Santa Monica City Council
April 26, 2022

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9.67.030 Definitions
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9.67.040 Parks and Recreation Mitigation Requirement
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9.67.050 Fee Adjustments and Waivers
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9.67.060 Fee Revenue Account

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9.67.090 Fee Refunds
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9.67.100 Fee Revisions by Resolution

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9.67.110 Regulations
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Chapter 9.68 AFFORDABLE HOUSING COMMERCIAL LINKAGE FEE PROGRAM

9.68.010 Findings and Purpose
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9.68.020 Applicability of Chapter
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9.68.030 Definitions
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9.68.050 Fee Adjustments and Waivers
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9.68.100 Fee Revision by Resolution
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9.68.110 Regulations
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Appendix OFFICIAL DISTRICTING MAP
Appendix City of Santa Monica Official Districting Map

7.C.d
Packet Pg. 1568 Attachment: Exhibit O Part 1 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 
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7.C.d
Packet Pg. 1569 Attachment: Exhibit O Part 1 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 1 City Council Meeting: October 22, 2019 Santa Monica, California ORDINANCE NUMBER 2622 (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 9.64

TO EXTEND THE REMOVAL OF THE EXTREMELY LOW-INCOME AFFORDABLE

HOUSING CATEGORY
WHEREAS, the City has a long history of prioritizing preservation and production of affordable housing in order to promote and maintain affordability and diversity within the community; and
WHEREAS, the City’s residents have affirmed this priority in voter-approved initiatives, such as Proposition R, which was adopted by the voters in 1990 and mandated that 30 percent of all new multi-family housing units constructed each year be affordable, and Proposition I, which was adopted by the voters in 1998 and authorized the City to participate financially in creating affordable housing equal to one-half of one percent of the housing stock annually; and
WHEREAS, the City Council has further facilitated preservation and production of affordable housing by adopting land use incentives and administrative funding guidelines to streamline affordable housing production and preservation and through the policy foundation of supporting affordable housing articulated in the General Plan’s Land Use and Housing Elements; and
DocuSign Envelope ID: C3441D4E-58CD-453F-8ECE-24FC1475578F

7.C.e
Packet Pg. 1570 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 2 WHEREAS, the City’s Affordable Housing Production Program, codified at Chapter 9.64 of the Santa Monica Municipal Code (the “AHPP”), requires developers of multi-family housing projects to contribute to affordable housing production and thereby enhances the City’s efforts to meet its affordable housing production goals; and WHEREAS, the requirements of the AHPP are based on a number of factors including, but not limited to, the City’s longstanding commitment to economic diversity; the serious need for affordable housing as reflected in local, state, and federal housing regulations and policies; the demand for affordable housing created by market rate development; the depletion of potential affordable housing sites due to market-rate development; and the impact that the shortage of affordable housing has on the health, safety, and welfare of the City’s residents, including local and regional traffic, transit, transportation and air quality impacts; and
WHEREAS, on June 25, 2013, the City Council adopted Ordinance Number 2429 (CCS) to amend Chapter 9.64 by revising affordable housing categories, income-eligibility limits, and rent limits to be consistent with federal and state affordable housing programs (“Ordinance 2429”); and
WHEREAS, Ordinance 2429 also expanded AHPP income categories to include households at the lowest end of the income scale, whose gross income does not exceed 30 percent of the area median income, sometimes referred to as the extremely lowincome category; and WHEREAS, Ordinance 2429 further provided that a developer may meet its AHPP requirements by developing 5 percent of the total units of the project to be made available at affordable rent to households in the extremely low-income category; and DocuSign Envelope ID: C3441D4E-58CD-453F-8ECE-24FC1475578F

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Packet Pg. 1571 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 3 WHEREAS, the extremely low-income category was added to the AHPP to stimulate the development of such units; and
WHEREAS, since the adoption of Ordinance 2429, more than one-third of all affordable units approved have been in the extremely-low income category, and, in 2018, 84 percent of all affordable units approved were in the extremely-low income category; and
WHEREAS, although the City has met its overall affordable housing production requirements as mandated by Proposition R since adoption of Proposition R and, collectively, since 2014, the City has seen an overall decline in affordable housing production since 2014 and has not met its annual targets for affordable housing production under Proposition R in fiscal years 2014/2015, 2015/2016, or 2016/2017; and WHEREAS, the production of such a large number of affordable units in the extremely low-income category has resulted in fewer affordable units being produced in the very low-, low- and moderate-income categories and fewer affordable units being produced overall; and
WHEREAS, on July 25, 2017, after conducting a feasibility study, the City adopted AHPP obligation requirements specific to the Downtown as part of the Downtown Community Plan (“DCP”); and
WHEREAS, the DCP established a 20 percent base requirement for a project’s total affordable housing contribution, with a required distribution across all affordable income levels; and
DocuSign Envelope ID: C3441D4E-58CD-453F-8ECE-24FC1475578F

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Packet Pg. 1572 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 4 WHEREAS, the DCP AHPP requirements are designed to ensure the development of affordable units to be made available across all income levels and to assist the City in meeting its affordable housing production goals overall; and WHEREAS, on March 26, 2019, the City Council authorized a feasibility study to determine whether adjustments to the AHPP obligations are appropriate for areas outside of the City’s Downtown; and
WHEREAS, on April 9, 2019, the City Council adopted Ordinance Number 2605 (CCS) to remove the extremely-low income category as an option for satisfying affordable housing production obligations until November 27, 2019 in order to ensure production of affordable housing units at a variety of affordable income levels and to encourage the overall production of affordable housing within the City while the feasibility study is completed; and
WHEREAS, since the adoption of Ordinance 2605, the California legislature passed legislation intended to address the State’s housing crisis by removing regulatory barriers that discourage housing production; and
WHEREAS, the Southern California Association of Governments has released possible methodology options for allocation of the Regional Housing Needs Assessment (“RHNA”) for the based on recent changes in State law; and WHEREAS, the current feasibility study will need to be updated to account for these changes in State law and possible RHNA outcomes; and WHEREAS, in order to accommodate such revisions, the City desires to extend the elimination of the extremely-low income category as an option for satisfying affordable housing production obligations until November 27, 2020; and DocuSign Envelope ID: C3441D4E-58CD-453F-8ECE-24FC1475578F

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Packet Pg. 1573 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 5 WHEREAS, the proposed amendments to the AHPP are intended to achieve greater affordability and maintain Santa Monica’s economic diversity; and WHEREAS, the proposed changes to the AHPP would result in lower rents and greater accessibility of affordable housing to lower income households; and WHEREAS, the proposed amendments to the AHPP are consistent with Proposition R.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Santa Monica Municipal Code Section 9.64.050 is hereby amended to read as follows:

9.64.050 On-site option.

The following requirements must be met to satisfy the on-site provisions of this Chapter:

A. For ownership projects of at least four units but not more than fifteen units in multi-family residential districts, the multi-family project applicant agrees to construct at least: (1) twenty percent of the total units as ownership units for moderate-income households at an Affordable Ownership Hosing Cost, or as an alternative; (2) twenty percent of the total units as rental units for 80% income households at affordable rent if these rental units are provided by the applicant in accordance with Civil Code Sections 1954.52(b) and 1954.53(a)(2); (3) ten percent of the total units as rental units for 50% income households at affordable rent if these rental units are provided by the applicant in accordance with Civil Code Sections 1954.52(b) and 1954.53(a)(2); or (4) for projects with an application for a DocuSign Envelope ID: C3441D4E-58CD-453F-8ECE-24FC1475578F

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Packet Pg. 1574 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 6 ministerial or discretionary planning approval that is determined complete on or before March 26, 2019 or after November 27, 2020, five percent of the total units as rental units for 30% income households at affordable rent if these rental units are provided by the applicant in accordance with Civil Code Sections 1954.52(b) and 1954.53(a)(2).

B. For ownership projects of sixteen units or more in multi-family residential districts, the multi-family project applicant agrees to construct at least:
(1) twenty-five percent of the total units as ownership units for moderate-income households at an Affordable Ownership Housing Cost, or as an alternative; (2) twenty-five percent of the total units as rental units for 80% income households at affordable rent if these rental units are provided by the applicant in accordance with Civil Code Sections 1954.52(b) and 1954.53(a)(2); fifteen percent of the total units as rental units for 50% income households at affordable rent if these rental units are provided by the applicant in accordance with Civil Code Sections 1954.52(b) and 1954.53(a)(2); or (4) for projects with an application for a ministerial or discretionary planning approval that is determined complete on or before March 26, 2019 or after November 27, 2020, ten percent of the total units as rental units for 30% income households at affordable rent if these rental units are provided by the applicant in accordance with Civil Code Sections 1954.52(b) and 1954.53(a)(2).

C. For all other multi-family applicants, the multi-family project applicant agrees to construct at least:

DocuSign Envelope ID: C3441D4E-58CD-453F-8ECE-24FC1475578F

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Packet Pg. 1575 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 7 1. five percent of the total units of the project for 30% income households at affordable rent for projects with an application for a ministerial or discretionary planning approval that is determined complete on or before March 26, 2019 or after November 27, 2020;

2. ten percent of the total units of the project for 50% income households at affordable rent;

3. twenty percent of the total units of the project for 80% income households at affordable rent; or

4. one hundred percent of the total units of a project for moderate income households at affordable rent.

D. Except as provided in 9.23.030(A), any fractional affordable housing unit that results from the formulas of this Section that is 0.75 or more shall be treated as a whole affordable housing unit (i.e., any resulting fraction shall be rounded up to the next larger integer) and that unit shall also be built pursuant to the provisions of this Section. Any fractional affordable housing unit that is less than 0.75 can be satisfied by the payment of an affordable housing fee for that fractional unit only pursuant to Section 9.64.070(A)(2) or by constructing all the mandatory on-site affordable units with three or more bedrooms. The City shall make available a list of income levels for 30% income households, 50% income households, 80% income households, and moderate income households, adjusted for household size, the corresponding maximum affordable rents adjusted by household size appropriate for the unit, and the minimum number of units required for 30% income households, 50% income households, or 80% income households DocuSign Envelope ID: C3441D4E-58CD-453F-8ECE-24FC1475578F

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Packet Pg. 1576 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 8 required for typical sizes of multi-family projects, which list shall be updated periodically.

E. The multi-family project applicant may reduce either the size or interior amenities of the affordable housing units as long as there are not significant identifiable differences between affordable housing units and market rate units visible from the exterior of the dwelling units; provided, that all dwelling units conform to the requirements of the applicable Building and Housing Codes.

However, except as provided in Section 9.23.030(A), each affordable housing unit provided shall have at least two bedrooms unless:

1. The proposed project comprises at least ninety-five percent one bedroom units, excluding the manager’s unit, in which case the affordable housing units may be one bedroom;

2. The proposed project comprises at least ninety-five percent zero bedroom units, excluding the manager’s unit, in which case the affordable housing units may be zero bedroom units;

3. The proposed project comprises zero and one bedroom units, excluding the manager’s unit, in which case the affordable housing units must be at least one bedroom units; or

4. The multi-family project applicant has elected not to pay the affordable housing fee pursuant to Section 9.64.070(A)(2), in which case the affordable housing units must be at least three bedroom units. The design of the affordable housing units shall be reasonably consistent with the market rate units in the project. An affordable housing unit shall have a DocuSign Envelope ID: C3441D4E-58CD-453F-8ECE-24FC1475578F

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Packet Pg. 1577 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 9 minimum total floor area, depending upon the number of bedrooms provided, no less than the following:
0 bedrooms 500 square feet 1 occupant
1 bedroom 600 square feet 1 occupant
2 bedrooms 850 square feet 2 occupants
3 bedrooms 1,080 square feet 3 occupants
4 bedrooms 1,200 square feet 5 occupants
Affordable housing units in multi-family projects of one hundred units or more must be evenly disbursed throughout the multi-family project to prevent undue concentrations of affordable housing units.

F. All affordable housing units in a multi-family project or a phase of a multi-family project shall be constructed concurrently with the construction of market rate units in the multi-family project or phase of that project.

G. On-site affordable housing units must be rental units in rental projects. In ownership projects, these affordable housing units may be either rental units or ownership units.

H. Each multi-family project applicant, or his or her successor, shall submit an annual report to the City identifying which units are affordable units, the monthly rent (or total housing cost if an ownership unit), vacancy information for each affordable unit for the prior year, verification of income of the household DocuSign Envelope ID: C3441D4E-58CD-453F-8ECE-24FC1475578F

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Packet Pg. 1578 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 10 occupying each affordable unit throughout the prior year, and such other information as may be required by City staff.

I. A multi-family project applicant in a residential district who meets the requirements of this Section shall be entitled to the density bonuses and incentives provided by Sections 9.22.030 or any successor thereto and the waiver/modification of development standards provided by Section 9.22.040 or any successor thereto. A multi-family project applicant in a commercial or industrial district shall be entitled to the development bonuses and incentives provided in the Land Use and Circulation Element and implementing ordinances.

J. All residential developments providing affordable housing on-site pursuant to the provisions of this Section shall receive priority building department plan check processing by which housing developments shall have plan check review in advance of other pending developments to the extent authorized by law.

K. The City Council may by resolution establish compliance monitoring fees which reflect the reasonable regulatory cost to the City of ensuring compliance with this Section when affordable housing units are being initially rented or sold, when the required annual reports are submitted to the City, and when the units are being re-sold or re-leased.

SECTION 2. Any provision of the Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

DocuSign Envelope ID: C3441D4E-58CD-453F-8ECE-24FC1475578F

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Packet Pg. 1579 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 11 SECTION 3. 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 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
_______________________

LANE DILG
City Attorney
DocuSign Envelope ID: C3441D4E-58CD-453F-8ECE-24FC1475578F

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Packet Pg. 1580 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) Approved and adopted this 22nd day of October, 2019.
_____________________________
Gleam Davis, Mayor
State of California )
County of Los Angeles ) ss.

City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2622 (CCS) had its introduction on October 15, 2019 and was adopted at the Santa Monica City Council meeting held on October 22, 2019, by the following vote:

AYES: Councilmembers Morena, McKeown, Himmelrich, Winterer, Jara, Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________ Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2622 (CCS) was duly
published pursuant to California Government Code Section 40806.

DocuSign Envelope ID: C3441D4E-58CD-453F-8ECE-24FC1475578F 11/21/2019

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Packet Pg. 1581 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 1 City Council Meeting: May 12, 2020 Santa Monica, California ORDINANCE NUMBER 2635 (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SECTION 8.08.050 OF THE SANTA MONICA MUNICIPAL CODE TO ADOPT THE 2019 CALIFORNIA BUILDING STANDARDS

CODE REGULATION TO EXEMPT FREESTANDING WALLS SEVEN FEET OR LESS

IN HEIGHT FROM REQUIRING A BUILDING PERMIT, AND ADOPT A LOCAL

AMENDMENT TO THE BUILDING STANDARDS CODE TO EXEMPT CONCRETE OR

MASONRY WALLS FOUR FEET IN HEIGHT OR LESS FROM REQUIRING A

BUILDING PERMIT
WHEREAS, Health and Safety Code Section 18938 provides that the triennial edition of the California Building Standards Code establishes building standards for all occupancies throughout the State and requires that these standards incorporate the latest editions of the Technical Codes with necessary California amendments; and WHEREAS, on July 1, 2019, the California State Building Standards Commission approved and published the 2019 edition of the California Building Standards Code; and WHEREAS, the Technical Codes incorporated by reference in the 2019 California Building Standards Code include the 2019 California Building Code and the 2019 California Residential Code; and
WHEREAS, Health and Safety Code Sections 18938 and 17958 make the California Building Standards Code applicable to all cities and counties throughout DocuSign Envelope ID: DAF343D1-974E-4F1C-9255-4EE4F6F8502F

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Packet Pg. 1582 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 2 California, including the City of Santa Monica, 180 days after publication by the State Building Standards Commission, which was January 1, 2020; and WHEREAS, Health and Safety Code Sections 17958.5, 17958.7, and 18941.5 provide that the City may make changes or modifications to the building standards contained in the California Building Standards Code based upon express findings that such changes or modifications are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, at its October 15, 2019, meeting, the Santa Monica City Council adopted a resolution making findings regarding local climatic, geological, topographical, and environmental conditions to support certain local amendments to the 2019 California Building Standards Code; and
WHEREAS, at its October 22, 2019, meeting, the Santa Monica City Council adopted an ordinance that adopted the 2019 California Building Code and the 2019 California Residential Code and the Santa Monica local amendments to the 2019 California Building Standards Code; and
WHEREAS, Section 105.2 of the 2019 California Building Code and Section R105.2 of the 2019 California Residential Code exempt from permit requirements fences not over 7 feet high; and
WHEREAS, upon filing the Santa Monica local amendments to the 2019 California Building Standards Code with the California Building Standards Commission, it was identified that an inconsistency existed between Santa Monica Municipal Code Section

8.08.050(c)(2), which exempted fences and walls over six feet high from requiring a DocuSign Envelope ID: DAF343D1-974E-4F1C-9255-4EE4F6F8502F

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Packet Pg. 1583 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 3 building permit, and Section 105.2 of the 2019 California Building Code and Section R105.2 of the 2019 California Residential Code, which exempted fences over seven feet high from requiring a building permit; and
WHEREAS, Santa Monica Municipal Code Section 8.08.050(c)(2) was more restrictive than the 2019 California Building Standards Code in its requirement for building permits for fences and walls, but the finding regarding local climatic, geological, and topographical conditions required to support such a more restrictive local amendment was not included in the October 15, 2019, City Council resolution; and WHEREAS, on February 3, 2020, the California Building Standards Commission notified the City of Santa Monica Building & Safety Division that Santa Monica Municipal Code Section 8.08.050(c)(2), which requires a building permit for fences and walls more than six feet in height, was rejected due to the need for an express finding related to climatic, geological, and topographical conditions related to this more restrictive requirement; and
WHEREAS, on March 11, 2020, the Building and Fire Life Safety Commission met to consider a recommendation to the City Council regarding adopting a local amendment to the 2019 California Building Standards Code for when a fence or wall requires a building permit, and a resolution making findings regarding local climactic, geological, and topographical conditions to support the local amendment; and WHEREAS, at the March 11, 2020, meeting, the Building and Safety Commission unanimously recommended that the City Council adopt a resolution making the necessary findings regarding local climactic, geological, and topographical conditions, and adopt the local amendment to the 2019 California Building Standards Code for when a fence or wall DocuSign Envelope ID: DAF343D1-974E-4F1C-9255-4EE4F6F8502F

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Packet Pg. 1584 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 4 requires a building permit; and
WHEREAS, based upon the findings contained in the Resolution adopted concurrently with this Ordinance, the City Council has found that certain modifications and additions to the California Building Standards Code are reasonably necessary based upon local climatic, geological, and topographical conditions.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. It is the purpose and intent of this Ordinance to adopt a local amendment to the 2019 California Building Standards Code that is necessary to address local climatic, geographical, and topographical conditions.

SECTION 2. Section 8.08.050 of the Santa Monica Municipal Code is hereby amended to read as follows:

8.08.050 Permits required.
(a) General. No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, maintain or demolish any building, structure or building service equipment regulated by this Chapter, the California Building Standards Code and related codes and standards without first obtaining an appropriate permit for each building, structure or building service equipment from the Building Officer except as specified in this Section.

No person shall do any exterior sandblasting within the City without first obtaining an appropriate permit for each separate work location or contractor.

DocuSign Envelope ID: DAF343D1-974E-4F1C-9255-4EE4F6F8502F

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Packet Pg. 1585 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 5 No person shall perform any excavation or grading work without first obtaining an appropriate permit from the Building Officer except as specified in this Section.

No person shall erect any temporary structures within the City without first obtaining an appropriate permit from the Building Officer except as specified in this Section.

Exemption from the permit requirements of this Chapter shall not be deemed to grant authorization for any work to be done in violation of the provisions of applicable codes and standards or any other laws or ordinances.
(b) Temporary Structures. Temporary structures such as reviewing stands, platforms, displays and other miscellaneous structures, sheds, canopies or fences used for the protection of the public around and in conjunction with construction work may be erected by special permit from the Building Officer for a limited period of time. Buildings or structures erected under a special permit need not comply with the type of construction or fire-resistive time periods required by the Building Code. Temporary structures shall be completely removed upon the expiration of the time limit stated in the permit. (c) Work Exempt from Building Permit. A building permit shall not be required for the following:
(1) One-story detached accessory buildings not more than fourteen feet in height when used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed one hundred twenty square feet, when the surface of adjacent grade does not exceed one unit vertical in 10 units horizontal (i.e., ten percent slope); the building does not contain electrical, mechanical or plumbing work and the building conforms to the applicable zoning regulations of Chapter 9.04 of the Municipal Code.

DocuSign Envelope ID: DAF343D1-974E-4F1C-9255-4EE4F6F8502F

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Packet Pg. 1586 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 6 (2) Exterior freestanding masonry or concrete walls not over four feet high, and other fences not over seven feet high.
(3) Oil derricks.
(4) Movable cases, counters and partitions not over five feet nine inches high. (5) Retaining walls that are not over four feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids.
(6) Water tanks supported directly upon grade if the capacity does not exceed five thousand gallons and the ratio of height to diameter or width does not exceed 2:1. (7) Platforms, walks and driveways not more than thirty inches above grade and not over or surcharging any basement or story below.
(8) Painting, papering and similar finish work, including color or texture coating of exterior plaster.
(9) Flooring when installed on a concrete floor slab or when weighing not more than four pounds per square foot or replacing the same weight per square foot. (10) Temporary motion picture, television and theater stage sets and scenery. (11) Prefabricated swimming pools accessory to one- and two-family dwellings in which the pool walls are entirely above the adjacent grade and the capacity does not exceed five thousand gallons and there are no electrical, gas or plumbing equipment or components associated with the prefabricated swimming pool.

DocuSign Envelope ID: DAF343D1-974E-4F1C-9255-4EE4F6F8502F

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Packet Pg. 1587 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 7 (d) Work Exempt from a Grading Permit. A grading permit is not required for the following:
(1) Any grading work authorized by a valid combination-building permit. (2) An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. (3) Cemetery graves.
(4) Refuse disposal sites controlled by other regulations. (5) Excavations for wells or tunnels or utilities.
(6) Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property.
(7) Exploratory excavations under the direction of geotechnical engineers or engineering geologists.
(8) An excavation that is less than two feet in depth or does not create a cut slope greater than five feet in height and steeper than one unit vertical in one and one-half units horizontal (sixty-six and seven-tenths percent slope).
(9) A fill less than one foot in depth and placed on natural terrain with a slope flatter than one unit vertical in five units horizontal (twenty percent slope), or less than three feet in depth, not intended to support structures, that does not exceed fifty cubic yards on any one lot and does not obstruct a drainage course.

DocuSign Envelope ID: DAF343D1-974E-4F1C-9255-4EE4F6F8502F

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Packet Pg. 1588 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 8 (e) Work Exempt from Plumbing Permit. A plumbing permit shall not be required for the following:
(1) Any plumbing work authorized by a valid combination-building permit. (2) The stopping of leaks in drains, soil, waste or vent pipe, provided, however, that should any concealed trap, drain pipe, soil, waste or vent pipe become defective and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and a permit shall be procured and inspection made as provided in this Code.
(3) The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, nor for the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. (f) Work Exempt from Electrical Permit. An electrical permit shall not be required for the following:
(1) Any electrical work authorized by a valid combination-building permit. (2) Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when the Electrical Code permits that cord or cable.
(3) Repair of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location.
(4) Temporary decorative lighting.
(5) Repair or replacement of current-carrying parts of any switch, contactor or control device.

DocuSign Envelope ID: DAF343D1-974E-4F1C-9255-4EE4F6F8502F

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Packet Pg. 1589 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 9 (6) Reinstallation of attachment plug receptacles, but not the outlets therefor. (7) Replacement of an over-current device where the device is installed in the same location and is of the same manufacturer, same voltage, same ampere rating, same characteristics, and has an interrupting capacity meeting conditions at the time of replacement.
(8) Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems.
(9) Taping joints.
(10) Removal of electrical wiring.
(11) Temporary wiring for experimental purposes in suitable experimental laboratories.
(12) The wiring for temporary theater, motion picture or television stage sets. (13) Electrical wiring, devices, appliances, apparatus or equipment operating at less than twenty-five volts and not capable of supplying more than fifty watts of energy. (14) Low-energy power, control and signal circuits of Class II and Class III as defined in the Electrical Code.
(15) Installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility.

DocuSign Envelope ID: DAF343D1-974E-4F1C-9255-4EE4F6F8502F

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Packet Pg. 1590 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 10 (g) Work Exempt from Mechanical Permit. A mechanical permit shall not be required for the following:
(1) Any mechanical work authorized by a valid combination-building permit. (2) Portable heating appliance, ventilating equipment, cooling unit or evaporative cooler.
(3) Closed system of steam, hot or chilled water piping within heating or cooling equipment regulated by the California Mechanical Code.
(4) Replacement of any component part of assembly of an appliance that does not alter its original approval and complies with other applicable requirements of applicable codes and standards.
(5) Refrigerating equipment that is part of the equipment for which a permit has been issued pursuant to the requirements of applicable codes and standards. (6) A unit refrigerating system as defined in the Mechanical Code. (h) Work Exempt from All Permitting Requirements. Reinstallation of new toilets, urinals, and irrigation timers, in programs entirely undertaken by the City of Santa Monica and directly supervised by the Building Officer shall not require any building, mechanical, electrical, or plumbing permit. This exemption only applies to the fixture or equipment but does not exempt plumbing, piping, drainage, electrical work associated with the replacement. This exemption does not apply to installations in new buildings.

DocuSign Envelope ID: DAF343D1-974E-4F1C-9255-4EE4F6F8502F

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Packet Pg. 1591 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 11 SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 4. 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 5. 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 after its submission to the California Building Standards Commission.

APPROVED AS TO FORM:
_________________________
GEORGE S. CARDONA
Acting City Attorney
DocuSign Envelope ID: DAF343D1-974E-4F1C-9255-4EE4F6F8502F

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Packet Pg. 1592 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) Approved and adopted this 12th day of May, 2020.
_____________________________
Kevin McKeown, Mayor
State of California )
County of Los Angeles ) ss.

City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2635 (CCS) had its introduction on April 28, 2020 and was adopted at the Santa Monica City Council meeting held on May 12, 2020, by the following vote:

AYES: Councilmembers Davis, Morena, Himmelrich, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________ Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2635 (CCS) was duly published pursuant to California Government Code Section 40806.

DocuSign Envelope ID: DAF343D1-974E-4F1C-9255-4EE4F6F8502F 5/21/2020

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Packet Pg. 1593 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 1 City Council Meeting: May 26, 2020 Santa Monica, California ORDINANCE NUMBER 2638 (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.53.130

TO EXCLUDE ONE HUNDRED PERCENT AFFORDABLE HOUSING PROJECTS

FROM TRANSPORTATION ALLOWANCE REQUIREMENTS
WHEREAS, on June 23, 2015, the City Council of City Council adopted an updated Transportation Demand Management (“TDM”) Ordinance, Santa Monica Municipal Code Chapter 9.53; and
WHEREAS, the purpose and objective of the TDM Ordinance is to implement the goals and policies of the City’s General Plan by proactively managing congestion, reducing automobile dependence and enhancing transportation choices by requiring trip reduction plans for all types of trips—work, shopping, leisure, school, and appointments; and
WHEREAS, the TDM Ordinance introduced new trip reduction requirements for both residential and non-residential development projects to meet specific criteria consistent with the Land Use and Circulation Element policy goal of no net increase in PM peak hour vehicle trips by 2030; and
WHEREAS, Santa Monica Municipal Code Section 9.53.130(B)(2)(c)(iv) requires residential and mixed-use projects that result in the addition of 16 or more residential units to provide a “transportation allowance” to all residents of the project who do not lease a DocuSign Envelope ID: 4886ED75-79D4-4269-B295-869BEF5C1E2D

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Packet Pg. 1594 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 2 parking space or own or long-term lease an automobile in association with a residential use in Santa Monica; and
WHEREAS, renting residential units with parking bundled into the cost of renting livable space requires all renters to bear the expense of parking regardless of whether a tenant utilizes a parking space; and
WHEREAS, the transportation allowance is a cash incentive offered to residents who do not lease a parking space or own or long-term lease an automobile in association with a residential use in Santa Monica that is intended to remove the inherent incentive for personal automobile travel that occurs in multiple-unit dwellings when residential units are rented with parking “bundled” into the cost of renting the livable space; and WHEREAS, the transportation allowance is indexed to the cost of a regional monthly transit pass, thus providing an incentive for use of mass transit in place of automobile travel; and
WHEREAS, on October 31, 2019, Community Corporation of Santa Monica submitted an application for a Text Amendment (19ENT-0399) to exempt one hundred percent affordable projects from the transportation allowance requirement if the projects do not include any off-site affordable housing units used to satisfy a multiple-unit dwelling project’s obligations under the City’s Affordable Housing Production Program, Santa Monica Municipal Code Chapter 9.64 (“AHPP”); and
WHEREAS, on December 10, 2019, Council held a study session on housing policy where the costs to produce affordable housing were discussed and directed that staff bring forward amendments to the Municipal Code to support the production of one hundred percent affordable housing; and
DocuSign Envelope ID: 4886ED75-79D4-4269-B295-869BEF5C1E2D

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Packet Pg. 1595 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 3 WHEREAS, one hundred percent affordable housing projects have very limited operating budgets, and, while the current cost of providing a transportation allowance could potentially be absorbed, the City requires that an applicant provide a transportation allowance to eligible residents for the life of the project; and WHEREAS, over time, the cost of providing a transportation allowance to all eligible residents of a one hundred percent affordable housing project could increase significantly as rates of vehicle ownership shift; and
WHEREAS, because an applicant for a one hundred percent affordable housing project cannot accurately predict the number of residents who will be eligible for and accept a transportation allowance, the applicant must assume that it will be required to provide a transportation allowance to all residents throughout the project’s life; and WHEREAS, this assumption represents a significant risk in obtaining financing for a one hundred percent affordable housing project; and
WHEREAS, one hundred percent affordable housing projects that include affordable units that satisfy a project’s obligations under the AHPP, have additional and more flexible options for financing, thus significantly reducing the burden of providing a transportation allowance; and
WHEREAS, removing the transportation allowance for one hundred percent affordable housing projects that do not include affordable units that satisfy a project’s AHPP obligations will increase ability to obtain financing for and incentivize increased production of affordable housing throughout the City; and WHEREAS, the City desires to amend Santa Monica Municipal Code Section

9.53.130 to exempt one hundred percent affordable housing projects that do not include DocuSign Envelope ID: 4886ED75-79D4-4269-B295-869BEF5C1E2D

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Packet Pg. 1596 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 4 affordable units that satisfy a project’s AHPP obligations from the requirement to offer a transportation allowance.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Santa Monica Municipal Code Section 9.53.130 is hereby amended to read as follows:

9.53.130 Content of Developer TDM Plan
A. Developer TDM Plan Format. The Developer TDM Plan shall result in the Developer achieving the applicable AVR Target in this Chapter and shall include:

1. Project description.

2. Site conditions that affect commute travel.

3. Statement of commitment from the property owner to:
a. Conduct annual surveys in conformance with this Chapter to determine vehicle trip behavior including collection of data on employee means of travel, arrival time, and interest in information on ridesharing opportunities (this shall not be applicable to residential units);
b. Monitor Developer TDM Plan; and
c. Report annually in a manner required by this Chapter.

4. Annual budget to implement Developer TDM Plan.

5. Duties, responsibilities, and qualifications of a certified PTC.

6. Developer TDM Plan program measures.

DocuSign Envelope ID: 4886ED75-79D4-4269-B295-869BEF5C1E2D

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Packet Pg. 1597 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 5 7. Implementation strategy that specifies how the Developer TDM Plan will be implemented, monitored, and who will be responsible for submitting annual status reports to the City.

B. Physical and Programmatic Elements. The Developer TDM Plan program measures shall include the following:
1 Physical Elements. In addition to all physical facility improvements required by Chapter 9.28, Parking, Loading, and Circulation, the following additional physical elements shall be required to be implemented by the Developer to the satisfaction of the City:
a. On-Site Transportation Information. On-site transportation information located where the greatest number of employees, visitors, and residents are likely to see it. Such transportation information may be provided in an on-site physical location, such as a bulletin board or kiosk, or through other media, such as on a website or other digital means.

Information shall include, but is not limited to, the following:
i. Current maps, routes and schedules for public transit routes within 1/2 mile of the project site.
ii. Transportation information including regional ridesharing agency, local transit operators, and certified TMO where available. iii. Ridesharing promotions material supplied by commuteroriented organizations.

DocuSign Envelope ID: 4886ED75-79D4-4269-B295-869BEF5C1E2D

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Packet Pg. 1598 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 6 iv. Bicycle route and facility information, including rental and sales locations, regional/local bicycle maps, and bicycle safety information within 1/2 mile of the project site.
v. A list of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site. vi. Walking and biking maps for employees and visitors, which shall include, but not be limited to, information about convenient local services and restaurants within walking distance of the project. vii. Information to commercial tenants and employees of the project regarding local rental housing agencies.

2. Programmatic Elements. Additional programmatic elements shall also be included in the Developer TDM Plan program measures based on the type of development as follows:
a. Project Transportation Coordinator. A designated Project Transportation Coordinator shall manage all aspects of the Developer TDM Plan and participate in City-sponsored workshops and information roundtables. The PTC shall be responsible for making available information materials on options for alternative transportation modes and opportunities particularly programs that involve commuter subsidies such as parking cashout and vanpool subsidies. In addition, transit fare media and day/month passes will be made available through the PTC to employees, visitors, and residents during typical business hours. In the event that the project is sold or transferred, developer shall notify the Planning Director of DocuSign Envelope ID: 4886ED75-79D4-4269-B295-869BEF5C1E2D

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Packet Pg. 1599 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 7 the new point of contact for the successor and/or new PTC for the project within thirty calendar days of such sale or transfer.
b. Nonresidential Projects and Nonresidential Components of Mixed-Use Projects. Nonresidential projects that result in the addition of 7,500 square feet of floor area or more and the nonresidential portion of mixed-use projects shall provide, at minimum, the following programmatic elements:
i. New employee orientation.
ii. Parking cashout.
iii. Incentives for employees that live within 1/2 mile of workplaces.
iv. Information regarding availability of bike commute training offered either on-site or by a third party.
v. Free on-site shared bicycles intended for employee use during the work day (e.g., Bike@Work program). This shall be optional if citywide bikeshare is available within a 2-block radius of the project site.
vi. Commuter matching services for all employees on an annual basis, and for all new employees upon hiring.
vii. Information regarding benefits of: compressed work schedule, flex-time schedule, telecommuting, and guaranteed ride home. viii. Transportation allowance equal to at least 50% of the current cost of a monthly regional transit pass of the employee’s choice (e.g., DocuSign Envelope ID: 4886ED75-79D4-4269-B295-869BEF5C1E2D

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Packet Pg. 1600 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 8 Big Blue Bus 30-day Pass, Metro EZ Pass, Metro TAP or equivalent).

Within the Downtown Community Plan area, the transportation allowance shall equal at least 100% of the current cost of a monthly regional transit pass of the employee’s choice (e.g., Big Blue Bus 30- day Pass, Metro EZ Pass, Metro TAP or equivalent). An employee accepting the transportation allowance shall be required to execute a contract agreeing said employee will not utilize a single occupancy vehicle for the majority (at least 51%) of their daily commute distance more than five business days per month. The contract shall also specify the employee’s alternative commute mode (e.g., transit, bike, walk).

Within the Downtown Community Plan area, daily transportation allowance, equal to the value of the applicable monthly transportation allowance divided by 20, shall be offered to all eligible employees. To receive the daily transportation allowance eligible employees shall not be receiving the monthly transportation allowance and shall be required to submit a daily commute tracking form agreed that said employees utilized an eligible non-single occupancy vehicle mode for at least 51% of their daily commute. The employee must demonstrate compliance as reasonably required by the property owner.
ix. Customer and visitor incentives for uses with significant numbers of customers and visitors such as retail, food service, hospitality, and medical office:
(1) Customer incentive program.

DocuSign Envelope ID: 4886ED75-79D4-4269-B295-869BEF5C1E2D

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Packet Pg. 1601 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 9 (2) Public directions prioritizing rideshare modes.
(3) Special event rideshare services.
(4) Shared ride service.
x. Any additional measures that would result in the developer achieving the applicable AVR target.
c. Residential Projects and Residential Components of MixedUse Projects. Projects that result in the addition of 16 residential units or more and the residential portion of mixed-used projects shall include the following programmatic elements:
i. Transportation Welcome Package for Residents. Provide all new residents with residential component of the project site with a welcome package on a per-unit basis. The welcome package shall, at minimum, include the information required in subdivision (1)(a) of this subsection (B) (Physical Elements—On-Site Transportation Information).
ii. Local Preference Marketing Plan. Prepare and implement a marketing and outreach program for the rental of units that targets: (A) employees of businesses located within a 1/2-mile radius of the project; (B) employees of the local hospitals; (C) employees of the Santa Monica Malibu Unified School District; (D) employees of the City’s police and fire departments; (E) employees of businesses outside the 1/2-mile radius but within the City of Santa Monica. In leasing units, the developer shall give priority to applicants in the foregoing categories provided that all DocuSign Envelope ID: 4886ED75-79D4-4269-B295-869BEF5C1E2D

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Packet Pg. 1602 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 10 such applicants meet generally applicable leasing qualifications and criteria imposed by the developer. Nothing in this Chapter shall require that any residential units be occupied by such persons. iii. TMO Participation. Active participation in the formation and ongoing activities of a certified TMO, if established and includes the project site, including payment of annual dues at a level so that trip reduction services are provided as set forth by the TMO, attendance at organizational meeting, providing travel and parking demand data to the TMO, and making available information to project tenants relative to the services provided by the TMO.
iv. Transportation Allowance. Offer a monthly transportation allowance equal to at least 50% of the current cost of a monthly regional transit pass of the resident’s choice (e.g., Big Blue Bus 30-Day Pass, Metro EZ Pass, Metro TAP Pass or equivalent). Within the Downtown Community Plan area, the transportation allowance shall equal at least 100% of the current cost of a monthly regional transit pass of the resident’s choice (e.g. Big Blue Bus 30-Day Pass, Metro EZ Pass, Metro TAP Pass or equivalent). The transportation allowance shall be offered to all residents listed on a lease and their immediate family living at the same address. Immediate family includes spouse, partner, children, parents, grandparents, brother, sister, father-in-law, mother-in-law, sonin-law, daughter-in-law, aunt, uncle, niece, nephew, sister-in-law, and brother-in-law. A resident accepting the transportation allowance shall DocuSign Envelope ID: 4886ED75-79D4-4269-B295-869BEF5C1E2D

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Packet Pg. 1603 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 11 not lease parking and shall be required to execute a contract agreeing that said resident does not own or long-term lease an automobile in association with a residential use in Santa Monica and will not own or long-term lease an automobile in association with a residential use in Santa Monica for so long as they are in receipt of the transportation allowance. The contract shall also specify the resident’s non-single occupancy vehicle commute mode (e.g., transit, bike, walk). Children who reside full-time at the building shall be eligible for the transportation allowance if the parent that is primarily responsible for transporting the child is also eligible for the transportation allowance. The child’s parent or guardian shall sign an affidavit stating that the child permanently resides at the building on a full-time basis, and the child is primarily transported by a parent or guardian on the lease that is eligible for the transportation allowance. Notwithstanding the foregoing, if a project is a 100% affordable housing project, as defined by Santa Monica Municipal Code Section 9.52.020.0050, and does not include any off-site affordable units that satisfy another multiple-unit dwelling project’s obligations under Santa Monica Municipal Code Chapter 9.64, then this subsection shall not apply to require the project to offer a transportation allowance.

C. Developer TDM Plan Applicable to Project Occupants. The developer shall ensure that compliance with the Developer TDM Plan is included as a requirement in lease documents and any other agreements for occupancy in the project in order to DocuSign Envelope ID: 4886ED75-79D4-4269-B295-869BEF5C1E2D

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Packet Pg. 1604 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 12 inform and commit project occupants to applicable measures of the approved Developer TDM Plan.

1. All Projects. Allowing employees and residents to participate in campaigns that promote use of carpools, vanpools, transit, walking, bicycling, carshare, bikeshare, and other trip reduction efforts.

2. Nonresidential Projects. For nonresidential projects and nonresidential components of mixed-use projects, participating in the annual project commute survey.

D. Employer Worksite Plan Consistency. Employer ERPs and WTPs submitted subsequent to the approval of a Developer TDM Plan shall be consistent with the approved Developer TDM Plan, at a minimum, unless the Planning Director approves alternative plan components.

E. Recording Required. Prior to Certificate of Occupancy, the developer shall record an agreement, in a form acceptable to the City, that makes the Developer TDM Plan a condition of property ownership. The agreement shall include provisions to:

1. Guarantee adherence to the TDM objective and perpetual obligations of the Developer TDM Plan for all legal parcels within the site regardless of property ownership.

2. Inform all subsequent property owners of requirement of the Developer TDM Plan.

3. Inform the Planning Director of any change in ownership.

4. Identify consequences of non-compliant performance.

DocuSign Envelope ID: 4886ED75-79D4-4269-B295-869BEF5C1E2D

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Packet Pg. 1605 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 13 SECTION 2. Any provision of the Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 3. 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 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
_______________________
GEORGE S. CARDONA
Interim City Attorney
DocuSign Envelope ID: 4886ED75-79D4-4269-B295-869BEF5C1E2D

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Packet Pg. 1606 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) Approved and adopted this 26th day of May, 2020.
_____________________________
Kevin McKeown, Mayor
State of California )
County of Los Angeles ) ss.

City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2638 (CCS) had its introduction on May 12, 2020 and was adopted at the Santa Monica City Council meeting held on May 26, 2020, by the following vote:

AYES: Councilmembers Davis, Morena, Himmelrich, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________ Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2638 (CCS) was duly published pursuant to California Government Code Section 40806.

DocuSign Envelope ID: 4886ED75-79D4-4269-B295-869BEF5C1E2D 5/29/2020

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Packet Pg. 1607 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 1 City Council Meeting: July 14, 2020 Santa Monica, California ORDINANCE NUMBER 2642 (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.56.270

TO ELIMINATE WAIVERS OF BUILDING PERMIT AND PLANNING APPLICATION

FEES FOR DESIGNATED LANDMARKS AND CONTRIBUTING BUILDINGS AND

STRUCTURES IN HISTORIC DISTRICTS
WHEREAS, historic preservation is a defining community value for the City of Santa Monica (the “City”); and
WHEREAS, this value reflects the community’s consensus that the City’s unique identity and character springs from its long and rich history; and WHEREAS, the community’s present and future welfare depend, in part, upon understanding the City’s history and evolution as a unique community; and WHEREAS, retention and preservation of historic resources also promotes the public health, safety and welfare by revitalizing neighborhoods and business districts, enhancing the City’s economy, improving local aesthetics, and enriching the City’s culture; and
WHEREAS, the Landmark and Historic District Ordinance of the City of Santa Monica (the “Landmark Ordinance”) was first adopted in 1976 to protect improvements and areas that represent elements of the City’s cultural, social, economic, political and architectural history; safeguard the City’s heritage as it is embodied and reflected in such improvements and areas; foster civic and community pride; protect and enhance DocuSign Envelope ID: 42763CB8-FE7E-4C3B-B67E-3F81842B71A5

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Packet Pg. 1608 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 2 aesthetics and attractions; and promote the education, pleasure and welfare of City residents and visitors alike; and
WHEREAS, the City’s ongoing commitment to historic preservation was reaffirmed in 2002 when the City Council adopted the Historic Preservation Element of the General Plan, and again in 2010 when the City adopted the Land Use and Circulation Element of the General Plan (“LUCE”); and
WHEREAS, in 2015, the City adopted a comprehensive Zoning Ordinance Update that emphasized the City’s historic preservation priorities by including enhanced protections and incentives for designated historic resources and potential historic resources throughout the City; and
WHEREAS, Santa Monica Municipal Code (“SMMC”) Section 9.56.270 provides additional incentives for designated historic resources, including fee waivers for building permit and planning applications for designated Landmarks and contributing buildings or structures in Historic Districts, fee waivers for Certificates of Appropriateness and Administrative Approvals, application of the State Historic Building Code, priority plan check processing, and the opportunity for property tax reduction through the Mills Act, California Government Code Section 50280, et seq. (the “Mills Act”); and WHEREAS, the property tax reduction available through the Mills Act is the largest financial incentive available to Landmarks and contributing buildings and structures to Historic Districts; and
WHEREAS, the Landmarks Ordinance prohibits any alteration, restoration, construction, removal, relocation, or demolition, in whole or in part, of or to a Landmark DocuSign Envelope ID: 42763CB8-FE7E-4C3B-B67E-3F81842B71A5

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Packet Pg. 1609 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 3 or Landmark Parcel, or of or to a building or structure within a Historic District without first obtaining a Certificate of Appropriateness or a Certificate of Administrative Approval; and WHEREAS, Landmarks, Landmark Parcels, and building and structures within Historic Districts are further subject to generally-applicable building permit and planning application requirements; and
WHEREAS, the economic impacts of the COVID-19 pandemic have devastated nearly all of the City’s revenue streams, including sales tax, transient occupancy tax, parking revenue, and business license revenue; and
WHEREAS, after reviewing these impacts at its April 14, 2020 meeting, Council directed staff to develop a plan to restructure City operations to meet the challenges posed by COVID-19 and to balance the budget; and
WHEREAS, on May 5, 2020, the City Council adopted a restructuring plan (the “Restructuring Plan”) to: merge the Planning and Community Development Department and Building and Safety, City Planning, Economic Development, and Mobility divisions into the Community Development Department, and merge the Community & Cultural Services Department and the Housing Division into the Community Services Department; and
WHEREAS, on June 9, 2020, the City Council received the FY 2020-21 through FY 2024-25 Five-Year Forecast, the FY 2020-21 Proposed Budget, and the FY 2020-22 Proposed Biennial Capital Improvement Program (CIP) Budget; and WHEREAS, the FY 2020-21 Proposed Budget reflects a 23.8% percent decrease from the FY 2019-20 Revised Budget resulting from the economic crisis caused by the COVID-19 pandemic; and
DocuSign Envelope ID: 42763CB8-FE7E-4C3B-B67E-3F81842B71A5

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Packet Pg. 1610 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 4 WHEREAS, as the community emerges from quarantine and looks to the City for a return to service, including the continuation of programs that are being provided through the use of one-time funds, the City will require sustainable long-term sources of revenue to maintain and protect essential services; and
WHEREAS, the City is pursuing three approaches to address this concern, including increasing cost recovery through fees, public-private partnerships, and revenue tax measures; and
WHEREAS, on June 9, 2020, the City Council approved City staff’s recommendation regarding a restructured historic preservation program as well as several proposed fee and waiver changes designed to increase cost recovery, including eliminating the building permit and planning application waivers for Landmarks and contributing buildings or structures in Historic Districts; and WHEREAS, other incentives for designated historic resources provided under SMMC Section 9.56.270 will remain in place, including fee waivers for Certificates of Appropriateness and Administrative Approvals and the opportunity to receive a property tax reduction under the Mills Act; and
WHEREAS, the City now desires to amend SMMC Section 9.56.270 to eliminate fee waivers for building permit and planning applications for Landmarks and contributing buildings or structures in Historic Districts.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Santa Monica Municipal Code Section 9.56.270 is hereby amended to read as follows:

DocuSign Envelope ID: 42763CB8-FE7E-4C3B-B67E-3F81842B71A5

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Packet Pg. 1611 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 5 9.56.270 Preservation Incentives
A. Architectural Review Exemption.

1. Provided that a Certificate of Appropriateness is obtained from the Landmarks Commission, the following projects shall be exempt from review by the Architectural Review Board:
a. All work to a designated landmark building or contributing building or structure to an adopted Historic District; and b. All additions to, modifications of, alterations of, or new construction on a landmark parcel or parcel containing a contributing building or structure to an adopted Historic District.

2. The Landmarks Commission may refer any of these matters to the Architectural Review Board for comment.

B. Certificates of Appropriateness/Administrative Approval Fees. All certificate of appropriateness and certificate of administrative approval fees for any alteration, restoration or construction, in whole or in part, to a designated landmark or to a contributing building or structure located in a Historic District shall be waived.

