants that
halls, discos, include bars shall be calcu-
etc.) lated using this standard.
Retail, general 1 space per 300 sq.ft. of FA. 40%
merchandising which Loading zone required.
is not located in a
shopping center
Retail, furniture 1 space per 500 sq.ft. of FA. 40%
and appliance Loading zone required.
Lumber yards, plant 1 space per 300 sq.ft. of FA 40%
nurseries for interior retail plus 1
space per 1,000 sq.ft. of
outdoor area devoted to display
and storage. Loading zone
required.
EDUCATIONAL
(FA = floor area)
MAXIMUM PERCENT
MINIMUM OFF-STREET COMPACT SPACES
_USE PARKING REQUIREMENT ALLOWED________
Libraries 1 space per 250 sq. ft. of 40%
FA
Auditoriums 1 space per 4 fixed seats 40%
MAXIMUM PERCENT
MINIMUM OFF-STREET COMPACT SPACES
_USE PARKING REQUIREMENT ALLOWED________
Child care, pre- 1 space for each staff member, 40%
school, nursery 1 space for each 5 children
schools
Private elementary 10 spaces plus 1 space per 40%
and junior high classroom
school
Private high schools 20 spaces plus 5 spaces 40%
per classroom
Private colleges 10 spaces plus 30 spaces per 40%
classroom
Professional business 1 space per 150 sq.ft. of FA 40%
or trade schools in-
cluding beauty
colleges
Museums and galleries 1 space per 300 sq.ft. of FA 40%
Stadiums 1 space per 5 seats 40%
HEALTH SERVICES
(FA = floor area)
MAXIMUM PERCENT
MINIMUM OFF-STREET COMPACT SPACES
_USE PARKING REQUIREMENT ALLOWED________
Convalescent homes 1 space per 2 beds 40%
Hospitals and 1 space per 40%
medical centers 3 beds plus 1 space per
150 sq. ft. of FA for out-
patient use (min)
Medical and dental 1 space per 250 sq.ft. of 40%
offices and clinics FA
Veterinarians, animal 1 space per 250 sq. ft. of 40%
and veterinary FA
hospitals
Emergency medical 1 space per 200 sq.ft. of FA 40%
centers
INDUSTRIAL SERVICES
(FA = floor area)
MAXIMUM PERCENT
MINIMUM OFF-STREET COMPACT SPACES
_USE PARKING REQUIREMENT ALLOWED________
Light and limited 1 space per 300 sq. ft. of 40%
industrial manufac- FA for manufacturing plus 1
turing space per 250 sq. ft. of FA
for office use
Warehousing or 1 space per 1,000 sq. ft. 40%
warehousing included
with industrial uses
Mini-Warehousing/ 1 space per 4,000 sq. ft. of FA 40%
Storage for mini-warehousing/storage
use plus 1 space per 250 sq. ft.
of FA for office use. Loading
zone required.
COMMERCIAL ENTERTAINMENT AND RECREATION
(FA = floor area)
MAXIMUM PERCENT
MINIMUM OFF-STREET COMPACT SPACES
_USE PARKING REQUIREMENT ALLOWED________
Bowling alleys 2 spaces per lane 40%
Billiard or pool 1 space per 80 sq. ft. of 40%
parlors, roller or FA of assembly areaice skating rinks,
exhibition halls and
assembly halls without
fixed seats, including
assembly areas within
community centers,
private clubs, lodge
halls, and union head-
quarters
Theaters, cinemas 1 space per 4 fixed seats or 40%
(single and multi- 1 space per 80 sq. ft. of FA
screen) and other of assembly area, whichever is
places of assembly greater
MAXIMUM PERCENT
MINIMUM OFF-STREET COMPACT SPACES
_USE PARKING REQUIREMENT ALLOWED________
Tennis, handball, 2 spaces per court plus 1 space 40%
and racquetball and per 80 sq. ft. or 1 space per
other athletic 4 fixed spectator seats,
court facilities whichever is greater
Health clubs and 1 space per 80 sq. ft. of FA 40%
indoor athletic
facilities and
exercise studios
Dance studios 1 space per 300 sq. ft. of FA 40%
MISCELLANEOUS
(FA = floor area)
MAXIMUM PERCENT
MINIMUM OFF-STREET COMPACT SPACES
_USE PARKING REQUIREMENT ALLOWED________
Places of worship & 1 space per 80 sq.ft. of 40%
other places of FA of assembly area, or
assembly including requirement for office
mortuaries, banquet space and school uses as
facilities and applicable or 1 space for
convention facilities each 4 fixed seats, whichever
is greatest.
Shelters for the 1 space for every 10 beds, 40%
homeless but in no case less than
2 spaces
Hospice facilities 2 spaces 40%
with six persons or
less living on the
premises
SECTION 9. Section 9517 is added to the Santa Monica
Municipal Code to read as follows:
Section 9517. Posting of Property. Within 10
days after an application for architectural review
for a major project has been filed, the applicant
shall post the property in a manner set forth by the
Zoning Administrator. For purposes of this Section,
a major project is defined to include any project in
excess of 15,000 square feet.
SECTION 10. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 11. 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 12. 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:
__________________________________
ROBERT M. MYERS
City Attorney