Agenda packet — Santa Monica City Council, February 28, 2023 (part 3 of 5)

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 8.A.b
Packet Pg. 671 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 672 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 673 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 674 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 675 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins))

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 8.A.b
Packet Pg. 676 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 677 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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.

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 9.11.020: 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 8.A.b
Packet Pg. 678 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 679 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 680 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 681 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 682 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 683 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 684 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 685 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 686 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 687 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 688 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 689 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 690 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 691 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins))

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 8.A.b
Packet Pg. 692 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 693 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 694 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 695 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 696 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 697 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 698 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 699 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 700 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 701 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 702 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 703 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 704 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins))

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 8.A.b
Packet Pg. 705 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins))

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 8.A.b
Packet Pg. 706 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins))

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 8.A.b
Packet Pg. 707 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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.

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

Single Unit Dwelling P
82 8.A.b
Packet Pg. 708 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 709 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 710 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) (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 8.A.b
Packet Pg. 711 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 712 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 713 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) (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 8.A.b
Packet Pg. 714 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 715 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 716 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 91 8.A.b
Packet Pg. 717 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 718 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) “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 8.A.b
Packet Pg. 719 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 720 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 721 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 722 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 723 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 724 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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 8.A.b
Packet Pg. 725 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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.
100

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Packet Pg. 726 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

8.A.b
Packet Pg. 727 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins))

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

8.A.b
Packet Pg. 728 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

8.A.b
Packet Pg. 729 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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.
104

8.A.b
Packet Pg. 730 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 731 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins))

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

8.A.b
Packet Pg. 732 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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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Packet Pg. 733 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 734 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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.
109

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Packet Pg. 735 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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:
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Packet Pg. 736 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 737 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 738 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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
113

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Packet Pg. 739 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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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Packet Pg. 740 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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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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Packet Pg. 743 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 744 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins))

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

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Packet Pg. 745 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 746 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 747 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 748 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 749 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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)
124

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Packet Pg. 750 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 751 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 752 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins))

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

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Packet Pg. 753 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 754 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 755 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) (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

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Packet Pg. 756 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

8.A.b
Packet Pg. 757 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

8.A.b
Packet Pg. 758 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

8.A.b
Packet Pg. 759 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

8.A.b
Packet Pg. 760 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

8.A.b
Packet Pg. 761 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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.
136

8.A.b
Packet Pg. 762 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

8.A.b
Packet Pg. 763 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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.
138

8.A.b
Packet Pg. 764 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

8.A.b
Packet Pg. 765 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins))

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.
140

8.A.b
Packet Pg. 766 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins))

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

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Packet Pg. 767 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 768 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 769 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 770 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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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Packet Pg. 771 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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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Packet Pg. 772 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 773 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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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Packet Pg. 774 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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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Packet Pg. 775 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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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Packet Pg. 776 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins))

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

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Packet Pg. 777 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 778 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 779 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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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Packet Pg. 780 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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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Packet Pg. 781 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 782 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 783 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins))

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

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Packet Pg. 784 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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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Packet Pg. 785 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 786 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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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Packet Pg. 787 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins))

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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Packet Pg. 788 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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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Packet Pg. 789 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 790 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 791 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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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Packet Pg. 792 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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.
167

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Packet Pg. 793 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 794 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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)
169

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Packet Pg. 795 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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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Packet Pg. 796 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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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Packet Pg. 797 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 798 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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
173

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Packet Pg. 799 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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
174

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Packet Pg. 800 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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
175

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Packet Pg. 801 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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
176

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Packet Pg. 802 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 803 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins))

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)
178

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Packet Pg. 804 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 805 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 806 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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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Packet Pg. 807 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 808 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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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Packet Pg. 809 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 810 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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:
185

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Packet Pg. 811 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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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Packet Pg. 812 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 813 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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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Packet Pg. 814 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 815 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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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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Packet Pg. 817 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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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Packet Pg. 818 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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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Packet Pg. 819 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 820 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 821 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 823 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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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Packet Pg. 824 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 825 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 826 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 827 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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

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Packet Pg. 828 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins))

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

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Packet Pg. 829 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins))

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

8.A.b
Packet Pg. 830 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) 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)
205

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Packet Pg. 831 Attachment: Attachment B - Zoning Ordinance Redlines (5628 : Housing Element Implementation (120 mins)) Attachment B - Proposed Amendments to the Downtown Community Plan These changes to the DCP are proposed in addition to the changes adopted on March 10, 2020 per Resolution 11239 (CCS) and August 25, 2020 per Resolution 11284 (CCS):

Section 2A.4, Entitlement and Tier System, page 28
The LUCE addresses the Downtown area from a broad policy perspective, outlining goals and objectives, but defers the specific land-use standards to the Downtown Community Plan. The DCP implements a modified version of the LUCE Tiering system, which provides distinct entitlement processes for projects of certain sizes and/or land uses.

The DCP entitlement system differentiates between housing projects and commercial projects, and relies upon process thresholds to crate distinct entitlement pathways for each project type, which are summarized in Chapter 4, 9.10.050, Application Thresholds Table. Downtown housing projects are strongly encouraged to support a strong economically diverse residential neighborhood component to Downtown vitality. These are consequently provided more generous floor area thresholds than their commercial counterpart. Housing projects are defined in Chapter 4, Standards and Regulations,

9.10.050.
• “Base” Projects Typically, developments that conform to Tier 1 standards are referred to as “base” projects. Base projects must meet minimum project requirements for setbacks, design and open space, and pay adopted fees for items such as affordable housing, trip reduction, cultural arts and childcare fees. Projects that provide the required percentage of Affordable Housing Production Program (AHPP) on-site are allowed an additional floor of housing for a maximum of three stories and 39 feet.

1. Housing Projects
Any streamlined housing project up to 75,000on sites less than 43,560 sq. ft. may be processed through an administrative Administrative approvalApproval. Any housing project that meets the definition of “housing development project” under the Housing Accountability Act and that, consistent with the Housing Accountability Act, complies with all applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the project application is deemed complete, may be processed through an administrative approval up to the thresholds established by Section 9.10.050.

2. Commercial Projects
Smaller commercial projects that conform to Tier 1 standards may be processed through an Administrative Approval.

Development Review Projects
Certain Tier 2 commercial projects and certain Tier 3 housing projects on site that are 43,560 sf or greater are permitted by Development Review Permit (DRP), allowing typical mixed-use housingthese projects to be approved through discretionary review and a Planning Commission public hearing that gives community members a venue to share thoughts and input on proposed projects. By law, Planning Commission decisions are appealable to the City Council. The project requirements for Tier 2 and nonnegotiated Tier 3 housing projects are unique to Downtown. This system of project requirements is intended to incentivize and place a priority on the development of housing in Downtown, implement affordable housing requirements that result in a greater number and a more diverse unit mix, and ensure greater discretionary review for larger housing projects and commercial projects. Two types of projects qualify for Development Review Permits within the DCP.

1. Housing Projects on Sites 43,560 Square Feet or Greater

8.A.c
Packet Pg. 832 Attachment: Attachment C - DCP Redlines (5628 : Housing Element Implementation (120 mins)) Tier 2. Tier 2 housing projects are considered non-negotiated projects. These projects are required to comply with affordable housing requirements and affordability mix as established in Chapter 4, Standards and Regulations, 9.10.070 and must also contribute augmented fees at Tier 2 levels.

Tier 3. In the Transit Adjacent Zone only, larger hHousing projects that conform to Tier 3 height standardsare larger than 90,000 sf are considered non-negotiated discretionary projects. These projects are required to comply with affordable housing requirements and affordability mix as established in Zoning Ordinance Section 9.10.070 and must also contribute augmented fees at Tier 3 levels.

2. Commercial All Other Projects Tier 2Between 10,000-30,000 SF.

Tier 2 non-residential projects between 10,000-30,000 square feet are considered non-negotiated discretionary projects that must contribute to the community benefits program at Tier 2 levels.

Chapter 2A.4, page 29
Development Agreement Projects
Development Agreements are used to process specific properties where special conditions of size, shape, geography or existing or desired development require particular attention and additional analysis.

This approach allows the city to address the specific physical conditions and challenges posed by these sites and negotiate for significant benefits from larger individual development projects. In the Downtown district, several project types will require a negotiated development agreement, regardless of proposed height and tier, with negotiated community benefits approved by the City Council. Guidelines for on-site benefits that are aligned with the community benefit priorities for Downtown are listed in Table 2A.4.

Commercial All Other Projects.

All Tiers. Non-residential commercialhousing projects greater than 30,000 square feet of floor area shall be required to be processed through a development agreement. Under no circumstances shall projects be considered for increases beyond height or FAR standards set forth in this Plan.

All development agreement projects are expected to provide community benefits that contribute to Downtown’s priorities and fees in excess of Tier 3 fee requirements. Table 2A.3 provides guidelines to priority areas that should guide development agreement negotiations. These priority areas are a baseline for further negotiation.

Chapter 4, page 177
These changes are proposed as part of implementation of the Housing Element Update:

9.10.050 Application Thresholds Table
Streamlined Housing Project All Other Projects
Administrative Approval Projects up to 75,000 sfSites
less than 43,560 sf
Less than 10,000 sf
Development Review Permit Tier 2 greater than 75,000 sf Tier 3 Projects greater than
90,000 sfSites 43,560 sf or
greater
10,000 - 30,000 sf
Development Agreement N/A Greater than 30,000 sf
A. “Streamlined Housing Project” means 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 25% of the total building square footage and are limited to neighborhood commercial uses and to the first two floors of buildings that are two or more stories

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Packet Pg. 833 Attachment: Attachment C - DCP Redlines (5628 : Housing Element Implementation (120 mins))

3. Transitional or supportive housing
B. Administrative Approval Review Procedures.

1. For projects eligible for an Administrative Approval under Table 9.10.050 and exempt from Development Review Permit Requirements under 9.10.050(C)(1) or (2), an applicant shall conduct a community meeting to receive community input on the proposal, which. The community meeting shall be conducted prior to submitting an application, and with noticing and reporting on the community meeting as required in guidelines adopted by the Director.

2. Following receipt of a recommendation decision from the Architectural Review Board, the Director shall issue a decision determination on the Administrative Approval in accordance with SMMC Chapter 9.39.

C. Housing Exemptions. The following types of projects are exempt from Development Review Permit requirements:
1) 100% Affordable Housing Projects
2) Tier 2 Streamlined Housing Projects – Streamlined housing projects on sites that are less than 43,560 sf including projects that have been granted modifications and waivers in accordance with Santa Monica Municipal Code Chapter 9.43 Modifications and Waivers. that meet the definition of “housing development project” under the Housing Accountability Act, Government Code Section 65589.5, (“Housing Accountability Act”) and that, consistent with the Housing Accountability Act, comply with all applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the project application is deemed complete, up to the thresholds established by the Zoning Ordinance.

9.10.030 Applicability and Relationship to Santa Monica Municipal Code and Other Regulations A. Applicability. The Downtown Community Plan establishes the area’s regulations and standards and shall guide all land use and development and circulation related decision-marking processes for the Plan area.

B. Relationship to Santa Monica Municipal Code and Other Regulations

1. General. If provisions in the Downtown Community Plan and Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”) are in conflict, the provisions in the Downtown Community Plan shall be applied. Where land use regulations, development standards, administrative regulations, and general terms and definitions are not specifically addressed by the Downtown Community Plan, Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”) shall be applied. Land use regulations for DCP land use districts may be found in Chapter 9.10 of the Zoning Ordinance. a. Projects that include affordable housing on City-Owned properties shall be exempted from the Downtown Community Plan and Zoning Ordinance pursuant to Section 9.01.040(A)(1)(d).

Chapter 4, page 178

9.10.060 Development Standards
Table 4.2 prescribes the development standards for Downtown 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 Ordinance, while individual letters in parentheses refer to subsections that directly follow the table.

Table 4.2 Development Standards—Downtown Districts

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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 7,500
Minimum
Parcel Width
(ft.)
50 50 50 50 50 50 50 50
Minimum
Parcel Depth
(ft.)
150 150 150 150 150 150 150 150
Maximum FAR SMMC
Section

9.04.080
Determining
FAR
Housing
Projects 3.00 3.00 4.00 3.00 3.50 4.00 3.00 3.25
SMMC
Section

9.31.195,
Multiple-Unit
Dwelling
Projects
100%
Affordable
Housing
Projects

3.50 3.50 4.50 3.50 4.00 4.50 3.50 3.75
Tier 1 1.25 1.25 1.75 1.75 1.75 1.75 1.75 1.5
Tier 1 – With
Housing 1.5 1.5 2.25 2.25 2.25 2.25 2.25 1.5 Section
Tier 2 1.75 2.25 2.75 2.75 3.0 3.0 2.25 1.75
SMMC
Section

9.10.070
Project
Requirements
for Tier 2 and
Tier 3 Projects
Tier 2 – With
Housing 2.25 2.75 3.5 2.75 3.5 3.5 2.75 2.25 Section

9.10.070
Tier 2 with
Housing for
Parcels that
Front on
Wilshire, not
located
adjacent to a
residential
district and
Have a LUCE
designation of
Downtown
Core
- - - - - - - 2.75
Tier 3
- - - - - 3.5 - -
SMMC
Section

90.10.070
Project
Requirements
for Tier 2 and
Tier 3 Projects
Tier 3 – With
Housing - - - - - 4.0 - -
100%
Affordable
Housing
Projects

2.75 3.25 4.0 3.25 4.0 4.0 3.25 2.75

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Additional
Regulations
100%
Affordable
Housing
Projects—
Parcels that
front on
Wilshire
Boulevard,
are not
located
adjacent to a
residential
district, and
have a LUCE
designation of
Downtown
Core
- - - - - - - 3.25
Building Form and Location
Maximum Building Height (ft) SMMC
Section

9.04.050
Measuring
Height
Tier 1 – Base
Standard 32’ 32’ 32’ 32’ 32’ 32’ 32’ 32’
Housing
Projects
65’ 65’ 84’ 65’ 65’ 84’ 65’ 70’
100%
Affordable
Housing
ProjectsTier 1
– Housing
Projects
Including OnSite
Affordable
Housing in
Compliance
with AHPP
75’39’ 75’39’ 94’39’ 75’39’ 75’39’ 94’39’ 75’39’ 80’39’ Tier 1 – Base
Standard 32’ 32’ 32’ 32’ 32’ 32’ 32’ 32’
Tier 2 40’ 50’ 60’ 60’ 60’ 60’ 50’ 40’
Tier 2 – With
Housing 50’ 60’ 60’ 60’ 60’’ 60’ 50’ 50’
Tier 2 with
Housing for
Parcels that
Front on
Wilshire, not
located
adjacent to a
residential
district and
Have a LUCE
designation of
Downtown
Core
- - - - - - - 60’
Tier 3 - - - - - 84’ - -
Tier 3 – With
Housing - - - - - 84’ - -
100%
Affordable
Housing
Projects
60’ 70’ 70’ 70’ 70’ 84’ 60’ 60’