C. Parking Incentives. Any parking incentives permitted by the Zoning Ordinance.

D. Streetscape Improvements in Historic Districts. Whenever streetscape improvements are proposed by the City in areas that are designated Historic Districts, the City shall consider the use of materials, landscaping, light standards and signage that are compatible with the area’s historic and architectural character.

DocuSign Envelope ID: 42763CB8-FE7E-4C3B-B67E-3F81842B71A5

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Packet Pg. 1612 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 6 E. State Historical Building Code. The California State Historical Building Code (Title 24, Part 8, California Administrative Code) shall be applied to alterations to designated structures of merit, landmarks, and contributing buildings and structures located in Historic Districts.

F. Historical Property Contracts. Designated structures of merit, landmarks and contributing buildings or structures located in Historic Districts that are privately owned and not exempt from taxation shall be considered qualified historical properties eligible for historical property contracts submitted or entered into, pursuant to the provisions of Article 12, commencing with Section 50280, Chapter 1, Part 1, Division 1, Title 5, of the California Government Code. The City Council shall, by resolution approve a historical property contract with the owner of a qualified historical property, provided that:

1. The property has no confirmed and outstanding violations of this Code, or any other applicable Federal, State or local law, rule or regulation;

2. The property is not subject to a tax delinquency; and

3. All completed or ongoing alterations, construction or rehabilitation to designated buildings or structures located on the property conform to the Secretary of Interior’s Standards for the treatment of Historic Properties.

G. Plan Check Processing. Structures designated as landmarks or contributing buildings or structures to a Historic District shall receive priority Building Division plan check processing.

SECTION 2. Any provision of the Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies DocuSign Envelope ID: 42763CB8-FE7E-4C3B-B67E-3F81842B71A5

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Packet Pg. 1613 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 7 and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 3. 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 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
_______________________
GEORGE S. CARDONA
Interim City Attorney
DocuSign Envelope ID: 42763CB8-FE7E-4C3B-B67E-3F81842B71A5

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Packet Pg. 1614 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) Approved and adopted this 14th day of July, 2020.
_____________________________
Kevin McKeown, Mayor
State of California )
County of Los Angeles ) ss.

City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2642 (CCS) had its introduction on June 23, 2020 and was adopted at the Santa Monica City Council meeting held on July 14, 2020, by the following vote:

AYES: Councilmembers Davis, Himmelrich, McCowan, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________ Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2642 (CCS) was duly published pursuant to California Government Code Section 40806.

DocuSign Envelope ID: 42763CB8-FE7E-4C3B-B67E-3F81842B71A5 7/22/2020

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Packet Pg. 1615 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 1 City Council Meeting: September 8, 2020 Santa Monica, California ORDINANCE NUMBER 2648 (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.10.070 TO ESTABLISH PROJECT REQUIREMENTS FOR TIER 3 HOUSING PROJECTS GREATER THAN 90,000 SQUARE FEET LOCATED IN THE CITY’S DOWNTOWN

DISTRICTS
WHEREAS, on July 25, 2017, the City Council adopted the Downtown Community Plan (“DCP”) which sets forth the City’s vision of the Downtown as a high quality, mixeduse district offering opportunities for housing for people across the income spectrum, jobs, arts and culture, local serving retail, and community and visitor gathering places; and WHEREAS, the DCP encourages the development of uses that support a 17 hours a day/7 days a week environment that meets the needs of businesses and residents, including retail goods and services, food stores, restaurants and cafés, hotels, health clubs, entertainment, and comparable uses; and
WHEREAS, in the DCP, Downtown housing projects are encouraged to support a strong and economically diverse residential neighborhood component; and WHEREAS, the DCP supports that encouragement by differentiating between housing projects and commercial projects and provides for various incentives for housing projects including increasing the thresholds that trigger requirements for greater amounts of process; and
DocuSign Envelope ID: 72E27F88-07BF-4F4D-BA08-93EC1A00C279

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Packet Pg. 1616 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 2 WHEREAS, the DCP’s requirements for Downtown housing projects are intended to incentivize and place a priority on the development of housing in Downtown, implement affordable housing requirements that result in a greater number and more diverse unit mix, and ensure greater discretionary review for commercial projects; and WHEREAS, the DCP establishes three application review procedures for housing projects: Administrative Approvals, Development Review Permits, and Development Agreements based on Tier level (1, 2, or 3) and the amount of proposed square footage in a project; and
WHEREAS, the DCP requires Tier 3 housing projects greater than 90,000 square feet require to be processed by a Development Agreement; and WHEREAS, Santa Monica Municipal Code Section 9.10.070 sets forth project requirements for all Tier 2 projects and Tier 3 projects up to 90,000 square feet; and WHEREAS, on April 9, 2019, the City Council adopted Ordinance Number 2606 (CCS) (“Ordinance 2606”), which, in part, made minor clarifications to Santa Monica Municipal Code Section 9.10.070; and
WHEREAS, portions of Section 9.10.070(C)(5) related to transportation demand management for housing projects were inadvertently omitted from Ordinance 2606, and the City Council desires to restore to Section 9.10.070(C)(5) the portions that were inadvertently omitted from Ordinance 2606; and
WHEREAS, on December 10, 2019, the City Council conducted a study session on housing policy in part to discuss options for increasing housing production throughout the City with a particular emphasis on incentivizing one hundred percent affordable housing projects and considered whether increasing the thresholds below which DocuSign Envelope ID: 72E27F88-07BF-4F4D-BA08-93EC1A00C279

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Packet Pg. 1617 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 3 ministerial review would be permitted for certain housing projects would further stimulate housing production; and
WHEREAS, on March 10, 2020, the City Council held a public hearing and adopted an Emergency Interim Zoning Ordinance Number 2633 (CCS), authorizing 100% Affordable Housing projects and housing projects compliant with the Housing Accountability Act to be processed by Administrative Approval; and WHEREAS, during its March 10, 2020 discussion, the City Council received testimony requesting that the City consider allowing Tier 3 housing projects located in the DCP area that exceed 90,000 square feet to be processed by Development Review Permit as a further means of stimulating housing production and streamlining the housing project approval process; and.

WHEREAS, approval of Tier 3 housing projects greater than 90,000 square feet by Development Review Permit offers greater predictability in both the review process and the requirements for applicants and is likely to decrease overall project costs; and WHEREAS, amending the text of the DCP to allow for the processing of Tier 3 housing projects greater than 90,000 square feet by Development Review Permit will encourage the development of larger housing projects and maximization of housing opportunity, thereby increasing housing production in the Downtown; and WHEREAS, establishing project requirements for Tier 3 housing projects greater than 90,000 square feet located in the DCP area will increase the certainty for applicants while implementing policies set forth in the Land Use and Circulation Element of the City’s General Plan that require development above the base floor area ratio and height to be accompanied by a range of community benefits, including incentives for the production of DocuSign Envelope ID: 72E27F88-07BF-4F4D-BA08-93EC1A00C279

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Packet Pg. 1618 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 4 affordable housing and reductions in the additional burdens more intense development allowed by the General Plan will impose on the City; and WHEREAS, on May 13, 2020, the Planning Commission adopted a Resolution of Intention, Resolution Number 20-011 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the Zoning Ordinance to establish project requirements for Tier 3 housing projects greater than 90,000 square feet located in the DCP area; and
WHEREAS, on May 20, 2020, the Planning Commission conducted a public hearing to consider its recommendations to the City Council, and, after considering oral and written testimony regarding the proposed amendments to the text of the Zoning Ordinance, made the following findings as set forth in Resolution Number 20-013 (PCS):

1. The proposed amendments to the text of the Zoning Ordinance are consistent with the General Plan in that the amendments implement the LUCE policies to create and support additional housing opportunities through incentives for process and development potential. Specifically, Policy LU11.2 states to expand housing opportunities near transit-rich districts including near Expo Light Rail stations such as within the Transit Adjacent (TA) district and Policy LU11.3 seeks to provide incentives for housing/affordable housing. Further, the proposed amendments support housing production through process incentives and design flexibility for Tier 3 housing projects that are consistent with the DCP and project requirements pursuant to the Zoning Ordinance; and

2. The proposed amendments to the text of the Zoning Ordinance are consistent with the purpose of the Zoning Ordinance to promote the growth of the DocuSign Envelope ID: 72E27F88-07BF-4F4D-BA08-93EC1A00C279

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Packet Pg. 1619 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 5 City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the proposed amendments will establish prescribed community benefit requirements for Tier 3 downtown housing projects greater than 90,000 square feet and thereby incentivize the development of Tier 3 housing projects within the Downtown Community Plan area; and
WHEREAS, on August 25, 2020, the City Council conducted a duly noticed hearing to consider the findings and recommendations of the Planning Commission, and desires to adopt the proposed Zoning Ordinance amendments set forth below.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Based upon the oral and written testimony presented to the City Council at the public hearing on August 25, 2020 regarding the proposed changes to the text of the Zoning Ordinance, the City Council hereby makes the following findings:

1. The proposed amendments to the text of the Zoning Ordinance are consistent with the General Plan in that the amendments implement the LUCE policies to create and support additional housing opportunities through incentives for process and development potential. Specifically, Policy LU11.2 states to expand housing opportunities near transit-rich districts including near Expo Light Rail stations such as within the Transit Adjacent (TA) district and Policy LU11.3 seeks to provide incentives for housing/affordable housing. Further, the proposed amendments support housing production through process incentives and design flexibility for Tier 3 housing projects that are consistent with the DCP and project requirements pursuant to the Zoning Ordinance.

DocuSign Envelope ID: 72E27F88-07BF-4F4D-BA08-93EC1A00C279

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Packet Pg. 1620 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 6 2. The proposed amendments to the text of the Zoning Ordinance are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that proposed amendments will establish prescribed community benefit requirements for Tier 3 downtown housing projects greater than 90,000 square feet and thereby incentivize the development of Tier 3 housing projects within the Downtown Community Plan area.

SECTION 2. Santa Monica Municipal Code Section 9.10.070 is hereby amended to read as follows:

9.10.070 Project Requirements
A. Purpose. The purpose of this section is to implement LUCE policies which require that as development is approved above the base FAR and height, it must accompanied by a range of community benefits from four priority categories: Affordable Housing, Trip Reduction and Traffic Management, Community Physical Improvements, and Social and Cultural Facilities. In addition to promoting the development of additional affordable housing and to maintaining existing City programs that provide incentives for the production of affordable housing, these requirements are intended to reduce the additional burdens more intense development allowed by the General Plan will impose on the City by requiring applicants to pay additional fees to mitigate project impacts or, in specific instances, allowing applicants to incorporate features into their projects.

B. Applicability. Except for 100% Affordable Housing Projects, the requirements of this Chapter apply to all projects involving new development and additions for which applicants propose to exceed the maximum base floor area or height DocuSign Envelope ID: 72E27F88-07BF-4F4D-BA08-93EC1A00C279

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Packet Pg. 1621 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 7 allowed for Tier 1 projects. The provisions of this Chapter establish the requirements under which additional floor area and height may be allowed up to the Tier 2 or Tier 3 maximum standards established in the Downtown Community Plan.

C. Housing and Mixed-Use Residential Projects Qualifying Benefits. An applicant seeking approval for a housing or mixed-use residential project that exceeds the base floor area ratio or height allowed in the district where the project is located shall provide community benefits in each of the following categories.

1. Housing. All Tier 2 projects and Tier 3 projects must meet the following requirements:
a. Affordable Housing. Subject to the modifications contained in this Section 9.10.070, all of the affordable units shall comply with the provisions of Chapter 9.64. As set forth in Table 9.10.070.A, applicants proposing residential and mixed-use residential projects shall incorporate the following:
i. A percentage of the total number of units in the project, corresponding with the height or FAR of the project, shall be deed-restricted as on-site affordable housing units. Any fractional affordable housing unit that results from this formula shall be provided as a whole affordable housing unit (i.e., any resulting fraction shall be rounded up to be the next larger integer).

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Packet Pg. 1622 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 8 Table 9.10.070.A: On-Site and Off-site Affordable Housing Requirements Height
(Feet)
On-site
Affordable
Housing %
Off-site
Affordable
Housing %
On-Site
Affordable
Housing % for
Development
Agreements and
Planning
Applications
Complete on or
before 11/11/16
Off-Site
Affordable
Housing % for
Development
Agreements and
Planning
Applications
Complete on or
before 11/11/16
40-50 20% 25% 20% 25%
52 21% 26% 20% 25%
54 22% 27% 20% 25%
56 23% 28% 20% 25%
58 24% 29% 20% 25%
60 25% 30% 20% 25%
62 26% 31% 20% 25%
64 27% 32% 20% 25%
66 28% 33% 20% 25%
68 29% 34% 20% 25%
70-84 30% 35% 20% 25%
DocuSign Envelope ID: 72E27F88-07BF-4F4D-BA08-93EC1A00C279

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Packet Pg. 1623 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 9 ii. Affordable housing units may be provided offsite pursuant to Section 9.64.060 except that the total number of affordable housing units shall be increased to the percentage of the total number of units in the project as set forth in Table 9.10.070.A. The offsite affordable housing units shall meet the following conditions:
(1) the affordable housing units are owned in whole or part and operated by a non-profit housing provider for the life of the project;
(2) the Final Construction Permit Sign Off or Certificate of Occupancy for the affordable units is issued prior to or concurrently with the Tier 2 or qualifying Tier 3 project; and (3) the location of the offsite location shall be within the boundaries of the Downtown or within a one-quarter mile radius of the market rate units.
iii. The total number of affordable housing units shall incorporate the affordability mix specified in Table 9.10.070.B. Any fractional affordable housing units that result from the percentage mix of total affordable housing units shall be aggregated into whole affordable housing units (i.e. any resulting fraction shall be added to other resulting fractions). The resulting whole units may be provided at 30%, 50%, 80%, or Moderate-income household affordability levels.

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Packet Pg. 1624 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 10 Table 9.10.070.B. Affordability
Affordability Level Affordability Mix of
Total Number of Affordable
Housing Units
30% Income
Household
20%
50% Income
Household
20%
80% Income
Household
30%
Moderate Income 30%
iv. An affordable housing unit shall have a minimum total floor area of no less than the average floor area of comparable market rate units in the project.
b. Unit Mix. Applicants proposing residential and mixed-use projects shall incorporate the following:
i. For market rate units:
(1) At least 15% of the units shall be three-bedroom units; (2) At least 20% of the units shall be two-bedroom units:
(3) No more than 15% of the units shall be studio units; (4) The average number of bedrooms for all of the market rate units combined shall be 1.2 or greater; and
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Packet Pg. 1625 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 11 (5) Notwithstanding subsections (C)(2)(a)(i)-(iii) above, any fractional housing unit less than 0.5 that results from this unit mix shall be rounded down to the next lower integer. Any fractional housing unit of 0.5 or more that results from this units mix shall be rounded up to the next larger integer.
ii. For affordable housing units:
(1) the average number of bedrooms for all of the affordable housing units combined shall be equal to or greater than the average number of bedrooms provided for all of the market rate units pursuant to subsection (C)(2)(a) of this Section.
(2) Affordable housing units shall be no smaller than the average size of comparable market rate units in the project.
iii. The Director may grant a waiver from this unit mix requirement pursuant to the requirements and procedures for Waivers in SMMC Chapter

9.43. 2. Transportation Impact Fee.
a. All Tier 2 and Tier 3. Projects shall pay an additional Transportation Impact Fee (TIF) of 90% of the maximum allowable fee established in the Transportation Impact Fee nexus study, for that portion of the floor area above the maximum Tier 1 floor area allowed by the Downtown Community Plan.

3. Open Space.
a. All Tier 2 and Tier 3. Projects shall pay an additional Parks and Recreation Development Impact Fee of 90% of the maximum allowable fee DocuSign Envelope ID: 72E27F88-07BF-4F4D-BA08-93EC1A00C279

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Packet Pg. 1626 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 12 established in the Parks and Recreation Fee nexus study for that portion of the floor area above the maximum Tier 1 floor area allowed by the Downtown Community Plan

4. Affordable Housing Commercial Linkage Fee.
a. All Tier 2 and Tier 3. Commercial portions of mixed-use projects shall pay a housing mitigation fee 23 percent above the base fee as required by Chapter 9.68, Affordable Housing Commercial Linkage Fee Program for that portion of the floor area above the maximum Tier 1 floor area allowed by the Downtown Community Plan

5. Transportation Demand Management. All Tier 2 and Tier 3 residential and mixed-use projects shall include the following Transportation Demand Management measures in addition to those required by Chapter 9.53, Transportation Demand Management:
a. For nonresidential components of projects, provide the following:
i. Bike valet, free of charge, during all automobile valet operating hours.
b. For residential components of projects, provide the following:
i. Free on-site shared bicycles intended for resident and guest use. This shall be optional if Citywide bikeshare is available within a 2-block radius of the project site.

D. All Other Projects Qualifying Benefits. An applicant seeking approval for Tier 2 and Tier 3 projects up to 30,000 square feet that are not residential or mixed-use DocuSign Envelope ID: 72E27F88-07BF-4F4D-BA08-93EC1A00C279

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Packet Pg. 1627 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 13 projects that exceed the base floor area or height allowed in the district where the project is located shall provide community benefits in each of the following categories.

1. Impact Fees.
a. Affordable Housing Commercial Linkage Fee.
i. Tier 2 and Tier 3 up to 30,000 square feet – Projects shall pay a housing mitigation fee 23% above the base fee as required by Chapter 9.68, Affordable Housing Commercial Linkage Fee Program for that portion of the floor area above the maximum Tier 1 floor area allowed by the Downtown Community Plan
b. Transportation Impact Fee.
i. Tier 2 and Tier 3 up to 30,000 square feet – Projects shall pay an additional transportation impact fee (TIF) 23% above the base fee required by Chapter 9.66, Transportation Impact Fee Program, for that portion of the floor area above the maximum Tier 1 floor area allowed by the Downtown Community Plan.
c. Open Space.
i. Tier 2 and Tier 3 up to 30,000 square feet. Projects shall pay an additional parks and recreation development impact fee 23% above the base fee required by Chapter 9.67, Parks and Recreation Fee Program, for that portion of the floor area above the maximum Tier 1 floor area allowed by the Downtown Community Plan.

2. Transportation Demand Management. All Tier 2 and Tier 3 Projects shall include the following Transportation Demand Management DocuSign Envelope ID: 72E27F88-07BF-4F4D-BA08-93EC1A00C279

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Packet Pg. 1628 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 14 measures in addition to those required by Chapter 9.53, Transportation Demand Management: bike valet, free of charge, during all automobile valet operating hours.

SECTION 3. Any provision of the Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 4. 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 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
_______________________
GEORGE S. CARDONA
Interim City Attorney
DocuSign Envelope ID: 72E27F88-07BF-4F4D-BA08-93EC1A00C279

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Packet Pg. 1629 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) Approved and adopted this 8th day of September, 2020.
_____________________________
Kevin McKeown, Mayor
State of California )
County of Los Angeles ) ss.

City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2648 (CCS) had its introduction on August 25, 2020 and was adopted at the Santa Monica City Council meeting held on September 8, 2020, by the following vote:

AYES: Councilmembers Davis, Himmelrich, Jara, McCowan, Winterer Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________ Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2648 (CCS) was duly published pursuant to California Government Code Section 40806.

DocuSign Envelope ID: 72E27F88-07BF-4F4D-BA08-93EC1A00C279 9/21/2020

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Packet Pg. 1630 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) City Council Meeting: September 8, 2020 Santa Monica, California ORDINANCE NUMBER 2649 (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA TO AMEND FOR CONSISTENCY WITH STATE LAW PROVISIONS THE TEXT OF THE CITY’S ZONING ORDINANCE RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS; STATE DENSITY

BONUSES FOR CERTAIN ONE HUNDRED PERCENT AFFORDABLE HOUSING PROJECTS AND AFFORDABLE HOUSING INCENTIVES; AND LARGE FAMILY DAY CARES
WHEREAS, the State is experiencing a severe housing crisis that is driving the cost of living beyond the reach of an increasing share of the population; and WHEREAS, the City has long been committed to ensuring that Santa Monica is an inclusive and affordable community despite mounting market pressures; and WHEREAS, through discussions that occurred as part of the adoption of major policy documents, including the current Land Use and Circulation Element (“LUCE”) of the City’s General Plan in 2010; the current Housing Element in 2013; the current Zoning Ordinance, Chapters 9.01 through 9.52 of Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”) in 2015; and the Downtown Community Plan in 2017, and recent amendments to the City’s Affordable Housing Production Program, the City has identified the need for a variety of housing types to serve all household sizes at all income levels; and
1 DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1631 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 2 WHEREAS, on September 5, 2019, the Governor signed SB 234, which prohibits a city from requiring zoning permits for large family daycare homes, and further limits a city’s ability to regulate family daycare homes in residential neighborhoods; and WHEREAS, on October 9, 2019, the Governor signed 18 bills into law to stimulate housing production (the “2019 housing package”), including: AB 1763, which amends the State Density Bonus Law to provide for increased density bonus incentives for housing developments that contain one hundred percent of the total units for lower income and moderate-income households; and WHEREAS, AB 881, AB 68, and SB 13, which amend State law to further restrict a city’s ability to regulate accessory dwelling units and junior accessory dwelling units as a means of encouraging and increasing their production; and WHEREAS, on December 4, 2019, the Planning Commission adopted a Resolution of Intention, Resolution Number 19-017, declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance for consistency with state law changes related to density bonus, accessory dwelling units and large family day cares; and
WHEREAS, on May 13, 2020, the Planning Commission conducted a public hearing to consider its recommendations to the City Council, and, after considering oral and written testimony regarding the proposed amendments to the text of the Zoning Ordinance, made the following findings as set forth in Resolution Number 20-007 (PCS):

1. The proposed amendments to the text of Zoning Ordinance to update provisions related to large family daycares, accessory dwelling units and junior accessory dwelling units, and density bonus for consistency with State law are consistent with the General Plan and any applicable Specific Plan in that the DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1632 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 3 amendments implement the LUCE policies to support childcare, housing production, and 100% affordable housing through incentives for process and development potential. Specifically, Policy CE9.1 calls for the support of large family childcare homes by encouraging their harmonious integration into neighborhoods and to provide incentives such as streamlines processing and permit regulations. With respect to accessory dwelling units, the LUCE specifically establishes that accessory dwelling units are permitted in single family housing designations. Further, Policies LU11.3 and LU11.6 seek to provide incentives for affordable housing with a focus on process streamlining, bonuses, and flexible standards. The proposed amendments also support housing production through process incentives for projects that comply with objective standards in the zoning ordinance; and

2. The proposed amendments are consistent with the purposes of the Zoning Ordinance in that they update provisions related to large family daycares, accessory dwelling units, and density bonus for consistency with State law, promote the growth of the City in an orderly manner, and promote and protect the public health, safety, and general welfare; and
WHEREAS, on August 25, 2020, the City Council conducted a duly noticed hearing to consider the findings and recommendations of the Planning Commission, and desires to adopt the proposed Zoning Ordinance amendments set forth below.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1633 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Based upon the oral and written testimony presented to the City Council at the public hearing on August 25, 2020 regarding the proposed changes to the text of the Zoning Ordinance, the City Council hereby makes the following findings:

1. The proposed amendments to the text of the Zoning
Ordinance to update provisions related to large family daycares, accessory dwelling units and junior accessory dwelling units, and density bonus for consistency with State law are consistent with the General Plan and any applicable Specific Plan in that the amendments implement the LUCE policies to support childcare, housing production, and 100% affordable housing through incentives for process and development potential.

Specifically, Policy CE9.1 calls for the support of large family childcare homes by encouraging their harmonious integration into neighborhoods and providing incentives such as streamlined processing and permit regulations.

With respect to accessory dwelling units, the LUCE specifically establishes that accessory dwelling units are permitted in single family housing designations. Further, Policies LU11.3 and LU11.6 seek to provide incentives for affordable housing with a focus on process streamlining, bonuses, and flexible standards. The proposed amendments also support housing production through process incentives for projects that comply with objective standards in the Zoning Ordinance.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1634 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 5 2. The proposed amendments are consistent with the purposes of the Zoning Ordinance in that they update provisions related to large family daycares, accessory dwelling units, and density bonus for consistency with State law, promote the growth of the City in an orderly manner, and promote and protect the public health, safety, and general welfare.

SECTION 2. Santa Monica Municipal Code Section 9.04.080 is hereby amended to read as follows:

9.04.080 Determining Floor Area
The floor area of a building is the total gross horizontal areas of all floors of a building, including usable basements and all other areas measured from the interior face of the exterior walls or, in the case of a shared wall, from the centerline of a wall separating the two buildings. Floor area also includes unenclosed decks, balconies, porches, and platforms used for commercial or restaurant activity. In addition to calculating floor area ratio, floor area shall be used to determine parking requirements and all relevant impact fees including but not limited to affordable housing fees, transportation impact fees, childcare linkage fees, cultural arts fees, and parks and recreation fees.

A. Included in Floor Area. Floor area is deemed to include:

1. The actual floor space of all habitable rooms on all levels and mezzanines, interior balconies, lofts, and closets;

2. Restrooms, lounges, lobbies, kitchens, storage areas, and interior hallways and corridors;
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1635 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 6 3. Portions of basements that meet Building Code requirements for habitable space;

4. Enclosed and roofed porches and balconies;

5. Interior courtyards, atria, paseos, walkways and corridors that are fully enclosed;

6. Storage and equipment spaces that are roofed and enclosed on all sides; and

7. Covered parking at or above grade.

B. Excluded from Floor Area. Floor area does not include:

1. Stairways and stairwells;

2. Elevators, elevator equipment rooms, and elevator shafts;

3. Ramps to a subterranean or semi-subterranean parking structure or ramps between floors of a parking structure provided the ramp does not accommodate parking;

4. Loading spaces and docks used exclusively for loading and unloading as required by Section 9.28.080;

5. Unenclosed decks, balconies, porches, and platforms not used for commercial or restaurant activity;

6. Covered and uncovered courtyards, arcades, atria, paseos, walkways, and corridors located at or near the street level and are accessible to the general public provided they are not used as sales, display, storage, service, or production areas;
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1636 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 7 7. Parking areas located below finished grade or finished floor of habitable space where the vertical distance between finished grade and finished floor is 5 feet or less;

8. Semi-subterranean parking areas that meet the following criteria:
a. The parking area is located below finished grade along a minimum of one street frontage;
b. The portions of the parking area located above finished grade are a result of the site’s slope and cannot feasibly be fully subterranean due to geological or physical site constraints; and
c. The facades of any of the visible portions of the parking area located above finished grade are appropriately treated and landscaped.

9. Mechanical equipment rooms, electrical rooms, telecommunication equipment rooms, and similar space located below grade;

10. Enclosures constructed pursuant to Section 9.31.060, Automobile Repair, Major and Minor, for outdoor hoists in existence on the adoption of Ordinance Number 1452 (CCS);

11. Attics;

12. Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1637 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 8 SECTION 3. Santa Monica Municipal Code Section 9.04.100 is hereby amended to read as follows:

9.04.100 Determining Residential Parcel Coverage
Parcel coverage is the ratio of the total footprint area of all structures on a parcel to the parcel area, typically expressed as a percentage. Areas directly below projections as identified in Section 9.21.110 that are not within minimum setback areas shall be considered part of the footprint area of a story for purposes of calculating parcel coverage for that story. Areas directly below a fully-enclosed second-story cantilever shall be considered part of the ground floor footprint area for purposes of calculating ground floor parcel coverage. Areas in any single-story portion of the building that exceed the height of the second story shall be considered part of the second-story footprint area for purposes of calculating second-story parcel coverage. Areas covered by or directly below the following shall be excluded from the footprint area for purposes of determining parcel coverage:

A. Permitted projections into minimum setback areas pursuant to Section

9.21.110;
B. Eaves, awnings, canopies, sun shades, sills, cornices, belt courses, or other similar solid architectural features not within minimum setback areas project up to the same distances as permitted pursuant to Section 9.21.110; C. Greenhouse windows, bay windows, or similar architectural features not within minimum setback areas projecting to the same dimensions as permitted pursuant to Section 9.21.110;
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1638 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 9 D. First-story roofed front porches of principal buildings that are open on at least the front and one side elevation not within minimum setback areas; E. Upper-story stepback areas that are open to the sky or covered by a roof structure that is at least 50% open to the sky;
F. First-story outdoor areas open on at least two sides that are covered or below a permitted upper-story outdoor space;
G. Projecting upper-story outdoor space not within minimum setback areas open on at least two contiguous sides and open to the sky or covered by a roof structure that is at least 50% open to the sky;
H. Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025;
I. Within the R1 District, areas totaling no more than 3% of the parcel area directly below a fully enclosed second-story cantilever; and J. Within the R1 District, accessory structures that are open to the sky or covered by a roof structure that is at least 50% open to the sky.

SECTION 4. Santa Monica Municipal Code Section 9.07.010 is hereby amended to read as follows:

9.07.010 Purpose
The purposes of the “Single-Unit Residential” District are to:

A. Provide for single-unit housing on individual parcels at densities of one unit plus one accessory dwelling unit and one junior accessory dwelling unit to suit the spectrum of individual lifestyles and space needs and ensure continued availability of the DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1639 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 10 range of housing opportunities necessary to meet the needs of all segments of the community consistent with the General Plan and State law.

B. Preserve and protect the existing character and state of the City’s different residential neighborhoods and the quality of life of City residents against potential deleterious impacts related to development—traffic, noise, air quality, and the encroachment of commercial activities.

C. Ensure adequate light, air, privacy, and open space for each dwelling.

D. Avoid overburdening public facilities, including sewer, water, electricity, and schools by an influx and increase of people to a degree larger than the City’s geographic limits, tax base, or financial capabilities can reasonably and responsibly accommodate.

E. Ensure that the scale and design of new development and alterations to existing structures are consistent with the scale, mass, and character of the existing residential neighborhood.

F. Provide sites for institutional, residential, and neighborhood serving uses such as day care, parks, and community facilities.

G. Promote the rehabilitation and long-term maintenance of existing structures.

The specific designation and additional purposes of the Single-Unit Residential District are:

R1 Single-Unit Residential. To provide areas for single-unit housing on individual parcels at densities of one unit plus one accessory dwelling unit and one junior accessory dwelling unit per legal parcel. In addition to detached single-unit homes, accessory DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1640 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 11 dwelling units, and junior accessory dwelling units, this District provides for uses such as parks and family day care that may be integrated into a residential environment.

SECTION 5. Santa Monica Municipal Code Section 9.07.020 is hereby amended to read as follows:

9.07.020 Land Use Regulations
Table 9.07.020 prescribes the land use regulations for Single-Unit Residential District.

The regulations for each district are established by the letter designations listed below.

These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review. “P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit.
“–” designates uses that are not permitted.

Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and subclassifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1641 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 12 also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance.

TABLE 9.07.020: LAND USE REGULATIONS—SINGLE-UNIT RESIDENTIAL DISTRICTS Use Classification R1 Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.

Single Unit Dwelling P
Accessory Dwelling Unit P Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Junior Accessory Dwelling Unit P Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Duplex MUP
Only on parcels having not less than 6,000 square feet of area and a side parcel line of which abuts or is separated by an alley from any R2, R3, or R4 district
Family Day Care See sub-classifications below.

Large P Section 9.31.140, Family Day Care, Large
Small P
Residential Facilities See sub-classifications below.

Residential Care, Limited P Section 9.31.270, Residential Care Facilities Hospice, Limited P
Supportive Housing P
Transitional Housing P
Public and Semi-Public Uses
Adult Day Care CUP
Child Care and Early Education
Facilities CUP Section 9.31.120, Child Care and Early Education Facilities Bed and Breakfast CUP Within Designated Landmarks only. Section 9.31.090, Bed and Breakfasts
Community Assembly CUP
Community Gardens P
Park and Recreations Facilities, Public P
Schools, Public or Private CUP
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P P P
Utilities, Minor P P P
SECTION 6. Santa Monica Municipal Code Section 9.07.030 is hereby amended to read as follows:

9.07.030 Development Standards
Table 9.07.030 prescribes the development standards for the Single-Unit Residential (R1) District. Additional regulations, including incentives for the retention of DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1642 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 13 existing homes, are denoted with Section numbers throughout the table. Specific R1 District design review criteria is located directly following the table.

Table 9.07.030: Development Standards—Single-Unit Residential District Standard R1 Additional Regulations
Parcel and Density Standards
Minimum Parcel Area (sq. ft.) 5,000
Maximum Parcel Area (sq. ft.) See Section 9.21.030(B)
Minimum Parcel Width (ft.) 50 For parcels bounded by the centerlines of First Court Alley, Seventh Street, Montana
Place North Alley, and Adelaide Drive, the
minimum parcel width is 100 ft. and the
minimum parcel depth is 175 ft.

Minimum Parcel Depth (ft.) 100
Maximum Residential Density 1 unit per parcel plus 1 accessory dwelling unit and 1 junior accessory
dwelling unit subject to Section

9.31.025
A duplex may be permitted with an MUP
as provided in Table 9.07.020.

Maximum Parcel Coverage (% of Parcel Area)
One-story structure less
than 18 ft. in height 50%
For parcels less than 5,000 sq. ft., a
maximum parcel coverage equaling 2,500
sq. ft. shall be permitted.

One-story structure 18 ft.
or more in height
45% For parcels less than 5,000 sq. ft., a
maximum parcel coverage equaling 2,250
sq. ft. shall be permitted.

Two-story structure
45%
Parcel coverage shall be the sum of
ground floor parcel coverage and
second story parcel coverage.

For parcels less than 5,000 sq. ft., a
maximum parcel coverage equaling 2,250
sq. ft. shall be permitted with no more than
1,125 sq. ft. allowable on the second story.

Existing two-story structure
with addition
55%
For a two-story structure, parcel
coverage shall be the sum of ground
floor parcel coverage and second
story parcel coverage.

For parcels less than 5,000 sq. ft., a
maximum parcel coverage equaling 2,750
sq. ft. shall be permitted with no more than
1,375 sq. ft. allowable on the second story.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1643 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 14 Table 9.07.030: Development Standards—Single-Unit Residential District Standard R1 Additional Regulations
Building Form and Location
Maximum Number of Stories 2
Maximum Building Height (ft.)
Parcels up to 20,000 sq. ft.
in area
28 ft.
with no wall height above 23 ft.

Parcels greater than
20,000 sq. ft. in area and
with a front parcel line at
least 200 ft.
in length
• 28 ft. for flat roof
• 32 ft. for pitched roof
Projections into
Height Limits See Section 9.21.060, Height Projections
Minimum Setbacks (ft.)
Front Per Official Districting Map or 20 ft. if
not specified
Side - One-story structure
less than 18 ft. in height
10% of parcel width or 3.5 ft.,
whichever is greater, but no more than
15 ft. required
Side - Aggregate of both
sides for a two-story
structure or one-story
structure 18 ft. or more in
height
30% of parcel width, but no more than
45 ft. required and each side shall be
at least 10% of the parcel width or 3.5
ft., whichever is greater
The aggregate side setback requirement
does not apply to the following:
• New structures on parcels that are
45 ft. or less in parcel width
• Additions to existing structures on
parcels that are less than 50 ft. in
width
• Structures on parcels less than
5,000 sq. ft.

Rear 15 ft. from rear parcel line
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1644 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 15 Table 9.07.030: Development Standards—Single-Unit Residential District Standard R1 Additional Regulations
Additional Minimum Stepbacks for Upper Stories
Front Upper-Story
Stepback
The sum of all stepback areas shall be
at least 1% of total parcel area and
comply with the following:
• Each stepback area shall
have a minimum depth of 3%
of total parcel depth and shall
be measured from the
required front setback.
• Any stepback area exceeding
6% of total parcel depth from
the required front setback
shall not be included in
calculating compliance with
this standard.
• Any stepback area used to
comply with a side upperstory stepback requirement
shall not be included in
calculating compliance with
this standard.
• This standard shall apply to
the total front building
elevation.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1645 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 16 Table 9.07.030: Development Standards—Single-Unit Residential District Standard R1 Additional Regulations
Side Upper-Story
Stepbacks
The sum of all stepback areas shall be
at least 1% of total parcel area and
comply with the following:
• Each stepback areas shall have
a minimum depth of 20% of
total parcel width and shall be
measured from the side parcel
line.
• Any stepback area with a depth
exceeding 25% of total parcel
width from the side parcel line
shall not be included in
calculating compliance with this
standard.
• Any stepback area used to
comply with a front upper-story
stepback requirement shall not
be included in calculating
compliance with this standard.
• This standard shall apply to
each total side building
elevation.

Sides—All portions of
buildings exceeding 23 ft.
in height
• No portion of a building other
than a permitted projection
shall intersect a plane
commencing at 23 ft. in height
at the minimum side setback
that extends at an angle of 45-
degrees from the vertical
toward the interior of the site.
• The 23 ft. height measurement
shall be taken from the same
reference grade as determined
for the subject site pursuant to
Section 9.04.050.

Upper-Story Outdoor Space
Maximum Size of Individual
Balcony, Terrace, Deck,
First-Story Roof Deck, or
Similar Outdoor Space
3% of parcel area or 300 sq. ft.,
whichever is less
Individual balconies, terraces, decks, firststory roof decks, or similar outdoor spaces larger than 100 sq. ft. located in the rear
half of the parcel shall be set back a
minimum distance of 20% of the parcel
width from the side parcel lines.

Maximum Size of Roof
Deck above Second Story
3% of parcel area or 300 sq. ft.,
whichever is less
Maximum of 1 per parcel with a 7 ft.
minimum setback from edges of building
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1646 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 17 Table 9.07.030: Development Standards—Single-Unit Residential District Standard R1 Additional Regulations
Openness and Use of Setbacks
Maximum Front Setback Paving (% of required front setback area) Parcels 25 ft. or more in
width 50%
Parcels less than 25 ft. in
width 60%
Building Projections into
Setbacks See Section 9.21.110, Projections into Required Setbacks Excavation for Lightwells, Stairwells, and Access to Subterranean Garages and Basements Basements and
Subterranean Garages
No basement or subterranean garage
shall extend into any setback area,
except for any basement or garage
located beneath an accessory building
which is otherwise permitted within a
setback area, if such basement, semisubterranean, or subterranean garage is located at least 5 ft. from any parcel
line.

Lightwells and Stairwells
• Side and rear setbacks may be
utilized for lightwells or stairways to
below-grade areas.
• Excavated areas shall be set back
a minimum of 10% of the parcel
width from any parcel line
measured to the interior wall
surface of these excavated areas.
• For parcels where the aggregate side
setback is not required, up to a total of
50 sq. ft. within the side and rear
setbacks may be utilized for lightwells
or stairways to below-grade areas.
• Retaining walls shall not be included in
calculations for these excavated areas.

Excavation for Access
Excavation in the front setback area
for a driveway, stairway, doorway, or
other such element for access
purposes shall be no deeper than 3 ft.
below existing grade.

Vehicle Accommodation
Parking • See Sections 9.28.070, Location of Parking
• Section 9.28.120, Parking Design and Development Standards Driveways • On parcels less than 100 ft. in width, no more than one driveway permitted • See Section 9.28.120, Parking Design and Development Standards Incentives for Retention of Existing Homes
Building Additions Section 9.21.170, Building Additions Extending into Minimum Side Setbacks DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1647 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 18 Table 9.07.030: Development Standards—Single-Unit Residential District Standard R1 Additional Regulations
Modifications to Development
Standards Chapter 9.43 Modification and Waivers
Architectural Review
Architectural Review See Section 9.07.030(A)
Additional Standards
Accessory Buildings and
Structures Section 9.21.020, Accessory Buildings and Structures Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Basements Section 9.52.020.0230, Basement Definition
Fences, Walls, and Hedges Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling
Units
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Off-Street Parking Chapter 9.28, Parking, Loading, and Circulation Private Tennis Courts Section 9.31.250, Private Tennis Courts Projections from Buildings into
Minimum Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks Projections into Height Limits Section 9.21.060, Height Projections Refuse and Recycling
Screening and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards Solar Energy Systems Section 9.21.150, Solar Energy Systems A. Architectural Review.

1. Proposed development in the R1 Single-Unit District shall not be subject to architectural review if it conforms to the development standards set forth above except as follows:
a. The Architectural Review Board shall review any proposed duplex pursuant to Section 9.55.140.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1648 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 19 b.
i. The Architectural Review Board shall review proposed development that is located on a parcel with a grade differential of 12.5 feet or more between the front and rear parcel lines, and associated with the following:
(a) new residential building; or
(b) a 50 percent or greater square foot addition to an
existing dwelling unit.
ii. A proposed structure may be approved if its size, mass, and placement are found to be compatible with improvements in the immediate neighborhood.

2. The Architectural Review Board shall review and may approve proposed development that does not conform to the development standards set forth above as follows:
a. The Architectural Review Board shall review any proposed addition of 500 square feet or less that is regarded as a third story that is located on a parcel with a grade differential of 12.5 or more between the front and rear parcel lines. The Architectural Review Board may approve such an addition if the following findings of fact are made i. the street frontage and overall massing are compatible with the existing scale and neighborhood context;
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1649 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 20 ii. the addition does not enlarge the first-story of the existing residence such that a nonconforming condition is expanded; and
iii. the properties in the immediate neighborhood will not be substantially impacted.
b.
i. The Architectural Review Board shall review the following:
(a) Any proposed new structure on a parcel that is more than 45 feet in width that does not comply with the
minimum aggregate side setback but that is set back a
minimum of 10% of parcel width on each side;
(b) Any proposed addition to an existing structure on a parcel 50 feet or more that does not comply with the
minimum aggregate side setback but that is set back a
minimum of 10% of parcel width on each side;
(c) Any proposed two-story structure that does not
conform to the standard set forth above for additional
minimum stepbacks for upper stories;
(d) Any proposed structure that does not conform to the standards for subterranean garages and basements
set forth in Table 9.07.030, Chapter 9.28 (Parking), and Section 9.52.020.230 of this Code;
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1650 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 21 (e) Any proposed individual upper story balcony, terrace, deck, first-story roof deck, or similar outdoor space that does not conform to the standard set forth above;
(f) Any proposed structure with garage doors that face the public street, are located within the front half of the parcel, and (i) are not set back from the primary façade facing the public street a minimum of 5 feet or (ii) are more than 16 feet in width; or
(g) Any proposed structure that includes a first-story porch or second-story balcony that (a) is open on at least
three sides, (b) has a height of no more than 14 feet,
including parapets and railings, (c) projects into the
minimum front setback and (d) exceeds 50 percent of
the front building width as measured at the front
façade.
ii. The Architectural Review Board may approve a design modification set forth in this subsection if the following findings of fact are made:
(a) There are special circumstances or exceptional
characteristics applicable to the property involved,
including size, shape, topography, surroundings, or
location of the existing improvements or mature
landscaping on the site;
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1651 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 22 (b) Granting the design modification will not be detrimental or injurious to the property or to improvements in the
general vicinity and district in which the property is
located;
(c) Granting the design modification will not impair the integrity and character of surrounding context, or
impact the light, air, open space, or privacy of adjacent properties;
(d) If the design modification includes a modification or addition to a building on the City’s Historic Resources Inventory, the modification or addition is compatible
with the building’s historic architectural character, does not result in the removal of historic building features, and is consistent with the Secretary of the Interior
Standards for Rehabilitation; and
(e) The design modifications comply with the criteria set forth in Section 9.55.140.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1652 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 23 SECTION 7. Santa Monica Municipal Code Section 9.08.010 is hereby amended to read as follows:

9.08.010 Purpose
The purposes of the “Multi-Unit Residential” Districts are to:

A. Provide for a variety of multi-unit housing types to suit the spectrum of individual lifestyles and space needs and ensure continued availability of the range of housing opportunities necessary to sustain a diverse labor force and meet the needs of all segments of the community consistent with the General Plan.

B. Preserve and protect the existing character and state of the City’s different residential neighborhoods and the quality of life of City residents against potential impacts related to development—traffic, noise, air quality, and the encroachment of commercial activities.

C. Ensure adequate light, air, privacy, and open space for each dwelling.

D. Avoid overburdening public facilities, including sewer, water, electricity, and schools by an influx and increase of people to a degree larger than the City’s geographic limits, tax base, or financial capabilities can reasonably and responsibly accommodate.

E. Ensure that the scale and design of new development and alterations to existing structures are consistent with the scale, mass, and character of the existing residential neighborhood and provide respectful transitions to minimize impacts on or disruptions to adjacent residential structures.

F. Provide sites for institutional, residential, and neighborhood serving uses such as day care, parks, community facilities, and neighborhood stores that provide goods and DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1653 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 24 services to support daily life within walking distance of neighborhoods and complement surrounding residential development.

The specific designations and the additional purposes of the Multi-Unit Residential Districts are:

R2 Low Density Residential. This Zoning District is intended to provide areas for a variety of low-density housing types. These include single-unit housing, duplexes and triplexes, low-scale multi-unit housing, townhouses, and courtyard housing with at least 2,000 square feet of parcel area per unit exclusive of City and State density bonuses.

Accessory dwelling units and junior accessory dwelling units are also permitted. In addition to low density residential development, this District provides for uses such as transitional housing or hospice facilities, family day care, and neighborhood serving uses such as childcare, neighborhood grocery stores, and community facilities that may be appropriate in a residential environment.

R3 Medium Density Residential. This Zoning District is intended to provide areas for a variety of multi-unit housing types with at least 1,500 square feet of parcel area per unit exclusive of City and State density bonuses or 1,250 square feet of parcel area per unit, not including City and State density bonuses, for projects that provide identified community benefits. Types of dwelling units include single-unit housing, low- and medium-scale multi-unit housing, townhouses, courtyard housing, and duplexes and triplexes. Accessory dwelling units and junior accessory dwelling units are also permitted.

This District also provides for residential facilities such as transitional housing and hospice facilities, family day care, and neighborhood serving uses such as childcare, DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1654 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 25 neighborhood grocery stores, and community facilities that may be appropriate in a residential environment.

R4 High Density Residential. This Zoning District is intended to provide areas for multi-unit housing at greater intensities than other residential districts. Housing types include single-unit housing, three- to four-story multi-unit housing projects, duplexes, and triplexes with at least 1,250 square feet of parcel area per unit exclusive of City and State density bonuses or 900 square feet of parcel area per unit, not including City and State density bonuses for projects that provide identified community benefits. Accessory dwelling units and junior accessory dwelling units are also permitted. This District also provides for residential facilities such as assisted living, transitional housing, and hospice facilities, hotels, family day care, and neighborhood serving uses such as childcare, neighborhood grocery stores, and community facilities that may be appropriate in a residential environment.

SECTION 8. Santa Monica Municipal Code Section 9.08.020 is hereby amended to read as follows:

9.08.020 Land Use Regulations
Table 9.08.020 prescribes the land use regulations for Multi-Unit Residential Districts.

The regulations for each district are established by letter designations listed below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1655 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 26 “CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit.
“–” designates uses that are not permitted.

Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and subclassifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance.

TABLE 9.08.020: LAND USE REGULATIONS—MULTI-UNIT RESIDENTIAL DISTRICTS Use Classification
*For uses within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.

Single Unit Dwelling P P P
Accessory Dwelling Unit P P P Section 9.31.025, Accessory Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit P P P Section 9.31.025, Accessory Dwelling Units and Junior
Accessory Dwelling Units
Duplex P P P
Multiple-Unit Structure P P P
Senior Citizen Multiple-Unit
Residential P P P
Single-Room Occupancy Housing P P P
Group Residential MUP MUP MUP
Congregate Housing P P P
Senior Group Residential P P P Section 9.31.310, Senior Group Residential
Elderly and Long-Term Care CUP CUP CUP
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1656 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 27 TABLE 9.08.020: LAND USE REGULATIONS—MULTI-UNIT RESIDENTIAL DISTRICTS Use Classification
*For uses within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Emergency Shelters – CUP CUP Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.

Large P P P Section 9.31.140, Family Day
Care, Large
Small P P P
Residential Facilities See sub-classifications below.

