Council Mtg: October 17, 1995 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Ordinance for Introduction and First Reading Approving
Text Amendment 93-008 to Revise the Definitions Section
of the Zoning Ordinance and Text Amendment 93-009 to
Amend the Adjustment Section of the Zoning Ordinance
INTRODUCTION
This matter was before the City Council on March 28, 1995 at
which time the Council approved a revised definition of "average
natural grade" and continued the remaining amendments to allow
time to address various issues raised by Councilmembers. Staff
has reviewed these comments and this report discusses changes
made as a result of Council comments. A revised version of the
proposed ordinance is attached. In addition, this version of the
ordinance includes the definition of "nightclub" approved by the
Council on October 10, 1995, and a modified version of the
"restaurant" definition approved on October 10.
Staff recommends that the City Council introduce for first
reading the attached ordinance approving Text Amendment 93-008 to
revise Section 9.04.02.030 of the Municipal Code, the Definitions
Section of the Zoning Ordinance, and Text Amendment 93-009 to
amend Part 9.04.20.34 of the Municipal Code regarding
Adjustments.
BACKGROUND
Text Amendment 93-008 is intended as a "clean-up" of the Zoning
Ordinance Definitions Section, which defines terms used
throughout the Zoning Ordinance. Also proposed is an amendment
to the Adjustment section of the code.
Revisions to Proposed Ordinance
At the March 28, 1995 Council meeting at which this item was
originally considered, Councilmembers made comments regarding
various definitions. Staff has reviewed a number of the proposed
definitions and incorporated changes in the attached ordinance.
Each of the revisions are discussed below. In addition, the
definitions of "nightclub" and "restaurant" recently approved by
the Council have been incorporated into these amendments with a
modification to the restaurant definition to clarify the
application of the new definition to existing restaurants.
A format change to the definitions section has also been made.
Each definition has been separately numbered for ease of citation
and to allow amendments to individual definitions without the
requirement that the entire definitions section be re-enacted.
Accessory Building. As originally proposed, this definition
would have required a minimum separation between the primary
building and an accessory building of at least five feet. For
consistency with provisions of the Uniform Building Code
regarding separation between buildings, the required distance has
been revised to six feet. In addition, language is added to
clarify what nature of attachment would make an accessory
structure part of the primary building.
Bakery. This definition has been revised to delete the phrase
"or portion thereof" so as to more specifically define this use.
Similar revisions were made to the definitions of "Delicatessen",
"Incidental Food Services", and "Liquor Store".
Basement. A reference to the Ocean Park districts was added to
this definition for clarification.
Beverage Facility, Non-Alcoholic. This definition (originally
titled "coffeehouse") was created in the context of special
regulations pertaining only to the Bayside District. Since it is
not used in any other district, it has been deleted from the
general Zoning Ordinance definitions, but this or a similar
definition will be used in the permanent Bayside regulations.
Bed and Breakfast Facility. The word "generally" was added to
reflect the fact that on occasion persons may stay at such
establishments longer than thirty days. A similar change has
been made to the definitions of "hotel" and "motel".
Boarding House. The phrase "unrelated to the person letting the
room" was deleted as unnecessary language, and the phrase "and
where there is on-site facility management" was added to further
clarify the nature of such use. In addition, the revised
definition specifies that meals are provided.
Change of Use. The phrase "in that such new use would have a
different parking requirement or require a new planning permit or
is otherwise differently regulated by the Zoning Ordinance as
compared to the prior use" was added to the first sentence of
this definition to add more specific parameters as to what
constitutes a change of use.
Delicatessen. The phrase "or portion thereof" and the word
"primarily" have been deleted from the definition to provide
greater clarity.
Dwelling Unit. As previously proposed, an amendment would have
added the words "in a building or portions thereof" after the
word "rooms". This change is being deleted as unnecessary.
Finished First Floor. A reference to the Ocean Park district has
been added to this definition; a similar addition was also made
to the definition of Garage, Semi-Subterranean.
Garage. In lieu of the word "used" the phrase "designed for use"
has been substituted in the second line of this definition.
Garage, Semi-Subterranean, Grocery Store, and Grocery Store,
Neighborhood. Minor wording changes have been made to these
definitions for greater clarity.
