Attachment B - Zoning Ordinance Redlines — Santa Monica City Council, February 14, 2023

Chapter 9.01

TITLE, PURPOSE, AND AUTHORITY
Sections:

9.01.010 Title and Authority

9.01.020 Purpose

9.01.030 Structure of Zoning Ordinance

9.01.040 Applicability

9.01.050 Special Development Standards for the Protection and Preservation of Historic Resources

9.01.060 Fees

9.01.040 Applicability
A. General Rules for Applicability of Zoning Regulations.

1. Applicability to Property.
a. This Ordinance shall apply, to the extent permitted by law, to all property within the corporate limits of the City and to property for which applications for annexation and/or subdivisions are submitted to the City, including all uses, structures and land owned by any private person, firm, corporation or organization, or the City or other local, State, or Federal agencies.
b. Governmental Agencies. Any governmental agency shall be exempt from the provisions of this Ordinance only to the extent that such property may not be lawfully regulated by the City.
c. City Government Uses. City government uses, including, without limitation, fire stations, police stations, and public safety facilities, may be permitted in any district subject to the approval of a conditional use permit.
d. Projects That Include Affordable Housing on City-Owned Property. In accordance with Program 2.E of the 6th Cycle 2021-2029 Housing Element, this Ordinance shall not apply to property owned by the City when used for projects that include housing affordable to 80% area median income (AMI) households, subject to a public process to be determined by the City Council, and upon a determination that the project is consistent with the General Plan. Any such exemption shall apply only for the life of the project approved in accordance with this paragraph.

2. Compliance with Regulations. Except as provided in this Zoning Ordinance, land or buildings may be used and structures may be erected or altered only in accordance with the following provisions:
a. No new building shall be erected and no existing building shall be moved, altered, or enlarged, nor shall any land, building or premises be used, designed, or attempted to be used or designed for any purpose or in any manner other than a use listed in this Chapter, as permitted in the district in which the land, building, or premises is located. The lawful use or uses of all buildings, improvements, and premises existing in any district at the time of the adoption of the ordinance codified in this Chapter may be continued except as provided by this Chapter.
1 b. No building shall be erected nor shall any existing building be moved, reconstructed, or structurally altered to exceed in height or floor area the limit established by this Chapter for the district in which such building is located.
c. No building shall be erected nor shall any existing building be moved, altered, enlarged, or rebuilt, nor shall any open spaces surrounding any buildings be encroached upon or reduced in any manner except in conformity with the property development standards for each district in which such building is located.
d. No yard or open space provided adjacent to any building for the purpose of complying with the regulations of this Chapter shall be considered as providing a yard or open space for any other building or structure.
e. No parcel or building shall be separated in ownership, or reduced in size in any manner, so that:
i. Any separate portion shall contain a parcel area or parcel dimension less than the minimum required for the district in which the property is located; ii. Any yard area is reduced below the minimum required for the district in which the project is located;
iii. The parcel fails to comply with any other requirement of this Chapter; iv. Any portion of a parcel that is necessary to provide the required area per dwelling unit is separated from the portion of the parcel on which the building is located. f. No lot or parcel of land held under common ownership which does not meet the requirements of the district in which it is located shall be separated in ownership or further reduced in size in any manner.
g. A building or use may cross property lines only if:
i. The building site shall be subject to all requirements of this Chapter as though the total area comprised in the site were a single parcel;
ii. A covenant by the owner(s) of the parcels shall be filed with the Zoning Administrator and recorded with the County Recorder’s office before any use or combination of parcels occurs. The covenant shall state the intention of the owner(s) to develop the parcels as a single building site and shall be in the form required by the Zoning Administrator.
h. A legally-created parcel of land existing prior to the effective date of this Ordinance having less area, frontage, or dimensions than required by this Ordinance in the zoning district in which the parcel is located, shall be considered a legal conforming parcel.

B. Relation to Other Regulations.

1. General. Where conflict occurs between the provisions of the Ordinance and any other regulations, City ordinance, chapter, resolution, guideline, or regulation, the more restrictive provisions shall control, unless otherwise specified. See, e.g., Section 9.56.270(F) (the State Historic Building Code applies to alterations to historic resources and properties on the Historic Resources Inventory).

2. Permit Streamlining Act. All actions taken by the decision-making body pursuant to this Ordinance shall be consistent with the provisions of Government Ordinance Section 65920 et seq. (the Permit Streamlining Act) to the extent applicable. 2 3. Relation to Private Agreements. Where this Ordinance imposes greater restriction than imposed by an easement, covenant, or agreement, this Ordinance shall control.

4. Relation to Prior Ordinance. The provisions of this Ordinance supersede all prior Zoning Ordinances codified in Article 9 of the Santa Monica Municipal Code and all prior amendments.

No provision of this Ordinance shall validate any land use or structure established, constructed, or maintained in violation of the prior Zoning Ordinance, unless such validation is specifically authorized by this Ordinance.

5. Application during Local Emergency. The City Council may authorize a deviation from a provision of this Ordinance during a local emergency declared and ratified under the Santa Monica Municipal Code.

C. Consistency with the General Plan. The Zoning Ordinance and any amendment thereto shall be consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan.

D. Effect on Previously Approved Projects and Projects in Progress. The following projects shall have a vested right to proceed without complying with this Ordinance:

1. Previously Approved Development. The erection, construction, enlargement, demolition, moving, conversion of, and excavation and grading for any building or structure for which a valid permit or building permit was issued prior to the effective date of this Ordinance and which does not subsequently expire. A permit that does not contain an express limit on the time for exercising the permit shall be deemed valid only if a building permit is obtained within one year of the effective date of this Ordinance;

2. Development Agreement. Development in accordance with the terms and conditions of a development agreement approved by the City Council pursuant to Chapter 9.60 of the Municipal Code prior to the effective date of this Ordinance;

3. Vesting Tentative Maps. Any residential project for which a vesting tentative map application was determined complete prior to the effective date of this Ordinance; and

4. Applications for Projects in Progress. Any application for a Planning entitlement, except a Development Agreement application, determined complete on or before April 15, 2015. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2536CCS § 1, adopted February 28, 2017)
3 Chapter 9.02

ESTABLISHMENT OF ZONING DISTRICTS
Sections:

9.02.010 Establishment of Districts

9.02.020 Official Districting Map

9.02.030 Zoning District Boundary Determinations

9.02.010 Establishment of Districts
The City is divided into zoning districts of such number and character as are necessary to achieve compatibility of uses within each district and implement the General Plan.

A. Base Zoning Districts. Base Zoning Districts into which the City is divided are established as shown in Table 9.02.010.A, Base Zoning Districts.

TABLE 9.02.010.A: BASE ZONING DISTRICTS
Short Name/Map Symbol Full Name
Single-Unit Residential District
R1 Single-Unit Residential
Multi-Unit Residential Districts
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
RMH Residential Mobile Home Park
Ocean Park Neighborhood Districts
OP1 Ocean Park Single-Unit Residential
OPD Ocean Park Duplex
OP2 Ocean Park Low Density Residential
OP3 Ocean Park Medium Density Residential
OP4 Ocean Park High Density Residential
Mixed-Use and Commercial Districts
MUBL Mixed-Use Boulevard Low
MUB Mixed-Use Boulevard
GC General Commercial
NC Neighborhood Commercial
Employment Districts
HMU Healthcare Mixed-Use
IC Industrial Conservation
OC Office Campus
Beach and Oceanfront Districts
OF Oceanfront
Public and Semi-Public Districts
CC Civic Center
PL Institutional/Public Lands
OS Parks and Open Space
Residential Mobile Home Park District
RMH Residential Mobile Home Park
Bergamot Area Plan Districts
BTV Bergamot Transit Village
MUC Mixed Use Creative
4 CAC Conservation: -Art Center
CCS Conservation: Creative Sector
PPCO Pedestrian Priority Corridor Overlay
RP Retail Priority Overlay
Downtown Community Plan Districts
LT
NV
BC
TA
OT
WT
Lincoln Transition
Neighborhood Village
Bayside Conservation
Transit Adjacent
Ocean Transition
Wilshire Transition
Downtown Specific Plan Districts (to be determined as part of Specific Plan process) Memorial Park Neighborhood Area Plan Districts (to be determined as part of Area Plan process) B. References to Classes of Base Districts. Throughout the Ordinance, the following references apply:

1. “R District” or “Residential District” shall include the following Districts: R1 Single-Unit Residential; R2 Low Density Residential; R3 Medium Density Residential; R4 High Density Residential; OP1 Ocean Park Single-Unit Residential; OPD Ocean Park Duplex; OP2 Ocean Park Low Density Residential; OP3 Ocean Park Medium Density Residential; OP4 Ocean Park High Density Residential; or OF Oceanfront.
a. “Residential Low-Density District” shall include the following Districts: R1 Single-Unit Residential; R2 Low Density Residential; OP1 Ocean Park Single-Unit Residential; OPD Ocean Park Duplex; OP2 Ocean Park Low Density Residential. b. “Residential Medium and High-Density Districts” shall include the following Districts: R3 Medium Density Residential; R4 High Density Residential; OP3 Ocean Park Medium Density Residential; OP4 Ocean Park High Density Residential; RMH Residential Mobile Home Park; or OF Oceanfront.

2. “Nonresidential District” shall include any base Zoning District except the Residential Districts specified in subsection (B)(1) above.

C. Overlay Zoning Districts. Overlay Zoning Districts, one or more of which may be combined with a base district, are established as shown in Table 9.02.010.B, Overlay Zoning Districts. The regulations of an Overlay District govern in addition to or instead of the standards set forth in the underlying base district as specified in the applicable Sections of this Ordinance.

TABLE 9.02.010.B: OVERLAY ZONING DISTRICTS
Short Name/Map Symbol Full Name
AC Activity Center
NC Neighborhood Conservation
A Off-Street Parking
BCH Beach
MHO Moderate Income Housing Overlay
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015) 5 Chapter 9.04

RULES FOR MEASUREMENT
Sections:

9.04.010 Purpose

9.04.020 General Provisions

9.04.030 Fractions

9.04.040 Measuring Distances

9.04.050 Measuring Height

9.04.060 Determining the Number of Stories in a Building

9.04.070 Measuring Parcel Width and Depth

9.04.080 Determining Floor Area

9.04.090 Determining Floor Area Ratio

9.04.100 Determining Residential Parcel Coverage

9.04.110 Determining Parcel Frontage

9.04.120 Determining Residential Density

9.04.130 Determining Setbacks

9.04.140 Measuring Off-Street Parking Landscaping

9.04.150 Determining Eligibility for a Housing Project with Existing Structures

9.04.150 Determining Eligibility for a Housing Project with Existing Structures For projects proposing a multiple-unit dwelling use on a parcel with an existing structure, to determine whether the project meets the definition of a Housing Project for purposes of this Ordinance, the floor area of the existing structure(s) that is dedicated to non-residential uses at the time of the application shall be excluded.
6 Chapter 9.07

SINGLE-UNIT RESIDENTIAL DISTRICT
Sections:

9.07.010 Purpose

9.07.020 Land Use Regulations

9.07.030 Development Standards

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 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 buildings and 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 homesdwellings, accessory 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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2536CCS § 14, adopted February 28, 2017; Ord. No. 2649CCS § 4, adopted September 8, 2020)

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. 7 “–” designates uses that are not permitted.

Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and sub-classifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses.

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

TABLE 9.07.020: LAND USE REGULATIONS—SINGLE-UNIT RESIDENTIAL DISTRICTS Use Classification R1 Additional Regulations
Residential Uses
Residential Housing Types See sub-classifcationsclassifications 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 districtSection 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential
Multiple-Unit Dwelling L(1) Section 9.31.195, Multiple-Unit Dwelling Projects Family Day Care See sub-classifcationsclassifications below.

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

Residential Care, Limited P Section 9.31.270, Residential Care Facilities Hospice, Limited P
Supportive Housing P
Transitional Housing P Section 9.31.110, Congregate and Transitional Housing Public and Semi-Public Uses
Adult Day Care CUP
Child Care and Early Education
Facility
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 Section 9.31.100, Community Assembly Community Gardens P
Park and Recreation Facilities,
Public
P
Schools, Public or Private CUP
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P
Utilities, Minor P
Specific Limitations
(1) Permitted only on parcels with existing surface parking lots:
• Owned in whole or in part by a Community Assembly use in accordance with requirements of Section

9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots; or • Associated with existing multiple-unit dwellings or commercial uses in accordance with requirements of Section 9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2536CCS § 15, adopted February 28, 2017; Ord. No. 2649CCS § 5, adopted September 8, 2020)
8 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 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 Allowable
Density
1 unit per parcel plus 1 accessory
dwelling unit and 1 junior accessory
dwelling unit subject to Section 9.31.025
Accessory Dwelling Units and Junior
Accessory Dwelling Units shall be permitted
as provided in Section 9.31.125, Accessory
Dwelling Units and Junior Accessory
Dwelling Units
A duplex may shall be permitted as provided
in Section 9.31.125, Duplexes and Lot Splits
on Parcels Zoned for Single-Unit
Residentialwith 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
(Applies to projects that do not
result in a demolition as defined
in Chapter 9.25, Demolition and
Relocation.)
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.

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.

Walls associated with roof structure design
such as gables and dormers are permitted
above 23 ft., provided such walls comply
with upper-story stepback requirements.
9 TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT Standard R1 Additional Regulations
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
Additional Minimum Stepbacks for Upper Stories
10 TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT Standard R1 Additional Regulations
Front Uupper-Sstory
sStepback
The sum of all stepback areas shall be
at least 1% of total parcel area and
comply with the following:
• Each stepback area shall have a
minimum depth of 3% of total parcel
depth and shall be measured from the
required front setback.
• Any stepback area exceeding 6% of
total parcel depth from the required
front setback shall not be included in
calculating compliance with this
standard.
• Any stepback area used to comply
with a side upper-story stepback
requirement shall not be included in
calculating compliance with this
standard.
• This standard shall apply to the
total front building elevation.The sum
of all stepback areas along the entire
front building elevation shall be at
least 1% of total parcel area and
comply with the requirements below.

However, if the entire upper story is
set back at least 3% of total parcel
depth from the required front setback,
no front upper-story stepback is
required.
• Each stepback area shall begin at
the required front setback and shall
comply with the following:
o The minimum stepback depth
shall be 3% of total parcel depth
and shall be measured from the
required front setback.
o The maximum stepback depth
shall be 6% of total parcel depth
and shall be measured from the
required front setback.
o Any stepback depth beyond 6%
of total parcel depth shall not be
included in calculating
compliance with this standard.
• Any stepback area used to comply
with a side upper-story stepback
requirement shall not be included in
calculating compliance with this
standard.
11 TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT Standard R1 Additional Regulations
Side uUpper-Sstory
Sstepbacks
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 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.The sum
of all stepback areas on each side
building elevation shall be at least 1%
of total parcel area and comply with
the requirements below. However, if
the entire upper story is set back at
least 20% of total parcel width from
the side parcel line, no side upperstory stepback is required for the subject elevation.
• Each stepback area shall begin at
each respective minimum side
setback line and shall comply with
the following:
o The minimum stepback depth
shall be 20% of total parcel width
and shall be measured from the
side parcel line.
o The maximum stepback depth
shall be 25% of total parcel width
and shall be measured from the
side parcel line.
o Any stepback depth beyond 25%
of total parcel width 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.
12 TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT Standard R1 Additional Regulations
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, firststory 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.

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
13 TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT Standard R1 Additional Regulations
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 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 Affordable Housing Production
Program Chapter 9.64, Affordable Housing Production Program Basements Section 9.52.020.0230, Basement Definition
Duplexes and Lot Splits on
Parcels Zoned for Single-Unit
Residential
Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential
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
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects
Located on Community
Assembly Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Multiple-Unit Dwelling Projects
Located on Residentially Zoned
Surface Parking Lots
Section 9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots
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.
14 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% 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;
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;
(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: (i) is open on at least three sides, (ii) has a height of no more than 14 feet, including parapets and railings, (iii) projects into the minimum front setback, and (iv) exceeds 50% of the front building width as measured at the front façade. 15 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; (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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord.

No. 2520CCS § 9, adopted June 14, 2016; Ord. No. 2524CCS § 2, adopted July 28, 2016; Ord. No. 2536CCS § 2, adopted February 28, 2017; Ord. No. 2624CCS § 3, adopted November 12, 2019; Ord. No. 2628CCS § 2, adopted January 28, 2020; Ord. No. 2649CCS § 6, adopted September 8, 2020) 16 Chapter 9.08

MULTI-UNIT RESIDENTIAL DISTRICTS
Sections:

9.08.010 Purpose

9.08.020 Land Use Regulations

9.08.030 Development Standards

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.

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 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 one unit for each 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 multiunit housing types with at least one unit for each 1,500 square feet of parcel area per unit exclusive of City and State density bonuses or one unit for each 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, neighborhood grocery stores, and community facilities that may be appropriate in a residential environment. 17 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 fourstory multi-unit housing projects, duplexes, and triplexes with at least one unit per 1,250 square feet of parcel area per unit exclusive of City and State density bonuses or one unit per 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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2649CCS § 7, adopted September 8, 2020)

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.
“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.

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 StructureDwelling P P P
Section 9.31.195, Multiple-Unit
Dwelling Projects
Senior Citizen Multiple-Unit Residential P P P Section 9.31.195, Multiple-Unit 18 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
Dwelling Projects
Single-Room Occupancy Housing P P P
Section 9.31.330, Single Room
Occupancy Structures
Group Residential MUP MUP MUP
Congregate Housing P P P
Section 9.31.110, Congregate and
Transitional Housing
Senior Group Residential P P P
Section 9.31.310, Senior Group
Residential
Elderly and Long-Term Care CUP CUP CUP
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
Section 9.31.110, Congregate and
Transitional Housing
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 19 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
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
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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2649CCS § 8, adopted September 8, 2020)

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.

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
20 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
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)
Minimum Parcel Width (ft.) 50 50 50
Minimum Parcel Depth (ft.) 100 100 100
Minimum Parcel Area (sq. ft.) per UnitMaximum Allowable Density Tier 1—Base Standard
1 unit per 2,000
sq. ft. of parcel
area (or 4 total
units, whichever
is less)
1 unit per 1,500
sq. ft. of parcel
area (or 5 total
units, whichever
is less)
1 unit per 1,250
sq. ft. of parcel
area (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.

For projects eligible for
density bonus, see Section

9.22.050(C), Calculating
Base Density
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 FloorMaximum Parcel
Coverage (% of Parcel Area) 4550 5050 5050
For projects with a base
density between 8 to 10
units, an increase in parcel
coverage shall be permitted
as necessary to ensure a
Floor Area Ratio of 1.25
Upper Stories (% of allowable
ground floor coverage) 90 - 2nd flr. 90 - 2nd/3rd flr.
80 - 2nd flr.
60 - 3rd flr.
50 - 4th flr.
21 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
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)
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)
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 Affordable Housing Production
Program Chapter 9.64, Affordable Housing Production Program Density Bonus Chapter 9.22 Density Bonus
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
22 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
Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects
Located on Community Assembly
Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Multiple-Unit Dwelling Projects
Located on Residentially Zoned
Surface Parking Lots
Section 9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Required Setbacks Section 9.21.110, Projections into Required Setbacks Refuse and Recycling Screening and
Enclosure Section 9.21.130, Resource Recovery and Recycling Standards 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 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 ResidentialDwelling; Senior Group Residential; Family Day Care, Small; Supportive Housing; Transitional Housing; Hospice, Limited; OneStory 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 square feet.
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:
i. No portion of the building may project beyond the site view envelope. The site view envelope is a theoretical plane beginning mid-point at the minimum required beach setback line and extending to a height of 30 feet, and then running parallel with the 23 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 Allowable 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 or parcels 40 feet or less in width, one dwelling unit may be permitted, . No more than one dwelling unit shall be permitted on a parcel 40 feet or less in width. unless otherwise allowed in accordance with Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential. 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% of the parcel area. For projects with a base density between 8 to 10 units, an increase in parcel coverage shall be permitted as necessary to ensure a Floor Area Ratio of 1.25.
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% 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. 15 feet for parcels 100 feet or less in depth and 55 feet for parcels over 100 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% of the parcel width, but in any event not less than 4 feet:
5′ + (stories x parcel width)
50′
At least 25% of the side elevation above 14 feet in height shall provide an additional 4-foot average setback from the minimum required side yard setback. h. Minimum Parcel Size. 5,000 square feet. Each parcel shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that parcels existing on September 8, 1988 shall not be subject to this requirement.
i. Development Review. Except for projects listed in Section 9.40.020(B), a development review permit shall be required for any development of 10,000 square feet or more in floor area.
24 ij. View Corridor. A structure with 70 square linear 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. jk. Parking. Uncovered parking may be located in the front half of the parcel and within the minimum required front yard setback.
kl. 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.
lm. 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.

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 quartersbuildings up to 14 feet in height on parcels having a minimum area of 10,000 square feet, exclusive of Accessory Dwelling Units and Junior Accessory Dwelling Units; 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, exclusive of Accessory Dwelling Units and Junior Accessory Dwelling Units.
b. Maximum Building Height. 2 stories, not to exceed 23 feet for a flat roof or 30 feet for a pitched roof. A “pitched roof” is defined as a roof with at least 2 sides having no less than one foot of vertical rise for every 3 feet of horizontal run. The walls of the building may not exceed the maximum height required for a flat roof. There shall be no limitation on the number of stories of any affordable housing project, as long as the building height does not exceed the maximum number of feet permitted in this Section. c. Maximum Unit Allowable Density. A minimum of one unit per 1,500 square feet of parcel area for each dwelling unit, or 4 units total, whichever is less. However, one duplex shall 25 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% of the parcel area. For projects with a base density between 8 to 10 units, an increase in parcel coverage shall be permitted as necessary to ensure a Floor Area Ratio of 1.25.
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% of the parcel width, but in any event not less than 4 feet:
5′ + (stories x lot width)/50′
i. Front Yard Paving. No more than 50% 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.
k. Design Review. Pursuant to Section 9.55.170, all projects are subject to design review subject to Chapter 9.55.

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); Multiple-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; OneStory 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.
26 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.
c. Maximum Floor Area Ratio. 1.0. For projects with a base density between 8 to 10 units, a Floor Area Ratio of 1.25 is permitted.
d. Maximum Unit Allowable 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, unless otherwise allowed in accordance with Section

9.31.125, Duplexes and Lot Spits on Parcels Zoned for Single-Unit Residential. 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% of the parcel area. For projects with a base density between 8 to 10 units, an increase in parcel coverage shall be permitted as necessary to ensure a Floor Area Ratio of 1.25
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 for lots of less than 50 feet in width, the minimum required side yard setback shall be 10% of the parcel width, but in any event not less than 4 feet:
5′ + (stories x lot width)/50′
27 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.
jk. 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.
kl. 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% of the maximum buildable front elevation shall be stepped back from the front setback line an additional average amount equal to 4% of parcel depth, but in no case resulting in a requirement stepback greater than 10 feet. As used in this Section, “maximum buildable elevation” shall mean the maximum potential length of the elevation permitted under these regulations, which includes parcel width or length (as applicable), minus required minimum setbacks. ii. Additional Side Stepback Over 14 Feet in Height. For new structures or additions to existing structures, any portion of the side building elevation above 14 feet exceeding 50% of the maximum buildable side elevation shall be stepped back from the side setback line an additional average amount equal to 6% 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 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. 28 4. The covered portion of all stories above the second story in any multi-unit structure shall be set back an average of 10 feet from the second floor front façade.

C. Front and Side Setbacks.

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

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

3. Where a corner parcel in an R2, R3, or R4 District abuts a parcel in an R1 District, the street side setback shall be at least half of the required front setback in the adjacent R1 District.

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

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

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

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

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

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

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% 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.

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 side setback 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.
29 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% of the total lot area and in no case less than 1,000 square feet with a minimum width and length of 18 feet measured parallel to the front and side parcel lines. Required setback area shall not count toward the minimum width and length or 1,000 square foot requirement.

2. Courtyards shall be open to the sky, but may include permitted projections set forth in Section

9.21.110 for side yard projections. If mechanical or utility equipment is placed in the courtyard, it shall be screened visually and acoustically and shall not encroach into the minimum courtyard area.

3. A minimum of 50% 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% 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.

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% of each required setback area shall be planting area, except that for parcels less than 50 feet in width, 50% 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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 5, adopted June 14, 2016; Ord. No. 2536CCS § 17, adopted February 28, 2017; Ord. No. 2576CCS § 2, adopted June 12, 2018; Ord. No. 2649CCS § 9, adopted September 8, 2020) 30 Chapter 9.09

OCEAN PARK NEIGHBORHOOD DISTRICTS
Sections:

9.09.010 Purpose

9.09.020 Land Use Regulations

9.09.030 Development Standards

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.

C. Provide for the maintenance and continuation of a mixture of residential building types that range from older single-unit homes, duplexes, and triplexes to multi-unit housing.

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

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

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

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

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

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

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 lowdensity 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.
31 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 lowand 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, 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 multiunit 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 neighborhoodserving uses such as childcare, neighborhood grocery stores, and community facilities that may be appropriate in a residential environment. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2536CCS § 18, adopted February 28, 2017; Ord. No. 2649CCS § 10, adopted September 8, 2020)

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.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit. “–” designates uses that are not permitted.

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
32 TABLE 9.09.020: LAND USE REGULATIONS—OCEAN PARK NEIGHBORHOOD DISTRICTS Use Classification OP1 OPD OP2 OP3 OP4 Additional Regulations 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 P
For OP1, see Section 9.31.125,
Duplexes and Lot Splits on Parcels
Zoned for Single-Unit Residential
Section 9.31.195, Multiple-Unit
Dwelling Projects
Multiple-Unit
StructureDwelling –L(1) – P P P
Section 9.31.195, Multiple-Unit
Dwelling Projects
Senior Citizen
Multiple-Unit
Residential
–(L)1 – P P P
Section 9.31.195, Multiple-Unit
Dwelling Projects
Single-Room
Occupancy Housing – – P P P
Section 9.31.330, Single Room
Occupancy Structures
Group Residential – – MUP MUP MUP
Congregate Housing – – P P P
Section 9.31.110, Congregate and
Transitional Housing
Senior Group
Residential – L (2) P P P
Section 9.31.310, Senior Group
Residential
Elderly and LongTerm Care – – CUP CUP CUP
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
Section 9.31.110, Congregate and
Transitional Housing
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 Section 9.31.100, Community Assembly
Community Gardens P P P P P
Cultural Facilities – CUP CUP CUP CUP Limited to Designated Landmarks 33 TABLE 9.09.020: LAND USE REGULATIONS—OCEAN PARK NEIGHBORHOOD DISTRICTS Use Classification OP1 OPD OP2 OP3 OP4 Additional Regulations 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:

Specific Limitations:
(1) Reserved.Permitted only on parcels with existing surface parking lots:
• Owned in whole or in part by a Community Assembly use in accordance with requirements of Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots; or • Associated with existing multiple-unit dwelling or commercial uses in accordance with requirements of Section

9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots. (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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2536CCS § 19, adopted February 28, 2017; Ord. No. 2649CCS § 11, adopted September 8, 2020)

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)
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
34 TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
Tier 1—Base
StandardMaximum
Allowable Density
N/A1 unit
per parcel
2 units per
parcel
1 unit per
2,000 sq.
ft. of
parcel
area
1 unit per
1,500 sq.
ft. of
parcel
area
1 unit per
1,250 sq. ft.
of parcel
area
See (A)
For OP1, a duplex shall be
permitted as provided in
Section 9.31.125, Duplexes
and Lot Splits on Parcels
Zoned For Single-Unit
Residential.

For projects eligible for
density bonus, see Section

9.22.050(C), Calculating
Base Density
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)
Tier 1—Base Standard 50 50 50 50 50
55% for parcels less than 35
ft. in width in OP1
For projects with a base
density between 8 to 10
units, an increase in parcel
coverage shall be permitted
as necessary to ensure a
Floor Area Ratio of 1.25
100% Affordable Housing
Projects 60 60 60 60 60
Minimum Setbacks (ft.)
Front
15 30 20 20 15 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
[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
35 TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
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)
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 Affordable Housing Production
Program Chapter 9.64, Affordable Housing Production Program Density Bonus Chapter 9.22, Density Bonus
Duplexes and Lot Splits on
Parcels Zoned for Single-Unit
Residential
Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential
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 36 TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
Landscaping Section 9.09.030(G), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects
Located on Community
Assembly Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Multiple-Unit Dwelling Projects
Located on Residentially Zoned
Surface Parking Lots
Section 9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Required
Setbacks Section 9.21.110, Projections into Required Setbacks Refuse and Recycling Screening
and Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards 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 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, unless otherwise permitted in accordance with Section

9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential..

3. Parcels over 10,000 Square Feet—OP2 District. In the OP2 District, the maximum density on parcels 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% 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 parcels 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% 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 units and junior accessory dwelling units 37 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 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% 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.

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.
38 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 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% 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 area 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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 6, adopted June 14, 2016; Ord. No. 2524CCS § 3, adopted July 28, 2016; Ord. No. 2536CCS § 4, adopted February 28, 2017; Ord. No. 2649CCS § 12, adopted September 8, 2020)
39 Chapter 9.10

DOWNTOWN DISTRICTS
Sections:

9.10.001 Incorporation of Downtown Community Plan Standards and Regulations

9.10.040 Land Use Regulations

9.10.070 Project Requirements for Tier 2 and Tier 3

9.10.001 Incorporation of Downtown Community Plan Standards and Regulations Development standards for the Downtown Community Plan area are as prescribed in Chapter 4 of the Downtown Community Plan adopted on [date]July 25, 2017, which is hereby incorporated by reference.

Where Zoning Ordinance provisions are not specifically addressed by Chapter 4 of the Downtown Community Plan, the Zoning Ordinance shall apply. Where there is conflict between compliance with Chapter 4 of the Downtown Community Plan and the Zoning Ordinance, Chapter 4 of the Downtown Community Plan shall control except where the conflicting Zoning Ordinance provision was adopted through voter initiative in which case the initiative shall control. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2551CCS § 3, adopted August 8, 2017)

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.
“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
(Promenade)
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
40 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC
(Promenade)
BC (2nd
& 4th
Streets) TA OT WT
Additional
Regulations
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)
Multiple-Unit
StructureDwelling L(1)P L(3)P L(1) L(1) L(1)P L(1)P L(1)P Section 9.31.195,
Multiple-Unit
Dwelling Projects
Senior Citizen Multiple-Unit
Residential L(1)P L(3)P L(1) L(1) L(1)P L(1)P L(1)P
Section 9.31.195,
Multiple-Unit
Dwelling Projects
Single-Room Occupancy
Housing L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Section 9.31.330,
Single Room
Occupancy
Structures
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
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)
Section 9.31.310,
Senior Group
Residential
Elderly and Long-Term
Care P L(3) L(1) L(1) L(1) L(1) L(1)
Emergency Shelters L(6)/CU
P
L(6)/
CUP CUP/L(1)
L(1),
L(6)/
CUP
L(6)/
CUP
L(6)/
CUP
L(6)/
CUP
Section 9.31.130,
Emergency
Shelters
Family Day Care See sub-classifications below.