Residential Care, General MUP MUP MUP Section 9.31.270, Residential Care Facilities
Residential Care, Limited P P P Section 9.31.270, Residential Care Facilities
Residential Care, Senior L (2)/MUP L (2)/MUP L (2)/MUP Section 9.31.270, Residential Care Facilities
Hospice, General MUP MUP MUP
Hospice, Limited P P P
Supportive Housing P P P
Transitional Housing P P P
Public and Semi-Public Uses
Adult Day Care CUP CUP CUP
Child Care and Early Education
Facilities CUP CUP CUP Section 9.31.120, Child Care and Early Education Facilities Community Assembly CUP CUP CUP
Community Gardens P P P
Cultural Facilities CUP CUP CUP Limited to Designated
Landmarks
Park and Recreations Facilities, Public P P P
Schools, Public or Private CUP CUP CUP
Commercial Uses
Automobile/Vehicle Sales and Services See sub-classifications below.

Automobile Storage Use CUP (3) CUP (3) –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Automobile/Vehicle Sales and
Leasing L (4)/CUP L (4)/CUP –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Food and Beverage Sales See sub-classifications below.

General Market CUP (5) CUP (5) CUP (5)
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.150, General
Markets in Residential Districts
Lodging See sub-classifications below.

Bed and Breakfast CUP CUP CUP
Within Designated Landmarks
only. Section 9.31.090, Bed and
Breakfasts
Hotels and Motels – – CUP
Mobile Food Truck Off-Street Venues – MUP (7) – Section 9.31.190, Mobile Food DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1657 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 28 TABLE 9.08.020: LAND USE REGULATIONS—MULTI-UNIT RESIDENTIAL DISTRICTS Use Classification
*For uses within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Truck Off-Street Venues
Personal Services, Physical Training – L (9) –
Retail Sales See sub-classifications below.

General Retail Sales, Small-scale – CUP (8) –
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P P P
Utilities, Minor P P P
Specific Limitations:
(1) Reserved
(2) Facilities for 6 or fewer residents are permitted by right. Other facilities require approval of a Minor Use Permit.
(3) Limited to automobile storage use associated with and adjacent to existing auto dealerships that were legally established before July 6, 2010, and according to the standards of Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage.
(4) Auto dealership uses existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships in residential zones are subject to approval of a Conditional Use Permit and must conform to the standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage. New auto dealerships and expansions of existing dealerships inconsistent with Section 9.31.070 are prohibited. (5) Only stores up to 2,500 square feet may be allowed with approval of a Conditional Use Permit. Stores must be located at least 300 feet from another retail Food and Beverage Services use. (6) Reserved
(7) Mobile Food Truck Off-Street Venues shall only be located on the R3A overlay parcels located between Ocean Park Boulevard and Hill Street along the east side of Neilson Way. (8) Limited to bicycle and skate rental facilities along Ocean Front. Other General Retail Sales uses are not permitted.
(9) Limited to youth-serving studios of less than 3,000 square feet offering performing arts, dance, martial arts, physical exercise, and similar types of instruction in buildings designed and constructed for commercial purposes across an alley from the Downtown district subject to a passenger loading and drop-off plan to be reviewed and approved by the Director.

SECTION 9. Santa Monica Municipal Code Section 9.08.030 is hereby amended to read as follows:

9.08.030 Development Standards
Table 9.08.030 prescribes the development standards for the Multi-Unit Residential Districts. Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses. Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to subsections that directly follow the table.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1658 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 29 TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS Standard
*For development standards
within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Parcel and Density Standards
Minimum Parcel Size (sq. ft.) 5,000 5,000 5,000
Maximum Parcel Size (sq. ft.) See

9.21.030(B)(C)
See

9.21.030(B)(C)
See

9.21.030(B)(C)
Minimum Parcel Width (ft.) 50 50 50
Minimum Parcel Depth (ft.) 100 100 100
Minimum Parcel Area (sq. ft.) per Unit
Tier 1—Base Standard
2,000 (or 4
total units,
whichever is
less)
1,500 (or 5
total units,
whichever is
less)
1,250 (or 6
total units,
whichever is
less)
For parcels consolidated
to provide courtyards, the
maximum allowable
number of units shall be
based on the total
maximum number of units
allowed on each of the
parcels prior to
consolidation.

Tier 2—With Provision of
Community Benefits NA 1,250 900 Chapter 9.23, Community Benefits 100% Affordable Housing
Projects 1,500 1,250 900
Building Form and Location
Maximum Number of Stories
Tier 1—Base Standard 2 2 3
Tier 2—With Provision of
Community Benefits NA 3 4 Chapter 9.23, Community Benefits 100% Affordable Housing
Projects
No limit on number of stories as long as building
complies with height limit.

Maximum Building Height (ft.)
Tier 1—Base Standard 30. See (B) 30. See (B) 30. See (B) Tier 2—With Provision of
Community Benefits NA 40. See (B) 45. See (B) Chapter 9.23, Community Benefits 100% Affordable Housing
Projects 30. See (B) 40. See (B) 45. See (B)
Maximum Parcel Coverage
Ground Floor 45 50 50
Upper Stories (% of allowable
ground floor coverage) 90 - 2nd flr. 90 - 2nd/3rd flr.
80 - 2nd flr.
60 - 3rd flr.
50 - 4th flr.

Additional Stories Authorized for
100% Affordable Housing
Projects (% of ground floor
coverage)
90 90 50
Minimum Setbacks
Front (ft.) 20
See (C)(E)
20 See (C)(E)
20 See (C)(E)
Interior Side (ft.)—Parcels 50
feet or more in width
8 See (E)
8 See (E)
8 See (E)
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1659 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 30 TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS Standard
*For development standards
within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Interior Side (ft.)—Parcels less
than 50 ft in width
4, or 16% of
parcel width,
whichever is
greater. See
(E)
4, or 16% of
parcel width,
whichever is
greater. See
(E)
4, or 16% of
parcel width,
whichever is
greater. See
(E)
Street Side (% of parcel width) 15
See (C)(E)
15 See (C)(E)
15 See (C)(E)
Rear (ft.) 15 15 15
Parking
See Sections 9.28.070, Location of Parking and

9.28.120, Parking Design and Development
Standards
Transition Requirements Adjacent
to R1 District See (D) See (D) See (D)
Open Space & Landscaping
Minimum Outdoor Living Area per
Unit (sq. ft.)—Sites with Three or
More Units
Section 9.21.090, Outdoor
Living Area
Private 60 60 60
Total 150 150 100
Courtyards—Parcels over 99 feet in
width
No less than
10% of the total
parcel area.

See (F)
No less than
10% of the total
parcel area.

See (F)
No less than
10% of the total
parcel area.

See (F)
Minimum Planting Area (% of parcel
area) 30. See (G) 25. See (G) 20. See (G) Chapter 9.26, Landscaping Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Accessory Structures Section 9.21.020, Accessory Buildings and Structures Exceptions to Height Limits Section 9.21.060, Height Exceptions Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Landscaping Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Required Setbacks Section 9.21.110, Projections into Required Setbacks Screening Section 9.21.140, Screening
Signs Chapter 9.61, Signs
Solar Energy Systems Section 9.21.150, Solar Energy Systems Refuse and Recycling Screening
and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1660 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 31 A. Development Standards, Specified Areas. The following development standards shall govern in the areas defined below.

1. For Multi-Unit Residential District parcels located north of the Pier and west of Ocean Avenue, the following development standards shall apply in lieu of the corresponding land use regulations specified in Table 9.08.020 and development standards specified in Table 9.08.030:
a. Uses.
i. Permitted Uses: One Single-Unit Dwelling per lot placed on a permanent foundation (including Manufactured Housing); Accessory Dwelling Unit; Junior Accessory Dwelling Unit; Single-Room Occupancy Housing; Congregate Housing; Senior Citizen Multiple-Unit Residential; Senior Group Residential; Family Day Care, Small; Supportive Housing; Transitional Housing; Hospice, Limited; One-story accessory building and structures up to 14 feet in height; Public parks and playgrounds. ii. Uses Subject to Minor Use Permits: Hospice, General; One-story accessory living quarters up to 14 feet in height on parcels having a minimum area of 10,000 SF.
iii. Conditionally Permitted Uses: Bed and Breakfast; Day Care Center; Group Residential; Residential Care Facility; Offices and meeting rooms for charitable, youth, and welfare organizations; Schools. b. Maximum Building Height. Maximum building height shall be 40 feet, except that:

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1661 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 32 i. No portion of the building may project beyond the site view envelope. The site view envelope is a theoretical plane beginning midpoint at the minimum required beach setback line and extending to a height of 30 feet, and then running parallel with the side parcel lines to a point located 5 feet in height above the top of the Palisades bluff immediately behind the pedestrian railing.
ii. No portion of the building above 23 feet for a flat roof, and 30 feet for a pitched roof may exceed 30 feet in width. Multiple projections above 23 feet for a flat roof and 30 feet for a pitched roof shall be separated by a minimum 20-foot wide unobstructed view corridor. No projections, connections, or mechanical equipment may be placed in the view corridor.
c. Maximum Unit Density. For parcels 4,000 square feet or more, the maximum unit density shall be one dwelling unit for each 1,500 square feet of parcel area, or 4 total units, whichever is less. For parcels less than 4,000 square feet, no dwelling units shall be permitted, except that one dwelling unit may be permitted on any legal parcel which existed on September 8, 1988. No more than one dwelling unit shall be permitted on a parcel 40 feet or less in width. Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025 shall be deemed to meet the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located. d. Maximum Parcel Coverage. 50 percent of the parcel area.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1662 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 33 e. Front Yard Setback. The minimum required front yard setback shall be either 20 feet or shall comply with the minimum front yard setback for the district as set forth in the Official Districting Map, whichever area is greater. At least 30 percent of the building elevation above 14 feet in height shall provide an additional 5-foot average setback from the minimum required front yard setback.
f. Beach Rear Yard Setback. Fifteen feet for parcels one hundred feet or less in depth and fifty-five feet for parcels over one hundred feet in depth.
g. Side Yard Setback. The minimum required side yard setback shall be determined in accordance with the following formula, except that for lots of less than 50 feet in width, the minimum required side yard shall be 10 percent of the parcel width, but in any event not less than 4 feet:
5′ + (stories x lot width)/50′
At least 25 percent of the side elevation above 14 feet in height shall provide an additional 4-foot average setback from the minimum required side yard setback.
h. Minimum Parcel Size. 5,000 square feet. Each parcel shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that parcels existing on September 8, 1988 shall not be subject to this requirement.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1663 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 34 i. Development Review. Except for projects listed in Section

9.40.020(B), a development review permit shall be required for any development of 10,000 square feet or more in floor area. j. View Corridor. A structure with 70 square feet or more of frontage parallel to Pacific Coast Highway shall provide an unobstructed view corridor between Pacific Coast Highway and the ocean. The view corridor shall be a minimum of 20 feet in width and 40 feet in height measured from the property line parallel to the Pacific Coast Highway. k. Parking. Uncovered parking may be located in the front half of the parcel and within the minimum required front yard setback. l. Private Open Space. Any project containing 4 or more residential dwelling units shall provide the following minimum open space:
100 square feet per unit for projects with 4 or 5 units, and 50 square feet per unit for projects of 6 units or more. For purposes of this requirement, “residential dwelling unit” shall mean any unit 376 square feet in area or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space. m. Projections into Beach Rear Yard Setback. For parcels 100 feet or less in depth, balconies, decks, porches, and similar structures that are open and unenclosed on at least 2 sides shall be allowed to extend to the rear property line in the beach rear yard setback but not within the minimum side yard setbacks.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1664 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 35 2. For Multi-Unit Residential District parcels bounded by Neilson Way to the east, Ocean Park Boulevard to the south, Barnard Way to the west, and up to and including the parcels on the north side of Wadsworth Avenue to the north, the following development standards shall apply in lieu of the corresponding land use regulations specified in Table 9.08.020 and development standards specified in Table 9.08.030:
a. Uses.
i. Permitted Uses: One Single Unit Dwelling per parcel on a permanent foundation (including Manufactured Housing); one Duplex (including a detached second unit when located on a parcel containing one Single Unit Dwelling) on any legal parcel that existed on August 31, 1975; Accessory Dwelling Unit; Junior Accessory Dwelling Unit; Family Day Care, Small; Family Day Care, Large; Hospice, Limited; Supportive Housing, Transitional Housing; Public Parks and Playgrounds. ii. Uses Subject to Minor Use Permits: One-story accessory living quarters up to 14 feet in height on parcels having a minimum area of 10,000 square feet; Hospice, General.
iii. Conditionally Permitted Uses: One-story accessory
buildings over 14 feet in height or two-story accessory buildings up to a maximum of 24 feet.
b. Maximum Building Height. 2 stories, not to exceed 23 feet for a flat roof or 30 feet for a pitched roof. A “pitched roof” is defined as a roof with at least 2 sides having no less than one foot of vertical rise for DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1665 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 36 every 3 feet of horizontal run. The walls of the building may not exceed the maximum height required for a flat roof. There shall be no limitation on the number of stories of any affordable housing project, as long as the building height does not exceed the maximum number of feet permitted in this Section.
c. Maximum Unit Density. A minimum of 1,500 square feet of parcel area for each dwelling unit, or 4 units total, whichever is less.

However, one duplex shall be permitted on any legal parcel that existed on August 31, 1975. Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025 shall be deemed to meet the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located.
d. Maximum Parcel Coverage. 60 percent of the parcel area. e. Minimum Parcel Size. 3,000 square feet. Each parcel shall have a minimum depth of 100 feet and a minimum width of 30 feet, except that parcels already developed and existing on September 8, 1988, shall not be subject to this requirement.
f. Front Yard Setback. 10 feet.
g. Rear Yard Setback. 15 feet.
h. Side Yard Setback. The minimum required side yard setback shall be determined in accordance with the following formula, except that for lots of less than 50 feet in width, the minimum required side yard setback shall be 10 percent of the parcel width, but in any event not less than 4 feet:

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1666 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 37 5′ + (stories x lot width)/50′
i. Front Yard Paving. No more than 50 percent of the area of the required front yard setback, including driveways, shall be paved. j. Private Open Space. Any project containing 4 or more residential dwelling units shall provide the following minimum open space:
100 square feet per unit for projects with 4 or 5 units, and 50 square feet per unit for projects of 6 units or more. For purposes of this requirement, “residential dwelling unit” shall mean any unit 376 square feet in area or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space.

3. For Multi-Unit Residential District parcels bounded by Appian Way to the east, Vicente Terrace to the south, Ocean Front Walk to the west, and Seaside Terrace to the north, the following development standards shall apply in lieu of the corresponding land use regulations specified in Table 9.08.020 and development standards specified in Table 9.08.030:
a. Uses.
i. Permitted Uses: Single-Unit Dwellings placed on a
permanent foundation (including Manufactured Housing); Multi-Unit Dwellings; Accessory Dwelling Unit; Junior Accessory Dwelling Unit; Single-Room Occupancy Housing; Congregate Housing; Senior Citizen Multiple-Unit Residential; Senior Group Residential; Family Day Care, Small; Supportive Housing; Transitional Housing; Hospice, Limited; DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1667 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 38 One-story accessory building and structures up to 14 feet in height; Public parks and playgrounds.
ii. Uses Subject to Minor Use Permits: One-story accessory living quarters up to 14 feet in height on parcels having a minimum area of 10,000 square feet; Hospice, General.
iii. Conditionally Permitted Uses: Bed and Breakfast; Day Care Center; Group Residential; Residential Care Facility; Community Assembly; Emergency Shelter; One-story accessory buildings over 14 feet in height or two-story accessory buildings up to a maximum of 24 feet; Offices and meeting rooms for charitable, youth, and welfare organizations; Schools; Convenience Market; Bicycle and skate rental facilities; Underground parking structures provided the parcel was occupied by a surface parking lot at the time of adoption of this Chapter, the parcel is not adjacent to a parcel in the NC District, the ground level above the underground parking structure is used for residential or public park and open space uses, the structure is associated with an adjacent commercially zoned parcel, and the vehicle access to the underground parking is from the commercially zoned parcel and as far from the residentially zoned parcel as is reasonably possible.
b. Maximum Building Height. 2 stories, not to exceed 30 feet, except that there shall be no limitation on the number of stories of any affordable housing project, as long as the building height does not exceed 30 feet.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1668 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 39 c. Maximum Floor Area Ratio. 1.0.
d. Maximum Unit Density. For projects on parcels of 4,000 square feet or more, one dwelling unit for each 1,500 square feet of parcel area shall be permitted, or 5 units total, whichever is less. For parcels less than 4,000 square feet, no dwelling units shall be permitted, except that one dwelling unit may be permitted if a single-unit dwelling existed on the parcel on September 8, 1988. Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025 shall be deemed to meet the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located. e. Maximum Parcel Coverage. 50 percent of the parcel area. f. Minimum Parcel Size. 5,000 square feet. Each parcel shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that parcels existing on September 8, 1988 shall not be subject to this requirement.
g. Front Yard Setback. The minimum required front yard
setback shall be either 20 feet, or shall comply with the minimum front yard setback for the district as set forth in the Official Districting Map, whichever area is greater.
h. Rear Yard Setback. 15 feet.
i. Side Yard Setback. The minimum required side yard setback shall be determined in accordance with the following formula, except that DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1669 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 40 for lots of less than 50 feet in width, the minimum required side yard setback shall be 10 percent of the parcel width, but in any event not less than 4 feet:
5′ + (stories x lot width)/50′
j. Development Review. Except for projects listed in Section

9.40.020(B), a development review permit shall be required for any development of 10,000 square feet or more in floor area. k. Private Open Space. Any project containing 4 or more residential dwelling units shall provide the following minimum open space:
100 square feet per unit for projects with 4 or 5 units, and 50 square feet per unit for projects of 6 units or more. For purposes of this requirement, “residential dwelling unit” shall mean any unit 376 square feet in area or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space. l. Upper-Level Stepback Requirements.
i. Additional Front Stepback Over 14 Feet in Height. For new structures or additions to existing structures, any portion of the front building elevation above 14 feet exceeding 75 percent of the maximum buildable front elevation shall be stepped back from the front setback line an additional average amount equal to 4 percent of parcel depth, but in no case resulting in a requirement stepback greater than 10 feet.

As used in this Section, “maximum buildable elevation” shall mean the maximum potential length of the elevation permitted under these DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1670 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 41 regulations, which includes parcel width or length (as applicable), minus required minimum setbacks.
ii. Additional Side Stepback Over 14 Feet in Height. For new structures or additions to existing structures, any portion of the side building elevation above 14 feet exceeding 50 percent of the maximum buildable side elevation shall be stepped back from the side setback line an additional average amount equal to 6 percent of parcel width, but in no case resulting in a required stepback greater than 10 feet. iii. The upper-level stepback requirements may be modified subject to the review and approval of the Architectural Review Board if the Board finds that the modification will not be detrimental to the property, adjoining properties, or the general area in which the property is located, and the objectives of the stepback requirements are satisfied by the provision of alternative stepbacks or other features which reduce effective mass to a degree comparable to the relevant standard requirement.

B. Additional Stepback at Upper Stories. The maximum building height shall not exceed 30 feet in the R2 District, 40 feet in the R3 District, and 45 feet in the R4 District, and shall be subject to the following standards:

1. R2 District. No portion of the building volume above 23 feet shall encroach into a daylight plane starting at 23 feet above the front setback line and sloping upward at a 45-degree angle toward the rear of the parcel. The 23-foot DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1671 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 42 height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.

2. R3 District. No portion of the building volume above 35 feet shall encroach into a daylight plane starting at 35 feet above the front setback line and sloping upward at a 45-degree angle toward the rear of the parcel. The 35-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.

3. R4 District. No portion of the building volume above 40 feet shall encroach into a daylight plane starting at 40 feet above the front setback line and sloping upward at a 45-degree angle toward the rear of the parcel. The 40-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.

4. The covered portion of all stories above the second story in any multiunit structure shall be set back an average of 10 feet from the second floor front façade.

C. Front and Side Setbacks.

1. The front yard setback on Arcadia Terrace and Seaview Terrace shall be 30 feet measured from the center line of the walkway.

2. In the R2, R3, and R4 Districts, the street side setback shall be at least 15 percent of the parcel width but no less than 6 feet and is not required to exceed 10 feet.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1672 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 43 3. Where a corner parcel in an R2, R3, or R4 District abuts a parcel in an R1 District, the street side setback shall be at least half of the required front setback in the adjacent R1 District.

D. Transition Requirements Adjacent to R1 District. Where an R2, R3, or R4 District adjoins an R1 District, the following standards apply:

1. The maximum height within 25 feet of an R1 District is 23 feet for a building with a flat roof. A building with a pitched roof may be built to the maximum height.

2. The building setback from an R1 District boundary shall be 10 feet for interior side setbacks and 20 feet for rear setbacks.

3. A landscaped planting area, a minimum of 5 feet in width, shall be provided along all R1 District boundaries. A tree screen shall be planted in this area with trees planted at a minimum interval of 15 feet.

E. Special Project Design and Development Standards. The new construction of or new addition to a principal building shall comply with the following standards:

1. Street-facing pedestrian entries shall not be located below grade, and any excavation to access the entry shall be prohibited.

2. An additional 5-foot setback beyond the minimum front yard setback set forth in Section 9.08.030 is required for at least 25 percent of the width of the front façade. This setback shall be fully integrated into the building through balconies, decks, or other elements that articulate the front of the building.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1673 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 44 3. All required setbacks set forth in Section 9.08.030 shall be open to the sky except for permitted architectural projections contained in Section

9.21.110.

4. Mezzanines shall be concealed within the building and shall not appear as an additional story on the exterior building façade.

5. An additional 2-foot average side yard setback from the minimum requirement set forth in Section 9.08.030 shall be provided at each story. Setback areas greater than 5 feet in depth from the minimum side yard setback, or the area used to comply with the additional setback requirements of this Section, shall not be used to satisfy compliance with this requirement.

6. The allocation of allowable parcel coverage area shall be distributed to provide clear delineation between individual units through: changes in wall plane, in plan or section; use of additional stepbacks; use of decks or balconies; or other architectural and spatial manipulation. A change in plane to differentiate individual units shall be a minimum of 12 inches. However, more than one but no more than 3 units may be grouped together for the purpose of providing a shared entry, balcony or other common exterior space.

F. Courtyards. Parcels having a width greater than 99 feet and located in the R2, R3, or R4 District shall provide a courtyard on the lot. Courtyards shall comply with the following design criteria:

1. Courtyards shall be no less than 10 percent of the total lot area and in no case less than 1,000 square feet with a minimum width and length of 18 feet DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1674 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 45 measured parallel to the front and side parcel lines. Required setback area shall not count toward the minimum width and length or 1,000 square foot requirement.

2. Courtyards shall be open to the sky, but may include permitted projections set forth in Section 9.21.110 for side yard projections. If mechanical or utility equipment is placed in the courtyard, it shall be screened visually and acoustically and shall not encroach into the minimum courtyard area.

3. A minimum of 50 percent of the courtyard’s perimeter shall be enclosed by a building.

4. Courtyards shall be visible and accessible from the sidewalk and each ground floor unit. Courtyards shall be visible from the street with a minimum 10-foot wide opening that is open to the sky. For openings less than 18 feet in width into courtyards, the depth of the opening shall not exceed twice the width of the opening.

5. At least 50 percent of courtyard areas shall be planted pursuant to Sections 9.26.060 and 9.26.070. Planting shall be at grade or in finished planters not exceeding 18 inches above finished grade. At least one canopy tree in a tree well providing a minimum soil volume pursuant to Section 9.26.050(A)(3) shall be planted in all courtyards.

6. The majority of primary entrances to all ground floor units shall be accessed from the street frontage or courtyard.

G. Planting Areas. The following areas shall be landscaped and may count toward the total area of site landscaping required by Table 9.08.030.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1675 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 46 1. Setback Areas Adjacent to Streets. All visible portions of a required setback area adjacent to a street that are not used for driveways or walks shall be dedicated for planting areas or landscaping. These areas shall be planted with the appropriate number and sizes of trees as necessary to provide shade and to increase a project’s energy efficiency. Recreational vehicles, utility trailers, unmounted camper tops, boats, cars, trucks, motorcycles, or other vehicles shall not be parked or stored within a required planting or landscape area.

2. Interior Side Setback Areas. At least 50 percent of each required setback area shall be planting area, except that for parcels less than 50 feet in width, 50 percent of any one interior side setback area shall be planted.

3. Adjacent to R1 Districts. A continuous planting area having a minimum width of 5 feet is provided along interior parcel lines when an R2, R3, or R4 District is adjacent to an R1 District.

SECTION 10. Santa Monica Municipal Code Section 9.09.010 is hereby amended to read as follows:

9.09.010 Purpose
The purposes of the “Ocean Park Neighborhood” Districts are to:

A. Maintain the Ocean Park neighborhood as an eclectic residential neighborhood that maintains its identity as a beach-oriented community in the middle of a thriving urban environment.

B. Ensure that the scale and design of new or rehabilitated development is sensitive to the scale and massing of existing adjacent structures and with the surrounding neighborhood context.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1676 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 47 C. Provide for the maintenance and continuation of a mixture of residential building types that range from older single-unit homes, duplexes, and triplexes to multiunit housing.

D. Protect the quality of life of neighborhood residents against potential impacts related to development—traffic, noise, air quality, and the encroachment of commercial activities.

E. Ensure adequate light, air, privacy, and open space for each dwelling.

F. Avoid overburdening public facilities, including sewer, water, electricity, and schools, by an influx and increase of people to a degree larger than the City’s geographic limits, tax base, or financial capabilities can reasonably and responsibly accommodate.

G. Provide sites for institutional, residential, and neighborhood serving uses such as day care, parks, community facilities, and neighborhood stores that provide goods and services to support daily life within walking distance of neighborhoods and complement surrounding residential development.

The specific designations and the additional purposes of the Ocean Park Districts are:

OP1 Ocean Park Single Unit Residential. This Zoning District is intended to maintain areas where single unit housing predominates. This District allows for single unit housing on individual parcels at densities of one unit plus one accessory dwelling unit and one junior accessory dwelling unit per legal parcel. In addition to detached single unit dwellings, accessory dwelling units, and junior accessory dwelling units, this District provides for uses such as parks and family day care that may be appropriate in a residential environment.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1677 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 48 OPD Ocean Park Duplex Residential. This Zoning District is intended to maintain areas where single unit and duplex residential uses predominate and is in particular, intended to preserve the unique characteristics of the Copeland Court walk street. In addition to detached single unit dwellings, accessory dwelling units, junior accessory dwelling units, and duplexes, this District provides for uses such as parks and family day care, transitional housing, hospice facilities, and neighborhood serving uses such as childcare and community facilities that may be appropriate in a residential environment.

OP2 Ocean Park Low Density Residential. This Zoning District is intended to provide a variety of low-density housing types that reflects the distinct identity of the Ocean Park neighborhood. These types include single unit dwellings, accessory dwelling units, junior accessory dwelling units, duplexes and triplexes, townhouses, and courtyard housing with at least 2,000 square feet of parcel area per unit exclusive of City and State density bonuses. In addition to low density residential development, this District provides for uses such as transitional housing or hospice facilities, family day care, and neighborhood serving uses such as childcare, neighborhood grocery stores, and community facilities that may be appropriate in a residential environment.

OP3 Ocean Park Medium Density Residential. This Zoning District is intended to maintain a variety of multi-unit housing types with at least 1,500 square feet of parcel area per unit or 1,250 square feet of parcel area per unit for projects that provide identified community benefits. Types of dwelling units include low- and medium-scale single-unit dwellings, multiple-unit dwellings, townhouses, courtyard housing, duplexes, triplexes, accessory dwelling units, and junior accessory dwelling units. This District also provides for residential facilities such as transitional housing and hospice facilities, family day care, DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1678 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 49 and neighborhood serving uses such as childcare, neighborhood grocery stores, and community facilities that may be appropriate in a residential environment.

OP4 Ocean Park High Density Residential. This Zoning District is intended to provide areas for multi-unit housing at greater intensities than other Ocean Park Neighborhood districts. Housing types include single-unit dwellings, three- to four-story multi-unit housing projects, duplexes, triplexes, accessory dwelling units, and junior accessory dwelling units. This District also provides residential facilities such as assisted living, transitional housing, and hospice facilities, family day care, hotels, and neighborhood-serving uses such as childcare, neighborhood grocery stores, and community facilities that may be appropriate in a residential environment.

SECTION 11. Santa Monica Municipal Code Section 9.09.020 is hereby amended to read as follows:

9.09.020 Land Use Regulations
Table 9.09.020 prescribes the land use regulations for Ocean Park Neighborhood Districts. The regulations for each district are established by letter designations listed below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review. “P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1679 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 50 “MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit.
“–” designates uses that are not permitted.

Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and subclassifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance.

TABLE 9.09.020: LAND USE REGULATIONS—OCEAN PARK NEIGHBORHOOD DISTRICTS Use Classification OP1 OPD OP2 OP3 OP4 Additional Regulations Residential Uses
Residential Housing
Types See sub-classifications below.

Single Unit Dwelling P P P P P
Accessory Dwelling
Unit P P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory
Dwelling Unit
P P P P P Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Duplex – P P P P
Multiple-Unit
Structure – – P P P
Senior Citizen
Multiple-Unit
Residential
– – P P P
Single-Room
Occupancy
Housing
– – P P P
Group Residential – – MUP MUP MUP
Congregate
Housing – – P P P
Senior Group
Residential – L (2) P P P Section 9.31.310, Senior Group Residential Elderly and LongTerm Care – – CUP CUP CUP
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1680 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 51 TABLE 9.09.020: LAND USE REGULATIONS—OCEAN PARK NEIGHBORHOOD DISTRICTS Use Classification OP1 OPD OP2 OP3 OP4 Additional Regulations Emergency
Shelters – – CUP CUP CUP Section 9.31.130, Emergency Shelters Family Day Care See sub-classifications below.

Large P P P P P Section 9.31.140, Family Day
Care, Large
Small P P P P P
Residential Facilities See sub-classifications below.

Residential Care,
General – – MUP MUP MUP Section 9.31.270, Residential Care Facilities Residential Care,
Limited P P P P P Section 9.31.270, Residential Care Facilities Residential Care,
Senior L (2) L (2) L (3)/MUP L (3)/MUP L (3)/MUP Section 9.31.270, Residential Care Facilities Hospice, General – MUP MUP MUP MUP
Hospice, Limited P P P P P
Supportive Housing P P P P P
Transitional
Housing P P P P P
Public and Semi-Public Uses
Adult Day Care CUP CUP CUP CUP CUP
Child Care and Early
Education Facilities CUP CUP CUP CUP CUP Section 9.31.120, Child Care and Early Education Facilities Community Assembly – – CUP CUP CUP
Community Gardens P P P P P
Cultural Facilities – CUP CUP CUP CUP Limited to Designated Landmarks
Park and Recreations
Facilities, Public P P P P P
Schools, Public or
Private CUP CUP CUP CUP CUP
Commercial Uses
Food and Beverage
Sales See sub-classifications below.

General Market – – CUP (4) CUP (4) CUP (4)
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.150, General
Markets in Residential Districts
Lodging See sub-classifications below.

Bed and Breakfast – – CUP CUP CUP
Within Designated Landmarks
only.

Section 9.31.090, Bed and
Breakfasts
Hotels and Motels – – – – CUP
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P P P P P
Utilities, Minor P P P P P
Specific Limitations:
(1) Reserved
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1681 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 52 (2) Limited to facilities for 6 or fewer residents; facilities for more than 6 residents not permitted. (3) Limited to facilities for 6 or fewer residents. Facilities for more than 6 residents require a Minor Use Permit.
(4) Only stores up to 2,500 square feet may be allowed with approval of a Conditional Use Permit. Stores must be located at least 300 feet from a commercial district with a Food and Beverage Service use.

SECTION 12. Santa Monica Municipal Code Section 9.09.030 is hereby amended to read as follows:

9.09.030 Development Standards
Table 9.09.030 prescribes development standards for Ocean Park Neighborhood Districts. Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses. Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to subsections that directly follow the table.

TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
Parcel and Density Standards
Minimum Parcel Size (sq. ft.) 4,000 5,000 5,000 5,000 5,000 Maximum Parcel Size (sq. ft.) See

9.21.030(B)
See

9.21.030(B)
See

9.21.030(B)
See

9.21.030(B)
See

9.21.030(B)
Minimum Parcel Width (ft.) 25 50 50 50 50
Minimum Parcel Depth (ft.) 80 100 100 100 100
Minimum Parcel Area (sq. ft.) per Unit
Tier 1—Base Standard N/A
2 units
per
parcel
2,000 1,500 1,250 See (A)
Building Form and Location
Maximum Number of Stories
Tier 1—Base Standard 2 2 2 See (B) 2 3
100% Affordable Housing
Projects 2 No limit to stories
No limit
to stories
No limit
to stories
No limit
to stories
Maximum Building Height (ft.)
Base Standard—Flat
Roofs; Roofs Pitched
Less Than 1:3
20 23 23 See
(B) 23 35
Pitched Roofs 27 30 30 See
(B) 30 35
The walls of the building
may not exceed the
maximum height
required for a flat roof
Maximum Parcel Coverage (% of Parcel Area)
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1682 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 53 TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
Tier 1—Base Standard 50 50 50 50 50
55% for parcels less
than 35 ft. in width in
OP1
100% Affordable Housing
Projects 60 60 60 60 60
Minimum Setbacks (ft.)
Front
Except for OPD, a onestory covered or
uncovered porch open
on 3 sides may
encroach 6 ft. into the
required front setback if
the roof does not
exceed a height of 14 ft.
and the porch width
does not exceed 40% of
the building width at the
front of the building
15 30 20 20 15
[10, if
average of
adjacent
dwelling(s)
is 10 ft. or
less]
measured
from the
centerline
of the
walkway
[15, if
average of
adjacent
dwelling(s)
is 15 ft. or
less]
[15, if
average of
adjacent
dwelling(s)
is 15 ft. or
less]
[10, if
average of
adjacent
dwelling(s)
is 10 ft. or
less]
Side—Blank walls and
walls containing
secondary windows on
parcels less than 50 ft. in
width
Greater of 4 ft. or 10% of parcel width 3 ft. for parcels less than 35 ft. in width in OP1
Side—Blank walls and
walls containing
secondary windows on
parcels 50 ft. or more in
width
See formula in (C)
Side—Walls containing
primary windows on
parcels less than 50 ft. in
width
8 ft. setback from property line. 12 ft. of separation
must be maintained between primary window and
any adjacent structures
3 ft. for parcels less than
35 ft. in width in OP1
Side—Walls containing
primary windows on
parcels 50 ft. or more in
width
12 ft. See (C)
Street Side—Parcels less
than 50 ft. in width
Greater
of 4 ft. or
10% of
parcel
width
See formula in (C) 3 ft. for parcels less than
35 ft. in width in OP1
Street Side—Parcels 50
ft. or more in width See (C) 10 ft. See (C)
Rear 10 15 15 15 15
Parking See Sections 9.28.070, Location of Parking and 9.28.120, Parking Design and Development Standards
Minimum Spacing between
Buildings (ft.) – Buildings
facing each other on the
same lot
– See (D) See (D) See (D) See (D)
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1683 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 54 TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
Transition Requirements
Adjacent to OP1 or OPD
Districts
– – See (F) See (F) See (F)
Open Space & Landscaping
Minimum Outdoor Living Area
(sq. ft.) per Dwelling Unit
Section 9.21.090,
Outdoor Living Area
Private NA 60 60 60 60
Required only of
projects with 2 or more
units
Total NA 150 150 150 100
Required only of
projects with 2 or more
units
Minimum Planting Area (% of
parcel area) 25 25 25 25 20
See (G), Chapter 9.26,
Landscaping. Required
only of projects with 2 or
more units
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Accessory Structures Section 9.21.020, Accessory Buildings and Structures Exceptions to Height Limits Section 9.21.060, Height Exceptions Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling
Units
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Landscaping Section 9.09.030(G), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Off-Street Parking and
Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Required
Setbacks Section 9.21.110, Projections into Required Setbacks Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems Trash Screening and
Enclosure Section 9.21.130, Resource Recovery and Recycling Standards A. Maximum Density. The following additional rules apply to the maximum residential density:

1. Calculation of Units—Remainder Parcel Area. An additional unit is allowed on a parcel if, after calculating the allowed number of units based on the DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1684 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 55 minimum required parcel area per unit stated in Table 9.09.030 for the respective district, the excess parcel area equals or exceeds the following:
a. 1,000 square feet in OP2.
b. 750 square feet in OP3.
c. 625 square feet in OP4.

2. Parcels Less Than 4,000 Square Feet. No more than one dwelling unit shall be permitted on a parcel 4,000 square feet or less in area.

3. Parcels over 10,000 Square Feet—OP2 District. In the OP2 District, the maximum density on parcel that have an area of 10,000 square feet or more or a combined street frontage of 100 feet or more shall be one dwelling unit for each 2,500 square feet of combined lot area, except where 100 percent of the proposed units are deed restricted for very low, low, middle, and/or moderate income housing, in which case the density shall be one unit for each 2,000 square feet of parcel area.

4. Parcels over 15,000 Square Feet—OP3 District. In the OP3 District, the maximum density on parcel that have an area of 15,000 square feet or more or exceed a combined street frontage of 150 feet shall be one dwelling unit for each 2,000 square feet (OP3) of combined parcel area, except where 100 percent of the proposed units are deed restricted for very low, low, middle, and/or moderate income housing, in which case the density shall be one unit for each 1,500 square feet of parcel area.

5. Accessory Dwelling Units and Junior Accessory Dwelling Units.

Notwithstanding anything to the contrary in this subsection (A), accessory dwelling DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1685 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 56 units and junior accessory dwelling units established in accordance with Section

9.31.025 shall be deemed to meet the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located.

B. Maximum Height on Sloped Parcels—OP2 District. In the OP2 District, on upslope parcel where the change in elevation is 10 feet or greater from the finished surface of the sidewalk adjacent to the property line to the required rear setback line, the maximum allowable height for structures is:

1. One story and 14 feet in height for the first 15 feet of horizontal distance on the parcel measured from the front parcel line.

2. 2 stories and 18 feet for a flat roof or 23 feet for a pitched roof for that portion of the structure located between 15.1 feet and 30 feet from the front parcel line.

3. The maximum permitted height for structures beyond 30 feet from the front parcel line shall be 2 stories and 23 feet for a flat roof or 30 feet for structures with a pitched roof.

4. The finished grade shall be no more than 3 feet below or above the theoretical grade line at any point adjacent to a building if excavation occurs. An opening to a garage may remain unexcavated.

C. Front and Side Setbacks.

1. The front yard setback on Copeland Court shall be 30 feet measured from the center line of the walkway.

2. The following formula shall be used to determine the required side setback for blank walls and walls containing secondary windows. In the OP1 DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1686 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 57 District, this formula shall also be used to determine the required street side setback on lot parcels 50 feet or more in width. In the OP2, OP3, and OP4 districts, it shall be used to determine the required street side setback on parcels less than 50 feet in width. The setback is calculated as follows:

Setback (ft.) = 5 + (stories x parcel width)
50 3. Within the required side setback area for corner parcels 50 feet or greater in width, covered or uncovered stairways or porches not exceeding 35 percent of the building frontage on the street side may encroach up to 5 feet into the required side setback.

4. Within the required side or street side setback area for parcels 50 feet or greater in width, the second floor side setback above a primary window shall not project more than 2 feet into the required side setback.

D. Building Spacing. Buildings that face each other on the same lot shall be separated by the following minimum distances:

1. 15 feet if one building has primary windows facing the other.

2. 25 feet when the windows of primary spaces in both buildings face each other on the ground or second level, except 15 feet when they are visually separated by a solid wall or opaque fence over 5 feet 6 inches in height.

3. 10 feet when secondary windows face each other or when a secondary window faces a blank wall.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1687 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 58 E. Roof Decks. The handrail surrounding a roof deck shall be set back a minimum of three feet from the edge of the building at the side and rear yards.

F. Transition Requirements Adjacent to OP1 or OPD District. Where an OP2, OP3 or OP4 District adjoins an OP1 or OPD District, the following standards apply:

1. The maximum height within 25 feet of an OP1 or OPD District is 23 feet for a building with a flat roof and 27 feet for a building with a pitched roof.

2. The building setback from an OP1 or OPD District boundary shall be 10 feet for interior side setbacks and 20 feet for rear setbacks.

3. A landscaped planting area, a minimum of 5 feet in width, shall be provided along all OP1 or OPD District boundaries. A tree screen shall be planted in this area with trees planted at a minimum interval of 15 feet.

FIGURE 9.09.030.F: TRANSITION REQUIREMENTS ADJACENT TO OP1 OR OPD DISTRICT—

OCEAN PARK NEIGHBORHOOD DISTRICT
G. Planting Areas. The following areas shall be landscaped, and may count toward the total area of site landscaping required by Table 9.09.030.

1. Setback Areas Adjoining Streets. All visible portions of a required setback area adjoining a street that are not used for driveways or walks shall be DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1688 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 59 planting area or landscape. Recreational vehicles, utility trailers, un-mounted camper tops, boats, cars, trucks, motorcycles, or other vehicles shall not be parked or stored within a required planting or landscape area.

2. Interior Setback Areas. At least 50 percent of each required interior side setback and rear setback shall be planting area having a minimum width of

7.5 feet adjoining a side or rear parcel line. The width of a required planting area may be reduced to 3 feet in one side or rear setback areas adjoining a driveway or patio, and a nonresidential accessory structure may occupy a portion of the planting area in a rear setback area.

3. Adjoining OP1 and OPD Districts. A continuous planting area having a minimum width of 5 feet shall be provided along interior parcel lines when an OP2, OP3, or OP4 District adjoins an OP1 or OPD District.

SECTION 13. Santa Monica Municipal Code Section 9.10.040 is hereby amended to read as follows:

9.10.040 Land Use Regulations
Table 9.10.040 prescribes the land use regulations for Downtown Districts. The regulations for each district are established by letter designations below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1689 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 60 “MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“—” designates uses that are not permitted.

Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the Santa Monica Municipal code (“Zoning Ordinance”). Use classifications and sub-classifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance.

TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Residential Uses
Residential Housing
Types See sub-classifications below.

Single Unit
Dwelling L(1) L(1) L(1) L(1) L(1) L(1) L(1)
Accessory
Dwelling Unit P P P P P P P
Section 9.31.025,
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
Junior Accessory
Dwelling Unit
P P P P P P P Section 9.31.025,
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
Duplex P L(3) L(1) L(1) L(1) L(1) L(1)
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1690 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 61 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Multiple-Unit
Structure L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Senior Citizen
Multiple-Unit
Residential
L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Single-Room
Occupancy
Housing
L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Group Residential MUP MUP,
L(3)
MUP,
L(1) MUP, L(1) MUP MUP MUP
Congregate
Housing P MUP, L(3) CUP, L(1) CUP, L(1) MUP MUP MUP
SMMC Section

9.31.110,
Congregate and
Transitional
Housing
Senior Group
Residential P MUP, L(3)
MUP,
L(1) MUP, L(1) MUP, L(1)
MUP,
L(1)
MUP,
L(1)
SMMC Section

9.31.310, Senior
Group
Residential
Elderly and LongTerm Care P L(3) L(1) L(1) L(1) L(1) L(1) Emergency
Shelters L(6)/CUP L(6)/ CUP CUP/L(1) L(1), L(6)/CUP L(6)/CUP L(6)/ CUP L(6)/
CUP
Family Day Care See sub-classifications below.

Large L(1) L(3) L(1) L(1) L(1) L(1) L(1)
SMMC Section

9.31.140, Family
Day Care, Large
Small L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Residential Facilities See sub-classifications below.

Residential Care,
General P L(3) L(1) L(1) P L(1) L(1) SMMC Section

9.31.270,
Residential Care
Facilities
Residential Care,
Limited P L(3) L(1) L(1) P L(1) L(1)
Residential Care,
Senior P L(3) L(1) L(1) P L(1) L(1)
Hospice, General P L(3) L(1) L(1) P L(1) L(1)
Hospice, Limited P L(3) L(1) L(1) P L(1) L(1)
Supportive
Housing P L(3) L(1) L(1) L(1) L(1) L(1)
Transitional
Housing P L(3) L(1) L(1) L(1) L(1) L(1)
Public and Semi-Public Uses
Adult Day Care L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Child Care and Early
Education Facilities P P L(1) P P P P
SMMC Section

9.31.120, Child
Care and Early
Education
Facilities
Colleges and Trade
Schools, Public or
Private CUP L(1) L(1) L(1) L(1) L(1) L(1)
Community
Assembly L(7)/CUP CUP - P CUP L(1) L(7)/ CUP
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1691 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 62 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Community Gardens P P - P P P P
Cultural Facilities P P P P P P P
Hospitals and
Clinics P P L(1) L(1) P - P
Park and Recreation
Facilities, Public P P P P P P P
Public Safety
Facilities P P P P P P P
Schools, Public or
Private CUP L(3) L(1) P P - CUP
Social Service
Centers P P - P P P P
SMMC Section

9.31.350, Social
Service Centers
Commercial Uses
Animal Care, Sales,
and Services See sub-classifications below.

Grooming and Pet
Stores L(5)/CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/ CUP L(5)/ CUP L(5)/
CUP
No more than 10
dogs or cats can
be kept overnight
Pet Day Care
Services MUP MUP - MUP MUP MUP MUP
Veterinary
Services MUP MUP - MUP MUP - MUP
Automobile/Vehicle
Sales and Service See sub-classifications below.

Alternative Fuels
and Recharging
Facilities
CUP/
L(19)
CUP/
L(19) - - CUP/ L(19) - -
Automobile Rental L(10) L(10) L(10) L(10) L(10) L(10) L(10) Automobile
Storage Use
- - - - - - -
New
Automobile/Vehicl
e Sales and
Leasing
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/CUP
- -
Additions 7,500
sq ft or less to
Automobile/
Vehicle Sales
and Leasing
buildings
existing as of
7/06/2010
L(20)/
MUP
- - - - - -
SMMC Section

9.31.070
Automobile/
Vehicle Sales,
Leasing, and
Storage
Additions larger
than 7,500 sq ft
to
Automobile/Vehi
cle Sales and
Leasing
buildings
existing as of
7/06/2010
L(20)/
CUP
- - - - - -
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1692 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 63 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Automobile/Vehicl
e Repair, Major
L(19) - - - - - -
Automobile/Vehicl
e Service and
Repair, Minor
L(19) - - - - - -
Automobile/Vehicl
e Washing
L(19) - - - - - -
Service Station L(19) L(19) - - L(19) - -
Towing and
Impound
- - - - - - -
Banks and Financial
Institutions
See sub-classifications below.

Banks and Credit
Unions
L(4)/CUP L(3),
L(5)/CUP
- - L(4)/ CUP L(4)/
CUP
L(4)/
CUP
Check Cashing
Businesses
- - - - - - -
Business Services L(5)/CUP L(5)/CUP - L(5)/CUP L(5)/ CUP L(5)/ CUP
L(5)/
CUP
Commercial
Entertainment and
Recreation
See sub-classifications below.

Cinemas &
Theaters, up to 99
seats
- CUP P P P - -
Cinemas &
Theaters, more
than 99 seats
- - CUP CUP CUP - -
Convention and
Conference
Centers

CUP CUP CUP CUP CUP CUP CUP
Large-Scale
Facility
L(21)/CU
P
L(21)/CU
P
L(21)/CU
P
L(21)/CUP L(21)/CU
P
L(21)/
CUP
-
Small-Scale
Facility
L(5)/CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/
CUP
L(5)/
CUP SMMC Section

9.31.340, Small
Scale Facility
Fortunetelling P P P P P P P
Eating and Drinking
Establishments
See sub-classifications below.

Bars/Nightclubs/
Lounges

CUP CUP CUP CUP CUP CUP
(10)
-
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1693 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 64 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Restaurants, FullService, Limited
Service & Takeout (2,500 sq ft
and smaller,
including Outdoor
Dining and
Seating)

P P P P P P P
SMMC Section

9.31.040,
Alcoholic
Beverage Sales
Restaurants, FullService, Limited
Service & Takeout (2,501 –
5,000 sq ft,
including Outdoor
Dining and
Seating)
MUP P P P P P MUP SMMC Section

9.31.280,
Restaurants,
Limited Service,
and Take-Out
Only
Restaurants, FullService, Limited
Service & Takeout (greater than
5,000 sq ft,
including Outdoor
Dining and
Seating)

CUP P P P P P CUP
SMMC Section

9.31.200,
Outdoor Dining
and Seating
Equipment Rental - - - - L(5)/
CUP
- -
Food and Beverage
Sales See sub-classifications below.