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Additional
Regulations
100%
Affordable
Housing
Projects—
Parcels that
front on
Wilshire
Boulevard,
are not
located
adjacent to a
residential
district, and
have a LUCE
designation of
Downtown
Core
- - - - - - - 70’
Height
Transitions to
Residential
Districts
See (A)
(1)
See (A)
(1) N/A N/A N/A N/A N/A See (A)
(1)
Minimum
Ground Floor
Height
11’
Maximum
Ground floor
Height
16’ 16’ 16’ N/A 16’ 16’ 16’ 16’
Building Form Regulated by Building Type
Minimum
Stepbacks (ft)
Required
above Ground
Floor
15% of
façade
15% of
façade
15% of
façade N/A N/A 15% of façade
15% of
façade
15% of
façade
See (C)(2)
Build to Line See (C)(1)
Minimum
Upper Level
Stepbacks
35% of façade, see (C)(3)
Minimum
Open Space
Varies by
lot width,
see
(B)(1)
Varies
by lot
width,
see
(B)(1)
Varies by
lot width,
see
(B)(1)
N/A
Varies by
lot width,
see
(B)(1)
Varies by
lot width,
see
(B)(1)
Varies by
lot width,
see (B)(1)
Varies by
lot width,
see (B)(1)
Minimum Side
Interior
15% of
façade,
see
(C)(5)
15% of
façade,
see
(C)(5)
15% of
façade,
see
(C)(5)
N/A
15% of
façade,
see
(C)(5)
15% of
façade,
see
(C)(5)
15% of
façade,
see (C)(5)
15% of
façade,
see (C)(5)
Minimum
Unbroken
Primary
Façade
Length
10’ wide by 5’ depth, see (C)(7)
Building
Frontage Line
(Ground Floor
Setback)
See (D) See (D) See (D) See (D) See (D) See (D) See (D) See (D)
Minimum
Interior Side
and Rear –
Adjacent to
Residential
District
10’ see
(A)(1)
Illustr.

4.32 10’ see
(A)(1)
Illustr.

4.32 N/A N/A N/A N/A N/A
10’ see
(A)(1)
Illustr.

4.32 Rear Adjacent
to Alley 2’ for first 16’ of building height measured from rear property line

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Additional
Regulations
Parking See SMMC Chapter 9.28 Parking, Loading, and Circulation Active Design
Active Design See (E)
Pedestrian
Oriented
Design
See (E)
Additional Standards
Accessory
Dwelling Unit SMMC Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory
Food Service SMMC Section 9.31.030 Accessory Food Service Accessory
Structures SMMC Section 9.21.020, Accessory Buildings and Structures Affordable
Housing
Production
Program
SMMC Chapter 9.64, Affordable Housing Production Program Automobile/V
ehicle Sales,
Leasing, and
Storage
SMMC Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage Bicycle
Parking SMMC Section 9.28.140, Bicycle Parking
Density Bonus SMMC Chapter 9.22, Density Bonus
Exceptions to
Height Limits SMMC Section 9.21.060, Height Exceptions
Fences,
Walls, and
Hedges
SMMC Section 9.21.050, Fences, Walls, and Hedges
Home
occupation SMMC Section 9.31.160, Home Occupation
Junior
Accessory
Dwelling Units
SMMC Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping
and Street
Trees
SMMC Subsection 9.11.030(F), Chapter 9.26, Landscaping
Lighting SMMC Section 9.21.080, Lighting
Multiple-Unit
Dwelling
Projects
SMMC Section 9.31.195, Multiple-Unit Dwelling Projects
Multiple-Unit
Dwelling
Projects
Located on
Community
Assembly
Surface
Parking Lots
SMMC Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots Off-Street
Parking and
Loading
SMMC Chapter 9.28, Parking, Loading, and Circulation
Refuse and
Recycling
Screening and
Enclosure
SMMC Section 9.21.130, Resource Recovery and Recycling Standards Signs SMMC Chapter 9.61, Signs
Screening SMMC Section 9.21.140, Screening

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Additional
Regulations
Solar Energy
Systems SMMC Section 9.21.150, Solar Energy Systems
Refuse and
Recycling
Screening and
Enclosure
SMMC Section 9.21.130, Resource Recovery and Recycling Standards Sustainability SMMC Chapter 8.106, Green Building Standards Code Chapter 4, Section C, page 184
A.BUILDING HEIGHT TRANSITION TO RESIDENTIAL DISTRICTS

1. In the Wilshire Transition District and along the east side of Lincoln Boulevard, buildings shall not extend above a plane starting at 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, up to the maximum building height (see Illustration 4.32). The 30 foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to SMMC Section 9.04.050.

B. OPEN SPACE

1. Minimum Open Space Requirements, per (B)(2)
Lot width of 50 feet or less None
Lot width between 51 feet and 150 feet 20% total: 10% located at Ground Floor or Podium at 1 or 2 Levels above Ground and 10%
without regulated location
Lot widths greater than 150 feet 5% total: 12.5% located at Ground Floor or Podium at 1 or 2 Levels above Ground and 12.5%
without regulated location
The open space requirements established in this subsection B supersede the open space requirements established in Section 9.21.090 of the Zoning Ordinance.

2. The minimum area required for open space is expressed as a percentage of the buildable area (i.e. remaining parcel after required setbacks) and is based on lot width. Unless otherwise noted, this open space may be public or private.

3. Required open space can be accommodated at-grade, on a podium one or two levels above the ground floor, in private exterior balconies that are a minimum of 35 sf each, roof gardens, or any combination thereof.

4. 25% of the overall open space required for a project must be designed as common open space.

5. Ground floor building setbacks resulting from compliance with subsection (D) shall not be counted towards compliance with this requirement. Building setbacks that exceed the minimum requirement may be included towards compliance with this requirement, provided any overhanging encroachments have a minimum vertical clearance equivalent to the ground floor height requirement.

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6. Stepbacks resulting from compliance with subsections (C)(2) and (C) (3) may be counted towards compliance with this requirement

7. For lot widths greater than 50’ in width, the maximum height to width ratio of any Courtyard is 1.7:1 (e.g. a Courtyard within a 60’ tall structure must have a minimum dimension of 35’). Where sides of a Courtyard are unequal in height, they may be averaged to determine the effective height. The minimum Courtyard dimension on any side shall be 20 feet.

8. Projections and Encroachments into the Courtyard are permitted on all sides, provided that the minimum dimension of 20’ is maintained.

9. Breaks in buildings required by Maximum Unbroken Primary Facade Length of subsection (C)(67), shall count toward Open Space Requirements if it connects to an interior open space.

10. All visible portions of a required setback, not used for vehicular or pedestrian access to the building, shall consist of hardscape, planting areas, and/or pedestrian amenities like entry courtyards, plazas, entries, outdoor eating and display areas, or other uncovered areas designed and accessible for public use.

C. BUILDING MODULATION STANDARDS
In order to modulate building mass and express a design concept, new buildings or additions to existing buildings shall be designed in three dimensions on the front and sides to ensure light and air into buildings and down to the street.

1. Build-To Line. Buildings with nonresidential uses on the ground floor and not facing a residential district shall be constructed at the building frontage line for 70 percent of linear street frontage.

Building entries required to be recessed due to technical codes may be counted towards this requirement. This requirement may modified upon finding that:
a. An alternative configuration can be approved based on the findings in Chapter 9.43.020, Minor Modifications.
b. The alternative configuration meets the objectives of the DCP Design Guidelines. c. 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
d. The building incorporates an alternative entrance design that creates a pedestrian-oriented entry feature facing the street

2. Minimum Required Stepbacks Above Ground Floor.
a. Districts with 50 or 60 up to 70 feet Maximum Allowable Height Limit. Minimum required stepbacks from the building frontage line are established above the ground floor. The Minimum Required Stepback Above the Ground Floor and below 39 feet shall be 15% of the front façade area. Stepbacks shall be a minimum of 5 feet and are not required to be open to the sky.

Projections into the required stepbacks are permitted pursuant to 9.10.120(A). b. Districts with 84 Feet Maximum Allowable Height Limit. Minimum required stepbacks from the building frontage line are established above the ground floor. The Minimum Required Stepback Above the Ground Floor and below 60 feet shall be 15% of the front façade area. Stepbacks shall be a minimum of 5 feet and are not required to be open to the sky. Projections into the required stepbacks are permitted pursuant to 9.10.120(A).
c. Bayside Conservation District. In order to maintain a consistent streetwall, a stepback is not required below 39 feet.
d. Corner Lots of 50 feet or Less in Width. All corner lots with a width of 50 feet or less are permitted to measure stepbacks from the property line above the ground floor provided that: i. A minimum ground floor height of 16 feet is provided. ii. No architectural structure, form or feature including but not limited to, columns, piers, and wing walls shall occupy the ground floor setback area.

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3. Minimum Upper Level Stepbacks.
a. Bayside Conservation District and Districts with 50 feet or 60 up to 70 feet Maximum Allowable Height Limit. Minimum required stepbacks from the building frontage line are established for the upper levels of proposed buildings. The Minimum Upper Level Stepback above 39 feet shall be 35% of the front façade area. Stepbacks shall be a minimum of 5 feet and are not required to be open to the sky. Projections into the required stepbacks are permitted pursuant to 9.10.120(A).
b. Districts with 84 feet maximum allowable height limit. Minimum required stepbacks from the building frontage line are established for the upper levels of proposed buildings. The Minimum Upper Level Stepback above 60 feet shall be 35% of the front façade area. Stepbacks shall be a minimum of 5 feet and are not required to be open to the sky. Projections into the required stepbacks are permitted pursuant to 9.10.120(A).
c. Corner lots of 50 feet or less in width. All corner lots with a lot width of 50 or less are permitted to measure stepbacks from the property line above the ground floor provided that: i. A minimum ground floor height of 16 feet is provided. ii. No architectural structure, form or feature including, but not limited to, columns, piers, and wing walls shall occupy the ground floor setback area.

4. Alternative Stepback Compliance for Districts with 50 feet or 60 up to 70 feet maximum allowable height limit. In order to provide flexibility for compliance with the stepback requirements in subsections (C)(2) and (C)(3), the Planning Commission, Architectural Review Board, or Landmarks Commission, whichever is the first reviewing authority of an application, may approve building modulation above the ground floor for 25% of the front façade (on corner lots of 50 feet or less in width, the stepbacks shall be measured from the property line) area subject to the following findingsmay be approved pursuant to the procedures set forth in Section 9.10.110, but shall be subject to only the following finding:
a. The Planning Commission/Architectural Review Board/Landmarks Commission finds that tThe alternative compliance creates a three dimensional frontage which reinforces the architectural concept and is appropriate to its unique location and context.

5. Minimum Side Interior Stepback. A minimum of 15% of the exposed side interior building façade area above 39 feet shall be setback a minimum of 5 feet from the side property line.

6. Alternative Side Interior Stepback Compliance for All Districts. In order to provide flexibility for compliance with the side interior stepback requirements in subsection C(5), in all districts the side interior stepback may be reduced to 12” provided that the open space requirements established in 9.10.060 B(1) are increased to the following:

Lot width of 50 feet or less None
Lot width between 51 feet and 150 feet 25% total
Lot widths greater than 150 feet 30%

7. Maximum Unbroken Primary Façade Length
a. All new or modified buildings shall orient the primary façade to the Frontage line.

Secondary facades orient to the side and rear yards.
b. Corner buildings shall have a primary façade fronting each sidewalk c. For facades that are greater than 150’, a break of 10% of the façade length with a 5 foot minimum depth is required. This dimension can be broken into two breaks, provided each break is greater than 5a minimum of 10 feet in width. The break must extend from above the ground for 60 percent of the height of the project. The break is not required to be continuous.

Chapter 4, Section E, page 191

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Packet Pg. 841 Attachment: Attachment C - DCP Redlines (5628 : Housing Element Implementation (120 mins)) E. PEDESTRIAN-ORIENTED DESIGN STANDARDS.

Ground floor pedestrian orientation is required for all projects throughout the Downtown and where applicable, shall be designed to accommodate commercial uses and activities. 100% Affordable Housing projects are exempt from the provisions of this subsection (E).

1. Outdoor Dining. Dining areas may encroach into building setbacks as long as a minimum unobstructed pedestrian pathway of 8’ in width is maintained. On 6th and 7th Streets, the minimum width is 6’.
a. On the Promenade, dining may encroach up to 12 feet from the abutting property frontage to accommodate outdoor dining. Uses located in the Promenade encroachment zone shall be in accordance with approved Third Street Promenade outdoor dining standards and subject to an encroachment permit.

2. Pedestrian-Oriented Frontage Design for New Development.

Where commercial space is required, the following shall apply:
a. Where commercial space is provided, aA minimum of 50’ depth of ground floor commercial space shall be provided in the Lincoln Transition, Neighborhood Village, and Wilshire Transition Districts. b. A minimum of 6550% of the Frontage shall be transparent and include windows, doors, and other openings.
i. Sill height should be no higher than 2.5’ and head height should be no lower than 8’ above finished grade.
ii. Openings shall have transparent glazing or openings that provide views into work, display, or sales areas, lobbies, or similar active spaces, or into windows displaying merchandise or items other than signs. Such display windows shall be at least 3’ deep. This requirement may be modified by the Architectural Review Board if it can be demonstrated that the fulfillment of this requirement materially interferes with the project’s ability to meet the requirements of Municipal Code Chapter 8.36 – The Energy Code.
c. Building Frontages shall be designed to be divided into 30 foot bays or less for commercial leasing flexibility and functionality and to create a fine-grained rhythm along the street

3. Pedestrian-Oriented Ground Floor Design for New and Existing Development All new development not required to have active commercial frontages shall include the following pedestrian-oriented standards:
a. No more than 20% of a building’s street-level frontage, but in no case exceeding 75’, may be continuously blank or featureless.
b. The following design elements shall be incorporated into the street-facing façades at the ground floor level:
i. Variations in visual interest designed to be experienced by the pedestrian point of view, which may include, but not necessarily require, such measures as, 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 offsite glare; c. Residential uses at the ground floor street frontage shall incorporate primary entries, which may include planted areas, front stairs and/or other elements that contribute to a pleasant pedestrian

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Packet Pg. 842 Attachment: Attachment C - DCP Redlines (5628 : Housing Element Implementation (120 mins)) 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, colonnades, plazas, noncommercial community bulletin boards, public or private art and alternative paving materials in areas of pedestrian access. d. Leasing galleries associated with a housing project shall not exceed 20 linear feet of ground floor street frontage.
e. Glass with a visual transparency value of at least 65% shall be used at the ground floor level to allow maximum visual access to the interior of buildings. f.e. Mirrored and highly reflective glass shall not be permitted at any level of the structure. g.f. Entries shall be spaced at a maximum of 100 feet.
h.g. Entries shall be articulated by one or more of the following: a canopy, awning or other covering, signage, or recessed doorway.
i.h. When storefront security grates or grilles are provided, they shall be: located inside exterior windows; retractable into pockets or overhead cylinders; and completely concealed when retracted.
j.i. The Raised Terrace is a frontage type permitted in the Ocean Transition District. They are defined by raised shop frontages with café dining in Zone 3, so the eye of the sitter is approximately at level with walking passerby.
i. The raised platform shall be between 7 and 36 inches in height as measured from the sidewalk grade.
ii. This type is suitable for Restaurant and Hotel uses. iii. The floor to floor height of the Raised Terrace Frontage shall be between 16 to 21 feet tall as measured from the terrace grade to the top of the finished floor. iv. Fenestration shall be a minimum of 65% of the Facade’s first floor wall area. v. Awnings shall only cover windows and doors.
vi. The dining area shall be enclosed with a permeable fence and or a row of planters to delineate the space.
vii. Primary pedestrian access to upper stories with Ground Floor Active Frontages is flexible and may be from the raised terrace, from a side, or any other pedestrian space. k.j. Materials for fences, walls, and gates should be durable and complement the building and site design. Vinyl shall not be used.