Incidental Food Service. Clarifying changes have been made to
this definition. In addition, instead of simply stating that
"table service is not provided" the definition has been revised
to state that orders for food are not taken from the table.
Liquor Store. The reference to "wine store" has been deleted
from this proposed definition as unnecessary.
Mezzanine. A comment was made that mezzanines should be
permitted to have closets. This would be consistent with the
recommendation of the Planning Commission, however staff
recommends that the requirement that mezzanines be open areas
should be maintained.
Nightclub. The changes to this definition are consistent with
those approved by the City Council at the October 10, 1995
meeting.
Restaurant. The changes to this definition are consistent with
those approved by the City Council at the October 10, 1995
meeting, with the addition of language clarifying the application
of the new definition to existing restaurants.
Restaurant, Fast-Food or Take-Out. A reference to "Drive-
through" restaurants has been added to the title of this
definition. In addition, the use of the term "inexpensive" food
has been deleted, since there are growing numbers of fast-food
outlets that provide higher-priced fast-food.
Story. The phrase "or the portion between a floor and the roof
or attic" has been added to this definition for clarification.
Substantial Remodel. Concern has been expressed that the
definition which was originally proposed would result in
significant problems in remodelling projects where rot or other
unanticipated deficiencies are encountered in the construction
process and walls that were intended to remain would be
considered "demolished". That definition would have considered a
wall to be demolished if plaster or wallboard on both sides of
the wall is removed. On July 13, 1995, the Planning Commission
adopted an interpretation which creates an alternative approach
to address these issues. The currently-proposed definition would
be consistent with this interpretation. A wall would be
considered maintained as long as the framing and foundation are
substantially intact.
Adjustment Amendment. This amendment was intended to address
situations where it may be appropriate to allow the retention of
existing non-conforming setbacks for buildings that are
"substantially remodelled." The amendment has been revised and
simplified to state that at least thirty-five percent of the
exterior walls must remain.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or financial impact.
RECOMMENDATION
It is respectfully recommended that the Council introduce for
first reading an ordinance amending Municipal Code Section
9.04.02.030 regarding Zoning Ordinance Definitions and Municipal
Code Section 9.04.20.34.030(g) regarding Adjustments.
Prepared by: Suzanne Frick, Director, PCD
D. Kenyon Webster, Planning Manager
Attachments:
A. Proposed Ordinance
B. Strikeout/Bold Version of Ordinance
v9
ATTACHMENT B
Definition s Text Amendment 93-008
of the Cit y of Santa Monica
Comprehens ive Land Use and Zoning Ordinance
9.04.02.030 Definitions.
The following words or phrases as used in this Chapter shall have
the following meanings:
Accessory Building. A detached building located on the same
parcel as the principal building, which is incidental and
subordinate to the principal building in terms of both size and
use. A building will be considered part of the principal
building if located less that six (6) feet from the principal
building or if connected to it by fully enclosed space.
Accessory Living Quarters. Living quarters within an accessory
building on the same premises as a single family residence.
Such quarters shall not have a kitchen, shower, or tub enclosure
and shall not be rented as a separate dwelling.
Accessory Use. Any use of land or a building or a portion
thereof which is clearly incidental to the principal use of the
land or building and located on the same parcel 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.
Affordable Housing Project. Housing in which one hundred percent
(100%) of the dwelling units are deed-restricted or restricted by
an agreement approved by the City for occupancy by low or
moderate income households. Such projects may also include non-
residential uses, as long as such uses do not exceed thirty-three
percent (33%) of the floor area of the total project.
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 building or portion of a building used as a
place of work by an artist. This shall not include performance
or exhibition space, unless otherwise permitted. Living quarters
for the artist may be permitted provided the area devoted to
living quarters does not exceed fifty percent (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 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 (1)
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.
Automobile Repair Facility. Any building, structure,
improvements, or land used for the repair and maintenance of
automobiles, motorcycles, and trucks, trailers, or similar
vehicles including, but not limited to, body, fender, muffler, or
upholstery work, oil change and lubrication, painting, tire
service and sales, or the installation of CB radios, car alarms,
stereo equipment or cellular telephones.
Automobile 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.
Automobile Storage Lot. Any property used for short- or
long-term parking of vehicles for sale or lease at an off-site or
on-site automobile dealership.
