Agenda packet — Santa Monica City Council, September 24, 2024 (part 2 of 4)

Figure 4: Minimum Façade: Remove reference to minimum 15’ ground floor floor-to-floor height.

Chapter 2, Land Use
Policy and
Designations, MixedUse Boulevard Low,

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Chapter 2, Land Use
Policy and
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First bullet point:
• Buildings that share a property line with a residentiallydesignated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the
adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentiallydesignated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site.

Chapter 2, Land Use
Policy and
Designations, MixedUse Boulevard Low,

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Sixth bullet point:
 Buildings that share a property line with a residentiallydesignated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections,

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Packet Pg. 306 Attachment: CDD-Reso-LUCE HE Phase 2 Amendments 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 8 beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site. (see Figure 5)
Chapter 2, Land Use
Policy and
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Second-to-last bullet point:
 Buildings that share a property line with a residentiallydesignated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site.(see Figure 11)
Chapter 2, Land Use
Policy and
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Figure 10, Minimum Façade: Remove reference to minimum 15’ ground floor floor-to-floor height
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40 Figure 12, Santa Monica Blvd. 25’ Base Height: Remove reference to minimum 15’ ground floor floor-to-floor height Chapter 2, Land Use
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40 Figure 13, Lincoln & Pico Blvds, 32’ Base Height and Max Façade: Remove reference to minimum 15’ ground floor
Chapter 2, Land Use
Policy and
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40 Figure 14, Santa Monica Blvd, 35’ Height Limit and Max Façade: Remove reference to minimum 15’ ground floor
Chapter 2, Land Use
Policy and
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42 Figure 16, Minimum Façade: Remove reference to minimum 15’ ground floor floor-to-floor height

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Packet Pg. 307 Attachment: CDD-Reso-LUCE HE Phase 2 Amendments 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 9 Chapter 2, Land Use
Policy and
Designations, General
Commercial, Page 2.1-
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42 Last bullet point:
 Buildings that share a property line with a residentiallydesignated property are required to be setback 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property and from that point, extending at a 45-degree angle from vertical toward the interior of the site. (see Figure 17)
Chapter 2, Land Use
Policy and
Designations,
Neighborhood
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43 Figure 18, 32’ Base Hight: Remove reference to max facade with min 15’ ground floor floor-to-floor
Chapter 2, Land Use
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43 Figure 20, Rear Yard Step Backs at Residential: Delete Chapter 2, Land Use
Policy and
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44 Last bullet point:
 Buildings that share a property line with a residentiallydesignated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site. (see Figure 20)
Chapter 2, Land Use
Policy and
Designations,
Bergamot Transit
Village, Page 2.1-45
Figure 21, 32’ Base Height: Remove reference to minimum 15’ ground floor floor-to-floor height
Chapter 2, Land Use
Policy and
Figure 22, 39’ Base Height and Max Façade: Remove reference to minimum 15’ ground floor floor-to-floor height

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Packet Pg. 308 Attachment: CDD-Reso-LUCE HE Phase 2 Amendments 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 10 Designations,
Bergamot Transit
Village, Page 2.1-45
Chapter 2, Land Use
Policy and
Designations,
Bergamot Transit
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TIER 3 - ABOVE BASE - WITH ADDITIONAL COMMUNITY
BENEFITS Subject to a discretionary review process and an Area Plan, projects that provide additional community benefits, may request a height up to 75 feet and 3.5 FAR. Significant variation in rooflines and building form is required with specific standards to be included in the Bergamot Transit Village Area Plan. Pursuant to the plan, projects may also request height up to 81 feet if there is a corresponding percentage decrease in FAR for the actual height above 75’. The ground floor floor-to floor height above 13.5’ shall not be counted towards the overall height of the building so long as it does not exceed an additional 5’. The average building height shall be a minimum of 10 feet less than the maximum requested height (see Figure 24).

Chapter 2, Land Use
Policy and
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Bergamot Transit
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Figure 25 Minimum Façade: Remove reference to minimum 15’ ground floor floor-to-floor height
Chapter 2, Land Use
Policy and
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Bergamot Transit
Village, Page 2.1-47
Figure 26, Rear Yard Step Backs at Residential Properties:

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Chapter 2, Land Use
Policy and
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Bergamot Transit
Village, Page 2.1-47
Last bullet point:
 Buildings that share a property line with a residentiallydesignated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site. (see Figure 26)
Chapter 2, Land Use
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Figure 27, 32’ Base Height: Remove reference to minimum 15’ ground floor floor-to-floor height
Chapter 2, Land Use
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Figure 28, 36’ Base Height: Remove reference to minimum 15’ ground floor floor-to-floor height

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Packet Pg. 309 Attachment: CDD-Reso-LUCE HE Phase 2 Amendments 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 11 Chapter 2, Land Use
Policy and
Designations, MixedUse Creative, Page

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Figure 31, Minimum Façade: Remove reference to minimum 15’ ground floor floor-to-floor height
Chapter 2, Land Use
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Designations, MixedUse Creative, Page

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Figure 32, Rear Yard Step Backs at Residential Properties:

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Last bullet point:
 Buildings that share a property line with a residentiallydesignated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site. (see Figure 32)
Chapter 2, Land Use
Policy and
Designations, Beach
and Oceanfront, Page

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Figure 33, 32’ Base Height: Remove reference to minimum 15’ ground floor floor-to-floor height
Chapter 2, Land Use
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Figure 34, 39’ Base Height and Max Façade: Remove reference to minimum 15’ ground floor floor-to-floor height
Chapter 2, Land Use
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Figure 36, Minimum Façade: Remove reference to minimum 15’ ground floor floor-to-floor height
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Packet Pg. 310 Attachment: CDD-Reso-LUCE HE Phase 2 Amendments 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 12 Chapter 2, Land Use
Policy and
Designations, Beach
and Oceanfront, Page

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Third bullet point
 Buildings that share a property line with a residentiallydesignated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site. (see Figure 37)
Chapter 2, Land Use
Policy and
Designations, Beach
and Oceanfront, Page

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Figure 38, 32’ Base Height: Remove reference to minimum 15’ ground floor floor-to-floor height
Chapter 2, Land Use
Policy and
Designations, Beach
and Oceanfront, Page

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Figure 40, Minimum Façade: Remove reference to minimum 15’ ground floor floor-to-floor height

Chapter 2, Land Use
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Ninth bullet point:
 Buildings that share a property line with a residentiallydesignated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site.

Chapter 2, Land Use
Policy and
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Figure 41, 32’ Base Height: Remove reference to minimum 15’ ground floor floor-to-floor height
Chapter 2, Land Use
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Figure 42, Max Façade: Remove reference to minimum 15’
ground floor floor-to-floor height
Chapter 2, Land Use
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Figure 44, Minimum Façade: Remove reference to minimum 15’ ground floor floor-to-floor height

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Packet Pg. 311 Attachment: CDD-Reso-LUCE HE Phase 2 Amendments 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 13 Chapter 2, Land Use
Policy and
Designations, Office
Campus, Page 2.1-56
Figure 45 Rear Yard Step Backs at Residential Properties:

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Fourth bullet point:
 Buildings that share a property line with a residentiallydesignated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site. (see Figure 45)

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Packet Pg. 312 Attachment: CDD-Reso-LUCE HE Phase 2 Amendments 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 1 City Council Meeting: September 24, 2024 Santa Monica, California RESOLUTION NUMBER ______ (CCS)
(City Council Series)

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

AMENDING THE TEXT OF THE BERGAMONT AREA PLAN TO REPEAL
CHAPTER 5, DEVELOPMENT STANDARDS FOR LAND USE REGULATIONS, FOR INTEGRATION OF THOSE PROVISIONS INTO THE CITY’S ZONING ORDINANCE 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 land into an arts-focused, transit-oriented, and 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 local services to take full advantage of the arrival of the Exposition Light Rail; and WHEREAS, Chapter 5 of the BAP sets forth the land use regulations, which define the permitted uses in the BAP, and the development standards, which regulate new site and building development by establishing standards for intensity, building height, open space, and other elements; and
WHEREAS, the land use regulations and development standards set forth in Chapter 5 of the BAP were developed prior to the adoption of the City’s Zoning Ordinance update, which became effective on July 24, 2015; and

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Packet Pg. 313 Attachment: CDD-Reso-Repeal BAP Chapter 5 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 2 WHEREAS, the processes and standards in the BAP have proven to be overly complex, unclear, onerous, and do not incentivize housing; and WHEREAS, as a result, since its adoption, only three housing projects have been proposed in the Bergamot area, as well as very limited commercial development; and WHEREAS, the Housing Element Law, California Government Code sections 65580 et seq., requires the City to review and update the Housing Element of its General Plan every eight years; 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 all 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 WHEREAS, those programs, which are being implemented in phases, include Program 1.J, Rezoning by Revising Development Standards to Ensure that Housing Projects Are Feasible and Incentivized Over Commercial Development, and Program 1.E, Revise the Design Standards in the Bergamot Area Plan (BAP) for Easier Understanding and to Support Housing Production; and

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Packet Pg. 314 Attachment: CDD-Reso-Repeal BAP Chapter 5 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 3 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, adopted Resolution Numbers 11512 (CCS), 11513 (CCS), and 11514 (CCS), to amend the Land Use and Circulation Element, BAP and Downtown Community Plan to ensure consistency with the first phase of Housing Element implementation, including Programs 1.A, 1.F, 1.J, 2.C, 2.D, and 4.A of the 6th Cycle Housing Element, which provided for streamlined approvals of housing projects, streamlined design review of housing projects, revised development standards for housing projects, modified inclusionary requirements in the City’s Affordable Housing Production Program, and an updated Density Bonus Ordinance; and WHEREAS, the second phase of implementation programs for the 6th Cycle Housing Element is due by either October 2024 or December 2024, per the commitment in the adopted 6th Cycle Housing Element; and
WHEREAS, the City now desires to undertake the second phase of implementation for consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element, including all or portions of: Programs 1.E (Revise the Design Standards in the Bergamot Area Plan), along with Programs 1.B (Streamline the Architectural Review Process); 1.H (Adaptive Reuse); 1.I (Innovations in Construction Technology); 2.B (Right of First Offer Ordinance); 2.C (Update the City’s Affordable Housing Production Program – Part 2); 2.I (Zoning for Variety of Housing Types); 3.A (Restrict the Removal of Existing Rental and Protected Units); 3.E (Maintain a Low Income Residential Repair Program); and 5.B (Low Barrier Navigation Centers As ByRight Use); and

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Packet Pg. 315 Attachment: CDD-Reso-Repeal BAP Chapter 5 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 4 WHEREAS on May 8, 2024, in accordance with Santa Monica Municipal Code section 9.45.060(A), the Planning Commission adopted a Resolution of Intention, Resolution Number 24-002 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the Land Use and Circulation of the City’s General Plan, the BAP, and the Downtown Specific Plan for consistency with the goals, policies and programs set forth in the Housing Element and recent updates to State housing law and to make other minor changes, clarifications, and corrections; and WHEREAS, the second phase of Housing Element Implementation includes development of design standards in the BAP for easier understanding and to incentivize housing in accordance with Program 1.E (Revise the Design Standards in the Bergamot Area Plan); and
WHEREAS, in preparing the design standards for implementation of Program 1.E, which includes review of the development standards set forth in Chapter 5 of the BAP, it has become apparent that developing revised design standards for non-housing projects will provide consistency and ease of use; and
WHEREAS, further review of the land use regulations in Chapter 5 has highlighted inconsistencies between the BAP and the Zoning Ordinance, particularly due to the development of use classifications in the Zoning Ordinance that were not in existence at the time the BAP was adopted; and
WHEREAS, repeal of Chapter 5 of the BAP and integration of the land use regulations and development standards for the BAP into the Zoning Ordinance will increase efficiency, ease of use, and consistency for land use regulations and development standards throughout the City; and

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Packet Pg. 316 Attachment: CDD-Reso-Repeal BAP Chapter 5 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 5 WHEREAS, additional amendments to the BAP are necessary to ensure internal consistency as well as consistency with the City’s general plan and Zoning Ordinance after repeal of Chapter 5; and
WHEREAS, to remedy these issues, on June 12, 2024, in accordance with Santa Monica Municipal Code section 9.45.060(A), the Planning Commission adopted a Resolution of Intention, Resolution Number 24-004 (PCS), declaring its intention to consider recommending to the City Council that the City Council Amend the BAP to Repeal Chapter 5, Development Standards and Land Use Regulations, for Integration of those Provisions into the City’s Zoning Ordinance and Make Other Minor Amendments for Consistency; and
WHEREAS, in addition, on June 12, 2024, in accordance with Santa Monica Municipal Code section 9.46.030(B), the Planning Commission adopted a Resolution of Intention, Resolution Number 24-005 (PCS) declaring its intention to consider recommending to the City Council that the Council amend the text of the City’s Zoning Ordinance to integrate development standards and land use regulations for the Bergamot Area Plan, update development standards for non-housing projects, and make other minor amendments for consistency; and
WHEREAS, on August 7, 2024, in accordance with Santa Monica Municipal Code section 9.45.070(A), the Planning Commission conducted a duly-noticed public hearing, and, after considering oral and written testimony, adopted a Resolution of Recommendation, Resolution Number 24-009 (PCS), recommending to the City Council that the Council repeal Chapter 5, Development Standards and Land Use Regulations, for integration of those regulations and standards into the City’s Zoning Ordinance; and

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Packet Pg. 317 Attachment: CDD-Reso-Repeal BAP Chapter 5 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 6 WHEREAS, in addition, on August 7, 2024, in accordance with Santa Monica Municipal Code section 9.46.060(B), the Planning Commission conducted a duly-noticed public hearing, and, after considering oral and written testimony, adopted a Resolution of Recommendation, Resolution Number 24-011 (PCS), recommending to the City Council that the City Council amend the text of the Zoning Ordinance to, among other things, integrate development standards and land use regulations into the Bergamot Area Plan, with amendments for consistency with the goals, policies and programs set forth in the 6th Cycle Housing Element, updates to development standards for non-housing projects; and
WHEREAS, on September 24, 2024, 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 amend the text of the BAP to repeal Chapter 5, Development Standards and Land Use Regulations, for integration of those regulations and standards into the City’s Zoning Ordinance; and WHEREAS, concurrently herewith, the City Council is considering introduction and first reading of an ordinance to amend the text of the Zoning Ordinance to, among other things, integrate development standards and land use regulations into the Bergamot Area Plan, with amendments for consistency with the goals, policies and programs set forth in the 6th Cycle Housing Element, updates to development standards for non-housing projects.

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Packet Pg. 318 Attachment: CDD-Reso-Repeal BAP Chapter 5 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 7 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. Amendments to the text of the Bergamot Area Plan. Pursuant to Santa Monica Municipal Code section 9.45.080 and 9.45.130, the City Council does hereby amend the text of the Bergamot Area Plan to:

1. Repeal Chapter 5, Development Standards Land Use Regulations, for integration of those provisions into the City’s Zoning Ordinance; and

2. Remove all remaining references in the Bergamot Area Plan to Chapter 5, Development Standards and Land Use Regulations, and replace with references to Santa Monica Municipal Code Chapter 9.12, Bergamot Districts.

In making adopting these amendments, the City Council hereby finds and declares that, for the reasons articulated above, and in the staff report dated September 24, 2024, the proposed amendments to the text of the Bergamot Area Plan are consistent with the General Plan in that the amendments are administrative in nature and are intended to increase efficiency, ease of use, and consistency for land use regulations and development standards throughout the City, and otherwise maintain the existing goals, policies, standards and regulations in the General Plan.

SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. Notwithstanding its effective date, the provisions of this Resolution shall only take effect upon the effective date of the ordinance being considered concurrently herewith that will, among other things, integrate development standards and land use regulations into the Bergamot Area Plan, with amendments for consistency with the goals, policies and programs set forth in

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Packet Pg. 319 Attachment: CDD-Reso-Repeal BAP Chapter 5 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 8 the 6th Cycle Housing Element, updates to development standards for non-housing projects.

APPROVED AS TO FORM:
_________________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 320 Attachment: CDD-Reso-Repeal BAP Chapter 5 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 1 City Council Meeting: September 24, 2024 Santa Monica, California RESOLUTION NUMBER _____ (CCS)
(City Council Series)

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

AMENDING THE TEXT OF THE DOWNTOWN COMMUNITY PLAN FOR

CONSISTENCY WITH THE GOALS, POLICIES, AND PROGRAMS SET FORTH IN THE 6TH CYCLE (2021-2029) HOUSING ELEMENT AND MAKING OTHER MINOR

CHANGES, CORRECTIONS, AND CLARIFICATIONS
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 WHEREAS, the Housing Element Law, California Government Code sections 65580 et seq., requires the City to review and update the Housing Element of its General Plan every eight years; 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 all 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

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Packet Pg. 321 Attachment: CDD-Reso-DCP HE Phase 2 Amendments 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 2 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 (“LUCE”), the Bergamot Area Plan (“BAP”), the DCP, and the Zoning Ordinance in phases, subject to specified deadlines, to ensure consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element; and WHEREAS, on February 1, 2023, the Planning Commission conducted a dulynoticed public hearing to consider its recommendation to the City Council, and after considering oral and written testimony regarding the proposed amendments to the text of the LUCE, BAP, and DCP, adopted Resolutions of Recommendation, Resolution Numbers 23-002 (PCS), 23-004 (PCS) and 23-005 (PCS), recommending to the City Council amend the LUCE, DCP and BAP to ensure consistency with the first phase of Housing Element implementation; and

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Packet Pg. 322 Attachment: CDD-Reso-DCP HE Phase 2 Amendments 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 3 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, adopted Resolution Numbers 11512 (CCS), 11513 (CCS), and 11514 (CCS), to amend the LUCE, BAP, and DCP to ensure consistency with the first phase of Housing Element implementation, including Programs

1.A, 1.F, 1.J, 2.C, 2.D, and 4.A of the 6th Cycle Housing Element, which provided for streamlined approvals of housing projects, streamlined design review of housing projects, revised development standards for housing projects, modified inclusionary requirements in the City’s AHPP, and an updated Density Bonus Ordinance; and WHEREAS, the second phase of implementation programs for the 6th Cycle Housing Element is due by either October 2024 or December 2024, per the commitment in the adopted 6th Cycle Housing Element; and
WHEREAS, the City now desires to undertake the second phase of implementation for consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element, including all or portions of: Programs 1.B (Streamline the Architectural Review Process); 1.E (Revise the Design Standards in the Bergamot Area Plan); 1.H (Adaptive Reuse); 1.I (Innovations in Construction Technology); 2.B (Right of First Offer Ordinance); 2.C (Update the City’s Affordable Housing Production Program – Part 2); 2.I (Zoning for Variety of Housing Types); 3.A (Restrict the Removal of Existing Rental and Protected Units); 3.E (Maintain a Low Income Residential Repair Program); and 5.B (Low Barrier Navigation Centers As By-Right Use); and WHEREAS, additional amendments to the LUCE, BAP, and DCP, along with other minor changes, clarifications, and corrections, will be necessary to ensure consistency

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Packet Pg. 323 Attachment: CDD-Reso-DCP HE Phase 2 Amendments 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 4 with the goals, policies, and programs set forth in the 6th Cycle Housing Element as part of the second phase of Housing Element implementation; and WHEREAS on May 8, 2024, in accordance with Santa Monica Municipal Code section 9.45.060(A), the Planning Commission adopted a Resolution of Intention, Resolution Number 24-002 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the LUCE, the BAP, and the DCP for consistency with the goals, policies and programs set forth in the Housing Element and recent updates to State housing law and to make other minor changes, clarifications, and corrections; and
WHEREAS, on August 7, 2024, in accordance with Santa Monica Municipal Code section 9.45.070(A), the Planning Commission conducted a duly-noticed public hearing, and, after considering all oral and written testimony, adopted a Resolution of Recommendation, Resolution Number 24-009 (PCS), recommending that the City Council amend the text of the DCP to ensure consistency with the second phase of Housing Element implementation and to make other minor changes, clarifications, and corrections; and
WHEREAS, on September 24, 2024, 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 amend the text of the DCP to ensure consistency with the second phase of Housing Element implementation and to make other minor changes, clarifications, and corrections.