Large L(1) L(3) L(1) L(1) L(1) L(1) L(1)
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) 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)
Section 9.31.110,
Congregate and
Transitional
Housing
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
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)/
41 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC
(Promenade)
BC (2nd
& 4th
Streets) TA OT WT
Additional
Regulations
CUP
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
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/Vehicle
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
- - - - - -
Section 9.31.070
Automobile/Vehi
cle Sales,
Leasing, and
Storage
Additions larger than
7,500 sq ft to
Automobile/Vehicle Sales
and Leasing buildings
existing as of 7/06/2010
L(20)/
CUP
- - - - - -
Automobile/Vehicle Repair,
Major
L(19) - - - - - -
Automobile/Vehicle Service
and Repair, Minor
L(19) - - - - - -
Automobile/Vehicle
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)/CU
P
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 - - CUP CUP CUP - -
42 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC
(Promenade)
BC (2nd
& 4th
Streets) TA OT WT
Additional
Regulations
than 99 seats
Convention and Conference
Centers

CUP CUP CUP CUP CUP CUP CUP
Large-Scale Facility L(21)/
CUP
L(21)/
CUP
L(21)/
CUP
L(21)/
CUP
L(21)/
CUP
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
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)
-
Restaurants, Full-Service,
Limited Service & Take-Out
(2,500 sq ft and smaller,
including Outdoor Dining
and Seating)
P P L(22) P P P P Section 9.31.040,
Alcoholic
Beverage Sales
Restaurants, Full-Service,
Limited Service & Take-Out
(2,501 – 5,000 sq ft,
including Outdoor Dining
and Seating)
MUP P L(22) P P P MUP Section 9.31.280,
Restaurants,
Limited Service,
and Take-Out
Only
Restaurants, Full-Service,
Limited Service & Take-Out
(greater than 5,000 sq ft,
including Outdoor Dining
and Seating)
CUP P L(22) P P P CUP 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)/
CUP
- Section 9.31.040,
Alcoholic
Beverage Sales
Farmer’s 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
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)/CU
P
L(1),
L(5)/CUP
L(5)/CU
P
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)(13) L(13) Section 9.31.170, Live-Work Units
Lodging See sub-classifications below.

Bed and Breakfast MUP MUP MUP MUP MUP MUP MUP 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
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)
43 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC
(Promenade)
BC (2nd
& 4th
Streets) TA OT WT
Additional
Regulations
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 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
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
P P P P P P - Section 9.31.230,
Personal Service
Retail Sales See sub-classifications below.

Building Materials Sales
and Services
P - - - - - - 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,
Medium-Scale

CUP CUP CUP CUP CUP - CUP
General Retail Sales, LargeScale- - - - - - -
Medical Marijuana
Dispensaries
CUP - - - - - - 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) - - - - - -
Utilities, Minor P P P P P P P
44 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC
(Promenade)
BC (2nd
& 4th
Streets) TA OT WT
Additional
Regulations
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 47th 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 MixedUse 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 livework 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 codified in this Chapter is effective, except:
(a) New additions of 50% or more additional square footage to an existing building at any one time, or incrementally, after the effective date of the ordinance codified in this Chapter, requires approval of a Conditional Use Permit. (b) No ground floor, street-fronting, non-office or non-media production support facility use, non-medical or non-dental office use tenant space shall be changed into an individual office use or a media production support facility use, or individual medical or dental office use occupying more than 7,500 square feet of floor area and/or exceeding 50 linear feet of street frontage without the approval of a Conditional Use Permit.
(15) (Reserved)
(16) Limited to public parking facilities only.
(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.
(22) Restaurant, Limited-Service and Take-Out establishments with frontage on the Third Street Promenade and the following characteristics shall be prohibited:
(a) More than 150 locations nationwide at the time that the application for the establishment is deemed complete by the City; and (b) Characteristics, including but not limited to, orders placed at a walk-up window, counter, or machine; payment prior to food consumption; and food served with disposable, one-time, or limited-use wrapping, containers, or utensils. 45 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 on 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.. (Added by Ord. No. 2551CCS § 3, adopted August 8, 2017; amended by Ord. No. 2606CCS § 4, adopted April 9, 2019; Ord. No. 2649CCS § 13, adopted September 8, 2020; Ord. No. 2661CCS § 2, adopted January 26, 2021)

9.10.070 Project Requirements for Tier 2 and Tier 3 Projects 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.

1. Except for 100% Affordable Housing Projects, tThe requirements of this Chapter apply to all non-housing projects involving new development and additions for which applicants propose to exceed the Tier 1 maximum allowable base floor area or height 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.

2. Pursuant to 9.10.030(D), Development Agreements and Planning Applications submitted on or before November 11, 2016, shall have a vested right to proceed without complying with the Downtown Community Plan except that they shall be subject to the following affordable requirements:
a. 20% on-site affordable housing
b. 25% off-site affordable housing
C. Housing and Mixed-Use Residential Projects Qualifying Benefitsfor Projects with Residential.

An applicant seeking approval for a housing project that does not meet the definition under Section

9.52.020.1125 or mixed-use residential project that exceeds the base floor area ratio or height allowed in the district where the project is located shall comply with the following requirements. provide community benefits in each of the following categories.

1. Housing. All Tier 2 projects and Tier 3 projects must meet the following requirements:
46 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, aApplicants proposing residential and mixed-use residential projects shall incorporate on-site or off-site affordable housing units as set forth in Table 9.10.070.A. 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).

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%
TABLE 9.10.070.A: ON-SITE AND OFF-SITE AFFORDABLE

HOUSING REQUIREMENTS
Tier
On-Site Affordable
Housing %
Off-Site Affordable
Housing %
Tier 2 20% 25%
Tier 3 25% 30%
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 nonprofit 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 residential or mixed-use residential 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. The offsite units may be located anywhere in the City except for within the area defined 47 in Figure 9.64.060.A, Off-Site Affordable Housing Prohibition Area, in Section

0.64.060, Off-Site Option.
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.

TABLE 9.10.070.B. AFFORDABILITY
Affordability Level Affordability Mix for
Affordable Housing
Units in Tier 2
Projectsof Total
Number of Affordable
Housing Units
Affordability Mix for
Affordable Housing
Units in Tier 3
Projects
30% Income Household 20%
50% Income Household 20%10%5% 5%
80% Income Household 30%5% 10%
Moderate Income 30%10% 10%
TABLE 9.10.070.B. AFFORDABILITY
Affordability Level Affordability Mix for
Affordable Housing
Units in Tier 2
Projects
Affordability Mix for
Affordable Housing
Units in Tier 3
Projects
50% Income Household 10% 10%
80% Income Household 5% 10%
Moderate Income 5% 5%
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 Tier 2 and Tier 3 residential and mixed-use projects shall incorporate the following:
i. For market rate units:
(1) At least 150% of the units shall be three-bedroom units; (2) At least 2015% of the units shall be two-bedroom units; and:
(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
(54) Notwithstanding subsections (C)(2)(a)(i) through (iii) above, any fractional housing unit less than 0.5 that results from this unit mix shall be rounded down 48 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) (1) The average number of bedroomsunit mix percentage for affordable two and three bedroom for all of the affordable housing units shall be combined shall be equal to or greater than the unit mix percentage required average number of bedrooms provided for all of the corresponding market rate units pursuant to subsection (C)(21)(ab) (i) of this Section;. (1)(2) The unit mix percentage for studio affordable housing units shall not exceed 15% of the total number of affordable units; and (32) 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. 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. All Tier 2 and Tier 3 projects shall pay an additional Parks and Recreation Development Impact Fee of 90% of the maximum allowable fee 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. All Tier 2 and Tier 3 commercial portions of mixed-use 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.

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 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. 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 49 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. 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. 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 measures in addition to those required by Chapter 9.53, Transportation Demand Management: bike valet, free of charge, during all automobile valet operating hours. (Added by Ord. No. 2551CCS § 3, adopted August 8, 2017; amended by Ord.

No. 2606CCS § 5, adopted April 9, 2019; Ord. No. 2648CCS § 2, adopted September 8, 2020) 50 Chapter 9.11

MIXED-USE AND COMMERCIAL DISTRICTS
Sections:

9.11.010 Purpose

9.11.020 Land Use Regulations

9.11.030 Development Standards

9.11.010 Purpose
The purposes of the “Mixed-Use and Commercial” Districts are to:

A. Transform auto-oriented boulevards and corridors into vibrant, diverse, and attractive corridors that support a mix of predominantly residential uses along with pedestrian and neighborhood serving uses in order to achieve an active social environment within a revitalized streetscape.

B. Promote infill development, intensification, and reuse of currently underused sites consistent with the General Plan.

C. Increase housing for all income levels along boulevards and encourage a mix of uses that promotes convenience, economic vitality, fiscal stability, and a pleasant quality of life.

D. Establish design standards that improve the visual quality of development and create a unified, distinctive, and attractive character along commercial and mixed-use corridors.

E. Provide appropriate buffers and transition standards between commercial and residential uses to preserve both commercial and mixed-use feasibility and residential quality and provide a sensitive transition between the commercial uses and neighboring residences.

The specific designations and the additional purposes of the Mixed-Use and Commercial Districts are:

MUBL Mixed-Use Boulevard Low. This Zoning District is intended to facilitate the transformation of sections of boulevards into vibrant, highly walkable areas with broad, pedestrian-friendly sidewalks, trees, landscaping, and local-serving uses with new buildings that step down in relationship to the scale and character of adjacent low density neighborhoods. Allowable ground floor uses include active, local-serving retail, open spaces such as plazas, service-oriented commercial uses, and residential, and hotel uses in limited areas. Residential development for all income levels is the predominant use above the first floor.

MUB Mixed-Use Boulevard. This Zoning District is intended to facilitate the transformation of underutilized and auto-oriented sections of boulevards into vibrant, diverse, and attractive pedestrian friendly mixed-use boulevards that support local-serving retail and a diversity of housing types. The MixedUse Boulevard District provides an environment that will accommodate affordable, workforce, and marketrate housing, stepping down in height and mass when adjacent to residential neighborhoods, as well as a variety of local-serving uses. Allowable ground floor uses include local-serving retail uses, ground floor open spaces such as small parks and plazas, service-oriented commercial uses, and some small-scale office uses. Residential development for all income levels is the predominant use above the first floor in certain locations. In parts of the District, especially along the south side of Wilshire, medical and dental offices are allowed on all floors.

GC General Commercial. This Zoning District is intended to maintain areas for affordable and market rate housing and a broad range of commercial uses that provide necessary daily services such as auto sales and auto repair, convenience retail, hotels, hardware stores, and small restaurants while respecting adjacent residential neighborhoods and established neighborhood commercial areas.

NC Neighborhood Commercial. This Zoning District is intended to maintain and enhance small-scale neighborhood shopping districts that provide daily goods and services easily accessible from surrounding 51 residential neighborhoods while also serving a sub-regional role. This District provides for a scale and character of development that is pedestrian-oriented and which tends to attract and promote a walk-in clientele. Development within this District should maximize human-scaled elements while providing a sensitive transition between these uses and neighboring residential areas. Ground floor uses include active, local-serving retail and service commercial uses such as small restaurants, laundromats, dry cleaners, beauty/barber shops, and clothing and grocery stores. Uses above the ground floor include residential, commercial, and local-serving office uses. This District is comprised of four geographic areas:

Main Street. Main Street is a neighborhood commercial street that is home to many boutiques, restaurants, and neighborhood-serving businesses. Main Street has both local and regional appeal, providing an eclectic mix of activities that is unique to Southern California.

Ocean Park Boulevard. Ocean Park Boulevard is a local-serving boulevard with two vibrant, neighborhood-serving commercial areas. The boulevard is a complete street for pedestrians, bicycles, transit, and autos, with an enhanced streetscape and dining, retail, and service needs within walking distance of the Sunset Park and Pico neighborhoods.

Pico Boulevard. Pico Boulevard is a local-serving, commercial boulevard that provides an enhanced environment for pedestrians and includes a wider choice of local-serving retail, expanded mobility, and shared parking.

Montana Avenue. Montana Avenue serves as a local, commercial, and entertainment street that also draws regional visitors who enjoy its many cafés and boutique stores. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

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.

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
52 TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations 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 StructureDwelling P P P PL(1)
Section 9.31.195, Multiple-Unit
Dwelling Projects
Senior Citizen Multiple-Unit Residential P P P PL(1)
Section 9.31.195, Multiple-Unit
Dwelling Projects
Single-Room Occupancy Housing P P P P
Section 9.31.330, Single Room
Occupancy Structures
Group Residential MUP MUP MUP MUP
Congregate Housing P P P P
Section 9.31.110, Congregate and
Transitional Housing
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
Section 9.31.110, Congregate and
Transitional Housing
Public and Semi-Public Uses
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. 53 TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations 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 Repair,
Minor CUP – CUP –
Section 9.31.060,
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 MUP MUP MUP MUP (10)(11) Section 9.31.040, Alcoholic 54 TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations & Take-Out (2,501 – 5,000 square feet,
including Outdoor Dining and Seating)
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 (greater than 5,000 square
feet, including Outdoor Dining and
Seating)
CUP CUP CUP CUP (10)(11)
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.290, Restaurants
With Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Equipment Rental – L(19)/CUP L(19)/CUP –
Food and Beverage Sales See sub-classifications below.

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

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

Business and Professional L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Creative L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Medical and Dental L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Walk-In Clientele L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Outdoor Newsstands MUP MUP MUP MUP Section 9.31.210, 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 P P P P
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
55 TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations General Retail Sales, Small-Scale L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Medium-Scale CUP CUP L(19)/CUP –
Section 9.31.220, Outdoor Retail
Display and Sales
General Retail Sales, Large-Scale – – CUP –
Section 9.31.220, Outdoor Retail
Display and Sales
Medical Marijuana Dispensaries CUP(15) CUP(15) CUP(15) – Section 9.31.185, Medical
Marijuana Dispensaries
Pawn Shops – – – –
Swap Meets – – CUP – Section 9.31.360, Swap Meets
Industrial Uses
Artist’s Studio P P P P
Commercial Kitchens – – CUP –
Media Production See sub-classifications below.

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

Antennas and Transmission Towers – – CUP –
Equipment within Buildings – – P –
Light Fleet-Based Services – – CUP –
Utilities, Major – L(13) L(13) –
Utilities, Minor P P P P
Specific Limitations:
(1) Reserved.Limited to the upper floors and areas not subject to the Active Use Requirement in Section 9.11.030(A) for parcels located on Main Street, Montana Avenue, Pico Boulevard, and Ocean Park Boulevard. Permitted on all floors for all other parcels. (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; greater 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.
56 TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations 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 in 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 seats shall count toward the total number of bars and restaurants and seating requirements permitted within the district.
(12) General markets greater than 15,000 square feet require a Conditional Use Permit. In the Neighborhood Commercial District, establishments shall not exceed 25,000 square feet 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 of 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 no 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. (19) No individual tenant space in the MUBL, MUB, and GC Districts shall occupy more than 12,500 square feet of floor area and/or exceed 75 linear feet of ground floor street frontage without the approval of 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 in Section 9.11.030(A)(1), 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 area 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 approval of a Conditional Use Permit. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 2, adopted June 14, 2016; Ord. No. 2521CCS § 1, adopted June 14, 2016; Ord. No. 2536CCS § 5, adopted February 28, 2017; Ord. No. 2606CCS § 6, adopted April 9, 2019; Ord. No. 2649CCS § 14, adopted September 8, 2020)

9.11.030 Development Standards
Table 9.11.030.A, Development Standards for Projects Not Meeting the Definition of a Housing Project, 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.
57 TABLE 9.11.030.A: DEVELOPMENT STANDARDS FOR PROJECTS NOT MEETING THE DEFINITION OF HOUSING PROJECT — 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 5,000See (E) 5,000
Minimum Parcel Width (ft.) 50 50 50 50 50 50 50
Minimum Parcel Depth (ft.) 150 150 150 150 100 100 100
Maximum FAR Section 9.04.080,
Determining FAR
Tier 1 — Base Standard 1.25 1.25 1.0 1.25 1.25 0.75 0.75 Tier 1 — Projects
Including On-Site
Affordable Housing in
Compliance with AHPP

1.5 1.5 1.25 1.5 1.5 1.0 1.0
Chapter 9.64,
Affordable Housing
Production Program
Tier 2 — With Provision
of Community Benefits 1.75 2.25 1.5

1.75 (2.0 if
on-site
affordable
housing
provided)
NA NA NA Chapter 9.23,
Community Benefits
100% Affordable Housing
Projects 2.0 2.75 1.5 2.0

1.75; 2.0,
on Pico
Blvd only

1.25 1.25
Chapter 9.64,
Affordable Housing
Production Program
Building Form and Location
Maximum Building Height (stories/ft.) Section 9.04.050, Measuring Height
Tier 1 — Base Standard 2/32′ 2/32′ 2/32′ 2/32′ 2/32′ 2/27′ 2/32′ Tier 1 — Projects
Including On-Site
Affordable Housing in
Compliance with AHPP
3/36′
3/39′ if
100%
residential
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
affordable
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/36′
No limit to
stories/50′
No limit to
stories/35′
No limit to
stories/32′
(36′ if onsite
affordable
housing
provided)
NA NA NA Chapter 9.23,
Community Benefits
58 TABLE 9.11.030.A: DEVELOPMENT STANDARDS FOR PROJECTS NOT MEETING THE DEFINITION OF HOUSING PROJECT — 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
No Limit
to
stories/47’
No Limit
to
stories/55’
No Limit
to
stories/35’
No Limit
to
stories/40’
No Limit
to
stories/32
’; 40’ on
Pico Blvd
Only
No Limit
to
stories/32’
No Limit
to
stories/32’
Chapter 9.64,
Affordable Housing
Production Program
Minimum Ground Floor
Height (ft.)
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 Tier 2 — With Provision
of Community Benefits 35,000 35,000 35,000 20,000 15,000 15,000 15,000 Chapter 9.23, Community Benefits Minimum Setbacks (ft.)
Minimum Interior Side
and Rear—Adjacent to
Residential District
10 10 10 10 10 10
See (E) 10
Section 9.21.110,
Projections from
Buildings into
Minimum Setbacks
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,
Nonresidential Uses See (C) See (C) See (C) See (C) See (C) See (C) See (C) Minimum Upper-Story Stepbacks (ft.)—Required Above Maximum the Ground Floor Height Street-Facing Façades 5′ average 5′ average 5′ average 5′ average 5′ average
5′ average 5′ average
Daylight Plane Adjacent to
Residential District—Interior
Side and Rear Setbacks
See (D) See (D) See (D) See (D) See (D) See (D) See (D) Section 9.21.060, Height Exceptions
Standards for Residential Uses
Minimum Outdoor Living
Area (sq. ft./unit)—Sites
with 3 or More Units
100 100 100 100 100 100 100 Section 9.21.090,
Outdoor Living Area
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 Affordable Housing
Production Program Chapter 9.64, Affordable Housing Production Program Automobile/ Vehicle Sales,
Leasing, and Storage Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage Density Bonus Chapter 9.22, Density Bonus
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
59 TABLE 9.11.030.A: DEVELOPMENT STANDARDS FOR PROJECTS NOT MEETING THE DEFINITION OF HOUSING PROJECT — 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
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
Multiple-Unit Dwelling
Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling
Projects Located on
Community Assembly
Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Off-Street Parking and
Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Required
Setbacks Section 9.21.110, Projections into Required Setbacks Refuse and Recycling
Screening and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards 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 Table 9.11.030.B, Development Standards For Projects That Meet the Definition of Housing Project, 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.B: DEVELOPMENT STANDARDS FOR PROJECTS THAT MEET THE DEFINITION OF HOUSING PROJECT — COMMERCIAL

AND MIXED-USE CORRIDOR DISTRICTS
Standard
MUBL
(N. of
I-10)
MUBL
(Pico
Blvd)
MUBL
(Lincoln Blvd
& Main St)
MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln
Blvd)
GC
(Pico
Blvd)
NC
NC
(Main St, Ocean
Park Blvd, &
Montana Ave)
Additional
Regulations
Parcel and Intensity Standards
Minimum Parcel
Size (sq. ft.) 7,500 7,500 7,500 7,500 7,500 7,500 7,500 5,000 5,000See (E) Minimum Parcel
Width (ft.) 50 50 50 50 50 50 50 50 50
Minimum Parcel
Depth (ft.) 150 150 150 150 150 150 150 100 100
Maximum FAR Section 9.04.080,
Determining FAR
60 TABLE 9.11.030.B: DEVELOPMENT STANDARDS FOR PROJECTS THAT MEET THE DEFINITION OF HOUSING PROJECT — COMMERCIAL

2.0 (2.5 west
of
Lincoln
Blvd)

2.5 3.25 3.25 2.5 2.0 2.25 2.5
100%
Affordable
Housing
Projects

3.75 2.5
(3.0 west
of
Lincoln
Blvd)

3.0 3.75 3.75 3.0 2.5 2.75 3.0
Building Form and Location
Maximum Building Height (ft.) Section 9.04.050,
Measuring Height
Housing
Projects 70’
45’
(55’
west of
Lincoln
Blvd)
55’ 70’ 70’ 55’ 45’ 50’ 55’
100%
Affordable
Housing
Projects
80’
55’
(65’
west of
Lincoln
Blvd)
65’ 80’ 80’ 65’ 55’ 60’ 65’
Minimum
Ground Floor
Height (ft.)
11’ 11’ 11’ 11’ 11’ 11’ 11’ 11’ 11’
Maximum Building Footprint (sq. ft.)
Housing
Projects 35,000 35,000 35,000 35,000 35,000 20,000 20,000 15,000 15,000 Minimum Setbacks (ft.)
Interior Side
and Rear —
Adjacent to
Residential
District
10 10 10 10 10 10 10 10 10
See (E)
Section 9.21.110,
Projections from
Buildings into
Minimum Setbacks
Active
Commercial
Design
See (A) See (A) 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) See (B) See (B) Build-To Line,
Nonresidential
Uses
See (C) See (C) See (C) See (C) See (C) See (C) See (C) See (C) See (C) Minimum Upper-Story Stepbacks (ft.)—Required Above the Ground Floor Street-Facing
Façades 5′ average
5′
average
5′ average 5′ average 5′ average 5′
average
5’
average
5′
average
5′ average
Daylight Plane
Adjacent to
Residential
District—Interior
Side and Rear
See (D) See (D) See (D) See (D) See (D) See (D) See (D) See (D) See (D) Section 9.21.060, Height Exceptions
Standards for Residential Uses
61 TABLE 9.11.030.B: DEVELOPMENT STANDARDS FOR PROJECTS THAT MEET THE DEFINITION OF HOUSING PROJECT — COMMERCIAL

AND MIXED-USE CORRIDOR DISTRICTS
Standard
MUBL
(N. of
I-10)
MUBL
(Pico
Blvd)
MUBL
(Lincoln Blvd
& Main St)
MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln
Blvd)
GC
(Pico
Blvd)
NC
NC
(Main St, Ocean
Park Blvd, &
Montana Ave)
Additional
Regulations
Minimum
Outdoor Living
Area (sq.
ft./unit)—Sites
with 3 or More
Units
100 100 100 100 100 100 100 100 100 Section 9.21.090,
Outdoor Living Area
Minimum
Amount
Provided as
Private
Outdoor
Living Area
(sq. ft./unit)
60 60 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 Affordable Housing Production Program Chapter 9.64, Affordable Housing Production Program Automobile/ Vehicle Sales, Leasing, and
Storage Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage Density Bonus Chapter 9.22, Density Bonus
Exceptions to Height Limits Section 9.21.060, Height Exceptions 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 and Street Trees Subsection 9.11.030(F), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects Located
on Community Assembly Surface Parking
Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Required Setbacks Section 9.21.110, Projections into Required Setbacks Refuse and Recycling Screening and
Enclosure Section 9.21.130, Resource Recovery and Recycling Standards Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems A. Active Ground Floor Design and Use and Design.

1. 1. Active Use Requirement. Except as exempted in subsection A(3), below, Tthe groundfloor street frontage of buildings on defined cCommercial Bboulevards, within LUCEdesignated Activity Centers, and within Neighborhood Commercial Districts on Main Street and Montana Avenue shall be required to have active use areas that accommodate commercial uses and activities, subject to the following:
62 a. Active use areas are required to have a minimum average depth of 40 feet, but no less than 25 feet, for a minimum of 60% of the ground-floor frontage, to the maximum extent feasible.
a. A minimum average depth of 40 feet, but no less than 25 feet, for a minimum of 60% of the ground-floor frontage, to the maximum extent feasible. bb. Within LUCE-designated Activity Centers, and Neighborhood Commercial Districts on Main Street and Montana Avenue, uses within these active use areas shall be limited to the following:
i. Cultural facilities;
ii. Food and beverage sales;
iii. Eating and drinking establishments;
iv. Grooming and pet stores;
v. Banks and credit unions;
vi. Business services;
vii. Commercial entertainment, recreation, and instructional services; viii. General personal services and personal physical training; ix. General retail sales; and
x. Childcare facilities.
(c.) In other commercial districts not identified in subsection (A)(1)(b), above, 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.

2. Active Commercial Design. Where an active use is required for new buildings, The the groundfloor street frontage of new buildings on commercial boulevards shall be designed to accommodate commercial uses and activities, subject to the following:
a. A minimum average depth of 40 feet, but in no case less than 25 feet, for a minimum of 60% of the ground-floor frontage.
ab. 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.
c. (2) Sloped Ground-Floor Street Frontages Along Commercial Boulevards. On parcels with a grade change of 10% or more along the length of the parcel line adjacent to the commercial boulevard, the finished ground floor level along the commercial boulevard 63 shall not exceed 18 inches lower or 3 feet higher than the finished grade of the adjacent sidewalk.
d. (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.
e. ii. Loft spaces built within this area shall not exceed 30% of the total floor area of the space consistent with the definition of mezzanine.
fc. Street Facing Facades. A minimum of 7050% of the each street facing 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.

FIGURE 9.11.030.A: STREET-FACING FAÇADES
bgd. A minimum of one pedestrian entrance facing the Ccommercial Bboulevardsstreet.

2. 3. Exemptions for Certain Housing Projects.
a. 100% Affordable Housing Projects. 100% Affordable Housing Projects are exempt from the provision of subsection A, except that 100% Affordable Housing Projects within the Neighborhood Commercial Districts on Main Street and Montana Avenue shall be subject to subsection (A)(21)(a) and (b).
b. All Other Housing Projects. Except as provided below, Housing Projects on Commercial Boulevards are exempt from the provisions of subsection (A). 64 i. Housing Projects located within the Neighborhood Commercial Districts on Pico Boulevard and Ocean Park Boulevard are subject to subsection (A)(1)(a). ii. Housing Projects on Commercial Boulevards shall be subject to the limitation on office use set forth in subsection (A)(1)(c).

B. Pedestrian-Oriented Design.

1. No more than 20 feet or 40% of a building’s ground floor 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. Street-Facing Facades
i. 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;
ii. 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.
cb. Ground-Floor Street Frontages Along Commercial Boulevards. The finished ground floor level along the Ccommercial Bboulevard shall not exceed 18 inches lower or higher than the finished grade of the adjacent sidewalk.
dc. Sloped Ground-Floor Street Frontages Along Commercial Boulevards. On parcels with a grade change of 10% or more along the length of the parcel line adjacent to the Ccommercial Bboulevard, the finished ground floor level along the Ccommercial Bboulevard shall not exceed 18 inches lower or 3 feet higher than the finished grade of the adjacent sidewalk.
e. Corner Parcels. For corner parcels located at the intersection of 2 commercial boulevards, the requirements of subsection (A)() shall apply to the ground-floor street frontages along both commercial boulevards.

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.
65 5. Alternatives to the requirements of this Section 9.11.030(B) 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. 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% 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 2530 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 2530-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.

FIGURE 9.11.030.D: DAYLIGHT PLANE ADJACENT TO RESIDENTIAL DISTRICTS—

COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS
66 E. Parcels in the NC—Main Street District.

1. Use of Rear YardSetback. Commercial use in the required rear yard setback is not permitted.

Noncommercial uses and parking are permitted in the rear yard setback to the rear property line on the ground level.

2. Use of Roof in Rear YardSetback. 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.
a. Non-Housing Projects. 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. b. Housing Projects. Parcels shall not be consolidated nor shall parcels be tied if such consolidation or parcel tie results in a parcel that exceeds 15,000 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 67 pedestrian amenities such as entry courtyards, plazas, entries, outdoor eating and display areas, or other uncovered areas designed and accessible for public use.

2. Interior and Rear Setback Areas. At least 50% 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% 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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 7, adopted June 14, 2016; Ord. No. 2524CCS § 1, adopted July 28, 2016; Ord. No. 2576CCS § 3, adopted June 12, 2018; Ord. No. 2649CCS § 15, adopted September 8, 2020) 68 Chapter 9.13

EMPLOYMENT DISTRICTS
Sections:

9.13.010 Purpose

9.13.020 Land Use Regulations

9.13.030 Development Standards

9.13.010 Purpose
The purposes of the “Employment” Districts are to:

A. Provide appropriately located areas for continued employment activities to ensure a robust economy that is essential in order for the City to continue to provide the high level of public services that the community expects.

B. Continue to diversify Santa Monica’s economic base by providing sites for incubator businesses, creative industries, technology-based businesses, research and development, and professional offices.

C. Provide a range of employment opportunities to meet the needs of current and future residents and take advantage of the City’s location relative to regional roadway and transit systems.

D. Assure high-quality design and site planning of office and employment areas and support the adaptive reuse of industrial buildings that contribute to the character of the City as a whole.

E. Encourage the development of employment mixed-use areas that create an opportunity to walk and bike between businesses, employment, and residences.

F. Ensure that new industrial and office development is designed to minimize traffic and parking, impacts on surrounding neighborhoods, and is appropriate to the physical characteristics of the site and the area where the project is proposed.

The specific designations and the additional purposes of the Employment Districts are:

IC Industrial Conservation. This Zoning District preserves space for existing industrial uses that provide a job base, affordable space for small-scale industrial and manufacturing businesses, and a center of economic activity for the City. The District also provides a place for a diversity of housing types and the adaptive reuse of industrial buildings into affordable workspace for artists and the creative industries.

Allowable land uses within this District include light industrial uses, including businesses engaged in design, development, manufacturing, fabricating, testing, or assembly of various products, which provide important community services and employment for workers with various skills. This District also allows for housing, incubator business opportunities, including sustainable industries that are appropriate for the City, as well as small visual and performing arts studios and theaters. One hundred percent affordable housing is allowed in limited areas. Additionally, auto dealers are allowed to locate storage and service facilities in this area.

OC Office Campus. This Zoning District is intended to provide for office and advanced technology uses, scientific research, and administration, and limited manufacturing of related products which require large expanses of floor area on large parcels. Additionally, this District provides a diversity of housing types.

Development intensity is intended to provide for office uses and other uses within a campus-like environment that will be compatible with abutting residential neighborhoods, especially in terms of scale and building mass.

HMU Healthcare Mixed Use. This Zoning District is intended to provide for the future orderly expansion of the City’s hospitals and related health care facilities in order to meet the needs of both the community and region while protecting the integrity of the surrounding residential neighborhoods. The District fosters 69 the evolving needs of the healthcare community with expanded medical office uses and outpatient services along with retail and non-medical services. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

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.
“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.