Convenience
Market
CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/C
UP
- SMMC Section

9.31.040,
Alcoholic
Beverage Sales
Farmers’ Market CUP P P P P P P
General Market L(12)/
CUP
L(12)/
CUP
L(12)/
CUP
L(12)/CUP L(12)/
CUP
L(12)/
CUP
L(12)/
CUP
SMMC Section

9.31.040,
Alcoholic
Beverage Sales
Liquor Stores CUP CUP CUP CUP CUP CUP -
Funeral Parlors and
Mortuaries

CUP - - - - - -
Instructional
Services
L(5)/CUP L(3),
L(5)/CUP
L(1),
L(5)/CUP
L(5)/CUP L(5)/CUP L(1),
L(5)/
CUP
L(1),
L(5)/
CUP
Live-Work L(13) L(3)(13) L(1)(13) L(13) L(13) L(1)(1
3)
L(13) SMMC Section

9.31.170, LiveWork
Lodging See sub-classifications below.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1694 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 65 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Bed and Breakfast MUP MUP MUP MUP MUP MUP MUP SMMC Section

9.31.090, Bed
and Breakfasts
Hotels and Motels CUP CUP CUP CUP CUP CUP CUP,
L(19)
Maintenance and
Repair Services
L(5)/CUP - - - - - -
Nurseries and
Garden Centers
L(5)/CUP L(5)/CUP - L(5)/CUP L(5)/CUP - L(5)/
CUP
SMMC Section

9.31.220,
Outdoor Retail
Display and
Sales
Offices See sub-classifications below.

Business and
Professional
L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/CUP
L(1) L(1)
Creative L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/CUP
L(1) L(1)
Medical and
Dental
L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/CUP
L(1) L(1)
Walk-In Clientele L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(5)/CUP L(3),
L(5)/CUP
L(5)/
CUP
L(5)/
CUP
Outdoor
Newsstands
MUP MUP MUP MUP MUP MUP MUP SMMC Section

9.31.210,
Outdoor
Newsstands
Parking, Public or
Private

CUP CUP - CUP CUP,
L(11)
- CUP
Personal Services See sub-classifications below.

General Personal
Services
L(5)/CUP L(5)/CUP L(1),
L(5)/CUP
L(5)/CUP L(5)/CUP - L(5)/
CUP
SMMC Section

9.31.230,
Personal Service
Physical Training L(17),
L(5)/CUP
L(17),
L(5)/CUP
L(1),
L(17),
L(5)/CUP
L(17),
L(5)/CUP
L(17),
L(5)/CUP
L(17),
L(5)/
CUP
L(17),
L(5)/
CUP
Tattoo or Body
Modification Parlor
MUP MUP MUP MUP MUP MUP - SMMC Section

9.31.230,
Personal Service
Retail Sales See sub-classifications below.

Building Materials
Sales and
Services
P - - - - - - SMMC Section

9.31.220,
Outdoor Retail
Display and
Sales
General Retail
Sales, SmallScale
L(5)/CUP L(5)/CUP P L(5)/CUP L(5)/ CUP L(5)/
CUP
L(5)/
CUP
General Retail
Sales, MediumScale

CUP CUP CUP CUP CUP - CUP
General Retail
Sales, LargeScale
- - - - - - -
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1695 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 66 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Medical Marijuana
Dispensaries
CUP - - - - - - SMMC Section

9.31.185,
Medical
Marijuana
Dispensaries
Pawn Shops
- - - - - - -
Swap Meets
- - - - - - -
Industrial Uses
Artist’s Studio
P P L(1) L(1) P P P
Commercial
Kitchens
- - - - CUP - -
Media Production See sub-classifications below.

Support Facilities
L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/CUP
L(1) L(1)
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger
Stations

P P P P P - P
City Bike Share
Facility

P P P P P P P
Communication
Facilities See sub-classifications below.

Antennas and
Transmission
Towers
- - - - - - -
Equipment within
Buildings
- - - - - - -
Light Fleet-Based
Services
- - - - MUP - -
Utilities, Major
L(18) - - - - - -
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1696 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 67 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC
(Promen
ade)
BC (2nd &
4th
Streets) TA OT WT
Additional
Regulations
Utilities, Minor

P P P P P P P
Specific Limitations:
(1) Limited to upper floors, and on the ground floor where the entire tenant space including the primary entry shall be located at least 50 feet from the front property line, except for residential units shall be limited to upper floors only.
(2) (Reserved)
(3) Between 4th and 4th Court, permitted in mid-block parcels on the ground floor and upper floors. On all other parcels, permitted anywhere on the ground floor if the space has street frontage and was occupied by office on, or is vacant but was occupied by office in the 12 months preceding, the date this Ordinance is effective; otherwise, permitted on upper floors and on the ground floor where the entire tenant space including the primary entry is located at least 50 feet from the front property line. (4) Permitted except no ground floor tenant space shall exceed 20 linear feet of ground floor street frontage without a Conditional Use Permit.
(5) Permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective.

Permitted in new buildings, except:
(a) No individual ground floor tenant space shall occupy more than 7,500 square feet of floor area and/or exceed 50 linear feet of ground floor street frontage without a Conditional Use Permit. (b) Ground floor tenant spaces in the Santa Monica Place are not subject to size limitations. (6) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency shelters with 55 or more beds.
(7) Any community assembly facility abutting a residential district shall require approval of a Conditional Use Permit.
(8) Limited to alternative fuel vehicle automobile dealer showrooms only. (9) (Reserved)
(10) Permitted as an ancillary use to support a primary use. (11) Limited to public parking facilities only.
(12) General Markets greater than 15,000 square feet require approval of a Conditional Use Permit, except general markets in the Mixed-Use Boulevard district greater than 25,000 square feet require approval of a Conditional Use Permit.
(13) If the commercial use requires a MUP or CUP, an application shall be required in accordance with SMMC, Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the live-work unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from users that generate airborne particulates in a unit with an unenclosed kitchen.
(14) All new construction requires approval of a Conditional Use Permit or permitted if within buildings existing as of the date the ordinance codifie in this Chapter is effective, except:
(a) New additions of 50% or more additional square footage to an existing building at any one time, or incrementally, after the effective date of the ordinance codified in this Chapter, requires approval of a Conditional Use Permit.
(b) No ground floor, street-fronting, non-office or non-media production support facility use, nonmedical or non-dental office use tenant space shall be changed into an individual office use or a media production support facility use, or individual medical or dental office use occupying more than 7,500 square feet of floor area and/or exceeding 50 linear feet of street frontage without the approval of a Conditional Use Permit.
(15) (Reserved)
(16) Limited to public parking facilities only.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1697 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 68 (17) Youth-serving personal services, physical training requires review and approval of passenger loading and drop-off plan by the Director.
(18) Limited to electric distribution substations.
(19) Limited to legally established existing uses as of the date this Specific Plan is effective. (20) Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships conforming to the urban auto dealership format standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing and Storage are permitted. Expansions to existing dealerships of 7,500 square feet or less that do not conform to the urban auto dealership format standards shall require an MUP. Expansions to existing dealerships larger than 7,500 square feet that do not conform to the urban auto dealership formal standards shall require a CUP. (21) No individual Fitness Center tenant space shall exceed 100 linear feet of ground floor street frontage without the approval of a Conditional Use Permit.

A. Conversion of Any Portion of an Eating and Drinking Establishment to Any Other New or Expanded Use Located on the Ground Floor within the BC (Promenade) District.

1. The conversion of any portion of an eating and drinking establishment in existence as of the effective date of this Plan to any other new or expanded use located on the ground floor within the BC (Promenade) District shall obtain a Conditional Use Permit subject to the following additional findings being made in the affirmative:
a. The proposed use would preserve the unique mixture of restaurants, retail, and entertainment on the Third Street Promenade and maintain the vitality and diversity of the Promenade;
b. The proposed use would retain at least 50% of the existing outdoor dining or 500 square feet, whichever is greater;
c. For tenant spaces located on a corner, the eating and drinking establishment use must remain entirely o the Third Street Promenade frontage.

For tenant spaces not located on a corner, the non-eating and drinking establishment use does not occupy more than 33% of the Promenade frontage.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1698 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 69 SECTION 14. Santa Monica Municipal Code Section 9.11.020 is hereby amended to read as follows:

9.11.020 Land Use Regulations
Table 9.11.020 prescribes the land use regulations for Mixed-Use and Commercial Districts. The regulations for each district are established by letter designations below.

These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review. “P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“—” designates uses that are not permitted.

Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the Santa Monica Municipal code (“Zoning Ordinance”). Use classifications and sub-classifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1699 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 70 TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS Use Classification MUBL MUB GC NC Additional
Regulations
Residential Uses
Residential Housing Types See sub-classifications below.

Single Unit Dwelling P P P P
Accessory Dwelling Unit P P P P Section 9.31.025,
Accessory Dwelling
Units and Junior
Accessory Dwelling
Units
Junior Accessory Dwelling Unit P P P P Section 9.31.025, Accessory Dwelling
Units and Junior
Accessory Dwelling
Units
Duplex P P P P
Multiple-Unit Structure P P P P
Senior Citizen Multiple-Unit
Residential P P P P
Single-Room Occupancy
Housing P P P P
Group Residential MUP MUP MUP MUP
Congregate Housing P P P P
Senior Group Residential P P P P
Section 9.31.310,
Senior Group
Residential
Elderly and Long-Term Care P P P –
Emergency Shelters L (3)/CUP L (3)/CUP L (3)/CUP L (3)/CUP Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.

Large P P P P
Section 9.31.140,
Family Day Care,
Large
Small P P P P
Residential Facilities See sub-classifications below.

Residential Care, General P P P P
Section 9.31.270,
Residential Care
Facilities
Residential Care, Limited P P P P
Section 9.31.270,
Residential Care
Facilities
Residential Care, Senior P P P P
Section 9.31.270,
Residential Care
Facilities
Hospice, General P P P P
Hospice, Limited P P P P
Supportive Housing P P P P
Transitional Housing P P P P
Public and Semi-Public Uses
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1700 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 71 TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS Use Classification MUBL MUB GC NC Additional
Regulations
Adult Day Care P P P L(2)/CUP
Child Care and Early Education
Facilities P P P L(2)/CUP
Section 9.31.120,
Child Care and Early
Education Facilities
Colleges and Trade Schools, Public
or Private CUP CUP P CUP
Community Assembly L(18)/CUP L(18)/CUP L(18)/CUP L(18)/CUP Community Gardens P P P P
Cultural Facilities P P P L(2)/CUP
Hospitals and Clinics – P CUP –
Park and Recreation Facilities,
Public P P P P
Public Safety Facilities P P P CUP
Schools, Public or Private P CUP CUP P
Social Service Centers P P P P Section 9.31.350,
Social Service Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.

Grooming and Pet Stores L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP No more than 10 dogs
or cats may be kept
overnight
Pet Day Care Services MUP MUP MUP MUP
Veterinary Services MUP MUP MUP MUP
Automobile/Vehicle Sales and
Service See sub-classifications below.

Alternative Fuels and Recharging
Facilities CUP CUP CUP CUP
Automobile Rental CUP MUP MUP – Section 9.31.050,
Automobile Rental
Automobile Storage Use L(4)/CUP – – –
New Automobile/Vehicle Sales
and Leasing – – CUP (6) –
Section 9.31.070,
Automobile/Vehicle
Sales, Leasing, and
Storage
Additions 7,500 square feet or
less to Automobile/Vehicle
Sales and Leasing buildings
existing as of 07/06/2010
L(5)/MUP L(5)/MUP L(5)/MUP –
Section 9.31.070,
Automobile/Vehicle
Sales, Leasing, and
Storage
Additions larger than 7,500
square feet to Automobile/
Vehicle Sales and Leasing
buildings existing as of
07/06/2010
CUP (5) CUP (5) CUP (5) –
Section 9.31.070,
Automobile/Vehicle
Sales, Leasing, and
Storage
Automobile/Vehicle Repair, Major – – CUP –
Section 9.31.060,
Automobile/Vehicle
Repair, Major and
Minor
Automobile/Vehicle Service and CUP – CUP – Section 9.31.060, DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1701 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 72 TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS Use Classification MUBL MUB GC NC Additional
Regulations
Repair, Minor Automobile/Vehicle
Repair, Major and
Minor
Automobile/Vehicle Washing – – CUP –
Section 9.31.080,
Automobile/Vehicle
Washing
Service Station CUP CUP MUP – Section 9.31.320,
Service Stations
Towing and Impound – – CUP –
Banks and Financial Institutions See sub-classifications below.

Banks and Credit Unions L(2)/CUP L(2)/CUP L(2)/CUP L(2)/CUP Check Cashing Businesses – – – –
Business Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Commercial Entertainment and
Recreation See sub-classifications below.

Cinemas L(7) – – L(7)
Theaters L(8)/CUP L(8)/CUP L(8)/CUP L(8)/CUP
Convention and Conference
Centers – CUP CUP –
Large-Scale Facility CUP CUP CUP -
Small-Scale Facility L(9)/CUP L(9)/CUP L(9)/CUP CUP (16) Section 9.31.340,
Small-Scale Facility,
Game Arcades
Fortunetelling P P P P
Eating and Drinking Establishments See sub-classifications below.

Bars/Nightclubs/Lounges CUP CUP CUP -
Section 9.31.040,
Alcoholic Beverage
Sales
Restaurants, Full-Service,
Limited Service & Take-out
(2,500 square feet and smaller,
including Outdoor Dining and
Seating)
P P P L(10)(11)
Section 9.31.040,
Alcoholic Beverage
Sales
Section 9.31.280,
Restaurants, Limited
Service and Take-Out
Only
Section 9.31.290,
Restaurants With
Entertainment
Section 9.31.200,
Outdoor Dining and
Seating
Restaurants, Full-Service,
Limited Service & Take-out
(2,501 – 5,000 square feet,
including Outdoor Dining and
Seating)
MUP MUP MUP MUP (10)(11)
Section 9.31.040,
Alcoholic Beverage
Sales
Section 9.31.280,
Restaurants, Limited
Service and Take-Out
Only
Section 9.31.290,
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1702 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 73 TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS Use Classification MUBL MUB GC NC Additional
Regulations
Restaurants With
Entertainment
Section 9.31.200,
Outdoor Dining and
Seating
Restaurants, Full-Service,
Limited Service & Take-out
(greater than 5,000 square feet,
including Outdoor Dining and
Seating)
CUP CUP CUP CUP (10)(11)
Section 9.31.040,
Alcoholic Beverage
Sales
Section 9.31.280,
Restaurants, Limited
Service and Take-Out
Only
Section 9.31.290,
Restaurants With
Entertainment
Section 9.31.200,
Outdoor Dining and
Seating
Equipment Rental – L(19)/CUP L(19)/CUP –
Food and Beverage Sales See sub-classifications below.

Convenience Market CUP CUP CUP CUP
Section 9.31.040,
Alcoholic Beverage
Sales
Farmers Markets CUP CUP CUP CUP
General Market L(12)/CUP L(12)/CUP L(12)/CUP L (12)/CUP Section 9.31.040,
Alcoholic Beverage
Sales
Liquor Stores CUP CUP CUP CUP
Section 9.31.040,
Alcoholic Beverage
Sales
Funeral Parlors and Mortuaries – CUP CUP –
Instructional Services L(19)/CUP L(19)/CUP L(19)/CUP L(17)/CUP Live-Work L(14) L(14) L(14) L(14) Section 9.31.170, LiveWork Lodging See sub-classifications below.

Bed and Breakfast MUP MUP MUP MUP Section 9.31.090, Bed and Breakfasts
Hotels and Motels CUP CUP CUP –
Maintenance and Repair Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Nurseries and Garden Centers L(19)/CUP L(19)/CUP L(19)/CUP L(17)/CUP Section 9.31.220,
Outdoor Retail Display
and Sales
Offices See sub-classifications below.

Business and Professional L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Creative L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Medical and Dental L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Walk-In Clientele L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Outdoor Newsstands MUP MUP MUP MUP Section 9.31.210,
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1703 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 74 TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS Use Classification MUBL MUB GC NC Additional
Regulations
Outdoor Newsstands
Parking, Public or Private CUP CUP CUP CUP
Personal Services See sub-classifications below.

General Personal Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Section 9.31.230, Personal Service
Personal Services, Physical
Training L(19)(20) L(19)(20) L(19)(20) L(2)(20)/CUP
Tattoo or Body Modification
Parlor MUP MUP MUP MUP Section 9.31.230, Personal Service Retail Sales See sub-classifications below.

Building Materials Sales and
Services – – CUP –
Section 9.31.220,
Outdoor Retail Display
and Sales
General Retail Sales, Small-scale L(19)/CUP L(19)/CUP L(19)/CUP L (2)/CUP Section 9.31.220,
Outdoor Retail Display
and Sales
General Retail Sales, Mediumscale CUP CUP L(19)/CUP –
Section 9.31.220,
Outdoor Retail Display
and Sales
General Retail Sales, Largescale – – CUP –
Section 9.31.220,
Outdoor Retail Display
and Sales
Medical Marijuana Dispensaries CUP(15) CUP(15) CUP(15) – Section 9.31.185,
Medical Marijuana
Dispensaries
Pawn Shops – – – –
Swap Meets – – CUP – Section 9.31.360,
Swap Meets
Industrial Uses
Artist’s Studio P P P P
Commercial Kitchens – – CUP –
Media Production See sub-classifications below.

Support Facilities L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P P
City Bikeshare Facility P P P P
Communication Facilities See sub-classifications below.

Antennas and Transmission
Towers – – CUP –
Equipment within Buildings – – P –
Light Fleet-Based Services – – CUP –
Utilities, Major – L(13) L(13) –
Utilities, Minor P P P P
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1704 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 75 Specific Limitations:
(1) Reserved.
(2) Limited to facilities with no more than 7,500 square feet of floor area and/or 40 linear feet of ground floor street frontage; great area and/or width requires approval of a Conditional Use Permit.
(3) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency shelters with 55 or more beds.
(4) Limited to automobile storage use associated with existing automobile dealerships selling new vehicles; otherwise, requires Conditional Use Permit.
(5) Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships conforming to the Urban Auto Dealership Format standards in Section 9.31. 070, Automobile/Vehicle Sales, Leasing, and Storage are permitted. Expansions to existing dealerships that do not conform to the Urban Auto Dealership Format standards shall require a MUP or CUP.
(6) New auto dealerships may be allowed, subject to approval of a Conditional Use Permit, only on sites with frontage on Santa Monica Boulevard between Lincoln Boulevard and 20th Street on Lincoln Boulevard between Interstate 10 and Santa Monica Boulevard. In other locations, new automobile dealerships are not permitted.
(7) Limited to existing cinema buildings. New cinemas are not permitted. (8) Limited to theaters with 75 or fewer seats. Theaters with more than 75 seats require Conditional Use Permit.
(9) Limited to exercise facilities (e.g., yoga, Pilates, martial arts and dance studios) and arts instruction facilities. Other Small-Scale Commercial Recreation uses require approval of a Conditional Use Permit.
(10) Limited to restaurants with 50 or fewer seats.
(11) Limited to 2 restaurants greater than 2,500 square feet per block along Main Street. A block is defined as both sides of Main Street and the adjacent sides of adjoining side streets. Portions of Main Street to be designated a “block” for the purpose of this Section are as follows:

Block 1: South City Limits to Marine Street.

Block 2: Marine Street to Pier Avenue.

Block 3: Pier Avenue to Ashland Avenue.

Block 4: Ashland Avenue to Hill.

Block 5: Hill to Ocean Park Boulevard.

Block 6: Ocean Park Boulevard to Hollister Avenue (total of four restaurants and bars permitted in this block).

Block 7: Hollister Avenue to Strand.

Block 8: Strand to Pacific.

Block 9: Pacific to Bicknell.

Block 10: Bicknell to Bay.

Block 11: Bay to Pico Boulevard.

North of Ocean Park Boulevard restaurants shall be subject to the following requirements:
• Only one restaurant on the east side of each block shall be permitted. • No more than 200 seats per each block shall be permitted, except that no more than 400 seats shall be permitted on Block 6.

On-sale alcohol outlets may not exceed 12 in number north of Ocean Park Boulevard. Of the 12 total on-sale outlets, no more than 5 shall have on-sale general licenses.

Bars may not exceed 4 in number south of Ocean Park Boulevard, nor 2 in number north of Ocean Park Boulevard.

Existing uses and existing number of eats shall count toward the total number of bars and restaurants and seating requirements permitted within the district.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1705 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 76 (12) General Markets greater than 15000 square feet require a Conditional use permit. In the Neighborhood Commercial district, establishments shall not exceed 25,000 square ft. of floor area.
(13) Limited to electric distribution substations.
(14) If the commercial use requires a MUP or CUP, an application shall be required in accordance with Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the Live-Work unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit.

An example o a potential health impact is the potential for food contamination from uses that generate airborne particulates in a unit with an unenclosed kitchen. (15) Medical Marijuana Dispensaries are limited to the following locations:
• MUB District along Wilshire Boulevard between Lincoln Boulevard and Centinela Avenue; • GC District along Santa Monica Boulevard between Lincoln Boulevard and 20th Street; and
• MUBL District along Santa Monica Boulevard between 23rd Street and Centinela Avenue. (16) Limited to facilities of nor more than 3,000 square feet of floor area. (17) No individual tenant space in the NC District shall occupy more than 7,500 square feet of floor area and/or exceed 50 linear feet of ground floor street frontage without the approval of a Conditional Use Permit.
(18) Any community assembly facility abutting a residential district shall require a Conditional Use Permit.
(20) Youth-serving Personal Services, Physical Training requires review and approval of a passenger loading and drop-off plan by the Director.
(21) Permitted if within buildings existing as of July 24, 2015, subject to the Active Use Requirement, except:
• All new construction, including new additions of 50% or more additional square footage to an existing building at any one time, or incrementally, after the effective date of this Ordinance, requires approval of a Conditional Use Permit. • In the NC District, ground floor, street-fronting, tenant space occupied by non-Media Production, Support Facility uses shall not be changed to an individual office use or Media Production, Support Facility use occupying more than 12,500 square feet of floor area and/or exceeding 75 linear feet of street frontage without the approval of a Conditional Use Permit.
• In the NC District, no non-medical or non-dental office use tenant space shall be changed to an individual medical or dental office use anywhere in an existing building occupying more than 7,500 square feet of floor are and/or exceeding 50 linear feet of ground floor street frontage without the approval of a Conditional Use Permit. • In the MUBL, MUB and GC Districts, no non-medical or non-dental office use tenant space shall be changed to an individual medical or dental office use anywhere in an existing building occupying more than 12,500 square feet of floor area and/or exceeding 75 linear feet of ground floor street frontage without approve of a Conditional Use Permit.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1706 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 77 SECTION 15. Santa Monica Municipal Code Section 9.11.030 is hereby amended to read as follows:

9.11.030 Development Standards
Table 9.11.030 prescribes the development standards for Commercial and Mixed-Use Districts. Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses. Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to Subsections that directly follow the table.

TABLE 9.11.030: DEVELOPMENT STANDARDS—COMMERCIAL AND MIXED-USE CORRIDOR

DISTRICTS
Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln
& Pico
Blvds)
NC NC (Main
Street)
NC
(Ocean
Park
Blvd &
Montana
Ave)
Additional
Regulations
Parcel and Intensity Standards
Minimum
Parcel Size
(sq. ft.)
7,500 7,500 7,500 7,500 5,000 5,000
See (E) 5,000
Minimum
Parcel Width
(ft.)
50 50 50 50 50 50 50
Minimum
Parcel Depth
(ft.)
150 150 150 150 100 100 100
Maximum FAR Section 9.04.080,
Determining FAR
Tier 1—Base
Standard 1.25 1.25 1.0 1.25 1.25 0.75 0.75
Tier 1—
Projects
Including OnSite
Affordable
Housing in
Compliance
with AHPP

1.5 1.5 1.25 1.5 1.5 1.0 1.0
Chapter 9.64,
Affordable Housing
Production Program
Tier 2—With
Provision of
Community
Benefits

1.75 2.25 1.5

1.75 (2.0
if on-site
affordabl
e
housing
provided)
NA NA NA Chapter 9.23,
Community Benefits
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1707 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 78 TABLE 9.11.030: DEVELOPMENT STANDARDS—COMMERCIAL AND MIXED-USE CORRIDOR

DISTRICTS
Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln
& Pico
Blvds)
NC NC (Main
Street)
NC
(Ocean
Park
Blvd &
Montana
Ave)
Additional
Regulations
100%
Affordable
Housing
Projects

2.0 2.75 1.5 2.0

1.75; 2.0,
on Pico
Blvd only

1.25 1.25
Chapter 9.64,
Affordable Housing
Production Program
Building Form and Location
Maximum Building Height (stories/ft.) Section 9.04.050, Measuring Height
Tier 1—Base
Standard 2/32′ 2/32′ 2/32′ 2/32′ 2/32′ 2/27′ 2/32′
Tier 1—
Projects
Including OnSite
Affordable
Housing in
Compliance
with AHPP
3/36′
3/39′ if
100%
residenti
al above
ground
floor,
3/35′ for
all other
projects
NA 3/36′ 2/32′ 2/27′ 2/32′
Chapter 9.64,
Affordable Housing
Production Program
Tier 2—
With
Provision of
Community
Benefits
3/36′ 3/45′ 2/35′
3/32′
(3/36′ if
on-site
affordabl
e
housing
provided)
NA NA NA Chapter 9.23,
Community Benefits
Tier 2—
With
Provision of
Community
Benefits and
100%
Residential
Above the
Ground Floor
No limit
to
stories/3
6′
No limit
to
stories/5
0′
No limit
to
stories/3
5′
No limit
to
stories/3
2′ (36′ if
on-site
affordabl
e
housing
provided)
NA NA NA Chapter 9.23,
Community Benefits
100%
Affordable
Housing
Projects
No limit
to
stories/4
7′
No limit
to
stories/5
5′
No limit
to
stories/3
5′
No limit
to
stories/4
0′
No limit to
stories/32
′; 40′ on
Pico Blvd
only
No limit
to
stories/3
2′
No limit
to
stories/3
2′
Chapter 9.64,
Affordable Housing
Production Program
Minimum
Ground Floor
Height
11′ 11′ 11′ 11′ 11′ 11′ 11′
Maximum
Ground Floor
Height
16′ 16′ 16′ 16′ 16′ 16′ 16′
Maximum Building Footprint (sq. ft.)
Tier 1 25,000 25,000 25,000 15,000 10,000 10,000 10,000 DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1708 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 79 TABLE 9.11.030: DEVELOPMENT STANDARDS—COMMERCIAL AND MIXED-USE CORRIDOR

DISTRICTS
Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln
& Pico
Blvds)
NC NC (Main
Street)
NC
(Ocean
Park
Blvd &
Montana
Ave)
Additional
Regulations
Tier 2—With
Provision of
Community
Benefits
35,000 35,000 35,000 20,000 15,000 15,000 15,000
Setbacks
Minimum
Interior Side
and Rear—
Adjacent to
Residential
District
10 10 10 10 10 10
See (E) 10
Parking See Sections 9.28.070, Location of Parking and 9.28.120, Parking Design and Development Standards
Active
Commercial
Design
See (A) See (A) See (A) See (A) See (A) See (A) See (A) Pedestrian
Oriented
Design
See (B) See (B) See (B) See (B) See (B) See (B) See (B) Build-to-Line,
Nonresidenti
al Uses
See (C) See (C) See (C) See (C) See (C) See (C) See (C) Minimum Upper-Story Stepbacks (ft.)—Required Above Maximum Ground Floor Height StreetFacing
Façades
5′
average
5′
average
5′
average
5′
average
5′
average
5′
average
5′
average
Daylight
Plane
Adjacent to
Residential
District—
Interior Side
and Rear
Setbacks
See (D) See (D) See (D) See (D) See (D) See (D) See (D) Section 9.21.060, Height Exceptions
Standards for Residential Uses
Minimum
Outdoor
Living Area
(sq.
ft./unit)—
Sites with
Three or
More Units
100 100 100 100 100 100 100 Section 9.21.090,
Outdoor Living Area
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1709 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 80 TABLE 9.11.030: DEVELOPMENT STANDARDS—COMMERCIAL AND MIXED-USE CORRIDOR

DISTRICTS
Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln
& Pico
Blvds)
NC NC (Main
Street)
NC
(Ocean
Park
Blvd &
Montana
Ave)
Additional
Regulations
Minimum
Amount
Provided as
Private
Outdoor
Living Area
(sq. ft./unit)
60 60 60 60 60 60 60 Section 9.21.090,
Outdoor Living Area
Additional Standards
Accessory
Dwelling
Units
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory
Food Service Section 9.31.030, Accessory Food Service
Accessory
Structures Section 9.21.020, Accessory Buildings and Structures Automobile/
Vehicle
Sales,
Leasing, and
Storage
Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage Exceptions
to Height
Limits
Section 9.21.060, Height Exceptions
Fences and
Walls Section 9.21.050, Fences, Walls, and Hedges
Home
Occupation Section 9.31.160, Home Occupation
Junior
Accessory
Dwelling
Units
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping
and Street
Trees
Subsection 9.11.030(F), Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Off-Street
Parking and
Loading
Chapter 9.28, Parking, Loading, and Circulation
Projections
into Required
Setbacks
Section 9.21.110, Projections into Required Setbacks
Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy
Systems Section 9.21.150, Solar Energy Systems
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1710 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 81 TABLE 9.11.030: DEVELOPMENT STANDARDS—COMMERCIAL AND MIXED-USE CORRIDOR

DISTRICTS
Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln
& Pico
Blvds)
NC NC (Main
Street)
NC
(Ocean
Park
Blvd &
Montana
Ave)
Additional
Regulations
Refuse and
Recycling
Screening
and
Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards A. Active Ground Floor Design and Use.

1. Active Commercial Design. The ground-floor street frontage of new buildings on commercial boulevards shall be designed to accommodate commercial uses and activities, subject to the following:
a. A minimum average depth of 40 feet, but in no case less than 25 feet, for a minimum of 60 percent of the ground-floor frontage. b. Minimum Floor-to-Floor Heights.
i. 11 feet in all districts.
(1) Ground-Floor Street Frontages Along Commercial
Boulevards. The finished ground floor level along the commercial boulevard shall not exceed 18 inches lower or higher than the finished grade of the adjacent sidewalk.
(2) Sloped Ground-Floor Street Frontages Along
Commercial Boulevards. On parcels with a grade change of 10 percent or more along the length of the parcel line adjacent to the commercial boulevard, the finished ground floor level along the DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1711 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 82 commercial boulevard shall not exceed 18 inches lower or 3 feet higher than the finished grade of the adjacent sidewalk. (3) Corner Parcels. For corner parcels located at the
intersection of 2 commercial boulevards, the requirements of subsection (A)(1) shall apply to the ground-floor street frontages along both commercial boulevards.
ii. Loft spaces built within this area shall not exceed 30 percent of the total floor area of the space consistent with the definition of mezzanine.
c. A minimum of 70 percent of the façade facing a commercial street shall be transparent and include windows, doors, and other openings between 2.5 and 8 feet above finished grade. Openings fulfilling this requirement shall have transparent glazing or openings that provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displaying merchandise or other items other than signs that are at least 3 feet deep. This requirement may be modified by the Architectural Review Board if it can be demonstrated that the fulfillment of this requirement materially interferes with the project’s ability to meet the requirements of Municipal Code Chapter 8.36 – Energy Code.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1712 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 83 FIGURE 9.11.030.A: STREET-FACING FAÇADES
d. A minimum of one pedestrian entrance facing the commercial street.

2. Active Use Requirement. The ground-floor street frontage of buildings on commercial boulevards shall accommodate commercial uses and activities, subject to the following:
a. A minimum average depth of 40 feet, but no less than 25 feet, for a minimum of 60 percent of the ground-floor frontage, to the maximum extent feasible.
b. Within LUCE-designated Activity Centers, and Neighborhood Commercial Districts on Main Street and Montana Avenue, uses within these active use areas shall be limited to the following:
i. Cultural facilities;
ii. Food and beverage sales;
iii. Eating and drinking establishments;
iv. Grooming and pet stores;
v. Banks and credit unions;
vi. Business services;
vii. Commercial entertainment, recreation, and instructional services;
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1713 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 84 viii.General personal services and personal physical training; ix. General retail sales; and
x. Childcare facilities.
c. In other commercial districts, the following uses and use categories are prohibited within these active use areas:
i. Residential; and
ii. Offices, with the following exceptions:
(1) Creative offices or offices with walk-in clientele; and (2) Offices within a structure that was designed, approved, and continuously used with office at the ground level, facing the street.

3. 100 percent Affordable Housing Projects are exempt from the provision of subsection A except that 100 percent Affordable Housing Projects in the Neighborhood Commercial District shall be subject to subsection (A)(2).

B. Pedestrian-Oriented Design.

1. No more than 20 feet or 40 percent of a building’s façade, whichever is less, may be continuous blank or featureless linear street-level frontage.

2. New development shall incorporate the following design elements into the street-facing façades at the ground floor level:
a. Articulated façades at the ground floor street frontage, which may include, but not necessarily require, such measures as indentation in plane, change of materials in a complimentary manner, sensitive composition and juxtaposition of openings and solid wall and/or building DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1714 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 85 frame and projecting elements such as awnings and marquees to provide shade and shelter;
b. Exterior lighting which provides for a secure nighttime pedestrian environment by reinforcing entrances, public sidewalks and open areas with a safe level of illumination which avoids off-site glare.

3. Residential uses at the ground floor street frontage shall incorporate planted areas, porches, front stairs and/or other elements that contribute to a pedestrian environment. Pedestrian-oriented design elements may also include street furniture or other seating surfaces on private property and design amenities scaled to the pedestrian such as awnings, drinking fountains, paseos, arcades, colonnades, plazas, noncommercial community bulletin boards, public or private art and alternative paving materials in areas of pedestrian access.

4. When provided, storefront security grates or grilles shall be located inside exterior windows, shall be retractable into pockets or overhead cylinders, and shall be completely concealed when retracted.

5. Alternatives to the requirements of this Section 9.11.030 may be approved if the Review Authority finds that the proposed use has unique operational characteristics with which providing the required windows and openings is incompatible, and street-facing building walls will exhibit architectural relief and detail and be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1715 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 86 C. Build-To Line, Nonresidential Uses. Buildings with nonresidential uses on the ground floor and not facing a residential district shall be constructed no farther than 10 feet from the street facing property line(s) for 70 percent of linear street frontage. This requirement may be waived or modified subject to a discretionary approval upon finding that:

1. An alternative configuration can be approved based on the findings in Chapter 9.43, Modifications and Waivers, and the objectives of the Design Guidelines; and

2. Entry courtyards, plazas, small parks, entries, outdoor eating and display areas, or other uncovered areas designed and accessible for public use are located between the build-to line and building, provided that the buildings are built to the edge of the courtyard, plaza, small park, or dining area; and

3. The building incorporates an alternative entrance design that creates a pedestrian-oriented entry feature facing the street.

D. Daylight Plane Adjacent to Residential Districts. Buildings shall not extend above a plane starting at 25 feet in height directly above the parcel line abutting any residentially-zoned parcel, or where there is an alley, the centerline of the alley, and from that point, extending in at a 45-degree angle from vertical toward the interior of the site. The 25-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1716 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 87 FIGURE 9.11.030.D: DAYLIGHT PLANE ADJACENT TO RESIDENTIAL DISTRICTS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS
E. Parcels in the NC—Main Street District.

1. Use of Rear Yard. Commercial use in the required rear yard is not permitted. Noncommercial uses and parking are permitted in the rear yard to the rear property line on the ground level.

2. Use of Roof in Rear Yard. No portion of the first-floor roof within 15 feet of the rear property line may be used for any purpose other than access for building maintenance and repair. The remaining setback area may be privately used (not open to the public) if enclosed with a solid 6-foot barrier.

3. Consolidation of Parcels. Parcels shall not be consolidated nor shall parcels be tied if such consolidation or parcel tie results in a parcel that exceeds 6,000 square feet in size.

F. Planting Areas. The following areas shall be landscaped:

1. Setback Areas Adjoining Streets. All visible portions of a required setback area adjoining a street that are not used for driveways or walks shall consist of planting areas, landscape, or pedestrian amenities such as entry DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1717 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 88 courtyards, plazas, entries, outdoor eating and display areas, or other uncovered areas designed and accessible for public use.

2. Interior and Rear Setback Areas. At least 50 percent of each required interior side and rear setback area shall be a planting area. The width of a required planting area may be reduced to less than 50 percent of the setback area but no less than 3 feet in width in one side or rear setback area adjoining a driveway or when an approved nonresidential accessory structure occupies a portion of the rear setback area.

3. Adjoining R1 Districts. A continuous planting area with a minimum width of 5 feet shall be provided along interior parcel lines when a Mixed-Use and Commercial Districts adjoins an R1 or R2 District and is not separated by a public or private thoroughfare.

SECTION 16. Santa Monica Municipal Code Section 9.13.020 is hereby amended to read as follows:

9.13.020 Land Use Regulations
Table 9.13.020 prescribes the land use regulations for the Employment Districts. The regulations for each district are established by letter designations below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1718 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 89 “MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“—” designates uses that are not permitted.

Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the Santa Monica Municipal code (“Zoning Ordinance”). Use classifications and sub-classifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance.

TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.

Single Unit Dwelling – – P
Accessory Dwelling Unit -- -- P Section 9.31.025, Accessory Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit -- -- P Section 9.31.025, Accessory Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Structure – – P
Senior Citizen Multiple-Unit Residential – – P
Single-Room Occupancy Housing – – P
Congregate Housing L (1) L (1) P
Senior Group Residential CUP CUP P Section 9.31.310, Senior Group Residential
Elderly and Long-Term Care – P P
Emergency Shelters L (2)/CUP L
(2)/CUP L (2)/CUP Section 9.31.130, Emergency Shelters
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1719 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 90 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Family Day Care See sub-classifications below.

Small P P P
Large P P P Section 9.31.140, Family Day
Care, Large
Residential Facilities See sub-classifications below.

Residential Care, Limited P P P Section 9.31.270, Residential Care Facilities
Residential Care, Senior P P P
Hospice, Limited P P P
Supportive Housing P P P
Transitional Housing P P P
Public and Semi-Public Uses
Adult Day Care MUP P P
Child Care and Early Education Facilities MUP P P Section 9.31.120, Child Care and Early Education Facilities
Colleges and Trade Schools, Public or
Private – CUP –
Community Assembly CUP CUP CUP
Community Gardens P P P
Cultural Facility – – CUP
Hospitals and Clinics – – P
Park and Recreation Facilities, Public P P P
Public Safety Facilities MUP MUP P
Schools, Public or Private L (3)/CUP L
(3)/CUP P
Social Service Centers MUP MUP P Section 9.31.350, Social Service Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.

Kennels CUP – –
Pet Day Care Services MUP – –
Veterinary Services P – –
Automobile / Vehicle Sales and Service See sub-classifications below.

Alternative Fuels and Recharging
Facilities L (5)/CUP CUP –
Automobile Rental L (4) P – Section 9.31.050, Automobile Rental
Automobile Storage Use CUP CUP –
Automobile / Vehicle Sales and
Leasing CUP CUP –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Automobile / Vehicle Repair, Major L (5)/CUP – –
Section 9.31.060,
Automobile/Vehicle Repair,
Major and Minor
Automobile / Vehicle Service and
Repair, Minor L (5)/CUP – –
Section 9.31.060,
Automobile/Vehicle Repair,
Major and Minor
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1720 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 91 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Automobile / Vehicle Washing CUP – – Section 9.31.080,
Automobile/Vehicle Washing
Large Vehicle and Equipment Sales,
Service, and Rental CUP – –
Service Station L (5)/CUP CUP – Section 9.31.320, Service Stations
Towing and Impound L (5)/CUP – –
Banks and Financial Institutions See sub-classifications below.

Banks and Credit Unions – L (6) CUP
Business Services P L (6) P
Commercial Entertainment and Recreation See sub-classifications below.

Cinemas – – –
Theaters L (7)/CUP – –
Convention and Conference Centers – CUP –
Small-Scale Facility L (8)/CUP MUP (6) CUP Section 9.31.340, Small-Scale Facility, Game Arcades
Eating and Drinking Establishments See sub-classifications below.

Restaurants, Full-Service, Limited
Service & Take-Out, With
Entertainment, With Outdoor Eating
Areas (2,500 SF and smaller)
P L (6) P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants
with Entertainment
Section 9.31.200, Outdoor
Dining and Seating
Restaurants, Full-Service, Limited
Service & Take-Out, With
Entertainment, With Outdoor Eating
Areas (2,501 – 5,000 SF)
– MUP (6) P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants
with Entertainment
Section 9.31.200, Outdoor
Dining and Seating
Restaurants, Full-Service, Limited
Service & Take-Out, With
Entertainment, With Outdoor Eating
Areas (Greater than 5,000 SF)
– CUP (6) P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants
with Entertainment
Section 9.31.200, Outdoor
Dining and Seating
Equipment Rental P – P
Food and Beverage Sales See sub-classifications below.

Convenience Markets L (6) L (6) P
Farmers Markets CUP – –
Funeral Parlor and Mortuary – – CUP
Live-Work L (14) CUP L (14) Section 9.31.170, Live-Work Offices See sub-classifications below.

Business and Professional L (9) P P
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Packet Pg. 1721 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 92 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Creative P P –
Medical and Dental – P P
Walk-In Clientele L (10) L (6) L (10)
Parking, Public or Private CUP CUP CUP
Personal Services See sub-classifications below.

General Personal Services – L (6) P
Personal Services, Physical Training – L (6) CUP
Retail Sales See sub-classifications below.

Building Materials Sales and Services P – – Section 9.31.220, Outdoor Retail Display and Sales
Firearms and Ammunition Sales – – –
General Retail Sales, Small-scale CUP (11) MUP (6) P Section 9.31.220, Outdoor Retail Display and Sales
Medical Marijuana Dispensaries – – CUP Section 9.31.185, Medical Marijuana Dispensaries
Industrial Uses
Artist’s Studio P P P
Commercial Kitchens P – –
Industry, General P CUP (12) –
Research and Development P CUP (12) P
Industry, Limited P CUP (12) –
Media Production P P –
Recycling Facility See sub-classifications below.

Recycling Collection Facility P – –
Recycling Processing Facility P – –
Warehousing, Storage, and Distribution See sub-classifications below.

Indoor Warehousing and Storage P – –
Outdoor Storage CUP (13) – –
Personal Storage P CUP – Section 9.31.240, Personal
Storage
Wholesaling and Distribution P – –
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P
City Bikeshare Facility P P P
Communication Facilities See sub-classifications below.

Antennas and Transmission Towers CUP – CUP Chapter 9.32, Telecommunication Facilities
Facilities within Buildings CUP P CUP
Light Fleet-Based Services CUP – –
Utilities See sub-classifications below.

Utilities, Major P P –
Utilities, Minor P P P
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1722 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 93 Specific Limitations:
(1) Limited to 100% affordable housing projects. For Senior Citizen Multiple-Unit Residential projects in the Office Campus district that are not 100% affordable approval of a Conditional Use Permit is required.
(2) Homeless shelters with less than 55 beds are permitted by right. Homeless shelters with 55 beds or more may be permitted with application for and approval of a Conditional Use Permit. (3) Permitted if existing. New uses require approval of a Conditional Use Permit. (4) Limited to accessory automobile rental facilities located within Automobile/Vehicle Repair use. (5) Permitted if located 100 ft. or more from any residential use or district. Conditional Use Permit required if located within 100 ft. of a residential use or district. (6) Conditionally permitted as businesses that provide goods and services to employees on the premises.

No more than 25 percent of the total square footage of a development may be devoted to such businesses.
(7) Limited to theaters with 99 seats or less and 10,000 sq. ft. or less. Larger theaters require a Conditional Use Permit.
(8) Exercise facilities (e.g., yoga, Pilates, martial arts, and dance studios) permitted by right. Other SmallScale Commercial Recreation uses require a Conditional Use Permit. (9) Permitted if existing or accessory to a primary permitted use on the same site and not exceeding 25 percent of the gross floor area of the primary permitted use. (10) Permitted if existing. New uses are not permitted. (11) Limited to retail sales of goods manufactured on the premises provided that the floor space devoted to such use does not exceed 20 percent of the gross floor area of the primary permitted use or 2,000 sq. ft., whichever is less.
(12) Such uses must be conducted within an enclosed building or an open enclosure screened from public view. In order to approve a Conditional Use Permit, the review authority must make a finding that proposed uses are compatible with office and advanced technological uses. (13) Limited to outdoor storage of fleet vehicles if such vehicles are directly related to the primary operation on the site.
(14) If the commercial use requires a MUP or CUP, an application shall be required in accordance with Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the Live-Work unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from uses that generate airborne particulates in a unit with an unenclosed kitchen.

SECTION 17. Santa Monica Municipal Code Section 9.13.030 is hereby amended to read as follows:

9.13.030 Development Standards
Table 9.13.030 prescribes the development standards for Employment Districts.

Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses. Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to subsections that directly follow the table.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1723 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 94 TABLE 9.13.030: DEVELOPMENT STANDARDS—EMPLOYMENT DISTRICTS Standard IC OC* HMU Additional Regulations
Parcel and Intensity Standards
Minimum
Parcel Size
(sq. ft.)
15,000 15,000 7,500
Minimum
Parcel Width
(ft.)
100 100 50
Minimum
Parcel Depth
(ft.)
150 150 100
Maximum FAR Section 9.04.080, Determining
FAR
Tier 1—
Base
Standard

1.0 1.5 1.5
Tier 2—
With
Provision
of
Community
Benefits

1.75 1.75 2.5 Chapter 9.23, Community
Benefits
100%
Affordable
Housing
Projects

2.25 NA 2.5 Limited to 50 or fewer units
Building Form and Location
Maximum Building Height (stories/ft.) Section 9.04.050, Measuring Height
Tier 1—
Base
Standard
2/32 2/32 3/45
Tier 2—
With
Provision
of
Communit
y Benefits
3/45 See (A) 3/45 5/70
100%
Affordable
Housing
Projects
No limit to stories/45 NA No limit to
stories/70 Limited to 50 or fewer units
Minimum Setbacks (ft.)
Front and
Corner
Side
None None None
Interior
Side and
Rear
Adjacent to
a
Residential
District

15. See (B) 15. See (B) 15. See (B)
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Packet Pg. 1724 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 95 TABLE 9.13.030: DEVELOPMENT STANDARDS—EMPLOYMENT DISTRICTS Standard IC OC* HMU Additional Regulations
Parking Sections 9.28.070, Location of Parking and 9.28.120, Parking Design and Development Standards
Minimum
Ground-Floor
(Floor-toFloor) Height
(ft.) for
Frontages on
a Boulevard
11 11 NA
Maximum
Ground Floor-
(Floor-to-Floor
Height (ft.) for
Frontages on
a Boulevard
16 16 NA
Minimum Upper-Story Stepbacks (ft.)—Required Above Maximum Ground Floor Height StreetFacing
Façades
5′ average 5′ average NA
Daylight Plane
Adjacent to
Residential
District—
Interior Side
and Rear
Setbacks
See (C) See (C) See (C)
Additional Standards
Accessory
Dwelling Units
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory
Food Service Section 9.31.030, Accessory Food Service
Accessory
Structures Section 9.21.020, Accessory Buildings and Structures Exceptions to
Height Limits Section 9.21.060, Height Exceptions
Fences and
Walls Section 9.21.050, Fences, Walls, and Hedges
Home
Occupation Section 9.31.160, Home Occupation
Junior
Accessory
Dwelling Units
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping Subsection 9.13.030(D), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Off-Street
Parking and
Loading
Chapter 9.28, Parking, Loading, and Circulation
Parking
Structures and
Areas
Chapter 9.28, Parking, Loading, and Circulation
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1725 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 96 TABLE 9.13.030: DEVELOPMENT STANDARDS—EMPLOYMENT DISTRICTS Standard IC OC* HMU Additional Regulations
Projections
into Required
Setbacks
Section 9.21.110, Projections into Required Setbacks
Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy
Systems Section 9.21.150, Solar Energy Systems
Refuse and
Recycling
Screening and
Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards * In those portions of the OC Districts adjacent to Ocean Park Boulevard, development of additional floor area that requires discretionary approval shall only be permitted after completion of a specific plan.