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Packet Pg. 324 Attachment: CDD-Reso-DCP HE Phase 2 Amendments 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. Amendments to the text of the Downtown Community Plan.

Pursuant to Santa Monica Municipal Code sections 9.45.080 and 9.45.130, the City Council does hereby amend the text of the Downtown Community Plan for consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element, including all or portions of Programs 1.B (Streamline the Architectural Review Process);

1.E (Revise the Design Standards in the Bergamot Area Plan); 1.H (Adaptive Reuse); 1.I (Innovations in Construction Technology); 2.B (Right of First Offer Ordinance); 2.C (Update the City’s Affordable Housing Production Program – Part 2); 2.I (Zoning for Variety of Housing Types); 3.A (Restrict the Removal of Existing Rental and Protected Units); 3.E (Maintain a Low Income Residential Repair Program); and 5.B (Low Barrier Navigation Centers As By-Right Use), or to ensure consistency with goals, policies and programs that were previously implemented, and making other minor changes, corrections and clarifications, as set forth in Exhibit A, attached to this Resolution.

In adopting these amendments to the text of the Downtown Community Plan, the City Council hereby finds and declares that, for the reasons articulated above, and in the staff report dated September 24, 2024, the proposed amendments to the text of the Downtown Community Plan are consistent with the General Plan in that the amendments are required to implement and ensure consistency with the goals, policies and programs set forth in the 6th Cycle Housing Element, and otherwise maintain the existing goals, policies, standards and regulations in the General Plan.

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Packet Pg. 325 Attachment: CDD-Reso-DCP HE Phase 2 Amendments 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 6 SECTION 2. The City Clerk 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. 326 Attachment: CDD-Reso-DCP HE Phase 2 Amendments 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 7 Exhibit A
Proposed Amendments to the Downtown Community Plan

Page 28 ends

DCP Section 2A.4 – DCP Entitlement and Tier System
Development Review Projects
Certain commercial projects and housing projects on parcel(s) that are 43,560 sf or greater are permitted by Development Review Permit (DRP), allowing these projects to be approved through discretionary review and a Planning Commission public hearing that gives community members a venue to share thoughts and input on proposed projects. By law, Planning Commission decisions are appealable to the City Council. This system of project requirements is intended to ensure greater discretionary review for larger housing projects and commercial projects.

1. Housing Projects on Parcel(s) that are 43,560 Square Feet or Greater Housing projects on parcel(s) that are 43,560 sf or greater are considered non-negotiated discretionary projects. These projects are required to comply with affordable housing requirements and affordability mix as established in Zoning Ordinance Chapter 9.64 Section 9.10.070 and must also contribute augmented fees

Page 30 ends

DCP Section 2A.4 – DCP Entitlement and Tier System
Development Agreement Projects
All Other Projects
All Tiers.

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

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Packet Pg. 327 Attachment: CDD-Reso-DCP HE Phase 2 Amendments 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 8

Page 177 ends

DCP Section 9.10.050 – Application Thresholds Table
Housing Project All Other Projects
Administrative Approval Streamlined Housing
Projects on parcel(s) up to
43,560 sf Subject to
Chapter 9.39,
Administrative Approval
Less than 10,000 sf
Development Review
Permit
Housing Projects or
Streamlined Housing
Projects on parcel(s) that
are 43,560 sf or greater
Subject to Chapter 9.40,
Development Review
Permit
10,000 – 30,000 sf
Development Agreement N/A Greater than 30,000 sf
A. “Streamlined Housing Project” means a use consisting of any of the following:

1. Residential units only

2. Mixed-use developments consisting of residential and nonresidential uses in which nonresidential uses do not exceed 25% of the total building square footage and are limited to the first two floors of buildings that are two or more stories.

3. Transitional or Supportive Housing
B. Administrative Approval Review Procedures.

1. For projects eligible for an Administrative Approval under Table 9.10.050 and exempt from Development Review Permit Requirements under 9.10.050(C)(1) or (2), an applicant shall conduct a community meeting to receive community input on the proposal.

The community meeting shall be conducted prior to submitting an application, with noticing and reporting as required in guidelines adopted by the Director.

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

C. Housing Exemption. The following types of projects are exempt from Development Review Permit requirements:

1. 100% Affordable Housing Projects.

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Packet Pg. 328 Attachment: CDD-Reso-DCP HE Phase 2 Amendments 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 9 2. Streamlined Housing Projects - Streamlined housing projects on parcel(s) that are up to 43,560 SF including projects that have been granted modifications and waivers in accordance with Santa Monica Municipal Code Chapter 9.43, Modifications and Waivers.
a. For projects with rental units, the applicant agrees, prior to issuance of a building permit, to record a deed restriction against the property ensuring that:
i. All leases shall be made only to a tenant who is a natural person, or to tenants who are natural persons;
ii. All leases shall be made only to a tenant or tenants who, regardless of the term of occupancy, intend to make the rental unit the tenants’ domicile as defined in California Elections Code Section 349(b); iii. All prospective tenants shall be offered a written lease which has a minimum term of one (1) year; and
iv. All units shall be leased as unfurnished units.

DA. Notwithstanding Section 9.10.050, a Development Review Permit shall be required for any new non-profit youth-serving community assembly use replacing an existing facility or expansion of an existing facility if such replacement building or expansion exceeds 35,000 square feet and is located on land occupied by the non-profit youthserving community assembly use as of July 25, 2017.

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Packet Pg. 329 Attachment: CDD-Reso-DCP HE Phase 2 Amendments 092424 [Revision 1] (6371 : Housing Element Phase 2 Implementation) 1 City Council Meeting: September 24, 2024 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO AMEND THE TEXT OF THE CITY’S ZONING ORDINANCE FOR CONSISTENCY WITH THE GOALS, POLICIES, AND PROGRAMS SET FORTH IN THE 6TH CYCLE (2021-2029) HOUSING ELEMENT; TO ALLOW FOR THE SEPARATE

CONVEYANCES OF ACCESSORY DWELLING UNITS IN ACCORDANCE WITH AB 1033; INCORPORATE INTERIM ZONING REGULATIONS AUTHORIZING THE

ESTABLISHMENT OF OBJECTIVE DESIGN STANDARDS FOR HOUSING

PROJECTS THAT QUALIFY FOR THE STREAMLINED MINISTERIAL APPROVAL ESTABLISHED BY SB 35; INTEGRATE DEVELOPMENT STANDARDS AND LAND

USE REGULATIONS FOR THE BERGAMOT AREA PLAN, WITH AMENDMENTS FOR

CONSISTENCY WITH THE GOALS, POLICIES, AND PROGRAMS SET FORTH IN THE 6TH CYCLE HOUSING ELEMENT, UPDATES TO DEVELOPMENT STANDARDS

FOR NON-HOUSING PROJECTS, AND OTHER MINOR AMENDMENTS FOR CONSISTENCY WITH THE ZONING ORDINANCE; FOR CONSISTENCY WITH RECENT UPDATES TO STATE HOUSING LAW; AND MAKING OTHER MINOR

CHANGES, CORRECTIONS, AND CLARIFICATIONS
WHEREAS, the Housing Element Law, California Government Code sections 65580 et seq., requires the City to review and update the Housing Element of its General Plan every eight years; 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 all 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

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Packet Pg. 330 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 2 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 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, to ensure consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element; and WHEREAS, on March 21, 2023, the City Council conducted a duly-noticed public hearing and, after considering after considering all oral and written testimony, introduced for first reading Ordinance Number 2742 (CCS) to implement the first phase of the certified Housing Element Programs, including Programs 1.A, 1.F, 1.J, 2.C, 2.D, and 4.A of the 6th Cycle Housing Element, which provided for streamlined approvals of housing projects, streamlined design review of housing projects, revised development standards for housing projects, modified inclusionary requirements in the City’s Affordable Housing Production Program, and an updated the Density Bonus Ordinance, which was adopted by the City Council on April 11, 2023; and
WHEREAS, the second phase of implementation programs for the 6th Cycle Housing Element is due by either October 2024 or December 2024, per the commitment in the adopted 6th Cycle Housing Element; and
WHEREAS, the City now desires to undertake the second phase of implementation for consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element, including all or portions of: Programs 1.B (Streamline the

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Packet Pg. 331 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 3 Architectural Review Process); 1.E (Revise the Design Standards in the Bergamot Area Plan); 1.H (Adaptive Reuse); 1.I (Innovations in Construction Technology); 2.B (Right of First Offer Ordinance); 2.C (Update the City’s Affordable Housing Production Program – Part 2); 2.I (Zoning for Variety of Housing Types); 3.A (Restrict the Removal of Existing Rental and Protected Units); 3.E (Maintain a Low Income Residential Repair Program); and 5.B (Low Barrier Navigation Centers As By-Right Use); and WHEREAS, since City Council’s adoption of the Housing Element, the State has enacted a variety of housing laws and provided additional guidance designed to further combat the state’s housing crisis; and
WHEREAS, Assembly Bill (“AB”) 1033, enacted October 11, 2023, authorizes a local agency to adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and accessory dwelling unit (“ADU”) or ADUs as condominiums; and WHEREAS, on October 24, 2023, the City Council gave staff direction to draft an ordinance in line with AB 1033 to allow the separate conveyance of a primary dwelling unit and ADUs as condominiums, and
WHEREAS, Senate Bill (“SB”) 35, passed in 2017 by the California State Legislature and most recently amended by AB 423 in 2023, provides qualifying housing projects the opportunity to opt in to a streamlined, ministerial approval process through which a housing project is only reviewed against objective zoning and design review standards; and
WHEREAS, SB 35 applies to jurisdictions that do not have a compliant Housing Element or have not met their Regional Housing Needs Assessment (“RHNA”) goal for

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Packet Pg. 332 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 4 construction of above-moderate income housing and/or housing for households below 80% area median income (AMI); and
WHEREAS, on June 30, 2023, HCD determined that Santa Monica fell behind on addressing Lower-Income housing needs for the City’s 5th Cycle (2013-2021) Housing Element, and, therefore, Santa Monica was subject to SB 35 for housing projects that include more than 50% of their units as affordable units and elect to comply with all the other requirements of SB 35; and
WHEREAS, on December 19, 2023, the City Council adopted Emergency Interim Zoning Ordinance (“EIZO”) Number 2772, authorizing Council to establish, by Resolution, objective design standards for housing projects that qualify for the streamlined, ministerial approval process established by SB 35; and
WHEREAS, on February 13, 2024, the City Council adopted EIZO 2777, extending the EIZO 2772; and
WHEREAS, as of June 3, 2024, however, HCD determined that Santa Monica is no longer subject to SB 35 (now SB 423) streamlining requirements based on the last Annual Progress Report submitted to HCD; and
WHEREAS, nonetheless, should the City be subject to SB 35 in the future, the City desires to integrate the provisions of EIZO 2772 as extended by EIZO 2777 into the Zoning Ordinance; and
WHEREAS, on March 25, 2024, the State enacted SB 477, which makes nonsubstantive changes and reorganizes various provisions related to the creation and regulation of ADUs and junior ADUs; and

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Packet Pg. 333 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 5 WHEREAS, on October 11, 2023, the State enacted SB 684, which became effective July 1, 2024, and requires a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets specified requirements, including that the housing development project consists of 10 or fewer residential units, meets certain minimum parcel size and density requirements, and is located on a lot zoned for multifamily residential development that is no larger than 5 acres; and WHEREAS, Assembly Bill 602 was passed in 2021 and came into effect on January 1, 2022, imposes certain requirements on local agencies regarding the establishment and implementation of Development Impact Fees, including a requirement that applicable fees be collected upon the issuance of a certificate of occupancy or final inspection, whichever occurs last; and
WHEREAS, the City’s development impact fees were established prior to the enactment of AB 602, and amendments to the Zoning Ordinance are necessary to ensure consistency with AB 602’s timing requirements; and
WHEREAS, on May 8, 2024, in accordance with Santa Monica Municipal Code section 9.46.030(B), the Planning Commission adopted a Resolution of Intention, Resolution Number 24-003 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance for consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element, allow for the separate conveyance accessory dwelling units in accordance with AB 1033; incorporate interim zoning regulations authorizing the establishment, by resolution, of objective design Standards for housing projects that qualify for the

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Packet Pg. 334 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 6 streamlined, ministerial approval process established by SB 35; for consistency with recent changes to state housing laws; and make other minor changes, clarifications, and corrections; 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 land 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 local services to take full advantage of the arrival of the Exposition Light Rail; and WHEREAS, Chapter 5 of the BAP sets forth the land use regulations, which define the permitted uses in the Bergamot Plan Area, and the development standards, which regulate new site and building development by establishing standards for intensity, building height, open space, and other elements; and
WHEREAS, the land use regulations and development standards set forth in Chapter 5 of the BAP were developed prior to the adoption of the City’s Zoning Ordinance update, which became effective on July 24, 2015; and
WHEREAS, the processes and standards in the BAP have proven to be overly complex, unclear, onerous, and do not incentivize housing; and WHEREAS, as a result, since its adoption, only three housing projects have been proposed in the Bergamot area, as well as very limited commercial development; and

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Packet Pg. 335 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 7 WHEREAS, in preparing the design standards for implementation of Housing Element Program 1.E, which includes review of the development standards set forth in Chapter 5 of the BAP, it has become apparent that developing revised design standards for non-housing projects will provide consistency and ease of use; and WHEREAS, further, review of the land use regulations in Chapter 5 of the BAP has highlighted inconsistencies between the BAP and the Zoning Ordinance, particularly due to the development of use classifications in the Zoning Ordinance that were not in existence at the time the BAP was adopted; and
WHEREAS, repeal of Chapter 5 of the BAP and integration of the land use regulations and development standards for the BAP into the Zoning Ordinance will increase efficiency, ease of use, and consistency for land use regulations and development standards throughout the City; and
WHEREAS, additional amendments to the text of the Zoning Ordinance are necessary to ensure internal consistency as well as consistency with the City’s General Plan and the Bergamot Area Plan; and
WHEREAS, on June 4, 2024, in accordance with Santa Monica Municipal Code section 9.46.030(B), the Planning Commission adopted a Resolution of Intention, Resolution Number 24-005 (PCS) declaring its intention to consider recommending to the City Council that the Council amend the text of the City’s Zoning Ordinance to integrate development standards and land use regulations for the Bergamot Area Plan, update development standards for non-housing projects, and make other minor amendments for consistency; and

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Packet Pg. 336 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 8 WHEREAS, on April 9, 2019, the City Council adopted Ordinance Number 2606 (CCS), which, in part, amended text of the City’s Zoning Ordinance to update the City’s regulations on fortunetelling; and
WHEREAS, January 11, 2022, the City Council adopted Ordinance Number 2687 (CCS), which amended the text of the City’s Zoning Ordinance to remove the minor use permit requirement for tattoo parlors in the City’s Downtown and Mixed-Use and Commercial Districts; and
WHEREAS, in subsequent amendments to the City’s Zoning Ordinance, revisions enacted by Ordinance Numbers 2606 and 2687 were inadvertently omitted; and WHEREAS, the City Council desires to correct those inadvertent omissions; and WHEREAS, on August 7, 2024, in accordance with Santa Monica Municipal Code section 9.46.060(B), 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, for consistency with the goals, policies, and programs in the second phase of the Housing Element implementation and to integrate development standards and land use regulations for the Bergamot Area Plan; allow for the separate conveyance of accessory dwelling units in accordance with AB 1033; incorporate interim zoning regulations authorizing the establishment, by resolution, of objective design standards for housing projects that qualify for the streamlined, ministerial approval process established by SB 35; incorporate updates for consistency with recent changes to State law; and make other minor changes, clarifications, and corrections, adopted a Resolution of Recommendation, Resolution Number 24-011 (PCS),

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Packet Pg. 337 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 9 recommending that the City Council amend the text of the Zoning Ordinance based on the following findings:

1. The proposed amendments to the text of the Zoning
Ordinance are consistent with the General Plan and any applicable specific plan in that that the amendments are required to implement all or portions of 6th Cycle Housing Element Programs 1.B (Streamline the Architectural Review Process); 1.E (Revise the Design Standards in the Bergamot Area Plan); 1.H (Adaptive Reuse); 1.I (Innovations in Construction Technology);

2.B (Right of First Offer Ordinance); 2.C (Update the City’s Affordable Housing Production Program – Part 2); 2.I (Zoning for Variety of Housing Types); 3.A (Restrict the Removal of Existing Rental and Protected Units);

3.E (Maintain a Low Income Residential Repair Program); and 5.B (Low Barrier Navigation Centers As By-Right Use), and to ensure consistency with programs that were previously implemented, and are otherwise consistent with the goals and policies of the General Plan. The proposed amendments also integrate development standards and land use regulations from the Bergamot Area Plan to increase efficiency, ease of use, and consistency for land use regulations and development standards throughout the City, and are otherwise consistent with the goals and policies of the Bergamot Area Plan.

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Packet Pg. 338 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 10 that the amendments are necessary to implement housing programs in the 6th Cycle Housing Element and to achieve the level of housing production mandated by the City’s Regional Housing Needs Allocation, ensure consistency with State law, cure inconsistencies, and otherwise maintain the existing policies, standards and regulations of the Zoning Ordinance that promote public health, safety and welfare.

WHEREAS, on September 24, 2024, the City Council conducted a duly noticed hearing, and, after considering all oral and written testimony, desires to adopt the proposed amendments to the text of the Zoning Ordinance to: ensure consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element as part of the second phase of implementation; allow for the separate conveyances of primary dwelling units and ADUs in accordance with AB 1033; incorporate interim zoning regulations authorizing the establishment, by resolution, of objective design standards for housing projects that qualify for the streamlined, ministerial approval process established by SB 35; integrate development standards and land use regulations for the Bergamot Area Plan, with amendments for consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element, updates to development standards for nonhousing projects, and other minor amendments for consistency; provide consistency with recent changes to State housing laws; and make other minor changes, corrections, and clarifications as necessary, 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. 339 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 11 SECTION 1. Based upon the oral and written testimony presented to the City Council at the public hearing on September 24, 2024, regarding the proposed changes to the text of the Zoning Ordinance, for consistency with the goals, policies, and programs in the second phase of the Housing Element implementation; allow for the separate conveyance of accessory dwelling units in accordance with AB 1033; incorporate interim zoning regulations authorizing the establishment, by resolution, of objective design standards for housing projects that qualify for the streamlined, ministerial approval process established by SB 35; integrate development standards and land use regulations for the Bergamot Area Plan, with amendments for consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element, updates to development standards for non-housing projects, and other minor amendments for consistency; incorporate updates for consistency with recent changes to State law; and make other minor changes, clarifications, and corrections the City Council hereby makes the following findings:

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Packet Pg. 340 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 12 3.E (Maintain a Low Income Residential Repair Program); and 5.B (Low Barrier Navigation Centers As By-Right Use), and to ensure consistency with programs that were previously implemented, and are otherwise consistent with the goals and policies of the General Plan. The proposed amendments also integrate development standards and land use regulations from the Bergamot Area Plan to increase efficiency, ease of use, and consistency for land use regulations and development standards throughout the City, and are otherwise consistent with the goals and policies of the Bergamot Area Plan.

2. The proposed amendments are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety and welfare in that the amendments are necessary to implement housing programs in the 6th Cycle Housing Element and to achieve the level of housing production mandated by the City’s Regional Housing Needs Allocation, ensure consistency with State law, cure inconsistencies, and otherwise maintain the existing policies, standards and regulations of the Zoning Ordinance that promote public health, safety and welfare.