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 –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
Multiple-Unit StructureDwelling –P –P P
Section 9.31.195, Multiple-Unit
Dwelling Projects
Senior Citizen Multiple-Unit Residential –P –P P
Section 9.31.195, Multiple-Unit
Dwelling Projects
Single-Room Occupancy Housing – – P
Section 9.31.330, Single Room
Occupancy Structures
Congregate Housing L (1) L (1) P
Section 9.31.110, Congregate and
Transitional Housing
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
Family Day Care See sub-classifications below.
70 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
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
Section 9.31.270, Residential Care
Facilities
Hospice, Limited P P P
Supportive Housing P P P
Transitional Housing P P P
Section 9.31.110, Congregate and
Transitional Housing
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
Automobile/Vehicle Washing CUP – –
Section 9.31.080,
Automobile/Vehicle Washing
71 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
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(15) L (615) 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
Large-Scale Facility L(16) L(16) -
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 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)
–P CUP (6)P 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 – –
General Markets L(17)/CUP L(17)/CUP -
Funeral Parlor and Mortuary – – CUP
Instructional Services L(18)/CUP L(18)/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
Creative P P –
72 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
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 –P L (6)P P Section 9.31.230, Personal Service Personal Services, Physical Training –P L (6)P CUP
Tattoo or Body Modification Parlor P P P Section 9.31.230, Personal Service 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)P MUP (6)P P
Section 9.31.220, Outdoor Retail
Display and Sales
General Retail Sales, Medium-Scale CUP CUP -
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
73 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
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% of the total square footage of a development may be devoted to such businesses. (7) Limited to theaters with 99 seats or less and 10,000 sq. ft. or less. Larger theaters require a Conditional Use Permit. (8) Exercise facilities (e.g., yoga, Pilates, martial arts, and dance studios) permitted by right. Other small-scale commercial recreation uses require a Conditional Use Permit.
(9) Permitted if existing or accessory to a primary permitted use on the same site and not exceeding 25 percent of the gross floor area of the primary permitted use.
(10) Permitted if existing. New uses are not permitted. (11) Limited to retail sales of goods manufactured on the premises provided that the floor space devoted to such use does not exceed 20% of the gross floor area of the primary permitted use or 2,000 sq. ft., whichever is less.(Reserved) (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.
(15) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: Limited to facilities with no more than 7,500 square feet of floor area and/or 40 linear feet of ground floor street frontage (16) Limited to indoor exercise facilities and bowling alleys. (17) General markets greater than 15,000 square feet require a Conditional Use Permit. (18) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: No individual tenant space shall occupy more than 12,500 square feet of floor area and/or exceed 75 linear feet of ground floor street frontage without the approval of a Conditional Use Permit. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 36, adopted June 14, 2016; Ord. No. 2649CCS § 16, adopted September 8, 2020)

9.13.030 Development Standards
Table 9.13.030.1, Development Standards for Projects Not Meeting the Definition of Housing Project, 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.

TABLE 9.13.030.1: DEVELOPMENT STANDARDS FOR PROJECTS NOT MEETING THE DEFINITION OF HOUSING PROJECT — 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
74 TABLE 9.13.030.1: DEVELOPMENT STANDARDS FOR PROJECTS NOT MEETING THE DEFINITION OF HOUSING PROJECT — EMPLOYMENT DISTRICTS
Standard IC OC* HMU Additional Regulations
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
Community
Benefits
3/45’′
See (A) 3/45’′ 5/70′
Chapter 9.23, Community
Benefits
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)
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 GroundFloor (Floor-to-Floor)
Height (ft.) for
Frontages on a
Boulevard
16′ 16′ NA
Minimum Upper-Story Stepbacks (ft.)—Required Above Maximum the Ground Floor Height Street-Facing
Façades 5′ average 5′ average NA
Daylight Plane
Adjacent to
Residential District—
Interior Side and
Rear Setbacks
See (DC) See (DC) See (DC)
Standards for Multiple-Unit Dwellings
75 TABLE 9.13.030.1: DEVELOPMENT STANDARDS FOR PROJECTS NOT MEETING THE DEFINITION OF HOUSING PROJECT — EMPLOYMENT DISTRICTS
Standard IC OC* HMU Additional Regulations
Minimum Outdoor
Living Area (sq.
ft./unit)—Sites with 3
or More Units
100 100 100 Section 9.21.090, Outdoor Living
Area
Minimum Amount
Provided as
Private Outdoor
Living Area (sq.
ft./unit)
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 Affordable Housing
Production Program
Chapter 9.64, Affordable Housing Production Program
Density Bonus Chapter 9.22, Density Bonus
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
Multiple-Unit
Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit
Dwelling Projects
Located on
Community
Assembly Surface
Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Off-Street Parking
and Loading Chapter 9.28, Parking, Loading, and Circulation Parking Structures
and Areas Chapter 9.28, Parking, Loading, and Circulation Projections into
Required Setbacks Section 9.21.110, Projections into Required Setbacks Refuse and Recycling
Screening and
Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards 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 76 TABLE 9.13.030.1: DEVELOPMENT STANDARDS FOR PROJECTS NOT MEETING THE DEFINITION OF HOUSING PROJECT — EMPLOYMENT DISTRICTS
Standard IC OC* HMU Additional Regulations
* In those portions of the OC Districts adjacent to Ocean Park Boulevard, development of additional floor area for projects other than housing projects that requires discretionary approval shall only be permitted after completion of a specific plan.

Table 9.11.030.2, Development Standard for Projects That Meet the Definition of Housing Project, 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.

TABLE 9.13.030.2: DEVELOPMENT STANDARDS FOR PROJECTS THAT MEET THE DEFINITION OF HOUSING PROJECT — 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
Housing Projects 3.0 2.75 2.5
100% Affordable
Housing Projects 3.5 3.25 3.0
Building Form and Location
Maximum Building Height (ft.) Section 9.04.050, Measuring Height
Housing Projects 65’ 60’ 70’
100% Affordable
Housing Projects 75’ 70’ 80’
Minimum Setbacks (ft.)
Interior Side and
Rear – Adjacent
to a Residential
District
15′
See (B)
15′
See (B)
15′
See (B)
Parking Sections 9.28.070, Location of Parking and 9.28.120, Parking Design and Development Standards Pedestrian Oriented
Design for Housing
Projects
See (C) See (C) See (C)
Minimum Ground
Floor Height (ft.) 11′ 11′ NA
Minimum Upper-Story Stepbacks (ft.)—Required Above the Ground Floor Street-Facing
Façades 5′ average 5′ average NA
Daylight Plane
Adjacent to
Residential District—
Interior Side and
Rear
See (D) See (D) See (D)
77 TABLE 9.13.030.2: DEVELOPMENT STANDARDS FOR PROJECTS THAT MEET THE DEFINITION OF HOUSING PROJECT — EMPLOYMENT DISTRICTS
Standard IC OC HMU Additional Regulations
Standards for Multiple-Unit Dwellings
Minimum Outdoor
Living Area (sq.
ft./unit)—Sites with 3
or More Units
100 100 100 Section 9.21.090, Outdoor Living
Area
Minimum Amount
Provided as
Private Outdoor
Living Area (sq.
ft./unit)
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 Affordable Housing
Production Program Chapter 9.64, Affordable Housing Production Program Density Bonus Chapter 9.22, Density Bonus
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
Multiple-Unit
Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit
Dwelling Projects
Located on
Community
Assembly Surface
Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Off-Street Parking
and Loading Chapter 9.28, Parking, Loading, and Circulation Parking Structures
and Areas Chapter 9.28, Parking, Loading, and Circulation Projections into
Required Setbacks Section 9.21.110, Projections into Required Setbacks Refuse and Recycling
Screening and
Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems A. Maximum Heights. The following projects may have a maximum height of 4 stories, 45 feet:
78 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, postproduction 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. Pedestrian-Oriented Design for Housing Projects.

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

2. New development shall incorporate the following design elements at the ground floor level:
a. Street-Facing Facades
i. 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;
ii. 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.
b. 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.
c. Sloped Ground-Floor Street Frontages Along Commercial Boulevards. On parcels with a grade change of 10% or more along the length of the parcel line adjacent to the Commercial Boulevard, the finished ground floor level along the Commercial Boulevard shall not exceed 18 inches lower or 3 feet higher than the finished grade of the adjacent sidewalk.

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.
79 5. Alternatives to the requirements of this Section 9.13.030(C) 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.

DC. Daylight Plane Adjacent to Residential Districts. Buildings shall not extend above a plane starting at 25 30 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 2530-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.DC: DAYLIGHT PLANE ADJACENT TO RESIDENTIAL DISTRICTS—

EMPLOYMENT DISTRICTS
ED.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 consist of planting area, or landscape., or pedestrian amenities such as entry courtyards, plazas, entries, outdoor eating and display areas, or other uncovered areas designed and accessible for public use. 80 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 Ddistrict adjoins a Residential or Mixed-Use District and is not separated by a public or private thoroughfare. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord.

No. 2520CCS § 8, adopted June 14, 2016; Ord. No. 2576CCS § 4, adopted June 12, 2018; Ord.

No. 2649CCS § 17, adopted September 8, 2020)
81 Chapter 9.14

OCEANFRONT DISTRICT
Sections:

9.14.010 Purpose

9.14.020 Land Use Regulations

9.14.030 Development Standards

9.14.010 Purpose
The purposes of the “Oceanfront” District are to:

A. Maintain and enhance the beach area as an important visitor-serving destination with lodging, restaurants, shopping, and recreation that support it as a regional, national, and international tourist destination.

B. Preserve the unique scale, character, and uses along the Ocean Front Walk and on the Santa Monica Pier.

C. Protect the existing residential mix in the area while providing for coastal-related, lodging, dining, recreation, and shopping needs of tourists and others in the oceanfront area. Conditionally permit other uses such as office, new residential, and cultural uses.

D. Avoid the deleterious effects of uncontrolled growth and preserve the unique and diverse character of the Santa Monica oceanfront by limiting the proliferation of excessive hotel, motel, and large restaurant development in the oceanfront area. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

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.

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 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.

Single Unit Dwelling P
82 TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
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
Section 9.31.195, Multiple-Unit Dwelling
Projects
Senior Citizen Multiple-Unit
Residential P
Section 9.31.195, Multiple-Unit Dwelling
Projects
Single-Room Occupancy Housing P
Section 9.31.330, Single Room Occupancy
UsesStructures
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
Section 9.31.110, Congregate and
Transitional Housing
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 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. 83 TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
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 TakeOut 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
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% of the parcel width or 1,000 sq. ft, whichever is less. 84 (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2536CCS § 20, adopted February 28, 2017; Ord. No. 2606CCS § 7, adopted April 9, 2019; Ord. No. 2649CCS § 18, adopted September 8, 2020)

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 Allowable 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 per /1,500 sq. ft. of parcel area
Parcels less than 4,000 sq. ft.: 1 dwelling unit per /parcel if existing, no new dwelling units
No more than 1 dwelling unit
shall be permitted on a parcel 40
ft. or less in width
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
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
85 TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT Standard OF Additional Regulations
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.)
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 (AB)
Exterior Lighting See (CD)
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 (BC)
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 (DE); for parcels located along the Pacific Coast Highway between the
Santa Monica Pier and the north City limits, see (DE)
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 (EF)
Section 9.21.070, Height
Exceptions
View Corridors See (FG)
Standards for Residential Uses
86 TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT Standard OF Additional Regulations
Minimum Outdoor Living Area
(sq. ft./unit)—Sites with 3 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 Affordable Housing Production
Program Chapter 9.64, Affordable Housing Production Program Density Bonus Chapter 9.22, Density Bonus
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 Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects
Located on Community
Assembly Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Required
Setbacks Section 9.21.110, Projections into Required Setbacks Refuse and Recycling Screening
and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards 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% 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.
87 (ii) Sloped Ground-Floor Street Frontages Along Commercial Boulevards. On parcels with a grade change of 10% or more along the length of the parcel line adjacent to the commercial boulevard, the finished ground floor level along the commercial boulevard shall not exceed 18 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% of the total floor area of the space consistent with the definition of mezzanine.

3. A minimum of 70% 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.

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

AB. 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.

2. Ground-Floor Street Frontages. The finished ground floor level shall not exceed 18 inches lower or higher than the finished grade of the adjacent sidewalk.

3. Sloped Ground-Floor Street Frontages. On parcels with a grade change of 10% or more along the length of the parcel line adjacent to a street frontage, the finished ground floor level shall not exceed 18 inches lower or 3 feet higher than the finished grade of the adjacent sidewalk.

42. Alternatives to the requirements of this Section 9.14.030(A) 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.

BC.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% of linear street frontage. This requirement may be waived or modified subject to a discretionary approval upon finding that:

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

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

DE.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% 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% of the side elevation above 14 feet in height shall provide an additional 4- foot average setback from the minimum side setback.

EF. Daylight Plane Adjacent to Residential Uses. Buildings shall not extend above a plane starting at 25 30 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 2530-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.

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

OCEANFRONT DISTRICTS
89 FG.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.

GH. Landscaping. The following landscaping requirements apply.

2. Interior Setback Areas. At least 50% 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 area adjoining a driveway, and a nonresidential accessory structure may occupy a portion of the planting area in a rear setback area. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2524CCS § 4, adopted July 28, 2016; Ord. No. 2576CCS § 5, adopted June 12, 2018; Ord. No. 2649CCS § 19, adopted September 8, 2020) 90 91
Chapter 9.15

PUBLIC AND SEMI-PUBLIC DISTRICTS
Sections:

9.15.010 Purpose

9.15.020 Land Use Regulations

9.15.030 Development Standards

9.15.010 Purpose
The purposes of the “Public and Semi-Public” Districts are to:

A. Provide areas for a wide range of public facilities, including parks and open space, educational facilities, municipal offices, the Civic Center, museums or performance spaces, City yards, and other public or quasi-public facilities.

B. Ensure that the development and operation of public and semi-public uses protects and enhances the character and quality of life of surrounding residential areas.

C. Retain the beach as Santa Monica’s character-defining open space, preserving the area as a scenic resource that serves as a local gathering place, and enhances the beach-going experience with limited visitor-serving uses.

D. Ensure the provision of services and facilities needed to serve residents, businesses, and visitors and maintain a high quality of life standard.

The specific designations and the additional purposes of the Public and Semi-Public Districts are:

CC Civic Center. This Zoning District is intended to be the cultural and institutional core of Santa Monica, with a mix of high intensity government and cultural uses with significant gathering spaces and parks combined with civic buildings and connections to the beach and Downtown areas. Commercial, retail, office, affordable, workforce and market-rate housing, and community facilities such as early childhood centers are also allowed in this mixed-use District. This District is consistent with the LUCE’s Institutional/Public Lands land use designation.

PL Institutional/Public Lands. This Zoning District is for public or semi-public facilities, including municipal offices, schools, libraries, museums, or performance spaces, cemeteries, corporation yards, utility stations, and similar uses. This District is consistent with the LUCE’s Institutional/Public Lands land use designation.

OS Parks and Open Space. This Zoning District is intended to preserve, enhance, and expand Santa Monica’s existing open space, parks, beaches, and recreational areas, providing residents with easy access to a relaxing, visually appealing amenity that provides opportunities for healthy recreation. This District is applied to areas that will remain as parks or green open space, or be developed as such. Other allowed uses in this designation include supporting structures such as recreation centers, gymnasiums, community meeting facilities and small-scale retail uses that support outdoor recreation, such as restaurants, refreshment stands, or sporting equipment and rental vendors. This District is consistent with the LUCE’s Parks and Open Space land use designation. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

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.
92 “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.

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 9.15.020: 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 Unit
and Junior Accessory Dwelling Units
Multiple-Unit Dwelling P - -
Section 9.31.195, Multiple-Unit Dwelling
Projects
Senior Citizen Multiple-Unit
Residential L (1)P - -
Section 9.31.195, Multiple-Unit Dwelling
Projects
Single Room Occupancy Housing L (1) - -
Section 9.31.330, Single Room Occupancy
Structures
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) - -
Section 9.31.110, Congregate and
Transitional Housing
Public and Semi-Public Uses
Adult Day Care P P P
Cemetery - P -
93 TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS Use Classification CC PL OS Additional Regulations
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
Public Safety Facilities P P -
Schools, Public or Private L (3) P -
Social Service Centers P P -
Commercial Uses
Banks and Financial Institutions L (1) - -
Business Services L (1) - -
Commercial, Entertainment, and
Recreation See sub-classifications below.

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

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

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

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

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

General Retail Sales, Small-Scale L (1) - -
Section 9.31.220, Outdoor Retail Display
and Sales
Swap Meet MUP MUP MUP Section 9.31.360, Swap Meets
Transportation, Communication, and Utilities Uses
94 TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS Use Classification CC PL OS Additional Regulations
Citywide Bikeshare Facility P P P
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.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 13, adopted June 14, 2016; Ord. No. 2649CCS § 20, adopted September 8, 2020)
95 Chapter 9.18

ACTIVITY CENTER AND NEIGHBORHOOD CONSERVATION
OVERLAY DISTRICTS*
Activity Center Overlay District
* To be established by City Council through preparation of Area Plans for the Activity Center areas and Development Agreements for each defined project. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
Neighborhood Conservation Overlay District
Chapter 9.19
NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT*
* To be amended as the City Council establishes Neighborhood Conservation Overlay Districts in accordance with Chapter 9.47. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015) 96 Chapter 9.19

NEIGHBORHOOD CONSERVATIONMODERATE INCOME HOUSING OVERLAY DISTRICT*
TABLE OF CONTENTS* To be amended as the City Council establishes Neighborhood Conservation Overlay Districts in accordance with Chapter 9.47. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

9.19.010 Purpose and Intent
The purpose of this Section is to promote the public health, safety, and welfare by supporting the development of housing that is affordable to households earning between 80% and 120% of area median income. The intent of this Section is to accommodate moderate income housing (MHO) projects through increases in density, height, and relaxation of certain other zoning limitations for residential developments in which all units are made affordable to households earning between 80% and 120% of area median income; to incentivize the reuse of existing buildings in order to create MHO Projects; to enable the feasibility of MHO projects by allowing flexibility in unit mix and unit size in exchange for greater common area living space; to enable MHO Projects to be permitted by right; and to apply such standards within the MHO area, to support the Housing Element’s goals of supporting economic sustainability by creating housing that accommodates an additional segment of the workforce, and achieve greater socioeconomic diversity.

9.19.020 Definitions
A. Moderate Income Housing Overlay (MHO) means an overlay zoning district that sets forth modified development standards within this chapter for residential developments Citywide, except for parcels within the Single-Unit Residential (R1) zoning district, and in which all units are made affordable to households earning between 80% and 120% of area median income.

B. Moderate Income Housing Overlay (MHO) Dwelling Unit means a dwelling unit, as defined by Section 9.52.020.0730, except that for purposes of this Chapter a dwelling unit shall be a minimum of 250 square feet in size, if the dwelling unit is located within a MHO Project for which occupancy is restricted to a MHO Eligible Household.

C. Moderate Income Housing Overlay (MHO) Eligible Household means a household whose gross income exceeds the maximum income for an 80% income household and whose gross income does not exceed 120% of the area median income, adjusted for household size, as published and periodically updated by California Department of Housing and Community Development.

D. Moderate Income Housing Overlay (HMO) Project means a multiple-unit dwelling project consisting of MHO Dwelling Units subject to the standards and restrictions set forth in this chapter.

A MHO Project may contain up to: (1) 33% of the project’s total floor area as market rate dwelling units and/or non-residential uses that are otherwise permitted in the base zoning district; and (2) no more than 25% of the total number of units as market rate units.

9.19.030 Applicability
A. The provisions set forth in this Section shall apply to MHO Projects within the MHO.

B. A MHO Project shall be permitted by-right if it meets all standards set forth in this chapter in place of the requirements otherwise applicable in the underlying zoning district. Any development not meeting all of the standards set forth in this chapter shall be subject to the requirements otherwise 97 applicable in the underlying zoning district.

C. A MHO Project pursuant to this section shall not include any alteration or demolition of any of the following types of housing:

1. Deed restricted affordable housing;

2. Rent-controlled housing or housing subject to any form of price control, including, but not limited to, units subject to the California statewide rent control law and Article XVIII of the Santa Monica Charter, the City’s rent control law;

3. Housing occupied by a tenant in the last three years; or

4. Housing on parcels with an Ellis Act eviction in the last 15 years from date of application submittal.

9.19.040 Standards for Eligibility and Rent
MHO dwelling units shall be exempt from Chapter 9.64, Affordable Housing Production Program, except for the following sections:

A. Section 9.64.110, Income Eligibility Requirements
B. Section 9.64.130, Deed Restrictions

9.19.050 Special Development Standards for MHO Projects MHO Projects shall conform to the development standards of the underlying zoning district except as modified by this Section.

A. Building Height. Projects shall receive a height increase of up to 33 feet above maximum building height for the underlying zone district.

B. Residential Density Bonus. Projects shall be allowed to request up to a 50% density bonus.

C. Eligibility for Concessions/Incentives. Projects shall be eligible to request up to four incentives and concessions pursuant to procedures set forth in Sections 9.22.060 and 9.22.080.

D. Eligibility for Waiver or Reduction of Development Standards. Projects shall be eligible to request a waiver or reduction of development standards pursuant to procedures set forth in Section

9.22.070 and 9.22.080.

E. Open Space.

1. Projects shall provide an increase to minimum required outdoor living area in a percentage equivalent to the density bonus requested pursuant to this Section.

2. Projects may substitute common outdoor living area in lieu of minimum required private outdoor living area in an equivalent amount.

F. Minimum Off-Street Parking. MHO Projects shall not have minimum off-street parking requirements.

G. Transportation Demand Management. In addition to those required by Chapter 9.53, Transportation Demand Management, a MHO Project shall include the following Transportation Demand Management measures:

1. A Transportation Allowance equivalent to at least 75% of the cost of a monthly regional transit pass, in accordance with Section 9.53.130(B)(2)(c)(iv).

2. 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. 98 H. Air Quality Assessment Zone. MHO projects within the Air Quality Assessment Zone shall be required to prepare a technical memorandum that describes the effectiveness of design features to reduce exposure to diesel particulate matter (DPM) as a part of the early project design process.

Such memorandum shall be submitted at the time of project application and shall be subject to review and approval by the Director prior to project approval. 99 Chapter 9.21

GENERAL SITE REGULATIONS
Sections:

9.21.010 Purpose and Applicability

9.21.020 Accessory Buildings and Structures

9.21.030 Development on Multiple Parcels

9.21.040 Development on Parcels Divided by District Boundaries

9.21.050 Fences, Walls, and Hedges

9.21.060 Height Projections

9.21.070 Freestanding Structures

9.21.080 Lighting

9.21.090 Outdoor Living Area

9.21.100 Outdoor Storage

9.21.110 Projections from Buildings into Minimum Setbacks

9.21.120 Reflective Materials

9.21.130 Resource Recovery and Recycling Standards

9.21.140 Screening

9.21.150 Solar Energy Systems

9.21.160 Swimming Pools and Spas

9.21.170 Building Additions Extending into Minimum Side Setbacks

9.21.180 Hazardous Visual Obstructions

9.21.190 Unexcavated Yard Areas

9.21.200 Residential Uses on Commercial Parcels Adjacent to Residential Districts

9.21.020 Accessory Buildings and Structures
Accessory structures shall conform to the same property development standards as main principal 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:

A. Relation to Principal Buildings. An accessory building may only be constructed on a parcel with a legally-permitted principal building. Except as may be provided under Santa Monica Municipal Code

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

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

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. 101

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.

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 2 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.

E4. Exterior Features. In the Single-Unit Residential (R1) District, first-story roof decks, landings, upper level walkways, and balconies on accessory buildings, not including accessory dwelling units, shall not exceed 35 square feet in area and must be set back at least 25 feet from the side property line closest to the structure, and at least 25 feet from the rear property line. Roof decks above the second story are prohibited.

F5. 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. G. 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.
7H. Full Bath. The accessory building may contain a sink, and toilet, but shall not contain and a shower and/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.

I. 8. Renting. Except as may be permitted under Santa Monica Municipal Code 6.20, Home-Sharing and Vacation Rentals, Nno 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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; 102
amended by Ord. No. 2536CCS § 9, adopted February 28, 2017; Ord. No. 2624CCS § 4, adopted November 12, 2019; Ord. No. 2649CCS § 22, adopted September 8, 2020)

9.21.060 Height Projections
No structure shall project above the height limits established in this Article except as specified in this Section.

A. Building-Mounted and Attached Structures. Table 9.21.060 establishes the maximum permitted projection(s) above the height limit of a building and into the daylight plane for structures that are typically mounted or attached to a building. These projections are by right, with no discretionary permit required. Table 9.21.060 also establishes limitations in the horizontal coverage of permitted projections.

Some allowances apply in all Zoning Districts while others are limited to specified Zoning Districts. In the Single-Unit Residential (R1) District, allowed height projections into the minimum side stepback areas above 23 feet shall be permitted. None of these projections shall permit occupiable space above the height limit. The total aggregate coverage of projections shall not exceed 30% of a roof’s area. This limitation shall not apply to solar energy systems (see Section 9.21.150). 103
TABLE 9.21.060: ALLOWED PROJECTIONS ABOVE HEIGHT LIMITS Structure
Maximum Aggregate Coverage
of Building’s Roof Area (%);
Other Locational Restrictions
Maximum Vertical Projection
(ft.) Above the Height Limit*
Projections Allowed in All Zoning Districts:

Skylights No limit 1 ft.

Skylights on flat roofs 30%; May not be located within
5 ft. of any edge of the roof 5 ft.

Chimneys, vent stacks 5% 5 ft.

Windscoops 5% 5 ft.

Solar energy systems located on a rooftop See Section 9.21.150 See Section 9.21.150 Antennas
One standard television receive-only
nonparabolic antenna and one vertical whip
antenna
10%; May not be located
between the building and any
street-facing parcel line
25 ft.

Other antennas See Chapter 9.32, Telecommunications Facilities Parapets, fire escapes, catwalks, and open guard rails
required by law As required by law As required by law
Projections Allowed in All Districts Except R1 and OP-1 Districts:

Non-occupiable features such as steeples, spires,
towers, domes, and cupolas 10% 10 ft.

Rooftop features for outdoor living areas, such as
sunshade, open railings, trellises, and landscaping 25% 10 ft.

Elevator shafts 15% 18 ft.* above the roofline
Stairwells 25% 14 ft.* above the roofline
Mechanical rooms and enclosures 25% 12 ft.* above the roofline Ventilating fans, water tanks, cooling towers, or
other equipment required to operate and maintain a
building, along with screening of such equipment
required by Section 9.21.140, Screening
Total area enclosed by all
screening may not exceed 30%
of roof area
12 ft.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 14, adopted June 14, 2016; Ord. No. 2576CCS § 6, adopted June 12, 2018; Ord. No. 2624CCS § 5, adopted November 12, 2019)

9.21.090 Outdoor Living Area
Required outdoor living areas to serve residential dwelling units shall be provided in accordance with this Section.

A. Required Area, Location. Outdoor living area shall be provided according to the required minimum area stated for the respective District in Division 2, Base and Overlay Districts. The required minimum private outdoor living space area per dwelling unit shall be located and designed to serve each unit. The remainder of required open space per unit shall be provided as either private open space accessible to the unit or common open space accessible to all or multiple units on the site. No more than 20 percent of the total area required for outdoor living space may be provided on a roof.

B. Facilities. Private outdoor living areas typically consist of balconies, decks, patios, fenced setbacks, and other similar areas outside the residence. Common outdoor living areas typically consist of landscaped areas, landscaped courts, walks, patios, swimming pools, barbeque areas, playgrounds, turf, gardens, or other such improvements as are appropriate to enhance the outdoor environment of the development.
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C. Minimum Dimensions.Standards and Requirements

1. Private Outdoor Living Area.
a. Private outdoor living area located on the ground level (e.g., yards, decks, patios, ) shall be no less than 10 feet long by 4 feet deep. Private outdoor living area located above ground level (e.g., balconies) shall be no less than 6 feet long by 4 feet deep. b. For non-residentially zoned parcels, ground floor private outdoor living areas adjacent to a street shall not be permitted to be enclosed with a fence, wall, or hedge greater than 5 feet in height. Any portion of fences, walls, and hedges above 42 inches in height shall be at least 50% visually transparent.

2. Common Outdoor Living Area.
a. Ground Floor or Podium Level. Common outdoor living area located on the ground or podium level shall provide one space that is be at least 400 square feet with minimum dimensions of no less than 20 feet in width and 15 feet in length.2015 by 20 feet in dimension.
b. Upper Story. Common outdoor living area located on an upper-story decks shall be no less than 10 feet in width and by 10 feet in length in dimension. Roof decks shall be no less than 15 by 15 feet in dimension.
c. Roof Decks. Common outdoor living area located on a roof shall be subject to the following limitations and requirements:
i. Parcels less than 15,000 square feet: No size limitation, but any provided open space shall be no less than 10 feet in width and 10 feet in depth. ii. Parcels greater than 15,000 square feet: No more than 50% of provided common open space can be located on a roof and shall be no less than 10 feet in width and 10 feet in depth.
iii. Permanent shading shall be provided for a minimum of 50% of outdoor living area.

D. Accessibility.

1. Private Outdoor Living Area. Private outdoor living area shall be accessible to only one living unit by a doorway or doorways to a habitable room or hallway of the unit.

2. Common Outdoor Living Area. Common outdoor living area shall be accessible to all the residents of the dwelling units on the parcel.

E. Usability. A surface shall be provided that allows convenient use for outdoor living and/or recreation for the use of residents. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust-free surfacing. The slope shall not exceed 2 percent.

F. 100% Affordable Housing Projects. 100% Affordable Housing Projects in any district may substitute common outdoor living area in lieu of minimum required private outdoor living area in an equivalent amount. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015) 105

9.21.110 Projections from Buildings into Minimum Setbacks Table 9.21.110 sets forth the requirements for permitted projections from buildings into minimum setbacks and the daylight plane. The types of projections and the limitations on such projections into minimum setbacks and the daylight plane are permitted subject to Chapter 4.12, Noise; Section 9.31.180, Hazardous Visual Obstructions; and compliance with the California Building Code as follows:.

Notwithstanding the standards below, the following shall apply:
• In the Single-Unit Residential (R1) District, only expressly authorized projections into the minimum side stepback areas above 23 feet shall be permitted. Projections shall not be permitted closer than 4 feet to any parcel line unless otherwise expressly authorized. • Projections as listed below into existing, nonconforming setback areas shall be permitted only if the projection does not extend closer to the parcel line than would be permitted if the setback area conformed to current standards.
• In the Single-Unit Residential (R1) District, only expressly authorized projections into the minimum side stepback areas above 23 feet shall be permitted.

The types of projections and the limitations on such projections into minimum setbacks are permitted subject to Chapter 4.12, Noise; Section 9.31.180, Hazardous Visual Obstructions; and compliance with the California Building Code as follows:

TABLE 9.21.110: ALLOWED PROJECTIONS FROM BUILDINGS INTO MINIMUM SETBACKS Projections
Front
Setback
Street Side
Setback
Interior Side
Setback
Rear
Setback
Eaves, awnings, canopies, sun shades, sills, cornices,
belt courses, trellises, arbors, and other similar
architectural features (also permitted within R1 stepback areas above 23 feet)
30 in. (no
closer than

1.5 ft. to
parcel line)
30 in. (no
closer than 1.5
ft, to parcel
line)
24 in. (no
closer than

1.5 ft. to
parcel line)
4 ft. (no
closer
than 1.5
ft. to
parcel
line)
Flues, chimneys, rain gutters, downspouts, and similar
vertical architectural projections not more than 5 ft. wide parallel to the side setback and that do not exceed 20% of the façade width
All setbacks:
18 in. for structures with conforming setbacks;
12 in. for structures with nonconforming setbacks
Patios, porches, platforms, decks, and other unenclosed areas not covered by a roof or canopy and that may be
raised above the level of the adjacent setback but do not extend more than 3 ft. above the average natural grade
except for guard rails to the extent legally required
6 ft. 6 ft.

No limit (can
extend to
parcel line)
No limit
(can
extend to
parcel
line)
In the R1 District, first-story porches and second-story balconies open on 3 sides with a height of no more than 14 ft., including parapets and railings, that do not exceed 50% of the front building width measured at the front
façade
6 ft. Not permitted Not
permitted
Not
permitted
In the R1 District, stairs with no roof or canopy less than 3 ft. above finished grade associated with a first-story front porch projection
4 additional
feet Not permitted Not permitted
Not
permitted
Balconies, decks, porches, and similar structures that are open, unenclosed on at least 2 sides 30 in. 30 in. Not permitted 4 ft. 106
TABLE 9.21.110: ALLOWED PROJECTIONS FROM BUILDINGS INTO MINIMUM SETBACKS Projections
Front
Setback
Street Side
Setback
Interior Side
Setback
Rear
Setback
In any OP district, second floor decks, patios, or
balconies, covered or uncovered, adjacent to primary
living spaces
30 in. 30 in. 30 in. 4 ft.

