Agenda packet, second session — Santa Monica City Council, March 21, 2023 (part 2 of 3)

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.

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Packet Pg. 318 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 75 TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE AND COMMERCIAL CORRIDOR

DISTRICTS
Use Classification MUBL MUB GC NC Additional Regulations 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 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
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
Food Hall (up to 175 seats) CUP CUP CUP CUP
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

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Packet Pg. 319 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 76 TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE AND COMMERCIAL CORRIDOR

DISTRICTS
Use Classification MUBL MUB GC NC Additional Regulations 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 MUP MUP MUP MUP Section 9.31.230, Personal Service
Retail Sales See sub-classifications below.

Building Materials Sales and Services – – CUP – Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Small-Scale L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, 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) Limited to the upper floors and areas not subject to the Active Use Requirement set forth 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. Reserved.
(2) 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; 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.

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Packet Pg. 320 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 77 TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE AND COMMERCIAL CORRIDOR

DISTRICTS
Use Classification MUBL MUB GC NC Additional Regulations (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 5,000 square feet per block along Main Street. A block is defined as both sides of Main Street and the adjacent sides of adjoining side streets. Portions of Main Street to be designated a “block” for the purpose of this Section are as follows:

Block 1: South City limits to Marine Street.

Block 2: Marine Street to Pier Avenue.

Block 3: Pier Avenue to Ashland Avenue.

Block 4: Ashland Avenue to Hill.

Block 5: Hill to Ocean Park Boulevard.

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

Block 7: Hollister Avenue to Strand.

Block 8: Strand to Pacific.

Block 9: Pacific to Bicknell.

Block 10: Bicknell to Bay.

Block 11: Bay to Pico Boulevard.
(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) 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 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) 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 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 set forth 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.

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Packet Pg. 321 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 78 9.11.030 Development Standards
Table 9.11.030.A, Development Standards for All Projects, Except Housing Projects, prescribes the development standards for all projects, except housing projects, as defined by Section 9.52.020.1125, in Mixed-Use and 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.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — MIXEDUSE AND COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln &
Pico
Blvds)
NC
NC
(Main
Street)
NC
(Ocean
Park Blvd
&
Montana
Ave)
Additional
Regulations
Parcel and Intensity Standards
Minimum Parcel Size (sq.
ft.) 7,500 7,500 7,500 7,500 5,000 5,000
See (E) 5,000
See (F),
Consolidation of
Parcels
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′

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Packet Pg. 322 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 79 TABLE 9.11.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — MIXEDUSE AND COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln &
Pico
Blvds)
NC
NC
(Main
Street)
NC
(Ocean
Park Blvd
&
Montana
Ave)
Additional
Regulations
Tier 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
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 the Maximum 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

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Packet Pg. 323 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 80 TABLE 9.11.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — MIXEDUSE AND 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
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
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 Housing Projects, prescribes the development standards for housing projects, as defined by Section 9.52.020.1125, in

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Packet Pg. 324 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 81 Mixed-Use and Commercial 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 HOUSING PROJECTS — MIXED- USE AND COMMERCIAL 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 5,000 See (F), Consolidation of Parcels 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
Housing
Projects 3.25

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

10.A.d
Packet Pg. 325 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 82 TABLE 9.11.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — MIXED- USE AND COMMERCIAL 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
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
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

10.A.d
Packet Pg. 326 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 83 TABLE 9.11.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — MIXED- USE AND COMMERCIAL 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
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. Active Use Requirement. Except as exempted in subsection A(3), below, the ground-floor street frontage of buildings on defined Commercial Boulevards, within LUCE-designated 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, subject to the following:
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.
b. Within LUCE-designated Activity Centers and Neighborhood Commercial Districts on Main Street and Montana Avenue, uses within these active use areas shall be limited to the following:
i. Cultural facilities;
ii. Food and beverage sales;
iii. Eating and drinking establishments;
iv. Grooming and pet stores;
v. Banks and credit unions;
vi. Business services;
vii. Commercial entertainment, recreation, and instructional services;

10.A.d
Packet Pg. 327 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 84 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 are prohibited within these active use areas:
i. 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.

2.1. Active Commercial Design. Where an active use is required for new buildings, the The ground-floor street frontage of new buildings on commercial boulevards shall be designed to accommodate commercial uses and activities, subject to the following:
a. A minimum average depth of 40 feet, but in no case less than 25 feet, for a minimum of 60% of the ground-floor frontage. b. Minimum Floor-to-Floor Heights.
i. 11 feet in all districts.
(1) Ground-Floor Street Frontages Along Commercial
Boulevards. The finished ground floor level along the commercial boulevard shall not exceed 18 inches lower or higher than the finished grade of the adjacent sidewalk.
(2) Sloped Ground-Floor Street Frontages Along Commercial Boulevards. On parcels with a grade change of 10% or more along the

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Packet Pg. 328 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 85 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) Corner Parcels. For corner parcels located at the intersection of 2 commercial boulevards, the requirements of subsection (A)(1) shall apply to the ground-floor street frontages along both commercial boulevards.
ii. Loft spaces built within this area shall not exceed 30% of the total floor area of the space consistent with the definition of mezzanine. a.c. Street Facing Facades. A minimum of 50% 70% of each street facing 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.

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Packet Pg. 329 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 86 FIGURE 9.11.030.A: STREET-FACING FAÇADES
bd. A minimum of one pedestrian entrance facing the Commercial Boulevard commercial street.

2. Active Use Requirement. The ground-floor street frontage of buildings on commercial boulevards shall accommodate commercial uses and activities, subject to the following:
a. A minimum average depth of 40 feet, but no less than 25 feet, for a minimum of 60% of the ground-floor frontage, to the maximum extent feasible. b. Within LUCE-designated Activity Centers, and Neighborhood Commercial Districts on Main Street and Montana Avenue, uses within these active use areas shall be limited to the following:
i. Cultural facilities;
ii. Food and beverage sales;
iii. Eating and drinking establishments;
iv. Grooming and pet stores;

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Packet Pg. 330 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 87 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, 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. 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.

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Packet Pg. 331 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 88 c. In other commercial districts, the following uses and use categories are prohibited within these active use areas:
i. Residential; and
ii. Offices, with the following exceptions:
(1) Creative offices or offices with walk-in clientele, and (2) Offices within a structure that was designed, approved, and continuously used with office at the ground level, facing the street.

3. 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 subsections (A)(1) (a) and (b) (A)(2).
b. All Other Housing Projects. Except as provided below, Housing Projects on Commercial Boulevards are exempt from the provisions of subsection (A).
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).

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Packet Pg. 332 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 89 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.
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.

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Packet Pg. 333 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 90 3. Residential uses at the ground floor street frontage shall incorporate planted areas, porches, front stairs, and/or other elements that contribute to a pedestrian environment. Pedestrian-oriented design elements may also include street furniture or other seating surfaces on private property and design amenities scaled to the pedestrian such as awnings, drinking fountains, paseos, arcades, colonnades, plazas, noncommercial community bulletin boards, public or private art, and alternative paving materials in areas of pedestrian access.

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

5. Alternatives to the requirements of this Section 9.11.030(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

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Packet Pg. 334 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 91 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 30 25 feet in height directly above the parcel line abutting any residentially-zoned parcel, or where there is an alley, the centerline of the alley, and from that point, extending in at a 45-degree angle from vertical toward the interior of the site.

The 30 25-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.

FIGURE 9.11.030.D: DAYLIGHT PLANE ADJACENT TO RESIDENTIAL DISTRICTS—MIXED-USE AND

COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS

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Packet Pg. 335 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 92 E. Parcels in the NC—Main Street District.

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

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

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

F. Consolidation of Parcels – NC Zoning District. Except for parcels identified on the 6th Cycle 2021-2029 Housing Element Suitable Sites Inventory, limits on the consolidation of parcels in the Neighborhood Commercial zoning districts shall apply to the following:

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Packet Pg. 336 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 93 1. Montana Avenue, Ocean Park Boulevard, and Pico Boulevard. 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.

2. Main Street. Parcels shall not be consolidated nor shall parcels be tied if such consolidation or parcel tie results in a parcel that exceeds the following:
a. For Housing Projects, 15,000 square feet in size.
b. For all other projects, 6,000 square feet in size.

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

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

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Packet Pg. 337 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 94 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.

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Packet Pg. 338 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 95 CHAPTER 9.13 EMPLOYMENT DISTRICTS

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 mixed-use employment 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

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Packet Pg. 339 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 96 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.

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Packet Pg. 340 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 97 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 the evolving needs of the healthcare community with expanded medical office uses and outpatient services along with retail and non-medical services.

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.

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

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Packet Pg. 341 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 98 and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance.

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

Single Unit Dwelling – – P
Accessory Dwelling Unit P– 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 Dwelling Structure 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.

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

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Packet Pg. 342 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 99 TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
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
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(15)L(6) CUP
Business Services P L (6) P
Commercial Entertainment and Recreation See sub-classifications below.

Cinemas – – –
Theaters L (7)/CUP – –
Convention and Conference Centers – CUP –
Small-Scale Facility L (8)/CUP MUP (6) CUP Section 9.31.340, Small-Scale Facility, Game Arcades
Large-Scale Facility L(16) L(16) -
Eating and Drinking Establishments See sub-classifications below.

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Packet Pg. 343 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 100
TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (2,500 SF and
smaller)
P 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)
P 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 (Greater than 5,000
SF)
P– PCUP (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
Food Hall (up to 175 seats) CUP CUP CUP
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 –
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– PL(6) P Section 9.31.230, Personal Service Personal Services, Physical Training P– PL (6) 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 PCUP (11) PMUP (6) P Section 9.31.220, Outdoor Retail Display and Sales

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Packet Pg. 344 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 101
TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
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

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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) (Reserved.) 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. (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.

9.13.030 Development Standards
Table 9.13.030.A, Development Standards for All Projects, Except Housing Projects, prescribes the development standards for all projects, except housing projects, as defined by Section 9.52.020.1125, in 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.

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TABLE 9.13.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS—EMPLOYMENT DISTRICTS
Standard IC OC* HMU Additional Regulations
Parcel and Intensity Standards
Minimum Parcel Size
(sq. ft.) 15,000 15,000 7,500
Minimum Parcel
Width (ft.) 100 100 50
Minimum Parcel
Depth (ft.) 150 150 100
Maximum FAR Section 9.04.080, Determining
FAR
Tier 1 — Base
Standard 1.0 1.5 1.5
Tier 2 — With
Provision of
Community
Benefits

1.75 1.75 2.5 Chapter 9.23, Community Benefits
100% Affordable
Housing Projects 2.25 NA 2.5 Limited to 50 or fewer units Building Form and Location
Maximum Building Height (stories/ft.) Section 9.04.050, Measuring Height
Tier 1 — Base
Standard 2/32′ 2/32′ 3/45′
Tier 2 — With
Provision of
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 the Maximum Ground Floor Height Street-Facing
Façades 5′ average 5′ average NA

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TABLE 9.13.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS—EMPLOYMENT DISTRICTS
Standard IC OC* HMU Additional Regulations
Daylight Plane
Adjacent to
Residential District—
Interior Side and
Rear Setbacks
See (D) (C) See (D) (C) See (D) (C)
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

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TABLE 9.13.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS—EMPLOYMENT DISTRICTS
Standard IC OC* HMU Additional Regulations
Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems Refuse and Recycling
Screening and
Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards * In those portions of the OC Districts adjacent to Ocean Park Boulevard, development of additional floor area for projects other than housing projects that requires discretionary approval shall only be permitted after completion of a specific plan.

Table 9.11.030.B, Development Standard for Housing Projects prescribes the development standards for housing projects, as defined by Section 9.52.020.1125, in 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.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — 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’

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TABLE 9.13.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — EMPLOYMENT

DISTRICTS
Standard IC OC HMU Additional Regulations
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)
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

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TABLE 9.13.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — EMPLOYMENT

DISTRICTS
Standard IC OC HMU Additional Regulations
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:

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

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

3. Theaters.

B. Use of Setbacks Adjacent to Residential Districts. The required setback area adjacent to a Residential District shall not be used for parking or loading facilities, storage, or other commercial or industrial purposes. A portion of the setback area, not to exceed

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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

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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.

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 30 25 feet in height directly above the parcel line abutting any residentially-zoned parcel, or where there is an alley, the centerline of the alley, and from that point, extending in at a 45-degree angle from vertical toward the interior of the site.

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The 30 25-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.

FIGURE 9.13.030.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 consist of be 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.

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

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CHAPTER 9.14 OCEANFRONT DISTRICT

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

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

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

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

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

Residential Care, General P Section 9.31.270, Residential Care Facilities
Residential Care, Limited P Section 9.31.270, Residential Care Facilities
Residential Care, Senior P Section 9.31.270, Residential Care Facilities
Supportive Housing P
Transitional Housing P 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

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TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Large-Scale Facility L(2)/CUP
Eating and Drinking Establishments See sub-classifications below.

Bars/Nightclubs/Lounges L(3)/CUP Section 9.31.040, Alcoholic Beverage Sales Restaurants, Full-Service including
Outdoor Dining and Seating P
Section 9.31.040, Alcoholic Beverage Sales
Section 9.31.280, Restaurants, Limited
Service and Take-Out Only
Section 9.31.290, Restaurants With
Entertainment
Section 9.31.200, Outdoor Dining and
Seating
Chapter 9.20, Beach Overlay District
Restaurants, Limited Service and 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 Hall (up to 175 seats) CUP
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.

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

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

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TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT Standard OF Additional Regulations
Tier 1—Base Standard
2/32′;
2/23′ (flat roof) or 2/30′ (pitched roof) for parcels
located along the Pacific Coast Highway between the
Santa Monica Pier and the north City limits
Tier 1—Projects Including
On-Site Affordable Housing
in Compliance with AHPP
3/36′ Chapter 9.64, Affordable
Housing Production Program
100% Affordable Housing
Projects No limit to number of stories/47′
Limited to 50 or fewer units;
Chapter 9.64, Affordable
Housing Production Program
Tier 2—With Provision of
Community Benefits 3/47′ Chapter 9.23, Community Benefits Tier 2—With Provision of
Community Benefits and
100% Residential Above the
Ground Floor
No limit to stories/47′ Chapter 9.23, Community
Benefits
Santa Monica Pier Maximum Building Height (stories/ft.) Section 9.04.050, Measuring Height
The Deauville site to the
north, Seaside Terrace to the
south, The Promenade to the
west, and Ocean Avenue to
the east, including parcels
fronting on Ocean Avenue
2/30′
Amusement Rides on the
Santa Monica Pier
85 ft. for one Ferris wheel; 55 ft. for one roller coaster; 45 ft. for all other amusement rides
Street-Facing Façades (ft.)
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 (A) (B)
Exterior Lighting See (C) (D)
Minimum Setbacks (ft., measured from parcel line)
Street Frontage
5 ft. from street fronting parcel line except for 20 ft. on Pacific Coast Highway between northern City limits and
Santa Monica Pier. See (B) (C)
Rear
15 ft. if adjacent to a residential use; 25 ft. for beach rear setback on parcels over 100 ft. in depth located
along the Pacific Coast Highway between the Santa
Monica Pier and the north City limits
Side
If adjacent to a residential use, see (D) (E); for parcels located along the Pacific Coast Highway between the
Santa Monica Pier and the north City limits, see (D) (E) Minimum Upper-Story Stepbacks (ft.)—Required Above Maximum Ground Floor Height

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TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT Standard OF Additional Regulations
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 (E) (F) Section 9.21.070, Height
Exceptions
View Corridors See (F) (G)
Standards for Residential Uses
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

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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. (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

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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.

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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 buildto line and building, provided that the buildings are built to the edge of the courtyard, plaza, or dining area; and

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

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.

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EF. Daylight Plane Adjacent to Residential Uses. Buildings shall not extend above a plane starting at 30 25 feet in height directly above the parcel line abutting any residentially-zoned parcel in residential use, or where there is an alley, the centerline of the alley, and from that point, extending in at a 45-degree angle from vertical toward the interior of the site. The 30 25-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.

FIGURE 9.14.030.FE: DAYLIGHT PLANE ADJACENT TO RESIDENTIAL USES—OCEANFRONT DISTRICTS

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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.

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CHAPTER 9.15 PUBLIC AND SEMI-PUBLIC DISTRICTS

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

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

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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 P L(1) - - Section 9.31.195, Multiple-Unit Dwelling Projects Single Room Occupancy Housing L(1) - - Section 9.31.330, Single Room Occupancy Housing
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 -
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) - -

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TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS Use Classification CC PL OS Additional Regulations
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 Hall, (up to 175 seats) CUP CUP CUP
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
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.

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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.

Neighborhood Conservation Overlay District
* To be amended as the City Council establishes Neighborhood Conservation Overlay Districts in accordance with Chapter 9.47.

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Chapter 9.19 MODERATE INCOME OVERLAY DISTRICT Neighborhood Conservation Overlay District
* To be amended as the City Council establishes Neighborhood Conservation Overlay Districts in accordance with Chapter 9.47.

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,

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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 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;

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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

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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.

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.

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Packet Pg. 374 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 1 DIVISION 3 GENERAL REGULATIONS
Chapter 9.21, General Site Regulations
Chapter 9.22, Density Bonus
Chapter 9.23, Community Benefits
Chapter 9.28, Parking, Loading, and Circulation
Chapter 9.31, Standards for Specific Uses and Activities

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Packet Pg. 375 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 2 CHAPTER 9.21 GENERAL SITE REGULATIONS
Section 9.21.020 Accessory Buildings and Structures
Accessory structures shall conform to the same property development standards as principal main buildings except as required by this Section. Accessory buildings in Residential Districts shall include, but not be limited to, greenhouse and garden structures, storage sheds, workshops, garages, and other buildings that are detached from the principal building. Accessory structures in Residential Districts shall include, but not be limited to, unenclosed carports, gazebos, cabanas, or other similar structures; air conditioners, compressors, electric vehicle charging equipment, pool and spa filters, or other mechanical equipment; barbecues; sinks and counters; fountains; freestanding fireplaces; firepits; above ground swimming pools and spas; and other structures with a fixed location that are detached from the principal building. Accessory structures greater than 14 feet in height are not permitted. Accessory structures shall be erected, structurally altered, converted, enlarged, moved, and maintained, in compliance with the following regulations:

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

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Packet Pg. 376 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 3 may only be used as a separate dwelling unit in compliance with the requirements of Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units.

C. Accessory Buildings 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.

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Packet Pg. 377 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 4 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

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Packet Pg. 378 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 5 feet, when the interior garage width does not exceed 20 feet and the height does not exceed 11 feet for a flat roof and 14 feet for a pitched roof.

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

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.

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Packet Pg. 379 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 6 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.

G6. 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.

H7. 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.

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Packet Pg. 380 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 7 I8. Renting. Except as may be permitted under Santa Monica Municipal Code 6.20, Home-Sharing and Vacation Rentals, no No accessory building shall be rented for any purpose or otherwise used as an accessory dwelling unit unless specifically pursuant to Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units.

Section 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).

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Packet Pg. 381 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 8 TABLE 9.21.060: ALLOWED PROJECTIONS ABOVE HEIGHT LIMITS AND DAYLIGHT PLANE 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.

Section 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

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Packet Pg. 382 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 9 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.

C. Standards and Requirements Minimum Dimensions.

1. Private Outdoor Living Area.
a. Private outdoor living area located on the ground level (e.g., yards, decks, patios, balconies) 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 at least 400 square feet with minimum dimensions of 20 feet in width and 15 feet in length be no less than 20 feet by 20 feet in dimension

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Packet Pg. 383 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 10 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.

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Packet Pg. 384 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 11 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
Section 9.21.110 Projections from Buildings into Minimum Setbacks and Daylight Plane
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.

A. Notwithstanding the standards set forth in Table 9.21.110, below, the following shall apply:

1. Projections shall not be permitted closer than 4 feet to any parcel line unless otherwise expressly authorized.

2. Projections 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.

3. In the Single-Unit Residential (R1) District, only expressly authorized projections into the minimum side stepback areas above 23 feet shall be permitted.

Table 9.21.110 sets forth the requirements for permitted projections from buildings into minimum setbacks. 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

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Packet Pg. 385 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 12 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. 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 AND

DAYLIGHT PLANE
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.