Section 2. Article 9 of the Santa Monica Municipal Code is hereby amended to read as set forth in Exhibit A, 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

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Packet Pg. 341 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 13 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. 342 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 14 EXHIBIT A
Amendments to the Text of the Zoning Ordinance for Consistency with the Goals, Policies, and Programs Set Forth in the 6th Cycle (2021-2029) Housing Element; to Allow for the Separate Conveyances of Accessory Dwelling Units in Accordance with AB 1033; Incorporate Interim Zoning Regulations Authorizing the Establishment of Objective Design Standards for Housing Projects that Qualify for the Streamlined Ministerial Approval Established by SB 35; Integrate Development Standards and Land Use Regulations for the Bergamot Area Plan, with Amendments for Consistency with the Goals, Policies, and Programs Set Forth in the 6th Cycle (2021-2029) Housing Element, Updates to Development Standards for Non-Housing Projects, and Other Minor Amendments for Consistency with the Zoning Ordinance; For Consistency with Recent Updates to State Housing Law; and Making other Minor Changes, Corrections and Clarifications
[BEHIND THIS PAGE]

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Packet Pg. 343 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 1 DIVISION 1: INTRODUCTORY PROVISIONS
Chapter 9.02, Establishment of Zoning Districts

Page 1 of 313 ends

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Packet Pg. 344 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 2 CHAPTER 9.02 ESTABLISHMENT OF ZONING DISTRICTS

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

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

TABLE 9.02.010.A: BASE ZONING DISTRICTS
Short Name/Map Symbol Full Name
Single-Unit Residential District
R1 Single-Unit Residential
Multi-Unit Residential Districts
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
Ocean Park Neighborhood Districts
OP1 Ocean Park Single-Unit Residential
OPD Ocean Park Duplex
OP2 Ocean Park Low Density Residential
OP3 Ocean Park Medium Density Residential
OP4 Ocean Park High Density Residential
Mixed-Use and Commercial Districts
MUBL Mixed-Use Boulevard Low
MUB Mixed-Use Boulevard
GC General Commercial
NC Neighborhood Commercial

Page 2 of 313 ends

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Packet Pg. 345 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 3 Employment Districts
HMU Healthcare Mixed-Use
IC Industrial Conservation
OC Office Campus
Oceanfront Districts
OF Oceanfront
Public and Semi-Public Districts
CC Civic Center
PL Institutional/Public Lands
OS Parks and Open Space
Residential Mobile Home Park District
RMH Residential Mobile Home Park
Bergamot Area Plan Districts
BTV Bergamot Transit Village
MUC Mixed Use Creative
CAC Conservation: Art Center
CCS Conservation: Creative Sector
PPC Pedestrian Priority Corridor Overlay
RP Retail Priority Overlay
Downtown Community Plan Districts
LT
NV
BC
TA
OT
WT
Lincoln Transition
Neighborhood Village
Bayside Conservation
Transit Adjacent
Ocean Transition
Wilshire Transition
Memorial Park Neighborhood Area Plan Districts (to be determined as part of Area Plan process)

Page 3 of 313 ends

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Packet Pg. 346 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 4 B. References to Classes of Base Districts. Throughout the Ordinance, the following references apply:

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

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

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

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

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Packet Pg. 347 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 5 TABLE 9.02.010.B: OVERLAY ZONING DISTRICTS
Short Name/Map Symbol Full Name
AC Activity Center
NC Neighborhood Conservation
A Off-Street Parking
BCH Beach
MHO Moderate Income Housing Overlay
PPC Pedestrian Priority Corridor Overlay
RP Retail Priority Overlay

Page 5 of 313 ends

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Packet Pg. 348 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 1 DIVISION 2: BASE AND OVERLAY DISTRICTS
Chapter 9.07, Single-Unit Residential District
Chapter 9.08, Multi-Unit Residential Districts
Chapter 9.09, Ocean Park Neighborhood Districts
Chapter 9.10, Downtown Districts
Chapter 9.11, Mixed-Use and Commercial Districts
Chapter 9.12, Bergamot Districts and Memorial Park Neighborhood Area Plan District Chapter 9.13, Employment Districts
Chapter 9.14, Oceanfront District
Chapter 9.15, Public and Semi-Public Districts
Chapter 9.18, Activity Center & Neighborhood Conservation Overlay Districts and Memorial Park Neighborhood Area Plan District
Chapter 9.19, Moderate Income Overlay District

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Packet Pg. 349 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 2 CHAPTER 9.07 SINGLE-UNIT RESIDENTIAL DISTRICT

9.07.020 Land Use Regulations.

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

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

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

Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and subclassifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table 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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Packet Pg. 350 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 3 TABLE 9.07.020: LAND USE REGULATIONS—SINGLE-UNIT RESIDENTIAL DISTRICTS Use Classification R1 Additional Regulations
Residential Uses
Residential Dwelling Housing Types
See sub-classifications below.

Single-Unit Dwelling P
Accessory Dwelling Unit P Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Junior Accessory Dwelling
Unit
P Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Multiple-Unit Dwelling L(1) Section 9.31.195, Multiple-Unit Dwelling Projects Duplex P Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential
Senior Citizen MultipleUnit DwellingL(1) Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling L(1) Section 9.31.195, Multiple-Unit Dwelling Projects Single-Unit Dwelling P
Housing Types for Specific Needs
Employee Housing P
Family Day Care See sub-classifications below.

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

Residential Care, Limited P
Hospice, Limited P
Supportive Housing P
Transitional Housing P Section 9.31.110, Congregate and Transitional Housing Public and Semi-Public Uses
Adult Day Care CUP
Child Care and Early
Education Facility
CUP Section 9.31.120, Child Care and Early Education Facilities

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Packet Pg. 351 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 4 Bed and Breakfast CUP Within Designated Landmarks only.

Section 9.31.090, Bed and Breakfasts
Community Assembly CUP Section 9.31.100, Community Assembly Community Gardens P
Park and Recreation
Facilities, Public
P
Schools, Public or Private CUP
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P
Utilities, Minor P
Specific Limitations
(1) Permitted only on parcels with existing surface parking lots:
(a) Owned in whole or in part by a Community Assembly use in accordance with requirements of Section

9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots; or (b) Associated with existing multiple-unit dwellings or commercial uses in accordance with requirements of Section 9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots.

9.07.030 Development Standards.

Table 9.07.030 prescribes the development standards for the Single-Unit Residential (R1) District. Additional regulations, including incentives for the retention of existing homes, are denoted with Section numbers throughout the table. Specific R1 District design review criteria is located directly following the table:

TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT Standard R1 Additional Regulations
Parcel and Density Standards
Minimum Parcel Area (sq.
ft.) 5,000
Maximum Parcel Area (sq.
ft.) See Section 9.21.030(B)
Minimum Parcel Width (ft.) 50 For parcels bounded by the centerlines of

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Packet Pg. 352 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 5 TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT Standard R1 Additional Regulations
Minimum Parcel Depth (ft.) 100
First Court Alley, Seventh Street, Montana
Place North Alley, and Adelaide Drive, the
minimum parcel width is 100 ft. and the
minimum parcel depth is 175 ft.

Maximum Allowable
Density 1 unit per parcel
Accessory Dwelling Units and Junior
Accessory Dwelling Units shall be permitted
as provided in Section 9.31.125, Accessory
Dwelling Units and Junior Accessory
Dwelling Units
A duplex shall be permitted as provided in
Section 9.31.125, Duplexes and Lot Splits
on Parcels Zoned for Single-Unit
Residential
Maximum Parcel Coverage (% of Parcel Area)
One-story structure less
than 18 ft. in height 50%
For parcels less than 5,000 sq. ft., a
maximum parcel coverage equaling
2,500 sq. ft. shall be permitted.

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

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

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

Existing structure with
addition
(Applies to projects that do
not result in a demolition as
defined in Chapter 9.25,
Demolition and Relocation.)
55%
For a two-story structure, parcel
coverage shall be the sum of
ground floor parcel coverage and
second story parcel coverage.

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

Building Form and Location
Maximum Number of
Stories
2 Maximum Building Height (ft.)

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Packet Pg. 353 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 6 TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT Standard R1 Additional Regulations
Parcels up to 20,000 sq.
ft. in area
28 ft.
with no wall height above 23 ft.

Walls associated with roof structure
design such as gables and dormers are
permitted above 23 ft., provided such
walls comply with upper-story
stepback requirements.

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

Rear 15 ft. from rear parcel line

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Packet Pg. 354 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 7 Additional Minimum Stepbacks for Upper Stories
Front Upper-Story
Stepback
The sum of all stepback areas
along the entire front building
elevation shall be at least 1% of
total parcel area and comply with
the requirements below.

However, if the entire upper story
is set back at least 3% of total
parcel depth from the required
front setback, no front upperstory stepback is required. • Each stepback area shall begin
at the required front setback
and shall comply with the
following: o The minimum stepback
depth shall be 3% of total
parcel depth and shall be
measured from the required
front setback.
o The maximum stepback
depth shall be 6% of total
parcel depth and shall be
measured from the required
front setback.
o Any stepback depth beyond
6% of total parcel depth
shall not be included in
calculating compliance with
this standard.
• Any stepback area used to
comply with a side upper-story
stepback requirement shall not
be included in calculating
compliance with this standard.

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Packet Pg. 355 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 8 Side Upper-Story
Stepbacks
The sum of all stepback areas on
each side building elevation shall
be at least 1% of total parcel area
and comply with the
requirements below. However, if
the entire upper story is set back
at least 20% of total parcel width
from the side parcel line, no side
upper-story stepback is required
for the subject elevation. • Each stepback area shall begin at each respective minimum
side setback line and shall
comply with the following: o The minimum stepback
depth shall be 20% of total
parcel width and shall be
measured from the side
parcel line.
o The maximum stepback
depth shall be 25% of total
parcel width and shall be
measured from the side
parcel line.
o Any stepback depth beyond
25% of total parcel width
shall not be included in
calculating compliance with
this standard.
• Any stepback area used to
comply with a front upper-story
stepback requirement shall not
be included in calculating
compliance with this standard.

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Packet Pg. 356 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 9 Sides—All portions of
buildings exceeding 23 ft.
in height
• No portion of a building other
than a permitted projection
shall intersect a plane
commencing at 23 ft. in height
at the minimum side setback
that extends at an angle of 45-
degrees from the vertical
toward the interior of the site.
• The 23 ft. height measurement
shall be taken from the same
reference grade as determined
for the subject site pursuant to
Section 9.04.050.

Upper-Story Outdoor Space
Maximum size of
individual balcony,
terrace, deck, first-story
roof deck, or similar
outdoor space
3% of parcel area or 300 sq. ft.,
whichever is less
Individual balconies, terraces, decks,
first-story roof decks, or similar
outdoor spaces larger than 100 sq. ft.
located in the rear half of the parcel
shall be set back a minimum distance
of 20% of the parcel width from the
side parcel lines.

Maximum size of roof
deck above second story 3% of parcel area or 300 sq. ft., whichever is less
Maximum of 1 per parcel with a 7 ft.
minimum setback from edges of
building.

Openness and Use of Setbacks
Maximum Front Setback Paving (% of required front setback area)
Parcels 25 ft. or more in
width
50%
Parcels less than 25 ft. in
width
60%
Building Projections into
Setbacks
See Section 9.21.110, Projections from Buildings into Minimum Required Setbacks and Daylight Plane
Excavation for Lightwells, Stairwells, and Access to Subterranean Garages and Basements

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Packet Pg. 357 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 10 Basements and
subterranean garages
No basement or subterranean
garage shall extend into any
setback area, except for any
basement or garage located
beneath an accessory building
which is otherwise permitted
within a setback area, if such
basement, semi-subterranean, or
subterranean garage is located at
least 5 ft. from any parcel line
Lightwells and stairwells
• Side and rear setbacks may be
utilized for lightwells or
stairways to below-grade areas
• Excavated areas shall be set
back a minimum of 10% of the
parcel width from any parcel
line measured to the interior
wall surface of these excavated
areas
• For parcels where the aggregate side
setback is not required, up to a total
of 50 sq. ft. within the side and rear
setbacks may be utilized for
lightwells or stairways to belowgrade areas.
• Retaining walls shall not be
included in calculations for these
excavated areas.

Excavation for access
Excavation in the front setback
area for a driveway, stairway,
doorway, or other such element
for access purposes shall be no
deeper than 3 ft. below existing
grade
Vehicle Accommodation
Parking • See Sections 9.28.070, Location of Parking
• Section 9.28.120, Parking Design and Development Standards Driveways
• On parcels less than 100 ft. in width, no more than one driveway permitted
• See Section 9.28.120, Parking Design and Development Standards Incentives for Retention of Existing Homes
Building Additions Section 9.21.170, Building Additions Extending into Minimum Side Setbacks
Modifications to
Development Standards
Chapter 9.43, Modification and Waivers
Architectural Review

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Packet Pg. 358 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 11 Architectural Review See Section 9.07.030(A)
Additional Standards
Accessory Buildings and
Structures
Section 9.21.020, Accessory Buildings and Structures
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Affordable Housing
Production Program Chapter 9.64, Affordable Housing Production Program Basements Section 9.52.020.0230, Basement Definition
Duplexes and Lot Splits on
Parcels Zoned for SingleUnit Residential
Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for SingleUnit Residential Fences, Walls, and Hedges Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling
Units
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Landscaping Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling
Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling
Projects Located on
Community Assembly
Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Multiple-Unit Dwelling
Projects Located on
Residentially Zoned Surface
Parking Lots
Section 9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots
Off-Street Parking Chapter 9.28, Parking, Loading, and Circulation Private Tennis Courts Section 9.31.250, Private Tennis Courts Projections from Buildings
into Minimum Setbacks
Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane

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Packet Pg. 359 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 12 Projections into Height
Limits
Section 9.21.060, Height Projections
Refuse and Recycling
Screening and Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards Solar Energy Systems Section 9.21.150, Solar Energy Systems A. Architectural Review.

1. Proposed development in the R1 Single-Unit District shall not be subject to architectural review if it conforms to the development standards set forth above except as follows:
a. The Architectural Review Board shall review any proposed duplex pursuant to Section 9.55.140.
b.
i. The Architectural Review Board shall review proposed development that is located on a parcel with a grade differential of 12.5 feet or more between the front and rear parcel lines, and associated with the following:
(a) New residential building; or
(b) A 50% or greater square foot addition to an existing dwelling unit.
ii. A proposed structure may be approved if its size, mass, and placement are found to be compatible with improvements in the immediate neighborhood.

2. The Architectural Review Board shall review and may approve proposed development that does not conform to the development standards set forth above as follows:

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12.A.d
Packet Pg. 360 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 13 a. The Architectural Review Board shall review any proposed addition of 500 square feet or less that is regarded as a third story that is located on a parcel with a grade differential of 12.5 or more between the front and rear parcel lines.

The Architectural Review Board may approve such an addition if the following findings of fact are made
i. The street frontage and overall massing are compatible with the existing scale and neighborhood context;
ii. The addition does not enlarge the first-story of the existing residence such that a nonconforming condition is expanded; and
iii. The properties in the immediate neighborhood will not be substantially impacted.
b.
i. The Architectural Review Board shall review the following:
(a) Any proposed new structure on a parcel that is more than 45 feet in width that does not comply with the minimum aggregate side setback but that is set back a minimum of 10% of parcel width on each side; (b) Any proposed addition to an existing structure on a parcel 50 feet or more that does not comply with the minimum aggregate side setback but that is set back a minimum of 10% of parcel width on each side; (c) Any proposed two-story structure that does not conform to the standard set forth above for additional minimum stepbacks for upper stories;

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Packet Pg. 361 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 14 (d) Any proposed structure that does not conform to the standards for subterranean garages and basements set forth in Table

9.07.030, Chapter 9.28 (Parking), and Section 9.52.020.230 of this Code; (e) Any proposed individual upper story balcony, terrace, deck, first-story roof deck, or similar outdoor space that does not conform to the standard set forth above;
(f) Any proposed structure with garage doors that face the public street, are located within the front half of the parcel, and: (i) are not set back from the primary façade facing the public street a minimum of 5 feet, or (ii) are more than 16 feet in width; or
(g) Any proposed structure that includes a first-story porch or second-story balcony that: (i) is open on at least three sides, (ii) has a height of no more than 14 feet, including parapets and railings, (iii) projects into the minimum front setback, and (iv) exceeds 50% of the front building width as measured at the front façade.
ii. The Architectural Review Board may approve a design modification set forth in this subsection if the following findings of fact are made:
(a) There are special circumstances or exceptional
characteristics applicable to the property involved, including size, shape, topography, surroundings, or location of the existing improvements or mature landscaping on the site;

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12.A.d
Packet Pg. 362 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 15 (b) Granting the design modification will not be detrimental or injurious to the property or to improvements in the general vicinity and district in which the property is located;
(c) Granting the design modification will not impair the integrity and character of surrounding context, or impact the light, air, open space, or privacy of adjacent properties;
(d) If the design modification includes a modification or addition to a building on the City’s Historic Resources Inventory, the modification or addition is compatible with the building’s historic architectural character, does not result in the removal of historic building features, and is consistent with the Secretary of the Interior Standards for Rehabilitation; and (e) The design modifications comply with the criteria set forth in Section 9.55.140.

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Packet Pg. 363 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 16 CHAPTER 9.08 MULTI-UNIT RESIDENTIAL DISTRICTS

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

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

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Packet Pg. 364 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 17 TABLE 9.08.020: LAND USE REGULATIONS—MULTI-UNIT RESIDENTIAL DISTRICTS Use Classification
*For uses within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Residential Uses
Residential Dwelling Housing Types
See sub-classifications below.

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 P P P Section 9.31.195, Multiple-Unit Dwelling Projects
Duplex P P P Section 9.31.195, Multiple-Unit
Dwelling Projects
Multiple-Unit Dwelling P P P Section 9.31.195, Multiple-Unit Dwelling Projects
Senior Citizen Multiple-Unit Dwelling
Residential P P P Section 9.31.195, Multiple-Unit
Dwelling Projects
Housing Types for Specific Uses
Congregate Housing P P P Section 9.31.110, Congregate
Housing
Single-Room Occupancy Housing P P P Section 9.31.330, Single Room Occupancy Structures
Group Residential MUP MUP MUP
Congregate Housing P P P Section 9.31.110, Congregate and Transitional Housing
Senior Group Residential P P P Section 9.31.310, Senior Group Residential
Elderly and Long-Term Care CUP CUP CUP
Emergency Shelters – CUP CUP Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.

Large P P P Section 9.31.140, Family Day Care,
Large
Small P P P
Group Residential MUP MUP MUP Section 9.31.155, Group Residential Senior Group Residential P P P Section 9.31.155, Group Residential Residential Facilities See sub-classifications below.

Residential Care, General MUP MUP MUP Section 9.31.270, Residential Care Facilities
Residential Care, Limited P P P Section 9.31.270, Residential Care Facilities
Residential Care, Senior L(2) /MUP L (2)/MUP L (2)/MUP Section 9.31.270, Residential Care Facilities
Hospice, General MUP MUP MUP Section 9.31.270, Residential Care Facilities

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12.A.d
Packet Pg. 365 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 18 TABLE 9.08.020: LAND USE REGULATIONS—MULTI-UNIT RESIDENTIAL DISTRICTS Use Classification
*For uses within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Hospice, Limited P P P Section 9.31.270, Residential Care Facilities
Single-Room Occupancy Housing P P P Section 9.31.330, Single Room Occupancy Structures
Supportive Housing P P P
Transitional Housing P P P Section 9.31.110, Congregate and Transitional Housing
Public and Semi-Public Uses
Adult Day Care CUP CUP CUP
Child Care and Early Education Facilities CUP CUP CUP Section 9.31.120, Child Care and Early Education Facilities
Community Assembly CUP CUP CUP Section 9.31.100, Community Assembly
Community Gardens P P P
Cultural Facilities CUP CUP CUP Limited to Designated Landmarks Park and Recreations Facilities, Public P P P
Schools, Public or Private CUP CUP CUP
Commercial Uses
Automobile/Vehicle Sales and Services See sub-classifications below.

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

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

Bed and Breakfast CUP CUP CUP
Within Designated Landmarks only.

Section 9.31.090, Bed and
Breakfasts
Hotels and Motels – – CUP
Mobile Food Truck Off-Street Venues – MUP (7) – Section 9.31.190, Mobile Food Truck Off-Street Venues
Personal Services, Physical Training – L (9) –
Retail Sales See sub-classifications below.