Section 2A, page 18
This chapter also includes a discussion of the process thresholds for various development types as well as the required community benefits and fees. Housing, particularly Affordable Housing, is strongly desired Downtown, and therefore encouraged through standards, such as 0.5 floor area ratio increase, and process incentives. Private property owners and/ or developers should read this section before commencement of design, to better understand what permit type to apply for, and what the City might

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Packet Pg. 843 Attachment: Attachment C - DCP Redlines (5628 : Housing Element Implementation (120 mins)) require from projects to meet the community’s long-term expectations. Community benefit formulas for Tier 2 and non-negotiated Tier 3 non-housing projects are included in Chapter 4, Standards and Regulations.

Section 2B, page 39
Bedroom Mix Requirements (see Zoning Ordinance)
Tier 2 and Tier 3 “average bedroom factor” requirements will result in a larger diversity of units within Downtown.

Community Benefit Priorities – Negotiated Projects (see Chapter 2: Downtown Districts) In addition to conforming to the Tier 2 and Tier 3 average bedroom factor requirements, negotiated projects provide the opportunity to increase the number of larger units suitable for families to the maximum extent feasible. These additional units could be paired with deed restrictions on rent to make them affordable to workforce and middle-income households.

Incentives for Housing Construction (see Chapter 4: Standards and Regulations) To encourage the production of housing Downtown, projects that meet the definition of “Housing Project” as defined in Section 9.10.050 may qualify for a floor area ratio bonus of 0.5 FAR.

Section 2B, page 54
Action CCP1.1A Adopt DCP which anticipates at least 2500 new units in the Downtown area.

Lead Agency: City Council
Timeframe: 2017
Policy CCP1.5 Provide a 0.5 floor area ratio (FAR) bonus for qualifying mixed-use residential projects within maximum FARs for each district.

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Packet Pg. 844 Attachment: Attachment C - DCP Redlines (5628 : Housing Element Implementation (120 mins)) Chapter 4, page 71
The community’s expectation for the Bergamot Plan area to transition to an energetic, equitable and sustainable new urban neighborhood is addressed through careful land use planning that is integrated with circulation policies. Many of the land use policies in this section are implemented through the Development Standards in Chapter 5 that govern scale, height, and permitted mix of uses or designed for further development in later implementation phases. Maintaining the targets identified in the LUCE for the balance of commercial and residential uses (60/40 in the Bergamot Transit Village and 50/50 in the Mixed-Use Creative District) promotes a more walkable, less auto-dependent land use pattern that meets the City’s broad social, economic and environmental goals. These integrated land use and circulation policies will foster a neighborhood that is designed from the outset to support the City’s broad Sustainable City Plan objectives to reduce the community’s carbon footprint and GHG emissions.

Chapter 4, Page 72
Bergamot Transit Village District
Development in the Bergamot Transit Village District (BTV) is directed to create the underlying urban fabric for a new mixed-use neighborhood that supports a range of uses, activities, open spaces and built forms, and which deeply integrates the new Bergamot Expo Station and the adjacent Bergamot art center into community life. The district’s evolution into a pedestrian-oriented, mixed-use destination containing jobs, housing, retail, services, entertainment and open spaces will build upon Santa Monica’s long-standing practice of crafting strong urban places.

Permitted Uses
This district allows for the creation of a vibrant concentration of retail and services, multi-family housing, and creative employment and community gathering spaces, especially in proximity to transit. For the Bergamot Transit Village, a mix of 60% commercial and 40% residential use is established as the target for new development. The permitted densities for the Bergamot Transit Village were determined so as to achieve a scale that is consistent with the community vision for a pedestrian-oriented district that provides high quality open spaces, and that is oriented to and accessible by transit. Consequently, densities have been reduced from those described in the LUCE. Permitted development densities are:

Tier I: 1.75 Floor Area Ratio (FAR)
Tier II: 2.0 FAR
Tier III: 2.5 FAR
Chapter 4, page 73
Figure 4.B.02 Map and Legend:

Bergamot Transit Village (BTV) FAR: 1.75, 2.0, 2.5; Housing Projects FAR:

4.0 Mixed Use Creative North of Pennsylvania or South of Expo Bike Path: FAR: 1.5, 1.7,

2.2; Housing Projects FAR: 3.25
Mixed Use Creative (MUC) FAR: FAR: 1.5, 1.7, 2.2; Housing Projects FAR: 4.0 Conservation: Art Center (CAC) Parcels over 100,000 SF, FAR: 1.0; Parcels under 100,000 SF, FAR: 1.0, 1.5, 2.5; Housing Projects FAR: 2.50
Conservation: Creative Sector (CCS) FAR: 1.5; Housing Projects FAR: 2.50 Chapter 4, page 75
Mixed-Use Creative District
The Mixed-Use Creative District (MUC) will emphasize the continuation of the area’s diverse creative and cultural offerings. It will also encourage the infill of new, complementary uses as a way to provide a more balanced and sustainable land use pattern that connects residents, employees and visitors to the district, the neighboring BTV, the Bergamot Expo Station and the Bergamot art center. Existing uses are encouraged to remain and will be bolstered by the balance of new creative arts jobs, housing affordable to

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Packet Pg. 845 Attachment: Attachment D - Bergamot Area Plan Redlines (5628 : Housing Element Implementation (120 mins)) the workforce and supportive local-serving retail and services. In consideration to their size and the character of existing development, smaller parcels will be developed at lower densities and smaller building scales than those of the BTV District. As in the BTV, the Mixed-Use Creative District’s evolution as a pedestrian-oriented environment is promoted through policies and standards. The eastern edge of the MUC will also be easily accessible from the new Bundy Expo Station in the City of Los Angeles.

Permitted Uses
A mix of 50% commercial and 50% residential use is established as the target for new development in the MUC District. The permitted densities for the MUC District were determined in order to achieve a scale that is consistent with the community vision for a pedestrian-oriented district that provides high-quality open spaces, and that is oriented to and accessible by transit. Consequently, densities have been reduced from those described in the LUCE. Permitted development densities are:

Tier I: 1.5 Floor Area Ratio (FAR)
Tier II: 1.7 FAR
Tier III: 2.2 FAR
As described for the BTV, a blend of uses will be accommodated, including new affordable housing, housing affordable to the workforce and market-rate housing. These housing types are more completely described in Table 5.02 in Chapter 5.

Chapter 4, page 76
Conservation: Creative Sector District
Within the Conservation: Creative Sector (CCS) District, emphasis will be placed on small-scale creative arts, media production, entertainment uses, digital technology, incubators, business services and supporting uses, such as restaurants and cafés, and housing as defined in Table 5.02. To protect the scale and character of this important creative cluster within the Plan area, permitted development densities shall be limited to (Tier I) 1.5 FAR. This restriction is balanced by incentives that can assist creative businesses in meeting their needs for a certain amount of on-site expansion.

Conservation: Art Center District
As an area-wide anchor for the creative sector, the Conservation: Art Center (CAC) District shall feature uses which contribute to and enhance both the arts and cultural functions of the Bergamot art center and the identity it establishes. These uses may includeart galleries, studios, exhibition halls, performance spaces, museums, restaurants and cafés, visitor accommodations and similar uses. Small-scale creative office uses and housing are also permitted. Distinct densities in the Conservation: Art Center District are based on parcel size, as described below:

Parcels over 100,000 SF
Tiers I-III: 1.0 Floor Area Ratio (FAR)
Parcels under 100,00 SF
Tier I: 1.0 Floor Area Ratio (FAR)
Tier II: 1.5* FAR
Tier III: 2.5* FAR
*0.5 FAR must be devoted to space for arts-related and arts-compatible uses. Artist live/work could be considered provided the primary space is used for work.

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DEVELOPMENT STANDARDS& LAND USE REGULATIONS

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Land Use Regulations and Development Standards

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Land Use Regulations and Development Standards
Development Standards and Land Use RegulationsThis section of the Plan sets out the Development Standards to ensure that all proposed development
supports the goals and vision of the Plan as described
in Chapter 4, Core Components.

The Development Standards include the following
sections, which provide a framework for the intended
urban form and character, Section A: Land Use
Regulations and Section B: Development Standards.

The Land Use Regulations define permitted uses in
the Bergamot Plan area. The Development Standards
regulate new site and building development by
establishing standards for intensity, building height,
open space and other elements. Developmentstandards include street‐based frontage standards, which regulate building frontages along existing and
new streetsto form adequate and pedestrian‐friendly
street walls.

If provisions in the Bergamot Area Plan and the
Zoning Ordinance are in conflict, the provisions in the Bergamot Area Plan shall be applied. Where Zoning
Ordinance provisions are not specifically addressed by
the Bergamot Area Plan, the Zoning Ordinance shall
be applied. Projects that include affordable housing
on City‐Owned properties shall be exempted from

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Land Use Regulations and Development Standards
the Bergamot Area Plan and Zoning Ordinancepursuant to SMMC Section 9.01.040(A)(1)(d).

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Land Use Regulations and Development Standards
All projects in the Bergamot Plan area will undergo a
City design review and permit process as required by
the Zoning Ordinance.

As discussed in Chapter 1, Introduction, the LUCE sets
out three tiers for new development in the Bergamot
Plan Area. Tier I is baseline, by‐right development up
to the discretionary review thresholds established
by the Zoning Ordinance. Tier II and Tier III projects
are allowed additional intensity and height if the
associated development provides community benefits.

Table 5.01 Key to Land Use Regulations Table
Category
Designator Category Description
P Permitted uses
L(#) Limited uses, which are permitted provided they comply with specified standards; for example, a limitation on floor area, indicated by a footnote in the use regulation table MUP Minor conditional uses, which require approval of a Minor Use Permit based on discretionary review conducted by the Planning and Community Development Director CUP Conditional uses, which require approval of a Conditional Use Permit based on discretionary review conducted by the Planning Commission ‐ Prohibited uses, which are not allowed in the district or overlay In addition to compliance with the requirements of this chapter, Tier II and Tier III projects shall comply withthe following:

Tier II
• Record a deed restriction that requires the
property owner and all building tenants to join
and maintain membership in the TMA for the life
of the project. This requirement shall be included
in all leases.
• Provideall TierIIrequirementsspecifiedintheCity’s
Municipal Code, Article IX ( Zoning Ordinance). In
orderto ensure that new development at the TierII
level contributes to the identity and development
of the Bergamot Plan area, Tier II level fees
(beyond fees that are Code base requirements)
shall be allocated to appropriate projects within
the Bergamot Plan area to the extent feasible.
• Notwithstanding the above, the Zoning Ordinance
Update process will consider requiring that
projects in the Bergamot Plan area pay a higher
Transportation Impact Feet (TIF), to be allocated
as above.

Tier IIITier III applicants should review Chapter 4, Section B:

Land Use for Community Benefits, and incorporate
appropriate project components to satisfy the
requirement to include substantial additional
amenities that the community has prioritized in
the Bergamot Plan area. Any fees collected shall be
allocated to appropriate projects within the Bergamot
Plan area. Actual project features shall be negotiated
during the Development Agreement process.

Allocation of Unused Fees
If there are no potential projects that can utilize the Tier II fund contributions within five years of payment, the funds may be used for City projects outside the
Plan area.A. LAND USE REGULATIONSTable 5.02 presents the land use regulations for the Bergamot Transit Village (BTV), Mixed‐Use
Creative (MUC), Conservation: Art Center (CAC) and
Conservation: Creative Sector (CCS) Districts, as well
as the Pedestrian Priority Corridor (PPC) and Retail
Priority (RP) Overlays (see Figure 5.01 for boundaries of the districts). Any other uses not included in the table are prohibited and covered by the general rule, which
states that any uses not specifically authorized areprohibited. The key to the land use regulations table is found in Table 5.01.

The new districts created in this Plan permit many of
the usesthat are permitted in the BTV and MUC districts defined in the LUCE. However, residential uses other
than live/work units is prohibited in the Conservation ‐ Creative Sector District in order to conserve its creativearts character. There are also further use restrictions in the overlay districts in order to promote active streets.

In the case of conflict between an underlying district
and an overlay district, the overlay district standards shall prevail. However, additional residential uses are not permitted on properties in an overlay district with underlying Conservation‐CCS District zoning.

Use classifications have been divided into residential
uses or non‐residential uses (see Table 5.02). For land use definitions, please refer to the Zoning Ordinance.

See also the table footnotes on page 138.

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Land Use Regulations and Development Standards
Table 5.02 Land Use Regulations

DISTRICTS OVERLAYS
Bergamot
Transit
Village (BTV)
MU-Creative
(MUC)
Conservation:
art Center
(CAC)
Conservation:

Creative Sector
(CCS)
Pedestrian
Priority
Corridor (PPC)
Retail Priority
(RP)
Residential Uses
Dwelling, Single‐Unit ‐ ‐ ‐ ‐ ‐ ‐Dwelling, Second UnitAccessory Dwelling Unit ‐P ‐P ‐P ‐P ‐P ‐PDwelling, Duplex ‐ ‐ ‐ ‐ ‐ ‐Elderly and Long‐Term Care P P CUP ‐ P ‐Emergency Shelters P P CUP ‐ ‐ ‐Existing Mobile Home Park ‐ P ‐ ‐ ‐ ‐Family Day Care, Small or Large P P CUP ‐ P PGroup Residential (includes congregate,senior group,supportive) P P CUP ‐ P L(1) Junior Accessory Dwelling Unit P P P P P PLive/work P P CUP P P L(1)Multiple‐Unit StructureDwelling(includessenior, transitional,supportive) P P CUPP ‐P P L(1)Residential Care Facilities P P CUP ‐ L(1) L(1)Single‐Room Occupancy Housing P P CUP ‐ P L(1) Non-residential Uses
Animal Care, Sales, and Services See subclassifications below.