A. Maximum Heights. The following projects may have a maximum height of 4 stories, 45 feet:

1. Projects involving the expansion of public or private elementary and secondary schools (Grades K through 12) existing prior to September 8, 1988.

2. Entertainment-related facilities including sound stages, movie studios, editing facilities, post-production facilities, set construction facilities and special effects facilities.

3. Theaters.

B. Use of Setbacks Adjacent to Residential Districts. The required setback area adjacent to a Residential District shall not be used for parking or loading facilities, storage, or other commercial or industrial purposes. A portion of the setback area, not to exceed 10 feet in width, may be used for access to parking or loading areas no closer than 5 feet to the respective parcel line.

C. Daylight Plane Adjacent to Residential Districts. Buildings shall not extend above a plane starting at 25 feet in height directly above the parcel line abutting DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1726 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 97 any residentially-zoned parcel, or where there is an alley, the centerline of the alley, and from that point, extending in at a 45-degree angle from vertical toward the interior of the site. The 25-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.

FIGURE 9.13.030.C: DAYLIGHT PLANE ADJACENT TO RESIDENTIAL DISTRICTS—

EMPLOYMENT DISTRICTS
D. Planting Areas. The following areas shall be landscaped.

1. Setback Areas Adjoining Streets. All visible portions of a required setback area adjoining a street that are not used for driveways or walks shall be planting area or landscape.

2. Adjoining Residential or Mixed-Use Districts. A continuous planting area with a minimum width of 5 feet shall be provided along interior parcel lines when an Employment district adjoins a Residential or Mixed-Use District and is not separated by a public or private thoroughfare.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1727 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 98 SECTION 18. Santa Monica Municipal Code Section 9.14.020 is hereby amended to read as follows:

9.14.020 Land Use Regulations
Table 9.14.020 prescribes the land use regulations for the Oceanfront District. The regulations for each district are established by letter designations listed below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit.
“–” designates uses that are not permitted.

Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and subclassifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1728 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 99 TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.

Single Unit Dwelling P
Accessory Dwelling Unit P
Section 9.31.025, Accessory Dwelling
Units and Junior Accessory Dwelling
Units
Junior Accessory Dwelling Unit P Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling
Units
Duplex P
Multiple-Unit Dwelling P
Senior Citizen Multiple-Unit
Residential P
Single Room Occupancy Housing P Section 9.31.330, Single Room Occupancy Uses
Group Residential MUP
Congregate Housing P Section 9.31.110, Congregate and
Transitional Housing
Senior Group Residential P Section 9.31.310, Senior Group Residential
Elderly and Long-Term Care P
Emergency Shelters CUP Section 9.31.130, Emergency Shelters Family Day Care See sub-classifications below.

Large P Section 9.31.140, Family Day Care,
Large
Small P
Residential Facilities See sub-classifications below.

Residential Care, General P Section 9.31.270, Residential Care Facilities
Residential Care, Limited P Section 9.31.270, Residential Care Facilities
Residential Care, Senior P Section 9.31.270, Residential Care Facilities
Supportive Housing P
Transitional Housing P
Public and Semi-Public Uses
Adult Day Care CUP
Child Care and Early Education
Facilities CUP Section 9.31.120, Child Care and Early Education Facilities Cultural Facilities CUP
Park and Recreations Facilities, Public P
Schools P
Commercial Uses
Automobile/Vehicle Sales and Service See sub-classifications below.

Automobile Rental MUP Section 9.31.050, Automobile Rental DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Packet Pg. 1729 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 100
TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Commercial, Entertainment, and
Recreation See sub-classifications below.

Theaters L (1)
Convention and Conference Centers P
Small-Scale Facility P Section 9.31.340, Small-Scale Facility, Game Arcades
Large-Scale Facility L (2)/CUP
Eating and Drinking Establishments See sub-classifications below.

Bars/Nightclubs/Lounges L (3)/CUP Section 9.31.040, Alcoholic Beverage Sales
Restaurants, Full-Service including
Outdoor Dining and Seating P
Section 9.31.040, Alcoholic Beverage
Sales
Section 9.31.280, Restaurants, Limited
Service and Take-Out Only
Section 9.31.290, Restaurants With
Entertainment
Section 9.31.200, Outdoor Dining and
Seating
Chapter 9.20, Beach Overlay District
Restaurants, Limited Service and
Take-Out Only including Outdoor
Dining and Seating
P
Section 9.21.040, Alcoholic Beverage
Sales
Section 9.31.280, Restaurants, LimitedService and Take Out Only Section 9.31.290, Restaurants With
Entertainment
Section 9.31.200, Outdoor Dining and
Seating
Chapter 9.20, Beach Overlay District
Food and Beverage Sales See sub-classifications below.

Convenience Markets P Section 9.31.040, Alcoholic Beverage Sales
Farmers Markets MUP
General Markets L (4) Section 9.31.040, Alcoholic Beverage Sales
Liquor Stores CUP Section 9.31.040, Alcoholic Beverage
Sales
Lodging See sub-classifications below.

Bed and Breakfast CUP Within Designated Landmarks only.

Section 9.31.090, Bed and Breakfasts
Offices See sub-classifications below.

Business and Professional L (5)/CUP
Creative L (5)/CUP
Walk-In Clientele L (5)/CUP
Parking, Public or Private CUP
General Personal Services MUP
Retail Sales See sub-classifications below.

General Retail Sales, Small-Scale P Section 9.31.220, Outdoor Retail Display and Sales
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Packet Pg. 1730 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 101
TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P
Specific Limitations:
(1) Limited to theaters for live performances.
(2) Existing large-scale commercial, entertainment, and recreation facilities existing as of the date of this Ordinance are permitted. Any new large-scale commercial, entertainment, and recreation facilities require approval of a Conditional Use Permit. (3) Bars, nightclubs, and lounges are only permitted on the Pier, on Oceanfront Walk, and within hotels. (4) Limited to establishments with no more than 2,500 sq. ft. of floor area. (5) Office uses on the ground floor street frontage may not exceed 25 percent of the parcel width or 1,000 sq. ft, whichever is less.

SECTION 19. Santa Monica Municipal Code Section 9.14.030 is hereby amended to read as follows:

9.14.030 Development Standards
Table 9.14.030 prescribes the development standards for the Oceanfront District.

Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses. Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to subsections that directly follow the table.

TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT Standard OF Additional Regulations
Parcel and Intensity Standards
Minimum Parcel Size (sq. ft.) 5,000
Minimum Parcel Width (ft.) 50′
Minimum Parcel Depth (ft.) 100′
Maximum Density; Parcels
along the Pacific Coast
Highway between the Santa
Monica Pier and the north
City limits
Parcels 4,000 sq. ft. or more: 1 dwelling unit/1,500
sq. ft.

Parcels less than 4,000 sq. ft.: 1 dwelling
unit/parcel if existing, no new dwelling units. But
see Section 9.31.025(D) regarding accessory
dwelling units and junior dwelling units.

No more than 1 dwelling unit
shall be permitted on a parcel
40 ft. or less in width
But see Section 9.31.025(D)
regarding accessory dwelling
units and junior accessory
dwelling units.

Maximum FAR Section 9.04.080, Determining
FAR
Tier 1—Base Standard

1.5; 0.5 for parcels located along the Pacific Coast
Highway between the Santa Monica Pier and the
north City limits
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TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT Standard OF Additional Regulations
Tier 2—With Provision of
Community Benefits 2.0 Chapter 9.23, Community Benefits 100% Affordable Housing
Projects 2.25
Limited to 50 or fewer units;
Chapter 9.64, Affordable
Housing Production Program
Santa Monica Pier Maximum FAR
The Deauville site to the
north, Seaside Terrace to
the south, The Ocean
Front Walk to the west,
and Ocean Avenue to the
east, except parcels
fronting on Ocean Avenue

1.0 Parcels fronting on Ocean
Avenue 0.5
Maximum Parcel Coverage
(%)
70; 50 on parcels along the Pacific Coast Highway
between the Santa Monica Pier and the north City
limits
Building Form and Location
Maximum Building Height
(stories/ft.)
One story for newly constructed stand-alone
restaurants except for the Santa Monica Pier
Section 9.04.050 Measuring
Height
Tier 1—Base Standard
2/32′;
2/23′ (flat roof) or 2/30′ (pitched roof) for parcels
located along the Pacific Coast Highway between
the Santa Monica Pier and the north City limits
Tier 1—Projects Including
On-Site Affordable
Housing in Compliance
with AHPP
3/36′ Chapter 9.64, Affordable
Housing Production Program
100% Affordable Housing
Projects No limit to number of stories/47′
Limited to 50 or fewer units;
Chapter 9.64, Affordable
Housing Production Program
Tier 2—With Provision of
Community Benefits 3/47′ Chapter 9.23, Community Benefits Tier 2—With Provision of
Community Benefits and
100% Residential Above
the Ground Floor
No limit to stories/47′ Chapter 9.23, Community
Benefits
Santa Monica Pier Maximum Building Height (stories/ft.) Section 9.04.050, Measuring Height
The Deauville site to the
north, Seaside Terrace to
the south, The
Promenade to the west,
and Ocean Avenue to the
east, including parcels
fronting on Ocean Avenue
2/30′
Amusement Rides on the
Santa Monica Pier
85 ft. for one Ferris wheel; 55 ft. for one roller
coaster; 45 ft. for all other amusement rides
Street-Facing Façades (ft.)
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TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT Standard OF Additional Regulations
Minimum Ground Floor
(Floor-to-Floor) Height for
Nonresidential Uses
11′
Maximum Ground Floor
(Floor-to-Floor) Height for
Nonresidential Uses
16′
Active Commercial Design See (A)
Pedestrian Oriented Design See (B)
Exterior Lighting See (D)
Minimum Setbacks (ft., measured from parcel line)
Street Frontage
5 ft. from street fronting parcel line except for 20 ft. on Pacific Coast Highway between northern City
limits and Santa Monica Pier. See (C)
Rear
15 ft. if adjacent to a residential use; 25 ft. for
beach rear setback on parcels over 100 ft. in depth
located along the Pacific Coast Highway between
the Santa Monica Pier and the north City limits
Side
If adjacent to a residential use, see (E); for parcels
located along the Pacific Coast Highway between
the Santa Monica Pier and the north City limits,
see (E)
Minimum Upper-Story Stepbacks (ft.)—Required Above Maximum Ground Floor Height Street-Facing Façades
At least 30% of the building elevation above the
maximum ground floor height shall provide an
additional 5-foot average setback from the
minimum required front yard setback
Daylight Plane Adjacent to
Residential Use—Interior
Side and Rear Setbacks
See (F) Section 9.21.070, Height
Exceptions
View Corridors See (G)
Standards for Residential Uses
Minimum Outdoor Living Area
(sq. ft./unit)—Sites with Three
or More Units
100 Section 9.21.090, Outdoor
Living Area
Minimum Amount
Provided as Private
Outdoor Living Area (sq.
ft./unit)
60 Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food Service Section 9.31.030, Accessory Food Service Accessory Structures Section 9.21.020, Accessory Buildings and Structures Exceptions to Height Limits Section 9.21.060, Height Exceptions Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling
Units
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping Subsection 9.14.030(H), Landscaping; Chapter 9.26, Landscaping DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT Standard OF Additional Regulations
Lighting Section 9.21.080, Lighting
Off-Street Parking and
Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Required
Setbacks Section 9.21.110, Projections into Required Setbacks Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems Trash Screening and
Enclosure Section 9.21.130, Resource Recovery and Recycling Standards A. Active Commercial Design. The ground-floor street frontage of buildings on commercial boulevards intended to accommodate commercial uses and activities shall be subject to the following:

1. A minimum average depth of 40 feet, in no case less than 25 feet, for a minimum of 60 percent of the ground-floor frontage.

2. Minimum Floor-to-Floor Heights.
a. A minimum floor-to-floor height of 11 feet.
(i) Ground-Floor Street Frontages Along Commercial
Boulevards. The finished ground floor level along the commercial boulevard shall not exceed 18 inches lower or higher than the finished grade of the adjacent sidewalk.
(ii) Sloped Ground-Floor Street Frontages Along Commercial Boulevards. On parcels with a grade change of 10 percent or more along the length of the parcel line adjacent to the commercial boulevard, the finished ground floor level along the commercial boulevard shall not DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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exceed 18 inches lower or 3 feet higher than the finished grade of the adjacent sidewalk.
b. Loft spaces built within this area shall not exceed 30 percent of the total floor area of the space consistent with the definition of mezzanine.

3. A minimum of 70 percent of the façade facing a commercial street shall be transparent and include windows, doors, and other openings between 2.5 and 8 feet above finished grade. Openings fulfilling this requirement shall have transparent glazing or openings that provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displaying merchandise or other items other than signs that are at least 3 feet deep. This requirement may be modified by the Architectural Review Board if it can be demonstrated that the fulfillment of this requirement materially interferes with the project’s ability to meet the requirements of Municipal Code Chapter 8.36 – The Energy Code.

4. A minimum of one pedestrian entrance facing the street.

B. Pedestrian-Oriented Design. New development shall incorporate the following design elements into the street-facing façades at the ground floor level:

1. Articulated façades at the ground floor street frontage, which may include, but not necessarily require, such measures as indentation in plane, change of materials in a complimentary manner, sensitive composition and juxtaposition of openings and solid wall and/or building frame and projecting elements such as awnings and marquees to provide shade and shelter.

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2. Alternatives to the requirements of this Section 9.14.030 may be approved if the Review Authority finds that the proposed use has unique operational characteristics with which providing the required windows and openings is incompatible, and street-facing building walls will exhibit architectural relief and detail and be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

C. Build-To Line, Nonresidential Uses. Except on Pacific Coast Highway between northern City limits and Santa Monica Pier, buildings with nonresidential uses on the ground floor shall be constructed no farther than 10 feet from the street facing parcel line(s) for 70 percent of linear street frontage. This requirement may be waived or modified subject to a discretionary approval upon finding that:

1. Entry courtyards, plazas, entries, outdoor eating and display areas, or other uncovered areas designed and accessible for public use are located between the buildto line and building, provided that the buildings are built to the edge of the courtyard, plaza, or dining area; and

2. The building incorporates an alternative entrance design that creates a welcoming entry feature facing the street.

D. Exterior Lighting. Exterior lighting should provide for a secure nighttime pedestrian environment by reinforcing entrances, public sidewalks and open areas with a safe level of illumination which avoids off-site glare.

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E. Side Setback. The side setback shall be determined in accordance with the following formula, except for parcels of less than 50 feet in width for which the side setback shall be 10 percent of the parcel width but not less than 4 feet:
5′ + (stories x parcel width)
50′
For parcels located along the Pacific Coast Highway between the Santa Monica Pier and the north City limits, at least 25 percent of the side elevation above 14 feet in height shall provide an additional 4-foot average setback from the minimum side setback.

F. Daylight Plane Adjacent to Residential Uses. Buildings shall not extend above a plane starting at 25 feet in height directly above the parcel line abutting any residentially-zoned parcel in residential use, or where there is an alley, the centerline of the alley, and from that point, extending in at a 45-degree angle from vertical toward the interior of the site. The 25-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.

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FIGURE 9.14.030.F: DAYLIGHT PLANE ADJACENT TO RESIDENTIAL USES—

OCEANFRONT DISTRICTS
G. View Corridors. For parcels located along the Pacific Coast Highway between the Santa Monica Pier and the north City limits, any structure with 70 feet or more of frontage parallel to the Pacific Coast Highway shall provide an unobstructed view corridor between Pacific Coast Highway and the ocean. The view corridor shall be a minimum of 20 continuous feet in width measured from the parcel line abutting and parallel to Pacific Coast Highway and shall remain unobstructed by any structure or portion thereof.

H. Landscaping. The following landscaping requirements apply.

1. Setback Areas Adjoining Streets. All visible portions of a required setback area adjoining a street that are not used for driveways or walks shall consist of planting areas, landscape, or pedestrian amenities.

2. Interior Setback Areas. At least 50 percent of each required interior side setback area and rear setback area shall be planting area having a minimum width of 7.5 feet adjoining a side or rear parcel line. The width of a required planting DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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area may be reduced to 3 feet in one side or rear setback areas adjoining a driveway, and a nonresidential accessory structure may occupy a portion of the planting area in a rear setback area.

SECTION 20. Santa Monica Municipal Code Section 9.15.020 is hereby amended to read as follows:

9.15.020 Land Use Regulations
Table 9.15.020 prescribes the land use regulations for Public and Semi-Public Districts.

The regulations for each district are established by letter designations listed below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit.
“–” designates uses that are not permitted.

Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and subclassifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance.

TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS Use Classification CC PL OS Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.

Multiple-Unit Dwelling L (1) - -
Accessory Dwelling Unit P Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling
Units
Senior Citizen Multiple-Unit
Residential L (1) - -
Single Room Occupancy
Housing L (1) - -
Group Residential L (1) - -
Congregate Housing L (1) - - Section 9.31.110, Congregate and Transitional Housing
Senior Group Residential L (1) - - Section 9.31.310, Senior Group Residential
Emergency Shelters - P - Section 9.31.130, Emergency Shelters Family Day Care See sub-classifications below.

Large P P P Section 9.31.140, Family Day Care,
Large
Small P P P
Residential Care Facilities See sub-classifications below.

Residential Care, General L (1) - - Section 9.31.270, Residential Care Facilities
Residential Care, Limited L (1) - - Section 9.31.270, Residential Care Facilities
Residential Care, Senior L (1) - - Section 9.31.270, Residential Care Facilities
Hospice, General - - -
Hospice, Limited - - -
Supportive Housing L (1) - -
Transitional Housing L (1) - -
Public and Semi-Public Uses
Adult Day Care P P P
Cemetery - P -
Child Care and Early Education
Facilities P P P Section 9.31.120, Child Care and Early Education Facilities Colleges and Trade Schools, Public
or Private L (3) P -
Community Assembly P P L (3)
Community Gardens - P P
Cultural Facilities P P P
Park and Recreations Facilities,
Public P P P
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TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS Use Classification CC PL OS Additional Regulations
Public Safety Facilities P P -
Schools, Public or Private L (3) P -
Social Service Centers P P -
Commercial Uses
Banks and Financial Institutions L (1) - -
Business Services L (1) - -
Commercial, Entertainment, and
Recreation See sub-classifications below.

Cinemas/Theaters - - MUP (3)
Convention and Conference
Centers P - -
Large-Scale Facility - - -
Small-Scale Facility - - - Section 9.31.340, Small-Scale Facility, Game Arcades
Eating and Drinking Establishments See sub-classifications below.

Restaurants, Full-Service L (1) L (2) L (2) Section 9.31.040, Alcoholic Beverage Sales
Restaurants, Limited Service L (1) L (2) L (2) Section 9.31.040, Alcoholic Beverage Sales
Restaurants, Take-Out Only L (1) L (2) - Section 9.31.040, Alcoholic Beverage Sales
With Outdoor Eating Areas L (1) L (2) L (2) Section 9.31.200, Outdoor Dining and Seating
Food and Beverage Sales See sub-classifications below.

Convenience Markets L (1) - - Section 9.31.040, Alcoholic Beverage Sales
Farmers Markets - P CUP
General Markets L (1) - - Section 9.31.040, Alcoholic Beverage Sales
Live-Work L (1) - - Section 9.31.170, Live-Work Units
Lodging See sub-classifications below.

Hotels and Motels CUP - -
Offices See sub-classifications below.

Business and Professional L
(4)/CUP L (3) -
Creative L
(4)/CUP - -
Walk-In Clientele L
(4)/CUP - -
Parking, Public or Private L (3) P L (5)
General Personal Services L (1) - -
Retail Sales See sub-classifications below.

General Retail Sales, SmallScale L (1) - - Section 9.31.220, Outdoor Retail Display and Sales
Swap Meet MUP MUP MUP Section 9.31.360, Swap Meets
Transportation, Communication, and Utilities Uses
Citywide Bikeshare Facility P P P
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TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS Use Classification CC PL OS Additional Regulations
Communication Facilities See sub-classifications below.

Antennas and Transmission
Towers CUP CUP -
Equipment Within Buildings - P -
Utilities, Major - P -
Utilities, Minor - P -
Specific Limitations:
(1) Permitted as part of a mixed-use development. Residential uses not permitted on ground floor. (2) Permitted only as an accessory to a primary use. Must be located within the same building as a primary use.
(3) Limited to public, quasi-public, or nonprofit establishments. (4) Public, quasi-public, and nonprofit offices are permitted. Conditional Use Permit required for private offices.
(5) Limited to public parking for beach or park users.

SECTION 21. Santa Monica Municipal Code Section 9.15.030 is hereby amended to read as follows:

9.15.030 Development Standards
Table 9.15.030 prescribes the development standards for the Public and Semi-Public Districts. Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses. Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to Subsections that directly follow the table. Development standards for the Civic Center (CC) district are as prescribed in the Civic Center Specific Plan, which is hereby incorporated by reference.

Where Zoning Ordinance provisions are not specifically addressed by the Civic Center Specific Plan, the Zoning Ordinance shall apply. Where there is a conflict between compliance with the Civic Center Specific Plan and the Zoning Ordinance, the Civic Center Specific Plan shall control except where the conflicting Zoning Ordinance provision was adopted through voter initiative in which case the initiative shall control.

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TABLE 9.15.030: DEVELOPMENT STANDARDS—PUBLIC AND PARK DISTRICTS Standard PL OS Additional Regulations
Parcel and Intensity Standards
Minimum Parcel Size (sq.
ft.) 20,000 5,000
Building Form and Location
Maximum Building Height
(stories/ft.) 2/32
2/28; 1/20 west of the
centerline of Ocean
Avenue and Barnard
Way
Section 9.04.050, Measuring
Height
Minimum Setbacks (ft., measured from property line)
Street Frontage 10 20
Interior Side and Rear 10; 15 when abutting
a residential district 10
Maximum Parcel Coverage
(% of a parcel) NA 25
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food Service Section 9.31.030, Accessory Food Service Accessory Structures Section 9.21.020, Accessory Buildings and Structures Exceptions to Height Limits Section 9.21.060, Height Exceptions Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Landscaping Section 9.15.030(A), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Off-Street Parking and
Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Required
Setbacks Section 9.21.110, Projections into Required Setbacks Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems Trash Screening and
Enclosure Section 9.21.130 Resource Recovery and Recycling Standards A. Planting Areas, Public District. In the Public and Semi-Public Districts, the following landscaping requirements apply.

1. Setback Areas Adjoining Streets. All visible portions of a required setback area adjoining a street that are not used for driveways or walks shall consist of planting areas, landscape, or pedestrian amenities.

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2. Interior Setback Areas. At least 50 percent of each required interior side setback area and rear setback area shall be planting area having a minimum width of 7.5 feet adjoining a side or rear parcel line. The width of a required planting area may be reduced to 3 feet in one side or rear setback areas adjoining a driveway, and a nonresidential accessory structure may occupy a portion of the planting area in a rear setback area.

SECTION 22. Santa Monica Municipal Code Section 9.21.020 is hereby amended to read as follows:

9.21.020 Accessory Structures
Accessory structures shall conform to the same property development standards as main buildings except as required by this Section. Accessory buildings in Residential Districts shall include, but not be limited to, greenhouse and garden structures, storage sheds, workshops, garages, and other buildings that are detached from the principal building.

Accessory structures in Residential Districts shall include, but not be limited to, unenclosed carports, gazebos, cabanas, or other similar structures; air conditioners, compressors, electric vehicle charging equipment, pool and spa filters, or other mechanical equipment; barbecues; sinks and counters; fountains; freestanding fireplaces; firepits; above ground swimming pools and spas; and other structures with a fixed location that are detached from the principal building. Accessory structures greater than 14 feet in height are not permitted. Accessory structures shall be erected, structurally altered, converted, enlarged, moved, and maintained, in compliance with the following regulations:

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A. Relation to Principal Buildings. An accessory building may only be constructed on a parcel with a legally-permitted principal building. Except for accessory dwelling units established in compliance with Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling units, of this code, an accessory building shall be considered part of the principal building if the accessory building is located less than 6 feet from the principal building or if connected to it by fully enclosed space.

B. Dwelling Units in Accessory Buildings. An accessory building on a parcel occupied or proposed to be occupied by a single-unit or multiple-unit detached dwelling may only be used as a separate dwelling unit in compliance with the requirements of Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units.

C. Accessory Buildings up to 14 Feet in Residential Districts. Accessory buildings and structures not more than 14 feet or one story in height shall conform to the following standards:

1. Location.
a. Accessory buildings shall be located on the rear half of the parcel and shall not extend into the minimum side yard setback except as authorized pursuant to subsections (b) and (c) below.
b. Accessory buildings no more than 14 feet in height may be located in the rear setback but shall be located at least 5 feet from the rear parcel line. A garage or garage portion of such an accessory building may extend up to one interior side parcel line within the rear 35 feet of a parcel.

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c. A garage or garage portion of an accessory building may extend to the rear parcel line abutting an alley, provided that vehicle access is not taken from the alley. Where vehicle access is taken from an alley, garages shall be set back at least 5 feet from the rear parcel line abutting said alley.
d. Accessory buildings may be located in the rear setback and shall be located at least 15 feet from the centerline of a rear alley. e. Accessory structures shall not be located within any front or minimum side setback except as expressly authorized below:
i. Fountains, fire pits, and similar ornamental landscape features not to exceed 42 inches in height.
ii. Underground mechanical equipment.
iii. Electric vehicle charging equipment shall be permitted within any minimum side setback but shall not be permitted within any minimum front setback.

2. Dimensions.
a. On a reversed corner parcel, accessory buildings shall not be located nearer to the street side parcel line of such corner parcel than onehalf of the front setback depth required on the key parcel, nor be located nearer than 5 feet to the side parcel line of any key parcel. b. Any accessory building on a through parcel shall not project into any front setback and shall not be located in any minimum side setback.

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3. Sloped Parcels.
a. Where the elevation of the ground at a point 50 feet from the front parcel line of a parcel and midway between the side parcel lines differs 12 feet or more from the curb level, a private garage, not exceeding one story nor 11 feet in height for a flat roof and one story nor 14 feet in height for a pitched roof, may be located within the required front setback, provided that every portion of the garage building is at least 5 feet from the front parcel line and does not occupy more than 50% of the width of the front parcel line.
b. In all OP Districts, a garage or garage entrance on a parcel with an existing grade differential of 10 feet or more between the midpoint of the front parcel line and the midpoint of the rear parcel line may be set back a distance equal to the average garage setback of adjacent garage(s), but not less than 5 feet, when the interior garage width does not exceed 20 feet and the height does not exceed 11 feet for a flat roof and 14 feet for a pitched roof.

4. Facilities. Except for accessory dwelling units established in compliance with Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units, accessory buildings may not contain kitchens or full baths. An accessory building that is not an approved accessory dwelling unit may contain a sink and toilet, but may not contain a shower or tub enclosure. A shower that is outside and unenclosed is permitted.

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D. Accessory Buildings over One Story or 14 Feet in Residential Districts.

Accessory buildings that exceed 14 feet or one story in height shall conform to the following standards:

1. Maximum Floor Area. The total floor area of an accessory building that exceeds 14 feet or one story in height shall not exceed 650 square feet including any area approved for use as a garage. No accessory building shall have a second floor that exceeds 250 square feet in size. Accessory dwelling units are exempt from this requirement pursuant to Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units.

2. Maximum Building Height. The accessory building shall not exceed two stories or 24 feet in height.

3. Setbacks. The accessory building shall conform to all setback requirements of the Residential District and the following requirements:
a. A one-story garage or the garage portion of an accessory building may extend into the rear setback and may extend to one interior side property line on the rear 35 feet of a parcel.
b. The accessory building shall have the same minimum side setback requirement as the principal building on the parcel, but in no case less than 5 feet.
c. The second story portion of an accessory building that is directly above the garage may extend into the required rear setback but shall be no closer than 5 feet from the rear property line, and may not extend into any minimum side setback.

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4. Exterior Features. In the Single-Unit Residential (R1) District, firststory roof decks, landings, upper level walkways, and balconies on accessory buildings, not including accessory dwelling units, shall not exceed 35 square feet in area and must be set back at least 25 feet from the side property line closest to the structure, and at least 25 feet from the rear property line. Roof decks above the second story are prohibited.

5. Design Compatibility. The architectural design of the accessory building shall be compatible with the design of the principal dwelling and surrounding residential development in terms of building form, materials, colors, and exterior finishes.

6. Kitchen. The accessory building shall not contain a kitchen unless specifically permitted as an accessory dwelling unit pursuant to Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units.

7. Full Bath. The accessory building may contain a sink and toilet, but shall not contain a shower or tub enclosure unless specifically permitted as an accessory dwelling unit pursuant to Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units. A shower that is located outside and unenclosed may be permitted.

8. Renting. No accessory building shall be rented for any purpose or otherwise used as an accessory dwelling unit unless specifically pursuant to Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units.

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SECTION 23. Santa Monica Municipal Code Section 9.22.010 is hereby amended to read as follows:

9.22.010 Purpose
The purpose of this Chapter is to promote the production of deed-restricted affordable housing, to implement goals, objectives, policies, and programs of the City’s Land Use and Circulation Element (“LUCE”) and Housing Element related to affordable housing production, and to establish procedures for implementing the requirements of the State Density Bonus Law, as set forth in California Government Code Chapter 4.3, Sections 65915-65918, (the “State Density Bonus Law”).

SECTION 24. Current Santa Monica Municipal Code Section 9.22.020 is hereby renumbered as Section 9.22.040 and amended to read as set forth in Section 26 of this Ordinance; a new Section 9.22.020 is added to read as follows:

9.22.020 Relation to Affordable Housing Production Program Nothing in this Chapter shall be interpreted to modify or reduce the requirements of the City’s Affordable Housing Production Program, Chapter 9.64, including but not limited to, satisfaction of the affordable housing obligation set forth in Section 9.64.040.

Affordable housing units produced pursuant to the Affordable Housing Production Program that meet the requirements of this Chapter shall be counted towards eligibility for the density bonuses, incentives or concessions, and waivers or modifications of development standards set forth in this Chapter.

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SECTION 25. Current Santa Monica Municipal Code Section 9.22.030 is hereby renumbered as Section 9.22.050 and amended to read as set forth in Section 27 of this Ordinance; a new Section 9.22.030 is added to read as follows:

9.22.030 Definitions
As used in this Chapter:

A. “Affordable housing cost” means affordable housing cost as defined in Health and Safety Code Section 50052.5.

B. “Affordable rent” means affordable rent as defined in Health and Safety Code Section 50053.

C. “Childcare facility” means a child daycare facility other than a family day care, including, but not limited to, infant centers, preschools, extended daycare facilities and school age childcare centers.

D. “Common interest development” means common interest development as defined in Civil Code Section 4100.

E. “Concession or incentive” means any of the following:

1. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).

2. Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

3. Other regulatory incentives or concessions proposed by the developer or the city, county, or city and county that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).

F. “Density bonus” means a density increase over the otherwise maximum allowable gross residential density as of the date of application for first planning entitlement or permit, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.

G. “Development standard” means a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution or regulation.

H. “Housing development” means a development project for five or more residential units, including a mixed-use development. For purposes of this Chapter, DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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“housing development” also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code, that consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in Government Code Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units.

I. “Lower income households” means lower income households as defined by Health and Safety Code Section 50079.5.

J. “Major transit stop” shall mean a major transit stop as defined in Public Resources Code Section 21155(b).

K. “Maximum allowable residential density” means the density allowed under the Zoning Ordinance, Article IX of this Municipal Code (the “Zoning Ordinance”) and the Land Use and Circulation Element (LUCE), or, if a range of density is permitted, means the maximum allowable density for the specific zoning district, as set forth in Division 2 of the Zoning Ordinance, and the LUCE applicable to the project. If the density allowed under the Zoning Ordinance is inconsistent with the density allowed under the LUCE, the density provisions of the LUCE shall prevail.

L. “Moderate-income households” means moderate-income households as defined in Health and Safety Code Section 50053.

M. “Persons and families of moderate income” means persons and families of moderate income as defined in Health and Safety Code Section 50093.

N. “Very low income households” means very low income households as defined in Health and Safety Code Section 50105.

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SECTION 26. Current Santa Monica Municipal Code Section 9.22.040 is hereby renumbered as Section 9.22.060 and amended to read as set forth in Section 28 of this Ordinance; current Santa Monica Municipal Code Section 9.22.020 is hereby renumbered

9.22.040 and amended to read as follows:

9.22.040 Eligibility
A. Except as set forth in subsection 9.22.040(B), a housing development project in a residential district shall be eligible for a density bonus and additional incentives, concessions, waivers, and/or reductions of development standards and parking ratios as set forth in this Section.

1. The City will grant one density bonus, the amount of which shall be specified in Section 9.22.050, and, if requested by the applicant and consistent with the applicable requirements of this Chapter, incentives and concessions, as set forth in Section 9.22.060(A) and (B), waivers and reductions of development standards, as set forth in 9.22.070, and parking ratios, as described in 9.22.060(C), to the applicant of a housing development when the applicant seeks and agrees to construct a housing development project that will, excluding any units permitted by the density bonus awarded pursuant to this Chapter, contain at least any one of the following:
a. Ten (10) percent of the total units of the housing development for lower income households;
b. Five (5) percent of the total units of the housing development for very low income households;
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c. A senior citizen housing development as defined in Section

51.3 and 51.12 of the Civil Code or a qualifying mobile home park that limits residency based on age requirements for older persons pursuant to Section 798.76 or 799.5 of the Civil Code;
d. Ten (10) percent of the total units of a common interest development as restricted affordable units affordable to persons and families of moderate income, provided that all units in the development are offered to the public for purchase subject to the equity share and restrictions specified in Government Code Section 65915(c)(2);
e. Ten (10) percent of the total units of a housing development for transitional foster youth, as defined by Section 66025.9 of the Education Code, disabled veterans, as defined by Section 18541 of the Government Code, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.) affordable at the same level as very low income units;
f. Twenty (20) percent of the total units for lower income students in a student housing development that meets the requirements of Government Code Section 65915(b)(1)(F); or
g. One hundred (100) percent of the total units, exclusive of manager’s unit or units, for lower income households, except that up to 20 percent of the total units in the housing development may be for moderateincome households.

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2. Land donations. An applicant for a tentative subdivision map, parcel map, or other residential development approval that donates land to the City in accordance with Government Code Section 65915(g) shall be eligible for a density bonus in accordance with the terms and conditions of Government Code Section 65915(g).

3. Housing development with childcare facility. An applicant that proposes to construct a housing development that conforms to the requirements of subsection 1 above and that also includes a childcare facility that will be located on the premises of, as part of, or adjacent to the project shall be eligible for a density bonus in accordance with the terms and conditions of Government Code Section 65915(h).

B. Notwithstanding subsection 9.22.040(A), an applicant that submits an application for housing development, including a planning entitlement or permit, shall be ineligible for a density bonus or any other incentive or concession under this Chapter if the housing development is proposed on a property that includes a parcel or parcels that contains: (i) rental dwelling units that are, or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons or families of lower or very low income; (ii) rental units that are controlled rental units pursuant to City Charter Section 1800 et seq., subject to Civil Code 1947.12, or subject to any other form of State or local rent or price control; or (iii) units occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies:

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1. The proposed housing development, inclusive of the units replaced pursuant to this Section, contains affordable units at the percentages set forth in Section 9.22.050(B).

2. Each unit in the proposed housing development, exclusive of manager’s unit or units, is affordable to, and occupied by, either a lower or very low income household.

C. For the purposes of this Section, “replace” shall mean either of the following:

1. If any dwelling units described in this Section are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. If the income category of the persons in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. For unoccupied dwelling units described in subsection (A) in a development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category in the same proportion of affordability as the occupied units. If the income category of the persons in occupancy is not known, it shall be rebuttably DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. The replacement units shall be subject to a recorded affordability restriction for at least 55 years in accordance with subsection 9.22.050(D). If the proposed development is for-sale units, the units replaced shall be subject to Government Code Section 65915(c)(2).

2. If all dwelling units described in subsection 9.22.040(A) have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size as existed at the highpoint of those units in the five-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known.

If the incomes of the persons and families in occupancy at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these units in the same proportion of low-income and very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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be rounded up to the next whole number. The replacement units shall be subject to a recorded affordability restriction for at least 55 years in accordance with subsection 9.22.050(D). If the proposed development is for-sale units, the units replaced shall be subject to Government Code Section 65915(c)(2).

3. Notwithstanding paragraphs (1) and (2), for any dwelling unit described in subsection 9.22.040(A) that is or was, within the five-year period preceding the application, a controlled rental unit pursuant to City Charter Section 1800 et seq., a rental unit subject to Civil Code 1947.12, or a rental unit subject to any other form of State or local rent or price control, and that is or was occupied by persons or families above lower income the City may require that replacement units either:
a. Be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units shall be replaced subject to Government Code Section 65915(c)(2).
b. Be replaced in compliance with City Charter Article XIII, the City’s Rent Control Law, provided that each unit described in this subsection (3) is replaced. Unless otherwise required by the Rent Control Law, these units shall not be subject to a recorded affordability restriction.

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4. For purposes of this Section, “equivalent size” means that the replacement units contain at least the same total number of bedrooms as the units being replaced.

D. Notwithstanding subsection 9.22.040(A), a housing development project in any zoning district that will contain one hundred (100) percent of the total units, exclusive of manager’s unit or units, for lower income households, except that up to 20 percent of the total units in the housing development may be for moderate-income households, shall be eligible for any density bonus, incentive, concession, waiver or modification to which a housing development project described in Section 9.22.040(A)(1)(g) is entitled.

SECTION 27. Current Santa Monica Municipal Code Section 9.22.050 is hereby renumbered as Section 9.22.070 and amended to read as set forth in Section 29 of this Ordinance; current Santa Monica Municipal Code Section 9.22.030 is hereby renumbered

9.22.050 and amended to read as follows:

9.22.050 Density Bonus
A. An eligible applicant under Section 9.22.040 may seek a density bonus in the amounts set forth in this Section and in accordance with the procedures set forth in Section 9.22.080. Applicants may request a lesser percentage of density increase than that which is available for a housing development under this Section, including, but not limited to, no increase in density; however, the City shall not be required to similarly reduce the number of units required to be dedicated pursuant to this Section and Government Code Section 65915(b).

B. Determining Density Bonus. The number of density bonus units to be granted shall be determined as follows:

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1. For housing developments that meet the criteria of Subsection

9.22.040(A)(1)(a), the density bonus shall be calculated as follows:

2. For housing developments that meet the criteria of Subsection

9.22.040(A)(1)(b), the density bonus shall be calculated as follows:

Percentage Very Low Income Units Percentage Density Bonus 5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
Percentage Low-Income Units
Percentage Density
Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
17 30.5
18 32
19 33.5
20 35
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3. a. For housing developments that meet the criteria of Section

9.22.040(A)(1)(c), the density bonus shall be 20 percent of the number of senior housing units.
b. For housing developments that meet the criteria of Section

9.22.040(A)(1)(e), the density bonus shall be 20 percent of the number of the type of units giving rise to a density bonus under that paragraph. c. For housing developments that meet the criteria of Section

9.22.040(A)(1)(f), the density bonus shall be 35 percent of the student housing units.
d. For housing developments that meet the criteria of Section

9.22.040(A)(1)(g), the following shall apply:
i. Except as otherwise provided in clause (ii), the density bonus shall be 80% of the number of units for lower income households. ii. If the housing development is located within one-half mile of a major transit stop, there shall be no maximum control on density.

4. For housing developments that meet the criteria of Section 9.22.040 (A)(1)(d), the density bonus shall be calculated as follows:

Percentage Moderate-Income Units Percentage Density Bonus 10 5
11 6
12 7
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138
149
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
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39 34
40 35

5. An applicant for a tentative subdivision map, parcel map, or other residential development approval that donates land to the City in accordance with Government Code Section 65915(g) shall be entitled to a density bonus as provided by Government Code Section 65915(g).

C. Calculating Density Bonus.

1. For purposes of calculating the amount of the density bonus pursuant to subsection 9.22.050(B), a housing development is entitled to only one density bonus and an applicant who requests a density bonus must elect whether the bonus shall be awarded on the basis of Section 9.22.040(A)(1)(a), (b), (c), (d), (e), (f), or (g). Density bonuses from more than one category may not be combined.

2. All density calculations resulting in fractional units will be rounded up to the next whole number.

3. For purposes of subsection 9.22.050(B), “total units,” “total dwelling units,” or “total rental beds” does not include units added by a density bonus pursuant to this Section or any provision of this Municipal Code granting a greater density bonus
D. Continued Affordability. Prior to issuance of a building permit, an applicant shall agree to continued affordability of restricted affordable units in accordance with Government Code Section 65915(c) and Section 9.64.130 of this Code and the Administrative Guidelines adopted thereto.

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SECTION 28. Current Santa Monica Municipal Code Section 9.22.060 is renumbered as Section 9.22.080 and amended to read as set forth in Section 30 of this Ordinance; current Santa Monica Municipal Code Section 9.22.040 is hereby renumbered

9.22.060 and amended to read as follows:

9.22.060 Incentives and Concessions for Affordable Housing A. An eligible applicant under Section 9.22.040 may request the following numbers of incentives or concessions in accordance with the procedures set forth in Section 9.22.080:

1. One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least 5 percent for very low income households, or at least 10 percent for persons and families of moderate income in a common interest development.

2. Two incentives or concessions for projects that include at least 20 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a common interest development.

3. Three incentives or concessions for projects that include at least 30 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a common interest development.

4. Four incentives or concessions for projects meeting the criteria of Section 9.22.040(A)(1)(g). If the project is located within one-half mile of a major DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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transit stop, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.

B. A requested incentive or concession may include the following:

1. For Tier 1 housing developments in residential zones:
a. Up to a 15 percent deviation from one side setback
requirement;
b. Up to a 10 percent increase in first floor parcel coverage; c. Up to a 15 percent deviation from rear setback requirements.

2. For Tier 2 housing developments in residential zones that meet the requirements of 9.23.030(A) of this Code: one or more of the Tier 2 incentives set forth in Table 9.08.030.

C. By Right Parking Incentives. In addition to the above, an eligible applicant under Section 9.22.040 shall be entitled to the parking incentives set forth in Government Code Section 65915(p).

D. Nothing in this Section limits or requires the provision of direct financial incentives for a housing development, including the provision of publicly owned land by the City or the waiver of fees or dedication requirements.

SECTION 29. Current Santa Monica Municipal Code Section 9.22.050 is hereby renumbered 9.22.070 and amended to read as follows:

9.22.070 Waiver/Modification of Development Standards
A. An eligible applicant under Section 9.22.040 may in accordance with the procedures set forth in Section 9.22.080 seek a waiver or modification of any development standards that will have the effect of precluding the construction of a DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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housing development at the densities or with the concessions or incentives permitted by this Chapter. The eligible applicant shall show that any development standard requested to be waived or modified will have the effect of physically precluding the construction of the housing development at the densities or with the concessions or incentives permitted by this Chapter.

B. Except as provided in subsection 9.22.070(C), a proposal for the waiver or reduction of development standards pursuant to this Section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Section 9.22.060.

C. A housing development that receives a waiver from any maximum controls on density pursuant to paragraph 9.22.050(3)(d)(ii) shall not be eligible for, and shall not receive, a waiver or reduction of development standards pursuant to this subdivision, other than as expressly granted under paragraph 9.22.050(3)(d)(ii).

SECTION 30. Current Santa Monica Municipal Code Section 9.22.060 is hereby renumbered 9.22.080 and amended to read as follows:

9.22.080 Procedures
The following procedures shall govern the processing of a request for a density bonus, incentive, concession, waiver, modification, or revised parking standard:

A. An application for a density bonus incentive, concession, waiver, modification, or revised parking standard pursuant to this Chapter shall be submitted with the first application for approval of a housing development and processed concurrently with all other applications required for the housing development. The application shall be DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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submitted on a form prescribed by the City and shall include at least the following information:

1. Site plan showing total number of units, number and location of affordable housing units, and number and location of proposed density bonus units;

2. Target income of affordable housing units and proposals for ensuring affordability;

3. Description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards. For all incentives and concessions that are not included within the menu of incentives/concessions set forth in subsections (B) and (C) of Section 9.22.060, the application shall include a pro forma providing evidence that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions. The cost of reviewing any required pro forma or other financial data submitted as part of the application in support of a request for an incentive/concession or waiver/modification of developments standard, including, but not limited to, the cost to the City of hiring a consultant to review said financial data, shall be borne by the developer. The pro forma shall include all of the following items:
a. The actual cost reduction achieved though the incentive; b. Evidence that the cost reduction allows the applicant to provide affordable units or affordable sales prices; and DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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c. Other information requested by the Director. The Director may require any pro forma include information regarding capital costs, equity investment, debt service, projected revenues, operating expenses, and such other information as is required to evaluate the pro forma.

4. For any requested waiver of a development standard, the applicant shall provide evidence that the development standard for which the waiver is requested will have the effect of physically precluding the construction of the residential project with the density bonus incentives requested;

5. If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be donated provide proof of site control, and provide evidence that all of the requirements and each of the findings included in Government Code Section 65915(g) can be made; and

6. If a density bonus or concession is requested for a childcare facility, the application shall show the location and square footage of the childcare facilities and provide evidence that all of the requirements and each of the findings included in Government Code Section 65915(h) can be made.

B. In accordance with State law, neither the granting of a concession, incentive, waiver, or modification nor the granting of a density bonus shall be interpreted, in and of itself, to require a General Plan amendment, Zoning Ordinance, Variance, or other discretionary approval.

C. For housing developments requesting an incentive or concession pursuant to Section 9.22.060 or a waiver or modification pursuant to Section 9.22.070, the following shall apply:

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1. The Director shall grant the concession or incentive requested by the applicant unless the Director makes a written finding, based upon substantial evidence, of any of the following:
a. The incentive or concession does not result in identifiable and actual cost reductions to provide for affordable housing costs as defined in Section 50052.5 of the Health and Safety Code, or for rents for the affordable units; or
b. The concession or incentive will have a specific adverse impact upon public health and safety, or on the physical environment or on any real property that is listed in the California Register of Historic Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-income and moderate income households; or
c. The concession or incentive would be contrary to State or Federal law.

2. The Director shall grant the modification or waiver if the development standard will have the effect of physically precluding the construction of a housing development at the densities permitted under Section 9.22.050, or with the concessions or incentives permitted under Section 9.22.060. Notwithstanding the foregoing, the Director shall not be required to grant a modification or waiver if:
a. The waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1770 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 141
upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
b. The waiver or reduction would have an adverse impact on real property that is listed in the California Register of Historical Resources; c. The waiver or reduction would be contrary to state or federal law.

SECTION 31. Santa Monica Municipal Code Section 9.28.060 is hereby amended to read as follows:

9.28.060 Off-Street Parking
Off-street parking shall be provided in the quantities specified in Table 9.28.060, except as otherwise provided in this Chapter and Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units. If a proposed use is not listed in the table, the Director may determine appropriate parking requirements.