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

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Packet Pg. 386 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 13 TABLE 9.21.110: ALLOWED PROJECTIONS FROM BUILDINGS INTO MINIMUM SETBACKS AND

DAYLIGHT PLANE
Projections
Front
Setback
Street Side
Setback
Interior
Side
Setback
Rear
Setback
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

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Packet Pg. 387 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 14 CHAPTER 9.22 DENSITY BONUS AFFORDABLE HOUSING AND INCENTIVES

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.

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

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Packet Pg. 388 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 15 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health 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 openspace requirement, a minimum lot area per unit requirement, or a parking ratio that

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Packet Pg. 389 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 16 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.

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

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

LK. “Maximum allowable residential density” or “base density” means the maximum number of units density allowed under the Zoning Ordinance, Article IX of this Municipal Code (the “Zoning Ordinance”), specific plan, or and the Land Use and

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Packet Pg. 390 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 17 Circulation Element (LUCE), or, if a range of density is permitted, means the maximum number of units allowed by allowable density 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.

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

NM. “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

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Packet Pg. 391 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 18 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.

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

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

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Packet Pg. 392 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 19 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 or and 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:
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

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Packet Pg. 393 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 20 on age requirements for older persons pursuant to Section 798.76 or 799.5 of the Civil Code, including a shared housing building development meeting this criteria;. d. 10% of the total units of a housing common interest development are sold as restricted affordable units affordable to persons and families of moderate income, provided that all units in the development are offered to the public for purchase subject to the equity share and restrictions specified in Government Code Section 65915(c)(2);
e. 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 all units in the development, or shared housing building development, including total units and density bonus the total units, 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; or. h. 100% Affordable Housing Projects as defined in Section

9.52.020.0050.

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Packet Pg. 394 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 21 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 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:

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Packet Pg. 395 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 22 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 household persons in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database.

For unoccupied dwelling units described in subsection A in a development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy in the same proportion of affordability as the occupied units. If the income category of the last household persons in occupancy is not known, it shall be rebuttably

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Packet Pg. 396 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 23 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. If the replacement units will be rental dwelling units, the 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 low-income and very low income renter households occupied these units in the same proportion of low-income and very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to

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Packet Pg. 397 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 24 ,the next whole number. If the replacement units will be rental, the The replacement units shall be subject to a recorded affordability restriction for at least 55 years in accordance with subsection 9.22.050(D). If the proposed development is for-sale units, the units replaced shall be subject to Government Code Section 65915(c)(2).

3. Notwithstanding paragraphs (1) and (2), for any dwelling unit described in subsection 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, replacement units must 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). the City may require that replacement units either:
a. Be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units shall be replaced subject to Government Code Section 65915(c)(2); and. b. Be replaced in compliance with City Charter Article XIII, the City’s Rent Control Law, provided that each unit described in this subsection (3) is

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Packet Pg. 398 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 25 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.

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

B. Determining Density Bonus Percentage. 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:

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Packet Pg. 399 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 26 Percentage Low-Income Units Percentage Density Bonus 10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
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

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Packet Pg. 400 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 27 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
13 8

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Packet Pg. 401 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 28 Percentage Moderate-Income Units Percentage Density Bonus 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

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Packet Pg. 402 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 29 Percentage Moderate-Income Units Percentage Density Bonus 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 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.

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

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Packet Pg. 403 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 30 requirements, minimum percentage or square footage of any non-residential 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 any housing development subject to 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. 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 non-residential 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

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Packet Pg. 404 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 31 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.

DC. Calculating Density Bonus.

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

Density bonus = base density X percentage density bonus granted.

21. For 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 an 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.

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

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

5. For purposes of calculating a density bonus pursuant to subsection B, 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

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Packet Pg. 405 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 32 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.

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.

ED. 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 Chapter 9.64 Affordable Housing Production Program, of this Code and the Administrative Guidelines adopted thereto.

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

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Packet Pg. 406 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 33 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 Incentives or Concessions. Without following the procedures in Section 9.22.080, the Director shall approve requested incentives and concessions as follows A requested incentive or concession 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).;
c. Up to a 15% deviation from rear setback requirements. d. Up to one additional story and six feet of building height.

2. For housing developments in all non-residential zones: 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. 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.

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Packet Pg. 407 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 34 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 three 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 project applicant under Section 9.22.040 shall be entitled to the parking incentives set forth in Government Code Section 65915(p).

D. Nothing in this Section limits or requires the provision of direct financial incentives for a housing development, including the provision of publicly owned land by the City or the waiver of fees or dedication requirements.

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 reduction modification 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

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Packet Pg. 408 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 35 the housing development at the densities or with the concessions or incentives permitted by this Chapter.

B. Except as provided in subsection C, a A proposal for a the waiver or reduction of development standards pursuant to this Section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Section

9.22.060.

C. A housing development that: (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 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. 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 or, concession, waiver or reduction of a development standard, modification, or revised parking standard:

A. An application for a density bonus, incentive or, concession, waiver or reduction of a development standard, modification, or revised parking standard pursuant

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Packet Pg. 409 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 36 to this Chapter shall be submitted with the first application for approval of a housing development and processed concurrently with all other applications in accordance with applicable State law, including, but not limited to, the Permit Streamlining Act, 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 reductions modifications of development standards, or modified parking standards. For all incentives or and 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 documentation pro forma shall include all of the following items:
a. The identifiable and actual cost reduction achieved through the incentive or concession;

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Packet Pg. 410 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 37 b. Evidence that the cost reduction allows the applicant to provide affordable units or affordable sales prices; and
c. Other documentation information requested by the Director. The Director may require that any documentation pro forma include information regarding capital costs, equity investment, debt service, projected revenues, operating expenses, and such other information as is required to evaluate the documentation as deemed necessary by the Director pro forma.

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 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 or, incentive, or waiver, or reduction, modification nor the granting of a density bonus, shall be interpreted, in and of itself, to require a General Plan amendment, Zoning Ordinance, Variance, or other discretionary approval.

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Packet Pg. 411 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 38 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 reduction modification 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 waiver or reduction modification or waiver if the development standard will have the effect of physically precluding the construction of a housing development at the densities permitted under Section 9.22.050, or with the concessions or incentives permitted under Section 9.22.060. Notwithstanding the

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Packet Pg. 412 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 39 foregoing, the Director shall not be required to grant a waiver or reduction modification or waiver if:
a. The waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, 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.

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Packet Pg. 413 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 40 CHAPTER 9.23 COMMUNITY 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, density, 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.

9.23.020 Applicability
Except for 100% Affordable Housing Projects, the The requirements of this Chapter apply to all projects involving new development and additions for which applicants propose to exceed the maximum base floor area, height, or densities allowed for Tier 1 projects. The provisions of this Chapter establish the requirements under which additional floor area or

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Packet Pg. 414 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 41 density and height may be allowed up to the Tier 2 maximum standards established in the General Plan and this Ordinance.

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 that propose to include dwelling units 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 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 required by this Subsection 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 all other the provisions of Chapter 9.64, Affordable Housing Production Program. 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

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Packet Pg. 415 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 42 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 1015% of the units shall be three-bedroom units; ii. At least 1520% of the units shall be two-bedroom units; and 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.

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Packet Pg. 416 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 43 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.

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.

B. Affordable Housing Commercial Linkage Fee. All Tier 2 Projects proposing to include non-residential uses 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.

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

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Packet Pg. 417 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 44 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 spacerelated 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.

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Packet Pg. 418 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 45 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). 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.

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Packet Pg. 419 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 46 CHAPTER 9.28 PARKING, LOADING, AND CIRCULATION

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 Non-Residential 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 10 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, except that if the change of use is a restaurant, the calculation shall be based on the square footage of the dining area only, and shall exclude any square footage dedicated to backof-house operations and outdoor dining. 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.

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Packet Pg. 420 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 47 4. A change in occupancy is not considered a change in use unless the new occupant is a different use than the former occupant.

C. Additions, Alterations, and Enlargement of Use of Residential Uses in Existing Buildings. Addition, Enlargement of Use, and Change of Use of Existing Residential Buildings.

For any new residential use that is not a multiple-unit dwelling in an existing building or structure, if the new residential 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, Off-Street Parking, shall be provided for the new use.

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.

2. For any new residential or educational use of an existing residential building or structure 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.

D. 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.

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Packet Pg. 421 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 48 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.

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, except that:.
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. 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.

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

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Packet Pg. 422 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 49 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.

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

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Packet Pg. 423 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 50 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. Non-residential Uses. Unless otherwise specified, the floor areas used to calculate the number of off-street parking and loading spaces required for non-residential 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
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 two 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.

54. 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;

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Packet Pg. 424 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 51 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 Limits Requirements. 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 limits 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, the The 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:

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Packet Pg. 425 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 52 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
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.

10.A.d
Packet Pg. 426 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 53 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.

9.28.050 Reserved Parking Requirements by Zoning District 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

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.

10.A.d
Packet Pg. 427 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 54 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
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
Projects Outside of One-Half
Mile of a Major Transit Stop
(minimum parking required)
Citywide (Excluding Parking
Overlay Area 1, Downtown
Community Plan Area, and
Bergamot Area Plan Area)
Projects Within One-Half Mile of
a Major Transit Stop (minimum
parking required)
Parking Overlay Area 1
Downtown Community Plan
Area (maximum parking
allowed)
Residential Uses
Single-Unit Dwelling 2 spaces per dwelling unit N/A 2 spaces per dwelling unit, which may be tandem 2 spaces per dwelling unit
Accessory Dwelling
Unit
N/A1 space per dwelling unit N/A 1 space per dwelling unit N/A Junior Accessory
Dwelling Unit N/A N/A N/A

10.A.d
Packet Pg. 428 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 55 TABLE 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Projects Outside of One-Half
Mile of a Major Transit Stop
(minimum parking required)
Citywide (Excluding Parking
Overlay Area 1, Downtown
Community Plan Area, and
Bergamot Area Plan Area)
Projects Within One-Half Mile of
a Major Transit Stop (minimum
parking required)
Parking Overlay Area 1
Downtown Community Plan
Area (maximum parking
allowed)
Duplex, MultipleUnit Dwelling

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
N/A 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
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
N/A 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
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/A1 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 LongTerm Care0.5 space per bed plus one visitor space per 5 beds N/A 0.2 space per bed 0.2 space per bed Family Day Care
Large None required other than what is
required for the existing residence
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
N/A If more than 6 residents = 1
space per 5 beds
If more than 6 residents = 1 space
per 5 beds

10.A.d
Packet Pg. 429 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 56 TABLE 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Projects Outside of One-Half
Mile of a Major Transit Stop
(minimum parking required)
Citywide (Excluding Parking
Overlay Area 1, Downtown
Community Plan Area, and
Bergamot Area Plan Area)
Projects Within One-Half Mile of
a Major Transit Stop (minimum
parking required)
Parking Overlay Area 1
Downtown Community Plan
Area (maximum parking
allowed)
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
Elementary and Middle Schools:

N/A 1.75 spaces per classroom
Elementary and Middle Schools:

1.75 spaces per classroom
High Schools:
5 spaces per classroom
High Schools:

N/A 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 1 space per 300 sq. ft. for offices N/A 1 space per 300 sq. ft. for 1 space per 300 sq. ft. for offices

10.A.d
Packet Pg. 430 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 57 TABLE 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Projects Outside of One-Half
Mile of a Major Transit Stop
(minimum parking required)
Citywide (Excluding Parking
Overlay Area 1, Downtown
Community Plan Area, and
Bergamot Area Plan Area)
Projects Within One-Half Mile of
a Major Transit Stop (minimum
parking required)
Parking Overlay Area 1
Downtown Community Plan
Area (maximum parking
allowed)
Sales and Leasing plus offices plus 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 1,000 sq. ft. of net
new display area and requirements
for automobile repair where
applicable
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 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 None N/A None None

10.A.d
Packet Pg. 431 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 58 TABLE 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Projects Outside of One-Half
Mile of a Major Transit Stop
(minimum parking required)
Citywide (Excluding Parking
Overlay Area 1, Downtown
Community Plan Area, and
Bergamot Area Plan Area)
Projects Within One-Half Mile of
a Major Transit Stop (minimum
parking required)
Parking Overlay Area 1
Downtown Community Plan
Area (maximum parking
allowed)
than 200 sq. ft.

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.

Food Hall 1 space per 300 sq. ft. N/A 1 space per 500 sq. ft.

Outdoor eating areas 500 sq. ft.
and more = same as required for
restaurant type.
1 space per 500 sq. ft.

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/A1 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
space

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

0.5 space per guest room plus 1
space for each 250 sq. ft. used for
meetings and banquets.

Other uses such as bars,
restaurants, retail and services
which are open to the general
public shall provide parking as
required for the use at a rate 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
N/A 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.
1 space per 300 sq. ft. N/A 1 space per 450 sq. ft. 1 space per 500 sq. ft.

10.A.d
Packet Pg. 432 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 59 TABLE 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Projects Outside of One-Half
Mile of a Major Transit Stop
(minimum parking required)
Citywide (Excluding Parking
Overlay Area 1, Downtown
Community Plan Area, and
Bergamot Area Plan Area)
Projects Within One-Half Mile of
a Major Transit Stop (minimum
parking required)
Parking Overlay Area 1
Downtown Community Plan
Area (maximum parking
allowed)
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 1 space per 1,000 sq. ft. of
outdoor display and storage area
N/A
Interior spaces, see Retail Sales,
plus 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.

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

10.A.d
Packet Pg. 433 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 60 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:
(1)i. 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.

10.A.d
Packet Pg. 434 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 61 (2)ii. 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.

10.A.d
Packet Pg. 435 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 62 (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:

10.A.d
Packet Pg. 436 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 63 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;
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:

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Packet Pg. 437 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 64 (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.

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Packet Pg. 438 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 65 2. Side and Rear Setback.
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.

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

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Packet Pg. 439 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 66 required and non-required loading areas, except as provided in 9.28.080(C), Parking and Loading Operations Plan.

C. Parking and Loading Operations Plan.

1. Except as provided in paragraph 2, below, no building permit shall be issued for a change of use of up to 5,000 square feet unless the Director has reviewed and approved a parking and loading operations plan for the proposed project. The Director may, in accordance with the requirements of this Section 9.28.080, approve a parking and loading operations plan that results in a waiver or reduction in the number and/or dimensions of loading areas and spaces otherwise required under this Section 9.28.080.

2. Notwithstanding the provisions of paragraph 1, above, no building permit shall be issued for a new building, addition, enlargement of use, or change in use within the Downtown Community Plan Area, excluding the Ocean Transition (OT) District, which shall be subject to the provisions of paragraph, 1, above, unless the Director has reviewed and approved a parking and loading operations plan for the proposed project. The Director may, in accordance with the requirements of this Section 9.28.080, approve a parking and loading operations plan that results in a waiver or reduction in the number and/or dimensions of loading areas and spaces otherwise required under this Section

9.28.080.

3. Review Procedure. The parking and loading operations plan shall include information as deemed appropriate by the Director for approval, including, but not limited to, plans, prior uses, easements, and other items necessary or relevant to describe existing conditions and the proposed project. The Director may approve a parking and loading operations plan upon a determination that the plan is not in conflict with other

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Packet Pg. 440 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 67 project operations and impacts to the public right-of-way, which may include, but not be limited to, impacts to resource, recovery and recycling operations, noise impacts, and public safety concerns. When determining whether to grant a waiver of a loading requirement, the Director shall consider existing site conditions, including the location of existing improvements, and whether the abutting rights-of way can accommodate loading without disruption to traffic circulation, public health and safety services (e.g. police, fire, etc.), and public infrastructure and utilities. No waiver shall be granted for a semi-tractor trailer loading space.

D. 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.

E. 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

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Packet Pg. 441 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 68 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.

F. 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.

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.E.3.
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.

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Packet Pg. 442 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 69 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.F.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.

G. 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.

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Packet Pg. 443 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 70 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.

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.

H. 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.

I. 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

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Packet Pg. 444 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 71 and maneuvering space of the same type and meeting the same criteria required for onsite 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 truck-maneuvering areas will not interfere with vehicle and pedestrian circulation.

J. 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.

K. 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.

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.

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Packet Pg. 445 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 72 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 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 rightof-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.

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Packet Pg. 446 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 73 d. Commercial properties may have non-residential 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. Non-residential projects are encouraged to provide shared vehicle and pedestrian access to adjacent non-residential 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.

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Packet Pg. 447 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 74 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.
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.

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Packet Pg. 448 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 75 c. Ramps for commercial properties must be 20 feet wide minimum to accommodate two-way 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.

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Packet Pg. 449 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 76 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 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. Multi-unit 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:

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Packet Pg. 450 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 77 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.

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Packet Pg. 451 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 78 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 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

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Packet Pg. 452 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 79 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 lowgrowing 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.

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Packet Pg. 453 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 80 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.

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 a ramp from the public right-of-way, driveway or ground floor pedestrian entrance. A maximum of 40 percent of parking spaces may be compact.

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

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Packet Pg. 454 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 81 A. 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).

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.

B. City-Designated Historic Resources. For any principal or conditional use located in a City-Designated 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 City-Designated Historic

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Packet Pg. 455 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 82 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 City-Designated 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 CityDesignated 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.

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 non-residential 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

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Packet Pg. 456 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 83 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.

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Packet Pg. 457 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 84 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 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

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Packet Pg. 458 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 85 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

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Packet Pg. 459 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 86 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.

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

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Packet Pg. 460 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 87 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.

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Packet Pg. 461 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 88 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 three 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.

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Packet Pg. 462 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 89 CHAPTER 9.31 STANDARDS FOR SPECIFIC USES AND ACTIVITIES Section 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

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Packet Pg. 463 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 90 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

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Packet Pg. 464 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 91 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 approved complete if not acted on within 60 days from the date that the application is complete, except that the applicant may request a delay and the 60-day time period shall be tolled for the period of the delay.

F. Establishment of ADUs and JADUs. An ADU or JADU that meets the requirements of this Section may be established on any legal parcel that is zoned to allow for single-unit or multiple-unit dwelling residential use and on which a primary single-unit dwelling or multiple-unit dwelling has been previously established or is proposed to be established in conjunction with construction of the ADU or JADU. Except as set forth in subsection (G) below, no more than one ADU and one JADU is permitted per parcel.

G. Permitted ADUs and JADUs. Subject to the requirements set forth in this Section, the following ADUs and JADUs shall be permitted as follows:

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:

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Packet Pg. 465 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 92 i. An attached ADU may be newly constructed as an addition to an existing single-unit dwelling;
ii. An attached ADU may be established within the footprint of a proposed single-unit dwelling; or
iii. An attached ADU may be established by converting floor area of an existing single-unit dwelling 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 singleunit 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.

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Packet Pg. 466 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 93 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 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.

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Packet Pg. 467 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 94 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.

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Packet Pg. 468 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 95 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 single-unit dwelling that is located in the front setback may only expand the footprint of the single-unit dwelling up to 150 square feet into the front setback to accommodate ingress and egress. An ADU that is established by converting floor area of an existing single-unit dwelling that is not located within the front setback may expand the footprint beyond 150 square feet up to the total size permitted under subsection J below.
b. Detached ADU.
i. An ADU may be established by converting floor area within a legal existing accessory structure or by reconstructing the ADU in the same location and to the same dimensions as the original structure.
ii. Notwithstanding the size limitation in subsection (J), an An 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

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Packet Pg. 469 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 96 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), an An ADU that is established by converting floor area of a legal existing accessory structures located in the front setback may only expand the footprint up to 150 square feet into the front setback to accommodate ingress and egress. c. JADU. 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 may only expand the footprint up to 150 square feet to accommodate ingress and egress, but in no case shall such expansion result in a JADU that exceeds 500 square feet.

2. Parcel with Multiple-Unit Dwelling—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

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Packet Pg. 470 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 97 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:
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, the total floor area of the ADU shall not exceed 50% of the existing primary dwelling, or the maximum size limits in subsections (2) and (3), whichever is greater. 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.

The floor area of an attached ADU shall not exceed 50% of the floor area of the primary dwelling.

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Packet Pg. 471 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 98 5. The maximum size of a JADU is 500 square feet of floor area.

K. ADUs and JADUs Exempt from Floor Area and Parcel Coverage.

1. Floor Area. 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. Parcel Coverage. Areas covered by or directly below
a. 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.
b. Areas directly below a fully-enclosed second-story cantilever of an ADU or JADU that are open on at least two sides 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:

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Packet Pg. 472 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 99 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 singlefamily 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.