Kennels ‐ ‐ ‐ ‐ ‐ ‐Grooming and Pet Stores P P P L(2) L(2) L(2)Pet Day Care Services MUP MUP ‐ MUP ‐ ‐Veterinary Services MUP MUP ‐ MUP ‐ ‐ Artist's Studio P P P P P PAutomobile/Vehicle Sales and Service ‐ ‐ ‐ ‐ ‐ ‐Banks and Financial Institutions See subclassifications below.

Banks and Credit Unions, < 5,000 sq. ft. P P ‐ P P PBanks and Credit Unions, > 5,000 sq. ft. CUP CUP ‐ CUP CUP CUPCheck Cashing Businesses ‐ ‐ ‐ ‐ ‐ ‐ Bicycle Rental and Share Stations P P P P P PBusiness Services P P P P L(2) L(2)College and Trade Schools, Public or Private CUP CUP CUP ‐ CUP ‐

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Land Use Regulations and Development Standards
Districts overlays
Bergamot
Transit Village
(BTV)
MU‐Creative
(MUC)
Conservation:
art Center
(CAC)
Conservation:

Creative Sector
(CCS)
Pedestrian
Priority
Corridor (PPC)
Retail Priority
(RP)
Commercial Entertainment and Recreation See subclassifications below.

Cinemas & Theaters, up to 99 seats P P P P P CUPCinemas & Theaters, more than 99 seats CUP ‐ ‐ ‐ ‐ ‐Convention and Conference Centers See subclassifications below.

Large‐scale, >= 25,000 sf CUP ‐ ‐ ‐ ‐ ‐Small‐scale, < 25,000 sf CUP CUP CUP ‐ CUP CUP Commercial Kitchens CUP CUP ‐ CUP/L(1) CUP/L(1) CUP/L(1)Commercial Recreational Facilities, Large‐scale CUP ‐ ‐ ‐ ‐ ‐Commercial Recreational Facilities, Small‐scale MUP MUP MUP MUP MUP/L(1) MUP/L(1)Communication Facilities See subclassifications below.

Antennas and Transmission Towers MUP MUP ‐ ‐ ‐ ‐Equipment/Facilities within Buildings CUP CUP ‐ ‐ ‐ ‐ Community Assembly CUP CUP CUP ‐ CUP CUPCommunity Gardens P P P P P MUPCultural Facilities P P P P P PDay Care Centers P P ‐ P L(1) L(1)Eating and Drinking Establishments See subclassifications below.

Bars/Nightclubs/Lounges CUP CUP MUP CUP CUP CUPRestaurants, Full or Limited Service, up to 50 seats (including accessory bar seats) P P P P P P Restaurants, Full or Limited Service, more
than 50 seats (including accessory bar seats) P P P CUP P P Restaurants, Drive‐Through Facilities ‐ ‐ ‐ ‐ ‐ ‐Restaurants, Accessory Live Entertainment P P P P P PRestaurants, Outdoor Eating Areas P P P P P P Equipment Rental MUP MUP ‐ MUP MUP ‐Flex Vehicle Spaces, accessory L(7) L(7) L(7) L(7) L(7) L(7)Food and Beverage Sales L(8) L(8) CUP/L(2) CUP/L(2) L(2) L(2)Funeral Parlors and Mortuaries ‐ ‐ ‐ ‐ ‐ ‐

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Districts overlays
Bergamot
Transit Village
(BTV)
MU‐Creative
(MUC)
Conservation:
art Center
(CAC)
Conservation:

Creative Sector
(CCS)
Pedestrian
Priority
Corridor (PPC)
Retail Priority
(RP)
Hospitals and Clinics, <= 5,000 sq. ft. MUP MUP ‐ MUP ‐ ‐Hospitals and Clinics, > 5,000 sq. ft. CUP CUP ‐ ‐ ‐ ‐Industry, General ‐ ‐ ‐ ‐ ‐ ‐Industry, Research and Development P P L(2) L(2) L(1) L(1)Industry, Limited P P L(2) L(2) P PInstructional Services P P L(5) L(5) L(1) L(1)Lodging See subclassifications below.

Bed and Breakfast ‐ ‐ ‐ ‐ ‐ ‐Hotels and Motels CUP CUP CUP ‐ CUP CUP Maintenance and Repair Services, <= 5,000 sq. ft. MUP MUP ‐ MUP ‐ ‐Maintenance and Repair Services, > 5,000 sq. ft. ‐ ‐ ‐ ‐ ‐ ‐Media Production See subclassifications below.

Movie or Recording Studio P P P P L(1) L(1)Support Facilities P P ‐ P L(6) L(6) Nurseries and Garden Centers P P ‐ ‐ MUP/L(4) MUP/L(4)Offices See subclassifications below.

Business and Professional, <= 5,000 sq. ft. P P ‐ ‐ L(1) L(1)Business and Professional, > 5,000 sq. ft. CUP CUP ‐ ‐ CUP/L(1) CUP/L(1)Creative P P P P P L(1)Medical and Dental CUP CUP ‐ CUP CUP CUPWalk‐In Clientele P P ‐ ‐ P P Park and Recreation Facilities, Public P P P P P PParking, Shared: New Standalone Public or Private P P P ‐ CUP CUPPersonal Services See subclassifications below.

General Personal Services P P ‐ P P PTattoo or Body Modification Parlor MUP MUP ‐ ‐ ‐ ‐ Public Safety Facilities P P L(3) P P PRecycling Facilities, <= 5,000 sq. ft. CUP CUP ‐ ‐ ‐ ‐

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Recycling Facilities, > 5,000 sq. ft. ‐ ‐ ‐ ‐ ‐ ‐
Districts overlays
Bergamot
Transit Village
(BTV)
MU‐Creative
(MUC)
Conservation:
art Center
(CAC)
Conservation:

Creative Sector
(CCS)
Pedestrian
Priority
Corridor (PPC)
Retail Priority
(RP)
Retail Sales, General See subclassifications below.

Art Galleries P P P P P P
Building Material Sales and Services ‐ ‐ ‐ ‐ ‐ ‐
Firearms and Ammunition Sales ‐ ‐ ‐ ‐ ‐ ‐
General Retail Sales, < 15,000 sq. ft. P P P P L(2) L(2)General Retail Sales, > 15,000 sq. ft. ‐ ‐ ‐ ‐ ‐ ‐ Pawn Shops ‐ ‐ ‐ ‐ ‐ ‐
Schools, Public or Private CUP CUP CUP ‐ CUP ‐
Social Service Centers P P ‐ ‐ MUP L(1)Swap Meet CUP CUP CUP ‐ ‐ ‐Vehicle Rental, Accessory to Primary Use P P P ‐ ‐ ‐Utilities See subclassifications below.

Utilities, Major ‐ ‐ ‐ ‐ ‐ ‐Utilities, Minor P P P P P P Warehousing, Storage and Distribution ‐ ‐ ‐ ‐ ‐ ‐
Footnotes:L(1) Not allowed on the ground floor for the first 40 feet of lot depth, except residential usesin the BTV/PPC Overlay District L(2) Limited to 4,000 sq. ft. or less.

L(3) Limited to 15,000 sq. ft. or less.

L(4) Nurseries and Gardens Centers permitted if all goods, except planted stock, are kept entirely within an enclosed building.

L(5) Limited to arts related uses only.

L(6) Not allowed on the ground floor for the first 40 feet of lot depth on Nebraska Avenue.

L(7) Flex vehicle spaces within areas otherwise used for parking and not as a stand‐alone use.

L(8) Limited to 4,000 sq. ft. orless. Notwithstanding, one (1) new food & beverage salesfacility may be permitted in the Plan area, in either the BTV or MUC District, that exceeds the 4,000 square foot limit and may be a maximum of 15,000 square feet.

B. DEVELOPMENT STANDARDS
Development Standards in Table 5.03 are specific
to the districts in the Bergamot Plan area. Certain
standards are flexible to allow for architecturalinnovation if approved by the authorized review entity (see B.11 for Flexible Development Standards).

B.1 Floor Area Ratio (FAR)
Maximum floor area ratios (FARs) for Tier I, Tier II and Tier III projects are established in Tables 5.03(A) &
(B). In the Bergamot Plan area, floor area ratio

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includes only building area at or above grade. In circumstances where publicly accessible roads and pathways are negotiated, FAR will be calculated on the gross area ofthe project site.

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B.1.01 Exemptions from FAR calculation. The following shall not be included in the FAR calculation. a. Below‐grade (subterranean) building area
b. Open roof decks or covered roof decksthat aremore than 75% unenclosed c. Outdoor dining areas adjacent to the public right of way B.1.02 Low Income/Workforce Housing Units. For Notwithstanding any bonus provided by the State Density Bonus Law, SMMC Chapter 9.22, Density Bonus, housing projects, Tier I, and Tier II projects in the BTV and MUC Districts, for all units in a project above and beyond those required by the AHPP, A a FAR bonus shall beprovided equivalent to 25%of the floor area constructed for affordable/ workforce housing, provided:
a. The units contain at least one bedroom (no studios)
b. At least 50% of the bonus residential unitsshall be deed‐restricted for affordability to a maximum of 80% area median income (AMI). The remainder shall be deed‐ restricted for anyaffordability level up to 120% of AMI.

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Table 5.03(A) Development Standards for Projects not Meeting the Definition of Housing Project Development
Standards
Bergamot
Transit Village
Conservation:

Art Center MU-Creative Conservation: Creative Sector
TIER Tier I Tier II Tier III Tier I Tier II Tier III Tier I Tier II Tier III Tier I Tier II Tier III

HEIGHT LIMIT
(SEE B.2)
Standard
(Variation)
32’
(39’) 60’ 75’ (86’) 32’ 60’ 75’ (86’) 32’ (36’) 47’ 57’ 32’ (36’) not allowed FAR
(SEE B.1) Parcel >=
100,000 sf 1.75 2.0 2.5 1.0 1.0 1.0 1.5 1.70 2.2 1.5 not allowed Parcel <
100,000 sf 1.75 2.0 2.5 1.0 1.5*** 2.5*** 1.5 1.70 2.2 1.5 not allowed

REQUIRED MIX

OF USES
(SEE B.4)
Parcels over
120,000 sf None None 50% Commercial/ 50% Residential None

BUILDING

MODULATION
OF TOP FLOORS:

PERCENTAGE

OF BUILDING

FOOTPRINT
(SEE B.5)
Max Height
(Top Floor) 100% 90% 50% None 100% 75% 75% None
Top Floor minus
1 Floor 100% 100% 90% None 100% 90% 90% None
MAXIMU
MFLOOR
PLATE
(SEE B.6)
35,000 sf 15,000 sf 25,000 sf 15,000 sf

MINIMUM

AMOUNT OF
OPEN SPACE (%

OF SITE AREA)
(SEE B.8)
Site >
80,000 sf 20% 20% 25% None**** 15% 15% 20% 15%*****
Site 40,000 sf
‐80,000 sf 15% 15% 20% 15% 12% 12% 15% 12%*****
Site <
40,000 sf 10% 10% 15% 10% 7% 7% 10% 7%*****

MINIMUM SIZE

OF PRIMARY
OPEN SPACE* 4,000 sf 4,000 sf 6,000 sf None**** 2,500 sf 4,000 sf 6,000 sf 2,500 sf *****

MINIMUM DEPTH
ANDMAxIMUMMAXI
MUM

WIDTH OF
NON‐OFFICE

COMMERCIAL
(SEE B.9)
Minimum
Depth 40 feet None 40 feet None
Frontage
Width
15’ minimum
60’ maximum None 15’ minimum 60’ maximum None
MAXxIMUM
SIZE OF NON‐
OFFICECOMMERCIAL**
(SEE B.9)
15,000 sf 15,000 sf 15,000 sf 7,500 sf

ACCESS AND
PARkKIN
G

STANDARDS
(SEE B.14)
See Section 5.B.14 See Section 5.B.14 See Section 5.B.14 See Section 5.B.14 * On small parcels, if the minimum required size of the Primary Open Space is larger than the minimum required open space percentage, no Primary Open Space needs to be provided. ** Any retail space ranging from 10,000 sf to 15,000 sf requires any additional retail adjacent to the retail space to be 5,000 sf or less in size. *** 0.5 FAR must be devoted to space for arts‐related and arts‐compatible uses. Artist live/work could be considered provided the primary space is used for work. **** Open Space on City‐owned property shall be determined through a Development Agreement. ***** No open space requirement for additionsto existing buildingsin the Conservation ‐ Creative Sector District.

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Table 5.03(B) Development Standards for Projects that Meet the Definition of Housing Project Development
Standards
Bergamot
Transit Village
Conservation:

Art Center
MU-Creative Conservation:

Creative Sector
HEIGHT
HousingProjects
84’ 55’
84’
(North of
Pennsylvania
Ave parcel
line or South
of Expo Bike
Path – 70’)
55’
100%AffordableHousingProjects 94’ 65’
94’
(North of
Pennsylvania
Ave parcel
line or South
of Expo Bike
Path – 80’)
65’
FAR(See B.1)
HousingProject

4.0 2.50

4.0 (North of
Pennsylvania
Ave parcel
line or South
of Expo Bike
Path – 3.25)

2.50 100% AffordableHousing Projects

4.5 3.0

4.5 (North of
Pennsylvania
Ave parcel
line or South
of Expo Bike
Path – 3.75)

3.0 BUILDING
MODULATION OFTOP FLOORS:PERCENTAGE OFBUILDINGFOOTPRINT (SEEB.5) Max Height
(Top Floor) 50% None 75% None
Top Floor minus
1 Floor 90% None 90% None
MAXIMUM FLOOR PLATE (SEE B.6)
35,000
sf
15,000
sf
25,000 sf 15,000 sf

MINIMUM
AMOUNT OF OPENSPACE (% OF SITEAREA)**
(SEE B.8)
Site >
80,000 sf 25% None 20% 15%*****
Site 40,000 sf
‐80,000 sf 20% 15% 15% 12%*****
Site <
40,000 sf 15% 10% 10% 7%*
MINIMUM SIZE OF PRIMARY OPEN SPACE*
6,000 sf None 6,000 sf 2,500 sf *

MINIMUM DEPTH
AND MAXIMUMWIDTH OF NON‐OFFICECOMMERCIAL
(SEE B.9)
Minimum
Depth 40 feet None 40 feet None
Frontage
Width
15’ minimum
60’ maximum None 15’ minimum 60’ maximum None
MAXIMUM SIZE OF NON‐OFFICECOMMERCIAL**(SEE B.9)
15,000 sf 15,000
sf
15,000 sf 7,500 sf

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ACCESS ANDPARKING STANDARDS(SEE B.14) See Section 5.B.14 See Section 5.B.14 See Section 5.B.14 See Section 5.B.14 * No open space requirement for additions to existing buildings in the Conservation ‐ Creative Sector District.** On small parcels, if the minimum required size of the Primary Open Space is larger than the minimum required open space percentage, no Primary Open Space needs to be provided.