General Retail Sales, Small-Scale – CUP (8) –
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P P P
Utilities, Minor P P P

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12.A.d
Packet Pg. 366 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 19 TABLE 9.08.020: LAND USE REGULATIONS—MULTI-UNIT RESIDENTIAL DISTRICTS Use Classification
*For uses within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Specific Limitations:
(1) Reserved.
(2) Facilities for 6 or fewer residents are permitted by right. Other facilities require approval of a Minor Use Permit. (3) Limited to automobile storage use associated with and adjacent to existing auto dealerships that were legally established before July 6, 2010, and according to the standards of Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage. (4) Auto dealership uses existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships in residential zones are subject to approval of a Conditional Use Permit and must conform to the standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage. New auto dealerships and expansions of existing dealerships inconsistent with Section 9.31.070 are prohibited. (5) Only stores up to 2,500 square feet may be allowed with approval of a Conditional Use Permit. Stores must be located at least 300 feet from another retail food and beverage services use.
(6) Reserved.
(7) Mobile food truck off-street venues shall only be located on the R3A overlay parcels located between Ocean Park Boulevard and Hill Street along the east side of Neilson Way.
(8) Limited to bicycle and skate rental facilities along Ocean Front. Other general retail sales uses are not permitted. (9) Limited to youth-serving studios of less than 3,000 square feet offering performing arts, dance, martial arts, physical exercise, and similar types of instruction in buildings designed and constructed for commercial purposes across an alley from the Downtown district subject to a passenger loading and drop-off plan to be reviewed and approved by the Director.

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

TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS Standard
*For development standards
within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Parcel and Density Standards
Minimum Parcel Size (sq. ft.) 5,000 5,000 5,000
Maximum Parcel Size (sq. ft.) See

9.21.030(B)(C)
See

9.21.030(B)(C)
Minimum Parcel Width (ft.) 50 50 50
Minimum Parcel Depth (ft.) 100 100 100
Maximum Allowable Density

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Packet Pg. 367 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 20 TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS Standard
*For development standards
within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Tier 1—Base Standard
1 unit per 2,000
sq. ft. of parcel
area (or 4 total
units, whichever
is less)
1 unit per 1,500
sq. ft. of parcel
area (or 5 total
units, whichever
is less)
1 unit per 1,250
sq. ft. of parcel
area (or 6 total
units, whichever
is less)
For parcels consolidated to
provide courtyards, the
maximum allowable
number of units shall be
based on the total maximum
number of units allowed on
each of the parcels prior to
consolidation.

For projects eligible for
density bonus, see Section

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

Maximum Building Height (ft.)
Tier 1—Base Standard 30. See (B) 30. See (B) 30. See (B) Tier 2—With Provision of
Community Benefits NA 40. See (B) 45. See (B) Chapter 9.23, Community Benefits 100% Affordable Housing
Projects 30. See (B) 40. See (B) 45. See (B)
Maximum Parcel Coverage
Maximum Parcel Coverage (% of
Parcel Area) 50 50 50
For projects with a base
density consisting of 8 to 10
units, an increase in parcel
coverage shall be permitted
as necessary to ensure a
Floor Area Ratio of 1.25
Minimum Setbacks
Front (ft.) 20
See (C)(E)
20 See (C)(E)
20 See (C)(E)
Interior Side (ft.)—Parcels 50 feet
or more in width
8 See (E)
8 See (E)
8 See (E)
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, side setbacks shall
be 4’.

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Packet Pg. 368 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 21 TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS Standard
*For development standards
within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Interior Side (ft.)—Parcels less
than 50 ft in width
4, or 16% of
parcel width,
whichever is
greater. See (E)
4, or 16% of
parcel width,
whichever is
greater. See (E)
4, or 16% of
parcel width,
whichever is
greater. See (E)
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, side setbacks shall
be 4’.

Street Side (% of parcel width) 15
See (C)(E)
15 See (C)(E)
15 See (C)(E)
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, side setbacks shall
be 4’.

Rear (ft.) 15 15 15
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, rear setbacks shall
be 4’.

Parking
See Sections 9.28.070, Location of Parking and

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

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

See (F)
Minimum Planting Area (% of parcel
area) 30. See (G) 25. See (G) 20. See (G) Chapter 9.26, Landscaping Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing Production
Program Chapter 9.64, Affordable Housing Production Program Density Bonus Chapter 9.22, Density Bonus

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Packet Pg. 369 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 22 TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS Standard
*For development standards
within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Exceptions to Height Limits Section 9.21.060, Height Exceptions Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Landscaping Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects
Located on Community Assembly
Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Multiple-Unit Dwelling Projects
Located on Residentially Zoned
Surface Parking Lots
Section 9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Height Limits Section 9.21.060, Height Projections Projections into Required Setbacks Section 9.21.110, Projections from Buildings into Minimum Required Setbacks and Daylight Plane
Refuse and Recycling Screening and
Enclosure Section 9.21.130, Resource Recovery and Recycling Standards Screening Section 9.21.140, Screening
Signs Chapter 9.61, Signs
Solar Energy Systems Section 9.21.150, Solar Energy Systems A. Development Standards, Specified Areas. The following development standards shall govern in the areas defined below.

1. For Multi-Unit Residential District parcels located north of the Pier and west of Ocean Avenue, the following development standards shall apply in lieu of the corresponding land use regulations specified in Table 9.08.020 and development standards specified in Table 9.08.030:

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Packet Pg. 370 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 23 a. Uses.
i. Permitted Uses: Single-Unit Dwelling; Accessory Dwelling Unit; Junior Accessory Dwelling Unit; Employee Housing; Single-Room Occupancy Housing; Congregate Housing; Multiple-Unit Dwelling; Duplex; Senior Citizen Multiple-Unit Dwelling; Senior Group Residential; Family Day Care, Large; Family Day Care, Small; Supportive Housing; Transitional Housing; Residential Care, Limited; Hospice, Limited; One-Story Accessory Building and Structures up to 14 feet in height; Parks and Recreation Facilities, Public Public Parks and Playgrounds.
ii. Uses Subject to Minor Use Permits: Residential Care, General; Hospice, General; Group Residential; One-story accessory living quarters up to 14 feet in height on parcels having a minimum area of 10,000 square feet. iii. Conditionally Permitted Uses: Bed and Breakfast; Adult Day Care Center; Group Residential; Residential Care Facility; Offices and Meeting Rooms for Charitable, Youth, and Welfare Organizations; Schools, Public or Private.
b. Maximum Building Height. Maximum building height shall be 40 feet, except that:
i. No portion of the building may project beyond the site view envelope.

The site view envelope is a theoretical plane beginning mid-point at the minimum required beach setback line and extending to a height of 30 feet, and then running parallel with the side parcel lines to a point located 5 feet in height above the top of the Palisades bluff immediately behind the pedestrian railing.

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Packet Pg. 371 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 24 ii. No portion of the building above 23 feet for a flat roof, and 30 feet for a pitched roof may exceed 30 feet in width. Multiple projections above 23 feet for a flat roof and 30 feet for a pitched roof shall be separated by a minimum 20-foot wide unobstructed view corridor. No projections, connections, or mechanical equipment may be placed in the view corridor. c. Maximum Allowable Density. For parcels 4,000 square feet or more, the maximum unit density shall be one dwelling unit for each 1,500 square feet of parcel area, or 4 total units, whichever is less. For parcels less than 4,000 square feet that existed on September 8, 1988 or parcels 40 feet or less in width, one dwelling unit may be permitted, except that more units may be otherwise permitted in accordance with Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential. Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025 shall be deemed to meet the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located.
d. Maximum Parcel Coverage. 50% of the parcel area. For projects with a base density consisting of 8 to 10 units, an increase in parcel coverage shall be permitted as necessary to ensure a Floor Area Ratio of 1.25. e. Front Yard Setback. The minimum required front yard setback shall be either 20 feet or shall comply with the minimum front yard setback for the district as set forth in the Official Districting Map, whichever area is greater. At least 30% of the building elevation above 14 feet in height shall provide an additional 5-foot average stepback setback from the minimum required front yard setback.

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Packet Pg. 372 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 25 f. Beach Rear Yard Setback. 15 feet for parcels 100 feet or less in depth and 55 feet for parcels over 100 feet in depth. Notwithstanding the foregoing, for ownership projects that comply with Government Code 66499.41 or rental projects 10 units or less deemed complete as of July 1, 2024, rear setbacks shall be 4 feet.
g. Side Yard Setback. The minimum required side yard setback shall be determined in accordance with the following formula, except that for lots of less than 50 feet in width, the minimum required side setback yard shall be 10% of the parcel width, but in any event not less than 4 feet:
5′ + (stories x parcel width)
50′
At least 25% of the side elevation above 14 feet in height shall provide an additional 4-foot average stepback setback from the minimum required side yard setback.

Notwithstanding the foregoing, for ownership projects that comply with Government Code 66499.41 or rental projects 10 units or less deemed complete as of July 1, 2024, side setbacks shall be 4 feet.
h. Minimum Parcel Size. 5,000 square feet. Each parcel shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that parcels existing on September 8, 1988 shall not be subject to this requirement. i. View Corridor. A structure with 70 linear feet or more of frontage parallel to Pacific Coast Highway shall provide an unobstructed view corridor between Pacific Coast Highway and the ocean. The view corridor shall be a

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Packet Pg. 373 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 26 minimum of 20 feet in width and 40 feet in height measured from the property line parallel to the Pacific Coast Highway.
j. Parking. Uncovered parking may be located in the front half of the parcel and within the minimum required front yard setback. k. Private Open Space. Any project containing 4 or more residential dwelling units shall provide the following minimum open space: 100 square feet per unit for projects with 4 or 5 units, and 50 square feet per unit for projects of 6 units or more. For purposes of this requirement, “residential dwelling unit” shall mean any unit 376 square feet in area or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space.
l. Projections into Beach Rear Yard Setback. For parcels 100 feet or less in depth, balconies, decks, porches, and similar structures that are open and unenclosed on at least 2 sides shall be allowed to extend to the rear property line in the beach rear yard setback but not within the minimum side yard setbacks.

2. For Multi-Unit Residential District parcels bounded by Neilson Way to the east, Ocean Park Boulevard to the south, Barnard Way to the west, and up to and including the parcels on the north side of Wadsworth Avenue to the north, the following development standards shall apply in lieu of the corresponding land use regulations specified in Table 9.08.020 and development standards specified in Table 9.08.030:
a. Uses.
i. Permitted Uses: Single-Unit Dwelling; Duplex on any legal parcel that existed on August 31, 1975; Accessory Dwelling Unit; Junior Accessory

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Packet Pg. 374 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 27 Dwelling Unit; Employee Housing; Family Day Care, Small; Family Day Care, Large; Residential Care, Limited; Hospice, Limited; Supportive Housing, Transitional Housing; Parks and Recreation Facilities, Public Parks and Playgrounds.
ii. Uses Subject to Minor Use Permits: One-story accessory buildings up to 14 feet in height on parcels having a minimum area of 10,000 square feet, exclusive of Accessory Dwelling Units and Junior Accessory Dwelling Units; Residential Care, General; Hospice, General.
iii. Conditionally Permitted Uses: One-story accessory buildings over 14 feet in height or two-story accessory buildings up to a maximum of 24 feet, exclusive of Accessory Dwelling Units and Junior Accessory Dwelling Units. b. Maximum Building Height. 2 stories, not to exceed 23 feet for a flat roof or 30 feet for a pitched roof. A “pitched roof” is defined as a roof with at least 2 sides having no less than one foot of vertical rise for every 3 feet of horizontal run. The walls of the building may not exceed the maximum height required for a flat roof. There shall be no limitation on the number of stories of any affordable housing project, as long as the building height does not exceed the maximum number of feet permitted in this Section.
c. Maximum Allowable Density. A minimum of one unit per 1,500 square feet of parcel area, or 4 units total, whichever is less. However, one duplex shall be permitted on any legal parcel that existed on August 31, 1975. Accessory dwelling units and junior accessory dwelling units established in accordance with

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Packet Pg. 375 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 28 Section 9.31.025 shall be deemed to meet the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located. d. Maximum Parcel Coverage. 60% of the parcel area. For projects with a base density consisting of 8 to 10 units, an increase in parcel coverage shall be permitted as necessary to ensure a Floor Area Ratio of 1.25. e. Minimum Parcel Size. 3,000 square feet. Each parcel shall have a minimum depth of 100 feet and a minimum width of 30 feet, except that parcels already developed and existing on September 8, 1988, shall not be subject to this requirement.
f. Front Yard Setback. 10 feet.
g. Rear Yard Setback. 15 feet or for ownership projects that comply with Government Code 66499.41 and rental projects 10 units or less deemed complete as of July 1, 2024, rear setbacks shall be 4 feet. h. Side Yard Setback. The minimum required side yard setback shall be determined in accordance with the following formula, except that for lots of less than 50 feet in width, the minimum required side yard setback shall be 10% of the parcel width, but in any event not less than 4 feet:
5′ + (stories x lot width)/50′
Notwithstanding the foregoing, for ownership projects that comply with Government Code 66499.41 or rental projects 10 units or less deemed complete as of July 1, 2024, side setbacks shall be 4 feet.
i. Front Setback Yard Paving. No more than 50% of the area of the required front yard setback, including driveways, shall be paved.

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Packet Pg. 376 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 29 j. Private Open Space. Any project containing 4 or more residential dwelling units shall provide the following minimum open space: 100 square feet per unit for projects with 4 or 5 units, and 50 square feet per unit for projects of 6 units or more. For purposes of this requirement, “residential dwelling unit” shall mean any unit 376 square feet in area or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space.
k. Design Review. Pursuant to Section 9.55.170, Architectural Review District Boundaries, all projects are subject to design review subject to Chapter

9.55, Architectural Review.

3. For Multi-Unit Residential District parcels bounded by Appian Way to the east, Vicente Terrace to the south, Ocean Front Walk to the west, and Seaside Terrace to the north, the following development standards shall apply in lieu of the corresponding land use regulations specified in Table 9.08.020 and development standards specified in Table 9.08.030:
a. Uses.
i. Permitted Uses: Single-Unit Dwellings; Multiple-Unit Dwellings; Duplex; Senior Citizen Multiple-Unit Dwelling; Accessory Dwelling Unit; Junior Accessory Dwelling Unit; Employee Housing; Single-Room Occupancy Housing; Congregate Housing; Senior Citizen Multiple-Unit Residential; Senior Group Residential; Family Day Care, Large; Family Day Care, Small; Residential Care, Limited; Supportive Housing; Transitional Housing; Hospice,

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Packet Pg. 377 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 30 Limited; One-Story Accessory Building and Structures up to 14 feet in height; Parking and Recreation Facilities, Public Parks and Playgrounds. ii. Uses Subject to Minor Use Permits: One-Story Accessory Living Quarters up to 14 feet in height on parcels having a minimum area of 10,000 square feet; Residential Care, General; Hospice, General; Group Residential. iii. Conditionally Permitted Uses: Bed and Breakfast; Adult Day Care Center; Group Residential; Residential Care Facility; Community Assembly; Emergency Shelter; One-Story Accessory Buildings over 14 feet in height or Two-Story Accessory Buildings up to a maximum of 24 feet; Offices and Meeting Rooms for Charitable, Youth, and Welfare Organizations; Schools, Public and Private; Convenience Market; Bicycle and Skate Rental Facilities; Underground Parking Structures provided the parcel was occupied by a surface parking lot at the time of adoption of this Chapter, the parcel is not adjacent to a parcel in the NC District, the ground level above the underground parking structure is used for residential or public park and open space uses, the structure is associated with an adjacent commercially zoned parcel, and the vehicle access to the underground parking is from the commercially zoned parcel and as far from the residentially zoned parcel as is reasonably possible. b. Maximum Building Height. 2 stories, not to exceed 30 feet, except that there shall be no limitation on the number of stories of any affordable housing project, as long as the building height does not exceed 30 feet. c. Maximum Floor Area Ratio. 1.0. For projects with a base density consisting of 8 to 10 units, a Floor Area Ratio of 1.25 is permitted.

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Packet Pg. 378 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 31 d. Maximum Allowable Density. For projects on parcels of 4,000 square feet or more, one dwelling unit for each 1,500 square feet of parcel area shall be permitted, or 5 units total, whichever is less. For parcels less than 4,000 square feet, one dwelling unit may be permitted if a single-unit dwelling existed on the parcel on September 8, 1988, except that more units may be otherwise permitted in accordance with Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential. Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025 shall be deemed to meet the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located.
e. Maximum Parcel Coverage. 50% of the parcel area. For projects with a base density consisting of 8 to 10 units, an increase in parcel coverage shall be permitted as necessary to ensure a Floor Area Ratio of 1.25. f. Minimum Parcel Size. 5,000 square feet. Each parcel shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that parcels existing on September 8, 1988 shall not be subject to this requirement. g. Front Yard Setback. The minimum required front yard setback shall be either 20 feet, or shall comply with the minimum front yard setback for the district as set forth in the Official Districting Map, whichever area is greater. h. Rear Yard Setback. 15 feet or for ownership projects that comply with Government Code 66499.41 or rental projects 10 units or less deemed complete as of July 1, 2024, rear setbacks shall be 4 feet.

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Packet Pg. 379 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 32 i. Side Yard Setback. The minimum required side yard setback shall be determined in accordance with the following formula, except that for lots of less than 50 feet in width, the minimum required side yard setback shall be 10% of the parcel width, but in any event not less than 4 feet:
5′ + (stories x lot width)/50′
Notwithstanding the foregoing, for ownership projects that comply with Government Code 66499.41 or rental projects 10 units or less deemed complete as of July 1, 2024, side setbacks shall be 4 feet.
j. Private Open Space. Any project containing 4 or more residential dwelling units shall provide the following minimum open space: 100 square feet per unit for projects with 4 or 5 units, and 50 square feet per unit for projects of 6 units or more. For purposes of this requirement, “residential dwelling unit” shall mean any unit 376 square feet in area or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space.
k. Upper-Level Stepback Requirements.
i. Additional Front Stepback Over 14 Feet in Height. For new structures or additions to existing structures, any portion of the front building elevation above 14 feet exceeding 75% of the maximum buildable front elevation shall be stepped back from the front setback line an additional average amount equal to 4% of parcel depth, but in no case resulting in a requirement stepback greater than 10 feet. As used in this Section, “maximum buildable elevation” shall mean the maximum potential length of the elevation permitted under these

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Packet Pg. 380 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 33 regulations, which includes parcel width or length (as applicable), minus required minimum setbacks.
ii. Additional Side Stepback Over 14 Feet in Height. For new structures or additions to existing structures, any portion of the side building elevation above 14 feet exceeding 50% of the maximum buildable side elevation shall be stepped back from the side setback line an additional average amount equal to 6% of parcel width, but in no case resulting in a required stepback greater than 10 feet.
iii. The upper-level stepback requirements may be modified subject to the review and approval of the Architectural Review Board if the Board finds that the modification will not be detrimental to the property, adjoining properties, or the general area in which the property is located, and the objectives of the stepback requirements are satisfied by the provision of alternative stepbacks or other features which reduce effective mass to a degree comparable to the relevant standard requirement.

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

1. R2 District. No portion of the building volume above 23 feet shall encroach into a daylight plane starting at 23 feet above the front setback line and sloping upward at a 45-degree angle toward the rear of the parcel. The 23-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.

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Packet Pg. 381 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 34 2. R3 District. No portion of the building volume above 35 feet shall encroach into a daylight plane starting at 35 feet above the front setback line and sloping upward at a 45-degree angle toward the rear of the parcel. The 35-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.

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

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

C. Front and Side Setbacks.

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

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

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

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

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Packet Pg. 382 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 35 1. The maximum height within 25 feet of an R1 District is 23 feet for a building with a flat roof. A building with a pitched roof may be built to the maximum height.

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

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

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

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

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

3. All required setbacks and stepbacks set forth in Section 9.08.030 shall be open to the sky except for permitted architectural projections contained in Section 9.21.110.