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

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Packet Pg. 473 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 100
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 firststory 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 rightof-way or alley;

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Packet Pg. 474 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 101
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. One on-site parking space, which may be unenclosed, shall be provided for an ADU. This space If parking is provided, it shall comply with all development standards set forth in Chapter 9.28, Parking, Loading, and Circulation, and the requirements for the district in

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Packet Pg. 475 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 102
which the ADU or JADU is located. A tandem parking space may also be used to meet the parking requirement for the accessory dwelling unit and may be provided on an existing driveway. Parking shall not be required for a JADU.

2. Exemptions. Notwithstanding any other parking required by this Section or Chapter 9.28 of this Article, no parking space shall be required for an ADU in any of the following circumstances:
a. The ADU is located within one-half mile walking distance of public transit, as defined by Government Code Section 65852.2(j)(10); b. The ADU is an individually designated historic resource or is located within an architecturally and historically significant historic district; c. The ADU is part of the existing or a proposed primary residence or an existing accessory structure;
d. An on-street parking permit is required but not offered to the occupant of the ADU; or
e. A car share vehicle is located within one block of the ADU.

23. No Replacement. When parking areas including, but not limited to, a garages, carports, uncovered parking spaces, or covered parking structures, are is demolished in conjunction with the construction of an ADU or JADU or converted to an ADU or JADU, the eliminated off-street parking spaces are not required to be replaced.

R. Owner-Occupancy Requirement.

1. An ADU is not subject to an owner-occupancy requirement.

2. A JADU is subject to an owner-occupancy requirement, except that a JADU that is owned by a governmental agency, land trust, or housing organization is not subject

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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, no No ADU or JADU may be sold or otherwise conveyed separately from the parcel and the primary dwelling (in the case of a single-unit dwelling) or from the parcel and all of the dwellings (in the case of a multiple-unit dwelling).

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 that:

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1. The JADU may not be sold separately from the primary dwelling associated with the ADU or JADU.

2. The JADU is restricted to the approved size and to other attributes allowed by this section.

3. The deed restriction runs with the land and may be enforced against future property owners.

4. The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, 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.

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

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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;

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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.

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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.

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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.

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).

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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 highquality 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

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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. Development Impact Fees.

1. Applicability of Chapter 9.64, Affordable Housing Production Program.

Permitted projects under this Section are exempt from the affordable housing fee pursuant to Chapter 9.64.

2. 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 pursuant to Chapter 9.65, Chapter 9.66, and Chapter 9.67 shall be required for units created under this Section.

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) and (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:

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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

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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.

Section 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

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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.

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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.

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.

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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. 489 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 1 DIVISION 4: ADMINISTRATION AND PERMITS
Chapter 9.39, Administrative Approval
Chapter 9.40, Development Review Permit
Chapter 9.43, Modifications and Waivers

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Packet Pg. 490 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 2 CHAPTER 9.39 ADMINISTRATIVE APPROVAL

9.39.010 Purpose
An Administrative Approval provides for an administrative review and assessment of the proposed development project to ensure compliance with the explicit standards contained in this Article 9, consistent with the goals, objectives, and policies of the General Plan.

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. Administrative Approval provides for an administrative review and assessment of the proposed development project in light of explicit standards contained in the Chapter 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.

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

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Packet Pg. 491 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 3 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, all new construction and new additions to existing buildings 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;
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;

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Packet Pg. 492 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 4 2. Housing Projects consisting of 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

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.

Administrative Approval shall be required prior to issuance of any Building Permit for the development 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. However, no Administrative Approval shall be required for new construction and new additions to existing buildings located in the Multi-Unit Residential Districts, Ocean Park Neighborhood Districts, or for any new single-unit dwellings or additions thereto in any zoning district.

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

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Packet Pg. 493 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 5 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, or compliance with the conditions set forth in Section 9.55.120(E)(2), the Director shall issue a determination on the Administrative Approval in accordance with this Chapter.

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

CB. The Director shall deny the Administrative Approval only if the development is not in compliance with applicable development standards, except to the extent modifications

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Packet Pg. 494 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 6 or waivers have been granted pursuant to Chapter 9.43, Modifications and Waivers as outlined in this Chapter.

DC. 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.

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.

CHAPTER 9.40 DEVELOPMENT REVIEW PERMIT

9.40.020 Applicability
A. A Development Review Permit approved by the Planning Commission shall be required prior to issuance of any building permit for the development of any of the following:

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. Tier 1 maximum limits;

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Packet Pg. 495 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 7 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;
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 subsections (A)(2)(b) through (d) above, and until the adoption of a Pico Neighborhood Plan, 7,500 square feet.

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

1. Any project that exceeds Tier 1 maximum limits;

2. All new construction and new additions to existing buildings of more than 10,000 square feet of floor area located in Residential Districts or more than 7,500 square feet of floor area in Neighborhood Commercial and Oceanfront Districts;

3. 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);

4. 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);

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Packet Pg. 496 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 8 5. Notwithstanding subsections (A)(2)—(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.

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Packet Pg. 497 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 9 9.40.040 Procedures
Following receipt of a decision of the Architectural Review Board in accordance with Chapter 9.55, 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.

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.

B Following receipt of a 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.

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;

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Packet Pg. 498 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 10 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; EG. The project has no specific unacceptable adverse impact effects on public health or safety; and
FH. The project provides Community Benefits consistent with Chapter 9.23.

CHAPTER 9.43 MODIFICATIONS AND WAIVERS

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:

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Packet Pg. 499 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 11 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. 109. Exclusions. Minor Modifications pursuant to this Chapter shall not be granted for the following standards:
a. Parcel area, width, or depth;

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Packet Pg. 500 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 12 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.

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.

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Packet Pg. 501 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 13 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 (floorto-floor) height. b. Maximum. Up to 4 feet of the required maximum ground floor (floorto-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
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

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Packet Pg. 502 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 14 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.

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.

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Packet Pg. 503 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 1 DIVISION 5 GENERAL TERMS
Chapter 9.52, Terms and Definitions

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Packet Pg. 504 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 2 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

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Packet Pg. 505 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 3 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

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Packet Pg. 506 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 4 Carport
Change of Use
Clerestory
City
City Council
City Engineer
City-Designated Contributing Building or Structure
City-Designated Historic Resource
City-Designated Landmark
City-Designated Structure of Merit
Commercial Boulevard County
Conditionally Permitted
Construction
Corner Build-To Area
County
Courtyard
Cripple Wall
Curb Cut
Daylight Plane
Deck
Demising Wall
Demolition
Development

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Packet Pg. 507 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 5 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

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Packet Pg. 508 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 6 Floor Area Ratio
Footprint
Frontage, Street
Garage
Semi-Subterranean Garage
Subterranean Garage
Garage Sales
General Plan
Glare
Government Code
Grade
Average Natural Grade
Existing Grade
Finished Grade
Segmented Average Natural Grade
Theoretical Grade
Ground Floor
Ground Floor Street Frontage
Habitation
Hazardous Materials
Height
Historic Resource
Historic Resources Inventory

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Packet Pg. 509 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 7 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

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Packet Pg. 510 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 8 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

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Packet Pg. 511 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 9 Parcel, Corner
Parcel, Flag
Parcel, Key
Parcel, Reversed Corner
Parcel, Through
Parcel Area
Parcel Depth
Parcel Frontage
Parcel Line
Parcel Line, Front
Parcel Line, Rear
Parcel Line, Side
Parcel Width
Parking Facility
Accessory Parking
Long-Term Parking
Parking, Bicycle
Long-Term Bicycle Parking
Short-Term Bicycle Parking
Parking Space, Off-Street
Accessible Parking
Car Share Parking
Independently-Accessible Parking

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Packet Pg. 512 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 10 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

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Packet Pg. 513 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 11 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
Senior Citizen
Setback
Setback, Front
Setback, Rear
Setback, Side
Setback, Street Side

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Packet Pg. 514 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 12 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
Third Street Promenade Area

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Packet Pg. 515 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 13 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

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

9.52.020.0010 30% Income Household. A household whose gross income does not exceed the 30% income limits applicable to the Los Angeles-Long

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Packet Pg. 516 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 14 Beach Primary Metropolitan Statistical Area, adjusted for household size, as published and periodically updated by HUD.

9.52.020.0020 50% Income Household. A household whose gross income does not exceed 50% of the area median income, adjusted for household size, as published and periodically updated by HUD. 50% income households include 30% income households.

9.52.020.0030 60% Income Household. A household whose gross income does not exceed 60% of the area median income, adjusted for household size, as published and periodically updated by HUD. 60% income households include 50% income households.

9.52.020.0040 80% Income Household. A household whose gross income does not exceed 80% of the area median income, adjusted for household size, as published and periodically updated by HUD. 80% income households include 60% income households.

9.52.020.0050 100% Affordable Housing Project. Housing projects with a minimum of 25% of the units deed restricted or restricted by an agreement approved by the City for occupancy by 60% Income Households or less and the remainder of the housing units are deed restricted or restricted by an agreement approved by the City for occupancy by 80% Income Households or less. Such projects may include nonresidential uses not to exceed 33% of the project’s total floor area.

9.52.020.0060 Abandoned, Abandonment. When, for a continuous period of one year or more, a nonconforming building, parcel, or use ceases. Resumption of a use after abandonment is a change of use. See Division 3, Section

9.27.050(B), Nonconforming Uses, Structures, and Parcels, for additional regulations.

9.52.020.0070 Abutting, Adjoining, or Adjacent. Having a common property line or district line or separated only by an alley, path, private street, or easement.

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Packet Pg. 517 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 15 9.52.020.0080 Access. The place, or way through which pedestrians and/or vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this Article.

9.52.020.0090 Accessory Building. See Building, Accessory.

9.52.020.0095 Accessory Dwelling Unit. An attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and that is located on a parcel with a proposed or existing primary single-unit or multi-unit dwelling. See Division 3, Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units, for further details.

9.52.020.0100 Accessory Food Service. Establishments where food is located on the same parcel as or within a primary permitted use and is clearly incidental to the primary permitted use that is not an eating and drinking establishment. Food service that is more extensive than these provisions will cause this use to be considered an eating and drinking establishment subject to all of the applicable regulations. See Division 3, Section 9.31.030, Accessory Food Service, for further details.

9.52.020.0110 Accessory Structure. See Structure, Accessory.

9.52.020.0120 Accessory Use. See Use, Accessory.

9.52.020.0130 Act of Nature. A natural occurrence such as an earthquake, flood, tidal wave, hurricane, superstorm, meteor, or tornado which causes substantial damage to buildings or property.

9.52.020.0135 Affordable Rent. Affordable rent shall mean the following:

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

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

C. For 80% income households whose gross incomes exceed the maximum incomes for 50% income households, the product of 30% times 60% of the area median income adjusted for household size appropriate for the unit.

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Packet Pg. 518 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 16 D. For moderate income households, the product of 30% times 110% of the area median income adjusted for household size appropriate for the unit.

For purposes herein, affordable rent shall be adjusted as necessary to be consistent with pertinent Federal or State statutes and regulations governing Federal or State assisted housing.

9.52.020.0140 Alley. A public way permanently reserved for access to the rear or side of properties otherwise abutting on a street.

9.52.020.0150 Alteration. Any change, addition or modification that changes the exterior architectural appearance or materials of a structure or object.

Alteration includes changes in exterior surfaces, changes in materials, additions, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance and repairs.

9.52.020.0160 Arcade. A public passageway or colonnade open along at least one side, except for structural supports, usually covered by a canopy or permanent roofing.

9.52.020.0165 Area Median Income (AMI). The median family income published from time to time by HUD for the Los Angeles-Long Beach Metropolitan Statistical Area.

9.52.020.0170 Artist. An individual who is recognized by critics and peers; has verifiable training, credentials, and/or reputation in the field; and works in one or more of the following areas:

A. A person who works in or is skilled in any of the fine arts, including, but not limited to, painting, drawing, sculpture, book arts, and print making; B. A person who creates imaginative works of aesthetic value, including, but not limited to, literature, poetry, play writing, film, video, digital media works, literature, costume design, photography, architecture, music composition, and conceptual art;

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Packet Pg. 519 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 17 C. A person who creates functional art, including, but not limited to, jewelry, rugs, decorative screens and grates, furniture, pottery, toys, and quilts;
D. A performer, including, but not limited to, singers, musicians, dancers, actors, and performance artists.

9.52.020.0180 Attic. The area less than 7 feet in height, located above the ceiling of the top story and below the roof that is not usable as habitable or commercial space and is not accessible via a permanent access structure.

An attic shall not be considered a story. City-designated landmarks may adapt attics to be habitable so long as they are within the historic building envelope and result in no change to the roofline. Such an adoption will also not be considered a story.

9.52.020.0190 Awning. An architectural projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is attached. An awning is typically constructed of non-rigid materials on a supporting framework which projects from and is supported by the exterior wall of a building.

9.52.020.0200 Balcony. A platform that projects from the wall of a building 30 inches or more above grade that is accessible from the building’s interior, is not accessible from the ground and is not enclosed by walls on more than 2 sides. See also Deck.

9.52.020.0210 Base District. See Zoning District.

9.52.020.0220 Base Height. The maximum height to which a building or structure may be built by right pursuant to the Land Use and Circulation Element (LUCE) of the General Plan. This is also called the Tier 1 height.

9.52.020.0230 Basement. The level(s) of a structure located below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade, in which no portion of the level directly below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade projects more than 3 feet above Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade. Up to 4 wall surfaces of the level directly below Average

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Packet Pg. 520 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 18 Natural Grade, Segmented Average Natural Grade, or Theoretical Grade may be exposed above Finished Grade, so long as this exposure does not exceed 40% of each of these wall surface areas. Each wall surface area is calculated by multiplying the height by the length of the wall. In addition, the visible wall surface height of these walls shall not exceed 3 feet above Finished Grade, except for an entrance to a garage, which must be designed to the minimum feasible width and not exceed the maximum size requirements set forth in Chapter 9.28, or for any light well or emergency egress as required by the Building Code. A basement shall not be considered a story.

9.52.020.0240 Bathroom. A room containing a sink, a toilet, and a shower and/or bathtub.

9.52.020.0250 Bay Window. An angular or curved window that projects from the building surface.

9.52.020.0260 Bedroom. Any habitable space in a dwelling unit or accessory structure other than a kitchen or living room that is intended for or capable of being used for sleeping, is at least 70 square feet in area, is separated from other rooms by a door, and is accessible to a bathroom without crossing another bedroom.

9.52.020.0270 Block. Property bounded on all sides by a public right-of-way.

9.52.020.0280 Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials.

9.52.020.0290 Building, Accessory. A detached building located on the same parcel as the principal building, which is incidental and subordinate to the principal building in terms of both size and use. A building will be considered part of the principal building if located less than 6 feet from the principal building or if connected to it by fully enclosed space.

9.52.020.0300 Building, Principal. A building in which the principal use of the parcel on which it is located is conducted.

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Packet Pg. 521 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 19 9.52.020.0310 Building Code. Any ordinance of the City governing the type and method of construction of buildings, signs, and sign structures and any amendments thereto and any substitute therefor, including, but not limited to, the California Building Code, the State Historic Building Code, other state-adopted uniform codes and the Minimum Building Security Standards Ordinance.

9.52.020.0320 Building Face. The general outer surface of the structure or walls of a building. Where bay windows or pillars project beyond the walls, the outer surface of the windows or pillars shall be considered to be the face of the building.

9.52.020.0330 Building Envelope. The aggregate of building mass and building bulk permitted on a parcel which is defined by height regulations, setbacks and other property development standards.

9.52.020.0340 Building Footprint. See Footprint.

9.52.020.0350 Building Height. See Height.

9.52.020.0360 Building Site. A parcel or parcels of land occupied or to be occupied, by a main building and accessory buildings together with such open spaces as are required by the terms of this title and having its principal frontage on a street, road, highway, or waterway.

9.52.020.0370 Build-To Line. A line parallel to the parcel line where the façade of the building is required to be located.

9.52.020.0380 Buffer, Buffering. An area on a parcel which is designed to separate structures and uses from the general public and/or adjacent properties to reduce negative impacts. It may include landscaping, fences, and walls.

9.52.020.0390 California Department of Alcoholic Beverage Control (ABC). The California State agency that regulates the permitting of alcohol beverage sales, including the sale of beer, wine, and distilled spirits.

9.52.020.0400 California Environmental Quality Act (CEQA). Public Resources Code Section 21000 et seq., or any successor statute and associated guidelines (California Code of Regulations Section 15000 et seq.) that

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Packet Pg. 522 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 20 require public agencies to document and consider the environmental effects of a proposed action before a decision.

9.52.020.0410 Canopy. A roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area that may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces extending from the ground.

9.52.020.0420 Car Sharing. A formal or informal membership organization that owns a variety of motor vehicles that are parked in a number of different areas. Members use the motor vehicles under the terms of their membership.

9.52.020.0430 Carport. A permanently roofed structure providing space for parking or temporary storage of vehicles. It may or may not include sides, but will be considered a garage if all 4 sides are enclosed.

9.52.020.0440 Change of Use. A discontinuance of an existing use and the substitution therefor of a use such that the new use represents a different use group (as defined in Chapter 9.51, Use Classifications) or is otherwise differently regulated by the zoning ordinance compared to the prior use. A change of ownership alone does not constitute a change of use.

Resumption of a use after abandonment is a change of use.

9.52.020.0450 Clerestory. A window or row of windows which typically run horizontally and are located at the upper portion of a wall to allow additional light and air into a room. A clerestory is not a skylight.

9.52.020.0460 City. The City of Santa Monica.

9.52.020.0470 City Council. The City Council of the City of Santa Monica.

9.52.020.0480 City Engineer. The City Engineer of the City of Santa Monica.

9.52.020.0490 City-Designated Contributing Building or Structure. A building or structure designated by the City as contributing to the designation of an area as a historic district pursuant to Section 9.56.130.

9.52.020.0500 City-Designated Historic Resource. Any existing property or structure that is designated by the City as a Landmark, Structure of Merit, or a Contributor to a Designated Historic District.

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Packet Pg. 523 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 21 9.52.020.0510 City-Designated Landmark. An improvement designated by the City as appropriate for historic preservation pursuant to Section 9.56.120.

9.52.020.0520 City-Designated Structure of Merit. An improvement designated by the City as appropriate for official recognition pursuant to Section

9.56.090.

9.52.020.0530 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. County. The County of Los Angeles.

9.52.020.0540 Conditionally Permitted. Permitted subject to approval of a Conditional Use Permit or Minor Use Permit.

9.52.020.0550 Construction. Construction, erection, enlargement, alteration, conversion or movement of any building, structures, or land together with any scientific surveys associated therewith.

9.52.020.0560 Corner Build-To Area. Area of a corner parcel where the façade of the building is required to be located.

9.52.020.0565 County. County of Los Angeles.

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Packet Pg. 524 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 22 9.52.020.0570 Courtyard. An unroofed area that is completely or mostly enclosed by walls of a building.

9.52.020.0580 Cripple Wall. The short wood stud walls that enclose a crawl space under the first floor used to support a dwelling between the concrete foundation and the ground floor of a building. It elevates the dwelling above ground to allow access to the utility lines or to level a dwelling built on a slope.

9.52.020.0590 Curb Cut. A break in a curb allowing vehicle access from the roadway to a legal parking area within the parcel.

9.52.020.0600 Daylight Plane. A setback or series of setbacks on new buildings which allows the flow of light and air to adjacent residential buildings and properties.

9.52.020.0610 Deck. A platform, either freestanding or attached to a building that is used for outdoor space. It typically extends from the façade of a building and is supported by pillars or posts but may be located on a flat portion of a building, such as a roof or setback. It is distinct from a patio. See also Balcony.

9.52.020.0620 Demising Wall. A partition wall that separates one tenant or owner’s space from another or from the building hallway or other common area.

9.52.020.0630 Demolition. The destruction, dismantling, or removal of a building or structure or substantial portion of a building or structure so that it constitutes demolition pursuant to the provisions of Section 9.25.030, Demolition Defined.

9.52.020.0640 Development. Any manmade change to improved or unimproved real estate, including, but not limited to, the division of a parcel of land into 2 or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, expansion, or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land.

9.52.020.0650 Development Agreement. An agreement between the City and any person having a legal or equitable interest in real property for the

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Packet Pg. 525 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 23 development of such property and which complies with the applicable provisions of the Government Code Section 65864 et seq., and local law for such development agreements pursuant to Chapter 9.60, Development Agreements.