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CARMELINA AVENUE

CENTINELA AVENUE

FRANKLIN STREET WARWICK AVENUE

BERKELEY STREET

STANFORD STREET

STEWART STREET

CLOVERFIELD BOULEVARD
Land Use Districts
The Bergamot Plan area is divided into four
districts that emphasize creative arts and
local employment opportunities, culturalenrichment, housing and supportive retail businesses. They differ in their physical
character, scale and urban form.

The Bergamot Transit Village and the
Mixed‐Use Creative District support a wide
range of uses and activities.

The two Conservation Districts are
delineated with specific uses, heights
and densities that conserve their existingbuildings and uses.

Figure 5.01
Land Use Districts
Districts
Bergamot Transit Village (BTV)
Pedestrian Priority Corridor (PPC)**
Retail Priority on Ground Floor (RP)**
*Overlays not to scale**Applies to first 40 feet of street frontage only

COLORADO AVENUE COLORADO AVENUE

PENNSYLVANIA AVENUE

PENNSYLVANIA AVENU
E

NEBRASKA AVENUE

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0 200 400 600 Feet
NOR
TH
B.2Height Limits
Maximum building heights are established for Tier I,
Tier II and Tier III projectsin the Plan area (see Fig. 5.03 for District Building Heights).

CARMELINA AVENUE
Tier I sets the Base Height, Tier II allows for additional height above the Base Height if substantial community
benefits are provided and Tier III allows for additional height above Tier II if additional substantial community benefits are provided.

In the Transit Village District and Conservation: Art
Center District, the maximum height permitted in Tier
I is 32 feet, with additional height up to 39 feet for
projects that include a housing component. For Tier II
projects, the maximum height is 60 feet. For Tier III
projects, a maximum building height of up to 75 feet is permitted, with additional height:
• to 81 feet allowed if there is a corresponding
percentage decrease in the FAR for the actual
building height that is above 75 feet, and
• up to 86 feet if the ground floor‐to‐floor height
is increased from 13.5 feet up to 18.5 feet.

STEWART STREET

FRANKLIN STREET

BERKELEY STREET

STANFORD STREET

CENTINELA AVENUE

STEWART STREET

WARWICK AVENUE
Figure 5.02
Building Heights and Floor Area Ratios

CLOVERFIELD BOULEVARD

COLORADO AVENUE COLORADO AVENUE

PENNSYLVANIA AVENUE

NEBRASKA AVENUE

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Not Permitted
Not Permitted
In the Mixed‐Use Creative District, the maximum
height permitted in Tier I is 32 feet, with additional
height up to 36 feet permitted for projects that build
affordable housing units per the City’s Affordable
Housing Production Program. For Tier II projects, the
maximum height is 47 feet. For Tier III projects, a
maximum building height of up to 57 feetis permitted.

In the Conservation: Creative Sector District, only Tier I projects are permitted, with a maximum height of 32
feet, with additional height up to 36 feet for projects that include a live/work component. In the Bergamot
Plan area, maximum permitted heights are measured
in feet. Otherstandards use storiesrather than a linear dimension to regulate height, including Standard B.3
Transitional Zones, B.5 Building Modulation of Top
Floors and B.10 Street‐Based Frontage Standards.

This is to provide flexibility to accommodate the
different floor‐to‐floor dimensions for residential or
commercial buildings.Additional height is permitted in all districts for 100% affordable housing projects as defined in SMMC Section9.52.020.0050 and housing projects as defined in SMMCSection 9.52.020.1125.

B.3 Transitional Zones
Where Bergamot Plan area properties face existing
residential properties outside the Plan area, the
following standard applies. Note that this condition
exists in only the following places: (1) facing acrossColorado Avenue, (2) facing across Exposition Boulevard and (3) facing alleys between Franklin and
Berkeley and between Berkeley and Stanford.

Street Frontage. Properties facing across ColoradoAvenue and Exposition Boulevard:
• Colorado Avenue and Exposition Boulevard are
defined as the Complete Street street type (see
Figure 5.10). For this street type, the build‐to line
is defined as 5 feet back from the property line.
• For the first three stories in height, 100% of the
building is permitted to be built to the build‐to
line. The height of three stories is assumed to be
no more than 36 feet.
• For the next story, a minimum of 75% of the
building shall be set back 10 feet or more from
the build‐to line. The height of four stories isassumedto be no more than 47 feet. • For the following story, a minimum of 75% of the
building shall be set back 20 feet or more from
the build‐to line. The height of five stories is
assumed to be no more than 57 feet.
• Properties in this district (Mixed‐Use Creative)
have a maximum height of 57 feet.

Rear Yard. Properties facing alleys between Franklin
Street and Berkeley Street and between Berkeley
Street and Stanford Street:
• Building walls facing alleys shall be set back a
minimum of 10 feet from property line.
• Properties in this district (Conservation: Creative
Sector) have a maximum height of 36 feet.

Figure 5.03
Transitional Zone ‐ Street Frontage
Figure 5.04Transitional Zone ‐ Rear Yard

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B.4 Mix of Uses
B.4.01 Ratio for Large Projects. For parcels of over
120,000 square feet in area, projects shallprovide a mix of commercial and residentialuses as shown in Table 5.03. The ratio isexpressed in floor area and can vary from theratio up to 10% in either direction for flexibility.The mix of uses can be achieved as verticalmixed‐use (on top of each other) or horizontalmixed‐use (in neighboring buildings) (seeFigure 5.05 for illustration).

B.4.02 Ground Floor Commercial. Residential
projects shall have a commercial componenton the ground floor along street types thatrequire active ground floors (see B.10 Street‐ Based Frontage Standards).

B.5B.4 Building Modulation of Top FloorsThe top two floors of new Tier II or Tier III projects,or housing projects buildings shall adhere to setstandards for maximum footprint.They are limited to a percentage of the largest floor plate in the building, which may or may not be the ground floor. One‐ and
two‐story buildings are exemptfrom these standards
(see Table 5.03 and refer to Figure 5.06 for
illustration).

B.6B.5 Maximum Building Floor PlateB.6.01 In order to create an attractive and pleasant environment that isrespectful of human scale,
floor plates of new buildings are limited to the
maximum square footage set in Table 5.03.

Figure 5.05
Mix of Uses
Figure 5.06Building Modulation of Top Floors
Tier 2 Tier 3 Tier 2 Tier 3
90% 50% 75% 75%
100% 90% 90% 75%
100% 100% 100% 100%
Figure 5.07Maximum Building Floor Plate
Vertical
Residential Park Modern Building ‐ Seattle, WA. Source: Build LLC SF floor plates(permitted)

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B.7B.6 Restrictions on Parcel AggregationB.7.01 In the Conservation: Creative Sector District only, existing parcels may not be aggregated
with other parcels to create larger parcels.

B.8 Open Space Standards
These standards require open space for all projects
except where exemptions are indicated. Larger open
space with additional amenities may be proposed as a
Community Benefit for Tier II and III projects.

Figure 5.08Open Space Configurations
Usable Open Space
Primary Open Space
Primary Open Space Usable Open Space
B.8.01 Minimum Area. All projects(except for existing
buildings in the Conservation ‐ Creative SectorDistrict) are required to provide a minimum amount of open space on‐site. The minimum
amount of open space depends on the District,
the size of the development site and the
Building Tier, as set forth in Table 5.03 (see
Figure 5.08 for illustration).

B.8.02 Required Dimensions: Primary Open Spaces 40’ Min. able Open Space
ared Street
vel Lanes
mary Open Space
Usable Open SpacePrimary Open Space
shall have a minimum average dimension of 40
feet in two opposing directions(see Figure 5.08
for examples of open space configurations).

B.8.03 Tier III Design Requirements: For Tier III
projects, each project is required to design
the open space required in B.8.01 as publicly
accessible and usable open space, and shall
include at least one Primary Open Space.

Primary Open Space is defined as a special
open space or plaza that is the most significant
in the overall identity of the project. Every
applicant shall identify the Primary Open
Space in submittal documents.

B.8.04 Accessibility and Visibility: All open space shall be directly accessible and visible from a public
right‐of‐way, shall be at ground level and open
to the sky, except as permitted in B.8.12.

B.8.05 Lighting: Illumination levels in open spaces
are required to maintain one horizontal foot
candle across all walkable and seating areas in
the open space, and along sidewalks adjacent
to the open space.

B.8.06 Amenities: Usable open space shall include
the provision of trees and human‐scaled
seating, landscaping, shading and lighting tothe satisfaction of the Architectural Review Board.

B.8.07 Mid‐block Pedestrian Connections: Mid‐block
pedestrian connections shall comply with the
following:
a. The minimum width shall be 16 feet. If the
connection serves as fire access, minimum
width shall be determined by the Building
Code.
b. At least one circulation path that is a minimum
of 8 feet in width, with amenities such as
seating, lighting and trees.

Min.

Us
Pr

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c. Mid‐block connections may count towards the
open space requirement provided they are
designed as usable open space and are designed
and maintained to exclude automobile traffic.

B.8.08 Connection with the Sidewalk: Where open
spaces front onto a street, they shall connect to
the sidewalk at grade level. Minor changes of
elevation of no more than 2 feet are permitted
within the first 15 feet back from the edge of
sidewalk. Changes of elevation of no more than
4 feet are permitted, provided that the elevated
area islocated at least 15 feet from the sidewalk.

Sunken plazas shall be no more than 18 inches
below the street level. All must meet federal
ADA guidelines.

B.8.09 Placement of Elements Along Sidewalk
Frontage: At least 50% of the linear sidewalk
frontage of a Primary Open Space is required to
be unobstructed by fixed elements, includingwalls or planters higher than 42 inches, fixed trash receptacles or elements that are
permitted elsewhere in the open space. This
zone of unobstructed open space shall extend
back from the property line a minimum of 15’.

Seating, including fixed seating, is permitted in
this zone.

B.8.10 Active Uses: In order to activate and enliven
open space areas, the following shall be
required. Active uses are defined in Section B.10
Street‐Based Frontage Standards.
a. No less than 50% of building frontages adjacent
to Primary Open Spaces shall be composed of
active uses, as measured in a linear directionalong the perimeter. b. Active uses, open spaces and entries shall be
oriented to the Primary Open Space.
c. Active uses are permitted to spill out into
Primary Open Space if they provide seatingand shading.

B.8.11 Open Space Furniture and Other Elements:

Open space furniture and other elements are
permitted to occupy up to a maximum of 40%
of the area of a plaza or open space. Allowable
features include such items fixed or movable
seating, plantings, lights, signage and trash
receptacles.

B.8.12 Awnings and other Coverings: Permanent
coverings associated with buildings, including
awnings and bridges, and/or freestanding
canopies, such as band shells, shall not cover
more than 25% of the square footage of
the open space, and shall have a minimumclearance of 8 feet. If overhanging a fire access lane, minimum clearance for coverings shall be
established by the Building Code.

B.8.13 Primary Open Space – Prohibited Elements:

The following shall not be permitted in or
directly adjacent to a Primary Open Space.
a. Mechanical Systems: Building mechanical
systems shall not be exhausted within or
at the perimeter of Primary Open Spaces.

Mechanical intakes on adjacent building wallsshall be installed at a minimum height of 15 feet above the open space grade.
b. Auto‐related Elements: Garage entrances,
driveways, parking spaces and loading docks.
c. Trash or othersolid waste storage facilities.

B.8.14 Plant Species Types and Irrigation: For planting, trees and irrigation, refer to the City of Santa
Monica’s Landscaping Standards. Also, seeChapter 7, Street Standards, for an approved list of tree species by street.

B.8.15 Residential Entries: Entries to individual
residential units are permitted in open spaces, if
they are recessed by at least 5 feet from public
or publicly‐accessible private walkways and
sidewalks.

B.8.16 Ground floor Windows: Glazing on the ground
floor shall be transparent and non‐reflective.

B.8.17 Fences, Walls and Hedges: Fences, walls
and hedges within Primary Open Spaces are
permitted with a maximum height of 42 inches.

B.8.18 Art Center Open Space: Existing and new
development on both the City‐owned parcel
and other parcels within the Conservation: Art
Center will share open space and contribute toits construction and maintenance as determined in a Development Agreement. Configuration,
size and other design parameters will also be
determined in the Development Agreement.

B.8.19 Off‐Site Alternative: With approval through a
discretionary process, 50% of the required open
space is allowed to be provided off‐site if it is
held in permanent trust as publicly accessible,
and if it is located in the Bergamot Plan area.

B.9 Minimum Depth of Retail Space
Where projects provide spacesfor retail establishmentsat the ground floor, these spaces shall comply with thestandards set forth in Table 5.03.

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STEWART STREET

CARMELINA AVENUEBERKELEY STREET

STANFORD STREET

CENTINELA AVENUEFRANKLIN STREET

STEWART STREET

WARWICK AVENUE
B.10 Street‐Based Frontage Standards
This section provides street‐based frontage standards
for each streettype included in the Plan. The standards ensure an integrated approach to the public realm
by relating the frontage type of new development
to the street type that the building faces. A certain
percentage of the external building wall is required
to meet the frontage line (build‐to line) to define the street wall. The standards for each street type are
designed to be compatible with the character, use
and width of the street. The standards in this section
govern new construction, remodels, additions andopen space on private land. Standards for design and construction of the street right‐of‐way in the
Bergamot Plan area can be found in Chapter 7, Street
Standards and Guidelines.

Street typesinclude Complete Streets, Flexible Streets, Shared‐Space Streets, Landscape Emphasis Streets,and Pedestrian/Bike‐Ped Paths (see Figure 5.09).

B.10.1 Integration of Project Features. Tier II
and III projects shall integrate on‐site
community benefits, such as culturaland community facilities, so that they are consistent with the intent of these
standards.

CLOVERFIELD BOULEVARD
Figure 5.09Street Frontage Types
Complete Street Landscape Emphasis StreetFlexible Street Pedestrian Path Shared‐Space Street Pedestrian Priority Corridor*

COLORADO AVENUE COLORADO AVENUE

PENNSYLVANIA AVENUE

NEBRASKA AVENUE

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B.10.2 Projects with more than one street frontage.