Automobile Washing Facility. Any building, structure,
improvement or land principally used for washing motor vehicles.
(Average Natural Grade. Moved to "Grade, Average Natural")
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.
Bakery. An establishment which is primarily engaged in the
retail sale of baked products for consumption off-site. The
products may be prepared either on or off site. Such use may
include incidental food service. A bakery shall be considered a
general retail use.
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 service 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 three (3) feet above the
average natural or in the Ocean Park Districts, theoretical
grade.
Bathroom, Full. A room containing a sink, a toilet, and a
shower and/or bathtub.
Bathroom, Half. A room containing a toilet and a sink.
Bay Window. An angular or curved window which projects from
the building surface. If such bay or greenhouse window includes
floor area, then it shall count towards parcel coverage.
Bed and Breakfast Facility. A building or portion thereof
which is used as a temporary lodging place for individuals
generally for less than thirty (30) consecutive days, and 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 for periods of generally at least thirty (30) days , where
meals are provided, and where there is on-site facility
management.
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 Height. The vertical distance measured from the
average natural grade to the highest point of the roof. However,
in connection with development projects in the Ocean Park
districts, building height shall mean the vertical distance
measured from the theoretical grade to the highest point of the
roof.
Building, Principal. A building in which the principal use
of the parcel on which it is located is conducted.
Building Size. The aggregate of building mass and building
bulk permitted on a parcel 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.
Carport. A permanently roofed structure providing space for
parking or temporary storage of vehicles and enclosed on not more
than three (3) sides.
Change of Use. The establishment of any use which differs
from the previous use of a building or place of business
including but not limited to having different impacts, such as
having a different parking requirement or requiring a new
planning permit or being otherwise differently regulated by the
zoning ordinance as compared to the prior use. A change of
ownership alone does not constitute a change of use.
Child Day Care Facility. A facility which provides
nonmedical care to children under eighteen (18) years of age in
need of personal services, supervision or assistance essential
for sustaining the activities of daily living or for the
protection of the individual on less than a twenty-four-hour (24)
basis. Child day care facility includes day care centers and
family day care homes. Also see Day Care Center, Family Day Care
Home, Large and Small.
Church. See Place of Worship
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 or Lodge. A building and related facilities owned or
operated by a corporation, association or group of individuals
established for the fraternal, social, educational, recreational
or cultural enrichment of its members and not primarily for
profit, and whose members pay dues. A private club or lodge
does not include a facility where the principal membership
requirement is payment of a membership or admission fee.
(Common Open Space. Moved to "Open Space, Common")
Community Care Facility. Any state licensed facility,
place, or building which is maintained and operated to provide
nonmedical residential care, day treatment, adult day care or
foster family agency services for children, adults, or children
and adults as defined in Article 1 of Chapter 3 of the California
Health and Safety Code Section 1500 et seq.
Congregate Housing. A multi-family residential facility
with shared kitchen facilities, deed-restricted or restricted by
an agreement approved by the City for occupancy by low or
moderate income households, designed for occupancy for periods of
six (6) months or longer, providing services which may include
meals, housekeeping, and personal care assistance as well as
common areas for residents of the facility.
Convalescent Home. See Rest Home.
Cultural Facilities. Museums, galleries, theaters and the
like, which promote educational and aesthetic interest within a
community.
Day Care Center. Any child day care facility other than a
family day care home, and includes infant centers, preschools,
and extended day care facilities.
Delicatessen. An establishment which is engaged in the
retail sale of food products for consumption off-site, including
but not limited to salads, cheeses, cooked meats, smoked fish,
and dried and canned goods. Such use may include incidental food
service.
Demolition. See Substantial Remodel.
Domestic Violence Shelter. A residential facility which
provides temporary accommodations to persons or families who have
been the victims of domestic violence. Such a facility may also
provide meals, counseling, and other services, as well as common
areas for the residents of the facility.
(Drive-through or Drive-In Restaurant. Moved to
"Restaurant, Fast-Food or Take-Out")
Driveway. An access road leading from a public street or
right-of way to a designated parking area, or from one parking
area to another, but not including any ramp, aisle, maneuvering
area, or driveway apron.
Duplex. One (1) structure on a single lot parcel
containing two (2) dwelling units, each of which is functionally
separated from the other. A duplex shall be considered a multi-
family dwelling.