9.52.020.0660 Director. The Director of Planning and Community Development of the City of Santa Monica or designee.

9.52.020.0670 Disability. Physical or mental impairment that substantially limits one or more of a person’s major life activities or a record of having an impairment, but the term does not include current, illegal use of, or an addiction to, a controlled substance. Current users of illegal controlled substances, persons convicted with illegal manufacture or distribution of a controlled substance, sex offenders, and juvenile offenders are not considered disabled under the Fair Housing Act, by virtue of that status.

9.52.020.0680 Discretionary Permit. A Development Review Permit, Major Modification, Variance, Minor Use Permit, or Conditional Use Permit, or any other appealable permit that requires findings to be made.

9.52.020.0690 District. See Zoning District.

9.52.020.0700 Domestic Violence Shelter. A residential facility that provides temporary accommodations to persons or families who have been the victims of domestic violence. Such a facility may also provide meals, counseling, and other services, as well as common areas for the residents of the facility.

9.52.020.0710 Driveway. An accessway that provides vehicular access between a street and the parking or loading facilities located on an adjacent property.

9.52.020.0720 Dwelling. A structure or portion thereof that is used principally for residential occupancy.

9.52.020.0730 Dwelling Unit. One or more rooms designed, occupied or intended for occupancy as separate living quarters, with full cooking, sleeping and bathroom facilities for the exclusive use of a single household. A dwelling unit shall exceed 375 square feet in size.

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Packet Pg. 526 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 24 9.52.020.0740 Easement. A portion of land created by grant or agreement for specific purpose; an easement is the right, privilege, or interest which one party has in the land of another.

9.52.020.0750 Effective Date. The date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated.

9.52.020.0760 Emergency. A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services.

9.52.020.0770 Entrance. An opening, such as a door, passage, or gate, that allows access to a place.

9.52.020.0780 Environmental Review. An evaluation process pursuant to CEQA to determine whether a proposed project may have a significant impact on the environment.

9.52.020.0790 Environmental Impact Report (EIR). An Environmental Impact Report as required under the California Environmental Quality Act.

9.52.020.0800 Erect. To build, construct, attach, hang, place, suspend, or affix to or upon any surface.

9.52.020.0810 Excavation. The removal of soils or other materials below grade to install habitable space, parking, utilities, or landscaping.

9.52.020.0820 Façade. The face of the exterior wall of a building exposed to public view or that wall viewed by persons not within the building. The portion of any exterior elevation of a building extending vertically from the grade to the top of a parapet wall or eave and horizontally across the entire width of the building elevation.

9.52.020.0830 Façade, Street-Facing. Any building façade whose exterior wall faces or is within 45 degrees of parallel to an adjacent street, right-of-way, or public park, plaza, or open space.

9.52.020.0840 Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

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Packet Pg. 527 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 25 9.52.020.0850 Fee. A payment to the City for the processing of a permit or license application by a City Agency or Department.

9.52.020.0860 Fence. An artificially-constructed barrier of any material or combination of materials erected to enclose or screen an area of land.

Fences may also be walls, hedges and screen planting.

9.52.020.0870 Floor Area. See Division 1, Section 9.04.080, Determining Floor Area, for rules for calculating floor area.

9.52.020.0880 Floor Area Ratio. The ratio of the total floor area of all buildings on a parcel to the total area of the parcel. See Division 1, Section 9.04.090, Determining Floor Area Ratio, for rules for calculating floor area ratio.

9.52.020.0890 Footprint. The horizontal area, as seen in plan view, of a building or structure, measured from the outside of exterior walls and supporting columns, and excluding eaves and subterranean and semi-subterranean levels.

9.52.020.0900 Frontage, Street. That portion of a parcel that borders a public street. “Street frontage” shall be measured along the common parcel line separating said parcel or parcel of land from the public street, highway, or parkway.

9.52.020.0910 Garage. A building or portion thereof, containing accessible and usable enclosed space designed, constructed and maintained for the parking or storage of one or more motor vehicles.

9.52.020.0920 Semi-Subterranean Garage. A structure located partly underground used for parking and storage of vehicles.

9.52.020.0930 Subterranean Garage. A structure entirely underground, except for openings for ingress and egress.

9.52.020.0940 Garage Sales. The sale or offering for sale to the general public of over 5 items of personal property on a portion of a parcel in a residentially zoned district, whether inside or outside any building.

9.52.020.0950 General Plan. The City of Santa Monica General Plan.

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Packet Pg. 528 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 26 9.52.020.0960 Glare. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort or loss of visual performance and ability.

9.52.020.0970 Government Code. The Government Code of the State of California.

9.52.020.0980 Grade. The location of the ground surface.

9.52.020.0990 Average Natural Grade. See Division 1, Section 9.04.050(A)(1).

9.52.020.1000 Existing Grade. The elevation of the ground at any point on a parcel as shown on the required survey submitted in conjunction with an application for a building permit or grading permit. Existing grade also may be referred to as natural grade.

9.52.020.1010 Finished Grade. The finished surface of the ground, paving, lawn, or other improved surface between the building and the parcel line.

9.52.020.1020 Segmented Average Natural Grade. See Division 1, Section

9.04.050(A)(2).

9.52.020.1030 Theoretical Grade. See Division 1, Section 9.04.050(A)(3).

9.52.020.1040 Ground Floor. The lowest floor of a building other than a basement that is closest to finished grade.

9.52.020.1050 Ground Floor Street Frontage. The first level of a building, other than a basement, that borders a public street.

9.52.020.1060 Habitation. Regular and exclusive use of a space or structure for shelter and other residential purposes in a manner that is private and separate from another residence on the same parcel.

9.52.020.1070 Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

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Packet Pg. 529 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 27 9.52.020.1080 Height. The vertical distance from a point on the ground below a structure to a point directly above. See also Division 1, Section 9.04.050, Measuring Height.

9.52.020.1090 Historic Resource. Any existing property or structure that is designated as a City Landmark, Structure of Merit, or a Contributor to a Designated Historic District, or is listed on either the California Register of Historical Resources or the National Register of Historic Places.

9.52.020.1100 Historic Resources Inventory (HRI). A database containing building descriptions and evaluations of properties that exhibit potential historic, architectural, or cultural significance in Santa Monica. Each property listed on the HRI has been evaluated by professionals using nationwide standards and criteria. The HRI is used to identify properties of potential historic significance, and properties on the HRI are eligible to apply the State Historical Building Code.

9.52.020.1110 Home Occupation. A commercial use conducted on residential property by the inhabitants of the subject residence, which is incidental and secondary to the residential use of the dwelling. See Section 9.31.160, Home Occupation.

9.52.020.1120 Household. One or more persons living together in a single dwelling unit, with access to and use of all common living and eating areas and all common areas and facilities for the preparation and storage of food and who maintain a single mortgage, lease, or rental agreement for all members of the household.

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

A. Residential units only;
B. 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.

C. Transitional or supportive housing.

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Packet Pg. 530 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 28 9.52.020.1130 Illegal Use. Any use of land or building that does not have the currently required permits and was originally constructed and/or established without permits or approvals required for the use at the time it was brought into existence.

9.52.020.1140 Intensity of Use. The extent to which a particular use or the use in combination with other uses affects the natural and built environment in which it is located, the demand for services, and persons who live, work, and visit the area. Measures of intensity include, but are not limited to, requirements for water, gas, electricity, or public services; number of automobile trips generated by a use; parking demand; number of employees on a site; hours of operation; the amount of noise, light or glare generated; the number of persons attracted to the site, or, in eating establishments, the number of seats.

9.52.020.1150 Intersection, Street. The area common to 2 or more intersecting streets.

9.52.020.1155 Junior Accessory Dwelling Unit. A dwelling unit that is no more than 500 square feet in size and is contained entirely within an existing or proposed single-unit dwelling. See Division 3, Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units, for further details.

9.52.020.1160 Kitchen. A room or space within a building with appliances used for cooking or preparing food.

9.52.020.1170 Landscape. The following terms are related to Division 3, Chapter

9.26, Landscaping.

9.52.020.1180 Automatic Controller. An automatic timing device used to remotely control valves that operate an irrigation system.

9.52.020.1190 Backflow Prevention Device. A safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

9.52.020.1200 Groundcover. A low growing woody or herbaceous plant with low, compact growth habits which normally crawls or spreads, and which forms a solid mat or dense cover over the ground within 2 years of

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Packet Pg. 531 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 29 installation. Mature heights of groundcover will usually range from 3 inches to 3 feet.

9.52.020.1210 Hedge. A boundary or barrier of plant material formed by a row or series of shrubs, bushes, trees, or other similar vegetation that enclose, divide, or protect an area or that prevent a person from passing between any combination of individual shrubs, bushes, trees, or other similar vegetation.

9.52.020.1220 Irrigation System. Any system, excluding water features, for distribution of water through a pressurized system within the landscape area, including, but not limited to, any system in which any portion is installed below grade or affixed to any structure.

9.52.020.1230 Landscaping. The planting, configuration and maintenance of trees, ground cover, shrubbery and other plant material, decorative natural and structural features (walls, fences, hedges, trellises, fountains, sculptures), earth patterning and bedding materials, and other similar site improvements that serve an aesthetic or functional purpose.

See Section 9.26.060.

9.52.020.1240 Moisture Sensing Device. A device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.

9.52.020.1250 Mulch. Any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

9.52.020.1260 Plant Area. The portion of a parcel that is dedicated to the installation of landscaping.

9.52.020.1270 Lighting. The following terms are related to Section 9.21.080, Lighting.

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Packet Pg. 532 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 30 9.52.020.1280 Foot-Candle. A quantitative unit of measure for luminance. One foot-candle is equal to the amount of light generated by one candle shining on one square foot surface located one foot away. Equal to one lumen uniformly distributed over an area of one square foot.

9.52.020.1290 Light Fixture. The assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirrors, and a refractor or lens.

9.52.020.1300 Shielded Fixture. Outdoor light fixtures shielded or constructed so that light rays emitted by the lamp are projected below the horizontal plane passing through the lowest point on the fixture from which light is emitted.

9.52.020.1310 Lightwell. The portion of buildable area that is reserved as open space for light and air, usually enclosed by building walls on the subject property or adjacent property and extends for one or more floors.

9.52.020.1320 Living Quarters. A structure or portion thereof that is used principally for human habitation.

9.52.020.1330 Loading Space. An off-street space or berth on the same parcel with a building for the temporary parking of a vehicle while loading or unloading of goods.

9.52.020.1340 Loft. See Mezzanine.

9.52.020.1350 Lot. See Parcel.

9.52.020.1360 Maintenance and Repair. The repair or replacement of nonbearing walls, fixtures, wiring, roof or plumbing that restores the character, scope, size or design of a structure to its previously existing, authorized, and undamaged condition.

9.52.020.1365 Major Transit Stop. Major transit stop as defined in Public Resources Code Section 21064.3

9.52.020.1370 Manufactured Housing. A structure as defined by Health and Safety Code Section 18007, or any successor thereto.

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Packet Pg. 533 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 31 9.52.020.1380 Mezzanine. An intermediate floor within a building interior without walls, partitions, closets, screens or other complete enclosing interior walls or partitions that is open to the floor below and has a floor area that is no greater than one-third of the total area of the overlooked room below. When the total floor area of a mezzanine exceeds one-third of the total area of the overlooked room below it constitutes an additional story and is no longer considered a mezzanine. Mezzanines shall be concealed within the building and shall not appear as an additional story on the exterior building façade.

See Story.

9.52.020.1390 Mixed-Use Development. The development of a parcel or building with 2 or more different land uses such as, but not limited to, a combination of residential, office, manufacturing, retail, public or entertainment in a single or physically integrated group of structures.

9.52.020.1400 Mobile Home Park. Any area or tract of land where 2 or more lots are rented or leased, or held out for rent or lease, to accommodate mobile homes used for human habitation in accordance with Health and Safety Code Section 18214, or any successor thereto.

9.52.020.1410 Natural Disaster. See Act of Nature.

9.52.020.1420 Nonconforming Building. See Nonconforming Structure.

9.52.020.1430 Nonconforming Structure. A building or structure that was erected in compliance with the standards and requirements in effect when it was constructed but does not comply with all of the applicable provisions of this Article including, but not limited to, density, floor area, height, setback, usable open space, and other development standards. See Chapter 9.27, Nonconforming Uses and Structures.

9.52.020.1440 Nonconforming Use. An occupancy or activity that was established in compliance with the standards and requirements in effect at the time it commenced and has not been abandoned within the same structure or on the same parcel since that date but does not comply with all of the applicable provisions of this Article, including, but not limited to, permitted use, location, intensity, operational characteristics, performance standards

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Packet Pg. 534 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 32 or hours of operation. See Chapter 9.27, Nonconforming Uses and Structures.

9.52.020.1450 Open Space.

9.52.020.1460 Open Space, Common. Any outdoor area, not dedicated for public use, which is designed and intended for the common use and enjoyment of the residents and guests of more than one dwelling unit.

9.52.020.1470 Open Space, Private. Open areas for outdoor living and recreation that are adjacent and directly accessible to a single dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.

9.52.020.1480 Open Space, Usable. Outdoor areas that provide for outdoor living and/or recreation for the use of residents.

9.52.020.1490 Outdoor Sales, Temporary and Seasonal. The sale or offering for sale to the general public of merchandise outside of a permanent structure on property owned or leased by the person, firm, or corporation. These sales are of a limited duration and conducted on an occasional basis, and are secondary or incidental to the principal permitted use or structure existing on the property.

9.52.020.1500 Outdoor Storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise or vehicles in the same place for more than 72 hours except for the keeping of building materials reasonably required for construction work on the premises pursuant to a valid and current Building Permit issued by the City.

9.52.020.1510 Overlay District. A zoning designation specifically delineated on the Districting Map establishing land use requirements that govern in addition to the standards set forth in the underlying base district.

9.52.020.1520 Parapet. A low wall or railing extending above the roof and along its perimeter.

9.52.020.1530 Parcel. A single unit of land separated from other units of land by legal description, the boundaries of which are shown on a parcel map or

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Packet Pg. 535 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 33 final map, described in a deed, or for which a certificate of compliance has been issued pursuant to the Subdivision Map Act. [Parcel shall also include 2 or more parcels where the owner(s) have recorded a covenant with the Office of the County Recorder that states the intention of the owner(s) to combine and use the parcels as a single unit of land in compliance with City regulations.]

9.52.020.1540 Parcel, Corner. A parcel of land abutting 2 or more streets at their intersection, or upon 2 parts of the same street forming an interior angle of less than 135 degrees.

9.52.020.1550 Parcel, Flag. A parcel not fronting on or abutting a public road and where access is from a public road by a narrow right-of-way or driveway.

9.52.020.1560 Parcel, Key. The first interior parcel to the rear of a reversed corner parcel and not separated therefrom by an alley.

9.52.020.1570 Parcel, Reversed Corner. A corner parcel, the side street line of which is substantially a continuation of the front parcel line of the first parcel to its rear.

9.52.020.1580 Parcel, Through. A parcel which fronts on 2 parallel streets or which fronts upon 2 streets which do not intersect at the boundaries of the parcel.

9.52.020.1590 Parcel Area. The total area within the property lines of a parcel, excluding any street or alley right-of-way.

9.52.020.1600 Parcel Depth. The longest perpendicular length between a front and rear parcel line or an imaginary extension of a rear parcel line as necessary for non-rectilinear parcels.

9.52.020.1610 Parcel Frontage. The width of the front parcel line measured at the street right-of-way.

9.52.020.1620 Parcel Line. A line of record bounding a parcel that divides one parcel from another parcel or from a public or private street or any other public space.

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Packet Pg. 536 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 34 9.52.020.1630 Parcel Line, Front. The parcel line separating a parcel from a street right-of-way. In the case of a corner parcel, the line separating the narrowest street frontage of the parcel from the street shall be considered the front. For corner parcels with equal street frontage dimensions, the front of the parcel is the street frontage that is consistent with the prevailing street frontage orientations along the block where the corner parcel is located. For parcels between a walk street and an alley, the front of the parcel is considered along the walk street. For through parcels between a walk street and a street with vehicular access, the front of the parcel is considered along the street with vehicular access.

9.52.020.1640 Parcel Line, Rear. The parcel line opposite and most distant from the front parcel line; or in the case of triangular or otherwise irregularly shaped parcel, a line 10 feet in length entirely within the parcel, parallel to, and at a maximum distance from the front parcel line.

9.52.020.1650 Parcel Line, Side. Any parcel line other than a front or rear parcel line.

9.52.020.1660 Parcel Width. For rectilinear parcels, the distance between the side parcel lines determined by the length of a straight line drawn at right angles to the side parcel lines and parallel with both the front and rear parcel lines.

For non-rectilinear parcels, a series of measurements based on the location of the side parcel lines shall be required to determine varying parcel widths at any given locations on the parcel.

9.52.020.1670 Parking Facility. An area of a parcel, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the temporary storage of operable motor vehicles.

9.52.020.1680 Accessory Parking. An area of a parcel, structure, or any other area, which is designed, reserved for, and the primary purpose of which is to provide off-street parking to serve a building or use that is the primary or main use of the parcel.

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Packet Pg. 537 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 35 9.52.020.1690 Long-Term Parking. An area designed for employee or parking when a vehicle is not normally moved during the period of an employee’s work shift, as opposed to customer or visitor parking.

9.52.020.1700 Parking, Bicycle. A covered or uncovered area equipped with a rack or other device designed and useable for the secure, temporary storage of bicycles.

9.52.020.1710 Long-Term Bicycle Parking. Bicycle parking that is designed to serve employees, students, residents, commuters, and others who generally stay at a site for 3 hours or longer.

9.52.020.1720 Short-Term Bicycle Parking. Bicycle parking that is designed to serve shoppers, customers, messengers, guests, and other visitors to a site who generally stay for a period of less than 4 hours.

9.52.020.1730 Parking Space, Off-Street. An area, covered or uncovered, designed and usable for the temporary storage of a vehicle, which is paved and accessible by an automobile without permanent obstruction.

9.52.020.1740 Accessible Parking. Parking spaces that are designed and reserved for a vehicle(s) that is dedicated to persons with disabilities.

9.52.020.1745 Automated Parking System. Off-street parking facility where vehicular storage and retrieval within such facility is accomplished entirely through a mechanical conveyance system. A parking facility with parking lift systems that require an attendant to maneuver a vehicle that is to be parked shall not be considered an automated parking facility.

9.52.020.1750 Car Share Parking. Parking spaces that are dedicated for a vehicle(s) provided by a certified car-share organization for the purpose of providing a car-share-service to occupants of a building or the general public.

9.52.020.1760 Independently-Accessible Parking. Parking spaces that allow a vehicle to be accessed without having to move another vehicle under its own power. They shall include spaces accessed by automated garages, or car elevators, lifts or other space-efficient parking provided that no

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Packet Pg. 538 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 36 more than one car needs to be moved under its own power to access any one space.

9.52.020.1770 Shared Parking. The management of parking spaces so that they can be used by multiple users. This allows for the more efficient use of parking facilities. Parking may be shared between multiple users on the same parcel, between multiple users on different parcels, or in dedicated shared parking facilities such as public parking lots.

9.52.020.1780 Stacked Parking. Space-efficient parking in which vehicles are stored and accessed by mechanical stackers or lifts or other spaceefficient means.

9.52.020.1790 Tandem Parking. Parking spaces that are placed one behind another and where a vehicle needs to be moved to access the desired parking space.

9.52.020.1800 Unbundled Parking. The practice of selling or leasing parking spaces separate from the purchase or lease of the commercial or residential use.

9.52.020.1810 Valet Parking. Stacked or valet parking is allowed if an attendant is present or an automated system is in place to move vehicles. The automated system may or may not be managed by an attendant.

9.52.020.1820 Parking Structure. A structure used for parking and storage of vehicles.

9.52.020.1830 Semi-Subterranean. A parking structure located partially underground.

9.52.020.1840 Subterranean. A parking structure located entirely underground, except for openings for ingress and egress.

9.52.020.1850 Patio. An outdoor area, often paved, adjoining a building that is used for outdoor open space. It is not fully enclosed by walls and typically is located at grade or supported by minimal footings.

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Packet Pg. 539 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 37 9.52.020.1860 Paving. A type of material used over areas of a parcel such as driveways, parking spaces and areas, pathways, patios, and front setbacks used for access by vehicles and pedestrians.

9.52.020.1870 Permit. Any Zoning Conformance, Conditional Use Permit, Minor Use Permit, Temporary Use Permit, Development Review Permit, Administrative Approval, Home Occupation, Building Permit, license, certificate, approval, or other entitlement for development and/or use of property as required by any public agency.