Unroofed access facilities, including stairs and
wheelchair ramps, with a height, including railings, of no more than 6 ft. above average natural grade
8 ft., but may extend any distance to accommodate
wheelchair ramps or similar ADA access facilities
Exterior access facilities leading to the second or higher story of a building, including open or enclosed fire
escapes and open, unroofed fireproof outside stairways, landings, exterior corridors, and wheelchair ramps. This projection shall not be permitted within the R1 District Not
permitted Not permitted
12 in. or 2 in.
per foot of
required side
setback,
whichever is
greater
4 ft.

Greenhouse windows and bay windows that are not
greater than 6 ft. wide parallel to the setback if all such windows are cantilevered only and do not extend to the
ground level, provided the structure has a conforming
setback
18 in. 18 in. 18 in. 18 in.

Porte cocheres not more than 20 ft. long, not more than 14 ft. in height, including required railings or parapets, and open on at least 2 sides
Not
permitted
No limit (can extend to parcel line) unless
limited by Building Code
Mailbox canopies not more than 10 ft. long 30 in. 30 in. 30 in. 4 ft.

Air conditioners, compressors, hot tub motors, pool
filters, and other mechanical equipment
Not
permitted Not permitted Not permitted
No limit
(can
extend to
parcel
line)
Detached structures and mechanical equipment See Section 9.21.020, Accessory Buildings and Structures Water heaters enclosures and tankless water heaters Not permitted
18 in. for structures with
conforming setbacks;
12 in. for structures with
nonconforming setbacks
No limit
(can
extend to
parcel
line)
Utility equipment including, but not limited to, gas,
water, and electrical meters
Not
permitted
(unless
required by
Building and
Utility
Codes)
18 in. for structures with
conforming setbacks;
12 in. for structures with
nonconforming setbacks
No limit
(can
extend to
parcel
line)
Electric vehicle charging equipment Not
permitted
No limit (can
extend to
parcel line)
No limit (can
extend to
parcel line)
No limit
(can
extend to
parcel
line)
Solar energy system equipment See Section 9.21.150, Solar Energy Systems (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 19, adopted June 14, 2016; Ord. No. 2624CCS § 6, adopted November 12, 2019)
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Chapter 9.22

AFFORDABLE HOUSINGDENSITY BONUS AND INCENTIVES
Sections:

9.22.010 Purpose

9.22.020 Relation to Affordable Housing Production Program

9.22.030 Definitions

9.22.040 Eligibility

9.22.050 Density Bonus

9.22.060 Incentives and Concessions for Affordable Housing

9.22.070 Waiver or Reduction /Modification of Development Standards

9.22.080 Procedures

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 through 65918 (the “State Density Bonus Law”). (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2649CCS § 23, adopted September 8, 2020)

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 reductions of development standards set forth in this Chapter. (Added by Ord. No. 2649CCS § 24, adopted September 8, 2020)

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 108
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).

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, a minimum lot area per unit 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, “housing development” also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code, approved by the city and 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(d), where the result of the rehabilitation would be a net increase in available residential units.

I. “Located within one-half mile of a major transit stop” means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop.

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

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

KL.“Maximum allowable residential density” or “base density” means the density maximum number of units allowed under the Zoning Ordinance, Article IX of this Municipal Code (the “Zoning Ordinance”), specific plan, and or the Land Use and Circulation Element (LUCE), or, if a range of density is permitted, means the maximum allowable densitynumber of units allowed by for the specific zoning district, as set forth in Division 2 of the Zoning Ordinance, specific plan, or and the LUCE applicable to the project. If the density allowed under the Zoning Ordinance is inconsistent with the density allowed under the LUCE or a specific plan, the density provisions of the LUCE, the greater shall prevail. If a housing development is subject to tiered development standards, the “maximum allowable residential density” or “base density” shall mean the maximum number of units allowed at the selected tier.

LM. “Moderate-income households” means moderate-income households as defined in Health and Safety Code Section 50053.
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MN. “Persons and families of moderate income” means persons and families of moderate income as defined in Health and Safety Code Section 50093.

O. “Shared housing building” means a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. A “shared housing building” may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building. A shared housing building may include 100 percent shared housing units.

P. “Shared housing unit” means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of “guestroom” in Section R202 of the California Residential Code. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section.

Q. “Total units” or “total dwelling units” means a calculation of the number of units that:
(i) Excludes unit(s) added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus; and
(ii) Includes unit(s) designated to satisfy the requirements of Chapter 9.64, Affordable Housing Production Program.
(iii) For purposes of calculating a density bonus granted pursuant to this section for a shared housing building, “unit” means one shared housing unit and its pro rata share of associated common area facilities.

NR. “Very low income households” means very low income households as defined in Health and Safety Code Section 50105. (Added by Ord. No. 2649CCS § 25, adopted September 8, 2020) S. “Very low vehicle travel area” means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita. For purposes of this paragraph, “area” may include a travel analysis zone, hexagon, or grid. For the purposes of determining “regional vehicle miles traveled per capita” pursuant to this paragraph, a “region” is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization.

9.22.040 Eligibility
A. Except as set forth in subsection 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 or reductions of development standards, as set forth in Section 9.22.070, and parking ratios, as described in Section 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:
110
a. 10% of the total units of the housing development, including shared housing building development, for lower income households;
b. 5% of the total units of the housing development, including shared housing building development, for very low income households;
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 For purposes of this subparagraph, “development” includes a shared housing building development.; d. 10% of the total units of a common interesthousing development as restricted affordable units affordableare sold 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. 10% 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. 20% 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. 100% of the total unitsall units in the development including total units and density bonus, but exclusive of manager’s unit or units, are for lower income households, except that up to 20% of the total units in the housing development, including total units and density bonus units, may be for moderate-income households. For purposes of this subparagraph, “development” includes a shared housing building development..; or h. 100% Affordable Housing Projects as defined in Section 9.52.020.0050.

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 (A)(1) 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 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: (1) rental dwelling units that are, or, if the dwelling units have been vacated or demolished in the 5-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; (2) rental units that are controlled rental units pursuant to City Charter Section 1800 et seq., subject to Civil Code Section 1947.12, or subject to any other form of State or 111
local rent or price control; or (3) units occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies:

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 household 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 as the last household in occupancyin the same proportion of affordability as the occupied units. If the income category of the persons inlast household 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.

All replacement calculations resulting in fractional units shall be rounded up to the next whole number. The If the replacement units will be rental dwelling units, the replacement units shall be subject to a recorded affordability restriction for at least 55 years in accordance with Section

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 A have been vacated or demolished within the 5- 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 5- 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 lowincome 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 be rounded up to the next whole number. The If the replacement units will be rental, the replacement units shall 112
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 A that is or was, within the 5-year period preceding the application, a controlled rental unit pursuant to City Charter Section 1800 et seq., a rental unit subject to Civil Code Section 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 must either:
a. Be 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). ; and.
b. If applicable, Bbe replaced in compliance with City Charter Article XVIII, 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.

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 A, a housing development project in any zoning district that will contain 100% of the total units, exclusive of manager’s unit or units, for lower income households, except that up to 20% 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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2649CCS § 26, adopted September 8, 2020)

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

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

Percentage Low-Income Units Percentage Density Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
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16 29
17 30.5
18 32
19 33.5
20 35
21 38.75
22 42.5
23 46.25
24 50

2. For housing developments that meet the criteria of Section 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
12 38.75
13 42.5
14 46.25
15 50

3. a. For housing developments that meet the criteria of Section 9.22.040(A)(1)(c), the density bonus shall be 20% 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% 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% of the student housing units.
d. For 100% Affordable Housing Projects or 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 or is located in a very low vehicle travel area in a designated county, 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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Percentage Moderate-Income Units Percentage Density Bonus 13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
41 38.75
42 42.5
43 46.25
44 50

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).

6. To calculate density bonus for housing developments that provide onsite affordable units in accordance with Chapter 9.64, Affordable Housing Production Program, all onsite affordable units shall be counted as very low-income units up to the highest percentage of density bonus granted under this Chapter 9.22 and State Density Bonus Law.

C. Calculating Base Density

1. In residential districts, the maximum allowable residential or base density, as defined in

9.22.030(L), shall be determined using dwelling units per acre. 115

2. Except as provided in subsection (3) below, in non-residential districts which do not provide a dwelling-units-per-acre standard for density, the maximum allowable residential or base density shall be calculated by:
a. Estimating the realistic development capacity of the site based on the objective development standards applicable to the project, including, but not limited to, floor area ratio, site coverage, maximum building height and number of stories, building setbacks and stepbacks, public and private open space requirements, minimum percentage or square footage of any nonresidential component, and parking requirements, unless not required for the base project. Parking requirements shall include considerations regarding number of spaces, location, design, type, and circulation. Applicants may provide a base density study which the City shall accept, provided that it includes all applicable objective development standards. b. Maintaining the same average unit size and other project details relevant to the base density study, except those development standards or requirements that may be modified by waiver or concession to accommodate the bonus units, in the proposed project as in the study.

3. Notwithstanding subsection (2), for Downtown districts any housing development subject to with tiered development standards, the maximum allowable residential density shall be based on the maximum number of units allowed for the selected Tier in the zoning district under Tier 1. The maximum allowable residential or base density shall be calculated by:
a. Estimating the realistic development capacity of the site based on the objective development standards applicable to the project, including, but not limited to, floor area ratio, site coverage, maximum building height and number of stories, building setbacks and stepbacks, public and private open space requirements, minimum percentage or square footage of any nonresidential component, and parking requirements, unless not required for the base project. Parking requirements shall include considerations regarding number of spaces, location, design, type, and circulation. Applicants may provide a base density study which the City shall accept, provided that it includes all applicable objective development standards. b. Maintaining the same average unit size and other project details relevant to the base density study, except those development standards or requirements that may be modified by waiver or concession to accommodate the bonus units, in the proposed project as in the study.

D. Calculating Density Bonus.

1. Density bonus shall be calculated by the following formula:

Density bonus = base density X percentage density bonus granted.

2. For the purposes of calculating the amount of the density bonus pursuant to subsection B, a housing development is entitled to only one density bonus over maximum allowable residential density or base density .and a 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), or (h). Density bonuses from more than one category may not be combined.

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

3. For purposes of subsection 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.
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4. For the purpose of calculating a density bonus granted pursuant to this section for a shared housing building, “unit” means one shared housing unit and its pro-rated share of associated common area facilities.

5. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.

DE.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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2649CCS § 27, adopted September 8, 2020)

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:

Minimum Percentage of Affordable Units Number of Incentives and Concessions Permitted
• 5% Very Low,
• 10% Low, or
• 10% Moderate in for-sale developments
1 • 10% Very Low,
• 17% Low, or
• 20% Moderate in for-sale developments
2 • 15% Very Low,
• 24% Low, or
• 30% Moderate in for-sale developments
3 • 100% Affordable Housing Projects or projects
meeting the criteria of Section 9.22.040(A)(1)(g) 4
To determine the number of incentives and concessions for housing developments that provide onsite affordable units in accordance with Chapter 9.64, Affordable Housing Production Program, all onsite affordable units shall be counted as very low-income units up to the highest amount of incentives and concessions granted by this Chapter 9.22 and State Density Bonus Law.

B. By Right A requested iIncentives or cConcessions. Without following the procedures in Section

9.22.080, the Director shall approve requested incentives and concessions as follows may include the following:

1. For Tier 1 housing developments in residential zones:
a. Up to a 15% deviation from one side setback requirement.; b. Up to a 10% increase in first floor parcel coverage per floor and/or story (one concession per floor and/or story).;
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c. Up to a 15% deviation from rear setback requirements. d. Up to one additional story and six feet of building height.

2. For Tier 2 housing developments in residential zones that meet the requirements of Section

9.23.030(A) of this Code: one or more of the Tier 2 incentives set forth in Table 9.08.030.For housing developments in all non residential zones:
a. Up to an additional 11 feet of Building Height.
b. Up to a 10% reduction in Minimum Ground Floor height. c. Up to a 50% decrease in private outdoor living area per unit, provided that an equivalent amount is substituted for common outdoor living area.
d. Up to a 5% decrease in unit mix requirement for market rate units only. e. Up to a 10% decrease in residential parking requirement. f. Up to a 10% decrease in long-term residential bicycle parking. g. Additional floor area to accommodate the density bonus units based on project’s average unit size.

3. In addition to the above, for 100% Affordable Housing Projects or projects meeting the criteria of Section 9.22.040(A)(1)(g) located within one-half mile of a major transit stop or located in a very low vehicle travel area in a designated county:
a. Height increase of up to 3 additional stories, or 33 feet. This shall not count towards one of the four incentives or concessions available for 100% Affordable Housing Projects or projects meeting the criteria of Section 9.22.040(A)(1)(g).

C. By Right Parking Incentives. In addition to the above, an eligible applicant project 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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 21, adopted June 14, 2016; Ord. No. 2649CCS § 28, adopted September 8, 2020)

9.22.070 Waiver or Reduction /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 reduction of any development standards that will have the effect of precluding the construction of a 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 C, aA proposal for the a 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: (i) receives a waiver from any maximum controls on density pursuant to Section 9.22.050(3)(d)(ii) and up to three additional stories or 33 feet in height in accordance with

9.22.060(A)(4), and (ii) is not located in the Pico Neighborhood Area, as outlined in Figure 118

9.40.020.A, shall be eligible for, and may receive, additional waivers or reductions of development standards in accordance with this Section. Additional waivers or reductions of development standards shall not include additional height or number of stories. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2649CCS § 29, adopted September 8, 2020) C. A housing development that receives a waiver from any maximum controls on density pursuant to Section 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 Section

9.22.050(3)(d)(ii).

9.22.080 Procedures
The following procedures shall govern the processing of a request for a density bonus, incentive, concession, waiver, modificationreduction, or revised parking standard:

A. An application for a density bonus, incentive, or concession, waiver or reduction /, modification of development standards, 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 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 or, concessions, waivers or modifications reduction of development standards, or modified parking standards. For all incentives and or concessions that are not included within the menu of incentives/ or concessions set forth in subsections B and C of Section 9.22.060, the application shall include documentation 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 formadocumentation shall include all of the following items:
a. The identifiable and actual cost reduction achieved through the incentive or concession; b. Evidence that the cost reduction allows the applicant to provide affordable units or affordable sales prices; and
c. Other information documentation requested by the Director. The Director may require that any pro formadocumentation include information regarding capital costs, equity investment, debt service, projected revenues, operating expenses, and such other information as is required to evaluate the pro formadeemed necessary by the Director.

4. For any requested waiver or reduction of a development standard, the applicant shall provide evidence that the development standard for which the waiver or reduction 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 119
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 reduction, 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 not included within the menu of by-right incentives or concessions listed in subsections B and C of pursuant to Section 9.22.060 or a waiver or modification reduction pursuant to Section 9.22.070, the following shall apply:

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 reduction or waiver or reduction 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 waiver or reduction 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, 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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2606CCS § 8, adopted April 9, 2019; Ord. No. 2649CCS § 30, adopted September 8, 2020) 120
Chapter 9.23

COMMUNITY BENEFITS
Sections:

9.23.010 Purpose

9.23.020 Applicability

9.23.030 Qualifying Benefits

9.23.010 Purpose
The purpose of this Chapter is to establish and describe regulations for implementing policies of the General Plan intended to ensure that new development that is allowed to exceed the base height, density (in Residential Districts), and floor area ratio (in Nonresidential Districts) allowed by the Land Use and Circulation Element (LUCE), in return provide community benefits that enhance Santa Monica’s highly valued community character.

More specifically, these regulations will implement LUCE policies, which require that, as development is approved above the base floor area ratio and height, it must be accompanied by a range of community benefits from 4 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 on-site 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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

9.23.020 Applicability
Except for 100% Affordable Housing Projects, theThe requirements of this Chapter apply to all projects involving new development and additions for which applicants propose to exceed the maximum base floor area, height, or densities allowed for Tier 1 projects. The provisions of this Chapter establish the requirements under which additional floor area or density and height may be allowed up to the Tier 2 maximum standards established in the General Plan and this Ordinance. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

9.23.030 Qualifying Benefits
An applicant seeking approval for a project that exceeds the base floor area or density or height allowed in the district where the project is located (“Tier 2 projects”) shall provide community benefits in each of the following categories.

A. Housing. All Tier 2 projects must meet the following requirements:

1. Affordable Housing. Applicants proposing residential and mixed-use projects shall incorporate the following:
a. At least 50 percent more affordable housing units than would be required pursuant to Section

9.64.050. Any fractional affordable housing unit that results from this formula shall be 121
provided as a whole affordable housing unit (i.e., any resulting fraction shall be rounded up to the next larger integer).
b. On-site affordable housing units shall be affordable to 30%, 50%, or 80% income households depending on the percentage of affordable units being provided and shall not include any Moderate Income units, as defined by Section 9.64.020. Subject to the modifications contained in this Subsection (A), all of the affordable units shall comply with the provisions of Chapter 9.64.
c. Affordable housing units required by this Subsection (A) may be provided offsite, pursuant to Section 9.64.060, if the affordable housing units are owned in whole or part and operated by a non-profit housing provider for the life of the project, and the Final Construction Permit Sign Off or Certificate of Occupancy for the affordable units is issued prior to or concurrently with the Tier 2 project.

2. Unit Mix. Applicants proposing residential and mixed-use projects shall incorporate the following:
a. For market rate units:
i. At least 150% of the units shall be three-bedroom units; ii. At least 2015% of the units shall be two-bedroom units; iii. No more than 15% of the units shall be studio units; iv. The average number of bedrooms for all of the market rate units combined shall be 1.2 or greater; and
v. Notwithstanding Subsections (A)(2)(a)(i-ii) 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 unit mix shall be rounded up to the next larger integer.
b. For affordable housing units:
i. The unit mix percentage for affordable two- and three-bedroom housing units shall be equal to or greater than the unit mix percentage required for the corresponding market rate units pursuant to subsection (A)(2)(a) of this Section. If the calculation results in

0.5 or more, the fraction shall be treated as a whole affordable housing unit. ii. The unit mix percentage for studio affordable housing units shall not exceed 15% of the total number of affordable units.

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 (A)(2)(a) of this Section. c. The Director may grant a waiver from this unit mix requirement pursuant to the requirements and procedures for Waivers in Chapter 9.43. d. The requirements of Subsection (A)(2) of this Section shall not apply to project applications filed prior to the effective date of this Ordinance.
.B. 3. Mitigation Fee. Applicants proposing non-residential and mixed-use projects shall pay a housing mitigation fee 14 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 this Ordinance.Affordable Housing Commercial Linkage Fee. All Tier 2 Projects proposing non-residential and mixed-use projects shall pay a housing mitigation fee 14 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 this Ordinance.
122
CB.Transportation Impact Fee. All Tier 2 Projects shall pay an additional Transportation Impact Fee (TIF) 14 percent 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 this Ordinance.

DC. Open Space. All Tier 2 Projects shall either pay an additional Open Space Fee (OSF) 14 percent above the base fee required by Chapter 9.67, Parks and Recreation Development Impact Fee Program, for that portion of the floor area above the maximum Tier 1 floor area allowed by this Ordinance, or provide publicly accessible open space that complies with the following requirements.

1. Minimum area: 7,500 square feet of usable space.

2. Open space is owned, operated, and maintained by the developer or property manager in accordance with an approved maintenance plan to be reviewed and approved by the Director of Community and Cultural Services or his/her designee.

3. Each part of the open space shall be accessible from other parts of the open space without leaving the open space area.

4. Open space shall be directly accessible from the sidewalk, and be accessible to persons with disabilities.

5. Open space shall be on the ground level.

6. No more than 20 percent of the open space is occupied by open space-related above-grade structures, such as pergolas or public restroom structures.

7. A minimum of 35 percent of the open space is planting area with grass, ground cover, bushes, or trees. All trees shall be planted flush with the surrounding grade. The Urban Forester shall be consulted as to the selection of these trees, their size, and the appropriate planter size to facilitate the trees’ viability in the given urban conditions and microclimate.

8. The open space is open to the public, without charge, each day of the year from 6 a.m. to 11 p.m., except for temporary closures for necessary maintenance or public safety.

9. At a minimum, the following elements shall be included within the open space:
a. Trees and landscaping;
b. Seating;
c. Bike racks;
d. Refuse and Recycling Receptacles; and
e. Signage that include hours of operation.

ED.Transportation Demand Management. All Tier 2 Projects shall include the following Transportation Demand Management measures in addition to those required by Chapter 9.53, Transportation Demand Management:

1. For non-residential components of projects, provide the following:
a. A Transportation Allowance equivalent to at least 75% of the cost of a monthly regional transit pass, in accordance with Section 9.53.130(B)(2)(b)(viii). b. Bike valet, free of charge, during all automobile valet operating hours.

2. For residential components of projects, provide the following:
a. A Transportation Allowance equivalent to at least 75% of the cost of a monthly regional transit pass, in accordance with Section 9.53.130(B)(2)(c)(iv). 123
b. 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. (Added by Ord.

No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 39, adopted June 14, 2016)
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Chapter 9.28

PARKING, LOADING, AND CIRCULATION
Sections:

9.28.010 Purpose

9.28.020 Applicability

9.28.030 General Provisions

9.28.040 Calculating Off-Street Parking and Loading Spaces

9.28.050 Parking Requirements by Zoning DistrictReserved

9.28.060 Off-Street Parking

9.28.070 Location of Parking

9.28.080 Loading Spaces

9.28.090 Space-Efficient Parking

9.28.100 Accessible Parking

9.28.110 Unbundled Parking

9.28.120 Parking Design and Development Standards

9.28.130 Pedestrian Facilities

9.28.140 Bicycle Parking

9.28.150 Car and Van Pool Parking

9.28.160 Electric Vehicle Charging Stations

9.28.170 Showers, Lockers, and Changing Rooms

9.28.180 Reduction of Required Parking

9.28.190 Alternate Compliance

9.28.020 Applicability
The requirements of this Chapter apply to the following.

A. New Buildings and Land Uses. On-site parking shall be provided according to the provisions of this Chapter at the time any building or structure is erected or any new land use is established.

B. Addition, Enlargement of Use, and Change of Use of Non-Residential Uses in Existing NonResidential Buildings.

1. Except as provided in subsection (B)(2), a change of use shall provide the difference between the required parking ratio for the proposed use and one automobile parking space per 300 square feet.

2. Changes in use that create an increase of 3 or fewer required parking spaces, calculated in accordance with subsection (B)(1), shall not be required to provide additional on-site automobile parking according to the provisions of this Chapter. Bicycle parking shall be provided in accordance with Section 9.28.140.

3. Existing parking shall be maintained and additional parking shall be required only for such addition, enlargement, or change of use and not for the entire building or site. If the number of existing parking spaces is greater than the requirements for such use, the number of spaces in excess of the prescribed minimum may be counted toward meeting the parking requirements for the addition, enlargement, or change in use.

4. A change in occupancy is not considered a change in use unless the new occupant is a different use than the former occupant.
125
C. Additions, Alterations, and Enlargement of Use, and Change of Use of Residential Uses in of Existing Residential Buildings.

1. For any new commercial, cultural, health, industrial, or commercial entertainment and recreation use of an existing residential building, structure including any addition and enlargement of use, parking spaces in the number specified in Section 9.28.060, Required Off-Street Parking, shall be provided for the entire parcel.

21. For any new residential use that is not a multiple unit dwelling or educational use of in an existing residential building or structure, if such that the new residential or educational use will require a greater number of parking spaces as compared to the previous use, parking spaces in the number specified in Section 9.28.060, Required Off-Street Parking, shall be provided for the new use.

2. Multiple Unit Dwellings. Additional parking shall be required for the proposed addition or alteration if it increases the number of bedrooms of existing units.

3. Increased Number of Dwelling Units. The creation of additional dwelling units through the alteration of an existing building or construction of an additional structure or structures requires the provision of on-site parking to serve the new dwelling units in compliance with the provisions of this Chapter. This requirement does not apply when sufficient on-site parking exists to provide the number of spaces required for the existing and new dwelling units in compliance with all applicable requirements.

D. Non-Residential Uses in Housing Projects

1. Non-Residential Uses in Housing Projects ocated in Office Campus Zoning Districts. No minimum parking is required for uses within a housing project.

2. Non-Residential Uses in Housing Projects located in the Neighborhood Commercial Zoning Districts along Main Street and Montana Avenue. uses within a housing project shall be granted a reduction of 10 spaces from the minimum parking requirement specified in Section 9.28.060, Off-Street Parking.E. Residential Uses Added to Existing Commercial Development in NonResidential Zones

1. Residential uses added to a non-residentially zoned parcel where the existing commercial use is being retained shall be granted a reduction of 10 spaces from the minimum parking requirement specified in Section 9.28.060, Off-Street Parking.

Additions and Alterations to Residential Buildings. When an addition or alteration is proposed to a residential building that does not currently provide parking in compliance with this Chapter, the following regulations apply:

1. Multi-Unit Dwellings. Additional parking shall be required for the proposed addition or alteration if it increases the number of bedrooms of existing units.

2. Increased Number of Dwelling Units. The creation of additional dwelling units through the alteration of an existing building or construction of an additional structure or structures requires the provision of on-site parking to serve the new dwelling units in compliance with the provisions of this Chapter. This requirement does not apply when sufficient on-site parking exists to provide the number of spaces required for the existing and new dwelling units in compliance with all applicable requirements.

DE.Construction Timing. On-site parking facilities required by this Chapter shall be constructed or installed prior to the issuance of a Certificate of Occupancy for the uses that they serve. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 23, adopted June 14, 2016; Ord. No. 2624CCS § 8, adopted November 12, 2019) 126

9.28.030 General Provisions
A. Existing Parking and Loading to be Maintained.

1. No existing parking and/or loading serving any use may be reduced in amount or changed in design, location, or maintenance below the requirements for such use at the time it was entitled unless equivalent substitute facilities are provided., with the exception of the following:
a. A new Housing Project is only required to maintain or replace at least 50% of the existing on-site parking serving an existing use to be retained. a.b. For additions, expansions, or alterations to existing schools, existing on-site parking may be reduced by 50% to accommodate the proposed addition, expansion, alteration if school land use is retained.

2. Within the Downtown Community Plan area, properties must maintain the maximum number of parking spaces set forth in Table 9.28.060.

2.3.For Historic Resources, see Section 9.28.180(B).

B. Access. Access to parking for intended users, including employees, shall be available during all business hours.

C. Assignment. Assignment of parking spaces to individual users or tenants within a mixed use and/or multi-tenant project shall be prohibited except when such spaces are reserved for disabled parking, car or vanpool users, car share vehicles, or residential units.

D. Application to All Parking. All parking provided must be in compliance with the standards set forth in this Chapter.

E. Parking and Loading Operations Plan. Projects that result in greater than 40 provided parking spaces, new private parking surface lots or structures, or projects that provide space-efficient parking shall submit a Parking and Loading Operations Plan to the Director for review and approval before issuance of any building permits. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 24, adopted June 14, 2016; Ord. No. 2551CCS § 3, adopted August 8, 2017; Ord. No. 2576CCS § 7, adopted June 12, 2018)

9.28.040 Calculating Off-Street Parking and Loading Spaces A. Rules for Calculating Required Spaces. The following rules shall be followed for calculating the amount of off-street parking and loading spaces.

1. Rounding. Fractional space requirements totaling 0.5 or above shall be rounded up to the next whole space after calculating the total number of required spaces. Rounding up shall not apply to loading spaces; however, a minimum of one space shall be provided.

2. Residential Uses. For purposes of calculating off-street parking requirements for dwelling units, all private living spaces including, but not limited to, dens, studios, family rooms, studies and lofts shall be considered as “bedrooms” except that a maximum of one such room per unit shall not count as a bedroom if it is less than 100 square feet in area. Kitchens, bathrooms, and one living room per unit shall not be considered bedrooms. Semiprivate rooms shall not count as bedrooms if they have no doors and a minimum 7-foot opening to adjacent living space. A loft or mezzanine shall not count as a bedroom if the maximum width of the loft or mezzanine is less than 7 feet.

3. Nonresidential Uses. Unless otherwise specified, the floor areas used to calculate the number of off-street parking and loading spaces required for nonresidential uses shall include:
a. All floor area located above or below grade devoted to office, retail, service, or other activities and uses, storage areas, restrooms, lounges, lobbies, kitchens, and interior hallways and corridors, unless exempted by this Chapter; and 127
b. All outdoor areas that will accommodate a permanent activity that will generate a demand for parking facilities in addition to that which is provided for principal activities and uses within the building or structure.

4. Multiple Uses. When 2 or more principal uses are located on the same parcel, the estimated parking demand shall be the sum of the estimated demand of the various individual uses computed separately, in accordance with this Section, unless shared parking is approved pursuant to Section 9.28.180.

5. Exclusions. Floor area devoted to the following shall not be included when determining required parking and loading spaces:
a. Automobile parking;
b. Loading areas;
c. Driveways, drive aisles, ramps;
d. Bicycle parking;
e. Showers or locker areas not associated with a physical training, personal service or instructional service; and
f. Outdoor dining and seating less than 200 square feet in size associated with restaurants.

65. Maximum Parking RequirementsLimitations. The maximum number of parking spaces allowed shall be based on use type as listed in the table in Section 9.28.060, Off-Street Parking.

The following rules apply when calculating maximum parking requirements:
a. Multiple Uses. When 2 or more principal uses are located on the same parcel, the estimated parking demand shall be the sum of the estimated demand of the various individual uses computed separately, in accordance with this Section, unless shared parking is approved pursuant to Section 9.28.180.
ab. Maximum Amount of Parking. When a use is subject to minimum parking requirements set forth in Section 9.28.060, Off-Street Parking, Tthe maximum allowable amount of parking shall be 2 spaces or 5%, more, whichever is greater, than the quantities specified in Section

9.28.060, except for permanent public parking. No additional parking is allowed in excess of the quantities specified in Section 9.28.060 for the Downtown Community Plan area in Section 9.28.060, Off-Street Parking. In order to obtain approval for permanent public parking in excess of these maximum allowable amounts, a Conditional Use Permit approved by the Planning Commission shall be required pursuant to Chapter 9.41, subject to the following additional required findings:
i. Parking provided in excess improves the pedestrian, transit, and bicycle network; ii. Vehicle movement on or around the project site associated with the excess parking does not unduly impact pedestrian spaces or movement, transit service, bicycle movement, or the overall traffic movement in the district; iii. Accommodating excess parking does not degrade the overall urban design quality of the project proposal;
iv. All above-grade parking is architecturally screened and the excess parking does not diminish the quality and viability of existing or planned landscape enhancements; and 128
v. Where off-street parking is proposed that exceeds the maximum quantities specified, such parking shall not be the principal use of the property. bc. Replacement of Existing Parking. If a site contains existing surface parking that serves as Code or permit-required parking for an off-site user, such parking spaces may be replaced on-site as part of any redevelopment of the site, and such replacement parking shall not be considered parking that exceeds the quantities specified in Section 9.28.060 for purposes of subsection (A)(5)(b).
cd. Parking Requirements of Other Governmental Entities. Should parking above the maximum be imposed by another governmental entity based on established minimum parking requirements, and such additional parking was not simply requested by the applicant, parking in the amount to meet the entity’s minimum requirements may be allowed.

6. Minimum Parking Requirements.
a. Downtown Community Plan Area. There is no minimum parking requirement. b. Citywide and Parking Overlay 1 Area. The minimum parking must comply with Section

9.28.060, except as elsewhere allowed in this Chapter. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2551CCS § 3, adopted August 8, 2017)

9.28.050 Parking Requirements by Zoning District (Reserved) To implement the parking policies of the General Plan, Zoning District parking requirements for those areas in the immediate vicinity of high quality transit stations or stops and the Memorial Park Specific Plan area differ from all other areas of the City. Figure 9.28.050 designates which areas constitute Parking Overlay Area 1, as referenced in Table 9.28.060, which lists the off-street parking requirements for areas Citywide (Excluding the Parking Overlay Area 1, Downtown Community Plan area, and Bergamot Area Plan area) and for Parking Overlay Area 1.