Dwelling. A structure or portion thereof which is used
principally for residential occupancy.
Dwelling, Multi-Family. A dwelling building containing two
(2) or more dwelling units. More than one dwelling on a parcel
shall be considered a multi-family use.
Dwelling Single-Family. A building containing one (1)
dwelling unit which contains only one (1) kitchen and which is
located on a permanent foundation.
Dwelling Unit. One (1) 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 (1) 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. An exterior side wall of a building.
(Fast-Food or Take-Out Restaurant. Moved to "Restaurant,
Fast-Food or Take Out")
Family Day Care Home, Large. A home which provides family
day care for seven (7) to twelve (12) children at any one time,
including children under the age of ten (10) years who reside at
the home, as defined in State regulations.
Family Day Care Home, Small. A home which provides family
day care for six (6) or fewer children at any one time, including
children under the age of ten (10) years who reside at the home,
as defined in State regulations.
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 three (3) feet above
the average natural or in the Ocean Park Districts, theoretical
grade.
Floor Area. The total gross horizontal areas of all floors
of a building, including usable basements below the roof and all
areas measured from the interior face of exterior walls, or a
wall separating two buildings excluding:
(a) Stairways and stairwells;
(b) Elevators, elevator equipment rooms and elevator
shafts;
(c) Ramps to a subterranean or semisubterranean parking
structure or ramps between floors of a parking structure provided
the ramp does not accommodate parking;
(d) Unenclosed decks, balconies, and platforms not used for
commercial or restaurant activity;
(e) Ccourtyards, arcades, atria, paseos, walkways and
corridors open to the outdoors whether or not covered by a roof
provided they are not used for commercial or restaurant activity;
(f) The volume above interior courtyards, atria, paseos,
walkways, and corridors whether covered or not;
(g) Subterranean and semisubterranean parking structures
used exclusively for parking and loading and unloading;
(h) At grade parking not covered by a building, structure,
or roof;
(i) Loading docks open or covered by a roof or canopy, but
otherwise unenclosed and used exclusively for loading and
unloading;
(j) Mechanical equipment rooms, electrical rooms, telephone
rooms, and similar space, if located below grade.
Floor area shall include those areas occupied by the
following:
(a) Restrooms, lounges, lobbies, kitchens, storage areas,
and interior hallways and corridors;
(b) The floor area of interior courtyards, atria, paseos,
walkways, and corridors covered by a roof or skylight;
(c) Covered at-grade parking;
(d) Above grade parking.
Floor area devoted to covered at-grade parking shall be
counted at two-thirds (2/3) of the actual area if all of the
following conditions are met:
(a) The floor devoted to parking does not exceed ten (10)
feet in height;
(b) There is at least one (1) level of subterranean or
semi-subterranean parking provided on the lot parcel;
(c) The at-grade and above grade parking levels are
screened from view;
(d) There is no parking on the ground floor within forty
(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 parcel divided by the lot parcel area.
Game Arcade. Any establishment or portion thereof in which
there are four or more games or amusements. These games or
amusements, include but are not limited to, electronic and video
games, and pinball machines, shooting gallery, table games, and
similar amusement devices whether coin operated or on free play.
Garage. An enclosed accessory building or portion of a
principal building designed for use for the parking or temporary
storage of vehicles.
Garage, Semi-Subterranean. A structure located partly
underground used for parking and storage of vehicles, where the
finished floor of the first level of the structure not more than
three feet above the average natural, or in the Ocean Park
Districts, theoretical grade of the parcel, except for openings
for ingress and egress.
Garage, Subterranean. A structure entirely 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. A Bbusinesses which is are engaged in
selling goods or merchandise to the general public and which may
provides services incidental to the sale of such goods.
Grade, Average Natural Grade. The average elevation of the
ground level of the parcel surface in its natural state as
measured at the intersection of the rear and front setback lines
(if any) with the side setback lines of the parcel. For parcels
with a grade differential of 12.5 feet or more, as measured from
either any point on the front setback line to any point on the
rear setback line, or from any point on a side setback line to
any point on the opposing setback line, Average Natural Grade
shall be calculated on three equal segments of the parcel created
by drawing imaginary lines connecting opposite parcel lines at
the intersection of the rear and front setback lines (if any)
with the side setback lines at 1/3 increments of the depth of the
parcel from the rear to the front setback (if any). This height
calculation method shall be optional for parcels with less than a
12.5-foot grade differential. Also see Grade, Theoretical.