9.52.020.1880 Permitted Use. Any use or structure that is allowed in a zoning district without a requirement for approval of a Use Permit, but subject to any restrictions applicable to that zoning district.

9.52.020.1890 Person. Any natural person or other entity recognized by California law as such, including a firm, association, organization, partnership, business trust, company, or corporation.

9.52.020.1900 Person with a Disability. A person who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having that type of impairment; or anyone who has a record of that type of impairment.

9.52.020.1910 Planning Commission. The Planning Commission of the City of Santa Monica.

9.52.020.1920 Plaza. An outdoor space set aside for gathering or congregating and commercial activities, typically surrounded by building frontages.

9.52.020.1930 Podium. A continuous raised platform supporting a building or a large block of 2 or 3 stories beneath a multi-story block of smaller area.

9.52.020.1940 Porte Cochere. A roofed structure through which a vehicle can pass, extending from the entrance of a building over an adjacent driveway, the purpose of which is to shelter persons entering and exiting a building.

9.52.020.1950 Pre-Existing. In existence prior to the effective date of this Article.

9.52.020.1960 Primary Use. See Use, Primary.

9.52.020.1970 Private Tennis Court. A tennis court which is used for noncommercial purposes by the owner(s) of the property or guests.

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Packet Pg. 540 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 38 9.52.020.1980 Project. Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this ordinance. This term includes, but is not limited to, any action that qualifies as a “project” as defined by the California Environmental Quality Act.

9.52.020.1990 Public Land. Any government-owned land, including, but not limited to, public parks, beaches, playgrounds, trails, paths, schools, public buildings, and other recreational areas or public open spaces.

9.52.020.2000 Public Resources Code. The Public Resources Code of the State of California.

9.52.020.2010 Qualified Applicant. The property owner, the owner’s agent, or any person or other legal entity that has a legal or equitable interest in land that is the subject of a development proposal or is the holder of an option or contract to purchase such land or otherwise has an enforceable proprietary interest in such land.

9.52.020.2020 Ramp. An access driveway leading from one parking level to another, or an access driveway from an entrance leading to parking at a different level.

9.52.020.2030 Reasonable Accommodation. A type of discretionary permit that, if approved, would provide for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA) in the application of building and zoning laws and other land use policies, procedures, laws, rules, and regulations.

9.52.020.2040 Residential Use. One or more rooms designed, occupied or intended for occupancy as primary living quarters in a building or portion thereof.

9.52.020.2050 Review Authority. Body responsible for making decisions on zoning and related applications.

9.52.020.2060 Right-of-Way. A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be

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Packet Pg. 541 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 39 occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer or other similar use.

9.52.020.2070 Roof. That portion of a building or structure above walls or columns that shelters the floor area or the structure below.

9.52.020.2080 Barrel Roof. An arched roof with a semi-circular, half-cylindrical shape.

9.52.020.2090 Gambrel Roof. A roof with 2 slopes on each of its 2 sides of which the lower is steeper than the upper slope.

9.52.020.2100 Hip Roof. A 4-sided roof with sloping ends and sides.

9.52.020.2110 Mansard Roof. A roof with 2 sloping planes of different pitch on each of the 4 sides.

9.52.020.2120 Pitched Roof. A roof with 2 sides that have at least one foot of vertical rise for every 3 feet of horizontal run.

9.52.020.2130 Shed Roof. A roof with a single slope.

9.52.020.2140 Roof Deck. A platform located on the flat portion of a roof or setback of a building that is used for outdoor space. It is distinct from a patio.

9.52.020.2150 Screening. Buffering of a building or activity from neighboring areas or from the street with a wall, fence, hedge, informal planting, or berm.

9.52.020.2160 Security Grate or Grilles. A metal grate that rolls up over, or slides across, a window or door to provide protection against unwanted entry. It also can be a fixed metal fixture over window openings.

9.52.020.2170 Senior Citizen. An individual 62 years of age or older unless otherwise expressly stated in this Article.

9.52.020.2180 Setback. The distance between the parcel line and a building, not including permitted projections, that must be kept clear or open. See also Section 9.04.040, Measuring Distances, Section 9.04.130, Determining Setbacks, and Section 9.21.110, Projections into Required Setbacks.

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Packet Pg. 542 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 40 9.52.020.2190 Setback, Front. A space extending the full width of the parcel between any building and the front parcel line, and measured perpendicularly to the building at the closest point to the front parcel line.

9.52.020.2200 Setback, Rear. A space extending the full width of the parcel between the principal building and the rear parcel line measured perpendicularly from the rear parcel line to the closest point of the principal building. When a rear parcel line abuts an alley or walkstreet, the rear setback shall be measured from the center line of the alley or walkstreet.

9.52.020.2210 Setback, Side. A space extending the full depth of the parcel between the principal building and the side parcel line measured perpendicularly from the side parcel line to the closest point of the principal building. For non-rectilinear parcels, a space extending the full depth of the parcel between the principal building and the side parcel line(s) measured using a series of measurements parallel to the front parcel line to determine varying parcel widths at any given locations on the parcel.

9.52.020.2220 Setback, Street Side. A space extending the full depth of the parcel between the principal building and the side parcel line adjacent to a public street right-of-way measured perpendicularly from the side parcel line to the closest point of the principal building. For nonrectilinear parcels, a space extending the full depth of the parcel between the principal building and the side parcel line(s) adjacent to a public street right-of-way measured using a series of measurements parallel to the front parcel line to determine varying parcel widths at any given locations on the parcel.

9.52.020.2230 Sexually-Oriented Business. See Chapter 9.59, Sexually-Oriented Businesses, for details.

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Packet Pg. 543 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 41 9.52.020.2240 Shrub. A plant with a compact growth habit and branches coming from the base of the plant. Mature heights of shrubs may vary from one foot to 15 feet depending on their species and landscape application.

9.52.020.2250 Sidewalk. A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

9.52.020.2260 Sidewalk Café. Any outdoor dining area located in or adjacent to any public sidewalk or right-of-way which is associated with a restaurant or other eating and drinking establishment on a contiguous adjacent parcel.

9.52.020.2270 Sign-Related Definitions. All terms relating to signage are defined in Chapter 9.61, Signs.

9.52.020.2280 Site. A parcel, or group of contiguous parcels, that is proposed for development in accordance with the provisions of this Article and is in a single ownership or under unified control.

9.52.020.2290 Skylight. That portion of a roof which is glazed to admit light, and the mechanical fastening required to hold the glazing, including a curb not exceeding 10 inches in height, to provide a weatherproofing barrier.

9.52.020.2300 Solar Energy System. Any solar collector or other solar energy device, certified pursuant to State law, along with its ancillary equipment, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating, or any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

9.52.020.2310 State Historical Building Code. California Code of Regulations, Title 24, Part 8, or any successor thereto, which constitutes a special Stateadopted building code for historic buildings allowing flexible approaches to their construction problems. This Code was developed to accommodate changes necessary for the continued use of historic buildings, while preserving their historic character and significant architectural features.

Applicants may elect to use the State Historic Building Code as an

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Packet Pg. 544 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 42 alternative to standard construction codes such as the City’s Building Code or Electrical Code.

9.52.020.2320 Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the upper surface of the roof above. A mezzanine with a floor area that exceeds one-third of the floor area of the overlooking room of the floor below constitutes a story. An attic and basement shall not be considered stories.

9.52.020.2330 Street. A public or private thoroughfare which affords the access to a block and to abutting property. “Street” includes avenue, place, way, drive, boulevard, highway, road, and any other thoroughfare, except an alley as defined herein.

9.52.020.2340 Street Tree. Trees that are located in the public right-of-way.

9.52.020.2350 Street Wall. A wall or portion of a wall of a building facing a street.

9.52.020.2360 Structural Alterations. Any physical change to or the removal of the supporting members of a structure or building, such as bearing walls, columns, beams, or girders including the creation, enlargement, or removal of doors or windows and changes to a roofline or roof shape.

9.52.020.2370 Structure. Anything constructed or erected, which requires a fixed location on the ground, or is attached to a building or other structure having a fixed location on the ground.

9.52.020.2380 Structure, Accessory. A detached subordinate structure, used only as incidental to the main structure on the same parcel.

9.52.020.2390 Structure, Main. A structure housing the principal use of a site or functioning as the principal use.

9.52.020.2400 Structure, Subterranean. A structure located entirely underground, except for openings for ingress and egress.

9.52.020.2410 Structure, Temporary. A structure without any foundation or footings and which is intended to be removed when the designated time

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Packet Pg. 545 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 43 period, activity, or use for which the temporary structure was erected has ceased.

9.52.020.2420 Subdivision. See Chapter 9.54, Land Divisions, for all subdivision definitions.

9.52.020.2430 Swimming Pool. A pool, pond, or open tank capable of containing a large and deep enough body of water for people to use to swim.

9.52.020.2440 Temporary Structure. See Structure, Temporary.

9.52.020.2445 Third Street Promenade Area. The area including the Third Street Promenade and parcels located in that portion of the BC (2nd & 4th Streets) District bounded by 2nd Street to the west, Broadway to the south, 4th Street to the east, and Wilshire Boulevard to the north.

9.52.020.2450 Trailer. A vehicle without motor power, designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons or property, including a mobile home, trailer coach or house trailer.

9.52.020.2460 Trash Screen/Enclosure. A permanent, immobile structure, designed for the storage of a mobile resource recovery, recycling, or compost bin or container.

9.52.020.2470 Unit. See Dwelling Unit.

9.52.020.2480 Use. The purpose for which land or the premises of a building, structure, or facility thereon is designed, arranged, or intended, or for which it is or may be occupied or maintained.

9.52.020.2490 Use, Accessory. A use that is customarily associated with, and is incidental and subordinate to, the primary use and located on the same parcel as the primary use.

9.52.020.2500 Use, Primary. A primary, principal or dominant use established, or proposed to be established, on a parcel. In a mixed-use building, there may be more than one primary use.

9.52.020.2510 Use Classification. A system of classifying uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics. All use types are grouped into the following

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Packet Pg. 546 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 44 categories: residential; public and semi-public; commercial; industrial; and transportation, communication, and utilities. See Chapter 9.51, Use Classifications.

9.52.020.2520 Use Permit. A discretionary permit, such as a Minor Use Permit or Conditional Use Permit, which may be granted by the appropriate City authority to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right but which may be approved upon completion of a review process and, where necessary, the imposition of special conditions of approval by the permit granting authority.

See Chapter 9.41, Minor Use Permits and Conditional Use Permits.

9.52.020.2530 Use Type. A category which classifies similar uses based on common functional, product, or compatibility characteristics.

9.52.020.2540 Utilities. Equipment and associated features related to the mechanical functions of a building(s) and services such as water, electrical, telecommunications, and waste.

9.52.020.2550 Vibration. A periodic motion of the particles of an elastic body or medium in alternately opposite directions from the position of equilibrium.

9.52.020.2560 View Corridor. An area where there is a view of all or a portion of a panoramic subject, scene, or area.

9.52.020.2570 Wall. Any exterior surface of building or any part thereof, including windows.

9.52.020.2580 Window. An opening in a wall of a building that may be filled with glass or other material in a frame. They typically allow light and air into the interior of a building but also serve as vehicles for viewing merchandise in commercial properties.

9.52.020.2590 Primary Room Window. A glazed surface whose area is larger than any other glazed surface in a living room, dining room, family room, library, or similar such activity room in a dwelling unit.

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Packet Pg. 547 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 45 9.52.020.2600 Secondary Room Window. A glazed surface serving a bedroom, bathroom, kitchen, stairway, corridor, or storage area in a dwelling unit, or a non-primary window in a primary space.

9.52.020.2610 Yard. See Setback.

9.52.020.2620 Zoning Administrator. The Director of the Department of Planning and Community Development, or designee.

9.52.020.2630 Zoning District. A specifically delineated area or district in the City within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.

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Packet Pg. 548 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 1 DIVISION 6: LAND USE AND ZONING RELATED PROVISIONS
Chapter 9.55, Architectural Review
Chapter 9.56, Landmarks and Historic Districts
Chapter 9.64, Affordable Housing Production Program

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Packet Pg. 549 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 2 CHAPTER 9.55 ARCHITECTURAL REVIEW

9.55.120 Project Review by and Approval of Architectural Review Board A. Except as provided by Section 9.55.190 on administrative approval, no building permit shall be issued for any project in an architectural review district unless plans, elevations, or landscaping, have been approved by the Architectural Review Board or on appeal by the Planning Commission. In addition to those projects subject to administrative approval by the Director under Section 9.55.190, the Architectural Review Board, under authority of Section 9.55.070 of this Chapter, may, by resolution, authorize the Director to approve applications for building permits for minor or insignificant projects in an architectural review district, so long as such projects do not defeat the purposes and objectives of this Chapter.

B. No completed project that is subject to and receives the Architectural Review Board’s approval shall receive a certificate of occupancy or final building inspection approval until the Director certifies that such construction has complied with the conditions and restrictions, if any, imposed by the Architectural Review Board or on appeal by the Planning Commission, and that the final construction is in conformity with the plans approved by the Architectural Review Board or on appeal by the Planning Commission.

C. 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 design review approval by the Architectural Review Board shall be considered at a noticed public hearing in accordance with the procedures set forth in the Chapter. At the conclusion of a public hearing, or continued

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Packet Pg. 550 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 3 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. 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
E. For projects that require an Administrative Approval:

1. Except as provided in subsection 2, below, the Board shall issue its determination prior to issuance of the Administrative Approval by the Director.

2. Notwithstanding subsection 1, above, 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 c. The project conforms precisely to all applicable development standards and the Administrative Approval determination by the Director is ready to be issued.

F. For projects that require a Development Review Permit, the Architectural Review Board shall issue its determination prior to consideration of the project by the Planning Commission.

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Packet Pg. 551 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 4 G. 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.

C. Plans or proposals that require a Development Review Permit shall first be considered by the Architectural Review Board for a recommendation to the Planning Commission on the appropriateness of proposed urban design elements, including, but not limited to, siting, massing, scale, circulation, and general relationship to adjacent structures and the adjacent street.

D. Following a determination by the Planning Commission or applicable review authority, plans or proposals shall thereafter, when appropriate, be considered by the Architectural Review Board. The Architectural Review Board shall be authorized to approve, conditionally approve, or disapprove exterior elevations, landscaping, and general appearance and to impose such conditions as it believes reasonable and necessary, so long as any such conditions are not in conflict with any of the conditions or requirements of the Planning Commission or applicable review authority.

E The Architectural Review Board also shall have the authority to undertake review and approval of projects as authorized by the Zoning Ordinance or of sign permits as authorized by Chapter 9.61.

9.55.130 Applications and Forms Procedure for Project Review 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

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Packet Pg. 552 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 5 of the application, including but not limited to plans, concept diagrams, renderings, models, material samples or images of materials, 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.

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.

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Packet Pg. 553 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 6 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 Section 9.55.150. Submitted plans not in compliance with these requirements may be rejected by the Director.

9.55.150 Reserved Site Plans
A. A site plan shall be drawn to scale and shall indicate the following sufficiently for consideration of urban design, visual, and safety factors:

1. Dimensions and orientation of the parcel;

2. Location of buildings and structures both existing and proposed;

3. Location of off-street parking and loading facilities;

4. Location of points of entry and exit for motor vehicles and internal circulation factors;

5. Location of walls and fences and the indication of their height and the materials of their construction;

6. Indication of exterior lighting standards and devices adequate to review possible hazards and disturbances to the public and adjacent properties;

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.

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Packet Pg. 554 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 7 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 area.

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.

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Packet Pg. 555 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 8 43. 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.

54. 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.

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

76. 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.

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

98. New construction of and alterations to outdoor dining use areas permitted under Sections 9.31.199, Outdoor Commercial Uses on Private Property, and 9.31.200, Outdoor Dining and Seating on Sidewalks, including, but not limited to, railings, awnings, lighting, and other structures and appurtenances thereto.

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Packet Pg. 556 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 9 109. New freestanding walls or extensions to existing freestanding walls that are consistent with existing architecture.
1110. Landscape and irrigation plans for:
a. New landscaping less than 1,000 750 square feet in area that is visible from the public right-of-way (other than an alley), conforms to the City’s landscaping standards, and maintains existing mature trees wherever possible;
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. 1211. Notwithstanding anything to the contrary in this subsection A, the only projects subject to administrative design 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 design 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

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Packet Pg. 557 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 10 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.

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 design 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.

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Packet Pg. 558 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 11 CHAPTER 9.56 LANDMARKS AND HISTORIC DISTRICTS

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.

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

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Packet Pg. 559 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 12 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

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Packet Pg. 560 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 13 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.

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 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:

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Packet Pg. 561 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 14 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).

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

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Packet Pg. 562 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 15 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.

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

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Packet Pg. 563 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 16 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.

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.

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Packet Pg. 564 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 17 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.

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Packet Pg. 565 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 18 CHAPTER 9.64 AFFORDABLE HOUSING PRODUCTION PROGRAM

9.64.010 Findings and Purpose
The City’s affordable housing production program requires developers of market rate multiple-unit multi-family 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 long-standing 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.

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 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

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Packet Pg. 566 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 19 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% 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 80% income households include 50% income households.

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 threebedroom 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 multiple-unit multifamily 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 dwelling housing unit developed by a multipleunit multi-family project applicant pursuant to Section 9.64.050 or 9.64.060 of this Chapter

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Packet Pg. 567 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 20 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 affordable housing housing affordable to 30% income households, 50% income households, 80% income households or moderate income households.

I. Affordable Ownership Housing Cost means “affordable housing cost” as defined in Section 50052.5 of the Health and Safety Code, as amended from time to time in accordance with law 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% 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.

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.

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Packet Pg. 568 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 21 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 applicable to the Los Angeles-Long Beach Metropolitan Statistical Area, as published and periodically updated from time to time by HUD for the Los Angeles-Long Beach Metropolitan Statistical Area.

L. Dwelling Unit means dwelling unit as defined in Santa Monica Municipal Code Section 9.52.020.0730, or any successor thereto, and shall also include a unit in singleroom occupancy housing, as defined in Santa Monica Municipal Code Section

9.51.020(A)(1)(d)(ii), or any successor thereto One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with full cooking, sleeping and bathroom facilities for the exclusive use of a single household. Dwelling unit shall also include single-room occupancy units as defined in Santa Monica Municipal Code Section

9.52.020 or any successor thereto.

M. Floor Area means floor Floor area as defined in Santa Monica Municipal Code Section 9.52.020.0870, or any successor thereto.

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

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

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Packet Pg. 569 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 22 P. Housing Cost means housing. Housing cost has the same meaning as defined provided in Title 25, Section 6920 of the California Code of Regulations, as amended from time to time in accordance with law.

Q. HUD means the. 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.

RS. Market Rate Unit means a. A dwelling unit for as to which the rent rental rate or sales price is not restricted by this Chapter.

ST. 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 HCD; or (2) twice the income limit for 50% income households, adjusted for household size, as published and periodically updated by HUD.

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

UV. Multiple-unit Project Applicant Multi-Family Project Applicant means any. Any person, firm, partnership, association, joint venture, corporation, or any entity or

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Packet Pg. 570 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 23 combination of entities which seeks City development permits or approvals to develop a multiple-unit multi-family project.

VW. Multiple-Unit Residential District Multi-Family Residential District means any zoning. Any district designated in the City of Santa Monica Comprehensive Zoning Ordinance as a multiple-unit multi-family residential district.

WX. Parcel means parcel Parcel as defined in Santa Monica Municipal Code Section

9.52.020.1530, or any successor thereto.

XY. Rent means rent. Rent has the same meaning as defined provided 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 means a. A parcel in a multiple-unit multi-family 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.

9.64.030 Applicability of Chapter
A. The obligations established by this Chapter shall apply to each multiple-unit project involving the construction of two or more dwelling units, not including Accessory Dwelling Units or Junior Accessory Dwelling Units. Multiple-unit projects that have received ministerial or discretionary planning approvals on or prior to July 26, 2013, shall be subject

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Packet Pg. 571 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 24 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. 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 99 years; and

2. The project is a 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

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Packet Pg. 572 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 25 2. The project is 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 local, 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(E), 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 funding being sought.

D. A City-Designated Historic Resource that is retained and preserved on site as part of a multiple-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 a building permit for the project establishing that the Structure of Merit will be maintained for the life of the project.

A. The obligations established by this Chapter shall apply to each multi-family project involving the construction of two or more multi-family units. Multi-family projects that have 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

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Packet Pg. 573 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 26 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. Notwithstanding the above, a multi-family 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 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 the project is:

1. A 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.

2. 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 (c) 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

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Packet Pg. 574 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 27 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 credits being sought.