Where projects front on two or more streets,
the following hierarchy should be followed.

From the higher ranked to the lower ranked
(first to last) as listed below, both the main
and pedestrian entrances of buildings should
face 1) Pedestrian Priority Corridor, 2) Flexible
Street, 3) Landscape Emphasis Street, 4)
Traditional Complete Street, 5) Shared‐Space
Street, and 6) Pedestrian Path or Alley. Project
applicants should determine the primary
façade orientation for their project and
indicate it in their application. Main building
entries and Primary Open Spaces should be
oriented to the higherstreet in the hierarchy.

B.10.3 First Two Stories at Frontage Line. Because the
first two stories of a building define the quality
of the pedestrian experience, a minimum
percentage of the first two stories of all
building façades of a project must be located
at the build‐to line. Building recesses within
12 feet of the build‐to line are considered for
this purpose to be located at the build‐to line.

Any stories above the first two floors are not
required to adhere to the frontage line (see
Table 5.04). One‐story façade frontages qualify
if they have a height of 24 feet or greater, as
determined by the Director of Planning &Community Development or his/her designee.

Accessory buildings, such as kiosks are exempt
from this standard.

Definitions of Standards:

Active Ground Floor:

Active Ground Floor uses include retail, restaurant,services, residential (if individual unit entries are oriented along the frontage), lobby entries,offices (if fenestration is provided), workshops (if entries are oriented along the frontage), live/work
and community gathering spaces. The minimum
percentage established in Table 5.08 refers to the
amount of active uses that must occupy the first floor
of the building along the street frontage, as expressed in linear feet.

Build‐to Line:The build‐to line isset by each street type as a distance to the property line. The building’s front façade is to be built on the build‐to line. Building recesses of up
to 12 feet back from the build‐to line are permitted,
if they are occupied by landscaping or usable open
space.

Fenestration at Ground Floor:

Exterior walls of ground floor uses facing and within
125 feet of the street frontage line (build‐to line)
shall include windows, doors or other openings in
the building wall area located between 2.5 and 7
feet above ground level (see Table 5.04 for minimum
percentage of fenestration per street type).

Ground Floor Height:

The minimum Ground Floor Height is established in
Table 5.04, measured from the top of the ground floor
to the top of the next floor above.

Façade Height at Frontage Line:Minimumandmaximumfaçadeheightsareestablishedperstreet frontage type and district and are expressed by the number of stories (see Table 5.04, and Section
B.2 Height Limits in the Development Standards).

Building setbacks (B.5 Building Modulation of Top
Floors)shall be observed above this height. See Figure

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Table 5.04 Street Frontage Standards
STREET

FRONTAGE STANDARDS

FLEXIBLE
STREET COMPLETE STREET* SHARED SPACE STREET* LANDSCAPE EMPHASIS STREET* PEDESTRIAN PATH ACTIVE GROUND FLOOR MIN. % OF ACTIVE GROUND FLOOR 75% 50% 50% 25% 25% MIN. % OF FENESTRATION AT GROUND FLOOR 75% 50% 50% 50% 50% MIN. GROUND FLOOR‐ TO‐FLOOR HEIGHT 18’ 15’ 12’ 15’ NA
BUILDING MASS FAÇADE HEIGHT AT FRONTAGE LINE** Minimum = 2 Stories Max (BTV) = 5 Stories Max (MUC) = 3 Stories Minimum = 2 Stories Max (BTV) = 5 Stories Max (MUC) = 3 Stories Minimum = 1 Story Max (BTV) = 5 Stories Max (MUC) = 3 Stories Minimum = 2 Stories Max (BTV) = 5 Stories Max (MUC) = 4 Stories NA MIN. % OF FIRST 2 STORIES OF BUILDING AT FRONTAGE LINE 90% 70%*** 75% 75% 50% NA BUILD‐TO LINE Property
Line
Set Back 5’ from
Property Line
Property
Line
Set Back 10’ from
Property Line
NA
* On streets within the Pedestrian Priority Corridor, Street Frontage Standards are equivalent to Flexible Street Standards ** BTV = Bergamot Transit Village (5 Stories = Maximum 60’) MUC = Mixed‐Use Creative District (3 Stories = Maximum 36’) *** When usable and publicly accessible open space is provided along the street frontage on Nebraska Avenue

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Street Type Descriptions and
Additional Standards:

B.10.A Flexible Street
Intent: The Flexible Streettype is a pedestrian‐oriented activity street. In the Mixed‐Use Creative District, the Flexible Street type includes parcels facing NebraskaAvenue. In the Transit Village, the Flexible Street type includes a new extension of Nebraska Avenue. As
shown in Figure 5.9, the Flexible Street standards also apply to all new development facing the Pedestrian
Priority Corridor. These streets will have groundfloor frontages with the highest percentage of activeuses in the Bergamot Plan area. Retail activities are concentrated along this corridor, along with other
varied uses, including creative offices and live/workstudios. The Flexible Street type streets will have the most continuous street walls in the Bergamot Plan
area, punctuated by green open spaces enhanced byrestaurants and cafés.

Because this corridor belongs to both the Transit
Village and the Mixed‐Use Creative District, the
maximum height of the buildings varies (see Table

5.03 and see Figure 5.10 for illustration).

B.10.A.01 The build‐to line is defined as at the
property line.

B.10.A.02 The first and second floors of the building
shall be oriented parallel to the frontage
line. The upper floors are encouraged
but not required to follow the same
orientation.

Figure 5.10Flexible Street
B.10.A.03 Entries to individual residential units are
permitted if there is a recess of at least 5
feet from the sidewalk.

B.10.A.04 Up to 30% of frontage along the Flexible
Street may be publically accessible open
space. This open space should be the
project’s Primary Open Space. Also see
Open Space Standards in Section B.

B.10.A.05 Parking areas or garages are not permitted
to front on the street.

B.10.A.06 To reduce the number of curb‐cuts, no
entries to parking areas or garages shall
be located on the Pedestrian Priority
Corridor, unless no other right‐of‐way
access exists, as determined by the
Planning & Community Development
Director or his/her designee.

B.10.A.07 Garage entrances, driveways, parking
spaces, loading docks and solid waste
storage facilities are not permitted along
the Flexible Street type streets.

B.10.A.08 Glazing shall be transparent and non‐
reflective.

B.10.A.09 Walls and fences along the street frontage
shall have a maximum height of 42 inches.

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B.10.B Complete Street
Intent: While the Complete Street type in the
Bergamot Plan area applies to streets that are
focused on carrying vehicular traffic, these streets
will accommodate bicycle and pedestrian traffic as
well. Development along these streets should create
a pleasant pedestrian environment by means ofstreet
improvements, building entries, entry courts and
interesting frontages. Complete Street frontages are
not expected to have a significant amount of retail,
but should have mostly active uses and a continuous
street wall (see Figure 5.11 for illustration).

B.10.B.01 The build‐to line is defined as being set
back 5 feet from the property line to
provide more width for sidewalks and
landscaping.

B.10.B.02 The first two floors of the building shall
be oriented parallel to the frontage line.

The upper floors are encouraged but notrequired to follow the same orientation.

B.10.B.03 Main entrances should be oriented to the
street. Entries to individual residential
units are permitted if there is a recess of
at least 5 feet from the sidewalk.

B.10.B.04 Up to 25% of frontage along a Complete
Street may be publicly accessible openspace. Primary Open Space oriented to Complete Streets can be offset from
the street, but visible and direct access
should be provided. Also see Open Space
Standards in Section B.8.

B.10.B.05 Parking areas at or above grade shall be
screened from the frontage street by
active uses.

B.10.B.06 Entries to parking areas or garages are
permitted along Complete Street type
streets. Driveways shall be grouped
together to minimize curb cuts, and
limited such that there is no more than
one curb cut per 100 feet.

Figure 5.11Complete Street
B.10.B.07 Glazing shall be transparent and non‐
reflective.

B.10.B.08 The maximum height of walls and fences
along the street frontage is 42 inches,
and they shall be designed to add visual
interest to the pedestrian experience.

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B.10.C Shared‐Space Street
Intent: The Shared‐Space Street type in the Bergamot
Plan area applies to streets that allow pedestrians,
bicyclists and automobilesto share space (see Chapter
7, Section D Shared‐Space Street). The pace of the
Shared‐Space Street will be slow and leisurely. A mix
of uses that are as flexible as possible will provide an environment for multimodal and interpersonal mixing
and mingling: workers and residents, artists and
teachers. Development standards for Shared‐SpaceStreets are intended to support the innovative and more intimate character of thisstreet type (see Figure

5.12 for illustration).

B.10.C.01 The build‐to line is defined as at the
property line.

B.10.C.02 The firstfloor ofthe building is encouraged
but not required to be oriented parallel to
the frontage line.

B.10.C.03 Retail usesshould front on the street and/
or be located at the corners of buildings
(see Retail Standards in Section B.9).

B.10.C.04 Up to 25% of frontage along a Shared‐
Space Street may be publicly accessible
open space. This open space shall directly
connect to the street and complementthe streetscape. Active uses should frame these open spaces whenever possible.

Also see Open Space Standards in Section
B.8.

B.10.C.05 Parking areas or garages are not permitted
to front the street.

B.10.C.06 The number and size of entries to parking
areas or garages shall be minimized on
Shared‐Space Streets, and their design
should be integrated with the streetscape.

B.10.C.07 Loading docks and solid waste storage
facilities are not permitted along the
Shared‐Space Street.

B.10.C.08 Glazing shall be transparent and non‐
reflective.

B.10.C.09 Walls and fences along the street frontage
shall have a maximum height of 42 inches.

Figure 5.12Shared‐Space Street

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B.10.DLandscape Emphasis Street
Intent: The Landscape Emphasis Street type consists
of a section of Olympic Boulevard between Stewart
and Centinela, which will be a green boulevard.

Because the scale of Olympic Boulevard is large and
it is a primarily auto‐oriented street in this area, the buildings on thisfrontage should be balanced by more
generouslandscaping (see Figure 5.13 for illustration).

B.10.D.01 The build‐to line is defined as being set
back 10 feet from the property line to
allow for landscaping and sidewalks. For
buildings not parallel to the property line,
the minimum setback of 10 feet appliesto
the building corner closest to the property
line.

B.10.D.02 Along Olympic Boulevard, buildings are
not required to be oriented parallel to the
frontage line.

B.10.D.03 Where there are not active ground floor
uses, the setback shall be landscaped with
attractive, drought‐tolerant vegetation
and structures shall include a well‐ detailed building façade that responds to the pedestrian scale.

B.10.D.04 Major building entrances shall face the
street.

B.10.D.05 Retail uses shall front the street and be
located at building entries or building
corners. Also see Retail Standards in
Section B.9.

B.10.D.06 Entries to individual residential units are
permitted if there is a recess of at least 5
feet from public walkways or sidewalks.

B.10.D.07 Up to 50% of frontage along the Landscape
Emphasis Street may be dedicated toopen space. Primary Open Space for the Landscape Emphasis Street type can be
offset from the street, but visible and
direct access should be provided. Also see
Primary Open Space Standards in Section
B.8.

B.10.D.08 Parking areas or garages are not permitted
to front on the street.

B.10.D.09 No entries to parking areas or garages
shall be located on the Landscape
Emphasis Street, unless no other right‐of‐
way access exists.

B.10.D.10 Glazing on the ground floor shall be
transparent and non‐reflective.

B.10.D.11 The maximum height of walls and fences
along the street frontage is 42 inches,
and they shall be designed to add visual
interest to the pedestrian experience.

Figure 5.13Landscape Emphasis Street

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Figure 5.14Pedestrian Path
B.10.E Pedestrian Path/Bike‐Ped Path
Intent: The Pedestrian Path and Bike‐Ped Path
throughway type in the Bergamot Plan area applies to
a network of internal and through‐block connections.

It also applies to new development along the Expo
Regional Bike Path and along alleys. New development
along any Pedestrian Path/Bike‐Ped Path is required
to be arranged so as to make the path feel safe,
active and inviting. Pedestrian Path/Bike‐Ped Paths of
different developments should be interconnected to
form a network throughout the area (see Figure 5.14
for illustration).

B.10.E.01 For Tier III projects, all new development
shall provide a through‐block publicallyaccessible Pedestrian Path or Bike‐Ped Path as shown on the Bergamot StreetNetwork map. This can be combined with required fire access.

B.10.E.02 Active uses, open spaces and entries along
Pedestrian Path/Bike‐Ped Paths shall be
oriented to the Pedestrian Path/Bike‐PedPath.

B.10.E.03 Garage entrances, driveways, parking
spaces, loading docks and solid waste
storage facilities are not permitted along
Pedestrian Path/Bike‐Ped Paths.

B.10.E.04 Fences along Pedestrian Path/Bike‐Ped
Paths up to 42 inches are only permitted
if made of a sufficiently transparent
material for natural surveillance of the
path. For example, fences can be metal
pickets spaced apart. Chain link fencing is
discouraged. Operable gates (open to the
private side) must be provided.

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B.11 Flexible Development Standards
In unique circumstances, a proposed project may
support the life and activities of the sidewalk
and community even though it cannot meet the
Development Standards. Projects that cannot meet
the Development Standardsshould still be considered,
if the authorized review entity determines that a
flexible approach to design promotes design creativity, architectural innovation and the vital sidewalk life
and activity of both the site of the project and the
overall street setting. See table 5.05 for mandatory
and flexible design standards following this track.

When design flexibility is sought, the following
considerations must be established and stated as
findings by the appropriate review entity.
a. That meeting all development standards will
prevent physical innovation in mixed‐use
development and/or building design;
Table 5.05 Flexible Development Standards
b. That the proposed design reinforces and
enhances the establishment of mixed‐ use pedestrian‐oriented environment andsidewalk life in the Transit Village and Mixed‐ Use Creative Districts;
c. That the proposed design supports local uses,
including, but not limited to the provision
of housing, daily community needs and/or
services, and/or public open space and green
connections to adjoining neighborhoods;
d. That the proposed design integrates features
and amenities, including, but not limited to
wider sidewalks, landscaping and trees and/or
arts and cultural uses; and
e. That, where relevant, the proposed design
maintains solar access for existing, adjacent or
adjoining residential land uses.

B.12 Non‐Conforming Uses and Standards
The Zoning Ordinance of the City of Santa Monica
includes regulations governing modification and
expansion of non‐conforming buildings and uses.

Properties in the Bergamot Plan area are subject tothose regulations with the exception of the followingprovisions. These provisions are intended to support Bergamot Area Plan goals by allowing existing non‐
conforming buildings and uses to remain and adapt to
changing needs while retaining desired architectural
character.