Grade, Theoretical. An imaginary line from the midpoint of
the lot parcel on the front property line to the midpoint of the
lot parcel on the rear property line, from which height
calculations in the Ocean Park District are measured.
Grading. Any stripping, cutting, soil removal, filling or
stockpiling of earth or land.
Grocery Store. Any market or supermarket selling a full
range of food products including meat, dairy, vegetable, fruit,
dry goods and beverages where the total square footage exceeds
3,000 square feet of floor area.
Neighborhood Grocery Store, Neighborhood. Any small market
not exceeding three thousand (3,000) square feet of floor area
selling a full range of food products including meat, dairy,
vegetable, fruit, dry goods, and beverages where the total square
footage exceeds 3,000 square feet of floor area.
Groundcover. A low-growing woody or herbaceous plant with
low, compact growth habits which normally crawls or spreads, and
which forms a solid mat or dense cover over the ground within two
years of installation. Mature heights of groundcover will
usually range from three (3) inches to three (3) 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 fifty
(50) feet of the front of the lot parcel.
Habitable Space. Space in a dwelling unit for living,
sleeping, eating, or cooking. Bathrooms, closets, halls, attics,
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 Part 9.04.20.04 to allow a home occupation.
Homeless Shelter. A residential facility, other than a
community care facility, operated by a provider which provides
temporary accommodations to persons or families with low income.
The term "temporary accommodations" means that a person or family
will be 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, and which may also provide meals, counseling and other
services, as well as common areas for residents of the facility.
Such a facility may have individual rooms, but is not developed
with individual dwelling units, with the exception of a manager's
unit.
Hospice. A facility that provides residential living
quarters for up to six (6) 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 generally less than thirty (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 use of a building, room, or
space or portion thereof for the on-site sale and consumption of
where food and/or beverages is sold at retail where less than two
hundred fifty (250) square feet (interior and exterior) is
utilized for on-site consumption of any food and/or beverage,
including seating, counter space or other eating arrangement,
where the number of seats does not exceed 20 and where orders for
food or beverages are not taken from the table. The seating area
shall be defined by fixed barriers, such as full or partial
walls, fencing, or planters. The consumption area cannot exceed
33% of the floor area of a primary permitted on-site use.
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 parcel which consists of living plant material including, but
not limited to, trees, shrubs, woody and herbaceous groundcovers,
grass, flowers, vines, irrigation systems and other design
features commonly used in landscaping, but not including
walkways, driveways, patios and other landscape features that use
smooth concrete or asphalt.
(Large Family Day Care Home. Moved to "Family Day Care
Home, Large")
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.
Liquor Store. An establishment primarily engaged in the
retail sale of packaged alcoholic beverages, such as ale, beer,
wine, and liquor, for consumption off the premises.
Living Area. The interior habitable area of an existing
principal dwelling unit including a basement but and shall not
includeing 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
parcel with a building for the temporary parking of a vehicle
while loading or unloading of goods.
Loft. See Mezzanine. A loft is considered a mezzanine.
Lot. A lot. See parcel.
Low-Income Household. A household whose gross annual income
does not exceed sixty percent (60%) of the median income of the
Los Angeles-Long Beach-Anaheim Primary Metropolitan Statistical
Area (PMSA), as determined periodically by the U.S. Department of
Housing and Urban Development (HUD), adjusted for household size.
If a provision of the Municipal Code otherwise specifically
defines low income household, then that definition governs the
application of that Section. See Moderate Income Household and
Very Low Income Household.
Manufactured House. A residential structure built off-site
and moved to a designated site for placement on a permanent
foundation.
Medical Use. A business which is primarily engaged in
providing services for health maintenance, diagnosis or treatment
of human disease, pain, injury, or physical condition, including,
but not limited to, offices of acupuncturists, chiropractors,
dentists, optometrists, physicians, and podiatrists.
Mezzanine. An intermediate level without walls or
partitions, bathrooms, closets, or screens, placed in any story
or room and open to one room 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 seven (7) feet. No more than one continuous
mezzanine may be permitted in any one room. When the total floor
area of any such mezzanine exceeds one-third (1/3) of the total
floor area in the room below, it shall constitute an additional
story. A mezzanine shall be considered a loft.