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

9.64.040 Affordable Housing Obligation
A. Except as provided in Section 9.23.030(A), no building permit shall be issued for any multiple-unit project unless such project has been approved in accordance with the standards and procedures set forth in this Chapter.

B. All applicants for multiple-unit projects shall satisfy the affordable housing obligation by choosing one of the following options:

1. Provide affordable housing units on-site in accordance with Section

9.64.050;

2. Provide affordable housing units off-site in accordance with Section

9.64.060;

3. For projects of five units or less, pay an affordable housing fee in accordance with Section 9.64.070(A); or

4. Acquire land for affordable housing in accordance with Section 9.64.080.

C. An application for a multiple-unit project will not be determined complete until the applicant has submitted a written proposal that demonstrates the manner in which the requirements of this Chapter will be met.

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Packet Pg. 575 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 28 A. Except as provided in Section 9.23.030(A), all multi-family project applicants shall comply with the requirements of this Chapter in the following manner:

1. Multi-family project applicants for multi-family ownership projects of four or more units in multi-family residential districts shall choose one of the two following options:
a. Providing affordable housing units on-site in accordance with Section

9.64.050;
b. Providing 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. Paying an affordable housing fee in accordance with Section

9.64.070;
b. Acquiring land for affordable housing in accordance with Section

9.64.080.

B. A multi-family project application will not be determined complete until the applicant has submitted a written proposal which demonstrates the manner in which the requirements of this Chapter will be met.

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

A. An applicant for a multiple-unit project of 6-19 units shall provide 15% of total units as affordable to no more than 80% income households.

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Packet Pg. 576 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 29 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 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

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Packet Pg. 577 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 30 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(B).

D. 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 multiple-unit projects, which list shall be updated periodically.

E. Affordable Housing Unit Requirements.

1. The multiple-unit project applicant may reduce the 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.

2. The unit mix percentage for affordable two- and three-bedroom housing units shall be equal to or greater than the unit mix percentage for the corresponding market rate units.

3. The unit mix percentage for affordable studio housing units shall not exceed 15% of the total number of affordable units required.

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

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Packet Pg. 578 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 31 total floor area, depending upon the number of bedrooms provided, of no less than the following:
0 bedrooms 500 square feet
1 bedroom 600 square feet
2 bedrooms 850 square feet
3 bedrooms 1,020 square feet
4 bedrooms 1,200 square feet

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
3 bedrooms 3 occupants
4 bedrooms 5 occupants

6. Affordable housing units must be evenly disbursed throughout the multipleunit project to prevent undue concentrations of affordable housing units.

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

G. On-site affordable housing units must be rental units.

H. Each multiple-unit project applicant, or their 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

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Packet Pg. 579 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 32 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 multiple-unit project applicant who meets the requirements of this Section shall be entitled to the density bonuses, incentives or concessions, and waivers or reductions of development standards provided by Chapter 9.22, or any successor thereto.

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.

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 multifamily 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

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Packet Pg. 580 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 33 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:

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;

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Packet Pg. 581 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 34 2. Ten percent of the total units of the project for 50% income households at affordable rent;

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

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

D. Except as provided in Section 9.23.030(A), any fractional affordable housing unit that results from the formulas of this Section that is 0.75 or more shall be treated as a whole affordable housing unit (i.e., any resulting fraction shall be rounded up to the next larger integer) and that unit shall also be built pursuant to the provisions of this Section.

Any fractional affordable housing unit that is less than 0.75 can be satisfied by the payment of an affordable housing fee for that fractional unit only pursuant to Section

9.64.070(A)(2) or by constructing all the mandatory on-site affordable units with 3 or more bedrooms. The City shall make available a list of income levels for 30% income households, 50% income households, 80% income households, and moderate income households, adjusted for household size, the corresponding maximum affordable rents adjusted by household size appropriate for the unit, and the minimum number of units required for 30% income households, 50% income households, or 80% income households required for typical sizes of multi-family projects, which list shall be updated periodically.

E. The multi-family project applicant may reduce either the size or interior amenities of the affordable housing units as long as there are not significant identifiable differences between affordable housing units and market rate units visible from the exterior of the

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Packet Pg. 582 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 35 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 affordable housing units may be one bedroom;

2. The proposed project comprises at least 95% zero bedroom units, excluding the manager’s unit, in which case the affordable housing units may be zero bedroom units;

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

4. The multi-family project applicant has elected not to pay the affordable housing fee pursuant to Section 9.64.070(A)(2), in which case the affordable housing units must be at least 3 bedroom units. The design of the affordable housing units shall be reasonably consistent with the market rate units in the project. An affordable housing unit shall have a 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 1,800 square feet 3 occupants
4 bedrooms 1,200 square feet 5 occupants

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Packet Pg. 583 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 36 Affordable housing units in multi-family projects of 100 units or more must be evenly disbursed throughout the multi-family project to prevent undue concentrations of affordable housing units.

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

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

H. Each multi-family project applicant, or his or her successor, shall submit an annual report to the City identifying which units are affordable units, the monthly rent (or total housing cost if an ownership unit), vacancy information for each affordable unit for the prior year, verification of income of the household occupying each affordable unit throughout the prior year, and such other information as may be required by City staff.

I. A multi-family project applicant in a residential district who meets the requirements of this Section shall be entitled to the density bonuses and incentives provided by Section

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

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Packet Pg. 584 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 37 by which housing developments shall have plan check review in advance of other pending developments to the extent authorized by law.

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

A. An applicant for a multiple-unit dwelling project consisting of 20 or more units shall agree to construct 5% more affordable housing units than the number of affordable housing units required by Section 9.64.050 (B).

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(B).

C. The off-site affordable housing units shall be affordable to 80% income households or lower.

D. The multiple-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.

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Packet Pg. 585 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 38 E. The off-site units may be located anywhere in the City except for within 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 F. The off-site units shall satisfy the requirements of subsections (D) through (J) of Section 9.64.050.

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Packet Pg. 586 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 39 G. Pooling 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 units in the project shall not be counted twice towards the satisfaction of any affordable housing obligation pursuant to this Chapter, but shall count towards eligibility for a density bonus in accordance with Chapter 9.22.

H. 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 market-rate housing project.

I. 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.

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

A. The multi-family project applicant for ownership projects of 4 or more units in multifamily residential districts shall agree to construct 25% more affordable housing units than number of affordable housing units required by Section 9.64.050(A) and (B).

B. For all other multi-family project applicants, the applicant shall agree to construct the same number of affordable housing units as specified in Section 9.64.050(C).

C. The multi-family 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.

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Packet Pg. 587 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 40 D. The off-site units shall be located within a one-quarter mile radius of the market rate units.

E. The off-site units shall satisfy the requirements of subsections (D) through (J) of Section 9.64.050.

F. The off-site units shall not count 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 a showing by the multi-family project applicant, based upon substantial evidence, that the location of offsite units in a location different from that specified in this Section better accomplishes the goals of this Chapter, including maximizing affordable housing production and dispersing affordable housing throughout the City.

H. 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.

9.64.070 Affordable Housing Fee
A multiple-unit project may satisfy the affordable housing obligations established by this Chapter by paying an affordable housing fee in accordance with the following requirements:

A. Multiple-unit projects of five units or less based on the following formula:
(Affordable housing unit base fee) x (floor area of multiple-unit project)

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Packet Pg. 588 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 41 B. Multiple-unit projects of six units or more with fractional affordable housing units of less than 0.5 based on the formula established in Section 9.64.050 and 9.64.060:
(City’s affordable housing unit development cost) x (fractional percentage) A multi-family project applicant eligible to meet 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. An affordable housing fee may be paid in accordance with the following formulas:

1. Affordable housing unit base fee x floor area of multi-family project;

2. Multi-family projects with fractional affordable housing units of less than

0.75 based on the formula established in Section 9.64.050:
(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 multiple-unit multi-family 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 multiple-unit multi-family project applicant must pay shall

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Packet Pg. 589 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 42 be based on the affordable housing unit development cost resolution in effect at the time of payment to the City.

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 multiple-unit multi-family 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 multiple-unit multi-family 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 multiple-unit multi-family 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 multipleunit multi-family project qualifies for a density bonus pursuant to Government Code Section 65915.

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Packet Pg. 590 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 43 9.64.080 Land Acquisition
A. A multiple-unit multi-family 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 multiple-unit multi-family 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 multiple-unit multi-family 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 multipleunit multi-family project applicant shall be required to meet the affordable housing obligation by other means set forth in this Chapter.

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

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Packet Pg. 591 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 44 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 multiple-unit multi-family project applicant who elects to pay an affordable housing fee shall not be eligible for any fee waiver under this Section.

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.

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 incomequalified households. Multiple-unit Multi-family project applicants shall be required to select households from the City-developed 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

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Packet Pg. 592 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 45 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. 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.

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 multiple-unit multi-family project applicant shall record submit 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 55 fifty-five 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 multiple-unit multi-family project applicants.

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.

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Packet Pg. 593 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 46 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 Planning planning 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.

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.

9.64.170 Adjustments or Waivers
A. A multiple-unit multi-family 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.

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Packet Pg. 594 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 47 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 multiple-unit multi-family 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 obligation requirement 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 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

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Packet Pg. 595 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 48 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.

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Packet Pg. 596 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 1 City Council Meeting: March 21, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA

AMENDING THE OFFICIAL DISTRICTING MAP FOR CONSISTENT DESIGNATION

OF IDENTIFIED PARCELS
WHEREAS, on July 6, 2010, the City Council adopted the Land Use and Circulation Element (“LUCE”) of the City’s General Plan including a General Plan Land Use Map; and
WHEREAS, the City’s new Zoning Ordinance, Chapters 9.01 through 9.52 of Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”), became effective on July 24, 2015, and included a revised Official Districting Map; and WHEREAS, on July 25, 2017, the City Council adopted the Downtown Community Plan which revised the Official Districting Map to include the DCP subareas; and WHEREAS, California Government Code Section 65860 was amended by SB 1333, which became effective on January 1, 2019, to require that Charter Cities have consistency between their General Plans and Zoning Ordinances; and WHEREAS, on July 17, 2019, the Planning Commission adopted Resolution Number 19-014, declaring its intention to consider recommending to the City Council that the City Council amend the land use designations in the General Plan Land Use Map and the Official Districting Map for consistent designation of identified parcels; and WHEREAS, the City has reviewed and analyzed the currently adopted General Plan Land Use and Official Districting (Zoning) Maps and identified specific parcels for which there are inconsistencies between the two maps that require resolving; and

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Packet Pg. 597 Attachment: Attachment F_CDD-Ord-Zoning Map Amendments 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 2 WHEREAS, California Government Code Section 66300 was added by SB 330, the Housing Crisis Act of 2019, and prohibits a local agency from changing the general plan land use designation, specific plan land use designation, or zoning of a parcel or parcels of property to a less intensive use or reducing the intensity of land use within an existing general plan land use designation, specific plan land use designation, or zoning district in effect at the time of the proposed change, below what was allowed under the land use designation or zoning ordinances of the affected county or affected city, as applicable, as in effect on January 1, 2018; and
WHEREAS, California Government Code Section 65915 et al., the State Density Bonus Law provides that, for purposes of determining maximum allowable residential density, if the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan or specific plan, the greater shall prevail; and
WHEREAS, on October 11, 2022, the City Council conducted a duly-noticed public hearing to consider adopting the amended 6th Cycle Housing Element, and after considering oral and written testimony, adopted Resolution Number 11469 (CCS), adopting an amended 6th Cycle Housing Element, which was certified by the State on October 14, 2022; and
WHEREAS, the Housing Element includes a variety of programs intended to achieve goals and policies related to new housing production for all income categories and the preservation of existing housing, ensuring there is equitable housing access to all neighborhoods, housing for the homeless including housing assistance and supportive services to low-income households, and eliminating housing discrimination; and

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Packet Pg. 598 Attachment: Attachment F_CDD-Ord-Zoning Map Amendments 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 3 WHEREAS, the Housing Element sets forth a range of goals, policies and programs, including, but not limited to, procedural changes related to streamlining the review of housing projects, updating development standards and the Affordable Housing Production Program (“AHPP”) to ensure housing projects are feasible, providing opportunities for housing in areas of the City that do not currently permit housing, incentivizing housing in areas of the City that have not historically supported housing production, amending the City’s density bonus ordinance to ensure consistency with State law and integration into the City’s land use system, and committing to the production of affordable housing on City-owned/publicly owned land; and WHEREAS, the Housing Element requires the City to implement certain programs through amendments to the Land Use and Circulation Element of the General Plan, the Bergamot Area Plan, the Downtown Community Plan, and the Zoning Ordinance in phases, subject to specified deadlines; and
WHEREAS, on February 1, 2023, the Planning Commission conducted a duly noticed public hearing, and, after considering oral and written testimony regarding the proposed amendments to the Official Districting Map, adopted Resolution Number 23- 006 (PCS), recommending that the City Council amend the Official Districting Map based on the following findings:

1. The change in district boundaries is consistent in principle with the General Plan in that the proposed amendments will achieve consistency between the General Plan Land Use designations and designations in the Official Districting Map;

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Packet Pg. 599 Attachment: Attachment F_CDD-Ord-Zoning Map Amendments 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 4 2. The change in district boundaries is consistent with the purpose of this Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare because the proposed changes will be consistent with State law provisions promoting housing development included in the Housing Crisis Act of 2019 (SB 330) as well as ensuring transparency and consistency for establishing maximum allowable density for purposes of State Density Bonus Law, which requires that where there is inconsistency between the density allowed under the zoning ordinance and the density allowed under the land use element of the General Plan or specific plan, the greater shall prevail; and

3. The change in district boundaries is necessary to achieve the balance of land uses desired by the City, consistent with the General Plan, and to increase the inventory of land within a given Zoning District in that the proposed changes will increase housing production consistent with the goals, policies, and programs set forth in the 6th Cycle (2021-2029) Housing Element of the General Plan.

WHEREAS, on March 21, 2023, the City Council conducted a duly noticed hearing, and, after considering all oral and written testimony, desires to amend the Official Districting Map as set forth below.

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

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Packet Pg. 600 Attachment: Attachment F_CDD-Ord-Zoning Map Amendments 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 5 SECTION 1. Based upon the oral and written testimony presented to the City Council at the public hearing on March 21, 2023, regarding the proposed changes to the Official Districting Map, the City Council hereby makes the following findings:

1. The changes in district boundaries are consistent in principle with the General Plan in that the amendments will achieve consistency between the General Plan Land Use designations and designations in the Official Districting Map;

2. The changes in district boundaries are consistent with the purpose of this Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare because the changes will be consistent with State law provisions promoting housing development included in the Housing Crisis Act of 2019 (SB 330) as well as ensuring transparency and consistency for establishing maximum allowable density for purposes of State Density Bonus Law, which requires that where there is inconsistency between the density allowed under the zoning ordinance and the density allowed under the land use element of the General Plan or specific plan, the greater shall prevail; and

3. The changes in district boundaries are necessary to achieve the balance of land uses desired by the City, consistent with the General Plan, and to increase the inventory of land within a given Zoning District in that the changes will increase housing production consistent with the goals,

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Packet Pg. 601 Attachment: Attachment F_CDD-Ord-Zoning Map Amendments 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 6 policies, and programs set forth in the 6th Cycle (2021-2029) Housing Element of the General Plan.

Section 2. The City of Santa Monica Official Districting Map is hereby amended as set forth in Exhibits A and B, attached hereto.

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

SECTION 4. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

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

APPROVED AS TO FORM:
_______________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 602 Attachment: Attachment F_CDD-Ord-Zoning Map Amendments 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 7 EXHIBIT A
Amendments to the Official Districting Map Listed By Parcel [BEHIND THIS PAGE]

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Packet Pg. 603 Attachment: Attachment F_CDD-Ord-Zoning Map Amendments 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 1 Parcels for Zoning Map Changes
# APN Address Street LUCE Designation
Current Zoning
Designation Existing Development/Use Zone Change SSI
1 4288004012 2938 2nd St Neighborhood Commercial OP2
Parking lot behind Main St.
retail NC
2 4289011020 1917 4th St Low Density Housing MUBL Multi-unit residential MUBL 3 4289012006 1916 4th St Low Density Housing
Split
(MUBL/OP2) Multi-unit residential MUBL
4 4283020040 1860 9th St
Low Density Housing/General Commercial
split R2 Multi-unit residential GC
5 4285027024 2920 10th St Low Density Housing R1 Multi-unit residential R2 6 4285027065 2921 10th St Low Density Housing R1 condos R2 7 4285027036 2920 11th St Low Density Housing R1 condos R2 8 4275007009 1453 21st St Health Care Mixed Use MUBL St. John's parking HMU 9 4270021071 2645 30th St Low Density Housing R1 2-unit residential R2 10 4270007005 2305 31st St Single-family residential Split R1/R2 Multi-unit residential R2 11 4270020020 2665 31st St Low Density Housing Split (R2/NC) Multi-unit residential NC

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Packet Pg. 604 Attachment: Attachment F_CDD-Ord-Zoning Map Amendments 032123 [Revision 1] (5570 : Housing 2 # APN Address Street LUCE Designation
Current Zoning
Designation Existing Development/Use Zone Change SSI
12 4268025012 1808 34th St Low Density Housing R1 Single-unit residence R2 13 4268025015 1811 34th St Low Density Housing R1 Single-unit residence R2 14 4292003028 715 California Ave Medium Density Housing R2 St. Monica's R3 15 4289015025 207 Hollister Ave Neighborhood Commercial OP2 Multi-tenant Commercial NC 16 4292003027 1030 Lincoln Blvd Medium Density Housing R2 St. Monica's R3 17 4285027083 810 Ashland Low Density Housing Split (R1/R2) Multi-unit residential;
recently constructed. With
access from Ashland Ave. R2
18 4287032013 810 Navy St General Commercial OP1 Single-unit residence GC 19 4284025028 1343 Ocean Park Blvd
Single Family Housing/Medium Density
Housing split Split (R1/R3) Mt. Olive Lutheran Church; R3X 20 4287032019 811 Ozone St General Commercial OP1 Single-unit residence GC 21 4284033001 1302 Pico Blvd Neighborhood Commercial Split (NC/R2) Multi-tenant Commercial NC 22 4284033003 1310 Pico Blvd Neighborhood Commercial Split (NC/R2) Automotive Repair NC 23 4284033018 1310 Pico Blvd Neighborhood Commercial Split (NC/R2) Automotive Repair NC

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Packet Pg. 605 Attachment: Attachment F_CDD-Ord-Zoning Map Amendments 032123 [Revision 1] (5570 : Housing 3 # APN Address Street LUCE Designation
Current Zoning
Designation Existing Development/Use Zone Change SSI
24 4284033019 1320 Pico Blvd Neighborhood Commercial Split (NC/R2) Automotive Repair NC 25 4274026019 2019 Pico Blvd
Neighborhood Commercial/Low Density
Housing split Split (MUBL/R2) Multi-unit residential MUBL 26 4274026020 2029 Pico Blvd
Neighborhood Commercial/Low Density
Housing split Split (MUBL/R2)
Rear half of Pizza Hut with a
parking lot MUBL
27 4270006041 3018 Pico Blvd Neighborhood Commercial Split (NC/R2) Retail/2nd floor office NCX 28 4270006042 3024 Pico Blvd Neighborhood Commercial Split (NC/R2) Multi-unit residential NCX 29 4270006043 3026 Pico Blvd Neighborhood Commercial Split (NC/R2) Retail/2nd floor office NCX 30 4268025002 1811 Warwick Ave Low Density Housing R1 Single-unit residence R2 31 4281019026 1217 Wilshire Mixed Use Boulevard/Low Density Housing Split (R2/MUB) Multi-tenant Commercial MUB 32 4285027021 813 Wilson Pl Low Density Housing R1 Single-unit residence R2 33 4285027019 823 Wilson Pl Low Density Housing R1
Multi-unit residential (2
units) R2

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Packet Pg. 606 Attachment: Attachment F_CDD-Ord-Zoning Map Amendments 032123 [Revision 1] (5570 : Housing 8 EXHIBIT B
Map of Amendments to the Official Districting Map
[BEHIND THIS PAGE]

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Packet Pg. 607 Attachment: Attachment F_CDD-Ord-Zoning Map Amendments 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins))