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

45. An additional 2-foot average side stepback setback from the minimum side setback requirement set forth in Section 9.08.030 shall be provided at each story. Stepback Setback areas greater than 5 feet in depth from the

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Packet Pg. 383 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 36 minimum side yard setback, or the area used to comply with the additional stepback setback requirements of this Section, shall not be used to satisfy compliance with this requirement.

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

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

1. Courtyards shall be no less than 10% of the total lot area and in no case less than 1,000 square feet with a minimum width and length of 18 feet measured parallel to the front and side parcel lines. Required setback area shall not count toward the minimum width and length or 1,000 square foot requirement.

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

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

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Packet Pg. 384 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 37 4. Courtyards shall be visible and accessible from the sidewalk and each ground floor unit. Courtyards shall be visible from the street with a minimum 10-foot wide opening that is open to the sky. For openings less than 18 feet in width into courtyards, the depth of the opening shall not exceed twice the width of the opening.

5. At least 50% of courtyard areas shall be planted pursuant to Sections

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

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

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

1. Setback Areas Adjacent to Streets. All visible portions of a required setback area adjacent to a street that are not used for driveways or walks shall be dedicated for planting areas or landscaping. These areas shall be planted with the appropriate number and sizes of trees as necessary to provide shade and to increase a project’s energy efficiency. Recreational vehicles, utility trailers, unmounted camper tops, boats, cars, trucks, motorcycles, or other vehicles shall not be parked or stored within a required planting or landscape area.

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

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Packet Pg. 385 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 38 3. Adjacent to R1 Districts. A continuous planting area having a minimum width of 5 feet is provided along interior parcel lines when an R2, R3, or R4 District is adjacent to an R1 District.

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Packet Pg. 386 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 39 CHAPTER 9.09 OCEAN PARK NEIGHBORHOOD DISTRICTS

9.09.020 Land Use Regulations.

Table 9.09.020 prescribes the land use regulations for Ocean Park Neighborhood Districts. The regulations for each district are established by letter designations listed below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review. “P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit.
“–” designates uses that are not permitted.

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Packet Pg. 387 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 40 TABLE 9.09.020: LAND USE REGULATIONS—OCEAN PARK NEIGHBORHOOD DISTRICTS Use Classification OP1 OPD OP2 OP3 OP4 Additional Regulations Residential Uses
Residential Dwelling Housing Types
See sub-classifications below.

Single Unit Dwelling P P P P P
Accessory Dwelling Unit P P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory
Dwelling Unit P P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Duplex P P P P P
For OP1, see Section 9.31.125,
Duplexes and Lot Splits on Parcels
Zoned for Single-Unit Residential
Section 9.31.195, Multiple-Unit
Dwelling Projects
Multiple-Unit Dwelling L(1) – P P P Section 9.31.195, Multiple-Unit Dwelling Projects
Duplex P P P P P
For OP1, see Section 9.31.125,
Duplexes and Lot Splits on Parcels
Zoned for Single-Unit Residential
Section 9.31.195, Multiple-Unit
Dwelling Projects
Senior Citizen
Multiple-Unit
Dwelling Residential
L(1) – P P P
Section 9.31.195, Multiple-Unit
Dwelling Projects
Single-Unit Dwelling P P P P P
Housing Types for Specific Uses
Single-Room Occupancy
Housing – – P P P Section 9.31.330, Single Room Occupancy Structures Group Residential – – MUP MUP MUP
Congregate Housing – – P P P Section 9.31.110, Congregate and Transitional Housing
Senior Group Residential – L (2) P P P Section 9.31.310, Senior Group Residential
Elderly and Long-Term
Care – – CUP CUP CUP
Emergency Shelters – – CUP CUP CUP Section 9.31.130, Emergency Shelters
Employee Housing P P P P P
Family Day Care See sub-classifications below.

Large P P P P P Section 9.31.140, Family Day
Care, Large
Small P P P P P
Group Residential – – MUP MUP MUP Section 9.31.155, Group Residential
Senior Group
Residential – L (2) P P P Section 9.31.155, Group Residential

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Packet Pg. 388 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 41 TABLE 9.09.020: LAND USE REGULATIONS—OCEAN PARK NEIGHBORHOOD DISTRICTS Use Classification OP1 OPD OP2 OP3 OP4 Additional Regulations Residential Facilities See sub-classifications below.

Residential Care,
General – – MUP MUP MUP Section 9.31.270, Residential Care Facilities Residential Care,
Limited P P P P P Section 9.31.270, Residential Care Facilities Residential Care,
Senior L(2) L(2) L(3)/MUP L (3)/MUP L (3)/MUP Section 9.31.270, Residential Care Facilities Hospice, General – -MUP MUP MUP MUP Section 9.31.270, Residential Care Facilities
Hospice, Limited P P P P P Section 9.31.270, Residential Care Facilities
Single-Room Occupancy
Housing – – P P P Section 9.31.330, Single Room Occupancy Structures Supportive Housing P P P P P
Transitional Housing P P P P P Section 9.31.110, Congregate and Transitional Housing
Public and Semi-Public Uses
Adult Day Care CUP CUP CUP CUP CUP
Child Care and Early
Education Facilities CUP CUP CUP CUP CUP Section 9.31.120, Child Care and Early Education Facilities Community Assembly – – CUP CUP CUP Section 9.31.100, Community Assembly
Community Gardens P P P P P
Cultural Facilities – CUP CUP CUP CUP Limited to Designated Landmarks Park and Recreations
Facilities, Public P P P P P
Schools, Public or Private CUP CUP CUP CUP CUP
Commercial Uses
Food and Beverage Sales See sub-classifications below.

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

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

Section 9.31.090, Bed and
Breakfasts
Hotels and Motels – – – – CUP
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P P P P P
Utilities, Minor P P P P P
Specific Limitations:

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Packet Pg. 389 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 42 TABLE 9.09.020: LAND USE REGULATIONS—OCEAN PARK NEIGHBORHOOD DISTRICTS Use Classification OP1 OPD OP2 OP3 OP4 Additional Regulations (1) Permitted only on parcels with existing surface parking lots:
(a) Owned in whole or in part by a Community Assembly use in accordance with requirements of Section

9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots; or (b) Associated with existing multiple-unit dwelling or commercial uses in accordance with requirements of Section 9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots. (2) Limited to facilities for 6 or fewer residents; facilities for more than 6 residents not permitted. (3) Limited to facilities for 6 or fewer residents. Facilities for more than 6 residents require a Minor Use Permit. (4) Only stores up to 2,500 square feet may be allowed with approval of a Conditional Use Permit. Stores must be located at least 300 feet from a commercial district with a food and beverage service use.

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

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

9.21.030(B)
See

9.21.030(B)
Minimum Parcel Width (ft.) 25 50 50 50 50
Minimum Parcel Depth (ft.) 80 100 100 100 100
Maximum Allowable Density 1 unit per
parcel
2 units per
parcel
1 unit per
2,000 sq.
ft. of
parcel
area
1 unit per
1,500 sq.
ft. of
parcel
area
1 unit per
1,250 sq. ft.
of parcel
area
See (A)
For OP1, a duplex shall be
permitted as provided in
Section 9.31.125, Duplexes
and Lot Splits on Parcels
Zoned For Single-Unit
Residential.

For projects eligible for
density bonus, see Section

9.22.050(C), Calculating
Base Density
Building Form and Location
Maximum Number of Stories
Base Standard 2 2 2 See (B) 2 3

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Packet Pg. 390 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 43 TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
100% Affordable Housing
Projects 2 No limit to stories
No limit
to stories
No limit
to stories
No limit to
stories
Maximum Building Height (ft.)
Base Standard—Flat Roofs;
Roofs Pitched Less Than 1:3 20 23 23 See (B) 23 35
Pitched Roofs 27 30 30 See
(B) 30 35
The walls of the building
may not exceed the
maximum height required
for a flat roof
Maximum Parcel Coverage (% of Parcel Area)
Base Standard 50 50 50 50 50
55% for parcels less than 35
ft. in width in OP1
For projects with a base
density consisting of 8 to 10
units, an increase in parcel
coverage shall be permitted
as necessary to ensure a
Floor Area Ratio of 1.25
100% Affordable Housing
Projects 60 60 60 60 60
Minimum Setbacks (ft.)
Front
15 [10, if
average of
adjacent
dwelling(s)
is 10 ft. or
less]
30 measured
from the
centerline of
the
walkway
20 [15, if
average of
adjacent
dwelling(s)
is 15 ft. or
less]
20 [15, if
average of
adjacent
dwelling(s)
is 15 ft. or
less]
15 [10, if
average of
adjacent
dwelling(s) is
10 ft. or less]
Except for OPD, a onestory covered or uncovered
porch open on 3 sides may
encroach 6 ft. into the
required front setback if the
roof does not exceed a
height of 14 ft. and the
porch width does not
exceed 40% of the building
width at the front of the
building
Side—Blank walls and walls
containing secondary
windows on parcels less than
50 ft. in width
Greater of 4 ft. or 10% of parcel width
3 ft. for parcels less than 35
ft. in width in OP1
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, side setbacks shall
be 4’.

Side—Blank walls and walls
containing secondary
windows on parcels 50 ft. or
more in width
See formula in (C)
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, side setbacks shall
be 4’.

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Packet Pg. 391 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 44 TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
Side—Walls containing
primary windows on parcels
less than 50 ft. in width
8 ft. setback from property line. 12 ft. of separation must be maintained between primary window and any
adjacent structures
3 ft. for parcels less than 35
ft. in width in OP1
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, side setbacks shall
be 4’.

Side—Walls containing
primary windows on parcels
50 ft. or more in width
12 ft. See (C)
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, side setbacks shall
be 4’.

Street Side—Parcels less than
50 ft. in width
Greater
of 4 ft. or
10% of
parcel
width
See formula in (C)
3 ft. for parcels less than 35
ft. in width in OP1
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, side setbacks shall
be 4’.

Street Side—Parcels 50 ft. or
more in width See (C) 10 ft. See (C)
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, side setbacks shall
be 4’.

Rear 10 15 15 15 15
For ownership projects that
comply with Government
Code 66499.41 or rental
projects 10 units or less
deemed complete as of July
1, 2024, rear setback shall
be 4’.

Parking
See Sections 9.28.070, Location of Parking and 9.28.120, Parking Design and Development Standards
Minimum Spacing between
Buildings (ft.) – Buildings facing
each other on the same lot
– See (D) See (D) See (D) See (D)
Transition Requirements
Adjacent to OP1 or OPD
Districts
– – See (F) See (F) See (F)
Open Space & Landscaping

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Packet Pg. 392 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 45 TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
Minimum Outdoor Living Area
(sq. ft.) per Dwelling Unit
Section 9.21.090, Outdoor
Living Area
Private NA 60 60 60 60 Required only of projects
with 2 or more units
Total (including private and
common) NA 150 150 150 100 Required only of projects with 2 or more units Minimum Planting Area (% of
parcel area) 25 25 25 25 20
See (G), Chapter 9.26,
Landscaping. Required only
of projects with 2 or more
units
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing Production
Program Chapter 9.64, Affordable Housing Production Program Density Bonus Chapter 9.22, Density Bonus
Duplexes and Lot Splits on
Parcels Zoned for Single-Unit
Residential
Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential
Exceptions to Height Limits Section 9.21.060, Height Exceptions Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping Section 9.09.030(G), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects
Located on Community
Assembly Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Multiple-Unit Dwelling Projects
Located on Residentially Zoned
Surface Parking Lots
Section 9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Height Limits Section 9.21.060, Height Projections Projections into Required
Setbacks
Section 9.21.110, Projections from Buildings into Minimum Required Setbacks and Daylight Plane
Refuse and Recycling Screening
and Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems Trash Screening and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards A. Maximum Density. The following additional rules apply to the maximum residential density:

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Packet Pg. 393 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 46 1. Calculation of Units—Remainder Parcel Area. An additional unit is allowed on a parcel if, after calculating the allowed number of units based on the minimum required parcel area per unit stated in Table 9.09.030 for the respective district, the excess parcel area equals or exceeds the following:
a. 1,000 square feet in OP2.
b. 750 square feet in OP3.
c. 625 square feet in OP4.

2. Parcels Less Than 4,000 Square Feet. No more than one dwelling unit shall be permitted on a parcel 4,000 square feet or less in area, except that more units may be otherwise permitted in accordance with Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential.

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

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

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Packet Pg. 394 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 47 5. Accessory Dwelling Units and Junior Accessory Dwelling Units.

Notwithstanding anything to the contrary in this subsection (A), accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025 shall be deemed to meet the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located.

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

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

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

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

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

C. Front and Side Setbacks.

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

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Packet Pg. 395 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 48 2. The following formula shall be used to determine the required side setback for blank walls and walls containing secondary windows. In the OP1 District, this formula shall also be used to determine the required street side setback on lot parcels 50 feet or more in width. In the OP2, OP3, and OP4 districts, it shall be used to determine the required street side setback on parcels less than 50 feet in width. The setback is calculated as follows:

Setback (ft.) = 5′ + (stories x parcel width)
50′

3. Within the required side setback area for corner parcels 50 feet or greater in width, covered or uncovered stairways or porches not exceeding 35% of the building frontage on the street side may encroach up to 5 feet into the required side setback.

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

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

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

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

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

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Packet Pg. 396 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 49 E. Roof Decks. The handrail surrounding a roof deck shall be set back a minimum of three feet from the edge of the building at the side and rear facadesyards.

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

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

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

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

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

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

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Packet Pg. 397 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 50 1. Setback Areas Adjoining Streets. All visible portions of a required setback area adjoining a street that are not used for driveways or walks shall be planting area or landscape. Recreational vehicles, utility trailers, un-mounted camper tops, boats, cars, trucks, motorcycles, or other vehicles shall not be parked or stored within a required planting or landscape area.

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

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

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Packet Pg. 398 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 51 CHAPTER 9.10 DOWNTOWN DISTRICTS
Section 9.10.040 Land Use Regulations
Table 9.10.040 prescribes the land use regulations for Downtown Districts. The regulations for each district are established by letter designations below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“—” designates uses that are not permitted.

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

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Packet Pg. 399 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 52 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
Residential Uses
Residential Dwelling Housing Types
See sub-classifications below.

Accessory Dwelling Unit P P P P P P P
Section 9.31.025
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
Junior Accessory Dwelling
Unit P P P P P P P
Section 9.31.025
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
Multiple-Unit Dwelling P P L(1) L(1) P P P
Section 9.31.195,
Multiple-Unit
Dwelling Projects
Senior Citizen MultipleUnit Dwelling Residential P P L(1) L(1) P P PL(1) Section 9.31.195,
Multiple-Unit
Dwelling Projects
Single-Room Occupancy
Housing L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Section 9.31.330,
Single Room
Occupancy
Structures
Group Residential MUP MUP,
L(3) MUP, L(1) MUP, L(1) MUP MUP MUP
Housing Types for Specific Needs
Congregate Housing P MUP,
L(3) MUP, L(1) MUPCUP,
L(1) MUP MUP MUP
Section 9.31.110,
Congregate and
Transitional
Housing
Senior Group Residential P MUP,
L(3) MUP, L(1) MUP, L(1) MUP, L(1)
MUP,
L(1)
MUP,
L(1)
Section 9.31.310,
Senior Group
Residential
Elderly and Long-Term Care P L(3) L(1) L(1) L(1) L(1) L(1) Emergency Shelters L(6)/CUP L(6)/
CUP CUP/L(1) L(1), L(6)/CUP
L(6)/C
UP
L(6)/
CUP
L(6)/
CUP
Section 9.31.130,
Emergency
Shelters
Family Day Care See sub-classifications below.

Large L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Section 9.31.140,
Family Day Care,
Large
Small L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Group Residential MUP MUP,
L(3) MUP, L(1) MUP, L(1) MUP MUP MUP Section 9.31.155, Group Residential Senior Group Residential P L(3) P P P P P Section 9.31.155, Group Residential
Low Barrier Navigation
Centers P P P P P P P
Section 9.31.175,
Low Barrier
Navigation
Centers
Residential Facilities See sub-classifications below.

Residential Care, General P L(3) L(1) L(1) P L(1) L(1) Section 9.31.270, Residential Care
Facilities
Residential Care, Limited P PL(3) L(1) L(1) P PL(1) PL(1) Residential Care, Senior P L(9)L(3) L(1) L(1) P L(9)L( L(9)L

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12.A.d
Packet Pg. 400 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 53 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
1) (1)
Hospice, General P L(3) L(1) L(1) P L(1) L(1) Section 9.31.270, Residential Care
Facilities Hospice, Limited P PL(3) L(1) L(1) P PL(1) PL(1) Single-Room Occupancy
Housing L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Section 9.31.330,
Single Room
Occupancy
Structures
Supportive Housing P P L(3) L(1) L(1) P L(1) P L(1) P
L(1)
Transitional Housing P P L(3) L(1) L(1) P L(1) P L(1) P L(1)
Section 9.31.11,
Congregate and
Transitional
Housing
Public and Semi-Public Uses
Adult Day Care L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Child Care and Early
Education Facilities P P P P P P P
Section 9.31.120,
Child Care and
Early Education
Facilities
Colleges and Trade Schools,
Public or Private CUP L(1) L(1) L(1) L(1) L(1) L(1)
Community Assembly L(7)/CUP CUP L(15) P CUP L(1) L(7)/
CUP
Section 9.31.100,
Community
Assembly
Community Gardens P P - P P P P
Cultural Facilities P P P P P P P
Hospitals and Clinics P P L(1) L(1) P - P
Park and Recreation Facilities,
Public P P P P P P P
Public Safety Facilities P P P P P P P
Schools, Public or Private CUP L(3) L(1) P P - CUP
Social Service Centers P P - P P P P
Section 9.31.350,
Social Service
Centers
Commercial Uses
Animal Care, Sales, and
Services See sub-classifications below.

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

Alternative Fuels and
Recharging Facilities
CUP/
L(19)
CUP/
L(19) - - CUP/ L(19) - -
Automobile Rental L(10) L(10) L(10) L(10) L(10) L(10) L(10) Section 9.31.050,
Automobile
Rental
Automobile Storage Use - - - - - - - Section 9.31.070
Automobile/Vehi
cle Sales,
Leasing, and
New Automobile/Vehicle
Sales and Leasing
L(8),
L(5)/CUP
L(8),
L(5)/CU
P
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/C
UP
- -

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12.A.d
Packet Pg. 401 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 54 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
Additions 7,500 sq ft or
less to Automobile/
Vehicle Sales and
Leasing buildings
existing as of 7/06/2010
L(20)/
MUP
- - - - - - Storage
Additions larger than
7,500 sq ft to
Automobile/Vehicle Sales
and Leasing buildings
existing as of 7/06/2010
L(20)/
CUP
- - - - - -
Automobile/Vehicle Repair,
Major
L(19) - - - - - - Section 9.31.060,
Automobile/Vehi
cle Repair, Major
and Minor
Automobile/Vehicle Service
and Repair, Minor
L(19) - - - - - -
Automobile/Vehicle
Washing
L(19) - - - - - - Section 9.31.080,
Automobile/Vehi
cle Washing
Service Station L(19) L(19) - - L(19) - - Section 9.31.320, Service Stations
Towing and Impound - - - - - - -
Banks and Financial
Institutions
See sub-classifications below.

Banks and Credit Unions L(4)/CUP L(3),
L(5)/CU
P
- - L(4)/
CUP
L(4)/
CUP
L(4)/
CUP
Check Cashing Businesses - - - - - - -
Business Services L(5)/CUP L(5)/CU
P
L(15) L(5)/CUP L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
Commercial Entertainment and
Recreation See sub-classifications below.

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

CUP CUP P CUP CUP CUP CUP
Large-Scale Facility L(21)/
CUP
L(21)/
CUP
L(21)/CUP L(21)/ CUP L(21)/
CUP
L(21)/
CUP
-
Small-Scale Facility L(5)/CUP L(5)/CU
P
L(5)/CUP L(5)/CUP L(5)/C
UP
L(5)/
CUP
L(5)/
CUP
Section 9.31.340
Small Scale
Facility
Fortunetelling P P P P P P P
Eating and Drinking
Establishments See sub-classifications below.