Middle-Income Household. A household whose gross annual
income is one hundred percent (100%) 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.
Mini-Mart. A small retail store selling commonly purchased
groceries, fast-foods, household goods, and impulse items, and
located on the same lot parcel 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 parcel or
building with two (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.
Mobilehome Park. See Trailer Park. Any area or tract of
land used or designed to accommodate one (1) or more trailers in
use for long-term human habitation with minimum facilities for
water, sewer, electricity and laundry.
Moderate-Income Household. A household whose gross annual
income does not exceed one hundred percent (100%) of the median
income of the Los Angeles-Long Beach-Anaheim Primary Metropolitan
Statistical Area (PMSA), as determined periodically by the U.S.
Department of Housing and Urban Development (HUD), adjusted for
household size. If a provision of the Municipal Code otherwise
specifically defines moderate-income household, then that
definition governs the application of that Section. See Low
Income Household and Very Low Income Household.
Motel. An establishment providing transient accommodations
containing six (6) or more rooms with at least twenty-five
percent (25%) of all rooms having direct access to the outside
without the necessity of passing through the main lobby of the
building. Rooms in such an establishment shall be generally
provided for periods of less than thirty (30) consecutive days.
(Neighborhood Grocery Store. Moved to "Grocery Store,
Neighborhood".)
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.
Nightclub. An establishment which provides music, dancing,
other entertainment, and which may also serve food or drink, but
which does not otherwise qualify as a "bar" or "restaurant."
Nonconforming Building or Structure, Legal. A structure,
the size, dimension or location of which were lawful prior to the
effective date of the ordinance codified in this Chapter or any
amendment thereto, but which fails to conform to the present
requirements of the zZoning district Ordinance.
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:
(a) The hazardous waste is transported via commercial
railroad, a public-owned road or public waters, where adjacent
land is not owned by or leased to the producer of the waste.
(b) The hazardous waste is at a site which is not owned by
or leased to the producer of the waste.
(c) The hazardous waste is at a site which receives
hazardous waste from more than one producer.
Specialty Office, Specialty. Uses intended to provide a
service without requiring an appointment such as travel agencies,
real estate offices and insurance agencies.
Common Open Space, Common. Usable open space which is for
the use of the residents of two or more dwelling units. Any
outdoor area, not dedicated for public use, which is designed and
intended for the common use and enjoyment of the residents or
occupants of the development.
Private Open Space, Private. Usable open space, including
but not limited to, a deck, yard, patio, or combination thereof,
which is specifically designed and constructed to be occupied and
used by the resident of a dwelling unit and which is adjacent to,
accessible from, and at the same or approximate elevation as the
primary space of the dwelling unit.
Outdoor Storage. The keeping, in an unroofed area, of any
goods, junk, material, merchandise, or vehicles in the same place
for more than seventy-two (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
extending 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 (2) or more lots combined to be used, developed, or built
upon as a unit as provided for in Section 9.04.06.010.
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 (2) or more
streets at their intersection, or upon two (2) parts of the same
street forming an interior angle of less than one hundred thirty-
five (135) degrees.
Parcel Coverage. The area of a parcel covered by a building
or structure. Parcel coverage shall include the following: the
area of parcel directly covered by the footprint of all buildings
or structures on the parcel; the area of a parcel directly below
any upper portion of a building or structure that is cantilevered
beyond the edge of the first level of a building or structure
except for permitted projections as specified in Section
9.04.10.02.180; and the area of a parcel directly below those
portions of any balcony, stairway, porch, platform, or deck that
is enclosed on at least three sides.
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 (1) 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 triangular
or otherwise irregularly shaped parcel, a line ten (10) 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 lot which fronts on two (2) parallel
streets or which fronts upon two (2) 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 Part 9.04.20.08.
Permitted Use. Any use allowed in a Zoning district and
subject to the restrictions applicable to that Zoning district.
Photocopy Shop. An retail establishment that reproduces or
prints documents. A print shop shall be considered to be the same
as a photocopy shop.
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 footed 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.
(Private Club or Lodge. Moved to "Club or Lodge")
(Private Open Space. Moved to "Open Space, Private")
Private Tennis Court. A tennis court which is used for non-
commercial purposes by the owner(s) 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, public swimming pools.