Table 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Citywide (Excluding
Parking Overlay Area 1,
Downtown Community
Plan Area, and Bergamot
Area Plan Area)
Parking Overlay Area 1
Downtown Community
Plan Area (maximum
parking allowed)
Residential Uses
Single-Unit Dwelling 2 spaces per dwelling unit
2 spaces per dwelling
unit, which may be
tandem
2 spaces per dwelling
unit
Accessory Dwelling Unit 1 space per dwelling unit 1 space per dwelling unit N/A Junior Accessory
Dwelling Unit

N/A N/A N/A
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1771 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 142
Table 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Citywide (Excluding
Parking Overlay Area 1,
Downtown Community
Plan Area, and Bergamot
Area Plan Area)
Parking Overlay Area 1
Downtown Community
Plan Area (maximum
parking allowed)
Duplex, Multiple-Unit
Dwelling
Market Rate Units:

Guest = 1 space per 5 units
Studio, no bedrooms = 1
space per unit
1 bedroom = 1.5 space per
unit
2 or more bedrooms = 2
spaces per unit

Deed Restricted Affordable
Units:

Studio, no bedrooms = 0.5
space per unit
1 bedroom = 0.75 space
per unit
2 or more bedrooms = 1
space per unit
Market Rate Units:

Guest = 1 space per 10
units
Studio, no bedrooms = 1
space per unit
1 bedroom = 1 space per
unit
2 or more bedrooms =

1.5 spaces per unit
Deed Restricted
Affordable Units:

Studio, no bedrooms =

0.5 space per unit
1 bedroom = 0.5 space
per dwelling unit
2 or more bedrooms = 1
space per dwelling unit
Market Rate Units:

Guest = 1 space per 15
units
Studio, no bedrooms =

0.5 space per unit
1 bedroom = 0.5 space
per unit
2 or more bedrooms = 1
space per unit

Deed Restricted
Affordable Units:

Guest = 1 space per 30
units
Studio, no bedrooms =

0.25 space per unit
1 bedroom = 0.25 space
per unit
2 or more bedrooms =

0.5 space per unit
Senior Citizen MultipleUnit Residential

0.5 spaces per unit
Guest = 1 space per 5 units
Low and moderate income
units = 0.25 spaces per unit

0.5 spaces per unit
Guest = 1 space per 6
units
Low and moderate
income units = 0.25
spaces per unit

0.5 spaces per unit
Guest = 1 space per 6
units
Low and moderate
income units = 0.25
spaces per unit
Single-Room Occupancy
Housing See Multiple-Unit Dwelling See Multiple-Unit Dwelling See Multiple-Unit
Dwelling
Group Residential 0.5 space per bed 0.5 space per bed 0.5 space per bed Congregate Housing 1 space per 5 beds 1 space per 5 beds 1 space per 5 beds Senior Group
Residential

0.5 spaces per unit
Guest = 1 space per 5 units
Deed restricted affordable =

0.25 spaces per unit

0.5 spaces per unit
Guest = none required
Deed restricted affordable
= 0.25 spaces per unit

0.5 spaces per unit
Guest = none required
Deed restricted
affordable = 0.25 spaces
per unit
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1772 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 143
Table 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Citywide (Excluding
Parking Overlay Area 1,
Downtown Community
Plan Area, and Bergamot
Area Plan Area)
Parking Overlay Area 1
Downtown Community
Plan Area (maximum
parking allowed)
Elderly and Long-Term
Care

0.5 space per bed plus one
visitor space per 5 beds 0.2 space per bed 0.2 space per bed Family Day Care
Large
None required other than
what is required for the
existing residence
None required other than
what is required for the
existing residence
None required other
than what is required for
the existing residence
Small
None required other than
what is required for the
existing residence
None required other than
what is required for the
existing residence
None required other
than what is required for
the existing residence
Residential Facilities
Residential Care,
General
If more than 6 residents =

0.5 space per bed plus 1
visitor space per 5 beds
If more than 6 residents =

0.5 space per bed plus 1
visitor space per 5 beds
If more than 6 residents
= 0.5 space per bed plus
1 visitor space per 5
beds
Residential Care,
Limited
None required other than
what is required for existing
residence
None required other than
what is required for
existing residence
None required other
than what is required for
existing residence
Residential Care, Senior
If more than 6 residents =

0.25 space per bed plus 1
visitor space per 5 beds
If less than 6 residents =
none other than what is
required for the existing
residence
If more than 6 residents =

0.25 space per bed plus 1
visitor space per 5 beds
If less than 6 residents =
none other than what is
required for the existing
residence
If more than 6 residents
= 0.25 space per bed
plus 1 visitor space per 5
beds
If less than 6 residents =
none other than what is
required for the existing
residence
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1773 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 144
Table 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Citywide (Excluding
Parking Overlay Area 1,
Downtown Community
Plan Area, and Bergamot
Area Plan Area)
Parking Overlay Area 1
Downtown Community
Plan Area (maximum
parking allowed)
Hospice, General
If more than 6 residents =

0.25 space per bed plus 1
visitor space per 5 beds
If less than 6 residents =
none other than what is
required for the existing
residence
If more than 6 residents =
1 space per 5 beds
If less than 6 residents =
none other than what is
required for the existing
residence
If more than 6 residents
= 1 space per 5 beds
If less than 6 residents =
none other than what is
required for the existing
residence
Hospice, Limited
None required other than
what is required for the
existing residence
None required other than
what is required for the
existing residence
None required other
than what is required for
the existing residence
Supportive Housing
If more than 6 residents =

0.5 space per bed plus 1
visitor space per 5 beds
If less than 6 residents =
none other than what is
required for the existing
residence
If more than 6 residents =
1 space per 5 beds
If less than 6 residents =
none other than what is
required for the existing
residence
If more than 6 residents
= 1 space per 5 beds
If less than 6 residents =
none other than what is
required for the existing
residence
Transitional Housing
None other than what is
required for residential type
None other than what is
required for residential
type
None other than what is
required for residential
type
Public and Semi-Public Uses
Adult Day Care 1 space per 500 sq. ft. 1 space per 500 sq. ft. 1 space per 500 sq. ft.

Child Care and Early
Education Facilities 1 space per 500 sq. ft. 1 space per 500 sq. ft. 1 space per 500 sq. ft.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1774 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 145
Table 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Citywide (Excluding
Parking Overlay Area 1,
Downtown Community
Plan Area, and Bergamot
Area Plan Area)
Parking Overlay Area 1
Downtown Community
Plan Area (maximum
parking allowed)
Colleges and Trade
Schools, Public or
Private
1 space per 80 sq. ft. of
assembly or classroom
area or 1 space per every 4
fixed seats, whichever is
greater
1 space per 100 sq. ft. of
assembly or classroom
area or 1 space per every
5 fixed seats, whichever
is greater
1 space per 100 sq. ft. of
assembly or classroom
area or 1 space per
every 5 fixed seats,
whichever is greater
Community Assembly 1 space for each 4 seats 1 space for each 6 seats 1 space for each 6 seats Cultural Facilities 1 space per 300 sq. ft. 1 space per 500 sq. ft. 1 space per 500 sq. ft.

Emergency Shelters 1 space per 10 beds 1 space per 10 beds 1 space per 10 beds Hospitals and Clinics 1 space per 250 sq. ft. 1 space per 250 sq. ft. 1 space per 250 sq. ft.

Schools, Public or
Private
Elementary and Middle
Schools:
2 spaces per classroom
High Schools:
5 spaces per classroom
Elementary and Middle
Schools:

1.75 spaces per
classroom
High Schools:
4 spaces per classroom
Elementary and Middle
Schools:

1.75 spaces per
classroom
High Schools:
4 spaces per classroom
Social Service Centers 1 space per 300 sq. ft. 1 space per 300 sq. ft. 1 space per 300 sq. ft.

Commercial Uses
Animal Care, Sales, and Services
Grooming and Pet
Stores See Retail Sales See Retail Sales See Retail Sales DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1775 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 146
Table 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Citywide (Excluding
Parking Overlay Area 1,
Downtown Community
Plan Area, and Bergamot
Area Plan Area)
Parking Overlay Area 1
Downtown Community
Plan Area (maximum
parking allowed)
Kennel 1 space per 1,000 sq. ft. 1 space per 1,000 sq. ft. 1 space per 1,000 sq. ft.

Pet Day Care Services 1 space per 500 sq. ft. 1 space per 1,000 sq. ft. 1 space per 1,000 sq. ft.

Veterinary Services See Medical Office See Medical Office See Medical Office Automobile/Vehicle Sales and Service
Alternative Fuels and
Recharging Facilities
2 spaces for self-service
station
1 space per 100 sq. ft. of
retail
2 spaces for self-service
station
1 space per 100 sq. ft. of
retail
2 spaces for self-service
station
1 space per 100 sq. ft. of
retail
Automobile Rental
1 space per 500 sq. ft.
1 space per 1,000 sq. ft. of
outdoor rental storage area
1 space per 500 sq. ft.
1 space per 1,000 sq. ft.
of outdoor rental storage
area
N/A
Automobile Storage
Uses 1 space 1 space --
Automobile/Vehicle
Sales and Leasing
1 space per 300 sq. ft. for
offices plus
1 space per 1,000 sq. ft. of
net new display area and
requirements for
automobile repair where
applicable
1 space per 300 sq. ft. for
offices plus
1 space per 1,000 sq. ft.
of net new display area
and requirements for
automobile repair where
applicable
1 space per 300 sq. ft.
for offices plus
1 space per 1,000 sq. ft.
of net new display area
and requirements for
automobile repair where
applicable
Automobile/Vehicle
Repair, Major and Minor
1 space per 500 sq. ft. of
non-service bay floor area
2 spaces per service bay
1 space per 500 sq. ft. of
non-service bay floor
area
2 spaces per service bay
1 space per 500 sq. ft. of
non-service bay floor
area
2 spaces per service bay
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1776 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 147
Table 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Citywide (Excluding
Parking Overlay Area 1,
Downtown Community
Plan Area, and Bergamot
Area Plan Area)
Parking Overlay Area 1
Downtown Community
Plan Area (maximum
parking allowed)
Automobile/Vehicle
Washing
2 spaces for each washing
stall, not including the stall
2 spaces for each
washing stall, not
including the stall
2 spaces for each
washing stall, not
including the stall
Service Station
2 spaces if self-service
station
1 space per 100 sq. ft. of
retail
Must follow requirements
for repair where applicable
2 spaces if self-service
station
1 space per 100 sq. ft. of
retail
Must follow requirements
for repair where
applicable
2 spaces if self-service
station
1 space per 100 sq. ft. of
retail
Must follow
requirements for repair
where applicable
Banks and Financial Institutions
Banks and Credit Unions
See Business,
Professional, and Creative
Office
See Business,
Professional, and
Creative Office
1 space per 300 sq. ft.

Check Cashing
Businesses
See Business,
Professional, and Creative
Office
See Business,
Professional, and
Creative Office
N/A
Business Services
See Business,
Professional, and Creative
Office
See Business,
Professional, and
Creative Office
See Business,
Professional, and
Creative Office
Commercial Entertainment and Recreation
Cinemas 1 space per 4 seats 1 space per 4 seats
Up to 99 seats = 1
space for every 8 fixed
seats
> 99 seats = 1 space for
every 5 fixed seats
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1777 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 148
Table 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Citywide (Excluding
Parking Overlay Area 1,
Downtown Community
Plan Area, and Bergamot
Area Plan Area)
Parking Overlay Area 1
Downtown Community
Plan Area (maximum
parking allowed)
Theaters 1 space per 4 seats 1 space per 4 seats See Cinemas Convention and
Conference Centers 1 space per 80 sq. ft. 1 space per 100 sq. ft. 1 space per 100 sq. ft.

Large-Scale Facilities 1 space per 80 sq. ft. 1 space per 100 sq. ft. 1 space per 100 sq. ft.

Small-Scale Facilities,
less than 1,500 sq. ft. 1 space per 300 sq. ft. 1 space per 300 sq. ft. 1 space per 500 sq. ft.

Small-Scale Facilities,
1,500 sq. ft. and more 1 space per 80 sq. ft. 1 space per 100 sq. ft. 1 space per 500 sq. ft.

Instructional Services See Retail Sales See Retail Sales See Retail Sales Eating and Drinking Establishments
Bars/Nightclubs/
Lounges 1 space per 50 sq. ft. 1 space per 50 sq. ft. 1 space per 500 sq. ft.

Restaurants, less
than 2,500 sq. ft. 1 space per 300 sq. ft. 1 space per 500 sq. ft. 1 space per 500 sq. ft.

Restaurants, 2,500 –
5,000 sq. ft. 1 space per 200 sq. ft. 1 space per 200 sq. ft. 1 space per 500 sq. ft.

Restaurants, 5,000+
sq. ft. 1 space per 125 sq. ft. 1 space per 125 sq. ft. 1 space per 300 sq. ft.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1778 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 149
Table 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Citywide (Excluding
Parking Overlay Area 1,
Downtown Community
Plan Area, and Bergamot
Area Plan Area)
Parking Overlay Area 1
Downtown Community
Plan Area (maximum
parking allowed)
Restaurant Outdoor
Eating Areas, less
than 200 sq. ft.

None None None
Restaurant Outdoor
Eating Areas, 200
sq. ft. and more
Same as required for
restaurant type
Same as required for
restaurant type
Outdoor eating areas
less than 500 sq. ft. = no
additional parking.

Outdoor eating areas
500 sq. ft. and more =
same as required for
restaurant type.

Equipment Rental See Retail Sales See Retail Sales See Retail Sales Food and Beverage Sales
Convenience Market See Retail Sales See Retail Sales See General Market General Market, less
than 2,500 sq. ft. 1 space per 300 sq. ft. 1 space per 500 sq. ft. 1 space per 500 sq. ft.

General Market,
2,500 – 5,000 sq. ft. 1 space per 250 sq. ft. 1 space per 300 sq. ft. 1 space per 500 sq. ft.

General Market,
5,000+ sq. ft. 1 space per 250 sq. ft. 1 space per 300 sq. ft. 1 space per 300 sq. ft.

Liquor Stores See Retail Sales See Retail Sales See General Market DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1779 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 150
Table 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Citywide (Excluding
Parking Overlay Area 1,
Downtown Community
Plan Area, and Bergamot
Area Plan Area)
Parking Overlay Area 1
Downtown Community
Plan Area (maximum
parking allowed)
Funeral Parlors and
Mortuaries
1 space per 80 sq. ft. or 1
space per 4 seats,
whichever is higher
1 space per 100 sq. ft. or
1 space per 6 seats,
whichever is higher
1 space per 100 sq. ft. or
1 space per 6 seats,
whichever is higher
Live-Work
1 space per unit plus
1 guest space per unit
1 space per unit plus
1 guest space per unit 1 space per 500 sq. ft.

Lodging
Bed and Breakfast
1 space per room plus
parking required for
dwelling unit
1 space per room 1 space per room
Hotels and Motels
1 space per room plus 1
space per 200 sq. ft. of
meeting and banquet
space

0.75 spaces per room
plus 1 space per 250 sq.
ft. of meeting and
banquet space

0.5 spaces per guest
room plus 1 space for
each 250 sq. ft. used for
meetings and banquets.

Other uses such as
bars, restaurants, retail
and services which are
open to the general
public shall provide
parking as required for
the use at a rate 1/2 the
individual use
Maintenance and
Repair Services
See Retail Sales See Retail Sales See Retail sales
Nurseries and
Garden Centers
Interior spaces see Retail
Sales, plus
1 space per 1,000 sq. ft. of
outdoor display and
storage area
Interior space see Retail
Sales, plus
1 space per 1,000 sq. ft.
of outdoor display and
storage area
Interior space see Retail
Sales, plus
1 space per 1,000 sq. ft.
of outdoor display and
storage area
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1780 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 151
Table 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Citywide (Excluding
Parking Overlay Area 1,
Downtown Community
Plan Area, and Bergamot
Area Plan Area)
Parking Overlay Area 1
Downtown Community
Plan Area (maximum
parking allowed)
Offices
Business,
Professional,
Creative, less than
2,500 sq. ft.
1 space per 300 sq. ft. 1 space per 500 sq. ft. 1 space per 500 sq. ft Business,
Professional,
Creative, 2,500+ sq.
ft.
1 space per 300 sq. ft. 1 space per 450 sq. ft. 1 space per 500 sq. ft Medical and Dental,
less than 1,000 sq.
ft.
1 space per 300 sq. ft. 1 space per 300 sq. ft. 1 space per 300 sq. ft Medical and Dental,
1,000+ sq. ft. 1 space per 250 sq. ft. 1 space per 250 sq. ft. 1 space per 300 sq. ft Walk-In Clientele
See Business,
Professional, and Creative
Office
See Business,
Professional, and
Creative Office
See Business,
Professional, and
Creative Office
Personal Services
General Personal
Services
See Retail Sales See Retail Sales See Retail Sales
Tattoo or Body
Modification Parlor
See Retail Sales See Retail Sales See Retail Sales
Physical Training See Retail Sales See Retail Sales See Retail Sales Retail Sales
Retail, less than
2,500 sq. ft. 1 space per 300 sq. ft. 1 space per 500 sq. ft. 1 space per 500 sq. ft.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1781 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 152
Table 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Citywide (Excluding
Parking Overlay Area 1,
Downtown Community
Plan Area, and Bergamot
Area Plan Area)
Parking Overlay Area 1
Downtown Community
Plan Area (maximum
parking allowed)
Retail, 2,500 – 5,000
sq. ft. 1 space per 300 sq. ft. 1 space per 300 sq. ft. 1 space per 500 sq. ft.

Retail, 5,000 sq. ft.
or more
1 space per 300 sq. ft. 1 space per 300 sq. ft. 1 space per 300 sq. ft.

Industrial Uses
Artist’s Studio 1 space per 400 sq. ft. 1 space per 400 sq. ft. 1 space per 1,000 sq. ft.

Commercial Kitchens 1 space per 300 sq. ft. 1 space per 300 sq. ft. 1 space per 300 sq. ft.

Industry, General 1 space per 400 sq. ft. 1 space per 400 sq. ft. N/A Industry, Limited 1 space per 400 sq. ft. 1 space per 1,000 sq. ft. N/A Media Production
1 space per 400 sq. ft. of
studio space
1 space per 300 sq. ft. of
editing space
1 space per 300 sq. ft. of
administrative space
1 space per 400 sq. ft. 1 space per 500 sq. ft.

Research and
Development 1 space per 300 sq. ft. 1 space per 1,000 sq. ft. N/A Warehousing, Storage, and Distribution
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1782 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 153
Table 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Citywide (Excluding
Parking Overlay Area 1,
Downtown Community
Plan Area, and Bergamot
Area Plan Area)
Parking Overlay Area 1
Downtown Community
Plan Area (maximum
parking allowed)
Indoor Warehousing
and Storage 1 space per 1,000 sq. ft. 1 space per 1,000 sq. ft. N/A Personal Storage 1 space per 4,000 sq. ft. 1 space per 4,000 sq. ft. N/A Wholesaling and
Distribution 1 space per 1,000 sq. ft. 1 space per 1,000 sq. ft. N/A SECTION 32. Santa Monica Municipal Code Section 9.31.300 is hereby renumbered 9.31.025 and amended to read as follows:

9.31.025 Accessory Dwelling Units and Junior Accessory Dwelling Units Notwithstanding the accessory structure standards of Section 9.21.020, accessory dwelling units and junior accessory dwelling units shall be developed, located, and operated in accordance with the following standards.

A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units and junior accessory dwelling units in compliance with California Government Code sections 65852.2 and 65852.22 and, in doing so, to increase the supply of affordable housing in the City. This section shall not be considered in the application of any City ordinance, policy, or program to limit residential growth.

B. Accessory Dwelling Unit. Accessory dwelling unit (ADU) means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and that is located on a parcel with a proposed or DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
Packet Pg. 1783 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 154
existing primary single-unit or multi-unit dwelling. An ADU shall contain a kitchen and full bathroom separate from the primary dwelling(s) and accessible only to the inhabitants of the ADU. An ADU shall not have interior access to an existing or proposed single-unit dwelling or unit within a multiple-unit dwelling and shall have exterior access that is independent of that for any single-unit dwelling or unit within a multiple-unit dwelling. An ADU may also be: (1) an efficiency unit, as defined in Section 17958.1(b) of the Health and Safety Code; or (2) a manufactured home, as defined in Section 18007 of the Health and Safety Code. An ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary single-unit or multiple-unit dwelling is or will be situated.

C. Junior Accessory Dwelling Unit. Junior accessory dwelling unit (JADU) means a dwelling unit that is no more than 500 square feet in size and is contained entirely within an existing or proposed single-unit dwelling. A JADU shall include a separate entrance from the main entrance to the proposed or existing single-unit dwelling, but may also provide internal access, and shall include an efficiency kitchen, which shall include (1) a cooking facility with appliances and (2) a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure. For purposes of providing service for water, sewer, or power, or for fire or life protection, a JADU shall not be considered a separate or new dwelling unit.

D. ADU and JADU Uses Permitted By Right. An ADU or JADU that conforms to all standards of this Section shall be permitted by right, shall be deemed to be consistent with the City’s general plan and zoning designation for the parcel on which the DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

7.C.e
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ADU or JADU is located, and shall be deemed to meet the allowable density for the parcel on which the ADU or JADU is located.

E. Procedures. If an ADU or JADU complies with the requirements of this Chapter, development is by right and only a building permit is required. Correction of nonconforming zoning conditions will not be required as a condition of approval, except that the City is not prohibited from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12. An application to create an ADU or JADU submitted with a permit application to create a new dwelling on the parcel shall be acted upon when or before the application for the new dwelling is acted upon. An application to establish or construct an ADU or JADU on a parcel that contains an existing single-unit or multiple-unit dwelling shall be deemed complete if not acted on within 60 days from the date that the application is complete, except that the applicant may request a delay and the 60-day time period shall be tolled for the period of the delay.

F. Establishment of ADUs and JADUs. An ADU or JADU that meets the requirements of this Section may be established on any legal parcel that is zoned to allow for single-unit or multiple-unit dwelling residential use and on which a primary single-unit dwelling or multiple-unit dwelling has been previously established or is proposed to be established in conjunction with construction of the ADU or JADU. Except as set forth in subsection (G) below, no more than one ADU and one JADU is permitted per parcel.

G. Permitted ADUs and JADUs. Subject to the requirements set forth in this Section, the following ADUs and JADUs shall be permitted as follows:

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1. Parcel with Single-Unit Dwelling. One ADU or one JADU may be constructed or established on any parcel on which a single-unit dwelling has been previously established or is proposed to be constructed, except that one detached ADU permitted under subsection (b) below and one JADU permitted under subsection (c) below may be established or constructed and located on the same parcel.
a. Attached ADUs. One attached ADU may be established or constructed in conjunction with an existing or proposed single-unit dwelling as follows:
i. An attached ADU may be newly constructed as an addition to an existing single-unit dwelling;
ii. An attached ADU may be established within the footprint of a proposed single-unit dwelling; or
iii. An attached ADU may be established by converting floor area of an existing single-unit dwelling.
b. Detached ADU. One detached ADU may be constructed or established in conjunction with an existing or proposed single-unit dwelling as follows:
i. A detached ADU may be newly constructed; or
ii. A detached ADU may be established by converting floor area of a legal existing detached accessory structure.
c. JADU. One JADU may be constructed or established in
conjunction with an existing or proposed single-unit dwelling as follows:

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i. A JADU may be established within the footprint of a proposed single-unit dwelling; or
ii. A JADU may be established by converting floor area of an existing single-unit dwelling.

2. Parcel with Existing Multiple-Unit Dwellings. One or more ADUs may be permitted on a parcel with an existing multiple-unit dwelling as set forth in this subsection. ADUs permitted under paragraphs (a) and (b) below may be located on the same parcel.
a. Conversion of Existing Multiple-Unit Dwelling Footprint to ADU(s). At least one ADU, or up to 25 percent of the existing multipleunit dwelling total unit count, whichever is greater, may be established or constructed by converting floor area within an existing multiple-unit dwelling.
b. Detached ADUs on Multiple-Unit Parcel. No more than two detached ADUs may be established or constructed.

H. Permitted Locations for Newly Constructed ADUs and JADUs. Newlyconstructed ADUs and JADUs shall be located on a parcel as set forth in this subsection and subject to all applicable setback requirements set forth in subsection (L) below.

1. Parcels with Single-Unit Dwellings.
a. An attached ADU or JADU may be located either in the front or rear half of the parcel.
b. A detached ADU shall be located on the rear half of a parcel.

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c. A detached ADU shall be located a minimum of six feet from the existing single-unit dwelling, as measured between exterior walls. d. On a reverse corner parcel, an ADU or JADU shall not be located nearer to the street side parcel line of such corner parcel than one half of the front setback depth required on the key parcel, nor be located nearer than 4 feet to the side parcel line of any key parcel. e. On a through parcel, an ADU or JADU shall not project into any front setback except as provided under subsection (K) below. Pursuant to Section 9.04.110(B), the front setback borders the street primarily used as frontage by the majority of neighboring parcels.

2. Parcels with Multiple-Unit Dwellings.
a. A detached ADU may be located either in the front or rear half of the parcel, but shall be a minimum of six (6) feet from existing multipleunit dwelling(s), as measured between exterior walls. b. On a reverse corner parcel, an ADU or JADU shall not be located nearer to the street side parcel line of such corner parcel than one half of the front setback depth required on the key parcel, nor be located nearer than 4 feet to the side parcel line of any key parcel. c. On a through parcel, an ADU or JADU shall not project into any front setback except as provided under subsection (L) below. Pursuant to Section 9.04.110(B), the front setback borders the street primarily used as frontage by the majority of neighboring parcels.

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I. Standards for ADUs and JADUs Established by Converting Floor Area of Legal Existing Structures. ADUs and JADUs established by converting floor area of legal existing structures shall adhere to the following standards set forth in this subsection and subject to all applicable setback requirements set forth in subsection (L) below.

1. Parcel with Single-Unit Dwelling.
a. Attached ADU.
i. An ADU that is established by converting floor area of an existing single-unit dwelling that is located in the front setback may only expand the footprint of the single-unit dwelling up to 150 square feet into the front setback to accommodate ingress and egress. An ADU that is established by converting floor area of an existing single-unit dwelling that is not located within the front setback may expand the footprint beyond 150 square feet up to the total size permitted under subsection (J) below.
b. Detached ADU.
i. An ADU may be established by converting floor area within a legal existing accessory structure or by reconstructing the ADU in the same location and to the same dimensions as the original structure. ii. An ADU that is established by converting floor area of a legal existing accessory structure may expand the footprint of the existing accessory structure if the addition or enlargement is made to conform to all standards set forth in this Section and is a minimum of six feet from the existing single-unit dwelling, as measured between exterior walls.

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iii. An ADU that is established by converting floor area of a legal existing accessory structures located in the front setback may only expand the footprint up to 150 square feet into the front setback to accommodate ingress and egress.
c. JADU.
i. A JADU that is constructed or established by converting floor area of an existing single-unit dwelling may only expand the footprint up to 150 square feet to accommodate ingress and egress, but in no case shall such expansion result in a JADU that exceeds 500 square feet.

2. Parcel with Multiple-Unit Dwelling.
a. Conversion of Existing Multiple-Unit Dwelling Footprint to ADU(s). At least one ADU, or up to 25 percent of the existing multipleunit dwelling total unit count, whichever is greater, may be established within portions of existing multiple-unit dwellings that are not used as livable space and are enclosed on at least three sides, such as storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. No additions to or enlargements of the footprint of the existing multiple unit dwelling shall be permitted to establish or construct ADUs in accordance with this paragraph.

J. Size. The following unit size limits apply to ADUs and JADUs:

1. The minimum size of an ADU or JADU is 220 square feet of floor area.

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2. The maximum size of a detached or attached studio or one-bedroom ADU is 850 square feet of floor area.

3. The maximum size of a detached or attached ADU with more than one-bedroom is:
a. 1,000 square feet of floor area for parcels of less than 10,000 square feet; and
b. 1,200 square feet for parcels of 10,000 square feet or greater.

4. The floor area of an attached ADU shall not exceed 50 percent of the floor area of the primary dwelling.

5. The maximum size of a JADU is 500 square feet of floor area.

K. ADUs and JADUs Exempt from Floor Area and Parcel Coverage.

1. Floor area does not include ADUs and JADUs established in accordance with this Section. See Section 9.04.080, Determining Floor Area.

2. Areas covered by or directly below ADUs and JADUs established in accordance with this Section shall be excluded from the footprint area for purposes of determining parcel coverage. See Section 9.04.100, Determining Residential Parcel Coverage.

L. Setbacks. An ADU or JADU shall adhere to the following setback requirements:

1. An ADU or JADU shall not be permitted within the front setback, however, when converting floor area within an existing single-unit dwelling or a legal accessory structure located in the front setback, an ADU or JADU may expand the footprint of said structure up to 150 square feet to only accommodate DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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ingress and egress as set forth in subsections (I)(1)(a)(i), (I)(1)(b)(iii), and (I)(1)(c) above.

2. Side and rear setbacks of four (4) feet are required for an ADU or JADU, except that:
a. An ADU or JADU constructed or established pursuant to paragraph (G)(1)(a)(ii), (G)(1)(a)(iii), (G)(1)(b)(ii), or (G)(1)(c) above shall be subject to side and rear setbacks only as required for fire and safety if the ADU or JADU meets the following requirements:
i. The ADU or JADU is within the proposed space of a
single-unit dwelling or existing space of a single-unit dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure for purposes of accommodating ingress and egress;
ii. The space has exterior access from the proposed or
existing single-family dwelling; and
iii. The JADU complies with the requirements of
Government Code Section 65852.22.
b. No side or rear setback shall be required for an ADU or JADU constructed or established pursuant to paragraph (G)(1)(b)(ii) above. c. An ADU or JADU may have a side and/or rear setback
equivalent to the primary dwelling(s) if the primary dwelling(s) are permitted to have a side and/or rear setback of less than four (4) feet.

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M. Height. An attached ADU or JADU shall comply with the height limitations for the primary dwelling unit to which it is attached. A detached ADU shall not exceed two stories or 24 feet in height.

N. Design Standards and Exterior Features. The exterior design of an ADU or JADU, including building forms, materials, colors, exterior finishes, and landscaping, shall be compatible in size, location, and appearance with the primary single-unit dwelling or multiple-unit dwelling on the parcel and shall adhere to the following:

1. ADUs and JADUs are required to have independent exterior access separate from the primary dwelling unit(s).

2. Within the R1 District, an attached ADU or JADU located entirely or partially on the second story of a single-unit dwelling shall comply with all applicable stepback requirements set forth in 9.07.030.

3. Upper-story outdoor spaces for attached ADUs and JADUs, such as first-story roof decks, landings, upper level walkways, and balconies, shall conform to all standards set forth for the primary dwelling unit(s).

4. Upper-story outdoor spaces for detached ADUs, such as first-story roof decks, landings, upper level walkways, and balconies, shall not exceed an aggregate 35 square feet when located in the Single-Unit Residential (R1) District or 60 square feet per ADU in all other districts, and shall adhere to the following restrictions:
i. Upper-story outdoor spaces shall not be located on the side elevation closest to a side parcel line, unless that side parcel line is adjacent to a public right-of-way or alley;
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ii. Upper-story outdoor spaces shall not be located on the rear elevation unless the ADU is located outside the rear setback area of the primary dwelling unit(s);
iii. When located on a permitted elevation, upper-story outdoor spaces shall be set back from the side parcel line the same distance as the minimum side setback requirement for the principal dwelling unit(s) on the parcel and shall be a minimum 5’ from the rear parcel line. iv. Roof decks above the second story are prohibited.

O. Application of Generally Applicable Municipal Code Provisions.

Except as set forth in this Section, an ADU or JADU shall conform to the height, setbacks, parcel coverage, floor area, and other land use regulations and development standards of the district in which it is located and all other applicable provisions of this Municipal Code, including but not limited to the provisions of Article VIII, Building Regulations, and the provisions of Chapter 9.56, Landmarks and Historic Districts.

P. Exemption. Notwithstanding anything set forth herein, the development and design standards set forth in this Section shall not preclude the establishment of a detached or attached ADU with a floor area of up to 800 square feet, side and rear setbacks of at least four (4) feet, and a height of no more than 16 feet.

Q. Parking.

1. Required Parking. One on-site parking space, which may be unenclosed, shall be provided for an ADU. This space shall comply with all development standards set forth in Chapter 9.28, Parking, Loading, and Circulation, and the requirements for the district in which the ADU is located. A DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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tandem parking space may also be used to meet the parking requirement for the accessory dwelling unit and may be provided on an existing driveway. Parking shall not be required for a JADU.

2. Exemptions. Notwithstanding any other parking required by this Section or Chapter 9.28 of this Article, no parking space shall be required for an ADU in any of the following circumstances:
a. The ADU is located within one-half mile walking distance of public transit, as defined by Government Code Section 65852.2(j)(10); b. The ADU is an individually designated historic resource or is located within an architecturally and historically significant historic district; c. The ADU is part of the existing or a proposed primary residence or an existing accessory structure;
d. An on-street parking permit is required but not offered to the occupant of the ADU; or
e. A car share vehicle is located within one block of the ADU.

3. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the eliminated off-street parking spaces are not required to be replaced.

R. Owner-Occupancy Requirement.

1. An ADU is not subject to an owner-occupancy requirement.

2. A JADU is subject to an owner-occupancy requirement, except that a JADU that is owned by a governmental agency, land trust, or housing organization is not subject to this requirement. With respect to a JADU that is DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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subject to an owner-occupancy requirement, a natural person with legal or equitable title to the property that includes the JADU must reside on the property as the person’s legal domicile and permanent residence.

S. Lease Terms. An ADU or JADU shall be subject to any restrictions or requirements for lease terms that apply to all residential dwelling units in the City. In addition, an ADU or JADU shall not be used for rentals of terms of 30 days or less.

T. Limitations on Separate Sale. No ADU or JADU may be sold or otherwise conveyed separately from the parcel and the primary dwelling (in the case of a single-unit dwelling) or from the parcel and all of the dwellings (in the case of a multiple-unit dwelling).

U. JADU Deed Restriction. Prior to issuance of a building permit for a JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction shall run with the land and bind all future owners. The form of the deed restriction shall be provided by the Director and shall provide that:

1. The JADU may not be sold separately from the primary dwelling associated with the ADU or JADU.

2. The JADU is restricted to the approved size and to other attributes allowed by this section.

3. The deed restriction runs with the land and may be enforced against future property owners.

4. The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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providing evidence that the JADU has in fact been eliminated. Any building permits required in the removal must be approved by the Director’s determination. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of a JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

5. The deed restriction is enforceable by the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

SECTION 33. Santa Monica Municipal Code Section 9.31.140 is hereby amended to read as follows:

9.31.140 Family Day Care, Large
The purpose of these standards is, consistent with Sections 1596.70-1596.7996 of the Health and Safety Code, to allow Large Family Day Cares in residential surroundings to give children a home environment that is conducive to healthy and safe development. The following standards shall apply to Large Family Day Cares.

A. Structures. A Large Family Day Care shall conform to all property development standards of the Zoning District in which it is located unless otherwise provided in this Section.

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B. Noise. The operation of a Large Family Day Care shall comply with noise standards contained in Chapter 4.12, Noise, of the Municipal Code. Noise from the operation of any Large Family Day Care may not exceed that which is customary in residential neighborhoods during daytime hours. Prolonged and abnormally loud noises shall not be considered customary, while the periodic sounds of small groups of children at play shall be considered customary in residential neighborhoods from 8:00 a.m. until 9:00 p.m.

C. Hours of Operation. Large Family Day Cares shall not be limited in hours or days of operation.

D. On-Site Parking. On-site parking for Large Family Day Cares shall not be required except for that required for the residential building in accordance with Chapter

9.28, Parking, Loading, and Circulation.

E. Passenger Loading. Curbside loading shall be presumed adequate for drop-off and pick-up of children. A passenger loading plan shall be required in accordance with Section 9.28.080(C) subject to the approval of the Director.

F. Lighting. Lighting must conform to Section 9.21.080, Lighting. In addition, passenger loading areas may be illuminated. If a passenger loading area is illuminated, the lighting shall be directed away from adjacent properties and of an intensity compatible with the residential neighborhood.

G. Screening of Outdoor Play Areas. Fences shall comply with Section

9.21.050, Fences, Walls, and Hedges.

H. Residency. The operator of a Large Family Day Care must be a full-time resident of the dwelling unit in which the day care is located.

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I. State and Other Licensing. All Large Family Day Cares shall be State licensed and operated according to all applicable State and local regulations.

SECTION 34. Santa Monica Municipal Code Section 9.51.020 is hereby amended to read as follows:

9.51.020 Residential Use Classifications
A. Residential Use Classifications

1. Residential Types
a. Single-Unit Dwelling. A dwelling unit that is designed for occupancy by one household, located on a single parcel that does not contain any other dwelling unit (except an accessory dwelling unit, where permitted), and not attached to another dwelling unit on an abutting parcel.

This classification includes individual manufactured housing units installed on a foundation system pursuant to Section 18551 of the California Health and Safety Code.
b. Accessory Dwelling Unit. An attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and that is located on a parcel with a proposed or existing primary single-unit or multiple-unit dwelling. See Division 3, Section

9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units, for further details.
c. Duplex. A single building that contains 2 dwelling units or 2 single unit dwellings on a single parcel. This use is distinguished from accessory dwelling units and junior accessory dwelling units, which are DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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accessory residential units as defined by State law and Division 3, Section

9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units. d. Multiple-Unit Dwelling. Two or more dwelling units within a single building or within two or more buildings on a site or parcel. Types of multiple-unit dwellings include garden apartments, senior housing developments, and multi-story apartment and condominium buildings. This classification includes transitional housing in a multiple-unit format. The classification is distinguished from group residential facilities. i. Senior Citizen Multiple-Unit Residential. A multiple-unit development in which occupancy of individual units is restricted to one or more persons 62 years of age or older, or a person at least 55 years of age who meets the qualifications found in Civil Code Section 51.3. ii. Single-Room Occupancy Housing. Multiple-unit residential buildings containing housing units that may have kitchen and/or bathroom facilities and are guest rooms or efficiency units as defined by the State Health and Safety Code. Each housing unit is occupied by no more than two persons and is offered on a monthly rental basis or longer. See Division 3, Section 9.31.330, Single Room Occupancy Structures, for further details.
iii. Single-Room Occupancy Housing, Market-Rate. Multiple-unit residential buildings containing housing units that may have kitchen and/or bathroom facilities and are guest rooms or efficiency units as defined by the State Health and Safety Code. Each housing unit is DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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occupied by no more than two persons and is offered on a monthly rental basis or longer. Single-Room Occupancy Housing, Market-Rate shall not include any of the following:

1. 100% Affordable Housing Project, as set forth in Section

9.52.020.0050;

2. Elderly and Long-Term Care, as set forth in subsection (A)(3);

3. Emergency Shelter, as set forth in subsection (A)(4);

4. Residential Facility, as set forth in subsection (A)(7);

5. Supportive Housing, as set forth in subsection (A)(8); or

6. Transitional Housing, as set forth in subsection (A)(9). e. Group Residential. Shared living quarters without a separate kitchen or bathroom facilities wherein two or more rooms are rented to individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent or rental manager is in residence, offered for rent for permanent or semi-transient residents for periods generally of at least 30 days. This classification includes rooming and boarding houses, dormitories, fraternities, convents, monasteries, and other types of organizational housing, and private residential clubs, but excludes extended stay hotels intended for long-term occupancy (30 days or more; see Hotel and Motel), and Residential Facilities. Group Residential includes but is not limited to the following:
i. Congregate Housing. A residential facility with shared kitchen facilities, deed-restricted or restricted by an agreement approved by DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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the City for occupancy by low- or moderate-income households, designed for occupancy for periods of 6 months or longer, providing services that may include meals, housekeeping and personal care assistance as well as common areas for residents of the facility. See Division 3, Section 9.31.110, Congregate and Transitional Housing, for further details.
ii. Senior Group Residential. A residential facility that provides residence for a group of senior citizens [as defined in Health and Safety Code Section 1569.2(k)] with a central kitchen and dining facilities and a separate bedroom or private living quarters. See Division 3, Section 9.31.310, Senior Group Residential, for further details.
f. Junior Accessory Dwelling Unit. A dwelling unit that is no more than 500 square feet in size and is contained entirely within an existing or proposed single-unit dwelling. See Division 3, Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units, for further details.

2. Corporate Housing. Rental housing which has all the following attributes:
a. The housing is designed for use by individuals who will reside on the property for a minimum stay of at least 30 consecutive days, but who otherwise intend their occupancy to be temporary.
b. The housing is intended for use by persons who will maintain or obtain a permanent place of residence elsewhere.

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c. The housing includes 2 or more of the following amenities:
i. Maid and linen service.
ii. Health club, spa, pool, tennis courts, or memberships to area facilities.
iii. Business service centers.
iv. Meeting rooms.
v. Fully furnished units including a combination of some but not necessarily all of the following: furniture, appliances, housewares, bed linens, towels, artwork, televisions, entertainment systems, and computer equipment.
vi. Valet parking.

3. Elderly and Long-Term Care. Establishments that provide 24-hour medical, convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves, and is licensed as a skilled nursing facility by the State of California, including, but not limited to, rest homes, nursing homes, and convalescent hospitals, but not Residential Care, Hospitals or Clinics.

4. Emergency Shelter. A temporary, short-term residence providing housing with minimal supportive services for homeless families or individual persons where occupancy is limited to 6 months or less, as defined in Section 50801 of the California Health and Safety Code. Medical assistance, counseling, and meals may be provided. See Division 3, Section 9.31.130, Emergency Shelters, for further details.

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5. Family Day Care. A day-care facility licensed by the State of California that is located in a dwelling unit where a resident of the dwelling provides care and supervision for children under the age of 18 for periods of less than 24 hours a day.
a. Small. A facility that provides care for up to 6 children including children who reside at the home and are under the age of 10, or up to 8 children in accordance with Health and Safety Code Section 1597.44, or any successor thereto.
b. Large. A facility that provides care for up to 12 children, including children who reside at the home and are under the age of 10, or up to 14 children in accordance with Health and Safety Code Sectoin 1597.465, or any successor thereto. See Division 3, Section 9.31.140, Family Day Care, Large, for further details.

6. Mobile Home Park. Any area or tract of land where two or more lots are rented, leased, or held out for rent or lease, to accommodate mobile homes used for human habitation in accordance with Health and Safety Code Section 18214, or any successor thereto.

7. Residential Facility. Facilities that provide permanent living accommodations and 24-hour primarily non-medical care and supervision for persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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those operated by public or not-for-profit institutions, including group homes for minors, persons with disabilities, people in recovery from alcohol or drug addictions, and hospice facilities. See Division 3, Section 9.31.270, Residential Care Facilities, for further details.
a. Residential Care, General. A Residential Facility licensed by the State of California and providing care for more than 6 persons. b. Residential Care, Limited. A Residential Facility licensed by the State of California providing care for 6 or fewer persons. c. Residential Care, Seniors. A housing arrangement chosen voluntarily by the resident, the resident’s guardian, conservator or other responsible person, where residents are 60 years of age or older and where varying levels of care and supervision are provided as agreed to at the time of admission or determined necessary at subsequent times of reappraisal.

This classification includes continuing care retirement communities and life care communities licensed for residential care by the State of California. d. Hospice, General. A facility that provides residential living quarters for more than 6 terminally ill persons.
e. Hospice, Limited. A facility that provides residential living quarters for up to 6 terminally ill persons.

8. Supportive Housing. Housing which meets the definition of Health and Safety Code Section 50675.14 with no limit on length of stay that are occupied by the target population as defined in subdivision (d) of Section 53260 of the California Health and Safety Code, and that are linked to on-site or off-site services DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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that assist supportive housing residents in retaining the housing, improving their health status, and maximizing their ability to live, and where possible, work in the community. Supportive housing as defined by Subdivision (b) of Section 50675.14 may be provided in a multiple-unit structure or group residential facility. Facilities may operate as licensed or unlicensed facilities subject to applicable State requirements.

9. Transitional Housing. Dwelling units with a limited length of stay that are operated under a program requiring recirculation to another program recipient at some future point in time. Transitional housing may be designated for homeless or recently homeless individuals or families transitioning to permanent housing as defined in subdivision (h) of Section 50675.2 of the California Health and Safety Code. Facilities may be linked to onsite or offsite supportive services designed to help residents gain skills needed to live independently. Transitional housing may be provided in a variety of residential housing types (e.g., multipleunit dwelling, single-room occupancy, group residential, single unit dwelling). This classification includes domestic violence shelters. See Division 3, Section

9.31.110, Congregate and Transitional Housing, for further details.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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SECTION 35. Santa Monica Municipal Code Section 9.52.010 is hereby amended to read as follows:

9.52.010 List of Terms
30% Income Household
50% Income Household
60% Income Household
80% Income Household
100% Affordable Housing Project
Abandoned, Abandonment
Abutting, Adjoining, or Adjacent
Access
Accessory Building
Accessory Dwelling Unit
Accessory Food Service
Accessory Structure
Accessory Use
Act of Nature
Affordable Rent
Alley
Alteration
Arcade
Area Median Income (AMI)
Artist
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Attic
Awning
Balcony
Base District
Base Height
Basement
Bathroom
Bay Window
Bedroom
Block
Building
Building, Accessory
Building, Principal
Building Code
Building Face
Building Envelope
Building Footprint
Building Height
Building Site
Build-to Line
Buffer, Buffering
California Department of Alcoholic Beverage Control (ABC) California Environmental Quality Act (CEQA)
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Canopy
Car Sharing
Carport
Change of Use
Clerestory
City
City Council
City Engineer
City-Designated Contributing Building or Structure
City-Designated Historic Resource
City-Designated Landmark
City-Designated Structure of Merit
County
Conditionally Permitted
Construction
Corner Build-to Area
Courtyard
Cripple Wall
Curb Cut
Daylight Plane
Deck
Demising Wall
Demolition
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Development
Development Agreement
Director
Disability
Discretionary Permit
District
Domestic Violence Shelter
Driveway
Dwelling
Dwelling Unit
Easement
Effective Date
Emergency
Entrance
Environmental Review
Environmental Impact Report (EIR)
Erect
Excavation
Façade
Façade, Street-Facing
Feasible
Fee
Fence
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Floor Area
Floor Area Ratio
Footprint
Frontage, Street
Garage
Semi-subterranean Garage
Subterranean Garage
Garage Sales
General Plan
Glare
Government Code
Grade
Average Natural Grade
Existing Grade
Finished Grade
Segmented Average Natural Grade
Theoretical Grade
Ground Floor
Ground Floor Street Frontage
Habitation
Hazardous Materials
Height
Historic Resource
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Historic Resources Inventory
Home Occupation
Household
Illegal Use
Intensity of Use
Intersection, Street
Junior Accessory Dwelling Unit
Kitchen
Landscape
Automatic Controller
Backflow Prevention Device
Groundcover
Hedge
Irrigation System
Landscaping
Moisture Sensing Device
Mulch
Plant Area
Lighting
Foot-Candle
Light Fixture
Shielded Fixture
Lightwell
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Living Quarters
Loading Space
Loft
Lot
Maintenance and Repair
Manufactured Housing
Mezzanine
Mixed-Use Development
Mobile Home Park
Natural Disaster
Nonconforming Building
Nonconforming Structure
Nonconforming Use
Open Space
Open Space, Common
Open Space, Private
Open Space, Usable
Outdoor Sales, Temporary and Seasonal
Outdoor Storage
Overlay District
Parapet
Parcel
Parcel, Corner
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Parcel, Flag
Parcel, Key
Parcel, Reversed Corner
Parcel, Through
Parcel Area
Parcel Depth
Parcel Frontage
Parcel Line
Parcel Line, Front
Parcel Line, Rear
Parcel Line, Side
Parcel Width
Parking Facility
Accessory Parking
Long-Term Parking
Parking, Bicycle
Long-Term Bicycle Parking
Short-Term Bicycle Parking
Parking Space, Off-Street
Accessible Parking
Car Share Parking
Independently-Accessible Parking
Shared Parking
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Stacked Parking
Tandem Parking
Unbundled Parking
Valet Parking
Parking Structure
Semi-Subterranean
Subterranean
Patio
Paving
Permit
Permitted Use
Person
Person with a Disability
Planning Commission
Plaza
Podium
Port Cochere
Pre-Existing
Primary Use
Private Tennis Court
Project
Public Land
Public Resources Code
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Qualified Applicant
Ramp
Reasonable Accommodation
Residential Use
Review Authority
Right-of-Way
Roof
Barrel Roof
Gambrel Roof
Hip Roof
Mansard Roof
Pitched Roof
Shed Roof
Roof Deck
Screening
Security Grate or Grilles
Senior Citizen
Setback
Setback, Front
Setback, Rear
Setback, Side
Setback, Street Side
Sexually-Oriented Business
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Shrub
Sidewalk
Sidewalk Café
Sign-Related Definitions
Site
Skylight
Solar Energy System
State Historical Building Code
Story
Street
Street Tree
Street Wall
Structural Alterations
Structure
Structure, Accessory
Structure, Main
Structure, Subterranean
Structure, Temporary
Subdivision
Swimming Pool
Temporary Structure
Trailer
Trash Screen/Enclosure
DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Unit
Use
Use, Accessory
Use, Primary
Use Classification
Use Permit
Use Type
Utilities
Vibration
View Corridor
Wall
Window
Primary Room Window
Secondary Room Window
Yard
Zoning Administrator
Zoning District
SECTION 36. Santa Monica Municipal Code Section 9.52.020 is hereby amended to read as follows:

9.52.020 Definitions
The following words or phrases as used in this Article shall have the following meanings:

9.52.020.0010 30% Income Household. A household whose gross income does not exceed the 30% income limits applicable to the Los Angeles-Long DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Beach Primary Metropolitan Statistical Area, adjusted for household size, as published and periodically updated by HUD.