Bars/Nightclubs/Lounges CUP CUP CUP CUP CUP CUP(1
0)
- Section 9.31.040,
Alcoholic
Beverage Sales
Restaurants, Full-Service,
Limited Service & Take-Out
(2,500 sq ft and smaller,
including Outdoor Dining
and Seating)
P P L(22) P P P P Section 9.31.040,
Alcoholic
Beverage Sales
Section 9.31.280,

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12.A.d
Packet Pg. 402 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 55 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
Restaurants, Full-Service,
Limited Service & Take-Out
(2,501 – 5,000 sq ft,
including Outdoor Dining
and Seating)
P P L(22) P P P P Restaurants,
Limited Service,
and Take-Out
Only
Section 9.31.200,
Outdoor Dining
and Seating
Section 9.31.290,
Restaurants with
Entertainment
Restaurants, Full-Service,
Limited Service & Take-Out
(greater than 5,000 sq ft,
including Outdoor Dining
and Seating)
CUP P L(22) P P P CUP
Food Hall (up to 175 seats) CUP CUP P CUP CUP CUP CUP
Equipment Rental - - - - L(5)/C
UP
- -
Food and Beverage Sales See sub-classifications below.

Convenience Market CUP L(5)/CU
P
L(5)/CUP L(5)/CUP L(5)/C
UP
L(5)/
CUP
- Section 9.31.040,
Alcoholic
Beverage Sales
Farmer’s Market CUP P P P P P P
General Market L(12)/
CUP
L(12)/
CUP
L(12)/ CUP L(12)/ CUP L(12)/
CUP
L(12)/
CUP
L(12)
/ CUP
Section 9.31.040,
Alcoholic
Beverage Sales Liquor Stores CUP CUP P CUP CUP CUP -
Funeral Parlors and Mortuaries CUP - - - - - -
Instructional Services L(5)/CUP L(3),
L(5)/CU
P
L(1),
L(5)/CUP
L(5)/CUP L(5)/C
UP
L(1),
L(5)/
CUP
L(1),
L(5)/
CUP
Live-Work L(13) L(3)(13) L(1)(13) L(13) L(13) L(1)(1
3)
L(13) Section 9.31.170,
Live-Work Units
Lodging See sub-classifications below.

Bed and Breakfast MUP MUP P MUP MUP MUP MUP Section 9.31.090, Bed and
Breakfasts
Hotels and Motels CUP CUP P CUP CUP CUP CUP,
L(19)
Maintenance and Repair
Services
L(5)/CUP - - - - - -
Nurseries and Garden Centers L(5)/CUP L(5)/CU
P
- L(5)/CUP L(5)/C
UP
- L(5)/
CUP
Section 9.31.220,
Outdoor Retail
Display and Sales
Offices See sub-classifications below.

Business and Professional L(14)/
CUP
L(3),
L(5)/CU
P
L(1) L(1) L(3),
L(5)/C
UP
L(1) L(1)
Creative L(14)/
CUP
L(3),
L(5)/CU
P
L(1) L(1) L(3),
L(5)/C
UP
L(1) L(1)
Medical and Dental L(14)/
CUP
L(3),
L(5)/CU
P
P L(1) L(3),
L(5)/C
UP
L(1) L(1)
Walk-In Clientele L(14)/
CUP
L(3),
L(5)/CU
P
L(1) L(5)/CUP L(3),
L(5)/C
UP
L(5)/
CUP
L(5)/
CUP
Outdoor Newsstands MUP MUP MUP MUP MUP MUP MUP Section 9.31.210, Outdoor
Newsstands
Parking, Public or Private CUP CUP - CUP CUP, - CUP

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12.A.d
Packet Pg. 403 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 56 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
L(11)
Personal Services See sub-classifications below.

General Personal Services L(5)/CUP L(5)/CU
P
P L(5)/CUP L(5)/C
UP
- L(5)/
CUP
Section 9.31.230,
Personal Service
Physical Training L(17),
L(5)/CUP
L(17),
L(5)/CU
P
L(17),
L(21)/CUP
L(17),
L(5)/CUP
L(17),
L(5)/C
UP
L(17),
L(5)/
CUP
L(17),
L(5)/
CUP
Tattoo or Body Modification
Parlor
PMUP PMUP P PMUP PMUP PMUP P- Section 9.31.230,
Personal Service
Retail Sales See sub-classifications below.

Building Materials Sales
and Services

P - - - - - -
Section 9.31.220,
Outdoor Retail
Display and Sales
General Retail Sales, SmallScaleL(5)/CUP L(5)/CU
P
P L(5)/CUP L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
General Retail Sales,
Medium-Scale

CUP CUP P CUP CUP - CUP
General Retail Sales, LargeScale- - - - - - -
Medical Marijuana
Dispensaries
CUP - - - - - - Section 9.31.185,
Medical
Marijuana
Dispensaries
Pawn Shops - - - - - - -
Swap Meets - - - - - - -
Industrial Uses
Artist’s Studio P P L(2) L(1) P P P
Commercial Kitchens - - - CUP - -
Industry, Limited - - L(2), L(23) - - - -
Media Production See sub-classifications below.

Support Facilities L(14)/
CUP
L(3),
L(5)/CU
P
L(1) L(1) L(3),
L(5)/C
UP
L(1) L(1)
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P P P - P
City Bike Share Facility P P P P P P P
Communication Facilities See sub-classifications below.

Antennas and Transmission
Towers
- - - - - - -
Equipment within Buildings - - - - - - -
Light Fleet-Based Services - - - - MUP - -
Utilities, Major L(18) - - - - - -
Utilities, Minor P P P P P P P
Specific Limitations:
(1) Limited to upper floors, and on the ground floor where the entire tenant space shall be located at least 25 feet from the front property line, except for residential units shall be limited to upper floors only. (2) A minimum depth of 25 feet from the front parcel line adjacent to a street for the entire ground-floor street frontage shall be designed to accommodate interactive uses. For purposes of this limitation, interactive uses shall be commercial uses with an interactive element, including, but not limited to, retail sales, exhibitions, displays, demonstrations, or instruction. (3) Between 4th and 7th Court, permitted in mid-block parcels on the ground floor and upper floors. On all other parcels, permitted anywhere on the ground floor if the space has street frontage and was occupied by office on, or is vacant but was occupied by office in the 12 months preceding, the date this Ordinance is effective; otherwise, permitted on upper floors and on the ground floor where the entire tenant space including the primary entry is located at least 50 feet from the front property line.
(4) Permitted except no ground floor tenant space shall exceed 20 linear feet of ground floor street frontage without a

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Packet Pg. 404 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 57 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
Conditional Use Permit.
(5) Permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective. Permitted in new buildings, except:
(a) No individual ground floor tenant space shall occupy more than 7,500 square feet of floor area and/or exceed 50 linear feet of ground floor street frontage without a Conditional Use Permit. (b) Ground floor tenant spaces in the Santa Monica Place are not subject to size limitations. (6) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency shelters with 55 or more beds.
(7) Any community assembly facility abutting a residential district shall require approval of a Conditional Use Permit. (8) Limited to automobile/vehicle dealer showrooms only which must display one alternative fuel automobile/vehicle if such an automobile/vehicle is available in the dealer’s fleet, and limited to six showrooms in the Third Street Promenade Area. (9) Facilities for 6 or fewer residents are permitted by right. Facilities for more than 6 residents shall be subject to L(1) if located in the OT and WT zoning districts and L(3) if located in the NV zoning district. (Reserved) (10) Permitted as an ancillary use to support a primary use. (11) Limited to public parking facilities only.
(12) General markets greater than 15,000 square feet require approval of a Conditional Use Permit, except general markets in the Mixed-Use Boulevard district greater than 25,000 square feet require approval of a Conditional Use Permit. (13) If the commercial use requires a MUP or CUP, an application shall be required in accordance with SMMC, Chapter 9.41.

Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the live-work unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from users that generate airborne particulates in a unit with an unenclosed kitchen. (14) All new construction requires approval of a Conditional Use Permit or permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective, except:
(a) New additions of 50% or more additional square footage to an existing building at any one time, or incrementally, after the effective date of the ordinance codified in this Chapter, requires approval of a Conditional Use Permit. (b) No ground floor, street-fronting, non-office or non-media production support facility use, non-medical or non-dental office use tenant space shall be changed into an individual office use or a media production support facility use, or individual medical or dental office use occupying more than 7,500 square feet of floor area and/or exceeding 50 linear feet of street frontage without the approval of a Conditional Use Permit. (15) Limited to the ground floor with frontage along 2nd Court and 3rd Court alleys or to upper floors. (16) Limited to public parking facilities only.
(17) Youth-serving personal services, physical training requires review and approval of passenger loading and drop-off plan by the Director.
(18) Limited to electric distribution substations.
(19) Limited to legally established existing uses as of the date this Specific Plan is effective. (20) Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships conforming to the urban auto dealership format standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing and Storage are permitted. Expansions to existing dealerships of 7,500 square feet or less that do not conform to the urban auto dealership format standards shall require an MUP. Expansions to existing dealerships larger than 7,500 square feet that do not conform to the urban auto dealership formal standards shall require a CUP. (21) No individual Fitness Center tenant space shall exceed 100 linear feet of ground floor street frontage without the approval of a Conditional Use Permit.
(22) Restaurant, Limited-Service and Take-Out establishments with frontage on the Third Street Promenade and the following characteristics shall be prohibited:
(a) More than 150 locations nationwide at the time that the application for the establishment is deemed complete by the City; and
(b) Characteristics, including but not limited to, orders placed at a walk-up window, counter, or machine; payment prior to food consumption; and food served with disposable, one-time, or limited-use wrapping, containers, or utensils. (23) Excludes commercial laundries and dry cleaning plants, monument works, medicinal cannabis, and medicinal cannabis products.

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Packet Pg. 405 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 58 CHAPTER 9.11 MIXED-USE AND COMMERCIAL DISTRICTS

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

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

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

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Packet Pg. 406 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 59 TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Residential Uses
Residential Dwelling Types Residential Housing Types
See sub-classifications below.

Accessory Dwelling Unit P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Dwelling P P P L(1) Section 9.31.195, Multiple-Unit Dwelling Projects
Senior Citizen Multiple-Unit Dwelling
Residential P P P L(1) Section 9.31.195, Multiple-Unit Dwelling Projects Single-Room Occupancy Housing P P P P Section 9.31.330, Single Room Occupancy Structures
Group Residential MUP MUP MUP MUP
Housing Types for Specific Uses
Congregate Housing P P P P Section 9.31.110, Congregate and Transitional Housing
Senior Group Residential P P P P Section 9.31.310, Senior Group Residential
Elderly and Long-Term Care P P P –
Emergency Shelters L(3)/CUP L(3)/CUP L(3)/CUP L(3)/CUP Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.

Large P P P P Section 9.31.140, Family Day
Care, Large
Small P P P P
Group Residential MUP MUP MUP MUP Section 9.31.155, Group Residential
Senior Group Residential P P P P Section 9.31.155, Group Residential
Low Barrier Navigation Centers P P P P Section 9.31.175, Low Barrier Navigation Centers
Residential Facilities See sub-classifications below.

Residential Care, General P P P P Section 9.31.270, Residential Care Facilities
Residential Care, Limited P P P P Section 9.31.270, Residential Care Facilities
Residential Care, Senior P P P P Section 9.31.270, Residential Care Facilities
Hospice, General P P P P Section 9.31.270, Residential
Care Facilities
Hospice, Limited P P P P Section 9.31.270, Residential
Care Facilities
Single-Room Occupancy Housing P P P P Section 9.31.330, Single Room Occupancy Structures
Supportive Housing P P P P
Transitional Housing P P P P Section 9.31.110, Congregate and Transitional Housing
Public and Semi-Public Uses
Adult Day Care P P P L(2)/CUP
Child Care and Early Education Facilities P P P L(2)/CUP Section 9.31.120, Child Care and Early Education Facilities

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12.A.d
Packet Pg. 407 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 60 TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Colleges and Trade Schools, Public or Private CUP CUP P CUP Community Assembly L(18)/CUP L(18)/CUP L(18)/CUP L(18)/CUP Section 9.31.100, Community Assembly
Community Gardens P P P P
Cultural Facilities P P P L(2)/CUP
Hospitals and Clinics – P CUP –
Park and Recreation Facilities, Public P P P P
Public Safety Facilities P P P CUP
Schools, Public or Private P CUP CUP P
Social Service Centers P P P P Section 9.31.350, Social Service Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.

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

Alternative Fuels and Recharging
Facilities CUP CUP CUP CUP
Automobile Rental CUP MUP MUP – Section 9.31.050, Automobile Rental
Automobile Storage Use L(4)/CUP – – –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
New Automobile/Vehicle Sales and Leasing – – CUP(6) –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Additions 7,500 square feet or less to
Automobile/Vehicle Sales and Leasing
buildings existing as of 07/06/2010
L(5)/MUP L(5)/MUP L(5)/MUP –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Additions larger than 7,500 square feet to
Automobile/
Vehicle Sales and Leasing buildings
existing as of 07/06/2010
CUP (5) CUP (5) CUP (5) –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Automobile/Vehicle Repair, Major – – CUP –
Section 9.31.060,
Automobile/Vehicle Repair,
Major and Minor
Automobile/Vehicle Service and Repair,
Minor CUP – CUP –
Section 9.31.060,
Automobile/Vehicle Repair,
Major and Minor
Automobile/Vehicle Washing – – CUP – Section 9.31.080,
Automobile/Vehicle Washing
Service Station CUP CUP MUP – Section 9.31.320, Service Stations Towing and Impound – – CUP –
Banks and Financial Institutions See sub-classifications below.

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

Cinemas L(7) – – L(7)
Theaters L(8)/CUP L(8)/CUP L(8)/CUP L(8)/CUP
Convention and Conference Centers – CUP CUP –

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12.A.d
Packet Pg. 408 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 61 TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Large-Scale Facility CUP CUP CUP -
Small-Scale Facility L(9)/CUP L(9)/CUP L(9)/CUP CUP (16) Section 9.31.340, Small-Scale Facility, Game Arcades
Fortunetelling P P P P
Eating and Drinking Establishments See sub-classifications below.

Bars/Nightclubs/Lounges CUP CUP CUP - Section 9.31.040, Alcoholic Beverage Sales
Restaurants, Full-Service, Limited Service
& Take-Out (2,500 square feet and smaller,
including Outdoor Dining and Seating)

P P P 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.

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12.A.d
Packet Pg. 409 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 62 TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Business and Professional L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Creative L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Medical and Dental L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Walk-In Clientele L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Outdoor Newsstands MUP MUP MUP MUP Section 9.31.210, Outdoor Newsstands
Parking, Public or Private CUP CUP CUP CUP
Personal Services See sub-classifications below.

General Personal Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Section 9.31.230, Personal Service
Personal Services, Physical Training L(19)(20) L(19)(20) L(19)(20) L(2)(20)/CUP Tattoo or Body Modification Parlor PMUP PMUP PMUP PMUP 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 – Chapter 9.32, Personal Wireless Service Facilities
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.
(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.

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12.A.d
Packet Pg. 410 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 63 TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations (5) Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships conforming to the Urban Auto Dealership Format standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage are permitted. Expansions to existing dealerships that do not conform to the Urban Auto Dealership Format standards shall require a MUP or CUP.
(6) New auto dealerships may be allowed, subject to approval of a Conditional Use Permit, only on sites with frontage on Santa Monica Boulevard between Lincoln Boulevard and 20th Street on Lincoln Boulevard between Interstate 10 and Santa Monica Boulevard. In other locations, new automobile dealerships are not permitted. (7) Limited to existing cinema buildings. New cinemas are not permitted. (8) Limited to theaters with 75 or fewer seats. Theaters with more than 75 seats require Conditional Use Permit. (9) Limited to exercise facilities (e.g., yoga, Pilates, martial arts, and dance studios) and arts instruction facilities. Other small-scale commercial recreation uses require approval of a Conditional Use Permit. (10) Limited to restaurants with 50 or fewer seats.
(11) Limited to 2 restaurants greater than 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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12.A.d
Packet Pg. 411 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 64 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 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 DISTRICTS Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln &
Pico
Blvds)
NC NC
(Main St)
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 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
Building Form and Location
Maximum Building Height (stories/ft.) Section 9.04.050, Measuring Height
Tier 1 — Base Standard 2/32′ 2/32′ 2/32′ 2/32′ 2/32′ 2/27′ 2/32′ Tier 1 — Projects
Including On-Site
Affordable Housing in
Compliance with AHPP
3/36′
3/39′ if
100%
residential
above
ground
floor, 3/35′
for all
other
projects
NA 3/36′ 2/32′ 2/27′ 2/32′
Chapter 9.64,
Affordable Housing
Production Program

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12.A.d
Packet Pg. 412 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 65 TABLE 9.11.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — MIXEDUSE AND COMMERCIAL DISTRICTS Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln &
Pico
Blvds)
NC NC
(Main St)
NC
(Ocean
Park Blvd
&
Montana
Ave)
Additional
Regulations
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
Minimum Ground Floor
Height (ft.) 11′ 11′ 11′ 11′ 11′ 11′ 11′
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.)
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
and Daylight Plane
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 Ground Floor 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
See (D) See (D) See (D) See (D) See (D) See (D) See (D) Section 9.21.060,
Height Projections
Exceptions
Standards for Residential Uses
Minimum Outdoor Living
Area (sq. ft./unit)—Sites
with 3 or More Units
(including private and
common)
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

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12.A.d
Packet Pg. 413 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 66 TABLE 9.11.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — MIXEDUSE AND COMMERCIAL DISTRICTS Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln &
Pico
Blvds)
NC NC
(Main St)
NC
(Ocean
Park Blvd
&
Montana
Ave)
Additional
Regulations
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 Height
Limits
Section 9.21.060, Height Projections
Projections into Required
Setbacks Section 9.21.110, Projections from Buildings into Minimum Required Setbacks and Daylight Plane 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 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 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.

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12.A.d
Packet Pg. 414 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 67 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 and
Daylight Plane
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

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12.A.d
Packet Pg. 415 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 68 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
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 Projections
Exceptions
Standards for Residential Uses
Minimum
Outdoor Living
Area (sq.
ft./unit)—Sites
with 3 or More
Units (including
private and
common)
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 Height Limits Section 9.21.060, Height Projections Projections into Required Setbacks Section 9.21.110, Projections from Buildings into Minimum Required Setbacks and Daylight Plane 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

Page 73 of 313 ends

12.A.d
Packet Pg. 416 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 69 A. Active Ground Floor 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; viii.General personal services and personal physical training; ix. General retail sales; and
x. Childcare facilities.

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12.A.d
Packet Pg. 417 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 70 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. Active Commercial Design. Where an active use is required for new buildings, the ground-floor street frontage shall be designed to accommodate commercial uses and activities, subject to the following:
a. Street Facing Facades. A minimum of 50% of each street facing façade 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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12.A.d
Packet Pg. 418 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 71 FIGURE 9.11.030.A: STREET-FACING FAÇADES
b. A minimum of one pedestrian entrance facing the Commercial Boulevard.

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).
b. All Other Housing Projects. Except as provided below, Housing Projects on defined 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 defined Commercial Boulevards shall be subject to the limitation on office use set forth in subsection (A)(1)(c).

B. Pedestrian-Oriented Design.

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

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12.A.d
Packet Pg. 419 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 72 2. New development shall incorporate the following design elements at the ground floor level:
a. Street-Facing Facades.
i. Articulated façades at the ground floor street frontage, which may include, but not necessarily require, such measures as indentation in plane, change of materials in a complimentary manner, sensitive composition and juxtaposition of openings and solid wall and/or building frame and projecting elements such as awnings and marquees to provide shade and shelter;
ii. Exterior lighting which provides for a secure nighttime pedestrian environment by reinforcing entrances, public sidewalks and open areas with a safe level of illumination which avoids off-site glare.
b. Ground-Floor Street Frontages Along Commercial Boulevards. The finished ground floor level along the Commercial Boulevard shall not exceed 18 inches lower or higher than the finished grade of the adjacent sidewalk. c. Sloped Ground-Floor Street Frontages Along Commercial Boulevards. On parcels with a grade change of 10% or more along the length of the parcel line adjacent to the Commercial Boulevard, the finished ground floor level along the Commercial Boulevard shall not exceed 18 inches lower or 3 feet higher than the finished grade of the adjacent sidewalk.