FIGURE 9.28.050: PARKING OVERLAY AREAS
129
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2551CCS § 3, adopted August 8, 2017; Ord. No. 2576CCS § 8, adopted June 12, 2018)

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.

A. Applicability.

1. Minimum off-street parking requirements are set forth in Table 9.28.060. Notwithstanding the forgoing, minimum off-street parking requirements shall not apply to any of the following:
a. Land uses within one-half mile of a Major Transit Stop, except the following:
i. Hotels and Motels
130
ii. Bed and Breakfasts
b. Outside of one-half mile of a Major Transit Stop, all land uses within a Housing Project, except for those located within the Single-Unit Residential (R1) and Ocean Park Single-Unit Residential (OP1) zoning districts.
c. Additions, alterations, and enlargement of residential uses in existing buildings, including increases to the number of dwelling units and/or bedrooms. d. All land uses within the Downtown Community Plan area.

2. Maximum off-street parking requirements are set forth in Table 9.28.060 for land uses within the Downtown Community Plan and Section 9.28.040(A)(6)(a), above, for all other areas within the City.

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)
Projects Outside of One-Half
Mile of a Major Transit Stop
(minimum parking required)
Parking Overlay Area 1
Projects Within One-Half Mile of
a Major Transit Stop
(minimum parking required)
Downtown Community
Plan Area
(maximum parking allowed)
Residential Uses
Single-Unit Dwelling 2 spaces per dwelling unit N/A 2 spaces per dwelling unit Accessory Dwelling
Unit
1 space per dwelling unit 1 space per dwelling unitN/A N/A Junior Accessory
Dwelling Unit N/A N/A N/A
Duplex, MultipleUnit Dwelling
(See Section

9.22.060(C), By
Right Parking
Incentives, for
alternative parking
ratios)
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
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 N/A
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:

Studio, no bedrooms = 0.5 space
per unit
1 bedroom = 0.75 space per unit
2 or more bedrooms = 1 space 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 N/A
Deed Restricted Affordable Units:

Guest = 1 space per 30 units
Studio, no bedrooms = 0.25 space
per unit
1 bedroom = 0.25 space per unit
2 or more bedrooms = 0.5 space
per unit
Senior Citizen
Multiple-Unit
Residential

0.5 space per unit
Guest = 1 space per 5 units
Low and moderate income units =

0.25 space per unit
N/A 0.5 space per unit
Guest = 1 space per 6 units
Low and moderate income units =

0.25 space per unit

0.5 space per unit
Guest = 1 space per 6 units
Low and moderate income units =

0.25 space per unit
Single-Room
Occupancy Housing
See Multiple-Unit Dwelling N/A See Multiple-Unit Dwelling See Multiple-Unit Dwelling Group Residential 0.5 space per bed N/A 0.5 space per bed 0.5 space per bed Congregate Housing 1 space per 5 beds N/A 1 space per 5 beds 1 space per 5 beds Senior Group
Residential

0.5 space per unit
Guest = 1 space per 5 units
Deed restricted affordable = 0.25
space per unit
N/A 0.5 space per unit
Guest = none required
Deed restricted affordable = 0.25
space per unit

0.5 space per unit
Guest = none required
Deed restricted affordable = 0.25
space per unit
Elderly and Long- 0.5 space per bed plus one visitor N/A 0.2 space per bed 0.2 space per bed 131
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)
Projects Outside of One-Half
Mile of a Major Transit Stop
(minimum parking required)
Parking Overlay Area 1
Projects Within One-Half Mile of
a Major Transit Stop
(minimum parking required)
Downtown Community
Plan Area
(maximum parking allowed)
Term Care space per 5 beds
Family Day Care
Large
None required other than what is
required for the existing residence
N/A 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
N/A 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
N/A 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
N/A 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
N/A If more than 6 residents = 0.25
space per bed plus 1 visitor space
per 5 beds
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
N/A If less than 6 residents = none
other than what is required for the
existing residence
If less than 6 residents = none
other than what is required for the
existing residence
Hospice, General
If more than 6 residents = 0.25
space per bed plus 1 visitor space
per 5 beds
N/A If more than 6 residents = 1
space per 5 beds
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
N/A If less than 6 residents = none
other than what is required for the
existing residence
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
N/A 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
N/A If more than 6 residents = 1
space per 5 beds
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
N/A If less than 6 residents = none
other than what is required for the
existing residence
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
N/A 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. N/A 1 space per 500 sq. ft. 1 space per 500 sq. ft.

Child Care and Early
Education Facilities 1 space per 500 sq. ft. N/A 1 space per 500 sq. ft. 1 space per 500 sq. ft.

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
N/A 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 N/A 1 space for each 6 seats 1 space for each 6 seats Cultural Facilities 1 space per 300 sq. ft. N/A 1 space per 500 sq. ft. 1 space per 500 sq. ft.

Emergency Shelters 1 space per 10 beds N/A 1 space per 10 beds 1 space per 10 beds Hospitals and Clinics 1 space per 250 sq. ft. N/A 1 space per 250 sq. ft. 1 space per 250 sq. ft.

Schools, Public or
Private
Elementary and Middle Schools:
2 spaces per classroom
N/A Elementary and Middle
Schools:

Elementary and Middle Schools:

1.75 spaces per classroom
132
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)
Projects Outside of One-Half
Mile of a Major Transit Stop
(minimum parking required)
Parking Overlay Area 1
Projects Within One-Half Mile of
a Major Transit Stop
(minimum parking required)
Downtown Community
Plan Area
(maximum parking allowed)

1.75 spaces per classroom
High Schools:
5 spaces per classroom
N/A High Schools:
4 spaces per classroom
High Schools:
4 spaces per classroom
Social Service Centers 1 space per 300 sq. ft. N/A 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 N/A See Retail Sales See Retail Sales
Kennel 1 space per 1,000 sq. ft. N/A 1 space per 1,000 sq. ft. 1 space per 1,000 sq. ft.

Pet Day Care
Services 1 space per 500 sq. ft. N/A 1 space per 1,000 sq. ft. 1 space per 1,000 sq. ft.

Veterinary Services See Medical Office N/A See Medical Office See Medical Office Automobile/Vehicle Sales and Service
Alternative Fuels and
Recharging Facilities
2 spaces for self-service station N/A 2 spaces for self-service station 2 spaces for self-service station 1 space per 100 sq. ft. of retail N/A 1 space per 100 sq. ft. of retail 1 space per 100 sq. ft. of retail Automobile Rental
1 space per 500 sq. ft. N/A 1 space per 500 sq. ft.
1 space per 1,000 sq. ft. of outdoor N/A
rental storage area
N/A 1 space per 1,000 sq. ft. of
outdoor rental storage area
Automobile Storage
Uses
1 space N/A 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
N/A 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 nonservice bay floor areaN/A 1 space per 500 sq. ft. of nonservice bay floor area1 space per 500 sq. ft. of nonservice bay floor area 2 spaces per service bay N/A 2 spaces per service bay 2 spaces per service bay Automobile/Vehicle
Washing
2 spaces for each washing stall, not
including the stall
N/A 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 N/A 2 spaces if self-service station 2 spaces if self-service station 1 space per 100 sq. ft. of retail N/A 1 space per 100 sq. ft. of retail 1 space per 100 sq. ft. of retail Must follow requirements for repair
where applicable
N/A Must follow requirements for
repair where applicable
Must follow requirements for
repair where applicable
Banks and Financial Institutions
Banks and Credit
Unions
See Business, Professional, and
Creative Office
N/A See Business, Professional,
and Creative Office 1 space per 300 sq. ft.

Check Cashing
Businesses
See Business, Professional, and
Creative Office
N/A See Business, Professional,
and Creative Office N/A
Business Services
See Business, Professional, and
Creative Office
N/A See Business, Professional,
and Creative Office
See Business, Professional, and
Creative Office
Commercial Entertainment and Recreation
Cinemas 1 space per 4 seats N/A 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
Theaters 1 space per 4 seats N/A 1 space per 4 seats See Cinemas 133
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)
Projects Outside of One-Half
Mile of a Major Transit Stop
(minimum parking required)
Parking Overlay Area 1
Projects Within One-Half Mile of
a Major Transit Stop
(minimum parking required)
Downtown Community
Plan Area
(maximum parking allowed)
Convention and
Conference Centers 1 space per 80 sq. ft. N/A 1 space per 100 sq. ft. 1 space per 100 sq. ft.

Large-Scale
Facilities 1 space per 80 sq. ft. N/A 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. N/A 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. N/A 1 space per 100 sq. ft. 1 space per 500 sq. ft.

Instructional Services See Retail Sales N/A See Retail Sales See Retail Sales Eating and Drinking Establishments
Bars/Nightclubs/
Lounges
1 space per 50 sq. ft. N/A 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. N/A 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. N/A 1 space per 200 sq. ft. 1 space per 500 sq. ft.

Restaurants, 5,000+
sq. ft. 1 space per 125 sq. ft. N/A 1 space per 125 sq. ft. 1 space per 300 sq. ft.

Restaurant Outdoor
Eating Areas, less
than 200 sq. ft.

None N/A None None
Restaurant Outdoor
Eating Areas, 200 sq.
ft. and more
Same as required for restaurant type
N/A 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 N/A See Retail Sales See Retail Sales Food and Beverage Sales
Convenience Market See Retail Sales N/A See Retail Sales See General Market General Market less
than 2,500 sq. ft. 1 space per 300 sq. ft. N/A 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. N/A 1 space per 300 sq. ft. 1 space per 500 sq. ft.

General Market
5,000+ sq. ft. 1 space per 250 sq. ft. N/A 1 space per 300 sq. ft. 1 space per 300 sq. ft.

Liquor Stores See Retail Sales N/A See Retail Sales See General Market Funeral Parlors and
Mortuaries
1 space per 80 sq. ft. or 1 space per
4 seats, whichever is higher
N/A 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 N/A 1 space per unit plus 1 space per 500 sq.ft. 1 guest space per unit N/A 1 guest space per unit -
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

0.75 space per room plus 1 space
per 250 sq. ft. of meeting and

0.5 space per guest room plus 1
space for each 250 sq. ft. used for
134
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)
Projects Outside of One-Half
Mile of a Major Transit Stop
(minimum parking required)
Parking Overlay Area 1
Projects Within One-Half Mile of
a Major Transit Stop
(minimum parking required)
Downtown Community
Plan Area
(maximum parking allowed)
space banquet space 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 ½ 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 Interior space see Retail Sales, plus Interior space see Retail Sales, plus
1 space per 1,000 sq. ft. of outdoor
display and storage area
1 space per 1,000 sq. ft. of outdoor
display and storage area
1 space per 1,000 sq. ft. of
outdoor display and storage area
Offices
Business,
Professional,
Creative, less than
2,500 sq. ft.
1 space per 300 sq. ft. N/A 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. N/A 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. N/A 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. N/A 1 space per 250 sq. ft. 1 space per 300 sq. ft.

Walk-In Clientele See Business, Professional, and
Creative Office
N/A See Business, Professional,
and Creative Office
See Business, Professional, and
Creative Office
Personal Services
General Personal
Services
See Retail Sales N/A See Retail Sales See Retail Sales
Tattoo or Body
Modification Parlor See Retail Sales N/A See Retail Sales See Retail Sales Physical Training See Retail Sales N/A See Retail Sales See Retail Sales Retail Sales
Retail, less than
2,500 sq. ft. 1 space per 300 sq. ft. N/A 1 space per 500 sq. ft. 1 space per 500 sq. ft.

Retail, 2,500 – 5,000
sq. ft. 1 space per 300 sq. ft. N/A 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. N/A 1 space per 300 sq. ft. 1 space per 300 sq. ft.

Maintenance and
Repair Services
See Retail Sales N/A See Retail Sales
Nurseries and
Garden Centers
Interior spaces see Retail Sales, plus N/A Interior space see Retail Sales, plus
1 space per 1,000 sq. ft. of outdoor
display and storage area N/A 1 space per 1,000 sq. ft. of outdoor display and storage area Industrial Uses
Artist’s Studio 1 space per 400 sq. ft. N/A 1 space per 400 sq. ft. 1 space per 1,000 sq. ft. 135
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)
Projects Outside of One-Half
Mile of a Major Transit Stop
(minimum parking required)
Parking Overlay Area 1
Projects Within One-Half Mile of
a Major Transit Stop
(minimum parking required)
Downtown Community
Plan Area
(maximum parking allowed)
Commercial Kitchens 1 space per 300 sq. ft. N/A 1 space per 300 sq. ft. 1 space per 300 sq. ft.

Industry, General 1 space per 400 sq. ft. N/A 1 space per 400 sq. ft. N/A Industry, Limited 1 space per 400 sq. ft. N/A 1 space per 1,000 sq. ft. N/A Media Production
1 space per 400 sq. ft. of studio
space
N/A 1 space per 400 sq. ft. 1 space per 500 sq. ft. 1 space per 300 sq. ft. of editing space
1 space per 300 sq. ft. of
administrative space
Research and
Development 1 space per 300 sq. ft. N/A 1 space per 1,000 sq. ft. N/A Warehousing, Storage, and Distribution
Indoor Warehousing
and Storage 1 space per 1,000 sq. ft. N/A 1 space per 1,000 sq. ft. N/A Personal Storage 1 space per 4,000 sq. ft. N/A 1 space per 4,000 sq. ft. N/A Wholesaling and
Distribution 1 space per 1,000 sq. ft. N/A 1 space per 1,000 sq. ft. N/A (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 43, adopted June 14, 2016; Ord. No. 2536CCS § 8, adopted February 28, 2017; Ord. No. 2551CCS § 3, adopted August 8, 2017; Ord. No. 2649CCS § 31, adopted September 8, 2020)

9.28.070 Location of Parking
Required off-street parking and loading spaces shall be located on the same parcel as the use they serve, except as otherwise provided in this Chapter. Entrances to off-street parking and loading should be located on a non-primary façade, except as described below. Where a parcel contains more than 1 street frontage, the parking entrance should be located on the secondary street or alley. All efforts should be made to eliminate the impacts of parking entrances on main thoroughfares and transit-oriented streets. The requirements of this Section shall not apply to vehicles on display by an automobile dealer in a showroom or approved outdoor area unless otherwise specified by the ordinance codified in this Section.

A. Above-Ground Parking.

1. Residential Districts. Parking shall be located in the rear half of the parcel and at least 40 feet from a street-facing property line, except as provided below:
a. Single-Unit Residential Districts.
i. Required parking may be located in the front half of the parcel provided the parking is located behind the primary first-story façade facing the street. Required parking in the single-unit residential districts shall not be required to be located within an enclosed garage; however, allowable garages may be located in the front half of the parcel subject to the setback requirements of the Base District and the following:
i(1). Garage doors facing a public street shall be located at least 5 feet behind the primary façade facing the street, and never less than the required Base District setback.
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ii(2). Projection into Front Yard Setback. In the R1 Single-Unit Residential District, a one-story garage attached to the primary structure with a maximum height of 14 feet, including parapets and railings, a maximum length of 25 feet, and with garage doors perpendicular to the public street, shall be allowed to project up to 6 feet into the required front yard if no alley access exists, but may not extend closer than 20 feet to the front property line.
ii. Accessory Dwelling Units and Junior Accessory Dwelling Units. Parking displaced by the establishment of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit may be relocated in the front half of the parcel and an existing curb cut may be retained if parking meets dimensional requirements, hazardous visual obstruction standards, and is not located on a no backout street.
b. Multi-Unit Residential Districts. Parking may be located in the front half of the parcel in Multi-Unit Residential Districts provided that no part of a required front setback shall be used for parking purposes.
c. Garage Openings and Doors.
i. Garage Opening Setback. Garage openings shall be located the following minimum distances from parcel lines adjoining streets and alleys:
(1) Front-entry garage: 20 feet.
(2) Side-entry garage: 5 feet.
(3) Garage with alley access: 15 feet from centerline of alley. (4) Narrow parcels: For garages with rear vehicular access from an alley and located on a parcel 27 feet wide or less, the side setback adjacent to a street or another alley may be reduced to 3 feet.
(5) A minimum 22-foot turning radius is required from the garage to the opposite side of the street alley, drive aisle, or driveway.
ii. Garage Door Width. If a garage faces the front or street side parcel line, the garage doors shall not be more than 18 feet wide. A door to a single space shall not be more than 9 feet wide. Not more than 1 double garage may be entered from the side street side of a corner or a reversed corner parcel. However, within the Single-Unit Residential (R1) District, the following shall apply:
(1) Garage doors facing the public street may not exceed 16 feet in width unless located in the rear half of the parcel except as provided in Section 9.07.030(A). (2) On parcels 27 feet wide or less, no more than one garage door shall be permitted facing the public street, and the garage door shall not exceed 9 feet in width. d. Sloped Parcels. Garages may be located in the required front setback when the elevation of the ground at a point 50 feet from the front parcel line and midway between the side parcel lines differs 12 feet or more from the level of the curb or in all Ocean Park Districts where there is a change in existing grade of 10 feet or more between the midpoint of the front parcel line and the midpoint of the rear parcel line subject to the following:
i. Height shall not exceed 14 feet if a pitched roof, 11 feet for a flat roof, or 1 story; ii. No portion of the garage may be closer than 5 feet from the front property line; 137
iii. The garage may not occupy more than 50 percent of the width of the front setback; and
iv. In all Ocean Park Districts, a garage that complies with subsections (i) through (iii) may be set back a distance equal to the average setback of garages on adjacent parcels if the interior garage width does not exceed 20 feet.
e. Along the Pacific Coast Highway. Uncovered parking may be located in the front half of the parcel and within the required front setback on parcel located along the Pacific Coast Highway between the Santa Monica Pier and the north City limits. f. Rooftop Parking. Rooftop parking is prohibited in all Residential Districts.

2. Mixed-Use and Non-Residential Districts.
a. Interior Side and Rear Setbacks. Above-ground parking that does not extend above the first floor level may be located within required interior side and rear setback provided above ground parking is set back a minimum of 5 feet from an interior parcel line adjacent to a Residential District.
b. Rooftop Parking.
i. Rooftop parking is prohibited in the following areas:
(1) Neighborhood Commercial Districts; and
(2) Except as authorized in Section 9.31.070(D)(6), within 50 feet of Residential Districts.
ii. Where permitted, rooftop parking areas shall be screened at their perimeters to prevent light spill onto adjacent properties. Non-skid or other similar surface treatment on both floors and ramps of the rooftop shall be required to prevent tire squeals. In order to minimize noise and air impacts, exhaust vents and other mechanical equipment shall be located as far from residential uses as feasible consistent with Chapter 8 of the Municipal Code.

B. Subterranean Parking Structures.

1. Required Setbacks. A subterranean parking structure may be constructed and maintained in any required setback area except in any required unexcavated areas.

2. Openings. All openings for ingress and egress facing the front parcel line shall be situated at or behind the front building line of the main building. There shall be no more than 1 vehicular opening facing the front parcel line for each main building. Pedestrian access openings are permitted.

3. Crossing Property Lines. Development located on 2 or more separate parcels may share common subterranean parking garages or link circulation between subterranean parking facilities only if the parcels are combined pursuant to Section 9.21.030, Development on Multiple Parcels.

C. Semi-Subterranean Parking Structures.

1. Front Setback. Semi-subterranean parking structures shall not be located within a required front setback.

2. Side and Rear Setback.
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a. On parcels less than 50 feet in width, a semi-subterranean parking structure may extend to both property lines and to the rear property line.
b. On parcels having a width of 50 feet or greater, a semi-subterranean parking structure may be constructed and maintained in any required side or rear setback area except in a required unexcavated area.

3. Openings. All openings for ingress and egress facing the front parcel line shall be situated at or behind the front building line of the main building. There shall be no more than 1 vehicular opening facing the front parcel line for each main building. Pedestrian access openings are permitted.

4. Parking Podium Height. The finished floor of the first level of the building or structure above the parking structure shall not exceed 3 feet above the average natural, sloped average natural, or theoretical grade of the parcel, except for openings for ingress and egress. (Added by Ord.

No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 25, adopted June 14, 2016; Ord. No. 2536CCS § 3, adopted February 28, 2017; Ord. No. 2567CCS § 5, adopted December 12, 2017; Ord. No. 2624CCS § 9, adopted November 12, 2019)

9.28.080 Loading Spaces
A. Purpose. Loading spaces are required to ensure adequate areas for loading purposes for all on-site uses so that commercial and passenger loading activities will be conducted without negatively affecting traffic safety or the quality of abutting public streets for people walking, bicycling, or driving. Loading spaces also facilitate low-car-use lifestyles by supporting shared delivery and passenger transportation services.

B. Applicability. The regulations in this Section shall apply to existing and proposed projects with new buildings, additions, or changes of use, and shall govern design of both required and non-required loading areas.

C. Submittal of Loading Plan. As part of the application for all applicable projects, a loading plan shall be submitted. The plan shall include a site plan dimensioning all required and non-required loading spaces and indicating the path of travel to the space and the path of travel for the goods or passengers from the loading space. The approved loading plan shall be retained on-site at all times and shall be made available to all site users.

D. Loading Space Dimensions. Loading spaces shall comply with the following standards, as required in this Section. Loading spaces shall not count as parking spaces.

1. A standard loading space shall be at least 30 feet long, 12 feet wide, and have a clearance of 14 feet.

2. A semi-tractor trailer loading space shall be at least 65 feet long, 15 feet wide, and have a clearance of 14 feet.

3. A passenger loading space shall be at least 18 feet long and 10 feet wide. Design should not reduce pedestrian orientation of the site or increase the number of curb-cuts and shall not require pedestrians to cross a driveway, parking aisle, alley, or street in order to reach the building entrance. The spaces must be accessible without a fee, key, or access card and located as close as practicable to the building entrance or passenger elevator.

E. Number of Loading Spaces Required. Projects shall provide loading spaces as follows:

1. Residential Only.
a. Projects with more than 50 units shall be required to provide 1 standard loading space. 139

2. Commercial Only.
a. Projects with 2,500 or less square feet of floor area shall not be required to provide loading. b. Projects with 2,501 to 7,500 square feet of floor area shall provide 1 passenger loading space at grade or on the first parking level above or below grade. See SMMC

9.28.080.D.3[RF1].
c. Projects with 7,501 to 50,000 square feet of floor area shall provide 1 standard loading space; however, if the use includes a market, restaurant, or other food sales and service of more than 5,000 square feet of floor area, the required loading space shall be a semi-tractor trailer loading space.
d. Projects with 50,000 or more square feet of floor area shall provide 1 passenger loading space and one standard loading space; however, if the use includes a market, restaurant, or other food sales and service of more than 5,000 square feet of floor area, the required loading space shall be a semi-tractor trailer loading space.

3. Mixed-Use Projects. Mixed-use projects shall provide the required loading spaces for the use that requires the greater number of loading spaces. If the number of required loading spaces for the residential and commercial uses is equal, the loading space with the greater dimensional requirements shall be required.

4. Schools and Day Care Centers. Schools and day care centers shall provide loading spaces based on enrollment as follows:

Table 9.28.080.E.4: SCHOOLS AND DAY CARE CENTER LOADING SPACES Enrollment (students) Loading Requirement
1-20 2 Passenger
21-60 4 Passenger
61-299 6 Passenger
1 Standard
300 and over 8 Passenger
1 Standard
In addition, uses of this type with less than 61 students and an on-site cafeteria or similar food service shall provide one standard loading space.

5. All projects with more than 100,000 square feet of Commercial Use floor area: The Director may require additional loading spaces based on the project’s needs and site feasibility.

F. Location of Loading Spaces. Loading areas shall be located as follows:

1. All loading facilities shall be provided off-street and within the subject property. The Director may authorize up to one required on-street passenger loading space along a frontage curb for certain designated times for schools and Child Care and Early Education Facilities.

2. Loading spaces shall be located adjacent to building door openings.

3. Loading spaces shall be situated to minimize interference with automobile, pedestrian, and bicycle paths of travel.

4. Loading spaces shall be situated to avoid adverse impacts upon neighboring properties, including noise pollution.
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5. Loading spaces shall be accessible from an alley, or if no alley is adjacent to the site, a minor roadway.

6. Loading spaces shall be located in the required rear setback provided that it is not located in any required landscaped area and provided that no portion of a street or alley is counted as part of the required loading area.

G. Design of Loading Spaces.

1. Screening. Loading areas adjacent to residential uses or public streets or alleys shall be screened or a design shall be provided for approval by the Director.

2. Identification. Loading areas shall be designed, laid out, and clearly marked as being distinct from required parking spaces and aisles, unless the City approves the use of the parking area as an undesignated overlay loading area during non-business hours.

3. Obstructions Prohibited. No walkway, mechanical equipment, utility, waste collection/disposal receptacle, or other equipment or fixture may be placed in any loading area.

4. Wayfinding Signage. Loading space wayfinding signage is required for every site.

H. Loading Space(s) Driveways and Maneuvering Areas. Each on-site loading space required by this Chapter shall be provided with driveways for ingress and egress and maneuvering space of the same type and meeting the same criteria required for on-site parking spaces. Truck-maneuvering areas shall not encroach into required parking areas, travelways, or street rights-of-way. This requirement may be modified upon a finding by the Director that sufficient space is provided so that truckmaneuvering areas will not interfere with vehicle and pedestrian circulation.

I. Exceptions for Buildings under 10,000 Square Feet. Notwithstanding the requirements of this Chapter, a waiver or reduction in the number and/or dimensions of loading areas and spaces may be permitted by the Director for projects that will result in a total of less than 10,000 square feet on the property if it is determined that the only feasible location for a loading zone within the project boundaries will detract from the project’s pedestrian orientation and thereby not meet the City’s intent to create active, lively streetscapes.

J. Exceptions to Providing Semi-Tractor Trailer Loading. Notwithstanding the requirements of this Chapter, if a project is adjacent to an alley and the Director determines that the provision of parking for a semi-tractor trailer is not feasible, a 10-foot by 50-foot area parallel and adjacent to the alley may be dedicated for loading and unloading. No projections may be permitted if they would otherwise render the area inadequate for loading. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 26, adopted June 14, 2016; Ord. No. 2536CCS § 10, adopted February 28, 2017)

9.28.120 Parking Design and Development Standards
All off-street parking and loading areas except those used exclusively for stacked or valet parking, shall be designed and developed consistent with the following standards.

A. The design, location or position of any parking layout, entry, driveway, approach or accessway from any street or alley shall be approved by the Director.

B. Parking Access.

1. Driveways. Driveways must lead to parking spaces that comply with the design standards in this Section and all other applicable standards.
a. Single-Unit Residential and Ocean Parking Single-Unit Residential Districts. Subject to Section 9.28.120(B)(3), no more than one driveway to a public street is allowed on a parcel 141
with less than 100 linear feet of street frontage, and no more than 2 driveways to a public street are allowed on a parcel with 100 linear feet or greater of street frontage. b. All Other Districts. Subject to subsection (B)(3), the number of driveways shall not be more than necessary to allow access in and out of a parcel and/or building.

2. Combined Entrances. Combining entrances for off-street parking with those for off-street loading is permitted.

3. Alley Access. Access to parking areas shall be from alleys. Curb cuts are prohibited except where a project site meets at least one of the following criteria:
a. The site has no adjacent side or rear alley having a minimum right-of-way of 15 feet.

Corner parcels with no adjacent side or rear alley must take access from the side street. b. The average slope of a multi-unit residential parcel is at least 5 percent. c. The Director determines that a curb cut is appropriate due to traffic, circulation, or safety concerns.
d. Commercial properties may have nonresidential parking access from side streets.

4. Hazardous Visual Obstructions. Parking areas and access shall comply with Section 9.21.180, Hazardous Visual Obstructions.

5. Gates. Gates across driveways shall be a minimum of 18 feet from the parcel line in all Residential Multi-Unit and Commercial Districts, if access is not from an alley. For parking lots or structures with more than 50 parking spaces, gates across driveways shall be a minimum of 36 feet from the parcel line, if access is not from an alley. Gates serving commercial uses that are designed to be open at all times during the on-site business’ hours are exempt.

6. Shared Access. Nonresidential projects are encouraged to provide shared vehicle and pedestrian access to adjacent nonresidential properties for convenience, safety, and efficient circulation. A joint access agreement guaranteeing the continued availability of the share access between the properties approved by the Director shall be recorded in the County Recorder’s office, in a form satisfactory to the City Attorney.

7. Street Access.
a. Parking areas of 4 or more spaces shall be provided with suitable maneuvering room so that all vehicles therein may enter an adjacent street in a forward direction. Vehicles using surface parking located within 25 feet of any alley may enter an adjacent alley by backing out.
b. New parking spaces shall be designed to allow the vehicles to enter the adjacent street in a forward direction on streets determined to be of specific characteristics where driving forward is required as determined by the Director.

8. Turning Maneuvers. Use of a parking space shall not require more than 3 vehicle maneuvers except as provided below.
a. Large Parking Areas. Parking areas with 20 or more parking spaces, up to 5 percent of the total number of parking spaces, with a maximum of 10 spaces, may require 4 turning maneuvers. Such spaces shall be distributed around the parking area(s) on the parcel. 142
b. Pacific Coast Highway. Parcels with frontage less than 100 feet on Pacific Coast Highway may be able to access parking utilizing up to 4 maneuvers.

9. Driveway Width. Driveway width shall be maintained free and clear of all obstructions. a. The minimum width of a driveway serving 1 to 2 residences is 10 feet. Maximum width is 14 feet.
b. The minimum width of a driveway or ramp serving a commercial property or a residential property with more than 2 residences is as follows:
i. Parking areas with 1 to 20 Spaces. Single driveway at least 10 feet wide with a minimum apron width pursuant to the provisions of SMMC Section 7.04.180. ii. Parking areas with 21 to 40 Spaces. Double driveway at least 20 feet wide with a minimum apron width pursuant to the provisions of SMMC 7.04.180. iii. Parking areas with 41 or More Spaces. Number and type of driveway to be approved by the Director based on considerations of safety, efficiency, and effectiveness. c. Ramps for commercial properties must be 20 feet wide minimum to accommodate twoway traffic. d. The Director may reduce the driveway width as necessary and appropriate such that circulation, traffic, and safety concerns are adequately addressed.

C. Dimensional Requirements. Minimum parking dimensions shall comply with the standards approved by the Director.

1. Minimum Dimensions for Residential Garages and Carports. The width of any garage door shall be at least 8 feet for a single space and at least 16 feet for 2 spaces. Garages and carports serving residential uses shall be constructed to meet the following minimum inside dimensions and related requirements.
a. A single car garage or carport: 11.5 feet in width by 18 feet in length. b. A 2-car garage or carport: 20 feet in width by 18 feet in length, except a private 2-car garage lawfully in existence on May 5, 1999 may be maintained if the garage serves a single unit residence and has an unobstructed inside dimension of at least 18 feet in width by 18 feet in length.

2. Parking Spaces. Minimum parking dimensions shall comply with the standards approved by the Director. The area of any such space shall be exclusive of any driveways, aisles, and maneuvering areas.

3. Motorcycle spaces. Motorcycle parking spaces shall be no less than 4 feet wide and 8 feet long with an aisle width of no less than 10 feet.

4. Space Efficient Spaces. These requirements do not apply to parking spaces that qualify as space efficient under Section 9.28.090.

5. Storage Areas. Storage areas may be located above the parking space provided that they do not encroach into the length of the parking space by more than 3.5 feet and provided that the storage area is at least 4.5 feet above the floor.

D. Parking Lot Striping. Except in a garage or carport containing 2 or fewer parking spaces, all parking stalls shall be clearly outlined with striping, and all aisles, approach lanes, and turning areas shall be clearly marked with directional arrows and lines as necessary to provide for safe traffic 143
movement. All parking spaces shall be clearly marked as compact, guest, carpool, or vanpool parking, if applicable.