B.12.01 Bergamot Transit Village/Mixed‐Use Creative
District
Pedestrian access: If a building is repurposed with a
conforming use but has an existing uninterrupted
façade of over 300 feet in length and previously
contained a use not permitted in this plan (non‐
conforming use), the building shall be modified to
provide a pedestrian throughway at the ground level,
with a minimum 12 feet in width and minimum height
clearance of 12 feet. The pedestrian throughway
entrance shall be located not less than 300 feet
from the nearest perpendicular street and shall be
visible from the sidewalk. All throughways shall be
perpendicular to the two longest building sides and
shall not be considered floor area for purposes of
calculating FAR. Landscaping that meets the intent
of the Design Guidelines shall be provided subject to
Architectural Review Board approval. The throughwayshall be well‐lit, remain visually unobstructed and shall be maintained per the approved landscape plan.

FLEXIBLE DEVELOPMENT STANDARDS MANDATORY FLEXIBLE
FLOOR AREA RATIO (FAR) •
HEIGHT LIMITS •
TRANSITIONAL HEIGHT ZONES •
MIX OF USES •
BUILDING HEIGHT MODULATION OF TOP FLOORS •
MAXIMUM BUILDING FLOOR PLATE •
OPEN SPACE STANDARDS •
RETAIL DESIGN STANDARDS •
STREET‐BASED FRONTAGE STANDARDS •

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B.12.02 Conservation: Creative Sector (CCS) and
Conservation: Art Center (CAC) Districts
a. Theaddition ofmezzanineswithin the envelope
of a building in existence as of January 1, 2013
shall not count as floor area for the purpose of
calculating FAR.
b. The State Historic Building Code may be
applied to buildings in existence as of January
1, 2013, with all determinations subject to
approval of the City’s Building Official.

B.13 Bergamot Area Plan Special SignageChapter 4.D, Art and Culture sets forth goals and policies for the Plan area that seek to build on the
area’s creative and historic assets; promote the area’s continued evolution “with a unique, creativity‐based
identity;” and attract “creative entrepreneurs that
contribute to the area’s economic health.” These
Special Signage standards addressthe Art and Culture
goals in this plan by allowing flexibility from the city‐ wide sign code for unique business identification
signage that achieves more interest and diversity, and
which contributesto the overall creative identity ofthearea as described and defined elsewhere in the Plan.

Signs that may exceed the Sign Code’s specifications,
which generally ensure reasonable and visible signs in
the city, are desirable and appropriate for the districts that comprise the Plan area, provided certain specific, objective standards are still met.

In general, sign permits in the Bergamot Plan area
shall be issued subject to the standards and process
set forth in the Municipal Code (SMMC 9.52 ‐ Sign
Code). However, the size and locational restrictions
of SMMC 9.52.140, sign type restrictions of SMC

9.52.150 and the area restrictions in SMMC 9.52.160
may be modified for Bergamot Area Plan Special
Signage, based on criteria that will be added to the
sign code.

B.13.01 Adopt Bergamot Area Plan Special Signage
provisions in Santa Monica sign code.

B.14.A Parking and Loading Standards and
Transportation Demand Management
This section includes standards applicable to all
projects within the Plan area for automobile and
bicycle parking, as well as participation in trip
reduction strategies. The automobile parking
standards begin with requirements for non‐residential
uses, followed by residential uses and then by
regulations that are generally applicable and not
based on land use. This is followed by bicycle parking
and loading standardsfor all uses. The last sub‐section institutes requirements related to establishment and
participation in Transportation Demand Management
(TDM) measures and the Transportation Management
Association (TMA).

B.14.A Automobile Parking Requirements
Parking requirements shall be set forth in Chapter

9.28, Parking, Loading, and Circulation, of the SantaMonica Municipal Code. Bergamot Plan‐specificautomobile parking minimums and maximums havebeen developed for commercialand residential uses,with the long‐term goal of developing an average parking supply rate of 2.0 spaces per 1,000 square feetat full build‐out. Where

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parking is referred to as “shared,” the intention isthat it is designed and operated in a way thatallows its use by those living or working on theproperty where the parking is provided, by thoseliving nearby or employed in other areabusinesses, and by visitors to the area who arenot there on a regular basis.The parking requirements are differentdepending on the implementation phase of theBergamot Plan. Three phases are assumed—thefirst at Plan adoption, the second at 2,500 netnew spaces, and finally when a minimum of 5,000net new spaces have been built— with parkingrates ratcheting down to ensure that the targetrate is achieved at build‐out. It is assumed thatparking demand will be higher in the early yearsof district development than in later years, basedon aggressive area‐wide implementation of TDMand achievement of vehicle trip reduction targetsthrough stronger transit, bicycle and pedestrianfacilities. Also, it is assumed that early projectswill provide moreparking to allow for sharing withadjacent uses. Over the long run, the totalcommercial parking ratio shouldnot be more than2.0 spaces per 1,000 square feet. In the short run,individual projects may be higher, up to4.0 spaces per 1,000 square feet. “Net NewSpaces” are defined as the total increasednumber of off‐street parking spaces built in thewhole Bergamot Plan area above the basenumberthat is documented in this Plan.Where reserved parking is necessary, parkingmay be reserved for residential tenants of abuilding or for off‐ site users at the property owner’s discretion. In shared parking spaces,signage designating specific users shall not beallowed.

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Commercial Parking Standards:

The definition of commercial uses in the BergamotPlan area includes all uses that are non‐residential.Grouping retail, office, creative businesses andsupporting services under the broad definition of acommercial use allows simplified parking standards,and facilitates the opportunity for district‐wide sharedparking among land uses of different sizes and peakand non‐peak hours of commuting.Commercial standards are summarized in Tables5.06 and 5.07. See also sub‐section B14.A.07 forparking requirements applicable to changes of use inan existing building and sub‐sections B.14.A.03 andB.14.A.04 for exemptions for minor additions and inthe Conservation districts.

Table 5.06 Tier 1 & Tier 2 Bergamot Plan Area Commercial Parking Reqirements per 1,000 Square Feet

REQUIRED MAXIMUM WITH VOLUNTARY SHARED PARKING
At Plan Adoption 2.0 4.0, of which no more than 2.0 may be reserved At 2,500 Net New Spaces 2.0 3.0, of which no more than 1.5 may be reservedAt 5,000 Net New Spaces 0.0 2.0, of which no more than 1.0 may be reserved Table 5.07 Tier 3 Bergamot Plan Area Commercial Parking Reqirements per 1,000 Square Feet B.14.A.01 Parking Requirements At Plan
Adoption
a. Tier 1 and Tier 2 projects: 2.0 parking spaces
per 1000 SF shall be required, which may bereserved or voluntarily shared with the public.More than 2.0 spaces/thousand square feetshall be permitted up to a maximum 4.0 spacesper 1,000 square feet per Table 5.05, providedthat the additional portion over 2.0 per 1000SF shall be shared with the public. b. Tier 3 projects: A minimum of 2.0 spaces per
1,000 square feet are required. Of the 2.0required spaces, a minimum of 1.0 space per1000 SF shall be shared and a maximum of 1.0space per 1000 SF may be reserved. No morethan 4.0 spaces per 1,000 square feet shall bebuilt, and a maximum of 2.0 spaces may bereserved. i. Notwithstanding the above, thenumber of existing parking spaces in a Tier3 project in excess of the required 2.0 per1000 SF, may be maintained for the useof on‐site tenants for the first five yearsfollowing initial occupancy, after which50% of those spaces shall also be sharedin the same manner as the other sharedspaces.

B.14.A.02 Parking Requirements At 5,000 Net New
Spaces: Once 5,000 net new spaces have beenconstructed, no minimum amount of parkingis required for Tier 1, Tier 2, or Tier 3 projects;however, the following shall be insteadrequired:
a. Prior to issuance of building permits, the
applicant shall join the Transportation
Management Association (TMA) and record adeed restriction agreeing to require all building tenants to become members of the TMA for
not less than 25 years;
b. Prior to issuance of building permits, the
applicant shall remit an additional payment to
the TMA for the operation and maintenance of
shared parking facilities and implementation of
vehicle trip reduction measures in an amount
to be determined by resolution of the CityCouncil in compliance with applicable law; and c. Required TMA membership shall be included
as a separate line item in all applicable leases.

REQUIRED MAXIMUM
At Plan Adoption

2.0, of which at least 1.0 must
be shared 4.0, of which no more than 2.0 may be reserved At 2,500 Net New Spaces

2.0, of which at least 1.0 must
be shared

3.0, of which no more than 1.5 may be reserved
At 5,000 Net New Spaces 0.0

2.0, of which no more than 1.0 and no more than
50% of any parking provided may be reserved

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B.14.A.03B.14.A.01 Exemption, Minor Additions:

Additions of up to 500 square feet of grossfloor area to existing buildings are exemptfrom the parking requirements, but may notreduce thenumber of parking spaces alreadyprovided on the property in completing theproject. This exemption may only be appliedonce to a property. Projects receiving thisexemption shall provide secure bicycle parkingasrequiredby Table 5.11.

B.14.A.04 Exemptions, Conservation Districts:

Notwithstanding the above, the followingexemptions from the parking requirementsshall apply for buildings in existence as ofJanuary 1, 2013 in:
a. The Conservation: Creative Sector (CCS)
District:
i. Additions up to 2,500 square feet,provided that the project does not removemore than 50% of the exterior walls andstructural supports and that the projectdoes not reduce the number of parkingspaces already provided on the property.ii. The addition of mezzanines asdefined in the Zoning Ordinance within theexisting building envelope. b. The Conservation: Art Center (CAC) District:

The addition of mezzanines within the existingbuilding envelope. c. Projects exempted from providing automobile
parking per (a) and (b) above shall providesecure bicycle parking as required by Table5.11. d.a. Prior to issuance of building permits for
projects utilizing the parking exemption in
a conservation district, the applicant shall
join the TMA and record a deed restriction
agreeing to require all building tenants to
become members of the TMA for not lessthan 25 years. Required TMA membership shall be included as a separate line item in all
applicable leases.

B.14.A.05B.14.A.02 Use of Tandem or Stacked
(including mechanically‐stacked) Spaces:

Tandem and/ or stacked parking shall be
permitted for non‐ residential uses with the
condition that valet parking, or automated
vehicle release for stacked parking, is
provided during all hours of operation.

Tandem spaces shall have a minimum size of8.5 feet by 34‐36 feet.

B.14.A.06B.14.A.03 Charging for Parking Required:
a. Cost to be Unbundled: All commercial parking
spaces shall be unbundled from the cost of aleased commercial space, and the cost of the parking space shall be included as a separate
line item in the commercial space lease.
b. Parking Pricing: All shared parking spaces
shall be priced at an hourly or daily rate per
B.14.A.15. If shared parking spaces are leased
on a monthly basis, the monthly rate shall notbe less than twenty (20) times the applicabledaily rate. The rate charged to local employees may vary from those of park‐and‐ride transit
users in order to prioritize TMA business
needs. A variable parking rate for off‐peak
hours may also be introduced.

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B.14.A.07 Parking for Changes of Use of Existing
Buildings: When the use of a building inexistence as of January 1, 2013, or portionthereof, is proposed to change to adifferent commercial use or residentialuse, the following shall apply:

B.14.A.08 For projects changing the use of up to
5,000 square feet of floor area: Theproject shall retain the existing number ofparking spaces, except as permitted in sub‐section B.14.A.18.

B.14.A.09 For projects changing the use of more
than 5,000 square feet of floor area:Parking shall beprovided at the greater of:a) retention of the existing number ofparking spaces, or b) the requirement forthe entire property per Tables B.14.A.10 5.06 and 5.07. Only in the case that
retained parking is in excess of theparking requirements of this plan mayparking spaces be converted for bicycleparking per sub‐section B.14.A.18.

B.14.A.11 Changes of use through multiple
applications within a five‐year periodshall be considered as one cumulativeproject for purposes of this section.

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Residential Parking Standards:

All residential uses are assumed to consist of multi‐ family units of various size and number of bedrooms.By having both a base parking requirement and amaximum, developers can build the right amountof parking to serve each development. Residentialstandards are summarized in Tables 5.08 and 5.09.See SMMC Chapter 9.22, State Density Bonus, for alternative parking ratios.

B.14.A.12 Parking Requirements at Plan
Adoption
a. Tier 1 and Tier 2 projects: For both residential
rental and for‐sale projects, a minimum of 1.5spaces per residential unit shall be provided,regardless of unit size or number of bedrooms,and 1.0 space per unit must be reserved. Nomore than 2.0 spaces per unit shall be built, of Table 5.08 Tier 1 & Tier 2 Bergamot Plan Area Residential Parking Reqirements per Unit

REQUIRED MAXIMUM WITH VOLUNTARY SHARED PARKING
At Plan Adoption

1.5, of which at least1.0 must be reserved 2.0, of which no more than 1.5 may be reserved At 5,000 Net New Spaces 1.0 1.5, of which no more than 1.0 may be reserved Table 5.09 Tier 3 Bergamot Plan Area Residential Parking Reqirements per Unit

REQUIRED MAXIMUM
At Plan Adoption

1.5, of which at least 1.0 must be
reserved and 0.5 must be shared

2.0, of which no more than 1.5 may be reserved
At 5,000 Net New Spaces 1.0, which must be shared 1.5, of which no more than 0.5 may be reserved which only 1.5 spaces may be reserved.
b. Tier 3 projects: For both residential rental and
for‐sale projects, a minimum of 1.5 spaces perunit shall be provided regardless of unit sizeor number of bedrooms. Of the 1.5 requiredspaces, a minimum of 0.5 spaces per unitshall be shared and a maximum of 1.0 spaceper unit shall be reserved. No more than 2.0spaces per unit shall be built, of which only 1.5spaces may be reserved.

B.14.A.13 Parking Requirements at 5,000 Net New
Spaces: Once 5,000 net new spaces havebeen constructed, Tier 1 and Tier 2housingprojects must provide a minimum of 1.0space per unit, which may be reserved orshared. Tier 3 projects must provide a minimum of 1.0 space per unit of sharedparking.

B.14.A.10 B.14.A.04 Tandem ParkingProhibited: Residentialtandem parking shall not be permitted.

B.14.A.11 B.14.A.05 Charging for Parking
Required:
a. Cost to be Unbundled: Payment for residential
parking spaces shall be unbundled from the cost
of rent or purchase, except in the case of for‐sale
units with 3 bedrooms or more, whichare allowed
to include 1 parking space in the base cost of the
unit.
b. Parking Pricing: All parking spaces shall be priced
at an hourly or daily rate per B.14.A.15.If parkingspaces are leased on a monthly basis,the monthly rate shall not be less than twenty
(20) times the applicable daily rate. The rate
charged to residents and TMA members may
vary from those of park‐and‐ride transit users in

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order to prioritize resident needs. A variable
parking rate for off‐peak hours may also be
introduced.
c. Parking for Deed‐Restricted Affordable
Units: For deed‐restricted affordable units,
the tenant may choose to either receive
one parking space, which shall be included
within the unit’s affordable rent level, or
receive a rent discount equivalent to half
the amount charged for monthly lease ofa parking space, in exchange for not receiving a parking space. Tenants of
affordable units shall not be permitted tosub‐ lease their parking spaces.