3. Residential uses at the ground floor street frontage shall incorporate planted areas, porches, front stairs, and/or other elements that contribute to a pedestrian environment. Pedestrian-oriented design elements may also include street furniture or other seating surfaces on private property and design amenities scaled to the pedestrian

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12.A.d
Packet Pg. 420 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 73 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

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

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Packet Pg. 421 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 74 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 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-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 DISTRICTS
E. Parcels in the NC—Main Street District.

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

2. Use of Roof in Rear Setback. 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.

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Packet Pg. 422 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 75 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:

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 north of Ocean Park Boulevard, 15,000 square feet in size.
b. For Housing Projects south of Ocean Park Boulevard, 11,000 square feet in size.
c. For all other projects, 6,000 square feet in size.

G. 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 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

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Packet Pg. 423 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 76 or rear setback area adjoining a driveway or when an approved nonresidential accessory structure occupies a portion of the rear setback area.

3. Adjoining R1 and R2 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. 424 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 77 Chapter 9.12

BERGAMOT DISTRICTS AND MEMORIAL PARK NEIGHBORHOOD AREA PLAN

DISTRICT
A. Bergamot Districts: Development standards and land use designations, including permissible and prohibited uses, for the Bergamot Area Plan Districts are as prescribed in the Bergamot Area Plan, which is hereby incorporated by reference. Where Zoning Ordinance provisions are not specifically addressed by the Bergamot Area Plan, the Zoning Ordinance shall apply. Where there is a conflict between compliance with the Bergamot Area Plan and the Zoning Ordinance, the Bergamot Area Plan shall control except where the conflicting Zoning Ordinance provision was adopted through voter initiative in which case the initiative shall control.

B. Memorial Park Neighborhood Area Plan District: To be determined as part of an Area Plan process. The underlying Zoning Districts shall govern this area until such time as the Area Plan is adopted.

9.12.010 Purpose
The purposes of the Bergamot Districts are to:

A. Encourage a high quality, mixed-use, creative-sector district offering opportunities for jobs, housing, arts and culture and community-serving retail, and which benefits from access to the Exposition Light Rail Station and the area’s creativity and innovation.

B. To prevent building facades and rooflines that are monolithic in appearance, avoid flat or featureless design, reinforce the built character along streets and transition to adjacent lower-density surroundings.

C. To ensure incorporation of architectural elements and features to create welldesigned and coherent building facades with sufficient detail relief and/or variation.

D. To provide a variety of open spaces that contribute enhanced livability by providing residents access to light and air as well as passive and active recreation.

The specific designations and the additional purposes of the Bergamot Area Plan Districts are:

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Packet Pg. 425 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 78 BTV Bergamot Transit Village. Development in the Bergamot Transit Village (BTV) District is directed to create the underlying urban fabric for a new mixed-use neighborhood that supports a range of uses, activities, open spaces and built forms, and which deeply integrates the new Bergamot Expo Station and the adjacent Bergamot art center into community life. The district’s evolution into a pedestrian-oriented, mixed-use destination containing jobs, housing, retail, services, entertainment and open spaces will build upon Santa Monica’s long-standing practice of crafting strong urban places.

MUC Mixed-Use Creative. The Mixed-Use Creative (MUC) District will emphasize the continuation of the area’s diverse creative and cultural offerings. It will also encourage the infill of new, complementary uses as a way to provide a more balanced and sustainable land use pattern that connects residents, employees and visitors to the district, the neighboring BTV, the Bergamot Expo Station and the Bergamot art center. Existing uses are encouraged to remain and will be bolstered by the balance of new creative arts jobs, housing affordable to the workforce and supportive local-serving retail and services. In consideration to their size and the character of existing development, smaller parcels will be developed at lower densities and smaller building scales than those of the BTV District.

As in the BTV, the Mixed-Use Creative District’s evolution as a pedestrian-oriented environment is promoted through policies and standards. The eastern edge of the MUC will also be easily accessible from the new Bundy Expo Station in the City of Los Angeles.

CAC Conservation: Art Center. As an area-wide anchor for the creative sector, the Conservation: Art Center (CAC) District shall feature uses which contribute to and enhance both the arts and cultural functions of the Bergamot art center and the identity it establishes. These uses may include art galleries, studios, exhibition halls, performance

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Packet Pg. 426 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 79 spaces, museums, restaurants and cafés, visitor accommodations and similar uses.

Small-scale creative office uses and housing are also permitted.

CCS Conservation: Creative Sector. Within the Conservation: Creative Sector (CCS) District, emphasis will be placed on small-scale creative arts, media production, entertainment uses, digital technology, incubators, business services and supporting uses, such as restaurants and cafés, and housing as defined in Table 9.12.020.

9.12.020 Land Use Regulations
Table 9.12.020 prescribes the land use regulations for Bergamot 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.

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Packet Pg. 427 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 80 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 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional Regulations Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Dwelling P P P P Section 9.31.195, Multiple-Unit Dwelling Projects
Senior Citizen Multiple-Unit Dwelling P P P P Section 9.31.195, Multiple-Unit Dwelling Projects
Housing Types for Specific Needs
Congregate Housing P P CUP CUP Section 9.31.110, Congregate Housing
Elderly and Long-Term Care P P CUP CUP
Emergency Shelters P P CUP CUP Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.

Large P P P P Section 9.31.140, Family Day
Care, Large
Small P P P P
Group Residential P P MUP MUP Section 9.31.155, Group
Residential
Senior Group Residential P P P P Section 9.31.155, Group Residential
Low Barrier Navigation Centers P P P P Section 9.31.175, Low Barrier Navigation Centers
Mobile Home Park - P - -
Residential Facilities See sub-classifications below.

Residential Care, General P P MUP MUP Section 9.31.270, Residential Care Facilities
Residential Care, Limited P P P P Section 9.31.270, Residential Care Facilities
Residential Care, Senior P P L(4)/MUP L(4)/MUP Section 9.31.270, Residential Care Facilities
Hospice, General P P MUP MUP Section 9.31.270, Residential Care Facilities
Hospice, Limited P P P P Section 9.31.270, Residential
Care Facilities
Single-Room Occupancy Housing P P P P Section 9.31.330, Single Room

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Packet Pg. 428 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 81 TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional Regulations Occupancy Structures
Supportive Housing P P P P
Transitional Housing P P P P
Public and Semi-Public Uses
Adult Day Care P P - 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 CUP CUP CUP - Community Assembly CUP CUP CUP CUP Section 9.31.100, Community Assembly
Community Gardens P P P P
Cultural Facilities P P P P
Hospitals and Clinics L(11) L(11) - MUP, L(12)
Park and Recreation Facilities, Public P P P P
Public Safety Facilities P P L(3) P
School, Public or Private CUP CUP CUP -
Social Service Centers P P - - Section 9.31.350, Social Service Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.

Grooming and Pet Stores P P P L(2)
Pet Day Care Services MUP MUP - MUP
Veterinary Services MUP MUP - MUP
Automobile/Vehicle Sales and Service See sub-classifications below.

Alternative Fuels and Recharging
Facilities - - - -
Automobile Rental - - - –
Automobile Storage Use - – – –
New Automobile/Vehicle Sales and
Leasing – – - –
Additions 7,500 square feet or less to
Automobile/Vehicle Sales and Leasing
buildings existing as of 07/06/2010
- - - –
Additions larger than 7,500 square
feet to Automobile/
Vehicle Sales and Leasing buildings
existing as of 07/06/2010
- - - –
Automobile/Vehicle Repair, Major – – - –
Automobile/Vehicle Service and Repair,
Minor - – - –
Automobile/Vehicle Washing – – - –
Service Station - - - –
Towing and Impound – – - –
Banks and Financial Institutions See sub-classifications below.

Banks and Credit Unions L(9)/CUP L(9)/CUP L(9)/CUP L(9)/CUP Check Cashing Businesses – – – –
Business Services P P P P
Commercial Entertainment and Recreation See sub-classifications below.

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

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Packet Pg. 429 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 82 TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional Regulations than 25,000 sf
Convention and Conference Centers,
25,000 sf or greater CUP - - -
Large-Scale Facility L(10)/CUP L(10)/CUP L(10)/CUP L(10)/CUP Small-Scale Facility MUP MUP MUP MUP Section 9.31.340, Small-Scale Facility, Game Arcades
Fortunetelling P P P P
Eating and Drinking Establishments See sub-classifications below.

Bars/Nightclubs/Lounges CUP CUP MUP 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 9.31.200, Outdoor
Dining and Seating
Section 9.31.290, Restaurants
With Entertainment
Restaurants, Full-Service, Limited Service
& Take-Out (2,501 – 5,000 square feet,
including Outdoor Dining and Seating)

P P P MUP
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.200, Outdoor
Dining and Seating
Section 9.31.290, Restaurants
With Entertainment
Restaurants, Full-Service, Limited Service
& Take-Out (greater than 5,000 square
feet, including Outdoor Dining and
Seating)

P P P MUP
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.200, Outdoor
Dining and Seating
Section 9.31.290, Restaurants
With Entertainment
Equipment Rental MUP MUP - MUP
Food and Beverage Sales See sub-classifications below.

Convenience Market L(2)/CUP L(2)/CUP L(2)/CUP L(2)CUP Section 9.31.040, Alcoholic Beverage Sales
Farmers Markets CUP CUP CUP CUP
General Market L(3)/CUP L(3)/CUP L(3)/CUP L(3)/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 – - - –
Instructional Services P P P P
Live-Work P P P P Section 9.31.170, Live-Work
Lodging See sub-classifications below.

Bed and Breakfast - - - - Section 9.31.090, Bed and
Breakfasts
Hotels and Motels CUP CUP CUP –
Maintenance and Repair Services MUP,
L(12)
MUP,
L(12) - MUP, L(12)

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Packet Pg. 430 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 83 TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional Regulations Nursery and Garden Center P P - - Section 9.31.220, Outdoor Retail Display and Sales
Offices See sub-classifications below.

Business and Professional L(12)/CUP L(12)/CUP - -
Creative P P P P
Medical and Dental CUP CUP - CUP
Walk-In Clientele P P - -
Outdoor Newsstands MUP MUP MUP MUP Section 9.31.210, Outdoor Newsstands
Parking, Public or Private CUP CUP CUP -
Personal Services See sub-classifications below.

General Personal Services P P - P Section 9.31.230, Personal Service
Personal Services, Physical Training P P P P
Tattoo or Body Modification Parlor P P P P Section 9.31.230, Personal Service
Retail Sales See sub-classifications below.

Building Materials Sales and Services – – - – Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Small-Scale P P P P Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Medium-Scale CUP CUP CUP – Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Large-Scale CUP CUP - - Section 9.31.220, Outdoor Retail Display and Sales
Medical Cannabis Retailer – – – – Section 9.31.185, Medical Marijuana Dispensaries
Pawn Shops – – – –
Swap Meets CUP CUP CUP – Section 9.31.360, Swap Meets
Industrial Uses
Artist’s Studio P P P P
Commercial Kitchens CUP CUP - L(1)/CUP
Industry, General - - - -
Industry, Limited P P L(2) L(2)
Recycling Facility See sub-classifications below.

Recycling Collection Facility CUP, L(12) CUP,
L(12) - -
Research and Development P P L(2) L(2)
Media Production See sub-classifications below.

Full-Service Facility P P P P
Support Facilities P P - P
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 MUP MUP - – Chapter 9.32, Personal Wireless Service Facilities
Equipment within Buildings CUP CUP - –
Light Fleet-Based Services – – - –

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Packet Pg. 431 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 84 TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional Regulations Utilities, Major – - - –
Utilities, Minor P P P P
Specific Limitations:
(1) Not allowed on the ground floor for the first 35 feet of lot depth. (2) Limited to 4,000 sq. ft. or less.
(3) Limited to 15,000 sq. ft. or less.
(4) Facilities for 6 or fewer residents are permitted by right. Facilities for more than 6 residents require an MUP. (5) (Reserved)
(6) (Reserved)
(7) (Reserved)
(8) (Reserved)
(9) 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. (10) Fitness facilities and gymnasiums permitted, all other uses require a CUP. (11) Hospitals and clinics of 5,000 sf or less require an MUP. Hospitals and clinics greater than 5,000 sf or greater require a CUP. (12) Limited to 5,000 sf or less.

9.12.030 Development Standards
Table 9.12.030.A, Development Standards for All Projects, Except Housing Projects, prescribes the development standards for Bergamot 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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Packet Pg. 432 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 85 TABLE 9.12.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — BERGAMOT DISTRICTS Standard BTV MUC CAC CCS Additional
Regulations
Density Standards
Maximum FAR Section 9.04.080, Determining FAR
Tier 1 — Base Standard 1.75 1.5 1.0 1.5
Tier 2 — With Provision of
Community Benefits 2.0 1.7
Parcel > = 100,000
sf:

1.0 Parcel < 100,000 sf:

1.5***
-
Tier 3 — Development Agreement 2.5 2.2
Parcel > = 100,000
sf:

1.0 Parcel > 100,000 sf:

2.5***
-
Building Form and Location
Maximum Building Height (ft.) Section 9.04.050, Measuring Height Tier 1 — Base Standard 32’ 32’ 32’ 32’
Section 9.12.030(A), Additional
Development Standards for Buildings
Exceeding 90 feet in Height.

Tier 2 — With Provision of
Community Benefits 60’ 47’ 60’ -
Section 9.12.030(A), Additional
Development Standards for Buildings
Exceeding 90 feet in Height.

Tier 3 — Development Agreement 75’ 57’ 75’ -
Section 9.12.030(A), Additional
Development Standards for Buildings
Exceeding 90 feet in Height.

Minimum Ground Floor Height
(ft.) 11’ 11’ 11’ 11’
Maximum Building Footprint (sq. ft.)
All Tiers 35,000 25,000 15,000 15,000
Section 9.12.030(A), Additional
Development
Standards for Buildings Exceeding 90 feet
in
Height.

Minimum Setbacks (ft.)
Building Frontage Line See (B) See (B) See (B) See (B)
Build-To Line See (C) See (C) See (C) See (C)
Interior Side and Rear —
Adjacent to Residential District 10 10 10 10
Section 9.21.110, Projections from
Buildings
into Minimum Setbacks and Daylight
Plane
Active Ground Floor Use &
Design See (D) See (D) See (D) See (D)
Pedestrian-Oriented Design See (E) See (E) See (E) See (E) Minimum Upper-Story Stepbacks (ft.)—Required Above the Ground Floor Street Stepbacks Above Ground
Floor
5’ for 25% of front
façade.

See (F)
5’ for 25% of front
façade.

See (F)
Section 9.12.030(A), Additional
Development
Standards for Buildings Exceeding 90 feet
in
Height.

Side Interior Stepbacks See (G) See (G) See (G) See (G) Section 9.12.030(A), Additional
Development
Standards for Buildings Exceeding 90 feet
in
Height.

Maximum Unbroken Primary See (H) See (H) See (H) See (H) Section 9.12.030(A), Additional

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Packet Pg. 433 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 86 TABLE 9.12.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — BERGAMOT DISTRICTS Standard BTV MUC CAC CCS Additional
Regulations
Façade Length Development
Standards for Buildings Exceeding 90 feet
in
Height.

Roofline Variation See (I) See (I) See (I) See (I)
Section 9.21.060, Height Projections
Section 9.12.030(A), Additional
Development
Standards for Buildings Exceeding 90 feet
in
Height.

Daylight Plane Adjacent to
Residential District—Interior
Side
and Rear
See (J) See (J) See (J) See (J)
Section 9.21.060, Height Projections
Section 9.12.030(A), Additional
Development
Standards for Buildings Exceeding 90 feet
in
Height.

Standards for Residential Uses
Street-Facing Ground Floor
Residential Uses See (K) See (K) See (K) See (K)
Minimum Percentage of Site Area
of Open Space at Ground Level 12% 12% 12% 12%
Minimum Percentage of the
12% ground level open space
that must be provided adjacent
to the sidewalk
20%
See (L)
20%
See (L)
20%
See (L)
20%
See (L)
Minimum Outdoor Living Area
(sq. ft./unit)—Sites with 3 or More
Units (includes private and
common)
150 150 150 150 Section 9.21.090, Outdoor Living Area
Minimum Percentage of
Outdoor Living Area Provided
as Private Outdoor Living Area
30% 30% 30% 30%
Section 9.21.090, Outdoor Living Area
Minimum Percentage of
Outdoor Living Area Provided
as Common Outdoor Living
Area
70% 70% 70% 70%
Section 9.21.090, Outdoor Living Area
Common Outdoor Living Area
with Projects that include
residential use.

See (M) See (M) See (M) See (M)
Ground Level Pedestrian
Pathways See (N) See (N) See (N) See (N)
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
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

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Packet Pg. 434 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 87 Table 9.12.030.B, Development Standards For Housing Projects, prescribes the development standards for Bergamot 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 9.12.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — BERGAMOT DISTRICTS Standard BTV MUC CAC CCS Additional
Regulations
Density Standards
Maximum FAR Section 9.04.080, Determining FAR
Housing Projects 4.0

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

2.5 2.5 (North of
Nebraska Ave,
South of
Pennsylvania Ave,
and West of
Berkeley St - 3.25)
100% Affordable Housing
Projects 4.5

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

3.0 3.0 (North of
Nebraska Ave,
South of
Pennsylvania Ave,
and West of
Berkeley St - 3.75)
Building Form and Location
Maximum Building Height (ft.) Section 9.04.050, Measuring Height TABLE 9.12.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — BERGAMOT DISTRICTS Standard BTV MUC CAC CCS Additional
Regulations
Landscaping and Street Trees 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 Height Limits Section 9.21.060, Height Projections Projections into Required Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane
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

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Packet Pg. 435 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 88 TABLE 9.12.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — BERGAMOT DISTRICTS Standard BTV MUC CAC CCS Additional
Regulations
Housing Projects 84’
See (A)
84’ (North of
Pennsylvania
Ave parcel line
or South of
Expo Bike Path
- 70’)
See (A)
55’
See (A)
55’ (North of
Nebraska Ave,
South of
Pennsylvania Ave,
and West of
Berkeley St - 70’)
See (A)
Section 9.12.030(A), Additional
Development Standards for Buildings
Exceeding 90 feet in Height.
100% Affordable Housing
Projects
94’
See (A)
94’ (North of
Pennsylvania
Ave parcel line
or South of
Expo Bike Path
- 80’)
See (A)
65’
See (A)
65’ (North of
Nebraska Ave,
South of
Pennsylvania Ave,
and West of
Berkeley St - 80’)
See (A)
Section 9.12.030(A), Additional
Development Standards for Buildings
Exceeding 90 feet in Height.

Minimum Ground Floor Height
(ft.) 11’ 11’ 11’ 11’
Maximum Building Footprint (sq. ft.)
Housing Projects
35,000 35,000 35,000 35,000 Section 9.12.030(A), Additional Development Standards for Buildings
Exceeding 90 feet in Height.

Minimum Setbacks (ft.)
Building Frontage Line See (B) See (B) See (B) See (B)
Build-To Line See (C) See (C) See (C) See (C)
Interior Side and Rear —
Adjacent to Residential District 10 10 10 10
Section 9.21.110, Projections from
Buildings into Minimum Setbacks and
Daylight Plane
Active Ground Floor Use &
Design See (D) See (D) See (D) See (D)
Pedestrian-Oriented Design See (E) See (E) See (E) See (E) Minimum Upper-Story Stepbacks (ft.)—Required Above the Ground Floor Street Stepbacks Above Ground
Floor
5’ for 25% of front
façade.

See (F)
5’ for 25% of
front façade.

See (F)
5’ for 25% of front
façade.

See (F)
Section 9.12.030(A), Additional
Development Standards for Buildings
Exceeding 90 feet in Height.