E. Circulation and Safety.

1. Visibility shall be assured for pedestrians, bicyclists, and motorists entering individual parking spaces, circulating within a parking facility, and entering or leaving a parking facility. Exits from any subterranean or semi-subterranean parking structure shall provide sight distances which comply with standards established by the Director.

2. Parking lots shall be designed so that sanitation, emergency, and other public service vehicles can provide service without backing out unreasonable distances or making other dangerous or hazardous turning movements.

3. Separate vehicular and pedestrian circulation systems shall be provided where possible. Multiunit residential developments of 5 or more units must provide pedestrian access that is separate and distinct from driveways. Parking areas for commercial and mixed-use developments that are 80 feet or more in depth and/or include 25 or more parking spaces must have distinct and dedicated pedestrian access from the commercial use to parking areas and public sidewalks, according to the following standards:
a. Connection to Public Sidewalk. An on-site walkway shall connect the main building entry to a public sidewalk on street frontage. Such walkway shall be the shortest practical distance between the main building entry and sidewalk, generally no more than 125 percent of the straight-line distance.
b. Materials and Width. Walkways shall provide at least 5 feet of unobstructed width and be hard-surfaced.
c. Identification. Pedestrian walkways shall be clearly differentiated from driveways, parking aisles, and parking and loading spaces through the use of elevation changes, a different paving material, or similar method.
d. Separation. Where a pedestrian walkway is parallel and adjacent to an auto travel lane, it must be raised and separated from the auto travel lane by a raised curb at least 4 inches high, bollards, or other physical barrier.

4. Parking areas provided shall be arranged so as to be safe and convenient.

F. Wheel Stops. Concrete bumper guards or wheel stops shall be provided for all unenclosed parking spaces abutting landscaped areas, walls, or walkways. A 6-inch high concrete curb surrounding a landscape area at least 6 feet wide may be used as a wheel stop, provided that the overhang will not damage or interfere with plant growth or its irrigation. A concrete sidewalk may be used as a wheel stop if the overhang will not reduce the minimum required walkway width.

G. Slope.

1. Areas used exclusively for parking, excluding ramps, shall be designed and improved with grades not to exceed a 6.67 percent slope.

2. Slopes of all driveways and ramps used for ingress or egress of parking facilities shall be designed in accordance with the standards established by the Director but shall not exceed a 20 percent slope. Profiles of driveway, ramp, and grade details must be submitted to the City Parking and Traffic Engineer for approval whenever any slope exceeds 6 percent.

H. Landscaping. Up to 2 feet of the front of a parking space as measured from a line parallel to the direction of the bumper of a vehicle using the space may be landscaped with ground cover plans 144
instead of paving. Landscaping of parking areas shall be provided and maintained according to the standards of Chapter 9.26, Landscaping.

I. Surfacing. All driveways and parking areas shall be surfaces with a minimum thickness of 2 inches of asphaltic concrete over a minimum thickness of 4 inches of base material or alternative equivalent material approved by the Director. No unpaved area shall be used for parking.

J. Drainage. All parking areas shall be designed to meet the requirements of Chapter 7.10, Runoff Conservation and Sustainable Management.

K. Screening. In addition to the requirements of Section 9.21.140, Screening, parking areas shall be screened from view from public streets and adjacent parcels in a more restrictive district, according to the following standards. Screening shall add to the visual diversity of the use and need not be an opaque barrier.

1. Height. Screening of surface parking lots from adjacent public streets shall be a minimum of 3 feet and a maximum of 3.5 feet in height. Screening of parking lots along interior parcel lines that abut Residential Districts shall be a minimum of 5 feet and a maximum of 6 feet in height, except within the required front setback of the applicable Zoning District, where screening shall be 3 feet in height.

2. Materials. Screening may consist of one or any combination of the methods listed below. a. Walls. Low-profile walls consisting of brick, stone, stucco, or other quality durable material approved by the Director, and including a decorative cap or top finish as well as edge detail at wall ends. Plain concrete blocks are not allowed as a screening wall material unless capped and finished with stucco or other material approved by the Director. b. Fences. An open fence of wrought iron or similar material combined with plant materials to form an opaque screen. Use of chain-link or vinyl fencing for screening purposes is prohibited.
c. Planting. Plant materials consisting of compact evergreen plants that form an opaque screen. Such plant materials must achieve a minimum height of 2 feet within 18 months after initial installation.
d. Berms. Berms planted with grass, ground cover, or other low-growing plant materials.

L. Lighting. Public parking areas designed to accommodate 10 or more vehicles shall be provided with a minimum of .05 foot-candle and a maximum of 3.0 foot-candles of light over the parking surface during the hours of use from 1/2 hour before dusk and until 1/2 hour after dawn.

1. Lighting design shall be coordinated with the landscape plan to ensure that vegetation growth will not substantially impair the intended illumination.

2. All artificial lighting used to illuminate a parking lot for any number of automobiles in any District shall be arranged so that all direct rays from such lighting fall entirely within such parking lot and be consistent with Section 9.21.080, Lighting.

M. Alternative Compliance. The Director may approve other screening plans, designs, and materials of equal area and screening which satisfy the intent of the screening standards.

N. Alternative Parking Area Designs. Where an applicant can demonstrate to the satisfaction of the Director that variations in the dimensions otherwise required by this Section are warranted in order to achieve environmental design and green building objectives, including, but not limited to, achieving certification under the LEEDTM Green Building Rating System or equivalent, an alternative parking area design may be approved.
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O. Maintenance. Parking lots, including landscaped areas, driveways, and loading areas, shall be maintained free of refuse, debris, or other accumulated matter and shall be kept in good repair at all times.

P. Compact Parking. Compact parking must be evenly distributed in parking areas or levels; it may not be located within 25 feet of an entrance/exit ramp from the public right- of -way, driveway or ground floor pedestrian entrance. A maximum of 40 percent of parking spaces may be compact. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 27, adopted June 14, 2016; Ord. No. 2536CCS § 12, adopted February 28, 2017; Ord. No. 2551CCS § 3, adopted August 8, 2017; Ord. No. 2567CCS § 6, adopted December 12, 2017; Ord. No. 2606CCS § 12, adopted April 9, 2019)

9.28.180 Reduction of Required Parking
The following exemptions shall apply to the requirements of off-street parking and loading requirements.

A. Parking Overlay Area 2. Nonresidential properties located within Parking Overlay Area 2 identified in Figure 9.28.050 may be eligible to provide parking at the Parking Overlay Area 1 rates specified in Table 9.28.060, Parking Regulations by Use and Location. The applicant shall have the burden of proof for a reduction in the total number of required parking spaces, and documentation shall be submitted substantiating the reasons for this requested parking reduction. Reduced parking shall be approved only if:

1. Compliance with transportation demand management requirements is demonstrated, or sufficient evidence is provided that the project will comply;

2. Documentation is provided to the satisfaction of the Director that the parking to be supplied will meet the needs of the on-site uses; and

3. Additional requirements, restrictions, or agreements as deemed necessary by the Director are included as a requirement(s) to ensure that the parking will satisfy the needs of the on-site uses.

By Right Parking Incentives Provided Under State Density Bonus Law. A project that is eligible under Section 9.22.040, Eligibility, shall be entitled to the parking incentives set forth in Government Code Section 65915(p).

B. City-Designated Historic Resources. For any principal or conditional use located in a CityDesignated Historic Resource, the required number of parking and loading spaces to be provided and maintained shall be the same as the number of spaces that existed on the site on July 6, 2010.

Existing parking facilities associated with designated landmarks shall be maintained. Within the Downtown Community Plan area, there shall be no minimum required number of parking or loading spaces to be provided and maintained for any principal or conditional use located in a CityDesignated Historic Resource. Existing parking or loading serving a City-Designated Historic Resource in the Downtown Community Plan area that was not required at the time the CityDesignated Historic Resource was originally entitled may be reduced without providing equivalent substitute facilities when such a reduction is necessary to allow for an addition to the City-Designated Historic Resource.

C. Car Share Spaces. Substitution of car-sharing spaces for required parking is allowed if all of the following are met:

1. For every car-sharing parking space that is provided, the parking requirement is reduced by 2 spaces, up to a maximum of 25 percent of the required parking spaces, not to exceed 10 spaces; and

2. A copy of the car-sharing agreement between the property owner and the car-sharing company must be submitted with the building permit.
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D. Off-Site Shared Parking. Shared parking is intended to provide an opportunity for multiple uses to use parking facilities on separate properties more efficiently. Shared parking shall be permitted in all nonresidential districts identified in Table 9.02.010-A, subject to the following:

1. The maximum allowable reduction in the number of spaces to be provided shall not exceed 25 percent of the sum of the number required for each use served and not reduce the total number of spaces to less than 1 space for every 500 square feet of floor area in a commercial mixed-use development.

2. An applicant for a permit for shared parking shall be required to submit data substantiating a request for reduced parking requirements. The data shall include substantial evidence of the demand and usage of the parking facility. A permit for shared parking shall describe the limits of any area subject to reduced parking requirements and the reduction applicable to each use.

3. Permit Required—Shared Parking of Fewer Than 10 Spaces. a. Shared parking of fewer than 10 parking spaces may be approved through an administrative shared parking permit.
b. The applicant shall provide evidence to the satisfaction of the Director of availability of off-site parking, and that no on-site parking is available during the times when additional off-site parking is requested.

4. Permit Required—Shared Parking of 10 or More Spaces. a. Shared parking of 10 or more parking spaces in a private parking facility that is otherwise limited to on-site parking may be approved through a Minor Use Permit. The Director may establish additional conditions to further the intent of this subsection and ensure that parking spaces needed for the primary on-site uses will be available during the hours needed for their use.
b. Findings. The Director, or Planning Commission on appeal, may approve an application for shared parking, in whole or in part, with or without conditions, only when all of the following findings are made in an affirmative manner:
i. The operation of the requested shared parking permit at the location proposed and within the time period specified will not adversely impact the primary use of the parking facility for its intended on-site users, or otherwise endanger the public health, safety, or general welfare.
ii. The shared parking permit sets forth the maximum number of shared parking spaces that are being approved for use by off-site users that will be available during peak and off-peak parking demand periods so as to ensure that a sufficient number of spaces will be provided to meet the greater parking demand of the anticipated users. iii. Additional requirements, restrictions or agreements, as deemed necessary by the Director are included as a requirement(s) of the shared parking permit to ensure that parking spaces needed for the primary on-site uses will be available during the hours needed for their use.
iv. The off-site shared parking will not reduce parking for new development. c. The Director shall prepare a written decision which shall contain the findings of fact upon which such decision is based and all required conditions, if approved. Within 2 business days from the date when the determination has been made concerning the application and 147
posted on the City’s website, the decision shall be mailed to the applicant and to property owners and residents of property within a radius of 750 feet for which the shared parking is requested. Copies of the decision shall also be provided to the Planning Commission. d. Term of Permit. A shared parking permit shall be valid for a one-year period from the date of issuance unless a different period is set by the Director, or the Planning Commission on appeal, as a condition of granting the shared parking permit. The permit shall renew automatically for additional 1-year periods unless the permit is modified or revoked in accordance with subsection (D)(4)(f) of this Section.
e. Monitoring. The permit holder shall grant City staff access to the parking facility for the purpose of verifying parking availability prior to issuing the permit as well as to allow random monitoring after the permit is issued. The applicant shall submit an annual report to the Director that includes a copy of current lease agreements for the parking facility that is shared and shall submit data substantiating an ongoing request for reduced parking requirements.
f. Modification or Revocation. The City may modify or revoke an approved Shared Parking Permit in accordance with the following procedures:
i. If the Director receives evidence that the conditions of the permit have not been met, or the permit granted is being or has recently been exercised contrary to the terms of the approval or in violation of a specific statute, ordinance, law, or regulation, the Director shall serve notice of these violations, either in person or by registered mail, on the owner of the property and on the permit holder and shall provide the permit holder with a reasonable opportunity to cure the violation(s). ii. If the permit holder or property owner has not responded to the notice within 10 days or the Director determines that the permit holder has failed to cure the violation, the Director may refer the matter to a revocation hearing. Notice of hearing shall be published once in a newspaper of general circulation within the City and shall be served either in person or by registered mail on the owner of the property and on the permit holder at least 10 days prior to such hearing. The notice of hearing shall contain a statement of the specific reasons for revocation. iii. After the hearing, a shared parking permit may be revoked by the Director or by the Planning Commission on appeal or review if any one of the following findings is made:
(1) That the shared parking permit was obtained by misrepresentation or fraud; or (2) That the conditions of the permit have not been met, or the permit granted is being or has recently been exercised contrary to the terms of the approval or in violation of a specific statute, ordinance, law, or regulation. iv. A written determination of modification or revocation of the shared parking permit shall be mailed to the property owner and the permit holder within 10 days of such determination.
g. Appeals. Any person may appeal the approval, conditions of approval, denial, modification or revocation of a shared parking permit to the Planning Commission if filed within 14 consecutive calendar days of the date the decision is made in the manner provided in Chapter 9.37, Common Procedures.
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E. On-Site Shared Parking. Facilities may be shared if multiple uses cooperatively establish and operate parking facilities and if these uses generate parking demands primarily during hours when the remaining uses are not in operation. (For example, if one use operates during evenings or weekdays only.) The applicant shall have the burden of proof for a reduction in the total number of required parking spaces, and documentation shall be submitted substantiating the reasons for this requested parking reduction. Shared parking shall be approved only if:

1. A sufficient number of spaces are provided to meet the greater parking demand of the participating uses.

2. Satisfactory evidence has been submitted by the parties operating the shared parking facility, describing the nature of the uses and times when the uses operate so as to demonstrate the lack of conflict between them.

3. Additional documents, covenants, deed restrictions or other agreements as may be deemed necessary by the Director are executed to assure that the required parking spaces provided are maintained and uses with similar hours and parking requirements as those uses sharing the parking remain for the life of the building.

F. Bicycle Parking. Substitution of non-required bicycle spaces for existing required automobile parking spaces is allowed according to the following provisions:

1. Layout and design must meet bicycle parking Section 9.28.140(D) general requirements with final layout and number to be approved by the Director.

2. For buildings with fewer than 10 automobile parking spaces, 1 existing required automobile parking space may be replaced with 5 bicycle spaces if no other suitable location for bicycle parking exists on the property as determined by the Director.

3. For every 5 bicycle spaces that are provided in the footprint of an existing required parking space, automobile parking is reduced by 1 space, up to a maximum of 15 percent of the required parking spaces.

4. This provision does not apply to single or 2-unit residential dwellings.

G. Motorcycle Parking. There shall be a credit of 1 automobile parking space for every 4 motorcycle parking spaces provided, not to exceed 5 percent of the total number of automobile parking spaces required.

H. Reduction of Required Parking Related to Governmental Requirements. Up to 3 parking spaces may be reduced to accommodate governmental requirements upon approval by the Director, with total loss of spaces to be minimized. Governmental requirements may include, but are not limited to, refuse and recycling requirements, public utilities, and traffic safety requirements. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 10, adopted June 14, 2016; Ord. No. 2551CCS § 3, adopted August 8, 2017; Ord. No. 2567CCS § 8, adopted December 12, 2017)
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Chapter 9.31

STANDARDS FOR SPECIFIC USES AND ACTIVITIES
Sections:

9.31.010 Purpose

9.31.020 Applicability

9.31.025 Accessory Dwelling Units and Junior Accessory Dwelling Units

9.31.030 Accessory Food Service

9.31.040 Alcoholic Beverage Sales

9.31.050 Automobile Rental

9.31.060 Automobile/Vehicle Repair, Major and Minor

9.31.070 Automobile/Vehicle Sales, Leasing, and Storage

9.31.080 Automobile/Vehicle Washing

9.31.090 Bed and Breakfasts

9.31.100 Community Assembly

9.31.110 Congregate and Transitional Housing

9.31.120 Child Care and Early Education Facilities

9.31.125 Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential

9.31.130 Emergency Shelters

9.31.140 Family Day Care, Large

9.31.150 General Markets in Residential Districts

9.31.160 Home Occupation

9.31.170 Live-Work Units

9.31.180 Manufactured Housing

9.31.185 Medical Marijuana Dispensaries

9.31.190 Mobile Food Truck Off-Street Venues

9.31.195 Multiple-Unit Dwelling Projects

9.31.196 Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots

9.31.197 Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots

9.31.200 Outdoor Dining and Seating

9.31.210 Outdoor Newsstands

9.31.220 Outdoor Retail Display and Sales

9.31.230 Personal Service

9.31.240 Personal Storage

9.31.250 Private Tennis Courts

9.31.260 Recycling Facilities

9.31.270 Residential Care Facilities

9.31.280 Restaurants, Limited-Service and Take-Out Only

9.31.290 Restaurants with Entertainment

9.31.310 Senior Group Residential

9.31.320 Service Stations

9.31.330 Single Room Occupancy Structures

9.31.340 Small-Scale Facility (Commercial Entertainment and Recreation), Game Arcades

9.31.350 Social Service Centers

9.31.360 Swap Meets

9.31.370 Temporary Uses and Seasonal Sales
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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 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. Permanent provisions for eating and cooking shall include a room or area used for the preparation and storage of food that includes at a minimum, but is not limited to, a sink, refrigerator, and built-in stove or range top.

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 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 approved 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 151
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:

1. Parcel with Single-Unit Dwelling. One attached or detached ADU or and 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 (G)(1)(b) below and one JADU permitted under subsection (G)(1)(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 singleunit dwelling or attached accessory structure. 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:
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 or proposed 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% of the existing multiple-unit dwelling total unit count, whichever is greater, may be established or constructed by converting floor area within an existing multiple-unit dwelling or existing detached legal accessory structures. b. Detached ADUs on Multiple-Unit Parcel. No more than 2 detached ADUs may be established or constructed on a parcel with an existing or proposed multiple-unit dwelling by converting an existing legal accessory structure or through new construction.

3. Parcel Within the Single-Unit Residential (R1) Zoning District. In addition to any ADU permitted pursuant to (G)(1)(a) and (b), above, one additional detached ADU may be constructed 152
or established in conjunction with an existing or proposed single-unit dwelling as described below:
a. The additional detached ADU is used as a rental unit subject to a deed restriction in a form approved by the City Attorney.
b. The additional detached ADU may be newly constructed or may be established by converting floor area of a legal existing detached accessory structure. c. Any ADU permitted under this subsection shall be subject to all provisions set forth in this Section.

H. Permitted Locations for Newly Constructed ADUs and JADUs. Newly constructed ADUs and JADUs shall be located on a parcel as set forth in this subsection and subject to all applicable setback requirements set forth in subsection (L) below.

1. Parcels with Single-Unit Dwellings.
a. An attached ADU or JADU may be located either in the front or rear half of the parcel. b. A detached ADU shall be located on the rear half of a parcel. c. A detached ADU shall be located a minimum of 6 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 6 feet from existing multiple-unit dwelling(s), as measured between exterior walls.
b. On a reverse corner parcel, an ADU or JADU shall not be located nearer to the street side parcel line of such corner parcel than one-half of the front setback depth required on the key parcel, nor be located nearer than 4 feet to the side parcel line of any key parcel. c. On a through parcel, an ADU or JADU shall not project into any front setback except as provided under subsection (L) below. Pursuant to Section 9.04.110(B), the front setback borders the street primarily used as frontage by the majority of neighboring parcels.

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. An ADU that is established by converting floor area of an existing singleunit dwelling that is located in the front setback may only expand the footprint of the singleunit dwelling up to 150 square feet into the front setback to accommodate ingress and 153
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. Notwithstanding the size limitation in subsection (J), aAn ADU that is established by converting floor area of a legal existing accessory structure may expand the footprint of the existing accessory structure at least 150 square feet to accommodate ingress and egress. An ADU may expand beyond 150 square feet if the addition or enlargement is made to conform to all standards set forth in this Section and is a minimum of 6 feet from the existing single-unit dwelling, as measured between exterior walls. ADUs that expand beyond 150 square feet in accordance with these provisions are subject to the size limitations in subsection (J). iii. Notwithstanding the size limitation in subsection (J), aAn 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. A JADU that is constructed or established by converting floor area of an existing single-unit dwelling must be contained entirely within the footprint of the single-unit dwelling. ay 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—Conversion of Existing Multiple-Unit Dwelling Footprint to ADU(s).
a. Conversion of Existing Multiple-Unit Dwelling Footprint to ADU(s).

At least one ADU, or up to 25% of the existing multiple-unit dwelling total unit count, whichever is greater, may be established within the residential portions of existing multiple-unit dwellings that are not used as livable space and are enclosed on at least 3 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. b. Conversion of Existing Legal Accessory Structures to ADU(s).

ADUs may be established within existing residential portions of legal detached accessory structures pursuant to (G)(2)(a) and (b), above.

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.

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:
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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. Notwithstanding any of the foregoing:
a. For attached ADUs, if there is an existing primary dwelling, Tthe total floor area of the ADUof an attached ADU shall not exceed 50% of the existing floor area of the primary dwelling, or the maximum size limits in subsections (2) and (3), whichever is greater. a.b. For ADUs established by converting floor area of an existing legal accessory structure, the size limitations set forth in subsection (I)(1)(b) shall apply.

65. 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 shall be excluded from floor area. 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. Areas directly below a fullyenclosed second-story cantilever of an ADU or JADU shall not be considered part of the ground floor footprint area for purposes of calculating ground floor 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 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 4 feet, measured from parcel line, are required for an ADU or JADU, except that:
a. An ADU or JADU constructed or established pursuant to subsection (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 subsection (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 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 2 stories or 24 feet in height.

N. Design Standards and Exterior Features. The exterior design features 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 Section 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 restrictions set forth below. following restrictions: For purposes of this paragraph, upper-story outdoor space necessary for minimum ingress and egress requirements will not be considered when calculating the total aggregate square feet. a. 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; b. 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); c. 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 feet from the rear parcel line;
d. 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 4 feet, and a height of no more than 16 feet.

Q. Parking.

1. Required Parking. No parking shall be required for an ADU or JADU. If parking is provided, the parking space 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 or JADU is located. A tandem parking space may also be used to meet the parking requirement for the 156
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.

32. No Replacement. When parking areas including, but not limited to, a garages, carports, uncovered parking spaces, or covered parking structures, is are demolished in conjunction with the construction of an ADU or JADU or converted to an ADU or JADU, the eliminated offstreet 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 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, except as may be permitted under Santa Monica Municipal Code Chapter 6.20, Home-Sharing and Vacation Rentals, an ADU or JADU shall not be used for rentals of terms of 30 days or less.

T. Limitations on Separate Sale.

1. Except as provided in subsection (2), below, Nno 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).

2. Notwithstanding the prohibition in subsection (1), above, an ADU may be sold or conveyed separately from the primary residence to a qualified buyer in accordance with the provisions of Government Code Section 65852.26
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 thatthe following:

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. 157

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, 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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2536CCS §§ 16, 21, adopted February 28, 2017; Ord. No. 2576CCS § 11, adopted June 12, 2018; Ord. No. 2624CCS § 10, adopted November 12, 2019; Ord. No. 2649CCS § 32, adopted September 8, 2020)
Chapter 9.31.125 Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential The purpose of this section is to establish standards, requirements, and procedures for projects developed pursuant to the regulations set forth in State Senate Bill 9 (SB9), and any successor legislation, with the intent to increase access to housing by allowing the development of two residential units on parcels zoned primarily for single-unit dwellings.

A. Applicability
This section shall apply to parcels located in the Single-Unit Residential (R1) and Ocean Park Single-Unit Residential (OP1) zoning districts, and select parcels within Multi-Unit Residential and Ocean Park Neighborhood zoning districts limited to one single-unit dwelling based on specific limitations, including, but not limited to, density calculations and parcel size and/or dimensions.

Projects proposed pursuant to this section shall meet all of the following:

1. Location Requirements:
a. The parcel is located in an urbanized area or urban cluster, as defined by the Census Bureau;
b. The parcel is not located within a designated historic district or does not contain a historic resource;
c. The parcel is not located on a site identified in California Government Code Section 65913.4(a)(6)(B), (C), (I), (J), (K), which includes, but is not limited to, the following:
i. Prime farmland, wetlands, land identified for conservation, land under conservation easement, or habitat for protected species; 158
d. The parcel is not located on a site identified in California Government Code Section 65913.4(a)(6)(D), (E), (F), (G), (H), unless the development satisfies the requirements therein, which includes, but is not limited to, the following:
i. Very high fire hazard severity zone, hazardous waste site, delineated earthquake fault zone, 100-year floodplain, or regulatory floodway

2. Displacement Protections:
a. Projects shall not include alteration or demolition of any of the following types of housing:
i. Deed restricted affordable housing;
ii. Rent-controlled housing or housing subject to any form of price control, including, but not limited to, units subject to the California statewide rent control law and Article XVIII of the Santa Monica Charter, the City’s rent control law;
iii. Housing occupied by a tenant in the last three years; or iv. Housing on parcels with an Ellis Act eviction in the last 15 years from date of application submittal.

B. Permitted Projects
The following project types are permitted pursuant to this section:

1. Lot Split. A permitted parcel may be subdivided into two parcels pursuant to Section (D), below.

2. Duplex. One duplex may be established or constructed on a permitted parcel pursuant to Section (E), below.

3. Lot Split with single-unit dwelling or duplex. Single-unit dwellings and duplexes are permitted to be established in conjunction with a lot split pursuant to Sections (D) and (E), below.

C. Review Process.

1. Projects established under this Section shall be subject to a ministerial approval and design review process as determined by the Director prior to submittal of a building permit.

2. Lot splits shall be subject to the provisions of Chapter 9.54, Land Divisions, except that no Planning Commission hearing is required for the tentative map process.

D. Lot Split Standards and Requirements. Parcels subdivided pursuant to this Section shall comply with the following standards and requirements:

1. Minimum Parcel Size. Parcels resulting from a permitted lot split shall be no smaller than 1,200 square feet and 40% of the original parcel size.

2. Minimum Parcel Dimensions. No minimum parcel width or depth.

3. Access. Access to a public right-of-way shall be provided for each resulting parcel.

4. Subdivision Limitations.
a. The subject parcel has not been previously subdivided pursuant to this section. b. The subject parcel is not adjacent to another parcel that has been subdivided pursuant to this Section by the same owner or any person acting in concert with the same owner.

5. Owner Occupancy. Property owner shall intend to live on one of the resulting parcels for three years after subdivision completion.

6. Process. Zoning conformance review and approval shall be required prior to submittal of a building permit.
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E. Development Standards and Requirements. Development established or constructed under this Section shall comply with all of the following standards and requirements. Where provisions are not specifically addressed, the standards of the underlying zoning district shall apply.

1. Land Uses. Permitted uses shall be limited to the following:
a.Single-Unit Dwelling
b.Duplex
c.Accessory Dwelling Unit
d.Junior Accessory Dwelling Unit

2. Maximum Unit Count.
a.No Lot Split. Up to four units are permitted per parcel. A duplex must be established but no more than one duplex is permitted. The four permitted units are inclusive of Accessory Dwelling Units pursuant to Section 9.31.025. b.Lot Split. Up to two units are permitted on each parcel created by a lot split, of which at least one single unit dwelling or a duplex must be established on each parcel. The two permitted units are inclusive of Accessory Dwelling Units and Junior Accessory Dwelling Units pursuant to Section 9.31.025, unless otherwise permitted under Section 9.31.025(G)(3).
c.Parcels 10,000 SF or Greater. Notwithstanding subsection (i) and (ii), above, on parcels 10,000 SF or greater, more than four units may be permitted per parcel, inclusive of Accessory Dwelling Units pursuant to Section 9.31.025.

3. Minimum Front Setback. If a lot split results in a front parcel line that is adjacent to an alley, no more than 4 feet is required.

4. Minimum Side and Rear Setbacks.
a.New Construction: 4 feet, except in the following circumstance:
i. In the case of a lot split, no setback shall be required from the newly created interior parcel line provided that the structures meet fire and safety standards.
b.Existing development or reconstruction in same location and dimensions may retain nonconforming setbacks.

5. Guaranteed Unit Size. Notwithstanding standards set forth within this section or the underlying zoning district, no standard shall preclude the establishment or construction of two units of at least 800 square feet each.

6. Owner Occupancy. Property owner shall intend to live in one of the proposed units for three years.

F. Parking. One parking space is required per unit established pursuant to this Section, except no parking is required if any of the following applies:

1. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or

2. There is a car share vehicle located within one block of the parcel.

G. Rental and Sale Requirement. When two or more units are established under this section, at least one of the units shall be either sold or used as a rental unit subject to a deed restriction in a form approved by the City Attorney prior to issuance of a building permit.

H. Lease Terms. Units created under this section shall not be used for rental terms of 30 days or less.

I. Applicability of Chapter 9.64, Affordable Housing Production Program. When an existing dwelling unit is retained and only one unit is added under this Section, Chapter 9.64 would not 160
apply. When an existing dwelling unit is removed such that two units are constructed, the Chapter 9.64 affordable housing fees would apply to the project.

J. Applicability of Chapter 9.65, Childcare Linkage Program, Chapter 9.66, Transportation Impact Fee Program, and Chapter 9.67, Parks & Recreation Development Impact Fee Program. Fees required by Chapter 9.65, Chapter 9.66, and Chapter 9.67 shall be waived for units created pursuant to this section.

9.31.195 Multiple-Unit Dwelling Projects
The purpose of this section is to establish requirements for multiple-unit dwelling projects; however,. 100% affordable housing projects are exempt from Subsection (A) through (B) of this Section.

A. Unit Mix. Multiple-unit dwelling projects with more than 50 units shall incorporate the requirements set forth below, except Tier 2 projects shall comply with Section 9.23.030(A)(2).

1. For market rate units:
a. At least 10% of the units shall be three-bedroom units; b. At least 10% of the units shall be two-bedroom units; c. No more than 15% of the units shall be studio units;

2. Affordable housing unit mix shall be governed by Chapter 9.64, Affordable Housing Production Program.

3. The Director may grant a waiver from this unit mix requirement pursuant to the requirements and procedures for Waivers in Chapter 9.43.

B. Transportation Demand Management. Multiple-unit dwelling projects that meet the applicability established in Section 9.53.030 shall include the following Transportation Demand Management measures in addition to those required by Chapter 9.53, Transportation Demand Management:

2. For residential components of projects, provide a Transportation Allowance equivalent to at least 75% of the cost of a monthly regional transit pass, in accordance with Section

9.53.130(B)(2)(c)(iv).

C. Air Quality Assessment Zone. Multiple-unit dwelling projects within the Air Quality Assessment Zone shall be required to prepare a technical memorandum that describes the effectiveness of design features to reduce exposure to diesel particulate matter (DPM) as a part of the early project design process. Such memorandum shall be submitted at the time of project application and shall be subject to review and approval by the Director prior to project approval.

D. Unit Replacement Requirements. Multiple-unit dwelling projects shall comply with all applicable residential unit replacement requirements including, but not limited to, Government Code Section 66300(d) and State Density Bonus law.
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9.31.196 Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots.

The purpose of this section is to promote fair housing opportunities throughout the City by incentivizing multiple-unit dwelling projects on surface parking lots associated with existing Community Assembly uses.

A. Applicability. This section shall apply to multiple-unit dwelling projects on surface parking lots owned in whole or in part by a Community Assembly use, where at least a portion of the existing Community Assembly use is retained.

B. Allowable Uses. The multiple-unit dwelling project may include the existing Community Assembly use and related ancillary uses for the support or expansion of the Community Assembly use.

C. Affordability Requirements. Multiple-unit dwelling projects shall include at least 50% of total units affordable to 80% income households.

D. Affordable Units. The affordable housing units shall be owned in whole or in part and operated by a nonprofit housing provider for the life of the project.