Residential Care Facility for the Elderly. A state licensed
housing arrangement chosen voluntarily by residents over sixty
(60) years of age where varying levels and intensities of care
and supervision, protective supervision, personal care, or
health-related services are provided, based upon residents'
varying needs, as determined in order to be admitted and remain
in the facility, as defined in Chapter 3.2 of the California
Health and Safety Code, Section 1569 et seq. A Residential Care
Facility for the Elderly serving six (6) or fewer persons shall
be considered a family dwelling for all zoning purposes.
Residential Facility. A community care facility which
consists of any family home, group care facility, or similar
facility as determined by the Director of the State Department of
Social Services, for twenty-four (24) hour nonmedical care of
persons in need of personal services, supervision or assistance
essential for sustaining the activities of daily living or for
the protection of the individual, as defined in Article 1 of
Chapter 3 of the California Health and Safety Code, Section 1500
et seq. A residential care facility serving six (6) or fewer
persons shall be considered a family dwelling for all zoning
purposes.
Residential Use. One (1) or more rooms designed, occupied,
or intended for occupancy as primary living quarters in a
building or portion thereof.
Rest Home. An extended or intermediate care facility
licensed or approved to provide health care under medical
supervision for twenty-four (24) or more consecutive hours to two
(2) or more patients who are not related to the governing
authority or its members by marriage, blood, or adoption.
Restaurant. Any building, room, space, or portion thereof
where food is sold for consumption on site, except for uses
qualifying as incidental food service. A restaurant may provide
music or other entertainment if: (1) there is sit down meal
service provided at all times while the entertainment is taking
place; (2) there is no dancing or dance floor; (3) there is no
cover charge or minimum drink purchase requirement; and (4) the
entertainment is provided only in the dining areas. A restaurant
with entertainment beyond the scope of these limitations during
specified hours on a nightly, weekly, or other regular basis
shall also be considered a nightclub and such entertainment use
shall be prohibited unless a separate conditional use permit for
that nightclub has been obtained.
Restaurants legally existing as of the effective date of this
Ordinance which provide entertainment beyond the scope of the
limitations set forth above shall be able to continue such
entertainment as existed on the effective date of this Ordinance
without obtaining a nightclub conditional use permit, provided
that the provision of live entertainment or dancing is not the
primary use of the establishment, and provided there is no
intensification or expansion of such entertainment component.
Restaurant, Fast-Food or, Take-Out or drive-through. A
restaurant where customers purchase inexpensive 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.
Typical characteristics of a fast-food restaurant include, but
are not limited to, the purchase of food at a walk-up window or
counter, payment for food prior to consumption, and the packaging
of food in disposable containers. A restaurant shall not be
considered a fast-food or take-out restaurant solely on the basis
of incidental or occasional take-out sales. A restaurant shall
be considered a drive-through or drive-in restaurant where
customers may be served food in their vehicles for consumption
either on or off the site.
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. A Wwindow serving a bedroom, bathroom,
kitchen, stairway, corridor or storage area in a dwelling unit,or
a non-primary 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. A structure containing separate storage spaces,
which may be of various sizes, leased or rented on an individual
basis.
Senior Citizen. An individual sixty-two (62) years of age
or older 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.
Senior Housing. Multi-family residential housing, other
than a Residential Care Facility for the Elderly or Senior Group
Housing, developed with individual dwelling units, in which each
unit is restricted for occupancy by at least one person in each
household who is sixty (60) years of age or older. Without
restriction as to age of occupant, units may also be occupied by
management or maintenance personnel who are required to live on
the premises.
(Service Station. Moved to "Automobile Service Station")
Setback. The distance between the lot parcel line and a
building, not including permitted projections.
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 (1) foot to fifteen (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 parcel.
Single Room Occupancy Housing. Multi-family residential
buildings containing housing units with a minimum floor area of
one hundred fifty (150) square feet and a maximum floor area of
three hundred seventy-five (375) square feet which may have
kitchen and/or bathroom facilities. Each housing unit is
restricted to occupancy by no more than two (2) persons and is
offered on a monthly rental basis or longer.