Side Interior Stepbacks See (G) See (G) See (G) See (G) Section 9.12.030(A), Additional
Development Standards for Buildings
Exceeding 90 feet in Height.

Maximum Unbroken Primary
Façade Length See (H) See (H) See (H) See (H)
Section 9.12.030(A), Additional
Development Standards for Buildings
Exceeding 90 feet in Height.

Roofline Variation See (I) See (I) See (I) See (I)
Section 9.21.060, Height Projections
Section 9.12.030(A), Additional
Development Standards for Buildings
Exceeding 90 feet in Height.

Daylight Plane Adjacent to
Residential District—Interior
Side and Rear
See (J) See (J) See (J) See (J)
Section 9.21.060, Height Projections
Section 9.12.030(A), Additional
Development Standards for Buildings
Exceeding 90 feet in Height.

Standards for Residential Uses
Street-Facing Ground Floor
Residential Uses See (K) See (K) See (K) See (K)
Minimum Percentage of Site Area
of Open Space at Ground Level 12% 12% 12% 12%

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Packet Pg. 436 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 89 TABLE 9.12.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — BERGAMOT DISTRICTS Standard BTV MUC CAC CCS Additional
Regulations
Minimum Percent of the 12%
ground level open space that
must be provided adjacent to the
sidewalk
20%
See (L)
20%
See (L)
20%
See (L)
20%
See (L)
Maximum Percentage of the
12% ground level open space
that can be covered by an
enclosed building
20% 20% 20% 20%
Minimum Outdoor Living Area
(sq. ft./unit)—Sites with 3 or More
Units (includes private and
common)
150 150 150 150 Section 9.21.090, Outdoor Living Area
Minimum Percentage of
Outdoor Living Area Provided
as Private Outdoor Living Area
30% 30% 30% 30%
Section 9.21.090, Outdoor Living Area
Minimum Percentage of
Outdoor Living Area Provided
as Common Outdoor Living
Area
70% 70% 70% 70%
Section 9.21.090, Outdoor Living Area
Common Outdoor Living Area See (M) See (M) See (M) See (M) Ground Level Pedestrian
Pathways See (N) See (N) See (N) See (N)
Special Project Commitments for
Bergamot Area Housing Projects
on Large Sites.

See (O) See (O) See (O) See (O)
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
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 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 Height Limits Section 9.21.060, Height Projections Projections into Required Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane
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

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Packet Pg. 437 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 90 A. Additional Development Standards for Buildings Exceeding 90 feet in Height.

The following additional standards shall apply to all projects with buildings or portions of buildings exceeding 90 feet in height. These standards are required in addition to the development standards established in both Tables 9.12.030.A and 9.12.030.B above, except that building modulation standards 9.12.030(F), (G), (H), (I), and (J) shall not apply.

1. Maximum Allowable Podium Height: 35 feet

2. Maximum Podium Footprint: See maximum building footprint requirements established in Tables 9.12.030.A and 9.12.030.B above (see Figure 9.12.030(A).

3. Maximum Tower Footprint: 12,000 square feet

4. Minimum Tower Spacing: The minimum spacing between closest points of all tower facades shall be 80 feet. (see Figure 9.12.030(B))

5. Minimum Offset Tower Spacing: The minimum spacing between closest points of towers that are diagonally opposite shall be 40 feet. (see Figure 9.12.030(B))

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Packet Pg. 438 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 91 Figure 9.12.030(A): Tower and Podium Maximum Footprint Diagram

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Packet Pg. 439 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 92 Figure 9.12.030(B): Minimum Tower Spacing Diagram
B. Building Frontage Line.

1. To create walkable streets, buildings facing the following streets shall provide a minimum building setback as measured from the street curb face to the building façade, as provided below and in Figures 9.12.030(C):
a. Nebraska Avenue between Stewart and Berkeley Street: 20’ b. Pennsylvania Avenue between 26th Street and Stewart Street: 20’ c. Stewart Street between Colorado Avenue and Nebraska Avenue: 20’ d. Colorado Avenue between Stewart Street and Stanford Street: 15’ e. Olympic Boulevard between 26th Street and Centinela Avenue: 15’ f. Stanford Street between Colorado Avenue and Nebraska Avenue:
10’
g. Berkeley Street between Pennsylvania Avenue and Nebraska Avenue: 10’

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Packet Pg. 440 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 93 h. All other streets shall be 10’
For all building frontage lines 15 feet or greater, habitable space above the ground floor may project up to 5 feet into the building frontage line, however cannot project over the property line into the public right-of-way. Other projections including but not limited to balconies and awnings may be allowed in accordance with Section 9.21.110.

FIGURE 9.12.030(C): MEASURING BUILDING FRONTAGE LINE

2. Where there are any conflicts between the building frontage line requirement and any pedestrian realm dimensions provided in the street design guidelines pursuant to Bergamot Area Plan Chapter 7, Street Standards and Design Guidelines, the building frontage line dimension above would apply.

C. Build-to Line.

1. Buildings or portions of buildings with nonresidential uses on the ground floor and not facing a residential district shall be constructed no farther than 10 feet from the building frontage line for 70% of linear street frontage. a. For parcels 60 feet in width or less, this requirement may be reduced to 60% provided that entry courtyards, plazas, open space, outdoor dining and display areas, or other uncovered areas are designed and accessible for public use and located between the build-to line and building.

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Packet Pg. 441 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 94 2. Buildings or portions of buildings with residential units on the ground floor shall be constructed a minimum of 8 feet from the street-facing property line, or to the building frontage line required in 9.12.030(B) above, whichever is greater.

D. Active Ground Floor Use and Design.

1. The ground-floor street frontage of buildings facing 1) Nebraska Avenue between Stewart Street and Berkeley Streets and 2) Pennsylvania Avenue between 26th Street and Stewart Street 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 35 feet, but no less than 20 feet, for a minimum of 60% of the ground-floor frontage. b. 100% affordable housing projects shall be exempt from this active use area requirement.
c. Notwithstanding the land use table above (Table 9.12.020), parcels that are zoned Conservation: Creative Sector (CCS) and have street frontages within a required ground floor active use area shall comply with the land use regulations for the Mixed-Use Creative zoning district.

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Packet Pg. 442 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 95 i. 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. ii. Vertical Elements: Frontages shall be designed to be divided into bays that are 30-feet wide or less by pilasters, columns, window patterns, or other vertical elements.
iii. This requirement may be modified if it can be demonstrated that the fulfillment of this requirement materially interferes with the project’s ability to meet the requirements of Municipal Code Chapter 8.36 – Energy Code.

FIGURE 9.12.030(D): STREET-FACING FAÇADES
b. A minimum of one pedestrian entrance facing the primary street.

E. 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 at the ground floor level:

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Packet Pg. 443 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 96 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 nighttime illumination for the pedestrian environment by reinforcing entrances, public sidewalks and open areas which avoids off-site glare, subject to 9.21.080 Lighting. b. 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.
c. Sloped Ground-Floor Street Frontages. On parcels with a grade change of 10% or more along the length of the parcel line adjacent to the commercial boulevard, a maximum of 60 feet of commercial frontage may be up to 36 inches higher or lower than the finished grade of the adjacent sidewalk, and the remainder shall not exceed 24 inches higher or lower than the finished grade of the adjacent sidewalk.

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Packet Pg. 444 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 97 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.

F. Street Stepbacks Above Ground Floor: The minimum required stepback above the ground floor shall be 25 percent of the front façade area.

1. Stepbacks shall be a minimum of 5 feet and are not required to be open to the sky.

2. Projections into the required stepbacks are permitted pursuant to 9.21.110.

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Packet Pg. 445 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 98 FIGURE 9.12.030(E): STREET STEPBACKS ABOVE GROUND FLOOR G. Side Interior Stepbacks: A minimum of 15 percent of the exposed side interior building façade area above 39 feet shall be stepped back a minimum of 5 feet from the side property line.

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Packet Pg. 446 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 99 FIGURE 9.12.030(F): SIDE INTERIOR STEPBACKS
H. Maximum Unbroken Primary Façade Length:

1. All new or modified buildings shall orient the primary façade to the front property line. Secondary façades shall orient to the side or rear property line.

2. Corner buildings shall have a primary façade fronting each sidewalk.

3. For façades that are greater than 150’, a break of 10 percent of the façade length, with a 5-foot minimum depth, is required. This dimension can be broken into two breaks, provided each break is greater than 5 feet in width. The break must extend from above the ground for 50 percent of the height of the project. The break is not required to

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Packet Pg. 447 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 100
be continuous.

FIGURE 9.12.030(G): MAXIMUM UNBROKEN PRIMARY FAÇADE LENGTH I. Roofline Variation: The top level of the building shall comply with one of the following standards:

1. Building Footprint: For buildings over 55 feet and no more than 90 feet in height, the upper-most level shall cover a maximum of 80 percent of the immediate floor below.

2. Street Stepback: For buildings over 55 feet in height, the upper-most level shall be stepped back a minimum of 10 feet from street-facing building façades.

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Packet Pg. 448 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 101
FIGURE 9.12.030(H): ROOFLINE VARIATION DIAGRAM
– OR –
J. Daylight Plane: Buildings shall not extend above a plane starting at 30 feet in height directly above the parcel line abutting any residentially-zoned parcel, or where there is an alley, the centerline of the alley, and from that point, extending in at a 45- degree angle from vertical toward the interior of the site for 30 feet measured horizontally.

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Packet Pg. 449 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 102

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

2. Uses allowed within the stepback include balconies, terraces, shade structures, and similar open space features.

FIGURE 9.12.030(I): DAYLIGHT PLANE
K. Street-Facing Ground Floor Residential Uses: Where ground floor residential units with street frontage are provided, they shall have either an entrance or private outdoor living area facing the street, subject to the following:

1. A minimum of 20% of each ground floor street-facing façade shall be transparent, measured between 2.5 and 8 feet above finished grade.

2. Entrances shall have a minimum 3-foot covered landing area at the same grade as the interior floor.

3. Entrances shall incorporate at least three of the following:
a. Recessed entrance at least 2 feet from the building façade; b. Overhead projection (e.g. porch roof);
c. A sidelight window, adjacent window, or door with a window;

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Packet Pg. 450 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 103
d. At least one stair, up or down, from the pedestrian pathway; e. Paving material, texture, or pattern differentiated from the pedestrian pathway.

4. Stoops and Patios: The side of a patio or stoop (when parallel to a sidewalk) taller than 30 inches shall be set back a minimum of 18 inches from the property line, separated by planted area.

5. Private Outdoor Living Area Adjacent to a Street: Ground floor private outdoor living areas adjacent to a street shall not 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.

L. Ground Level Open Space Adjacent to Sidewalk

1. For parcels with street frontage 250’ or less, the following standards apply:
a. Configuration Incentive: Any portion of the ground level open space adjacent to the street with a minimum dimension of 10’ x 10’ shall count at 1.5 towards the ground level open space requirement.
b. Open-to-the-sky: No more than 20% of the open space may be covered by enclosed building space.
c. Open space may not exceed18 inches above or below the adjacent sidewalk elevation.
d. Any fence, wall, or hedge around the required ground level open space shall not exceed 42 inches except for the portion(s) of the ground level open space that is abutting an internal parcel line.

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Packet Pg. 451 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 104

2. For parcels with street frontage 250’ or greater, the following standards apply:
a. One portion of the ground level open space adjacent to the street shall have a minimum size of 600 sf and minimum dimension of 20’ x 10’. b. Open-to-the-sky: No more than 20% of the open space may be covered by enclosed building space.
c. Open space may not exceed18 inches above or below the adjacent sidewalk elevation.
d. Any fence, wall, or hedge around the required ground level open space shall not exceed 42 inches except for the portion(s) of the ground level open space that is abutting an internal parcel line.

FIGURE 9.12.030(J): GROUND FLOOR OPEN SPACE DIAGRAM

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Packet Pg. 452 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 105
M. Common Outdoor Living Area

1. Open-to-the-sky: No more than 20 percent of common outdoor living area may be covered by enclosed building space.

2. Landscaping: A minimum of 25 percent of each common outdoor living area 500 square feet or greater shall be planting area with a minimum length and width of 30 inches. A minimum of 10% of each common outdoor living area less than 500 square feet and greater than 100 square feet shall be planting area.

3. Trees: A minimum of one 24-inch box tree for every 500 square feet of common outdoor living area shall be planted within the common outdoor living area. At least 50 percent shall be shade trees. A shade tree shall be defined as a deciduous tree that provides relief from direct sunlight for at least six months.

4. Social Space: A minimum of one social space, either soft or hardscape, with a minimum dimension of 10 feet in each direction shall be provided for every 25 units.

Each required social space shall incorporate at least one of the following amenities:
a. Cooking facilities
b. Edible gardens
c. Pools and/or spas
d. Water features
e. Exercise space and/or equipment
f. Play space and/or play equipment

5. Seating: A minimum of 1 seat per 200 square feet of common outdoor living area shall be provided with a minimum of four seats per area. Each 48 linear inches of a

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Packet Pg. 453 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 106
bench may be calculated as 2 seats. At least 50% of required seating shall be arranged in groups of four or more seats.

6. In the event of any conflicts between these standards and those provided in 9.21.090 Outdoor Living Area, these standards shall apply.

N. Ground Level Pedestrian Pathways: Ground level pathways shall be required for properties greater than 1 acre. Pathways shall comply with the following standards.

1. Connections: Pathways shall extend through the length and or width of a parcel and shall connect adjacent sidewalks, common spaces, and, where feasible, to pathways of adjacent parcels.

2. Dimensions: Minimum average width of 20 feet, but in no case be less than 15 feet.

3. Open-to-the-sky: No more than 20 percent of the ground level pathways may be covered by enclosed building space.

4. Landscape and Pedestrian Amenities
a. Landscaping: A minimum of 25 percent shall be landscaped area with a minimum dimension of 30 inches in each direction. b. Trees: A minimum of one 24-inch box tree for every 500 square feet shall be planted within the ground level pedestrian pathway. At least 50 percent shall be shade trees.
c. Hardscape: A maximum of 25 percent of the ground level pathways may be paved in standard concrete, with the remainder using enhanced paving such as brick, natural stone, unit concrete pavers, textured/colored/patterned concrete, or similar.

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Packet Pg. 454 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 107
d. Seating: A minimum of 1 seat per 250 square feet of ground level pathways shall be provided. Benches shall be calculated as 1 seat per 24 linear inches.
e. Pedestrian Lighting: Pedestrian lighting shall be provided at a minimum 0.25 footcandle and comply with all requirements pursuant to Section

9.21.080, Lighting.

O. Special Project Commitments for Housing Projects in Bergamot Districts on Large Sites.

1. Housing Projects on Large Sites in Bergamot Districts may elect to be processed by Administrative Approval under Section 9.39.020(A)(1)(d) if located on a parcel or parcels that exceed 43,560 square feet in size (one acre) and are less than 130,680 square feet (three acres) provided that the project meets all standards in Chapter 9.12 and all of the following commitments:
a. Residential Unit Mix:
i. Maximum 15% studio units
ii. Minimum 15% 2-bedroom units
iii. Minimum 10% 3-bedroom units
b. Minimum Ground Level Open Space: 14% of Parcel Area
i. At least 30% of ground level open space shall be adjacent to the street.

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Packet Pg. 455 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 108
ii. One portion of the ground level open space adjacent to the street shall have a minimum size of 600 sf and minimum dimension of 20’ x 10’.
iii. Any fence, wall, or hedge around the required ground level open space shall not exceed 42 inches except for the portion(s) of the ground level open space that is abutting an internal parcel line. iv. Open space may not exceed 18 inches above or below the adjacent sidewalk elevation.
v. Open space adjacent to the street pursuant to Subsection (b)(i) shall be accessible to the public and not exclusive to project occupants, in accordance with Subsection d below .
c. Ground Level Pedestrian Pathway or New Street
i. Ground level pedestrian pathway shall be dedicated for public use (e.g. surface easement), developed in accordance with the standards provided in Section 9.12.030(L) Ground Level Pedestrian Pathways above and Subsection d below.
ii. Ground level pedestrian pathways or new streets shall be dedicated for public use (e.g. surface easement), consistent with the street network map (Figure 7.01) in the Bergamot Area Plan, if one is identified on the site. For new streets, vehicular lanes or street parking shall not count towards the project’s open space requirement.
d. Ground-Level Open Space: Public Access

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Packet Pg. 456 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 109
i. Subject to an Agreement between the owner/developer and City, the Ground-Level Open Space as required in Subsections (b) and (c) above shall be accessible to the public between the hours of 6:00 A.M. and 11:00 P.M. and shall comply with all standards pursuant to this Section. The public use of the Ground-Level Open Space shall be solely for pedestrian access to and passive use by project occupants or the public, including walking, strolling, reading, passive activities, and other similar activity.

Owner/developer may enforce reasonable security measures including limiting public access to any portion of such publicly-accessible GroundLevel Open Space between the hours of 11:00 P.M. and 6:00 A.M. in accordance with adopted administrative regulations established by the Director.
ii. Administrative Regulations. The Director may adopt
administrative regulations to implement the provisions of this Section, including, but not limited to, establishing terms and conditions of the Ground-Level Open Space via an agreement between the owner/developer and City, review procedures, limitations on use within the Ground-Level Open Space, and other permit conditions and agreement requirements. iii. A permittee shall comply with any other permit requirements or conditions set forth in the administrative regulations issued under this Section.

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Packet Pg. 457 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 110
CHAPTER 9.13 EMPLOYMENT DISTRICTS

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.

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Packet Pg. 458 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 111
TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Residential Uses
Residential Dwelling Housing Types
See sub-classifications below.

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 P P P Section 9.31.195, Multiple-Unit Dwelling Projects
Senior Citizen Multiple-Unit Dwelling
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
Housing Types for Specific Needs
Congregate Housing P P P Section 9.31.110, Congregate
Housing
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
Small P P P
Group Residential MUP MUP P Section 9.31.155, Group Residential Senior Group Residential MUP MUP P Section 9.31.155, Group Residential Low Barrier Navigation Centers P P P Section 9.31.175, Low Barrier Navigation Centers
Residential Facilities See sub-classifications below.

Residential Care, General P P P Section 9.31.270, Residential Care Facilities
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, General P P P Section 9.31.270, Residential Care Facilities
Hospice, Limited P P P Section 9.31.270, Residential Care Facilities
Single-Room Occupancy Housing P P P Section 9.31.330, Single Room Occupancy Structures
Supportive Housing P P P

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TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Transitional Housing P P P Section 9.31.110, Congregate and Transitional Housing
Public and Semi-Public Uses
Adult Day Care MUP P P
Child Care and Early Education Facilities MUP P P Section 9.31.120, Child Care and Early Education Facilities
Colleges and Trade Schools, Public or Private – CUP –
Community Assembly CUP CUP CUP Section 9.31.100, Community Assembly
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 –
Section 9.31.070,
Automobile/Vehicle Sales, Leasing,
and Storage
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) CUP
Business Services P L(6) P

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TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Commercial Entertainment and Recreation See sub-classifications below.

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

Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (2,500 SF and
smaller)
P 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 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
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 Section 9.31.040, Alcoholic Beverage Sales
Farmers Markets CUP – –
General Markets L(17)/CUP L(17)/CUP - Section 9.31.040, Alcoholic Beverage Sales
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)

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TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Parking, Public or Private CUP CUP CUP
Personal Services See sub-classifications below.

General Personal Services P P P Section 9.31.230, Personal Service Personal Services, Physical Training P P CUP
Tattoo or Body Modification Parlor P P P Section 9.31.230, Personal Service Retail Sales See sub-classifications below.

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

Recycling Collection Facility P – – Section 9.31.260, Recycling Facilities
Recycling Processing Facility P – – Section 9.31.260, Recycling Facilities
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, Personal Wireless
Service 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 dwelling 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.)
(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
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
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 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
(including private and
common)
100 100 100 Section 9.21.090, Outdoor Living
Area

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Santa Monica City CouncilSeptember 24, 2024

Santa Monica City Council
September 24, 2024