E. Building Height. Projects shall receive a height increase of up to 33 feet above maximum building height for the underlying zone district. Projections that have already received up to three additional stories or 33 feet in height in accordance with 9.22.060(A)(4), shall not be eligible for additional building height pursuant to this Subsection.

F. Density. There shall be no limit to density.

G. Parking Requirements. There shall be no minimum parking requirements. Replacement of existing parking for the associated community assembly use shall not be required.

H. Additional Requirements. Projects shall comply with the requirements set forth in Section

9.31.195, Multiple-Unit Dwelling Projects.

I. Process. Projects shall be processed as Administrative Approvals pursuant to Chapter 9.39.

9.31.197 Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots The purpose of this section is to incentivize new housing choices and affordability on underutilized sites in high opportunity areas that would not displace existing tenants.

A. Applicability. This section shall apply to new multiple-unit dwelling projects on surface parking lots in residential zones associated with existing multiple-unit dwelling or commercial uses.

B. Relationship to Chapter 9.16, “A” Off-Street Parking Overlay District. Where there is a conflict between compliance with Chapter 9.16 and this section, the provisions of this section shall control.

C. Retention of Existing Multiple-Unit Dwelling Use. Any new multiple-unit dwelling project shall not remove any existing dwelling units.

D. Consolidation of Parcels. Residentially zoned parcels eligible under this section that are associated with commercial uses shall be exempt from parcel consolidation restrictions in Section 9.21.030(B), Development on Multiple Parcels.
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E. Development Standards. Except as set forth below, all multiple-unit dwelling projects developed on a surface parking lot shall be subject to the development standards required for the underlying residential zone.

1. Maximum Allowable Density. Maximum allowable density shall be based solely on unit density calculations for the underlying residential district. Any additional density restrictions on maximum number of units for each district shall not apply. For parcels zoned R1, maximum allowable density shall be calculated based on 1 unit per 2,000 square feet of parcel area, or four units, whichever is greater.

2. Minimum Interior Side Setback. When the surface parking lot is redeveloped together with the associated adjacent commercial parcel, no interior side setback on the residential parcel is required from the shared parcel line or adjacent alley except as required by Building Code.

3. Daylight Plane. When the surface parking lot is redeveloped together with the associated adjacent commercial parcel, no daylight plane shall be required for the commercial parcel.

F. Parking. Pursuant to Section 9.28.030(A), any required parking that is removed from the residential parcel to be developed shall be replaced.

G. Access. Notwithstanding Section 9.21.040(B), access to parking serving a nonresidential use may be taken from a residentially zoned parcel if the required nonresidential parking is replaced.

H. Additional Requirements. Projects shall comply with the requirements set forth in Section

9.31.195, Multiple-Unit Dwelling Projects.
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Chapter 9.39

ADMINISTRATIVE APPROVAL
Sections:

9.39.010 Purpose

9.39.020 Applicability

9.39.0230 Application

9.39.040 Definitions

9.39.050 Special Procedures for Housing Projects

9.39.0360 Review and Decision

9.39.0470 Term, Extension, and Revocation

9.39.010 Purpose
Administrative Approval is intended to allow for the approval of projects which conform to the standards established for the Zoning District and do not require discretionary review or approval by the Director, Planning Commission, or City Council. An Administrative Approval provides for an administrative review and assessment of the proposed development project to ensure compliance with in light of the explicit standards contained in this the ChapterArticle 9 which have been designed to ensure that the completed project will be in harmony with existing or potential development in the surrounding area, consistent with the goals, objectives, and policies of the General Plan. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

9.39.020 Applicability
A. A. Except as provided in subsection (B), an Administrative Approval shall be required prior to issuance of any Building Permit for the development forof any of the following:

1. Housing Projects. For housing projects, all new construction and new additions to existing buildings as follows:
a. 100% affordable housing projects;
b. Moderate Income Housing Overlay project, as defined in Section 9.12.020(D); c. Streamlined housing project, as defined in Section 9.39.040 below, located on a parcel or parcels that do not exceed 43,560 square feet in size, including projects that have been granted modifications and waivers pursuant to Chapter 9.43, Modifications and Waivers; or
d. Pursuant to Government Code Section 65583.2(c), any housing project as defined by 65589.5(h)(2) providing at least 20% of the onsite units as affordable units located on a nonvacant site that was identified in the 5th Cycle (2013-2021) Housing Element suitable sites inventory.

2. Non-Housing Projects. For non-housing projects of more than 1,000 square feet, of more than 1,000 square feet of floor area for all new construction and new additions to existing buildings located in Residential and Nonresidential Districts not otherwise subject to Zoning Conformance Review or discretionary review;.that do not exceed the following:
a. Tier 1 maximum limits;
b. In Multi-Unit Residential Districts or Ocean Park Neighborhood Districts, 10,000 square feet;
c. In Neighborhood Commercial and Oceanfront Districts, 7,500 square feet; 164
d. In Nonresidential Districts not specified in subsection (A)(2)(c) above, 15,000 square feet; or
e. In the Pico Neighborhood Area as outlined in Figure 9.40.020.A, notwithstanding subsection (A)(2)(b) through (d) above, and until the adoption of a Pico Neighborhood Plan, 7,500 square feet.

3. Multiple-unit dwelling projects located on community assembly surface parking lots pursuant to Section 9.31.196
B. No Administrative Approval and only a building permit shall be required for:

1. Any new single-unit dwellings or additions thereto in any zoning district;

2. Housing projects consisting of However, no Administrative Approval shall be required for new construction and new additions to existing buildings located in the Multi-Unit Residential Districts or, Ocean Park Neighborhood Districts that are no greater than 10,000 square feet; or , or for any new single-unit dwellings or additions thereto in any zoning district.

3. Non-housing projects consisting of new construction and new additions to existing buildings located in Residential and Nonresidential Districts no greater than 1,000 square feet. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2567CCS § 11, adopted December 12, 2017)

9.39.030 Application
Application for an Administrative Approval shall be filed in a manner consistent with the requirements contained in Section 9.37.020, Application Forms and Fees.

9.39.040 Definitions
For purposes of this Chapter, “streamlined housing project” shall mean a project consisting of any of the following:

A. Residential units only; or
B. Mixed-use developments consisting of residential and nonresidential uses in which nonresidential uses do not exceed 25% of the total building square footage and are limited to the first two floors of buildings that are two or more stories; or
C. Transitional or supportive housing.

9.39.050 Special Procedures for Housing Projects
A. For projects eligible for an Administrative Approval under 9.39.020(A)(1)(c), an applicant shall conduct a community meeting to receive community input on the proposal. The community meeting shall be conducted prior to submitting an application, with noticing and reporting as required in guidelines adopted by the Director.

B. For projects eligible for an Administrative Approval under 9.39.020(A)(1)(a) through (d), within 14 calendar days after a decision is made, a copy of the written decision and project plans shall be posted on the City’s website.

9.39.0630 Review and Decision
A. Following receipt of a decision from the Architectural Review Board, the Director shall issue a determination on the Administrative Approval in accordance with this Chapter.

B. The Director shall issue an Administrative Approval if the proposed development conforms precisely to applicable development standards, and does not require discretionary review or approval as outlined in this Chapter, except to the extent modifications and waivers have been granted pursuant to Chapter 9.43, Modifications and Waivers. 165
BC.The Director shall deny the Administrative Approval only if the development is not in compliance with applicable development standards as outlined in this Chapter, except to the extent modifications and waivers have been granted pursuant to Chapter 9.43, Modifications and Waivers.

D. C The Director shall prepare a written decision which shall contain the findings of fact upon which such decision is based. A copy of the decision shall be sent mailed to the applicant at the address shown on the application within 14 calendar days after the decision is made. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

9.39.0740 Term, Extension, and Revocation
The term of permit, exercise of rights, extension, and revocation for Administrative Approvals shall be in accordance with the applicable provisions of Chapter 9.37, Common Procedures. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
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Chapter 9.40

DEVELOPMENT REVIEW PERMIT
Sections:

9.40.010 Purpose

9.40.020 Applicability

9.40.030 Application

9.40.040 Procedures

9.40.050 Required Findings

9.40.060 Conditions

9.40.070 Term, Extension, Revocation, and Appeal

9.40.010 Purpose
A Development Review Permit is intended to allow the construction of certain projects for which the design and siting could result in an adverse impact on the surrounding area. The permit allows for the following:

A. Review of the location, size, massing, and placement of the proposed structure on the site; B. The location of proposed uses within the project;
C. An evaluation of the project with regard to fixed and established standards; and D. A determination of whether the proposed siting and design should be permitted by weighing the public need for the benefit to be derived from the proposed site plan use against the impact which it may cause. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

9.40.020 Applicability
A. Except as provided in subsection (B), a A Development Review Permit approved by the Planning Commission shall be required prior to issuance of any building permit for the development ofif any of the following occurs:

1. Housing Projects. For housing projects, all new construction and new additions to existing buildings as follows:
a. Any housing project that does not meet the applicability of an Administrative Approval as set forth in Section 9.39.020(A)(1).

2. Non-Housing Projects. For non-housing projects, all new construction and new additions to existing buildings that exceed the following thresholds:
a. Any project that exceeds Tier 1 maximum limits;
b. In Multi-Unit Residential Districts or Ocean Park Neighborhood Districts, All new construction and new additions to existing buildings of more than 10,000 square feet; of floor area located in Residential Districts
c. In Neighborhood Commercial and Oceanfront Districts, 7,500 square feet of floor area in Neighborhood Commercial and Oceanfront Districts;
d. In Nonresidential Districts not specified in subsection (A)(2)(c) above, All new construction and new additions to existing buildings of more than 15,000 square feet of floor area located in Nonresidential Districts not specified in subsection (A)(2); or e.
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Notwithstanding subsection (A)(3) above, all new construction of more than 30,000 square feet of floor area of a development project containing no more than 15% commercial floor area located in Nonresidential Districts not specified in subsection (A)(2);

5. In the Pico Neighborhood Area as outlines in Figure 9.40.020.A, nNotwithstanding subsections (A)(2)(b) through (d)(4) above, and until the adoption of a Pico Neighborhood Plan, all new construction and new additions to existing buildings of more than 7,500 square feet of floor area located in the Pico Neighborhood Area.

FIGURE 9.40.020.A: PICO NEIGHBORHOOD AREA (AS OUTLINED) B. The following types of projects are exempt from Development Permit Review requirements:

1. Single unit dwellings; and

2. 100% Affordable Housing Projects of 50 units or less. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

9.40.030 Application
Application for a Development Review Permit shall be filed in a manner consistent with the requirements contained in Section 9.37.020, Application Forms and Fees. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

9.40.040 Procedures
A. Upon receipt in proper form of a Development Review Permit application, a meeting with the Architectural Review Board shall be set to receive a recommendation on the design of the proposal. 168
B Following receipt of a decision recommendation of the Architectural Review Board, a public hearing before the Planning Commission shall be set and notice of such hearing given in a manner consistent with Section 9.37.050, Public Notice. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

9.40.050 Required Findings
Following a public hearing, the Director shall prepare a written decision which shall contain the Planning Commission’s findings of fact upon which such decision is based. The Planning Commission, or City Council on appeal, shall approve or conditionally approve a Development Review Permit application in whole or in part if all of the following findings of fact can be made in an affirmative manner:

A. The physical location, size, massing, setbacks, pedestrian orientation, and placement of proposed structures on the site and the location of proposed uses within the project are consistent with applicable standards; and are both compatible and relate harmoniously to surrounding sites and neighborhoods;
B. The rights-of-way can accommodate autos, bicycles, pedestrians, and multi-modal transportation methods, including adequate parking and access standards; C. The health and safety services (police, fire etc.) and public infrastructure (e.g., utilities) are sufficient to accommodate the new development;
D. The project is generally consistent with the Municipal Code, General Plan, and any applicable Specific Plan;
E. Based on environmental review, the proposed project has no potentially significant environmental impacts or any potentially significant environmental impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project or a Statement of Overriding Considerations has been adopted;
F. The project promotes the general welfare of the community; GE.The project has no unacceptable specific adverse effects impact on public health or safety; and HF.The project provides Community Benefits consistent with Chapter 9.23. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 31, adopted June 14, 2016)

9.40.060 Conditions
In granting a Development Review Permit, the Review Authority or the Review Authority on appeal shall require that the use and development of the property conform with a site plan, architectural drawings, or statements submitted in support of the application, or in such modifications thereof, as may be deemed necessary to protect the public health, safety, and general welfare and secure the objectives of the General Plan and this Ordinance, and may also impose such other conditions as may be deemed necessary to achieve these purposes and to support the findings of approval. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

9.40.070 Term, Extension, Revocation, and Appeal
The term of permit, exercise of rights, extension, revocation, and appeal for Development Review Permits shall be in accordance with the applicable provisions of Chapter 9.37, Common Procedures. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
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Chapter 9.43

MODIFICATIONS AND WAIVERS
Sections:

9.43.010 Purpose

9.43.020 Applicability: Minor Modifications

9.43.030 Applicability: Major Modifications

9.43.040 Applicability: Waivers

9.43.050 Applicability: Fence, Wall, and Hedge Height Modifications

9.43.060 Procedures for Minor Modifications

9.43.070 Procedures for Major Modifications and Waivers

9.43.080 Procedures and Required Findings for Fence, Wall, and Hedge Height Modifications

9.43.090 Required Findings for Minor Modifications

9.43.100 Required Findings for Major Modifications and Waivers

9.43.110 Appeals, Expiration, Extensions, and Modifications

9.43.020 Applicability: Minor Modifications
A. The provisions of this Section shall apply to specific development proposals that are for uses permitted by right or by discretionary review in the District. In no case shall a minor modification be granted pursuant to this Chapter to permit a use or activity that is not otherwise permitted in the District where the property is located, nor shall a minor modification be granted that alters the procedural or timing requirements of this Ordinance.

B. Subject to the requirements of this Chapter and except as provided in subsection (C) of this Section, the Director may grant relief from no more than 2 of the following dimensional requirements:

1. Setbacks. Up to 10 percent of the required front, side, and rear setback standards.

2. Build-to Line. Up to 5 percent of the standards for building façade location.

3. Parcel Coverage. Up to 5 percent of the maximum amount of parcel coverage.

4. Height. Maximum height of buildings and structures, up to 5 percent or 2 feet, whichever is less.

The modified height shall not exceed the maximum height permitted in the applicable land use district of the LUCE.

5. Transparency. Required ground-floor building transparency, up to 10 percent of minimum.

6. Parking, Loading, and Circulation. Modifications to dimensional standards that do not result in a reduction of required parking and loading spaces.

7. Outdoor Living Area. Allow common outdoor living area to be substituted in lieu of minimum required private outdoor living area in an equivalent amount. For the conversion of existing commercial or industrial buildings to live-work units, allow a reduction in the minimum required open space as necessary.

8. Bicycle Parking. Modification to the bicycle parking location requirements set forth in Section

9.28.140.

9. Parcel Lines. For corner parcels, consider the parcel line separating the narrowest street frontage of the parcel from the street as the side parcel line.
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109. Exclusions. Minor Modifications pursuant to this Chapter shall not be granted for the following standards:
a. Parcel area, width, or depth;
b. Maximum number of stories;
c. Minimum or maximum number of required parking spaces; d. Residential density; or
e. Maximum floor area ratio (FAR).

C. Subject to the requirements of this Chapter, the Director may grant relief from any of the dimensional requirements specified in subsection B of this Section for properties containing a Historic Resource.

D. For any Minor Modification application filed concurrently with an application that is subject to Planning Commission review, the Planning Commission may grant relief from any of the dimensional requirements specified in subsection B of this Section. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Ord. No. 2606CCS § 13, adopted April 9, 2019)

9.43.030 Applicability: Major Modifications
A. The provisions of this Section shall apply to specific development proposals that are for uses permitted by right or by discretionary review in the District. In no case shall a Major Modification be granted pursuant to this Section to permit a new use or activity that is not otherwise permitted in the District where the property is located, nor shall a major modification be granted that alters the procedural or timing requirements of this Article.

B. Subject to the requirements of this Chapter and except as provided in subsection C of this Section, the Director may grant relief from no more than 2 of the following requirements:

1. Setbacks. Up to 20 percent or 5 feet, whichever is less of the required front, side, and rear setback standards.

2. Build-To Line. Up to 20 percent of standards for building façade location.

3. Parcel Coverage. Up to 10 percent of the maximum amount of parcel coverage.

4. Height. Maximum height of buildings and structures, up to 20 percent or 5 feet, whichever is less. The modified height shall not exceed the maximum height permitted in the applicable land use district of the LUCE.

5. Ground Floor (Floor-to-Floor) Height.
a. Minimum. Up to 1 foot of the required minimum ground floor (floor-to-floor) height. b. Maximum. Up to 4 feet of the required maximum ground floor (floor-to-floor) height.

6. Landscaping. Up to 10 percent of the required landscaping.

7. Parcel Lines. For corner parcels, consider the parcel line separating the narrowest street frontage of the parcel from the street as the side parcel line.

78. Exclusions. Major Modifications pursuant to this Chapter shall not be granted for the following standards:
a. Parcel area, width, or depth;
b. Maximum number of stories;
c. Minimum or maximum number of required parking spaces; d. Residential density; or
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e. Maximum floor area ratio (FAR).

C. If the application for a Major Modification involves a project that includes the retention and preservation of a structure or improvement that is a City-Designated Historic Resource, the Director may grant relief from maximum building height, maximum number of stories, required setbacks, maximum parcel coverage and building envelope requirements; permitted building height projections; permitted projections in required yard areas; access to private open space; landscaping; and provision of unexcavated yard areas.

D. For any Major Modification application filed concurrently with an application that is subject to Planning Commission review, the Planning Commission may grant relief from any of the dimensional requirements specified in subsection B of this Section. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2576CCS § 13, adopted 6/12/18; Ord. No. 2606CCS § 14, adopted April 9, 2019)

9.43.040 Applicability: Waivers
A. The provisions of this Section shall apply to specific development proposals that are for uses permitted by right or conditionally permitted in the District. In no case shall a waiver be granted pursuant to this Section to permit a use or activity that is not otherwise permitted in the District where the property is located, nor shall a waiver be granted that alters the procedural or timing requirements of this Ordinance.

B. Subject to the requirements of this Chapter, the Director may grant waivers from the following requirements specified in this Ordinance:

1. Upper-Story Stepbacks.

2. Build-To Lines.

3. Active Commercial Design Standards, including Transparency.

4. Active Use Requirement.

5. Unit Mix.

6. Pedestrian-Oriented Design Standards.(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2536CCS § 13, adopted February 28, 2017) 172
Chapter 9.52

TERMS AND DEFINITIONS
Sections:

9.52.010 List of Terms

9.52.020 Definitions

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
Attic
Awning
Balcony
Base District
Base Height
Basement
Bathroom
Bay Window
Bedroom
Block
Buffer, Buffering
Building
Building, Accessory
Building, Principal
Building Code
Building Face
Building Envelope
Building Footprint
Building Height
Building Site
Build-To Line
California Department of Alcoholic Beverage Control (ABC) California Environmental Quality Act (CEQA)
Canopy
Car Sharing
Carport
Change of Use
Clerestory
City
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City Council
City Engineer
City-Designated Contributing Building or Structure
City-Designated Historic Resource
City-Designated Landmark
City-Designated Structure of Merit
CountyCommercial Boulevard
Conditionally Permitted
Construction
Corner Build-To Area
County
Courtyard
Cripple Wall
Curb Cut
Daylight Plane
Deck
Demising Wall
Demolition
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
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
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Ground Floor
Ground Floor Street Frontage
Habitation
Hazardous Materials
Height
Historic Resource
Historic Resources Inventory
Home Occupation
Household
Housing Project
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
Living Quarters
Loading Space
Loft
Lot
Maintenance and Repair
Major Transit Stop
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
Parcel, Flag
Parcel, Key
Parcel, Reversed Corner
Parcel, Through
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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
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
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
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Senior Citizen
Setback
Setback, Front
Setback, Rear
Setback, Side
Setback, Street Side
Sexually-Oriented Business
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
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
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2649CCS § 35, adopted September 8, 2020) 177

9.52.020 Definitions
The following words or phrases as used in this Article shall have the following meanings:

9.52.020.0530 County. The County of Los Angeles
Commercial Boulevard. Commercial boulevards shall include the following:

A. Wilshire Boulevard between the eastern city limits and Ocean Avenue; B. Santa Monica Boulevard between the eastern city limits and Lincoln Boulevard; C. Broadway between the eastern city limits and Lincoln Boulevard; D. Colorado Avenue between the eastern city limits and Lincoln Boulevard; E. Olympic Boulevard between the eastern city limits and Lincoln Boulevard; F. Ocean Park Boulevard between the eastern city limits and Lincoln Boulevard; G. Pico Boulevard between the eastern city limits and Main Street; and H. Lincoln Boulevard between the southern city limits and Wilshire Boulevard.

9.52.020.0565 County. The County of Los Angeles.

9.52.020.1125 Housing Project. A use consisting of any of the following:

1. Residential units only.

2. Mixed-use developments consisting of residential and nonresidential uses in which nonresidential uses do not exceed 33% of the total building square footage and are limited to the first two floors of buildings that are two or more stories.

3. Transitional or supportive housing.

9.52.020.1360 Major Transit Stop. Major transit stop as defined in Public Resources Code Section 21064.3. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Ord. No. 2576CCS § 15, adopted June 12, 2018; Ord. No. 2649CCS § 36, adopted September 8, 2020)
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Chapter 9.55

ARCHITECTURAL REVIEW
Sections:

9.55.010 Purpose

9.55.020 Definitions

9.55.030 Architectural Review Board—Membership

9.55.040 Guidelines and Standards

9.55.050 Reserved

9.55.060 Appointment and Term of Office

9.55.070 Rules

9.55.080 Officers, Election of Officers

9.55.090 Secretary

9.55.100 Meetings

9.55.110 Process for Establishment of Architectural Review Districts

9.55.120 Project Review by and Approval of Architectural Review Board

9.55.130 Procedure for Project ReviewApplications and Forms

9.55.140 Criteria

9.55.150 Site PlansReserved

9.55.160 Appeals

9.55.170 Architectural Review District Boundaries

9.55.180 Posting of Property

9.55.190 Administrative Design Approval

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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

9.55.030 Architectural Review Board—Membership
An Architectural Review Board is hereby established which shall consist of 7 members. At least 2 of the members shall be professional architects. Other members of the Architectural Review Board shall be persons who, as a result of their training, experience, and attainments, are qualified to analyze and interpret 179
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. (Added by Ord.

No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

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;
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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

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 5 affirmative votes. Except as otherwise provided in the City Charter, the members of the Architectural Review Board shall serve for a term of 4 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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

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 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 180
granted an additional 15 days to execute action on the application. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

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 architectural review districts by ordinance, which may include any or all portions of the City. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

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.
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C. Preliminary drawings of the design of a proposed project shall 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 for plan check submittal.

D. Plans or proposals that require a Development Review Permitan Administrative Approval shall first be considered by the Architectural Review Board for a recommendation to the Planning Commission on thedesign review approval pursuant to Section 9.55.140 for appropriateness and design quality of proposed urban design elements, including, but not limited to, siting, massing, scale, circulation, and general relationship to adjacent structures and the adjacent street prior to a determination by the Director.

1. The Architectural Review Board’s design review approval shall occur after the Director’s determination on the Administrative Approval if the project has met the following:
a. At least one Architectural Review Board design review approval hearing has occurred;
b. The applicant has submitted revised plans in response to the Architectural Review Board’s design review comments; and
a.c. The project conforms precisely to all applicable development standards and the Administrative Approval determination by the Director is ready to be issued.

D. Following a determination by the Planning Commission or applicable review authority, plansE.

Plans or proposals that require a Development Review Permit shall thereafter, when appropriate, be considered by the Architectural Review Board for a design review approval pursuant to Section

9.55.140 for appropriateness and design quality of proposed urban design elements, including, but not limited to, siting, massing, scale, circulation, and general relationship to adjacent structures and the adjacent street prior to a determination by the Planning Commission.

F. At the conclusion of a public hearing, or continued public hearing, the Architectural Review Board shall issue a determination on an application. 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. The Architectural Review Board shall transmit its determination to the applicable review authority in writing, including the reasons for the determination, and the findings related to the criteria for the determination in Section 9.55.140.

EG.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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

9.55.130 Procedure for Project ReviewApplications and Forms 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 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 182
Section 9.55.150. Submitted plans not in compliance with these requirements may be rejected by the Director. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)A. An application shall be filed by a qualified applicant.

B. The Director shall prepare and issue application forms and lists that specify the information that will be required from applicants for design review subject to the provisions of this Chapter. The Director shall require the submission of supporting materials as part of the application, including but not limited to plans, concept diagrams, renderings, models, material samples or images of materials, contextual drawings, massing diagrams and/or models, typical details, landscape plans, and other items deemed necessary or relevant. Drawings and photographs demonstrating how the proposal fits it the surrounding context including a neighbor profile, figure-ground diagrams, and site plan. All material submitted becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the Planning Division offices. Unless prohibited by law, copies of such materials shall be made available at a reasonable cost.

C. The City Council shall approve by resolution a Municipal Fee Schedule that establishes fees for permits, appeals, amendments, informational materials, penalties, copying, and other such items.

These fees may be amended by the City Council.

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 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.
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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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

9.55.150 Site PlansReserved
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;

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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

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 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 184
Section 9.08.030(A)(2), are also exempt from architectural review district boundaries. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)

9.55.190 Administrative Design 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:
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 right- of-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.

3.3. New buildings that:
a. Do not exceed 7,500 square feet.
b. Do not exceed 10,000 square feet and are new multiple-unit dwelling projects located in Residential and Ocean Park zoning districts.

4. 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.

45. 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.

56. Alterations to the design or materials of a façade of an existing structure if that structure is either:
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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.

67. 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.

78. New awnings without signage that are not backlit and of a design and color consistent with the existing structure, including any existing awnings.

89. 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.
910. New freestanding walls or extensions to existing freestanding walls that are consistent with existing architecture.
1011. Landscape and irrigation plans for:
a. New landscaping less than 750 1,000 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;
b. New landscaping that is not 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; 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. 1112. 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 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.
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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. (Added by Ord. No. 2651CCS § 1, adopted October 13, 2020) 187
Chapter 9.56

LANDMARKS AND HISTORIC DISTRICTS
Sections:

9.56.010 Title

9.56.020 Purpose

9.56.030 Definitions

9.56.040 Landmarks Commission

9.56.050 Vacancies

9.56.060 Powers

9.56.070 Jurisdiction

9.56.080 Structure of Merit Criteria

9.56.090 Structure of Merit Designation Procedure

9.56.100 Landmark or Historic District Designation Criteria

9.56.110 Public Spaces

9.56.120 Landmark Designation Procedure

9.56.130 Historic District Designation Procedure

9.56.140 Alterations and Demolitions: Criteria for Issuance of a Certificate of Appropriateness

9.56.150 Certificate of Appropriateness for Structures of Merit

9.56.160 Certificate of Economic Hardship

9.56.170 Certificate of Appropriateness/Certificate of Economic Hardship Procedure

9.56.180 Appeals

9.56.190 Maintenance and Repair

9.56.200 Unsafe or Dangerous Conditions

9.56.210 Ordinary Maintenance

9.56.220 Map

9.56.230 Voluntary Restrictive Covenants

9.56.240 Waiver

9.56.250 Extension of Certificate of Appropriateness

9.56.260 Recordation of Landmarks and Historic Districts

9.56.270 Preservation Incentives

9.56.280 CEQA Time Extensions

9.56.290 Third Street Neighborhood Historic District

9.56.300 Bay Craftsman Cluster Historic District

9.56.310 The San Vicente Boulevard Courtyard Apartments Historic District

9.56.320 The 11th Street Historic District

9.56.330 The 4th Street Corner Historic District

9.56.140 Alterations and Demolitions: Criteria for Issuance of a Certificate of Appropriateness
For purposes of this Chapter, the Landmarks Commission, or the City Council on appeal, shall issue a certificate of appropriateness for any proposed alteration, restoration, construction, removal, relocation, demolition, in whole or in part, of or to a Landmark or Landmark Parcel, or of or to a Structure of Merit if the Structure of Merit is subject to a deed restriction pursuant to Section 9.43.100(G)(9) or 9.64.030(C), or of or to a building or structure within a Historic District if it makes a determination in accordance with any one or more of the following criteria.
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A. In the case of any proposed alteration, restoration, removal or relocation, in whole or in part, of or to a Landmark or to a Landmark Parcel or upon a parcel that contains a City-designated Historic Resource subject to a deed restriction pursuant to Section 9.43.100(G)(9) or 9.64.030(C), the proposed work would not detrimentally change, destroy or adversely affect any exterior feature of the Landmark or Landmark Parcel upon which such work is to be done.

B. In the case of any proposed alteration, restoration, construction, removal or relocation, in whole or in part, of or to a building or structure within a Historic District, the proposed work would not be incompatible with the exterior features of other improvements within the Historic District, not adversely affect the character of the Historic District for which such Historic District was designated, or not be inconsistent with such further standards as may be embodied in the ordinance designating such Historic District. For any proposed work to any building or structure whose exterior features are not already compatible with the exterior features of other improvements within the Historic District, reasonable effort shall be made to produce compatibility, and in no event shall there be a greater deviation from compatibility.

C. In the case of any proposed construction of a new improvement upon a Landmark Parcel or upon a parcel that contains a City-designated Historic Resource subject to a deed restriction pursuant to Section 9.43.100(G)(9) or 9.64.030(C), the exterior features of such new improvement would not adversely affect and not be disharmonious with the exterior features of other existing improvements situated upon such Landmark Parcel.

D. The applicant has obtained a certificate of economic hardship in accordance with Section 9.56.160.

E. The Commission makes both of the following findings:

1. That the structure does not embody distinguishing architectural characteristics valuable to a study of a period, style, method of construction or the use of indigenous materials or craftsmanship and does not display such aesthetic or artistic quality that it would not reasonably meet the criteria for designation as one of the following: National Historic Landmark, National Register of Historic Places, California Registered Historical Landmark, or California Point of Historical Interest.

2. That the conversion of the structure into a new use permitted by right under current zoning or with a conditional use permit, rehabilitation, or some other alternative for preserving the structure, including relocation within the City, is not feasible.

F. In the case of any proposed alteration, restoration, removal or relocation, in whole or in part, to interior public space incorporated in a Landmark designation pursuant to Section 9.56.110, the proposed work would not detrimentally change, destroy or adversely affect any interior feature of the Landmark structure.

G. The Secretary of Interior’s Standards shall be used by the Landmarks Commission in evaluating any proposed alteration, restoration, or construction, in whole or in part, of or to a Landmark, Landmark Parcel, or to a Contributing Building or Structure within a Historic District.

H. Notwithstanding subsections (A) though (F) of this Section, a City-designated Historic Resource protected by a deed restriction pursuant to pursuant to Section 9.43.100(G)(9) or 9.64.030(C) shall not be relocated, removed, or demolished in contravention of the deed restriction. (Added by Ord.

No. 2486CCS §§ 1, 2, adopted June 23, 2015)

9.56.150 Certificate of Appropriateness for Structures of Merit A. Except as provided in Section 9.56.140, a certificate of appropriateness shall not be required for the alteration, restoration, construction or relocation of a Structure of Merit. However, the Architectural Review Board or the Planning Commission shall take into consideration the fact that the building has been designated a Structure of Merit in reviewing any permit concerning such structure.

B. Application for a certificate of appropriateness for the demolition of a Structure of Merit shall be made on a form furnished by the Department. An application shall be processed in accordance with 189
the same procedures set forth in Sections 9.56.170 and 9.56.180 of this Code and shall be reviewed in accordance with the standards set forth in Section 9.56.140.