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Packet Pg. 608 Attachment: Attachment F_CDD-Ord-Zoning Map Amendments 032123 [Revision 1] (5570 : Housing City Council Meeting: March 21, 2023 Santa Monica, California RESOLUTION NUMBER _____ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA

AMENDING THE SANTA MONICA GENERAL PLAN LAND USE MAP FOR

CONSISTENT DESIGNATION OF IDENTIFIED PARCELS
WHEREAS, on July 6, 2010, the City Council adopted the Land Use and Circulation Element (“LUCE”) of the City’s General Plan including a General Plan Land Use Map; and
WHEREAS, the City’s new Zoning Ordinance, Chapters 9.01 through 9.52 of Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”), became effective on July 24, 2015, and included a revised Official Districting Map; and WHEREAS, on July 25, 2017, the City Council adopted the Downtown Community Plan which revised the Official Districting Map to include the DCP subareas; and WHEREAS, California Government Code Section 65860 was amended by SB 1333, which became effective on January 1, 2019, to require that Charter Cities have consistency between their General Plans and Zoning Ordinances; and WHEREAS, on July 17, 2019, the Planning Commission adopted Resolution Number 19-014, declaring its intention to consider recommending to the City Council that the City Council amend the land use designations in the General Plan Land Use Map and the Official Districting Map for consistent designation of identified parcels; and WHEREAS, the City has reviewed and analyzed the currently adopted General Plan Land Use and Official Districting (Zoning) Maps and identified specific parcels for which there are inconsistencies between the two maps that require resolving; and

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Packet Pg. 609 Attachment: Attachment E_CDD-Reso-Map Amendments (LUCE) 032123 [Revision 2] (5570 : Housing Element Implementation (120 mins)) WHEREAS, California Government Code Section 66300 was added by SB 330, the Housing Crisis Act of 2019, and prohibits a local agency from changing the general plan land use designation, specific plan land use designation, or zoning of a parcel or parcels of property to a less intensive use or reducing the intensity of land use within an existing general plan land use designation, specific plan land use designation, or zoning district in effect at the time of the proposed change, below what was allowed under the land use designation or zoning ordinances of the affected county or affected city, as applicable, as in effect on January 1, 2018; and
WHEREAS, California Government Code Section 65915 et al., the State Density Bonus Law provides that, for purposes of determining maximum allowable residential density, if the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan or specific plan, the greater shall prevail; and
WHEREAS, on October 11, 2022, the City Council conducted a duly-noticed public hearing to consider adopting the amended 6th Cycle Housing Element, and after considering oral and written testimony, adopted Resolution Number 11469 (CCS), adopting an amended 6th Cycle Housing Element, which was certified by the State on October 14, 2022; and
WHEREAS, the Housing Element includes a variety of programs intended to achieve goals and policies related to new housing production for all income categories and the preservation of existing housing, ensuring there is equitable housing access to all neighborhoods, housing for the homeless including housing assistance and supportive services to low-income households, and eliminating housing discrimination; and

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Packet Pg. 610 Attachment: Attachment E_CDD-Reso-Map Amendments (LUCE) 032123 [Revision 2] (5570 : Housing Element Implementation (120 mins)) WHEREAS, the Housing Element sets forth a range of goals, policies and programs, including, but not limited to, procedural changes related to streamlining the review of housing projects, updating development standards and the Affordable Housing Production Program (“AHPP”) to ensure housing projects are feasible, providing opportunities for housing in areas of the City that do not currently permit housing, incentivizing housing in areas of the City that have not historically supported housing production, amending the City’s density bonus ordinance to ensure consistency with State law and integration into the City’s land use system, and committing to the production of affordable housing on City-owned/publicly owned land; and WHEREAS, the Housing Element requires the City to implement certain programs through amendments to the Land Use and Circulation Element of the General Plan, the Bergamot Area Plan, the Downtown Community Plan, and the Zoning Ordinance in phases, subject to specified deadlines; and
WHEREAS, on February 1, 2023, the Planning Commission conducted a dulynoticed public hearing, and after considering oral and written testimony, adopted a Resolution of Recommendation, Resolution Number 23-006 (PCS), recommending that the City Council amend the General Plan Land Use Map for consistent designation and in light of State law requirements, consistent with implementation of the 6th Cycle Housing Element; and
WHEREAS, on March 21, 2023, the City Council conducted a duly noticed public hearing to consider the recommendation of the Planning Commission, and, after considering all oral and written testimony, desires to adopt the proposed amendments to the General Plan Land Use Map.

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Packet Pg. 611 Attachment: Attachment E_CDD-Reso-Map Amendments (LUCE) 032123 [Revision 2] (5570 : Housing Element Implementation (120 mins))

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. Amendments to the General Plan Map. Pursuant to Santa Monica Municipal Code Section 9.45.080, the City Council does hereby amend the General Plan Land Use Map as set forth in Exhibits A and B, attached to this Resolution.

SECTION 2. The Director of the Community Development Department shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 612 Attachment: Attachment E_CDD-Reso-Map Amendments (LUCE) 032123 [Revision 2] (5570 : Housing Element Implementation (120 mins))

EXHIBIT A
Amendments to the General Plan Map Listed By Parcel
[BEHIND THIS PAGE]

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Packet Pg. 613 Attachment: Attachment E_CDD-Reso-Map Amendments (LUCE) 032123 [Revision 2] (5570 : Housing Element Implementation (120 mins)) 4 Parcel for LUCE Map Changes
# APN Address Street Current LUCE Designation
Zoning
Designation Existing Development/Use LUCE Change SSI
1 4283020040 1860 9th St
Low Density Housing/General
Commercial split R2 Multi-unit residential
General
Commercial
2 4275010016 1443 18th St Low Density Housing MUBL 2-unit residential Mixed Use
Boulevard Low X
3 4275009013 1441 19th St. Low Density Housing MUBL Multi-unit residential Mixed Use
Boulevard Low
4 4275010009 1442 19th St. Low Density Housing MUBL Multi-unit residential Mixed Use
Boulevard Low
5 4275009009 1450 20th St.

Low Density Housing/Mixed Use
Boulevard Low split MUBL
Surface parking for
commercial on Broadway
Mixed Use
Boulevard Low X
6 4270007005 2305 31st St Single-family residential Split R1/R2 Multi-unit residential Low Density
Residential
7 4270020020 2665 31st St Low Density Housing Split (R2/NC) Multi-unit residential Neighborhood
Commercial
8 4289002047 2102 Lincoln Blvd
Low Density Housing/General
Commercial split GC Santa Monica Motel
General
Commercial
9 4289018003 2015 Main St
Low Density
Housing/Neighborhood
Commercial split NC
Market (Santa Monica
Farms)
Neighborhood
Commercial
10 4284025028 1343 Ocean Park Blvd
Single Family Housing/Medium
Density Housing split Split (R1/R3) Mt. Olive Lutheran Church; Medium Density
Housing X

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Packet Pg. 614 Attachment: Attachment E_CDD-Reso-Map Amendments (LUCE) 032123 [Revision 2] (5570 : Housing 5 # APN Address Street Current LUCE Designation
Zoning
Designation Existing Development/Use LUCE Change SSI
11 4270019052 3205 Ocean Park Blvd NC/Low Density Residential split NC Multi-tenant Office
complex with rear surface
parking.

Neighborhood
Commercial
12 4274026019 2019 Pico Blvd
Neighborhood Commercial/Low
Density Housing split
Split
(MUBL/R2) Multi-unit residential
Mixed Use
Boulevard Low
13 4274026020 2029 Pico Blvd
Neighborhood Commercial/Low
Density Housing split
Split
(MUBL/R2)
Rear half of Pizza Hut with a
parking lot
Mixed Use
Boulevard Low
14 4281019026 1217 Wilshire
Mixed Use Boulevard/Low Density
Housing Split (R2/MUB) Multi-tenant Commercial
Mixed Use
Boulevard

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Packet Pg. 615 Attachment: Attachment E_CDD-Reso-Map Amendments (LUCE) 032123 [Revision 2] (5570 : Housing

EXHIBIT B
Map of Amendments to the General Plan Land Use Map
[BEHIND THIS PAGE]

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Packet Pg. 616 Attachment: Attachment E_CDD-Reso-Map Amendments (LUCE) 032123 [Revision 2] (5570 : Housing Element Implementation (120 mins))

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Packet Pg. 617 Attachment: Attachment E_CDD-Reso-Map Amendments (LUCE) 032123 [Revision 2] (5570 : Housing 1 City Council Meeting: March 21, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA

AMENDING THE OFFICIAL DISTRICTING MAP FOR DESIGNATION OF PROPERTIES LOCATED AT 1811 WARWICK AVENUE AND 1808 34TH STREET WHEREAS, on July 6, 2010, the City Council adopted the Land Use and Circulation Element (“LUCE”) of the City’s General Plan including a General Plan Land Use Map; and
WHEREAS, the City’s new Zoning Ordinance, Chapters 9.01 through 9.52 of Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”), became effective on July 24, 2015, and included a revised Official Districting Map; and WHEREAS, on July 25, 2017, the City Council adopted the Downtown Community Plan which revised the Official Districting Map to include the DCP subareas; and WHEREAS, California Government Code Section 65860 was amended by SB 1333, which became effective on January 1, 2019, to require that Charter Cities have consistency between their General Plans and Zoning Ordinances; and WHEREAS, on July 17, 2019, the Planning Commission adopted Resolution Number 19-014, declaring its intention to consider recommending to the City Council that the City Council amend the land use designations in the General Plan Land Use Map and the Official Districting Map for consistent designation of identified parcels, including the properties located at 1811 Warwick Avenue and 1808 34th Street; and

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Packet Pg. 618 Attachment: Attachment G_CDD-Ord-1811 Warwick 1808 34th Zone Changes 032123 [Revision 1] (5570 : Housing Element Implementation (120 2 WHEREAS, the City has reviewed and analyzed the currently adopted General Plan Land Use and Official Districting (Zoning) Maps and identified inconsistencies between the two maps for the properties located at 1811 Warwick Avenue and 1808 34th Street that require resolving; and
WHEREAS, California Government Code Section 66300 was added by SB 330, the Housing Crisis Act of 2019, and prohibits a local agency from changing the general plan land use designation, specific plan land use designation, or zoning of a parcel or parcels of property to a less intensive use or reducing the intensity of land use within an existing general plan land use designation, specific plan land use designation, or zoning district in effect at the time of the proposed change, below what was allowed under the land use designation or zoning ordinances of the affected county or affected city, as applicable, as in effect on January 1, 2018; and
WHEREAS, California Government Code Section 65915 et al., the State Density Bonus Law provides that, for purposes of determining maximum allowable residential density, if the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan or specific plan, the greater shall prevail; and
WHEREAS, on October 11, 2022, the City Council conducted a duly-noticed public hearing to consider adopting the amended 6th Cycle Housing Element, and after considering oral and written testimony, adopted Resolution Number 11469 (CCS), adopting an amended 6th Cycle Housing Element, which was certified by the State on October 14, 2022; and

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Packet Pg. 619 Attachment: Attachment G_CDD-Ord-1811 Warwick 1808 34th Zone Changes 032123 [Revision 1] (5570 : Housing Element Implementation (120 3 WHEREAS, the Housing Element includes a variety of programs intended to achieve goals and policies related to new housing production for all income categories and the preservation of existing housing, ensuring there is equitable housing access to all neighborhoods, housing for the homeless including housing assistance and supportive services to low-income households, and eliminating housing discrimination; and WHEREAS, the Housing Element sets forth a range of goals, policies and programs, including, but not limited to, procedural changes related to streamlining the review of housing projects, updating development standards and the Affordable Housing Production Program (“AHPP”) to ensure housing projects are feasible, providing opportunities for housing in areas of the City that do not currently permit housing, incentivizing housing in areas of the City that have not historically supported housing production, amending the City’s density bonus ordinance to ensure consistency with State law and integration into the City’s land use system, and committing to the production of affordable housing on City-owned/publicly owned land; and WHEREAS, the Housing Element requires the City to implement certain programs through amendments to the Land Use and Circulation Element of the General Plan, the Bergamot Area Plan, the Downtown Community Plan, and the Zoning Ordinance in phases, subject to specified deadlines; and
WHEREAS, on February 1, 2023, the Planning Commission conducted a duly noticed public hearing, and, after considering oral and written testimony regarding the proposed amendments to the Official Districting Map, adopted Resolution Number 23- 006 (PCS), recommending that the City Council amend the Official Districting Map for

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Packet Pg. 620 Attachment: Attachment G_CDD-Ord-1811 Warwick 1808 34th Zone Changes 032123 [Revision 1] (5570 : Housing Element Implementation (120 4 identified parcels, including, but not limited to the properties located at 1811 Warwick Avenue and 1808 34th Street, based on the following findings:

2. The change in district boundaries is consistent with the purpose of this Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare because the proposed changes will be consistent with State law provisions promoting housing development included in the Housing Crisis Act of 2019 (SB 330) as well as ensuring transparency and consistency for establishing maximum allowable density for purposes of State Density Bonus Law, which requires that where there is inconsistency between the density allowed under the zoning ordinance and the density allowed under the land use element of the General Plan or specific plan, the greater shall prevail; and

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Packet Pg. 621 Attachment: Attachment G_CDD-Ord-1811 Warwick 1808 34th Zone Changes 032123 [Revision 1] (5570 : Housing Element Implementation (120 5 WHEREAS, on March 21, 2023, the City Council conducted a duly noticed hearing, and, after considering all oral and written testimony, desires to amend the Official Districting Map for the properties located at 1811 Warwick Avenue and 1808 34th Street as set forth below.

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

SECTION 1. Based upon the oral and written testimony presented to the City Council at the public hearing on March 21, 2023, regarding the proposed changes to the Official Districting Map for the properties located at 1811 Warwick Avenue and 1808 34th Street, the City Council hereby makes the following findings:

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Packet Pg. 622 Attachment: Attachment G_CDD-Ord-1811 Warwick 1808 34th Zone Changes 032123 [Revision 1] (5570 : Housing Element Implementation (120 6 use element of the General Plan or specific plan, the greater shall prevail; and

Section 2. The City of Santa Monica Official Districting Map is hereby amended as set forth in Exhibits A and B, attached hereto.

SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official

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Packet Pg. 623 Attachment: Attachment G_CDD-Ord-1811 Warwick 1808 34th Zone Changes 032123 [Revision 1] (5570 : Housing Element Implementation (120 7 newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
_______________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 624 Attachment: Attachment G_CDD-Ord-1811 Warwick 1808 34th Zone Changes 032123 [Revision 1] (5570 : Housing Element Implementation (120 8 EXHIBIT A
Amendments to the Official Districting Map for 1811 Warwick Avenue and 1808 34th Street
[BEHIND THIS PAGE]

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Packet Pg. 625 Attachment: Attachment G_CDD-Ord-1811 Warwick 1808 34th Zone Changes 032123 [Revision 1] (5570 : Housing Element Implementation (120 1 Zoning Map Changes for 1811 Warwick Avenue and 1808 34th Street # APN Address Street LUCE Designation
Current Zoning
Designation Existing Development/Use Zone Change SSI
1 4268025002 1811 Warwick Ave Low Density Housing R1 Single-unit residence R2 2 4268025012 1808 34th St Low Density Housing R1 Single-unit residence R2

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Packet Pg. 626 Attachment: Attachment G_CDD-Ord-1811 Warwick 1808 34th Zone Changes 032123 [Revision 1] (5570 :
9 EXHIBIT B
Map of Amendments to the Official Districting Map
[BEHIND THIS PAGE]

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Packet Pg. 627 Attachment: Attachment G_CDD-Ord-1811 Warwick 1808 34th Zone Changes 032123 [Revision 1] (5570 : Housing Element Implementation (120

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Packet Pg. 628 Attachment: Attachment G_CDD-Ord-1811 Warwick 1808 34th Zone Changes 032123 [Revision 1] (5570 :
1 City Council Meeting: March 21, 2023 Santa Monica, California ORDINANCE NUMBER _____ (CCS)
(City Council Series)

AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SANTA MONICA TO EXTEND INTERIM ZONING REGULATIONS ESTABLISHED BY EMERGENCY INTERIM ZONING ORDINANCE 2633 (CCS) AND

AMENDED AND EXTENDED BY EMERGENCY INTERIM ZONING ORDINANCES 2645, 2692 AND 2699 (CCS) AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 9.39 AND SECTION 9.40.020 TO INCREASE THRESHOLDS FOR

REVIEW OF ONE HUNDRED PERCENT AFFORDABLE HOUSING PROJECTS AND

HOUSING PROJECTS SUBJECT TO THE HOUSING ACCOUNTABILITY ACT BY

ADMINISTRATIVE APPROVAL
WHEREAS, the State is experiencing a housing supply crisis, with housing demand far outstripping supply; and
WHEREAS, in 2018, California ranked 49th out of the 50 states in housing units per capita; and
WHEREAS, housing crisis has particularly exacerbated the need for affordable homes at prices below market rates; and
WHEREAS, the housing crisis has resulted in increased poverty and homelessness, especially first-time homelessness, forced lower income residents into crowded and unsafe housing in urban areas, and forced families into lower cost new housing at the urban-rural interface with longer commute times and a higher exposure to fire hazard; and

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Packet Pg. 629 Attachment: Attachment H_CDD-Housing Process Thresholds 4th IZO Extension 03.21.2023 [Revision 2] (5570 : Housing Element 2 WHEREAS, California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over the next 7 years; and
WHEREAS, the City’s Regional Housing Needs Assessment (“RHNA”) for the 6th Cycle Housing Element is an allocation of approximately 8,800 units, of which 69% would be affordable housing; and
WHEREAS, on July 6, 2010, the City Council adopted the Land Use and Circulation Element of the City’s General Plan (“LUCE”) which designates the proposed general distribution, location and extent of land uses within the City; and WHEREAS, the LUCE was adopted after an extensive planning process, and addresses neighborhood conservation and enhancement; integrated land use and transportation; proactive congestion management; complete neighborhoods with increased open space; community benefits; quality urban character and form; preservation of historic resources; and growth management; and WHEREAS, the LUCE differs from prior Land Use and Circulation elements, in part, by establishing a direct link between land use and transportation policies and programs and the establishment of new development policies and standards which ensure that quality development contributes to the character of the City; and WHEREAS, the LUCE establishes a base height for each land use as a baseline, and proposed development which seeks additional height above the base height is subject to discretionary review and must meet additional requirements consistent with the community’s broader social, environmental, and circulation goals – an approach defined in three tiers; and

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Packet Pg. 630 Attachment: Attachment H_CDD-Housing Process Thresholds 4th IZO Extension 03.21.2023 [Revision 2] (5570 : Housing Element 3 WHEREAS, the LUCE provides certain bonuses, concessions and incentives for one hundred percent affordable housing projects, including a provision that allows for ministerial approval for projects of up to 50 units in size; and WHEREAS, on September 11, 2013, the City Council adopted the Bergamot Area Plan (“BAP”), which provides policies and standards to transition 142.5 acres of former industrial lands into an arts-focused, transit-oriented, mixed use, pedestrian-oriented neighborhood anchored by the Bergamot Exposition Light Rail Station; and WHEREAS, the BAP envisions creating the City’s most sustainable neighborhood—one that both conserves the authentic, industrial character that has fostered a creative community in the area and removes barriers to housing, local restaurants and services to take full advantage of the arrival of the Exposition Light Rail; and
WHEREAS, the BAP encourages and creates opportunities to develop appropriate housing for all members of the community, with a target of at least 30% of housing affordable to people earning between 30% and 180% of the area median income; and WHEREAS, the BAP sets forth certain thresholds for processing development projects, including housing projects, in the plan area; and WHEREAS, on July 25, 2017, the City Council adopted the Downtown Community Plan (“DCP”) which sets forth the City’s vision of the Downtown as a high quality, mixeduse district offering opportunities for housing for people across the income spectrum, jobs, arts and culture, local serving retail, and community and visitor gathering places; and WHEREAS, in the DCP, Downtown housing projects are encouraged to support a strong and economically diverse residential neighborhood component; and