9.52.020.0020 50% Income Household. A household whose gross income does not exceed 50% of the area median income, adjusted for household size, as published and periodically updated by HUD. 50% income households include 30% income households.

9.52.020.0030 60% Income Household. A household whose gross income does not exceed 60% of the area median income, adjusted for household size, as published and periodically updated by HUD. 60% income households include 50% income households.

9.52.020.0040 80% Income Household. A household whose gross income does not exceed 80% of the area median income, adjusted for household size, as published and periodically updated by HUD. 80% income households include 60% income households.

9.52.020.0050 100% Affordable Housing Project. Housing projects with a minimum of 25% of the units deed restricted or restricted by an agreement approved by the City for occupancy by 60% Income Households or less and the remainder of the housing units are deed restricted or restricted by an agreement approved by the City for occupancy by 80% Income Households or less. Such projects may include nonresidential uses not to exceed 33% of the project’s total floor area.

9.52.020.0060 Abandoned, Abandonment. When, for a continuous period of one year or more, a nonconforming building, parcel, or use ceases. Resumption DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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of a use after abandonment is a change of use. See Division 3, Section

9.27.050(B), Nonconforming Uses, Structures, and Parcels, for additional regulations.

9.52.020.0070 Abutting, Adjoining, or Adjacent. Having a common property line or district line or separated only by an alley, path, private street, or easement.

9.52.020.0080 Access. The place, or way through which pedestrians and/or vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this Article.

9.52.020.0090 Accessory Building. See Building, Accessory.

9.52.20.0095 Accessory Dwelling Unit. An attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and that is located on a parcel with a proposed or existing primary single-unit or multi-unit dwelling. See Division 3, Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units, for further details.

9.52.020.0100 Accessory Food Service. Establishments where food is located on the same parcel as or within a primary permitted use and is clearly incidental to the primary permitted use that is not an eating and drinking establishment. Food service that is more extensive than these provisions will cause this use to be considered an eating and drinking establishment subject to all of the applicable regulations. See Division 3, Section 9.31.030, Accessory Food Service, for further details.

9.52.020.0110 Accessory Structure. See Structure, Accessory.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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9.52.020.0120 Accessory Use. See Use, Accessory.

9.52.020.0130 Act of Nature. A natural occurrence such as an earthquake, flood, tidal wave, hurricane, superstorm, meteor, or tornado which causes substantial damage to buildings or property.

9.52.020.0135 Affordable Rent. Affordable rent shall mean the following:

A. For 30% income households, the product of 30% times 30% of the area median income adjusted for household size appropriate for the unit.

B. For 50% income households, the product of 30% times 50% of the area median income adjusted for household size appropriate for the unit.

C. For 80% income households whose gross incomes exceed the maximum incomes for 50% income households, the product of 30% times 60% of the area median income adjusted for household size appropriate for the unit.

D. For moderate income households, the product of 30% times 110% of the area median income adjusted for household size appropriate for the unit.

For purposes herein, affordable rent shall be adjusted as necessary to be consistent with pertinent Federal or State statutes and regulations governing Federal or State assisted housing.

9.52.020.0140 Alley. A public way permanently reserved for access to the rear or side of properties otherwise abutting on a street.

9.52.020.0150 Alteration. Any change, addition or modification that changes the exterior architectural appearance or materials of a structure or object.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Alteration includes changes in exterior surfaces, changes in materials, additions, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance and repairs.

9.52.020.0160 Arcade. A public passageway or colonnade open along at least one side, except for structural supports, usually covered by a canopy or permanent roofing.

9.52.020.0165 Area Median Income (AMI). The median family income published from time to time by HUD for the Los Angeles-Long Beach Metropolitan Statistical Area.

9.52.020.0170 Artist. An individual who is recognized by critics and peers; has verifiable training, credentials, and/or reputation in the field; and works in one or more of the following areas:

A. A person who works in or is skilled in any of the fine arts, including, but not limited to, painting, drawing, sculpture, book arts, and print making; B. A person who creates imaginative works of aesthetic value, including, but not limited to, literature, poetry, play writing, film, video, digital media works, literature, costume design, photography, architecture, music composition, and conceptual art;
C. A person who creates functional art, including, but not limited to, jewelry, rugs, decorative screens and grates, furniture, pottery, toys, and quilts;
D. A performer, including, but not limited to, singers, musicians, dancers, actors, and performance artists.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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9.52.020.0180 Attic. The area less than 7 feet in height, located above the ceiling of the top story and below the roof that is not usable as habitable or commercial space and is not accessible via a permanent access structure.

An attic shall not be considered a story. City-designated landmarks may adapt attics to be habitable so long as they are within the historic building envelope and result in no change to the roofline. Such an adoption will also not be considered a story.

9.52.020.0190 Awning. An architectural projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is attached. An awning is typically constructed of non-rigid materials on a supporting framework which projects from and is supported by the exterior wall of a building.

9.52.020.0200 Balcony. A platform that projects from the wall of a building 30 inches or more above grade that is accessible from the building’s interior, is not accessible from the ground and is not enclosed by walls on more than 2 sides. See also Deck.

9.52.020.0210 Base District. See Zoning District.

9.52.020.0220 Base Height. The maximum height to which a building or structure may be built by right pursuant to the Land Use and Circulation Element (LUCE) of the General Plan. This is also called the Tier 1 height.

9.52.020.0230 Basement. The level(s) of a structure located below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade, in which no portion of the level directly below Average Natural Grade, Segmented DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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Average Natural Grade, or Theoretical Grade projects more than 3 feet above Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade. Up to 4 wall surfaces of the level directly below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade may be exposed above Finished Grade, so long as this exposure does not exceed 40% of each of these wall surface areas. Each wall surface area is calculated by multiplying the height by the length of the wall. In addition, the visible wall surface height of these walls shall not exceed 3 feet above Finished Grade, except for an entrance to a garage, which must be designed to the minimum feasible width and not exceed the maximum size requirements set forth in Chapter 9.28, or for any light well or emergency egress as required by the Building Code. A basement shall not be considered a story.

9.52.020.0240 Bathroom. A room containing a sink, a toilet, and a shower and/or bathtub.

9.52.020.0250 Bay Window. An angular or curved window that projects from the building surface.

9.52.020.0260 Bedroom. Any habitable space in a dwelling unit or accessory structure other than a kitchen or living room that is intended for or capable of being used for sleeping, is at least 70 square feet in area, is separated from other rooms by a door, and is accessible to a bathroom without crossing another bedroom.

9.52.020.0270 Block. Property bounded on all sides by a public right-of-way.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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9.52.020.0280 Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials.

9.52.020.0290 Building, Accessory. A detached building located on the same parcel as the principal building, which is incidental and subordinate to the principal building in terms of both size and use. A building will be considered part of the principal building if located less than 6 feet from the principal building or if connected to it by fully enclosed space.

9.52.020.0300 Building, Principal. A building in which the principal use of the parcel on which it is located is conducted.

9.52.020.0310 Building Code. Any ordinance of the City governing the type and method of construction of buildings, signs, and sign structures and any amendments thereto and any substitute therfor including, but not limited to, the California Building Code, the State Historic Building Code, other stateadopted uniform codes and the Minimum Building Security Standards Ordinance.

9.52.020.0320 Building Face. The general outer surface of the structure or walls of a building. Where bay windows or pillars project beyond the walls, the outer surface of the windows or pillars shall be considered to be the face of the building.

9.52.020.0330 Building Envelope. The aggregate of building mass and building bulk permitted on a parcel which is defined by height regulations, setbacks and other property development standards.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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9.52.020.0340 Building Footprint. See Footprint.

9.52.020.0350 Building Height. See Height.

9.52.020.0360 Building Site. A parcel or parcels of land occupied or to be occupied, by a main building and accessory buildings together with such open spaces as are required by the terms of this title and having its principal frontage on a street, road, highway, or waterway.

9.52.020.0370 Build-To Line. A line parallel to the parcel line where the façade of the building is required to be located.

9.52.020.0380 Buffer, Buffering. An area on a parcel which is designed to separate structures and uses from the general public and/or adjacent properties to reduce negative impacts. It may include landscaping, fences, and walls.

9.52.020.0390 California Department of Alcoholic Beverage Control (ABC). The California state agency that regulates the permitting of alcohol beverage sales, including the sale of beer, wine, and distilled spirits.

9.52.020.0400 California Environmental Quality Act (CEQA). Public Resources Code Section 21000 et seq., or any successor statute and associated guidelines (California Code of Regulations Section 15000 et seq.) that require public agencies to document and consider the environmental effects of a proposed action before a decision.

9.52.020.0410 Canopy. A roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area that may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces extending from the ground.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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9.52.020.0420 Car Sharing. A formal or informal membership organization that owns a variety of motor vehicles that are parked in a number of different areas. Members use the motor vehicles under the terms of their membership.

9.52.020.0430 Carport. A permanently roofed structure providing space for parking or temporary storage of vehicles. It may or may not include sides, but will be considered a garage if all 4 sides are enclosed.

9.52.020.0440 Change of Use. A discontinuance of an existing use and the substitution therefor of a use such that the new use represents a different use group (as defined in Chapter 9.51, Use Classifications) or is otherwise differently regulated by the zoning ordinance compared to the prior use. A change of ownership alone does not constitute a change of use.

Resumption of a use after abandonment is a change of use.

9.52.020.0450 Clerestory. A window or row of windows which typically run horizontally and are located at the upper portion of a wall to allow additional light and air into a room. A clerestory is not a skylight.

9.52.020.0460 City. The City of Santa Monica.

9.52.020.0470 City Council. The City Council of the City of Santa Monica.

9.52.020.0480 City Engineer. The City Engineer of the City of Santa Monica.

9.52.020.0490 City-Designated Contributing Building or Structure. A building or structure designated by the City as contributing to the designation of an area as a historic district pursuant to Section 9.56.130.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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9.52.020.0500 City-Designated Historic Resource. Any existing property or structure that is designated by the City as a Landmark, Structure of Merit, or a Contributor to a Designated Historic District.

9.52.020.0510 City-Designated Landmark. An improvement designated by the City as appropriate for historic preservation pursuant to Section 9.56.120.

9.52.020.0520 City-Designated Structure of Merit. An improvement designated by the City as appropriate for official recognition pursuant to Section

9.56.090.

9.52.020.0530 County. The County of Los Angeles.

9.52.020.0540 Conditionally Permitted. Permitted subject to approval of a Conditional Use Permit or Minor Use Permit.

9.52.020.0550 Construction. Construction, erection, enlargement, alteration, conversion or movement of any building, structures, or land together with any scientific surveys associated therewith.

9.52.020.0560 Corner Build-To Area. Area of a corner parcel where the façade of the building is required to be located.

9.52.020.0570 Courtyard. An unroofed area that is completely or mostly enclosed by walls of a building.

9.52.020.0580 Cripple Wall. The short wood stud walls that enclose a crawl space under the first floor used to support a dwelling between the concrete foundation and the ground floor of a building. It elevates the dwelling above ground to allow access to the utility lines or to level a dwelling built on a slope.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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9.52.020.0590 Curb Cut. A break in a curb allowing vehicle access from the roadway to a legal parking area within the parcel.

9.52.020.0600 Daylight Plane. A setback or series of setbacks on new buildings which allows the flow of light and air to adjacent residential buildings and properties.

9.52.020.0610 Deck. A platform, either freestanding or attached to a building that is used for outdoor space. It typically extends from the façade of a building and is supported by pillars or posts but may be located on a flat portion of a building, such as a roof or setback. It is distinct from a patio. See also Balcony.

9.52.020.0620 Demising Wall. A partition wall that separates one tenant or owner’s space from another or from the building hallway or other common area.

9.52.020.0630 Demolition. The destruction, dismantling, or removal of a building or structure or substantial portion of a building or structure so that it constitutes demolition pursuant to the provisions of Section 9.25.030, Demolition Defined.

9.52.020.0640 Development. Any manmade change to improved or unimproved real estate, including, but not limited to, the division of a parcel of land into 2 or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, expansion, or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land.

DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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9.52.020.0650 Development Agreement. An agreement between the City and any person having a legal or equitable interest in real property for the development of such property and which complies with the applicable provisions of the Government CodeSection 65864 et seq., and local law for such development agreements pursuant to Chapter 9.60, Development Agreements.

9.52.020.0660 Director. The Director of Planning and Community Development of the City of Santa Monica or designee.

9.52.020.0670 Disability. Physical or mental impairment that substantially limits one or more of a person’s major life activities or a record of having an impairment, but the term does not include current, illegal use of, or an addiction to, a controlled substance. Current users of illegal controlled substances, persons convicted with illegal manufacture or distribution of a controlled substance, sex offenders, and juvenile offenders are not considered disabled under the Fair Housing Act, by virtue of that status.

9.52.020.0680 Discretionary Permit. A Development Review Permit, Major Modification, Variance, Minor Use Permit, or Conditional Use Permit, or any other appealable permit that requires findings to be made.

9.52.020.0690 District. See Zoning District.

9.52.020.0700 Domestic Violence Shelter. A residential facility that provides temporary accommodations to persons or families who have been the victims of domestic violence. Such a facility may also provide meals, DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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counseling, and other services, as well as common areas for the residents of the facility.

9.52.020.0710 Driveway. An accessway that provides vehicular access between a street and the parking or loading facilities located on an adjacent property.

9.52.020.0720 Dwelling. A structure or portion thereof that is used principally for residential occupancy.

9.52.020.0730 Dwelling Unit. One or more rooms designed, occupied or intended for occupancy as separate living quarters, with full cooking, sleeping and bathroom facilities for the exclusive use of a single household. A dwelling unit shall exceed 375 square feet in size.

9.52.020.0740 Easement. A portion of land created by grant or agreement for specific purpose; an easement is the right, privilege, or interest which one party has in the land of another.

9.52.020.0750 Effective Date. The date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated.

9.52.020.0760 Emergency. A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services.

9.52.020.0770 Entrance. An opening, such as a door, passage, or gate, that allows access to a place.

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9.52.020.0780 Environmental Review. An evaluation process pursuant to CEQA to determine whether a proposed project may have a significant impact on the environment.

9.52.020.0790 Environmental Impact Report (EIR). An Environmental Impact Report as required under the California Environmental Quality Act.

9.52.020.0800 Erect. To build, construct, attach, hang, place, suspend, or affix to or upon any surface.

9.52.020.0810 Excavation. The removal of soils or other materials below grade to install habitable space, parking, utilities, or landscaping.

9.52.020.0820 Façade. The face of the exterior wall of a building exposed to public view or that wall viewed by persons not within the building. The portion of any exterior elevation of a building extending vertically from the grade to the top of a parapet wall or eave and horizontally across the entire width of the building elevation.

9.52.020.0830 Façade, Street-Facing. Any building façade whose exterior wall faces or is within 45 degrees of parallel to an adjacent street, right-of-way, or public park, plaza, or open space.

9.52.020.0840 Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

9.52.020.0850 Fee. A payment to the City for the processing of a permit or license application by a City Agency or Department.

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9.52.020.0860 Fence. An artificially-constructed barrier of any material or combination of materials erected to enclose or screen an area of land.

Fences may also be walls, hedges and screen planting.

9.52.020.0870 Floor Area. See Division 1, Section 9.04.080, Determining Floor Area, for rules for calculating floor area.

9.52.020.0880 Floor Area Ratio. The ratio of the total floor area of all buildings on a parcel to the total area of the parcel. See Division 1, Section 9.04.090, Determining Floor Area Ratio, for rules for calculating floor area ratio.

9.52.020.0890 Footprint. The horizontal area, as seen in plan view, of a building or structure, measured from the outside of exterior walls and supporting columns, and excluding eaves and subterranean and semi-subterranean levels.

9.52.020.0900 Frontage, Street. That portion of a parcel that borders a public street. “Street frontage” shall be measured along the common parcel line separating said parcel or parcel of land from the public street, highway, or parkway.

9.52.020.0910 Garage. A building or portion thereof, containing accessible and usable enclosed space designed, constructed and maintained for the parking or storage of one or more motor vehicles.

9.52.020.0920 Semi-subterranean Garage. A structure located partly underground used for parking and storage of vehicles.

9.52.020.0930 Subterranean Garage. A structure entirely underground, except for openings for ingress and egress.

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9.52.020.0940 Garage Sales. The sale or offering for sale to the general public of over five items of personal property on a portion of a parcel in a residentially zoned district, whether inside or outside any building.

9.52.020.0950 General Plan. The City of Santa Monica General Plan.

9.52.020.0960 Glare. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort or loss of visual performance and ability.

9.52.020.0970 Government Code. The Government Code of the State of California.

9.52.020.0980 Grade. The location of the ground surface.

9.52.020.0990 Average Natural Grade. See Division 1, Section 9.04.050(A)(1).

9.52.020.1000 Existing Grade. The elevation of the ground at any point on a parcel as shown on the required survey submitted in conjunction with an application for a building permit or grading permit. Existing grade also may be referred to as natural grade.

9.52.020.1010 Finished Grade. The finished surface of the ground, paving, lawn, or other improved surface between the building and the parcel line.

9.52.020.1020 Segmented Average Natural Grade. See Division 1, Section

9.04.050(A)(2).

9.52.020.1030 Theoretical Grade. See Division 1, Section 9.04.050(A)(3).

9.52.020.1040 Ground Floor. The lowest floor of a building other than a basement that is closest to finished grade.

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9.52.020.1050 Ground Floor Street Frontage. The first level of a building, other than a basement, that borders a public street.

9.52.020.1060 Habitation. Regular and exclusive use of a space or structure for shelter and other residential purposes in a manner that is private and separate from another residence on the same parcel.

9.52.020.1070 Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

9.52.020.1080 Height. The vertical distance from a point on the ground below a structure to a point directly above. See also Division 1, Section 9.04.050, Measuring Height.

9.52.020.1090 Historic Resource. Any existing property or structure that is designated as a City Landmark, Structure of Merit, or a Contributor to a Designated Historic District, or is listed on either the California Register of Historical Resources or the National Register of Historic Places.

9.52.020.1100 Historic Resources Inventory (HRI). A database containing building descriptions and evaluations of properties that exhibit potential historic, architectural, or cultural significance in Santa Monica. Each property listed on the HRI has been evaluated by professionals using nationwide standards and criteria. The HRI is used to identify properties of DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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potential historic significance, and properties on the HRI are eligible to apply the State Historical Building Code.

9.52.020.1110 Home Occupation. A commercial use conducted on residential property by the inhabitants of the subject residence, which is incidental and secondary to the residential use of the dwelling. See Section 9.31.160, Home Occupation.

9.52.020.1120 Household. One or more persons living together in a single dwelling unit, with access to and use of all common living and eating areas and all common areas and facilities for the preparation and storage of food and who maintain a single mortgage, lease, or rental agreement for all members of the household.

9.52.020.1130 Illegal Use. Any use of land or building that does not have the currently required permits and was originally constructed and/or established without permits or approvals required for the use at the time it was brought into existence.

9.52.020.1140 Intensity of Use. The extent to which a particular use or the use in combination with other uses affects the natural and built environment in which it is located, the demand for services, and persons who live, work, and visit the area. Measures of intensity include, but are not limited to, requirements for water, gas, electricity, or public services; number of automobile trips generated by a use; parking demand; number of employees on a site; hours of operation; the amount of noise, light or glare DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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generated; the number of persons attracted to the site, or, in eating establishments, the number of seats.

9.52.020.1150 Intersection, Street. The area common to 2 or more intersecting streets.

9.52.20.1155. Junior Accessory Dwelling Unit. A dwelling unit that is no more than 500 square feet in size and is contained entirely within an existing or proposed single-unit dwelling. See Division 3, Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units, for further details.

9.52.020.1160 Kitchen. A room or space within a building with appliances used for cooking or preparing food.

9.52.020.1170 Landscape. The following terms are related to Division 3, Chapter

9.26, Landscaping.

9.52.020.1180 Automatic Controller. An automatic timing device used to remotely control valves that operate an irrigation system.

9.52.020.1190 Backflow Prevention Device. A safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

9.52.020.1200 Groundcover. A low growing woody or herbaceous plant with low, compact growth habits which normally crawls or spreads, and which forms a solid mat or dense cover over the ground within 2 years of installation. Mature heights of groundcover will usually range from 3 inches to 3 feet.

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9.52.020.1210 Hedge. A boundary or barrier of plant material formed by a row or series of shrubs, bushes, trees, or other similar vegetation that enclose, divide, or protect an area or that prevent a person from passing between any combination of individual shrubs, bushes, trees, or other similar vegetation.

9.52.020.1220 Irrigation System. Any system, excluding water features, for distribution of water through a pressurized system within the landscape area, including, but not limited to, any system in which any portion is installed below grade or affixed to any structure.

9.52.020.1230 Landscaping. The planting, configuration and maintenance of trees, ground cover, shrubbery and other plant material, decorative natural and structural features (walls, fences, hedges, trellises, fountains, sculptures), earth patterning and bedding materials, and other similar site improvements that serve an aesthetic or functional purpose. See Section 9.26.060.

9.52.020.1240 Moisture Sensing Device. A device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.

9.52.020.1250 Mulch. Any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

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9.52.020.1260 Plant Area. The portion of a parcel that is dedicated to the installation of landscaping.

9.52.020.1270 Lighting. The following terms are related to Section 9.21.080, Lighting.

9.52.020.1280 Foot-Candle. A quantitative unit of measure for luminance. One foot-candle is equal to the amount of light generated by one candle shining on one square foot surface located one foot away. Equal to one lumen uniformly distributed over an area of one square foot.

9.52.020.1290 Light Fixture. The assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirrors, and a refractor or lens.

9.52.020.1300 Shielded Fixture. Outdoor light fixtures shielded or constructed so that light rays emitted by the lamp are projected below the horizontal plane passing through the lowest point on the fixture from which light is emitted.

9.52.020.1310 Lightwell. The portion of buildable area that is reserved as open space for light and air, usually enclosed by building walls on the subject property or adjacent property and extends for one or more floors.

9.52.020.1320 Living Quarters. A structure or portion thereof that is used principally for human habitation.

9.52.020.1330 Loading Space. An off-street space or berth on the same parcel with a building for the temporary parking of a vehicle while loading or unloading of goods.

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9.52.020.1340 Loft. See Mezzanine.

9.52.020.1350 Lot. See Parcel.

9.52.020.1360 Maintenance and Repair. The repair or replacement of nonbearing walls, fixtures, wiring, roof or plumbing that restores the character, scope, size or design of a structure to its previously existing, authorized, and undamaged condition.

9.52.020.1370 Manufactured Housing. A structure as defined by Health and Safety Code Section 18007, or any successor thereto.

9.52.020.1380 Mezzanine. An intermediate floor within a building interior without walls, partitions, closets, screens or other complete enclosing interior walls or partitions that is open to the floor below and has a floor area that is no greater than one-third of the total area of the overlooked room below. When the total floor area of a mezzanine exceeds one-third of the total area of the overlooked room below it constitutes an additional story and is no longer considered a mezzanine. Mezzanines shall be concealed within the building and shall not appear as an additional story on the exterior building façade.

See Story.

9.52.020.1390 Mixed-Use Development. The development of a parcel or building with 2 or more different land uses such as, but not limited to, a combination of residential, office, manufacturing, retail, public or entertainment in a single or physically integrated group of structures.

9.52.020.1400 Mobile Home Park. Any area or tract of land where 2 or more lots are rented or leased, or held out for rent or lease, to accommodate mobile DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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homes used for human habitation in accordance with Health and Safety Code Section 18214, or any successor thereto.

9.52.020.1410 Natural Disaster. See Act of Nature.

9.52.020.1420 Nonconforming Building. See Nonconforming Structure.

9.52.020.1430 Nonconforming Structure. A building or structure that was erected in compliance with the standards and requirements in effect when it was constructed but does not comply with all of the applicable provisions of this Article including, but not limited to, density, floor area, height, setback, usable open space, and other development standards. See Chapter 9.27, Nonconforming Uses and Structures.

9.52.020.1440 Nonconforming Use. An occupancy or activity that was established in compliance with the standards and requirements in effect at the time it commenced and has not been abandoned within the same structure or on the same parcel since that date but does not comply with all of the applicable provisions of this Article including, but not limited to, permitted use, location, intensity, operational characteristics, performance standards or hours of operation. See Chapter 9.27, Nonconforming Uses and Structures.

9.52.020.1450 Open Space.

9.52.020.1460 Open Space, Common. Any outdoor area, not dedicated for public use, which is designed and intended for the common use and enjoyment of the residents and guests of more than one dwelling unit.

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9.52.020.1470 Open Space, Private. Open areas for outdoor living and recreation that are adjacent and directly accessible to a single dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.

9.52.020.1480 Open Space, Usable. Outdoor areas that provide for outdoor living and/or recreation for the use of residents.

9.52.020.1490 Outdoor Sales, Temporary and Seasonal. The sale or offering for sale to the general public of merchandise outside of a permanent structure on property owned or leased by the person, firm, or corporation. These sales are of a limited duration and conducted on an occasional basis, and are secondary or incidental to the principal permitted use or structure existing on the property.

9.52.020.1500 Outdoor Storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise or vehicles in the same place for more than 72 hours except for the keeping of building materials reasonably required for construction work on the premises pursuant to a valid and current Building Permit issued by the City.

9.52.020.1510 Overlay District. A zoning designation specifically delineated on the Districting Map establishing land use requirements that govern in addition to the standards set forth in the underlying base district.

9.52.020.1520 Parapet. A low wall or railing extending above the roof and along its perimeter.

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9.52.020.1530 Parcel. A single unit of land separated from other units of land by legal description, the boundaries of which are shown on a parcel map or final map, described in a deed, or for which a certificate of compliance has been issued pursuant to the Subdivision Map Act. [Parcel shall also include 2 or more parcels where the owner(s) have recorded a covenant with the Office of the County Recorder that states the intention of the owner(s) to combine and use the parcels as a single unit of land in compliance with City regulations.

9.52.020.1540 Parcel, Corner. A parcel of land abutting 2 or more streets at their intersection, or upon 2 parts of the same street forming an interior angle of less than 135 degrees.

9.52.020.1550 Parcel, Flag. A parcel not fronting on or abutting a public road and where access is from a public road by a narrow right-of-way or driveway.

9.52.020.1560 Parcel, Key. The first interior parcel to the rear of a reversed corner parcel and not separated therefrom by an alley.

9.52.020.1570 Parcel, Reversed Corner. A corner parcel, the side street line of which is substantially a continuation of the front parcel line of the first parcel to its rear.

9.52.020.1580 Parcel, Through. A parcel which fronts on 2 parallel streets or which fronts upon 2 streets which do not intersect at the boundaries of the parcel.

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9.52.020.1590 Parcel Area. The total area within the property lines of a parcel, excluding any street or alley right-of-way.

9.52.020.1600 Parcel Depth. The longest perpendicular length between a front and rear parcel line or an imaginary extension of a rear parcel line as necessary for non-rectilinear parcels.

9.52.020.1610 Parcel Frontage. The width of the front parcel line measured at the street right-of-way.

9.52.020.1620 Parcel Line. A line of record bounding a parcel that divides one parcel from another parcel or from a public or private street or any other public space.

9.52.020.1630 Parcel Line, Front. The parcel line separating a parcel from a street right-of-way. In the case of a corner parcel, the line separating the narrowest street frontage of the parcel from the street shall be considered the front. For corner parcels with equal street frontage dimensions, the front of the parcel is the street frontage that is consistent with the prevailing street frontage orientations along the block where the corner parcel is located. For parcels between a walk street and an alley, the front of the parcel is considered along the walk street. For through parcels between a walk street and a street with vehicular access, the front of the parcel is considered along the street with vehicular access.

9.52.020.1640 Parcel Line, Rear. The parcel line opposite and most distant from the front parcel line; or in the case of triangular or otherwise irregularly DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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shaped parcel, a line ten feet in length entirely within the parcel, parallel to, and at a maximum distance from the front parcel line.

9.52.020.1650 Parcel Line, Side. Any parcel line other than a front or rear parcel line.

9.52.020.1660 Parcel Width. For rectilinear parcels, the distance between the side parcel lines determined by the length of a straight line drawn at right angles to the side parcel lines and parallel with both the front and rear parcel lines.

For non-rectilinear parcels, a series of measurements based on the location of the side parcel lines shall be required to determine varying parcel widths at any given locations on the parcel.

9.52.020.1670 Parking Facility. An area of a parcel, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the temporary storage of operable motor vehicles.

9.52.020.1680 Accessory Parking. An area of a parcel, structure, or any other area, which is designed, reserved for, and the primary purpose of which is to provide off-street parking to serve a building or use that is the primary or main use of the parcel.

9.52.020.1690 Long-Term Parking. An area designed for employee or parking when a vehicle is not normally moved during the period of an employee’s work shift, as opposed to customer or visitor parking.

9.52.020.1700 Parking, Bicycle. A covered or uncovered area equipped with a rack or other device designed and useable for the secure, temporary storage of bicycles.

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9.52.020.1710 Long-Term Bicycle Parking. Bicycle parking that is designed to serve employees, students, residents, commuters, and others who generally stay at a site for 3 hours or longer.

9.52.020.1720 Short-Term Bicycle Parking. Bicycle parking that is designed to serve shoppers, customers, messengers, guests, and other visitors to a site who generally stay for a period of less than 4 hours.

9.52.020.1730 Parking Space, Off-Street. An area, covered or uncovered, designed and usable for the temporary storage of a vehicle, which is paved and accessible by an automobile without permanent obstruction.

9.52.020.1740 Accessible Parking. Parking spaces that are designed and reserved for a vehicle(s) that is dedicated to persons with disabilities.

9.52.020.1745 Automated Parking System. Off-street parking facility where vehicular storage and retrieval within such facility is accomplished entirely through a mechanical conveyance system. A parking facility with parking lift systems that require an attendant to maneuver a vehicle that is to be parked shall not be considered an automated parking facility.

9.52.020.1750 Car Share Parking. Parking spaces that are dedicated for a vehicle(s) provided by a certified car-share organization for the purpose of providing a car-share-service to occupants of a building or the general public.

9.52.020.1760 Independently-Accessible Parking. Parking spaces that allow a vehicle to be accessed without having to move another vehicle under DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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its own power. They shall include spaces accessed by automated garages, or car elevators, lifts or other space-efficient parking provided that no more than one car needs to be moved under its own power to access any one space.

9.52.020.1770 Shared Parking. The management of parking spaces so that they can be used by multiple users. This allows for the more efficient use of parking facilities. Parking may be shared between multiple users on the same parcel, between multiple users on different parcels, or in dedicated shared parking facilities such as public parking lots.

9.52.020.1780 Stacked Parking. Space-efficient parking in which vehicles are stored and accessed by mechanical stackers or lifts or other spaceefficient means.

9.52.020.1790 Tandem Parking. Parking spaces that are placed one behind another and where a vehicle needs to be moved to access the desired parking space.

9.52.020.1800 Unbundled Parking. The practice of selling or leasing parking spaces separate from the purchase or lease of the commercial or residential use.

9.52.020.1810 Valet Parking. Stacked or valet parking is allowed if an attendant is present or an automated system is in place to move vehicles. The automated system may or may not be managed by an attendant.

9.52.020.1820 Parking Structure. A structure used for parking and storage of vehicles.

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9.52.020.1830 Semi-Subterranean. A parking structure located partially underground.

9.52.020.1840 Subterranean. A parking structure located entirely underground, except for openings for ingress and egress.

9.52.020.1850 Patio. An outdoor area, often paved, adjoining a building that is used for outdoor open space. It is not fully enclosed by walls and typically is located at grade or supported by minimal footings.

9.52.020.1860 Paving. A type of material used over areas of a parcel such as driveways, parking spaces and areas, pathways, patios, and front setbacks used for access by vehicles and pedestrians.

9.52.020.1870 Permit. Any Zoning Conformance, Conditional Use Permit, Minor Use Permit, Temporary Use Permit, Development Review Permit, Administrative Approval, Home Occupation, Building Permit, license, certificate, approval, or other entitlement for development and/or use of property as required by any public agency.

9.52.020.1880 Permitted Use. Any use or structure that is allowed in a zoning district without a requirement for approval of a Use Permit, but subject to any restrictions applicable to that zoning district.

9.52.020.1890 Person. Any natural person or other entity recognized by California law as such, including a firm, association, organization, partnership, business trust, company, or corporation.

9.52.020.1900 Person with a Disability. A person who has a physical or mental impairment that limits one or more major life activities; anyone who is DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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regarded as having that type of impairment; or anyone who has a record of that type of impairment.

9.52.020.1910 Planning Commission. The Planning Commission of the City of Santa Monica.

9.52.020.1920 Plaza. An outdoor space set aside for gathering or congregating and commercial activities, typically surrounded by building frontages.

9.52.020.1930 Podium. A continuous raised platform supporting a building or a large block of 2 or 3 stories beneath a multi-story block of smaller area.

9.52.020.1940 Porte Cochere. A roofed structure through which a vehicle can pass, extending from the entrance of a building over an adjacent driveway, the purpose of which is to shelter persons entering and exiting a building.

9.52.020.1950 Pre-Existing. In existence prior to the effective date of this Article.

9.52.020.1960 Primary Use. See Use, Primary.

9.52.020.1970 Private Tennis Court. A tennis court which is used for noncommercial purposes by the owner(s) of the property or guests.

9.52.020.1980 Project. Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this ordinance. This term includes, but is not limited to, any action that qualifies as a “project” as defined by the California Environmental Quality Act.

9.52.020.1990 Public Land. Any government-owned land, including, but not limited to, public parks, beaches, playgrounds, trails, paths, schools, public buildings, and other recreational areas or public open spaces.

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9.52.020.2000 Public Resources Code. The Public Resources Code of the State of California.

9.52.020.2010 Qualified Applicant. The property owner, the owner’s agent, or any person or other legal entity that has a legal or equitable interest in land that is the subject of a development proposal or is the holder of an option or contract to purchase such land or otherwise has an enforceable proprietary interest in such land.

9.52.020.2020 Ramp. An access driveway leading from one parking level to another, or an access driveway from an entrance leading to parking at a different level.

9.52.020.2030 Reasonable Accommodation. A type of discretionary permit that, if approved, would provide for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA) in the application of building and zoning laws and other land use policies, procedures, laws, rules, and regulations.

9.52.020.2040 Residential Use. One or more rooms designed, occupied or intended for occupancy as primary living quarters in a building or portion thereof.

9.52.020.2050 Review Authority. Body responsible for making decisions on zoning and related applications.

9.52.020.2060 Right-of-Way. A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be DocuSign Envelope ID: B25D00ED-D586-4CB6-962E-64B260949788

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occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer or other similar use.

9.52.020.2070 Roof. That portion of a building or structure above walls or columns that shelters the floor area or the structure below.

9.52.020.2080 Barrel Roof. An arched roof with a semi-circular, half-cylindrical shape.

9.52.020.2090 Gambrel Roof. A roof with 2 slopes on each of its 2 sides of which the lower is steeper than the upper slope.

9.52.020.2100 Hip Roof. A 4-sided roof with sloping ends and sides.

9.52.020.2110 Mansard Roof. A roof with 2 sloping planes of different pitch on each of the 4 sides.

9.52.020.2120 Pitched Roof. A roof with 2 sides that have at least one foot of vertical rise for every 3 feet of horizontal run.

9.52.020.2130 Shed Roof. A roof with a single slope.

9.52.020.2140 Roof Deck. A platform located on the flat portion of a roof or setback of a building that is used for outdoor space. It is distinct from a Patio.

9.52.020.2150 Screening. Buffering of a building or activity from neighboring areas or from the street with a wall, fence, hedge, informal planting, or berm.

9.52.020.2160 Security Grate or Grilles. A metal grate that rolls up over, or slides across, a window or door to provide protection against unwanted entry. It also can be a fixed metal fixture over window openings.

9.52.020.2170 Senior Citizen. An individual 62 years of age or older unless otherwise expressly stated in this Article.

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9.52.020.2180 Setback. The distance between the parcel line and a building, not including permitted projections, that must be kept clear or open. See also Section 9.04.040, Measuring Distances, Section 9.04.130, Determining Setbacks, and Section 9.21.110, Projections into Required Setbacks.

9.52.020.2190 Setback, Front. A space extending the full width of the parcel between any building and the front parcel line, and measured perpendicularly to the building at the closest point to the front parcel line.

9.52.020.2200 Setback, Rear. A space extending the full width of the parcel between the principal building and the rear parcel line measured perpendicularly from the rear parcel line to the closest point of the principal building. When a rear parcel line abuts an alley or walkstreet, the rear setback shall be measured from the center line of the alley or walkstreet.

9.52.020.2210 Setback, Side. A space extending the full depth of the parcel between the principal building and the side parcel line measured perpendicularly from the side parcel line to the closest point of the principal building. For non-rectilinear parcels, a space extending the full depth of the parcel between the principal building and the side parcel line(s) measured using a series of measurements parallel to the front parcel line to determine varying parcel widths at any given locations on the parcel.

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9.52.020.2220 Setback, Street Side. A space extending the full depth of the parcel between the principal building and the side parcel line adjacent to a public street right-of-way measured perpendicularly from the side parcel line to the closest point of the principal building. For nonrectilinear parcels, a space extending the full depth of the parcel between the principal building and the side parcel line(s) adjacent to a public street right-of-way measured using a series of measurements parallel to the front parcel line to determine varying parcel widths at any given locations on the parcel.

9.52.020.2230 Sexually-Oriented Business. See Chapter 9.59, Sexually-Oriented Businesses, for details.

9.52.020.2240 Shrub. A plant with a compact growth habit and branches coming from the base of the plant. Mature heights of shrubs may vary from one foot to 15 feet depending on their species and landscape application.

9.52.020.2250 Sidewalk. A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

9.52.020.2260 Sidewalk Cafe. Any outdoor dining area located in or adjacent to any public sidewalk or right-of-way which is associated with a restaurant or other eating and drinking establishment on a contiguous adjacent parcel.

9.52.020.2270 Sign-Related Definitions. All terms relating to signage are defined in Chapter 9.61, Signs.

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9.52.020.2280 Site. A parcel, or group of contiguous parcels, that is proposed for development in accordance with the provisions of this Article and is in a single ownership or under unified control.

9.52.020.2290 Skylight. That portion of a roof which is glazed to admit light, and the mechanical fastening required to hold the glazing, including a curb not exceeding 10 inches in height, to provide a weatherproofing barrier.

9.52.020.2300 Solar Energy System. Any solar collector or other solar energy device, certified pursuant to State law, along with its ancillary equipment, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating, or any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

9.52.020.2310 State Historical Building Code. California Code of Regulations, Title 24, Part 8, or any successor thereto, which constitutes a special Stateadopted building code for historic buildings allowing flexible approaches to their construction problems. This Code was developed to accommodate changes necessary for the continued use of historic buildings, while preserving their historic character and significant architectural features.

Applicants may elect to use the State Historic Building Code as an alternative to standard construction codes such as the City’s Building Code or Electrical Code.

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9.52.020.2320 Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the upper surface of the roof above. A mezzanine with a floor area that exceeds one-third of the floor area of the overlooking room of the floor below constitutes a story. An Attic and Basement shall not be considered stories.

9.52.020.2330 Street. A public or private thoroughfare which affords the access to a block and to abutting property. “Street” includes avenue, place, way, drive, boulevard, highway, road, and any other thoroughfare, except an alley as defined herein.

9.52.020.2340 Street Tree. Trees that are located in the public right-of-way.

9.52.020.2350 Street Wall. A wall or portion of a wall of a building facing a street.

9.52.020.2360 Structural Alterations. Any physical change to or the removal of the supporting members of a structure or building, such as bearing walls, columns, beams, or girders including the creation, enlargement, or removal of doors or windows and changes to a roofline or roof shape.

9.52.020.2370 Structure. Anything constructed or erected, which requires a fixed location on the ground, or is attached to a building or other structure having a fixed location on the ground.

9.52.020.2380 Structure, Accessory. A detached subordinate structure, used only as incidental to the main structure on the same parcel.

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9.52.020.2390 Structure, Main. A structure housing the principal use of a site or functioning as the principal use.

9.52.020.2400 Structure, Subterranean. A structure located entirely underground, except for openings for ingress and egress.

9.52.020.2410 Structure, Temporary. A structure without any foundation or footings and which is intended to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

9.52.020.2420 Subdivision. See Chapter 9.54, Land Divisions, for all subdivision definitions.

9.52.020.2430 Swimming Pool. A pool, pond, or open tank capable of containing a large and deep enough body of water for people to use to swim.

9.52.020.2440 Temporary Structure. See Structure, Temporary.

9.52.020.2450 Trailer. A vehicle without motor power, designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons or property, including a mobile home, trailer coach or house trailer.

9.52.020.2460 Trash Screen/Enclosure. A permanent, immobile structure, designed for the storage of a mobile resource recovery, recycling, or compost bin or container.

9.52.020.2470 Unit. See Dwelling Unit.

9.52.020.2480 Use. The purpose for which land or the premises of a building, structure, or facility thereon is designed, arranged, or intended, or for which it is or may be occupied or maintained.

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9.52.020.2490 Use, Accessory. A use that is customarily associated with, and is incidental and subordinate to, the primary use and located on the same parcel as the primary use.

9.52.020.2500 Use, Primary. A primary, principal or dominant use established, or proposed to be established, on a parcel. In a mixed-use building, there may be more than one primary use.

9.52.020.2510 Use Classification. A system of classifying uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics. All use types are grouped into the following categories: residential; public and semi-public; commercial; industrial; and transportation, communication, and utilities. See Chapter 9.51, Use Classifications.

9.52.020.2520 Use Permit. A discretionary permit, such as a Minor Use Permit or Conditional Use Permit, which may be granted by the appropriate City authority to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right but which may be approved upon completion of a review process and, where necessary, the imposition of special conditions of approval by the permit granting authority.

See Chapter 9.41, Minor Use Permits and Conditional Use Permits.

9.52.020.2530 Use Type. A category which classifies similar uses based on common functional, product, or compatibility characteristics.

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9.52.020.2540 Utilities. Equipment and associated features related to the mechanical functions of a building(s) and services such as water, electrical, telecommunications, and waste.

9.52.020.2550 Vibration. A periodic motion of the particles of an elastic body or medium in alternately opposite directions from the position of equilibrium.

9.52.020.2560 View Corridor. An area where there is a view of all or a portion of a panoramic subject, scene, or area.

9.52.020.2570 Wall. Any exterior surface of building or any part thereof, including windows.

9.52.020.2580 Window. An opening in a wall of a building that may be filled with glass or other material in a frame. They typically allow light and air into the interior of a building but also serve as vehicles for viewing merchandise in commercial properties.

9.52.020.2590 Primary Room Window. A glazed surface whose area is larger than any other glazed surface in a living room, dining room, family room, library, or similar such activity room in a dwelling unit.

9.52.020.2600 Secondary Room Window. A glazed surface serving a bedroom, bathroom, kitchen, stairway, corridor, or storage area in a dwelling unit, or a non-primary window in a primary space.

9.52.020.2610 Yard. See Setback.

9.52.020.2620 Zoning Administrator. The Director of the Department of Planning and Community Development, or designee.

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9.52.020.2630 Zoning District. A specifically delineated area or district in the City within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.

SECTION 37. Any provision of the Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 38. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 39. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
_______________________
GEORGE S. CARDONA
Interim City Attorney
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Packet Pg. 1859 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) Approved and adopted this 8th day of September, 2020.
_____________________________
Kevin McKeown, Mayor
State of California )
County of Los Angeles ) ss.

City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2649 (CCS) had its introduction on August 25, 2020 and was adopted at the Santa Monica City Council meeting held on September 8, 2020, by the following vote:

AYES: Councilmembers Davis, Himmelrich, Jara, McCowan, Winterer Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________ Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2649 (CCS) was duly published pursuant to California Government Code Section 40806.

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Packet Pg. 1860 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 1 City Council Meeting: October 13, 2020 Santa Monica, California ORDINANCE NUMBER 2651 (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 9.55:

ARCHITECTURAL REVIEW TO INCREASE THE THRESHOLD FOR

ADMINISTRATIVE APPROVAL FOR DESIGN REVIEW, ESTABLISH PROCEDURES

FOR ADMINISTRATIVE APPROVAL, AND MAKE OTHER MINOR CHANGES,

ADDITIONS AND CORRECTIONS
WHEREAS, Santa Monica Municipal Code Chapter 9.55: Architectural Review (the “Architectural Review Ordinance”) promotes the public health, safety, and general welfare by establishing procedures and providing regulations deemed necessary to preserve existing areas of natural beauty and cultural importance; and WHEREAS, the Architectural Review Ordinance assures that buildings, structures, or other developments are in good taste, good design, harmonious with surrounding developments, and in general contribute to the preservation of Santa Monica’s reputation as a place of beauty, spaciousness, and quality; prevents the development of structures or uses that are not of acceptable exterior design or appearance, are of inferior quality, or are likely to have a depreciating effect on the local environment or surrounding area by reason of appearance or value; eliminates conditions, structures, or uses, which by reason of their effect tend to degrade the health, safety, or general welfare of the community; and provides a continuing source of programs and means of improving the City’s overall appearance; and
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Packet Pg. 1861 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 2 WHEREAS, the Architectural Review Ordinance establishes an Architectural Review Board (“ARB”) and sets forth standards and procedures for the ARB to implement the purposes the Architectural Review Ordinance; and
WHEREAS, Santa Monica Municipal Code Section 9.55.120 provides that the ARB may, by resolution, authorize City staff to approve applications for building permits for minor or insignificant development of property; and
WHEREAS, in accordance with authority established by Section 9.55.120, the ARB adopted Resolution Number 95-001 (Architectural Review Board Series) (“Resolution 95-001”), establishing guidelines for staff review and approval of building design, colors and materials and landscape and irrigation plans; and WHEREAS, since the adoption of Resolution 95-001, City staff has conducted review of projects subject to administrative approval in accordance with procedures that were established by practice but not formalized or incorporated into the municipal code; and
WHEREAS, the narrow scope of administrative approval authority granted in Resolution 95-001 has resulted in routine projects being sent to the ARB for approval, which delays project approvals, places undue burden on staff time, and discourages applicants from making minor improvements to property; and WHEREAS, on September 25 and November 4, 2019, and February 18, 2020, the ARB made recommendations to increase thresholds for administrative approvals to streamline the design review process; and
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Packet Pg. 1862 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 3 WHEREAS, the economic impacts of the COVID-19 pandemic have devastated nearly all of the City’s revenue streams, including sales tax, transient occupancy tax, parking revenue, and business license revenue; and
WHEREAS, after reviewing these impacts at its April 14, 2020 meeting, Council directed staff to develop a plan to restructure City operations to meet the challenges posed by COVID-19 and to balance the budget; and
WHEREAS, on May 5, 2020, the City Council adopted a restructuring plan (the “Restructuring Plan”) to: merge the Planning and Community Development Department and Building and Safety, City Planning, Economic Development, and Mobility divisions into the Community Development Department, and merge the Community & Cultural Services Department and the Housing Division into the Community Services Department; and
WHEREAS, the Restructuring Plan included a proposal to reimagine the City’s design review process, including a reduction in the projects that are reviewed by the ARB; and
WHEREAS, on June 25, 2020, the City Council adopted the FY 2020-21 through FY 2024-25 Five-Year Forecast, the FY 2020-21 Proposed Budget, and the FY 2020-22 Proposed Biennial Capital Improvement Program (CIP) Budget, and approved City staff’s recommendation regarding a restructured design review process; and WHEREAS, to begin restructuring the design review process, the City desires to increase the thresholds for administrative approval of projects that are limited in scope or routine in nature; and
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Packet Pg. 1863 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 4 WHEREAS, this increase in administrative approval authority will shorten review timelines and reduce burdens for both staff and applicants while enabling the ARB to focus on larger and more complex projects; and
WHEREAS, on July 25, 2017, the City Council adopted the Downtown Community Plan, which sets forth a vision for the continued vitality of the Third Street Promenade as a major public space framed by a mix of retail, restaurant and services that form unique experiences enjoyable to both residents and visitors; and WHEREAS, the success of the Third Street Promenade relies, in part, on the human-scale environment created by the buildings with frontage along the Promenade, representing the traditional height and scale of the early 20th century, some of which retain their historic façades at ground level or on upper floors; and WHEREAS, the Main Street Neighborhood Commercial District is a neighborhood commercial street that is home to many boutiques, restaurants, and neighborhoodserving businesses; and WHEREAS, Main Street has both local and regional appeal, providing an eclectic mix of activities that is unique to Southern California; and WHEREAS, the Main Street Neighborhood Commercial District is intended to maintain and enhance Main Street’s small-scale neighborhood shopping district with a scale and character of development that is pedestrian-oriented and which tends to attract and promote a walk-in clientele; and
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Packet Pg. 1864 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 5 WHEREAS, properties listed on the City’s Historic Resources Inventory (“HRI”) exhibit potential historic, architectural, or cultural significance in Santa Monica; and WHEREAS, each property listed on the HRI has been evaluated by professionals using nationwide standards and criteria to determine potential significance; and WHEREAS, due to their unique characteristics that contribute to the City’s reputation as a place of beauty, spaciousness, and quality, properties along the Third Street Promenade, in the Main Street Neighborhood Commercial District and on the HRI require a lower threshold for design review by the ARB; and WHEREAS, the City desires to establish formal procedures for administrative approval that will be incorporated into Chapter 9.55 to ensure consistency and transparency; and
WHEREAS, the City further desires to make other minor changes, additions, and corrections to Chapter 9.55 to modernize and streamline language and to ensure consistency with the Zoning Ordinance and other administrative changes that have occurred since Chapter 9.55 was last updated.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

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Packet Pg. 1865 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 6 SECTION 1. Santa Monica Municipal Code Chapter 9.55 is hereby amended to read as follows:

Chapter 9.55 Architectural Review

9.55.010 Purpose
The purpose of this Chapter is to promote the public health, safety, and general welfare by establishing such procedures and providing such regulations as are deemed necessary to preserve existing areas of natural beauty, cultural importance; to assure that buildings, structures, signs or other developments are in good taste, good design, harmonious with surrounding developments, and in general contribute to the preservation of Santa Monica’s reputation as a place of beauty, spaciousness, and quality; to prevent the development of structures or uses that are not of acceptable exterior design or appearance, are of inferior quality, or are likely to have a depreciating effect on the local environment or surrounding area by reason of appearance or value; to eliminate conditions, structures, or uses, which by reason of their effect tend to degrade the health, safety, or general welfare of the community; and to provide a continuing source of programs and means of improving the City’s overall appearance.