C. In an effort to agree to a means of historically preserving a Structure of Merit proposed for demolition, the Landmarks Commission shall have the following powers:

1. During a one hundred and eighty day time period commencing from proper filing of an application for certificate of appropriateness, the Commission may negotiate with the owner of a Structure of Merit, or with any other parties, in an effort to agree to a means of historically preserving the designated property. The negotiations may include, but are not limited to, acquisition by gift, purchase, exchange, condemnation or otherwise of the Structure of Merit.

2. Notwithstanding any of the foregoing, the Commission shall have the power to extend the required one hundred and eighty day time period to a duration not to exceed a three hundred and sixty day time period in any case where the Commission determines that such an extension is necessary or appropriate for the continued historical preservation of a Structure of Merit.

D. Notwithstanding subsection (C) of this Section, a Structure of Merit shall not be demolished in contravention of a deed restriction recorded pursuant to Section 9.43.100(G) or 9.64.030(C). (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

9.56.190 Maintenance and Repair
A. Every owner, or person in charge, of a Landmark, a Structure of Merit protected by a deed restriction pursuant to Section 9.43.100(G) or 9.64.030(C), or of a building or structure within a Historic District, shall have the duty of keeping in good repair all of the exterior features of such Landmark, Structure of Merit, or of such building or structure within a Historic District, and all interior features thereof which, if not so maintained, may cause or tend to cause the exterior features of such Landmark, or of such building or structure within a Historic District to deteriorate, decay, or become damaged, or otherwise to fall into a state of disrepair. All designated buildings or structures shall be preserved against such decay and be kept free from structural defects through the prompt repair of any of the following:

1. Façades which may fall and injure members of the public or property.

2. Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports.

3. Members of ceilings, roofs, ceiling and roof supports or other horizontal members which age, split or buckle due to defective material or deterioration.

4. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors.

5. Defective or insufficient weather protection for exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering.

6. Any fault or defect in the building which renders it not properly watertight or structurally unsafe.

B. This Section 9.56.190 of this Chapter shall be in addition to any and all other provisions of law requiring such Landmark, Structure of Merit protected by a deed restriction pursuant to Section

9.43.100(G) or 9.64.030(C) or such building or structure within a Historic District to be kept in good repair. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015) 190

9.56.200 Unsafe or Dangerous Conditions
Nothing contained in this Chapter shall prohibit the making of any necessary alteration, restoration, construction, removal, relocation or demolition, in whole or in part, of or to a Landmark or Landmark Parcel, or a Structure of Merit protected by a deed restriction pursuant to Section 9.43.100(G) or

9.64.030(C), or of or to a building or structure within a Historic District pursuant to a valid order of any governmental agency or pursuant to a valid court judgment, for the purpose of remedying emergency conditions determined to be dangerous to life, health or property. A copy of such valid order of any governmental agency or such valid court judgment shall be filed with the Director of Planning and in such cases, no certificate of appropriateness from the Landmarks Commission shall be required. (Added by Ord.

No. 2486CCS §§ 1, 2, adopted June 23, 2015)

9.56.210 Ordinary Maintenance
Nothing contained in this Chapter shall be construed to prevent ordinary maintenance or repair of any exterior features of a Landmark, a Structure of Merit protected by a deed restriction pursuant to Section

9.43.100(G) or 9.64.030(C), or of a building or structure within a Historic District which does not involve any detrimental change or modification of such exterior features. In such cases, the work must be approved by the Landmarks Commission Secretary and no certificate of appropriateness from the Landmarks Commission shall be required. The administrative determination is appealable to the Landmarks Commission and shall be filed and processed in the same manner as a certificate of appropriateness.

Examples of this work shall include, but not be limited to, the following:

A. Construction, demolition or alteration of side and rear yard fences.

B. Construction, demolition or alteration of front yard fences, if no change in appearance occurs.

C. Repairing or repaving of flat concrete work in the side and rear yards.

D. Repaving of existing front yard paving, concrete work, and walkways, if the same material in appearance as existing is used.

E. Roofing work, if no change in appearance occurs.

F. Foundation work, if no change in appearance occurs.

G. Chimney work, if no change in appearance occurs.

H. Landscaping, unless the Landmark designation specifically identifies the landscape layout, features, or elements as having particular historical, architectural, or cultural merit. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
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Chapter 9.64

AFFORDABLE HOUSING PRODUCTION PROGRAM
Sections:

9.64.010 Findings and Purpose

9.64.020 Definitions

9.64.030 Applicability of Chapter

9.64.040 Affordable Housing Obligation

9.64.050 On-Site Option

9.64.060 Off-Site Option

9.64.070 Affordable Housing Fee

9.64.080 Land Acquisition

9.64.090 Fee Waivers

9.64.100 Pricing Requirements for Affordable Housing Units

9.64.110 Eligibility Requirements

9.64.120 Relation to Units Required by Rent Control Board

9.64.130 Deed Restrictions

9.64.140 Enforcement

9.64.150 Annual Report

9.64.160 Principles and Guidelines

9.64.170 Adjustments or Waivers

9.64.010 Findings and Purpose
The City’s affordable housing production program requires developers of market rate multi-familymultipleunit developments to contribute to affordable housing production and thereby help the City meet its affordable housing need. As detailed in the findings supporting the ordinance codified in this Chapter, the requirements of this Chapter 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 by market-rate development; and the impact that the lack of affordable housing production has on the health, safety, and welfare of the City’s residents including its impacts on traffic, transit and related air quality impacts, and the demands placed on the regional transportation infrastructure. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

9.64.020 Definitions
The following words or phrases as used in this Chapter shall have the following meanings:

A. 30% Income Household means a household whose gross income does not exceed the 30% income limits applicable to the Los Angeles-Long Beach Primary Metropolitan Statistical Area, adjusted for household size, as published and periodically updated by United States Department of Housing and Urban Development (HUD).

B. 50% Income Household means a household whose gross income does not exceed 50% of the area median income limits applicable to the Los Angeles-Long Beach Primary Metropolitan Statistical Area, adjusted for household size, as published and periodically updated by HUD. 50% income households include 30% income households.

C. 80% Income Household means a household whose gross income does not exceed 80% ofincome limits applicable to the area median incomeLos Angeles-Long Beach Primary Metropolitan Statistical Area, adjusted for household size, as published and periodically updated by HUD. 80% income households include 50% income households.
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D. Adjusted for Household Size means 70% adjustment for a household of one person, 80% adjustment for a household of two persons, 90% adjustment for a household of three persons, 100% adjustment for a household of four persons, 108% adjustment for a household of five persons, 116% adjustment for a household of six persons, 124% adjustment for a household of seven persons, 132% adjustment for a household size of eight persons. For households of more than eight persons, adjustments shall be made in accordance with applicable HUD regulations.

E. Adjusted for Household Size Appropriate for the Unit means for a household of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, and five persons in the case of a four-bedroom unit.

F. Affordable Housing Fee means a fee paid to the City by a multi-familymultiple-unit project applicant pursuant to Section 9.64.070 of this Chapter to assist the City in the production of housing affordable to 30% income households, 50% income households, 80% income households, and moderate-income households.

G. Affordable Housing Unit means a housingdwelling unit developed by a multi-familymultiple-unit project applicant pursuant to Section 9.64.050 or 9.64.060 of this Chapter which will be affordable to 30% income households, 50% income households, 80% income households, or moderate-income households.

H. Affordable Housing Unit Development Cost means the City’s average cost to develop a unit of housing affordable to 30% income households, 50% income households, 80% income households or moderate income households.affordable housing.

I. Affordable Ownership Housing Cost. Affordable ownership housing cost means: For moderate income households whose gross incomes exceed the maximum income limits for 80% income households, “affordable housing cost shall not be less than 28%” as defined in Section 50052.5 of the gross income of the household, nor exceed the product of 35% times 110% of the area median income adjusted for household size appropriate for the unit.Health and Safety Code, as amended from time to time in accordance with law.

J. Affordable Rent. Affordable rent means:

1. For 30% income households, the product of 30% times 30% of the area median income adjusted for household size appropriate for the unit.

2. For 50% income households, the product of 30% times 50% of the area median income adjusted for household size appropriate for the unit.

3. 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.

4. 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.

K. Area Median Income or AMI. Area median income or AMI means the median family income published from time to time by HUD for the Los Angeles-Long Beach Metropolitan Statistical Area.

L. Dwelling Unit. One means dwelling unit as defined in Santa Monica Municipal Code Section

9.52.020.0730, or more rooms, designed, occupied or intended for occupancy as separate living quarters, with full cooking, sleepingany successor thereto, and bathroom facilities for the exclusive use of a single household. Dwelling unit shall also include a unit in single-room occupancy unitshousing, as defined in Santa Monica Municipal Code Section 9.5251.020(A)(1)(d)(ii), or any successor thereto.
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M. Floor Area. Floor means floor area as defined in Santa Monica Municipal Code Section

9.52.020.0870, or any successor thereto.

N. Gross Income. Gross means gross income has the same meaning as provideddefined in Title 25, Section 6914 of the California Code of Regulations, as amended from time to time, in accordance with law.

O. HCD. The means the California Department of Housing and Community Development, or its successor.

P. Housing Cost. Housing means housing cost has the same meaning as provideddefined in Title 25, Section 6920 of the California Code of Regulations, as amended from time to time in accordance with law.

Q. HUD. The means the United States Department of Housing and Urban Development, or its successor.

R. Income Eligibility. Income eligibility is based upon the gross income of the household, including the income of all wage earners, elderly or disabled family members, and all other sources of household income.

SR. Market Rate Unit. A means a dwelling unit as tofor which the rental raterent or sales price is not restricted by this Chapter.

TS. Moderate Income Household means a household whose gross income exceeds the maximum income for an 80% income household and whose gross income does not exceed the lesser of: (1) 120% of the area median income, adjusted for household size, as published and periodically updated by California Department of Housing and Community Development (HCD); or (2) twice the income limit for 50% income households, adjusted for household size, as published and periodically updated by HUD.

UT.Multi-FamilyMultiple-unit Project. A multi-family means a multiple-unit residential development, including, but not limited to, apartments, condominiums, townhouses or the multifamilymultiple-unit residential component of a mixed-use project, for which City permits and approvals are sought.

VU. Multi-FamilyMultiple-unit Project Applicant. Any means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities which seeks City development permits or approvals to develop a multi-familymultiple-unit project.

WV. Multi-FamilyMultiple-unit Residential District. Any means any zoning district designated in the City of Santa Monica Comprehensive Zoning Ordinance as a multi-familymultiple-unit residential district.

XW. Parcel. Parcel means parcel as defined in Santa Monica Municipal Code Section 9.52.020.1530, or any successor thereto.

YX. Rent. Rent has the same meaning means rent as provideddefined in Title 25, Section 6918 of the California Code of Regulations, as amended from time to time in accordance with law.

Y. Utility Allowance means a reasonable allowance for utilities as published annually by the Santa Monica Housing Authority.

Z. Vacant Parcel. A means a parcel in a multi-familymultiple-unit residential district that has no residential structure located on it as of August 20, 1998, or which had a residential structure located on it on that date which was subsequently demolished pursuant to a demolition order of the City. No demolition of structures shall be permitted except in accordance with Santa Monica Municipal Code Chapter 9.25 et seq. or any successor thereto. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

9.64.030 Applicability of Chapter
A. The obligations established by this Chapter shall apply to each multi-familymultiple-unit project involving the construction of two or more multi-familydwelling units. Multi-family not including Accessory Dwelling Units or Junior Accessory Dwelling Units. Multiple-unit projects that have 194
received ministerial or discretionary planning approvals on or prior to July 26, 2013, shall be subject to the provisions of Santa Monica Municipal Code Section 9.64.010 et seq., as they existed on the date of their approvals, except that pricing requirements for affordable housing units shall be published by the City on an annual basis instead of adoption by resolution of the City Council. For purposes of this Chapter, ministerial or discretionary planning approvals include, but are not limited to: plan checks, variances, conditional use permits, administrative approvals, development review permits, and development agreement ordinances.

B. No building permit shall be issued for any multi-family project unless such project has been approved in accordance with the standards and procedures set forth in this Chapter.

C
B. Notwithstanding the above, a multi-familymultiple-unit rental housing project shall be subject to Section 9.64.110 of this Chapter but shall not be subject to the other requirements of this Chapter if:

1. tThe project is secured by a regulatory agreement, memorandum of agreement, or recorded covenant with the City valid for a minimum period of 5599 years; and the project is:

21. The project is Aa 100% affordable housing project, as defined by Santa Monica Municipal Code Section 9.52.020.0050, that will be developed by a nonprofit housing provider receiving financial assistance through one of the City’s housing trust fund programs.

C. Notwithstanding the above, a multiple-unit rental housing project shall be subject to Section 9.64.110 of this Chapter but shall not be subject to the other requirements of this Chapter if:

1. The project is secured by a regulatory agreement, memorandum of agreement, or recorded covenant with the City valid for a minimum period of 55 years; and

2. The project isA a 100% affordable housing project, as defined by Santa Monica Municipal Code Section 9.52.020.0050 that: (a) will be developed by a nonprofit housing provider receiving financial assistance through the California Tax Credit Allocation Committee; (b) will comply with California Tax Credit Allocation Committee Regulations as set forth in California Code of Regulations, Title 4, Sections 10300 and following, including minimum unit size requirements set forth in Title 4, Section 10325(g)(1)(B); and (clocal, state, or federal funding sources; (b) will comply with the funding source regulations; (c) includes unit sizes that are no less than required by subsection 9.64.050(DE), unless expressly authorized by the funding source; (d) includes rents that are no higher than the rents allowed under this Chapter unless expressly authorized by the funding source; and (e) if the 100% affordable housing project satisfies any affordable obligations for a market-rate project(s), the 100% affordable project shall provide more affordable housing than would be required on site for the market-rate project, and during the City’s review of the project, the nonprofit affordable housing provider shall consult with the City regarding the category, round and type of tax creditsfunding being sought.

D. A City-Designated Historic Resource designated landmark building or contributing structure to an adopted Historic District that is retained and preserved on site as part of a multi-familymultiple-unit project shall not be considered or included in assessing any of the requirements under this Chapter.

For a Structure of Merit, the applicant shall agree to record a deed restriction prior to issuance of building permit for the project establishing that the Structure of Merit will be maintained for the life of the project. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2605CCS § 1, adopted April 9, 2019)

9.64.040 Affordable Housing Obligation
A. Except as provided in Section 9.23.030(A), all multi-familyno building permit shall be issued for any multiple-unit project applicants shall complyunless such project has been approved in 195
accordance with the requirements ofstandards and procedures set forth in this Chapter in the following manner:.

1. Multi-family project
B. All applicants for multi-family ownershipmultiple-unit projects of four or more units in multi-family residential districts shall choosesatisfy the affordable housing obligation by choosing one of the two following options:
a. Providing1. Provide affordable housing units on-site in accordance with Section

9.64.050;
b. Providing2. Provide affordable housing units off-site in accordance with Section

9.64.060.;

2. In addition to the options established in subsections (1)(a) and (b), all other multi-family project applicants may also choose one of the following options:
a. Paying3. For projects of five units or less, pPay an affordable housing fee in accordance with Section 9.64.070(A); or
b. Acquiring4. Acquire land for affordable housing in accordance with Section 9.64.080.

B. A multi-family projectC. An application for a multiple-unit project will not be determined complete until the applicant has submitted a written proposal whichthat demonstrates the manner in which the requirements of this Chapter will be met. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

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 15 units in multi-family residential districts, the multi-family project applicant agrees to construct at least: (1) 20% of the total units as ownership units for moderate-income households at an Affordable Ownership Hosing Cost, or as an alternative; (2) 20% 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) 10% 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 February 28, 2022, 5% 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 16 units or more in multi-family residential districts, the multi-family project applicant agrees to construct at least: (1) 25% of the total units as ownership units for moderate-income households at an Affordable Ownership Housing Cost, or as an alternative; (2) 25% 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); 15% 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 February 28, 2022, 10% 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:
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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 February 28, 2022;

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.A. An applicant for a multiple-unit project of 6-19 units shall provide the following:

Within the Downtown Community Plan Area. 20% of total units as affordable to no more than 80% income households.

Outside of the Downtown Community Plan Area. 15% of total units as affordable to no more than 80% income households.

B. An applicant for a multiple-unit project of twenty units or more shall construct affordable housing units pursuant to subsection A, above, which shall be divided equally among 50% income households, 80% income households, and moderate income households. Any remainder units above multiples of three shall be distributed to 50% income households first and 80% income households second. For illustrative purposes, Table 9.64.050(C), below, provides examples of how distribution would look for certain projects.

Table 9.64.050(C)
# of Affordable Units in the Project 50% AMI 80% AMI Moderate Income
3 1 1 1
4 2 1 1
5 2 2 1
6 2 2 2
7 3 2 2
8 3 3 2
9 3 3 3
10 4 3 3
11 4 4 3
12 4 4 4
13 5 4 4
14 5 5 4
15 5 5 5
16 6 5 5
17 6 6 5
18 6 6 6
19 7 6 6
20 7 7 6
21 7 7 7
Additional affordable housing unit Allocate 1st Allocate 2nd Allocate 3rd C. Fractions. Any
D. Except as provided in Section 9.23.030(A), any fractional affordable housing unit that results from the formulas of this Section that is 0.755 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 197
built pursuant to the provisions of this Section. Any fractional affordable housing unit that is less than 0.755 can be satisfied by the payment of an affordable housing fee for that fractional unit only pursuant to Section 9.64.070(BA)(2).

D. ) or by constructing all the mandatory on-site affordable units with 3 or more bedrooms.Income and Rent Limits. 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 required for typical sizes of multi-familymultiple-unit projects, which list shall be updated periodically.

E. Affordable Housing Unit Requirements.

1. The multi-familymultiple-unit 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 2 bedrooms unless:

1. The proposed project comprises at least 95% one bedroom units, excluding the manager’s unit, in which case the mix percentage for affordable two- and three- bedroom housing units may be one bedroom;

2. The proposed project comprises at least 95% zero bedroom units, excludingshall be equal to or greater than the unit mix percentage for the corresponding market rate units. If the manager’s unit, in which casecalculation results in 0.5 or more, the fraction shall be treated as a whole affordable housing units may be zero bedroom units;

2. 3. The proposed project comprises zero and one bedroom units, excluding the manager’s unit, in which case the.

The unit mix percentage for affordable studio housing units must be at least one bedroom units; or

3. 4. The multi-family project applicant has electedshall not to payexceed 15% of the total number of affordable housing fee pursuant to Section 9.64.070(A)(2), in which case the affordable housing units must be at least 3 bedroom units. units.

2.4. 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 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 1,800020 square feet 3 occupants
4 bedrooms 1,200 square feet 5 occupants

5. An affordable housing unit shall comply with minimum occupancy requirements as follows:
0 bedrooms 1 occupant
1 bedroom 1 occupant
2 bedrooms 2 occupants
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3 bedrooms 3 occupants
4 bedrooms 5 occupants

6. e. Affordable housing units in multi-family projects of 100 units or more must be evenly disbursed throughout the multi-familymultiple-unit project to prevent undue concentrations of affordable housing units.

F. All affordable housing units in a multi-familymultiple-unit project or a phase of a multifamilymultiple-unit project shall be constructed concurrently with the construction of market rate units in the multi-familymultiple-unit 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-familymultiple-unit 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 occupying each affordable unit throughout the prior year, and such other information as may be required by City staff.

I. A multi-familymultiple-unit project applicant in a residential district who meets the requirements of this Section shall be entitled to the density bonuses, incentives or concessions, and waivers or reductions of development standards and incentives provided by SectionSanta Monica Municipal Code Chapter 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. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 63, adopted June 14, 2016; Ord. No. 2605CCS § 2, adopted April 9, 2019; Ord. No. 2622CCS § 1, adopted October 22, 2019; Ord. No. 2654CCS § 1, adopted October 27, 2020)

9.64.060 Off-Site Option
The following requirements must be met to satisfy the off-site option of this Chapter:

A. A. The multi-family project An applicant for ownership projectsa multiple-unit dwelling project consisting of 420 or more units in multi-family residential districts shall agree to construct 255% more affordable housing units than the number of affordable housing units required by Section

9.64.050(A) and (B).

A.B. Fractions. Any fractional affordable housing unit that results from the formulas of this Section that is 0.5 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 0.5 can be satisfied by the payment of an affordable housing fee for that fractional unit only pursuant to Section

9.64.070(A)(2).

C. B. For all other multi-family project applicants, the applicant shall agree to construct the same number ofThe off-site affordable housing units as specified in Section 9.64.050(shall be affordable to 80% income households or lower.
199
DC).

C. . The multi-familymultiple-unit project applicant shall identify an alternate site suitable for residential housing which the project applicant either owns or has site control over (e.g., purchase agreement, option to purchase, lease) subject to City review to ensure that the proposed development is consistent with the City’s housing objectives and projects.

ED.The off-site units shallmay be located anywhere in the City except for within a one-quarter mile radius of the market rate units. the area defined in Figure 9.64.060.A, Off-Site Affordable Housing Prohibition Area, below.

Figure 9.64.060.A – Off-Site Affordable Housing Prohibition Area 200
FE. The off-site units shall satisfy the requirements of subsections (D) through (J) of Section 9.64.050.

GF.ThePooling Units/No Double Counting. If two or more market rate projects elect to use the off-site option in a single project, the off-site affordable housing unitsin the project shall not countbe counted twice towards the satisfaction of any affordable housing obligation that development of the alternative site with market rate units would otherwise be subject to pursuant to this Chapter.

G. Exceptions to the location of the off-site units specified in this Section may be granted by the Planning Commission on a case-by-case basis upon, but shall count towards eligibility for a showing by the multi-family project applicant, based upon substantial evidence, that the location of off-site units in a location different from that specifieddensity bonus in this Section better accomplishes the goals of thisaccordance with Chapter, including maximizing affordable housing production and dispersing affordable housing throughout the City 9.22.

HG. The off-site affordable units shall be owned in whole or part and operated by a nonprofit affordable housing provider for the life of the project, and the Final Construction Permit Sign Off or Certificate of Occupancy for the off-site affordable units shall be issued prior to or concurrently with the marketrate housing project.

IH .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 initially being rented or sold, when the required annual reports are submitted to the City, and when the units are being re-sold or re-leased. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

9.64.070 Affordable Housing Fee
A multi-familymultiple-unit project applicant eligible to meetmay satisfy the affordable housing obligations established by this Chapter by paying an affordable housing fee shall pay the fee in accordance with the following requirements:

A. A. Multiple-unit projects of five units or less based on the following formulaAn affordable housing fee may be paid in accordance with the following formulas:
(

1. Affordable housing unit base fee) x (floor area of multi-familymultiple-unit project;)
2B. Multi-familyMultiple-unit projects of six units or more with fractional affordable housing units of less than 0.755 based on the formula established in Section 9.64.050 and 9.64.060:
(City’s affordable housing unit development cost) x (fractional percentage) CB.For purposes of this Section, the affordable housing unit base fee shall be established by resolution of the City Council. Commencing on July 1, 2006 and on July 1st of each fiscal year thereafter, the affordable housing unit base fee shall be adjusted based on changes in construction costs and land costs. The amount of the affordable housing fee that the multi-familymultiple-unit project applicant must pay shall be based on the affordable housing unit base fee resolution in effect at the time that the affordable housing fee is paid to the City.

DC. For purposes of this Section, the City’s affordable housing unit development cost shall be established by resolution of the City Council. Commencing on July 1, 2007 and on July 1st of each fiscal year thereafter, the City’s affordable housing unit development cost shall be adjusted based on changes in construction costs and land costs. The affordable housing fee that the multifamilymultiple-unit project applicant must pay shall be based on the affordable housing unit development cost resolution in effect at the time of payment to the City. 201
ED.The amount of the affordable housing unit base fee may vary by product type (apartment or condominium) and shall reflect, among other factors, the relationship between new market rate multi-familymultiple-unit development and the need for affordable housing.

FE. The affordable housing fee shall be paid in full to the City prior to the City granting any approval for the occupancy of the project, but no earlier than the time of building permit issuance.

GF.The City shall deposit any payment made pursuant to this Section in a reserve account separate from the General Fund to be used only for development of affordable housing, administrative costs related to the production of this housing, and monitoring and evaluation of this affordable housing production program. Any monies collected and interest accrued pursuant to this Chapter shall be committed within five years after the payment of such fees or the approval of the multifamilymultiple-unit project, whichever occurs later. Funds that have not been appropriated within this five-year period shall be refunded on a pro rata share to those multi-familymultiple-unit project applicants who have paid fees during the period. Expenditures and commitments of funds shall be reported to the City Council annually as part of the City budget process.

HG. An affordable housing fee payment pursuant to this Section shall not be considered provision of affordable housing units for purposes of determining whether the multi-familymultiple-unit project qualifies for a density bonus pursuant to Government Code Section 65915. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

9.64.080 Land Acquisition
A. A multi-familymultiple-unit project applicant may meet the affordable housing obligations established by this Chapter by making an irrevocable offer:

1. Dedicating land to the City or a non-profit housing provider;

2. Selling of land to the City or a non-profit housing provider at below market value; or

3. Optioning of land on behalf of the City or a non-profit housing provider.

Each of these options must be for a value at least equivalent to the affordable housing obligation otherwise required pursuant to this Section.

B. The multi-familymultiple-unit project applicant must identify the land at the time that the development application is filed with the City. Any land offered pursuant to this Section must be located within one-quarter mile radius of the market rate units unless the multi-familymultiple-unit project applicant demonstrates that locating the land outside of this radius better accomplishes the goals of this Chapter, including maximizing affordable housing production and dispersing affordable housing throughout the City. The City may approve, conditionally approve or reject such offers subject to administrative guidelines to be prepared by the City Manager or designee. If the City rejects such offer, the multi-familymultiple-unit project applicant shall be required to meet the affordable housing obligation by other means set forth in this Chapter. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

9.64.090 Fee Waivers
The Condominium and Cooperative Tax described in Section 6.76.010 of the Santa Monica Municipal Code or any successor thereto and the Park and Recreation Facilities Tax established in Chapter 6.80 of Article 6 of the Santa Monica Municipal Code or any successor thereto, the Transportation Impact Fee required by Chapter 9.66, or any successor thereto, the Open Space Fee required by Chapter 9.67, or any successor thereto, and the Childcare Linkage Fee required by Chapter 9.65, or any successor thereto, shall be waived for required affordable housing units and for 30%, 50%, 80% and moderate-income dwelling units developed by the City or its designee using affordable housing fee. However, any multifamilymultiple-unit project applicant who elects to pay an affordable housing fee shall not be eligible for any fee waiver under this Section. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015) 202

9.64.100 Pricing Requirements for Affordable Housing Units The City shall publish, on an annual basis, the 30%, 50%, 80%, and moderate -income household levels, and affordable rents for affordable housing units, adjusted for household size appropriate for the unit. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

9.64.110 Income Eligibility Requirements
A. Only 30%, 50%, 80% and moderate-income households shall be eligible to occupy or own and occupy affordable housing units. The City shall develop a list of income-qualified households. MultifamilyMultiple-unit project applicants shall be required to select households from the Citydeveloped list of income-qualified households, except applicants of ownership projects of four or more units in the City’s multi-family residential zones may themselves select income-qualified households which shall be subject to eligibility certification by the City.

B. The following individuals, by virtue of their position or relationship, are ineligible to occupy an affordable housing unit:

1. All employees and officials of the City of Santa Monica or its agencies, authorities, or commissions who have, by the authority of their position, policy-making authority or influence over the implementation of this Chapter and the immediate relatives and employees of such City employees and officials;

2. The immediate relatives of the applicant or owner, including spouse, children, parents, grandparents, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, sister-in-law, and brother-in-law.

C. 3. For purposes of this Chapter, income eligibility is based upon the gross income of the household, including the income of all adult wage earners including elderly or disabled family members, and all other sources of household income from adults. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

9.64.120 Relation to Units Required by Rent Control Board 30%, 50%, 80% and moderate-income dwelling units developed as part of a market rate project, pursuant to replacement requirements of the Santa Monica Rent Control Board, shall count towards the satisfaction of this Chapter if they otherwise meet applicable requirements for this Chapter including, but not limited to, the income eligibility requirements, deed restriction requirements, and pricing requirements. New inclusionary units required by the Rent Control Board which meet the standards of this Chapter shall count towards the satisfaction of this Chapter. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

9.64.130 Deed Restrictions
Prior to issuance of a building permit for a project meeting the requirements of this Chapter by providing affordable units on-site or off-site, the multi-familymultiple-unit project applicant shall submitrecord deed restrictions or other legal instruments setting forth the obligation of the applicant under this Chapter for City review and approval. Such restrictions shall be effective for at least fifty-five55 years. In addition to the administrative guidelines specifically required by other provisions of this Chapter, the City Manager or designee shall be the designated authority to enter into recorded agreements with multi-familymultiple-unit project applicants. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015) 203

9.64.140 Enforcement
No building permit or occupancy permit shall be issued, nor any development approval granted, for a project which is not exempt and does not meet the requirements of this Chapter. All affordable housing units shall be rented or owned in accordance with this Chapter. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

9.64.150 Annual Report
The City Manager or designee, shall submit a report to the City Council on an annual basis which shall contain information concerning the implementation of this Chapter. This report shall also detail the projects that have received pPlanning approval during the previous year and the manner in which the provisions of this Chapter were satisfied. This report shall further assess whether the provisions of Proposition R have been met and whether changes to this Chapter or its implementation procedures are warranted. In the event the provisions of Proposition R have not been met, the City Council shall take such action as is necessary to ensure that the provisions will be met in the future. This action may include, but not be limited to, amending the provisions of this Chapter or its implementation. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

9.64.160 Principles and Guidelines
The City Manager, or designee, shall develop guidelines to implement this Chapter, which guidelines shall be subject to approval of the City Council. The guidelines shall include, but not be limited to, the methodology for the establishment and periodic adjustment of the base fee and the affordable housing unit development cost; for-sale affordable unit requirements, tenant and purchaser eligibility procedures; and additional requirements for exercise of the off-site option and land acquisition option. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

9.64.170 Adjustments or Waivers
A. A multi-familymultiple-unit project applicant may request that the requirements of this Chapter be adjusted or waived based on a showing that applying the requirements of this Chapter would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the property.

B. To receive an adjustment or waiver, the applicant must submit an application to the City Manager or designee, at the time the applicant files a multi-familymultiple-unit project application. The applicant shall bear the burden of presenting substantial evidence to support the request and set forth in detail the factual and legal basis for the claim, including all supporting technical documentation.

C. In making a determination on an application to adjust or waive the requirements of this Chapter, the City Manager or designee, or City Council on appeal, may assume each of the following when applicable:

1. The applicant is subject to the affordable housing requirementobligation of this Chapter;

2. The applicant will benefit from the inclusionary incentives set forth in this Chapter and the City’s Municipal Code;

3. The applicant will be obligated to provide the most economical affordable housing units feasible in terms of construction, design, location and tenure.

D. The City Manager or designee shall render a written decision within ninety days after a complete application is filed. The City Manager’s or designee’s decision may be appealed to the City Council if such appeal is filed within fourteen consecutive calendar days from the date that the decision is 204
made in the manner provided in Santa Monica Municipal Code Chapter 9.37, Common Procedures of this Code, or any successor thereto.

E. If the City Manager or designee, or City Council on appeal, upon legal advice provided by or at the behest of the City Attorney, determines that applying the requirements of this Chapter would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the property, the affordable housing requirements shall be adjusted or waived to reduce the obligations under this Chapter to the extent necessary to avoid an unconstitutional result. If an adjustment or waiver is granted, any change in the use within the project shall invalidate the adjustment or waiver. If the City Manager or designee, or City Council on appeal, determines that no violation of the United States or California Constitutions would occur through application of this Chapter, the requirements of this Chapter remain fully applicable. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
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Santa Monica City CouncilFebruary 14, 2023

Santa Monica City Council
February 14, 2023