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Packet Pg. 631 Attachment: Attachment H_CDD-Housing Process Thresholds 4th IZO Extension 03.21.2023 [Revision 2] (5570 : Housing Element 4 WHEREAS, the DCP supports that encouragement by differentiating between housing projects and commercial projects and provides for various incentives for housing projects, including streamlined processing by allowing for ministerial review of all one hundred percent affordable housing projects and any other housing project up to 75,000 square feet; and
WHEREAS, the Zoning Ordinance implements the process thresholds for review of housing projects consistent with the LUCE, BAP, and DCP by requiring projects subject to ministerial review to be reviewed by the Administrative Approval process and projects that exceed ministerial review process thresholds to be reviewed by the Development Review Permit process; and
WHEREAS, a RHNA allocation of 8,880 units with 69% affordability in the 6th Cycle Housing Element will require the City to permit approximately 1,000 housing units a year between 2021 and 2029, 700 of which each year are required to be affordable housing; and
WHEREAS, 100% affordable housing projects, with challenges in available funding, are turning to financing sources such as tax credits, which establish a strict schedule for obtaining entitlements and building permits which are more easily met with a ministerial, rather than discretionary, review process; and WHEREAS, the Housing Accountability Act, California Government Code Section 65589.5 (the “HAA”), places strict limitations on the City’s discretion to deny, reduce the density of, or place conditions on a housing project that complies with objective general plan, zoning, and subdivision standards and criteria, including design review standards in effect at the time the application is determined complete; and

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Packet Pg. 632 Attachment: Attachment H_CDD-Housing Process Thresholds 4th IZO Extension 03.21.2023 [Revision 2] (5570 : Housing Element 5 WHEREAS, requiring discretionary review for housing projects that comply with objective general plan, zoning, and subdivision standards and criteria, including design review standards in effect at the time the application is determined complete, adds time and expense to housing production without providing any meaningful benefit to the community; and
WHEREAS, on December 10, 2019, the City Council conducted a study session on housing policy in part to discuss options for increasing housing production throughout the City with a particular emphasis on incentivizing one hundred percent affordable housing projects, and considered whether increasing the thresholds for ministerial review of certain housing projects would further stimulate housing production; and WHEREAS, on February 5, 2020, the Planning Commission adopted a Resolution of Intention, Resolution Number 20-002 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the LUCE, the BAP, and the DCP to increase the thresholds for ministerial review of one hundred percent affordable housing projects and housing projects subject to the HAA; and WHEREAS, on February 19, 2020, the Planning Commission conducted a duly noticed public hearing, and after considering oral and written testimony regarding the proposed amendments to the text of the LUCE, BAP, and DCP, adopted a Resolution of Recommendation, Resolution Number 20-005 (PCS) recommending to the City Council that the City Council adopt the proposed amendments; and WHEREAS, on March 10, 2020, the City Council conducted a duly noticed public hearing to consider the recommendation of the Planning Commission, and, after considering all oral and written testimony, adopted Resolutions Numbers 11237 (CCS),

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Packet Pg. 633 Attachment: Attachment H_CDD-Housing Process Thresholds 4th IZO Extension 03.21.2023 [Revision 2] (5570 : Housing Element 6 11238 (CCS), and 11239 (CCS) to amend the LUCE, BAP, and DCP to increase the thresholds for ministerial review of one hundred percent affordable housing projects and housing projects subject to the HAA; and
WHEREAS, on March 10, 2020, the City Council adopted emergency Interim Zoning Ordinance Number 2633 (CCS) (“Interim Zoning Ordinance 2633”), which immediately permitted one hundred percent affordable housing projects and housing projects subject to the HAA that do not exceed Tier 2 maximums to be processed by Administrative Approval rather than a Development Review Permit under certain conditions; and
WHEREAS, pursuant to Santa Monica Municipal Code Section 9.46.090(C), Interim Zoning Ordinance 2633 was set expire sixty days after its effective date, or on May 9, 2020; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (the “Executive Order”); and
WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order (the “Revised Fourth Supplement”) which, in part, extended all Interim Zoning Ordinances in effect during the term of the Order; and

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Packet Pg. 634 Attachment: Attachment H_CDD-Housing Process Thresholds 4th IZO Extension 03.21.2023 [Revision 2] (5570 : Housing Element 7 WHEREAS, on August 25, 2020, the City Council adopted emergency Interim Zoning Ordinance Number 2645 (CCS), which extended the interim zoning regulations adopted by Interim Zoning Ordinance 2633 (the “interim zoning regulations”) to December 31, 2021; and
WHEREAS, Interim Zoning Ordinance 2645 also amended the interim zoning regulations to accord with the ordinance the City Council introduced for first reading on August 25, 2020 to add Santa Monica Municipal Code Chapter 6.22: Residential Leasing Requirements, and provide more certainty for landlords and tenants, amended the interim zoning regulations to require that all leases be made to tenants who will use and occupy the rental housing unit as the tenants’ “primary residence” rather than “domicile” as that term is defined by Elections Code Section 349(b) and that all leases be in writing and provide for a minimum initial term of one year; and
WHEREAS, on September 8, 2020, the City Council adopted Ordinance Number 2650 (CCS), adopting Chapter 6.22, Residential Leasing Requirements (“Chapter 6.22”), which requires that all residential housing units must be leased to natural persons, tenants leasing residential housing units must use and occupy the residential housing unit as the tenant’s primary residence, all residential housing units must be leased for an initial lease term of at least one year, and all residential housing units must be delivered unfurnished; and
WHEREAS, on October 27, 2020, the City Council adopted Ordinance Number 2655 (CCS), which amended Chapter 6.22 to: expand options to demonstrate proof of primary residence to ensure undocumented students have access to rental housing; exempt certain leases of owner-occupied single- and multiple-unit dwellings, and

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Packet Pg. 635 Attachment: Attachment H_CDD-Housing Process Thresholds 4th IZO Extension 03.21.2023 [Revision 2] (5570 : Housing Element 8 accessory dwelling units and junior accessory dwelling units located on parcels with owner-occupied single-unit dwellings, and leases that provide for temporary relocation housing for tenants who are subject to temporary relocation under Santa Monica Municipal Code Sections 4.36.100 or 8.100.030 from the residential leasing requirements; and
WHEREAS, in accordance with Santa Monica Municipal Code Section 6.22.130, the Director of the Community Development Department has promulgated administrative regulations, which were most recently updated on January 29, 2021, related to noticing procedures and requirements and to further clarify applicability of Chapter 6.22; and WHEREAS, on October 12, 2021, the City Council adopted the 6th Cycle (2021- 2029) Housing Element, which, pursuant to Program 1A, requires the City to make permanent amendments to the Zoning Ordinance to implement the interim zoning regulations, with revisions, no later than March 31, 2022, and extend the interim zoning regulations pending full implementation of Program 1A; and WHEREAS, on October 29, 2021, the Director of Emergency Services issued a Forty-First Supplement to the Executive Order to extend certain provisions of the Executive Order, including Section 6 of the Revised Fourth Supplement extending all Interim Zoning Ordinances, through January 31, 2022; and WHEREAS, on January 25, 2022, the City Council adopted Emergency Interim Zoning Ordinance Number 2692 (CCS), which: extended the interim zoning regulations until May 31, 2022, in anticipation of enactment of permanent changes to the Zoning Ordinance in accordance with Program 1A of the 6th Cycle Housing Element; removed the deed restriction obligations in order to avoid inconsistency with the provisions of

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Packet Pg. 636 Attachment: Attachment H_CDD-Housing Process Thresholds 4th IZO Extension 03.21.2023 [Revision 2] (5570 : Housing Element 9 Chapter 6.22; and, limited eligibility under the interim zoning regulations to Tier 2 projects located on parcels that do not exceed 43,560 square feet, or one acre, in order to increase opportunities for community input for larger projects; and WHEREAS, on February 8, 2022, pursuant to California Government Code Section 65585(h), the City received a letter from the California Department of Housing and Community Development, which determined that the City’s 6th Cycle Housing Element addresses many statutory requirements but that revisions would be necessary to comply with State Housing Element Law; and
WHEREAS, upon receipt of HCD’s February 8, 2022 letter, the City began the process of reviewing which revisions to the 6th Cycle Housing Element may be necessary to comply with State Housing Element law; and
WHEREAS, on April 12, 2022, the City Council adopted emergency Interim Zoning Ordinance Number 2699 (CCS) to allow the City adequate time to review and revise the 6th Cycle Housing Element as may be necessary to ensure consistency with State Housing Element law; and
WHEREAS, on July 8, 2022, the City submitted the draft revised Housing Element to HCD for review and comment; and
WHEREAS, on September 6, 2022, HCD issued a letter determining that the Draft Revised Housing Element will comply with State Housing Element Law once adopted, submitted to, and reviewed by, HCD; and
WHEREAS, implementation dates for the June 21, 2022 draft amended 6th Cycle Housing Element have been updated to allow for an extension for rezoning should the City meet all conditions set forth in Government Code Section 65583.4; and

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Packet Pg. 637 Attachment: Attachment H_CDD-Housing Process Thresholds 4th IZO Extension 03.21.2023 [Revision 2] (5570 : Housing Element 10 WHEREAS, on September 22, 2022, Planning Commission conducted a duly noticed public hearing to consider recommending to the City Council that the City Council adopt the amended 6th Cycle Housing Element, and after considering oral and written testimony, adopted Resolution Number 220-18 (PCS) recommending that the City Council adopt the amended the 6th Cycle Housing Element; and WHEREAS, on October 11, 2022, the City Council conducted a duly-noticed public hearing to consider adopting the amended 6th Cycle Housing Element, and after considering oral and written testimony, adopted Resolution Number 11469 (CCS), adopting an amended 6th Cycle Housing Element, which was certified by the State on October 14, 2022; and
WHEREAS, the Housing Element requires the City to implement certain programs through amendments to the Land Use and Circulation Element of the General Plan, the Bergamot Area Plan, the Downtown Community Plan, and the Zoning Ordinance in phases, subject to specified deadlines; and
WHEREAS, the Housing Element requires the City to implement Program 1A, which proposes to make the interim zoning regulations permanent, no later than October 15, 2023; and
WHEREAS, on August 4, 2021, the Planning Commission adopted a Resolution of Intention, Resolution Number 21-007 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance to, among other things, ensure consistency with the goals, policies and programs of the 6th Cycle Housing Element; and

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Packet Pg. 638 Attachment: Attachment H_CDD-Housing Process Thresholds 4th IZO Extension 03.21.2023 [Revision 2] (5570 : Housing Element 11 WHEREAS, the City desires to undertake the first phase of amendments to the text of the Zoning Ordinance for consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element, including all or portions of Programs 1A, By-Right Approvals for Housing Projects; and
WHEREAS, on February 1, 2023, the Planning Commission conducted a duly noticed public hearing, and, after considering oral and written testimony regarding the proposed amendments to the text of the Zoning Ordinance, adopted Resolution Number 23-003 (PCS), recommending that the City Council amend the text of the Zoning Ordinance to, among other things, implement Program 1A of the Housing Element; and WHEREAS, on March 21, 2023, the City Council conducted a duly noticed hearing to consider the Planning Commission’s recommendation; and WHEREAS, the City Council desires to extend the interim zoning regulations to allow the City adequate time implement Program 1A of the 6th Cycle Housing Element; and
WHEREAS, there exists an immediate and continuing threat to the public health, safety and welfare due to the State’s ongoing and unprecedented housing crisis, which has resulted in the City’s anticipated RHNA allocation; and WHEREAS, extending the streamlined process created by the interim zoning regulations will support the City’s urgent need to produce housing and the City’s efforts to create a long-term housing strategy through the 6th Cycle Housing Element; and WHEREAS, adoption of this emergency Interim Zoning Ordinance is necessary to preserve public peace, health, safety and welfare as it will remove barriers to production of housing, particularly one hundred percent affordable housing projects.

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Packet Pg. 639 Attachment: Attachment H_CDD-Housing Process Thresholds 4th IZO Extension 03.21.2023 [Revision 2] (5570 : Housing Element 12 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Applicability. The interim regulations set forth in Section 2 shall apply to any project for which a planning entitlement application is received after the effective date of this Ordinance.

SECTION 2. Interim Zoning Regulations. Santa Monica Municipal Code Chapter

9.39 and Section 9.40.020 shall be revised as follows:

Chapter 9.39 Administrative Approval

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.

Administrative Approval provides for an administrative review and assessment of the proposed development project in light of explicit standards contained in the Chapter 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.

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

1. Any project of more than 1,000 square feet of floor area for all new construction and new additions to existing buildings located in Residential and

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Packet Pg. 640 Attachment: Attachment H_CDD-Housing Process Thresholds 4th IZO Extension 03.21.2023 [Revision 2] (5570 : Housing Element 13 Nonresidential Districts not otherwise subject to Zoning Conformance Review or discretionary review;

2. 100% Affordable Housing Projects; and

3. Any project that:
a. Meets 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, 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;
b. Does not exceed Tier 2 maximums; and
c. Is located on a parcel that does not exceed 43,560 square feet.

B. No Administrative Approval shall be required for:

1. New construction and new additions to existing buildings located in the Multi-Unit Residential Districts, Ocean Park Neighborhood Districts; or

2. For any new single-unit dwellings or additions thereto in any zoning district.

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

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Packet Pg. 641 Attachment: Attachment H_CDD-Housing Process Thresholds 4th IZO Extension 03.21.2023 [Revision 2] (5570 : Housing Element 14 9.39.040 Procedures
A. For projects eligible for an Administrative Approval under 9.39.020(A)(2) or (3), an applicant shall conduct a community meeting to receive community input on the proposal, which 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.

B. Upon receipt in proper form of an Administrative Approval Application, a meeting with the Architectural Review Board shall be set to receive a recommendation on the design of the proposal, which shall be conducted prior to the Director’s determination.

9.39.050 Review and Decision
A. 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.

B. The Director shall deny the Administrative Approval only if the development is not in compliance with the applicable development standards as outlined in this Chapter.

C. The Director shall prepare a written decision which shall contain the findings of fact upon which such decision is based.

D. Within 14 calendar days after the decision is made:

1. A copy of the decision shall be mailed to the applicant at the address shown on the application; and

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Packet Pg. 642 Attachment: Attachment H_CDD-Housing Process Thresholds 4th IZO Extension 03.21.2023 [Revision 2] (5570 : Housing Element 15 2. For 100% affordable housing projects, and housing projects subject to Administrative Approval under Subsection 9.39.020(B)(3), a copy of the written decision and project plans shall be posted on the City’s website.

9.39.060 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.

Chapter 9.40 Development Review Permit

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

1. Any project that exceeds Tier 1 maximum limits;

3. 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);

4. Notwithstanding subsection (A)(3) above, all new construction of more than 30,000 square feet of floor area of a development project containing no

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Packet Pg. 643 Attachment: Attachment H_CDD-Housing Process Thresholds 4th IZO Extension 03.21.2023 [Revision 2] (5570 : Housing Element 16 more than 15% of commercial floor area located in Nonresidential Districts not specified in subsection (A)(2);

5. Notwithstanding subsections (A)(2)—(4) above and until the adopting 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.

B. The following types of projects are exempt from Development Permit Review requirements:

1. Single-unit dwellings;

2. 100% Affordable Housing Projects; and

3. Any project that:
a. Meets 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, 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;
b. Does not exceed Tier 2 maximums; and
c. Is located on a parcel that does not exceed 43,560 sf.

SECTION 3. Any provision of the Santa Monica Municipal Code or any appendix thereto inconsistent with the provisions of this Ordinance, to the extent of such

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Packet Pg. 644 Attachment: Attachment H_CDD-Housing Process Thresholds 4th IZO Extension 03.21.2023 [Revision 2] (5570 : Housing Element 17 inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 5. This Ordinance is declared to be an emergency measure necessary for preserving the public peace, health, safety or welfare, adopted pursuant to the provisions of Section 615 of the Santa Monica City Charter. As set forth in the findings above and in the March 10, 2020, August 25, 2020, January 25, 2022, April 12, 2022 and March 21, 2023, staff reports, this Ordinance is necessary for preserving the public peace, health, safety, and welfare. As an emergency measure, this Ordinance will be effective immediately upon adoption.

SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective immediately upon adoption.

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Packet Pg. 645 Attachment: Attachment H_CDD-Housing Process Thresholds 4th IZO Extension 03.21.2023 [Revision 2] (5570 : Housing Element 18 SECTION 7. This Ordinance shall be of no further force or as of June 30, 2023, unless it is otherwise extended pursuant to Santa Monica Municipal Code Section

9.46.090(C).

APPROVED AS TO FORM:

_________________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 646 Attachment: Attachment H_CDD-Housing Process Thresholds 4th IZO Extension 03.21.2023 [Revision 2] (5570 : Housing Element Attachment H
Weblink: February 22, 2023 Council Staff Report

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Packet Pg. 647 Attachment: Attachment I_February 22, 2023 City Council Staff Report [Revision 2] (5570 : Housing Element Implementation (120 mins)) Attachment
I
Weblink: October 11, 2022 Council Staff Report

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Packet Pg. 654 Attachment: Written Comment [Revision 1] (5570 : Housing Element Implementation (120 mins)) 1 Vernice Hankins
From: [email protected]
Sent: Monday, March 20, 2023 8:39 AM
To: councilmtgitems
Subject: Re zoning

EXTERNAL
Dear council members:

I have lived in Santa Monica and owned my home on Virginia Avenue for 47 years. I am learning from a neighbor this morning that there is a plan to re‐zone her property and her neighbor’s property (around the corner from me and down the block) from single family housing to multi‐unit housing. We absolutely love our neighborhood just the way it is, thank you. This seems like an unnecessary change and somebody somewhere is simply looking to make a profit at our expense. My neighbor, especially, stands to lose a lot. She and her husband just purchased their home and there is a non‐disclosure factor here. I strongly urge you to vote no on this issue.

I would also suggest that matters such as this be presented in a much much more public forum and with much more lead time to property owners in the future. Thank you.

Sent from my iPhone
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Packet Pg. 655 Attachment: Written Comment [Revision 1] (5570 : Housing Element Implementation (120 mins)) 2 Vernice Hankins
From: Katina Metzidakis <[email protected]>
Sent: Monday, March 20, 2023 8:02 AM
To: councilmtgitems
Subject: Potential Rezoning on Warwick avenue

EXTERNAL
Dear council members‐
I was shocked to find out this morning that the house next to and behind mine (1805 Warwick Avenue) are being considered for Rezoning. We just bought our home‐ the biggest investment of our lifetimes‐ less than one year ago with a price tag that very much reflected a single family home street. This is nothing short of a bait and switch. How is it possible that the house NEXT door to mine is up for rezoning and there was no obligation by the town or the real estate agents to let us know??? In fact I remember asking specifically about this issue. This rezoning essentially makes my house an orphan on what was once a single family home Street. We will be stuck between a multi family unit and exposition. Why not build more multi family units in the other more expensive areas of Santa Monica? I am disgusted that you would choose the least expensive single family home neighborhood to disrupt. Why not look elsewhere, north of here? There are already MANY multi family Units on exposition. My family and I are vehemently against this proposed change and absolutely disgusted that our investment could be put in such jeaopardy without any notice.

Please vote NO on fundamentally changing my neighborhood.

Thank you,
Karina Metzidakis
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Packet Pg. 657 Attachment: Written Comment [Revision 1] (5570 : Housing Element Implementation (120 mins))

(310) 451-4138
March 20, 2023

VIA E-MAIL
Santa Monica City Council
1685 Main Street, Room 102
Santa Monica, CA 90401
[email protected]
Re: Housing Element Implementation
City Council Hearing Date: March 21, 2023
Item 10-A – Implementation of 6th Cycle (2021-2029) Housing Element Our Client: Stanford & Nebraska Properties LTD
BAP’s Conservation: Creative Sector (CCS) Zoning District Our File No. 1224.009
Dear Councilmembers:

This letter is submitted on behalf of Stanford & Nebraska Properties LTD, the owner of two properties in the Conservation: Creative Sector (“CCS”) of the Bergamot area – 1757 Stanford Street (“Stanford Site”) and 1716 Berkeley Street (“Berkeley Site”). (See Figure 1 below.) The property owner is considering the feasibility of developing mixed-use housing on these sites, which are roughly a 10-minute walk (0.5 miles) from the 16th Street/Bergamot Station light rail stop as well as benefitting from convenient access to the I-10 freeway.

The purpose of this letter is to request a change in the zoning of a portion of the CCS to 3.25 FAR/70’ for mixed-use housing. This can be done without compromising a stepped down buffer area next to the closest R2 Zoning District.

EXISTING CONDITIONS
Below is a site map showing the subject properties to provide some orientation.

Both sites are within the CCS Zoning District. The 26th Street/Bergamot Station is approximately a 10-minute walk away, and there is quick and easy vehicular access to the I-10 freeway.
[email protected]
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Santa Monica City CouncilMarch 21, 2023

Santa Monica City Council
March 21, 2023