9.55.020 Definitions
Definitions in Section 9.52.020 apply to the words and phrases used in this Chapter, except that, for purposes of this Chapter, “Director” means the Director of the City’s Community Development Department or designee.

9.55.030 Architectural Review Board—Membership
An Architectural Review Board is hereby established which shall consist of seven members. At least two of the members shall be professional architects. Other members DocuSign Envelope ID: C7EB0612-9794-42FE-9C2D-CCCFBC4A6557

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Packet Pg. 1866 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 7 of the Architectural Review Board shall be persons who, as a result of their training, experience, and attainments, are qualified to analyze and interpret architectural and environmental trends and information, to appraise resource uses in light of the policies set forth in this Chapter, and to be responsive to the social, aesthetic, recreational, and cultural needs of the community. Other expertise such as conservation, recreation, design, landscaping, the arts, urban planning, cultural-historical preservation, and ecological and environmental science shall, insofar as practicable, be represented on the Architectural Review Board. The Landmarks Commission may select one of its members to provide active liaison with the Architectural Review Board when the Architectural Review Board is considering additions to or modifications of historic resources. The Landmarks Commissioner chosen shall neither have a vote on the Architectural Review Board nor be eligible to be its chairperson.

9.55.040 Guidelines and Standards
The Architectural Review Board may, by resolution, establish guidelines and standards for its evaluation of proposed developments within an architectural review district, to supplement the criteria in Section 9.55.140. Such guidelines and standards shall reflect and effectuate the purposes expressed by Section 9.55.010 and shall include, but need not be limited to, consideration of the following elements:

A. The integrity of neighborhood environments;
B. Existing local, social, aesthetic, recreational and cultural facilities, designs, and patterns within the architectural review district;
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Packet Pg. 1867 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 8 C. The disparate elements of neighborhood communities within the architectural review district and the architectural relationship of adjoining neighborhood communities; and
D. General patterns and standards of architectural development within the entire architectural review district.

9.55.050 Reserved

9.55.060 Appointment and Term of Office
The members of the Architectural Review Board shall be subject to removal by motion of the City Council by at least five affirmative votes. Except as otherwise provided in the City Charter, the members of the Architectural Review Board shall serve for a term of four years, commencing on July 1 and until their respective successors are appointed and qualified. The members first appointed to the Board shall so classify themselves by lot that the term of one of their number shall expire on the next succeeding July 1, and the balance of the Board shall be paired by lot and serve terms to such an extent as is necessary in order that the terms of at least one such pair shall expire in each succeeding year. Thereafter, any appointment to fill an unexpired term shall be for such unexpired period.

9.55.070 Rules
The Architectural Review Board shall adopt rules and regulations for the conduct of its business. Four voting members shall constitute a quorum. The affirmative or negative vote of a majority of the entire membership of the Architectural Review Board shall be necessary for it to take action. No item shall be included on the consent calendar of the Architectural Review Board’s agenda unless all members agree to the inclusion of DocuSign Envelope ID: C7EB0612-9794-42FE-9C2D-CCCFBC4A6557

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Packet Pg. 1868 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 9 such item. If any member of the Architectural Review Board objects to scheduling a particular application on the Architectural Review Board’s consent calendar, said application shall be removed from the consent calendar and set for public hearing, and the Architectural Review Board shall be granted an additional 15 days to execute action on the application.

9.55.080 Officers, Election of Officers
As soon as practicable following the appointment or reappointment of members each year, the Architectural Review Board shall organize and elect from its own membership a Chairperson and a Chairperson Pro Tem.

9.55.090 Secretary
The Director shall serve or appoint staff to serve as the official secretary to the Architectural Review Board. The records of all proceedings and basis for all findings shall be available to the City Council and to the public.

9.55.100 Meetings
The Architectural Review Board shall meet at established intervals or as otherwise determined by the Architectural Review Board, on regularly scheduled dates. Meetings shall be arranged in order to process applications within the time required by this Chapter.

9.55.110 Process for Establishment of Architectural Review Districts The Architectural Review Board upon its own motion may recommend to the City Council, after the review and comment of the Planning Commission thereon, any commercial, industrial, residential, or other area, or a combination of areas within the corporate boundaries of the City for inclusion in an architectural review district. The City Council, upon such recommendation, or upon its own motion, may establish one or more DocuSign Envelope ID: C7EB0612-9794-42FE-9C2D-CCCFBC4A6557

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Packet Pg. 1869 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 10 architectural review districts by ordinance, which may include any or all portions of the City.

9.55.120 Project Review by and Approval of Architectural Review Board A. Except as provided by Section 9.55.190 on administrative approval, no building permit shall be issued for any project in an architectural review district unless plans, elevations, or landscaping, have been approved by the Architectural Review Board or on appeal by the Planning Commission. In addition to those projects subject to administrative approval by the Director under Section 9.55.190, the Architectural Review Board, under authority of Section 9.55.070 of this Chapter, may, by resolution, authorize the Director to approve applications for building permits for minor or insignificant projects in an architectural review district, so long as such projects do not defeat the purposes and objectives of this Chapter.

B. No completed project that is subject to and receives the Architectural Review Board’s approval shall receive a certificate of occupancy or final building inspection approval until the Director certifies that such construction has complied with the conditions and restrictions, if any, imposed by the Architectural Review Board or on appeal by the Planning Commission, and that the final construction is in conformity with the plans approved by the Architectural Review Board or on appeal by the Planning Commission.

C. Plans or proposals that require a Development Review Permit shall first be considered by the Architectural Review Board for a recommendation to the Planning Commission on the appropriateness of proposed urban design elements, including, but not limited to, siting, massing, scale, circulation, and general relationship to adjacent structures and the adjacent street.

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Packet Pg. 1870 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 11 D. Following a determination by the Planning Commission or applicable review authority, plans or proposals shall thereafter, when appropriate, be considered by the Architectural Review Board. The Architectural Review Board shall be authorized to approve, conditionally approve, or disapprove exterior elevations, landscaping, and general appearance and to impose such conditions as it believes reasonable and necessary, so long as any such conditions are not in conflict with any of the conditions or requirements of the Planning Commission or applicable review authority.

E. The Architectural Review Board also shall have the authority to undertake review and approval of projects as authorized by the Zoning Ordinance or of sign permits as authorized by Chapter 9.61.

9.55.130 Procedure for Project Review
A. Preliminary sketches of the design of a proposed project may be submitted to the Community Development Department for informal review so that an applicant may be informed of Architectural Review Board policies prior to preparing working drawings.

B. The applicant for a building permit when subject to requirements of this Chapter shall submit to the Community Development Department an application for Architectural Review Board approval. The application shall include a site plan in accordance with Section 9.55.150, exterior elevations, and such other data as will assist the Architectural Review Board in evaluating the proposed project. Exterior elevation drawings shall be publicly available when Architectural Review Board agendas are published.

C. Preliminary plans and elevations shall be drawn to scale and shall be of sufficient clarity to indicate the nature and extent of the project and show in detail how it DocuSign Envelope ID: C7EB0612-9794-42FE-9C2D-CCCFBC4A6557

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Packet Pg. 1871 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 12 will conform to the provisions of this Chapter. The first sheet of each set of plans shall give the street address of the project and the name and address of the owner and the person who prepared the plans. The plot plan shall conform to Section 9.55.150.

Submitted plans not in compliance with these requirements may be rejected by the Director.

9.55.140 Criteria
A. The Architectural Review Board may approve, approve with conditions, or disapprove an application submitted to it pursuant to Section 9.55.120 after consideration of whether the project complies with the following criteria:

1. The plan for the proposed project is expressive of good taste, good design, and in general contributes to the image of Santa Monica as a place of beauty, creativity, and individuality;

2. The proposed project is not of inferior quality such as to cause the nature of the local neighborhood or environment to materially depreciate in appearance and value;

3. The proposed design of the project is compatible with developments on land in the general area; and

4. The proposed project is in conformity with the effective guidelines and standards adopted pursuant to this Chapter and all other applicable ordinances relating to the location and appearance of the project involved.

B. If the Architectural Review Board finds that the project complies with the criteria in subsection (A) above, the Architectural Review Board shall approve the application. The Architectural Review Board may impose conditions when the proposed DocuSign Envelope ID: C7EB0612-9794-42FE-9C2D-CCCFBC4A6557

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Packet Pg. 1872 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 13 project does not comply with the above criteria and any such conditions are limited to those that will bring the proposed project into conformity therewith. If an application is disapproved, the Architectural Review Board shall detail in its findings, as applicable, the criteria with which the project does not comply or the guidelines that are violated. Any action taken by the Architectural Review Board in regard to a proposed project shall be in writing and include findings, signed by the Chairperson, and a copy thereof shall be provided to the applicant by email utilizing the email address provided on the application, in person, or by United States mail, upon request.

C. A decision or order of the Architectural Review Board shall not become final until 10 days after the date upon which a ruling has been made, unless an appeal is filed pursuant to Section 9.55.160.

9.55.150 Site Plans
A. A site plan shall be drawn to scale and shall indicate the following sufficiently for consideration of urban design, visual, and safety factors:

1. Dimensions and orientation of the parcel;

2. Location of buildings and structures both existing and proposed;

3. Location of off-street parking and loading facilities;

4. Location of points of entry and exit for motor vehicles and internal circulation factors;

5. Location of walls and fences and the indication of their height and the materials of their construction;

6. Indication of exterior lighting standards and devices adequate to review possible hazards and disturbances to the public and adjacent properties; DocuSign Envelope ID: C7EB0612-9794-42FE-9C2D-CCCFBC4A6557

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Packet Pg. 1873 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 14 7. Location and size of exterior signs, including any outdoor advertising;

8. A preliminary landscaping plan; and

9. Such other architectural and engineering data as may be required to permit necessary findings that the project complies with the provisions of this Chapter.

9.55.160 Appeals
The applicant or any interested person may appeal any ruling of the Architectural Review Board made pursuant to this Chapter to the Planning Commission. Notice of any appeal from the ruling of the Architectural Review Board must be filed within 10 days of the date that such ruling is made, and must be accompanied by the fee established by the Santa Monica Municipal Code. When such an appeal is made from a ruling of the Architectural Review Board, the Planning Commission shall set a hearing date within 30 days of the receipt of said notice of appeal. The Planning Commission shall hear the appeal at the earliest practical date. The Planning Commission shall decide the appeal within 30 days after said hearing and shall base its decision on the evidence submitted to it at said hearing and on the record from the Architectural Review Board and such other records as may exist in the case. The decision of the Planning Commission on any such appeal from a ruling by the Architectural Review Board shall be final.

9.55.170 Architectural Review District Boundaries
Pursuant to Section 9.55.110 of the Santa Monica Municipal Code, an architectural review district is hereby established. Said architectural review district shall be composed of all commercial, industrial, and residential areas within the corporate boundaries of the City, with the exception of those areas designated as R1 Districts by Article 9 of the Santa Monica Municipal Code, and those structures for which a certificate of appropriateness is DocuSign Envelope ID: C7EB0612-9794-42FE-9C2D-CCCFBC4A6557

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Packet Pg. 1874 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 15 obtained from the Landmarks Commission (or City Council on appeal) pursuant to Chapter 9.56 of the Santa Monica Municipal Code. Noncontributing structures located within Historic Districts shall be subject to architectural review unless otherwise exempted by the ordinance that establishes procedures for the alteration of structures within the Historic District. Single-unit structures, including accessory structures, in all districts in the City, except for those structures located in the area described in Section 9.08.030(A)(2), are also exempt from architectural review district boundaries.

9.55.180 Posting of Property
Within 10 days after an application for architectural review has been filed, the applicant shall post the property with a preprinted sign or signs prepared by the City measuring 30 inches by 40 inches in size. Except as set forth in this Section, the posting shall be in accordance with the requirements as to content, location(s), number of signs, height, lettering and posting period as established by the Director to ensure adequate notice. The application shall not be considered complete unless the site has been posted pursuant to this Section. Landscape applications and applications subject to administrative approval under Section 9.55.190 are exempt from the requirements of this Section.

9.55.190 Administrative Approval
A. The Director is authorized to review and approve the following projects in an architectural review district by administrative approval:

1. Additions to structures or accessory structures (other than those exempted from review by Section 9.55.170) if the addition is either:

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Packet Pg. 1875 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 16 a. Behind an existing structure and not substantially visible from any public right-of-way (other than an alley), except for structures located in the R1 (Single-Unit Residential) District that are subject to review by the Architectural Review Board in accordance with Section 9.07.030(A); or b. Within an existing courtyard, not visible from the public rightof-way (other than an alley), and maintains required and usable open space.

2. Additions to structures that are visible from a public right-of-way (other than an alley) if the addition is:
a. Less than 1,000 square feet, consistent with the existing structure’s design and proportions, and the structure is not located within the Downtown Community Plan area; or
b. Less than 5,000 square feet, consistent with the existing structure’s design and proportions, and the structure is located within the Downtown Community Plan.

3. Mechanical and electrical equipment on an existing structure that is substantially screened from view, and when required, rooftop screening on an existing structure that is in keeping with the design of the existing structure,

4. Replacement of existing materials with similar or consistent materials, provided that the new materials are of a comparable quality, texture, and craftsmanship as the existing structure.

5. Alterations to the design or materials of a façade of an existing structure if that structure is either:

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Packet Pg. 1876 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 17 a. Not located in the Main Street Neighborhood Commercial District or the BC (Promenade) District with frontage along the Third Street Promenade; or
b. Located in the Main Street Neighborhood Commercial District or the BC (Promenade) District with frontage along the Third Street Promenade, provided that the alterations are consistent with the structure’s existing design.

6. New window frames, door frames, windows, and doors on existing structures, provided that the new elements are of high quality and are consistent with the materials on the existing structure.

7. New awnings without signage that are not backlit and of a design and color consistent with the existing structure, including any existing awnings.

8. New construction of and alterations to outdoor dining areas permitted under Section 9.31.200, including, but not limited to, railings, awnings, lighting, and other structures and appurtenances thereto.

9. New freestanding walls or extensions to existing freestanding walls that are consistent with existing architecture.

10. Landscape and irrigation plans for:
a. New landscaping less than 750 square feet in area that is visible from the public right-of-way (other than an alley), conforms to the City’s landscaping standards, and maintains existing mature trees wherever possible;
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Packet Pg. 1877 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 18 b. New landscaping that is not visible from the public right-ofway (other than an alley), conforms to the City’s landscaping standards, and maintains existing mature trees wherever possible; or
c. New landscaping for single-unit dwellings (other than those exempted from review by Section 9.55.170) that conforms to the City’s landscaping standards.

11. Notwithstanding anything to the contrary in this subsection (A), the only projects subject to administrative approval for existing structures on the historic resource inventory are projects involving minor or insignificant alterations to the design or materials of a façade.

B. Any application for administrative approval pursuant to this Section shall comply with the requirements of Section 9.55.130.

C. The Director may approve, approve with conditions, or disapprove an application submitted to it pursuant to subsection (A) after consideration of whether the project complies with the criteria in Section 9.55.140(A).

D. If the Director finds that the project complies with the criteria in Section

9.55.140(A), the Director shall approve the application. The Director may impose conditions when the proposed project does not comply with the criteria in Section

9.55.140(A) and any such conditions are limited to those that will bring such project into conformity therewith; except, however, for any project submitted pursuant to subsection (A)(3), the Director may reduce the height of the required screening based on the placement of the equipment on the roof, the existing height of the subject building and surrounding buildings, and the overall visibility of the equipment. If an application is DocuSign Envelope ID: C7EB0612-9794-42FE-9C2D-CCCFBC4A6557

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Packet Pg. 1878 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 19 disapproved, the Director shall detail in its written findings, as applicable, the criteria with which the project does not comply or the guidelines, if any, that are violated. Any action taken by the Director to conditionally approve or deny a proposed project shall be in writing and include findings and conditions, as applicable. A copy of the Director’s decision shall be provided to the applicant by email utilizing the email address provided on the application, in person, or by United States mail, upon request.

E. The Director’s decision shall be effective and final upon issuance and not subject to administrative appeal.

F. No completed project that is subject to and receives the Director’s administrative approval shall receive a certificate of occupancy or final building inspection approval until the Director certifies that such construction has complied with the conditions and restrictions, if any, imposed by the Director, and that the final construction is in conformity with the plans approved by the Director.

SECTION 2. Any provision of the Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 3. 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 DocuSign Envelope ID: C7EB0612-9794-42FE-9C2D-CCCFBC4A6557

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Packet Pg. 1879 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 20 declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
_______________________
GEORGE S. CARDONA
Interim City Attorney
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Packet Pg. 1880 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) Approved and adopted this 13th day of October, 2020.
_____________________________
Kevin McKeown, Mayor
State of California )
County of Los Angeles ) ss.

City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2651 (CCS) had its introduction on September 8, 2020 and was adopted at the Santa Monica City Council meeting held on October 13, 2020, by the following vote:

AYES: Councilmembers Davis, Himmelrich, McCowan, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________ Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2651 (CCS) was duly published pursuant to California Government Code Section 40806.

DocuSign Envelope ID: C7EB0612-9794-42FE-9C2D-CCCFBC4A6557 10/15/2020

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Packet Pg. 1881 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 1 City Council Meeting: October 13, 2020 Santa Monica, California ORDINANCE 2652 (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER

9.61: SIGNS TO INCREASE ADMINISTRATIVE APPROVAL OF SIGN

APPLICATIONS, ESTABLISH STANDARDS FOR PERMITTED SIGNS ON THE

THIRD STREET PROMENADE, EXEMPT DIGITAL WAYFINDING KIOSKS

PLACED IN THE PUBLIC RIGHT OF WAY OR PUBLIC PROPERTY PURSUANT

TO LICENSE, AND MAKE OTHER MINOR CHANGES, ADDITIONS, AND

CORRECTIONS
WHEREAS, the City’s Sign Code was originally adopted in 1985 and as detailed in the administrative record and in Santa Monica Municipal Code (SMMC) Section 9.61.020, advances a variety of purposes and interests, including, but not limited to, protecting the health, safety, property, and welfare of the public; providing a neat, clean, orderly and attractive appearance of the community; improving the effectiveness of signs; providing for safe construction, location, erection, and maintenance of signs; preventing the proliferation of signs and sign clutter; and minimizing adverse visual safety factors to travelers of public streets and sidewalks; and
WHEREAS, under SMMC Chapter 9.61, the Architectural Review Board (ARB) is required to review sign permit applications and issue sign permits unless a specific exemption applies; and
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Packet Pg. 1882 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 2 WHEREAS, SMMC Section 9.61.120 authorizes staff approval of sign applications that conform to the requirements of Chapter 9.61 and written guidelines established by the ARB and approved by the Planning Commission; and WHEREAS, in accordance with authority established by Section 9.61.120, in August 2004, the ARB adopted and the Planning Commission subsequently approved ARB Resolution Number 04-(Architectural Review Board Series) (“Resolution 04-001”), setting forth ARB guidelines authorizing staff approval of sign applications for certain signs that met specified sign area and letter height restrictions; and WHEREAS, the ARB has approved the majority of sign projects for review on consent in recent years; and
WHEREAS, on September 25, 2019, the ARB discussed the expansion of staff approval authority on sign applications and was supportive of expanding staff approval authority for sign applications compliant with Chapter 9.61; and WHEREAS, the economic impacts of the COVID-19 pandemic have devastated many of the City’s revenue streams, including sales tax, transient occupancy tax, parking revenue, and business license revenue; and
WHEREAS, after reviewing these impacts at its April 14, 2020 meeting, Council directed staff to develop a plan to restructure City operations to meet the challenges posed by COVID-19 and to balance the budget; and
WHEREAS, on May 5, 2020, the City Council adopted a restructuring plan (the “Restructuring Plan”) to: merge the Planning and Community Development Department and Building and Safety, City Planning, Economic Development, and Mobility divisions into the Community Development Department, and merge the Community & Cultural DocuSign Envelope ID: C3359678-0594-4843-8811-1F2617107BD8

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Packet Pg. 1883 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 3 Services Department and the Housing Division into the Community Services Department; and
WHEREAS, the Restructuring Plan included a proposal to increase staff level review of projects and applications that otherwise would be reviewed by the ARB; and WHEREAS, on June 23, 2020, the City Council adopted the FY 2020-21 through FY 2024-25 Five-Year Forecast, the FY 2020-21 Proposed Budget, and the FY 2020-22 Proposed Biennial Capital Improvement Program (CIP) Budget, and approved City staff’s recommendation regarding a restructured design review process for the ARB; and WHEREAS, to begin restructuring the ARB’s review of sign projects, the City desires to increase the thresholds for administrative approval of sign permit applications compliant with Chapter 9.61 and to incorporate the sign area and letter height restrictions in Resolution 04-001 into Chapter 9.61; and
WHEREAS, this increase in administrative approval authority may shorten review timelines and reduce burdens for both staff and applicants while enabling the ARB to focus on larger and more complex projects; and
WHEREAS, on July 25, 2017, the City Council adopted the Downtown Community Plan, which sets forth a vision for the continued vitality of the Third Street Promenade as a major public space framed by a mix of retail, restaurant, and services that form unique experiences enjoyable to both residents and visitors; and WHEREAS, in 2018, the City and Downtown Santa Monica, Inc. commenced a planning effort, “Promenade 3.0”, to study the future of the Third Street Promenade; and DocuSign Envelope ID: C3359678-0594-4843-8811-1F2617107BD8

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Packet Pg. 1884 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 4 WHEREAS, on November 5, 2019, the City Council held a “Promenade 3.0” study session at which review of restrictions relating to signage on the Third Street Promenade was identified as an objective; and
WHEREAS, the Third Street Promenade is unique in both its function and layout with the sidewalk and roadway open to pedestrians and with co-planar façades that make business visibility challenging to pedestrians; and WHEREAS, the Sign Code has recognized the uniqueness of the Third Street Promenade by providing that the standards in the Bayside District Specific Plan prevail over certain conflicting provisions in Chapter 9.61; and WHEREAS, the Bayside District Specific Plan is outdated and superseded by the Downtown Community Plan; and
WHEREAS, amending Chapter 9.61 to permit in the Third Street Promenade certain portable and upper-level signs and to increase the number of information signs, which can be placed on outdoor dining barriers, will increase business visibility and foster economic sustainability and the continued vitality of the Third Street Promenade; and
WHEREAS, exempting from Chapter 9.61 digital wayfinding kiosks installed in the public right-of-way or public property pursuant to a licensing agreement with the City will benefit the public health, safety, and general welfare because, among other reasons, information on such kiosks can be updated in real time and may generate revenue for the City; and
WHEREAS, in revising Chapter 9.61, the City Council has been mindful of legal principles relating to regulating signs and does not intend to suppress or DocuSign Envelope ID: C3359678-0594-4843-8811-1F2617107BD8

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Packet Pg. 1885 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 5 infringe upon any expressive activities protected by the First Amendment of the United States and California Constitutions; and
WHEREAS, Chapter 9.61 has not been amended since the Supreme Court’s decision in Reed v. Town of Gilbert, 576 U.S. 155, 135 S. Ct. 2218 (2015) and revisions to Section 9.61.160 align the temporary sign restrictions with that decision; and WHEREAS, the City further desires to make other minor changes, additions, and corrections to Chapter 9.61 to modernize and streamline language and to ensure consistency with the Zoning Ordinance and other administrative changes that have occurred since Chapter 9.61 was last updated.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Santa Monica Municipal Code Chapter 9.61 is hereby amended to read as follows:

Chapter 9.61 SIGNS

9.61.010 Applicability of Chapter
This Chapter, referred to as the Santa Monica Sign Code or Chapter, shall apply to any new sign proposed to be placed, changed, altered, or displayed in the City as of the effective date of this Ordinance. Unless Section 9.61.240(b) applies, any sign placed or displayed prior to the effective date of this Ordinance shall be subject to Santa Monica Municipal Code Chapter 9.61 as it existed on the date of the approval of the sign permit or, if the sign is exempt from the permitting requirements of this Chapter, the date of sign placement or display.

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Packet Pg. 1886 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 6 9.61.020 Findings, Purposes, and Policies
The City Council finds and declares:

A. It is the intent of the Santa Monica Sign Code to preserve and enhance the aesthetic, traffic safety, and environmental values of the City while at the same time providing for channels of communication to the public, including, but not limited to, identifying and advertising businesses within the City. The purpose of this Code is to provide minimum standards to safeguard life, health, property, and public welfare through the regulation and control of the design, materials, construction, size, location, and maintenance of signs and sign structures; B. It is the City’s policy to regulate signs in a manner that is consistent with the free speech provisions of the United States Constitution and the liberty of speech provisions of the California Constitution, by enacting regulations that are content neutral;
C. An excess of large, ugly, intense signs causes a visual blight on the appearance of the City by detracting from views of structures and open space. This visual blight adversely affects the aesthetic quality of life and traffic safety in Santa Monica for residents, businesses, pedestrians, tourists, and persons in vehicles. In order to promote the appearance of the City, while protecting the rights of sign owners to expression and identification, the regulation of existing and proposed signs is necessary to protect the public health, safety, and general welfare; D. The purpose of the Santa Monica Sign Code is to encourage signs that are integrated with and harmonious to the buildings and sites that they occupy, to eliminate excessive and confusing sign displays, to preserve and improve the DocuSign Envelope ID: C3359678-0594-4843-8811-1F2617107BD8

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Packet Pg. 1887 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 7 appearance of the City as a place in which to live and to work and as an attraction to nonresidents who come to visit or trade, and to restrict signs that increase the probability of accidents by distracting attention or obstructing vision; E. The Santa Monica Sign Code provides minimum standards to safeguard life, safety, property, and public welfare by reviewing design and by regulating size, construction, location, electrification, operation, and maintenance of all signs and sign structures exposed to public view within the City. The visual appearance and traffic safety of the City cannot be achieved by measures less restrictive than the procedures and standards of this Chapter;
F. The City has extensive and wide-ranging programs regulating the aesthetics of its public streetscape and private development; and
G. It is also the intent of the City to regulate signs consistent with California Business and Professions Code Sections 5490 through 5499 to the maximum extent permitted by State law.

9.61.025 Substitution Clause
To ensure that the Santa Monica Sign Code is neutral with respect to noncommercial messages, subject to the property owner’s consent, a noncommercial message of any type may be substituted for any duly permitted or allowed commercial message or any duly permitted or allowed noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this Chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over DocuSign Envelope ID: C3359678-0594-4843-8811-1F2617107BD8

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Packet Pg. 1888 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 8 noncommercial speech. This provision does not create a right to increase the total amount of signage on a parcel, lot, or land use; does not affect the requirement that a sign structure or mounting device be properly permitted; does not allow a change in the physical structure of a sign or its mounting device; does not allow the substitution of an off-premises commercial message in place of an on-premises commercial message; does not allow one particular on-premises commercial message to be substituted for another without otherwise complying with this Sign Code; and does not excuse compliance with an approved sign program.

9.61.030 Definitions
The definitions in Section 9.52.020 apply to the words and phrases used in this Chapter, unless otherwise specified herein. In addition, the following words and phrases have the following meanings when used in this Chapter:

9.61.030.010 Abandoned Sign. A sign that no longer advertises or identifies a legal business establishment, product, or activity.

9.61.030.020 Alteration. Any change in copy, color, size, or shape that changes the appearance of a sign, or a change in position, location, construction, or supporting structure of a sign, except that a copy change on an attraction or reader board is not an alteration.

9.61.030.030 Animated Sign. Any sign that has any visible moving part, flashing or oscillating lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means.

9.61.030.040 Attraction or Reader Board. Any sign having changeable copy for the purpose of advertising events, sales, services, or products provided on the site.

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Packet Pg. 1889 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 9 9.61.030.050 Awning Sign. Any sign painted on or attached to or supported by an awning.

9.61.030.060 Balloon Sign. A lighter-than-air gas-filled balloon tethered in a fixed location.

9.61.030.070 Billboard or Poster Panel. An off-premises sign.

9.61.030.080 Building Frontage. The linear dimensions of a building that faces upon a public street, projected along the street property line. Where a building faces two or more streets, the frontage containing the principal street address shall be designated as the building frontage.

9.61.030.090 Building Identification Sign. Any sign containing the name or address of a building and may include hours of operation and emergency information, such sign being located on the same site as the structure.

9.61.030.0100 Cabinet Sign. A sign that contains all text, logo, or symbols within a single enclosed cabinet and may or may not be illuminated. The terms “cabinet sign” and “sign can” are used interchangeably.

9.61.030.0110 Changeable Copy Sign. An attraction or reader board.

9.61.030.0120 Commercial Sign. Any sign with wording, logo, symbol, image, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, profession, commodity, event, person, institution, or other commercial activity, or otherwise contains commercial speech.

9.61.030.0130 Commercial Speech. Any message, including, but not limited to, wording, logo, symbol, image, or other representation, proposing a commercial transaction or related to the economic interests of the speaker and its audience.

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Packet Pg. 1890 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 10 9.61.030.0140 Decal. A nontransferable authorization, affixed to a sign by the City, for a portable sign to be displayed as authorized by this Chapter.

9.61.030.0150 Director. The Director of the City’s Community Development Department or designee.

9.61.030.0160 Emitting Sign. A sign that emits sound, odor, or visible matter such as smoke or steam.

9.61.030.0170 Free-Standing Sign. Any sign that is permanently affixed in or upon the ground, supported by one or more structural members, with air space between the ground and the sign face.

9.61.030.0180 Grade. The level of the site at the property line located at the closest distance to the sign.

9.61.030.0190 Ground Sign. Any sign that is neither attached to nor part of a structure and that is permanently affixed in or upon the ground with no air space between the ground and the sign face.

9.61.030.0200 High-Rise Sign. Any sign located on a building four or more stories in height that is between the top of the parapet or high point of the building, exclusive of penthouse structures, and the horizontal line not more than 15 feet below the top of the parapet or high point of the building on the side of the building to which the sign is affixed.

9.61.030.0210 Illegal Sign. Any sign placed without proper approval or permits as required by the Santa Monica Municipal Code at the time of sign placement. Illegal sign also means any sign placed contrary to the terms or time limits of any permit and DocuSign Envelope ID: C3359678-0594-4843-8811-1F2617107BD8

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Packet Pg. 1891 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 11 any nonconforming sign that has not been brought into compliance with the provisions of Sections 9.61.240 and 9.61.250 of this Chapter.

9.61.030.0220 Illuminated Sign. Any sign for which an artificial source of light is used in order to make readable the sign’s message, including internally and externally lighted signs and reflectorized, glowing, or radiating signs.

9.61.030.0230 Information Sign. An exterior sign erected on or immediately adjacent to an entrance, exit, rest room, office door, telephone, outdoor dining barrier, or similar property feature.

9.61.030.0240 Light Bulb String. A display consisting of a row or rows of bare light bulbs.

9.61.030.0250 Logo, Logogram, or Logotype. An emblem, letter, character, pictograph, trademark, or symbol used to represent the firm, organization, entity, or product.

9.61.030.0260 Marquee. A permanent roof-like shelter extending from part or all of a building face and constructed of some durable material that may or may not project over a public right-of-way.

9.61.030.0270 Marquee Sign. Any sign painted on or attached to or supported by a marquee.

9.61.030.0280 Meritorious Sign. A freestanding, roof, upper level, projecting, or off-premises sign that was designated as a meritorious sign by City Council on March 22, 2000.

DocuSign Envelope ID: C3359678-0594-4843-8811-1F2617107BD8

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Packet Pg. 1892 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 12 9.61.030.0290 Mobile Billboard. Any sign with advertising that is attached to a mobile, nonmotorized vehicle, device, or bicycle, that carries, pulls, or transports a sign or billboard, and is for the primary purpose of advertising,

9.61.030.0300 Monument Sign. A ground sign having a horizontal dimension greater than its vertical dimension.

9.61.030.0310 Mural. A picture on an exterior surface of a structure that does not contain commercial speech.

9.61.030.0320 Neon Signs. A sign with tubing that is internally illuminated by neon or other electrically charged gas.

9.61.030.0330 Noncommercial Sign. Any sign that is not a commercial sign as defined herein. A mural is an example of a noncommercial sign.

9.61.030.0340 Noncommercial Speech. Any message that is not commercial speech as defined herein.

9.61.030.0350 Nonconforming Sign. A sign that was validly installed under laws or ordinances in effect at the time of its installation, but that is in conflict with the current provisions of the Santa Monica Sign Code.

9.61.030.0360 Off-Premises Sign. A commercial sign that displays any message directing attention to, or other commercial speech relating to, a business, product, service, profession, commodity, activity, event, person, or institution that is generally conducted, sold, manufactured, produced, offered, located, or occurs elsewhere than on the premises where such sign is located.

9.61.030.0370 On-Premises Sign. A commercial sign that is other than an offpremises sign or, if authorized pursuant to Section 9.61.200(A), displays any DocuSign Envelope ID: C3359678-0594-4843-8811-1F2617107BD8

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Packet Pg. 1893 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 13 message directing attention to, or other commercial speech related to, a business, product, service, profession, commodity, activity, event, person, or institution, and is placed within 12 feet directly in front of the frontage of the premises where such business, product, service, profession, commodity, activity, event, person, or institution is generally conducted, sold, manufactured, produced, offered, located, or occurs.

9.61.030.0380 Permanent Sign. Any legally placed sign that is intended to be and is so constructed as to be of a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position, and in a permanent manner affixed to the ground, wall, or building.

9.61.030.0390 Pole or Post Sign. A free-standing sign.

9.61.030.0400 Portable Sign. Any movable sign not permanently attached to the ground or a building.

9.61.030.0410 Projecting Sign. A sign that projects from and is supported by a wall or parapet of a building with the display surface of the sign in a plane perpendicular to or approximately perpendicular to the wall.

9.61.030.0420 Public Sign. A sign on public property open to the public that is erected or maintained by a public agency or that serves to fulfill a permit condition imposed by a public agency, such as a sign erected to preserve the safe and efficient control of traffic and parking or to provide notification of essential governmental services.

9.61.030.0430 Pylon Sign. A ground sign having a vertical dimension greater than its horizontal dimension.

DocuSign Envelope ID: C3359678-0594-4843-8811-1F2617107BD8

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Packet Pg. 1894 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 14 9.61.030.0440 Review Body. The body responsible for making decisions on sign permit applications, which, depending on the circumstances, may be: the Architectural Review Board, or the Planning Commission on appeal of a decision by the Architectural Review Board; the Director for signs or sign programs subject to administrative approval; the Landmarks Commission, or the Planning Commission on appeal of a decision by the Landmarks Commission, for signs or sign programs on a City-Designated Historic Resource; or the Landmarks Commission Secretary for signs or sign programs on a City-Designated Historic Resource subject to administrative approval.

9.61.030.0450 Revolving or Rotating Sign. An animated sign.

9.61.030.0460 Roof Sign. Any sign erected upon a roof, parapet, or roof-mounted equipment structure and extending above a roof, parapet, or roof-mounted equipment structure of a structure.

9.61.030.0470 Sign. Any name, figure, character, outline, display, announcement, or device, or structure supporting the same, or any other device of similar nature designed to attract attention outdoors, and all parts, portions, units, and materials composing the same, together with the frame, background, and supports or anchoring thereof.

9.61.030.0480 Sign Area. The surface area of a sign calculated by enclosing the extreme limits of all lettering, background, emblem, logo, representation, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines drawn at right angles. On signs with more than one face, the sign area shall be calculated as the sum of: (a) 100 percent of the surface area, as DocuSign Envelope ID: C3359678-0594-4843-8811-1F2617107BD8

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Packet Pg. 1895 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 15 calculated above, of that face or those faces visible from any one direction at one time, with the direction selected to be that which maximizes the sign area; and (b) 50 percent of the surface area, as calculated above, of all other faces.

9.61.030.0490 Sign Face. An exterior display surface of a sign, including nonstructural trim exclusive of the supporting structure.

9.61.030.0500 Sign Program. A coordinated program of all signs, including exempt and temporary signs for a business or businesses, if applicable, located on a site.

9.61.030.0510 Special Event Sign. A sign authorized through a community events permit issued pursuant to Santa Monica Municipal Code Chapter 4.68.

9.61.030.0520 Statue. A three-dimensional representation, including a sculpture. A statue that contains commercial speech is a sign.

9.61.030.0530 Temporary Sign. Any sign, not permanently attached to the ground or a structure, which is installed or placed for a limited duration.

9.61.030.0540 Total Sign Area. The sum of the sign areas of all externally viewable signs on a site, excluding the area of signs exempt from sign permit requirements under Sections 9.61.140, 9.61.150, and 9.61.160.

9.61.030.0550 Upper Level Sign. Any sign mounted on a building that is placed in whole or in part between thirty inches above the second-floor floor line and the top of a parapet or roof line, but does not include a high rise sign.

9.61.030.0560 Vehicle Sign. A mobile billboard or any sign permanently or temporarily attached to or placed on a vehicle or trailer for the basic purpose of advertising products or directing people to a business or activity located on the same DocuSign Envelope ID: C3359678-0594-4843-8811-1F2617107BD8

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Packet Pg. 1896 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 16 or nearby property where the vehicle or trailer is parked on a public right-of-way or public property or on a private property so as to be visible from a public right-of-way.

9.61.030.0570 Wall Sign. Any sign attached to or painted on the wall of a structure in a plane parallel or approximately parallel to the plane of said wall.

9.61.030.0580 Window Sign. Any sign viewable through or affixed in any manner to a window or exterior glass door such that it is viewable from the exterior, including signs located inside a building but visible primarily from the outside of the building.

9.61.040 Sign Permit
In addition to conforming with all other applicable requirements of the Santa Monica Municipal Code, including obtaining any other required permit, a sign permit shall be obtained from the Review Body prior to placing, changing, altering, or displaying any sign unless specifically exempted by this Chapter. No sign permit shall be required where the only work to be performed is the repair, maintenance, or replacement of a conforming sign, the repair or maintenance of a nonconforming sign, or the replacement or repair of a destroyed sign, except when such sign is required to be removed or modified to conform to the requirements of this Chapter in accordance with Section 9.61.240.

9.61.050 Landmarks Commission Review
In the case of any new sign or sign program proposed to be placed, changed, altered or displayed on a City-Designated Historic Resource, the Review Body shall be the Landmarks Commission, or where administrative approval is authorized in accordance with Section 9.61.120 the Landmarks Commission Secretary, through submission of a certificate of appropriateness application. Such applications as they relate to a sign or sign program shall be subject to the same standards specified in this Chapter. All sign or DocuSign Envelope ID: C3359678-0594-4843-8811-1F2617107BD8

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Packet Pg. 1897 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 17 sign program decisions by the Landmarks Commission may be appealed to the Planning Commission. Administrative approvals by the Landmarks Commission Secretary are not subject to appeal.

9.61.060 Fees
The City Council shall from time to time amend by resolution following a public hearing a schedule of fees for applications, permits, sign adjustments, appeals, and other approvals under this Chapter.

9.61.070 Sign Permit Application Requirements
A. Applications for sign permits shall be accompanied by the following material:

1. Site Plan. Scale plans indicating the location of existing signs to be retained or removed and proposed new signs.

2. Existing Building Elevation. Scale drawings indicating locations of all existing signs on the site or building that are to be retained and indicating the location of all existing signs on the site or building that are to be removed. Dated and signed color photographs (not slide transparencies) at least three inches by three inches minimum in size of all existing signs.

3. Proposed Building Elevations. Scale drawings indicating locations of proposed signs and existing signs that are to be retained on the site.

4. Sign Illustration. Scale drawing indicating dimensions, colors, materials, copy, illumination, and exterior structural fixtures of each sign on the site.

5. Other Information. Other information required by the guidelines and standards of the Architectural Review Board, regulations promulgated pursuant DocuSign Envelope ID: C3359678-0594-4843-8811-1F2617107BD8

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Packet Pg. 1898 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 18 to Section 9.61.290, and, for City-Designated Historical Resources, guidelines and standards of the Landmarks Commission.

B. For all new projects and building remodels that directly affect existing signs and for any change to a sign in a multiple-unit dwelling, a sign program shall be required and accompany the application for a sign permit. The sign program shall include, but is not limited to, indications of locations, dimensions, colors, letter styles, and sign types of all signs to be retained, removed, and installed on a site.

C. The Director shall prepare and issue the application form required by this Section.

9.61.080 Review of Sign Permit Applications for Completeness The Secretary of the Architectural Review Board and, for sign applications relating to a City-Designated Historic Resource, the Secretary of the Landmarks Commission, shall review all sign applications to determine if the application is complete. .

9.61.090 Action on Sign Permit Applications
A. The Review Body shall approve, approve with modification or conditions, or deny the sign permit application. A sign application for a sign or sign program permitted by Section 9.61.170 that conforms to the total sign area provided by Section 9.61.190 and other provisions of this Chapter governing the size, construction, location, electrification, and operation of signs shall be approved without modifications or conditions, unless the Review Body makes one or more of the following findings:

1. That the shape, design, placement, color, style, or quantity of text, illumination, or reflected light of a sign or signs conflicts or interferes with traffic, DocuSign Envelope ID: C3359678-0594-4843-8811-1F2617107BD8

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Packet Pg. 1899 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 19 both vehicular or pedestrian, from a public safety standpoint, by distracting attention or obstructing vision;

2. That the shape, design, placement, color, style, or quantity of text, illumination, or reflected light of a sign or signs is incongruous with or detracts from the distinct architectural or historic design or character of the building to which the sign is affixed or of the neighborhood in which the sign is located; or

3. The sign or signs obscures other signs from primary view or dominates its immediate vicinity to such an extent as to detract from the visibility of other signs, historic resources, or public view corridors.

B. If the Review Body denies, modifies, or conditionally approves a sign application pursuant to this Section, it shall issue its decision in writing and shall state the findings of fact and reasons relied upon to reach its decision. The applicant shall have an opportunity to submit a revised application to remedy the inadequacies of the original sign application identified in the decision of the Review Body.

C. The Review Body shall not deny a sign application because of the contents or message of a sign or direct that the contents or message of a sign be altered or modified as a condition of approval.

D. The decision of the Review Body shall be filed with the Secretary of the Architectural Review Board.

E. A copy of the decision of the Review Body shall be provided to the applicant by email utilizing the email address provided on the application, in person, or by United States mail, upon request.

DocuSign Envelope ID: C3359678-0594-4843-8811-1F2617107BD8

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Packet Pg. 1900 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 20 9.61.100 Appeals
Any decision of the Architectural Review Board or Landmarks Commission under this Chapter may be appealed to the Planning Commission by the applicant or any interested person. Notice of any appeal from the ruling of the Architectural Review Board or Landmarks Commission must be filed within 10 calendar days of the date that such ruling is made, and must be accompanied, by the fee established by the Santa Monica Municipal Code. When such an appeal is made, the Planning Commission shall hear the appeal within 30 days of the receipt of said notice of appeal unless the appellant has agreed to extend the hearing date. The Planning Commission shall base its decision on the evidence submitted to it at said hearing, and upon the record from the Architectural Review Board or Landmarks Commission and such other records as may exist in the case. Any such decision of the Planning Commission shall comply with Section 9.61.090 and shall be final.

9.61.110 Time for Exercising Sign Permit and Proof of Compliance A sign permit shall become null and void if the sign for which the approval was granted and all conditions imposed in connection with the approval have not been completed within six months of issuance of the sign permit or, in the case of a sign approved for a building not yet completed, six months after the issuance of the certificate of occupancy.

Within 30 days of the completion of the sign, the applicant shall file with the Community Development Department a color photograph at least three inches by three inches minimum in size showing completion of the sign or sign program in accordance with the sign permit.

DocuSign Envelope ID: C3359678-0594-4843-8811-1F2617107BD8

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Packet Pg. 1901 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 21 9.61.120 Administrative Approval of Sign Permits
A. Except as provided in Section 9.61.050 or if otherwise exempted from the sign permit requirements of this Chapter, the Director, or where the sign or sign program relates to a City-Designated Historic Resource the Secretary of the Landmarks Commission, is empowered to review and approve the following signs and sign programs by administrative approval:

1. Signs that are permitted under and compliant with Section 9.61.170, except that administrative approval of permanent window signs is limited to such signs that do not completely obstruct the lower five feet of a window on the first floor;

2. Signs that are consistent with a sign program that has been approved by:
(a) the Architectural Review Board, or Planning Commission on appeal, in conjunction with the design review of the building to which the sign is affixed; or (b) the Landmarks Commission, or Planning Commission on appeal, in conjunction with review of a certificate of appropriateness for the CityDesignated Historic Resource to which the sign is affixed;

3. Sign programs in compliance with the requirements of this Chapter;

4. Alterations to signs and sign programs previously approved by the Review Body, provided that the proposed alteration (a) is limited to the specified colors, font types, lighting, and reductions in size of signs in a sign programs and is consistent with the sign program’s intent and design, or (b) is to the sign face and does not involve alterations to the frame, additional or altered illumination, or physical relocation of the sign;

5. Any signs authorized by Section 9.61.260; or
DocuSign Envelope ID: C3359678-0594-4843-8811-1F2617107BD8

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Packet Pg. 1902 Attachment: Exhibit O Part 2 of 3 2022.04.26 (5083 : Second Reading - St Johns DA) 22 6. Any other signs or sign programs that the Architectural Review Board, by resolution, authorizes the Director or the Secretary of the Landmarks Commission to administratively approve.

B. Any application for administrative approval pursuant to this Section shall comply with the requirements of Section 9.61.070.

C. The administrative decision of the Director or the Secretary of the Landmarks Commission shall be effective upon issuance and shall be final and not subject to administrative appeal.