B.14.A.12 B.14.A.06
On‐street Parking Permits
Prohibited. All residential projects shall
record deedrestrictions stating that
residents shall not participate in
surrounding preferential parkingdistricts.

Thisrestriction shall be included in all
residential leases.

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Land Use Regulations and Development Standards
General Parking Standards:

B.14.A.13 Alternatives to Providing On‐site Parkingat 2,500 Net New Parking Spaces: As an alternative toproviding a project’s required parking on‐site,applicants may fulfill their minimum parkingrequirements by joining the TransportationManagement Association (TMA), recording a deedrestriction agreeing to require all building tenants tobecome members of the TMA for not less than 25years, and including a separate line item inall leasesrequiring TMA membership. In addition, applicants shallcomply with one of the following:
a. Shared Parking with lease: Submitting a shared
parking agreement with the owner(s) of one ormore parking facilities within 1,000 linear feet,agreeing to share parking that had previouslybeen reserved for the use of on‐site tenantsthat is demonstrated to be underutilized basedon a parking demand study. The agreementshould stipulate provisions regarding accessto, use of and management of the designatedspaces. In order to ensure that the applicantis adhering to the agreement, a monitoringand enforcement process will need to beestablished. b. Shared Parking without lease: Demonstrating
that with the completion of the proposedproject and that of other projects with buildingpermits issued and under construction within1,000 linear feet of the subject property, theaverage non‐residential parking ratio of allproperties within 1,000 linear feet will be at or above 2.0 spaces per 1,000 square feet; and
I. Prior to issuance of building permits, theapplicants shall also remit an additionalpayment to the TMA for the operationand maintenance of shared parkingfacilities and implementation of vehicletrip reduction measures that will serve theproject in an amount to be determined byresolution of the City Council in compliancewith applicable law. c. For changes of use in an existing building and
projects with
a gross floor area of 15,000
square feet or less: Prior to issuance of buildingpermits, payment of a per‐space in‐lieu feeto be used for vehicle trip demand‐reducingimprovements in the Bergamot Plan area asdetermined by resolution of the City Council inaccordance with applicable law. d. For Projects with
a gross floor area of 15,000
square feet or more: Prior to issuance ofbuilding permits, payment of a per‐space in‐ lieu fee for up to 50% of the total number ofspaces required to be used for improvementsin the Bergamot Plan area as determined byresolution of the City Council in accordancewith applicable law.

B.14.A.14 B.14.A.08
Carsharing Spaces: Once a carshare
provider is present in Santa Monica, thefollowing shall apply:
a. Tier I and II: one required parking space may be
used as a carsharing space for the first 50‐200
residential units plus one additional space for
every additional 200 units. For non‐residentialuses, one required parking space may be used as a carsharing space for every 50 required
parking spaces.
b. Tier III: Development agreements for Tier III
shallrequire carsharing spaces with a minimumof one space for every 200 residential units and one space for every 50 non‐residential spaces.

Carsharing spaces may be redesignated as
shared parking if there is no longer a carshare
provider present in Santa Monica.

B.14.A.15 B.14.A.09
Parking Pricing: In all Plan area parking lots
established after Plan adoption, a minimum
daily parking fee of not less than $8 shall be
charged, with the hourly rate not more than
1/8th the daily rate. Thisrate shall be
adjustedannually based on the CPI rate
utilized by the City. To achieve a balanced
parking system and optimal utilization
targets, the fee shallbe adjusted upward
from the minimum for high demand street
segments and facilities,as determined by the
Director of Planning
& Community
Development or his/her designee,to promote
turnover in the most frequently utilized
street segments and facilities.

B.14.A.16 B.14.A.10
Technology for Shared Parking: Pay station
technologies that accept credit cards, debit
cards and pay‐by‐phone shall be installed in
all shared parking facilities. Parking facilities
shall have auditable payment and utilization
technologies, including automated

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utilization counting and the ability to
distinguish betweendifferent parking
users, with utilization data

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Land Use Regulations and Development Standards
Table 5.10 06 Ridesharing and Zero‐EmissionVehicle Parking Requirements updated and transmitted in real time for use
by third parties. Parking facilities shall be
designed and constructed to accommodate
necessary current or future access controls.

B.14.A.17B.14.A.11 Designated Parking Spaces:

Developments that provide shared and/orcommercial parking shall provide designated parking for zero‐emission vehicles with EV
recharging capability and carpool/vanpool
vehicles, as shown in Table 5.10. These spaces
shall be included in the minimum requiredparking. EVrecharging may be fee based.

B.14.A.18B.14.A.12 Conversion of automobile
spaces to bicycle parking: For existingbuildings, required automobile parking spaces may be replaced with bicycle parking at a
minimum ratio of one automobile parking
space for every eight short‐term, five long‐
term or six combined short‐ and long‐term
bicycle parking spaces. No more than 10% of
the total number of automobile parking
spaces on the property may be replaced in
this manner. For buildings with fewer than 10
automobile parking spaces, one requiredautomobile parking spacemay be replaced in this manner if no other suitable location for
bicycle parking exists on the property asdetermined by the Director of Planning & Community Development or his/ her
designee.

B.14.A.19B.14.A.13 Driveway Location: Driveways
shall not be permitted if alley access is
available.

B.14.A.20B.14.A.14 Parking Access: A parking
access plan shall be submitted for the
approval of the Director of Planning &Community Development or his/her designee that demonstrates satisfaction of the
following:
a. Appropriate number and location of entries
and exits
b. Minimal conflict with pedestrian and bicycle
paths of travel
c. Adequate internal circulation
d. Access control designed to accommodate peak
demand without causing vehicle queuing inthe public right‐of‐way e. Signage for drivers and pedestrians
B.14.B Bicycle Parking Standards
Providing an adequate supply of bicycle parking at all
destinations is critical in the Plan area to encouragebicycle use and reduce auto travel for all types of trips.

Requirements in Table 5.11 are broken down into
short‐ and long‐term parking requirements. Short‐ term bicycle parking is designed for parking needs of less than three hours, while long‐term bicycle parking
is designed for parking needs over three hours.

B.14.B.01 Commercial Use Requirements: All new
buildings or structures, substantial remodels,additions and changes of use to an existing building shall provide bicycle facilities per
Table 5.11.

Total Number
of Shared and
Commercial
Parking Spaces
Provided
Number of
Required
Carpool/
Vanpool
Spaces
Number
of ZeroEmission Spaces
0—9 0 0
10—25 1 126—50 2 251—75 3 3
76—100 4 4
101—150 6 5151—200 8 8
201 and over
At least 4% of
total
At least 4% of
total

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B.14.B.02 Residential Requirements: All new buildings
or structures and substantial remodels with
five or more dwelling units shall provide
bicycle facilities per Table 5.11. Hotel guestrooms and work/live units shall also be subject to the residential requirements.

B.14.B.03 Mixed‐Use Requirements: In instances
where a building contains components of more
than one of the aforementioned categories,
the requirements shall be based on the sum of
the individual uses per Table 5.11.

B.14.B.04 Design Requirements:
a. Short‐term bicycle parking shall be provided
using bicycle racks that are securely anchored
to the ground and to which the bicycle frame
and at least one wheel can be securely locked
to the rack.

Table 5.11 07 Bike Parking Standards
b. Long‐term parking shall be fully enclosed to
protect bicycles from weather. Acceptableinstallations include, but are not limited to:
bicycle rooms, bike cages, attended roofed/
indoor bicycle facilities and bike lockers.

Unattended shared facilities shall include racks
designed per (a), above.

B.14.B.05 Location:
a. All required bicycle racks shall be located
as close as practicable to the entrance of
the facility served. Short‐term bicycle racksmust be located no more than 25 feet from a primary building entrance.
b. Not less than 10% of the required short term
bicycle parking or four spaces, whichever is
more, must be provided on site. In lieu of
providing the remainder of the short‐term
parking on site, the applicant may either:
i. Install the remaining required bike racks
in the public right‐of‐way with a location
and design subject to review and approval
by the City. A deed restriction shall be
recorded requiring the property owner to
maintain the off‐site bike racks for the life
of the project.
ii. Pay a fee per space to be established by
City Council resolution including the cost of
rack and installation. The City will install
racks in the most appropriate location and
configuration near the subject property per
the Street Standards (see Chapter 7).

B.14.B.06 Signage: Where bicycle parking is not
visible from the street, clear and visible
signage leading to the bicycle parking shall be
provided.

B.14.B.07 Lighting: All bicycle parking and facilities
shall be provided with lighting to provide high
visibility, subject to approval of Director of
Planning & Community Development or his/
her designee. Lighting shall be maintained in
operational conditions at all times.

BIKE PARKING

SHORT-TERM LONG-TERM

SHOWERS PERSONAL REQUIREMENT LOCKERS
(MINIMUM 4 SPACES

REQUIRED)

REQUIREMENT
(MINIMUM 4 SPACES

USE REQUIRED)
Restaurant 1 per 1000 sf 1 per 2000 sf
1 unisex per 40,000 sf
and 1 additional for
each 20,000
75% of total longer
term spaces provided
Retail ‐ Gen Food
and Grocery 1 per 1000 sf 1 per 3000 sf
1 unisex per 40,000 sf
and 1 additional for
each 20,000
75% of total longer
term spaces provided
Retail 1 per 1000 sf 1 per 3000 sf
1 unisex per 40,000 sf
and 1 additional for
each 20,000
75% of total longer
term spaces provided
Office 1 per 5000 sf 1 per 900 sf
1 unisex per 40,000 sf
and 1 additional for
each 20,000
75% of total longer
term spaces provided
Hotel 8 per room 0.25
1 unisex per 40,000 sf
and 1 additional for each
20,000
75% of total longer
term spaces provided
Multi‐family without
private garages 0.1 per bedroom 1 per bedroom

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Land Use Regulations and Development Standards
B.14.C Loading Standards:

Loading spaces are required to ensure adequate areasfor loading purposes for all on‐site uses so that commercial and passenger loading activities will be conductedwithout 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 passengertransportation services.

B.14.C.1 Applicability, General: The regulations in
this section shall apply to all projects with new
buildings, additions or changes of use, and shall
govern design of both required and non‐required
loading areas.

B.14.C.2 Applicability, Conservation: Creative Sector
(CCS): For additions or changes of use in existing
buildingsin the CCS District, existing loading areas
shall be maintained, but the project shall not be
required to meet the standards of this section.

B.14.C.3 Submittal of Loading Plan: As part of the
application for all applicable projects, a loading
plan shall be submitted for the approval of the
Director of Planning
& Community Development
or his/her designee. Projects utilizing existingloading in the CCS district per B.14.C.2 above shall also submit a loading plan. 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 from the space. The approved
loading plan shall be retained on‐site at all times
and shall be made available to all site tenants.

B.14.C.4 Loading space dimensions: Loading spaces
shall comply with the following standards, asrequired in this section. a. Standard A: If a Standard
A space is required,
the dimensions shall be at least 40 feet long,12 feet wide, and have a clearance of 14 feet. b. Standard B: If a Standard B space is required,
the dimensions shall be at least 65 feet long,15 feet wide, and have a clearance of 14 feet. c. Standard C: If a Standard
C space is required
for passenger loading, the dimensions 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.

B.14.C.5 Number of loading spacesrequired: Projects
shall provide loading spaces as follows:
a. Primarily Residential: Projects with residential
uses that contain less than 50,000 square feet
of non‐residential floor area shall provide
loading spaces based on the number of
dwelling units as follows:
i. Less than 100 dwelling units:

1. One Standard
A space is required;
however, if the use includes a market,
restaurant or other food sales and service
of more than 5,000 square feet, the
required loading space shall be Standard B.

2. One Standard
C space (passenger
loading) is encouraged. The space must
be accessible and located as close as
practicable to the building entrance or
passenger elevator without a key or access
card from the street.
ii. 100 or more dwelling units:

1. One Standard
A space is required;
however, if the use includes a market,
restaurant or other food sales and serviceof more than 5,000 square feet, the required loading space shall be Standard B.

2. One Standard
C spaces (passenger
loading) are required. The spaces mustbe accessible and located as close as practicable to the building entrance or
passenger elevator without a key or access
card from the street.
b. Primarily Commercial: Projects with residential
uses and more than 50,000 square feet of non‐
residential floor area shall provide loading
spaces as follows:
i. Two Standard
A spaces are required;
however, if the use includes a market,
restaurant or other food sales and service
of more than 5,000 square feet, one
of the two spaces shall be Standard B.
ii. One Standard
C spaces (passenger
loading) are required. The spaces must
be accessible without a key or access
card from the street and located as close
as practicable to the building entrance or
passenger elevator.
c. Commercial Only: Projects with no residential
uses shall provide loading spaces based onproject size as follows:
i. Less than 50,000 square feet of floor
area:1. One Standard
A is required;
however, if the use includes a market,

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restaurant or other food sales and serviceof more than 5,000 square feet, the required loading space shall be Standard B.
ii. 50,000 square feet or more of floor
area:1. One Standard
A space is required

2. One Standard B space is required
d. All Projects with more than 100,000 square feet
of Commercial Use: The Director of Planning
&
Community Development or his/her designee
may require additional loading spaces based
on the project’s needs and site feasibility.

B.14.C.6 Location of Loading Spaces: All loading
facilitiesshall be provided off‐street and within
the subject property. Loading areas shall be
located as follows:
a. Adjacent to building door openings providing
loading access.
b. Situated to ensure that the loading facility can
be screened from adjacent streets as much
as possible and minimizes interference with
pedestrian and bicycle paths of travel.
c. Situated to avoid adverse impacts upon
neighboring properties.
d. Accessible from an alley, of if no alley is
adjacent to the site, a minor roadway.

B.14.C.7 Design of Loading Spaces.
a. Screening. Loading areas adjacent to
residential uses or public streets or alleys
shall be screened and enclosed with a solid
masonry wall, at least 6 feet in height and of a
design approved by the Director of Planning
&
Community Development or his/her designee.
b. Identification. Loading areas shall be designed,
laid out, and clearly marked as being distinctfrom required parking spaces and aisles, unless the City approves the use of the parking
area as an undesignated overlay loading areaduring non‐business hours. c. Obstructions Prohibited. No walkway,
mechanical equipment, utility, waste
collection/disposal receptacle, or other
equipment or fixture may be placed in any
loading area.

Santa Monica City CouncilFebruary 28, 2023

Santa Monica City Council
February 28, 2023