Site. Any plot or lot parcel of land or combination of
contiguous lots parcels 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 ten (10) inches in height, to
provide a weatherproofing barrier.
(Small Family Day Care Home. Moved to "Family Day Care
Home, Small")
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 heating or cooling,
water heating or electricity.
(Specialty Office. Moved to "Office, Specialty")
Story. That portion of a building included between two (2)
consecutive floors of a building or the portion between a floor
and the roof. A basement shall not be considered a story if the
finished first floor does not exceed three (3) feet above the
average natural or theoretical grade of the lot parcel. 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 percent of the total
floor area of the room(s) onto which it opens. See Mezzanine.
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 9.20 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. A substantial remodel involves the removal, in whole or
part, of a structure. A structure shall be deemed to have been
substantially remodeled or demolished if at least 50% of exterior
walls have been removed or relocated for any duration of time. A
substantially remodeled or demolished structure shall lose any
legal, non-conforming status which it may have had and may only
be replaced or rebuilt if the entire structure is made to conform
to all current, applicable Zoning Code requirements, including,
but not limited to, setbacks, height, and parking.
In determining whether a project is a substantial remodel, a wall
shall be deemed to be demolished if the structural supporting
members (columns, two-by-fours, or other such elements) of the
wall have been removed or are no longer attached to the
foundation. The roof structure must also be retained unless the
roof line is being modified or additional floors are being added,
in which case the roof structure may be removed.
Demolition and new construction shall mean the same as
substantial remodel as defined above.
Tandem Parking. A group of two (2) 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 Part 9.04.20.06.
Theater. Any hall where live entertainment is given or held
as the principal use, any establishment containing which contains
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. See Mobilehome Park.
Transitional Housing. A multi-family residential facility
developed in an individual dwelling unit format that does not
restrict occupancy to six (6) months or less and that provides
temporary accommodations to low and moderate-income persons and
families for periods of up to three (3) years, and which also may
provide meals, counseling, and other services, as well as common
areas for residents of the facility.
Tree. A plant having at least one (1) well defined stem or
trunk and normally attaining a mature height of at least fifteen
(15) feet, with an average mature spread of fifteen (15) feet,
and having a trunk that shall be kept clear of leaves and
branches at least six (6) feet above grade at maturity.
Tree, Fifteen (15) Gallon. A fifteen (15) gallon container
tree shall be no less than one (1) inch caliper and at least six
(6) feet in height above grade at the time of planting.
Tree, Twenty-four (24) Inch Box. A twenty-four (24) inch
box tree shall be no less than one and three-quarters (1-3/4)
inch caliper and at least seven (7) 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 Part 9.04.20.10.
Very Low Income Household. A household whose gross annual
income is between zero percent (0%) and fifty percent (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.
Wholesale Trade. An establishment or place of business
primarily engaged in selling and/or distributing merchandise to
retailers; to industrial, commercial, institutional, or
professional business users, or to other wholesalers; or acting
as agents or brokers and buying merchandise for, or selling
merchandise to, such individuals or companies. This is not
considered a general commercial use.
Yard. An open space situated between lot parcel lines and
not covered by buildings.
Yard, Front. A space extending the full width of the lot
parcel between any building and the front lot parcel line, and
measured perpendicularly to the building at the closest point to
the front lot parcel line. The front 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
parcel between the principal building and the rear lot parcel
line measured perpendicularly from the rear lot parcel 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.
Yard, Side. A space extending the full depth of the lot
parcel between the principal building and the side lot parcel
line measured perpendicularly from the side lot parcel 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 parcel between the principal building and the side lot parcel
line adjacent to a public street right-of-way measured
perpendicularly from the side lot parcel 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 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.
Zoning Ordinance. The Comprehensive Land Use Ordinance of
the City of Santa Monica.
Adjustment Text Amendment 93-009
of th e City of Santa Monica
Compr ehensive Land Use and Zoning Ordinance
Santa Monica Municipal Code Section 9.04.20.34.030 (g) is
proposed to read as follows:
(g) Allow a building to retain nonconforming setbacks when
substantially remodelled provided all of the following criteria
are met:
(1) The nonconformity of the setback(s) and building may
not be increased.
(2) At least 35% of the exterior walls of the building
subject to the adjustment shall remain as defined in Section
9.04.20.030.
(3) There has been no prior addition under this Section.
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